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Home My WebLink About01-03079 " WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . ].,_1' 11_ _ , I, ..~, PAULINE D. KRAFSIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01-3017 CIVIL TERM DONALD C. KRAFSIG, Defendant : DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff PAULINE D. KRAFSIG, by and through her attomey, Wayne F. Shade, Esquire, and respectfully represents, as follows: COUNT I RETRANSFER OF THE MARITAL DWELLING 1. Plaintiff in this Action in Divorce is PAULINE D. KRAFSIG, an adult individual and the wife herein who resides, for her personal safety, at an undisclosed location and who may be served with process in these proceedings through her aforesaid attorney of record at 53 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant DONALD C. KRAFSIG is an adult individual and the husband herein who resides at 1505 High Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. ~,~'-T'~~~ , WAYNEF. SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 ,I [II i L ;,1 ..' .i[.'.-'_, '"-l:i~'" 3. Wife was born on September 30, 1934, and is sixty-six years of age. 4. Husband was born on May 6, 1930, and is seventy-one years of age. 5. The parties were married on June 8, 1957. 6. Prior to the marriage, Wife was raised in a strict Roman Catholic home, and she attended Roman Catholic boarding school. 7. As a result of her upbringing, Wife was extremely naive about sexual issues. 8. On their wedding night, Husband told Wife for the first time that he could not have sexual relations because he had been injured in military service. 9. The parties have never had sexual relations in the more than forty years of marital cohabitation. 10. Wife has never seen Husband without his clothes on. -2- ~~ ~" . ." I ~ , ~"""'''~'''"''-' ~,,' 11. During the marriage, Husband would frequently be absent from the marital dwelling. 12. Husband would not tell Wife where he was going. 13. Husband would tell Wife that she had no right to know where he was going. 14. In December of2000, Wife found notes written in Husband's own hand to one of his recent homosexual partners which graphically described their homosexual relationship. 15. Wife believes and therefore avers that Husband has engaged in numerous clandestine homosexual relationships throughout the marriage and continuing to the date of this Petition. 16. Wife believes and therefore avers that Husband has used the marriage as a cover for his homosexual activities. 17. Wife worked for nearly forty years in the Bureau of Personnel, Statistics, WAYNEF.SHADE Attom'yatLaw Licensing and Enforcement ofthe Pennsylvania Liquor Control Board. S3 West Pl)mfret Street Carlisle, Pennsylvania nOI3 -3- WAYNEF.SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 , '" .1 t.l,~~:'"- I" ~~ .'--' , 18. Wife retired from state employment in 1991. 19. Husband worked for more than forty years for the Pennsylvania Liquor Control Board; for many of those years, Husband was the Director of the Bureau of Licensing. 20. Wife receives approximately $1,700 per month in after tax state retirement. 21. Husband receives approximately $3,400 per month in after tax state retirement. 22. Husband always controlled the household finances; Wife simply turned over her income to him. 23. Wife has not driven a car since she retired in 1991. 24. For the past ten years, Wife has been a prisoner in the marital dwelling; the only time that she was permitted to go out was when she was with Husband. 25. The marital dwelling was purchased in 1975 and was titled in the names of Husband and Wife. -4- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 , L _' , __L ~'L "d '''_-'_w:o.o^ "l' ,*",,,,,,,,,"'B:c 26. In 1977, Husband procured Wife's signature on a deed which transferred the marital dwelling into the name of Husband, alone. 27. Until Wife engaged counsel, she was unaware that the marital dwelling had been transferred into the name of Husband, alone. 28. The marital dwelling was assessed in the year 2000 County-wide reassessment at a value of$561,910 and has been appraised by private appraisers at more than $700,000. 29. The marital dwelling is by far the most valuable marital asset. 30. Through her counsel, Wife has made written demand upon Husband to retransfer the marital dwelling into the joint names of Husband and Wife. 31. Husband has refused to retransfer the marital dwelling into the joint names of Husband and Wife. 32. In the event of Husband's death prior to entry of a decree in divorce, the above- captioned divorce proceedings would be abated. -5- ~" ,~ WAYNEF. SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 " ,ll 1'1, 'Ii,'~~e-" "_I L'-" 6_"' "' 33. In the event of abatement of the divorce proceedings prior to retransfer of the marital dwelling into the joint names of Husband and Wife, Wife would be seriously and fundamentally prejudiced if the marital dwelling were to be devised by Husband to one of his homosexual partners or to anyone other than Wife. WHEREFORE, Wife respectfully requests that your Honorable Court issue a Rule upon Husband to show cause why he should not be required to retransfer the marital dwelling into the joint names of Husband and Wife under the general equitable powers of the Court under the Divorce Code and issue such other relief as may be equitable and just. COUNT II COUNSEL FEES, EXPENSES AND COSTS 34. The averments of~~l through 24 above inclusive are incorporated herein by reference as though fully set forth. 35. Wife's modest pension will not be sufficient to enable her to support herself and pay her counsel fees and other expenses of litigation in this case. -6- SiiJi.' '~~ -. , , WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 t' 'I j-' c,.,.-i--_ ._~, , , , WHEREFORE, Wife respectfully requests that your Honorable Court issue a Rule upon Husband to show cause why Husband should not be required to pay counsel fees, expenses and costs of Wife. Respectfully submitted, ;.0a E~ Wayne~de,ESqUrre Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -7- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 , '. ' ''',,~, =',".0 "C_ J. ~"~., " " , I verifY that the statements made in the foregoing Petition for Special Relief 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: May 10, 2001 (>J1"/~~'~j Pauline I.U.Krafsig / 111 . . WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 IIi. "I' 'I PAULINE D. KRAFSIG, Plaintiff O. . ; I ,,_J ".-.~"~~";..,,,,, 'J~; ..-- : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01_307Q CIVIL TERM DONALD C. KRAFSIG, Defendant : DIVORCE ORDER OF COURT ANDNOW,this;?/..0-:6 dayof '/nL<t , 2001, upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, attorney for PlaintiffP AULINE D. KRAFSIG, a Rule is issued upon Defendant to show cause why Plaintiff should not be awarded the relief as prayed in the within Petition. M- d o . a hearing to be scheduled for /:.3 0 f}J1f /;)., o'clock EM., on .u..l/l..oda;;- ,2001, in Courtroom No. t.( of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Wayne F. Shade, Esquire Attorney for Plaintiff Jay R. Braderman, Esquire Attorney for Defendant ,~ ~ 05-.2.2-0 I J. ~ ~- ,'~~ -<"Y,,~' t~~",&,"-"'l2:;",";;"""i"$-~~j/::.,~!i;:"'M<""'ril;,'U&~M~("'''-'l:-'";:''';O,&,j1d'.d'f",lli>I!~""I_.'!!\!~MJi",,~&~~IiJll~~_ c.~ >-. !~? c ...., C'-.J C\..i , (::.: <: ,:~3f S) 1fj ,::~)-~~ ~;'!J;;1..1 ,~14~ '-' <-,: C:': ~:::;" ::t:.~ ~~... C..'J [LU l'- 'W- _1]1_ JjTI[lLfl~ r_~ "," _"_,~_...''^',,, ~..~_,~~.,_""",,,,,,,._ , ,~ ~iilliIilIIlIiIllii!IlUr."' -- ~ "illIlIIllI~~Iii""'""'~~ liiklililrf I , WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 ., "" " " I . - '~ '1 '~ '- - ~1""'_~W,'.\; PAULINE C. KRAFSIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01-3079 CIVIL TERM DONALD C. KRAFSIG, Defendant : DIVORCE NOTICE OF LIS PENDENS TO: Curtis R. Long, Prothonotary NOTICE IS HEREBY GIVEN that an action in divorce has been commenced as above-captioned by Plaintiff against Defendant, that said action is still pending and that a fundamental claim of Plaintiff is for equitable distribution of all real estate in which Defendant has an ownership interest either jointly or individually. Please index this Notice as a lis pendens against Defendant. Date: May 24,2001 ;tI~ /! dM_ Wayn F. Shade, EsqUIre Supreme Court I.D. #15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff .. hh ..1 ~~~aw~'iillt'2i.,,:;u;.0ili-M.~~~iii!liiJi!rJ~ifa.""(""""1'?'''",'ci'~':;ii..''''!c:!~-lIh"i_~~i.~,\ill."""id~~M~t!Iii!IiIllII!li\ll~'~~~"~'Ilof. .Ff ::::: ~ "'" (", ~ 1)1, i [_l C,; ilw~ jLJJLL~.l TllILl_,U;,~;~I[~,f.~p,~,!. ,,,>_,_L~. '-!-',-e'F"H ""--"'_.,,."-"',,'i',.,,"^~'o"," _~_~. ~"A"-', _ ,'0", __. ~""<' _^ " . -~,,,,~~--~." '~"~"'.''''''~'';tt7!li!1!l,~*~iiliIl!iiiI~-~'~~~ o .S;; l)F~::: cpe: "'-- -'. :::;~,c-- (fJ ._--: -<.c_ ~C) ~~ -I -, . o ,::r.: !;l;> ,--c "-' -0 ~:-: r'0 ~-.8'1 ~ 1\ .. ~ e M: ~ .- I ,- - J,;'--- , ~- ','<-,.<<,',,-,,,,-,,,'- " ,,-1-'; ,~, PAULINE D. KRAFSIG, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-3079 CIVIL DONALD C. KRAFSIG, Defendant CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this z."i' day of May, 2001, hearing the Petition for Special Relief set for July 12, 2001, is continued to Friday, July 27, 2001, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Wayne Shade, Esquire For the Plaintiff /-}J ~A2";;l(r Jay Braderman, Esquire For the Defendant :rlm .~ j~~1~;lI!~""~,..,;;,i(''''1'i'',i?cY,{<!'cl\,il.l!~JifQ.@r''i"",i;''tf\'~';'''-<il'W_"~~*j<M>'Al;&;'~',*,,?,liB:!~..i\ll;wllhl!jjl!ll!ll0;i.,1lIlfM~~~1ii!l1 [~ (:,',,- ..' >' "\ . \'';':::>:- ._,\~,~\" , .).~ ' .,<\~~"):i;~$~~;\'-> ' !--'0'- \':"./ v ',' ,.~, , , \:" '.)\ ',:,~'lJ1.;..J.,..,JI,.,_.n~;AJ ,,!M!.' ,;,..J v'. _' "".11'< __C' r~ ,.~,J,-~JJ:"~~l!il-) J v,_',"'"' 0, r,--;". ~-, -';'," ,', 11"'"'l'''TIlilIIII1:V-'- -~,," ~~.- - ~ < _ <" .~o h~~ , ..--" -~ " ' ~ .' j. ~- '. '." "', ' . - >. j, 1." PAULINE D. KRAFSIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01-3079 CIVIL TERM DONALD C. KRAFSIG, Defendant : DIVORCE PRAECIPE TO: Curtis R. Long, Prothonotary Please enter my appearance and acknowledgment of receipt of a certified copy of i' I; I', the Complaint in Divorce, Plaintiff's Petition for Special Relief, the Order of May 21, 2001, issued pursuant thereto and the Lis Pendens in the above-captioned matter on behalf of Defendant. Date: 17108 ~,~l/e15!titlik-!Ml,'~4<I.'!bjJ,_-;,,!,"""-;"","'h,;;,j!i;i<I""'liJ'''~',,"8ug,>;,ij~&';;':,"!""<l_":.;.,,~,,g,'J.ii."''''',",lil.;.....:riI.i,'''''bQO,w-~illllM"'' . -~~'.ill!l Er- G ,,:! JD~'u~U - ]- ,,-". ~, ~" ~,_~,_~.,,_ ,~_ "=_o~~~. ~."_ _. _ ,"0, "","iii<4l!il~~-~~~ illiIllillllll'~-~ ,- lJlIIIldI - 0 0 0 ~ -T1 1-. ~-\ ""Om c:: ~;; ::D ':2'33 :;;e: ,l',_." I -ern m)i:. -,,0 (J1 J;,: 1. .::<.~~- '::;;:~C), ~o -0 -rj-ll -........,., :% ,..,- ~(; --0 2::fTI ~2 - s ~ c.n ~ -' . -'~.;, f" L' '-II I! i ;,.! .'-, ,- 'w ,~ ~-.ll!iI!1a~'co ~ . , , DR 30693 PACSES ill 030103493 PAULINE D. KRAFSIG, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW DONALD C. KRAFSIG, Defendant/Respondent : NO. 3079-2001 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of July, 2001, based upon the Court's determination thatPetitioner's monthly net income/earning capacity is $1,488.06 per month and Respondent's monthly net income/earning capacity is $4,477.71 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,200.00 per month payable monthly as follows; $1,100.00 per month for alimony pendente lite and $100.00 per month on arrears. First payment due on or before the 5th day of each month, commincing in August, 200 I. Arrears set at $2,200.00 as of July 19,2001. The effective date of the order is May 21,2001. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.g 3703. Further, if the Court fmds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU.to: Pauline D. Krafsig. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PASCDU P.O. Box 69110 Harrisburg, P A 17106-911 0 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. "' ' Jllii~.' _,J.... 'I 1,1 .l" I -. l~~-~"~iiih' . "",," ~ , This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on July 20, 2001 to: < BY THE COURT, Petitioner Respondent Wayne Shade, Esquire Jay Braderman, Esquire ~. /9. 4.- KevinA~ess J. i1~il!b:tl/;]le!~!\l!~!\Jii1;ibJ:'0:i~,"-';'@""<{"'E&t:'JH~~~>:iG'i'A!lI:""dL-j"":;""-,~,,,0,,_,';1 fti-<;:,- ."~i."~' ,,'.': -,," ,'_:,--' '.....;:. -,,'~: ~i. - I.,.,' 1>', f' t' fg' . , ...,f...... . ,{ , g ".,~q._""'_"';,-iili._~1Jlit~lM~OOih'iEIIIII!lii.it!!lJi:,,~',"-,,~~~~lji!iili~" 1,%l'-\~l(,M-,kJ_UUf., ULfIl1~J;:,"""w, ''''mL:JL.,,~-. -"J: - _,L"N";'''''''-?':'':'~_'_'f'",_",~...f';'''~' '_A " ~","", _~ ,'~ ",',,-" " .- ,~. " ~ 'Rl~lIl1~' _.a_. """""""Ith! ,.;r" ", "-A '~ - r ~ R.,,[ L\ (':);- :;: .~ ~l,p ~ 1- ::'\ o 5' :): '!J(~ o (? ~ Q. L ?( X a 'TJ ;I " I1l ~ eB\~"",*-" ,~,~" ~ ~ - . , 1.- - " ,: '.k~fr.;' ... ... ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT M- 3079 -dOO/ CYP/c 'State Co~monwealth of Pennsvlvania "oJ1Crtf 030163 t,L6.5 Co./Clty/Dlst. of CUMBERLAND >- 7 Date of Order/Notice 07/19/01 oil-- 30&,'73 Court/Case Number (See Addendum for case summary) @Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE: KRAFSIG, DONALD C. ) Employee/Obligor's Name (Lastl First, Mil ) 162-22-7155 ) Employee/Obligor's Social Security Number ) 8992100781 } Employee/Obligor's Case Identifier ) (See Addendum for plaintiff names assodated with cases on attachment) ) Custodial Parent's Name (Last, First, MI) ) EmployerlWithholder's Federal EIN Number STATE EMPLOYEES RETIREMENT SYS EmployerlWithholder's Name PO BOX 1147 EmployerlWithholder's Address HARRISBURG PA 17108-1147 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,100.00 per month in current support $ 100.00 per month in past-due support Arrears 12 weeks or greater? o yes @ no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 200 .00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 276.92 per weekly pay period. $ 553.85 per biweekly pay period (every two weeks). $ 600.00 per semimonthly pay period (twice a month). $ 1.200.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Referto the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDUl Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania seou, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: MBNo.:097o-0154 7-;;C~O ( Exphation Date: 12131/00 Ji ~. /' ~ ~ Date of Order: .. 2(\ ZOOt Service Type M Form EN-028 Worker 10 $IATT ',- -,-~~ .J-L '~- . .1_ ~- , ~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. 1. ' Priority: Withholding under this Order/Notice has priority over any other legal process under Sta,te law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting ag~ncy listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Repull;lIl;lllC,; PayJatJDal:t ufV/;tlll,vIJillg:. Y--o~ Inust lepolt 1I1'C I-'QyJdh.../JAte of njd,J,oJdiJ.B HLeh selld;uo tit..... j..-Q}II/e:nt. TIle pa)date/date of vvitl,l,oIJil,g i~ tIle dare 611 nl,;c:L alllouht vvas vy;lLLelJ f1611l t11'C ehlployec's Ua5'C;'. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support OrderINotices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See 119 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 3475100068' EMPLOYEE'S/OBLlGOR'S NAME: KRAFSIG, DONALD C. EMPLOYEE'S CASE IDENTIFIER: 8992100781 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or seVerance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another Stat~, in which case the law of the State in which he or she is employed governs. 8. Anti.discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pehnsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.e. 91673 (b)l; or 2) the amounts allowed by the State of the employee's1obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. 'NOTE: If YDU Dr YDur agent are served with a copy Df this Drder in the state that issued the Drder, YDU are tD fDIIDw the law Df the state that issued this Drder with respect tD these items. Requesting Agency: If YDU Dr YDUr em plDyee/DbligDr have any questiDns, DOMESTIC RELATIONS SECTION cDntact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephDne at (717) 240-6225 Dr P.O. BOX 320 by FAX at (717\ :'>40-6248 Dr CARLISLE PA 17013 by Internet @ Page 2 Df 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970.0154 E:xpirationDate: 12/31/00 ~t..~" ~, ,_ ~ I 'J 1. ':::_ ,.'- , ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KRAFSIG, PACSES Case Number 030J.03493~t?t#tf'3 Plaintiff Name 7 ~ PAULINE D. KRAFSIG Docket Attachment Amount 0J.=3079 CIVIL$ J.,200.00 Child(ren)'s Name(s): DaB DONALD C. dli~~~~~~~:;~~~;~;;~:i;~~.:~:~;~II;~;~~;I~i;~~;..'..//..i.... identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB dl;~~;~~~~~~~~;;~;:~~;;;~;~:~roll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB BI;..~~~~~:~:';~~..~;~;~~~i;~~;~~~;:II.;~;..~~;I~(;;~;........{....... ..... identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB bl;~h~~~~~~;~~~;:;:~~i;~~:~~~;~il.;~:~~il~i;;~;.'..........H....... .... identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker 10 $IATT OMBNo.:0970-0154 Expiration Date: 12/31/00 *,q'-l>'"~~ , L I ~',. ,L ~-,I .-, ,-' , -"'- " "':;. ".-"~ ,,~ ,~_t ",_',. 1_ fl .. DR 30693 PACSES ID 030103493 PAULINE D. KRAFSIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW DONALD C. KRAFSIG, Defendant : NO. 3079-2001 CIVIL TERM DEMAND FOR HEARING DATE OF ORDER: July 29,2001 AMOUNT: $1,100.00 per month plus $100.00 per month on arrears FOR: Alimony Pendente Lite Reason(s): Hearing Officer failed to take into consideration the extra-ordinary expenses ofthe Defendant in preserving the marital asset, to wit, the marital home. The Defendant's obligation of spousal support, payment of the mortgage and taxes, will leave him with zero income for him to sustain himself with the necessities oflife. EMAND FOR HEARING: July 24,2001 Attorney for Defendant, Donald C. Krafsig .," ._.1.<""::",, -- (.... .....j. CERTIFICATE OF SERVICE ",_ " ^-" ,I _,IT , """"""," ~ "I cJil?> ,"-, I hereby certifY that I am this day serving a true and correct copy of the attached DEMAND FOR HEARING on the following individual by First Class U.S. Mail addressed as follows: Date: 1 ~ Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant, Donald C. Krafsig ,,~,~, ~ 0 N" __":_ :+~~ ~~!iI1~:?t~iiillti-,!I>Irl!--;;"f"'c;,"<d" ,&,"Imgf,-'i",~~iki"~_"ill:'{e',h'-'o'"a'."",, ,">";_H""G~':," ',1.'"'.,"'.-,('4j,*:I!'!l~~~iliIlil!I!t~illli!\i;I-'~ -t;""i'N~"'~ mir "~ t~ ~~ ~I;)'f -/0 Ua..o ",,~!;,j!!!~.[LWIIJLl.' l"IIl1..!UII,Ll'~N,.....,.....,.,-"nw"J"u. . ,.,....", . 'f'~ ~-".,,-_ . .',' . .'" _ ""<"""" . > "-~ ,"'~~"'~ ~ ~~" J[II11\li~r.tiili~ C) ~~~~ ~,i' ~~,- 0; " .. )," ~~l .'L, "", -, " ~ ~ 'Mf" r.. 11 " I i . I. I I \ I ! i I \ , I I I , I , .l( ., '. .>__ h_.__~_.-.__.~,,__._."____..._~.. 'en t;; .. .... ,ao::DO '~~~ "'tImo,=, "''''':0"' Z:OOCl' Z!"""f'I"I' ~~::D~ ~g~~ .." " ZOOM -c::mO ..Z~"", ......... ... " ... en '" z: "" -n ::J: . -.0 U'I No. 1538 !J FEE.SIMPLE DEED-Typewrite. <!tbtg 3Jnbrnturr 11 :Dllhtlkp UJI1P 16th September in the year 01 our Lord Q,u day 01 I'k.u.an~ Nine Hun~re~ an~ Seventy-five (1975). IdWi'i'll DONALD C. KRAFSIG and PAULINE KRAFSIG, his wife, of Mechanicsburg, Cumberland County, Pennsylvania, Grantors and parties of the first part AND DONALD C. KRAFSIG and PAULINE KRAFSIG, his wife, of Mechanicsburg, Cumberland County, Pennsylvania, Grantees and parties .,/ the secuna fI("". ilittu'!il1etb 'l'II"t Ih,' 1111;,1 /lflr/ies ,-,j tll-f' li,.,t /Hlrt';'jtJr flwl in rflRNi,lcrat;f/l1 "f the .um oj NO CONSIDERATION-_________________n________________n__________ I I , J --' [)ollars, /IIwJul Immcg vj tlte Uuitetl Stlltes Ilj A.mc,.;ca, u'ell tUui truly paid by tlte Baid pur/ips II/ tll, HCOOntl part to tlte 8aid parties oj tlie first part, at ami hrJm"1'- tile lIealirlU and d('lit'l'ry ul th('~, presents, lite rceeil,t whereof is hereby acknowledged, have "ranted. bargained, sold, aliened, en/coffed, rcle"setl.' (!()IH'f~ycd "lid cunJin'l-cd and by theBe pr~Rrnt" dfl gr""t, Imrgl,i", "1'//, "li,.", ,."fI'OIf, ,>clem"., c01l-t"ey, and ('fJllf;,"m ,,,,to thf' ~'aid parties "1 the Becond part their> J,(';rH '11I,1 ';1I11;9"If, 1\11 those certain pieces or parcels of land situate in Lower Allen Townshin, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of the Lisburn Road (L.R. 21014) at its intersection with the northern line of Fox Hollow Road; thence along the northern line of Fox Hollow Road, North 70 degrees 46 minutes East, a distance of twenty (20) feet to a point; thence still along the northern line of Fo~ Hollow Road along a curve to the right having a radius of two hundred thirty-five (235) feet, an arc distance of one hundred eighteen and ninety-four hundredths (118.94) feet, and also an arc distance of eighty-seven and two hundredths (87.0~) feet to the inters~tion of the northern line of Fox Hollow Road with the northern side of High Meadow Lane; thence along the northern side of High Meadow Lane, North 43 degrees 16 minutes Eastj a distance of two hundred five and fifty-four hundredths (205.54) feet to the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan, to a point on said ~lan; thence along said dividing line North 46 degrees 44 minutes West, a distance of two hundred eighty-six and twenty-three hundredths (286.23) feet to a point; thence South 66 degrees West, a distance of twenty (20) feet to a ~oint; thence along said Hubbard lands also sou~h a distance of two hundred twenty-two (222: feet to the eastern side of Lisburn .Road; thence along the eastern side of Lisburn Road, South 15 degrees 44 minutes East, a distance of one hundred fifty-six and thirty-seven hundredths (156.37) feet to a point; thence still al~ng the eastern side of Lisburn Road South 19 degrees 14 minutes East, a distance of eighty-eight (88) feet to the northern line of Fox Hollow Road, the point or place of BEGINNING. 600J!fZ6 PAGE 190 I PLAINTIFF'S EXHIBIT I '" - , ~---. !: ! \ , !; I r l.. 1::.-- ] l' " I ~ ", t, ',.'_' h':,o_, --...........-- ..-.-----...-,--" BBI~G form.erly Lots # 2 and #3, Plan ,No. '1 of High Meadow,' Lower Allen Township, Cumberland County, Penn~ylvani.a~ Said prem1ses are now known as, Minh Mo~Anu~Lnnp M~chanicsbura. Pcnnsylv~ni~ \ ' , with their merger,into One -.. lot. UNDER and SUBJECT to easements and restrictions of record. BEING part of the same premises that were conveyed to the within arahtors by Deed':' of Conveyance dated April 1, 1974 from William K. Whiilock,et ux Elizabeth .Ii..-,- :Which DeC:d is recorded in and for Cum.berland. rounty, Pennsylvania, in Deed Book )'11=''', ....~ Vol~mc 25., 'Page 312 and also part' of the _premises 'we:e cOrivey~d .~o :.he said Grantors by Deed of Conveyance dated August 6, 1973 from Wil,ham K."Whi Udck, et ux Elizabeth A., which Deed is recorded in and for Cumberland County, Pennsylvania, i~ Deed BOO~ ,~"P", Volume 25, _~age 310. . ,.) ~ -. \"'. Wngtt111"r with all and Bingularl the tcncmenb, hereditaments and appurtenances to the .ramt' belonging or in anywi8e appertaining, and the reversion and reversions, remainder and remainders, renta, i.teucH, and prQ/ita tltcreot,. Attb reI.!ut all tke e816te, rigkt, title, intercet, property, claim tln.d (lcmand whatBoever, both in law and equity, of the said part ies "1 the'fii'Bt part, of, in, t" 'Ir 'mt 01 the Raid prt"milfp.R. ami Cflr.ry part and paH.'pl thereof I, r l , {. {' " '. :1 I' I '\ III IDa I1ntte nnll tu hnlb I/.e ..Id fWeml.e.,.wllh .11 ~..d ~1..gulM' Ihe .ppurl......c.., u..lo the Raid part les of the second pf1rt~ heirs and aaRignB, to and for the only proper 118C an,1 br/IO!/ oJ the Bai,Z pa-rt les of tile second IJBrt, their heirl/ and aBBignll fm'(,I'er, I I Ii Ii II " 1 I.. Ii " I' i' II. 111" i' ili ,.,./. . ' I I, I { ill I,: I ' I ' i ~! 1\nll '1 rUB SAID parties of the first part, their heira, U80utO,., antlIJdmln18tratora, dt} with Ih. ..id p.rt ies of the seccnd I""t, tlR8igns, that the Baid parties by thl'-88 pr8l1ent" ootten-ant, gra1lt and agree to and their h.lr. .nd of the first ~a~t, their heirlf all and singular tile het'editaments and premilelJ hereinabove described and granted or mentioned.. fJnu intended so to be, with appurtenances, unto the sald part ies of the 8econd part, !te{ra and ltaslg1ts, against the aaid pa.,.t ies 0/ tlte Jirat part and their keirll and agaInst all and el:ery other person or personR 1chomR()('ver, lawfully claiming or to claim the Bame Qr any part thereof, .h.ll a..d will, by th... pro.ent., WARRANT AND FOR. BVEII DEFEND 1Jn lIitnl'!ifl IIhl'rl'uf fI('rcunto B('t their hands the ..irL part ies of tho first pari "iNe ,rad ...ls.....7}..:i:c.:.iJ::.~=.:~t7~E~L) .........~:~~~...~.:...~~:=-~~cr:::~:............... (BEAL) ..........~~..~g...................... (BEAL)' ........................................................................ (BEAL) (BEAL) (BEAL) (SEAL) (BEAL) Slgnell, Sealed and Delivcrt...1 In the Presence of ,..........................................~................................... ............................_~........................................."... ........................................................................ ".............................................................................. .. ....~............. .......... .................. ........................ (SEAL) (SEAL) (SE~L) . ! i I I ; I i ! I , ........................................................................ ................................................................,.............. I . /J.t. .................................................................... (BEAL) BDox,.(JZ6 PAGE 191 . ,;-z , '"' . .~ , r .- '. .. -~-_._._-~---_..---_. -,.,- .,.-----.----.------.... -. .. .,. ." -.,.,.,- , ',' , I I I VOMJIONWBAI,7'1I Of' N;.I'N..~YI,I'ANI..I ) I d" ~ .~S, OOUNTY OF .........M~.,""'c':......................\ On tllia, tll. ......I~....~. day 01 ................::;;rm.1=.l:'mR.\\;:............................... IU.!.'.?... l"'lu/'l' mI' ................a..riatat)/...P.JJ.blic...................................,........................................................... tilt, "lIdrrlt;g",-,1 o/ficer, personally appeared .......D.QllR.),d..(;.,...Kx.i\t.~.~9...i\.(l.11...P.i\).1.1i,.!\!1...lSh,iI,f..~.~9.,...))JI1...~1f.!1........ . . .............................................................................................................................................................................., ............................................................................................................................................................................... I I known to me (or satisfi,ctorily proven) to be the perHolI .5.............. ".lIoNe lIarneS............... "ulHwrilJcd tll the within instrument, and acknowledged that ........ ...t IIry............ (',recuted. tile H(lJn~ "!I.'.. t 'n dmJ.,pl"~'", _ .,., _ . /11' t' d .' ... ~ ...,." 1 '. . , ere.,l con a1ne . .....' ......, ..','._""/ I..';.~.,~ , . . .....-. ....,. IN WITNESS lVJlEI(/~UJt.. J lIereunto set my 11"",1 '";;;!" of . .jll{ sCid. a . ~ . "'.. .', . ~. ~ ~:..ii' f J.~r~lJ.o'L _1......:.>1., ._" ...........................................~........-. .-~" ", . _. . My COlllmi~sion Expi(f~ Ot.~mb~f"'9,.l't1}lt.. (.I . M.lI commt..'18Wn {.rIH, PH. ............Hllnist)(Jfg:.I7:...~.......rS~.[bophirr-et'LInt)' I hereby certify thut tlte Precise Residcncr of tile G,'(wl."{'. in tilt 10ithin LJ(:(!fi;.ji.i:..:~j.C;J.!..,:I:.."..: :.... . 1 17011 '.',.- .,...."....."", ,.......................................!9...f..~*9.:F,~.~n...R~.~~.t...~.~J?..~.7.!...!....~~.r;.~~.:..........................::..~...:..:.!...;..:.:~..d':.....~.i-r.. j '~ . .....................................................;'.................................:::::::::f):~::~~:::~$:::::::::::::::::: ....5 <I o ~ . 1 ....0 '. ''0 ei ~, .: ,<I (:.' >i lI'l: o;Ql : M' 0: t;:E , >< 'I"l: . ~ QI QI l'oi . ~. u" +,' :f " , ~ .... .... 0" got: OJi ~, <I, ~ ~ .... .... M' tn~: @i ...' ... '0 ~ ~ "'.... M' OJ' ~ '0 1 ll.!:I: <1 ll.! '0, ~ % ~ .~ ~ .~ .rol: ~ I 'a I . .10 K.: ~ ~ Ul )..I: ..: u" I ~ ~ ~ < . ot: Clot: Ul<'ird (I): ~ ~, . I I . ~q Cl <I'lli ~i +', 0: .. '" .. ~ ~ ~ u; .~ i ~ ; . '" . g '" . ,.J . $ .s'~~' Q< ~ I/lCl ~~ ~ 'ti ,,,,~i 01 .S I ~ ~!i; " ~ 0" k 0' I 0 m .0; 0 C ~ :::SU: Z[ " . ! M 0 !Ii ~ '~~'.o · . ; < . l<~ l<~ . , t Z . ~ '" 0: "''0, ~ ~ '" +': 'lli~'O:O~' = . . u .l< .l< 0: ~ .0 rtl:..... cd: c . 8 UlIl ~~ QI, M iii ~ QI, ~...., :;: . . ~ III ~ (Il:).oj+" ::t:: )..I: d "C . ~ " 0 ; QZ : OJ d iot: QI, .. " .. 0 ~ . ~~ :;!'" '" a 04 ot:' 0.0' '" '" . ," 'r;; ~ . . J:o '" Z~ .. ... 'i> C\ OJ ~,. 0 .. . ~ 0 :;j':E i = u ., '" ~ ci 8t': ~ 'H Co I-Uj 0 .. . 8ll. U = . oS . ~~tNWEALTH OF I'ENN8YLV ~:~y,} SS: i!!uDrllrll In the rding of Deeds, Mort,Jges, etc., in and for the County n Deed Book 0. Vol. 6<,6 Page .../yq. . __- lIIIIitlltlili My>>nd and Seal of Office, this.. ....... ...... .../6 /'-7 day of ......~~nnoDomini197s::;;: . K eoJi 26 PAGE 192 --. .._- --~-- -, ~, " ~ I 1 :\ 4 .'; ') l.,L.'. - - 'r ~_ki~l~ ,I, .1-..1 ... , .."", . . .-. ..~'.-.,......,----~. --.-..,-"'".------. -'-"--'".,'_.~~.,~ .. 0,-..---."-....,.-.---------,--.-.,..---------- . _'._ . ~ ..........~ " :;;~:; ~ <lo<.I~~':"t....... It;),....~,;:,;. ~. $~;;E ~.1t:4e.;! ::;: '~"'~"",jO ~..~~-t' 0') oroQ,'-.L~' ~~,~~ ~~. ~ .... ~ So. ~136 FEE.SIMPLE DEED-Typewriter . m:btg ,31nbrntufpf ~allr ml1r ~4'.;.R doy 0' ~ O~-oJJ"", io the year 0' o..r Lord b..e TI","...."tNior 11."'1....1 00,1 ~~~~ IDl't1tll'l'n DONALD C. KllAFSIG and PAULINE KPAFSIG, his wife, of Mechanicsburg, Cumberland County, pennsylvania, Grantors and parties of the first part AND DONALI> C. KllAFSIG, of Mechanicsburg, Cumberland County, Pennsylvania, Grantee and party "t the 6r.c;und pU"'. IJttne.astSl1 TABt tI,,: Ifaid- part ies 01 the li,.1It part, Jar and in CORllideratiul1 "11/18 ..,00' NO CONSIDERATION------_______u________~___n_n___uu___u___ . Oullfll'lI, IUWjlllllllJlWU fJf the u'"Ut:ll S/att'N oj ..J.uu:,.;t"U, u;c:lI an" ""uIJl paid by tile "aid part y uJ the ICCClllllt p<,r' tu ttt(~ <<uid P(H't iea oj tile lint pal't, at {lnct IwffJre the ~ealing and dcUt..uy (If tlteae 1J,.tltf'ulll. the ,'r.ceipl u'/lt"f!(Jf i, hm'f'by uckllOlll/ellged, have -'!fau/n/, IJfU'vuilwd, /lU/ll, uUf"I/I'tl, enJeo/b'd, ,'elca8Ctl, ct),n..e}jc:d and cuu/irmc:a alia by thellf pre/f{'nt. d-o YI'Ullt, Im,.!!'I;", 11,.11, ",k", 1'11/""11, ,'C'lecllIC, CPlll'CY, alii! c1mlb1lJ. unto the ~'JhI1)Qrl y. 01 tlu' :tt:,'cllld I""" his li"iI'lI IIIHI' ,,,udgllR, 1\tt those certain pieces or pa~cel of land situate in Lower Allen TOwnship, cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: .' BEGINNING at a point on the eastern side of the Lisburn Road (L.ll. 21014) at its inters~tion with the northern line of FOx Hollow Roadl thence along the northern line of FOx Hollow Road, North 70' degrees 46 minutes E;.;st, a distance of twenty (20) feet to a pointl thence still along the northern li*e of Fox Hollow Road along a curve to the right having a radius of two hundred thirty-five (235) feet, an arc distance ot one hundred eighteen and ninety-four hundredths (116.94) feet, and also an arc distance of eighty-seven and two hundredths (87.02) feet to the intersection of the northern line of Fox Hollow Road with the northern side of High Meadow Lane; thence along the northern side of High Meadow Lane, North 43 degrees 16 minutes Bast, a distance of two hundred five and fifty-four hundredth. (205.54) feet to the dividing line between Lots NOs. 3 and 4 on the hereinafter mentioned plan, to a point On said plan; thence along said dividing line North 46 degrees 44 minutes West, a distance of two hundred eighty-six and twenty-three hundredths (2S6.23) feet to a paint, thence South 66 degrees West, a distance of. twenty (20) feet to a point; thence along said Hubbard lands also south a distance of two hundred twenty-two (222)feet to the eastern side of Lisburn poad; thence along the eastern side of Lisbur.n Road, South 15 degrees 44. minutes East. a distance of one hundred fifty-six and thirty-seven hundredths (156.37) feet to a point; thence still along the eastern side of Lisburn Road South 19 degrees 14 minutes East, a.distance of. eighty~ei9ht (88) feet to the northern line of Fox Hollow Road, the point or place of BEGINNING. BEING formerly Lots #2 and #3, P..!il1' NO. 1M. High MeadOW, Lower Allen Township, nOOK flI :G' PACE 'l;Gl;1' " . , . . ..~. . ~... . .. I . . . I ptLAtNTIFF'S EXHIBIT 2 ,J_"-.."""",,,~,,,,,,,,,,;,,,jCf;,"~ ,,' "r.,,""!"_i:aii\'r.$ffi~.;li;l~~I~ ~;I~li:mIMIII.~~JMi!tt!!i!UiL~~:;:~"""""""~";"';~ ,. ~c;:" ~,'It i~f ~ );;51Ji"ii'ii~li"1'-~~"~-- , cumberland county, pennsylvania. Said premises are now known as High Meadow.Lane, Mechanicsburg, penng,ylvania and have.been merged into one lot. UNDER AND SUBJECT to easements and restrictions of record. BEING the same premises that Were. conveyed tothe within Grantors by a Deed of conveyance from Dqnald C. Krafsig and pauline Krafsig, his wife, dated September 16, 1975, which'Deed is recorded in and for Cumberland County, Pennsylvania, ,in Deed BOok "G", .volume :26, pll:ge 190. This conveyance. is made between. ~pouses and there i. no. consideration involved. , "_,."..,,._ .__u._._' ._ _...._._. _'h.._ ~~.._..l._,,__.. ....._~, ,.._ .,. m:uget~rr witl, all and, ';II!1"/al', tile tCllcmcntlf,. IO'l'f.JitfUIICI,tll ami (I'~JJtIl.tf'''U''CC' to tlw NIWII belollging or in anywise apprrtaillin9, alUt tile ,.(!vcrsim, (11111 rf'I:Cl'tI;Onlf, rClIIu;/Hlrr and rClIlaillflt'rl, rcntB, bltUr,8, ond profit. lltercof; ~ui:l. u1!io all tile ('.t((ft', riyltt. litle, iutf'red, prol,crly, claim 4"d dCl1Iaml wllat8ocvcr, both in law and equity, 01 tile Imid 11",., iea of Ihl' fird part, of, ill, tu fIr out of nu~ ,aid prt'tIliJf"II. mId rl'f:ry part and pnr('('I tltrr"f)J IDn haue . aub t11 l1U1b tlw lIaid "I'Cmill('II.. ,cilia all amIlIill!!"I<<r tlu: uppurtelHlt/CCI, m~lu tllc 8ai;Z part y oj the II('CO'US PfI.'2. his heirB amI IIII.iOIll', tn mid IiiI' tlH~ oPlIV proprr. use alld behofJ oj tltc said pa"1 y oj tlw BCCfJlld ptlrt, hi. . /lrirll and fJltllignll forever.. p , i\Ult TilE SAID partie. of the. first part, their I.ci,'s, cxr:cutor,1I anti ad11linistrntar8, du wit-Ii. tile' 8aid pany 01 th.e aecond l)'lrt~ flAsigns.. that tile .aid parties 11,11 tllt'llt' pn'/wIIIK. C(JI'r'IfUlt.. Ural/l (Hill tigre,: tu 'HHI hi. hcira "".1 of the first part, their r Itein aLL and IIlngular tile Iw,'cditame:nh and pren1<iaell Ilcrcinabot:e dCIIC1'ibed and grunted 0,. mentionl.'d. twd illtr.ndcd BO to be, with appurtcn.ance8} unto the Baid IJart y 01 tha ,C(:fUIIZ part, his he;r, and aRBigna, auainst the laid part 1e8 01 the first part alld their }w;r8 amI D!I(lillst all at/(l et'cry otlter perlon or p~r_on.' 1chDlIIIIOeVCr, lawfully clai",i'lg or to claim thr Xf/mc or allY parl tllereof, .' 3hnll alia 1ril1, by thelle prelclltB, lVAUNANT ANO POR. RVER DEFEND I l , I I L I l1n ~litnr.6!i 11mbrn'llf hrtreullt. .et their ;'and. Ihe ,aid part ies tlud Ilcal a 0/ tl"e jil'6t pa,.t tI\J~ d(IY find year firftt nfJP\lC ulf'ittt'JI .........