Loading...
HomeMy WebLinkAbout01-2266 FX .~ . .. IN THE COURT OF COMMON PLEAS . . . OF CUMBERLAND COUNTY . . . STATE OF PENNA. . . . HELEN ELYKAUFFMAN, . Plaintiff No. 01-2266 CIVIL TERM . VERSUS . . . . CLINTON E. KAUFFMAN, Defendant . . . . . . . DECREE IN DIVORCE NOW'-PJ,~ d, . . . . . it .>~~tff~. ~ . AND 2003 IT IS ORDERED AND . . . DECREED THAT HELEN ELY KAUFFMAN , PLAINTIFF, . . . . . . . CLINTON E. KAUFFMAN AND , 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; . . . . None. The Marital Settlement Agreement dated October 8, 2003 shall be . . incorporated, but not merged, into this Decree in Divorce. . . . . J. . . . . . . . . . . . . "'''':Ii''' .. . . '<'"r~'.'l''".>)_'''. "''''~''7'';-"-.r',' '~"';'''',-<. .,"y- "--.f.."1>T",-,',",,' .,- "~_, ,r_,p~__ '}.'. ~); " "~ ' iiliiiiiiilli ~c. IJIIU",.._. 1llliW~~!i')k~l<<i!,,'~~oM>t~Ik!.-iMt>.MI~.-JJ~~. IllW<l'llilI'""-'........o~~"""""~' ~ ~~ 1lliIfiIIIlI.'""" . ,"'- ~ ":: . "'" "~_~_=, ~~~c II.N; .tJ3 //,/603 &d~~~-d cdj~ 11~~~~- . .. HELEN EL Y KAUFFMAN Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CLINTON E. KAUFFMAN, Defendant. NO.01-.J.:U.c. Civil 2001 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 foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or reliefrequested in these papers by the plaintiff. You may lose money or other 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: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 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, Pennsylvania 17013 Telephone: (717) 249-3166 ?J:1IlI'J ,__., . .'_ ~ ,." ~,''''_r:: I; "'-f- -', ~. ~~ 0 HELEN EL Y KAUFFMAN Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CLINTON E. KAUFFMAN, Defendant. No. o/..J,:U (.. Civil 2001 IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ""_'''' 1 ';' .~. "'l" " ~ , " ','~ , ~ " , r, "'"' ,~"" n'~ HELEN EL Y KAUFFMAN Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CLINTON E. KAUFFMAN, Defendant. No. b/..2:1f./., Civil 2001 IN DIVORCE COMPLAINT IN DIVORCE UNDER ~ 3301 (c) or ~ 3301 (d) OF THE DIVORCE CODE Plaintiff, by and through her attomey, Melissa Peel Greevy, respectfully represents: 1. Plaintiff is Helen Ely Kauffman, who currently resides at 49 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania, since February 9, 2001. 2. Defendant is Clinton E. Kauffman, who currently resides at R.R. 2 Box 762 New Bloomfield, Perry County, Pennsylvania, since 1996. 3. Plaintiffs Social Security Number is 173-48-9300. 4. Defendant's Social Security Number is 176-44-1014. 5. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 6. The parties were married on August 8, 1981, in Millmont, Union County, Pennsylvania. 7. Plaintiff and Defendant are the parents of two children who reside with Defendant: : '~~ '" ',7 i" ,-~' ,1"'-,- "- - , ~, - I" ,~....- Anthony William Kauffinan age 17 Born: 6/1/83 Drew Benjamin Kauffinan age 12 Born 3/24/89. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. There have been no prior actions of divorce or annulment between the parties. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling. 12. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II EOUIT ABLE DISTRIBUTION 14. Paragraphs I through 12 ofthis Complaint are incorporated by reference as though set forth at length. 15. Plaintiff and Defendant have acquired property during the course of their marriage until the date of their separation. 16. Plaintiff and Defendant have not reached an agreement as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. : "";!~. ~~._'" "r' '., - .-,,'1~, - . .'_ -,- n '-I ~ -I ~ , " ." _~., __"" _C"~ COUNT III ALIMONY 17. Paragraphs 1-16, inclusive, of the Complaint, are incorporated by reference as if the sarne were set forth herein at length. 