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HomeMy WebLinkAbout09-7039Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOUGLAS M. WOLFBERG, Plaintiff V. AMY WOLFBERG, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS IN DIVORCE 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 pages 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 the Cumberland County Courthouse, 1 Courthouse Square, Carslile, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. L) 9- 17 U 3 f CcU,a " CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOUGLAS M. WOLFBERG, Plaintiff V. AMY WOLFBERG, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq- '70" &, 7-t4-4-? CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Douglas M. Wolfberg, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Amy Wolfberg: 1. The Plaintiff is Douglas M. Wolfberg, an adult individual, residing at 1100 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Amy Wolfberg, an adult individual, residing at 1930 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant were married on August 4, 1990, in Pittsburgh, Allegheny County, Pennsylvania, and separated on September 15, 2008. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce under Section 3301(c) or 3301(d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 10. The parties have not yet reached an agreement regarding equitable distribution. Should they successfully reach a private agreement in the future, Plaintiff requests that the agreement be incorporated into any Decree later entered by this Honorable Court. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT 111- CUSTODY 11. Plaintiff incorporated herein by reference, the allegations set forth in Paragraphs 1 through 7, inclusive of the Complaint as if the same were set for the herein at length. 12. The Plaintiff and Defendant are married and are the parents of three (3) minor children. 13. The children were born in wedlock. 14. The Plaintiff seeks custody of the following children: Joshua Wolfberg, born September 13, 1994, Kayla Wolfberg, born May 13, 1997 and Sophia Wolfberg, born July 25, 2000. 15. Plaintiff/Father, Defendant/Mother and the children resided together at 1930 Monterey Drive, Mechanicsburg, Pennsylvania since 2003. Upon the parties' separation on October 24, 2008, the children remained with Mother in the marital residence and the children have shared their time with Mother and Father on an informal basis since then. 16. Plaintiff has not participated as a party or witness or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 17. Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth or any other state. 18. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. 20. The parties have negotiated a parenting plan which they desire to be entered as an Order of Court as reflected in the attached Custody Stipulation, thus no conciliation is needed. 21. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Both parties have been integrally involved in the lives of their children; B. The children are in need of frequent and continuing contact with both of their parents; C. Father will support the children's continued relationship with their Mother; and D. Father does not wish to have his role marginalized in the lives of the children. WHEREFORE, the Plaintiff, Douglas M. Wolfberg, respectfully requests this Honorable Court incorporate the attached Custody Stipulation as an Order of Court. JOHNSON, QUFFIE, STEWART & WEIDNER Melissa Peel Greevy Esquire I.D. No. 77950 301 Market Stre P. O. Box 109 Lemoyne, Pe, sylvania 17043-0109 (717) 761-4540 :355894 v.2 VERIFICATION I, DOUGLAS M. WOLFBERG, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 10' 101 /C)q DO LAS M. WOLFBE)ft 355894 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOUGLAS M. WOLFBEFG, Plaintiff V. AMY WOLFBERG, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT DOUGLAS M. WOLFBERG, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: 10I C) ?J DOUGLAS M. W ERG :355894 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C. CUSTODY .STIPULATION This Stipulation in Custody is made this day of November, 2008, by and between DOUGLAS M. WOLFBERG (hereinafter referred to as "Father"), of Mechanicsburg, Cumberland County, Pennsylvania, and AMY WOLFBERG (hereinafter referred to as "Mother"), of Mechanicsburg, Cumberland County, Pennsylvania: WHEREAS, Mother and Father are the natural parents of three (3) children, namely, Joshua Wolfberg, born September 13, 1994, Cayla Wolfberg, born May 13, 1997 and Sophia Wolfberg, born July 25, 2000; and WHEREAS, Mother and Father have reached an agreement relative to the future custody and care of their children, the terms of which both parties desire to set forth in the present Custody Stipulation; and WHEREAS, Mother and Father desire that the provisions of the present Custody Stipulation be approved by the Honorable Court of Common Pleas of Cumberland County, Pennsylvania and entered as a Court Order, with the same force and effect as if said Order had been entered after petition, notice and hearing. NOW THEREFORE, the parties intending to be legally bound and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Lezal Custody. Mother and Father shall have shared legal custody of the minor children. Mother and Father shall each have their right to participate in all major considerations concerning the children, including but not limited to, the children's health, welfare, education, religious training and upbringing, and all major decisions shall be made by them jointly, after discussion and consultation with each other, and with a view towards obtaining and following a harmonious policy in the children's best interest. Neither parent shall impair the other parent's right to shared legal custody of the children. Neither parry shall attempt to alienate the affections of the children nor either of them from the other parent. Each parent shall timely notify the other parent of any activity or circumstance concerning the children which would reasonably be expected to be of concern to the other parent. Day-to-day decisions shall be the responsibility of the parent then having physical custody of the children. In the event an emergency shall arise, the parent then having physical custody of the children at the time of the emergency shall be permitted to make immediate decisions necessitated by the emergent circumstance or situation: provided, however, that such parent shall inform the other of the emergency and shall consult with him or her as soon as possible. As provided in 23 Pa.C.S.A. §5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any and all reports or information given to either party as a parent as authorized by statute. It is the obligation of each parent to make every reasonable effort to discuss and reach mutual agreement in advance, regarding the children's enrollment in or transfer from any particular school or school program, the children's advancement in school, the children obtaining driver's licenses, seeking employment, enlistment in the armed forces, undertaking foreign travel, passport application or exchange student status and any other matters of similar importance in the children's lives. Neither shall schedule activities for the children without prior consent of the other party, which consent shall not be unreasonably delayed or withheld. 2. Physical Custody. Father shall have physical custody of the children not less than ten (10) and not more than fifteen (15) days per month. Mother shall have custody during all other times with the childmn. Father's custodial time shall be scheduled at the parents' mutual 2 consent. On or about the fifteenth (15d) day of the preceding calendar month, Father shall provide to Mother his anticipated custodial days for the next month. The parties agree to attempt to accommodate Father's employment related travel obligations. In the event that Father is unable to utilize the minimum ten (10) bf his custodial days in any month, he shall be entitled to carry over the unused days (up to ten) to the subsequent month. Father shall give Mother forty- eight (48) hours notice of any change in the agreed upon scheduled dates. 3. Holidays. The holiday schedule shall supersede and replace the regular custodial schedule to the extent of any conflict therewith. A. Christmas. Mother shall always have custody for Christmas Eve and Christmas Day. B. Chanukah (Hanukkah). Father shall have custody for not less than three (3) days of the Chanukah (Hanukkah) holiday. C. Thanksgiving. The parties shall alternate the Thanksgiving holiday into segments. Segment A shall be Wednesday after school, Thursday and Friday. Segment B shall be Saturday morning, Sunday and Monday evening. In 2008 and subsequent even numbered years, Mother shall have Segment A of Thanksgiving and Father shall have Segment B of Thanksgiving. In 2009 and subsequent odd numbered years, Father shall have Segment B of Thanksgiving and Mother shall have Segment A of Thanksgiving. D. New Year's. The New Year's holiday shall be alternated. The holiday shall be defined as December. 31 at 4:00 p.m. through January 1 at 4:00 p.m. For purposes of this holiday, the even numbered years shall be determined by the year in which New Year's Eve falls. In 2008 and subsequent even numbered years, Mother shall have the New Year's holiday. In 2009 and subsequent odd numbered years, Father shall have the New Year's holiday. 3 E. Easter and Passover. Mother shall have custody for Easter each year. In the event that this holiday overlaps with Passover, Father shall have custody of the children for the first night of Passover. Father shall have custody for the Passover holiday on an annual basis. F. Rosh Hashanah and Yom Kippur. Father will have custody for Rosh Hashanah and Yom Kippur from 3:00 p.m. the afternoon of the holiday to sundown the following day. Q Mothers Day. Mother will have custody. H. Fathers Day_. Father will have custody. 4. Vacation. Each parent shall be entitled to three (3) weeks of uninterrupted custody for purposes of vacations, not more than two (2) of which shall be consecutive. The parties shall provide each other with at least a thirty (30) day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. Transportation. Unless otherwise agreed, the parties shall share transportation incident to custodial exchanges with the parent receiving custody of the children being responsible for picking up the children from the home of the other parent. 6. Temporary Modification. The parties may vary the schedules set forth herein by their mutual agreement. However in the absence of a mutual agreement, the terms of this Stipulation and subsequent Order shall control. 