Loading...
HomeMy WebLinkAbout06-5621Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, V. Plaintiff KIMBERLY R. PLAVCHAK, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available 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 THE 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. p(?• ???? CIVIL TERM CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KIMBERLY R. PLAVCHAK, Defendant AVISO IN DIVORCE LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 NO. CIVIL TERM CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DOUGLAS J. PLAVCHAK Plaintiff No. 06-5621 VERSUS KIMBERLY R. PLAVCHAK Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT DOUGLAS J. PLAVCHAK , PLAINTIFF, AND KIMBERLY R PLAVCHAK DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC R IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; WttA? The Marital Settlement Agreement dated December 20, 2006, shall be incorporated, but not merged, into this Divorce Decree and is enforcable as rder of Court as provided in 23 a. . sir i _ BY THE CO ATTAST: J. PROTHO TARY l' yi?? ? ? /' ! ?? ?z?? ??? ?? ??' ?? `.???? ? ? ,fir ?? ? `` __ ?'? ? ?? ? e ? ? ,? . 2:1 i // L /? r. s Johnson, Duffle, Stewart & Weidner By: Mark c. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, Plaintiff V. KIMBERLY R. PLAVCHAK, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. d G- S6 -21 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Douglas J. PLAVCHAK, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Kimberly R. PLAVCHAK: 1. The Plaintiff is Douglas J. PLAVCHAK an adult individual, residing at 1314 Abington Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff's Social Security Number is 192-50-1993. 2. The Defendant is Kimberly R. PLAVCHAK, an adult individual, residing at 2 Lenox Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant's Social Security Number is 160-64-7436. 3. The Plaintiff and Defendant were married on June 4, 1993, in Winchester, Virginia. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The parties separated on or about March 31, 2006. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. JOHNSON, DUFFI_?, STEWART & WEIDNER By: c-?- Mark . Duffie 283979 VERIFICATION I, DOUGLAS J. PLAVCHAK, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: ; 77-0 DOUGLA . PLAY HAK ti r Cv\ ?J Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, Plaintiff V. : KIMBERLY R. PLAVCHAK, Defendant AFFIDAVIT CIVIL ACTION - LAW IN DIVORCE DOUGLAS J. PLAVCHAK, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, 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 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: ,,OOAX? ?-XOL?4 DOUG S J. P VCHAK Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (?- S(oa f CIVIL TERM L? ? C7 ,Grp Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff DOUGLAS J. PLAVCHAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.06-6G,k CIVILTERM V. CIVIL ACTION - LAW KIMBERLY R. PLAVCHAK, IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, KIMBERLY R. PLAVCHAK, hereby accept service of the Divorce Complaint. I certify that I received a true and correct copy of the Divorce Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the Divorce Complaint. Date: KIMBERLY R. PLAVCHAK Johnson, Duffle, Stewart & Weidner By: Mark C. Duffe I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, Plaintiff V. KIMBERLY R. PLAVCHAK, Defendant AFFIDAVIT CIVIL ACTION - LAW IN DIVORCE KIMBERLY R. PLAVCHAK, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, 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 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. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. b L;?' SC-Z 1 CIVIL TERM Date: KIMBERLY PLAVCHAK Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, Plaintiff V. KIMBERLY R. PLAVCHAK, Defendant Attorneys for Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5621 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on or about September 27, 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. 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. 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: - r DOUG J. P V H , Plaintiff :288934 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, Plaintiff V. KIMBERLY R. PLAVCHAK, Defendant Attorneys for Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5621 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 in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: DOUGL . PLA HA , Plaintiff 288943 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Petitioners DOUGLAS J. PLAVCHAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-5621 CIVIL TERM V. KIMBERLY R. PLAVCHAK, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on or about September 27, 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. 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. 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: 12 1Z 7 D 6 .'k4??d_4 XV- KIMBERLY PLAVCHAK, Defendan :288943 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I . D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, Plaintiff Attorneys for Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5621 CIVIL TERM V. KIMBERLY R. PLAVCHAK, Defendant 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 in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 42 A7 /D? KIMBERLY R PLAVCHAK, Defendant :288943 r Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DOUGLAS J. PLAVCHAK, Plaintiff V. Attorneys for Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5621 CIVIL TERM KIMBERLY R. PLAVCHAK, CIVIL ACTION - LAW Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ??' day of December, 2006 by and between DOUGLAS J. PLAVCHAK, of Mechanicsburg, Pennsylvania (hereinafter "HUSBAND") and KIMBERLY R. PLAVCHAK, of Mechanicsburg, Pennsylvania (hereinafter "WIFE") ; WITNESSETH: WHEREAS, the parties hereto were married on June 4, 1993, in Winchester, Virginia; and WHEREAS, a divorce action was filed by HUSBAND on or about September 27, 2006, in the Cumberland County Court of Common Pleas, and docketed at 06-5621 Civil Term; and WHEREAS, the parties hereto separated on March 31, 2006 ("Date of Separation"); and WHEREAS, there is one (1) child of the marriage: TAYLOR R. PLAVCHAK (born March 28, 1999); and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the - 1 - equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND is represented by Mark C. Duffie, Esquire of Johnson, Duffie, Stewart & Weidner. WIFE is currently unrepresented by counsel. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, 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 or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. At the expiration of the required ninety (90) day waiting period from the date of effective service of the Divorce Complaint OR December 27, 2006, the parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree, as well as any other documentation necessary to finalize the divorce immediately at that time. This Agreement shall remain in full force -2- and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time 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. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. -3- 5. FINANCIAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a Court hold hearing and make decisions on matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, the terms adequately provide for his or her interest, and that this Agreement is not the result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party 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 party or his or her heirs, executors, administrators or assigns in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 6. SEPARATION-INTERFERENCE. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. 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. HUSBAND and WIFE shall not harass, disturb or malign each other or the respective families of each other. -4- 7. DEBTS. HUSBAND represents and warrants to WIFE that since the final Date of Separation he has not and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since the Date of Separation. WIFE represents and warrants to HUSBAND that since the final Date of Separation 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 she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the Date of Separation. 8. RETIREMENT FUNDS. Except as otherwise provided herein, the parties hereto expressly waive any right, title, claim or interest to any retirement fund of the other. This is to include, but not be limited to any 401(k), Profit Sharing Plan, IRA, or other pension fund. HUSBAND has a 401(k) Employee Savings Plan ("ESP") through Wolf's Furniture administered by the Principal Financial Group (Contract Number (3)16231) which has a date of separation balance of $80,860.63. Wife shall receive $30,000.00 from the ESP without regard to gain or loss or the date of separation. WIFE's share of the account shall be paid to her by way of tax free roll over of retirement benefits between spouses as permitted under IRS Regulations. It is expected that WIFE's share of the ESP can be rolled over to her without the necessity of a Qualified Domestic Relations Order. HUSBAND agrees to pay the fee associated with the roll over. In the event a Qualified Domestic Relations Order is needed to effect the equitable distribution plan, it shall be prepared by counsel for HUSBAND. The cost of preparing Qualified Domestic Relations Order shall be shared equally by the parties. -5- 9. LIQUID MARITAL ASSETS. The parties agree that they have no joint bank or credit union accounts and that existing joint accounts and individual accounts have been divided to their satisfaction. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank or credit union account(s) of the other. 10. REAL ESTATE. HUSBAND is the owner of real property known and numbered as 1314 Abington Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. WIFE hereby agrees to waive any and all right, title and interest in 1314 Abington Way and agrees to execute any documentation to give effect to this waiver. WIFE owns real property known and numbered as 2 Lenox Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. HUSBAND agrees to waive any and all right, title and interest in 2 Lenox Court. HUSBAND agrees to execute any documentation to give effect to this waiver. Each party agrees to save the other party harmless from any obligations associated with ownership and occupancy of said properties. All mortgage obligations associated with said properties are in the individual name of the party who has title to the property and those mortgage obligations shall be the obligation of the owner of same and each shall indemnify the other from their mortgage obligation as well as other obligations set forth herein. 11. PERSONAL PROPERTY. Both parties have retained certain items of personal property and each, by execution hereof, is satisfied with those items of personal property that they have received. Each party agrees that the present distribution of the personal property and household goods is, under the circumstances, -6- fair and equitable. HUSBAND and WIFE agree that neither shall seek further distribution of the household goods or personal property in the possession of either party. 12. AUTOMOBILES. A. HUSBAND is the title owner of a 2003 Toyota Corolla, which shall be property of HUSBAND. HUSBAND shall indemnify and save WIFE harmless of any obligations associated with ownership of the same. B. HUSBAND is the title owner of a 2003 Toyota Camry. WIFE shall possess and be the primary driver of said automobile for a period of six (6) months. At the expiration of said six (6) months, WIFE shall finance the 2003 Toyota Camry in her name alone or trade it in on a replacement vehicle. Until such time as WIFE finances the Camry, WIFE agrees be responsible and to hold HUSBAND harmless with respect to said obligation. 13. SUPPORT. HUSBAND agrees to pay $750.00 per month in child support, for the support and maintenance of the minor child, Taylor R. Plavchak, on the first date of each month, beginning on January 1, 2007 and terminating on June 1, 2017. This shall be paid directly by HUSBAND to WIFE and not through the county domestic relations office. Except as otherwise set forth herein, both parties waive any claims for past, present or future spousal support, alimony pendente lite, or alimony. Unreimbursed medical expenses of the minor child shall be shared equally by the parties. Notwithstanding the foregoing, should WIFE obtain an increase in the current child support obligation provided herein through the county domestic relations office or otherwise, WIFE agrees to pay to HUSBAND an amount equal to the increase in child support in the form of alimony. 14. LIFE INSURANCE POLICIES. HUSBAND and WIFE agree to retain their own life insurance policies and reserve the right to change the beneficiary as they so choose. HUSBAND relinquishes all right, title and interest in -7- WIFE'S insurance policy and WIFE relinquishes all right, title and interest in HUSBAND'S insurance policy. 