18. Plaintiff is employed as a librarian earning a gross annual income of $35,808. 19. Defendant is employed as a school psychologist earning an approximate gross income of$54,818. 20. Plaintifflacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 29. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an award of alimony in her favor. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ~III 2-ovl ~Jlv[ ~ Helen E. Kauffinan- Plaintiff "~ ~ l' _,~O" ,,-, " , ~ "_c_ . . <, """"","""",-", Date:LfjI1/()( c 1"'_1 - - ,'" " 'f' ' Respectfully submitted, l<~,6----, Me issa Peel Greevy, EsqUIre J.D. No. 77950 214 Senate Avenue Suite 105 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for the Plaintiff . .....~t>:>-. \' e' ~ jl; t ',"" ,~ , . l"'" < ~,~ _~_,~_~~ __ _"~~ ~-. L~~"__"",~""~,_'~,"",,, """""" ][T':illf1n1iTn ~ S) (~\ 1 ~ '<q --, , J:... () t..,.... ....... J_-::; :. :. ::~i Q o~ ~ -::j.:.- a . . ~ ~ DJ ~ 0 C9 0 : ,. .... ~ c 0 '" ..... I (y .-(j C\ . ::",) ~ ~ ~ -~ () r- ~ --~ f'':' 0 "- ~ r- [t '" ~-11_= = _~ '__ 'H~' "",!!"'I"!"'~!1'I'~~'~,, "~l 0'-' __'l(II1"'!!?1"~'~~C""f""'t""~~"'PIj;iJ'~f":~Wil*,,:<e,plf=gii',,;Yp~~~~~jl~' , . .I HELEN EL Y KAUFFMAN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-2266 CIVIL TERM V. CLINTON E. KAUFFMAN, Defendant. IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. I certify that I am authorized to accept service on behalf of the Defendant. Date: 1 (1011// Carol J. Un ay, squire Supreme Curt. D. No. II East Hi treet Carlisle, P A 17013 Counsel for Defendant ~ ~-~="''', ''',;'''''.'e,',^,~~.,__'-','-'~~ _"__'O~~__,,__ "'"~I'_'~"',"_,","~_",_" ," .,' '"-'II kP j'< -..". -.. !,'" I . ,~'~ ,< -~', ,..,,' . "'~~~~~q\'.l~" " ,'''', ~,'l"'4,J:jJlll!1I~~Mltl>lf\~lJI!1<mllMi ''/ " o c $: -Ore. f"l'1rT! ;-~ :r: 0~i'~ -----.-.;., ~~. ~~. :>~;~ ," -, -, -< " ."' l. c:' C) -n =m:: :~ 01 !.~) (7'1 1 ~"~"_"'''C'''~ _..~~:q Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff HELEN EL Y KAUFFMAN, IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff NO. 01-2266 CIVIL TERM v. CIVIL ACTION - LAW CLINTON E. KAUFFMAN, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. 18.2001. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about April 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling. understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date: 10/!//J ~ ~~~~ Helen Iy Kauffma ,Plaintiff :219359 -~-~ ,~",,".~,'! -, . , ~ -~ '" I - - ,- ,~" ~ ~, ".~~" _1_,"~ ~ .~,= ~, ~"~~ ~1" .~IIlI!!IUI!!l' ""'" ~~~.~ ,~~- ~" . . '<"~r 'ff~_','_~' ~.-_. "-'1'""""'''''''''''''''".'"_,, ''''''''~~r>JTf~fr ^'i.., ~ ce' 0 W n <;:) --{ iOJ n ~ ~;~;' :JJ -.... '-' ~~ 1'.) ......IT'. \D ~fJ6 ~e ,..'\ -0 ~=H ~~ ::r; -;~o 1'3 ty" -'- ~ \.P '< "~~!ill"J'l.",,~,!~',p;w-;;I1-Wf-'ff:~"~"'Tl""!~''';F'"~'''~~~~~!il''ff~~' - , Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy . J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff HELEN EL Y KAUFFMAN, IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-2266 CIVIL TERM v. CIVIL ACTION - LAW CLINTON E. KAUFFMAN, IN DIVORCE Defendant 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. 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. 94904 relating to unsworn falsification to authorities. /DJth~ . - 1fd, ~ ~~ Helen E Kauffman, laintiff Date: :219359-2 ~.. ..-" I ; ','"", ,>:,rJ:!'!'l1I'!~~, '", . ~"-, ,~,,- '_i'~ 'p , ..,~ ,~"~ " ~ - - ""''''''''' ~ ,= --q"", ~", '""'-'4''''-" -" ".~- ~~.~~-~~, ~-.~.~ ~ ,"" -, woW;, .,. ~ '"-'~,:B- ',,,,,;,,,.,,,- ~ 0 \?, <-,) 0 :;;:l ~., ,,,'.-~ ....... .":;~ie, N .c.~.>\ ,. . s;;. +0 ..0 .~~ K~ -0 ..:'...41 ~~. ".% 'ita i9 om ~ - ~ <D N_ ...!~~~llI!~\!c'"\"'1i~;!I.'!:\l:IJ'<"1I"'!'""D~'~I"'~!~,,'~tl,,..w.lm~~_l~~~~1'l!l'!!I!~~"'lU~"lf~'f/J '~''>,'''1I'l~lf!i "OJ , '. ~;i SAIDIS j SHUFF, FLOWER & LINDSAY ATIORNEYS-AT_LAW 26 W. High Street Carlisle, P A !