>r?o~...~rii:t~-~~.....: (SEAL) (SEAl,) lIave SiJ,:Dl'tl. S~uJetJ and Veliverecl in fhp pJ'Ntenee of ...,......~tiW.~9......... (SEAl.) (SEAl,) ,................. ....................................... . (SE.HI ..,...................................................,................,...... ............................................................,..,........ (S/:JA1",J ...............................................,......,..,.....,......,....... .......,........,..................................,.......,............ (SEALI ......................,.......................................,.,........ (S}],t!ll) .......................................................,.,....,.,.............. ..........................................................."....,.....' (SRA!.r ...............................................................,........,....,. ..............................................................,.......,. (SEAL, (SE.J"IJI .......................................................,..........,.,...,...... .............................................8. OX'''' 27 ...... 4 o /'{' . ..'nu..... (SEAl., .".. -."'~ _. ~_~~.~_"~__~ c__~.'. 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'..... .',.,.., ., I.V 1I'17',Y/;"" n.IIIWI.;",.....1 hml.u"'Ifur1<\\\o~Ulll-lullld~1/1/1 "'..t~I~'hl ,,"I. . ...~......;..". ,.: ..:-:..... SALVATO" C. MUO"'. /, ~. ~"711 .. ~' J . '., .' LOI'/ERPAXtON lVIP.. OAUPHIN..~~.N~........ _~ ' "C~....~........iiC:W:fd:&:J. ':. MYCOMMISSION.F,J<PIRES fEB:Z.19Bl . . "': ',. : ",mber Pennsylvanta.~dl1trMfOWotfl6tatles.rJH"t'R: ....".......,......".........;......,~.i.~~.............. :' ~_ ,; III , ,,... Ie ..' 11"','dIU C''I"ti!.II Iltflt till! l'I'I'ci,~f~ Rr.'fidcnre of tlu: Grautrf.', ill tile witldll /)",'11, i~ '...,:.:.('::'-.'~':,...r..:t.., :'.... ::./ ................~QX.n~J;..9t..l:\t9.I:\"M\lMQ!l:..I..'l.1l~>1;W.4...f.91!;..H.QUQ"...R!:I.....R..n....<<3..........:.':.:.;;;;.:;::.::~ .;' .' ............................~~:.'.~~~:.~~.~~~.~...~.~~.~~:....~.~.~~.~... ...~~~.~~w.+..;.........~.... . ~......... ..... .:.........'. . .... ........ .r1.....K~.. ......... ............... 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COUNTY, littllrlltll In the Office for Recording of Deeds, Mortgages, etc.. in and for the County of Q.{.",...l-lOtf:..-/ in Deed Book./11 Vol. ~Zu Page 4 0..1 . /) g- fl' lUihlt!I!l )\Iy Hlme! and Seal of Office, this 0\ . day of o a~l Anno Domini 19 7 7 ~K~i- , . f!e~/:~ BooKf1l27 rA~E 431 _c^ ~ ,~_" l--~", ," .. AJ" . .\.. ~ft.~~n~!Ilii'i~Ml.1fjE-~'~;_t!k""';'""~c.":'k'L'':;-~l,,,~j_B'''J.<,,,W;:$:fflijlldi -, -1li:.;"~C;;I.lw..JtilI!t"'~.. n::i' ~ t ~H'tl~';'l -. ,,_ ,b.J~l,:!J:nW_~,] ~^'~,~^!;:'l~~l~fL;",~'J_-,)J~""'JTh ~.?~!I!-~tJj"",.t-"'P_'~"',,,,<,~ '"""~~'c.~ .' . , "''''''~- ~"~ ,~. ,-, ,"- -~, ~'. . _1 . .-. .. ~.,.~~ " . c~<= I" ",I ,- _ ~ 1"-",:I",',~J" ~,,- '"- ~.. ';. ,;"":'''- "A--r''-.'' "'"": ,', ,[ ',i\ , ~.- WAYNEF. SHADE AITORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717) 243-0220 (800) 243-lJ220 FAX(7I7)249-lJ017 May 8, 2001 Mr. Donald C. Krafsig 1505 High Meadow Lane Mechanicsburg, Pennsylvania 17055 Dear Mr. Krafsig: This will introduce the undersigned as attorney for your wife, Pauline C. Krafsig. Your wife indicates that the circumstances in your marriage have reached the point that it has become necessary for her to make the decision to seek an end to the marriage. We would hope to be able to resolve all of the issues quietly and amicably within the context of a mutual consent no-fault divorce. However, it appears that you took steps in 1977 to have the Deed to the marital residence transferred into your name, alone. Pauline has no recollection of this transaction, and we must insist that the Deed to the marital dwelling be transferred into the joint names of yourself and your wife as tenants by the entirety and recorded within ten days of the date of this letter. If we have not received written confirmation that that has been achieved within that time frame, we will have no reasonable alternative but to spread the details of your marital misconduct upon the public record through the medium of our Complaint in Divorce. If you are unwilling to transfer the marital dwelling into joint names, your wife indicates that she has some information that she can convey to us involving serious marital misconduct which will be made a matter of public record by being included in our Complaint in Divorce. If you transfer the marital real estate into joint names with your wife within the next ten days, it will not be necessary for us to allege the specific marital misconduct. If you are interested in discussing the amicable termination of your marital relationship after transferring the marital residence into joint names, we would urge you to contact legal counsel and have your counsel contact this office. I. P~.WljfIFF'S l 3MISIT -" - ~ ,,- li, /' ( ... Wayne F. Shade, Esquire, to Mr. Donald C. Krafsig May 8, 200 I Page 2 Because we are representing your wife, we will not communicate with you orally. If you choose not to engage counsel, we will respond in writing to any written communications which you would wish to direct to this office. At the same time, we must insist that you direct any communications to your wife through this office. Any attempts to communicate with your wife directly either orally or in writing will be considered to be criminal harassment and will be prosecuted accordingly. Your wife and this office regret the necessity of our taking these positions with regard to communication. However, we see no acceptable alternative under the circumstances. We earnestly hope that we will be able to resolve by agreement the various issues presented. Very truly yours, Wayne F. Shade WFS/cjt cc: Mrs. Pauline D. Krafsig William D. Schrack, III, Esquire ,",-- ,-.." '" ,,' ,.,'-M .'.~" 1,'__""_'<',, --~.,"'"',W,""'.-"-_di"'''',''_','~'~',''X'_j_''~,',- -"", "-;';":"~i> PAULINE D. KRAFSIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3079 CIVIL TERM DONALD C. KRAFSIG, Defendant : DIVORCE : CIVIL ACTION - LAW DEFENDANT DONALD C. KRAFSIG'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND ANSWER TO RULE TO SHOW CAUSE AND NOW, comes the above named Defendant by and through his Attorney, Jay R. Braderman, Esquire, and respectfully sets forth the following Answer: 1. Admitted as to the identity of the Plaintiff. It is denied that there is any danger to Plaintiffs personal safety or that she must reside at an undisclosed location. Ifher personal safety is at risk, proof thereof, if relevant, is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. .=_",r- . '. . "",",""'" -,- ~"- ..". --""'~ _"-,',,"0'",,, , "~'''",,,,c ,.- - > ~- '., , "li"',~: 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to what was wife's "upbringing." It is denied further that wife was "naIve about sexual issues" and that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to wife's naivete. By way of further denial, the allegations in paragraph 7 of the petition are irrelevant to the issues at hand. 8. Denied. The allegations in paragraph 8 are falsehoods, scurrilous and are irrelevant. 9. Denied. The allegation is a falsehood, scurrilous and not relevant to the instant proceeding. By way of further denial, there have been infrequent sexual relations during the marriage because wife's personal hygiene was extremely deficient making her less than desirable to her husband. 10. Denied. The averment of paragraph 10 is a falsehood, scurrilous and not relevant to the instant proceedings. By way of further denial, it is averred that wife, for many years, slept with her clothes on and refused to disrobe in front of her husband. 11. Denied. Defendant Husband was employed in two jobs and was only absent while at work. He did, however, spend inmunerable hours at home because of all the detailed handwork, cabinetry and everything else that he did to improve the marital home. In the past twenty-five -- . ""~>\ years, Husband has only been away from the house overnight on three occasions, two trips to Virginia, and a trip to the Orange Bowl in December of 2000. 12. Denied. 13. Denied. 14. Denied that Defendant is a homosexual. 15, Denied. After reasonable investigation, Husband is without knowledge or information as to what Wife "believes." It is specifically denied that Defendant Husband has engaged in any homosexual relationship. Such averment is scurrilous and is meant to humiliate and embarrass the Defendant when Wife knows that after 44 years of marriage that her husband is heterosexual and not homosexual. Moreover, such averment has no relevance to the issue at hand. 16. Denied. Denied for the same reasons as set forth in paragraph 15 above. 17. Admitted. 18. Admitted. '^" ; "'-- '. ie, ' "0 ~-e. ' , ,"~ t<':"~'!liM,j 19. Admitted. 20. Admitted. 21. Admitted. 22. Denied. Plaintiff Wife agreed that her husband was much better at handling [mances, so therefore, he paid the bills and took care of the household finances. Wife, however, was not deprived of any material items. Her wardrobe consisted of over 1,000 dresses and at least 200 pairs of shoes. 23. Denied. After reasonable investigation, Defendant Husband is without information and knowledge sufficient to form a belief as to the averment. Even if the averment were true, it is irrelevant and is not germane to these proceedings. 24. Denied. There was always a vehicle available to Plaintiff. Plaintiff frequently left the marital home to go with her sister to go on shopping sprees. Moreover, throughout the marriage, at least up until the time that wife's mother was deceased, who lived with Plaintiff and Defendant until her death, Wife spent all holidays with her family out of the house and not with the Defendant. The allegation that wife has been a prisoner is a falsehood, scurrilous and without foundation and is averred only to embarrass and humiliate the Defendant. . ,- -y- " ~ "" -'" . " "';<<1 ~=" ,r.';"1" "'-- ,,- ",,' ~,<, -- _'v__'"'" ~, , -, ,,,,,,",,,,,,,,_,,_,,~,.j_, I~~i(i" 25. Admitted. 26. Admitted. By way of further answer, Defendant, at trial, will present the valid reasons for doing so. Transfer of the deed to Husband was done with wife's approval and without coercion. 27. Denied for the reasons set forth in paragraph 26 above. Further denied in that after reasonable investigation, Defendant Husband is without knowledge or information sufficient to form a belief of the fact that the allegation that wife was ""unaware" that the marital dwelling had been transferred. 28. Admitted. 29. Admitted. 30. Admitted. By way of further answer, prior to Husband having an opportunity to respond to the demand for the transfer ofthe marital dwelling, Wife's attorney filed the within scurrilous Petition. 31. Admitted that there is no reason to re-transfer the marital dwelling as wife's rights are protected by her interest in the marital property as well as wife's counsel filing a Lis Pendens preventing the transfer of the property. =' ~ . "" '-' ,- -'~I . -, ,-. - "h. _,_', ,', ,._., ,,"'";.-__I,~ '~:;,.- ,<. ? i/i;. ;;;'" -~"A:J,-;,,-';i'-->_" " . {'t 32. Denied in that such averment is a conclusion oflaw to which no response is required. In further denial, this Court can enter an Order stating that the marital home is marital property, which protects wife's rights in the event of Husband's decease. Certainly no buyer ofthe real estate would purchase the real estate without Wife's signature on the deed. Moreover, as stated above, Wife's attorney has filed a Lis Pendens, all of which adequately protect Wife's rights in the real estate. Moreover, Husband, through counsel, has consistently advised Wife's counsel that the marital home, no doubt, is marital property. 33. Denied. Denied in that the "allegation of prejudice" is a conclusion to which no response is required. It is denied that Husband has any homosexual partners and it is denied that husband ever made any attempt or discussed any attempt to transfer the property to anyone other than to a prospective buyer. The allegation that Husband may have a homosexual partner is vigorously denied and is a scurrilous attack and is made only to embarrass and humiliate him. WHEREFORE, Husband respectfully requests that your Honorable Court deny the relief requested of Wife and to further censure Wife and her counsel for alleging such scurrilous accusations against the husband. COUNT II 34. The answers of paragraphs 1 through 33 above are incorporated herein by reference as though fully set forth herein. . , "--"''''--.<,l,~~",_'~>>--'''''--^ L 2;~;' 35. Denied. Wife is due to receive very substantial marital property which will more than enable to pay her counsel fees and other expenses of this litigation. In further answer, many of the expenses of the instant litigation were unnecessary in that the scurrilous averments added to the Petition were not appropriate. The Lis Pendens and the fact that Husband, through counsel, has readily admitted that the house itself is marital property, did not necessitate the Wife to file the instant Petition and subsequent hearing. All of the legal costs incurred by the wife were not necessary and she should be liable for her own legal fees and costs, especially since Defendant Husband has incurred substantial legal fees and costs in his own right in defense of these scurrilous allegations. Date: r erman, Esq. I oc st Street . O. Box 11489 Harrisburg. PA 17108-1489 Pa. 1. D. No. 07047 Attorney for Defendant .. ". ~., ."- .~' '-- -. ," '. """"','- ""', ,,"-_ "i'i",>."'_,-';;'",,",,-''-' ,-,-,~,:- c' ~'.", ":..w<jlii,- VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Answer to Plaintiff s Petition for Special Relief and Answer to Rule to Show Cause are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1 I ?;J-L c. iifj Do aid C. Krafsig "" " . _O__="'~"'_',_ ",,0',._, .~" . _,~ ._'~'~;~h .'" CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached DEFENDANT DONALD C. KRAFSIG'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND ANSWER TO RULE TO SHOW CAUSE on the following individual by First Class U.S. Mail addressed as follows: Wayne Shade, Esq. 53 West P6mfret Street Carlisle, PA 17013 Date: 1 I e an, Esq. 26 0 ust eet P. . Box 11489 Harrisburg. PA 17108-1489 Pa. 1. D. No. 07047 Attorney for Defendant ~~i:O!:~-lI~~lE~~~~!ilf~~'3t,,~,,')-'Il-@.~l:JL~~~~ili\i~~~~tm)Jll\I: i ~1illiX: ~, ~ ~,JlJ~-~,~~~o'_ :,.,!!t,:,:I'r~l ~ ,"', <, :~,,-,:d~L~~_""~J,~J t'!!t, J{-'_"-1,JJJ1J,J~_,r:__L_ ,,^,-~'e-<,^'_'_",,,, _,,"""'. '" ';-_^'"~__ -,~,,~, ~-~~"- "',,,.<,~,,, t ~"H. .~ -"~ ~~ -,,, ~ 1:M.1II " -;'1 .), , i" --.,' ~ I...:, --- l<JI' , _.'"H J<I .'e"--'-~"iiln.~i' , " PAULINE D. KRAFSIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01- 301'1 CIVIL TERM DONALD C. KRAFSIG, Defendant : 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 must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. 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 WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 A hearing on the issues of support and alimony pendente lite advanced in the within Complaint is demanded. ~. ~ ~ Wayn~de, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff ~ WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ..-''',. '-'.~'~'-' PAULINE D. KRAFSIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01- 30 11 CIVIL TERM DONALD C. KRAFSIG, Defendant : DIVORCE COMPLAINT COUNT I DIVORCE 1. Plaintiff in this Action in Divorce is PAULINE D. KRAFSIG, an adult individual who resides, for her personal safety, at an undisclosed location and who may be served with process in these proceedings through her aforesaid attorney of record at 53 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is DONALD C. KRAFSIG, an adult individual and citizen of the United States of America who resides at 1505 High Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. , WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 _ "_"r.__~, ~~~~_ ."J'__~ 4. Plaintiff and Defendant were lawfully joined in marriage on June 8, 1957, in Towson, Maryland. 5. The parties have been living separate and apart since on or about May 7, 200 I, when Wife vacated the marital dwelling with nothing but her pocketbook. 6. Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. Specifically, Plaintiff avers that Defendant has been carrying on a homosexual relationship with at least one other male individual during the marriage and continuing to the date of this Complaint. In the alternative, Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. -2- , \ WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . ~- ,,=. --". . "'"m ",""-~' '"- 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. 10. Defendant herein is not a member of the armed forces of the United States of America. 11. There were no children born of this marriage. 12. Plaintiff has no adequate means of support for herself. 13. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 14. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. -3- . , WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~, """~~ -I " I - " ~~ '"" ,~"' ~"",;, 15. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNT III ALIMONY AND ALIMONY PENDENTE LITE 16. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay to Ii Plaintiff alimony and alimony pendente lite or, in the alternative, spousal support. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 17. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. -4- '. WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . . ~- -~~~~ ~"~,, WHEREFORE, Plaintiff demands judgment compelling Defendant to pay counsel fees, expenses and costs of Plaintiff. ~~ Wayne~de, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff . ., ., WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 " l,>"1 ~"'"'-~~~'.'f' ,." "~" , '.-. I verifY that the statements made in this pleading 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: May 10, 2001 (jJ,JJ~iN;~. 4.1' Pauline D, Krafsig :&JJ*~~j,"","l..~,",~il@lol~blOl;"~~i>li,;,"",l:""_"~'U_d:d"*"*l-8"i'-'+'''?,,'i'i~~'''''i-;_E!!il'lIf!!i!'!j~ili'iIWil~~-'ilu ~ .rP , :: ~ ':Z"(> ,,~ d.;,{;ti~".~J;-;Jgt.XrIJJ~Jlmr,~" ""?,"",",, "",J",,_~--J, l,." ,', "",,,,,,,~ "'~,r<~,"""_~ .'-"__~ ._ , . '^., _co, ~'-" .~ ~ , ~~"~,........&Iil~ 0 C::. C -,,,~ \][:;'1 ::::;: ITl (r~ p. t% 1~~'~ -< I',,) -<" ' r-O :< -j.? ~:;C) ~, ~() _.. ~-,.c_: r;~ 2: :;} "-> .~ -,- ~ ~ .,- ,.. - " " "-~ , ;1 ',_I ,'. --""- "''''''''-_'~d ,- "', 1- ~, JAYR. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PENNSYLV ANIA17108-1489 CINDY J. WILSON Legal Assistant (717) 232-6600 TELEFAX (717) 238-3816 May 14,2001 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, P A 17013 RE: Krafsig v. Krafsig Dear Mr. Shade: Please be advised that I represent Donald C. Krafsig. Mr. Krafsig has shared with me your letter addressed to him of May 8, 2001. If Mrs. Krafsig chooses to file a Divorce Complaint, be advised that I am authorized to accept service of the Complaint. I agree that it would be in the parties best interest to resolve all issues "quietly and amicably." However, I cannot advise Mr. Krafsig to immediately transfer the deed to the marital residence to joint names. I will not advise him to do that particularly subject to the various threats made in your letter. I frankly do not understand why the transfer of the deed is deemed to be so important when all property accumulated during the marriage is presumed to be marital property. In my opinion, your threat to "spread the details of your marital misconduct upon the public record" would be ill-advised and accomplishes nothing. If you care to discuss this case in a reasonable and non-threatening manner, feel free to communicate with me. Also, Mr. Krafsig has in his possession, a tax refund check made out to himself and his wife in the amount of$I,351.00. Mr. Krafsig is willing to split the proceeds of that check with his wife. Please advise what arrangements you suggest to guarantee that both parties receive their share of the refund. I PLAIN~tFF'S . .... EXHIBIT 'I I ,J ",1 1,1 'b . - Wayne F. Shade May 14, 2001 Page Two I look fOlward to hearing from you. JRB/cjw cc: Donald Krafsig ,--; I ~" I', ~,.,-". . .'".', --, -,.~ . ",,"", ~" j )'f< . ~ ",,"-~I ,~ _ L PAULINE D. KRAFSIG, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3079 CIVIL DONALD C. KRAFSIG, Defendant CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF ORDER 13"- AND NOW, this day of August, 2001, following hearing, the petition of the plaintifffor retransfer of the marital dwelling is GRANTED. It is ordered and directed that the defendant, Donald C. Krafsig, within thirty (30) days hereof, retransfer the premises of the marital dwelling at 1505 High Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania, to himself and the plaintiff, Pauline D. Krafsig, husband and wife, title to be taken as an estate by the entireties. The cost of said transfer to be borne by the defendant. BY THE COURT, Wayne Shade, Esquire For the Plaintiff Jay Braderman, Esquire For the Defendant ~q.fll" ~ F./Y.Oj r+-. :rlm ~i\\l~,*,.:;.nk4jli",-~"ti"'-Ili.j'MhJi",'J\i;"l:al@B;'\~Jlj;llifur~..._ii@t~ii'llit.liW-~iI;le;,,'1;!l~~ ' ~MWiil "~"~~~r",.L" 0;:.-' ~' (;?;~~ 7/ " "U9}' c, (// /'ill"' d,..'l,r / <.- /~ ,I CUM,.. ',if /U: ~ f) '0('~l'\i' " '.... t"'1f'o .""''''';'_{:;' 'CiV/vs>> 1/, COUr,f)" t.."~A(J1 'I r ~ .ilkfLl\;\;l_JJ..t" L~~~~ "'"C- .~ .":,,,'_.J -,Jl~~iJj~8<UIi.-~" !UllJLP!~J)J<"_~-'1"~_,vco . = .. ,,-~-. .ilaIlIIi , ~,~ ~ " ~," , -~-' -, ~ ' ". PAULINE D. KRAFSIG, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3079 CIVIL DONALD C. KRAFSIG, Defendant CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this z?-" day of September, 2001, after hearing and careful consideration of the testimony adduced, the court finding that the incomes of the parties are as set forth in our previous order of court but that the defendant has assumed an extraordinarily large mortgage payment in connection with the maintenance ofthe marital home, the guideline amount of the alimony pendente lite order in this case of$I,100.00 is adjusted downward and it is ordered and directed that the defendant pay to the Pennsylvania State Collection and Disbursement Unit the sum of $900.00 per month payable as follows: $800.00 per month for alimony pendente lite; and $100.00 per month on arrearages, effective May 21, 2001. All other terms and conditions of our order of July 19, 2001 not inconsistent herewith shall remain in full force and effect. BY THE COURT, Wayne Shade, Esquire For the Plaintiff . ;-74- A. Hess, 1. ~ r_~fG'R ~~ Jay Braderman, Esquire For the Defendant ,".,,...~,,,, --- ~~~, ~ "" - 'l , ,J_I .-." . , '" ~....l"'b' ,~ '" .... State Commonwealth of Pennsvlvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 10/03/01 Court/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT })JiL OI-3{)7tJ ell/If- mcstr; 0 3DI tJ 3 '-/93 /)JC. 3o~"/}3 o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE: KRAFSIG, DONALD C. ) Employee/Obligor's Name (Last, First, Mil ) 162-22-7155 ) Employee/Obligor's Social Security Number ) 8992100781 ) Employee/Obligor's Case Identifier ) (See Addendum for plaintiff names assodated with cases on attachmenV ) Custodial Parent's Name (Last, First, MI) ) EmployerlWithholder's Federal EIN Number STATE EMPLOYEES RETIREMENT SYS EmployerlWithholder's Name PO BOX 1147 EmployerlWithholder's Address HARRISBURG PA 17108-1147 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TJON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 800.00 per month in current support $ 100.00 per month in past-due support Arrears 12 weeks or greater? Qyes <R) no $ 0.00 per month in medical support $ o. O{) per month for genetic test costs $ per month in other (specify) for a total of $ 900 . 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 207.69 per weekly pay period. $ 415. 3 ~ per biweekly pay period (every two weeks). $ 450.00 per semimonthly pay period (twice a month). $ 900.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: OCT : :Ij-,~ /{lv,," 1.;::-. ~jIlI! 0 ._ _ OM' No.' 0970.015' =.: _~piratlonDate;1213'/OO ~ ~ :::rvDlJe Form EN-028 Worker 10 $IATT Service Type M 'L' , -", ""'"""~:LJ,""", .__J ... ~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS '. 0 If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State iaw against the same income, Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributabie to each employee/obligor. 3. * Ikpoltil.g tLG Po1yJo1tc/DatG ofVJitl.l.oldillg. 'tOtlllltlst Jepolt 11 n~ paydatel.:::Jate of vvi1l.I.oldihg vvLeh se.hdihg tI.e payl.1ellt. TI.e; pa.ydatc,'do:lt(. of vvitl.l.oldiJI5 is tI.e da.te Oil vvlli...J, o111l0Ullt vvo13 vvitl,l,eld {IOlu tile eh1pIOye;e;';:l VVQ5e;;J. You must comply with the law of the state of the employee's/obligor's principal place of empioyment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 3475100068 EMPLOYEE'S/OBLlGOR'S NAME: KRAFSIG, DONALD C. EMPLOYEE'S CASE IDENTIFIER: B992100781 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obllgor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. "NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these iterns. Requesting Agency: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATIACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970.01S4 Expiration Date: 12/31/00 ----.~^ -.J " -, ,~"-- '^ "'~,' ',~ ~~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KRAFSIG, PACSES Case Number 030103493 13[&93 Plaintiff Name ! ~ PAULINE D. KRAFSIG Docket Attachment Amount 01-3079 CIVIL$ 900.00 Child(ren)'s Name(s): DOB DONALD C. d'I~:~~~~~~d:;~'~'~;~";~~~i;~~:;:~;~;i;~:~~ildi;~~;i.,\.,."."."..",' identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 15;;~~~~~:~:;~~~;~;~~~i;~~::~~;~;:;~~~~il~i;~'~;{"'?/."',i' identified above in any health insurance coverage available through the employee's/obligor's employment. SelVice Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB '.'dl;~~:~~:d,;~'~~;~;:~~i;~~;~"~~;~II;h:"~~ildi;:~;'". \."'.."'..i "',,, identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker 10 $IATT OMB No.: 0970-0154 Expiration Date: 12131/00 '""""'^ - ] -',' <-'"~I_1i.iii.. 'v-" jl;j~.>, ," '. PAULINE D. KRAFSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3079 CIVIL TERM PACSES: 030103493 SUPPORT CIVIL ACTION - LAW DONALD C. KRAFSIG, Defendant TRIAL MEMORANDUM OF DONALD C. KRAFSIG 1. HISTORY OF THE CASE ,/ On May 21,2001, the above-named Plaintiff, Pauline D. Krafsig, filed a Complaint in Divorce in Cumberland County, against the above-named Defendant, Donald C. Krafsig. That Divorce Complaint was docketed to No. 01-3079 Civil Term. Immediately prior to filing the Divorce Complaint, the Plaintiff had moved from the marital home. Soon after filing the Complaint in Divorce Plaintiff Wife filed a Complaint for Spousal Support! Alimony Pendente Lite. Defendant Husband is 71 years of age, and Plaintiff Wife is 66 years of age. Both are retired from the Commonwealth of Pennsylvania. A hearing before a Domestic Relatiojls Conference Officer was held on July 19, 2001. At the hearing, it was determined that Plaintiff Wife had a net income of $1 ,488.00 per month and that Defendant Husband had a net income of $4,477.00 per month. Wife's earnings were calculated based upon her Commonwealth of Pennsylvania Retirement. She never invested in, nor is she eligible for Social Security Retirement Benefits. Husband was determined to have a net income of $4,477.00 per month, which consisted of his Commonwealth of Pennsylvania Pension, plus Social Security Retirement Benefits. i , ~' . . ,-" ,,-~" . > ~ ;21;"- ,., . With those net earnings assigned to each of the parties, an Order issued from this Court requiring Defendant to pay $1,100.00 per month for Alimony Pendente Lite, and $100.00 per month on arrears. Arrears were set at $2,200.00 as of July 19, 2001, and arrears accumulated from May 21,2001, the date Wife filed for support!alimony pendente lite. At the hearing, Defendant Husband argued that the marital expenses, particularly in preserving the primary marital asset, well exceeded his income, and therefore there should be some consideration of a reduction in the amount he was to pay for alimony pendente lite. As aresult of the Order of Court assessing Husband with a net monthly payment of $1,200.00 to his wife, an Appeal was taken by the Husband for a hearing de novo, which is scheduled for September 24, 2001, and pursuant to which the instant memorandum is filed. II. ARGUMENT It is well settled that under the so-called support guidelines, more particularly Pennsylvania Rules of Civil Procedure, Rule 1910.16-4, Spousal Support, is an easy mathematical calculation being 40% ofthe difference, subtracting obligee's monthly net income from Obligor's monthly net income. Pennsylvania Rule of Civil Procedure 1910.16.5, sets forth possible deviations from the amount of support. More specifically, that rule states: 191O.l6-5(a) "if the amount of support deviates from the amount of support determined by the guidelines, the trier of fact shall specifY, in writing, the guideline amount of support, and the reasons for, and findings of fact justifYing the amount of the deviation." Rule 191O.l6-5(b) states in part: "in deciding whether to deviate from the amount of support determined by the guidelines, the trier of fact shall consider: (1) unusual needs and unusual fixed obligations; (5) assets of the parties." 2 ". '_ ~ ,__~ _," ~,~..,.__" ..-1 ;,,~,,~-- ~~ -~"~ - ~ - 'L..'I< 'I _c,,,,,;,,.:,,' _"'~, ,. . This particular support case is most unusual in that the primary marital asset of these parties, after 44 years of marriage, is the marital home. The parties have owned this home since 1977, and substantially all of marital income and other assets have gone into adding to this home, by adding floor space to it, fixtures and furnishings. The parties have no other significant assets. The home consists of approximately 14,000 square feet, has an adjoining outdoor pool and is located on a little over two acres. It is currently listed for sale with a broker for $1,899,000.00. Because of the listed price and the fact that there are several rooms in the home that are not yet completed, it is not likely that a buyer for that amount of money will be found in the immediate future. Certainly, some reduction in price is contemplated. That reduction in price may come as a result of the broker's suggestion. Defendant Husband continues to remain in the home and irrespective of what Wife may represent, ,she was not forced to remove herself therefrom. Husband relied upon wife's income as well as other saved assets, which have been dissipated by now, to maintain the home and to complete other rooms ofthe house. As per exhibits to be introduced at trial, the husband continues to have certain fixed expenses regarding the home. There are two outstanding mortgages having about a $150,000.00 balance. Mr. Krafsig is required to pay $2,736.00 per month on those mortgages. Refinancing those mortgages as continually suggested by Wife's attorney, is not feasible because of the cost of refinancing and because of Husband's advanced age. In addition to the mortgage payments, the real estate taxes on the house amount to approximately $620 per month. The mortgage payments and tax payments alone amount to $3,356.00 per month. The required payment of the mortgages and taxes do not include other fixed expenses such as house insurance, utilities and maintenance. 3 .--~ -~ d~ , , , I '. - ..'-';'; - "'-~l ' ,.,' ~_,'. ~ j,__ ." An analysis of the parties' joint income and their ability to meet expenses prior to Wife's voluntary removal Jyom the home, is instructive. Considering Wife's net monthly income at $1,488.00 and Husband's net monthly income of $4,477.00, that amounted to household income of$5,965.00 per month. That net joint household income was sufficient to pay the mortgage, taxes, utilities, and to generally run the household. In addition, there was available in prior years, at least through the beginning ofthe year 2001, some accumulated savings that the parties drew uponto meet extra expenses. Those savings have now been dissipated (if necessary at hearing the source of those savings will be produced). Currently, and in consideration of the existing support order, Mr. Krafsig has available to him $3,277.00 ($5,965.00 - $$1,488.00 wife's income -$1,200.00 husband's support obligation). Net income available to Husband, again, is $3,277.00, which net income to him is less funds than the total cost of the mortgages and real estate tax payments. IfMr. Krafsig continues to pay the mortgage and real estate taxes, he has no monies to pay for utilities such as heat, electric, etc., and more importantly has no funds, whatsoever, to buy himself necessities of life, such as food, medical prescriptions and other medical expenses. As was stated above, the primary marital asset is the marital home. As a result of this court's opinion in a companion case, there has already been a deed transfer, whereby the home is held by both parties as tenants by the entireties. Mr. Krafsig never denied that his wife had a full marital interest in the real estate. Introduced as exhibits, will be other fixed expenses of Mr. Krafsig, including , homeowner's insurance, auto insurance, maintenance costs, including plumbing, lawn care, refuse cost, etc. By Mr. Krafsig continuing to pay the mortgage and attempting to pay other costs of maintaining this home, he is indeed preserving the single significant marital asset. Mrs. Krafsig should help in the preservation of this marital asset and the only way she can help is to 4 -,,,<~"~(111li1 ~. . 1,1 ',I ~' I " , ~ ": ,-~ c' '~-~~k.:,~ ' .. . agree or have the Court order a significant reduction in the amount of alimony pendente lite to be paid to her. The home is large enough whereby it may be prudent for Mrs. Krafsig to move back in and contribute part of her income, as she had done in the past, to the maintenance and preservation of the marital asset. Mrs. Krafsig was never in any danger from Mr. Krafsig and according to Mrs. Krafsig, the marriage had eroded many years earlier and apparently they lived peacefully under the same roof. When the house is sold and the proceeds of that sale equitably divided, then both parties will be moving from the residence. Mr. Krafsig desperately needs Mrs. Krafsig's help in continuing to finance, maintain and preserve the house. As Peunsylvania Rules of Civil Procedure, 1910.16-5 states: unusual needs and unusual fixed obligations may be taken into consideration, as well as the assets of the parties, when deciding whether or not there should be a deviation from the support guidelines. It is submitted there should be a substantial deviation because of the unusual needs and unusual fixed obligations ofMr. Krafsig. The assets of the parties are primarily this very valuable home and the parties jointly should do whatever they can to preserve it for distribution of the proceeds of that asset at a later time. In the event the Court sees fit not to give Mr. Krafsig any relief as requested, Mr. Krafsig cannot possibly pay the taxes and the mortgages and tend to his personal needs including purchasing medication for himself, as well as food for his own consumption. The house, if not sold, through a normal sale, may be lost by mortgage foreclosure or nonpayment of taxes, which, 5 .", ., ~_ '4~ - - II I. I_~, " ""~L"', 'io!I:lil'i'd_0, ,. , of course, may be argued may take a year or two. Nevertheless, Mr. Krafsig must take care of his personal needs of food and shelter before he makes any additional payments for taxes and mortgage expense thereafter. Respectfully submitted Date: a rman, Esq. 1 oc t Street P. O. Box 11489 Harrisburg. P A 17108-1489 Pa. 1. D. No. 07047 Attorney for Defendant 6 ,_v ~ ~ _ _,,,, ~ '.