7. Governing Law. This Custody Stipulation shall be governed and controlled by the laws of the Commonwealth of Pennsylvania. 4 8. Jurisdiction. The parties stipulate and agree that Cumberland County Court of Common Pleas has and shall continue to have jurisdiction over this matter. 9. Enforcement. The parties stipulate and agree that this Custody Stipulation Agreement shall be adopted as an Order of Court without the necessity of a hearing. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgements. WITNESS: DOUGLAS-M. W L1FBE Date: 2009 A I , 6?lft /,Z", '" LFPE?G Date: i n 92009 5 ?c( rT,?L . ARY d t . G , T ! rr--, ., 2" I" Gt Ck- ? is'ws /?. a3a©ga OCT 19 2009 6 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOUGLAS M. WOLFBERG, Plaintiff V. AMY WOLFBERG, Defendant ORDER OF COURT NO. 09-7039 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW, this date of () C, 60c r , 2009, the attached Custody Stipulation is incorporated herein as an Order of Court with the same force and effect as if said Order had been entered after Petition, Notice and Hearing. J. Distribution: IAA ssa Peel Greevy, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 -Barbara Sumple Sullivan, Esquire, 549 Bridge Street New Cumberland, PA 17070 A. FS rna Cam, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA l IT -I OF THIE' 2009 OCT 20 AN 0: 52 ?VL`i'r'r ? i Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DOUGLAS M. WOLFBERG, Plaintiff V. AMY WOLFBERG, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 7039 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, BARBARA SUMPLE SULLIVAN, ESQUIRE, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on October 15, 200"y the Plaintiff in the above- captioned divorce action. I certify that I am authorized to acc,6pt s rv' on ehalf of Defendant. Date: '2009 BY: Barbara Sumple Sullivan, Esquire Attorney I. D. No. s3 Z 3 549 Bridge Street New Cumberland, PA 17070 :377580 OF 7HE W OCT 23 M3 DOUGLAS M.WOLFBERG, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff VS. AMY WOLFBERG No.09-7039 2009 Defendant MOTION FOR APPOINTMENT OF MASTER Douglas M.Wolfbera. Plaintiff ,moves the court to appoint a master with respect to the following claims: Q Divorce Q Distribution of Property ❑Annulment Q support Q Alimony Q Counsel Fees Q Alimony Pendente Lite Q Costs and Expenses and in support of the motion states: I. 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• by his attorney,_ Barbara Sumple-Sullivan ,Esquire). 3. The staturory ground(s)for divorce a Section 3301 (c)or(d). +�., -n 4. Delete the inapplicable paragraph(s):A[JX B® C❑ p�� a. The action is not contested. = -per b. An agreement has been reached with respect to the following claims: C)' Q'n A C-) ... C.The action is contested with respect to the following claims: =6 p Divorce,equitable distribution,alimony,alimony pendente lite,support,counsel fees andr 5. The action involves complex issues of law or fact. cn 6. The hearing is expected to take 2 days 7. Additional information,if any,relevant to the motion: None. Date::/I G Attorney for Plaintiff Catherine A.Boyle,Esquire Print Name ORDER APPOINTING MASTER AND NOW ,20 Esquire, is appointed master with respect to the following claims: By the court, I. DOUGLAS WOLFBERG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-7039 AMY WOLFBERG, CIVIL ACTION -LAW Defendant, IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of 2013,a copy of the foregoing Motion for Appointment of Master was sent regular mail,postage prepaid to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 —CA Catherine A. Boyle, Esquire Attorney I.D. #76328 Attorney for Plaintiff MEYERS,DESPOR,MUGMER&BOYLE 410 NORTH SECOND STREET • P.O.80X 1062 o HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 DOUGLAS WOLFBERG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-7039 AMY WOLFBERG, CIVIL ACTION - LAW Defendant, IN DIVORCE INVENTORY OF PLAINTIFF, DOUGLAS WOLFBERG PURSUANT TO Pa. R.C.P. 1920.33(a) rnm cn'r` ern u C, D c fu p E` -G ON --o MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 r ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options O 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) (X) 10. Annuities O 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home (X) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a parry with company) ( ) 16. Employment termination benefits-severance pay, workman compensation claim/award ( ) 17. Profit-sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments O 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans,mortgages held (X) 25. Household furnishings and personalty(include as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of all Owners 1 50% interest Page, Wolfberg & Wirth, LLC H 2 50% interest PWW Consulting, Inc. (Not active) H 3 50% interest PWW Holdings H 4 50% interest PWW Publishing, Inc. H 5 1930 Monterey Drive, Mechanicsburg, PA J 6 Mid Penn Checking J 7 PNC checking W 8 Citizens Investment Service IRA W 9 State Farm Life Insurance Co. Deferred Life Annuity W 10 50% interest in 5010 East Trindle Road H/Partner Mechanicsburg, PA 11 401(k) with PWW H 12 401(k)through prior employer Duane, Morris H 13 Mid Penn Bank H 14 Mid Penn Bank W 15 529 account for Joshua Wolfberg H 16 529 account for Cayla Wolfberg H 17 529 account for Sophia Wolfberg H 18 RBC Wealth Management IRA H NON-MARITAL PROPERTY Defendant lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Names of all Owners 1 50% interest National Academy of Ambulance Coding, H Inc. PROPERTY TRANSFERRED Defendant lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: Person to Item Date of Consideration Whom Number Description of Property Transfer Transferred Transferred 1 Trade-in Saturn SUV unknown unknown unknown 2 Trade-in BMW B3 Convertible unknown unknown unknown LIABILITIES Defendant lists all liabilities of either party or both spouses alone or with any person as of the date this action was commenced: Item Names of all Names of all Number Description of Liabilities Creditors Debtors 1 Mortgage on 1930 Monterey Drive Chase H & W 2 Mortgage on 5010 East Trindle Road Mid Penn H &Partner Bank VERIFICATION I, Douglas Wolfberg verify that the statements made in this Inventory of Plaintiff, Douglas Wolfberg are true and correct to the best of my knowledge, information and belief . I understand that fall statements herein are made subject to the penalties of 18 Pa . C. S . Section 4904, relating to unsworn falsification to authorities . Dated: April 11 , 2013 ( x ) Plaintiff ( ) Defendant I MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 DOUGLAS WOLFBERG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-7039 AMY.WOLFBERG, CIVIL ACTION - LAW Defendant, IN DIVORCE INCOME & EXPENSE STATEMENT OF-. DOUGLAS WOLFBERG rn co Submitted by: Catherine A. Boyle, Esquire z m -j m Meyers, Desfor, Saltzgiver& Boyles cn o , Date: March 26, 2013 >C-) C)- - _�c .. Full Name of Client: Douglas Wolfberg Age: 47 Present Address of Client: 1100 Tiverton Road Mechanicsburg, PA 17050 Telephone Number: 717-319-1624 - Cell Name of Employer: Page, Wolfberg & Wirth, LLC Employer's Address: 5010 East Trindle Road Mechanicsburg, PA 17050 Length of Service with this Employer: 13 years MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 FAX(717)236-2817 Pay period (weekly, bi-weekly, etc.) See attached. INCOME ANNUAL FIGURES PAY PER PERIOD Gross Pay Deductions: Federal: F.LC.A.: State Income Tax: Local Income Tax: Hospital/Medical Insurance: Life Insurance: Pension/Profit Sharing: Credit Union: Savings Bonds: Other: (Specify) TOTAL DEDUCTIONS: $ NET PAY PER PERIOD: $ 2 MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 • FAX(717)236-2817 EXPENSES: MONTHLY YEARLY Home: Mortgage/rent 3,200.00 38,400.00 Condominium fees Maintenance 200.00 2,400.00 Vacation home/cabin Timeshare Repairs/maintenance 100.00 1,200.00 Utilities: Electric 125.00 1,500.00 Gas 120.00 1,440.00 Oil Water 60.00 720.00 Sewer Trash 50.00 600.00 Telephone 50.00 600.00 Cellular telephone 150.00 1,800.00 Internet 150.00 1,800.00 Security alarm 50.00 600.00 Cable Employment: Public Transportation Lunch 100.00 1,200.00 Parking Taxes: Real Estate 916.66 11,000.00 Personal Property Income: Federal 12,500.00 150,000.00 State 2,166.67 26,000.00 Local OPT 5.42 65.00 3 MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 FAX(717)236-2817 EXPENSES: MONTHLY YEARLY Automobile/boats/motorcycles/airplanes: Payments 800.00 9,600.00 Fuel 200.00 2,400.00 Inspection 41.67 500.00 Repairs/maintenance Licensing & Registration 8.33 100.00 Insurance: Homeowners 66.66 800.00 Renter's Automobile Life 25.00 300.00 Accident 8.33 100.00 Disability 6.25 75.00 Umbrella Health: Medical Dental Optical Medical &Dental: Doctors 125.00 1,500.00 Dentists 208.33 2,500.00 Orthodontist 250.00 3,000.00 Hospital Medicine 25.00 300.00 Special needs (glasses, braces, etc.) 250.00 3,000.00 Psychologist/Therapist Personal: Clothing 250.00 3,000.00 Costumes Food 800.00 9,600.00 Barber/Hairdresser 50.00 600.00 4 MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG, PA 17108 (717)236-9428• FAX(717)236-2817 i EXPENSES: MONTHLY YEARLY Education: Private School Parochial School College 300-00 3,600.00 College Savings Plan 380.00 4,560.00 Religious School supplies Field Trips Tutoring Extra-curricular Activities: 204 00 2,400 00 Music Art Dance Sports Credit Payments: 4,000.00 48,000.00 i Credit Cards Charge Accounts Other(Specify) Memberships: 8.33 100.00 Clubs Gym Country Club Household Help: 250.00 3,000.00 Cleaning Snow removal 100.00 1,200.00 Lawn care Landscaping Pool Maintenance Kennel Entertainment: Events Movies 300.00 3,600.00 Dining out 5 MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET 29 8 . P.O.BOX{106 236-2817 HARRISBURG,PA 17108 EXPENSES: MONTHLY YEARLY Other Child Support: Obligation/order or agreement 5,000.00 60,000.00 Miscellaneous expenses College expenses/room &board Gifts: Holidays 333.33 4,000.00 Child(ren)'s birthday(s) Child(ren)'s birthday parry gifts Wedding Baby shower gifts Bar/Bat Mitzvah(daughter's Bat Mitzvah) 1,250.00 15,000.00 Charitable Contributions Church/tithe 291.67 3,500.00 Individual charities 833.33 10,000.00 Support of non-dependent family Legal expenses: Attorneys fees 833.33 10,000.00 Experts 833.33 10,000.00 Accountants 416.67 5,000.00 Vacations/Travel: 625.00 7,500.00 Other Expenses: Dry cleaning 100.00 1,200.00 Home repairs/plumbing/electric/etc. 208.33 2,500.00 Furniture replacement Sports expenses/equipment/fees/coaches/travel Savings/retirement/miscellaneous 2,333.33 28,000.00 TOTAL EXPENSES: $42,454.97 $509,460.00 6 MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 Department of the Treasury—Internal Revenue Service (99) 12011 Form 1040 U.S. Individual Income Tax Return OMB No.1545.0074 IRS Use Only—Do not write orstaple in this space. For the year Jan I -Dec 31,2011,or other tax year beginning ,2011,ending 20 See separate instructions. Your first name MI Last name Your social security number DOUGLAS M. WOLFBERG It a joint return,spouse's first name MI Last name Spouse's social security number AMY M. WOLFBERG 169-62-4027 Home address(number and street).If you have a P.O.box,see Instructions. Apartment no. Make sure the SSN(s)above 1100 TIVERTON ROAD and on line 6c are correct. city,town or post office.If you have a foreign address,also complete spaces below(see Instructions). State ZIP code Presidential Election Campaign MECHANICSBURG PA 17050 Check here If you,or your spouse If filing Foreign country name Foreign province/county Foreign postal code Jointly,want$3 to go to this fund?Checking a box below will not change your tax or refund. )( You X S ouse Fills Status 1 Single q Head of household (with qualifying person).,(See Filing 2 X Married filing jointly(even if only one had income) Instructions.)dependent,enter this child s child Check only 3 Married filing separately.Enter spouse's SSN above&full name here. )"* one box. name here.. " 5 n Qualifying widow(er)with dependent child Exemptions 6a X Yourself. If someone can claim you as a dependent,do not check box 6a . .. ......... B a a d shed 2 b X Spouse.. ..