-:.; HELEN EL Y KAUFFMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2266 CIVIL TERM Plaintiff v. : CIVIL ACTION - LAW CLINTON E. KAUFFMAN, : IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on April 18, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ('~z\~ Clinton E. Kauffman, Defendant Date: _\ f) I;) ';)../ Ol f-)()~ I / it! ".'^~"",,:"r'__'~'_~ ._ ll'!f'l!ilIU ,..'-, , -~ "~- ~-~ ~ ~ .- ^-.,., -.-~ '-'. I---C' ,-. - >, "'jjj"'-Yf'U- '---_"-lljif' ~1 '-11-"":1 f't";f>:~-':J.qJ~l:fi~J~'~~'('tf";' ';~~Yn:~'tf~Wii '2 iBf ~s; iSr:.: Ii _ \0 ." c (.,) <::> r-, --f .'\,) '-0 ~ ~ iSJ -oJ :1.J :-fl.:!) -.'Jr;; "/9 ~;~Q ;,L~:R i5f;i j;j .:J::> .-< <,'~~ .'~~~"''l!tlJ!IIl'irw.ll'J1II~,)!:,(~'''",. _""'",~~M~, 'T_~_""'~_ <.,:'_'" '''''f"I'l!!!l!t:..J''~~~; .f . . SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A ,'~'; "" " HELEN EL Y KAUFFMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2266 CIVIL TERM Plaintiff v. : CIVIL ACTION - LAW CLINTON E. KAUFFMAN, : IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 conceming 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. t~ 2:.~ Clinton E. Kauffman, Defendant Date: /0 / ;).~);:; f9D- J. },) t fu1 ~ ,,~- " In_~",",_,"-_", ' _ ct. , ", "~'" _ _ __'_'~ ~ _' ~" ,,_.,,~~~J_T ":' _~ ~ . ~" .. -_",,~_~_O-'>-___""_' ,-.~_ '"'liImn r ',.'1 v . d C) 0 (..) -n C> ._1 n ~.~:'~ ..... N :.tiQ , ~ ..0 ()~ -". ~- <<-.J KO -0 'X..:n JO ::x: Qo 'f)? tim ~ ~ ", '< _ ':'1-'" "'!'!t~~_~'!:'I_$W,I"--WI!'-li!'-~~o)Mil~jl~gt~~__:'"___ ;""'f ~,~i-_ qq,.",.,>,..." ,.. _o_~~'!'''Y _"~ ,11' . ~ i ". t MAr 4 2004 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW Helen Elv Kauffman Plaintiff VS. NO. 01-2266 Clinton E. :Kauffman Defendant IN DIVORCE AND NOW, this day of , the parties, Helen Ely Kauffman, Plaintiff and Clinton E. Kauffman, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Clinton E. Kauffman (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). 2. PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.S. ~~8101 et. sea. ("Retirement Code"). 3. Member's date of birth is January 21, 1959, and his Social Security number is 176-44- 1014. 4. The Plaintiff, Helen Ely Kauffman (hereinafter referred to as "Alternate Payee") is the fonner spouse of Member. Alternate Payee's date of birth is September 28, 1956, and her Social Security number is 173-48-9300. 5. Member's last known mailing address is: RR2, Box 762 New Bloomfield, PA 17068-9652 6. Alternate Payee's current mailing address is: 49 Winchester Gardens Carlisle, PA 17013 EXHIBIT "An ~,",' ""'"' ,_,~, ",~, "',.,, WDn _, ~_____'" ., , "0 ", ~_" ~ . DRO I Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. (a) The marital property component of Member's retirement benefit is equal to the Member's retirement benefit accrued on February 1, 2001, to connence on or after the Member's superannuation age. The Member's retirement benefit accrued on February 1, 2001, shall be based upon the final average salary as of February 1, 2001, and based upon the years of service under PSERS as of February 1, 2001. (b) The portion of the marital property component of Member's retirement benefit to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset is 25%. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS or any deferred compensation benefits paid to Member by PSERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an annuity starting at the Member's superannuation age) if payments commence to Member before his superannuation age, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by PSERS if the Member dies before his benefits commence. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable ;'i,v"",;;>,... ~.~_._~ __.