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HomeMy WebLinkAbout06-0759Paul 1. Esposito, Esquire 1.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 171084268 (717) 234-0161, (717) 2344161 (facsimile) LAURA L. MICHNOWICZ, Plaintiff V. ROBERT G. MICHNOWICZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (31. - '7S9 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND 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 with twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may also be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 Court Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Paul J. Esposito. Esquire I.D. 425454 GOLDBERG KATZMAN, P. C. 320 Market Strm P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161,(717)234-4161 (facsimile) LAURA L. MICHNOWICZ, Plaintiff V. ROBERT G. IvIICRNO`vVICZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. oL - '2 ?S! Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING LAURA L. MICHNOWICZ, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver 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 falsification to authorities. Date: A L. MICHNOWICZ • Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) LAURA L. MICHNOWICZ, Plaintiff V. ROBERT G. MICHNOWICZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Q(o - 'Y E? Civil Tenn CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE Plaintiff, LAURA L. MICHNOWICZ, is an adult individual, who currently resides at 105A Forbes Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, ROBERT G. MICHNOWICZ, is an adult individual, who currently resides at 105A Forbes Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on October 16, 1993, in Garrison, Putnam County, New York. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. Plaintiff requests the court to enter a decree of divorce. COUNTI 8. The averments of paragraphs 1 through 7 herein are hereby incorporated by reference thereto. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and b) Order such other relief as the Court deems just and reasonable. GO BERG?ATZMA , P.C. Paul J. spos' o Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 yy" (717) 234-6808 (facsimile) Date: U - '7} Attorney for Plaintiff 2 VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification tc authorities. Date: MICHNOWICZ C? -Q' 7J- d ? s 4-' Paul 1. Esposito I.D. #25454 Goldberg Katzman, P.C. 320 Market Steel, Strawberry Square Post Once Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 LAURA L. MICHNOWICZ, Plaintiff V. ROBERT G. MICHNOWICZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-759 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on February 22, 2006, he sent a copy of the Complaint in Divorce by certified mail, return receipt requested, to Robert G. Michnowicz, at 105A Forbes Avenue, Carlisle, Pennsylvania 17013, and the return receipt card signed by Robert G. Michnowicz, shown as being delivered on February 27, 2006, is attached hereto and made a part hereof. j6( PAUL J , ESP SITO, ESQUIRE Sworn to and subscribed before me thisday of 2006. "Sally A. Mar 6l, Notary Public My Commission Expires: ODMAIPCDOCSIDOCSI9793813 ----------------- iV SZlq Ft rd 1 {?. 11 f eC (a • (,`r i.l tk I , .tl f Pd+ t CERTIFIED MAIL. RECEIF • (Domestic Mail Only; No Insurance Covera, x M Postage $ ru n' certified Fee qd P k O Q Realm Redept Fee { ostmar Here (Endorsement ReQUlred) ) ' l O ResOACled DalNBry Fee In (EndorsamerRRequlred) 7o 17- Total Postage a Fees $ Z a L 1 _ M obrt G. Mtchnowicz r = b Avenue . 17013 ¦ Complete Items 1, 2, and 3. Also complete A. Signat Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse x so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, D. Received ermits or on the front if s ace . p p I li D d 1. Article Addressed t: very . s e If YES, br Robert G. Michnowicz 105A Forbes Avenue L Carlisle, PA 17013 3 Addm d Name) C. Date of Deli Wevent from Rem 11 0 Yes address below: 0 No ree Mall ? Regl arum Receipt far Merchandise 0 Inured Mail G.O.D. RFPTR,r,TFn nFt nfFRY 4. Restricted Delivery? 0*0 Fee) $l Yes 2. Article Number 7004 0750 0002 3296 2896 Mansrer from service A") PS Form 3811, February 2004 Domestic Return Receipt 1025e5o2t4-1540 . _a .. ,,, =_.- :r, ,t, Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P. C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717) 234-4161 (facsimile) LAURA L. MICHNOWICZ, Plaintiff V. ROBERT G. ",IICHNOWICZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-759 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, ROBERT G. MICHNOWICZ, Defendant, acknowledge that I received a copy of the Complaint in Divorce in the above-referenced matter, which was filed with the Court on February 6, 2006, by personally accepting service thereof. Date: 17 12006 ROBERT G. DEFENDANT Paul J. Esposiw, Esquim I.D.#25454 GOLDBERG KATZMAN, P.C. 320 Mahn Street P. O. Box 1268 Hamsbwg, PA 17108-1268 (717) 234-4161; (717) 2344161 (fi simile) Counsel for Plainsi/f LAURA L. MICHNOWICZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-759 Civil Term ROBERT G. MICHNOWICZ, CIVIL ACTION - LAW Defendant IN DIVORCE ELECTION TO RESUME PRIOR NAME LAURA LENT MICHNOWICZ, being duly sworn according to laweeposes and says that she is the Plaintiff in the above suit, which was filed with the Court of Common Pleas on February 6, 2006, at the above-referenced docket number. That Defendant wishes to retake and hereafter use her prior name of LAURA ANN LENT, and therefore, gives written notice of avowing said intention, in accordance with the provisions of Title 54 Pa.C.S.A. §704(a). RAITft MICHNOWICZ To be known as LAURA ANN LENT AURA ANN LENT Sworn to Td subscrib before me this day 2006. - (_ - ppj ; -1 otary ublic My Commission Expires: NOM Sod S* A. Mwok NONY Pd* Cfty Of HerJWM% Dft#M C=V MY 6?tree seq. n, Zoos MemW, P&TWA * AWCW o Of Ndalies ? ? ^1 O A y_, ) ?t ? ? P G O" ...? -?? ? n v '1_' 3? ?a?;. ?? ??;. ..q T f'? ?' ? Fr c _ N a Y a Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff LAURA L. MICHNOWICZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-759 Civil Term ROBERT G. MICHNOWICZ, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 6, 2006. 