•......•.... .. ....•...... No.ofw children c Dependents: (2)Dependent's (3)Dependent's child Vdif •lived social security relationship a I7 with you..... 3 number to you gua7��g for • did not 1) First name Last name see ins'Irs, live with you due to JOSHUA WOLFBERG 162-76-3765 SON or separation orseparaVon If more than four CAYLA WOLFBERG 207-76-0652 DAUGHTER X (see instrs)... de endents,see Dependents ins ructions and SOPHIA WOLFBERG 210-78-8969 DAUGHTER on above. check here.. ►•H Add numbers d Total number of exemptions claimed.....•....:. on lines 5 above. 10. 7 Wages, salaries,tips, etc.Attach Form(s)W-2.................:.:..........:....... 7 73,412. Income Sa Taxable interest.Attach Schedule B if required............................................................. Ba 535. b Tax-exempt interest. Do not include on line Sa............. I 8bJ >:>;::;;<• • Attach Form(s) 9a Ordinary dividends.Attach Schedule B if required......................::.......•..... 9a 3. •Z here.Also b Qualified dividends...................................... I 9 b attach Forms 10 Taxable refunds, credits, or offsets of state and local income taxes........... W-2G and 1099-R ........... 10 if,xax was withheld. 11 Alimony received...............•..............•.•.......................•........... 11 If you did not 12 Business income or(loss).Attach Schedule C or C-EZ..............•.................. 12 get a W-2 13 Capital gain or(loss),Att Sch D if regd.If not reqd,ck here...•..................... 13 sbe instructions. 14 Other gains or(losses).Attach Form 4797............................................. 14 15a IRA distributions.,,,*....'', 15a b Taxable amount............. 15b 16a Pensions and annu ...... 16al I bTaxable amount............. 16b 17 Rental real estate, royalties, partnerships, S corporations,trusts, etc.Attach Schedule E.. 17 460 779. Enclose,but do 18 Farm income or poss).Attach Schedule F............................................. 18 not attach,any 19 Unemployment compensation....................................................... 19 payment.Also 20a Social security benefits........... 20a bTaxable amount............. lob please use Y �-1 Form 10404. 21 Other income 21 ------------------------------------- 22 Combine the amounts in the far ri ht column for lines 7 throu h 21.This is our total income.............. 22 534,729. 23 Educator expenses.................................I.... 23 Adjusted 24 Certain business expenses of reservists,performing artists,and fee-basis Gross government officials.Attach Form 2106 or 2106-EZ................... 24 Income 25 Health savings account deduction.Attach Form 8889........ 25 •��•�^•� 26 Moving expenses.Attach.Form 3903...................... 26 27 Deductible part of self-employment tax.Attach Schedule SE............. 27 8, 8 28 Self-employed SEP, SIMPLE, and qualified plans........... 28 38,550. € 29 Self-employed health insurance deduction................. 29 14,999. ''?> 30 Penalty on early withdrawal of savings..................... 30 <:�:.•„::.: 31 a Alimony paid b Recipient's SSN.... . 31 a 32 IRA deduction........................................... 32 a:•.`: . 33 Student loan interest deduction...•....................... 33 ;;;::;;:s:• 34 Tuition and fees.Attach Form 8917........................ 34 •>•�^�•�� 35 Domestic production activities deduction.Attach Form 8903.•........... 35 $'> 36 Add lines 23 through 35................................................................ :36z: 62,415. 37 Subtract line 36 from line 22.This Is your adjusted gross income...................•.. 1- 37 472,314. BAA For Disclosure,Privacy Act,and Paperwork Reduction Act Notice,see separate instructions. FDIAO112L 11/07/11 Form 1040(2011) Form 1040(201 1) DOUGLAS M. ANC]14Y M. WOLFBERG Page 2 Tax and 38 Amount from line 37(adjusted gross income)...,....... .................... 38 472,3147 Credits 39a Check IHSpouse You were born before January 2, 1947, 8 Blind. Total boxes if: was born before January 2, 1947, Blind. checked > 39a Standard L b If your spouse itemizes on a separate return or you were a dual-status alien,check here......... > 39b <%::z::z:»::'• Deduction 40 Itemized deductions(from Schedule A)or your standard deduction(see instructions).................... 40 83,208. for— 41 Subtract line 40 from line 38........................................................ 41 389,106. • People who .......... 42 18,500. check any box 42 Exemptions.Multiply$3,700 by the number on line 6d................................. on line 39a or 43 Taxable income.Subtract line 42 from line 41. 39b or who can If line 42 is more than line 41,enter-0•...................................................... 43 370,606. be claimed as a 44 Tax(see instrs). Check if any from: a BForm(s)8814 c 962 election dependent, see b Form 4972........................... 44 99,754. instructions. 45 Alternative minimum tax(see Instructions).Attach Form 6251........................... 1 45 14,494. • All others: 46 Add lines 44 and 45.................................... .. ................. > 46 114,248. Single or 47 Foreign tax credit.Attach Form 1116 If required............ 47 Married filing h F t child Credit for c and dependent care expenses.Attach 2441.......... 48 'r separately, 48 $5,800 49 Education credits from Form 8863, line 23.................. 49 s :>. Married filing 50 Retirement savings contributions credit.Attach Form 8880... 50 jointly or s s Qualifying 51 Child tax credit(see instructions).......................... 51 ' widower , 52 Residential energy credits.Attach Form 5695............... 52 $11,600 Head of 53 Other crs from Form: a E]3800 b []8801 c 53 :< household, 54 Add lines 47 through 53.These are your total credits.................................. 54 $8,500 55 Subtract line 54 from line 46. If line 54 Is more than line 46,enter-0................... > 55 114,248. Other 55 Self-employment tax.Attach Schedule SE.......,::t:.,......................................... 56 16 747. ............................... Taxes 57 Unreported social security and Medicare tax from Form:.a ❑4137 b E]8919...................... 57 58 Additional tax on IRAs;other qualified retirement plans,etc.Attach Form 5329 if required...:............... . 58 59a Household employment taxes from Schedule H.......................................... . 59a b'First-time homebuyer credit repayment..Attach Form 5405 if required........,.I......... .59b 60 Other taxes. Enter code(s)from instructions - ___ _________ __.60 61 Add lines 55.60.This is your total tax.. ___ > 61 .130,995. Payments 62 Federal income tax withheld from Forms W-2.and 1099...... 62 6,445.. If you have a L 63 2011 estimated tax payments and amount applied from 2010 return........ 63 14 8. •0 010.., ':•.`.;?: qualifying 64a Earned income credit(EIC)......... child attach 64a b Nontaxable combat pay election..... > 646 Schedule EIC. 65 Additional child tax credit.Attach Form 8812............... 65 66 American opportunity credit from Form 8863, line 14........ 66 >'?' 67 First-time homebuyer credit from Form 5405, line 10........ 67 68 Amount paid with request for extension to file.............. 68 69 Excess social security and tier 1 RRTA tax withheld,........ 69 70 Credit for federal tax on fuels.Attach Form 4136............ 70 71 Credits from Form: a 2439 b 8839 c ❑8801 d E]8885. 71 12. € r 72 Add Ins 62,63,64a,&65.71,These are your total pmts ........................................ > 72 154,457. Refund 73 If line 72 is more than line 61,subtract line 61 from line 72.This is the amount you overpaid............. 73 23,462. 74a Amount of line 73 you want refunded to you. If Form 8888 is attached, check here.. ► 74a 0. ► b Routing number...:.... ► c Type: Checking 11 Savings < : € Direct de osit? See instructions. ► p d Account number........ ••••�•��> 75 Amount of line 73 you want applied to your 2012 estimated tax........ > 75 23,462 Amount 76 Amount you owe.Subtract line 72 from line 61.For details on how to pay see instructions................ > 76 ,;:::.:.:::.,...: You Owe 77 77 Estimated tax penalty see instructions �'••`' ` Do you want to allow another person to discuss this return with the IRS(see instructions)? X❑Yes.Complete below. No • Third Party y )••••••••••• p _ Designee Designee's Phone Personal(PiM ldentification name -CRAIG A. DIEHL no. ► (717) 763-7613 number ►34646 Sign under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and g belief,they are true,correct,and complete.Declaration of preparer(other than taxpayer)Is based on all information of which preparer has any knowledge. Here Your signature Date Your occupation Daytime phone number Joint return? See Instructions. / ATTORNEY 717-691-0100 Keep a copy Spouse's signature.If a joint return,both must sign. Date Spouse's occupation �f thhe IRS se you an Identity I enter t for your records. ' LABORER Pre ctlon see i here(see ins() PrinbType preparer's name Preparer's signature Date check 1X1 if I PfIN Paid CRAIG A. DIEHL self-employed P01432613 Preparer's Firm's name ►LAW OFFICES OF CRAIG A DIEHL Use Only Firm's address , 3464 TRINDLE RD FIrm'sEIN►. 