~o_~~__ " -" , DRO I Page 3 distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form med with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms ofthe Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with PSERS shall be in accordance with Paragraphs 10(a), 10(b) and 1 O( c) as follows: (a) Member may elect to receive, by lump sum, all or a portion of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: (1) Accumulated deductions on February 1, 2001, accumulated with interest at the statutory rate (currently 4% per annum) compounded annually from February 1, 2001, until the date payments co=ence to the Member. ~-:'m ~"~'O _ . " -' DRO Page 4 (2) 25% (the portion of the marital component of Member's retirement benefits allocated to Alternate Payee in accordance with Paragraph 7(b). (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the date payments commence to the Member. (b) The excess of the present value ofthe equitable distribution portion ofthe Member's retirement benefit (based upon a maximum single life annuity) assigned to the Alternate Payee over the portion of the accumulated deductions paid to the Alternate Payee (pursuant to Paragraph 10(al) shall be used to provide the Alternate Payee with an annuity payable to her as long as she lives. The Alternate Payee shall share in any scheduled or ad hoc increases to the extent of her equitable distribution portion ofthe Member's benefit. (c) The excess of the present value of the Member's retirement benefit (based upon a maximum single life annuity) over the present value of the equitable distribution portion of the Member's benefit assigned to the Alternate Payee shall be used to provide the Member with an annuity based upon the retirement option selected by the Member. 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, any death benefit payable to Alternate Payee by PSERS by reason ofthe Member's death before the date benefits commence to him shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is riot entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. , ~, - ~'- , .,"- DRO Page 5 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost ofliving or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Co=on Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. :;,.~" _~, ., - 1"'-"~' , ,~",L' ,~" e. _." ,,__ ._^" ,O'-'=~A, _. '4'. . "~ ltJl " DRO Page 6 17. Upon entry as a Domestic Relations Order, a certified copy ofthe Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS i=ediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT itA- ~ .!!R/~F Plaintiff/Altemate Pay~ . f, DefendantlMember L~aL6 J Attomey for Plaintiff/Altemate Payee "-:.-"-::) , ,S; ~~) i \I, ".m'~_^", -. ~,o -:'_~ '. _ ",' ,- , "c' "", ?~ t~i '" '" . . ~ e ~l 'Pff ~1 ~ ,~ -I ~, ., ' ~, .~"~~, ~~~ .. Vi\!\!?\'V,SNi".J:Jd I "I 'nr'/,") r,,", i"/"iJ.-:~.-,:r,1(hll'lJ"" (\.L 'i i'~.'~ '. , " .: '.~' . , Ii 0 :5 !,l~ 8 - ~VW ~OOZ ,\i:JVLONOHlOl:Jd 3HJ. .:10 38I:1:iO-{]31I::l ~'" ~1~JI'J~l'1~fl'"I'''.~.<m!!l'1i,..4J~J o_~:."'l,l)-J;>.~- ' .~=" "..'''', . "...H'_'d '_~'.'" ,~.v '. ..... nnT . ""..-~, .""'~",..~~ ~'![3l~.' " ~ .johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2266 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE HELEN EL Y KAUFFMAN, v. CLINTON E. KAUFFMAN, Defendant MOTION FOR ENTRY OF ORDER UPON STIPULA TION AND NOW, comes Helen Ely Kauffman, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation for the entry of a Domestic Relations Order entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A". Date: March 1, 2004 Melissa Peel Greevy Attorney 1.0. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :224983 \-;/ ,,~ rT CERTIFICA TE OF SERVICE AND NOW, this 1st day of March, 2004, 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 parties of record by causing same to be deposited in the .United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Carol J. Lindsay, Esquire Said is, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Melissa Peel Greevy " , -i/'-"',"-_'P_,","_,,~'I.I, , .,__" ~~, "~T ., ~ ~ ~ ~ r . .. . .,,-,,~ ,",' '" 'c.,,,,.,, ,',." ," q '",'"., lliiiljl:l!~j"i!lrc""" (') "" r.:- C7':":~ 0 r;;:~~ < ~- "rj , -".,.. ::;;1 r-~ );;;.:< ;::U 6i J] , -Ohl r,-, ?;1~J :::;:C) -0 ._" -''', -,-" 9?:~ ry ;"-":::;,rn ,.~ .:::..~ -j -< (.J .-1-.... .D < .,.,~ " - fIrIll " ,,",,~~%I!'I!'II%l!'F"'_F.!'!l~W""""''W~'~II'~~'ll!ro''''~''~"~.jN~~~~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ~@~~i Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2266 CIVIL TERM HELEN EL Y KAUFFMAN, v. CIVIL ACTION - LAW CLINTON E. KAUFFMAN, IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thism day of Or -Ir ~ ' 2003, by and between HELEN EL Y KAUFFMAN of Carlisle, Pennsylvania, (hereinafter "WIFE") and CLINTON E. KAUFFMAN, of New Bloomfield, Pennsylvania, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on August 8, 1981, in Millmont, Union County, Pennsylvania; and WHEREAS, a divorce action was filed by WIFE on or about April 18, 2001, in the Cumberland County Court of Common Pleas, and docketed at 01-2266 Civil Term; and WHEReAS, there is one minor child of the marriage, DREW BENJAMIN KAUFFMAN, born March 24, 1989 ; 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 desirousof settling completely the economic '<- ,_.. _"_~ n-"m",,__ '-< - ". - - and other rights and obligations between each other, including but not limited to: the 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 has been fully explained to the parties by their counsel. HUSBAND is represented by Saidis, Shuff, Flower and Lindsay. WIFE is represented by Johnson Duffie, Stewart & Weidner. 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 obtained sufficient knowledge and disclosure of their respective legal rights and obligations. 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. C, ,,:j :1 ,:1 :.1 The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301 (c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Marital Settlement Agreement. <J :j This Agreement shall remain in full force 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 - 2 - >"~ ". ,"__~,~_P;, ,~",' U__"'" _. "" ,_, _ ~~,"'_,1-~_<" _,_~~ _ '~~,~,_", ,., .. ~'-~-""" 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 excepts 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. 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. - 3 - "~ '--""h ""'.., ..^ ,".. " _ '.~ ,'^_. .,", -" ~~ "'~ 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 party 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 hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, 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 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. SEPARA nON-INTERFERENCE. WIFE and HUSBAND 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. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. DEBTS. HUSBAND will assume full responsibility for payment of the A T & T Master Card balance from February 1, 2001 forward. HUSBAND shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligation. The parties agree that they shall take prompt action regarding any remaining joint credit accounts which have not been closed and agree that they shall immediately close such accounts, including, but not limited to, the A T & T Master Card referenced above. -4 - 'JO_" .,)-0". .