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 2006 LAURA L. OWICZ ..? .` 1 _?.. %,._..' - _,? Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff LAURA L. MICHNOWICZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT G. MICHNOWICZ, Defendant : NO. 06-759 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?? , 2006 URA L. OWICZ ?? ri. ? ?? -- _ --? L ? ;_ -- ? ?.! 1::?,;,:?: ` Y. Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) LAURA L. MICHNOWICZ, Plaintiff V. ROBERT G. MICHNOWICZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-759 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 6, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about October 27, 2005, via Certified Mail, Restricted Delivery. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 a.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Z 7 a-,'- >A- , 2006 h 1 ROBERT G. M OWICZ e ,. ?.v C»; Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff LAURA L. MICHNOWICZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT G. MICHNOWICZ, Defendant NO. 06-759 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ZY fit' , 2006 ROBERT G. M OWICZ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this MI-14 day of Tj , 2006, by and between LAURA L. MICHNOWICZ, (hereinafter referred to as "Wife") and ROBERT G. MICHNOWICZ, (hereinafter referred to as "Husband") WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on October 16, 1993, at Putnam County, New York; and WHEREAS, the parties were separated on or about January 25, 2006; and WHEREAS, two (2) children were born to the marriage, namely, Anna Allegra Michnowicz, born, October 25, 1997, and Caleigh Alina Michnowicz, born April 13, 2000; and WHEREAS, Wife has instituted an action for divorce in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the custody and support of their two (2) minor children; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 2 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts or obligations which were jointly incurred by them during their marriage with the exception of those which are set forth elsewhere in this Agreement. 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DISPOSITION OF REAL PROPERTY The parties acknowledge that they were the owners of a residence located at 13115 Mercury Lane, Fairfax, Virginia. The parties further acknowledge that the property was sold on April 21, 2006, and that the net proceeds derived from the sale amounted to $112,620.75. The parties hereby reaffirm their prior agreement that Wife shall retain as her sole and separate property the sum of $78,310.38, and that Husband shall retain as his sole and separate property the sum of $34,310.37. Husband and Wife each hereby waive and relinquish any right, title, claim or interest that he or she may otherwise have in and to the sale proceeds being retained by the other. 7. DIVISION OF PERSONAL PROPERTY The parties agree that they have divided their separate and marital personal property to their mutual satisfaction. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 8. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, 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. 9. MOTOR VEHICLES a. 1999 Toyota Sienna Minivan - The parties agree that Wife shall retain possession of and receive as her sole and separate property the 1999 Toyota Sienna Minivan. Husband shall immediately execute any and all documents required to effectuate the transfer of ownership of said vehicle to Wife. b. 2005 Honda CRV - The parties agree that Husband shall retain possession of and receive as his sole and separate property the 2005 Honda CRV. Husband shall be solely responsible for payment of the outstanding loan from Sun Trust Company and he shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with said loan. Wife shall, at Husband's request, execute any and all documents required to effectuate the transfer of ownership of said vehicle to Husband. 10. BANK ACCOUNTS Husband and Wife acknowledge that they each possess certain accounts with banks or other financial institutions in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in or claim to any funds held by the other in any such account. 4 11. MUTUAL FUND Husband hereby acknowledges and agrees that Wife shall retain, as her and sole separate property, free and clear from any right, title, claim or interest on the part of Husband, the Oakmark Select Mutual Funds, which had a balance of $6,624.78 as of December 31, 2005. Husband hereby acknowledges that he has no further right, title claim or interest whatsoever in said account, and further agrees never to assert any such claim in the future. 12. MONEY MARKET FUND Husband and Wife acknowledge that they jointly own a Money Market Fund through USAA Investment Management Company. The parties hereby agree to equally divide the funds in the Money Market Fund and will extend their full cooperation to effectuate said division immediately upon execution of this Agreement. 13. ROTH IRA Husband and Wife each own a Roth IRA. They hereby agree that Husband shall retain as his sole and separate property the Roth IRA in his name, and Wife shall retain as her sole and separate property the Roth IRA in her name. The parties further acknowledge that neither shall have any further right, title, claim or interest whatsoever in the Roth IRA of the other and further agree never to assert any such claim in the future. 