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HomeMy WebLinkAbout06-5515ROBERT H. DORFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 '?' ?, v's ( ficrA CONNIE H. DORFF, : CIVIL ACTION - LAW Defendant : 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. 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. f judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 SAIDIS, FLOWER & LNSDSAY 26 West High Street Carlisle, PA Respectfully submitted, SAIDIS, FLOWER & LINDSAY By ' yti ac ?? L V u -? %air&i Matas, squire Supreme Court ID # 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ROBERT H. DORFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Q 6I 5` i ,?: l f e`er CONNIE H. DORFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) and 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Robert H. Dorff, an adult individual residing at 404 Oakwood Avenue, Raleigh, North Carolina. 2. The Defendant is Connie H. Dorff, an adult individual residing at, 648 Belvedere Street, Carlisle, Cumberland County, Pennsylvania. 3. The Defendant has been bona fide resident in 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 May 20, 1979, in Carolina Beach, New Hanover County, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Defendant has been advised that counseling is available and that SAIDIS, FLOWER & LINDSAY ,vAF:LAW 26 West High Street Carlisle, PA she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ma etas, squire Attorney d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated:( Q ?G Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY AM AMA 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Dated: L, Robert H. Dorff SAIDIS, FLOWER & LWDSAY 26 West High Street Carlisle, PA BERT H. DORFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 0(0 -SSiS'' C?.,, 1 4- crti. NNIE H. DORFF, : CIVIL ACTION -- LAW Defendant : IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 15, 1998 and have ed to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of , lawyer's fees or expenses if I do not claim them before a divorce is I verify that the statements made in this affidavit are true and correct. I nderstand that false statements herein are made subject to the penalties of 18 C.S. §4904 relating to unsworn falsification to authorities. C' Robert H. Dorff SAIDIS, FLOWER & I.E'l-IDSAY 26 West High Street Carlisle, PA ?" .? W U` ° r ? .?? C _ o Q? ~'?'1 ?C3 ? ? ? x- ?? ? ?' ?,1 `o ? n 6? A v ROBERT H. DORFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA _ V. :NO. CONNIE H. DORFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, CONNIE H. DORFF, Defendant in the above-captioned matter, accepted service of the Complaint in Divorce on •A.4.6 (date). C??_C/ Connie H. Dorff Dated: ff 3 C? SAIDIS, FLOWER & LINDSAY VTOR 4M-AT.IAW 26 West High Street Carlisle, PA S E P 2 6 2006 C) tr CID `f Ift :OBERT H. DORFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5515 CIVIL TERM CONNIE H. DORFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT SAIDIS, FLOWER & IdNDS" 26 West High Street Carlisle, PA s, • SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I Cp day of j"u_o_ 200 by and between ROBERT H. DORFF, of Raleigh, North Carolina, party f the first part, hereinafter referred to as "Husband", AND CONNIE HUTCHENS DORFF, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 20, 1979, in New Hanover County, North Carolina; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, --Page 1 of 13-- 111? y Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marylou Matas, Esquire. Wife has reviewed this Agreement and has had the opportunity to have the provisions of this Agreement and their legal effect explained to her by counsel but has chosen to proceed on her own, without legal representation and is entering into this Agreement of her own free will. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, --Page 2 of 13-- J nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date oL Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree that the vehicles owned by them at the time of separation have since been sold or otherwise distributed by each party, with the proceeds received by each remaining as his or her own property. Any vehicle now owned by either party or purchased with any proceeds received by the parties from the sale of the vehicles owned during the marriage are post- separation vehicles, to which the other party has no claim or interest whatsoever. 8. Real Estate: During their marriage, the parties owned real estate located at 648 Belvedere Street, Carlisle, Cumberland County, Pennsylvania. Since the date of separation, --Page 3 of 13-- Wife refinanced the mortgage due and owing on this property to her own name individually. From the date of refinancing of the mortgage forward, Wife shall maintain sole and exclusive responsibility for the repayment of the aforesaid mortgage and indemnify Husband and hold Husband harmless from any demand for payment or collection activity whatsoever. Wife shall retain ownership of the property and Husband shall waive all right, title and interest in this property. Husband has signed a deed to transfer ownership of the property to Wife, which has been previously recorded. The parties own or have an interest in DHW Associates, a North Carolina Limited Partnership, which owns two townhouses in Chapel Hill, North Carolina. Title to these townhouses is listed in Husband's and Wife's names jointly, with Hueske-Dorff, Inc. Wife shall transfer her ownership interest in this property, in its entirety, to Husband. This includes but is not limited to any interest that Wife may have to the real estate in Chapel Hill, North Carolina, any interest in the business partnership known as DHW Associates, and interest in the holdings of DHW Associates and any interest in Hueske-Dorff, Inc. From the date of execution of this Agreement forward, Husband shall maintain sole and exclusive responsibility for the payment of the taxes, association fees, insurance, and other maintenance due for the real estate and indemnify Wife and hold Wife harmless from any demand for payment or collection activity whatsoever. Husband shall retain ownership of the property and Wife shall waive all right, title and interest in this property. Wife shall sign a deed, or two if necessary, to transfer ownership of the property (two townhouses) to Husband, which shall be promptly recorded. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. If it is discovered that joint accounts exist, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. --Page 4 of 13-- 10. Pension Interests: Husband owns or has an interest in a BlackRock Funds IRA Account, with an approximate current balance of $66,575. Husband shall transfer approximately FORTY-FIVE THOUSAND TWO HUNDRED EIGHTEEN ($45,218.00) AND 00/100 DOLLARS from this account to an account in Wife's name individually (see below). In the event that a Qualified Domestic Relations Order is necessary to effectuate such a transfer to avoid tax consequences to Husband, Husband's counsel shall prepare such a document within a reasonable amount of time after the execution of this Agreement. Both parties shall provide whatever documents are necessary to prepare a QDRO or otherwise effectuate the transfer of the funds. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has or may have in Wife's BlackRock Funds IRA Account. Husband owns or has an interest in a Lincoln ORP account, which has an approximate current balance of $21,395. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's Lincoln ORP account. Husband owns or has an interest in a Lincoln 403(b) account, which has an approximately current balance of $53,917, but which has a loan due and owing against it in the amount of $6,360.34. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's Lincoln 403(b) account. Husband owns or has an interest in a TIAA-CREF account, which has an approximate current total account balance of $25,771. Husband shall transfer approximately SEVEN THOUSAND FOUR HUNDRED THIRTY-ONE ($7,431.00) AND 00/100 DOLLARS from this account to an account in Wife's name individually. (see below) In the event that a Qualified Domestic Relations Order is necessary to effectuate such a transfer to avoid tax consequences to Husband, Husband's counsel shall prepare such a document within a reasonable amount of time after the execution of this Agreement. Both parties shall provide whatever documents are necessary to prepare a QDRO or otherwise effectuate the transfer of the funds. Husband owns or has an interest in a MetLife IRA account, with an approximate current --Page 5 of 13-- balance of $301,342. Husband shall transfer approximately ONE HUNDRED FIFTY THOUSAND SIX HUNDRED SEVENTY-ONE ($150,671.00) AND 00/100 DOLLARS from this account to an account in Wife's name individually. In the event that a Qualified Domestic Relations Order is necessary to effectuate such a transfer to avoid tax consequences to Husband, Husband's counsel shall prepare such a document within a reasonable amount of time after the execution of this Agreement. Both parties shall provide whatever documents are necessary to prepare a QDRO or otherwise effectuate the transfer of the funds. Husband hereby waives, relinquishes and t)ransfer? s any and all right, title and interest he E 'Li fc PPS 6a d-br- has or may have in Wife's Account. The total net funds transferred to Wife shall equal one half of the total combined value of Husband's Blackrock Funds IRA, Lincoln ORP, Lincoln 403(b), TIAA-CREF, and MetLife IRA accounts as of the date of execution of this Agreement. The exact figures used in this Agreement are for approximate example purposes only. Husband and Wife agree that the transfers shall not be made from only one account, and so this Agreement is written in such a way that it is understood and agreed by them that the numbers used within this paragraph are subject to change depending upon the exact value of the accounts at the time of signing of this Agreement. A spreadsheet is attached hereto and incorporated herein by reference as Exhibit A which confirms the transfers as identified herein. The specific transfers to Wife take into account Husband's receipt of proceeds for his investment in the real estate located at 648 Belvedere Street, Carlisle, Cumberland County, Pennsylvania. 11. Investment Accounts: Husband and Wife each maintain that they do not own any investment accounts acquired prior to separation, defined as August 15, 1998, not previously identified herein as pension or retirement accounts. 12. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Each party shall pay the outstanding debts as set forth herein and further shall indemnify and save harmless the other from any and all claims --Page 6 of 13-- and demands made against either of them by reason of such debts or obligations. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Spousal Support. Alimony. Alimony Pendente Lite, and Spousal Maintenance: a.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. b.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. 