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HomeMy WebLinkAbout04-5488F:\FILES\DATAFILE\General\Cwrent\11120-1 count /tdc Created: 6/ 1 /04 11:13 AM Revised 10/29/04 0:43PM 11120.1 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES M. HOEFLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN A. CATANZARO HOEFLER, Defendant NO. 04 5-y?f CIVIL ACTION -LAW : 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. 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 at the Prothonotary's Office, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JAMES M. HOEFLER, Plaintiff V. SUSAN A. CATANZARO HOEFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 CIVIL ACTION -LAW : IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE I. Plaintiff is James M. Hoefler, who currently resides at 41 Conway Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Susan A. Catanzaro Hoefler, who currently resides at 1208 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 15, 1982, in New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO By Thomas J. Will s, Esquire I.D. Number 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 29, 2004 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if make knowingly false averments, I may be subject to criminal penalties. J s M. oefler C7 p Ri a < g 'C w crn t to JAMES M. HOEFLER, Plaintiff VS. SUSAN A. CATANZANO HOEFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5488 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE STIPULATION OF COUNSEL AND NOW, counsel for the parties, having read and reviewed the foregoing Order request that the Court execute the Order. Date: i Z 1 f l lc? t,? U U_ Thomas J. Williams, Esquire Attorney for Plaintiff MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: tf ??? ?/ i? (? •<?? -?" Brian C. Bornman Esquire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 rv? i?7 - ,? ? - - y l C'-i r.'. "v l .A-' .-4 ' r°? ?- ....., .., _;__r.? - f? ?'?'1 ?.,. C`i -_.,. ?. ? ? ? r ':7 .?; '? ?(< ,,. C :.i F: \FILES\DATAFILE\General\Current\ 11120.1. affidavit/tde Created 6/1/04 11:13AM Revised 11/16/04 1103AM 111201 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES M. HOEFLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN A. CATANZARO HOEFLER, Defendant NO. 04-5488 CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in Divorce; was mailed to Defendant Susan Catanzaro-Hoefler at 1208 Stratford Drive, Carlisle, PA 17013 on November 2, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Susan Catanzaro-Hoefler" and dated November 6, 2004. -??? ", Thomas J. Willir s, Esquire Sworn to and subs bed before me this/9y of Notary Public NOTARIAL SEAL VICTORIA L. OTTO NOTARY PUBLIC CARLISLE BORO CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. 2 2006 Postal o- a CERTIFIED MAIL T,,, RECEIPT r," CA"PIFACI A L Postage $ $0.37 cW?'"`? ' o Certified Fee $2.30 t O O (Endorsement RReequi ed $1.75 k r%.?t'Z r' ll r O r? Restricted Delivery Fee (Endorsement Required) $3. JJ;? r- M Total Postage & Fees $ $7.92 % 11/02/201. M p o Sent o h / -- -- -------- or PO Box No. No. -- - ---- City, State, Z! -- -- -------------- PS ?f ; »,+ ? ? C? ? T ,., ' _" ?.? :; - - =? 5.?? _. rj? , ' J ? ' ? ? .. _ JAMES M. HOEFLER, Plaintiff VS. SUSAN A. CATANZANO HOEFLER, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5488 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Susan A. Catanzano Hoefler, in the above captioned matter. Date: ?? ??. --? y C- • ?1-- - - Brian C. Bo", Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17(113 (717) 243-5551 (800) 347-5552 c? C= a .! -a i j { ~ rri F C7 r- m Pn N JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that Defendant in the above matter received a Complaint in Divorce filed on October 29, 2004, hereby intends to resume and hereafter use her previous name of SUSAN A. CATANZARO, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. 'S'usan A. Catanzaro-Hoefler Lsan A. Catanzaro SAIDIS, FLOWER & LIlVDSAY A?r,?.Araw 26 Wesr High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5488 CIVIL ACTION - LAW IN DIVORCE SS COUNTY OF CUMBERLgIVD / On this, the + k- day of February, 2006, before me, the undersigned officer personally appeared SUSAN A. CATANZARO, also known as SUSAN A. CATANZARO- HOEFLER 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 sp.Qrny hand and of sea(. pmk, f .- -) ti D t JAMES M. HOEFLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 04-5488 SUSAN A. CATANZARO HOEFLER : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Susan A. Catanzaro Hoefler, Plaintiff, moves the Court by and through her counsel, Marylou Matas, Esquire, to appoint a Master with respect to the following claims: (?) Divorce (?) Distribution of Property ( ) Annulment (?) Support (?l) Alimony (?) Counsel Fees (?) Alimony Pendente Lite (?) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Plaintiff has appeared in this action represented by counsel, Thomas J. Williams, Esquire. 3. The statutory grounds for divorce are 23 Pa.C.S.A. §3301(c) and 23 Pa.C.S.A. §3301(d). 4. Delete the inapplicable paragraphs: a. The aGtien is net ; b. An agreement has been reached with respect to the following: None. C. The action is contested with respect to the following claims: Distribution FLONVER ? LINDSAY e?•?