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HomeMy WebLinkAbout02-0833 JERRY A. LATTIG, PLAINTIFF V. JO ANN LATTIG, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 03 CIVIL TERM 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 JERRY A. LATTIG, PLAINTIFF V. JO ANN LATTIG, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Jerry A. Lattig who resides at 304-C West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Jo Ann Lattig who resides at 5 Sycamore Circle, Etters, York County, Pennsylvania 17319. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 17, 1974 in Orange County, CA. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: , J r . Lattig Sk, (V\ 1 4? - C7 CD ; M F -7 i t- N w 1. Li J _ o O 3 Li 1. 0 ID V a ~ a a r n U N Z Z _ O 3 J) Z ¢ N Z r n Q Q O k w r L a N W O _ N L r r LAW OFFICE OF THOMAS D.-GOULD ATTORNEYS AT LAW 2 EAST MAIN STREET • SHIREMANSTOWN, PA 17011 717-731-1461 JERRY A. LATTIG, PLAINTIFF V. JO ANN LATTIG, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - X33 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Jo Ann Lattig and certify that I am authorized to do so'---? 218Ina- DATE Susan Ray ietlo, a I . D . # f2? oC? 5021 Eas T 'ndle Road Suite 100 Mechanicsburg, (717) 796-1930 PA 17050 c? ? ° - ' r o r7 -r1 rr .? a ,, Na JERRY A. LATTIG, PLAINTIFF V. JO ANN LATTIG, DEFENDANT IN THE COURT OF COMbION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 833 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 15, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Y zoo.)- a Je A. ttig 14Y 1-= 6 ' ' ? rv O c _ ntlr T ?' r. ? , rr? _ ? :_ -`,`r ' __- ? - -' LLJ ? , - , .. -? JERRY A. LATTIG, PLAINTIFF V. JO ANN LATTIG, DEFENDANT ' IN THE COURT OF CO N PL AS Ci7M8ERLAND COUNTY , NO. 2002 - 833 CIVIL TERM IN DIVORCE DIVE OF NOTT E OF INTENTION T^ nFnUEST Ely Y OF A DIVORCE DECFtE.F UNDER c..a CODE nTT^ N ?3p1(c) OF THE DIVOf?CE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce prothonotary. will decree is entered by the court and that a copy of the be sent to me immediately after it is filed with the p I verify that the statements made in this Affidavit are true false Sectiont49041 relating to unsworn and correct. nofr18a Pa that to the he penalties falsification to authorities. 17 DATED: r Lattig U7 G MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 11'4 day of 12002 by and between Jerry A. Lattig, (hereinafter referred to as "Husband") and Jo Ann Lattig, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on August 17, 1974; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, two children were born of this marriage, Heather Ann Figard (Lattig), born July 10, 1978 and Ann Marie Lattig, born May 23, 1991; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. when she reaches the age of 18. In addition, until the home equity loan is satisfied, Husband shall maintain an additional $50,000.00 term life insurance policy. Wife has the right to request that Husband provide her with evidence confirming that he has purchased and is maintaining the required life insurance. Upon request, Husband shall have 10 days to provide the requested information. 9. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband shall assume and hold Wife harmless for the joint VISA account, MasterCard account and Member's 1st loan totaling over $18,000.00. Husband agrees to be responsible for and hold Wife harmless for the home equity loan on the marital home. 10. SHARED CUSTODY The parties agree that they shall share legal custody of their minor child. This means that the. parties shall consult with each other regarding the major parenting decisions affecting the child's health, education and welfare. Primary Physical Custody shall be with Wife subject to Partial Physical Custody to the Husband as the parties may mutually agree. Neither party is to take the child outside the Commonwealth of Pennsylvania without notifying the other. 1. Father shall have Partial Physical Custody of the minor child according to the following schedule: A. Alternating weekends from Thursday evening at 4:00 p.m. through Sunday evening at 6:00 p.m. Father has every other Friday off from work. Father's weekend visit with his daughter shall coincide with his Friday off from work; B. Father shall have custody one (1) evening during the week he does not have the child for his extended weekend. This evening time shall be from 4:00 p.m. through 8:00 p.m. Father shall provide Mother with a minimum of twenty-four (24) hours notice of the evening visit he is requesting. If Father is getting his daughter weekday evenings while Mother is in school, those nights shall replace this time; C. The parties shall alternate the following holidays, with Mother having the even numbered holidays and Father the odd numbered holidays in the even numbered years. Mother will have the 4 odd numbered holidays and Father will have the even numbered holidays in the odd numbered years: 1) Easter 2) Memorial Day 4) Labor Day 3) Independence Day 5) Thanksgiving D. Mother shall always have the child on New Year's Eve and New Year's Day; E. The parties shall share Christmas. Mother shall always have the child Christmas Eve through 2:00 p.m. on Christmas Day and Father shall always have the child beginning 2:00 p.m. on Christmas Day through 8:00 p.m. the day after Christmas; F. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day from 9:00 a.m. through 6:00 p.m.; G. Father may request one (1) to two (2) non- consecutive weeks of vacation during the child's summer vacation. Father shall provide Mother with written request for these vacation periods on or before June 1 of the year in which the vacation is being requested; H. Should Mother decide to return to school and have to attend evening classes, Father agrees to assist by taking care of the child during the evenings Mother is in school. If Father does not choose to assist in providing care for the child, he shall provide one-half (1/2) of the child care expenses Mother incurs as a result of her evening classes for school; I. All holidays, vacations, and specially designated times with the child shall supersede the regularly scheduled times. 2. Father agrees to be responsible for any ordinary everyday expenses which occur during his individual custody periods with the child. 3. Father agrees to provide all transportation for his times with the child. 4. The party with physical custody of the child agrees to keep the other party fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which the child becomes involved. 5. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous 5 occasions, the parties agree the alteration and/or change shall be in writing and signed by both parties. 11. CHILD SUPPORT Husband agrees to pay child support to Wife in the amount agreed to by the parties, initially at $1,000.00 per month, or if an agreement is not reached, as determined to be appropriate by the Domestic Relations Office or a court of competent jurisdiction. Husband shall be responsible for providing medical coverage for the child as long as such medical coverage is available, at a reasonable cost, as part of the Husband's employment benefits. However, if Wife can cover the child through her employer at a cost less than Husband, Wife shall cover the child and Husband shall reimburse Wife for his prorated share of the cost of the medical coverage. Wife, as the custodial parent, is responsible for the first $250.00 of each calender year's unreimbursed medical expenses. Any additional medical expenses shall be prorated pursuant to the Pennsylvania support law, currently 70/30. Their child's activity fees and costs shall also be prorated in accordance with their relative incomes. The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the custody arrangements set forth herein, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by the Domestic Relations Office or Court of competent jurisdiction. 12. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Husband agrees to pay Wife $1,000.00 per month as alimony for 120 consecutive months. In all other respects the parties hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. Husband's alimony obligation may be modified due to a material change in circumstances. 13. JOINT FILING OF IRS RETURN Husband and Wife agree to file a joint tax return for the 2001 tax year and separate tax return for all subsequent years thereafter. Any 2001 tax consequences shall be the sole responsibility of Husband and he shall be entitled to receive any tax refund. Husband shall be entitled to claim Ann as a dependant during the time he is making the home equity loan payments. 6 14. DIVORCE The parties agree to cooperate with each other in obtaining an uncontested final divorce of the marriage under section 3301(c) or(d) of the Divorce code. 15. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Decree in Divorce. 16. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 17. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 18. VOLUNTARY The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 19. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, 7 dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 20. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 21. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 23. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 25. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 8 IN WITNESS WHEREOF, the parties set their hands and seals LQC?2 Witness to Jer A. La tig Witness Date Jo Ann Lattig Commonwealth of Pennsylvania: ss County of CUMBERLAND 414 PERSONALLY APPEARED BEFORE ME, this,/o'), da y of /G 4-ealhel 2002, a notary public, in and for the Commonwealth of Pennsylvania, Jerry A. Lattig, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL EAL MICHAEL R. CARANCI, Notary Public Camp Hill Boro. Cumberland County MY Com mission,- Expires June 15, 2002 Commonwealth of Pennsylvania: ss County of PERSONALLY APPEARED BEFORE ME, this day of FZVU- G- SLR 2002, a notary public, in and for the Commonwealth of Pennsylvania, Jo Ann Lattig, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. ?tt Notary Public NOMM Mm R. Hantrd,, Nol tW public g CMm i&w O pi ms AIX. 00 n C? - ? } Z _? n r ?' .-; .: - , ?. ' ,. '- a: .? JERRY A. LATTIG, PLAINTIFF V. JO ANN LATTIG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN NO. 2002 - 833 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On February 18, 2002 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, July 1, 2002; By Defendant, July 1, 2002. 4. Related claims pending: None 5. Date Plaintiff' s Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on July 2, 2002. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on July 5, 2002. Thomas D. Gould, Esquire Attorney For Plaintiff C7 ?: : ; C P'u ? -O l.::.--? ?? - n ?? ?.__ '; ? _.,- i - -- .? G";? J ` ; Gr. --?: _.. ?._? F 't. _ ' ? , 'C. ,? .. ' .'"' _?? i7 -v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JERRY A. LATTIG, Plaintiff II IV O. 2002-833 CIVIL VERSUS DECREE IN DIVORCE AND NOW, 2002 IT IS ORDERED AND DECREED THAT JERRY A. LATTIG , PLAINTIFF, AND JO ANN LATTIG ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO4tD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; nX- THE MARRIAGE HEREBY INCORPORATED INTO THIS DECREE IN J)??6RZ E. BY THE CO'YRT: DATED FEBRUARY 12, 2002 i ATTEST: jr J. PROTHONOTARY n2 JERRY A. LATTIG, Plaintiff/Respondent vs. JO ANN LATTIG, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-833 CIVIL ACTION -LAW IN DIVORCE PETITION FOR SPECIAL RELIEF TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes the Defendant/Petitioner JO ANN LATTIG, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully states the following: 1. The Petitioner is JO ANN LATTIG, an adult individual residing at 5 Sycamore Circle, Etters, York County, Pennsylvania. 2. The Respondent is JERRY A. LATTIG, an adult individual residing at 1210 Briarwood Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner and Respondent are formerly husband and wife, having been married on August 17, 1974, and having been divorced on July J 0, 2002. (See copy of Decree in Divorce marked Exhibit "A", attached hereto and made part hereof). 4. The parties are the parents of two children, same being Heather Ann (Lattig) Figard, born July 10, 1978 and Ann Marie Lattig, born May 23, 1991. 5. On February 12, 2002, the parties entered into a Marriage Settlement Agreement, a true and correct copy of which is marked Exhibit "B", attached hereto and made part hereof. 6. Paragraph 15 of said Marriage Settlement Agreement states that the agreement shall be incorporated into the final decree of divorce for purposes of enforcement. 7. Paragraph 7 of said Marriage Settlement Agreement requires Respondent to transfer to Petitioner his Thrift Savings Plan within thirty (30) days of the date of the Agreement (See Exhibit `B"). To date, despite Petitioner's repeated requests, Respondent has breached said paragraph 7 of the Marriage Settlement Agreement by failing to do what is required to transfer the Thrift Savings Plan to Petitioner. (See copy of letter dated August 9, 2007, from the Legal Processing Unit of the Thrift Savings Plan, marked Exhibit "C", attached hereto and made part hereof). 9. Petitioner is in dire need of the funds which are to be transferred to her pursuant to said paragraph 7, and is struggling to meet even her most basic living expenses. 10. Petitioner has incurred substantial attorney fees in connection with enforcement of Respondent's obligation under the said Marriage Settlement Agreement. 11. Paragraph 17 said Marriage Settlement Agreement provides that the breaching party of the Marriage Settlement Agreement provisions is responsible for payment of legal fees and expenses incurred by the non-breaching party in enforcing his/her rights under the Agreement (See Exhibit `B"). 12. Respondent's conduct as set forth herein is in breach of and in willful violation of the terms of the Marriage Settlement Agreement dated February 12, 2002. 13. 23 Pa. C.S.A. §3502(e) empowers the court to provide relief in cases where a party has failed to comply with the terms of an agreement as entered between the parties relative to equitable division of marital property. 