~ _ ," In the Court of Common Pleas of Cumberland r/' County, penn~Jl2001 Phone: Fa",: '~1P~~~9~~T'S :", "",} Plaintiff Name: Pauline E. Krafsig Defendant Name: Donald Krafsig Docket Number: 30693 PACSES Case Number: 030103493 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Income and Exoense Statement THIS FORM MUST BE FILLED OUT (If you are selt~empIoyed or if you are salaried by a business of which you are owner in whole or pan, you must also fiU out the Supplemental Income Statement wbich appears on page two of this income and expense statement.) INCOME STATEMENT OF Donald Krafsig Section I: Income and Insurance INCO\IE: Emplo)'er Address Type of Work. Payroll No. Gross Pay per Pay Period S Retired Pay Period (wkly.. bj.wkly., etc.) Itemized PayroH Deductions: Federal Withholding S Social Security S local Wage Tax S Slllte Income Tax s Retirement $ Savinos Bonds S Credit Union S Life Insurance S Health Insurance S Other Deductions (specify) S S S I s NetPayperPayPeriodS 4477.00 per month OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest S S S Dividends ?ension "ld"? Idl d?d Annuity Soc ial Security U?<; 11 "l"nn Rents u _ Royalties Expense Account Gifts Unemolovmenr Workmen's Comnensation Other Ocher TOTAL S SA A.,., ""l7?d TOTAL INCOME S Ownership * PROPERTY OWNED DESCRIPTION VALUE H W J Checking Accounts M&T s 308 X Savings Accounts P.C"'!"'TT <;1d y Credit Union , Stocks/Bonds Real Est3te X Other TOTAL IS 832 * H=Husband; W=Wife; J""Joinl Service Type Form IN-OOS Worker 1D J:.. -Id..IJ ,,[,. , ,,'>" ". "":~:";';_:'''-' .'w '~ j.o --1'1- Income and Expense Statement PACSES Case Number INSURANCE Coverage * COMPANY POLICY # H W C Hosoital Blue Cross Other Medical Blue Shield Other Health! Accident Disability Income Dental Other * H=Husband; W=Wife; C=Child Section II: Supplemental Income Statement a. This form is to be HUed out by a person o (1) who operates a business or practices a profession. or D (2) who is:a member ofa partneoorp or joint i:e~ture, or o (3) who is a shareholder in and is salari:d by a dosed corporation or similar entity. b. Attach to [his statement a copy of the following documeO!S relating to the partnership, joint venture. business. profession. corporation or similar entity: (1) the most recent Federal Income Tax Rerum, and (2) the most recent ProHt and Loss Sutemern c. Name of business: Address and telephone number: d. Nature of business (check one) o (1) partnership D (2) joint venture o (3) profession D (4) closed corporation o (5) other e. Name of accountant, controller or other person in charge of financial records: r. Annual income from business: (I) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions. if any: Page 2 of3 Form IN.OOS Worker lO Service Type " , " " " ;~ Income and Expense Statement !tI<llIllb..:t.;W'- Section ill: Expenses PACSES Case Number Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal SupportJ APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) (Fill EXPENSES EXPENSES (continued) WEEK MONTH YEAR WEEK Home 2736 32832 Education Mortgage/Rent S S 100 s 1200 Private School S Maintenance Parochial School Utilities College Electric S S 1 hn S '-"1(\ Religious Gas Personal Oil A"" ""~" Clothing S Telephone Ll" Aon Food Water Barberi "a"d-s'" Sewer/refus 15 180 Credit Payments Emnlovrnent Credit Card Public Transport. S S S Charge Lunch Memberships Taxes Loans Real estate S S 620 s 7447 Credit Union S Personal Property Insurance Homeowner's S S 204 s 2452 Automobile 34 404 Miscellaneous Life Household Help S Accident Child care Health 90 1080 Papers/books Other Maoazines Entertainment Automohile Pay TV Payments S S S Vacation Fucl .J.UU .L~UU Gifts Repairs Legal fees Medical Chantable Doctor S S 50 s 500 Contrihutions Denti'it 50 500 Other Child S"n~'" Orthodontist Alimony Hospital Pavmento;; Medicine 60 720 Other Special needs Pet S (glasses, braces, 40 480 APL ortho~i.. "'evir- Buick Regal I Total WEEK MONTH YEAR I Expenses: $ S 6525 s 78295 * in Appropriate Column) MONTH YEAR s s s 15 180 s s s s 20 24 s 30 s 360 1200 14400 * 1985 (106,000 ffi:Lles) I verify that the statements made in this Income and Expense Statement arc true a~d correct. I undcr~tand. that false ... statement'! herein are subject to the criminal penalties of 18 Pa. C.S. ~ 4904, relatmg to unsworn falsdicattOn to authontlc,s. PlaintilT or Defendant Date PageJorJ Service Type Fonn IN-OOB Worker ID _ c. . _~ 2000 TAX RETURN FILING INSTRUCTIONS U.S. INDIVIDUAL INCOME TAX RETURN FOR THE YEAR ENDING DEc:.E.MElEl<, .,,}~.,. ,. .:2,O.() O. Prepared for DONALD C. & PAULINE D. KRAFSIG 1505 HIGH MEADOW LANE MECHANICSBURG, PA 17055 Prepared by HARTMAN & SCHEUCHENZUBER, CPAS 4823 E. TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 Amount of tax Total tax $ Less: payments and credits $ ,. Plus: interest and penalties $ OVERPAYMENT $ ....U.l..??,? ):2.l..~()6 o X,3?X Overpayment MIscellaneous Donations Cradited to your estimated tax Refunded to you $ . 0 $ b $,:::);~:5i Make check payable to NOT APPLICABLE Mail tax return and check (if applicable) to ".rum m"m '.1 mailed on or before Special Instructions INTERNAL REVENUE SERVICE PHILADELPHIA, PA 19255-0002 APRIL 16, 2001 THE RETURN SHOULD BE SIGNED AND DATED. r~D.E.,".."..'~,........E........,.,.......,.,....N.,:.',........f.,B..,..'...~...."..'......,','~1i~.. if ..~<...,.. .............,.>:... '_'ISI )$-OC -----. ~~ -,~ l._. PAYER'S name, street address. city, state and ZIP code CO~nI01-iWEAL TH OF PE1-i:-iSYL Y A1-iIA STATE EMPLOYEES' RETIREMENT SYSTE~I PO BOX 1147 HARRISBURG, PA 17108-1147 PAYER'S Federai 10 r,um'oer Recipil:.I1,'$ {D number 23-1732438G 289.30-7913 Recipient's. name, Streel add,ess., city, state and Z[P code PAULIKE D KRAFSIG 1505 HIGH MEADOW LANE MECa\KICSBURG PA 17055 1IIIIIIIli!II!lilllllllllllmlllllllllillllllllllll~1II1111111111111111111111111111 "'0.;2d93079130581" PA YER '5 nJ.me. stree: .1ddre55. eil). st.1te and ZIP code CO.\t>IO\WEALTH OF PEN:\SYL\'A:\I.A STATE EMPLOYEES' RET1REME1-iT SYSTE1>\ PO BOX 1147 HARRISBURG. PA 17108.1147 PAYER'S Federal 10 nurni:>e!" I Recipient'slD number 162-22-7155 city, state <lrlLI ZIP code 23.1732438G Recipient's. n:llllC. s.treet iuJdrcSi. DO~ALD C KRAFSIG 1505 HIGHMEADOW L~ MECHA~ICSBu~G PA 17055 111111111I11 1111111I11 1IIIIIIIil 1111111111111I11111111111 1111111111111111111111111111 "'~-llo:!:!~7\55)-1-)h - d' o CORRECTED (if checked) Grois [)is-::ribuCior: $20,275.20. 1.:1 Ta.'(JofeAmotin;; $20,275.20 2b Taxable amount C' not determitled 3 Amount in Box 2a eligible let capical gain election Page 1 of 1 DivlB NO. 15--1-5-0119 2000 I i I o Scateme,1: for Reciplent3 of Discribution from Pensions. Annuitie" Retirement or Profit-Sh:1ring Plans, IRAs. Insurance Contracts, etc. Total Distribution 4 fl:(h.:r.:tE Inc,orne- Tax Wi.tnnt:IJ $2,418.48 15 Emplo~ee CoMribu,ions 7 Oht. code ! 9.1 Your total dist.1 7! ~, 19b local employe~ contribution, l~ ~kdical premium Dep;l,":ment a{ t~e Trea;ury . Internal R.e~'enue Ser.:ke COP\' C This information is being furnished to the Internal Re....enue Sen-ice. Keep this copy for your recor-ds. 81i27-12-.581 form l099-R G~O'h Di+:::~'\.I,ior. -: CORRECTED (if checked) O~[B :--;0.15--1.5.0110 S51.810.00 2., 1.:\:...1,,:(: .-$'(.:o"r::, 551,810.00 I ?b I - I 3 ! . Taxable. arnQu:'\, 110t dt::tt::rmint:d ArrlOUrlt irl Box 2a eiigi:,:c fo: <;:apita\ gain e.\ctti$l~ Page I of I 2000 StJ.tt:r:tcn: fo~ Rccipic(:(j 0: Di)t~i(Hdior: Frol':1 P!::r1sio;.s, Ann~liri":i. Rc~::c:nc:1t Or PrGfit.S\\;;o.r:'.\~ Pbth. [R..l.,~. (nSu(J.r1l,;c Cor.,ra":1i.etc Total Distributio:t !l ~ ~ Ft:'tk.:tUm:oll-lt: T<lx Withheid 510,488.24 5 Empio)ce Conuibuc'lOrh 7 Di". code . 9a Your total dii'., 7 ab Total emplo:-::\: contribution, I.J. ~kdic"i pn:rniur1~ Oq\;vtro.<.:n~ o[ the l"~.bu:: . Inturt;J1 R~\-\:l1u( ')'.-;'ic< COP\' C This inform3tion i:; being furnished to th~ lr1tern;lI Re\"etlUf Senice. Keep thi~ cop~ for your records. Xlili-lt-3--\.3(\ ~l""ro.l()99-R ~ is U.S. Individual Income Tax Return 1!<991 .... IRS Use Only. Do (lot write. or st<?o?(e ill this s!,ace. Label For the year Jan. 1-Dec,31, 2000, O(ottw tMyear beginning , 2000, ending 20 OMB No. 154s..0074 (See Your first name and initial Last name Your social secutity number L DONALD C. KRAFSIG 162 22 7155 instructions A on pag' 19.) B 11 a joint return, spouse's iirst name and initial last name Spouse's soc:ial security number E PAULINE D. KRAFSIG 289.30.7913 Use Ihe IRS L label. Home address (number and street). If you have a P.O. box, see page 19. T Apt, no, ... IMPORTANT! ... Otherwise, H 1505 HIGH MEADOW LANE please print E You must enter R City, town or post office, slale, and ZIP code, your SSN(s) above. or type, E Presidential MECHANICSBURG, PA 17055 _..~., E'1040 Election Campaign (See page 19.) Filing Status Check only one box. Exemptions If mars than six dependents, sa, pag' 20. Income Attach FormsW-2and W.2G here, Also a\loch Form(s) 1099-R i1lax was withheld, If you did not getaW-2, se, pag' 21. Enclose, but 00 not attach, any paymenLAlso. please use Form 1040-V, Note. Checking 'Yes" will not change your tax or reduce your refund. Do you. or your spouse jf filing a Joint return, want $3 to go to this fund? Single Married filing joint return (even jf only one had income) Married filing separate return. Enter spouse's soc. sec. no. above and full name here. .... Head of household (with Quaii^jlng p,rson) (See page 19.) If the Quaiifying person is a child but not your dependent, enter Ihis child's name here. .... Oualifying wiOOw(er) with d,p,ndent chiid (year spouse died ~ ), (See page 19,) Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax return, do nol check box 6a . ,~- ~ '1.11 Department of the Treasury -Internal Rev""ue SeNice 2000 You ~ DYes[XlNo 1 2fy' f= 3_ 4 Spouse o Yes [Xl No - 5 6a X b [Xl Spouse e Dependents: (1) First name last name (2) Depend!lnt'ssocial security number p)O'ilpendent"s relalionsnipto ''" (1~ ~fld~~r Cl1i?dUXCfedil (see paae 201 22 Add the amounts in the far right column for lines 7 through 21, This is your lotal income. 23 IRA deduction (see page 27) 23 Adjusted 24 Student ioan interest deduction (see page 27), 24 Gross 25 Medical savings account deduction, Att-lch Form 8853 25 Income 25 Moving exp,nses Attach Form 3903 26 27 One-half of self-employment tax. Attach Schadul, SE 27 28 Self-employed health insurance deduction (see page 29) , 28 29 Self-'mployed SEP, SiMPLE, and qualiflad plans 29 30 Penalty on early withdrawal of savings 30 31a Alimony paid b Recipient's SSN ~ 31a 32 Adlj lines 23 through 31a 33 Subtract Hne 32lrom line 22. This is your adjusted ross income ~?g~.101 lHA For Disclosure, Privacy Act. and Paperwork Reduction Act Notile, see page 56. l7060403 759103 162227155 2000.05030 KRAFSIG, 00NALD C. d 7 8a b 9 10 11 12 13 14 15a 16a 17 18 19 20a 21 Total number of exem tions claimed.. Wages, salaries, tips, etc, Attach Form(s} W.2 Tatable interest. Attach Schedule B if required Tax-exempt Interest. Do not include on line 8a Ordinary dividends. Attach Schedule B if required Taxable refunds or credits of state and local income taxes Alimony received 8usiness income or (loss), Attach Schedule C or C-EZ ... Capital gain or (loss), Attach SChedule 0 if required. If not required, check here Other gains or (losses), Attach form 4797 Totei IRA distributions, 'G:J I b Taxable amount (see pag, 23) Tot,1 pensions and annuities. . 16a b Taxabte amount (see pag' 23) Rental rea! estate. royalties. partnerships, S corporations, trusts, etc, Attach Schedule E Farm income or (loss). Attach Schedule F Unemployment compensation Social security benetits I 20a I Other income, List type and amount (see pag' 25) PROPERTY TAX REBATE 8b qqqq,..;q[jq 12,486.1 b Taxable amount (see page 25) ~ 32 ~ 33 No.ofbo;<;es checked on 6a and6b 2 No, of your chiJdrenon6c WhO: . lived with you .ljkii'\Ot((~ewith you due to divorce or separation isee-page2G) Dependents on 6e not entered abo~e Add numbers entered on lines above ~ 2 1,129. 72,085. 10,613. 100. 83 927. 83,927. Form 1 040 (20oc,j ~ 34 Amount from line 33 (adjusted gross jncome} . ..... . ... 35a Check if: [X] You were 65 or older, D Blind: CKJ Spouse was 65 or older. Add the number of boxes checked above and enter the total here... b It you are married filing separately and your spouse itemizes deductions, or you were a dual.status alien, see page 31 and check here 36 Enter your itemized deductions from Schadule A,line 28, or '.iiin'd.iii deduction shown on the left, But see page 31 to tind yourstandard deduction it you checked any box on line 3Sa or 35b or if someone can claim you asa dependent """ 37 Subtract line 36 from line 34 38 If line 34 is $96,700 or less. multiply $2,800 by the total number ot exemptions claimed on line 66.1f Hne 34 is over $96,700, see the worksheet on page 32 for the amount to enter 39 Taxable Income, Subtract line 38 from line 37. If line 381s more than line 37, enter-O- 40 Tax [see page 32), Check if any tax from aD Formls) 8814 b D Form 4972 :'" 41 Alternative minimum tax. Attach Form 6251 42 Add lines 40 and 41 43 Foreign tax credit. Attach Form 1116 11 required 44 Credit for child and dependent care expenses. Attach Form 2441 , . 45 Credit for the elderly or the disabled, Attach Schedule R , 46 Education crea\ts, Attach Form 8863 47 Child lax credit(sae page 36) 46 Adoplioncradit.AttachfDrm8839 ' '''''' """,'",",,",," 49 OtMr. Check if from a D Form 3800 b 0 form 8396 c 0 Form 8801 d 0 Form (specilyl 50 Add lines 43 through 49, These are your total credits" 51 Subtract line SO from tine 42.lf line 50 is more than line 42, enter -0. . 52 Self-employment tax. Attach Schedule SE , 53 Social security and Medicare tax on tip income oot reported to employee Attach Form 4137 54 Tax on IRAs, other retirement plans, and MSAs, Attach Form 5329 it required 55 Ad'Jance earned income credit payments from Form(s) W42 . 56 Househoid employmentlaxes, Attach Schedule H 57 Add lines 51 through 56, This is your tolal tax "" Payments 58 Federal income tax withheld from Forms W-2 and 1099.." 59 2000 estimated tax payments and amount applied from 1999 return 60a Earned income credit (EIC) b Nontaxable earned income: amount ~ I and type ~ 61 Excess social security and RRTA tax withheld (see page 50} . 62 Additional child tax credit. Attach Form 8812 . 63 Amount paid with request for extension to file 64 other payments. Check if/rom a 0 Form 2439 b 0 Form 4136. 66 Add lines 58, 59, 60a, and 61 through 64. These are your tolal payments. 66 If line 65 is more than line 57, subtract line 57 from line 65. This is the amount you overpaId ... 67a Amount ot line 66 you want refunded to you ..".. "" ,",," "" ''',,'' ...."" "'''''' ,.. "," """ ~ b Routing number ~ c Typeo D Checking 0 Savings .... d Account number 68 Amount of line 66 au want a lied to our 2001 estimated tax , ~ 68 69 If line 57 is more than line 65, subtract line 65 from line 57. This is the amount you owe. 70 Estimated tax enalt. Also include on line 69 70 Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief. they are true, correct. and complete, Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Your signature Date Youroccupatfon Daytime phone number Form 1040(2000) Tax and Credlts Standard Deduction for Most Peo{:lle Single; $4,400 Head of household' $a,4$0 Married filing ioint\yor Qualifying widow(er): $7,350 Mamed filing separately; $3,675 Other Taxes IfyouhOlve a qualifying child,attach ScheduleEIC Refund Haveit directly deposited~ See page 50 and fill in 67b, B7c, OlndG7d. Amount You Owe Sign Here Keep a copy toryour records. ~~--~ :c.' .J 'II I' ~ , DONALD C. & PAULINE D. KRAFSIG 162-22-7155 o Blind, ~ 35a ~ 35b ~ 38 39 40 41 42 43 44 45 45 47 48 49 ~ 50 51 52 53 54 55 56 57 58 59 60a ~ 12,906. 61 62 63 64 ~ ~ ~ ~ Hartman & Scheuchenzubel Date PrepOlrer'S ..... P ai d signatur'l! J' Pre parer' s Firm's Mme(or Use Only YOllrs If self.em. ployedLadcr'l!ss, and ZIP code Page 2 83 927. 16 682. 67,245. 5 600. 61,645. 11,555. 11,555. 11,555. 11,555. 12,906. 1,351. 1,351. '0002 '.03.01 7060403 759103 162227155 2 2000.05030 KRAFSIG, DONALD <:- 1 h')'1 ')'71 , -- -"~--_.- ,I I, I" SCHEDULES A&B (Form 1040) OMS No. 1545-0074 Department ot the Treasu"J Interr'lalAevenueService (99) Name(s) shown on Form 1040 Schedule A - Itemized Deductions (Schedule B is on page 2) .... Attach to Form 1040. .... See Instructions 10r Schedules A and B (Form 1040). 2000 ~~~~~n~o. 07 Yourso<:;ial seeurityllumber DONALD C. Medical and Dental Expenses Taxes You Paid (See page A.2,) Interest You Paid (Sec page A.3.) Note: Personal interest is not deductible. Gifts to Charity If you made a gin and got a benefit for it. see page A-4. Casualty and Then Loss" Job Expenses and Most Other Miscellaneous Deductions (See page A'S for ex.penses to deduct here.) Other Miscellaneous Deductions Total Itemized Deductions & PAULINE D. KRAFSIG Caution: 00 not include expenses reimbursed or paid by others. 1 Medical and dental expenses (see page A'2) ,13E;E;..13'l;'l\,'l;'E;~n;:,N'l;', 1 2 Enter amount from Form 1040, line 34", 2 8 3 , 9 2 7 . 3 Multiply line 2 above by 7 .5% (,075) , 4 Subtract line 3 from line 1. If line 3 is more than line 1. enter ,0.. 5 State and local income taxes 6 Real estate taxes (see page A.2),,, 7 Personal property taxes. 8 Other taxes. List type and amount ~ ------------------------------------- ------------------------------------- 9 Add lines 5 through 8 , 10 Home mortgage interest and points reported to you on Form 1098........................ 11 Home mortgage interest not reported to you on Form 1098. If paid to the person from whom you bought the home. see page A.3 and show that person's name, identifying no., and address ~ 12 Points not reported to you on Form 1096. (See page A.3.) 13 Investment Interest. Attach Form 4952 if required. (See page A-3.) 14 Add lines 10 through 13" 15 Gifts by cash or chacko If you made any gift of $250 or more, see page A-4 16 Other than by cash or check. If any gift of $250 or more, see page A-4. You MUST attach Form 8283 if over $500 17 Carryover from prior year 18 Add lines 15 through 17", 19 Casuaity or theft los5(es), Attach Form 4684, (See page A'5,) , 20 Unreimbursed employee expenses - job travel. union dues, jOb education, etc. You MUST attach Form 2106 or 2106.EZ if required, (See page A.5,) ~ 21 Tax preparatJon fees 22 Other expenses - investment, safe deposit box, etc. List type and amount ~ 23 Add lines 20 through 22 " 24 Enter amount from Form 1040, line 34 24 83 92 7 . 25 Multiply line 24 above by 2% (,02) , 26 Subtract line 25 from line 23. If line 25 is more than line 23. enter .0. 27 Other. from list on page A.6. list type and amount ~ 28 Is Form 1040, line 34, over $128,950 {over $64,475 if married filing separately)? CKl NO. Your deductIon IS not limited. Add the amounts in the far right column } for lInes 4 through 27. Also, enter on Form 1040, line 36. D YES, Your deduction may be limited. See page A.6 for the amount to enter. LHA 019501 1Q.18-QO For Paperwork Reduction Act Notice, see Form 1040 instructions_ 3 2000.05030 KRAFSIG, DONALD C. ~ l7060403 759103 162227155 16222:7155 2,086. 3 6,295. 4 o . 5,741. 9 10,941. 5 741. 14 10 941. 16 17 18 19 240. 240. 1,679. 26 o . 16 682. Schedule A (Form 1040) 2000 L . ~" ~ L.. d> .ll L I "~ ~-. "' ~" , SchSldul~ A&B (Form 1040) 2000 > . Narne{si shown on Form 104()_ Do not enter name and social security number if shown on page 1 OMS No. 1545-0074 Page 2 Your social security number DONALD C. & PAULINE D. KRAFSIG Schedule B - Interest and Ordinary Dividends 162'227155 Attachment Sequence No, 08 Part I Note. If you had over $400 in taxable interest, you must also complete Part III Interest 1 Ust name of payer. If any interest is from a seller.financed mortgage and the buyer used the Amount property as a personal residence, see page 8.1 and list this interest first. Also, show that buyer's social security number and address .... ALLFIRST BANK 53. M&T BANK 56. PSECU 1,020. Note: If you received a Form 1099.INT. Form 1099.0ID, 1 or substitute statement from a brokerage firm. list the firm's name as the payer and enter the total interest shown cn that form. 2 Add the amounts on line 1 2 1,129. 3 Excludable interest on series EE and I U.S. savings bonds issued after 1989 from Form 8815. hne 14. You MUST attach Form8815. 3 4 Subtract line 3 from line 2. Enter the result here and on Form 1040. line 8a ~ 4 1 129. 6 Add the amounts on line 5, Enter the total here and on Form 1040. line 9 6 You must comptete this part if you (a) had over $400 of interest or ordinary dividends; (b) had a foreign account or (c) received a distribution from, or were a grantor of. or a transferor to, a foreign trust. 7a At any time during 2000. did you have an interest in or a signature or other authority over a financial account in a foreign country, such as a bank account. securities account. or other financial account? b If 'Yes: enter the nam, of the foreign countlY ~ 8 During 2000, did you receive a distribution from. or were you the grantor of, or transferor to, a foreign trust? If 'Yes," you ma have to file Form 3520. See page B'2, For Paperwork 'Reduction Act Notice, see Form 1040 instructions. Part II Ordinary Dividends Note: If you received a Form 1 09g.DIV or substitute statement from a brokerage firm, list the firm's name as the payer and enter the ordinary dividends shown on that form, Part l\l Foreign Accounts and Trusts LHA Note. If you had over $400 in ordinary dividends, you must also complete Part III. S List name of payer. Include only ordinary dividends. If you received any capital gain distributions, see the instructions for Form 1040, line 13. ... Amount 5 Ves No Schedule B {Form 1040) 2000 4 2000.0:;'030 KRAFSIG , bONAl,]) (:. ,01 5.00 '060403 7:;'9103 162227155 "I h")J')'71 1 --.-.,. L_' S-CHEDULE A MEDICAL AND DENTAL EXPENSES STATEMENT 1 _ '0," ~.~ DQNALD C. & PAULINE D. KRAFSIG 162-22-7155 DESCRIPTION AMOUNT PRESCRIPTION MEDICINES AND DRUGS MEDICAL INSURANCE PREMIUMS PAID DOCTORS, DENTISTS, ETC. 643. 1,092 . 351. TOTAL TO SCHEDULE A, LINE 1 2,086. l7060403 759103 162227155 5 G DON'ALD C i 2000.05030 KRAFSI, . ., STATEMENT(S) 1 .......... i ~ ! :,j p :1 ',ll IO 0' c' '0 fI:lm -0 I o Z m J .::! <0 " '" .:, '" " '" 0;:: rO Oz (J)O m> 0-< :;;--j me om z(J) mO (J)> 0-< >- -<:2 ooe ,,:D :D(J) -0 0> >-< -<<0 (J)> ;:: .;. -0 ;:: :D '" c: 3 ~ ,; ~ -0 ~ 3 '" l' " g " :D '" " '" -So m ~ " i5' "' '" (J) !g, > 0- 0. m "' "' '" 0- (J) or 3 'C '" 0. m " < '" i5' 'C 9' .r ~""'\J::X:: mO\>:D o@c> IIC'" >-z~ z(i)m(j) (5I ~ (J);:: 0 Olm 0 e> Z :DO > 00 G -0:;; 0 >r '" ~> "Z om '" 0\ <7' -~ I -:"., ,.:;. -" ~-< cv ;;:~ -., ~~ ~z 9-0 ~ ~ -I ==: 00 ::;; D ::J~ "> % , n O<OH O\;:'" !ii!<!1'i '1;l ,.,-p-Il-I ::Ob:l I'tIHI o~ s.., ... G1 ~P? P? ~~t:'~~ :<~~~~ ::o~oo O.......HIi g;:::b:l> t:<........~HI t>:lNHlrt Qg~~ H H. @", '" ~.: , ~ ~ ~ x :DIr-I moO- Cf.lc-l(i) -cn(J)I gm~~ z!(o~m :::!-ac.u> >0 0 ro 0 r :;; -;:: "'> ~-o IZ -0 Gl.. 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Or-' 0 (] :E:03'1 ZtTjO )>(" ::.:::t:::1J.:l. on ;l>;S '=' t" ;l> Z m ::S:l-'~ ttICJJ;:J;:I nO;l> :I:01'"l1 :J> U'l Z:CH HHGJ ()C)- !';1:I: lD t1 C3'O ;omz Cl>)> Ot" -nOt::! >~ n II I!~ I I I II i , ;l> 0' o < '" t" >-> ~lZ om en en "ClUJ t.....)::w 1 pm (.0 I-~ en i'ttl' . ~"<fJJ . 1 U) , I. le- II--t;:cn 'h.~tn ~cog n~~3: >I..o)>llJ ~'-.O:;o;:-;- '"ljw..<tU ;S.2~~ r--zzO) t"':g: n m~p:;' Ji \jt'""~q) o~ ::::. H 1-- ~O"Il -.. <;UtiJ <.0 ;- rrt" '-< I-~ "-lZ Jl1 C OC:""-lo' >-[TJ;<:1H l- (TICD ! )> U1 tn >4 (Jj CO (,:) ;:u.. m [TJ ;0 ,,-,~ I_."".,,,~r g ~ ~ ~ ~ ~ ;, ; ~ "'1 (D ~ ~ w ==< t"""' o &; o ' o m "~ -1(". pi: ><~ 20 ON -1_ n m '0 o o ~ :cr~ \!10fIi :P :c (,1 t""rrJ~ ;0 fTl U'l U>;l>X .-Jro >t";o -JrrlrrJ rrJZ 0'1 .-J.-Jn ;l>O:r: X:E:O 2:0 tilt" :c HO ":IH 0, .-J ;0 H n -; t_' '-' >- t',) ~ w co '" 00 '" w o o w .... I:;) h) ,* :$: '* ,* *' : 0 : * 0 * (jJ .....* >- *<D* * . . ~~ I I . , :"",-1, > " '^ '-" ><- ' ,---,~,~-' , , lq"rm" Y'IWaYRoint . BANK LOOK FOR US. WE'LL GET YOU THERE, p.o. Box 1711. Harrisburg. Pennsylvania 17105-1711 Member FDIC DONALD C KRAFSIG PAULINE D KRAFSIG 1505 HIGH MEADOWS LN MECHANICSBURG PA 17055-6769 STATEMENT DATE FOCUS 8/24/01 3354 PAGE I ACCOUNT NUMBER TYPE Of ACCOUNT: INTEREST PAID YEAR TO DATE 0100076790 fOCUS 50 fREE INTEREST ,36 ANNUAL PERCENTAGE YIELD EARNED (APYEl .90 % DAYS IN CYCLE 31 AVERAGE BALANCE 7.05 PREVIOUS BALANCE 7.05 DEPOSITS 1.176.79 WITHDRAWALS 1.176,79 CHARGES .00 INTEREST .00 ENDING BALANCE 7.05 DATE 8IlD/DI 8/10/01 ACTIVITY DESCRIPTION DE POSIT AUTOMATIC LOAN PMT DEPOSITS 1.176.79 WITHDRAWALS 1.176,79 BALANCE 1.183,84 7.05 --------------------------WaypoTnt-bank-has-thelmortgage-products~o-suTt-all-your needs:-Whether-------------------------- your looking to finance your dream house. or fix up your current home. Waypofnt Mortgage Centers are here to help. For more .informatfon about any of WaYPoints mor~gage products please call 1-866-91g.7646. Customer Service Toll-Free 1-866-WAYPOINT (1-866-929-7646) . In York Area 717/815-4500 www.waypointbank.com POD-502(6101) ~I ~J~i . L -- <'<~-, . ~,J ~f -! "-;..i.:..~~~";"_"_'. . . . . . .. : .. . 101/01 1 6 0050063164 OCr 01 01 1559.94 " D:'_'a..~= "'.-~I"'I}/~~.. 2 . DONALD C KRAFSIG ~ ! DATE PAULINE 0 KRAFSIG OCr 16 01 1637.94 , 2 ! PLEASE ENTER AMOUNT PAID Ii 0 -- u < CHECK NO, " " 0 . > WaYPOint Bank AMOUNT PO BOK 8517 9\'r'MENr MUST BE RECEIVED PRIOR TO D4T1; Harrisburg, PA 17105 INDICATED TO Al-OID LAlE" CHARGE. USE LABEL WHEN PA'r'ING BYMAIL ': 5000'''00 50,: 005001;3 lr I; 1,1/' 20 ,"0000 lr 55"1"11",' .-: i. .": .- .:~, :'_' ..._ .....,. ' . '-',--I.. PSE/;,.\l. '[J~" \!. ,~~~ Account 0162227155 KRAFSIG,DONALD C ID DUE DATE PRINCIPAL INTEREST Withdrawal from REGULAR SHARES 01 3,500.00- 0.00 Check Disbursed Document Number: 1729178 Effect: 09/04/01 Post: 09/04/01 Tlr: 0056 FEES 0.00 DONALD C KRAFSIG DONALD C KRAFSIG 1505 HIGH MEADOWS LN MECHANICSBURG PA 17055-6769 Account 0162227155 KRAFSIG,DONALD C ID DUE DATE PRINCIPAL INTEREST Withdrawal from REGULAR SHARES 01 3,500.00- 0.00 Check D:;sbursed NEW BALANCE TRAN AMOUNT SEQ prev Bal: 514.36 4,014.36 3,500.00 #243530 3,500.00- Document Number: 1729178 FEES Effect: 09/04/01 Post: 09/04/01 Tlr: 0056 SEQ 0.00 DONALD C KRAFSIG NEW BALANCE TRAN AMOUNT Prev Bal: 514.36 4,014.36 3,500.00 #243530 3,500.00-. NO STOPPA YMENTPERMITTED PSECU is obligated to pay this Cashier's Check according to its terms at the time it was issued. If the check is lost, stolen or destroyed please contact us at (800) 237-7328 nationwide or (717) 234-8484. _.~ .", ...;.1 ~, _l, "I" ~ ~ m~" -.:,. ~ L 'if~~ rm.M&fBank ACCOUNT NO. ACCOUNT TYPE STATEHENT PERIOD PAGE 3440003204 CLASSIC CHECKING JUL.21-AUG.21,2001 1 OF 1 00 o 04306H NH 017 13064 DONALD C KRAFSIG 1595 HIGH MEADOWS LN MECHANICSBURG PA 17055-6769 CAPITAL-HARRISBURG BEGINNING DEPOSITS I OTHER CURRENT ENDING BALANCE DTHER ADDITIONS CHECKS PAID SUBTRACTIONS INTEREST PD BALANCE NO.1 AHOUNT No.1 AHOUNT NO. I AHOUNT 96B.B3 01 0.00 71 S07.85 o I 0.00 0.00 460.98 ACCOUNT SUMMARY POSTING DEPOSITS,INTEREST CHECKS I OTHER DAILY DATE TRANSACTION DESCRIPTION I OTHER ADDITIONS SUBTRACTIONS BALANCE 07-21-0l BEGINNING BALANCE $968.83 07-23-01 CHECK NUHBER 6847 93.12 07-23-01 CHECK NUHBER 6842 43.50 07-23-01 CHECK NUHBER 6846 13.96 818.25 08-06-01 CHECK NUHBER 6849 57.21 08-06-01 CHECK NUHBER 6848 7.00 754.04 08-10-0l CHECK NUHBER 6851 213.15 08-10-01 CHECK NUHBER 6B50 79.91 460.9B ENDING BALANCE $460.98 ACCOUNT ACTIVITY CHECKS PAID SUHHARY 0842 684B 6851 07-23-01 08-06-01 08-10-01 4~.Si.i 7.00 213.15 6B't6:.E 07-23-01 6849 08- 06- 01 13.96 57.21 6847 6B50 07-23-01 08-10-01 93.12 79.91 NEED LIFE INSURANCE COVERAGE, BUT DON'T WANT TO SPEND A FORTUNE? HIT INSURANCE SERVICES, A DIVISION OF HIT BANK, NATIONAL ASSOCIATION CAN HELP! WE HAVE ACCESS TO OVER A DOZEN LIFE INSURANCE COHPANIES AND HANY DIFFERENT LIFE INSURANCE PRODUCTS TO HELP FIT YOUR NEEDS. DON'T WAIT TO PROTECT THE ONES YOU LOVE FROM FINANCIAL TRAGEDY. VISIT ANY HIT BANK BRANCH OR CALL US AT 1-800-350-9285. INSURANCE PRODUCTS. ARE NOT FDIC-INSURED. HAVE NO BANK GUARANTEE. HAY LOSE VALUE. INSURANCE PRODUCTS ARE OBLIGATIONS OF THE INSURANCE COHPANIES THAT ISSUE THE POLICIES. LOOSA (1~193) I~ ~'I . ~ """~ 'I_~-~ - ,., ,A-<i" '" -, "..!.<s". '''~,;; -1 ') ! 'I I I n "': C ;:0:0..., :j , , N ~ c..~ ~ cg 1 :E ~ ~ ~ - .....*, , I r "'- M ,~ ~ j , , ,", ~ !J1 g ;-; '-' fj) '" z x Z j G) N ~ J :"1; .1>. D D i :j '" r J t.J H -. '-' . v 1 s:: z ~ " --' " .. D .. ~.' _.' ~ , , i-' !-: J '.! Z w ~, n I v G '..J 1 r..) .-, ~~ p: ~ ~ ~ ..... 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'''-' _ TEAAJ:l~1..__________._______________ - :=:: !i '.;:" 8 ~ w .j:::. .<; :~ - ~ o :;" .'> :'"~ .::::. "1 <~ .;.:.. '.' --, z .~ --; '" - z ..., ." " ~~ '.J.' >',", "*' -" ....' D 3~ 9 ~ z '"' ni --< "':" -"--' = - " ."- "7'~' - - ., - -. ~: 'w', , , ==.. '-. 7':- z ,,"-, c '.'~I "> t., ," i~ '''':' <-' ,~ ~~ [!Ii ~;ti ~Ri p ., .-) CJ -i <, - , 2: '," :;;~ C':i .,., ..- ... ~ = '" CO2'=' ',--,' -=:. '-1 -:-." :-: ,_'~ :-r :.-;. .... ~ ~< ; ,'. .... ''-:'';::' """"'. c'r..) J> "'~ "":: " e, _ _;:=~E.JB.ljg8E- '7 ~~ ;:~.:. ~-. z k j L .,l.l..~-,__L" ,-,I ~_i _ , ~ i_ill!'" M" OIJ BLIZZARD'S PLUM8!NG, HEAT!NG & Aie, INC, 424 Mumper Lane DiLLSBURG, PENNSYLVANiA, 17019 DATE {:,/ !.8/Cl. ACCOUNT NUMBER 17.)So 697.4040 432.3999 Aller 30 days 1 %% interest. L()NJ\LD KFJ"3'\F:3I'3 lS05 B.IGE HEi~.DGv.l LANE ~I.Z<::H.AlfICSBrJF.G P~. 17055. AMOUNT ENCLOSED $ RETURN THIS PORTION WITH PAYMENT >'",,;~,'.,t. 't&;1~.'i9Bi\.ftj3~~~A.N.1i9R~i;l1i:~;i"', . RE?AIFBD MOEN KITCEEN FAUCET v INSTALLED E'IXTlTRES IN PINK BATBROOH. _ 3/S'! X d" NIPPLES CHROME .2 - 3/B" ESCRECNS 3/811 A.1oJGLE STOPS 1 - ~!OEN CA...'O_TRIDGE BP.ASS 1 1 1/ ,1" CEL~Ct-l.E TR;J:' 05/04/S1 ,:TOE .j RRS J.} $48.00!w. OS/21/01. ,-TeE 2 li2 li."03 @ 548. OO/E...r:: 06/06,'01. lJ,)E J. 1/2 fL~3 @ $48. DO/f,':B. AMOUNT ' 30.00 2.00 10.00 21.0C 14,95 144~OC t20.0(' 72..0'-, '31./0'-0~'::1j .J"::': ,-'c" <,t 1~ . :J~ T..)t.~_1 ~ 1';:. ~-:'5 PAY LAST AMOUNT IN THIS COLUMN BUZZARD'S PlC:'-ilBiNG, HE/\TlNG & MCl INC. ~~ !,"- -)j / Home~wners Policy DECLARATIONS PAGE DELUXE COVERAGE OFFER POLICY NUMBER POLICY PERIOD 12:01 AM. STANDARD TIME: FROM: 3/10/2001 TO: 3/10/2002 COVERAGE IS PROVIDED IN THE SHELBY INSURANCE COMPANY P. O. BOX 43300 BIRMINGHAM AL 35243 HM 000004101 INSURED NAME I ADDRESS DONALD KRAFSIG PAULINE KRAFSIG 1505 HIGH MEADOW LANE MECHANICSBURG PA 17055 AGENCY NAME I ADDRESS V PA1072 1 Phone #: 717-774-7481 NEW CUMBERLAND AGENCY INC 516 BRIDGE STREET, POBOX 310 NEW CUMBERLAND, PA 17070 THE LOCATION OF THE PREMISES COVERED BY POLICY IS: 1505 HIGH MEADOW LANE MECHANICSBURG PA 17055 RATING INFORMATION PRT. CLASS 09 PRIMARY RESIDENCE: Y CONSTRUCTION: MASONRY, BRICK, OR STONE NO. FAMILIES : 1 RATING TERRITORY: 009 CONSTRUCTION YEAR: 1976 SECTION I LOSS DEDUCTIBLE: $ 250 CUVcKAuc AI Itlc A~UVc UC~CK1~cU LUCAI1UN l~ ~KUV1UCU UNLY WtlcKc A L1M11 Ur LIABILITY IS SHOWN OR A PREMIUM IS STATED SECTION I COVERAGE DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE SECTION II COVERAGE PERSONAL LIABILITY MEDICAL PAYMENTS LIMIT OF LIABILITY 986,598 98,660 493,299 197,320 1,000,000 5,000 PREMIUMS 2,781.00 21. 00 SECTION I/SECTION II PREMIUM........................: $ TOTAL ADDITIONAL PREMIUMS/CREDITS LISTED BELOW......: $ TOTAL ANNUAL PREMIUM................................: $ *~OllCY premlum will be billed to Insured /Installment. 2,802.00 350.00- 2,452.00 ENDORSEMENTS HO 00 03 HO 04 96 HO 05 05 HO-291 ILC0002 HO 01 37 HOC0018PA ILA0007 HO 04 16 HO 23 63 DATE 4-91 4-91 10-94 1-81 5-98 12-98 10-98 1-99 4-91 4-93 DESCRIPTION RATING CRITERIA PREMIUMS SPECIAL FORM NO HOME DAY CARE COVERAGE SPECIF. ADD. AMT. INS. COV. A 50 % $ 39.00 PENNSYLVANIA NOTICE AUTOMATIC INFLATION ADJUSTMENT SPECIAL PROVISIONS ADDITIONAL COVERAGES ENDORSEMENT RENEWAL NOTIFICATION AND AUTO TERMINATION CONDITIONS PREMISES ALARM OR FIRE PROTo SYSTEM 20 % $ 556.00- PERSONAL PROPERTY REPLACEMENT COST $ 167.00 MORTGAGEE OR ADDITIONAL NAMED INSURED - (* DENOTES HARRIS SAVINGS BANK ISAOA/ ATIMA PO BOX 1711 HARRISBURG, PA 17105 HO/DP 04 41 INTEREST) HARRIS SAVINGS BANK ISAOA/ ATIMA PO BOX 1711 HARRISBURG, PA 17105 Authori~ed Signature: rUK CLA1M~ CALL 1 000 444 3928 Tun Date: 01/04/2001 HOD0002 (06/98) CIHODE oL,;- LJ I, l_l --~ 0' ,,~ 'iIllIW~; ) eystone Insurance Companies 2040 MARKET STREET . PHILADELPHIA, PA. 19103 MAY 3, 2001 DONALD C KRAFSIG 1505 HIGH MEADOW LANE MECHANICSBURG, PA 17055 Policy Number: Premium: Effective Date: 2420 1275 $404.00 06/12/2001 - 06/12/2002 Your Automobile Insurance Policy with Keystone Insurance Company is coming up for renewal on 06/12/2001. The prices, coverages and limits are shown on the enclosed Extension Certificate. Please take a moment to review the amounts listed and to make sure the coverages and 1 imi ts sui t your needs and des ires. The premi urn shown is an annual premium covering the entire policy year. The billing statement shows the due date and your payment optlons. During the past ten years, we have been able to provide the coverages you desire without the need to increase premiums. We find it necessary now, however, to take a modest percent increase. The increase will vary by the coverage you have selected. Rising medical care costs and auto repair costs continue to push the price we pay for taking care of you and your car even higher. We take the trust you have placed in us to take care of your insurance needs seriously and we will continue to provide quality insurance at an affordable cost. I wanted to write to let you know that even though some of the costs we have paid have gone up over 10%, we've worked hard to keep the increase as small as possible. If you have any questions please contact your Keystone Representat i ve whose name and telephone number appear opposi te your name on the Extension Certificate. Your Keystone Representative would also like to help you with any other insurance needs you may have. We at Keystone Insurance Company thank you for your loyalty and the continued opportunity to serve you. We assure you of our commitment to provide you with top quallty service. Sincerely, ~~y~~ Nicholas J. Eppinger Vice President - Policy Acquisition FK167 (1*95) ********************************************************************** * * * P.S. Your Insurance ID Cards are included on the last page of this packet. * * * ********************************************************************** AAA Mid. Atlantic Insurance Company Keyswne Insurance c.:,::.'