15. College Education: The parties are the parents of one minor child, namely Nathan C. Dorff. This child is incurring post-secondary education costs, for which Husband and Wife have agreed to be responsible. Each parent hereby agrees, as hereinafter defined, to split equally all of the expenses of the child's college education. The term "college education" shall be defined, as a maximum, a term of four years as required to complete an undergraduate bachelor degree at a university in a program or field of study selected by the child, provided, however, that both parents have been informed and consulted about the program. Approval shall not be unreasonably withheld by a parent in any circumstance, particularly if a child has demonstrated the academic aptitude and interest needed to successfully complete the program and course of study leading to a degree. Nothing herein shall be construed to release a parent from contribution toward the child's college education if a child attends a university, community college, or technical/vocational school to achieve a degree or certification requiring less than four years of study. The parties hereto agree that the term "college expense" specifically includes the cost of tuition, fees, and registration, which is limited in an amount so as not to exceed the costs --Page 7 of 13-- imposed by the university for a full-time, undergraduate, matriculated student after the payment of any scholarships and grants at the time the child enters a program of study. The parents shall require the child to make application for scholarship and grants and will reasonably and timely cooperate with the child and each other in obtaining any necessary financial aid. Scholarships, grants, or contributions by third parties toward the costs of a child's education shall not be attributable to either parent for the purposes of calculating a parent's contribution. In addition, a trust fund is established for the child. The parents' obligation to contribute toward the cost of his college expenses shall not begin until after application of all funds held in his trust fund, as well. The parents have no agreement on contribution toward the cost of the child's housing and transportation, the costs of textbooks, laboratory fees, and class supplies during college. These expenses may be borne by the child or the parties may contribute to these expenses voluntarily, but there is no obligation on either party to do so. The parties are the parents of another child, Justin Dorff, who has completed secondary education. Husband already has made a contribution of $6,360.34 toward that child's college expenses. This is referenced in paragraph 10 as the Lincoln loan. Husband has been given credit for his contribution in the distribution scheme of the pension/retirement rollovers as set forth on the Exhibit attached hereto. 16. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as --Page 9 of 13-- testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 17. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 18. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 19. Non-Compliance: If either party fails to comply with any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages --Page 9 of 13-- for such non-compliance, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 20. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P. S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 21. Summary of Effect of Aveement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 22. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 23. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this --Page 10 of 13-- Agreement. 24. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. 25. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 26. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. Inte ration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28. Waiver or Modification to be in Writing: No modification or waiver of any of the --Page 11 of 13-- terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way affect this Agreement. 30. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. Governing Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: uA? Date D?akO Date ? `. , ROBERT H. DORFF CONNM H. DO F --Page 12 of 13-- +, W ft I verify that the statements made in this Separation and Property Settlement Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsifications to authorities. Robert H. Dorff I verify that the statements made in this Separation and Property Settlement Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsifications to authorities. Connie H. Dorff --Page 13 of 13-- C DORFF ASSET WORKSHEET Blackrock IRA Lincoln ORP Lincoln loan TIAA-CREF MetLife total estate = Equal distribution 50/50 = Robin's house contribution Connie's share $66,575 $21,395 $53,917 ($6,360.34) $25,771 $301,342 $462,640 $231,319.83 ($28,000) $203,319.83 EXHIBIT A w (seal) CONNIE DORFF NORTH CAROLINA COUNTY OF Q WE I, q? t W,&- V- - ,WL, , a notary public in and for said county and state do hereby certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Date: ya -,? 7 dV& My commission expires: )9 - ?ad?a8 42f ?- ??L Notary Public NORTH CAROLINA COUNTY OF I, , a notary public in and for said county and state do hereby certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Date: My commission expires: Notary Public 3 ra t } c a. 3 1 f fS 1? ROBERT H. DORFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-5515 CONNIE H. DORFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed September 20, 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. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: # Jan. 0 -? (?, - Robert H. Dorff PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERA 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court CIS LINDSAY 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date. I/- 2-J9 0 ? . Robert H. Dorff FEB 0 S ; F } cn 1! sy "`r ROBERT H. DORFF, Plaintiff V. IN THE COURT OF COMMO PLEAS CUMBERLAND COUNTY, P NSYLVANIA NO. 06-5515 CONNIE H. DORFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under § 3301(c) of the Divorce Code 20, 2006. SAIDIS, LINDSAY ATTORNevs•AT-uw 26 West High Street Carlisle, PA 2, The marriage of plaintiff and defendant is irretrievably broken i elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service to request entry of the Decree. filed September d ninety days have notice of intention I verify that the statements made in this Affidavit are true and correc to the best of my knowledge, information and belief. I understand that false statements herein are ade subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Connie H. Dorff DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY IUF A UIVURGt DECREE UNDER§ 3301 (cL OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1understand that ! may lose rights concerning alimony, division ,o orooerty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is e tered 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 o the best of my knowledge, information and belief. I understand that false statements herein are m de subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Connie H. Dorff Q9 i ROBERT H. DORFF, Plaintiff IN THE COURT OF COMMONF CUMBERLAND COUNTY, PEW No. 06-5515 SAIDIS, LIlVDSAY ATItDRNEYS•AT•IAW 26 West High Street Carlisle, PA CONNIE H. DORFF, : Civil Action - Law Defendant : In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following informa for entry of a Decree in Divorce: LEAS SYLVANIA n, to the Court n 3301(c) of nt accepted of service was 3. Date Affidavit of Consent required under Section 33011( ) of the Divorce Code was filed with the Prothonotary: By Plaintiff: February 6,2007 By Defendant: February 9, 2007 4. Related claims pending: The terms of the Property Seitl ment and Separation Agreement dated January 24, 2007 are incorporated, bud of merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the DiW rce Code was filed with the Prothonotary: By Plaintiff: February 6, 2007 By Defendant: February 9, 2007 1. Grounds for Divorce: Irretrievable breakdown under $ the Divorce Code. 2. Date and manner of service of the Complaint: Defend service of the Complaint on September 23, 2006, via US Mail. Prod filed with the Court on October 5 2006 Dated: Z Z-Wo*- Ma?Yt6O atas, E r Suprem Court ID # 4 SAIDIS, FLOWER & LI 26 West High Street Carlisle, PA 17013 (717) 243-6222 a19 )SAY C-,) rl,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Robert H. Dorff a Plaintiff VERSUS Connie H. Dorff No. 06-5515 DECREE IN DIVORCE AND NOW, -71-1d"L , (' , Zocs7y IT IS ORDERED AND DECREED THAT Robert H. Dorff AND Connie H. Dorff ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated January 24, 2007 are incorporated, but not merged, into this Decree in Divorce BY THE ATT E RT: PROTHONOTARY R w * i e co, /?- J- L.a?'P,E PS JUN 0 5 2007 1,19, ROBERT H. DORFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5515 CONNIE H. DORFF, : Civil Action - Law Defendant : In Divorce QUALIFIED DOMESTIC RELATIONS ORDER This cause came before the Court for entry of a Qualified Domestic Relations Order as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any successor statute thereto (the "Code"). As the terms of this Order have been stipulated and agreed to by the parties, and the Court has been fully advised thereof, IT IS HEREBY ORDERED AS FOLLOWS: 1. Background. This Order pertains to the BlackRock IRA Account (hereinafter referred to as the "Plan); is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as °QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. This Order relates to the equitable division of martial property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 3. Definitions. As used in this Order, the following terms shall apply: a. "Participant" shall mean Robert H. Dorff, whose current address is 4105 Yadkin Drive, Raleigh, North Carolina, 27609, and whose Social Security Number is **"-*"-**** (deleted on original) and whose date of birth is May 24, 1951. b. "Alternate Payee" shall mean Connie H. Dorff, whose current address is 648 Belvedere Street, Carlisle, Pennsylvania, 17013, and whose Social Security Number is *** **-***" (deleted on original) and whose date of birth is August 11, 1956. C. "Administrator" shall mean The Plan Administrator for the BlackRock IRA Account, in care of Diane Davis, 705 Northeast Drive, Suite 16, Davidson, North Carolina, 28036. 4. Assignment to Alternate Payee. The Alternate Payee (who is the former spouse of the Participant) is awarded and assigned the value of SEVENTY EIGHT THOUSAND NINE HUNDRED SIXTY ONE ($78,961) DOLLARS. Any outstanding loans shall be treated or allocated as follows: Participant shall continue to make payment on any outstanding loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. 5. Commencement of Assigned Benefits to Alternate Payee. The Alternate Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as administratively practicable following the Administrator's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. The Alternate Payee shall receive the assigned benefit under this Order in the form of a single sum cash payment designated to a separate IRA account with BlackRock, account number 0022020150, Fund number 031 in Alternate Payee's name, individually, and the Alternate Payee hereby consents to such form of payment. 