15. TAXES. The parties hereto warrant and represent that they will file separate individual income tax returns, whether filing singly or married filing separately, for the tax year 2006. Beginning in 2006 and for every even year thereafter, WIFE shall claim their minor child, Taylor R. Plavchak as a dependant on her tax return. Beginning in 20075kd fYr every odd year thereafter, HUSBAND shall claim their minor child, Taylor R. Plavchak as a dependant on his tax return. 16. HEALTH INSURANCE. HUSBAND shall continue to cover WIFE'S major medical insurance until such time as a decree in divorce is entered. Following the date of decree, WIFE will be responsible to provide her own healthcare and major medical insurance. HUSBAND will continue to cover the minor child,Taylor R. Plavchak, on his insurance policy solely at his cost, until such time as the child reaches the age of majority. 17. COOPERATION. HUSBAND and WIFE shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that there is a dispute regarding the Agreement and either party breaches any provisions of this agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses of the other party in the absence of a written demand to cure the breach -8- provided to the counsel of record or to the party alleged to be in breach at their last known address. Demand shall be adequate if it is sent via certified mail to the alleged breaching party, or by regular U. S. mail to counsel of record, and provides at least fourteen (14) calendar days for compliance. For purposes of this provision, and in absence of notice to HUSBAND to the contrary, the presumptive correct address for notice to the WIFE shall be: DOUGLAS J. PLAVCHAK 1314 Abington Way Mechanicsburg, PA 17050 For purposes of this provision, and in absence of notice to the WIFE to the contrary, the presumptive correct address for notice to the HUSBAND shall be: KIMBERLY R. PLAVCHAK 2 Lenox Court Mechanicsburg, PA 17050 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; -9- (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; and (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. VOID CLAUSES. 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. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 24. MODIFICATION. No modification of this Agreement shall be valid or enforceable unless it is written and executed with the same formality as the original Agreement itself. -10- IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. DOUGLA . PLAVC AK KIMBERLY R. PLAVCHAK :284442 - 11 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On the GU day of k, 2006 before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared DOUGLAS J. PLAVCHAK, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. COMMO WEALTH OF PENNSYLVANIA NOTARIAL SEAL NotaryPublic , CassandraT, Rosenbaum, L oyne Boro., Cumberland County mmission Expires Dec. 4, 2008 Notary Public o Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On the day of Aot"-17? , 2006, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KIMBERLY R. PLAVCHAK, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be er free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Cassandra T. Rosenbaum, Notary Public (-- Lemoyne Boro., Cumberland County My Commission Expires Dec. 4, 2008 Notary Public 284442 Member, Pennsylvania Association of Notaries -12- DOUGLAS J. PLAVCHAK, Plaintiff vs. KIMBERLY R. PLAVCHAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANa CIVIL. DIVISION NO_ 06-5621 CIVIL TERM 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) 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Hand Delivery, September 27, 2006 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: byplaintiff 12/27/2006 ; by defendant 12/27/2006 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: All claims have been settleed pursuant to the Marital Settlement Agreement dated December 20, 2006, which shall be incorporated but not merged into the Divorce e ee. 5. Complete either (a) or (b) 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 of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Herewith Date defendant's Waiver of Notice in 3301 (c) divorce was fled with the Prothonotary: Herewith Att for Plaintif .-- !? Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DOUGLAS J. PLAVCHAK, Plaintiff V. KIMBERLY PLAVCHAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5621 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Douglas J. Plavchak, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation of the Parties. The undersigned represents that Defendant concurs with this Motion. Respectfully submitted, Date: JOH7;7?, IE, STEWART & WEIDNER B,? v v Mel issa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this Q?ay of 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: KIMBERLY PLAVCHAK 2 LENOX COURT MECHANICSBURG, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER Melissa Peel Greevy :327938 ?T'1 ._ a -1 .? "? _,? ray c..? - . ?_; _.r?, /? - I ?? i `..., }} '' M ". ? Douglas J. Plavchak Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Kimberly R. Plavchak NO. 06-5621 Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502. 3. This QDRO applies to the Wolf Furniture Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Douglas J. Plavchak ("Participant") is a participant in the Plan. Kimberly R. Plavchak ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Douglas J. Plavchak 1314 Abbington Way Mechanicsburg, PA 17050 Social Security #: 172-50-1993 Date of Birth: March 24, 1965 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Kimberly R. Plavchak 2 Lenox Court 3 Mechanicsburg, PA 17050 Social Security #: 160-64-7436 Date of Birth: November 8, 1966 QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $30,000.00 of the Participant's vested account balance as of the date of distribution. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. QDRO Page 3 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. QDRO Page 4 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. f OP- Accepted and ordered this day of Judge CONSENT TO ORDER: /?? /6, -, p A ? w y, ple U,.,, L-) /JZ, ?-t"(b )Jf, Pl ' if'P c' an Date Defendant/ ernate Payee Date If L? 4Attevy 2for Plaintiff/ Date Participant WITNESS Attorney for Defendant/ Date Alternate Payee I frq- ur ?77 gaus??? - gO/br/lr .•r,?n {i?