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Home My WebLink About02-2763STEPHEN R. WIRTH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 02-2763 LISA A. WIRTH, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Kathleen Daley, Esquire, am authorized to accept service of the Complaint in Divorce on behalf of my client, Lisa A. Wirth, in the above captioned matter. Date: j '?/?.. 4a. - ? D078 0 C r°v ° - ?? v7 1 ilk T ' ? .7 O ? J, 7 D N rn I _ Ti REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff STEPHEN R. WIRTH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff / _2 V. : NO. oa - a-42 LISA A. WIRTH, : CIVIL ACTION - LAW Defendant . IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you mast 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attornevs for Plaintiff STEPHEN R. WIRTH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. LISA A. WIRTH, : CIVIL ACTION - LAW Defendant . IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambidn ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est'a disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff STEPHEN R. WIRTH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. Qo2 , a'? lp 3 LISA A. WIRTH, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Stephen R. Wirth, an adult individual who currently resides at 5217 East Trindle Road, #15, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Lisa W. Wirth, an adult individual who currently resides at 4305 Woodcrest Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 23, 1981, in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. Plaintiff avers that there are two (2) children of this marriage under the age of eighteen years, namely Laura, age 16, date of birth 8/6/85 and Justin, age 12, date of birth 3/7/90. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during the marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully Submitted, REAGER & ADLER, PC Date: By: RA D ISO CANTOR, ESQUIRE tomey I.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, STEPHEN R. WIRTH, verify that the statements made in this Complaint 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. Section 4904, relating to unsworn falsification to authorities. Date: kvxL STEPHEN R. WIRTH STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2763 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT IN DIVORCE 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. ADMITTED. 7. ADMITTED. 8. DENIED. The marriage between the parties is not irretrievably broken. 9. ADMITTED. 10. DENIED. Defendant does not consent to the execution of an Affidavit of Consent. 11. ADMITTED. WHEREFORE, Defendant respectfully requests your Honorable Court to enter a decree of divorce pursuant to §3301(a)(6) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. ADMITTED. 13. ADMITTED. 14. ADMITTED. 15. ADMITTED. WHEREFORE, Defendant respectfully requests your Honorable Court to equitably divide all marital property and debt. COUNTER CLAIM AND NEW MATTER COUNT II FAULT DIVORCE UNDER §3301L,Z6) 16. Paragraphs one (1) through fifteen (15) of this Answer are incorporated herein by reference. 17. The cause of action and section of the Divorce Code under which Defendant is proceeding is Section 3301(a)(6). Plaintiff has offered such indignities to the Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Defendant respectfully requests your Honorable Court to enter a decree of divorce pursuant to §3301(a)(6) of the Divorce Code. COUNT III ALIMONY 18. Paragraphs one (1) through fifteen (15) of this Answer are incorporated herein by reference. 19. Defendant lacks sufficient property to provide forher reasonable means and is unable to support herself through appropriate employment. 20. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony in Defendant's favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 21. Paragraphs one (1) through fifteen (15) of this Answer are incorporated herein by reference. 22. Plaintiff earns in excess of $150,000 gross per year and has assets which have not yet been ascertained. 23. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 24. Defendant is unable to sustain herself during the course of this litigation. WHEREFORE, Defendant requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT V MAINTENANCE OF LIFE INSURANCE AND BENEFICIARY DECLARATIONS 25. Paragraphs one (1) through fifteen (15) of this Answer are incorporated herein by reference. 26. The Defendant is the beneficiary of various life insurance policies, retirement interests and other benefits as the spouse of the Plaintiff. 27. Any change in this status would be detrimental to the Defendant particularly in the event that Plaintiff were to die during the course of this litigation. WHEREFORE, Defendant requests your Honorable Court to order the Plaintiff to maintain and preserve all policies of insurance, retirement benefits and other instruments which name the Defendant as beneficiary until the divorce is concluded. Respectfully submitted, DALEY LAW OFFICES 1 Date: /3) 6 By: K thleen Carey Daley, Attorney I.D. No. 3007 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant VERIFICATION I verify that the statements made in this Defendant's Answer and New Matter to Plaintiffs Complaint in Divorce are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: ' 0 By: to 'Ann A. (A' iAA Lisa A. Wirth, Defendant ?. G'' C ? 1 4 (V c ? <_:_, c_ , z `? n;?., <: _- -= ..., z ?., ?„ , ,mss ?_ _; -r, :? ?_-, ?? K . , -=v `? O f? -'o R `D -? oQ Vj G o G Q P ?j e b V) ?X 6 c, C-> C _ +v Z+ r Illr -1 1 co c LC ? <l r C-- N ?? Ir ? -1 fJ -G McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile opurdvOmwn.com Attorneys for Plaintiff STEPHEN R. WIRTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LISA A. WIRTH, Defendant NO. 2002-2763 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Stephen R. Wirth, Plaintiff, moves the court to appoint a master with respect to the following claims: () Divorce (X) Distribution of Property () Annulment (X) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by her attorney, Maria P. Cognetti, Esquire. (3) The statutory ground(s) for divorce are 3301(d). (4) The action is contested with respect to the following claims: alimony, alimony pendente lite, distribution of property, support, counsel fees, costs and expenses. (5) The action involves complex issues of law or fact. (6) The hearing is expected to take two days. r Date: September 16, 2005 DA4dx, -D `At ?? P Debra Denison Cantor Attorney for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 1170111 --?? ?