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HomeMy WebLinkAbout10-1214b FFLE D Ji rf,l? P ?{ . , TaaY 2010 FEB 22 Pill 2: L;, 2 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgaaams@gmail.com ---------------------------------------------- DAPHNE I. WOLFKILL, Plaintiff vs. PATRICK J. WOLFKILL, Defendant L? .1?s. Qyi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 10 -1 )/ y Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 ? y 'P'35'-A. I JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esqadams@gmail.com ---------------------------------------------- DAPHNE I. WOLFKILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Civil Term PATRICK J. WOLFKILL, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Daphne I. Wolfkill, a competent adult individual, who resides at 142 South 30th St., Apt. 6, Camp Hill, Cumberland County, Pa. 17011. 2. Defendant is Patrick J. Wolfkill, a competent adult individual, who resides at 500 Deanhurst Ave., Camp Hill, Cumberland County, Pa., 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 4th, 1999 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together, namely, Harrison Wolfkill, born January 16, 2003. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Dap ne I. Wolfkill, Plai iff Respectfully submitted, ,,A Te Adams, Esquire I. No. 79465 West South St. tarlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF FIE r _ 2010 FEB 22 ? r 2: 4 J COOL- DAPHNE I. WOLFKILL, IN THE COURT OF COItLIQ1#15" Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. /U_/I Iq Civil Term PATRICK J. WOLFKILL, ACTION IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X prior to the entry of a Final Decree in divorce. OR_ _ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of FORD avowing her intention pursuant to the provisions of 54 P.S. §704. Date: - DA NE I. WOLFKILL, P Name DAP NE I. FORD, Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA "O' CUMBERLANP \S:k ?:ss LIN On this, theck) day of N76OtY 2010, before me, the undersigned officer, personally appeared DAPHNE I. WOLFKILUDA?JE I. FORD personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and o cial seal. NOTAMLL SEAL o ary Public JANE AOANIS NotKy PUNC My commission expires: CANt.W 8080.. CUWERLANO COUNTY My COMM-lon EIS Sip 6.201Y 6 // 4 ?a a y ILED v4 TL?r Inc F, ARY 1ANE ADAMS r ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadamsmx gmail.com ---------------------------------------------- DAPHNE I. WOLFKILL, Plaintiff vs. PATRICK J. WOLFKILL, Defendant 2010 MAR 10 D5 Clip +'Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1214 Civil Term ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Elizabeth S. Beckley, Esquire, represent Patrick J. Wolfkill in the above- captioned matter; I hereby accepted service of the Notice to Defend and Complaint in Divorce on the date listed below, which was filed by Plaintiffs Attorney under the above-captioned number and I hereby affirm I was authorized to do so. Date: J__Jjjd T.kzabpfh S. Bec1'Cle uW I.D. No.?a 212 N. 3Id St. Harrisbur9. Pa. 17108 (717) 233-7691 ATTORNEY FOR DEFENDANT JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadamsQgmail.com DAPHNE I. WOLFKILL, Plaintiff vs. PATRICK J. WOLFKILL, Defendant QP THE FILED-OFFICE ?!0 DEC 17 AN 10: G CUMBERLAND COUNTV PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - 1214 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 22, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date. DaphnW I. Ford, Plaintiff f/k/a Daphne I. Wolfkill WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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: 1 Daphne I'Ford, Plaintiff f/k/a Daphne I. Wolfkill DAPHNE I. WOLFKILL, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE PATRICK J. WOLFKILL,; "It Defendant :NO. 10-1214 --oz G; AFFIDAVIT OF CONSENT r-;r C:'® ra ? CD 1. A complaint in divorce under Section 3301(c) of the Divorce Oc& vas rn filed on February 22, 1010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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. Dated: 160Y116F P ric ??Xolfkilv DAPHNE I. WOLFKILL, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW e :IN DIVORCE rnw PATRICK J. WOLFKILL, Xrr1 rn rn--V: tnr"" _. Defendant :NO. 10-1214 qc> > MW r WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A R% DECREE UNDER SECTION 3301(C) OF THE DIVORCE CO] a 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. Dated: 1 Alld • r r F- IL k [}{-OFD' ICE f- T11 11F. P PROPERTY SETTLEMENT AGREEMENT i DEC 17 AM 10: 4 2 "UMBERLAMD COUN This is a Property Settlement Agreement entered into this b-A day o 2010, by and between PATRICK J. WOLFKILL, of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and a M p?, DAPHNE I. WOLFKILL, of N County; 21 Syvania (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 4, 1999, and; WHEREAS, one child has been conceived of this marriage: Harrison F. Wolfkill whose date of birth is January 16, 2003; and WHEREAS, unhappy differences have arisen between Husband and Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife are now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property rights, including any and all claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to 1 time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt or endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the other's peaceful existence, separate and apart from the other. 3. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledge that he or she is aware of his or her right to seek motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledge that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The respective parties do hereby warrant and represent that each has full and fairly disclosed to the other all of his or her assets and liabilities as of the date of separation and as of the date of execution of this agreement; that each are aware that the other is relying on the warranty and representation of the other; that each party is entering into this agreement on the basis of the warranty and representation of the other. Based upon said disclosures, the parties hereby acknowledge and agree that the division of the 2 marital assets as set forth in this Agreement is equitable, and is satisfactory to them. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Further, the non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 4. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 5. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and that he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by the party which incurred such debt, obligation or liability, unless except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever 3 with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. Husband agrees to be solely and separately responsible for all the Chase credit card debt which Wife created in Husband's name alone 7. BANK ACCOUNTS AND INSURANCE: Husband and Wife are owners of individual savings, checking and insurance at various institutions, and Husband hereby releases all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in and to all accounts in the name of Husband, and each party shall retain as his or her separate property each account currently titled to that party. Husband and Wife agree to sign, upon request and after execution of this Agreement, any titles or any other documents reasonably necessary to give effect to this Section. 8. RETIREMENT AND PENSION ACCOUNTS: Husband and Wife acknowledge that during the parties' marriage Husband acquired a pension account and a 401K account with Highmark, his current employer. Husband and Wife agree that Wife will receive $43,461.16 from Husband's 401k account. Said transfer shall be a tax free transfer between Husband and Wife. If it is necessary for the parties to have this transfer done via a Qualified Domestic Relations Order, Wife's counsel will be responsible for drafting and forwarding the same to Husband's employer. The remaining balance in Husband's 401k, after the above-mentioned transfer to Wife, shall remain Husband's sole 4 and separate property. Husband will also retain his pension with Highmark as his sole and separate property. 9. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Husband under this Postnuptial Agreement. 10. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Postnuptial Agreement. 11. MUTUAL INDEMNIFICATION: Each party represents that no debts, liabilities, or obligations have been incurred or contracted for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. 5 Each party hereto shall hereafter keep the other and his or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities contracted for or incurred by or on behalf of the indemnifying party, and against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 12. DIVISION OF REAL PROPERTY: Husband owns the marital residence, situated at 500 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania. Husband and Wife agree that Husband will remain the sole and exclusive owner of the marital residence. Wife agrees to transfer all right, title and interest in and to the real estate to the Husband upon Husband's request and agrees to execute all deeds, documents, or papers necessary to effect such transfer of title. Husband agrees to pay Wife the sum of $5,000.00 as her share of the equity in the marital residence and not as alimony. Said payment will be due to Wife on the Execution date of this agreement. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any items of personal property which are now in the possession or under the t control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. G,1fe •SV O O Mwok? kvtQ"?am-o 14. AUTOMOBILES: Husband and Wife agree that Husband shall be the sole and separate owner of the 1996 Ford Explorer. Husband will assume all responsibility for any outstanding debt balance on his respective vehicle, indemnifying 6 and holding the other harmless from any financial responsibility arising from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to effectuate the transfer of title to said automobile. 15. COUNSEL FEES: Husband and Wife agree that they are each solely and separately responsible for his/her own counsel fees without contribution from the other. 16. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to sue for specific performance, and to 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 this Agreement. 17. ADDITIONAL INSTRUMENTS: 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 may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: Husband has employed and had the benefit of counsel from Elizabeth S. Beckley, Esquire, as his attorney. Wife has employed and had the benefit of counsel from Jane Adams, Esquire, as her attorney. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and/or with 7 such knowledge as each party desires, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights-of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties, and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. This Agreement shall be binding upon the parties hereto, and there respective heirs, executors, administrators and assigns. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by both parties with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. SEVERABILITY: If any provision of this Agreement is held by a court 8 of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 22. INCORPORATION: In the event that the parties obtain a divorce, a divorce decree issued by a Court of competent jurisdiction may incorporate the terms of this Agreement, but such incorporation shall not operate as a merger of this Agreement into the divorce decree, and this Agreement shall continue in full force and effect independently of such divorce decree. 23. DATE OF EXECUTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals 9 WOLFKILL V. WOLFKILL EXHIBIT A - ADDENDUM TO THE PROPERTY SETTLEMENT AGREEMENT - LIST OF PERSONAL ITEMS TO BE RECEIVED BY DAPHNE WOLFKILL Longaberger Baskets Armoir Chest Dining room table, purchased with birthday money Dining room server, purchased with birthday money Antique dishes Equal share of pictures of the kids Art work framed of the kids school art Items left in Abby's bedroom Bike Abby's bike Personal items in the attic Personal kitchen items DAPHNE I. WOLFKILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c Z-1 V : CIVIL ACTION - LAW . IN DIVORCE z r? Jn- PATRICK J. WOLFKILL, ter" `~' ?' Defendant : NO. 10-1214 PRAECIPE TO TRANSMIT RECORD Cam..' o r? TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Defendant by his Attorney Elizabeth S. Beckley, Esquire, accepting service on March 2, 2010. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on December 8, 2010; by defendant on December 14, 2010. 4. Related claims pending: No economic claims have been raised. 5. (a) Date plaintiff's Waiver of Notice December 8, 2010, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice December 14, 2010, and it is being filed contemporaneously herewith. DATED: I?/?y?IGT of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Rec ully submitted li eth 4S.&e&?--- v rnefor Defendant o CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Jane Adams, Esquire Attorney At Law 17 West South Street Carlisle, PA 17013 DATED: I ;? -/T -/0 DAPHNE I. WOLFKILL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICK J. WOLFKILL : NO. 10-1214 DIVORCE DECREE AND NOW, it is ordered and decreed that DAPHNE I. WOLFKILL , plaintiff, and PATRICK J. WOLFKILL , 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 Property Settlement Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in Divorce. By the Court, Attest: J. c Pr thonotary hand -k4 /a?d?lio - ee r?. Copy &Lwid 4o atty Jane Adams I?oh'?e + 3ee.,f. -{o ifs ?ecklp-c/ + /e, cop as DAPHNE I. WOLFKILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1214 Civil Term PATRICK J. WOLFKILL, ACTION IN DIVORCE Defendant DOMESTIC RELATIONS ORDER It is the interest of the Court that the provisions of this Domestic Relations Order operate as an effective assignment for the Alternate Payee's interest in the Highmark Investment Plan as set forth below under both state and federal laws, for all purposes, and constitute a Qualified Domestic Relations Order in compliance with Section 414(p) of the Internal Revenue Code of 1986, as amended (Code) and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended (ERISA). A. Identification of the Parties: 1. Plan Participant. The Plan Participant is: Patrick J. Wolfkill 500 Deanhurst Avenue Camp Hill, PA 1701 Participant's social security number and date of birth shall be provided in a separate document to the Plan Administrator, to protect the parties' privacy. 2. Alternate Payee. The Alternate Payee is: Daphne I. Ford 20 Tower Road Dillsburg, PA 17019 Alternate Payee's social security number and date of birth shall be provided in a separate document to the Plan Administrator, to protect the parties' privacy. B. Name of Plan to which this Order Applies: This Domestic Relations Order shall apply to the Highmark Investment Plan (hereinafter "The Plan"). C. Plan Sponsor: The Plan Sponsor is Highmark, Inc. D. Plan Administrator: The Plan Administrator is i Mr. Rich Little Highmark, Inc.= _ 1800 Center St. P.O. Box 890089 Camp Hill, PA 17089 `' S I E. Award to Alternate Payee: 1. The Alternate Payee will obtain $43,461.16 of the value of the Participant's vested account balance under the Plan as of December 31, 2009. 2. The determined amount will not be credited or debited with any gains or losses attributable to such amount for the period from the date of determination to the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. 3. Any outstanding loan balances will not be considered as part of the Participant's vested account balance for purposes of determining the amount to be assigned to the Alternate Payee. Participant shall retain the responsibility for payment of any such outstanding loan balances. 