•uw 26 West High Street Carlisle, PA of Property, Alimony, Alimony Pendente Lite, Support, Counsel Fees, Costs and Expenses 5. The action does involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: None Respectfully submitted, SAIDIS, FLOWER & LINDSAY /V Ma o tas, ire" Attorne I D 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated:/ / O Counsel for Defendant SAIDIS, FLOWER & LINDSAY s.,+TUw 26 West High Street Carlisle, PA r - JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5488 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached Motion for Appointment of Master have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 First Class Mail 08/09/2007 SA DIS, FLOWER & LINDSAY A FOECYS-AT LAW 26 West High Street Carlisle, PA Dated: Maryl u , Esquir Attorney 1=919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant C? O -77 SAIDIS, FLOWER & LINDSAY tis.Anuw 26 West High Street Carlisle, PA AUG 102007le-Y JAMES M. HOEFLER : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 04-5488 SUSAN A. CATANZARO HOEFLER : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this 0,(K following claims: (J) Divorce ( ) Annulment (4) Alimony (?) Alimony Pendente Lite Moving Party: N e: Susan A. Catanzaro Hoefler Attorney's Name: Marylou Matas, Esquire Attorney's Address:26 W. High Street Carlisle, PA 17013 Attorney's Telephone: (717) 243-6222 Attorney's Email: mmatas -sfl-law.com Party's Address and Telephone if Not represented by counsel: N/A cc: 41 fhomas J. Williams, Esq. Attomey for the Plaintiff Xrylou Matas, Esq. Attomey for the Defendant day of OA-I-r? , 2007, Esquire, is appointed master with respect to the (?) Distribution of Property (?) Support (?) Counsel Fees (?) Costs and Expenses BY T U ,. G m*n4 J. Non Moving Party: Narr : James M. Hoefler p ornev's Name:Thomas J. Williams, Esquire Attorney's Address: 10 East High Street Carlisle, PA 17013 Attorney's Telephone: (717) 243-3341 Attorney's Email: tilliams@martsonlaw.com Party's Address and Telephone if Not represented by counsel: N/A CTN r Yom. ?J ';> JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 04-5488 : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO PLEAD TO: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed Petition for Economic Relief within twenty (20) days from service hereof, or a default judgment may be entered against you. SAIDIS, FLOWER & LINDSAY SAMIS, FLOWER SL UNDSAY 26 West High Street Carlisle, PA Dated: _7?!J Ma atsquire Attom D8491.491 9 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Defendant JAMES M. HOEFLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. :NO. 04-5488 SUSAN A. CATANZARO HOEFLER : CIVIL ACTION - LAW Defendant : IN DIVORCE AND NOW, comes the Plaintiff, Susan A. Catanzaro-Hoefler, by and through her counsel, Marylou Matas, Esquire and the Law Firm of Saidis, Flower & Lindsay and Petitions this honorable court as follows: 1. The Petitioner is Susan A. Catanzaro-Hoefler, the Defendant in the above-captioned divorce matter. 2. The Respondent is James M. Hoefler, the Plaintiff in the above-captioned divorce matter. 3. The parties hereto are Husband and Wife, having been married on August 15, 1981. 4. The parties separated on or about June 4, 2004. 5. Respondent filed a Complaint in Divorce on October 29, 2004. FLONVERR & LINDSAY 26 West High Street Carlisle, PA COUNT I EQUITABLE DISTRIBUTION 6. The averments in paragraphs 1 through 5 are incorporated hereto as if fully set forth herein. 7. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Defendant requests this Court to equitably divide the marital property. COUNT II SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. Defendant is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Defendant requests an award of Support, Alimony and Alimony Pendente Lite. COUNT III INDIGNITIES 10. The averments in paragraphs 1 through 9 are incorporated hereto as if F ,& LZ*WHAY 26 west High Street Carlisle, PA fully set forth herein. 11. Defendant is the innocent and injured party, and Plaintiff has offered such indignities to the person of the Defendant so as to make her life burdensome her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Defendant requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT IV ATTORNEY'S FEES AND COSTS 12. The averments in paragraphs 1 through 11 are incorporated hereto as if fully set forth herein. 13. Defendant is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Defendant requests an award of counsel's fees and expenses. Respectfully submitted, SAIDIS, FLOWER & LINDSAY 4aw?".'-4 W", Watas, squire Attom D: 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Defendant Fi-OM?ERR & LE4DSAY MINIVEMM 26 West High Street Carlisle, PA I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: F40OW aA5ct? - &i? Susan A. Catanzaro Hoeft r Plaintiff SAMIS FIJOMT ,& LZOSAY ArIGIMMMWNRM 26 West High Street Carlisle, PA r-? C" f ? n C ~ M., ? 'w f\ ? ? o I? ? ?}? x. ? ?` ...y-.' ~? V y? n .: r" '? ?''`? ?=? r b ? ?? c,, ..... .?.., -.. ? 5?.. ?.`' JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA :NO. 04-5488 : CIVIL ACTION - LAW : IN DIVORCE PETITION TO SCHEDULE ALIMONY PENDENTE LITE CONFERENCE 1. Petitioner is Susan A. Catanzaro Hoefler, Defendant in the above captioned divorce matter. 2. Respondent is James M. Hoefler, Plaintiff in the above captioned divorce matter. 3. Respondent filed a Complaint in divorce on October 29, 2004. 4. Petitioner filed a Petition for Economic Relief on September 6, 2007, raising claims for Equitable Distribution, Support, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, and Indignities. 5. Petitioner does not have sufficient income or other means by which to support herself or the make payment for the marital expenses. 6. Respondent has the income and means by which to contribute to Petitioner's expenses. 7. Petitioner requests a conference be scheduled at the Domestic Relations Office to address her claim for alimony pendente lite. WHEREFORE, Petitioner requests your Honorable Court to forward this matter to SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Domestic Relations for the scheduling of a conference. Respectfully submitted, da-?? Ora Ma o atas, ulre 26 W. gh Street Carlisle, PA 17013 717-243-6222 Attorney for Petitioner JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA :NO. 04-5488 CIVIL ACTION - LAW IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS FLOWER & IINDSM 26 West High Street Carlisle, PA PETITIONER NAME Susan A. Catanzaro Hoefler ADDRESS 1208 Stratford Drive Carlisle, PA 17013 BIRTH DATE July 12, 1955 SOCIAL SECURITY NUMBER HOME PHONE 717-245-2271 WORK PHONE EMPLOYER NAME West Perry School District EMPLOYER ADDRESS JOB TITLE/POSITION Teacher DATE EMPLOYMENT COMMENCED GROSS PAY $1752.03 gross biweekly NET PAY OTHER INCOME ATTORNEY'S NAME Marylou Matas, Esquire ATTORNEY'S ADDRESS 26 West High Street Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 243-6222 ??WERR & LINDSAY 26 West High Street Carlisle, PA i RESPONDENT NAME James M. Hoefler