7. Death of Participant. The death of the Participant, either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 8. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's estate. b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 9. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan, as now or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 10. Limitations. This order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law, rule, regulation, or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; C. Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. 11. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication, of the Plan. 12. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order. /K vol to Witness: Robert H. Dorff Dated: 5-/1(, /O Witness: Alternate Payee: ja"4?k Connie H. Dorff Dated:_ 77 BY THE COURT: rleJ5 pi aoo 31 f loo o f J.el ? D? STATE OF NORTH CAROLINA COUNTY OF Wpx : SS On this Iy'` day of MA-y , 2007, before me, the undersigned officer, personally appeared ROBERT H. DORFF, 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 purpose therein contained. set my hand and official seal. IN _PUBUfr UNTI; N.C Notary Public*u u ww7m6w2a 0001 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF C L+-^JQl,-1.a,&t-4 On this 12L'obay of , 2007, before me, the undersigned officer, personally appeared CONNIE H. ORFF, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto s t my hand and official seal. Notary Public NOTARIAL SEAL MERLENE & MARNEYKA NOTARY PUBLIC CARLISLE CUMBERLAWO COUNTIR; PA MY COMMIKON EXPIRES JUNE 8 2010 JUN 0 5 2007Aa' ROBERT H. DORFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5515 CONNIE H. DORFF, : Civil Action - Law Defendant : In Divorce QUALIFIED DOMESTIC RELATIONS ORDER This cause came before the Court for entry of a Qualified Domestic Relations Order as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any successor statute thereto (the "Code°). As the terms of this Order have been stipulated and agreed to by the parties, and the Court has been fully advised thereof, IT IS HEREBY ORDERED AS FOLLOWS: 1. Background. This Order pertains to the MetLife IRA Account (hereinafter referred to as the "Plan"); is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. This Order relates to the equitable division of martial property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 3. Definitions. As used in this Order, the following terms shall apply: a. "Participant" shall mean Robert H. Dorff, whose current address is 4105 Yadkin Drive, Raleigh, North Carolina, 27609, and whose Social Security Number is **"-*k--**** (deleted on original) and whose date of birth is May 24, 1951. I C :Z p ? fi I NIA LOOZ b. "Alternate Payee" shall mean Connie H. Dorff, whose current address is 648 Belvedere Street, Carlisle, Pennsylvania, 17013, and whose Social Security Number is **"-**-**** (deleted on original) and whose date of birth is August 11, 1956. C. "Administrator" shall mean The Plan Administrator for the MetLife IRA Account, in care of Diane Davis, 705 Northeast Drive, Suite 16, Davidson, North Carolina, 28036. 4. Assignment to Alternate Payee. The Alternate Payee (who is the former spouse of the Participant) is awarded and assigned the value of ONE HUNDRED FIFTY ONE THOUSAND FOUR HUNDRED SIXTY ONE ($151,461.00) DOLLARS. Any outstanding loans shall be treated or allocated as follows: Participant shall continue to make payment on any outstanding loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. 5. Commencement of Assigned Benefits to Alternate Payee. The Alternate Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as administratively practicable following the Administrator's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. The Alternate Payee shall receive the assigned benefit under this Order in the form of a single sum cash payment designated to a separate IRA account with MetLife, account number , in Alternate Payee's name, individually, and the Alternate Payee hereby consents to such form of payment. 7. Death of Participant. The death of the Participant, either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 8. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's estate. b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 9. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan, as now or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 10. Limitations. This order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law, rule, regulation, or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; C. Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. 11. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication, of the Plan. 12. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order. BY THE COURT: ly D to Al J. Witness: Witness: ,?N? lk . Robert H D rff Dated: ?]? 3 Alternate Payee: Connie H. Dorff Dated: e ? /S'- 67 STATE OF NORTH CAROLINA COUNTY OF wHv-5 : SS On this It&' day of MJt Y , 2007, before me, the undersigned officer, personally appeared ROBERT H. DORFF, 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 purpose therein contained. IN HEREOF, I hereunto set my hand and official seal. ~ KATHERINE MATTHEWS NOTARY PUBLIC -Q? WAKE COUNTY, N.C Notary Public My GKM*8im Ex*n I COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS On this day o ':: , 2007, before me, the undersigned officer, personally appeared CONNI H. DORFF, 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 purpose therein contained. IN WITNESS WHEREOF, I hereu to set my hand and official eal. ota Publi ry NOTARIAL MERLENE J. MARHEVKA, NOTARY PUBLIC CARLISLE, COMISION EXPIRES JUNE 8, 2010