~^-,,- ~-, --- .. -~'" ~~ -,~- The parties agree that the equitable distribution plan contained in this Agreement provides, among other things, consideration in a fashion that is fair and equitable to the parties, payments made by HUSBAND on WIFE'S vehicle loan and taxes paid by WIFE, during separation. HUSBAND represents and warrants to WIFE that 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 their final separation, February 1, 2001. WIFE represents and warrants to HUSBAND that since the filing of the Divorce 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 final separation, on or about February 1, 2001. 8. RETIREMENT BENEFITS. :11 HUSBAND is vested in the Public School Employees' Retirement System, herein after "PSERS", which benefits are a marital asset. The present value of these benefits as of January 27, 2003 was eighty six thousand, eight hundred forty four dollars and thirty five cents ($86,844.35). The parties have elected not to rely on the values stated for the pensions and retirement benefits, but rather have reached this agreement as a compromise as more specifically detailed herein. HUSBAND and WIFE agree that WIFE will receive, via a Qualified Domestic Relations Order, to be prepared by counsel for HUSBAND, 25% of the marital value of HUSBAND'S PSERS pension. The "marital value" is defined as a fraction, the numerator of which is the number of months of the parties' marriage prior to separation, and the denominator of which is the total number of months of service HUSBAND had with the employers. The parties agree that HUSBAND will designate WIFE as the survivor beneficiary of her portion of HUSBAND'S pension. WIFE is a participant in the Federal Employees Retirement System, which benefits the parties agree are partly marital and partly non-marital. The present value of these benefits as of December 30, 2002 was twenty two thousand two hundred eighty three dollars and twenty one cents($22,283.21). WIFE also owns a Thrift Savings Plan for Federal Employees, which balance through April 30, 2001 was eight thousand two hundred eighty six dollars ($8,286). The parties recognize and agree that the separation date value of this account is subject to fluctuation due to market conditions and fluctuation in the stock market. HUSBAND -5- '''', "<,'o'.''____ -. .0"'., ''''_''} 'I-""P', __"~~_ ~_, " ~ , ~ ,~ specifically waives any and all right, title or interest in WIFE'S FERS benefits and Thrift Savings Plans benefits earned by WIFE before, during and after their separation. 9. LIQUID MARITAL ASSETS. The parties have agree that they had joint checking and savings accounts and that previously 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. Both parties waive any rights they may have to the bank or credit union account( s) of the other. 10. AUTOMOBILES. HUSBAND and WIFE agree that HUSBAND will retain the value of the 1997 Saturn, which is unencumbered. HUSBAND shall be solely responsible for all costs associated with the vehicle, to include registration, maintenance, and insurance related to the vehicle. WIFE agrees to execute any documents needed to effect the transfer of all of her right, title and interest in said vehicle to. HUSBAND alone. HUSBAND and WIFE agree that WIFE shall retain the value of the Erie insurance benefits received in the amount of four thousand five hundred seventy one dollars and seventy eight cents.($4571.78) at the time that the 1991 Buick was "totaled" on July 12, 2001. 11. THE MARITAL HOME. The parties are the owners of a residence, which is marital property, located at R. R. 2 New Bloomfield, Perry County, Pennsylvania. The parties stipulate and agree that HUSBAND will refinance the marital home in his name alone and that the settlement shall occur no later than sixty (60) days from the date of the execution of the Marital Settlement Agreement. The parties stipulate and agree that for the purposes of this settlement the value of the home shall be one hundred fifteen thousand ($115,000) dollars. WIFE shall receive one half of the equity value ( i.e. one half of the difference between $115,000 and the payoff on the first mortgage at the time of settlement), less an offset in the amount of two thousand seven hundred eighty one ($2781) dollars. In the event that HUSBAND elects to take a loan in a smaller amount to avoid payment of private mortgage insurance the balance due and owing to WIFE to equal her fifty (50%) - 6 - "", " """"_-"c..