25-1638737 CAMP HILL PA 17011 Phoneno. (717) 763-7613 Form 1040(2011) FDIA0112L 11/67/11 VERIFICATION I, Douglas Wolfberg verify that the statements made in this Income and Expense Statement of Douglas Wolfberg are true and correct to the best of my knowledge, information and belief . I understand that fall statements herein are made subject to .the penalties of 18 Pa . C. S . Section 4904, relating to unsworn falsification to authorities . Dated: April 11 , 2013 ( X ) Plaintiff ( ) Defendant I MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 DOUGLAS M.WOLFBERG, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff vs. AMY WOLFBERG NO.09-7039 2009 Defendant MOTION FOR APPOINTMENT OF MASTER Douglas M.Wolfberg, Plaintiff ,moves the court to appoint a master with respect to the following claims: ❑X Divorce ❑Distribution of Property ❑Annulment ❑X Support •Alimony ❑X Counsel Fees •Alimony Pendente Lite ❑X Costs and Expenses and in support of the motion states: I. 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 (by his attorney,_ Barbara Sumple-Sullivan ,Esquire). 3. The staturory ground(s)for divorce are Section 3301 (c) or(d). tai 4. `Delete the inapplicable paragraph(s):A❑X B❑X C❑ y. 3 a. The action is not contested. -ter b. An aareement has been reached with resnect to the followine claims: cn r" C7 C)-n C. The action is contested with respect to the following claims: =p ZC-) iV rYY Divorce,equitable distribution,alimony,alimony pendente lite,support,counsel fees and G D 5. The action involves complex issues of law or fact. 6. The hearing is expected to take 2 days 7. Additional information,if any,relevant to the motion: None. Date: II ' Attorney or Plaintiff Catherine A.Boyle,Esquire Print Name ORDER t , APPOINTINGMASTER Cq >- AND NOW 'a 201:3 , (f Aqtej,-t (� Esquire, ~ is ted master wi h respect to the following claims:,A'0 1&4 cwC' C�3 - �p X © By the Court, 040.ua ' ....J '064.JAL L!� 2 J. CL_ a 0 F DOUGLAS WOLFBERG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-7039 AMY WOLFBERG, CIVIL ACTION- LAW Defendant; IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of a- ,2013, a copy of the foregoing Motion for Appointment of Master was sent regular mail, postage prepaid to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Catherine A. Boyle, Esquire Attorney I.D. #76328 Attorney for Plaintiff MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 I (717)236-9428 • FAX(717)236-2817 DOUGLAS WOLFBERG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-7039 AMY WOLFBERG, CIVIL ACTION - LAW Defendant, IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 28`h day of June,2013, that a copy of the foregoing Plaintiff's Answer to Defendant's Production of Document's Request to Plaintiff(Second Set) was sent via first class mail, postage paid to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Respectfully submitted, Catherine A. Boyle, Es ire Attorney for Plainti _;', C= U) s e_ rd CD �,I -y 7. 4 5 MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 • FAX(717)236-2817 DOUGLAS WOLFBERG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-7039 AMY WOLFBERG, CIVIL ACTION - LAW Defendant, IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 28`h day of June, 2013, that a copy of the foregoing Plaintiff's Answer to Interrogatories Propounded by Defendant to be Answered by Plaintiff(Second Set) was sent via first class mail, postage paid to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Respectfully submitted, Catherine A. Boyle, ire Attorney for Plainti f OD C_ --= znrT r -<> O MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 • FAX(717)236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE NOTICE m r-, r•••-• r" N' CI cp YOU HAVE BEEN SUED IN COURT. If you wish to defend against taiinl-s et forth in the following pages, you must take prompt action. You are warned that fa:il to>. do so, the case may proceed without you and a decree of divorce or annulment maye entered; against you by the court. A judgement 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 ights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 • DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Douglas M. Wolfberg, by and through his attorneys, Meyers, Desfor, Saltzgiver and Boyle, and files the following Amended Complaint in Divorce against the Defendant, Amy Wolfberg. 1. The Plaintiff is Douglas M. Wolfberg, an adult individual, residing at 1100 Tiverton Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Amy Wolfberg, an adult individual, residing at 1930 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and defendant were married on August 4, 1990, in Pittsburgh, Allegheny County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7 The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 WHEREFORE, the Plaintiff respectfully request that your Honorable Court enter a Decree of Divorce under Section 3301 (c) of 3301 (d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 8. Paragraphs one through seven of the Amended Complaint are incorporated by reference as if fully set forth herein. 9. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 10. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. ■•■ Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 I, VERIFICATION Douglas Wolfberg statements made in this , verify that the Amended Complaint in Divorce Under Section 3301 (c) or 3301 (d) of are true and correct to the bes the Divorce Code of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3/10/2014 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this I 0` day of AA, , 2014, a copy of the foregoing Amended Complaint in Divorce Under Section 3301 (c) or 3301 (d) of the Divorce Code was sent regular mail, postage prepaid to: Barbara Sumple- Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 atherine A. Boyle, Esquire Attorney I.D. #76328 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 Barbara Sump le-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 2014 MR 1 7 27 CWISERL AND COUNTY PENNS YL. VA N14 DOUGLAS M. WOLFBERG, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA AMY WOLFBERG, : CIVIL ACTION - LAW Defendant : DOCKET NO. 09-7039 MOTION TO STRIKE AND NOW comes Defendant, Amy Wolfberg, by her attorney, Barbara Sumple- Sullivan, and moves the Court for an Order to Strike the Amended Complaint in Divorce filed by the Plaintiff. 1. Petitioner is Defendant, Amy Wolfberg (hereinafter "Wife"). 2. Respondent is Plaintiff, Douglas M. Wolfberg (hereinafter "Husband"). 3 A Divorce Complaint was filed by Plaintiff on October 15, 2009. 4. Paragraph 3 of the Divorce Complaint stated that the date of separation was September 15, 2008. 5. Recently, Plaintiff has begun to contradict his pleaded date of separation. 6. On March 10, 2014, without compliance with Pa.R.C.P. 1033, Plaintiff filed an Amended Complaint wherein he attempts to omit the date of separation. 7. By filing an Amended Complaint, Plaintiff is trying to remove from the record the date of separation which he formerly pled in his Complaint and currently contradicts. 8. Plaintiff did not receive the consent of Defendant or leave of the court to file an amended complaint as is required pursuant to Pa.R.C.P. 1033. 9. Concurrence for this Motion to Strike was sought from Opposing Counsel, Catherine Boyle, and was not received. 10. Judge Ebert signed a Custody Order filed under this docket number on October 19, 2009. Judge Hess signed the Order Appointing the Master on April 24, 2013. WHEREFORE, Plaintiff respectfully requests the Amended Complaint be stricken. Date: March 14, 2014 Respect . y Submitted, Barbara Sumple- Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner Barbara Sumple- Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774 -1445 DOUGLAS M. WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE- SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Motion to Strike, in the above - captioned matter upon the following individual(s), by United States first -class mail, postage prepaid, addressed as follows: DATE: March 14, 2014 Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Barbara Sumple - Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 -1931 (717) 774 -1445 Supreme Court I.D. 32317 Attorney for Defendant DOUGLAS M. WOLFBERG, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • • AMY WOLFBERG, • DEFENDANT : NO. 09-7039 CIVIL ORDER OF COURT AND NOW, this 20th day of March, 2014, upon consideration of the Defendant Amy Wolfberg's Motion to Strike; IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule shall issue upon Douglas Wolfberg to show cause why the relief requested by the Defendant should not be granted. 2. Douglas Wolfberg shall file an Answer to the Motion to Strike on or before April 4, 2014. 3. Upon review of the Answer, the Court will determine whether or not hearing/argument on matter should be scheduled. By the Court, _ r M. L. Ebert, Jr., • Catherine A. Boyle, Esquire Y q Attorney for Plaintiff arbara Sumple-Sullivan, Esquire Attorney for Defendant bas 3A.C.)// , • DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -1 -- a vs. : NO. 09 -7039 ~` • _'3 PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINS AND NOW COMES, Plaintiff, Douglas Wolfberg, by and through his counsel, Meyers, Desfor, Saltzgiver & Boyle, and files this Motion to Amend Complaint, and in support thereof, avers as follows: 1. Petitioner is Douglas Wolfberg, Plaintiff in the above - captioned matter (hereinafter "Husband "). 2. Respondent is Amy Wolfberg, Defendant in the above- captioned matter (hereinafter "Wife "). 3. The parties were married on August 4, 1990, and separated thereafter. 4. Husband filed a Complaint in Divorce on October 15, 2009, requesting equitable distribution. AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE 5. Wife filed an Answer to Complaint in Divorce and Counterclaim on November 24, 2009, requesting support, alimony pendente lite and alimony, and attorney's fees and costs. 6. Husband moves to amend his Complaint pursuant to Pa.R.C.P. 1033 so as to conform with the evidence to be offered at the time of trial. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108. (717) 236 -9428 • FAX (717) 236 -2817 7. The Rule states in relevant part, "A party... may at any time change the form of the action, add a person as a party, correct the name of a party, or otherwise amend the pleading.... An amendment may be made to conform the pleading to the evidence offered or admitted." 8. Amendments are to be liberally granted by the Court so as to secure the determination of each case on its merits. Capobianchi v. BIC Corp., 666 A.2d 344, 346, 446 Pa. Super. 130, 133 (1995). 