4. The calculated award determined above shall be transferred to a separate account under the Plan in the name of the Alternate Payee as soon as administratively feasible. The income, accruals, gains, and losses experienced by such account maintained for the Alternate Payee are to accrue to such account. The Alternate Payee shall have investment management rights pursuant to the provisions of the Plan for her account under the Plan. The Alternate Payee may elect to receive distribution from her separate account in accordance with the terms of the Plan without reference to the Participant's attainment of "earliest retirement age," as defined in Section 414(p)(4)(B) of the Internal Revenue Code of 1986, as amended. If the assigned amount is $1,000 or less, Wells Fargo Bank, N.A. will forward a distribution form to the Alternate Payee as soon as administratively feasible after the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. If the assigned amount exceeds $1,000, it shall remain in the separate account in the Alternate Payee's name under the Plan until such time as the Alternate Payee elects a distribution in accordance with the terms of the Plan. In addition, the Alternate Payee may name a beneficiary or beneficiaries to receive any amount payable from her account under the Plan as a result of her death. 5. After assignment of the calculated award to the Alternate Payee's account under the Plan, the Participant shall be awarded all right, title, and interest in and to the Participant's account balance, as reduced above, under the Plan free and clear of any interest of the Alternate Payee. 6. In the event of the Participant's death, there will be no effect on the payment of the benefit assigned to the Alternate Payee hereunder. With respect to the Participant's account balance under the Plan not assigned to the Alternate Payee under this Order, the Alternate Payee will not be entitled to any survivor benefits. 7. In the event of Alternate Payee's death before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is no designated beneficiary, to the Alternate Payee's living children, provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected shall determine if any additional amounts shall be paid upon the Alternate Payee's death. F. Compliance with the Provisions of the Law: It is this Court's intention that the provisions of the Order operate as an effective assignment of said interest under both state and federal law, for all purposes, and constitute a "Qualified Domestic Relations Order," in compliance with Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended. This QDRO is granted in accordance with the Divorce Code of Pennsylvania, which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial action. In the event that it is subsequently determined by the Plan Administrator for the Plan, by a court of competent jurisdiction, or otherwise, that the provisions of this Order fail to meet the requirements of a "Qualified Domestic Relations Order," both parties shall cooperate fully and shall execute any and all documents necessary to obtain an Amended Judgment and Decree containing an Order of this Court, meeting all requirements of a "Qualified Domestic Relations Order," and this Court expressly reserves jurisdiction over the Participant's benefits in the above named Plan as of the date of entry of the Judgment and Decree, in order to effectuate the assignment of benefits ordered above. This Order supersedes all previously filed Orders in this matter relating to this subject. G. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (1) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (2) to increased benefits, other than through the accumulations of earnings; (3) to require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order which was previously deemed to be a QDRO. H. Plan Administration/Recovery of Excess Amounts: 1. The Alternate Payee is ordered to report any retirement payments received on any applicable income tax return. The Plan Trustee is authorized to issue a 1099-R on any direct payments made to the Alternate Payee. f 2. The Alternate Payee shall keep Highmark, Inc. informed of their current address. Notice of change of address shall be made in writing, witnessed by a Notary, and mailed to: Wells Fargo Bank, N.A Attn: QDRO Administrator 901 Marquette Avenue, Suite 500 Minneapolis, MN 55402 3. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such benefit payment and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 4. The Participant and the Alternate Payee shall hold the Plan, Highmark, Inc., and any fiduciary harmless from any liabilities which arise from this Domestic Relations Order, including all reasonable attorney's fees which may be incurred in connection with any claims which are asserted because the Plan honors this Order. 1. Copy. A certified copy of this Domestic Relations Order shall be served upon the Plan Administrator. STIPULATED: W' ess itne s SO ORDERED, THIS / DAY OF C Daphne I. Ford, Alternate Payee /,7f, P J. '111 -I Pa ipant 111aI,cZ'? 2011. By the Court: e? -??C4 J. cc: Elizabeth S. Beckley, Esquire lea ?Jane Adams, Esquire ?piGSl?a"l?`?"1 ((' p Kh