14. IBM STOCK The parties hereby acknowledge that Husband owns 8 shares of IBM stock. Said shares of stock shall become the sole and exclusive property of Husband. Wife hereby waives and relinquishes any right, title, claim or interest she may have in and to said shares of stock and agrees never to assert any such claim to same in the future. 5 15. MILITARY RETIREMENT The parties acknowledge that as a result of his service in the United States Armed Forces, Husband has earned certain military retirement benefits. They further acknowledge that, by virtue of their marriage, Wife has an interest in and to the military retirement benefits which have accrued to Husband. The parties hereby agree to retain the services of an actuary to determine that portion of the military retirement benefits which would be deemed marital and subject to equitable distribution under Section 3501 of the Pennsylvania Divorce Code, as amended. The parties hereby agree that the marital portion of Husband's disposable retired pay shall be divided equally between them when the retirement is in pay status. The disposition of the military retirement benefits shall be made pursuant to a Domestic Relations Order (hereinafter "DRO"), the form thereof to be set forth in a stipulation which shall be signed by both parties. The parties agree that Harry M. Leister, Jr., F.S.A., shall prepare the DRO and Husband and Wife shall equally pay all fees in connection with the preparation and implementation of the DRO. The Survivor Benefit Protection shall be retained for the exclusive benefit of Wife, which designation shall not be revoked by Husband. The premium for the Survivor Benefit Protection shall be deducted from the gross amount of the monthly retirement benefit. 16. LIFE INSURANCE The parties acknowledge that they have acquired three (3) polices of term life insurance through the USAA Life Insurance Company. Said policies of life insurance are identified by the following numbers: a. J528667021; b. T775393316; 6 C. J728547012. The parties further acknowledge that Wife is the owner and insured of policy number K528667021 having a death benefit of $50,000.00, and Husband is the owner and insured of policy numbers J728547012 and T775393316, having a death benefit of $250,000.00 and $100,000.00 respectively. The parties further acknowledge that Husband is the insured on life insurance coverage provided as a consequence of his military service. The parties hereby agree that they shall at all times maintain the aforementioned policies/coverage in full force and effect and shall promptly pay any and all premiums and assessments thereon. The parties shall designate their two minor children as equal beneficiaries of all of the aforementioned death benefits permanently and irrevocably. Neither party shall take any action to reduce the amount of the death benefits payable as described in this paragraph. 17. CUSTODY The parties shall share legal custody of their children, Anna Allegra Michnowicz, born, October 25, 1997, and Caleigh Alina Michnowicz, born April 13, 2000. Wife shall have primary physical custody of Anna and Caleigh. Husband shall have partial physical custody of the children as the parties shall from time to time mutually agree upon and arrange. 18. CHILD SUPPORT Effective May 1, 2006, Husband shall pay to Wife the sum of $1,050.00 per month, payable in two (2) equal semi-monthly installments of $525.00 on the 1St and 15th days of May, 2006 and each and every month thereafter, for the support of the parties' two minor children, Anna Allegra Michnowicz, born, October 25, 1997, and Caleigh Alina Michnowicz, born April 13, 2000. Husband shall provide medical and dental 7 insurance coverage for the children through his employment and shall contribute 60% toward the unreimbursed medical expenses of the children, which shall include but not be limited to reasonable and necessary medical, dental and optical expenses, co-payments, deductibles and prescriptions, including orthodontic, chiropractic, psychiatric or psychological care expenses. Husband shall reimburse Wife for his share of unreimbursed medical expenses within thirty (30) days of his receipt of appropriate documentation thereof. Husband shall also contribute 60% toward the cost of the children's daycare or childcare expenses and shall reimburse Wife within fourteen 04) days of his receipt of appropriate documentation of said expenses. In the event Husband does not make the payments described in this paragraph to Wife in a timely manner, she may, at her option, refer the matter of child support to the appropriate Domestic Relations office for enforcement of this Agreement and the issuance of any appropriate order of court. The amount of child support is based upon Husband's current approximate gross income of $88,000.00 per year and Wife's earning capacity of approximately $45,000.00 per year. Either party may seek a modification of support in the event of a substantial and continuing change of circumstances. The dependency exemptions for the parties' two (2) children shall be allocated to Wife until further written agreement of the parties. 