9. After discovery, it has become clear that the date of separation was incorrectly pled in Husband's original Complaint. 10. Accordingly, Husband seeks to amend his Complaint to conform with the evidence to be offered at the time of trial regarding the date of separation. 11. The proposed amendment does not raise an additional claim, but rather avers the facts more clearly. 12. Moreover, the date of separation has been an ongoing issue between the parties throughout discovery and the divorce litigation. A hearing to determine the date of separation is scheduled for May 15, 2014. Because she is aware of the issue, as well as Husband's position, Wife is not prejudiced were the Court to grant leave to amend. 13. Husband also seeks to amend the Complaint to eliminate a prior pled action, i.e., custody, that is no longer an issue between the parties. 14. A copy of Husband's proposed Amended Complaint is attached hereto as Exhibit "A." 15. The Honorable M.L. Ebert, Jr., has previously ruled on this matter. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 16. Wife's counsel was advised of this Motion, and has indicated that Wife does not concur. Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236 -9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236 -2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE NOTICE 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 judgement 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 the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249 -3166 800 - 990 -9108 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249 -3166 800 - 990 -9108 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE • AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Douglas M. Wolfberg, by and through his attorneys, Meyers, Desfor, Saltzgiver and Boyle, and files the following Amended Complaint in Divorce against the Defendant, Amy Wolfberg. 1. The Plaintiff is Douglas M. Wolfberg, an adult individual, residing at 1100 Tiverton Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Amy Wolfberg, an adult individual, residing at 1930 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3 The Plaintiff and defendant were married on August 4, 1990, in Pittsburgh, Allegheny County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully request that your Honorable Court enter a Decree of Divorce under Section 3301 (c) of 3301 (d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 8. Paragraphs one through seven of the Amended Complaint are incorporated by reference as if fully set forth herein. 9. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 10. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236 -9428 Attorney for Plaintiff DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of , 2014, a copy of the foregoing Amended Complaint in Divorce Under Section 3301 (c) or 3301 (d) of the Divorce Code was sent regular mail, postage prepaid to: Barbara Sumple- Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Catherine A. Boyle, Esquire Attorney I.D. #76328 Attorney for Plaintiff I, VERIFICATION Douglas Wolfberg , verify that the statements made in this Motion for Leave to Amend Complaint are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3/28/14 I (X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZG1VER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236 -2817 OUG AS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7039 MY WOLFBERG, : CIVIL ACTION - LAW Defendant, IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this 26day of jt1a44, 2014, a copy of the attached laintiff s Motion for Leave to Amend Complaint was mailed first-class, postage prepaid to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Catherine A. Boyle, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE PRAECIPE TO WITHDRAW AMENDED COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please withdraw, without prejudice, the Amended Compliant in Divorce filed by Plaintiff on March 12, 2014, in the above referenced action. Respectfully submitted, Catherine A. Boyle, Esq Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236 -9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this R day of kt-44/1 c , 2014, a copy of the attached Praecipe was sent via regular U.S. Mail, postage pre -paid, to: Barbara Sumple- Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Catherine A. Boyle, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 Barbara Sumple- Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774 -1445 DOUGLAS M. WOLFBERG, Plaintiff v. AMY WOLFBERG, Defendant Co i CYl THE ii0 ± HO iEJ E; 1t 7.0 APR -2 PH 2: 20 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 09 -7039 PRAECIPE TO WITHDRAW MOTION TO THE PROTHONOTARY: Please withdraw, without predjudice, the Motion to Strike filed by Defendant on March 17, 2014 in the above - captioned matter. Date: April 1, 2014 Barbara Sumple- Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774 -1445 Barbara Sump le-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. AMY WOLFBERG, : CIVIL ACTION - LAW Defendant : DOCKET NO. 09-7039 CERTIFICATE OF SERVICE I, Barbara Sump le-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: April 1, 2014 Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 arbara Sump le-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff , : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO STRIKE AND NOW, comes Plaintiff, Douglas Wolfberg, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Answer to Defendant's Motion to Strike and in support thereof avers as follows: W; 1. Admitted. � 23 i° r) 2. Admitted. s' %'�� 3. Admitted. 4. Husband's Divorce Complaint speaks for itself. By way of further answer, Husband has filed a Motion for Leave to Amend Divorce Complaint to conform the pleading to evidence to be offered or admitted at trial. 5. Denied. Husband has always indicated the issue regarding the parties' date of separation. Indeed, a hearing is scheduled for May 15, 2014, to determine the correct date of separation. 6. Admitted in part. Denied in part. It is admitted that Husband filed an Amended Complaint. However, he did so on March 12, 2014. Thereafter, on March 31, 2014, Husband filed a Praecipe to Withdraw Amended Compliant in Divorce and filed a Motion for Leave to Amend said Complaint in compliance with Pa. R.C.P. 1033. Accordingly, Husband believes that Wife's Motion to Strike is now moot. <J•t MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 7. Denied. Husband's prior Complaint will remain part of the record. Husband files a Motion to Amend Complaint in accordance with Pa. R.C.P. 1033. Husband also filed a Praecipe to Withdraw his previously filed Amended Complaint. Accordingly, Husband believes his current filings render Wife's Motion to Strike moot. 8. Admitted. It is admitted that Husband did not seek leave of Court prior to filing his Amended Complaint on March 12, 2014. Thus, Husband filed a Praecipe to Withdraw the Amended Complaint as well a Motion for Leave to Amend Complaint on March 31, 2014. Accordingly, Husband believes his current filings render Wife's Motion to Strike moot. 9. This averment contains conclusions of fact or law to which no answer is required. By way of further answer, Husband has filed a Praecipe to Withdraw Amended Complaint and a Motion for Leave to Amend the Complaint on March 31, 2014, in compliance with Pa. R.C.P. 1033. Accordingly, Husband believes his current filings render Wife's Motion to Strike moot. 10. This averment contains conclusions of fact or law to which no answer is required. By way of further answer, the Honorable M. L. Ebert, Jr., issued an Order of Court on March 20, 2014, regarding Wife's Motion to Strike. Husband was ordered to file the within Answer to this motion on or before April 4, 2014. Husband has since withdrawn his prior Amended Complaint and filed a Motion for Leave to Amend Complaint on March 31, 2014. Accordingly, Husband believes his current filings render Wife's Motion to Strike moot. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 WHEREFORE, Plaintiff, Douglas Wolfberg, respectfully requests this Honorable Court deny Defendant's Motion to Strike. Respectfully submitted, atherine A. Boyle, Es Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236 -9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 VERIFICATION I, Douglas Wolfberg verify that the statements made in this Plaintiff's Answer to Defendant's Motion to Strike are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 4/1/2014 (X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1052 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236.2817 1 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 -7039 AMY WOLFBERG, CIVIL ACTION - LAW Defendant, : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this /day of 2014, a copy of the attached Plaintiff's Answer to Defendant's Motion to Strike was mailed first- class, postage prepaid to: Barbara Sumple- Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Catherine A. Boyle, Esqui Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 -9428 • FAX (717) 236 -2817 DOUGLAS M. WOLFBERG, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. AMY WOLFBERG, DEFENDANT : NO. 09-7039 CIVIL ORDER OF COURT AND NOW, this 8th day of April, 2014, upon consideration of the Plaintiffs Motion for Leave to Amend Complaint, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule shall issue upon Amy Wolfberg to show cause why the relief requested by the Plaintiff should not be granted. 2. Amy Wolfberg shall file an Answer to the Motion for Leave to Amend Complaint on or before April 21, 2014. 3. Hearing/Argument on the matter will be held on Wednesday, April 30, 2014, at 9:30 a.m. in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff /C-therine A. Boyle, Esquire Attorney for Defendant bas CCYD (111Urt •100/ By the Court, ", Barbara Sumple- Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774 -1445 DOUGLAS M. WOLFBERG, Plaintiff v. AMY WOLFBERG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 -7039 : CIVIL ACTION - LAW : IN DIVORCE REPLY TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW, this 17th day of April, 2014, comes Defendant, Amy Wolfberg, by and through her attorney, Barbara Sumple- Sullivan, Esquire and files this Reply to Plaintiff's Motion for Leave to Amend Complaint and avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. ..1 6. Denied. Paragraph 6 is denied. Plaintiff is attempting to amend his Complaint to change his factual averment of date of separation, which date had previously be agreed to by the parties. 