=- Pamela L. Purdy Counsel to Plaintiff Dated: September 16, 2005 o S q ° Q T z .r, rm -n m 2r v OT C- w w ? 77M / \ez STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT" OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2763 CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER And now '2005, ? _,Esquire, is appointed master with respect to the following claims:/. BY THE COURT: AmAkON Oq.'" I V r;F,'A7J. NN4 n3 A.;A!ro;') i IJ 00 -£ Wd 6 { d35 SOOZ A't VIWr?4Od 3Hi 40 McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdyCa)mwn.com Attorneys for Plaintiff STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2763 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF STEPHEN R. WIRTH Employer: Page, Wolfberg & Wirth, LLC Address: 5010 East Trindle Road, Mechanicsburg, PA Type of Work: Attorney Payroll Number: n/a Pay Period (weekly, biweekly, etc.): n/a AVERAGE GROSS PAY PER MONTH: See Attached Explanation Itemized Payroll Deductions: " Federal Withholdin : " Social Securi : " Medicare: " Local Wage Tax: " State Income Tax: " Unemployment Tax: " Retirement: " Savings Bonds: " Credit Union: " Life Insurance: " Health Insurance: " Other: (specify) " AVERAGE NET PAY PER MONTH: $23,000' OTHER INCOME: NONE WEEK MONTH YEAR Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Comp. Workmen's Comp. TOTAL OTHER INCOME: TOTAL MONTHLY NET INCOME: $23,000 HOME: WEEKLY MONTHLY YEARLY Mortgage/rent $2,276 Maintenance $ 250 Repairs $ 50 UTILITIES: Electric $ 130 Gas $ 140 Oil n/a Telephone $ 100 Water $ 45 Sewer $ 42 EMPLOYMENT: " Based on eight month's actual and four month's projected pay Public Transportation n/a Lunch $ 200 TAXES: Real Estate $ 375 Personal Property $ 10 Income $1,920 INSURANCE: Homeowners $ 50 Automobile $ 50 Life $ 45 Accident n/a Health Other AUTOMOBILE: WEEKLY MONTHLY YEARLY Payments n/a Fuel $ 50 $ 600 Repairs $ 42 $ 500 Maintenance $ 42 $ 500 Licenses $ 10 $ 100 Registration $ 7 $ 75 Auto Club n/a MEDICAL: Doctor $ 42 $ 500 Dentist $ 67 $ 800 Orthodontist n/a Hospital n/a Medicine $ 84 $1,000 Special needs (glasses, braces, orthopedic devices $ 292 $3,500 EDUCATION: Private school n/a Parochial school n/a College $1,459 $17,500 Religious n/a School lunches n/a Books/misc. $ 167 $2,000 PERSONAL: WEEKLY MONTHLY YEARLY Clothing $ 300 Food $ 400 Barber/hairdresser $ 40 Personal care $ 100 Laundry/dry cleaning $ 20 Hobbies $ 100 Memberships $ 45 CREDIT PAYMENTS: Credit card $2,500 Charge account $ 300 LOANS OR DEBTS: Credit Union n/a MISCELLANEOUS: Household help n/a Child care n/a Cam n/a Pet ex ense n/a Papers/books/magazines $ 100 Entertainment $ 100 Pa TV $ 75 Vacation $ 350 Gifts $ 800 Legal fees $ 500 Charitable contributions $ 250 Religious memberships n/a Children's allowances $ 50 Other child support $2,000 Alimony payments $2,000 Lessons for children n/a OTHER: Donations $ 250 Furnishings for Home $ 125 TOTAL EXPENSES $18,355 VERIFICATION Subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing Income and Expense Statement are true and correct to the best of my information and belief. aLA?/O S hen . Wirth Dated: , / I/ v ?- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 7011 Pamela L. Purdy Counsel to Plaintiff Dated: September 16, 2005 n q G!? a r.'r ! l 7 O 77 W `.O STEPHEN R. WIRTH Plaintiff V. LISA R. WIRTH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 CV 2763 DV CIVIL ACTION - LAW IN DIVORCE INVENTORY OF STEPHEN R. WIRTH PURSUANT TO Pa. R.C.P. 1920.33(a) Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this Inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. (3kom.Al - 81 to h n R. Wirth, Plaintiff Date: September L, 2005 ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ( x) 1 Real property ( x) 2 Motor vehicles (x) 3 Stocks, bonds, securities and options (x) 4 Certificates of deposit (x) 5 Checking accounts, cash ( x) 6 Savings accounts, money market and savings certificates ( ) 7 Contents of safe deposit boxes ( ) 8 Trusts ( ) 9 Life insurance policies (indicate face value, cash surrender value and current beneficiaries) (x) 10 Annuities ( ) 11 Gifts ( ) 12 Inheritances ( ) 13 Patents, copyrights, inventions, royalties (x) 14 Personal property outside the home (x) 15 Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16 Employment termination benefits - severance pay, workman's compensation claim/award ( x ) 17 Profit sharing plans (x) 18 Pension plans (indicate employee contribution and date plan vests) (x) 19 Retirement plans, Individual Retirement Accounts ( ) 20 Disability payments ( ) 21 Litigation claims (matured and unmatured) ( ) 22 MilitaryN.A. benefits ( ) 23 Education benefits (x) 24 Debts due, including loans, mortgages held (x) 25 Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26 Other Revision Date: 9/7/05 Note: Separation Date: 10/18/01 PLAINTIFF'S MARITAL PROPERTY LIST Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person, as of the date this action was commenced. Item No. Description of Property Names of All Owners 1 Citizens Checking account # 610060-472-1 Husband and Wife 2 Citizens Savings account # 6140-216834 Husband and Wife 3 Mellon Bank Checking account #100-011-9287 Husband and Wife 4 Mellon Bank Savings account # 00355-071082 Husband and Wife 5 Citizens Savings account with daughter #6240-994494 Wife and Laura Wirth 6 Citizens Savings account with son #6243-919914 Wife and Justin Wirth 7 15 shares of PP&L stock Wife 8 76 shares of Allegheny Power Systems, Inc. Wife 9 PNC CD #31500030805 Wife 10 Fidelity Rollover IRA #147-615099 Wife 11 Lincoln Annuity #97-9009233 Wife 12 Marital portion of Le Mason Rollover IRA #363-72195 Husband 13 Beverl 401(k) Wife 14 Buchannan Ingersoll 401 k account Husband NON-MARITAL PROPERTY OF WIFE Plaintiff lists all property in which a Wife has a legal or equitable interest that is claimed to be excluded from marital property Item No. Description of Property of All Owners 1 Citizens savings account #6240-995172 Wife 2 Citizens checking account #610063-273-3 Wife NON-MARITAL PROPERTY OF HUSBAND Plaintiff lists all property in which Husband has a legal or equitable interest that