>,. ", Ol,_""_",,,,'<'q,~,,,",_< , . ~, percent of her equity, will be divided into equal monthly payments to be paid over a36 month period. The payments due shall be mailed to WIFE, commencing the first calendar day of the month following settlement. The parties agree that this payment received by WIFE from HUSBAND is equitable distribution of her interest in the marital home, and therefore intend that for federal income tax purposes, it shall not be treated as taxable income to WIFE, nor as deductible from HUSBAND'S income. 12. POST-NUPTIAL AGREEMENTS. The parties acknowledge that there were claims made by each that certain documents were valid post nuptial agreements and that each had disputed the validity of these agreements. The parties stipulate and agree that by the execution of this Marital Settlement Agreement, the "Postnuptial Property Agreement" of August 12, 1999 is modified and now subject to the terms of this present Marital Settlement Agreement datedtx.h4v. g2003. The parties further stipulate and agree that the Post Nuptial Agreement of June 25, 1983is modified and now subject to the terms of this present Marital Settlement Agreement datel2r~ [,2003. The parties acknowledge that WIFE is a co- owner, with her brother, of an undivided half interest in real estate in Union County, Pennsylvania, owned by various members of her family prior to her marriage to HUSBAND. HUSBAND waives any and all right, title or interest in the real estate tracts totaling approximately 170 acres, in Hartley Township, Union county deeded to WIFE and her brother, David K. Ely in a deed dated May 21, 1983, recorded in Record Book 159, Page 160, Union County Pennsylvania on September 13,1983. 13. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have previously divided the household goods, and personal property to their mutual satisfaction. The parties agree that this distribution of goods and personal property is satisfactory and equitable. 14. ALIMONY. HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support from the other, whether the claim be in the form of alimony, alimony pendente lite, or spousal support. -7- '+--. "- "," ,-".!-~~,"-'" ",.'- -,~ '~'-"~'-""--:"~--""""'I---;' =-~!' .,. , "." '~-"d- ~ "", !llnf""~ 15. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or Iiabiiity for any such tax deficiency or asselisment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. COOPERATION. WIFE and HUSBAND 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. The parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. 17. ATTORNEY FEES. COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that 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 in the absence of a written demand by one party to the other providing fourteen days to compiy and a subsequent written demand provided to the counsel of record. Demand shall be adequate if it is sent via certified mail and provides at least fourteen (14) calendar days from the date of - 8 - ')'ijj;.~..,~, ": "" ", ~,_,,"?'~ ".t, ., < . .~I ~,._., , ,-~ ,,---., , -., ~" .~ .