-~"'r,? AAA 1-fid-Atlanti.c Insurance Company ofKew Jersey . , ' - ..;., I UlJ'!'.I~"~iil;",_, '., - , 0',','. . (\ In the Court of Common P1eas of Cumber1and County, Pennsy1vania DOMESTIC RELATIONS SECTION P.O. BOX 320, CARLISLE, PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Date: July 19, 2001 Plaintiff Name: Pauline D. Krafsig Defendant Name: Donald C. Krafsig Docket Number: No. 01-3079 Civil Term PACSES Case Number: 030103493 Other State ID Number: Please Note: All correspondence must include the PACSES Case Number Income and E~ense Stat~ment THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this income and expense statement.) INCOME STATEMENT OF PAULINE D. KRAFSIG I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. July 19, 2001 (5lL/L-h1P-'~ ~ 'Pauline D. Krafsig INCOME Employer: Address Type of Work Retired Payroll No. ___ Gross Pay per Pay Period $ Pay Period (wk1y., bi-wk1y., etc.) Itemized Payroll Deductions: Federal Withholding $ Social Security $ Local Wage Tax $ State Income Tax $ Retirement $ Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Other Deductions ( specify) $ $ Net Pay per Pay Period $ Service Type M Form H-008 Worker 10 2120) PLAINTIFF'S J EXHIBIT ;--L- ,,"' _"-,-M ~1illtl;B,(~ o ~ Income and Expense Statement PACSES Case No. 030103493 OTHER (Fill in Appropriate Column) INCOME WEEK MONT}! YEAR Interest Dividends Pension 1,488.06 Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other Other TOTAL TOTAL INCOME 1,488.06 (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home: Mortgage/Rent 700.00 Maintenance Utilities Electric 250.00 Gas Oil 200.00 Telephone 60.00 Page 2 of 6 Form IN-OOB Worker ID 21202 Service Type M ~, -'~ -,-,-,,-,-,,;.,.,~.. ""''1Il~,-..i.--o;-< o o Income and Expense Statement PACSES Case No. 030103493 (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR (continued) Water 50.00 Sewer 25.00 Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income Insurance: Homeowners 60.00 Automobile 45.00 Life Accident Health 20.00 Other Automobile: Payments 500.00 Fuel 150.00 Repairs 25.00 Medical: Doctor 50.00 Dentist 500.00 Orthodontist Page 3 of 6 Form IN-OOB Worker ID 21202 Service Type M i" I " . ~,--~ , '-~~-' o o Income and Expense Statement PACSES Case No. 030103493 (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR (con tinued) Hospital Medicine 20.00 Special needs 25.00 (glasses, braces, orthopedic devices) Education: Private School parochial School College Religious Personal: Clothing 350.00 food 400.00 Barber/Beautician 180.00 Credit Payments: Credit Card Charge Account Memberships Loans: Credit Union Miscellaneous: Household Help Child Care papers/Books/ Magazines Entertainment 100.00 pay TV 35.00 Vacation 250.00 Page 4 of 6 Form IN-OOS Worker 1D 21202 service Type M "' -~ - -~'.... -- ';.1:- c o Income and Expense Statement PACSES Case No. 030103493 (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR (con tinued) Gifts 60.00 Legal Fees Chari table Contributions Other Child Support Alimony Payments Other: TOTAL EXPENSES 4,055.00 PROPERTY OWNED DESCRIPTION VALUE H W J Checking Accounts 3,000 X Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL INSURANCE COMPANY POLICY 41 H W C Hospital Medicare Part A PEBTF Medicare X Blue Cross Supplemental Other Medical Medicare Part B PEBTF Medicare X Blue Shield Supplemental Other H - Husband W - Wife C - Combined J - JOlnt Page 5 of 6 Form IN-OOS Worker 10 21202 service Type M . o Income and Expense Statement INSURANCE COMPANY POLICY # H w C Health/Accident Disabili ty Income Dental Other H - Husband W - Wife ,,- , . ~L -..-!!iitf"i. 0, PACSES Case No. 030103493 C - Combined J - Joint , CI I, WIFE' S DENTAL BILLS Date Check # Amount 4/22/96 5210 $125.00 4/29/96 5213 87.00 10/20/97 5634 140.00 11/20/97 5650 240.00 11/25/97 5654 372.00 1/29/98 5701 23.00 2/22/98 5734 75.00 2/27/98 5736 1,200.00 3/10/98 5750 1,200.00 3/23/98 5761 458.00 8/ 7/98 5905 55.00 8/20/98 5910 53.85 9/23/98 6007 579.50 12/11/98 6056 62.31 6/ 8/98 6201 93.00 10/ 4/00 6609 52.00 TOTAL $4,815.66 ~~ ,-- ,~" ~k.ti.*;l' I. ;;-~-;~' '.',- '.:';' c_" . ~;~Jfi_.jj,:''-'-' ..""'~'" 'tl "ll -l ~ ~ ~ ~ ~ -l ~ "ll OJ -1 S' III 0 iil ::T it - - III '< ...., " iii' !!!. III .. CD " - OJ 0- 3 CD - -- ;;! en ., ~ ~ ~ ~ ~ CD en c.... :3 ~ cO' -l " 0 - CD CD " iil "ll ..Q C/) i} III III or CD :J ~ - - "0 -- h C 3 " C/) "U i ~ CD S" :T " ~ iil - ::l. s:: :J .~ "ll C or III 0 "0 - '" ? CD (i3 c <' c ... "0 - CD "T1 -- OJ 5' !:!: (i3 or 0.. ::T 0 'tl C 0 0- III !!l. - :: ..' CD (f) ~ ~ -l ~ ~ ::T w Qj tl C/) iiI' 0> I: .... ;. !,Q ~ " ~ " CD in' tci. 0 0 0 0 0 n I:: en en N ~ .... 0 ;? N N .... ~ '" Q. ::::- ~ ~ en ~ en ::J' c: .... '" N 0 en CD s: CD '" "0 "ll () "0 ~ C '" '" ., a CD ;:l. ;:l. ~ .. .![ PI 'tl 3 " ::T :? '< 0 ., or I: .:s' 0 c "ll - - 0 _"0 0 x ::T o' -~ 0 Jir 0. () C1l " ~ '" C' () '" 0. ., '" c: ~ '" - " I: .. s: 0 '" C1l - C' 3 .. s: C1l CD C1l ~ - 3 C1l !!!. 3 ::> '" - - " !!!. to C1l ~ '" - 'tl to '" !!!. ;; '" C1l ::! '" C1l - 'tl '" .. "ll ~ N ~ ~ ~ III (Xl 0 0 en ~ - (Xl 0 0 CD en '" iii' 0 ~ ~ en ~ ~ ::> '" '" '" 0 0 0 - 0 0 0 0 0 0 ... '" .. 5' JJ c: .. .. I: " n OJ ~ ::> I~ 0 0 0 0 0 " - 0 0 0 0 0 CD 0 0 0 0 0 ... 'tl .. 1D ~ N ~ ~ (Xl 0 0 en ~ -l (Xl 0 0 CD en '" 0 0 ~ ~ en ~ ~ - '" 0 0 0 0 0 !!!. - 0 0 0 0 0 0 ... PLAINTIFF'S .l! EXHIBIT D :J jj ,,",w,.'" J t., .,,"."J cl.ti'i;t>, CHECKING ACCOUNT TOTALS 1996 $53,133.33 1997 118,937.30 1998 182,739.65 1999 116,200.08 2000 85,326.15 2001 35.119.27 TOTAL $591,455.78 l :1 , pLAINTIFF'S EXHIBIT .., I. . - - .,' "-,.< . ~_1, ~ .' -",",k"c-,,'-;;j;;t.;, ,,: _"'c , ~';li~t~i' , , ~. " HUSBAND'S DISTRIBUTIONS OF MARITAL PROPERTY TO JON DONMOYER Date Check # Amount 12/29/96 5370 $150.00 TOTAL $150.00 Date Check # Amount 7/ 4/97 5557 $1,100.00 8/13/97 5583 100.00 9/ 1/97 5595 200.00 10/ 3/97 5616 200.00 12/24/97 5673 1.000.00 TOTAL $2,600.00 Date Check # Amount 6/ 8/98 5842 $1,000.00 7/ 8/98 5871 2,500.00 7/26/98 5895 600.00 8/ 4/98 5901 600.00 8/ 5/98 5902 600.00 1998 Wire transfer 2,015.00 9/16/98 Wire transfer 1,015.00 10/ 2/98 Wire transfer 515.00 12/ 8/98 Wire transfer 1.235.00 TOTAL $10,080.00 PLAINTI!FF'S EXHIBIT S ~ i .' . .~ -'" , -I'.' I ..;..1 ,.; J , . ,". ~. ",,,' r.- ,<, ;'~ 'C' ,,', !Wi",; . , Date Check # Amount 1/19/99 Wire transfer $1,015.00 2/ 9/99 Wire transfer 515.00 2/16/99 Wire transfer 1,015.00 4/23/99 Wire transfer 215.00 4/30/99 Wire transfer 515.00 5/29/99 6185 500.00 TOTAL $3,775.00 Date Check # Amount 8/29/00 6581 $1,000.00 9/ 7/00 6596 550.00 9/14/00 6601 500.00 9/29/00 Wire transfer 365.00 10/ 5/00 6610 250.00 10/25/00 6635 1,000.00 12/12/00 6672 351.82 12/15/00 6679 500.00 TOTAL $4,516.82 Date Check # Amount 1/21/01 6701 $100.00 3/16/01 6755 200.00 3/26/01 6763 100.00 TOTAL $400.00 -2- 1"-",'. "L.:.1" "_ I ,','" _ ~. ,; o. ,. ,i', '_ , _" ~ u, ,",' . 'k" . , " . . STUDENT LOAN PAYMENTS Date Check # Amount 5/14/99 6100 $133.28 6/ 4/99 6193 66.64 7/ 7/99 6222 66.64 12/31/00 6686 74.07 4/ 8/01 6783 148.18 5/ 4/01 6800 74.04 TOTAL $562.85 RECAPITULATION Year Amount 1996 $150.00 1997 2,600.00 1998 10,080.00 1999 3,775.00 2000 4,516.82 2001 400.00 Student loans 562.85 TOTAL $22,084.67 -3- ~ ''"'f WAYNEF.SHADE Attorney at Law 53 WestPomfret Street Carlisle, Pennsylvania 17013 ~." " --" < .--'~ n_ "..ftRiL ~2fJfJ1 PAULINED. KRAFSIG, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 01-3079 CIVIL TERM DONALD C. KRAFSIG, Defendant 1/ 6/01 2/ 1/01 4/ 3/01 5/ 7/01 5/ 9/01 . 5/15/01 5/21/01 5/24/01 5/29/01 6/ 1/01 6/ 4/01 6/ 4/0 I 6/15/01 : DIVORCE STATEMENT FOR SERVICES 1/6/01 - 9/12/01 Telephone from Attorney Schrack Conference with Ms. Krafsig, Ms. Shettel and Attorney Schrack and letter to Ms. Krafsig Telephone from Attorney Schrack, review file, draft letter to Mr. Krafsig, draft Complaint in Divorce and draft lis pendens Telephone frorn Attorney Schrack, review file, fax letter to Attorney Schrack, cornplete Petition for Special Relief and Complaint in Divorce and letter to Ms. Krafsig Telephone frorn Ms. Krafsig Review letter frorn Attorney Braderman and letters to Attorney Braderman and Ms. Krafsig Review file and draft Petition for Special Relief File and serve divorce process Research Titler case, telephone to Ms. Krafsig and letter to Ms. Krafsig Review Income and Expense Statement and letter to Ms. Krafsig Review letter from Ms. Krafsig and draft letter to Attorney Braderman Telephone to Ms. Krafsig and letter to Attom<~y Bradennan Review letter frorn Attorney Braderman and I :tter to Attorney Braderman PLAINTIFF'S . b EXHIBIT . jj I . J!I ________ l 0.2 2.3 0.8 0.4 0.2 0.3 1.5 0.3 0.7 0.5 0.2 0.6 0.3 c.li ., f' ~ WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 6/25/01 6/28/01 7/18/01 7/19/01 7/23/01 7/25/01 7/25/01 7/26/01 7/26/01 7/27/01 7/30/01 8/16/01 8/21/01 9/ll/0 1 9/12/01 it ;~I. I " ' Telephone from Ms. Shettel Telephone from Ms. Krafsig Review file, preparation for Domestic Relations Office hearing on alimony pendente lite and initial preparation for hearing on special relief Appearance in Domestic Relations Office and conference with Ms. Krafsig and Ms. Shettel in preparation for hearing on special relief Review letter from Attorney Braderman, telephone to Ms. Krafsig and letter to Attorney Braderman and to Ms. Krafsig Return telephone call to Attorney Braderman Telephone from Ms. Krafsig Review Husband's Answer to Petition for Special Relief and final preparation for hearing on special relief Preparation of written discovery and letter to Attorney Braderman Consultations and appearance at hearing on special relief Letter to Judge Hess Review Order of August 13, 2001, and letter to Ms. Krafsig Letter to Attorney Braderman Review their responses to our discovery, Wife's comments to their responses to our discovery, review file and preparation for defense of Husband's appeal of the Recommended Order for alirnony pendente lite Review transcript of testimony on special relief, preparation for defense of Husband's appeal of the Recommended Order for alirnony pendente lite, draft Information Release Authorizations and letters to Attorney Braderman, Dr. Olivetti and Ms. Krafsig TOTAL -2- ';,,-~, ,~,-~ " -,J'WllJrillw::.:_,':- 0.1 0.2 2.5 3.6 1.1 0.1 0.1 1.5 1.9 3.2 0.1 0.2 0.2 3.6 5.2 31.9 .- ..... . WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 " Prosecution of the above-captioned proceedings in accordance with the above itemized Statement for Services Prothonotary, file Complaint in Divorce Prothonotary, file /is pendens Barbara E. Graharn, transcript BALANCE DUE -3- 1-, , " . ( ,-c. 'A";',.,: ~_ ,,_ v $5,582.50 225.50 9.00 99.20 $5,916.20 - L~- ~ . 'kl .". ,~, L ;,,,J '~o>" liU~, ~. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania ))j::/ c2bOI-.g671 elf/It. C:o./City/Dist. of CUMBERLAND l4l(sf S D:3 DI [J ~ 7'"'93 Date of Order/Notice 02/03/03 Tribunal/Case Number (See Addendum for case summary) RE: KRAFSIG, DONALD C. Employee/Obligor's Name (Last, First, MI) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice EmployerlWithholder's Federal EIN Number COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 162-22-7155 Employee/Obligor's Social Security Number 8992100781 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MJ) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amountsJrom the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 800.00 per month in current support $ 0.00 per monih in past.due support Arrears 12 weeks or greater? Oyes @ no $ '0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 800.00 per month to be forwarded to payee below. You, do not have to vary your pay'<:ycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 184.62 per weekly pay period. $ 369.23 peibiweekly pay period (every two weeks). $ 400.00 per semimonthly pay period (twice a month). $ 800.00 per monthly pay period. REMITTANCE INFORMA nON: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate!date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, 'cannotexceed SS% of the efl'iployee's/obligor's aggregate disposable weekly earnings. Forthe purpose of the, Ii mitation on withholdi ng, the followi ng information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to:, P A SCDU Send check to: Pennsylvania SCDU, P,O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MtJST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER to (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH,BY MAIL, Date of ord~t.~ l\ 1.\\\\~ BY THE CO~. KCf/if A, /fL-~ /I. ~ .;{ ,.,. '-"'-"'-'~)---03 , --OMB No.: 097{)..O154 JV;x,E Form EN-028 Worker ID $IATT Service Type M ~n0';-'" r-'- f~-' r-"''''l".m:flMl >',:>~-'" -\ ~tjr;, fi- ~, ,",- ,~~,,' ~~,,~'" ' ~ ,I k H" [, ., ',i. " ,-~-- - --. . ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If checked you are required to provide a (Opy of this form to your employee. If your employee works in a state that is differentTrom the state thatissued this order, a copy must be provided to your employee even ifthe box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agenCY listed below. 3. Combining Payments: You can combine withheld amountsirom more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment Ihat is attributable to each employee/obligor. 4. * RCpOlt;'I.g' 11..6 PAydatelDate of vvhl.l.oldilig. Yot, ;lIu~l,~p()lllne'paydateldatc of vvitl.lioldh;g vvllel. sehdil.g the paylllellt. TI.e p.,dot..Mateof ..ilhholdii.g is tl,e dal<. 01, ..I,id, ."",unt .,;os ..ithl,eld floln tl.e elnpl<>,ee's ..ages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forWard the support payments. 5.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold .Income for Support against this employee/obligor and you are unable to honorall supportOrder/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #1 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/O~L1GOR'S.NAME: EMPLOYEE'S CASEIDENTlFJER: LAST KNOWN HOME ADDRESS: NEW EMPLOYEIl'S NAME/ADDRESS: KRAFSIG, DONALD C. 8992100781 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay, If you have any questions about lump sum payments, contact the person or authority below. 8. liability: If you fail to withhold income as the Order/Notice directs, you are liable forboth the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Penhsylvania State law governs unless the obligor is employed in another State, in which case the law ofthe State in which he or she is employed governs. 9.. Anti-dis<:rimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.' Withholding limits: You may not witlihold more than the lesser of: 1) the amounts allowed by the Federal'Consumer Credii Protection Act (15 U.S.c. s1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal. place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxeSi Social Security taxes; and Medicare taxes. 11. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. SulJmi.tted 8y: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact. WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or . P.o. BOX 320 by FAX at (7171 240-&248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 097Q.(l154 "'~=~ " ~ ~ ,I, ~ I , ' ,~'~,.,'- "' ~" ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KRAFSIG, DONALD C. PACSES Case Number 030103493 Plaintiff Name PAULINE D. KRAFSIG Docket Attachment Amount 01='3i'i79 CIVIL$ 800.00 Child(ren)'s Name(s): DaB ......, '.....' ,.."...........'..., ','.....'..,'...,'......,'.................. ............... .. ..... ......... ............. :'.:".::.:'::,:"::":'...:"":,.:"",,::::,,::,.:':':'.:,:,..::.......,..,.................................'........,'........','......,'....,'..,'.... D If checked, you are required to enroll the child(ren) , identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB .':,.:,..::...".-."."..,.,..,,'.',...',':'.,.',' :,::'::,.:':::::':::"':'::'::::::::::,:.:.:":::,,,:,',.' ,...,.,',...',.,.",'.",.. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M OMB No.: 097Q-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB ........, , ,.............,...., , "... "., .......",. ..., ......... ..... .......... ..'...., '......',....:.'..:.:.::..::..',..::',',:...." ',:,':..:.;.;c.:',"" .., ........ ...... D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker 1D $IATT ,~ '~c. ~. ., - ~ ~'I ,," , '--<d~"!';,'_i ,J . .47JIJ' ~~r3RI0 State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/11/03 Tribunal/Case Number (See Addendum for case summary) !:::A/VI 111 E"cl;:;"~ ORDER/NOTICE TO WITHHOlD INCOME FOR SUPPORT )J/. 02e01-,J()71 {I (!IlL Hl(!$'C~ C:?OltJ3Y93 o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice COMMONWEALTH OF PA C/O STATE EMpLOYEES RET. SYST PO BOX 114.7 HARRISBURG PA 17108-1147 RE. KRAFSIG, DONALD C. Employee/Obligor's Name (Last, First, MI) 162-22-7155 Employee/Obligor's Social Security Number 8992100781 Employeel<?bligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, MI) EmployerlWithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income un.til further notice even if the Order/Notice is not issued by your State. $ 800.00 per month in current support $ 0.. oo'permorn:h in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) . for a total of $ 800 . 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 184.62 per weekly pay period. $ 369;23 per biweekly pay period (every two weeks). $ . '400. oopersef)1imonthlypay peribd (twice a month). $ . 800; ob per monthly pay period. REMITTANcE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, andyourfee, can hot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is ne.eded (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Serviceat'l-877-676-9580 for instructions. Make Remittance Payableto:PA SCDU Send check to: Pennsylvani<lSCPU, P.O. Box 69112, Harrisburg, Pa 17106-9112 INADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DQ No.T SEND. CASH BY MAIL. Date of Order: FESl 2 21103 BY TH,E COU5:-. }(G1/IAI,A.1(6>5. ,p.. 4.. Service Type M ii ~""~ ""r:'l ,,' , ,t_ cIS''', lI;.'1!\,.!\. 1"" " o#e1! ',~ :" ~~,A. ~ !t!i~ta(.)~A.;0970-o154 .7. -//), -tJ.'? . , Jl) 2J{"E Form EN-028 Worker ID $OINC ~ < "' ; 'I ... I I~" ~ . .- t .w"'! ~~ =~. ,~~~, "'''''''''~~'!IiI\';',V<!lfl'''l ~,_, ", ~'c'; ",,,,",,,,,'~~'''' .'" ,",.~ ';'~"--'-- '~"<~ ,,,-,--,",,- N"(fr'k"'~"-="'nrTffirnT:']'_'~-=' }ttt'lii1"!:~ i::-!~ !::T"~ ..(\.(:[!(\;:- ,--" ; 1,-,,_ Of"'TiviY 03 FfE r r.: J~ 'i ...~, of) t ;! ~j. ,J L~ Clift.!':::.:'",,' -,. ", ",-;-. VIY);.-'::! iL_.' , ',-Lj Ij....,:,...!j'1;i\' . ',J .'J\ ,~,,;., I" ~ ~.I"!' '\<'-, '.1 "I' r- /I .. . -" I ,v I _~ II \],/-\ ,1~) ii?'U::,i '.,~ I'~' IIlfl"'I!I'i!~W'I"W"<'I"i~-'''''~,in:oi''':-''':~'ff1I~):'''''dr,)!"-'':'\'m'''-'}'e'-.1<'tOj,,;~","j,~,~,,~wt;;""'r'l;~-<'4!\';i"i"~i!""""~;"i"'1""'1'''''''''''~~Ii1:f-1f~f!>!I!@!~~~ ,,-^- """" ~, ~H-h........J~. "'--. .~ ,- = ~ .~ ,;..J " ~tIT " -j;X' ,J .... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If.~~ecked you are required. to provi(le a Copy 01 this lorm to your employee. II your employee works in a state that is , different lrom tbe s,tate that ISsued thiS order, a copy must be provided to your employee even ilthe box is not checked, 1, We appreciate ,the voluntary compliance 01 Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income, Federal tax levies, in effect belore receipt 01 this order have priority. II there are Federal tax levies in effect please contact the requesting agency listed below, 3. CombinihgPayrnents: You can combine withheld amounts Irom more than one employee/obligor's income in a single payment to each agency reqUesting withholding, You must, however, separately identify the portion o!the single payment that is attributable to each employee/obligor. 4. * Rep'olt;;lg -llle'F'a'ydatelDate -of 'N;lI-,l;olding.- ~/ou (IIUS! IGpoll,ll,e pay date/date of vvitl,l,oldil,g vvllell selld;llg L1le pdYlllellt. The pAy<'fmefdate,of vvitl,l,old;,,~g ;3 U'-e_date Oil VVllidl altIOtllIt vvAS vvitl,l,eld fIOI,' II Ie elllployee's vvAges. You must comply with the law of the state 01 the employee's/obligor's principal place 01 employment with respect to the time periods within which you must implement the withholding order.and.lorWard the support payments. 5, * Employee/Obligor with Multiple Support Holdings: II there is more than one Order/Notice to Withhold Jncome lor Support against this empioyee/obligor and you are unableto honor all support Order/Notices due to Federal or State withholding limits, you must lollow the law 01 the state 01 employee's/obiigor's prinCipal place 01 employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working lor you. Please provide the inlon1)ati(ln requested,and return a copy 01 this Order/Notice to the Agency identilied below. WJTHHOlDER'HD: 7676100114 EMP~OYErS/OBLlGOR'S.NAME: EMPLOYEFSCASE IDENTIFIER: LAST.KNOWN,H9MEADDR~SS: NEW EMPLOYER'S NAME/ADDRESS: KRAFSIG, DONALDC. 8992100781 DATE OF SEPARATION: 7. lUITlP Sum Payments: You may be required to report andwithhold from lumpsum payments such as bonuses, commissions, or severance pay. II you have any questions about lump sum payments, contact the person or authority below. 8. Liability: II youlail to withhold income as the Order/Notice directs, you are liable lor both the accumulated amount you should have withheld lrom the'employee/obligor's Income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is ernployed in another State, in which case the law o!the State in which he or she is employed govems. , , 9. Anti-discrimination: You aresubject to a line determined under State law lor discharging an employee/obligorfromemployment, relusingto employ, or taking disciplinary action against any employee/obligor because 01 a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law 01 the State in which he or she is employed governs. 10. * WithholdihgLimits: You maynol'withhold more than the lesser 01: 1) the amounls allowed by the Federal Consumer Credit Protection Act (15 1I.S.c. ~1673 (b)1; or 2) the amounts al,lowed by the State o!the employee's/obligor's principal place 01 emploYment. The Fe<;leral limit applieSto the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If youoryour ag~nt arl!served With a copy of this or<;ler inthestaie that issued the order, you are to follow the law 01 the state that issued this order with respect to these items. . Submitted8y: '. , . , II you or your employee/obligor have any qu~stions, DOMESTIC RELATIONS SECTION contact WAGE ATIACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX.320 by FAX at (717) 240-6248 or. CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $OINC Service Type M OMB No.: 0970-0154 ~~ ~~_. ....... '. J.IJ '. . .,' ,",,' >h.,...,!. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KRAFSIG, DONALD C. PACSES Case Number 030103493 Plaintiff Name PAULINE D. KRAFSIG Docket Attachment Amount ' 01-3079 CIVIL$ 800.00 Child(ren)'s Name(s): DOB . .' " ' , , dli~h~~~~~;;~~;;;;;~:i;~~;::~;~II;~:~~;I~;:~~;'. ',.i,.' identified above in any health insurance coverage available through. the employee'slobligor's employment. PACSESCase Number Plaintiff Name Docket Attachment Amount $0.00 Child(ren)'s Name(s): DOB ," "" '" '.................... ........,.... ......... ::'~":~':":~'~"'/":::? :~,}?::~,:~ ~(}\{,::',:,: :::':,,:, ."",,{: ':::' "":": ,: ':',: ,,',: ::-:::.::~::(\)?',: ,,'::',' .,." o If checked, you are required to enroll the child(ren) identified above in any heal.th insurance coverage available through the employee'S1obligor's employment. ' PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M OMS No.: 097().()154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB .' dli~~~~~~,. ;~~~;:r:~~i;~:~:~;~ilt~:'~~ild;;:~;<i '.,.." identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB :"'.:,::::,:,;:,:,:,;",,:',,:",,:',,""',"'..,,""::"":.'",,,':.','::','::','::".:,.::'.::'-::-:.:::.....:.':::":::'::"::',::",::,,::,:""';":"""",., """",',:,':";-" "'Dlf~~~~~,;d:;~u"~;~;:~~i;;,d";;:~;;II";~:~~i Id;;:~;' "'," identified abovejn any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $OINC -'>~Ii!lR<'''~" WAYNEF. SHADE Attorney at Ulw 53 West Pomfret Street Carlisle, Pennsylvania 17013 PAULINE D. KRAFSIG, Plaintiff v. DONALD C. KRAFSIG, Defendant '-" , ~ I :'.~' , ,;,-IJ . . ~. -- ..~ , ~-~,"~-- .1.>.,7' ' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 01-3079 CIVIL TERM : DIVORCE PRAECIPE FOR DISCONTINUANCE TO: Curtis R. Long, Prothonotary Please discontinue the above-captioned action. Date: May 21,2003 tl:/~r~ Wayn . Shade, EsqUire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff .,ioi:!:dli~,!tiI~iilI>'k~~J'U ';(hI""" ',~-),K",'illl-,-1~""?";~Q"'fHv;',,~~,'"','~~ ".1,,:d."'"~'t: :.,,,,,,~~I-,< X,;a\'.l!,jj'I>i,*,~~ .t~1:"'~"L-",_" r,".''''"''''',,~,,,"'l9''',..'.c ..1,.", "~' ". ,-~ , """-< ,'~ ," ., " ""~''''''''M_~~lII;liI!iIII ~iM:;" (') 0 (') f;~ (~) "11 V l -,<,", "" ,:"" ~ -- ,~ , " i\-..) "~,-I (I) 0 ~ f-=:' I' (,':) .o'" ::6'; " '-,"! ,L,_. ; M , - - -:::::} -,' .. iii , a. _ _, ,,,,," ,'I I' ,I "'I <.,'" <.< ~'"'~.Il!''': 'J -. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 06/02/03 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice EmployerMlithholder's Federal EiN Number RE: KRAFSIG, DONALD C. Employee/Obligor's Name (Last, First, Mil COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACJlIIlENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 M ,)bN~~()71 {!rFt(. jJYI~?$ tJ.3o IOjJ/7'3 162-22-7155 Employee/Obligor's Social Security Number 8992100781 Employee/Obligor's Case Identifier (See Addendum for plaintiH names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on aUachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes 0 no $ 0.00 per month in medical support $ 0 . Q 0 per month for genetic test costs $ per month in other (specify) for a total of $ 0 .00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0 . 00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ o. QO per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REM/TTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed S5% of the employee's! obligor's aggregate dispOSable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions, Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. lr~~D.1I W!JIfl!'l!o. ~THECOURT: t -,3-03 Date of Order: )UN 0 3 2~ Kt;-I//,u I{ 1-fe55 UVl)&E Form EN-028 Worker 10 $IATT Service Type M OMB No.: 0970-0154 "-~'-"".'- ~.""'~ . - ... . J , I ~ ' , '--~' , '''-'''''''''"""",.1,.,,/';;>>' " ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If.~hecked you are required. to provi(le a copy of this form to your, employee, If your employee works in a state that is d'l!erent from the state that ISsued thiS order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income, Federal tax levi,es in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributabie to each employee/obligor. 4. * RepoJtillg tile Payaate/Dale of Witl.Loldihg. You 11Iu.3llepOlt tile paydatefdate of vvitlllloldillg vvlleh selldihg tile payllleht. Tl,c pClydate/datL v( nitl'Iholdillg is tile date 0" nll;dl ClJ(10Ullt nas nitlllleld hOIl! tlIC elllploycc'.3 ndgU,. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 5.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/<lbligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits. you must foliow the law of the state ofemployee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #1 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you, Please provide the inf\lrmation requested and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEWEMPL0YER'S NAME/ADDRESS: KRAFSIG, DONALD C. 8992100781 DATE OF SEPARATION: I 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below, 8, Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income:and other penalties set by Pennsylvania State law, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs, 9, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s,c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11, Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker 10 $IATT Service Type M OMBNo,;0970-0154 ~ ,~~ ~~ . L I .1. I J ~, -' -"',",,,,,<< , ~ "'I-14iJ~~,.' .-' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT " State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/02/03 Tribunal/Case Number (See Addendum for case summary) RE. KRAFSIG, DONALD C. Employee/Obligor's Name (Last, First, MI) o Original Order/Notice o Amended Order/Notice (8) Terminate Order/Notice EmployerlWithholder's Federal EIN Number COMMONWEALTH OF PA C/O STATE EMPLOYEES RET. PO BOX 1147 HARRISBURG PA 17108-1147 ))l r:2KJ1-3t!71 {'/V/G SYST A1eStS 030/03V93 162-22-7155 Employee/Obligor's Social Security Number 8992100781 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Ml) See Addendum for dependent names and birth dates associated with cases on aUachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from 'the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0 . 00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (X) no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0 . 00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: P A SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. .. B 'I'I_.n 2003 ~THEC~~. Date of Order: JUN 0 3 L K!'3# I t/ /J. f/8S s. ,;. 4.. :::?V /) be Form E N-028 Worker ID $OINC Service Type M OMB No.: 0970-0154 , ~~ . -.....,,"""".' IlilIIilI ".;,.,.~,._, '&1. ',I, ,.'- ~ ,~" ',,-,."~' ,,- '~;,,;;.,.*, - ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If.~hecked you are required to provide a copy of this form to your employee. If yo~r employee works in a state that is ditterent from the state that issued this order. a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. , 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income, Federal tax levies in.effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4. * Rer>oltihg tile P'aydAte}Oate of'NitLLoldil,g. '/0..:1 'lIl:lst lepolt tI,e pa.ydatefdate of vvitllllOldillg nl,e" 5elldil,g tI,e: payinG! It. TI,( pa,datcfdAI' of ..ith;,oldihgi, tl,e dale "n ..1,;<1. a"'<lunt ..a' ..itl.I.eld fw,.. tl,e "..1'1",..', ..ago,. You must comply with the law of the state of the employ~e's1obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 5. * Employee/Oblig!lr with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's1obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possibie, (See #1 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S ID: 7676100114 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE ,IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: KRAFSIG. DONALD C. 8992100781 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below, 8. Liability: If you fall to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor/rom employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs, 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 5 U.s.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes, 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N, HANOVER sT by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $OINC Service Type M OMB No.: 0970-0154 ,",' U-' -o'ii'I~;i"iet,:fu,,"';l:.""'l".k"i:,,',/_o'" "."g)O",.",", ;_"--,,,.',J",~ii,,_;'<;dC",''''''_''''Wl~.--3!!li1ili-ltl!!iiiBlilIti1\!l~>>~Illii."lMiJt-lMiHllliliMl.~;o~_'Ilf!~ ,"'-. "=llifl: ~~ .fIB; , 0 0 0 c: w .. '" '- ::,;:! "1JD~ {= C!)f.!. Z , - -ri L_..L,' 11= 2"f~- , -,'lfT1 05 )- G} "~jO -<:..,:, ,) :':J !;:\.:::: ""r( , ~-, -u "'!'~ -'"rj :l!: r~:O ~~i~j ';J-C) >'C ~ arn :z --{ r:- :r> =< '0 :0 -< .'-',' :''".'' ",-r8 c::f ,\",",(.;,---~ ,",\ -'~""'''''_7'',f",';r"_,.~L~__",, .."y+J"_,,-,,,,,c;,,!-,,, 'Y"'",,,"c,_',<:''''17','_' '5>',~. 4,~X ,_, ",_,_, < ,,'~." " K<j;, '"" A. "",-",., . ri"~~~~ . 'I I I...~ . , , , l-c--,. "^ ,~-. ""'i In the Court of Common Pleas of CUMlJERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PAULINE D. KRAFSIG ) Docket Number 01-3079 CIVIL Plaintiff ) YS. ) PACSES Case Number 030103493 DONALD C. KRAFSIG ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 4TH DAY OF JUNE, 2003 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or G9Suspended or o Terminated without prejudice or 0 Terminated and Vacated, effective JUNE 2, 2003 , due to: THE PARTIES RECONCILING. THERE IS NO BALANCE DUE. DRO: xc: RJ Shadday plaintiff defendant Wayne Shade, Esquire Jay Brade:rman, Esquire BY THE COURT: 7' JI9. ~ Kevin A. Hess JUDGE \,'''"'''....(lfl ,n.... 'l!'n ~ lo.5-fA Service Type M Form OE-504 Worker ID 21005 . -; 8J_!~!!'ilmCL-;kjo~d;~E_~""'-"" ct ..~J",. )TI.,JRIIJIlIIIn fi ii'-M'i",---:'H.e, ;"':-:-}:_H"o:k~~>;~~fu,,,;UW''iI\!h''''V~,,;''-_,--''i!" ,,: "___',,,,_,"w,'.,,__<,h)'L~"_'0'ki~,\;;,.'~ii&!lWlilllliill 'nlJ:~ _. . -,-, -~-"" ~~ - ~ ''- - '1Ii^"-~>>!I;M,,_~~~ Aiil- :LlIl ;> C '::~, n r"f8'cJ "~W~~ o c <'~ ""Dr? (11 J', Z:::;- Z" O'~. -f"',: r:L ~'-.' >'... z,... )>:~-:: :~ ::2_ LMlml'! o ( '. u ,. ~~ , ~- r::: ;j' :~!~, ...:... , 0> --",-' " .._.,(~-' )(~ ;--:;m .~ );! ::0 -< '2 (.J1 0"> m d < _; ,I~ " "~' , " - _,_. n_, ,-,""";-",.,,.,";<',M", - -' "-'k '-~"!.o 0; o PAULINE D. KRAFSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DONALD C. KRAFSIG, Defendant NO. 01-3079 CIVIL TERM IN DIVORCE IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, July 27, 2001, in Courtroom Number 4. APPEARANCES: WAYNE F. SHADE, Esquire For the Plaintiff JAY R. BRADERMAN, Esquire For the Defendant .'~ -_ ~ . ,-,' I , eo -"',- ,~, .- - "-', ''"'" c o INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Donald C. Krafsig (as on cross) 6 40 30 41 Pauline D. Krafsig 43 51 INDEX TO EXHIBITS FOR THE PLAINTIFF ADMITTED Ex. No. 1 - deed 42 Ex. No. 2 - deed 42 Ex. No. 3 - letter dated May 8, 2001 42 Ex. No. 4 - letter dated May 14, 2001 42 , , ~,'~ . ~- 'I '~" ~" ", .~' , -' -->, --''' c o 1 2 3 4 THE COURT: Good afternoon. MR. SHADE: Good afternoon, Your Honor. MR. BRADERMAN: Good afternoon, Your Honor. THE COURT: You are seeking an order 5 directing that the property be re-deeded in the name of the 6 parties, is that where we are at? 7 MR. SHADE: As tenants by the entirety, as S it was before it was somehow otherwise deeded, Your Honor. 9 THE COURT: Okay. I am going to suggest to 10 counsel that that is a very narrow issue, and I know there 11 is a lot of factual disagreement about a whole lot of 12 things that frankly I think are a bit collateral. The 13 issue today is that apparently somehow, and I need to know 14 how, the property went into his name alone. 15 MR. BRADERMAN: That's correct, Your Honor. 16 THE COURT: And remains in his name alone. 