is claimed to be excluded from marital property Item No. Description of Property of All Owners 1 Equity interest in Page, Wolfber and Wirth, LLC Husband 2 Equity Interest in PWW Holdings Husband 3 Equity Interest in PWW Consulting, Inc. Husband 4 870 Saw grass Lane, Mechanicsburg, PA Husband 5 2003 Yamaha V-Star 1100 motorcycle Husband 6 Le Mason Page, Wolfber & Wirth LLC 401 k Husband 7 Non-marital portion of Legg Mason Rollover IRA #363- 72195 Husband 8 Commerce Bank checking account # 513327510 Husband 9 Le Mason Roth IRA #363-72920 Husband 10 Ameritrade account #778-991786 Husband 11 Commerce Bank savings account # 626108104 Husband 12 Mid Penn Bank savings account # 9015744 Husband 13 Le Mason IRA #363-07058 Husband 14 GE Life & Annuity Assurance Co. annuity contract #106101192 Husband 15 Legg Mason Page, Wolfberg & Wirth LLC IRA #363- 70322 Husband 15 Legg Mason College Fund f/b/o Justin Wirth account #363-03957 Husband PROPERTY TRANSFERRED Item No. Description of Property Date of Transfer Consideration Person to Whom Transferred 1 4305 Woodcrest Lane, Camp Stipulation in 2003 none Wife Hill, PA 2 1997 Ford Taurus none Wife Stipulation in 2003 3 1999 Dodge Caravan none Wife Stipulation in 2003 LIABILITIES Item No. Description of Liability Names of all Creditors Names of Debtors 1 mortgage Chase Wife 2 personal loan Raphael and E. Jeanne Belford Husband and Wife 3 mortgage CitiMorta e Husband 4 home equity line of credit CitiBank Husband 5 consumer debt Lowes Home Improvement Husband 6 consumer debt Bank of America Husband 7 consumer debt Wells Faro Husband 8 consumer debt Ann Taylor Husband 9 consumer debt Mastercard Husband 10 consumer debt Kohl's Husband CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, P 17011 Pamela L. Purdy Counsel to Plaintiff Dated: September 16, 2005 -n i:r,r v -' o c > 1ID ? ?-, ern McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy(a)mwn.com Attorneys for Plaintiff STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2763 CIVIL ACTION - LAW IN DIVORCE AMENDED INCOME AND EXPENSE STATEMENT OF STEPHEN R. WIRTH Employer: Page Wolfberg & Wirth LLC Address: 5010 East Trindle Road, Mechanicsburg, PA Type of Work: Attorney Payroll Number: n/a Pay Period (weekly, biweekly, etc.): n/a AVERAGE GROSS PAY PER MONTH: See Attached Explanation Itemized Payroll Deductions: Federal Withholdin : Social Securit : Medicare: Local Wage Tax: State Income Tax: Unemployment Tax: Retirement: " Savings Bonds: Credit Union: " Life Insurance: " Health Insurance: " Other: (specify) " AVERAGE NET PAY PER MONTH: $23,000' OTHER INCOME: NONE WEEK MONTH YEAR Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Comp. Workmen's Comp. TOTAL OTHER INCOME: TOTAL MONTHLY NET INCOME: $23,000 HOME: WEEKLY MONTHLY YEARLY Morta e/rent $2,276 Maintenance $ 250 Repairs $ 50 UTILITIES: Electric $ 130 Gas $ 140 Oil n/a Telephone $ 100 Water $ 45 Sewer $ 42 EMPLOYMENT: Based on eight month's actual and four month's projected pay Public Transport ation n/a Lunch $ 200 TAXES: Real Estate $ 375 Personal Propert $ 10 Income $1,920 INSURANCE: Homeowners $ 50 Automobile $ 50 Life $ 45 Accident n/a Health Other AUTOMOBILE: WEEKLY MONTHLY YEARLY Payments n/a Fuel $ 50 $ 600 Repairs $ 42 $ 500 Maintenance $ 42 $ 500 Licenses $ 10 $ 100 Registration $ 7 $ 75 Auto Club n/a MEDICAL: Doctor Dentist - $ 42 - $ 67 $ 500 $ 800 - Orthodontist n/a Hospital n/a Medicine $ 84 $1,000 Special needs (glasses, braces, orthopedic devices $ 292 $3,500 EDUCATION: Private school n/a Parochial school n/a College - $1,459 - $17,500 Religious nla School lunches n/a Books/misc. $ 167 $2,000 PERSONAL: WEEKLY MONTHLY YEARLY Clothing $ 300 Food $ 400 Barber/hairdresser $ 40 Personal care $ 100 Laundry/dry cleaning $ 20 Hobbies $ 100 Memberships $ 45 CREDIT PAYMENTS: Credit card $2,500 Charge account $ 300 LOANS OR DEBTS: Credit Union n/a MISCELLANEOUS: Household help n/a Child care n/a Camp n/a Pet ex ense n/a Papers/books/magazines $ 100 Entertainment $ 100 Pa TV $ 75 Vacation $ 350 Gifts $ 800 Legalfees Charitable contributions $ 500 $ 250 Religious memberships n/a Children's allowances $ 50 Other child support $2,000 Alimony payments $2,000 Lessons for children n/a OTHER: Donations $ 250 Furnishings for Home $ 125 TOTAL EXPENSES $18,355 Explanation of Income: 2005 for Stephen R. Wirth Prepared 9-11-05 Explanation My income fluctuates tremendously month-to-month. Our firm is unique as we offer both traditional legal services and several legal "products"---training manuals and videotape training programs for ambulance and emergency medical service providers. These products make up about 40% of the firm's income. A substantial part of our income in the last four years has been related to the federal privacy law, HIPAA. We produced training materials for HIPAA that ambulance services were essentially obligated to purchase since the law required that they conduct HIPAA training. HIPAA has been a "unique windfali" for our firm. The privacy regulations of HIPAA went into effect in April 2003, and the security regulations of HIPAA went into effect March 2005. We were fortunately able to capitalize on the need for education under that new law over several years because of the phased in approach of the regulations. But now the HIPAA boom is over. Sales of our products have been reduced tremendously. There was a surge for products in early 2005 (due to the impending security regulations for HIPAA) but that surge has evaporated into just periodic sales. There are no other laws in the hopper that would require our clients to purchase training products or to otherwise cause a similar high demand. I expect my income to be far less in the final quarter of 2005 as compared to the first two quarters as a result of dwindling product sales: And there are no new products we have that would generate the demand that our HIPAA training materials generated. Income from the Firm I am one of two equity partners in Page, Wolfberg & Wirth, LLC. My partner and I take periodic "draws" from the firm's checking account as the account balance permits. There is no regular date of each month these draws are taken, and in some months there may be only one draw (as was the case in March 2005). Usually there are two draws per month. The amount and timing of each draw is agreed upon by the two of us, and we