7. Denied. Paragraph 7 is denied as stated since it does not fully recite the Rule. 8. Denied. Paragraph 8 is denied as a conclusion of law to which no response is due. Further, while allowance of a Petition to Amend a pleading is within the discretion of the Court, it will not be allowed where it does not serve the interest of justice and is in contradiction of a party's sworn averments as previously filed and will prejudice the other party. Greenfield Realty. Co. v. Lincoln Bank., 75 Pa. D &C 2d 209 (1975). The verified Divorce Complaint was filed October 15, 2009 by Petitioner averring separation was September 15, 2008. Respondent's filed her verified Answer on November 24, 2009 admitting Petitioner's averment that separation was September 15, 2008. Petitioner had counsel at the time he filed the verified Complaint averring the date of separation. Four years later, only after Petitioner retained new counsel, did Petitioner seek to change the date of separation. It is believed that the only reason Petitioner's new counsel is seeking to amend the Complaint to change the date of separation is to protect a business entity created in 2008 before separation. Petitioner's new date of separation will predate the creation of the business. Petitioner is not seeking to amend his legal theory, but is attempting to change a factual averment which he previously verified. Petitioner has provided no proof supporting the new date of separation. Allowing Petitioner's Amended Complaint after six years will only prejudice Respondent. All discovery has been completed and the parties have filed their Pre -Trial Statements in 2 preparation for the Divorce Master proceedings (initiated by Petitioner). 9. Denied. Date of separation is a factual issue which should have been well known to Plaintiff. 10. Denied, No response is required. 11. Denied. Paragraph 11 is denied as a conclusion of law to which no response is due. By way of further answer, Petitioner is changing the factual averment without any supporting evidence in an attempt to discount a marital asset. 12. Admitted in part. Denied in part. It is denied that the date of separation has been an ongoing issue between the parties throughout discovery and the divorce litigation. It is averred that it has only become an issue recently after Petitioner's new counsel became involved. It is admitted that a hearing to determine the date of separation is scheduled for May 15, 2014. It is denied that Respondent will not be prejudiced. Allowing Petitioner's Amended Complaint after six years will only prejudice Respondent. All discovery has been completed and the parties have filed their Pre-Trial Statements in preparation for the Divorce Master proceedings (initiated by Petitioner). 13. Denied. Paragraph 13 is denied as a conclusion of law to which no response is due. The parties continue to have minor children and custody continues to be at issue. 3 14. Admitted. 15. Admitted. 16., Admitted. DATE: April 17, 2014 Respectfully submitted, Barbara Sumple - Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 -1931 (717) 774 -1445 Supreme Court I.D. 32317 Attorney for Defendant Barbara Sumple - Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA r v. : NO. 09 -7039 AMY WOLFBERG, : CIVIL ACTION - LAW. Defendant : IN DIVORCE VERIFICATION I, Amy Wolfberg, hereby certify that the facts set forth in the foregoing Reply to Plaintiffs Motion for Leave to Amend Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: '74"/ 7- AL% Barbara Sumple- Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, Plaintiff v. AMY WOLFBERG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 -7039 : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Barbara Sumple - Sullivan, Esquire, am the attorney for Amy Wolfberg, hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Amy Wolfberg to make this Verification and that the facts set forth in the foregoing Reply to Motion for Leave to Amend Complaint are true and correct to the best of my knowledge, information and belief Dated: April 17, 2014 Barbara Sumple- Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070 (717) 774 -1445 Supreme Court I.D. No. 32317 Barbara Sumple- Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, Plaintiff v. AMY WOLFBERG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 -7039 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple- Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Reply to Plaintiff's Motion for Leave to Amend Complaint in the above - captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: DATED: April 17, 2014 Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 5 arbara Sumple- Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070 -1931 (717) 774 -1445 Supreme Court I.D. No. 32317 Barbara Sump le-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, Plaintiff RILED -OFFIC;:i THE PROTHONOTAR`l 2014 APR 30 AM 9:112 CUMBERLAND COUNTY : rbibilkilMF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter my appearance as co-counsel on behalf of Defendant, Amy Wolfberg in the above-captioned matter. DATE: April 30, 2014 1 Respectfully submitted, Anna Strawn, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID. 316659 Attorney for Defendant Barbara Sump le-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLIBERG, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sump le-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Enter Appearance in the above-captioned matter upon the following individual(s) via hand delivery: DATED: April 30, 2014 Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 2 Anna Strawn, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 316659 Attorney for Defendant DOUGLAS M. WOLFBERG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 09-7039 CIVIL AMY WOLFBERG, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN RE: MOTION TO AMEND COMPLAINT ORDER OF COURT AND NOW, this 30th day of April, 2014 , upon consideration of the Plaintiff ' s Motion For Leave to Amend the Complaint, and the defendant ' s Answer thereto, and after oral argument in the case, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff' s Motion For Leave to Amend the Complaint is granted. The plaintiff shall file an amended complaint within 20 days of the date of this Order . By the Court, f\, A M. L. Ebert, Jr. , 11 Catherine A. Boyle, Esquire C:- For the Plaintiff c= c=a M Strawn, Esquire z rn For the Defendant cnr— Drl! -0> cp :mtf -ct:D rr--71 >c) Cotes 172ag -4 „t-- =7/1 r! , DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA cl E— vs. : NO. 09 -7039. -oma - ' 2'D c`^ti AMY WOLFBERG, : CIVIL ACTION - LAW y �\ y= .. Defendant, : IN DIVORCE "� -' -? v NOTICE 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 judgement 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 the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Douglas M. Wolfberg, by and through his attorneys, Meyers, Desfor, Saltzgiver and Boyle, and files the following Amended Complaint in Divorce against the Defendant, Amy Wolfberg. 1. The Plaintiff is Douglas M. Wolfberg, an adult individual, residing at 1100 Tiverton Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Amy Wolfberg, an adult individual, residing at 1930 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and defendant were married on August 4, 1990, in Pittsburgh, Allegheny County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, the Plaintiff respectfully request that your Honorable Court enter a Decree of Divorce under Section 3301 (c) of 3301 (d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 8. Paragraphs one through seven of the Amended Complaint are incorporated by reference as if fully set forth herein. 9. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 10. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all property,- both real and personal, tangible and intangible, acquired by the parties during their marriage. Respectfully submitted, Catherine A. Boyle, Esquir Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Douglas Wolfberg , verify that the statements made in this Amended Complaint in Divorce Under Section 330(c) or 3301 (d) of The Divorce Code of my knowledge, information and belief. I understand that fals are true and correct to the bee statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 5/2/2014 ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZG1VER E. BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7039 AMY WOLFBERG, Defendant, : CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this a o^ day of , 2014, a copy of the foregoing Amended Complaint in Divorce Under Section 3301 (c) or 3301 (d) of the Divorce Code was sent regular mail, postage prepaid to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 w„ „1 MUD Cf) .` P I.._ cr; ea CD -I c G Catherine A. Boyle, Esquir Attorney I.D. #76328 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE ACCEPTANCE OF SERVICE OF AMENDED COMPLAINT IN DIVORCE I, Barbara Sumple-Sullivan, Esquire, counsel for Amy Wolfberg, Defendant, in the above -captioned matter, certify acceptance of service on behalf of Amy Wolfberg of a time - stamped copy of the Amended Complaint in Divorce filed by Plaintiff, Douglas Wolfberg, on May r , 2014, and that I am authorized to do so. Date: Barbara Sumple-Sullivan, Esquire 49 Bridge Street New Cumberland, PA 17070 Attorney for Defendant C) , cza rri co c� -< r q ?> C• MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 < t ;i Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 OV THE PROTHONOTAR). ZOI ti MAY 15 FM 12: 143 CUMBERLAND COUNTY DOUGLAS M. WOLFBERG, : IN THE COURT OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-7039 AMY WOLFBERG, Defendant : CIVIL ACTION - LAW : IN DIVORCE ANSWER TO AMENDED COMPLAINT IN DIVORCE AND NOW, this twelfth day of May, 2014, comes Defendant, Amy Wolfberg, by and through her attorney, Barbara Sumple-Sullivan, Esquire and files this Answer to Amended Complaint in Divorce. Admitted. 2. Admitted. Admitted. By way of further answer, it is averred that the parties' marriage lasted for duration of eighteen years from their marriage on August 4, 1990 until their legal separation on September 15, 2008. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted COUNT II -EQUITABLE DISTRIBUTION 8. Paragraphs 1 through 7 of Defendant's Answer to Amended Complaint in Divorce are incorporated herein by reference. 9. Admitted. 