ADDRESS 141 West Pomfret Street Carlisle, PA 17013 BIRTH DATE 8/7/1955 SOCIAL SECURITY NUMBER 125-46-0766 HOME PHONE 385-4836 EMPLOYER NAME Dickinson College Dept. of Political Science EMPLOYER ADDRESS P.O. Box 1773 Carlisle, PA 17013 JOB TITLE/POSITION Professor DATE EMPLOYMENT COMMENCED July 1, 1989 GROSS PAY Approximately $85,000 gross per year NET PAY OTHER INCOME Royalties, lecture fees, teaching abroad, directing Washington Center in DC for Dickinson Colle e ATTORNEY'S NAME Thomas J. Williams Es . ATTORNEY'S ADDRESS 10 E. High Street, Carlisle PA ATTORNEY'S PHONE NUMBER 243-3341 MARRIAGE INFORMATION DATE OF MARRIAGE August 15, 1981 PLACE OF MARRIAGE Elmont, New York DATE OF SEPARATION June 4, 2004 ADDRESS OF LAST MARITAL HOME 1208 Stratford Drive Carlisle, PA 17013 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition for Economic Relief DATE APL FILED 9/6/07 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: V t vt?ap Susan A. Catanzaro er, P intiff FLOWER & LINDSAY 26 West High Street Carlisle, PA .? W + JAMES M. HOEFLER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-5488 CIVIL TERM SUSAN A. CATANZARO-HOEFLER: IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 546109612 ORDER OF COURT AND NOW, this 15th day of November, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear beforeR. J. Shadday on November 27, 2007 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 IC (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you if you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marylou Matas, Esq. Date of Order: November 15, f -21 4 1?-4 . Sh day, nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ? C? t:p V$ Ice- -cr- JAMES M. HOEFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE SUSAN A. CATANZARO-HOEFLER,: Defendant/Petitioner NO. 04-5488 CIVIL TERM IN DIVORCE PACSES Case No: 546109612 ORDER OF COURT AND NOW to wit, this 27th day of November 2007, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the parties coming to a comprehensive settlement and the Petitioner withdrawing her request for APL.. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: 2w, Edgar B. Bayley, DRO: R.J. Shadday xc: Petitioner Respondent Marylou Matas, Esq. Thomas J. Williams, Esq. Form OE-001 Service Type: M Worker: 21005 O C? ..._., o?rz ? ;, ,? s-- . _, ?-.: ? ? ?? ,?;;: ? i.: _ ?. - 4,_ ? s r ?- c _ _ „?-. ? ? -? JAMES M. HOEFLER Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. : PENNSYLVANIA :NO. 04-5488 SUSAN A. CATANZARO HOEFLER Defendant : CIVIL ACTION _ LAW IN DIVORCE WER ? SAY I High Street -lisle, PA Date: /2 7 D PLAINTIFF'S AFFIDAVIT OF CONSENT 1 • A Complaint in Divorce under § 3301(c) of the ' 2004. Divorce Code was filed October 28, 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 in Divorce after service of notice of inte to request entry of the Decree. noon I verify that the statements made in this Affidavit are t knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsificatio o auth 'ties. Date: --L(_ 2 70 r PLAINTIFF'S WgIVER OF NOTICE OF INTENTION M' Hoefle DECREE UNDER 3301 c OFTHE DIVORCE ENTRY OF A DIVORCE CODE 1 I consent to the entry of a final Decree of Divorce without notice. 2• I understand that I may lose rights concernin fees or ex g alimony, division of property, lawyer's penses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce 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 knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsif ation to Jsuthonties. M. Hoefler i CIO JAMES M. HOEFLER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, V. : PENNSYLVANIA :NO. 04-5488 SUSAN A. CATANZARO HOEFLER Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1 • A Complaint in Divorce under § 3301(c) 2004. of the Divorce Code was filed October 28, 2• The marriage of plaintiff and defendant is irretrievably elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true knowledge, information and belief. I understand that fats and correct to the best of my e statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: L27. 0?. ?l Susan A DEFENDANT'S WAIVER OF NOTICE A. Catanzaro OF INTENTION TO RE UEST 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, 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 ,, IDR P and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. NDSAY I verify that the statements made in this Affid uW avit are true and correct to the arl High Street knowledge, information and belief. I understand best of my aisle, PA that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: < < 22--'77 (> ? t^ lusann A. Catanzaro is ? --?, ?1 ?_._ c? ??? _.d °`r' ,, ?'? ? ?, ??} ? ?'-F - C? ,. °°?.'} M : _ - - r.?= ??{Z 3 ? ? - i?<?e1i ?_,? JAMES M. HOEFLER, Plaintiff VS. SUSAN A. CATANZARO HOEFLER,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5488 CIVIL IN DIVORCE ORDER OF COURT 4 AND NOW, this p7/ day of , 2007, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated November 27, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, W'alt/? i Edgar B. Bayley, P.J. cc: Thomas J. Williams Attorney for Plaintiff Marylou Matas Attorney for Defendant 12of i ts irc?it i &cc /alai/a7 ?jq - C-) r-"> C- _TJ ?!- z y C m c) m p i'P} f r - Un SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this Z I t' day of kj y "y jj c" , 2007, by and between JAMES M. HOEFLER, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband', AND SUSAN A. CATANZARO, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 15, 1981, in New York, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Marylou Matas, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Thomas J. Williams, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) At the time of separation, Wife retained sole and exclusive possession of the parties' Dodge caravan. Husband shall make no claim to access to or use of this vehicle and waives any interest he has or may have in this vehicle. b.) At the time of separation, Husband retained sole and exclusive possession of the parties' 1991 Ford Explorer. Wife shall make no claim to access to or use of this vehicle and waives any interest she has or may have in this vehicle. c.) In the event it is discovered that any of the above listed vehicles are titled in joint names, the parties shall sign whatever documents necessary to transfer the vehicles to the parties' respective names individually within fifteen (15) days of execution of this Agreement. 