19. UNDERGRADUATE COLLEGE EDUCATION The parties hereby agree that they shall each be responsible for one-half of the payment of the cost of tuition, room and board, fees and expenses for the undergraduate college education of each of their two children. The parties' obligation to pay the cost of tuition, room and board, fees and expenses shall be net of any scholarships, grants, work study programs or like financial assistance received by each child, and each child shall be 8 required to apply for such available financial assistance. The obligation to pay the costs of tuition, room and board, fees and expenses shall be limited to those costs associated with a four (4) year undergraduate program directed at attaining a bachelors degree and shall not extend to post-graduate studies. In no event shall the parties' obligation to pay the costs of tuition, room and board, fees and expenses exceed a four (4) year period for either child, or continue beyond the semester in which a child attains age twenty-three (23) years. 20. HEALTH INSURANCE COVERAGE FOR WIFE Husband agrees that he shall continue to provide Wife's current medical and hospitalization insurance until the date of issuance of a final decree in divorce. Wife shall thereafter be solely responsible for her own medical and hospitalization insurance and any uninsured or unreimbursed medical and hospitalization costs incurred on her behalf. 21. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 9 22. COUNSEL FEES, COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of the marriage and the preparation and execution of this Agreement. 23. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other 10 party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 24. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Paul J. Esposito, Esquire. Husband has had the opportunity to have the provisions, of this Agreement and their legal effect fully explained to him by legal counsel of his choice. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. 25. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all tax, penalty, and interest 11 payments, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure his/her own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 26. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 27. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or 12 nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 28. RELEASE OF CLAIMS. a. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under 13 this Agreement or any instrument or document executed pursuant to this Agreement. b. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether 14 such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. d. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each parry gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to No. 06-759 in the Court of Common Pleas of Cumberland County, Pennsylvania. Wife shall, promptly and without delay, proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divorce immediately upon presentation of same. 15 29. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 30. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 31. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 32. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 33. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16 34. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 35. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 36. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 37. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the 17 other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 38. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 39. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 40. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 41. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 18 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: ?r MICHNOWICZ XIQ ROBERT G. 19 r STATE OF PENNSYLVANIA ss: COUNTY OF ??C?/WN , On this, the day of , 2006, before me, the undersigned officer, personally appeared LAURA L. MICHNOWICZ, 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 hand and official seal. Notary Public STATE OF PENNSYLVANIA COUNTY OF C ??- Notarial seal S* A. Marsh. Notary Pubic CHy Ot Harrisburg, Dartphin County My Conxniasion Expires sept,17, 2006 ss: Member. Pere>sylvania Association Of Notaries On this, the p ti day of 4- , 2006, before me, the undersigned officer, personally appeared OBERT Q MICHNOWICZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVA Notary Public Notarial Seal Rosa A. Ortiz, Notary Public Carlisle Boro, Cumberland County My Commission Expires Nov. 8, 2008 Mombw, PonnAyl'vanle Aaeoolatlon of Notarles ODMAIPCDOCSIDOCSV 3427512 20 ¢= cn :. c :7y ?'? . N LAURA L. MICHNOWICZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-759 Civil Term ROBERT G. MICHNOWICZ, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: February 27, 2006, via Certified Mail - Restricted Delivery, signed for by Defendant. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on September 1, 2006 ; by Defendant on August 27, 2006 (b)(1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: September 13, 2006. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: September 13, 2006 -1 - 115? a 9m r a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KIN STATE OF PENNA. LAURA L. MICHNOWICZ, Plaintiff No. 06-759 Civil VERSUS ROBERT G. MICHNOWICZ, Defendant DECREE IN DIVORCE AND NOW,, Tk 7-7 , 2ODOC(, IT IS ORDERED AND DECREED THAT LAURA A. LENT,' formerly MICHNOWICZ , PLAINTIFF, AND ROBERT G. MICHNOWICZ ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a certain Marriage Settlement Agreement between the parties dated July 20, 2006 are hereby incorporated in this Decree by reference as fully as though the same were see- F 1' hereift at length. Agreement _L..11 nOt Merge vi h, but shall survive this Decree. BY THE COURT: ATT PROTHONOTARY i?'s?? ? ?? ? ? ?Z° ? ? ? ???? 7?" ? ?? ` # °. z . 