14. Respondent has refused to remedy the breaches as alleged, despite repeated requests by Petitioner. WHEREFORE, Petitioner requests your Honorable Court to: A. Order Respondent to immediately comply with all terms of the Marriage Settlement Agreement; B. Find Respondent in contempt of court for willfully disregarding the terms of the Marriage Settlement Agreement, which was incorporated into the decree in divorce dated July 10, 2002; C. Order Respondent to pay Petitioner's attorney's fees, costs, and expenses incurred in connection with enforcement of the Agreement, Exhibit "B", hereto; D. Order such other relief as your Honorable Court deems appropriate. Respectfully submitted, Date: September 1 , 2007 MAN J. SMITH, JR. squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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 unworn falsification to authorities. 01- ?X?,p,? + !+++++ +++++++++++' +++, +???'jj Vw?i`vvvv?YUvvv` i?•f5`?'?;%v''!•Y? i 'r ' 1N THE CvURT OF COMMCA PLEAS OF CUMBERLAND COUNTY r: STATE OF PENNA. - JERRY A. LATTIG, y' N p. 2002-833 _CIVIL .Plaintiff VERSUS " y .S? 'r .f ?J DECREE IN DIVORCE AND NOW, 2002 IT IS ORDERED AND DECREED THAT JERRY A. LATTIG , PLAINTIFF, AND JO ANN LATTIG DEFENDANT, ARS DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECD D IN THIS ACTION FOR WHICH A FINAL ORDER HAS NCT v' YET BEEN ENTERED; 9 h THE MARRIAGE SETTLEMENT AGREEMENT DATED FEBRUARY 12, 2002 is HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE.. _ BY THE COURT: r ?. ATTEST: A J? PROTHONOTAR'T OVA a' E-7x416;f ? MARRIAGE SETTLEMENT ACREMENT THIS AGREEMENT made this I? day of? ' -', 2,007- by and between Jerry A. Lattig, (hereinafter referred to as "Husband") and Jo Ann Lattig, (hereinafter referred to as "Wife"). WITNESSETH: COPY WHEREAS, the Husband and Wife were lawfully married on August 17, 1974; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, two children were born of this marriage, Heather Ann Figard (Lattig), born July 10, 1978 and Ann Marie Lattig, born May 23, 1991; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawff'lness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party.hereto completely understand and agree that neither shall do nor say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. The personal property retained by Wife is valued at $10,000.00 more than property retained by Husband. 4. AUTOMOBILES The parties are the owners of a 1990 Ford Taurus and a 1995 Mercury Villager. The parties, within 15 days of signing this agreement, shall take all steps necessary to provide that Husband is the owner of the 1990 Ford Taurus and Wife is the owner of the 1995 Mercury Villager. Husband shall have all right and title to his vehicle. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to her vehicle and shall maintain insurance on her vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. The parties will cooperate to insure that the required transfers are completed within 15 days of the execution of this agreement. 5. DIVISION OF REAL PROPERTY The real estate owned by the parties as tenants by the entireties situated at 5 Sycamore Circle, Etters, York County, Pennsylvania shall be conveyed, upon the satisfaction of the mortgages/home equity loan, in fee simple to the Wife. Wife shall assume full responsibility for all maintenance, utilities and insurance on the marital home. Husband shall make the payment on the existing mortgages and notes. Husband shall be liable for the real estate taxes during the time he is paying the mortgage/home equity loan. Husband shall be entitled to the tax advantages related to his payments on the marital residence. Husband intends to increase the home equity loan by including other debts. Wife shall cooperate with Husband and sign any forms required to assist him in securing the loan. Husband shall indemnify and save Wife harmless from any liability on the accompanying mortgages, notes or real estate taxes. Wife shall indemnify and save Husband harmless from any liability or other expenses related the former marital home. In the event the house is sold, Wife shall receive all 2 proceeds from the sale of the house and alternatively, she shall be liable for any and all deficiency related to the sale of the home. Husband waives any and all right or interest he may have in the marital home. If Wife remarries or cohabitates with a member of the opposite sex, husband's obligation to pay the taxes, mortgage and home equity loan shall cease and Wife shall, within 90 days, refinance or sell the property so as to remove Husband from any liability on the mortgage or home equity loan. Husband shall remain liable for and indemnify Wife for any portion of the home equity loan incurred after separation for the benefit of Husband. If Wife elects to sell the former marital home before the home equity loan is fully paid, Husband shall not be required to immediately pay the fall amount due, rather, he shall be permitted to continue to make the same monthly payments to Wife as he was making on the loan., Such continued payments shall be deemed additional alimony payments. The equity in the marital home is deemed to be $74,000.00. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND IMFESTMENTS The parties own no stocks or bonds. They have equitably divided their respective financial accounts and other investments. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts or other investments. 7. PENSION/RETIREMENT Wife has no pension or retirement accounts. Husband has a Thrift Saving Plan (TSP), valued at $42,122.00 at the time of separation and a Federal pension. Due to fluctuations in the stock market, the TSP value on October 31, 2001 was $37,080.03. Husband has not withdrawn any funds from his TSP. Within 30 days of execution of this MSA, Husband shall initiate the transfer/rollover to Wife of his TSP into an IRA or other retirement or pension account of her choice. In consideration of the transfer of his TSP, the marital home, substantial personal property, vehicle, marital debt and alimony, Wife relinquishes and waivers any interest and right-to Husband's Federal pension. Husband shall designate Wife as his survivor beneficiary unless Wife or Husband remarries. 8. LIFE INSURANCE Husband shall maintain a minimum of $100,000.00 term life insurance designating Wife as 50% beneficiary and his minor child as 505 beneficiary. Husband's requirement may be removed as to Wife upon termination of her alimony, and as to his minor child, 3 when she reaches the age of 18. In addition, until the home equity loan is satisfied, Husband shall maintain an additional $50,000.00 term life insurance policy. Wife has the right to request that Husband provide her with evidence confirming that he has purchased and is maintaining the required life insurance. Upon request, Husband shall have 10.days to provide the requested information. 9. bMRITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband shall assume and hold Wife harmless for the joint VISA account, MasterCard account and Member's 1st loan totaling over $18,000.00. Husband agrees to be responsible for and hold Wife harmless for the home equity loan on the marital home. 10. SHARED CUSTODY The parties agree that they shall share legal custody of their minor child. This means that the parties shall consult with each other regarding the major parenting decisions affecting the child's health, education and welfare. Primary Physical Custody shall be with Wife subject to Partial Physical Custody to the Husband as the parties may mutually agree. Neither party is to take the child outside the Commonwealth of Pennsylvania without notifying the other. 1. Father shall have Partial Physical Custody of the minor child according to the following schedule: A. Alternating weekends from Thursday evening at 4:00 p.m. through Sunday evening at 6:00 p.m. Father has every other Friday off from work. Father's weekend visit with his daughter shall coincide with.his Friday off from work; B. Father shall have custody one (1) evening during the week he does not have the child for his extended weekend. This evening time shall be from 4:00 p.m. through 8:00 p.m. Father shall provide Mother with a minimum of twenty-four (24) hours notice of the evening visit he is requesting. If Father is getting his daughter weekday evenings while Mother is in school, those nights shall replace this time; C. The parties shall alternate the following holidays, with Mother having the even numbered holidays and Father the odd numbered holidays in the even numbered years. Mother will have the 4 odd numbered holidays and Father will have the even numbered holidays in the odd numbered years: 1) Easter 2) Memorial Day 4) Labor Day 3) Independence Day 5) Thanksgiving D. Mother shall always have the child on New Year's Eve and New Year's Day; E. The parties shall share Christmas. Mother shall always have the child Christmas Eve through 2:00 p.m. on Christmas Day and Father shall always have the child beginning 2:00 p.m. on Christmas Day through 8:00 p.m. the day after Christmas; F. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day from 9:00 a.m. through 6:00 p.m.; G. Father may request one (1) to two (2) non- consecutive weeks of vacation during the child's summer vacation. Father shall provide Mother with written request for these vacation periods on or before June 1 of the year in which the vacation is being requested; H. Should Mother decide to return to school and have to attend evening classes, Father agrees to assist by taking care of the child during the evenings Mother is in school. If Father does not choose to assist in providing care for the child, he shall provide one-half (1/2) of the child care expenses Mother incurs as a result of her evening classes for school; I. All holidays, vacations, and specially designated times with the child shall supersede the regularly scheduled times. 2. Father agrees to be responsible for any ordinary everyday expenses which occur during his individual custody periods with the child. 3. Father agrees to provide all transportation for his times with the child. 4. The party with physical custody of the child agrees to keep the other party fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which the child becomes involved. 5. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous 5 occasions, the parties agree the alteration and/or change shall be in writing and signed by both parties. 11. CHILD SUPPORT Husband agrees to pay child support to Wife in the amount agreed to by the parties, initially at $1,000.00 per month, or if an agreement is not reached, as determined to be appropriate by the Domestic Relations Office or a court of competent jurisdiction. Husband shall be responsible for providing medical coverage for the child as long as such medical coverage is available, at a reasonable cost, as part of the Husband's employment benefits. However, if Wife can cover the child through her. employer at a cost less than Husband, Wife shall cover the child and Husband shall reimburse Wife for his prorated share of the cost of the medical coverage. Wife, as the custodial parent, is responsible for the first $250.00 of each calender year's unreimbursed medical expenses. Any additional medical expenses shall be prorated pursuant to the Pennsylvania support law, currently 70/30. Their child's activity fees and costs shall also be prorated in accordance with their relative incomes. The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the custody arrangements set forth herein, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by the Domestic Relations Office or Court of competent jurisdiction. 12. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Husband agrees to pay Wife $1,000.00 per month as alimony for 120 consecutive months. In all other respects the parties hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. Husband's alimony obligation may be modified due to a material change in circumstances. 13. JOINT FILING OF IRS RETURN Husband and Wife agree to file a joint tax return for the 2001 tax year and separate tax return for all subsequent years thereafter. Any 2001 tax consequences shall be the sole responsibility of Husband and he shall be entitled to receive any tax refund. Husband shall be entitled to claim Ann as a dependant during the time he is making the home equity loan payments. 6 14. DIVORCE The parties agree to cooperate with each other in obtaining an uncontested final divorce of the marriage under section 3301(c) or(d) of the Divorce code. 15. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Decree in Divorce. 16. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 17. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 18. VOLUNTARY AGRZINENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 19. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, 7 dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 20. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 21. MODIFICATION AND wAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement.shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 23. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 25. APPLICABLE LAN This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 8 IN WITNESS WHEREOF, the parties set their hands and seals -.6' LI; Date Commonwealth of Pennsylvania: ss County of CUMBERLAND .? z v?z" Witness Da e rrV . Lattig alLt J-7?Jo Ann L tti PERSONALLY APPEARED BEFORE ME, this lay of 2002, a notary public, in and for the Commonwealth of Pennsylvania, Jerry A. Lattig, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my ha and official seal. Notary Public NOTARIAL SEAL Mir-HAEL R. CARRNCI, Notary Public Camp Hill Boro. Ctxnb> WW County mmisslan EmIrPs June 15, 2002 Commonwealth of Pennsylvania: : ss County of CL, ,reb C1.O-V\-d PERSONALLY APPEARED BEFORE ME, this,5 ??day of 2002, a notary public, in and for the Commonwealth of Pennsylvania, Jo Ann Lattig, known to. me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. Notary Public Notw%lSeal R, HWftd, Notary PuM