10. Admitted. Defendant hereby incorporates by reference herein the claims raised of record by her Counterclaim filed on November 24, 2009. DATE: May 15, 2014 2 Respect submitted, Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, Plaintiff v. AMY WOLFBERG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-7039 : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Amy Wolfberg, hereby certify that the facts set forth in the foregoing Answer to Amended Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: May 15, 2014 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Answer to Complaint in Divorce in the above -captioned matter upon the following individual via hand delivery: DATED: May 15, 2014 Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 4 Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 DOUGLAS WOLFBERG, Plaintiff : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, PENNSTANA zrn r r < -r vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE AFFIDAVIT OF CONSENT _< CD A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 15, 2009. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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: ()5i fy Douglas olfberg, Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : 1N DIVORCE r1 y - G.1 ----I CD WAIVER OF NOTICE OF INTENTION TO REQUEST 'c - ENTRY OF A DIVORCE DECREE UNDER ' ' ---; 43301(C) OF THE DIVORCE CODE v CP 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date c I)Slry Douglas Wolfberg, Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIAA ii (11 X37 r. (:)`t AFFIDAVIT OF CONSENT cp Y. vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 15, 2009. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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: 15-• /7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNS ,V NIA''l vs. : NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE - z. rn 4:� ill tr+ ---� ea, -F e fir,,. C WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 6:6' 1/ Cn fherg, Defenda MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS M. WOLFBERG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. AMY M. WOLFBERG, Defendant NO. 09 - 7039 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ‘Y)-16 day of 2014, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on May 15, 2014, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. CC: Catherine M. Boyle Attorney for Plaintiff Barbara Sumple-Sullivan Attorney for Defendant BY THE COURT, evin A. Hess, P.J. DOUGLAS M. WOLFBERG, Plaintiff vs. C) , IN THE COURT OF COMMON PLES OF • CUMBERLAND COUNTY, PENNS N NO. 09 - 7039 CIVIL C") AMY W. WOLFBERG, Defendant IN DIVORCE f i THE MASTER: Today is Thursday, May 15, 2014. This is the date set for a hearing on the issue of date of the separation of the parties and the Master has been advised that that issue has been resolved by the agreement between the parties of a comprehensive settlement of all economic claims. Present in the hearing are the Plaintiff, Douglas M. Wolfberg, who is represented by Catherine A. Boyle, and the Defendant, Amy M. Wolfberg, who is represented by Barbara Sumple-Sullivan. This action was commenced by the filing of a complaint in divorce on October 15, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers were signed today and attorney Boyle has indicated that she will file those with the Prothonotary's office today. 1 The complaint, in addition to grounds for divorce, raised a claim for equitable distribution. On November 24, 2009, the Defendant filed a counterclaim raising the additional economic issues of alimony and counsel fees and costs. As indicated, the parties have reached a comprehensive agreement and the agreement is going to be placed on the record in the presence of the parties and counsel. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room today, they are bound by the terms of the settlement even though there has not been a signature to the agreement. The parties, however, are going to be asked to sign the agreement affirming the terms of settlement. The agreement is going to be transcribed and sent to counsel for review for typographical errors, corrections will be made, as necessary, and then the parties will be asked to affirm the agreement terms by signing the agreement. However, the parties are bound when they leave today to the terms as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his 2 appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on August 4, 1990. The date of separation of the parties is not important to the conclusion of the agreement and we are not going to suggest that there is any need to put on the record a specific date of separation. The parties are the natural parents of three children. The oldest child is in college; the other two children are with mother who is primary custodian and father has rights of partial custody. Ms. Boyle. MS. BOYLE: Thank you, Mr. Master. 1. I will be responsible for drafting any additional paperwork that is necessary to obtain the divorce decree. 2. Today's agreement goes into effect today and is not to be modified at the time of the entry of the divorce decree. 3. Both parties represent and warrant to each other that they have not, other than specifically noted herein, incurred any debt or liability in the other one's estate to which they may be liable or their estate may be liable. 4. The parties agree and acknowledge that they have had the opportunity to conduct discovery and an investigation of the assets of each other. 5. The parties agree and acknowledge that they have made full and fair disclosure of their assets and income to the other party prior to the entry of today's agreement. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she 3 may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 8. Husband and wife also specifically release and waive any and all rights he or she may have to raise under the Pennsylvania Divorce Code and any subsequent amendments unless otherwise provided for herein. These rights are included, but not limited to, claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce this agreement, as incorporated in the divorce decree under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the divorce code specifically waived and released in this agreement. 9. All rights and obligations of the parties arising out of the marriage shall be determined by this agreement. 10. This agreement shall be binding on all respective heirs, executors, administrators and assigns of the parties. 11. This agreement represents their entire agreement and there are no representations, promises, or agreements, conditions or warranties between the parties other than those that we are setting forth today. Specifically the parties agree that the terms of their separation agreement dated May 13, 2009, are void. 12. This agreement and its legal effect has been fully explained to the parties by their respective counsel. Each party acknowledges they have received independent legal advise from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and each party accepts and acknowledges that this agreement is under the circumstances fair and equitable and that it is being entered into freely and voluntarily after having received such advise and with such knowledge. 4 13. The execution of this agreement is not the result of any duress or undue influence and is not the result of any collusion or improper or illegal agreement or agreements. 14. Each party also acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania divorce law and his or her rights thereunder. 15. The parties hereto still desire to enter this agreement, acknowledging the terms and conditions set forth are fair, just and equitable to each of the parties and they waive their respective right to have the Court make any determination or order affecting their respective rights to a divorce, alimony, alimony pendente lite, equitable distribution, counsel fees, costs and expenses. 16. Except as provided otherwise, the parties have divided between them and to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property. 17. Husband shall receive the pinball machine, PacMan machine, and the grandfather clock. Husband shall be responsible for the removal of these items from the former marital residence. Any and all other items shall remain with the party that is currently in possession of them. 18. Husband does herein set over, transfer and assign to wife all of his right, title and interest in the former marital residence located at 1930 Monterey Drive, Mechanicsburg, Pennsylvania. The parties acknowledge that there are two liens against the residence, one held at Chase with an approximate balance of $170,000.00 and the other with Mid -Penn with an approximate balance of $74,600.00. Wife shall refinance both liens into her name alone within six (6) months of today's date. The parties shall execute a deed transferring the home from joint names into wife's name alone. Wife's counsel shall prepare the deed and deliver same to husband's counsel. Husband's counsel shall hold the deed in escrow until such time as the refinance or subsequent sale of the residence is complete. If wife fails to refinance as set forth, the house shall be listed for sale and remain listed until sold. The home will be listed with a mutually agreeable agent at a mutually agreeable price. 5 Wife agrees that she alone will be responsible for payment of both mortgages and she shall indemnify and save harmless husband from any and all claims made against him for said mortgages. Wife agrees to be responsible for payment of any and all real estate taxes due on the residence, including any past due taxes as well as any utilities, upkeep, and ongoing maintenance of the residence. Wife agrees that she shall indemnify and save harmless husband from any and all claims or demands made against him for said taxes or other noted expenses. Were the formal marital residence to be sold, wife shall receive any and all net proceeds free of any claim from husband. 19. The parties acknowledge that after separation husband acquired certain real estate, specifically his home located at 1100 Tiverton Road, Mechanicsburg, Pennsylvania. Wife hereby waives any claim she may have to said property. 20. Husband currently owns a 410(k) account through Page, Wolfberg & Wirth. Husband agrees to roll over $200,000.00 from this account to a qualified account in wife's name alone. If said transfer must be accomplished by the entry of a QDRO, the parties agree to engage Jonathan Cramer to draft said order and shall be equally responsible for payment of Mr. Cramer's fees. Any remaining balance in husband's 401(k) account shall remain the sole and exclusive property of husband and wife waives any claim to the remaining balance. The parties shall cooperate to transfer wife's share of husband's 401(k) within thirty (30) days of the entry of a divorce decree. 