8. Real Estate: The parties are joint owners of real property located at 1208 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a mortgage, requiring approximate monthly payments of $1,800.00. From the date of execution of this Agreement forward, Wife shall maintain sole and exclusive responsibility for the repayment of the aforesaid mortgage and indemnify Husband and hold Husband harmless from any demand for payment or collection activity whatsoever. Wife shall retain sole and exclusive ownership and possession of the property. Wife shall maintain sole and exclusive responsibility for the payment of the taxes, insurance and all maintenance at that property from the date of execution of this Agreement forward. Husband waives any interest he has or may have in this real estate. Wife shall remove Husband's name from the mortgage named above within 180 days of execution of this Agreement or otherwise release him from liability on the mortgage, by satisfying the mortgage in full, through a refinance, release or through sale of the property. Husband shall sign documents necessary to cooperate with refinancing or release, only so that his name can be removed from the aforesaid mortgage and not so that he can be included on a new mortgage or home equity loan. In the event that Wife has not obtained new financing to have the mortgage financed to her name individually within 180 days of execution of this Agreement, Wife shall continue to make all payments on the mortgage on a timely basis as they are due and owing. In the event that Wife is denied refinancing, Wife shall file a new application for refinancing every six months thereafter until she is approved or until she otherwise removes Husband's name from said mortgage. Husband shall execute a deed for the property at the time of execution of this Agreement and the deed shall be held in escrow by Husband's attorney until said refinancing or other satisfaction of the mortgage is effected. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. If it is discovered that any joint accounts exist as of the date of execution of this Agreement, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. The parties waive and transfer any interest they have in the other's individual accounts, checking or savings that may have been established during the marriage. 10. Pension Interests: Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's pension or retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife has a PSERS pension account through her employment with the school district. Husband specifically waives any interest he has in that account. Husband has a TIAA CREFF account earned through his employment with the college, with an approximate date of separation balance of $147,000. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in this or any other accounts that Husband may have in his individual name or may have secured through his present or prior employment with Dickinson College. Husband and Wife maintain that neither of them have established, maintained or have an interest in any pension or retirement account through present or prior employment that may have been earned during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 11. Investment Accounts: Each party waives any and all ri ght, title or interest they have or may have in the other's investment accounts, stocks, bonds, mutual funds and the like, that are not previously identified as bank accounts or pension interests. Each party has an interest in an individual T.Rowe Price account, with Wife's account having an approximate date of separation balance of approximately $22,900, and Husband's account having an approximate date of separation balance of approximately $53,600. Husband shall transfer THIRTY-FIVE THOUSAND ($35,000.00) AND 00/100 DOLLARS from his T.Rowe Price account to an account in Wife's name individually. If it is necessary to transfer these funds pursuant to a Qualified Domestic Relations Order, the parties shall do so and the Order shall be prepared at Wife's expense. Husband shall not take any action to reduce the value of his account below Wife's marital share or otherwise limit Wife's interest in this account. Wife has an interest in an individual Janus account, with an approximate date of separation balance of $7,409. Husband specifically waives any interest he has in Wife's Janus account. Husband has an interest in an individual NBT account, with an approximate date of separation balance of approximately $7,778. Wife specifically waives any interest she has in Husband's NBT account. Each party has an interest in an individual Lincoln Financial IRA account, with Wife's account having an approximate date of separation balance of approximately $14,730.00, and Husband's account having an approximate date of separation balance of approximately $9,633. Wife specifically waives any interest she has in Husband's Lincoln Financial IRA account and Husband specifically waives any interest he has in Wife's Lincoln Financial IRA account. Each. party has an interest in an individual Alliance Bernstein IRA account, with Wife's account having an approximate date of separation balance of approximately $816.00, and Husband's account having an approximate date of separation balance of approximately $816.00. Wife specifically waives any interest she has in Husband's Alliance Bernstein IRA account and Husband specifically waives any interest he has in Wife's Alliance Bernstein IRA account. Husband and Wife maintain that neither of them have established, maintained or have an interest in any other investment account during the marriage or that may have earned interest during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 12. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on June 4, 2004 the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Husband and Wife do not believe there exists any obligations in their naives jointly. Husband agrees to maintain responsibility for any debts that are listed in his name individually. Wife agrees to maintain responsibility for any debts that are listed in her name individually. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Life Insurance: Husband shall maintain a life insurance policy on himself as the insured, under a term life insurance policy which Husband shall establish in the amount of no less than the amount due under the alimony obligation at any time. Husband shall designate his estate as the beneficiary of said policy. Said policy shall continue in this form until December 31, 2018 or until Wife's remarriage or death, as per the terms outlined in Paragraph 15 of this Agreement. Husband shall be required to provide to Wife by January 30`" of each year proof of said coverage and beneficiary designation. Husband shall not be permitted to borrow against this policy, or otherwise take action to limit the benefits received by Wife. Husband shall execute a will providing for the payment of the obligation of alimony as set forth herein upon his death from the life insurance benefits that are paid to his estate. Husband shall maintain in his will a provision to effect that any unpaid alimony shall be promptly paid as a priority debt of the estate before any other bequests or debts. Except with regard to the life insurance policy provided for above, each. party agrees that the other party shall have sole ownership and possession of any other life insurance policies owned by the other. Except with regard to the life insurance policy that Husband shall maintain for the purpose of providing coverage for Wife's alimony payment provided for in paragraph 15 herein, each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 15. Spousal Support Alimony Alimon}, Pendente Lite and Spousal Maintenance: a.) Husband shall pay to Wife, as alimony, the sum of $1,000 per month, beginning with the month this Agreement is executed for one hundred twenty-two consecutive months. All payments from Husband to Wife shall be paid on the first day of the month. Husband shall have the option of making these payments by electronic transfer, if that is possible without accessing Wife's account information. These payments are non- modifiable. Husband's obligation to pay under this paragraph will end and he will be released from the obligation of payment upon the Wife's death or remarriage, or upon the one hundred twenty-second payment of alimony, whichever occurs first. Wife's estate, successors or heirs shall have no right to payments scheduled to be made subsequent to the Wife's death or Husband's death. b.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. c.) Payments of alimony shall be made by Husband directly to Wife, unless there is a default of ten days, at which time request for payment shall be submitted to Domestic Relations for attachment of Husband's wages therefore. i ?Xk3Lt= d.) It is understood that these payments will be payab! as4ftsei*e to Wife and tax deductible to Husband. 16. Medical Insurance: From the date of execution of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Wife shall maintain coverage for Husband's health insurance and shall maintain that coverage until the time a final decree in divorce is entered. Upon entry of the decree in divorce, Husband shall elect his own health, medical and dental insurance, either under the applicable provisions of COBRA, with Husband's group health insurance or another comparable plan. Husband shall be responsible for payment of premiums for the plan. Wife shall provide medical insurance coverage for the parties' two children, for so long as either one of them is eligible to be covered by the family plan under Wife's medical insurance policy. Husband shall make a monthly payment to Wife for one-half the cost of the difference between the single coverage and the family plan coverage. This shall be paid by the fifth day of each month. Wife shall provide the coverage cost information to Husband one time annually, unless there is a change in policy which requires an update. At the time of execution of this Agreement, the monthly cost that Husband shall pay to Wife is $30.33. The parties shall also share equally any unreimbursed medical expenses that are incurred for their two children, for so long as either child is covered by Wife's medical insurance. Wife shall provide the unreimbursed medical expense charges to Husband no less than four times per year for each child. Husband shall reimburse Wife within 45 days of receiving the statements from Wife. 17. Mutual Releases: Except as provided for in the second paragraph of this paragraph 17, Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Notwithstanding the foregoing, the alimony payments referred to in paragraph 15 herein shall be an obligation of Husband's estate. 18. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 19. Legal Fees: In the review and preparation of this Agreement each party incurred his or her own legal fees and shall be responsible for them separately. 20. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 21. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. s 22. Summa? v of Effect of A.areemen.t: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 23. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 24. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 32. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. GoverninLaw: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: t' Date SUSAN A. CATANZ ?? ,d r?'s't Al l1 107 Date COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2007, before me, the undersigned officer, personally appeared, JAMES M. HOEFLER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2007, before me, the undersigned officer, personally appeared SUSAN A. CATANZARO, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA :NO. 04-5488 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD FLOWER & LENOSAY 26 West High Street Carlisle, PA To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on November 6, 2004, via certified mail. Proof of service was filed with the Court on November 19, 2004. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: November 30, 2007 By Defendant: November 30, 2007 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated November 27, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: November 30, 2007 By Defendant: November 30, 2007 W"i - ---Z' Maryro atas, Es'q'uire SAIDIS, OWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: December 18, 2007 ? r-.a ? -T'I rri r_r .?. c? ?? ? o-- `?" ` < ?.3 ?L.. +?? :?? ? p ? m ---• sSr SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this Z.7 ?` day of NCW 6C L e,? , 2007, by and between JAMES M. HOEFLER, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband', AND SUSAN A. CATANZARO, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 15, 1981, in New York, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Marylou Matas, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Thomas J. Williams, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all. of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) At the time of separation, Wife retained sole and exclusive possession of the parties' Dodge caravan. Husband shall make no claim to access to or use of this vehicle and waives any interest he has or may have in this vehicle. b.) At the time of separation, Husband retained sole and exclusive possession of the parties' 1991 Ford Explorer. Wife shall make no claim to access to or use of this vehicle and waives any interest she has or may have in this vehicle. c.) In the event it is discovered that any of the above listed vehicles are titled in joint names, the parties shall sign whatever documents necessary to transfer the vehicles to the parties' respective names individually within fifteen (15) days of execution of this Agreement. 8. Real Estate: The parties are joint owners of real property located at 1208 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a mortgage, requiring approximate monthly payments of $1,800.00. From the date of execution of this Agreement forward, Wife shall maintain sole and exclusive responsibility for the repayment of the aforesaid mortgage and indemnify Husband and hold Husband harmless from any demand for payment or collection activity whatsoever. Wife shall retain sole and exclusive ownership and possession of the property. Wife shall maintain sole and exclusive responsibility for the payment of the taxes, insurance and all maintenance at that property from the date of execution of this Agreement forward. Husband waives any interest he has or may have in this real estate. Wife shall remove Husband's name from the mortgage named above within 180 days of execution of this Agreement or otherwise release him from liability on the mortgage, by satisfying the mortgage in full, through a refinance, release or through sale of the property. Husband shall sign documents necessary to cooperate with refinancing or release, only so that his name can be removed from the aforesaid mortgage and not so that he can be included on a new mortgage or home equity loan. In the event that Wife has not obtained new financing to have the mortgage financed to her name individually within 180 days of execution of this Agreement, Wife shall continue to make all payments on the mortgage on a timely basis as they are due and owing. In the event that Wife is denied refinancing, Wife shall file a new application for refinancing every six months thereafter until she is approved or until she otherwise removes Husband's name from said mortgage. Husband shall execute a deed for the property at the time of execution of this Agreement and the deed shall be held in escrow by Husband's attorney until said refinancing or other satisfaction of the mortgage is effected. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. If it is discovered that any joint accounts exist as of the date of execution of this Agreement, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. The parties waive and transfer any interest they have in the other's individual accounts, checking or savings that may have been established during the marriage. 10. Pension Interests: Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's pension or retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife has a PSERS pension account through her employment with the school district. Husband specifically waives any interest he has in that account. Husband has a TIAA CREFF account earned through his employment with the college, with an approximate date of separation balance of $147,000. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in this or any other accounts that Husband may have in his individual name or may have secured through his present or prior employment with Dickinson College. Husband and Wife maintain that neither of them have established, maintained or have an interest in any pension or retirement account through present or prior employment that may have been earned during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 11. Investment Accounts: Each party waives any and all right, title or interest they have or may have in the other's investment accounts, stocks, bonds, mutual funds and the like, that are not previously identified as bank accounts or pension interests. Each party has an interest in an individual T.Rowe Price account, with Wife's account having an approximate date of separation balance of approximately $22,900, and Husband's account having an approximate date of separation balance of approximately $53,600. Husband shall transfer THIRTY-FIVE THOUSAND ($35,000.00) AND 00/100 DOLLARS from his T.Rowe Price account to an account in Wife's name individually. If it is necessary to transfer these funds pursuant to a Qualified Domestic Relations Order, the parties shall do so and the Order shall be prepared at Wife's expense. Husband shall not take any action to reduce the value of his account below Wife's marital share or otherwise limit Wife's interest in this account. Wife has an interest in an individual Janus account, with an approximate date of separation balance of $7,409. Husband specifically waives any interest he has in Wife's