generally keep at least $30,000 in the account to pay bills. There are no taxes withheld, and I make income tax payments (federal and state) which amount to $ 22,200 each quarter. The following table depicts my draw history for 2005 up through and including September 9, 2005: MONTH DRAW DATES AND TOTAL EACH COMMENTS AMOUNTS MONTH January 1/3/05 $ 10,000 $ 24,000 Heavy volume of 1/14/05 14,000 sales for HIPAA training video February 2/1/05 6,500 29,000 Heavy volume of 2/14/05 7,500 sales for HIPAA 2/24/05 15,000 training video March 3/10/05 10,000 10,000 HIPAA Security Rule implemented April 4/5/05 12,500 77,000 Large draws to 4/12/05 60,000 pay income taxes 4/29/05 77,000 for 2004 and first quarter 2005 in amount of $56,548 May 5/13/05 6,000 16,000 5/25/05 10,000 June 6/13/05 6,000 11,000 6/20/05 5 000 July 7/5/05 12,000 19,500 7/25/05 7 500 August 8/11/05 61000 14,000 8/26/05 3 000 Additional Income The only other income I receive is from our consulting company, PWW Consulting, Inc. This firm has one employee, and my partner and I provide consulting and administrative support to that company. I receive a traditional paycheck (which includes deductions for taxes) from that company in the amount of $ 500 per month, for gross income of $ 4,000 year to date. 2 VERIFICATION Subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing Income and Expense Statement are true and correct to the best of my information and belief. IOMMA't? S hen . Wirth Dated: C?l1 I/ P CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 17011 t? eanne M. Barnhart Dated: September 21, 2005 N 1C) v't I STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2763 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO SUBSTITUTE CERTIFICATE OF SERVICE Please substitute the attached Certificate of Service, dated September 20, 2005, for the original Certificate of Service, dated September 16, 2005, attached to the Income and Expense Statement of Stephen R. Wirth in the above-captioned action. MCNEES W/?A?LLACE? & NNURICK LLC By: U/?l?-G-'p, E= Debra Denison Cantor, Esquir I.D. #66378 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) Attorneys for Plaintiff, Stephen R. Wirth Dated: September 21, 2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 17011 D I Counsel to Plaintiff Dated: September 20, 2005 h? C u7 N J. N ?%= IV µ' W T --t m? n ` C7 --G STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2763 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO SUBSTITUTE CERTIFICATE OF SERVICE Please substitute the attached Certificate of Service, dated September 20, 2005, for the original Certificate of Service, dated September 16, 2005, attached to the Motion for Appointment of Master in the above-captioned action. MCNEES WA20ttL LLACE & NURICK LLC By: Deb ra Denison Cantor, Esqui I.D. #66378 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) Attorneys for Plaintiff, Stephen R. Wirth Dated: September 21, 2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 17011 7 D ra D." n r Counsel to Plaintiff Dated: September 20, 2005 r c-> ti ? °, c. ? i;'' ' to ric 1-n n'r , .' _cr `?[. N N C ? O ?:. T _""? ?.? ?? - ? ?!h N '' ?- r STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2763 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO SUBSTITUTE CERTIFICATE OF SERVICE Please substitute the attached Certificate of Service, dated September 20, 2005, for the original Certificate of Service, dated September 16, 2005, attached to the Inventory of Stephen R. Wirth in the above-captioned action. MCNEES WALLACE & NURICCKK LLC By: Put" 1 Debra Denison Cantor, Esqui I.D. #66378 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) Attorneys for Plaintiff, Stephen R. Wirth Dated: September 21, 2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 17011 1 L.11 Debra D' C r Counsel to Plaintiff Dated: September 20, 2005 (} ca C? N J ' N <?_? CJ S ri 7 rn G -C ? McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy(a)mwn.com Attorneys for Plaintiff STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2763 CIVIL ACTION - LAW IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: Please be advised that Plaintiff Stephen R. Wirth intends to proceed on his claims for divorce against Defendant Lisa A. Wirth. McNEES WALLACE & NURICK LLC By tee. Pamela L. Purdy Counsel to Plaintiff Dated: October 11, 2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of Plaintiffs Reponses to Defendant's Second Set of Interrogatories was served by first- class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp HilVi?A 17011 Pamela L. Purdy Counsel to Plaintiff Dated: October 11, 2005 ? ? > -? C,:: c ri k l' 'T ^' r N -ii /i.. ? .I''ki i -? ?=< a_ C? MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant STEPHEN R. WIRTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LISA A. WIRTH, Defendant NO. 02-2763 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Defendant, Lisa A. Wirth, by and through her attorney, Maria P. Cognetti, Esquire, files the following Pre-Trial Statement: TABLE OF CONTENTS 1. Background Information II. Listing of Marital Assets and Debts III. Listing of Personal Property IV. Listing of Non-Marital Assets V. Pensions VI. Income and Expenses VII. Counsel Fees and Costs VIII. Expert Witnesses IX. Non-Expert Witnesses X. Listing of Proposed Exhibits XI. Proposed Resolution BACKGROUND INFORMATION A. PARTIES HUSBAND NAME Stephen R. Wirth ADDRESS 870 Sawgrass Lane Mechanicsburg, PA AGE 47 DATE OF BIRTH September 17, 1958 PLACE OF BIRTH Danville, New Jersey SOCIAL SECURITY NUMBER 265-39-0041 HEALTH Good EMPLOYER Page Wolfberg & Wirth, LLC OCCUPATION Attorney LENGTH OF RESIDENCY IN PA 30 years plus EDUCATIONAL BACKGROUND Post graduate WIFE NAME Lisa A. Wirth ADDRESS 4305 Woodcrest Lane Camp Hill, PA AGE 46 DATE OF BIRTH March 4, 1959 PLACE OF BIRTH Harrisburg, Pennsylvania SOCIAL SECURITY NUMBER 194-38-0852 HEALTH Good EMPLOYER West Shore Health and Rehab OCCUPATION Nurse - R.N. Assessment Coordinator LENGTH OF RESIDENCY IN PA 46 years EDUCATIONAL BACKGROUND College B. CHILDREN NAME AGE DATE OF BIRTH CUSTODIAN Laura Wirth 20 August 6, 1985 N/A Justin Wirth 15 March 7, 1990 Wife C. MARRIAGE INFORMATION DATE OF MARRIAGE May 23, 1981 PLACE OF MARRIAGE New Cumberland, PA DATE OF SEPARATION November 1, 2001 CIRCUMSTANCES OF SEPARATION hretrievable Breakdown D. PRIOR