17 MR. BRADERMAN: Correct, Your Honor. IS THE COURT: And provided that's all agreed 19 to, I think I probably understand your arguments with 20 regard to your feeling that it doesn't put her at a 21 disadvantage in this litigation, her contention that it 22 very much does in the event something were to happen to 23 him. Then I need to know where I can go legally. That's 24 also going to be a consideration, whether I have the power 25 to grant the relief requested. I know we have broad 3 c ~ 1 equitable powers in the context of divorce cases. So I 2 don't know whether you intend to call her or whether you 3 intend to proceed with him on cross as to how this property 4 got deeded to him. 5 MR. SHADE: My intention was to call him as 6 on cross, Your Honor. And permit me to say briefly in 7 response to your suggestion, that many of our allegations 8 are collateral here. I would -- 9 THE COURT: Only to this issue. I didn't 10 suggest that they were irrelevant or whatever 11 MR. SHADE: I understand that, yes, Your 12 Honor. And I agree that they are collateral, but it is our 13 position that they -- to the extent that Your Honor is 14 interested to know it, it illustrates two things. How 15 incredibly naive this wife is in this case to have this 16 happen, and how this happened in 1977. It is relevant to 17 that we would suggest. And it is also relevant to general 18 issues of credibility, where certain fundamental serious 19 allegations are denied in the answer. And we have 20 documentary evidence to show that those denials are false. 21 THE COURT: But let's cross those bridges 22 when we come to them. In the meantime we want to find out 23 how, as I say, how it was the house got transferred. 24 25 MR. SHADE: Yes, sir. THE COURT: What he claims she knows and 4 " , ", ''-'' ,-~" ,-~. -' ,",', >~, ;.;,.t!i"fu~ ' o o 1 what she tells me she didn't know. 2 MR. SHADE: Right. 3 MR. BRADERMAN: Your Honor, if I may 4 respond. 5 THE COURT: Certainly. 6 MR. BRADERMAN: First of all, if there are 7 any witnesses, I would request that they be sequestered. 8 THE COURT: I doubt we have any witnesses in 9 the courtroom or witnesses to the same events, do we? 10 MR. SHADE: The only witnesses I intend to 11 call are the husband as on cross-examination and the wife, 12 Your Honor. 13 THE COURT: Well, we certainly won't 14 sequester one from the other. 15 MR. BRADERMAN: I meant other than the 16 parties, Your Honor. I see a lady sitting in the back of 17 the courtroom, that's why I requested it. 18 Secondly, Your Honor, earlier in the week I 19 advised Mr. Shade that I was prepared to give him a deed or 20 record a deed from Mr. Krafsig to Mr. and Mrs. Krafsig as 21 tenants in common. Because of the estrangement, I think it 22 would be inappropriate for one to inherit from the other. 23 We all recognize that this piece of real estate is the 24 primary marital asset. 25 I understand Mr. Shade's argument. And Mr. 5 '~ ,,,,.. ~, I - "'- '. ".,~--.',. ~---," ,- l""]f; c o 1 Krafsig's reluctance to transfer the deed upon Mr. Shade's 2 say-so was because of the manner of the demand, saying he 3 was going to spread this information over the public record 4 unless he transferred the deed immediately. But I do have 5 a deed with me, Your Honor, a check to record it. And I 6 think that would satisfy the Court and satisfy Mr. Shade. 7 I don't think it should be transferred 8 THE COURT: Well, if it does satisfy Mr. 9 Shade, then we can be done with this. 10 11 MR. SHADE: Not at all, Your Honor. THE COURT: I am sure it wouldn't, and I 12 understand why. 13 14 MR. SHADE: Thank you. THE COURT: Okay. Very well. Go ahead. 15 MR. SHADE: Thank you, Your Honor. We would 16 call Mr. Krafsig as on cross-examination. 17 18 Whereupon, DONALD C. KRAFSIG, having been duly sworn, testified as follows: 19 (AS ON CROSS-EXAMINATION) 20 BY MR. SHADE, 21 Q State your name, sir? 22 A My name is Donald C. Krafsig, K-r-a-f-s-i-g. 23 Q Where do you live? 24 A 1505 High Meadow Lane, Mechanicsburg, 25 Pennsylvania. 6 1 2 3 4 " .. ,- ,~ ". ,- ~.'~' I _i",.--'c ,,--k "$',i o o Q A Q A That's in Cumberland County? Yes, sir. 17055. Is that the marital residence? Yes, it is. 5 Q Do you agree that your wife, the plaintiff, 6 in this case, was born on September 30, 1934, and is 7 sixty-six years of age? 8 A That's my understanding. 9 Q Is it true that you were born on May 6, 10 1930, and are seventy-one years of age? 11 12 A Q That's correct. And isn't it also true that you and your 13 wife were married on June 8, 1957? 14 15 16 you? 17 A Q That's correct. Has this been the only marriage for both of A As far as I know. 18 Q And have you been married continuously from 19 June 8, 1957, to the present time? 20 21 A Q Yes, sir. Isn't it true that the marital dwelling is 22 currently listed for sale with a real estate agency? 23 24 25 $1,895,000.00? A Q That's correct. Isn't it also true that the listing price is 7 . ....1 ,'''~ ..--i" ;"" ."'1<'~'~" ,>-, "'L;;oa,,,.: ! o o 1 A That's correct. 2 Q Is it also your position that there are no 3 significant other marital assets besides the marital 4 dwelling, your pension and your wife's pension? 5 A My automobile. 6 Q And your automobile is a 1985 Buick? 7 A 1985 Buick Regal. I have no other assets. 8 Q You have in front of you a document marked 9 for identification as Plaintiff's Exhibit 1. And I would 10 ask you to look at that, sir, and please tell us if you can 11 agree that that is an accurate copy of a deed transferring 12 the land upon which your house is constructed to you and 13 your wife as tenants by the entirety dated september 16, 14 1975? 18 A As far as I know, sir. Q And isn't it true that the real estate described in Plaintiff's Exhibit 1 is the land upon which the marital dwelling is constructed? A That's correct. Q Isn't it true that when the deed, 15 16 17 19 20 21 Plaintiff's Exhibit 1, was executed that you understood 22 that this property was owned jointly by you and your wife? 23 A Yes, I do. 24 Q And isn't it also true that you understood 25 that in the event of your death that your wife would own 8 ~ " <~- ~JL_ _ -'I " .~ c o 1 the property that's described in Plaintiff's Exhibit I? 2 A I wouldn't say that I, you know, actually 3 knew that. I am intelligent enough to realize that. 4 Q I would ask you to look at the document 5 marked for identification as Plaintiff's Exhibit 2. And 6 ask you if you can agree that that is a copy of a deed 7 dated September 24, 1977, which transfers the same property 8 that's described in Plaintiff's Exhibit 1 into your name 9 alone? 10 11 A Q Yes, sir. Is it true that that deed was prepared, 12 Plaintiff's Exhibit 2, was prepared by John J. Krafsig, 13 Jr. ? 14 15 16 17 18 19 20 21 22 23 A Q A Q Yes, sir. And he is your brother, isn't he? That's correct. And at the time that this deed had been prepared in 1977 he was an attorney at law licensed to practice in the Commonwealth of Pennsylvania, wasn't he? A Yes, sir. Q And he still is to this day, isn't that true? A I am not sure of that, sir. I haven't seen 24 my brother for ten years. 25 Q What was your purpose in seeing to the 9 ,<,-, ,~ , -,~, " --""'1 . "'C',','",'.',c^" ~"'=. "'" """--'v,t, e o 1 preparation, execution, acknowledgment and recording of 2 Plaintiff's Exhibit 2? 3 4 5 6 7 8 A Q That wasn't my purpose at all. I am asking you what your purpose was, sir? A What had happened here is that I had worked with a lady by the name of Gertrude Herr at the Liquor Control Board for many years. And we became friends, and, Your Honor, I have to refer to some of this stuff so you 9 know where I am coming from. But I am a very handy person. 10 And I did a lot of things at her home for her and things 11 like that. And our friendship grew from this. 12 And she developed cataracts in both her 13 eyes. And she was seventy-five years old. And she didn't 14 have anyone. So when I took her to the doctor's and they 15 said that she would have to be with somebody, she asked me 16 if she could stay with us. And, you know, I talked to 17 Polly about it. And we decided we would take her in. 18 So in those days when you had these 19 operations you had to go in the hospital for at least two 20 days. And, of course, you couldn't bend, and you had to 21 bathe the eyes three times a day. So, anyhow, we brought 22 her to the house, and I took care of her. 23 In the morning I would get up, Mrs. Krafsig 24 wasn't one who liked to get up early, and so I got up 25 early, and I would bathe her eyes before I went to work. I 10 .. .~ ~.-, ,~ ' ~~ I' ~'~'"\~ "'L "-,, ~ ,~- ,j.. 01 o 1 came home at lunchtime to bathe it, and when I come home 2 from work at night. Now, she had one operation in 3 November, and the following in March, so that, you know, 4 until she was really on her feet was long about the end of 5 April, early May. And she asked my wife and I if she could 6 stay with us permanently. And, you know, what were you 7 going to say, but, you know, certainly, we kept her. 8 As it turned out, I kept her for almost 9 eighteen years until she died. And when I decided to build 10 this new house, now she was with us at our previous home. 11 And inflation and everything was occurring. And I had 12 these plans that I had drew to build this home. And I 13 figured that, you know, if I didn't start it then with the 14 interest rate going up I wouldn't be able to do it. So I 15 ventured into this. 16 And what I did I had four homes before this. 17 And with the money that I got from those homes, I 18 accumulated about $40,000.00. I got a construction 19 mortgage for $114,000.00 for this present home. And when I 20 started to build it, everything went wrong. I had only 21 allotted $3,500.00 for my well. My well cost me $7,000.00. 22 I didn't have the money. It was like 35,000 for me. And I 23 had nowhere to go. So I asked my mother if she would help 24 me if she could. She borrowed the money. And she gave it 25 to me. And I paid her back, like $135.00 a month, until I 11 , I , , "< ,,~ ' :0 ' "j'I~;: e o 1 paid back that $3,500.00. 2 When I got into building the place and 3 things were costly like that, I got in a little deeper than 4 I should have. And so I asked her if there is anyway if 5 she could help me, and she said that she would. And that 6 she had a home up on Boas Street. And we kept the home, 7 because I wanted to be sure if she lived with us that she 8 would be happy, that at least she would have a place to go 9 back to. And so we held onto the home. It was good we 10 did, because I sold our former home. And we had to go into 11 her home and live until our house was close to completion, 12 but it was far from that. And it still is I might add. 13 But we -- I mean, things were rough. 14 My heating system wasn't hooked up 15 completely. And I had to use my fireplaces. We didn't 16 even have a kitchen sink. We washed dishes back in the 17 bathroom. And it was very rough for me through that whole 18 situation. So anyhow, Gertrude decided to sell her home. 19 And she got between six to 8,000. I can't tell you exactly 20 how much it was. And she had about $10,000.00 in savings 21 bonds, which she cashed in, and she gave me this -- she 22 wanted to give the money to me, and I wouldn't do that. I 23 told her the only way I would accept it if I could pay her 24 back. It took me six years to pay her back. She lived at 25 my home. I never charged her any board or anything. 12 ,-, '-J-, .'~ L~ "',,,;;.- "_ 0 ,,~: l , , ~'o,. o o 1 And I want to add, if I may, that I also 2 took care of Polly's mother for nine years and paid off her 3 debts. I took care of her sister. When her sister left 4 home, I took care of her and never charged her a cent. I 5 am presently taking care of my ninety-two year old mother, 6 who will be ninety-two in November. And I have never 7 charged her rent. 8 Now, when Gertrude offered this money to us, 9 I talked with Polly, and we had decided that the rightful 10 thing to do would be to put her on the deed. Maybe she 11 forgets all of this. And we elected to do that, but 12 Gertrude didn't want that to happen, because she said that 13 whatever she had she was going to leave to us anyhow. So 14 at that time, and it so happened that Gertrude's attorney 15 was John Krafsig, Jr. And so the deed was prepared, Polly 16 knew about it. She signed it. And that's how it 17 transpired. 18 Now, that didn't affect me at all. And it 19 certainly didn't affect Mrs. Krafsig at the time, because 20 we had four prior homes. Like I said, the first home, you 21 know, was in my name. And I never done her out. And I 22 don't intend to do her out even today. And I -- I 23 couldn't -- I am sorry, I lost my train of thought. When I 24 said about Gertrude with the home, so anyhow, when the deed 25 was, you know, like I said, when that was changed -- oh, I 13 __.c. ,,''-,'',' -'j, .~." ~ ''''" c_', I "',(" o . 1 really didn't even remember that the deed was changed until 2 we got your letter. And my attorney, Mr. Braderman, said 3 to me, you know, about this. And, of course, then we got 4 the deed to see what it was. I mean, you know, it really 5 didn't even matter. And, you know, we talked about what 6 you had asked about putting her name on. 7 And I would have really had no objections to 8 that if you hadn't threatened me like you did. And I take 9 that very seriously what you did. And hopefully I am going 10 to pursue that through -- for disbarment. Because, you 11 know, not only did you threaten me, but that was a form of 12 extortion. And, otherwise, we did, we discussed this and 13 elected to put her name on at this point. And now you are 14 fighting this. But that's how it came about. 15 Q Well, now, you have just explained how it 16 came about, Mr. Krafsig, but you haven't answered my 17 question. My question is what was your purpose in having 18 the property transferred into your name alone? 19 A There was no purpose. That was done 20 mutually by Polly and Gertrude. And, you know, I was an 21 innocent party if you want to know the truth. I had no 22 reason. I never denied her anything or never gave her her 23 share. I mean, after four homes, you know, sir, I resent 24 you even saying something like that to me. 25 Q How do you spell Gertrude's last name? 14 ~ - '~. " "i','-' c', ,-k_ ,-, __,c ~ '>-'-h., ;i,>,_'-,~-" it,,'" c 0.'. , 1 A It was H-e-r-r. 2 Q And what year was it that she first came to 3 live with you? 4 A Oh, it had to be over twenty-five years ago, 5 because it was in our former home. I don't like you, you 6 know, trying to accuse me of something that I am perfectly 7 innocent about. And we have made every effort to satisfy 8 your situation, and you are not cooperating. 9 Q Well, what did you say to your wife when you 10 asked her to sign this document, Plaintiff's Exhibit 2? 11 A She just signed it. I didn't say anything 12 to her. She knew what it was about. We had discussed it, 13 you know, the three of us, and that was it. 14 Q So there was no conversation about it at 15 all ? 16 A Not that I am aware of. To the actual 17 signing of it. She signed it. It was a document that, you 18 know, that she signed. I don't even recall seeing that 19 document, you know. 20 Q Isn't it true that we have asked you in 21 writing to re-transfer the marital dwelling into the joint 22 names of yourself and your wife? 23 A Yes. We received a letter. 24 Q Isn't it also true that your wife left the 25 marital dwelling on May 7, 2001? 15 ,"_"". "l: '_"'C,", I "",,.i.. "'>', .~ CD o 1 2 3 4 5 6 7 A She abandoned me. She left no notice, no nothing. She just abandoned me. Q Isn't it true that your wife left the marital dwelling on May 7, 2001? A Yeah. She left on the 7th. Q Isn't it true that we said in our letter to you that if you were unwilling to transfer the marital 8 dwelling into joint names, that we had some information 9 involving serious marital misconduct on your part, which we 10 would need to include in our complaint in divorce? Isn't 11 that what we said? 12 MR. BRADERMAN: The letter speaks for 13 itself. Maybe you want to show him the language. 14 BY MR. SHADE: 15 16 17 18 Q You have in front of you a document marked for identification as Plaintiff's Exhibit 3. Do you see that, sir? A Yeah. 19 Q I would ask you to read the third paragraph 20 of that letter, please? 21 A We would hope to be able to resolve all of 22 the issues quietly and amicably within the context of a 23 mutual consent no-fault divorce. However, it appears that 24 you took steps in 1977 to have the deed to the marital 25 residence transferred into your name alone. 16 ~ '~".""~-' ,} ; "d"~' :Ii 1, '1' " ,,-, o o 1 2 3 4 Q I didn't do that, sir Excuse me, that's not MR. BRADERMAN: THE WITNESS: Keep on reading. Pauline has no recollection of 5 this transaction, and we must insist that the deed to the 6 marital dwelling be transferred into the joint names of 7 yourself and your wife as tenants by the entirety and 8 recorded within ten days of date of this letter. 9 If we have not received written confirmation 10 that that has been achieved within that time frame, we will 11 have no reasonable alternative but to spread the details of 12 your marital misconduct upon the public record through the 13 medium of our complaint in divorce. If you are unwilling 14 to transfer the marital dwelling into joint names, your 15 wife indicates that she has some information that she can 16 convey to us involving serious marital misconduct which 17 will be made a matter of public record by being involved in 18 our complaint in divorce. If you transfer the marital 19 estate in joint names with your wife within the next ten 20 days, it will not be necessary for us to allege the 21 specific marital misconduct. 22 BY MR. SHADE: 23 Q And can you tell us if Plaintiff's Exhibit 3 24 is otherwise an accurate copy of our letter of May 8, 2001, 25 addressed to you, sir? 17 '-'--'--;;""; , ;';'5',-,: ,_ ~ ~L_';t-,:.~ 1 2 that paragraph. 3 H- '. ""k ,_ I, I ~-- ''''.,.~-- ,'.--, .'" ,-_i':";,:~':"-"~;, --- :0" "~'-:C'y-~; c"., - o A Yes, it is. But I would like to respond to Q You will have that opportunity at the 4 appropriate time, sir. Isn't it also true that you 5 received our letter of May 8, 2001, within a day or two 6 after May 8, 2001? 7 A Well, I don't have the envelope here to, you 8 know, to see that, but I can assume that it did. 9 Q And isn't it true that you filed a written 10 answer to our petition for special relief? 11 12 A I am sure my attorney did that. Q Do you see that document there with a blue 13 strip across the top, sir? 14 15 A Yes. Q I would ask you to take a look at that, on 16 the next to the last page is that your signature? 17 18 19 20 21 signed it, sir? 22 23 A That's correct. Q Yes? A Yes. Q And did you read this document before you A Yes, I did. Q Isn't it true that you say in numbered 24 paragraph thirty of your answer to our petition that we 25 filed our petition prior to giving you an opportunity to 18 I .. .:~ -A'_ ,_",,0',' ""'~ "~~'\i,:it:it3:';~> co o 1 respond to my letter of May 8, 2001? 2 MR. BRADERMAN: It speaks for itself. 3 THE WITNESS: It speaks for itself. 4 BY MR. SHADE: 5 6 7 Q A Q Well, do you agree that's what it says, sir? That's what it says, yes, sir. And isn't it true that we received a letter 8 from your attorney, in which you stated that you would not 9 transfer the marital dwelling into joint names with your 10 11 wife? MR. BRADERMAN: Objection. That is not what 12 the letter says. 13 BY MR. SHADE: 14 Q Do you have in front of you a document 15 marked for identification as Plaintiff's Exhibit 4, Mr. 16 Krafsig? 17 18 19 please? 20 A Q Yes, sir. I ask you to read the second paragraph, A I agree that it would be in the parties' 21 best interests to resolve all issues quietly and amicably. 22 However, I cannot advise Mr. Krafsig to immediately 23 transfer the deed to the marital residence in joint names. 24 I will not advise him to do that particularly subject to 25 various threats made in your letter. I frankly do not 19 ~,,--" ' ", ~k , ~"-, ",- "I ',C> -..'~ ,", ,_,~".o-,', o o 1 understand why the transfer of the deed is deemed to be so 2 important when all property accumulated during the marriage 3 is presumed to be marital property. 4 MR. BRADERMAN: Read the next -- 5 MR. SHADE: Excuse me. Your Honor, I am 6 examining this witness. 7 THE WITNESS: In my opinion, your threat to 8 spread the details of your marital misconduct upon the 9 public record would be ill-advised and accomplishes 10 nothing. If you care to discuss this case in a reasonable 11 and non-threatening manner 12 MR. SHADE: Excuse me. Your Honor, this is 13 not responsive to my question. 14 THE COURT: Well, we are going to hear the 15 whole letter at some point. It is probably better to hear 16 it now than in bits. Go ahead, Mr. Krafsig. 17 THE WITNESS: Thank you, sir. Also, Mr. 18 Krafsig has in his possession a tax refund check made out 19 to himself and his wife in the amount of $1,351.00. Mr. 20 Krafsig is willing to split the proceeds of that check with 21 his wife. please advise what arrangements you suggest to 22 guarantee that both parties receive their share of the 23 refund. And that never transpired until last week. 24 BY MR. SHADE: 25 Q Can we agree that Plaintiff's Exhibit 4 is 20 ! 8 9 10 11 12 13 14 15 16 -J''''''- t,_,L, 'I ,;, ,<",;,,<.'"<;/' " --"'J'J " ,',,,1, LE",,; o o 1 an accurate copy of the letter of May 14, 2001, from your 2 counsel to my office? 3 A Yes, sir. 4 Q And can we agree that your attorney would 5 have mailed that letter to my office on May 14, 2001? 6 A I can't speak for my attorney, but I am 7 sure, you know... Q Do you have any reason to believe that it was not mailed at the time it was dated? A No. I have no reason to believe that. MR. BRADERMAN: We can stipulate that it was mailed on or about May 14th. THE COURT: Very well. MR. SHADE: Thank you. BY MR. SHADE: Q Isn't it true that we did not file our 17 petition for special relief in this case until May 21, 18 2001? 19 A That's correct. 20 Q So obviously that was after we had received 21 a letter from your attorney saying that you would not 22 transfer the deed into joint names? 23 MR. BRADERMAN: It does not say we would not 24 transfer it. It says we would not immediately transfer the 25 deed. 21 , "" ,~ "I,,' ", ,",,'"'","L L" '~--', ,~-~"' "",," """""-,-,;-,' o o 1 BY MR. SHADE: 2 Q Isn't it true that your wife worked for 3 nearly forty years in the Bureau of Personnel Statistics, 4 Licensing and Enforcement of the Pennsylvania Liquor 5 Control Board? 6 A No. That's not correct. I mean, she worked 7 in various offices at the Liquor Control Board and ended up 8 at the State Police. 9 10 Q A It was all in liquor enforcement, wasn't it? No. Not all of it was enforcement. Some of 11 it was. Some of it wasn't. 12 Q Okay. I will say it again. Isn't it true 13 that your wife worked for the Commonwealth of Pennsylvania 14 for forty years continuously? 15 A That's correct. 16 Q Isn't it true that she retired from state 17 employment in 1991? 18 A Yes, she did. The same day I did. 19 Q Isn't it true that you worked for more than 20 forty years for the Pennsylvania Liquor Control Board? 21 A That's correct. 22 Q Isn't it true that when you retired you were 23 the Director of the Bureau of Licensing? 24 25 A Q That's correct. How long did you have that job? 22 9 10 11 12 13 14 15 16 :,;". "'",--. --..;< o . 1 A Well, I started out as a messenger. And I 2 worked my way up through the Bureau through all those 3 years. And 1 would say maybe the last twelve or fourteen 4 years maybe. I am not certain on that. I don't remember 5 6 exactly. Q Isn't it true that your wife receives 7 approximately $1,500.00 per month in after-tax state 8 retirement? A Q I think that's what it was if I recall. Isn't it true that you receive approximately $3,400.00 peT month in after-tax state retirement? A That's correct. Q Isn't it true that you also receive social security benefits of $1,025.00 a month? A Yes, sir. THE COURT: How much was that a month, I am 17 sorry? 18 19 MR. SHADE: $1,025.00, Your Honor. THE COURT: Thank you. 20 BY MR. SHADE: 21 Q Isn't it true that the house that you have 22 listed for $1,895,000.00 has been assessed for real estate 23 purposes at $561,910.00? 24 A On the recent assessment, yes -- the 25 reassessment. 23 1 "' -~' j,r'i,' _ '_d_" ".,'1' " " ,"z '~"~ , . ,-~ ~ o ."" .. Q Isn't it true that there are two mortgages 2 against that house? 3 4 A That's correct. Q Both of those mortgages are at Waypoint 5 Bank, are they not? 6 7 8 mortgages? 9 10 A Yes. Q Is your wife's name on the notes for those A I am sure they are. Q Isn't it true that the first of the two 11 mortgages is a ten year mortgage? 12 A Yeah. I think I said ten year, if I 13 remember correctly. 14 Q Isn't it true that the monthly payment is 15 approximately $1,560.00? 16 17 think two cents. 18 A That's approximately. It is within that. I Q Isn't it true that there are about four 19 years to pay on that mortgage? 20 21 A Yeah. I would say that's about correct. Q Isn't it true that the approximate balance 22 of that mortgage is only $52,000.00? 23 24 A Yes. That's correct. Q Isn't it true that the second mortgage is 25 also a ten year mortgage? 24 }J ",-,-, , I ",>". ",'" r' '~""""M','" " ., 1 A That's right. 2 Q And isn't it true that the monthly payment 3 on that is approximately $1,175.00? 4 A I think it is a little more. I think it is 5 1,176 or something like that and some odd cents. 6 Q Isn't it true that the balance on that 7 mortgage is approximately $90,000.00? 8 A Perhaps. I haven't gotten a statement to 9 know exactly what it is, but I would say it would be in 10 that range. 11 Q And there are no other liens against the 12 house, are there? 13 14 A Q Not that I am aware of. So can we agree that the total equity in the 15 marital dwelling then, in accordance with your listing 16 price, is approximately $1,750,000.00? 17 A I would say that's correct. 18 Q Has anyone explained to you that if you were 19 to die before a divorce decree were entered in this case, 20 that your wife would be limited to a third of the equity in 21 the house by taking under the Intestate Act or by electing 22 to take against your will if your will did not give the 23 house to her? 24 25 A Q No. I am not really fully aware of that. Well 25 , " "0,] "'- '" ^.t"" '-, ,~-,: '. -,., " ~ " " ,-;',<' o o 1 A I would assume that, you know, that she 2 would get half under the marital aspect. And I am not sure 3 about the other part. 4 Q Well, can we agree that if she were 5 restricted to a third of the equity, that that would be 6 approximately $600,000.00, less than $600,000.00? 7 A I guess we can assume that. But that 8 wouldn't be, you know. . . 9 Q Has anyone explained to you that if the 10 marital dwelling had not been transferred in your name 11 alone in 1977, that in the event of your death prior to the 12 entry of a decree in divorce, your wife would become the 13 owner of the entire $1,750,000.00 in equity in the house? 14 A Well, I don't think that would have had 15 happened, because, I mean, if my will would have had 16 anything to do with that, because we had no children. And 17 I had never, and Mrs. Krafsig knows this, fully intended to 18 let everything to her. She is aware of that. I told her 19 that many times. Because we had no children and I didn't 20 feel it was fair that she could split her half with her 21 family. And I wanted my half split with my family and 22 whatever. 23 Q I am not sure I understood what you just 24 said about your will, sir. Are you saying that you have a 25 will in effect right now that gives everything to your 26 -, ~- _ ,,-, ,", . .J ~ ,1.-- .' .-~, - ,-", ," - ~, o . 1 wife? 2 3 4 5 6 7 A Q I didn't say that at all. Okay. And that isn't the case, is it? A No. I mean, she filed for the divorce. I didn't file for the divorce, she did. Q Well, do you think that it would be fair for your wife to have to bear the risk of losing more than 8 $1,150,000.00 9 MR. BRADERMAN: Objection. 10 BY MR. SHADE: 11 Q -- of the value of the major marital asset 12 in the event of your death prior to the entry of a decree 13 in divorce? 14 MR. BRADERMAN: Objection. He can't give an 15 opinion. 16 THE COURT: Well, he can certainly give an 17 opinion as to whether he thinks it is fair. Whether his 18 opinion about that is relevant to my inquiry is another 19 matter -- 20 21 THE WITNESS: Under the circumstances THE COURT: We will address his state of 22 mind. There is no problem with that. Go ahead. 23 MR. SHADE: May I restate the question, Your 24 Honor? 25 THE COURT: You can restate the question. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 ..- "'''-'-''~I ''''- """"'''''"'''' : m>-; o . BY MR. SHADE: Q Do you think that it would be fair for your wife to have to bear the risk of losing more than $1,150,000.00 of the value of the major marital asset in the event of your death prior to the entry of a decree in divorce? A Prior to the entry of the decree in divorce you are saying? Q Yes. A I would say no under those circumstances. Q Isn't it true that prior to her retirement your wife always turned over her paychecks to you? A She elected to do that. I never asked her 14 for a check. I want that understood. Never once did I 15 ever ask her for a check. She thought I was the better 16 manager. And she wanted it this way. She wouldn't even 17 participate. She wouldn't even write the checks. She 18 never even would sit down with me to fill out the income 19 tax each year. She left that up to me, because she thought 20 I was the better manager. 21 Q Isn't it true that until the separation your 22 wife turned over her pension check to you every month after 23 her retirement? 24 A Sometimes. Not all the time. She kept it a 25 few times, you know. 28 ~'; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 N " , - , ~-~-'I . , '-_,'; ":';"'-"4' U,"""~" ~- , " ""'-"'1.i!~',i o . MR. BRADERMAN: Objection, Your Honor. Can I have an offer of proof? I don't know where we are going on this. MR. SHADE: It all relates to what I had said preliminarily, Your Honor, about the extent to which -- when the wife comes up and testifies I don't know anything about this deed. I didn't know I signed the deed. I don't know anything about this. I am developing -- THE COURT: Yes, that she was out of the loop in terms of their financial affairs and MR. SHADE: Exactly. That's it, Your Honor. THE COURT: Go ahead. BY MR. SHADE: Q Can we agree that you managed the family finances throughout the more than forty years of marital cohabitation? A Yes. I handled them because she wanted me to handle them. I didn't have any other choice. But I never denied Mrs. Krafsig anything that she ever wanted. She never left that house that I didn't ask her if she had enough money or do anything. I ran a very, very fair ship. There was very little that she was denied. MR. SHADE: That concludes my questioning as on cross-examination of the defendant, Your Honor. THE COURT: Mr. Braderman, do you want to 29 ="" --, ,,"'-,+- ~ ,I,'",~, , -,;',,-;";I~' :;,',.__"-", ~""c;";;":,,,-",,, >:"-;-""", <,,' "" '''c" '~ ' r'. o . 1 ask questions now or would you prefer to call him back to 2 the stand as part of your case? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Krafsig? 18 19 20 21 22 MR. BRADERMAN: I think I would like to ask some questions now, Your Honor. THE COURT: Okay. Go ahead. DIRECT EXAMINATION BY MR. BRADERMAN: Q Mr. Krafsig, the home was recently listed by you for that amount of money, is that correct? A That's correct, sir. Q And was that listed for that amount of money upon your consultation with a real estate broker? A Q A Q Yes, it was, sir. Do you want to sell the house? Most definitely. And why do you want to sell the house, Mr. A Q A Q A Because I can't afford to keep it, sir. Referring to Plaintiff's Exhibit -- May I add to that? Sure. I want His Honor to know that that has been 23 my life's dream. Your Honor, I worked forty-eight and a 24 half years actually total service with the State. And 25 twenty-five and a half years of that forty-eight I worked a 30 ~.. ,. " j,' I "' d~' " --,-'--,..;.' ~" co . 1 second job. I drew these plans for this home. Everything 2 that I have, Your Honor, went into this home. And I am 3 going to lose it, because I can only maintain what I am 4 presently doing. And now that she is filing for support, I 5 just don't have it to do that. 6 And I understand the home is on the Internet 7 now that you might want to take a look at it and see what I 8 am going to lose under these circumstances. And I have cut 9 back on everything I could cut back on. I cut my own grass 10 now, and I was paying $100.00 a week to get that done. I 11 shouldn't even be doing that, because I got skin cancer. 12 And I shouldn't be out there, but I don't have any choice. 13 I didn't open the swimming pool because it cost $1,000.00. 14 You know, I had the water treated yet to protect that 15 underneath there. And all of these things, it would be 16 nice if I could have had it open for the sale of the 17 property. 18 And I cut back on the telephone service 19 because I just can't afford to do all of this and maintain 20 what I have. And now that the taxes have been raised, 21 there is no way I am going to be able to pay that $5,500.00 22 new tax. I just finished paying the $1,900,00 on the first 23 tax. And, you know, with no help, not so ever, you have to 24 understand something, when Mrs. Krafsig abandoned me she 25 has not to this moment done one blessed thing to help me in 31 ; I. .,~ L.' '" " I ~:. , <- ~ 'I. , - _",0' ,~., "",~ to-' _ 'j - '>-- ,~' ." -,;;' -il-_'" c 0,' ^ 1 any way, shape or form. 2 Her attorney sent me a letter. I call it 3 the ten most wanted list of the things that she wanted. I 4 have complied with that list. There is a few other items 5 over there that I am going to call her sister's husband 6 MR. SHADE: Your Honor, I must object 7 to -- I mean, there are a lot of other questions I would 8 like to ask this man that reflects on credibility and so 9 forth in this case, and he is strolling far afield here 10 THE COURT: We have to get back to your 11 questioning, Mr. Braderman. 12 MR. BRADERMAN: I understand, Your Honor. 13 BY MR. BRADERMAN: 14 Q Mr. Krafsig, please keep your answers 15 confined 16 A All right. I am sorry. 17 Q -- to my questions, sir. Referring to 18 Plaintiff's Exhibit No.2, being the transfer of the deed 19 from you and your wife to your name alone, Mrs. Krafsig 20 signed that deed, did she not? 21 A Yes, sir. 22 Q Was she under any adverse influence at the 23 time? 24 A No, sir. Definitely not. 25 Q Was she drinking or -- drinking alcohol or 32 ~, ,~, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - j ,,- ~ " , . I ,~< I' "-' "",- ,,',;",,";"""'- '-J:;1![,j o o 1 under the influence of drugs to your knowledge? 2 3 4 5 6 7 8 A Not to my knowledge, sir. Q Did you twist her arm or tell her she had to sign that deed? A No, sir. I did not. Q Did you explain to her at that time, in 1977, why you were transferring the property? A Well, it was just an open discussion with the three of us -- Q Who is the third person? Ms. Herr. That's Gertrude? That's Gertrude Herr, right. How did Gertrude and your wife get along? Well -- MR. SHADE: Objection to the relevance of that, Your Honor. A Q A Q A THE COURT: Overruled. Go ahead. THE WITNESS: They tolerated each other, I will say that. I mean, Polly was never over-affectionate with her, because she devoted all of her time to her mother. BY MR. BRADERMAN: Q To Polly's mother? A That's correct. 33 1 2 time? 3 ,'" , 1.' ,~ ,.. """ -j-. ",I '.