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Home My WebLink About01-06508 . . . . , . . . . . . . . . 1.'" _>C ,-c, ""'I'. ""'''-' -~'"" ci'..C;,,;~ -~ "",,,IIIC<.',-,,,<<,,<,',,\ -"'~ ':'.-1",' '';' ^-"'~ !ill ' . . . :t::+::+::+i<+:'+:'+: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DECREE IN DIVORCE NOW'~ . . . . . . . . . . . STATE OF . . KEVIN HOVET . . . . VERSUS . . . . . KIM I. VAN ALKEMADE . . . . . . . . . . . AND . DECREED THAT . . AND . PENNA. No. 2001-6508 ('2- i ~; 2I>pP1 ,"''f, IT IS ORDERED AND KEllIN HOVET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'i+::+::+::t:"":f':+::t':+::+:'f.'" , PLAI NTI FF, KIM 1. VAN ALKEMADE , DEFENDANT, ARe: DIVORCED FROM THE BONDS OF MATRIMONY. "fHE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEe:N RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . The Marital Settlement Agreement dated as of May 12, 2004, . . . . . . . . . . . . is incorporated herein by reference but is not merged into this Decree. . . . . . . . . . '" . PROTHONOTARY it: '" "'it: :+: :+: :+: it: "'it: :+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. , ~~ '-- , -, , .~ " - ".-. , ~ '~ - ~'" --"'I~' '1 ~1 , fj! ,,,-,~ :.'~' '#' \,' \ 7 ;).-3 ' () l/ /- .;IJ -/:w w-~~-$4-~~ 71~ ~p:cdf ~ -- n "~ lfIIliJ, ,_ ~ """"'"~.~~,- ^,~~;'!~i1?;'f"!"'rn-'!"'l\l'I'~ ",."" " ~~Iffl':~~~" ~i eU' - "" '~" ~-_ J_ ,', -, ,- .lIilit~~,'fu"~~ .' --. _' F:\FlLES\DATAFlLE\GeneralICurrentII0451-Lpral/tde Created: 5/61044:18PM Revised; 6122/04 \0:50AM 10451.1 KEVIN HOVET, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-6508 CIVIL ACTION - LAW KIM 1. VAN ALKEMADE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Attorney's Acceptance of Service accepting the Complaint on November 20,2001, as filed. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) ofthe Divorce Code; May 6, 2004; by the Defendant; May 12, 2004. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice ill g3301(c) Divorce was filed with the Prothonotary: May 19, 2004. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: May 19, 2004. MARTS ON DEARDORFF WILLIAMS & OTTO Date: June d'S' , 2004 BYT2~ims,~~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff " ;~_~~~~~"'EffiI,i:MI~l;,'>i1il'1i-'HI"e',if);,iHN ;'J'1-H1.;C!'i",1l~1l:'d~~t1<!,i-ii4i~:lif!iil~Ii~~0lll- ,*,~Jai,I.\I~WMJ*t l p. (2)?V ___ 0,< ~" lJ C -cfh r,': -u~ :; r:.: -ii::(:~ -' ' 2~ =< ....., = ?- <-- ~ -~E" r- N CO o -n -l ::C.." rllp "8 ~J) 1 g(~ :c=g ~~ C{l1 ,~ ',=< ~- -'l'I" -"-~. '-:? N o SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A ~~ = . _', ~- L ,",,'.......~" ""i",-' -" ~~. , -"'.-'""~""';;:1s",,, , ' KEVIN HOVEl, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001.6508 CIVIL ACTION - LAW Plaintiff v. KIM I. VAN ALKEMADE, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this Ic2 day of ~d C:;hambefsburg"PA,' Frailklin 2004, between KEVIN HOVET, of 1220 Lehman Road, County, Pennsylvania, hereinafter referred to as Husband, and KIM I. VAN ALKEMADE, of 212 North Prince Street, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are Husband and Wife, having been joined in marriage on January 7, 1989, in Bradenton, Florida and separated on December 31st, 2000. R.2: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal 1 h -, SAIDIS SHUFF, FLOWER & LINDSAY ATfORNEYS'AT'LAW 26 W. High Street Carlisle, PA uo '.' ,I, , "'~ ,- - '-, , . ' ' ~,lf~M^.0_^' , ' support, alimony, alimony pendente lite, counsel fees and costs and all possible claims one against the other. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize this divorce on the same day as they sign this agreement. (3) REAL PROPERTY: The parties were owners of marital real estate at 241 East King Street, Shippensburg, Cumberland County, Pennsylvania. The marital home has been sold and the proceeds of sale, $40,000.00 approximately, has been equally divided. From the proceeds of sale, the parties each paid one half of the CitiCard obligation as set out in paragraph 4 below. 2 if: '" SAIDIS SHUFF, FWWER & LINDSAY ATIORNEYS-ATeLAW 26 W. High Street Carlisle, PA -0" ',1;... ',.,."