MARRIAGE WIFE N/A HUSBAND NA E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES WIFE N/A HUSBAND N/A F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED June 6, 2002 DATE OF SERVICE OF COMPLAINT June 10, 2002 MANNER OF SERVICE OF COMPLAINT Service accepted by Defendant's Attorney Kathleen Daley. ISSUES RAISED IN DIVORCE Divorce and Equitable Distribution COMPLAINT DATE AMENDED COMPLAINT N/A FILED ISSUES RAISED IN AMENDED N/A COMPLAINT DATE OF FILING OF ANSWER July 22, 2002 AND/OR COUNTERCLAIM ISSUES RAISED IN Fault Divorce, Alimony, Alimony COUNTERCLAIM Pendente Lite, Counsel Fees, Costs and Maintenance of Life Insurance and Beneficiary Designations BIFURCATION N/A PREVIOUSLY RESOLVED ISSUES 2003 Stipulation divided a portion of the marital property. (See attached.) IL MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: ITEM DESCRIPTION TOTAL H J W COMMENTS NO. VALUE - 1. n 771 1 Tj IEstatL a GIIIIIIIi,' 1 77 77777777 s:ti i { ,t. ,. LA No marital real Transferred pursuant to parties' 2003 property. Stipulation. ty(???'y?y CC Ii I ;iIi t a (???NI{? ,.u{iEitt 77-7 IGti I',3, (, i'i AI IiII Iiii ?i1 I0 7.?? i , 1r,M M1+ ?, I, ii 2.A 1997 Ford Taurus X X Currently in the possession of the parties' daughter at college. 3...,: Aeeo* . 3.A Citizens Checking $1,532.67 X X As of 12124/02. Was Mellon Bank #610060-472-1 during the marriage. 3.B Citizens Savings $2,498.70 X X As of 12,124/02. Was Mellon Bank 46140-216834 during the marriage. ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 3.C Commerce Bank $26,384.39 X As of 5/14/04. checking #513327510 3.1) Commerce Bank $2,572.03 X As of 4/30/04. Balance on 2/28/03 was savings #626108104 $105,129.70. 3.E Mid Penn Bank Money $1,026.81 X As of 5/15/04. Balance on 11/14/03 Market 99015744 was $94,617.47. 3.17 Pittsburgh Central $1,425.43 X As of 10/15/01. Federal Credit Union Savings #18417 4. 'I RetrOtit and • ins I? ?7; °;I, n? u) ,n? +i{ ?I?i?il ai H I S Tnvest?Yht Accutjts ri i;tl, . ? P l EI I ;r I 4.A Beverly 401(k) $34,853.25 X As of 10/5/05. Balance on 12/31/02 #JK61229 00001 was $7,765.94. 4.13 Increase in value of $768.30 X As of 11/22/05. PNC CD 931500030805 4.C Fidelity Rollover IRA $3,398.30 X As of 6/30/04. #147-615099 4.13 Lincoln Annuity $1,177.09 X As of 3/31/04. 403(b) #97-9009233 4.E Buchanan Ingersoll $5,344.36 X As of 3/31/05. 401(k) account #004100 4.17 Legg Mason - Page, $17,615.44 X As of 12/31/03. Wolfberg & Wirth LLC 401(k) 4.G Legg Mason Rollover' $8,276.00 X As of 4/30/04. Balance on 11/30/01 IRA #363-72995 was $7,705.26. i Husband's Legg Mason accounts were funded through automated debits from the parties' joint checking account during the marriage. Subsequent to the parties' separation the automated debits continued for an additional 6 to 9 months even though the account became Wife's separate account. ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 4.H Legg Mason Roth IRA $24,344.00 X As of 4/30/04. Balance on 11/30/01 #363-72920 was $22,080.08. 4.1 Legg Mason IRA $21,955.00 X As of 4/30/04. Balance on 6/30/01 was #363-07058 $7,940.03. 4.J Legg Mason Preferred $8,088.75 X As of 12/31/03. Contract effective date Account #363-07058 2/15/99. containing GE Life & Annuity Assurance Co. annuity contract 4T06101192 4.K Legg Mason - Page, $30,955.00 X As of 4/30/04. Wolfberg & Wirth LLC IRA #363-70322 4.1- Legg Mason College Unknown X Husband has provided no fund f/b/o Justin Wirth documentation of this account. #363-03957 4.M Mass Mutual Variable $15,542.30 X As of 9/30/98. Annuity #048890 5 a :i StAGI€S 117, . i 5.A Growth of 15 shares of $53.10 X Stock was trading at $28.91 per share PP&L Stock on 11115/05 and at $25.37 on 2/2/96. 5.13 Growth of 76 shares of ($242.44) X Stock was trading at $26.68 per share Allegheny Power on 11/15/05 and at $29.87 on 2/2/96. Systems Stock 5.C Ameritrade account $7,304.00 X As of 5/28/04. #778-991786 6 . usinessp h a. , 71 ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 6.A. Page, Wolfberg & $130,000.0 X Valuation dated 7/4/05 by Gregory A. Wirth, LLC 0 Crumling of Beard Miller Co., LLP. - PWW Holdings The business has since obtained the - PWW Consulting, building in which they reside which Inc, could effect the value of the business. 7.A First Colony Life None X Policy effective date 9/1/98. Policy Insurance 45187428 does not have a cash value until after the expiration of the 15 year term 7.13 First Colony Life None X Policy effective date 9/1/98. Policy Insurance 95187430 does not have a cash value until after the expiration of the 15 year term ( ?? ? `?°` ??i { ail ?I ! 3 ??I ???qII ?l. ????? qq ??? ?3?? {tt }Ai 1?' ?It 4si?tt?F •?}(( (i(( ?a It ? V ? tr. ?N?i t???Ip tt j i ' Iii }{Ii ?'ifin. € E 44 (lift{II gilt 1 ` ?'i? it? 7 ?r i?? ??) ??j ?11 {{11 jj i:'{{ it hi3 fl.!(t ?: ? i ('? ? 1 e t 8.A US Airways Dividend Unknown X 43,553 miles as of 7/6/01. Miles (f IIII( (f?? 3Nf ( i£I?E1;14t{ y ? If?,?;l I ? I2}, ?l?l. : ? !i i III 3iiii 9.A Personal Loan from $3,000.00 X X Raphael and E. Jeanne Belford 9.13 Bank of America Visa $617.61 X As of 10/6/01. Credit Card 9.C Capital One $913.12 X As of 11/19/02. Mastercard 9.D MBNA Mastercard $2,278.14 X X As of 10/15101. III. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION VALUE Personal property has been divided in kind. ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE Personal property has been divided in kind. IV. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: No. Description Basis of Exclusion Owner 1. Citizens savings #6240- Post-separation Wife 995172 2. Citizens checking Post-separation Wife 9610063-273-3 3. 15 shares ofPP&L Stock Inheritance Wife 4. 76 shares of Allegheny Inheritance Wife Power Systems Stock 5. 1999 Dodge Caravan Transferred by Wife Agreement 6. 2003 Yamaha V-Star Post-separation Husband 1100 Motorcycle 7. Citizens Savings #6240- PUTMA for Wife 994494 Daughter 8. Citizens Savings #6243- PUTMA for Son Wife 919914 9. 4305 Woodcrest Lane Transferred to Wife Wife Mechanicsburg, PA by 2003 Agreement of the parties. 10. PNC CD 931500030805 Purchased with Wife Inheritance V. PENSIONS The following is a listing of the pensions of the parties: PARTY DESCRIPTION Husband Husband has no pension accounts. 401(k), IRAs and other investment accounts are listed above. Wife Wife has no pension accounts. 401(k), IRAs and other investment accounts are listed above. VI. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income Net Monthly Income $23,000.00 Monthly Expenses $18,355.00 Wife Gross Monthly Income $5,095.97 Net Monthly Income $3,861.11 Monthly Expenses $6,312.00 VII. COUNSEL FEES The following is a listing of the counsel fees and expenses incurred, or to be incurred by the parties: PARTY DESCRIPTION DATES AMOUNT Husband Counsel Fees Costs Anticipated Fees and Costs Wife Counsel Fees $20,090.00 Costs (Business evaluation) $7,755.00 Anticipated Fees and Costs $10,000.00 VIII. EXPERT WITNESSES case: The following is a listing of the anticipated experts who will be called to testify in this NAME SUBJECT TO TESTIMONY A Real Estate Appraiser Value of various real properties owned by the parties. A Pension Appraiser Growth of marital share of various investment and retirement accounts. Personal Property Appraiser Value of the parties' personal property. Business Appraiser Value of Husband's businesses. Additional experts who may be called to testify are not known at this time. If such additional experts are retained, Defendant the reserves the right to call them as witnesses upon proper notification to the Plaintiff. IX. NON-EXPERT WITNESSES NAME SUBJECT TO TESTIMONY Lisa A. Wirth History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Stephen R. Wirth, as of cross History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, the Defendant reserves the right to call them as witnesses upon proper notification to the Plaintiff. X. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1 Plaintiff's W-2 Statements and Tax Returns for the past 3 years. 2 Defendant's Income and Expense Statement. 3 Defendant's Counsel Fees Statements. 4 Defendant's W-2 Statements and Tax Returns for the past 3 years. 5 Appraisals of various marital real properties. 6 Statements for all Certificates of Deposit. 7 DOS Statements for all bank accounts/credit cards/lines of credit. 8 Statements for all investment/pension/retirement accounts. 9 Statements of Kelley Blue Book values on the parties' vehicles. 10 Statements for all whole life insurance policies. 1 I Valuation reports for all pensions/investment and retirement accounts. 12 Valuation reports for all businesses. 13 Statements for Husband's frequent flyer miles. If additional exhibits are identified, Defendant reserves the right to submit additional Exhibits upon proper notification to Plaintiff. XL PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION - 60/40 split of marital assets in favor of Wife. B. ALIMONY - Post-Divorce Alimony for an indefinite duration at the current rate of $3,380.00 per month. C. COUNSEL FEES AND COSTS - Husband to contribute to Wife's counsel fees in the amount of $25,000.00. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: November 23, 2005 By: MARIA P. CO(jNE)TTI, ESQUIRE Attorney I.D. No.` 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant pr_ni 1Ji GPJCU 1 G 11 ! 1 : L.]LYJLOO STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant GI<UN I L"YUr r I?,t' Y0? U_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 02-2763 CIVIL TERM IN DIVORCE STIPULATION OF THE PARTIES AND NOW, come the above-captioned parties and their respective counsel of record, and hereby stipulate and agree as follows: 1. The parties are the joint owners of a marital residence at 4305 Wooderest Lane, Camp Hill, Cumberland County, Pennsylvania, where Defendant, LISA A. WIRTH, resides with the minor children of the parties. 2. Plaintiff, STEPHEN R. WIRTH, wishes to purchase another residence for himself and has proposed to transfer the aforesaid marital residence to Defendant as part of her equitable distribution of marital property. 3. In order to facilitate Plaintiff's purchase of a new residence for himself, he has asked Defendant to refinance the existing mortgage in order to release Plaintiff from any further liability thereon. 4. Defendant shall promptly apply for a mortgage in her individual name to satisfy in full the existing joint mortgage and to obtain Plaintiffs release from any UU%15!LLI U-3 1'2: 11 ?1;'L3Lb'L55 SHUN I LAWUF F IUL5 YAUt hµ liability thereon. 5. Plaintiff will be solely responsible for payment of any and all application expenses and closing costs or expenses incurred by Defendant in connection with the refinancing of the mortgage. 6. The parties will execute a Deed for delivery for recording at the settlement on Defendant's said refinancing, transferring sole and absolute ownership of the said property to Defendant. 7. The parties, agree that the net equity in the marital residence, calculated as set forth hereinafter, shall thereafter be Defendant's sole and separate property, to be credited to her as part of her equitable distribution of marital assets. 8. The fair market value of the marital residence shall be determined by the appraisal obtained in conjunction with Defendant's refinancing of the mortgage, and the net equity shall be calculated by deducting from that fair market value the payoff due on the mortgage at the refinancing settlement. 9. Defendant hereby waives any right, title, and interest that she may have in any residence purchased by Plaintiff. Defendant specifically acknowledges that she waives any marital equitable interest that she tray have in said property, and Plaintiff shall own said property free and clear of any claims of Defendant. Defendant shall promptly execute and deliver to Plaintiff any spousal waivers or other documents as may be required to confirm her waiver of any claim or interest in any new residence which Plaintiff seeks to purchase. -2- L'U!15/'_/003 1L: 11 rl('23''20'255 SNUNIl.AWUFF1CES - HA(-,t Un 10. The transfer to Defendant absolutely of the title to the former marital residence and the refinancing of the joint mortgage obligation to a mortgage obligation in Defendant's individual name shall not impact in any way the Plaintiffs obligation for payment of spousal support, alimony pendente lite, or child support, including any mortgage contribution calculation pursuant to the Pennsylvania Support Guidelines. It is specifically acknowledged and agreed by the parties that the advance distribution of the residence as described herein is for Plaintiffs benefit in order to facilitate his purchase of a new residence, and it shall in no way prejudice either party. V rrL S E HEN R. WIRTH, plaintiff LISA A. WIRTHH, Defendant REAGER & ADLER, PC By, ,?D EN ON CA R, ESQUIRE fAttorn? or P stiff CONSTANCE P. BRUNT, ESQUIRE Attorney for Defendant -3- CERTIFICATE OF SERVICE 1, Maria P. Cognetti, Esquire, Attorney for Lisa Wirth, Defendant, herein, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire MCNEES, WALLACE & NURICK, LL C. 100 Pine Street, P. 0. Box 1166 Harrisburg, PA 17108-1166 Date: November 23, 2005 MARIA P. COGNETTI & ASSOCIATES By: -?. MARIA P. 2N TTI., ESQUIRE COGN TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant . I 1 f.: ?t STEPHEN R. WIRTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-2763 LISA A. WIRTH, 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 June 6, 2002. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. •Stephen R. Wirth Date: October , 2006 r-? C? °?^ Ca ??, ?t ?`?,. ' ? ..? ? . d ? ?? ? STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2763 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 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. Section 4904 relating to unsworn falsification to authorities. ephen RR. Wirth Date: October J , 2006 `t3 rn O ? ? 2 .._. 78 ; c G. ? ?J L STEPHEN R. WIRTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-2763 LISA A. WIRTH, 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 June 6, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. 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: / o// a/.' 6, CXk ??? Lisa A. Wirth Cl) o `r -n7 p m ?78 CI3._-` tC1 ? t 3c ?Jo STEPHEN R. WIRTH, Plaintiff V. LISA A. WIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2763 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: / 0// 02/0 (o C ?? Lisa A. Wirth cqt d STEPHEN R. WIRTH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 2763 CIVIL LISA A. WIRTH, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2006, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 5, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: /Debra Dension Cantor Attorney for Plaintiff /aria P. Cognetti Attorney for Defendant v Edgar B. Bayley, P.J. f -J LA LU L# J N _ LL i C? ?? i MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ,:; ?r- day of October, 2006, by and between STEPHEN R. WIRTH, 870 Sawgrass Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and LISA A. WIRTH, 4305 Woodcrest Lane, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on May 23, 1981 in New Cumberland, Cumberland County, Pennsylvania, and are the parents of the following children: Name Justin Wirth Laura Wirth Date of Birth March 7, 1990 August 6, 1985 WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and 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, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Husband, and Maria P. Cognetti, Esquire, of Cognetti & Associates, for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, custody, spousal and child support, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the -2- Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and -3- liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. An action in divorce has been filed in Cumberland County, Pennsylvania at 2002-2763. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice concurrently with the execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. -4- 5. EQUITABLE DISTRIBUTION. 5.1. The parties agree that for purposes of equitable distribution each party shall retain the assets specifically identified on Exhibit "A" which is incorporated herein by reference. Husband hereby sets over, transfer and assigns to Wife all property provided to her on Exhibit "A." Husband sets over, transfers and assigns to Wife any and all of his title, claim and interest to the assets provided to her in Exhibit "A." 5.2. The parties agree that the sum of $65,000 shall be transferred to Wife from Husband's retirement fund(s). Wife shall open a tax-deferred account and the transfer shall be effectuated in a manner that shall not cause the funds to lose their tax- free status. The parties agree that if a Qualified Domestic Relations Order (hereinafter "QDRO") shall be required, the parties shall equally share the cost of preparation. In the event that the parties are unable to effectuate the transfer within sixty (60) days of the date of the execution of this Agreement, Wife shall be entitled to the sum of 6% interest per annum on this amount until such time as the transfer is affected. 5.3. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. -5- 5.4. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.5. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.6. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of -6- assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 5.7. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, -7- and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.8. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting there from, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.9. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting there from, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.10. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. -8- Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.11. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in -9- 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. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE. Wife shall be entitled to receive alimony as follows: 1. Beginning November 1, 2006 and continuing until October 30, 2008, Wife shall receive $3,800 per month. 2. Beginning November 1, 2008 and continuing until October 30, 2012, Wife shall receive $3,500 per month in alimony. 