SWO Wm EE)Oms Apr. 4 M 9 .t c 60K ?! b NMI BAMM PLAN August 09, 2007 Thrift Savings Plan Legal Processing Unit P.O. Box 4390, Fairfax, VA 22038-9998 RE:DECREE IN DIVORCE IN JERRY A. LATTIG VERSUS JO ANN LATTIG, CASE NO. 2002-833, ENTERED JULY 10, 2002, RECEIVED JULY 9, 2007. DEAR MR. LATTIG: The Thrift Savings Plan (TSP) will not honor the above- referenced court order. To be honored by the TSP, a court order must qualify under 5 U.S.C. §§ 8435(c), 8467, and 5 C.F.R. part 1653, subpart A. The court order is not qualifying because we are unable to compute the payee's entitlement. A court order can describe the payee's entitlement in terms of a fixed dollar amount, or as a percentage or fraction of the account as of a particular date. The court order does not meet this requirement because "Husband shall initiate the transfer/rollover to Wife of his TSP into an IRA or other retirement or pension account of her choice." See page 3 of Marriage Settlement Agreement. In addition, the Social Security Number of the payee has not been provided. Please note, the Social Security Number may only be provided by the payee or the legal representative of either party. This letter applies only to your civilian TSP account. You may obtain information about your tither Government retirement benefits by writing to the Office of Personnel Management, Court Ordered Benefits Branch, P.O. Box 17, Washington, DC 20044. This letter is a final administrative action by the TSP. However, the parties may wish to reformulate the court order, consistent with the above information. Upon receipt of the court order, your civilian TSP account was frozen for loans and withdrawals. That freeze will remain in place for 45 days from the date of this letter. The 45-day period will be terminated if both parties submit to the TSP a written request for termination. If you have questions, contact the TSP Legal Processing Unit at the address on the letterhead or call 1-800-371-2365. Callers outside the United States and Canada should call (404) 233-4400. Documents pertaining to this case may be faxed anytime to (703) 592-0151. Include your daytime telephone number and your Social Security number on all correspondence. In addition, the TSP court order booklet is avdilable from the TSP website (www.TSP.gov). If you do not have web access, please call or write to receive a printed copy. Sincerely, Pamela-Jeanne Moran, Director Office of Participant Services CC: MS. JO ANN LATTIG 3'C: r • SEP 10 2007 t JERRY A. LATTIG, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2002-833 JO ANN LATTIG, CIVIL ACTION -LAW Defendant/Petitioner IN DIVORCE ORDER OF COURT AND NOW, this _ day of <332al 1124A !1 .1 , 2007, upon consideration of the within Petition for Special Relief to Enforce Marriage Settlement Agreement, a Rule is entered on the Respondent, JERRY A. LATTIG, to show cause why the prayer of the within Petition should not be granted. Rule returnable within "7-42 days from the date of service. MNVAIA NN3d ?nct:) _ , ,,.."two 6z .c Wa 11 a3s loot JERRY A. LATTIG, PLAINTIFF V. JO ANN LATTIG, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-0833 CIVIL TERM IN DIVORCE STIPULATION WHEREAS, Jo Ann Lattig has filed a Petition For Special Relief to Enforce Marriage Settlement Agreement. The parties have reached an agreement in the above referenced matter and hereby request that pursuant to paragraph 7 of their Marriage Settlement Agreement, dated February 12, 2002, this Honorable Court enter an Order directing that 1000 of JERRY A. LATTIG'S Civilian Thrift Savings Plan be awarded to JO ANN LATTIG. Max J. Smith, r. Thomas D. Gould Attorney for JoAnn Lattig Attorney for Jerry A. Lattig ? 4 - n „=? ? a -rs , ? ? r` ? µG?= ? ' ? .r . ,?, ? -.,? C??. ?ci ? J ?- r ..,..-` 3' C 'y ? ?=; .'t1G C?;d . _ . ....1 ?y- Ff ,A OCT 1 62007 cK? JERRY A. LATTIG, PLAINTIFF V. JO ANN LATTIG, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-0833 CIVIL TERM IN DIVORCE RETIREMENT BENEFITS COURT ORDER AND NOW this 7,6 day of 2007, pursuant - 9jz&=7,r to paragraph 7 of the parties' Marriage Settlement Agreement, dated February 12, 2002, which was incorporated into the Decree in Divorce dated July 10, 2002, it is hereby ORDERED that JO ANN LATTIG, SS# 526-04-3273 residing at 5 Sycamore Circle, Etters Pennsylvania 17319 is awarded 1000 of the Civilian Thrift Savings Account of JERRY A. LATTIG, SS# 298-44-3273, residing at 1210 Briarwood Drive, Mechanicsburg, Pennsylvania 17055. It is further ORDERED that earnings will be paid on the amount of the entitlement under this ORDER until payment is made. a ? : - C_? `-=x ? ' ? r?` ?.? ,?,?+ ?4. _ i ?"?- T C...J :. M.? l,t.. ? ff+.ry ??.J? _ ?.A ? L.S.A ? , `./ -? L..j... . I V ? ??'? `?' ?.?/