-,,-:, 0'. " ~-." '^ , ,,':"','-.;~' . lli..,) o O. ,. Q She was living on the premises at the same A NO, she wasn't. But Polly spent every 4 available minute of her time or whatever, you know, with 5 her mother or talking to her mother. I played second 6 fiddle throughout forty-four years of that marriage. 7 Q You have answered the question. From 1977 8 until the present listing of the house, did you ever list 9 the house? 10 11 A No, sir. Q Have you ever done anything to limit what 12 you thought her share would be in that real estate? 13 14 A I would never do that, sir. Q Mr. Krafsig, there was a support conference 15 in Cumberland County within the past two weeks, is that 16 correct? 17 18 A That's correct, sir. Q And as a result of that support conference, 19 you were ordered to pay alimony pendente lite or spousal 20 support? 21 22 A That's correct, sir. Q And at the time of that hearing the numbers 23 as reflected in your examination by Mr. Shade were indeed 24 the numbers given to the Domestic Relations Officer, is 25 that correct? 34 ;; ^C"_ r' ,,~'-" '~ '""",,,I ,,'.,,~ I o . 1 2 A Q Certainly. And as a result of that hearing, you were 3 ordered to pay Mrs. Krafsig $1,100.00 a month, is that 4 correct? 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A Q A That's correct, sir. Plus $100.00 on arrears? Correct. Q At the time of the support conference, Mr. Krafsig, do you recall what our argument was to the support officer as to why you couldn't afford to pay that? MR. SHADE: Your Honor, once again -- THE COURT: I am assuming it has something to do with the expense of caring for the house? MR. BRADERMAN: That's correct. THE COURT: All right. BY MR. BRADERMAN: Q Do you recollect A Q Would you repeat that again? I am sorry. At the time of the support hearing do you 20 recall our argument with the support conference officer as 21 to what you could or could not afford to pay Mrs. Krafsig? 22 23 A Q Yes, sir. And what was, in summary, what was the 24 thrust of our argument? 25 A That I just couldn't afford to give her 35 "'0 _!(;l~/', . ~ , - I, .I",~, _~ I"~ " , ,'=C',"" , ',' ,Yo ,; , 'c" ~ ", " , '~;." '",~:-,." l'i&t:>4."- o . 1 alimony at this time, because I can't protect our asset. I 2 will have to lose it. And there will be nothing for either 3 one of us. 4 Q Again, your only income is your retirement 5 and your social security, is that correct? 6 A That is correct, sir. 7 Q Mr. Shade didn't ask you, but I am going to 8 ask you, in addition to the expenses of the mortgage, what 9 are the real estate taxes on that house? 10 A They are now up in the 7,000 something. 11 There is a brochure that I have here that has the accurate 12 amount of them, sir. 13 Q Would that be another five or $600.00 a 14 month that it would cost you? 15 A Well, definitely. It is really going up 16 since it is being reassessed. That's correct, sir. And I 17 have to pay that by November 1st -- 18 Q Would it be fair to say, Mr. Krafsig, that 19 if you continue to pay both mortgages, the real estate 20 taxes, and pay Mrs. Krafsig $1,200.00 a month, how much 21 money would be available to you for let's say utilities in 22 the home or for food for yourself? 23 A About $500.00 at the very most. And, I 24 mean, that don't take care of all the other utilities and 25 things that are necessary -- 36 - ,,; -, .', , I,;. ..le .' -I-. .0. _, ' ~' ,..^ I~ c . 1 MR. SHADE: I would object to this. We are 2 not here on the support appeal. 3 THE COURT: And that isn't why he is asking 4 the questions. I suppose he is asking the questions to 5 find out why there is an urgency in listing the home. I 6 assure you it is obvious to me. 7 MR. BRADERMAN: Thank you, Your Honor. I 8 will abbreviate it. 9 THE COURT: I would be very surprised if she 10 would oppose the sale of the home. Though what comes of 11 the proceeds is always a squabble in these cases. 12 MR. BRADERMAN: Sure. 13 BY MR. BRADERMAN: 14 Q Mr. Krafsig, after receipt of the domestic 15 relations order did you instruct me to take an appeal? 16 17 18 19 Most definitely. And I did take an appeal? Yes, sir. And that appeal was taken this week, is that A Q A Q 20 correct? 21 22 23 24 25 A Q That's correct, sir. Mr. Krafsig, you and I have had many discussions, have we not, as to whether or not you should transfer the property to Mrs. Krafsig? A Yes, sir. 37 ';'" , '1 ~< ".ifu,c,;'li ]\ ,." 10 -" ~ I ,L;. ,I~ ~ "". ." 'L '~-i. ,~,~,~:-- ,; ,~ ,"" 0:..".;'" . . 1 2 3 4 5 6 how the transfer should be to Mrs. Krafsig? 7 A Tenants in common being the fairest way. 8 Q Why would that be the fairest way in your 9 opinion? Q And did I ultimately advise you to do so? A You mean presently? Q Yes. A Yes, sir. Q And if you can recall, what was my advice on A Well, because her half would go to her, and 11 my half would go to me. 12 Q So it would not be your intention at this 13 time, would it, for your share of the real estate to go to 14 Mrs. Krafsig? 15 16 A Q No, sir. Anymore than it would be her intention 17 presumably if you survived her? 18 19 20 21 22 23 24 A That's correct. Q With your approval, did I make that proposal to Mrs. Krafsig's counsel, that we would be ready, willing and able to transfer a deed to you and her as tenants in common? A Q You certainly did. And I asked for some other stipulations in a 25 letter that I wrote to Mr. Shade, did I not? 38 "I" ,I" <,j. :-.. I, . 0 "'- ,'~~I~" , , d' '''''' , 'ii",~", ',,, , _ii':',j o . 1 2 Yes, sir. A Q And one of those items that I asked for is 3 that the instant action be dropped, not the divorce, but 4 the petition 5 MR. SHADE: Your Honor, I object to 6 attempting to discuss negotiations in the context of an 7 adversarial hearing. 8 THE COURT: Anything you want to say? 9 MR. BRADERMAN: I don't think it is a 10 negotiation, Your Honor. I think this goes to our proposal 11 to give a deed and why they rejected our proposal. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Those are settlement negotiations, and they are clearly irrelevant. BY MR. BRADERMAN: Q Did Mr. Shade ever through counsel say he wouldn't accept a deed as tenants in common unless you did not appeal your support order -- MR. SHADE: Objection, Your Honor. Same reason. THE COURT: Sustained. BY MR. BRADERMAN: Q Did I show you a deed today, Mr. Krafsig? A Yes, you did, sir. Q And I do have it with me? A Yes, sir. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ""0 I,. l' ;--,1"< _'_'I . ",,"<.,';' -, i.2M.t)\ii!; o . MR. BRADERMAN: I have no further questions. RECROSS EXAMINATION .BY MR. SHADE: Q I understood you to say that you have not done anything to limit what your wife would receive out of this house. Was that your testimony? A Certainly. Q Have you changed your will since your wife left? A No. I haven't yet. I am in the process, but I haven't yet. Q You are in the process of reducing your wife's inheritance? A Well, certainly. Why would I want to do 15 that if she is divorcing me? 16 Q And you would not consider that limiting her 17 interests in the marital real estate? 18 A I said, sir, that I haven't done it as of 19 this moment. It has not been completed. 20 Q Isn't it true that at the hearing in the 21 Domestic Relations Office we asked you if you had 22 considered refinancing these very high equity mortgages, so 23 as to reduce the payments that you have every month? 24 A Yes. You asked me that, but it didn't make 25 much sense to me. When I have a ten year mortgage and a 40 ~, t ~ '~ - " -l"" I,. "__, ~," "i ,:-~I,',,~ " ",'- , ~ ,<, ~, ,-- '" ' , ; "- -",' o ."", '. 1 lower interest rate to turn around and take a thirty year 2 mortgage. And I will be 102 years old. You know, and it 3 is even questionable that I could get a mortgage like that. 4 Q Well, of course, if the house were sold, you 5 wouldn't have a mortgage when you were 102 years old, would 6 you? 7 A If it is sold, certainly. But you fail to 8 realize there is a lot to be done. You never saw my home, 9 so you don't know what the situation is. I have to have a 10 special buyer that's going to want to buy this place, 11 because there is a lot to complete it. And this could go 12 on for quite awhile. 13 MR. SHADE: Thank you, sir. I have no 14 further questions of this witness, Your Honor. 15 REDIRECT EXAMINATION 16 BY MR. BRADERMAN: 17 Q You have kept on referring, Mr. Krafsig, to 18 this home being, quote, unquote, your life, putting 19 everything into this home. Did Polly go along with this 20 program, in other words, you put -- it would appear to me, 21 that you put your joint assets and your income to this home 22 over the years? 23 A Certainly. You know, she shared that with 24 me, and she allowed that to happen. 25 Q With regard to workmanship in the home, 41 ,",,' c_,] ~' __J ~ , + ~_, > -, '._.-<_. -" ,"NO_.' l1iM~"!,-,, e . 1 being special tiling and ceilings and so on and so forth, 2 did you do any of the work? 3 A Certainly. 4 Q You did a lot of the work or some of the 5 work? 6 7 8 A Well, some of the work. r mean, r can't do everything, but r... Q Did Polly do any work in the home? I mean, 9 I am talking about tiling and carpentry and things of that 10 nature? 11 A No, sir. 12 Q But she enjoyed the benefits of the house 13 the same as you did? 14 A r think so. 15 MR. BRADERMAN: No further questions. 16 THE COURT: Thank you, sir. 17 MR. SHADE: Nothing further of this witness, 18 Your Honor. We would move the admission of our Exhibits 1 19 through 4 inclusive, Your Honor. 20 THE COURT: Unless there is objection, we 21 will admit them. 22 23 MR. BRADERMAN: No objection, Your Honor. MR. SHADE: Call Mrs. Krafsig to the stand, 24 Your Honor. 25 42 , - ~ 1 2 3 4 BY MR. SHADE: 5 6 7 8 2001? 9 10 11 now? 12 13 14 15 ~. I, "_ I, . ,~ ~_ <, "", -". '---I;",c"_ -, ";"'iii'<t";" .'" A. V . Whereupon, PAULINE D. KRAFSIG, having been duly sworn, testified as follows: DIRECT EXAMINATION Q State your name, please? A Pauline D. Krafsig. Q Did you leave the marital dwelling on May 7, A I did. Q Does your husband know where you are living A No. Q Do you need to keep it that way? A Yes, I do. For my own protection. Q Are you satisfied to have any communication 16 concerning this case addressed to my office? 17 18 A Yes. Q Prior to the marriage were you raised in a 19 strict Roman Catholic home? 20 21. 22 school? 23 24 A Yes, I was. Q Did you attend Roman Catholic boarding A Yes, I did. Q As a result of your upbringing, would you 25 describe yourself as extremely naive about sexual matters? 43 -~ -- 1. I. -' ~ " , I , , --"~ ", ,,;;.. ~I' o . 1 2 A Q Yes. I am afraid I would have to say so. How long did you know your husband before 3 the marriage? 4 5 A Q Approximately three years. On your wedding night did your husband tell 6 you anything about his ability to have sexual relations? 7 MR. BRADERMAN: Objection. 8 THE COURT: I really don't want to get into 9 a whole lot of detail on this. 10 MR. BRADERMAN: It is totally irrelevant, 11 Your Honor, to the issue at hand. What their sex was or 12 lack of sex or sexual preferences is not relevant to this 13 hearing. 14 THE COURT: And I am not being a prude about 15 it, Mr. Shade, but it is no more relevant than if he had a 16 girlfriend on the side. I mean, no matter what the reason 17 is that. .. 18 MR. SHADE: Your Honor, I understood Your 19 Honor to indicate at the outset of the hearing that you 20 would consider 21 THE COURT: Well, she can tell me, and if I 22 believe her, she is being credible about it, that she 23 didn't know what was going on in the marriage. I am 24 concerned about her knowledge and understanding of their 25 financial and property matters, not their sex life. 44 (; .-' ." . I~" - L ,,'-- 'oJ -"=-,, , _' "'- I' ~" ,', .;.-' " -, ,_ , -'". ,:., :,.' -,i__- ,__,-,;" ,-', '\, A....... V . 1 MR. SHADE: Well, now, I am personally 2 concerned about the fact that the defendant in this case 3 has testified under oath and threatened to seek to have me 4 disbarred over matters that -- 5 THE COURT: Well, you and he can work that 6 out. I have no power to disbar anybody. 7 MR. SHADE: I understand. 8 THE COURT: And I assure you that won't 9 happen from this bench. Matters that need to be pursued in 10 other tribunals can be pursued in other tribunals. I have 11 my hands full dealing with the issue at hand today. I want 12 to know how she signed a deed and didn't know what she was 13 doing. 14 MR. SHADE: And part of how naive she was 15 has bearing on her credibility. 16 THE COURT: Sure. She went to Roman 17 Catholic school, and they have had no sex life together. 18 Now tell me some other things about her naivety. 19 BY MR. SHADE: 20 Q Was it going to be a hardship for you to 21 move from the marital dwelling with your limited resources 22 and your limited experience in life? 23 A Yes. It certainly was. 24 Q Do you have a driver's license? 25 A I have a license, which I -- 45 J ~ ',' ~ ; I", ,I" ~l ~' _..L ';,-' ,l,~:."', ~. , " - - ~c ,~,,__, o . 1 2 3 4 5 6 7 8 9 Q A When did you first get a driver's license? In November of 1991, the same year that I retired. Q That was after you were married for thirty-three years? A Yes. Q Why did you not have a license before that? A Because we had only one car. And my husband worked so many jobs, he didn't particularly want me to 10 drive. And he did the driving. 11 12 13 14 15 16 17 18 19 20 21 22 23 Q How did you go about getting your driver's license in 1991? A Before I retired a friend at work was talking to me, and my husband was having health problems. And he convinced me that I should get a driver's license. Q When you say he convinced me, who do you mean he? A Q A Q A Q He was a co-worker. Not your husband? Not my husband, no. Go ahead. A co-worker. Yes. 24 A And he made it possible for me to go and 25 take my driver's test, to obtain application for a driver's 46 - ;. '. "~oj ,I -,' I c_', ,c . 'c ,', ,', "'~.i~' ___ ~ -- t: I ;.,.,.,p>i_' "C'", ';,-,;{,' . v . 1 license. And I had a driver's training school come and 2 pick me up on my lunch hours and took driver's training 3 until I passed my test. 4 Q At that time did you live out in the 5 country? 6 A Yes. At the same residence where I am -- or 7 where I was. 8 Q Were you concerned that if your husband got 9 too ill to drive that you needed to be able to drive him? 10 A Absolutely. 11 Q And yourself? 12 A Yes. 13 Q After you got your license in 1991, would 14 your husband let you drive the car? 15 A Again, the car was the only car. I really 16 didn't have opportunities to drive it. 17 Q Have you driven a car since you retired in 18 1991? 19 A No. I have not. Q Do you have an automobile now? A No. Q Do you want to be able to get an automobile? A Yes, I do. Q After you retired, did you retain any of 20 21 22 23 24 25 your retirement checks when they came every month? 47 "'__-,1;; ; I" ~, -I ~, ,,~, ;,--, -,,,;<,,-- ~- -,', ,,-,' ~ ;if';,;;;;~ o . 1 A No. I turned them allover to Don. As he 2 said, he was an excellent manager. However, I turned them 3 over to him. 4 5 household? 6 7 8 Q Who did the grocery shopping in your A Q A He did. Would he permit you to go along with him -- No. 9 Q Ma'am, please let me finish my questions. 10 Would he permit you to go along with him to the grocery 11 store when he did the grocery shopping? 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Practically never. Until you engaged counsel in this case, were you aware that the marital dwelling had been transferred into the name of your husband alone? A No. I was not. Q Would your husband ask you to sign things throughout the marriage? A Yes. But I trusted him. Q When he would ask you to sign things, would you just sign them? A Because I had no reason to doubt him. Q Do you ever recall your husband explaining to you the document he was asking you to sign was transferring to him all of your interests in the marital 48 , '~""- 1 home? 2 A I, ,d " i-I.-, ';- }~" -,-[ 'J' " \",',1;, ~"~~ ,~ ',nt'.,,- e . No. 3 Q Are you asking that your husband be required 4 to transfer the marital dwelling back into joint names with 5 survivorship as it was before your signature was somehow 6 procured on Plaintiff's Exhibit 2? 7 8 A Yes. MR. SHADE: Cross-examine. 9 THE COURT: Before you do that, because you 10 may want to follow-up on this, Mr. Braderman. 11 MR. BRADERMAN: Yes, Your Honor. 12 THE COURT: I know I said we weren't going 13 to get into this, but in deference to Mr. Shade's professed 14 predicament with regard to having been accused of making 15 false application. Let me just ask you a couple of 16 questions so we don't go into this in perhaps unnecessary 17 detail . 18 Is it your testimony today that you have 19 never had sexual relations with your husband? 20 21 22 now is this? 23 24 8th of 1957. 25 THE WITNESS: Yes. THE COURT: And how many years of marriage THE WITNESS: We were married on June the THE COURT: And your petition -- 49 ! ' : ---,-,-j: ..;c,,;, _c_ -I ,_'~' -,' '" ___ ~_J"]'''' - ~ ';,;: ' ~ '~"', o . 1 THE WITNESS: It was forty-four years. 2 THE COURT: And your petition says you have 3 never seen this man totally in the nude. Is that also 4 true? 5 6 7 THE WITNESS: That's correct. THE COURT: Okay. MR. SHADE: Excuse me, Your Honor, in light 8 of the questions that you just asked -- 9 THE COURT: Well, that was my point in 10 asking them. I was trying to tailor it to find out what I 11 felt I needed without -- but if you feel there is something 12 absolutely essential that must be pursued in light of 13 14 that, fine. MR. SHADE: I just want to say for the 15 record, Your Honor, that this man in his answer has denied 16 all of that. And I want the record to show that I have 17 documentary evidence in his own -- 18 19 MR. BRADERMAN: Objection. THE COURT: Well, if he tries to have you 20 disbarred, then you will defend on that basis. I repeat 21 again, that question is not before me. 22 MR. SHADE: I understand, Your Honor. But I 23 just want to say for the record that I have documentary 24 evidence in his own hand 25 THE COURT: You are prepared to defend your 50 ,- ;,- -I. cL..___ ",I" ,~ ;"',k _"'_"~~- --""'''"' ~~-,:, .0 . 1 claims in another forum. 2 MR. SHADE: That would show his 3 credibility -- 4 MR. BRADERMAN: I object to that argument, 5 Your Honor, about documentary evidence. 6 THE COURT: Mr. Braderman, this is pushing, 7 you know, a little bit. It was your client who sat there 8 and threatened to disbar this man. You are putting me in a 9 tough position. 10 MR. BRADERMAN: That did not come from me, 11 Your Honor. 12 THE COURT: Well, sit down. We are going to 13 stop the whole thing right there. Go ahead. 14 Cross-examine. And I appreciate that, Mr. Braderman. It 15 did not come from you. And that was an appropriate 16 observation on your part. Go ahead. 17 CROSS-EXAMINATION 18 BY MR. BRADERMAN: 19 Q Mrs. Krafsig, Plaintiff's Exhibit NO.2 20 being the deed of September 24th, 1977, do you have that 21 before you? 22 23 24 25 A Yes. Q Could you go to the last page of that deed? There appears to be a notary? A Yes. 51 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I' J] - 'I .,".' , ",' h' '_",,';,,_,~);,__.,O" ',--' '__r .Ii-':'",,; o . 1 Q Do you recall signing this before a notary? 2 Your name is listed, Donald C. Krafsig and Pauline Krafsig, 3 his wife? 4 A Yes, I did. 5 Q Would you go to the page before that? Is 6 that your signature? A Yes, it is. But I was not aware of the full context of what I was signing. Q That's your recollection of what happened in 19777 A Q That's correct. Do you recall where the deed was signed? Was it signed in an office, at your home, in front of a notary? Do you recall where you signed it? A I believe it was -- I believe it was in -- it was witnessed by the notary, but I believe it was in his brother's office. Q That would be John Krafsig's office? A That's correct. Q And do you recall how you got to the office? A Well, the only way I had of getting anywhere was my husband. Q And you went with your husband? A Q Yes. And this document was put before you, 52 1 correct? 2 3 4 you? 5 )'l i' 'I I" ~-,,-- ~, ""',: o . A Q Yes. Were any other documents placed in front of A I don't remember. 6 Q Now, did you look at the first page of the 7 document that said this indenture? I am sure it is hard to 8 recollect twenty-five years ago. But if you could help us, 9 it would be appreciated. 10 11 12 13 14 A I am sorry. I can't say that I can say that there were others, because I don't remember. Q Okay. Do you remember whether you objected to signing this? A No. Because I figured I wouldn't be asked 15 to sign something if it was going to be detrimental to 16 myself. 17 Q Mrs. Krafsig, you testified that you worked 18 in various jobs for the Commonwealth? 19 A That's correct. 20 21 22 23 24 25 of what you did? Q A Q A Q For forty years? That's right. Just about forty. And were you Civil Service? Yes. And could you give us your job titles, some 53 1 .-' , ;. L",",' ,.j ~. &.1' d ". --,<- , ~- - -.'.-'_ ','",,'W'___i~ ,.,.. ,,", ~ o . A I started out in the Bureau of Personnel as 2 a clerk typist when I graduated from high school, sixteen 3 years of age. 4 5 early graduate? 6 Q Well, let me ask you that. Were you an A Yes. I skipped a whole grade when I moved 7 here to Harrisburg. 8 9 10 11 Q A Q A Because of academic achievement? Yes. Go ahead. I am sorry. Then I went into the Bureau of Statistics, 12 the Liquor Control Board. From there I went to the Bureau 13 of Licensing. I was a keypunch operator there. I went 14 from the Bureau of Licensing into the Bureau of Liquor 15 Enforcement, where I was what they called -- well, first I 16 was a report examiner. Then I was a legal assistant. And 17 the Bureau of Enforcement was taken over in the '70's, the 18 1970's, by the State Police. And I retired from that 19 Bureau of Liquor Control Enforcement, in the Bureau of the 20 State Police. 21 Q You said you were a legal assistant. How 22 long were you a legal assistant, approximately? You don't 23 have to be exact. 24 A Well, I know I was with the State Police for 25 three or four years. And prior to that I would say about 54 " .-';. ,j,,, ""-I, ,,o_,,i.;. -,:--, ,"-"<", <'-," 'r--"",_" '" '":' o .' ~, 1 three years, maybe four. 2 Q Would it be fair to say that you would 3 recognize a legal document, such as a deed, if you saw it? 4 A Yes. 5 Q You mentioned your husband didn't want you 6 to drive. Was that for safety purposes, or he just didn't 7 want you to drive? 8 A I don't know whether I don't know what it 9 was just exactly. But he preferred to do the driving. He 10 was a good driver, so I... 11 Q Did you drive together to work in the 12 morning? 13 A Yes. 14 Q And did you drive home from work together? 15 A Not always, no. His father took me home 16 many times earlier in our marriage. And also a man who 17 worked for us took me home. 18 Q At times? 19 A Different times. When Don was not able to 20 do it. 24 Q You heard your husband testify about working more than one job. Did he sometimes have two jobs during the marriage? A Yes, he did. Q What else did Mr. Krafsig do other than 21 22 23 25 55 , ~ 1'1 '''''0- ,-- ""'.'''-<0, ~,; , ; M' c . 1 working for the Liquor Control Board? 2 A He taught children acrobatics and baton for 3 two different dancing schools in the Harrisburg area. 4 5 6 Q A Q And Mr. Krafsig was paid for that work? Yes. And to your knowledge did the proceeds of 7 that work go into the family accounts? 8 A As far as I knew. 9 Q Prior to filing for divorce in May of this 10 year, did you ever file for divorce against your husband 11 prior to May of this year? 12 A No. 13 Q Do you think it is a good idea that the 14 house be sold, Mrs. Krafsig? 15 16 A Q I do, yes. will you agree that that is the primary 17 marital asset or the only marital asset of substance? 18 MR. SHADE: Objection, Your Honor. We have 19 outstanding discovery on that issue. We would have no way 20 of knowing one way or the other. 21 THE COURT: Well, if she doesn't know, she 22 will tell us. Go ahead. 23 24 25 BY MR. BRADERMAN: Q Is that the primary marital asset? A As my attorney just advised you, I agree. 56 ~ 1 2 ,C L ',.",j," ,__,1 , l::,W",,-,"> .,1,-, ,-, c' ,-,.' wr.- 0, ',-^ . Q You agree that it is? A No. I agree that there are still some 3 outstanding things to be answered. 4 Q For example? Tell us what you think there 5 is that might be a marital asset that you don't know about 6 or that we don't know about, if you know? 7 A I don't know, so I can't really answer that 8 question truthfully. 9 Q Would it be fair to say to your knowledge, 10 Mrs. Krafsig, that over the past twenty-five years at 11 least, since you have owned the present home, that 12 primarily all your savings and income went into improving 13 that house? 14 15 A Yes. Q After you moved out, Mrs. Krafsig, out of 16 the home in May, through your counsel, were certain 17 personal items asked for? 18 19 20 21 22 23 24 A Yes. My clothing. Q And were they made available to you? A My winter clothing was. Q Did you ask for some other items? A Some summer clothing. Q Was that made available? A Finally, yes. Along with clothing that 25 didn't belong to me. 57 ~ >"" ~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 """,1, ~ I ---","" ~ "" ~-,~",; ,',-, 'c. 'Si '~"y o . 1 Q Were there some other items? I don't have 2 the letter handy, but were there something like flower 3 arrangements and a radio or a T.V.? I just don't remember. 4 A These were things that my husband didn't 5 want in the house, because they had been given to me by my 6 mother. Q A Q A Q Were those things made available to you? They were. And you have gotten those items? Yes. And you have had no trouble having access to the house for you and relatives to pick those items up? A The way it has been working, there is an answering service I am told now, that when my brother-in-law calls, the answering service is apparently, the voice on that, is that of another person other than Don. And he seems to be controlling when someone can or can't come in and get anything. Q Is there anything in that home, other than furniture, is there anything in that home that you want that you have been unable to obtain? A Q There have been several things, yes. Would you tell us what they are? MR. SHADE: Objection to the relevance of 25 this, Your Honor. 58 _~L '. ~. -,f I_I ,'".l~'__ ;,,-:;, -'"---",-;-, o o 1 THE COURT: Well, who knows. We might 2 resolve some part of this case this afternoon. Go ahead. 3 THE WITNESS: They were things that were 4 given to me by my mother. Namely, the framework for 5 etageres that held things 6 MR. BRADERMAN: I didn't understand. 7 THE WITNESS: The glass shelving was made 8 available. But the etageres are stands which hold things. 9 They are still there. And there are other items which have 10 not been found yet. 11 MR. BRADERMAN: Mr. Krafsig just told me 12 that the etageres are in the garage available for pickup. 13 Excuse me, Your Honor. 14 BY MR. BRADERMAN: 15 Q Mrs. Krafsig, would it be fair to say that 16 there were no other extravagances by you or your husband? 17 A Extravagances, no. I don't think there were 18 19 20 21 any. Q A Q Certainly not your vehicles? No. We have one car in common. And that's the 1985 Buick? 22 A Right. 23 Q Was there anything you wanted materially 24 during the marriage that Mr. Krafsig said you couldn't have 25 or you were unable to purchase yourself? 59 J ---. 1 - , ,,_ ',_1',[ ""-'[",1;;'" , I - .. ~ I <-_",_"" _",~ - 1__ ,- ,- , o A., ... A Well, I didn't purchase much myself, because 2 as far as holidays, Christmas, things like that, I did 3 that. But then that was with joint agreement. 4 5 6 best -- 7 8 Q How about clothing, your own clothing? A I had a job which necessitated looking my Q Absolutely. A Because I was in contact with the public 9 everyday. And so for just about forty years you can see 10 where things would accumulate. 11 12 Q You would purchase your own clothes? A I purchased my clothes. But I always waited 13 until I got them on sales before I bought them. So I was 14 not extravagant. 15 Q I didn't say you were. Were your purchases 16 of clothing or jewelry, were they ever limited by Mr. 17 Krafsig? 18 A No. But then I tried to do my best to keep 19 them within reason. 20 Q So he never told you how much you could or 21 could not spend on yourself? 22 A I had no money myself. So consequently when 23 I wanted something I would ask him. 24 25 Q If you could get it? A If I could, but it didn't always work out 60 , ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 "c. , I I . o 1 that way. 2 Q You have testified that you turned your pay 3 check over to Mr. Krafsig? 4 A Yes. 5 Q How did you get the money then to go to a 6 department store to buy clothing, or did you charge it or 7 write a check? A Q A It was through a charge. And you had the charge cards? I had one. Q And what charge card was that? A That was Pomeroy's, which is now Bon-Ton. Don had one for Boscovs and one for Sears in his name. Q Were you allowed to use those also? A If the need be, but I didn't. Q I don't want to dwell on this, Mrs. Krafsig. I just want to get a picture. So you had freedom basically to go out and buy the clothing that you needed or accessories that you needed? You didn't have to ask Don's permission, did you? A I had to have some way of getting there. 22 Q Okay. But you didn't have to ask his 23 permission to go to the Bon-Ton, did you? You would ask 24 him to take you to the Bon-Ton? 25 A Yes. Because I had no other way of getting 61 -,t.,,-, ..., ,', ""~'- '$k: "~" ~c " " ... L , I '", '.ci,.a;.;,;;--;',~, ,"; -; ",'", "", "",d G'" ,~ o 1 there unless I would go with a member of my family. 2 Q And then when the bills came in on the 3 charges, Mr. Krafsig would pay those presumably, because he 4 took care of the finances in the home? 5 A Yes. But I took care of -- I mean, it was 6 not -- they weren't purchases made only for myself. 7 Q I understand that. And you were satisfied 8 with that arrangement? 9 A I trusted him completely. 10 Q Okay. 11 MR. BRADERMAN: I have no further questions. 12 THE COURT: Anything else, Mr. Shade? 13 MR. SHADE: Nothing further, Your Honor. 14 THE COURT: Ms. Krafsig, you do seem to have 15 some recollection then of going to John Krafsig's office 16 and signing the deed in front of a notary. Do you recall, 17 and search your memory as best you can, do you recall 18 whether you were told anything about why you were being 19 asked to sign the paper? 20 THE WITNESS: No. It was something I felt 21 that if Don felt that it was something that needed to be 22 done I went along with it, because he managed the finances. 23 And I thought it had to be valid or he wouldn't have, you 24 know, thought we should have done it. 25 THE COURT: Okay. Anything else? 62 ~ . ".~," -,~{',' "'^' ,;c ',i,'- I", "J I - ~~"- \ ii::l:~-.~c, o o 1 2 3 4 5 6 testimony. Where would counsel like to go from here? Do 7 you just want to leave me with some closing arguments, or 8 would you like the opportunity to present any legal 9 authorities? 10 MR. BRADERMAN: Your Honor, I don't know 11 whether it is necessary to recall Mr. Krafsig other than to 12 introduce a deed that's been prepared. It has been signed, 13 transferring the property. I would just call Mr. Krafsig 14 to -- 15 MR. SHADE: Nothing, Your Honor. THE COURT: Thank you. You can step down. MR. SHADE: That is all the evidence we have, Your Honor. THE COURT: I think I understand the THE COURT: I think it is clear that you are 16 offering to transfer the property as tenants in common, 17 which essentially gives her one-half interest. 18 19 20 21 22 23 24 25 MR. BRADERMAN: That's correct, Your Honor. (Whereupon, Mr. Braderman closed on behalf of the defendant.) (Whereupon, Mr. Shade closed on behalf of the plaintiff.) (End of proceedings) 63 ,r ~ ' .. -,"",-::'-,; o ." , CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. ~p.~ Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Ai"./O. eo./ Date A. Hess, J. Judicial District 64 ~ ~, ~-- "I- _~'7>'" ,__"'C',~__"r,_', __ , ., Cf 'H'., " I "T.,.t,:-:.J";~)~~[~~~(~'\~~"FD ' ,_"",~,,,RY c.' 'If" ^' rc" 12' t::[ ui >1ilJt.1 ri1 ..r I CUMBt:HiJ\f!D COUNTY PENNSYLVANIA 11 ..--,\~$.;- ,Q....~' n" ;"- , '--~< ';<, ~V' Q. A,.... If' PAULINE D. KRAFSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DONALD C. KRAFSIG, Defendant NO. 01-3079 CIVIL TERM IN DIVORCE IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, September 24, 2001, in Courtroom Number 4. APPEARANCES: WAYNE F. SHADE, Esquire For the Plaintiff JAY R. BRADERMAN, Esquire For the Defendant ~,: o " 'I 1',-' INDEX TO WITNESSES FOR THE PLAINTIFF CROSS Pauline D. Krafsig FOR THE DEFENDANT Donald C. Krafsig DIRECT 48 3 55 27 INDEX TO EXHIBITS FOR THE PLAINTIFF ADMITTED Ex. No. 1 - income & expense statement Ex. No. 2 - list of checks for dental bills Ex. No. 3 - estimate of dental work Ex. No. 4 - checks & wire transfers of husband Ex. No. 5 - breakdown of checks & wire transfers Ex. No. 6 - counsel fees Ex. No. 9 checking account register FOR THE DEFENDANT Ex. No. 1 - income & expense statement Ex. No. 2 - 2000 tax return - '<h, ,I ,,,,,,,',," ~- .,',,_,1,." '~",- ", c ' ,-,-" 'If o REDIRECT RECROSS 64, 69 66 47 (all pg. 70) 2 ~--, '" ,. ;,1 '",__, ,e_'_",_, ~,'-' ,- ~ 4 -, ,tt.", o " 1 MR. RUNDLE: The next case is No. 11, 2 Pauline Krafsig and Donald Krafsig. 3 MR. BRADERMAN: Good afternoon, Your Honor. 4 THE COURT: Good afternoon. 5 MR. RUNDLE: This is an APL case, Your 6 Honor. Mrs. Krafsig filed for APL on May the 21st of 2001. 7 Following a conference at the Domestic Relations Office a 8 recommended order in the amount of $1,100.00 per month, 9 effective May 21, was entered. The defendant has requested 10 the hearing de novo. 11 MR. BRADERMAN: Your Honor, may Mr. Krafsig 12 take the stand? 13 THE COURT: Sure. 14 MR. SHADE: I am a little confused about the 15 order here. 16 THE COURT: Well, it doesn't matter. 17 MR. BRADERMAN: It is our appeal. 18 THE COURT: But it is a hearing de novo. It 19 doesn't matter. I don't care. Go ahead. 20 Whereupon, DONALD C. KRAFSIG, having been 21 duly sworn, testified as follows: 22 MR. SHADE: Your Honor, counsel has 23 indicated that he does not have any objection to your 24 having a copy of our exhibits to follow our testimony, and 25 some of it will be cross-examination as well. So I am 3 ., .,,-L-;,_'..c_li --.-,,-0< L :,;, ;:.--~"~,- , ~~, .' 8'-' 0....... ~ o ",' 1 handing them to the court reporter. 2 MR. BRADERMAN: I have exhibits to hand to 3 the court also. 4 DIRECT EXAMINATION 5 BY MR. BRADERMAN: 6 Q Mr. Krafsig, I show you an exhibit, which 7 has not been marked, but I guess we can say Mr. Krafsig's 8 exhibit or Defendant's Exhibit No.1, which is an income 9 and expense statement. Do you have that before you? 10 A Yes, sir. 11 Q And I am not going to go through every entry 12 obviously. Does that accurately reflect your monthly 13 income on page one, being pension income of $3,452.00 a 14 month, plus social security income -- social security 15 retirement income of $1,225.00 a month? Is that an 16 accurate reflection of your monthly income presently? 17 A Is this the correct one? 18 Q This document, Mr. Krafsig. 19 A Oh, I am sorry. 