3. Beginning on November 1, 2012 and continuing until October 30, 2016, Wife shall receive alimony in the amount of $2,500 per month. Thereafter the parties do hereby acknowledge that inflation may increase or decrease income or assets, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the -10- execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting there from, including counsel fees and costs. This alimony shall be taxable to Wife as income and deductible to Husband for tax purposes. The alimony shall terminate upon the remarriage or co- habitation of Wife, or the death of either party. In the event that life insurance coverage at the time of Husband's death is insufficient to pay the remaining alimony obligation, said obligation shall be a debt of Husband's estate. In the event the life insurance benefit made payable to Wife at the time of Husband's death is greater than the remaining alimony obligation, Wife shall waive the benefit or repay the estate the overage. Husband agrees to maintain life insurance in an amount sufficient to pay to Wife the remaining gross obligation on the alimony award. This amount shall decline annually based on the alimony paid by Husband. At the end of the alimony obligation, Wife shall have no additional right to be listed as the beneficiary on Husband's life insurance policy. Husband shall provide to Wife proof of her beneficiary designation on an annual basis upon her request. -11- This alimony award shall be non-modifiable as to the term. It shall be modifiable as to the amount only in the event that Husband should become disabled. In the event that Husband becomes disabled, the Court may utilize any and all income of the parties, including disability income, in re-calculating alimony. Husband agrees to maintain disability insurance at his current rate. Upon request, Husband shall provide to Wife proof of the maintenance of the disability insurance on an annual basis. 7. COLLEGE EXPENSES: The parties' children either currently attend college or plan to attend college. Husband and Wife recognize the importance of education and wish to financially provide for this opportunity. Husband agrees to pay 2/3 of the college expenses for the children and Wife shall pay 1/3. College expenses include tuition, room and board, and books. This obligation is limited to a four-year education alone, and the parties shall only be obligated to pay these expenses as long as the children earn no less than a C average. 8. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 9. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall -12- include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 14. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: -13- Stephen R. Wirth 870 Sawgrass Lane Mechanicsburg, PA 17050 and to Wife, if made or addressed to the following: Lisa A. Wirth 4305 Woodcrest Lane Camp Hill, PA 17011 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 15. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 17. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 18. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of -14- convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 19. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 20. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. 21. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. -15- 22. CONTRACT INTERPRETATION. For purposes of contract interpretation, it shall be presumed that both parties and their counsel were involved in the drafting of this Agreement. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS WIT ES S Ph 6n R. Wirth/ ??? ?? Lisa A. Wirth -16- COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared STEPHEN R. WIRTH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October , 2006. Notary Public NOMAML ?At cw0atc CRAM ratvrum NOMM WA MA WAND CCVW Mqr Car?nMNlon epM.. Nov !3, ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN BEFORE ME, the undersigned authority, on this day personally appeared LISA A. WIRTH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of October, 2006. r Notary Public NOTARIAL SEAL DEBRA A. PIKE, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN CO. MY COMMISSION EXPIRES OCT. 24, 2009 i , McNEES WALLACE & NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile dcantor(a-)-mwn.com STEPHEN R. WIRTH, Plaintiff LISA A. WIRTH, V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2763 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: first-class U.S. Mail upon counsel for Defendant with an Acceptance of Service form, mailed on June 7, 2002. An Affidavit of Service was filed on June 10, 2002. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: October 5, 2006; by Defendant: October 12, 2006. Both Affidavits were filed on October 19, 2006. 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: October 19, 2006. Date Defendant's Waiver of Notice was filed with the Prothonotary: October 19, 2006. MCNEES WALLACE & NURICK LLC By - 6 o I -it - ? Debra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Stephen R. Wirth Date: October 30, 2006 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 17011 Attorneys for Plaintiff Dated: October 30, 2006 ? ? ? ? r ., r -. i^ :? . `s ...- -; y v: C,? ..G. .?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OIL STATE OF l PENNA. i? STEPHEN R. WIR Plaintiff No. 02- VERSUS LISA A. WIRTH, Defendant DECREE IN DIVORCE AND NOW, kni t , Z.4-06., IT IS ORDERED AND DECREED THAT Stephen R Wirth , PLAINTIFF, AND Lisa A. Wirth DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; E A ??- .ta Stephen R. Wirth Plaintiff VS. V 0 S20DA/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE Lisa A. Wirth NO. 2002-2763 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 Page, Wolfberg & Wirth 401(k) and Profit Sharing 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. Stephen R. Wirth ("Participant") is a participant in the Plan. Lisa A. Wirth ("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: Stephen R. Wirth 870 Sawgrass Lane Mechanicsburg, PA 17050 Social Security #: 265-39-0041 Date of Birth: September 17, 1958 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Lisa A. Wirth 4305 Woodcrest Lane Camp Hill, PA 17011 Social Security #: 194-38-0852 Date of Birth: March 4, 1959 "qV11'MN3d AlNno o r s.}sr; ?i Z0 :Z Wd C ! AON LOCI Awl. 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 vested account balance payable to the Alternate Payee under this QDRO is $65,000.00 together with'interest at the rate of 6% per year, compounded annually, from October 5, 2006, to 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 .a QDRO Page 3 and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 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. Accepted and ordered this day of 1}x'1 t,\, e, b? Z. 6 61 CONSENT TO ORDER: o-7 Pl tiff/Participant Date 17 Att e laintiff/ Date Participant Defendant/Alternate Payee a/?Wz - 101?.y o7 Attorne or efe dart/ Date Alternate Paye BY THE COURT