21. Husband also agrees to pay $50,000.00 in cash to wife as equitable distribution. Husband shall pay to wife half of this amount or $25,000.00 today and the other half within ninety (90) days of today's date. 22. Wife shall keep as her sole and exclusive property her Citizen's IRA; the State Farm deferred life annuity titled in wife's name; the Mid Penn checking and savings account, No. 2766; the proceeds from the BMW Z3; wife's PNC checking account, and any other accounts titled in wife's name alone. 23. Husband shall keep as his sole and exclusive property his business interests in Page, Wolfberg & Wirth; PWW Consulting Incorporated; PWW Holdings, which contains his interest in the property located at 5010 Trindle Road, 6 Mechanicsburg, Pennsylvania; PWW Publishing, and the National Academy of Ambulance Coding. 24. Husband shall be solely responsible for payment of any debts associated with his business interests, including but not limited to the Mid Penn mortgage against the property located at 5010 Trindle Road, Mechancisburg, Pennsylvania. Husband shall indemnify and hold wife harmless from any such debts. In the event that wife has guaranteed any such debt, husband shall make a good faith effort to remove wife from such debt. 25. Husband shall also receive his Duane Morris 401(k), Premier Select IRA, PNC Roth IRA, Smith Barney IRA, husband's Mid Penn bank accounts, any life insurance policy held by husband, and any other accounts held in husband's name alone. (Whereupon, a discussion was held off the record.) MS. BOYLE: We had a discussion off the record pertaining to the Smith Barney IRA. It is husband's belief that this IRA has long since been rolled over into one of the other existing accounts; however, were we to discover that this IRA is actually in existence, it is intended that it will become husband's sole and exclusive property. 26. The parties acknowledge that there are 529 Plans in each of the children's names; namely, Joshua, Cayla, and Sophie. The parties agree that these accounts shall be used for college tuition and expenses for the children. Were there to be any remaining balance in any of the accounts after the youngest child graduates from college or attains the age of 23 and did not graduate from college, that balance shall be divided between the parties. 27. Husband shall make 36 monthly payments of $4,250.00 per month alimony to wife. The agreement to pay alimony shall be effective June 1, 2014, with the payment of alimony in the full amount to be due no later than June 15, 2014, and the 15th of each month thereafter. The parties agree that these alimony payments shall be non -modifiable and shall not terminate upon wife's co -habitation or remarriage. However, the alimony shall terminate absolutely after 36 payments or upon death of either party. Husband's shall secure a term -life insurance policy for any outstanding alimony amount. As of today's date, said 7 policy shall be for no less than $153,000.00. Husband may reduce the term of the policy by the amount of alimony already paid. Husband shall provide documentation of the policy to wife annually. 28. The parties hereby stipulate and agree that husband shall pay to wife child support in the amount of $4,000.00 per month for the support of the parties' two minor children effective beginning June 1, 2014. Husband shall make this child support payment no later than June 30, 2014, and the 30th of each subsequent month. The parties further agree that based upon the totality of the financial circumstances of the parties at the present time, and in light of the provisions for each of the parties in the agreement herein, this amount of child support shall be non -modifiable by either of the parties until June 30, 2015. After June 30, 2015, the support amount may be based upon the child support guidelines and the laws of Pennsylvania or subsequent agreement of the parties. Husband shall take the oldest child as an exemption on his tax return and wife agrees to execute the necessary documents to provide for this. Were the exemption to be of no tax benefit to the husband, the parties will cooperate for wife to claim the child as an exemption. 29. Except as provided herein, the parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other. The parties are responsible for payment of their own attorney fees, costs and expenses. 30. If either party breaches any provision of this agreement, the other party shall have the right at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under the agreement. 31. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that maybe reasonably required to give full force and effect to this agreement. The agreement shall be incorporated into a divorce decree but not merged therein. 32. The modification or waiver of any of the provisions of 8 this agreement shall be effective only if made in writing and executed with similar formality as the agreement. 33. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of same or similar nature. 34. 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 the agreement and in all other respects, this agreement shall be valid and continue in full force, effect, and operation. 35. The parties hereby agree that their agreement shall be construed pursuant to the laws of Pennsylvania. 36. Husband has agreed to carry health insurance on the three children through June 30, 2015. After June 30, 2015, health insurance will be addressed pursuant to the guidelines and laws of state of Pennsylvania or subsequent agreement by the parties. Regarding un -reimbursed medical expenses, the parties shall consult with one another before incurring such expense and reach an agreement on the issue. Neither party will unreasonably withhold their agreement for any necessary expense related to un -reimbursed medical expenses of the children. MS. SUMPLE-SULLIVAN: 37. This agreement may be executed in counterparts. Each counterpart shall be deemed to be an original, will be deemed effective upon the signature of each party, all of which together shall constitute one and the same agreement. THE MASTER: Mr. Wolfberg, you've been present during the statement of the agreement on the record? MR. WOLFBERG: Yes. THE MASTER: Do you understand the agreement as stated on the record? 9 MR. WOLFBERG: Yes. THE MASTER: Do you have any questions about the agreement as stated on the record? MR. WOLFBERG: 1 do not. THE MASTER: You understand that you're bound to the agreement when you leave this room today even though later you are going to sign the agreement affirming the settlement? MR. WOLFBERG: I do. THE MASTER: You are satisfied that this is a comprehensive settlement of all claims in this divorce action? MR. WOLFBERG: Yes. MS. SUMPLE-SULLIVAN: Amy, you've been in the hearing room this morning as we read the settlement into the record? MS. WOLFBERG: Yes. MS. SUMPLE-SULLIVAN: Was there any part of that settlement that you did not understand? MS. WOLFBERG: No. MS. SUMPLE-SULLIVAN: Do you accept the terms of that settlement as a full and final settlement of all issues under the divorce code? MS. WOLFBERG: Yes. THE MASTER: You understand that you are 10 bound by the agreement when you leave this room today? MS. WOLFBERG: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Cat -re A. Boy A or •r P1-, tiff a Sumple-Sullivan Attorney for Defendant 11 Douglas M. Wolfberg DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c) �, CZ, C c 'z7 vs. : NO. 09-7039 -0Z-� rnW rte- Ir= AMY WOLFBERG, : CIVIL ACTION - LAW cnr— , r -r Defendant, : IN DIVORCE 1-- � o F.- ,-,- c, -;'U PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was sent via U.S. Mail to Defendant's counsel, Barbara Sumple Sullivan, Esquire on or about October 19, 2009. An Acceptance of Service was filed on October 23, 2009. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff May 15, 2014; by the Defendant May 15, 2014. 4. , Related claims pending: No other claims pending. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(I) of the Divorce Code. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary; May 15, 2014. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary May 15, 2014. Respectfully submitted, /. �,L _ therine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DOUGLAS WOLFBERG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-7039 AMY WOLFBERG, : CIVIL ACTION - LAW Defendant, : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this ok day of , 2014 a copy of the forgoing Praecipe to Transmit Record was sent first-class mail, postage paid to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Respectfully submitted, Catherine A. Boyle, Esqui Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS WOLFBERG • v. • AMY WOLFBERG : NO. 09-7039 DIVORCE DECREE AND NOW, luty B ak 10'6,1'14 '.OI" it is ordered and decreed that DOUGLAS WOLFBERG , plaintiff, and AMY WOLFBERG , 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.") None. The Marital Settlement Agreement dated May 15, 2014, is hereby incorporated but not merged herein. By the Court, 11\i\k Attest: J. Prothonotary Cert coP m i e&4 eH-c3©yle N iee +tpq rnat Id `4-t) a+ j `rumple-�o1(ivan M�iteI ' 4 t Douglas M. Wolfberg ,n as 1. IN THE COURT OF COMMON PLEAS OF Plaintiff �T4L+€�Z�T'Ty= j CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND CVu ��l :�' VS. PENNSYLVANIA : CIVIL ACTION — LAW — IN DIVORCE Amy W. Wolfberg NO. 09-7039 Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA")'. The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502. 3. This QDRO applies to the Page, Wolfberg &Wirth 401(k) and Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Douglas M. Wolfberg ("Participant") is a participant in the Plan. Amy W. Wolfberg ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Douglas M. Wolfberg 1100 Tiverton Road Mechanicsburg, PA 17050 Social Security#: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Amy M. Wolfberg 1930 Monterey Drive Mechanicsburg, PA 17050 Social Security #: See Addendum Date of Birth: See Addendum The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's vested account balance payable to the Alternate Payee under this QDRO is $200,000.00 as of the date of distribution. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Plan to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Plan within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Plan to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Plan within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 2 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this �►$ day of v v S , BY THE COURT Judge CONSENT TO ORDER: JV Plaintiff/Participant Date a ant/Alternate Payee Date PXK gas / Attorney for Plaintiff/ Date Attorney for Defendant/ Date Participant Alternate Payee