20 Q The income and expense. 21 A I am sorry. 22 Q would you like me to repeat my question? 23 A Please. 24 Q On page one of what is identified as an 25 income and expense statement, does that accurately reflect 4 1 2 3 4 5 6 7 8 9 ;L_" , ~"I' ,,,;,,,--, "'-"",,'-, o o your present monthly income, consisting of pension income of $3,452.00, plus social security retirement benefits of $1,125.00? A Yes, sir. Q Also on that page, being page one, there is a listing of a checking account and a savings account as being property owned. Do you see that? A Q Yes, sir. Are they the present balances in those 10 accounts? 11 A Yes, sir. There is a $25.00 deduction on 12 the credit union for information I just obtained that will 13 be deducted from that, but it is right otherwise. 14 Q Those two accounts are in your name, 15 correct? 16 17 18 19 20 21 22 23 24 25 A Yes, sir. Q I also see real estate listed being in joint names. Do you see that also -- Mr. Krafsig, refer to the first page. And where it says property owned, it says real estate jointly held, at the bottom right-hand side of the page, real estate and there is an X. A Okay. I am sorry. Q Is that the marital home? A Q Yes, sir. And that was recently deeded to yourself and 5 .'" , _, ~'_h"'1 ,,-/,,>0;,-,;-'...',,' o . 1 your wife as tenancy by the entireties, is that correct? 2 A Yes, sir. 3 Q And that was in accordance with Judge Hess' 4 prior order, is that correct? 5 6 7 8 9 10 A Yes, sir. Q Mr. Krafsig, do you own individually or with your wife or anybody else any stocks or bonds or other assets that are not reflected on this document? A No, sir. 11 correct? 12 13 14 15 16 17 18 19 20 sale? Q Now, the home is listed for sale, is that A Q A Q Yes, sir. And what is the listing price for that home? It is $1,895,000.00. And how long has that house been listed for A Q A Q Well, we started on June the 5th I believe. Have you had any offers? No offers as yet. Are you willing to reduce the price of the 21 home? 22 A It can be negotiable, of course. 23 Q Would you please refer to page three of the 24 exhibit you are holding, Mr. Krafsig, being the income and 25 expense statement? 6 , 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~,. .. ,- , ", '0'. '"~ "" ~--""" ;--,,,- ,-, ~,' ~e., o o 1 A Yes, sir. 2 Q And you will see on the left-hand side there 3 is a list of expenses, do you see that? A Yes, sir. Q And there is a mortgage under home, which is mortgage, of $2,736.00 a month. Is that the correct mortgage payment you are making? A Yes, sir. Q And do I understand correctly that consists of two separate mortgages? A That's right, sir. Q And could you tell the Court approximately how much you pay monthly on each mortgage? A The first mortgage is like $1,560.00, less a few cents, and the second mortgage is I think $1,126.00 and some odd cents too. Q So the combined payment is $2,736.00 a month? A Q That's right, sir. Could you advise us as to the approximate 21 balance on each of those mortgages? 22 A Well, the first mortgage I understand is 23 approximately about $50,000.00. And the second mortgage I 24 think is between eighty and ninety I would say. 25 Q How many years remain on the first mortgage? 7 ] 10 11 12 13 14 15 16 17 18 19 20 21 , ','- - ")'< I' -. ~"," "" <"", :,.:;';..; --,',"" - '.~ -, ':"'1..~;"" '.' -/ -w,: ~, o ~ 1 A Approximately four years. 2 Q And how many years of payment remain on the 3 second mortgage? 4 A I think about eight. 5 Q Mr. Krafsig, at prior proceedings you have 6 heard inquiries about refinancing mortgages? 7 A That's correct, sir. 8 Q Why haven't you attempted to refinance those 9 two mortgages? A Well, first of all, because of my age. Q What is your age, Mr. Krafsig? A I am seventy-one. And, secondly, because I really don't have the money to pursue something like that. And, thirdly, I don't think it would really be to my advantage, because there is more going against the principal than paying the interest. And I just don't feel that I could afford to do it in any event. Q So refinancing wouldn't necessarily be to obtain more money, it would be to extend your payments and lower them presumably? A That's correct. But to get a thirty year 22 mortgage, I would be a hundred and one years old, and I 23 don't know if they would even give me one. 24 Q Mr. Krafsig, I note that there is a listing 25 of oil for $460.00 a month. Are you on a budget program 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~I- -'~ '~"I' h -"', " ""'" o o for heat? A Yes. But that's incorrect. Last season I was paying 321, but now they have increased it to 503. Q Is that for eleven months or twelve months? A I would say for twelve months. Q And, again, I told you I was not going to go through every entry, which I am not. I would ask you to look at real estate taxes, listed at $620.00 a month. Is that a fair figure? A That's correct, sir. Q And real estate taxes are not included in your mortgage payment. They are not escrowed, is that correct? A No, sir. Q Are your real estate taxes current? A The first tax is. I paid the $1,920.00 and something I paid -- I think it was in June. But I have the big taxes pending. That's like Q Well, I will get into that later. A Okay. I think it was 5,500 and something. Q To summarize, Mr. Krafsig, on page one your 22 net taxable income annually is $53,724.00, is that correct? 23 24 A Q That's correct, sir. And your monthly net income would be 25 $4,477.00, is that correct? 9 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -,,-, ,J'", -"'-'-1'", , ~ ~'" ".~',-,"',- -, '"","~^,:'h '....... o o A Q A Q A That's correct, sir. And looking at page -- That includes the social security. Yes, it does. Yes, sir. 6 Q Looking at page three, with our itemization 7 of all your expenses, is it a fair statement to say that 8 your monthly expenses far exceed your income? A Q Without question. And to be fair, Mr. Krafsig, one of the expenses you have listed is APL at $1,200.00 a month. That's included in your monthly expenses, is that correct? A That's correct, sir. Q And that is on the bottom right-hand side of page three? A They garnished my retirement for that. Q Mr. Krafsig, I am going to ask you to pick up the other group of documents, the top page being the 2000 tax return? A This is 1999. This isn't the 2000. Q Then I gave you the wrong one. MR. BRADERMAN: Does Your Honor have the 2000 tax return? THE COURT: I have the 2000. 25 BY MR. BRADERMAN: 10 9 10 ,,' , "t_ _L ,,' ---" ~ ~, .'."'''''<i!jg'. o o 1 Q Mr. Krafsig, this is the last federal income 2 tax return that you filed? 3 4 A Q Yes, sir. And this was filed jointly with your wife 5 Pauline? 6 A That's correct. 7 Q Turning to the second page of the documents, 8 those are the so-called W-2 statements? A Q Yes, sir. For yourself and your wife? 11 MR. SHADE: For the record, I think they are 12 1099's, Your Honor. 13 MR. BRADERMAN: I stand corrected, Your 14 Honor. 15 BY MR. BRADERMAN: 16 17 18 19 20 21 22 23 24 25 Q Do they accurately reflect the income back in 2000? A Yes, sir. Q And turning to the next page, being the front page of your 2000 tax return, I see social security benefits listed under line 20A and 20B, is that correct? A That's correct, sir. Q Would it be fair to state that your income is approximately the same as it was in the year 2000 presently? 11 'I ' ",I", '^, "F o o 1 A Yes, sir. 2 Q I note, if you will turn to Schedule B, 3 being page four of your return, there is an itemization of 4 interest in there. Do you see that? 5 6 7 8 A Yes, sir. Q Allfirst Bank, whose account is that? is interest for Allfirst Bank. There A I am not sure if that's the new name for 9 Dauphin Deposit or not. 10 Q It is. 11 12 13 If it is, then that's Mrs. Krafsig's. And M & T Bank, that's your account? Yes, sir. A Q A 14 Q And you already referred to that account on 15 the first exhibit I showed you, on your income and expense 16 statement? 17 18 Yes, sir. A Q And then I see interest from PSECU for 19 $1,020.00? 20 21 22 23 That's correct, sir. Is that account still in existence? A Q A Q Yes, sir. And I noted on the first page of your income 24 and expense statement that it has presently the PSECU 25 account presently has a balance of $514.00, is that 12 ,~~-, ---, 6 7 8 9 10 11 12 ~ J _ " "'" "'1'_.'''_ ."'-, __'<';;<'~',A_-,;'_ -, .;;:::, o o 1 2 correct? A That's right, sir. 3 Q Do I assume correctly that during the year 4 2000 that you had a substantial amount of money in that 5 account? A I can't tell you exactly how much, but, I mean, it was more than I have now, that's for sure. Q If I told you, Mr. Krafsig, from the review of your records that at the end of December of 2000 you had approximately $18,000.00 in that account, would that be a correct statement? A Yes, sir. 13 Q And what has happened with that $18,000.00? 14 A Well, I have a lot of people who work for me 15 to complete the home, and it takes quite a bit. When you 16 have a plumbe~, for example, it is like $40.00 an hour. 17 And I have been, you know, trying to get the house 18 completed, so, you know, that we could sell it one day, but 19 that's where the money went. In fact, I had to cut back in 20 April-- 21 22 23 Q A Q Well, let me interrupt you, Mr. Krafsig. Oh, I am sorry. Is it your testimony that you have removed 24 that $18,000.00 from the PSECU account? 25 A No. I didn't take the money out. I just 13 2 3 " - - '.",<..~ ",', o o 1 used it to... Q A Did you take that money out and -- You are asking me if I took $18,000.00 out 4 period, no, sir -- 5 6 7 Q A Q Listen to my question. I am sorry. Did you withdraw that money at one time or 8 in specific amounts? 9 10 A Q Specific amounts. And when you withdrew the money, did you 11 deposit that in your checking account? 12 13 14 15 16 17 18 19 20 21 22 23 24 A Yes, sir. Q And would your present checking account reflect those deposits into your account? A Certainly. Q And at least up until the time that we supplied answers to interrogatories, you have given that information to Mrs. Krafsig's counsel -- answers to interrogatories? A Yes, sir. Q Showing your check register, deposits and checks written on it? A Q That's correct, sir. Mr. Krafsig, in this packet of materials, 25 being the first item after the last page of the tax return, 14 , ~~~ .~ '~,-. N ~ - '. 'I," -~, - , ,--, -- - - ,-< " -"""--'''''~' '-d "~" :i, o o 1 it is an item that says taxpayer copy being taxes, do you 2 see that? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A Q A Q A Q A Q school tax? A Yes, sir. Has that tax been paid? On June the 18th I paid it, sir. And how much was that? It was $1,900.38. Are they the county and the township taxes? Yes, sir. Please go to the next page. Is that the Yes, sir. Q And when is the school tax presently due? How much is it? A Well, if I would have paid it by September 1st, it would have been 5,396.59. Q That's good enough. Fine. Have you paid that tax, Mr. Krafsig? A Q No, sir. I can't afford to. Going to the next page, Mr. Krafsig, that 21 says Waypoint Bank, is that a successor to Harris Savings? 22 23 A Q Yes, sir. And what does that page saying Waypoint 24 Bank, what does that depict? 25 A That's my second mortgage. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 , ,,',j " ,',- -,' '-t '. "J. 1__:'-. , ,'" :"~'~', Po' ,,,-~ ,>'---~ > :~ I o o Q And it shows your monthly payment is how much? $1,076.79. Going to the next page, it says -- MR. SHADE: Your Honor, that's not how my exhibit appears. A Q I am sorry. Excuse me, Your Honor. BY MR. BRADERMAN: Q Going to the next page, Mr. Krafsig, does that accurately reflect the payment for the first mortgage? A Q A Q A Q Yes, sir. And how much is that a month? $1,559.94. Are you current with both those payments? Yes, sir, I am, sir. Next page, Mr. Krafsig, same PSECU, what does that depict? A That's to Pennsylvania Employees Credit Union -- State Employees Credit Union. Q Now, do you have any direct deposits? A Yes, I do. My monthly pension goes into 22 that account. 23 Q And would that be the $3,500.00 listed? 24 What would that be? It says check dispersed. 25 A That thirty-five is what I had withdrew to 16 ,. ,I -~ " " '- I ;, " ,_-__~o,.~,,',.;,__'"'~ ," -, ,'. , o . 1 pay the mortgages with and some other items that I had due. 2 Q Okay. Next page, Mr. Krafsig. We will go 3 through these very quickly. Same, M & T Bank? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 account? A Q Yes, sir. What is that, is that your present checking A Q That's correct, sir. And you say your current balance is approximately that, but $25.00 less? A No. It is $308.00. Q Next document, Mr. Krafsig. You had mentioned that your budget amount for oil is 503 a month? A That's my new budget, right. And if you notice for August and September I haven't been able to pay to start it even. feet. Q A How many square feet in the home? There is a total actually of 1,600 square Q A 1,600 or -- 16,000 square feet. 21 Q The next item, Mr. Krafsig, to expedite it, 22 that is a service contract with the oil people, is that 23 correct? 24 25 A Q That's correct. For the two furnaces. There is an invoice from Blizzard's Plumbing 17 7 8 9 10 11 12 13 14 15 16 17 18 19 <'-""-'1' J". ;'1-">"--0-'-" ,--;-- -, , '"~-.-"' -<i "'" o o 1 & Heating in June of this year. Have you paid that? 2 A No, I haven't, sir. In fact, this gentleman 3 called me on Friday wanting to know when I was going to pay 4 this, because the service was began in the beginning of 5 May. And I told him that, you know, I was coming before 6 the court today, and I would get back to him. Q I just gave that as an example of an invoice you c3n't pay, Mr. Krafsig. Do you have other items of maintenance or ongoing expenses, such as the sewer, rental, and that type of thing? A Oh, definitely. With the well, you know, my well is very deep. And I have that expense as well as my water softener plus, you know, lawn maintenance, which I can't afford to do now. I had to discontinue that. Q Who mows the grass? A Well, myself and some of my friends have been helping me, because I have the house up for sale and I have to keep it looking at least decently. Q Next item 20 A May I add something? That I really 21 shouldn't be doing that because I have been battling skin 22 cancer for years. And I also, about three years ago, 23 developed a nerve disorder in my feet. And I am having 24 difficulty, great difficulty now, because of the pain and 25 everything. So I really shouldn't be doing this, but I 18 ~, . c - ~ ,; I " ,--~ ' ~ <-- , '" '~-- '-..L~j; o o 1 don't have any other choice. 2 Q The next item is a declaration page. Could 3 you identify what that is? 4 A Yes. That's the fire insurance for Mr. and 5 Mrs. Krafsig. 6 Q That's fire and liability insurance? 7 A Yes. 8 9 10 11 12 Q On the home? A That's correct. Q And what's the annual premium? A $2,452.00. Q And the last page in the packet of 13 materials, Mr. Krafsig, is what? 14 A It is for my automobile insurance. 15 16 17 18 19 20 21 22 23 24 25 Q And that is how much? A That's $404.00 a year. And I am paying that on installment payments. Q What kind of vehicle do you drive, Mr. Krafsig? A It is a 1985 Buick Regal. I have 106,000 miles on it. Q Recently, Mr. Krafsig, I had sent you a copy of a letter from Mr. Shade, your wife's attorney, and also enclosing an invoice. I think Mr. Shade will be talking about it later, an invoice or an estimate for crowns and a 19 ,.f - ,,'~ ' ,.) ~' I", "',~ t - ~', -" ;:,;;;~_,,,,,:-:,_,,: v "' ""',,, o .. "" 1 bridge for your wife for $2,880.00. And that was an 2 estimate only, correct? 3 A I understand it to be that way, sir. 4 Q Can you afford to contribute or pay any of 5 that? 6 A I don't have any money to pay anything with. 7 I am barely, barely making it. And I am not going to be 8 able to make it, you know, if it goes on beyond another 9 month. 10 Q You are under oath, Mr. Krafsig. Other than 11 the moneys listed in your income and expense statement, do 12 you have any other moneys? 13 A I have reported everything I have here. I 14 have nothing but what you see there. 15 Q Very briefly. Certainly on your limited 16 income and your wife's limited income, especially since 17 retirement, you have been able to make substantial 18 improvements to the home, whereby you have hopefully a home 19 worth over a million dollars, is that correct? 20 A Yes, sir. 21 Q And other than your salaries and 22 retirements, is it not true that over the years that there 23 have been other sources of income? You have received lump 24 sum amounts? 25 A Oh, yes, from... 20 ~ 1 , -1,".1 , ~ ~ " < t~' 'I ,'d..',.,-<,' ' "- ~--.;~ ,'--- , ,<i-,! o o Q Okay. And those sources are no longer 2 available, are they? 3 4 A No, sir. Q For example, Mr. Krafsig, in 1988 did you 5 receive $88,000.00? 6 7 8 A Yes, sir. Q And why did you receive $88,000.00? A That was a settlement on a suit that I had 9 with the workmen's compo 10 11 12 Q That was a worker's compensation payoff? A That's correct, sir. Q When you retired in 1991 did you withdraw 13 any lump sum amounts from your retirement account? 14 15 16 17 18 19 20 she not? 21 22 23 much? 24 A Yes, sir, I did. Q And how much did you withdraw? A Well, I withdrew Q Approximately? A Approximately, over 60,000. Q And your wife retired at the same time, did A Yes, sir. Q And she withdrew from her retirement how A Well, I know it was thirty some thousand 25 dollars. I don't just remember -- 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first -- ~__1 ," - ~ ", ", ''''~' .'~ - '-' ~'~"'I' .h;" 'c ~'(, _ < '" ~.' " :',~'" '~'" o o Q Does $38,000.00 sound about right? A That sounds correct, yes. Q And at the time you retired, after you had so many years in, did the Commonwealth also pay you for your vacation -- unused vacation and sick leave? that? A Yes, they did, sir. Q And how much did you receive on that? A I got over $22,000.00. Q And did your wife receive any money for A Yes, she did. Q But we don't know how much? A I don't recall how much, but it might have been anywhere between eight to 12,000. I am just guessing though. Q And at one time, subsequent to your retirement, you did refinance on the mortgages or on one mortgage, and you received some extra money to do improvements to the home at that time, is that correct? A An additional like 35,100 I believe it was. Q I haven't added up all these sums. Where did this money go? A It went into the home or on -- Q Did it go into like the PSECU account 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 _J I I,. '~, , , I ~~" ,', ~ ,< -,"-- ," .,' ""',;1."_ ;,' '.' - ',- o o A Oh, yeah, definitely -- Q And then you drew from that? A Or the bank, either one. Q Did you get interest on those moneys? A Yes, sir. Q Mr. Krafsig, what is the state of your health? A Well, I am not really that well. I have a lot of problems with my blood pressure for one thing. But I have been battling skin cancer. I just recently had another one I have had a melanoma. And I don't know what my future lies ahead for me. Q Do you take any medications? A Yes, sir, I do, sir. I take two blood 15 pressure medicines. And I take 16 17 18 19 20 21 22 23 24 25 Q What are they? A One is Inderal, one is Hytrin, and the other one is... Q That's the two blood pressure medications. Do you take medicine for anything else? A One that lowers your cholesterol, what's that one that's on the market? Q A Q Lipitor? Lipitor, yes. Are these prescriptions paid for through any 23 . < '" 't< ,1,. '.-- '"' j,c, "~ I, .'__ --",..",'. ',,- '-, ,"'< '. ",,> ":',~"c -rl, o .,. V 1 insurance program? 2 A Well, we get a $7.00 rebate from the State, 3 but that don't cover, you know, only when they are generics 4 that you get it for seven. You have to pay -- I think 5 Hytrin alone costs me like thirty some dollars for a one 6 month supply. 7 Q So, Mr. Krafsig, on the income and expense 8 statement, we have estimated your monthly prescription 9 costs at $60.00, is that net cost to you? 10 A Well, it don't always stay at that. 11 Sometimes it is more, but, you know, that's the amount that 12 it costs me. I have been trying to take it every other day 13 to make it extend a little further. And I shouldn't be 14 doing that, but I am, because I have no other choice. 15 Q When you go to the doctor, is that paid for 16 by insurance? 17 A Yes, sir. 18 Q It is? 19 A In not all instances. You have that $100.00 20 deductible that you have got to pay. Then you run into 21 some occasions that you have to pay, you know. But that's 22 not excessive. 23 Q Mr. Krafsig, if you pay the mortgage -- the 24 mortgages, and you pay the taxes on the home on a regular 25 monthly basis, do you have any money left over for food or 24 ,- ,'"1,,' ~," '",' ,.',',-' , '~ o A V 1 maintenance for yourself? 2 A You have to be kidding me. No, there is 3 nothing, nothing. 4 Q When you and Mrs. Krafsig lived together in 5 that home, your combined net income was about $6,000.00 a 6 month, is that correct? 7 8 9 10 A Yes -- Q Is that correct? A Yes, sir. Q And without consideration of those other 11 funds that you deposited in the PSECU account over the 12 years, was $6,000.00 a month enough to take care of all of 13 these expenses? 14 15 A You said without the others, yes. Q And Mrs. Krafsig willingly contributed her 16 retirement income to the family household, did she not? 17 18 A Yes, she did, sir. Q And you deposited your money into the 19 household expenses also? 20 21 A That's correct. Q Do you want to stay in the house, Mr. 22 Krafsig, until it is sold? 23 24 A Until it is sold. Q And why do you want to stay in the house 25 until it is sold? 25 J~ , ~ ~:" ,,' I '-" '"_0 ;..''''-~' '" ,''-0,' ""'-'~"-' o o 1 A Well, to protect the asset. That's all I 2 have. I worked forty-eight and a half years one job and 3 twenty-five and a half years three other jobs. This is my 4 whole life. 5 Q Now, your mother resides there too, does she 6 not? 7 8 9 A Q A Yes, sir. How old is your mother? She will be ninety-two November the 7th. 10 Q And she doesn't contribute, does she, to the 11 household expenses? 12 A Not really. She helps like if she wants 13 something from the store or things that, you know, her 14 personal things, you know, she pays for that. But I don't 15 charge her no board or anything like that. 16 Q And your mother living there is not unusual 17 because Pauline's mother lived there for a period of time 18 also, did she not? 19 A I took care of her mother for nine years and 20 never charged her a nickel. I also took care of her sister 21 when she left home and she had nowhere to go. I also took 22 care of her and never charged her a nickel either. 23 Q So to summarize, Mr. Krafsig, with your 24 obligation to pay Mrs. Krafsig $1,200.00 a month, something 25 has to suffer, is that correct? 26 . ~ " i1~~ ~ _I ,00 ',-,-,1" o o 1 A That's correct. I just can't do it and pay 2 her that and protect the marital asset. There is just no 3 way I will be able to do it. 4 MR. BRADERMAN: Cross-examine. 5 CROSS-EXAMINATION 6 BY MR. SHADE: 7 Q Do you agree that your wife, the plaintiff 8 in this case, was born on September 30th, 1934, and 9 10 is what does that do for us -- sixty-six years of age? A Yes. Next week I think is -- 11 Q Right. And you have indicated your age is 12 seventy-one. You were born on May 6th, 1930, sir? 13 A That's right, sir. 14 Q And isn't it true that you and your wife 15 16 17 18 19 20 21 22 23 24 25 were married on June 8, 1957? A I think that's correct. Q Has this been the only marriage for both of you? A Yes, sir. Q And have you and your wife been married continuously from June 8th, 1957, to the present time? A What do you mean by continuous, sir? Q You have never been divorced or remarried? A Q No. Right? 27 ,<--",,,..,.. '-" "';''',"" 7 8 9 10 11 12 13 J' ,I~,' , I ", c' ~", " - ,,,",,I ',j"o ". '--, ~:,' --" " ,'.', "--',,"- ;.., ~! o I) 1 A No. 2 Q Now, you stated here moments ago that this 3 house is your whole life. Isn't it true that in response 4 to your counsel's question in the hearing on special relief 5 in this court on July 27, 2001, that you stated that the 6 marital dwelling was your life's dream? A Well, it was a dream. And, also, it became a reality. Q And isn't it true that you stated in that same cross-examination that you thought that it would take a special buyer in order to enable you to be successful in selling this property? A Yes. I said that, because it will. And it 14 is going to take someone -- and I am going to probably have 15 to be part of it, because there is a lot of work that's 16 undone. I drew the plans and everything. So I know more 17 about it than anyone else. 18 Q Isn't it true that you stated in that same 19 cross-examination that you think that it will take quite 20 awhile to sell the marital dwelling? 21 A Well, you never know that, sir, you know, it 22 depends. I have had a couple look at it who have the 23 money. And so I don't know whether they will make a 24 decision to take it or not. So you don't know from one day 25 to the next. 28 ", 1 2 3 4 5 6 7 8 9 1',-1 "'_.I _,,' - '~~:'-I ,-., ,~~ (, -,~,", ,,< ;,,' . .f ' -""." o (J Q Isn't it true that that is what you stated then, sir? A I stated it because I wasn't involved in it as much as I am now. Q Other than these two mortgages that you have testified to, isn't it true that there are no other liens against the marital residence? A Not that I know of, sir. Have you made any attempts at all to look Q 10 into refinancing the marital dwelling? 11 A Not at this point, because I don't feel that 12 it really is to my advantage. Plus, like I said to you 13 previously, I don't have the money to do it. 14 Q Well, how can you sit there and say that you 15 don't have the money to do it when you haven't even asked 16 anybody how much money it will take? 17 A Because I have been through are-mortgage 18 already, and I have that experience. 19 Q Well, now, you say that you don't think it 20 would be to your advantage to do it, by that isn't it true 21 that you mean that you don't want to get into a situation 22 where you are paying less per month on principal than you 23 are now? That's what you mean when you say that, isn't it? 24 A Well, that and the fact that at my age I, 25 you know, I was hoping I could live to at least see the 29 J ,1';"'__1, ' """- .i..1_ ; 0' - ", ,~.L ^,' '<,' ,'-J'~' ':;"'., , ""iiflil:!\;Lt.,,' o AlIa.,.., " 1 house get paid for and not have to re-mortgage at a higher 2 interest rate and... 3 Q Well, you have already said that you can't 4 afford to pay the two mortgages that are in existence now, 5 haven't you? Isn't that what you said today? 6 A I am having a difficult time I said. You 7 hear that I did pay it for October. 8 Q Well, since you haven't checked with anybody 9 about refinancing this house 10 A I said not as yet. 11 Q Isn't it true that nobody has obviously told 12 you that you could not refinance it because of your age, 13 have they? 14 A I haven't inquired, like I told you, at this 15 point. 16 Q Are you suggesting to us today that you 17 would rather not take medication that you need for your 18 health than to even look into what it would take to 19 refinance this house? 20 A Yes. I am saying that, but I have been 21 taking my medication every other day. And I think your 22 client will vouch, you know, about how she has, you know, 23 lived with me that many years. She knows how I am about 24 medicine. And, yes, I have been taking it every other day, 25 but not with the doctor's okay. I have just been doing it, 30 " . , ",j ~ ,',l"'; ~ <' _ 'k__ '" ' "~ .i.-~,,',,', ""+, , ,)'",,, ~ ,'. :'J'.~,'--~,-"~:' - ~,,' '- - f--'~:; o .,..... v 1 because I just don't have the money to pursue, you know, to 2 keep getting it. 3 Q You said that you didn't want to refinance 4 the house because you didn't want to be 101 years old when 5 the thirty year mortgage will be paid off, but, obviously, 6 the mortgage will get paid off when it gets sold. Do you 7 understand that concept? 8 A Well, may I ask you something? Q No, sir. Please, answer my question. A Repeat it again, please. Q Well, you have said that one of the reasons, 9 10 11 12 as I understand it, that you don't want to even look into 13 refinancing this house is because you don't want to be 14 paying on a mortgage until you are 101 years old. And I am 15 asking you don't you acknowledge that if this house gets 16 sold, and if you are serious about wanting to go sell this 17 house, that when it is sold the mortgage will be paid off 18 completely? Do you understand that? 19 A I understand that, yes. But I didn't say 20 that. 21 Q What did you say, sir? 22 A I said that I am trying to -- I am waiting 23 for somebody to come by and maybe get an offer. And if it 24 is a reasonable offer, then I will clear it with Mrs. 25 Krafsig. And we will sell it, and that will be it. But to 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . ,1 ',,1 I; 'I.. ~ ,~,L-".__ >, ;, ",,', ';:,.,.0.,;l -c:' b',k." ',' '~','c _,., ",_ o o go ahead and to re-mortgage, I just don't feel that I can do that. Q It is just something you don't want to do, isn't it? A No. It is not something I don't want to do, sir. I said to you that I would look into it, and I intend to do that. Q Well, wait a minute. We have been asking you to look into it now for months, haven't we? A Well, you are not, you know, I didn't know you were an authority on the financial basis. I will look into it if I, you know, when the time comes. I will do that. Q Well, isn't it true that since July we have expressly, orally and in writing asked you to look into it? A Well, you have been trying to tell me to do that. You have wrote in a letter. And you also brought it up at the Domestic Relations hearing. But you have to understand something, sir, you know, I didn't get where I am today by listening to you. Q Now, you indicated on direct examination that you are willing to reduce the price of the house for 23 its sale, do you remember that? 24 A I said it is negotiable, yes, sir. 25 Q How much would you be willing to reduce it 32 , j r"1 ~L.."{ i, __61,. _ ~', ,,"0" "','e _,",,' 0" o " 1 to? 2 A I can't tell you that, sir. It would depend 3 on what offer is made. And then I will have to make that 4 decision. I mean, I am not going to give it away. I mean, 5 it is our joint assets what, you know, both of us will 6 survive on. 7 Q Your income and expense statement, 8 Defendant's Exhibit 1, sir, the second -- excuse me, the 9 last page of that, sir. Would you consult that, please, 10 page three. Do you see where it says mortgage/rent $100.00 11 a month? 12 13 14 A Q Yeah. What is that? MR. BRADERMAN: Your Honor, if I may 15 explain. They are in the wrong -- when it was typed -- the 16 mortgage is 2736 -- 17 MR. SHADE: I am satisfied -- 18 MR. BRADERMAN: $100.00 a month should be 19 maintenance, Your Honor. I apologize. 20 MR. SHADE: I am satisfied with that. 21 MR. BRADERMAN: I apologize. 22 BY MR. SHADE: 23 Q Going back to this mortgage issue, sir. 24 Have you ever heard the term viatical mortgage? 25 A No, sir. 33 1 2 3 4 5 6 7 8 9 10 11 ,"I --t" L ~~ ~ A_ ~. .:~~'~ o o Q Well, if there were a concept by which you could actually borrow the major portion of the equity of that house or at least what you needed from it, as a retired person would you have any interest in that concept? A Well, without having any knowledge of it, I think it would be hard for me to answer for you, because I don't really know what advantage it would be for me. Q Did Jon Donmoyer have financial problems between 1996 and 2001? A Q Yes, sir. He ran into bankruptcy. What was the nature of his problems? What 12 put him in bankruptcy? 13 A Well, like any young person, I guess he got 14 in over his head. 15 16 17 18 19 20 21 22 23 24 25 Q In what details? Where did he put his money? A I don't know all the details, so... Q But you know he declared bankruptcy? A I know he declared bankruptcy, that's right. Q When did he do that? MR. BRADERMAN: Your Honor, just an objection. I understand this is a de novo hearing. But I don't recall any direct testimony with regard to a Jon Donmoyer, so I don't know THE COURT: I don't even know who he is or 34 ,. ,1 < -' -"", i-.. ;. --""'=-1" ^,~, ,j. ~~ ".:" ,Yi>.. ""t-<~""'" '.' ';.l- o " 1 why this is at all important to this. 2 MR. SHADE: This is part of the reason why 3 it gets a little awkward when he took the stand first. If 4 we would have gone first, we would have established that 5 Jon Donmoyer is Mr. Krafsig's homosexual lover. And that 6 in the discovery -- 7 8 MR. BRADERMAN: Objection. MR. SHADE: In the discovery that we have 9 been given already involving the check ledgers of Mr. 10 Krafsig, to which we never had access before, between 11 1996 -- between January 1, 1996, and May of this year, Mr. 12 Krafsig gave Mr. Donmoyer more than $20,000.00. 13 THE COURT: Well, why don't you just ask him 14 whether that's true, and then we will move on. Either he 15 gave that much money to this individual, and I frankly 16 don't care what the reason is 17 MR. BRADERMAN: Your Honor -- 18 THE COURT: Or he didn't give the money 19 MR. BRADERMAN: And that's a scurrilous 20 remark about it being a homosexual partner. That's not 21 true, Your Honor. 22 THE COURT: He hasn't made any comment about 23 that, and he has not been asked to. 24 BY MR. SHADE: 25 Q Isn't it true that from January 1, 1996, 35 - , -',~, l; I, , ,I ' = - '-','"", ',a', '-I ~,~' ,',j' --. -' .- '~;-~';",:, ' < ~ "'- o A \I 1 through at least May of this year that you gave Jon 2 Donmoyer more than $20,000.00 in checks, payable to him, as 3 well as wire transfers from the checking account about 4 which you have testified here today? 5 A Yeah, the way you are putting it. What I 6 have done, that money that I gave Mr. Donmoyer was for tile 7 work that he had done. There was one occasion where I was 8 supposed to go out to St. Louis, and I wire transferred him 9 money so he could pay for the flight for me and my lodging, 10 because he had a one bedroom apartment, and I didn't want 11 to stay there. 12 I was going to stay down in what they call I 13 think the Train Station. And I couldn't go, I had to have 14 some surgery, and I couldn't go. And so I got the majority 15 of that money back. But any of the other money was used 16 towards mostly for the tile. I did help him with some 17 other things when, you know, the boy had no money, but it 18 didn't total that. 19 I also want to point out the fact that he 20 did that on the condition that it would be a loan unless he 21 could do some of the tile work. Now, maybe Mrs. Krafsig is 22 not versed in this enough or you yourself, but the home of 23 my caliber you have to have tile work done in your home. 24 And that young man has put down over 3,000 square feet of 25 tile to this point. And if you check for just floor 36 "' " .:.. ,~'," ; '," , - ',,', ;,,' -' -' '., ,,~,,~ ,-' - "', , h' o o 1 tiling, what it costs, anywhere from six to $9.00 a square 2 foot, you are talking about $21,000.00. And there is no 3 way that I have compensated Jon for $21,000.00. And I 4 resent that, for you even to imply something -- without 5 asking me first what that money was spent on. 6 And when we took our trip to see the ball 7 game, I asked Mrs. Krafsig specifically if that would be 8 okay. And she said that being I was never away from that 9 house in twenty-five years that I deserve that. And now it 10 seems very difficult for me to see that being thrown in my 11 face, when some of that money that Jon had was I advanced 12 him so he could get paid for the tickets and for the 13 lodging and things like that. And that was a reward for 14 what he had done, and Mrs. Krafsig knows that. 15 Q Mr. Krafsig 16 A But don't say to me that I gave him 17 $20,000.00 like it was given to him. That's not true 18 whatsoever. 