> ,. -",., mailing for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct mailing address for notice to the Plaintiff shall be: Helen Ely Kauffman 49 Winchester Gardens Carlisle, PA 17013 For purposes of this provision, and in absence of notice to the Plaintiff to the 'contrary, the presumptive correct mailing address for notice to the Defendant shall be: Clinton E. Kauffman R. R. 2 Box 762 New Bloomfield, PA 17068-9652 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 non breaching 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; (d) The right to further discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written - 9 - !'~:,0"O" "_;T.~I -t_",_"__'_',n-;'_ """,-,'k,__',_.""",,,__,_ ou, ~,~ -~~~ interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; (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 bestricken 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 for herein. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. 7f~I~K~ - 10- 'f1!"~~~"-;i' '.'.-, '-,_~--_ "~I-"~~', ,__,~,____,,_ ,'1~" ,-,- 4' :216033 - 11 - - "~,, __, ,"_?,,~ ',' 1 _~_ ,,'",-,,"-- ~."" -" ~-" ,-,~ ~E,~ Clinton E. Kauffman COMMONWEALTH OF PENNSYLVANIA COUNTY OF trm&/d ().JtIl On the ~{:~ day of J 11: ti,dL , 2003, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared HELEN EL Y KAUFFMAN known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. ss. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above ,~~. c, ';"" ',' < '{: d ~:> 'dlL {!If UlAV Notary Public '-f written. '/ ; NotariaJ Seal I ~ K Myers, Notary Public ~''''''''' 80m, Curnbeltand County My ComrnJsslon Exp!rss Dec. 2, 2006 Member, PennsyivanJa AseacIaIIon Of Natsries Cd:'" - ", "/\'- COMMONWEA71H OF PENNSYLVANIA : COUNTY OF Wh1Jl.Jv~ ss. On the 6~y of () al- ,2003, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared CLINTON E. KAUFFMAN, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrumentto 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. NOTARIAL SEAL "i RENEE L. MURRAY, Notary Pool! ' Carlisle Bow, Cumberland County, PA I My Commission Expires 000. 13,.2(j~.! - 12 - :~'0 -- -", ~- - _ '_-T-;""~<" ,_~f "~'_ T ,~"'~-~"--, ., -- ""'I c" ,,,," ,'r,~ ' ,~. ^,' _ . ~" ;'fu -'" ,", L ',''''_,7' _, __,,' '""0' ~,~ . ">_.< ,~, '; '" ~ ._," ,~,,~. ~~-!jI~rn!lll~~I~",-, ~,~BF""':"" ~ T"-~" ,'0 ,,_!' __.. _ , r, ,"_,~=_ ,,,-,,,,,'~~.1"'!'~1) >C"<- -"'~~'""'H""'''''"'O---'''';'-'~''''I!''' ".~ U<'tH'~"' r.:"'j"'Y"J' . ,-~" ,."t"~ ", " "~",,'"'< ',,",-.-,-'-" . .."... "',.'" E 0 ~ ~. 0 --j "GO) n :,G'l"-l ~YJ -I r1'r- &:if"- N ~.~ )J'; '-0 ~c5 .-1 " -'" -;5 . (. '-:JJ in :x 6~ 0 N ~ ~ =< U) -< HELEN ELY KAUFEMAN, IN THE COURT OF CCMMON PLEAS OF CUMBERLAND COUNI'Y, PENNSYLVANIA Plaintiff NO. 01-2266 CIVIL TERM vs. CLINTON E. KAUFEMAN, Defendant 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 Section 3301 (c) ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant's counsel on 4/30/01 and filed with this Court on 5/15/01. 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff 10/8/03 by the defendant 10/22/03 B. (I) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None: The Marital Settlement Agreement dated October 8, 2003 shall be incorporated, but not merged, into the Decree in Divorce. , 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record. and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code waiver of Notice signed by Plaintiff on 10/8/03 and filed concurrently herewith; Waiver of Notice signed by Defendant on 10/22/03 and filed concurrently herewith. "'--'-"~ '.I/,~ ~. -, '. Attorney for. Plaintiff'~ Melissa Peel Greevy Atty ID #77950 P-"'f""~_ - ~ . ~ r-- ".",..,... - ~ ,~,~""-- - .-,- .''---''''''=~'''''''''''''' {~ g: i~~" .... - ,,,- <. r~'- ., "-,,~,-,-~,,"".~.,,,. ~,.,"" ~', -''''',. 17''' . ""Ii"'''.' "'.W"!'liiffi',, r' d 0 s;; (..> 0 -l n ~- -< i-fit~ N 8!3 \1:> 06 '~I !!:::: "V ;C-H ~8 ::x: c>-- ~ .20 "c om ~ :;;;! U) :0 -< _ 0=,' ~..,~<l.,fijm u M:i!,~_ ~~ Jiil"'''-A;llf~ ,"", ,_~J~~~~",~~ ~!f!Ir"i!~~!!Nf;i'i"H,""?W,~1%:M',j1'i'l'Y';:;:. '"j'i' ,C',,;,_Jt'''''' ':!;f.'il~fflijffi;~';\!l'j~~mID,~~~lI1~'ffl~i)