Janus account. Husband has an interest in an individual NBT account, with an approximate date of separation balance of approximately $7,778. Wife specifically waives any interest she has in Husband's NBT account. Each party has an interest in an individual Lincoln Financial IRA account, with Wife's account having an approximate date of separation balance of approximately $14,730.00, and Husband's account having an approximate date of separation balance of approximately $9,633. Wife specifically waives any interest she has in Husband's Lincoln Financial IRA account and Husband specifically waives any interest he has in Wife's Lincoln Financial IRA account. Each party has an interest in an individual Alliance Bernstein IRA account, with Wife's account having an approximate date of separation balance of approximately $816.00, and Husband's account having an approximate date of separation balance of approximately $816.00. Wife specifically waives any interest she has in Husband's Alliance Bernstein IRA account and Husband specifically waives any interest he has in Wife's Alliance Bernstein IRA account. Husband and Wife maintain that neither of them have established, maintained or have an interest in any other investment account during the marriage or that may have earned interest during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 12. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on June 4, 2004 the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Husband and Wife do not believe there exists any obligations in their names jointly. Husband agrees to maintain responsibility for any debts that are listed in his name individually. Wife agrees to maintain responsibility for any debts that are listed in her name individually. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Life Insurance: Husband shall maintain a life insurance policy on himself as the insured, under a term life insurance policy which Husband shall establish in the amount of no less than the amount due under the alimony obligation at any time. Husband shall designate his estate as the beneficiary of said policy. Said policy shall continue in this form until December 31, 2018 or until Wife's remarriage or death, as per the terms outlined in Paragraph 15 of this Agreement. Husband shall be required to provide to Wife by January 30th of each year proof of said coverage and beneficiary designation. Husband shall not be permitted to borrow against this policy, or otherwise take action to limit the benefits received by Wife. Husband shall execute a will providing for the payment of the obligation of alimony as set forth herein upon his death from the life insurance benefits that are paid to his estate. Husband shall maintain in his will a provision to effect that any unpaid alimony shall be promptly paid as a priority debt of the estate before any other bequests or debts. Except with regard to the life insurance policy provided for above, each party agrees that the other party shall have sole ownership and possession of any other life insurance policies owned by the other. Except with regard to the life insurance policy that Husband shall maintain for the purpose of providing coverage for Wife's alimony payment provided for in paragraph 15 herein, each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 15. Spousal Support. Alimony Alimony Pendente bte and Spousal Maintenance: a.) Husband shall pay to Wife, as alimony, the sum of $1,000 per month, beginning with the month this Agreement is executed for one hundred twenty-two consecutive months. All payments from Husband to Wife shall be paid on the first day of the month. Husband shall have the option of making these payments by electronic transfer, if that is possible without accessing Wife's account information. These payments are non- modifiable. Husband's obligation to pay under this paragraph will end and he will be released from the obligation of payment upon the Wife's death or remarriage, or upon the one hundred twenty-second payment of alimony, whichever occurs first. Wife's estate, successors or heirs shall have no right to payments scheduled to be made subsequent to the Wife's death or Husband's death. b.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. c.) Payments of alimony shall be made by Husband directly to Wife, unless there is a default of ten days, at which time request for payment shall be submitted to Domestic Relations for attachment of Husband's wages therefore. 1 ?X P 3V .E d.) It is understood that these payments will be payab!e as-ffsefe to Wife and tax deductible to Husband. 16. Medical Insurance: From the date of execution of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Wife shall maintain coverage for Husband's health insurance and shall maintain that coverage until the time a final decree in divorce is entered. Upon entry of the decree in divorce, Husband shall elect his own health, medical and dental insurance, either under the applicable provisions of COBRA, with Husband's group health insurance or another comparable plan. Husband shall be responsible for payment of premiums for the plan. Wife shall provide medical insurance coverage for the parties' two children, for so long as either one of them is eligible to be covered by the family plan under Wife's medical insurance policy. Husband shall make a monthly payment to Wife for one-half the cost of the difference between the single coverage and the family plan coverage. This shall be paid by the fifth day of each month. Wife shall provide the coverage cost information to Husband one time annually, unless there is a change in policy which requires an update. At the time of execution of this Agreement, the monthly cost that Husband shall pay to Wife is $30.33. The parties shall also share equally any unreimbursed medical expenses that are incurred for their two children, for so long as either child is covered by Wife's medical insurance. Wife shall provide the unreimbursed medical expense charges to Husband no less than four times per year for each child. Husband shall reimburse Wife within 45 days of receiving the statements from Wife. 17. Mutual Releases: Except as provided for in the second paragraph of this paragraph 17, Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Notwithstanding the foregoing, the alimony payments referred to in paragraph 15 herein shall be an obligation of Husband's estate. 18. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 19. Legal Fees: In the review and preparation of this Agreement each party incurred his or her own legal fees and shall be responsible for them separately. 20. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 21. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 22. Summary of feet of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 23. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 24. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 32. Agreement BindiLig on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: Jt, Lk 1 Date SUSAN A. CATANZARO s e 1 -1,4, 0 J'. A, 4 V ? 0". e, 11 a? a7 V Date COMMONWEALTH OF PENNSYLVANIA : COUNTY OF On this day of , 2007, before me, the undersigned officer, personally appeared, JAMES M. HOEFLER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2007, before me, the undersigned officer, personally appeared SUSAN A. CATANZARO, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public d r y { rn ? W `?C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES M. HOEFLER 04-5488 No. VERSUS SUSAN A. CATANZARO-HOEFLER DECREE IN DIVORCE AND NOW, ) 2,`D 01 IT IS ORDERED AND JAMES M. HOEFLER DECREED THAT AND SUSAN A. CATANZARO-HOEFLER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR (16H A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated November 27, 2007 are incorporated, but not merged, into this Decree in Divorce. BY THEXOURT ATTEST: J. PROTHONOTARY i 1 JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 04-5488 CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER SOCIAL SECURITY COVER SHEET For the preservation of privacy, it is the practice of this office not to disclose Social Security Numbers in public court documents whenever possible, particularly where court documents are more commonly becoming available to access on-line. Federal law has been enacted to address some of these concerns, but State law has not yet brought historical practice into accordance with recent financial and health information privacy laws. Typically, Qualified Domestic Relations Orders require the inclusion of Social Security Numbers in order to properly identify the Participants and Alternate Payees in a particular Plan. This Qualified Domestic Relations Order will be circulated only among the parties and the Plan Administrator, unless requested by the Court or otherwise directed by the parties or the Plan Administrator. Therefore, I request that the Qualified Domestic Relations Order attached hereto be signed as an Order but not docketed for public viewing by the Prothonotary. SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Respectfully submitted: rP a Ma yl Matas, squire (Attorney for Alternate Payee) Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 JAMES M. HOEFLER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN A. CATANZARO HOEFLER, DEFENDANT 04-5488 CIVIL TERM ORDER OF COURT AND NOW, this W day of June, 2008, the attached QDRO is sealed. By the Marylou Matas, Esquire Edgar Bayley, J. y `Thomas J. Williams, Esquire sal ?-?o I £S /Y '.l LCL P ?=ryl Cl - ? ° V , IMAY 2 1 200le JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA :NO. 04-5488 : CIVIL ACTION - LAW : IN DIVORCE (.QUALIFIED DOMESTIC RELATIONS ORDER SOCIAL SECURITY COVER SHEET For the preservation of privacy, it is the practice of this office not to disclose Social Security Numbers in public court documents whenever possible, particularly where court documents are more commonly becoming available to access on-line. Federal law has been enacted to address some of these concerns, but State law has not yet brought historical practice into accordance with recent financial and health information privacy laws. Typically, Qualified Domestic Relations Orders require the inclusion of Social Security Numbers in order to properly identify the Participants and Alternate Payees in a particular Plan. This Qualified Domestic Relations Order will be circulated only among the parties and the Plan Administrator, unless requested by the Court or otherwise directed by the parties or the Plan Administrator. Therefore, I request that the Qualified Domestic Relations Order attached hereto SAMIS, FLOWER & LINDSAY a 26 West High Street Carlisle, PA be signed as an Order but not docketed for public viewing by the Prothonotary. Respectfully submitted: Y a,?? ??_Va,44 Ma I Matas, squire (Attorney for Alternate Payee) Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 ^C) J 1 cx+ 'T3 n;r;". ~` -nm • r- CD ?5 0 JAMES M. HOEFLER Plaintiff V. SUSAN A. CATANZARO HOEFLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA :NO. 04-5488 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on June 23, 2008 she served a true and correct copy of QDRO upon T.Rowe Price, my mailing those documents to the company's address at P.O. Box 17303, Baltimore, MD 21297-1320, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, T.Rowe Price. Respectfully submitted, SAIDIS, FLOWER & LINDSAY IS FLOWER'& LINDSAY 26 West High Street Carlisle, PA Mary o atas, Esquire ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 717165 Counsel for Defendant Ln cn ¦ Compists items 1, 2, and 3. Also complete kern 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you.. ¦ Attach this card to the back of the mailpiec % or on the front if specs permits. 1. Arbole Addressed to: T.Rowe Price 1?.0. Box 17303 Baltimore, MD 21297-1320 A. 8lpnshss - --. .. X 13 Apwht .?.a. . " O Addn ti Received by (AM W DDabe of Denary >... _ D. Is de rvwy address dMfererit flbtn•MMm# Yes , M YES, ardsi delivery below. NO 3. lyps CertlBsd MaM 0 EhgxM Mar PA*W d 0 Return Receipt for Mwdwhdlee O kmasd Mar O C.O.D. 4. Reetricted DelNery? (Extra Fee) rg yam ArfdaeNurroer 7004 1350 0003 7286 2552 filesslirr Aerrr arNlo. rral Ps Form 3811, Fdmmy 2ou Domsstlo PAturn Reoalpt taxres a¢ rr ,sa S .? Pry rt