19 Q When did Mr. Donmoyer start laying tile in 20 the marital dwelling? 21 22 A Q Three, four years ago. And isn't it true that at the time he 23 started laying tile he had no experience in how to do that 24 at all? 25 A I wouldn't say that, sir, because he did 37 - ,I '1,....:,,1, _Co, ' <, , " - ,~, "I" ~,.-" , ,,-',,,"'Ni ,- o o 1 some work when he lived in Virginia. He did his own 2 bathroom, a beautiful job. He did his mother and dad's 3 place, their bathroom as well. And he does a very nice 4 job. 5 In fact, if I may, Your Honor, I have a 6 picture here that I could show you of the work that he has 7 done. I have it in my briefcase. May I get it, sir? 8 MR. SHADE: That really doesn't go -- 9 THE WITNESS: Well, I think it is important, 10 Your Honor -- 11 THE COURT: Move onto some other line. This 12 is bogging down. He says he makes so much money. He can't 13 afford to pay your client alimony. Now, I assume that you 14 are going to argue contrary-wise. It doesn't take me that 15 long to get a handle on these issues. 16 MR. SHADE: Well, this is the evidence to 17 develop that, Your Honor. 18 BY MR. SHADE: 19 Q Isn't it true that you also paid Jon 20 Dunmoyer's student loans? 21 A Yes. That was our agreement. He had no 22 health insurance. This is what his payment was. He had no 23 health insurance, and I offered to do that because I wanted 24 him to have it, because, you know, I couldn't let the boy 25 go with no health insurance. And I paid his automobile 38 ~ I , . "- :',,^ ~-'"I- ,'~'__r ;;"~,-~",,,b -,,',~," ; <--I;'l"', o .., v 1 insurance and 2 MR. SHADE: Excuse me, Your Honor, part of 3 the reason this drags on is because he rambles. I ask a 4 direct question and then he goes off -- 5 THE COURT: We will take a break. Cool 6 down, reassemble. We will take a break. 7 MR. SHADE: Thank you, Your Honor. 8 (Whereupon, a recess was taken.) 9 AFTER RECESS 10 THE COURT: I agree with Mr. Shade, that we 11 need to keep the answers a little more succinct than they 12 have been. And we must move this testimony along. Go 13 ahead. 14 MR. SHADE: With all due respect, Your 15 Honor, I will try to be brief. But I beg leave for just a 16 few more questions about Jon Donmoyer. 17 THE COURT: Sure. 18 BY MR. SHADE: 19 Q Isn't it true that Jon Donmoyer has a 20 bedroom at the marital dwelling? 21 A Jon stays in one of the guest rooms only 22 when he is working there. He does not live there. 23 Q Does he have his own apartment? 24 A He lives with his mother and dad. 25 Q Where is that? 39 ;~ . ..,"' L",;;L " Ie , "-'--; 'I- ~ ,~, -- .'C^""" ';~t: o Ct 1 A That's in Annville, Pennsylvania. It is 2 twenty-five miles from here. When he is doing work, he 3 stays overnight so he don't have to travel back and forth 4 to do that. 5 Q Mr. Krafsig, I am handing you documents 6 marked for identification as Plaintiff's Exhibits 9 and 10. 7 And I would ask you first to take a look at No.9, sir? 8 A Yes. 9 Q And ask you if that is an accurate copy of a 10 page of your checking account register covering the latter 11 half of 1998? 12 A Yes. 13 Q Do you see where it makes reference to new 14 banking arrangement, about the third or fourth line from 15 16 17 the bottom? A Q I see that. What does that mean? Can you read that for 18 us, please? 19 A It says new banking arrangement, 20 Pennsylvania National to Financial Trust. The bank merged 21 and changed names. 22 Q Okay. That's all I want to know. And isn't 23 it true that the next line below that refers to wire 24 transferred to Jon Donmoyer of more than $2,000.00? 25 A That's correct. That was also in '98. And 40 .. 1 ~'r ~__' .J , " I~ '~ ''', -"" c o 1 that's when I was going to go out to St. Louis. And I got 2 that money back, all but the full flight fare. 3 Q Isn't it true that in October of 2000 you 4 started writing checks on this same checking account for 5 cash? 6 7 occasionally 8 9 10 A Well, because I need the money Q Excuse me, sir. Is the answer yes or no? A Yes. Q Okay. And isn't it also true that you never 11 wrote any checks for cash against that account between 12 January 1, 1996, and the check that you wrote for cash on 13 October 12, 2000? 14 MR. BRADERMAN: Before he answers, maybe he 15 should look at all the check registers that we forwarded to 16 you. 17 BY MR. SHADE: 18 19 20 BY MR. SHADE: 21 Q Do you have any recollection -- MR. BRADERMAN: To refresh his recollection. Q Do you have any recollection of having 22 written any checks for cash out of this checking account 23 between January 1, 1996 and October 12 of 2000? 24 A I can't answer that without looking at the 25 checkbooks, because I, you know, need cash occasionally. 41 , ~. "'"~ 1 2 3 4 5 6 ',P.' ,I, ,_ ; 'I~ ,-, " - "_'~ _..; :,\'1-' "'" '" h fl- o o Q Before you started writing checks for cash or before you wrote checks for cash in October of 2000 against this checking account, how did you get cash when you needed it? A Well, when I would get my checks, I would get them cashed. Like my social security, whatever, I 7 would take money from there and keep it as cash. But 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 everyone runs short, you know, when you are going to the store, you are doing this and that. You don't have credit cards, do you? I don't believe in credit cards, sir. What is your mother's first name? Martha. Is her last name Krafsig? Yes, sir. Q A Q A Q A Q A Q employee? A Q How long has she lived with you? July was five years. Isn't it true that she is a retired State That's correct. And isn't it true that as a result of that she receives a monthly pension check? A She gets a small pension. She retired about thirty years ago. Q How much is her monthly pension check? 42 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .' I '-I - ( ~ , ',,~,I '<' - , '.;' ' ":'~i";;,, "~'';'' <_", " - o o 1 A I can't tell you that, sir. I don't know 2 just what it is totally. Q Well, how many years service did she have with the Commonwealth? A I can't tell you that either. I don't remember. I think she was about sixty-three years of age when she retired if I remember. Q And she worked there from the time she was like right out of high school? A Oh, no. She went to work to put my brother through college. I don't remember when that was. Q And are you saying you do not know how much she receives in social security either? A What I am saying is I am not sure what it is. Q Well, let me ask you this. Do you have a 17 power of attorney from your mother? 18 19 20 A Q A Certainly. You manage her affairs, don't you? She handles her own affairs. I want to tell 21 you, my mother might be ninety-two years old, but there is 22 nothing the matter with her brain. 23 Q Well, now, you testified here on direct 24 examination that you have no other assets than what you 25 testified to up until now. Isn't it true that you have 43 9 10 , ~ ~, ,.. ,-;;,:., " ,'. , I~ o"l~ C' ~ , - ,"s"'- o CD 1 various certificates of deposit held in joint names with 2 yourself and your mother? 3 A That's only to protect the part of -- 4 Q Excuse me, sir. Isn't it true that you have 5 various certificates of deposit held in joint names with 6 yourself and your mother? 7 A Yes. It is in my mother's name though. It 8 is not in mine. Q A Oh, you are not a joint owner on the CD? Well, I am on it. You put your name on it, 11 but she is the one that pays the tax and everything on that 12 money. That's her money, not mine. 13 14 15 16 17 18 19 20 21 22 23 24 Q Does she receive interest checks from those accounts? A Yes. She has interest checks. Q How much? A I can't tell you that. I am not certain just exactly what it is. Q How long have you had a power of attorney for your mother? A I am guessing, but I would say about ten years maybe. I am not even sure if it is that. It might be just five. Q Within the last five years isn't it true 25 that your mother's house was sold? 44 1 2 3 4 165,000 maybe. 5 6 _f < ',,-,.; 0' '", " ,',,,;, '],'~;fi.: "'.~ ~;, ,', ,'; -' '~"'- o . A Q A Yes, sir. And how much was realized from that sale? It was 160,000 some thousand, I don't know, Q And where did that money go? MR. BRADERMAN: Your Honor, I am going to 7 object at this point. His mother's money is not relevant 8 to the issue at hand. 9 THE COURT: Well, it could or couldn't be. 10 If she was a millionaire and wasn't paying rent, I would 11 raise my eyebrows at that. 12 THE WITNESS: Well, she is not a 13 millionaire, sir. 14 THE COURT: Well, I don't know since you 15 haven't answered the question. 16 BY MR. SHADE: 17 18 19 20 them also? Q A Q Where did that money go? She put it in I think three certificates. And those are the ones with your names on 21 A Yes. That money is there to take care of 22 her. My mother is as close to an invalid as you can see. 23 She can barely walk. She is bent in two with osteoporosis. 24 And the outlook for her future -- plus she is almost 25 at -- she is going to have to go in a nursing home. And 45 \"-'- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . J'. - ,; I,,,.,, "" ". -,,"'"' w, ""'__~-'- ",,,;;--,,,~ ., ".:.(i>hi o . that's what that money is in there for. And, you know, that's what I am hoping it is going to be used for, to take care of her if she needs it. Q Isn't it true that you borrowed money from your mother within the last five years? A Borrowed money, maybe you could be more specific when you are saying borrow. Q Have you borrowed any money from your mother within the last five years? A I have but very minimal -- I mean, a very small amount of money. Q What do you call a very small amount? A Oh, I can't tell you that. I just -- I don't remember everything. Q The bottom line is whenever you need any money that your mother has, that's in joint names with yourself and your mother, you have access to it, don't you? A I wouldn't do that. My mother would have to authorize that. I wouldn't even think of doing something like that. I don't like you to even insinuate such a thing. Q But all you have to do is ask, isn't that true? A Like any mother, I would ask, but I have a 25 little more pride than that, sir. I didn't ask Mrs. 46 ~,~-,--.: 9 10 , ,<,j.. -1\:,,,-,- -I "' "_,'c' , '_', ".' "OnL,,' .r.,ii;,:,,: o o 1 Krafsig's mother for anything when she was there. And she 2 knows that. 3 MR. SHADE: Nothing further. 4 REDIRECT EXAMINATION 5 BY MR. BRADERMAN: 6 Q Mr. Krafsig, have you taken any of your 7 money or your wife's money and invested it in a joint 8 account with your mother? A Q No. So these joint accounts are strictly your 11 mother's money? 12 A Her money, yes, right. And the only reason 13 she put my name on is because of the age and you know 14 what's happening at this stage in life. I never, until my 15 mother came with me, I never even asked my mother how much 16 money she had or anything. And I don't care how much money 17 she has. That's her money. 18 19 20 21 22 23 24 Q Mr. Krafsig, you were asked whether there are any liens against the real estate and you answered no. A I said I don't know that for sure. Q There has been a lis pendens filed against the house by your wife? A Yes, sir. MR. BRADERMAN: Your Honor, I move for 25 admission of Defendant's Exhibit 1 and 2. 47 .J'~~ -'" 4.1, I," ,i " "- '"~-- ."",<10 -,-,,-:'~>'''',-,,;'i--'' "'''-'~''~'", 0,',' , ~ . 1 MR. SHADE: No objection, Your Honor. 2 THE COURT: They are admitted. 3 MR. SHADE: I have no further questions of 4 this witness, Your Honor. 5 THE WITNESS: Your Honor, I would like you 6 to have that. That's a picture of the real estate put up 7 on the house. I just thought it might be of interest to 8 you to see what I am going to lose. 9 MR. SHADE: Have you rested? 10 MR. BRADERMAN: Yes. 11 MR. SHADE: Mrs. Krafsig. 12 Whereupon, PAULINE D. KRAFSIG, having 13 been duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MR. SHADE: 16 Q State your name, please? 17 A Pauline Krafsig. 18 Q Did you leave the marital dwelling on May 7, 19 2001? 20 A I did. 21 Q Does your husband know where you are living 22 now? 23 A No. 24 Q Do you want to keep it that way for now? 25 A Yes. 48 1 2 3 4 5 6 7 8 9 10 do you? 11 12 -, "I ;'-, ,......,1: "'.&__1, "' .\..'," "" ,,~,',' , :i :'_':;;_;~' ',,-, '__"~,I ,--",,',\ he' ,,~, o . Q Are you satisfied to have any communications concerning this case addressed to my office? A Yes. Q You have in front of you a document marked for identification as Plaintiff's Exhibit 1. And I will ask you if that is an accurate copy of your income and expense statement? A Q Yes. You do not receive your own social security, A Q No, I don't. Why is it that your husband receives social 13 security but you do not? 14 A When I started with the State they hadn't 15 adopted social security yet. And when they did, they had a 16 representative working at the Liquor Board, where we were 17 employed, counsel us and tell us that because my husband's 18 income was greater, it would be useless for me to have 19 social security deducted from my paycheck. So I never 20 elected to have it taken out. 21 Q And did your husband have any problem with 22 that? 23 24 A Q No. Are some of the expenses shown on 25 Plaintiff's Exhibit 1 estimated? 49 I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ ,,[ ,l,_ ,,;) -;,;,_;";;;-.,/,, -,'C_,_ ,,', ,."" o o A Q Yes. For example, is your rent presently $700.00 a month? A No. It is not. Q The apartment that you were renting, did it have air conditioning? A No. Q Does the nearly two million dollar marital dwelling have air conditioning? A Central air, yes. There is several air conditioners, but it has central air. Q Did your husband raise questions in the Domestic Relations Office about the amount that you list for dental expense in your income and expense statement? A Q A Yes. Do you have ongoing dental problems? Yes, I do. Q What is the nature, very briefly, the nature of your problems? A I need to have a root canal. And I need to have both upper and lower partials completely replaced, because I am unable to chew. My bite is off. Q Have you had partial plates -- do you have 24 partial plates now? 25 A Yes, I do. But the lower one is broken, and 50 ','J ',J d~1 "_" , ~ '="'J ~,~"""-- """0" ';;,: O'~" ' , o 1 the other one was ill-fitted to begin with and has caused 2 more problems. 3 4 5 Q Have you previously had root canal surgery? A Yes. Q Did your husband always exert absolute 6 control over the household finances? 7 8 9 10 11 register? 12 13 A Yes. Q Did you ever have access to the checkbook? A No. Q Did you ever have access to the checkbook A No. Q In response to the written discovery that we 14 issued upon your husband in the divorce case, did he 15 provide us with his checking account ledgers from January 16 1, 1996, through May of this year for checking account No. 17 3440003204 at M & T Bank? 18 19 A Yes. Q You have in front of you a document marked 20 for identification as Plaintiff's Exhibit 2. I would ask 21 you if that's an accurate list of the checks that your 22 husband drew for your dental bills from 1996 through 2001? 23 24 A Yes, it is. Q Prior to the separation when you told your 25 husband that you needed more dental work, what, if 51 '1'_ , 10 '. ."~' ,'." ~J. _0> "J ,~',- - -~_ " :';"" o . 1 anything, did he say to you that you should do about your 2 continuing dental problems? 3 A He told me he thought I should have had all 4 my teeth pulled out. 5 Q Did you think he was joking when he said 6 that? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A Q A Q A Q A Q No. I believe he meant it. Do you have dental insurance? No. Who is your dentist? Dr. Joseph M. Olivetti in Mechanicsburg. Is he in Mechanicsburg, Pennsylvania? That's correct. Have you obtained an estimate of the dental work that you need at the present time? A Yes, I have. Q A And is that Plaintiff's Exhibit 3? Yes, it is. Q Going back to your estimated expenses on your income and expense statement, do you have a car? A Q No. Are you forced to rely on others to get you 23 from one place to another? 24 25 A Q Yes. Who brought you here today? 52 - 1 2 3 4 ,L-> ,I 1 ',.1: - '~,,- ~. ,~,-I"~_-",",<',~~,, ',' o 0' '.. A My sister. Q Would you like to have a car? A Yes, I would. Q You have in front of you a document marked 5 for identification Plaintiff's Exhibit 4. And ask you if 6 that's an accurate copy of the total amount of the checks 7 and wire transfers that your husband drew against the 8 checking account that we mentioned earlier in each of the 9 years from January 1, 1996, through sometime in May of 10 2001? 11 12 A Yes. Q Among the total of nearly $600,000.00 that 13 went through that account over that five year period, did 14 more than $20,000.00 go to Jon Donmoyer? 15 16 A Yes. Q You have in front of you a document marked 17 for identification as Plaintiff's Exhibit 5. And ask you 18 if that is an accurate copy of the breakdown of the checks 19 and wire transfers that went to Jon Donmoyer? 20 21 A Yes, it is. Q What is the relationship, if any, between 22 your husband and Jon Donmoyer? 23 24 lover. 25 A Jon is, I am sorry to say, his homosexual Q Do you think that your husband has any 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '_'I,, I.. ..' " -' ~ ,.;: --,'", I """-" , ;.' ,'.- .;"'~'" I "~,~),,~~)_,~ '''J.:- o . serious interest, any serious interest, in selling the marital dwelling? A No. Q Have we told your husband in writing that we would cooperate in any form of refinancing of the mortgages against the marital dwelling to reduce the amount of the monthly payments? A Yes. Q Other than what you heard here in Court today, have we received any response to that proposal? A No. Q Did your husband indicate in his response to our Interrogatory No. 13 in this divorce case that he has paid nearly $2,500.00 on account of his attorney fees to date? A That's correct. Q You have in front of you a document marked Plaintiff's Exhibit 6. And ask you if that is an accurate copy of your counsel fees for prior to today? A That's correct. Q Are you able to afford to pay my fees? A No. Q Are you simply requesting guideline alimony pendente lite in this case in accordance with the numbers that were developed in the Domestic Relations Office? 54 1 ,~<I , ,o~' )' +,;~ '~_"'; --'_''''"'0''. ~."'''""^' " " ,'C' c o A Yes. 2 Q Would you be willing to cooperate in the 3 refinancing of the house to lower the mortgage payments? 4 A Yes. 5 MR. SHADE: Cross-examine. 6 CROSS-EXAMINATION 7 BY MR. BRADERMAN: 8 Q Mrs. Krafsig, I think you testified you 9 didn't want Mr. Krafsig to know your whereabouts, is that 10 correct? 11 12 13 14 15 16 17 18 19 20 A Q A Q Yes. Do you consider him a danger to you? Not my husband. Who he is associating with. With regard to your Exhibit No.2, wife's dental bills, you said that was an accurate reflection of what has been paid to date? A That's correct. Q Did you compile that list? A I had a folder where I kept track of my statement well, it is like a little statement every time one. 21 I went to the dentist. So I know it is a fairly accurate Q So you used it from your own statements as 22 23 24 opposed to the check ledger that was submitted to Mr. 25 Shade? You used your own information to compile this. Is 55 ,'-'~ , , 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ',;1 o . 1 that your testimony? 2 A No. My attorney was aware of this. 3 Q Well, who compiled the list of dental bills, 4 you or your lawyer? A Q My attorney. Okay. And with regard to the other list, being the checking account totals and distributions to Jon Donmoyer, did Mr. Shade or Mr. Shade's office prepare that? A Yes. Q So you don't know whether it is accurate or not, do you? A (No response.) Q You don't have to answer. Mrs. Krafsig, please refer to your Exhibit No.1, where you have your monthly electric charge at $250.00 a month. Is that just an estimate? A Yes. I had previously stated some of these were estimated charges. Q And oil at $200.00 a month. Is that home heating oil or apartment heating oil? A Actually it was a home. Q Without telling us where you are living, are you paying any rent presently? A No. So you don't have an electric charge, nor do Q 56 ,c_'",""', ", --'\',1 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 - -,,1,,- o o you have an oil charge? A At this point I just relinquished my apartment and have made a security deposit upon another. Q And is it still your estimate that your heat and electric expense combined is going to be about $450.00 a month? A I would say so. Q How many square feet in this apartment? A I don't really know that. Q And does your apartment include any utilities, or do you have to pay utilities separately? A My former one I had to pay them. Q How about this apartment, do you have to pay water at $50.00 a month for your new apartment? A Yes. Q And sewer at $25.00 a month? A Yes. Q A That's going to be your cost monthly? Yes. 20 Q And you have listed home owner's insurance 21 at $60.00 a month. Have you checked into obtaining a 22 policy for home owner's insurance? 23 A That's an approximate amount. However, I 24 feel that that's a true figure. 25 Q And where did you get that figure? 57 .. ~,- ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 , .l'o,l, _. ,I ;.-1:, '-, , --~" >,' , -',,,'^, ~,'''''\',; o o A From information obtained from others, friends, family. Q So tenant insurance in the apartment is going to be about $720.00 a year? A I would say so, yes. Q Now, automobile payments at $500.00 a month, have you looked at automobiles that you are interested in purchasing? A I haven't, no. Q So that's strictly an estimate at $500.00 a month? A I would say it is an estimate. Q Now, the dentist you have at $500.00 a month. Are you saying it is going to run you $6,000.00 a year for the dentist? A I don't know how long this work will continue. Q Clothing at $350.00 a month. Historically 19 when you lived with Mr. Krafsig, is that what you spent on 20 clothing every month? 21 A I lived with him for over forty-four years. 22 It is a little hard to answer that. 23 Q Did you hear my question? You have clothing 24 listed at $350.00 a month. Is that what you historically 25 spent a month for clothing when you lived with Mr. Krafsig? 58 _l'" ;, L~, i I: 'cl , '." - ~.. ,--'--, ,- ''0'_ ~ V"'~ o . 1 A When I worked I had a very responsible job, 2 and I had to be presentable. 3 Q How about after retirement, from 1991 until 4 the time that you left, is that what you spent on clothing? 5 A No. Because I didn't work and I didn't go 6 anywhere. 7 8 beautician? 9 10 11 12 13 Q You have $180.00 a month for your A Q A Q A Yes. Is that what you are spending now? That's approximately. How often do you go to the beauty shop? Every two weeks. 14 Q So it is $90.00 every two weeks 15 approximately it costs you? 16 A (No response.) 17 Q Is that what you spent during the time you 18 lived with Mr. Krafsig at the beauty shop? 19 A When I lived in the marital dwelling with my 20 husband the person who came out there to do the beautician 21 work was a friend of the family. And those rates that she 22 charged were way below what the actual going rate is for a 23 beautician to charge. 24 Q But it is costing you $90.00 every two weeks 25 presently? 59 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -'- .. , ~ '~ : I _ ,[ '" b,1 '(, -"", ,,-,-- ~- o . 1 2 3 A I have a scalp problem. I am losing my hair. Q Is that a problem you just recently 4 developed? A It started about three years ago. Q With regard to having your hair done, with regard to buying clothes and these other expenses that you have listed, did Mr. Krafsig ever prevent you from spending any money on those items? A He never tried to prevent me, but then I never did, because I tried to do it myself. Q Oh, so you didn't have these expenses while you were living with Mr. Krafsig. I just want to understand your testimony. A The very last year the friend of the family that came to do Don's mother's hair started to do mine. Before that I took care of my own. Q Mrs. Krafsig, is it not true that you could come and go in the home and spend money as you deemed appropriate? A Q Not really. Did you ever go to Atlantic City to the casinos? A That was not something that I really paid 25 for. My sister-in-law, when she was living, made that 60 13 "JJ, -'-- ~" ~ 8-< co . 1 possible. Q A Q A Q A Q he? A Q A Yes. That was another one with my 14 sister-in-law. 15 16 17 18 19 20 21 22 23 Q And you went to Philadelphia to see the flower show. You did go to places, did you not? A But over a course of forty-four years. Q Sure. Was there ever a time you asked Mr. Krafsig for money that he never gave it to you? A If he -- Q Can you answer yes or no? A No. Q With your present income of approximately 24 $1,400.00, you really don't need another $1,200.00 a month 25 to live on, do you, Mrs. Krafsig? 61 'u' I, _~,' 'I " I '-" ,.,1 o . 1 A If I wanted to live like I was living in my 2 apartment, which I wouldn't wish on a dog. 3 Q You wouldn't need it? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 statement A Q A (No response.) What's your answer? I do. You do need it? In your income and expense Q strike that. Do you have any bank accounts now, Mrs. Krafsig? account? A Q A Q I have the bank account with Allfirst Bank. Do you have a checking account presently? Yes. You have opened up your own checking A Q Yes. And I see that when you filed your income and expense statement on July 19th, 2001, your checking account had $3,000.00 in it? A That's correct. Q What's in there now? A Approximately five. Q $5,000.00? A A little over five, yes. 25 since July? Q So you have been able to save some money 62 "~' -- i j j -~"" '" 1 ~ ; ^ ,I, ;;",__1 ",,-' 'jr; ,,'J _,' _i;.,;, '0' ~ ' ' O,,~ , . A Well, not knowing where the next penny was 2 coming from, I thought I better. 3 Q If you had a choice, Mrs. Krafsig, as to 4 whether the home should be saved or taxes paid or your 5 receiving your $1,200.00, I assume you would want your 6 $1,200.00 a month? 7 8 A Yes. Q You realize, of course, that that home is 9 the primary marital asset, you understand that? 10 11 A Yes. Q And you also understand that upon its sale 12 or other disposition of that home, you are entitled to your 13 marital share of it? Do you understand that? 14 15 A Yes. Q I assume you wouldn't want to see anything 16 happen that would risk that home being available for 17 distribution to you, would you? 18 19 A No. Q Do you recollect an incident, Mrs. Krafsig, 20 where somebody broke into the home and accosted Mr. 21 Krafsig? 22 23 24 25 A Yes. Q And he was beat up or something happened? A Yes. Q Were you injured at all? 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ",I J.- "' ;,.L '-" ~> ~".' ~ c . A Emotionally. My blood pressure skyrocketed and I was on... Q Drugs? A No drugs, but I had made many visits to the doctor for blood pressure medicine. Q How long ago did that incident occur? A It was 1986. Q Do you think it is appropriate that somebody be in the home to watch it, to take care of that asset? A Yes. MR. BRADERMAN: No further questions. MR. SHADE: Very briefly, Your Honor. REDIRECT EXAMINATION BY MR. SHADE: Q When you were asked if you had ever asked for money and your husband ever refused you, and you were asked for a yes or a no answer, and you said no, did you want to explain that answer? A Repeat the question, please. Q Well, when Mr. Braderman asked you was there ever anytime when you wanted money and your husband denied you, if I understand it correctly, and he indicated he wanted a yes or a no answer, and you said no, did you want to expound on that answer? A He never denied me money. It wasn't that. 64 ~~ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I; ~ I 'I "H;;,,,_, .-''''^':"',-,-'' '". "ifJ':' o . But I turned over everything that I had. Q Did you see any point in going out and shopping for a car until you would know what the outcome of this appeal was going to be here today? A That's exactly -- I mean, that's why -- I mean, how could I do something like that? Q And once again, while you accumulated this couple thousand dollars over the last couple months, that's while you were living in an un-air conditioned apartment with no car? A Yes. Q You indicated that you considered the person with whom your husband is associating as a danger to you. Who is that person? A His name is Jon Donmoyer. Q That's the same Jon Donmoyer we have testified about here earlier today? A Yes. Q Has he actually directly threatened you? A A week prior to my leaving the premises I was in the kitchen doing the dishes. And I had a large butcher knife laying across the dish rack. And he took it and came up behind me and he said -- and he went like this with the knife in front of me, and he said you didn't know I could be dangerous did you. And he was not laughing. He 65 1 was serious. ,"I I, "",;1'---, a' ~, >< __ ~ M " "-il.i c . 2 Q And by this time you had found the notes 3 that indicated the homosexual relationship between your 4 husband and this person? 5 6 7 8 9 10 11 A Q A Q A That's correct. Written in your husband's own hand? That's right. And Mr. Donmoyer knew that? Certainly he knew it. MR. SHADE: Recross. RECROSS EXAMINATION 12 BY MR. BRADERMAN: 13 Q Mrs. Krafsig, you heard your husband testify 14 that Mr. Donmoyer has worked in the home for approximately 15 three or four years? 16 17 A Q I was in the house, yes. Okay. And is it true that he did a lot of 18 tile work? 19 A He did a lot of tile work, but he was not an 20 experienced person to do tile work. He learned. He was 21 learning. 22 Q As a matter of fact, didn't one of your 23 bathrooms win a national award? 24 25 had done that. A Not the one that he did. Another tile man 66 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 that? 22 23 "j "o'_~ , --I..;~ ~ .:, ;, "" ~, 0,;', ~ '""0 o . 1 Q But did he do decent work? 2 A He did some after breaking quite a few 3 pieces of very expensive imported Italian tile. Q And who told you that? A I was there. I could see what he did. Q In the four years that he worked in the home did he ever threaten you other than that last incident that you considered to be a threat? A I was always very uneasy around him. Q Did you tell your husband you were uneasy? A No. Because I thought maybe I was imagining it at first, but -- Q You never told your husband you were uneasy around him, did you? Did you ever tell your husband to get rid of Jon Donmoyer? A When he came back from his trip that he took, I told him what I found in his jacket. In fact, I gave them to him to look at. And he said to me, I hope you haven't shown this to anyone because you could ruin me. Q You are under oath. Did Mr. Krafsig say A Q Yes. Wasn't there another individual that stayed 24 over in your home, a friend of Mr. Dunmoyer's? 25 A Yes. 67 :::0- :,1 1,-, , ' , "'~' ,'>,:.'--'<'''- ~',', - ''', o . 1 Q And didn't you and your husband conspire to 2 find out what that other individual's sexual preference 3 was? Do you remember having that conversation? 4 A No. There was no conspiracy there. What 5 happened was there was some talk about the boy that Jon 6 brought there. It was John's friend. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q A Okay. Being gay. Q Okay. A And all the other workmen downstairs seemed to know that he was. And he wasn't liked very well. Q But he was only there temporarily, is that correct? A He was there temporarily but long enough to cause trouble. Q When you say that Mr. Donmoyer is gay or is a homosexual, was there any evidence of that? Did you ever see your husband and Mr. Donmoyer in a compromising position? A What happened -- Q Can you answer yes or no? 22 A The notes speak for themselves. 23 Q No. I didn't ask you about the notes. I 24 asked you if you ever saw your husband and Mr. Donmoyer in 25 a compromising position? 68 ,1-, JJ <'.- 'C,-,,,,-, ,~'''''' , '""'~-' --," ;,;"~",,-- - '~, A,', ,.., . 1 A No. 2 MR. BRADERMAN: I have no further questions, 3 Your Honor. 4 MR. SHADE: I know Your Honor really doesn't 5 want to hear about this sexual business in the context of 6 this, but lest I should be foreclosed saying I did not 7 produce evidence that I have in my file right here as we 8 speak that has been referenced here today, I can offer 9 these handwritten notes in Mr. Krafsig's hand that 10 graphically detail his homosexual relationship with Jon 11 Donmoyer. I am prepared to offer them if I am going to 12 suffer an adverse inference if I don't. If I am not, then 13 I will let sleeping dogs lie at this point. 14 THE COURT: I can't see any adverse interest 15 that you are going to suffer in connection with the alimony 16 matter. 17 MR. SHADE: Fine. I am satisfied with that. 18 Very briefly, Your Honor. 19 REDIRECT EXAMINATION 20 BY MR. SHADE: 21 Q Is this house large enough that your husband 22 and Mr. Donmoyer were able to be in a complete different 23 wing of the house completely separately away from you? 24 A Yes. 25 Q And was that the pattern of -- 69 I, "~', ,c~' I , -, - ~, , '-:'-'"'.' o o 1 2 3 4 5 6 A Yes. MR. SHADE: Thank you. Nothing further. THE COURT: Anything else? MR. BRADERMAN: No, Your Honor. THE COURT: Thank you. MR. SHADE: Your Honor, we would move for 7 admission of our Exhibits 1 through 6 inclusive I believe 8 it would be, Your Honor. 9 THE COURT: Unless there is objection, we 10 will -- 11 MR. BRADERMAN: Your Honor, I have no 12 objection, except I den't accept the accuracy of the 13 compilations, but I have no objection to their admission. 14 15 THE COURT: Very well. MR. SHADE: I would note, Your Honor, that 16 counsel has provided me with a copy of a written memorandum 17 that he has here. I think I could satisfy myself in 18 addressing this orally. 19 20 THE COURT: Okay. MR. SHADE: If Your Honor wants to hear what 21 I have to say. 22 23 24 25 THE COURT: That's fine. 70 o 0 1 (Whereupon, Mr. Shade closed 2 on behalf of the plaintiff.) 3 (Whereupon, Mr. Braderman closed 4 on behalf of the defendant. 5 (End of proceedings) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 ",' :-> I ,~L,- " ~T ,;,.,:. ""! o o CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. ~~ Barbara E. Graham Official Stenographer .....,,'., The foregoing record of the proceedings on the hearing of the within matt~r is hereby approved and directed to be filed. or.h~ zIt ~I Date ,Ai . Hess, J. Judicial District 72 - Ii I ! [1 "'''''' ,~~ Y; ,T .,':" .: ':J.""- ,,1L___. T~ .~~ {"Ii 1"'-;'1 '-"I \:U/ i:I"J i i'} '). C'J I L-,O .J.. 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