11, 4 =z DEC 2Z 1D08Iv 1 Laura L. Michnowicz IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Robert G. Michnowicz NO. 06-759 Defendant IN DIVORCE DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Robert G. Michnowicz ("Participant") is a Participant in the Plan. Laura A. Lent, formerly Laura L. Michnowicz ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Robert G. Michnowicz 5420A Avenue B Fort Dix, NJ 08640 Social Security No.: 144-66-8271 Date of Birth: December 6, 1960 are: 5. The Alternate Payee's name, mailing address, Social Security number and date of birth Laura A. Lent, formerly Laura L. Michnowicz 1132 Shannon Lane P.O. Box 224 Carlisle, PA 17013 Social Security No.: 089-52-7843 Date of Birth: November 27, 1965 6. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. DRO Page 2 7. This Order assigns to the Alternate Payee percentage of the Participant's di-spnsable military retired pay, to be computed by multiplying 50% times a fraction, the numerator of which is 144 months of marriage during the Participant's creditable military service, divided by the Participant's total number of months of creditable service performed by the Participant as of his date of retirement. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 7. 8. The monthly payments under Paragraph 7 shall commence to the Alternate Payee as soon as administratively feasible following the commencement of Participant's retirement benefits and shall continue during the joint lives of the parties, and, to the extent permitted under law, irrespective of the future marital status of either of them; the benefits shall terminate only upon the death of either the Participant or the Alternate Payee. 9. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed) the irrevocable beneficiary of the survivor's Survivor Benefit Plan ("SBP"), with the survivor's annuity determined by the maximum base amount. The Participant shall make the necessary election in a timely manner to effectuate the SBP coverage for the Alternate Payee and shall execute such paperwork as is required. 10. The Participant's rights under the Servicemembers Civil Relief Act were observed by the Court as evidenced by his affirmative signature on the divorce decree and/or separation agreement. 11. This court has the authority to divide Participant's military retired pay under the USFSPA's C-4 jurisdictional requirement since the Participant consents to the jurisdiction of this court. 12. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on October 16, 1993, separated on January 25, 2006, and divorced on September 27, 2006. 13. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 14. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 15. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States DRO Page 3 Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 16. The Participant agrees not to merge the Participant's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Alternate Payee's right to receive a portion of the disposable military retired pay of the Participant. The Participant agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Participant has a vested interest and, therefore, the Participant will not cause a limitation of the Alternate Payee's monthly payments as set forth above. The Participant agrees to indemnify the Alternate Payee for any breach of this Paragraph 16 as follows: If the Participant becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Participant's disposable military retired pay, the Participant will pay to the Alternate Payee directly the monthly amount provided in Paragraph 7 under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 17. If in any month, direct payment is not made to spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Participant shall pay the amounts called- for above directly to Alternate Payee by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Alternate Payee would have otherwise been entitled to commence her payments. This includes any amounts received by the Participant in lieu of disposable retired pay, including but not limited to, any amounts waived by Participant in order to receive Veterans Administration (i.e., disability) benefits or any amounts received by Participant as a result of an early-out provision, such as VSI or SSB benefits. 18. If the Participant takes any action that prevents, decreases, or limits the collection by the Alternate Payee of the sums to be paid hereunder, he shall make payments to the Alternate Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Participant. 19. The Participant hereby waives any privacy or other rights as may be required for the Alternate Payee to obtain information relating to the Participant's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 20. The Participant shall be required to notify the Alternate. Payee, in writing, within thirty (30) days prior to Participant's actual date of retirement. Such notice shall indicate his intentions to retire and elect benefit commencement date. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. 21. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130 and to DFAS- CL/GAG, Garnishment Operation, P.O. Box 998002, Cleveland, OH 44199-8002. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. DRO Page 4 a. Deemed Election Letter. b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Robert G. Michnowicz and Laura A. Lent, formerly Laura L. Michnowicz. e. An indication that this is a written request to enforce the accompanying Domestic Relations Order in lieu of Application Form DD-2293. 22. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. EXECUTED this day of ?Vr- CONSENT TO ORDER: ?- c3g of ternate Payee Date M- Attorney: Alternate 160 Date I/ -- ZI - 06 Defendant/Particip t Date Attorney for Defendant Date Participant Rv TT-TT. PrITTDrn