~ "--u'-"" "";""'"'";":"::~1t.0:': , ' (4) MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are martial or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Wife's loan on her TIAAlCREF account - $18,324,00 approximately at separation. ii. Wife's PSECU loan - $9,706.00 approximately iii. Wife's student loan iv. Wife's loan to Husband in the form of charge privileges on her CitiCard account - $1,578.00 approximately 1: The parties have paid off CitiCard account pursuant to paragraph 3 above. 2: Wife shall pay the obligations to TIAAlCREF and PSECU, as well as her student loan Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on December 31, 2000, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate 3 '" SAlOIS SHUFF, FLOWER & UNDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A " ,,~ , "<I,,,,",", , .. ~- i.;.\~cioM , ' might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made, against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently driven by the other party. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Specifically, Wife shall retain the 2001 Chevrolet Tracker and shall pay the lien thereon and shall indemnify and hold Husband harmless on account of such obligation. Husband shall receive the 1992 Chevrolet Caprice. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension 4 " , SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle. PA "' " ..1-',,-. '-.-", , .' ~'"""'-lL~'~~<)""0; . ' plans, stock plans, 401 K plans and the like. Notwithstanding the contents of this paragraph, Wife will transfer to Husband from her TIAAlCREF account by Qualified Domestic Relations Order, $29,428.89 as more particularly set out on Exhibit "A" attached hereto. The parties have had an opportunity to review the calculation of the amounts owed by Wife to Husband from her TIAAlCREF account and all documents which they requested to support that calculation and agree that the calculation is correct. The payout by Wife to Husband reflects a credit to Wife for one half of the PSECU loan which Wife is repaying and one half of the TIAAlCREF loan for which she was obligated on the date of separation. Wife will cause a Qualified Domestic Relations Order in the amount of $2q,428.89 to be entered by the court rolling over said amount into an IRA for Husband. Kit" (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband is represented by Thomas J. Williams, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each 5 . SAIDlS SHUFF, FLOWER & UNDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA " ""'0-,1,.' C!i~OO~,*,,,?: has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indernnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and 6 " SAIDlS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, PA [ ,=, ;I~"o ~'. ' "."'-~"'" . complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, 7 :'" SAlOIS SHUFF, FLOWER & UNDSAY ATIORNEYSeAT'LAW 26 W. High Street Carlisle, P A ',II ._~l " " . ~, ~"'~ "'~I'j" .~ ", "~~-,' p, ~ ^' '~ ~" ,-,' \~~i:~ contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be B '~. " " SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle. PA II' 'wi .-. "'--",-;--~~, ~)'f, amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, 9 = .., ,j SAIDlS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA ~ "~ ""-"'- "~"'" "'r.'"'lli!!iL~",~"_i representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: ft/bu p~ ~m'~ Kevl Hovet j . 'l~JW~ I 10 II ., djustment of Kim's T\AA-CREF Account for Market Activity and Post Se aration Contribution - Date of Se aration 12/31/00 DATE DETAILS AMOUNT BALANCE 12/31/2000 TIAA-CREF ACCOUNT 105,081,45 105,081.45 3/31/2001 Less loss -11,072.00 94,009.45 plus interest 263.00 94,272.45 6/30/2001 Plus Gain 2,982.65 97,255.1 a Plus interest 253,97 97,509,07 9/30/2001 Less loss -11,328.05 86,181.02 Plus interest 243.83 86,424.65 12/31/2001 Pius gain 6,766.96 93,191.61 plus interest 234.75 93,426.36 3/31/2002 Plus gain 372.21 93,798.57 Plus interest 204.81 94,003.38 6/30/2002 Less loss -9,484.01 84,519.37 plus interest 196.06 84,715.43 9/30/2002 Less Loss .13,222.68 71,492.75 plus interest 176.04 71,668,79 12/31/2002 Plus gain 4,972,72 76,641.51 Plus interest 182.51 76,824,02 3/31/2003 Less los,S -2,303.03 - 74,520.99 Plus interest 166.98 -, 74,687.97 6/30/2003 Plus gain 9,943.93 84,031,90 Pius interest 162.30 84,794.20 9/30/2003 Plus gain 1,931,11 86,725.31 Plus Interest 162,02 86,887.93 1/2 Marital Portion of Wife's llAAlCREF 43,443.97 less 1/2 PSECU Loan 9,706.00 = 4,853.00 38,590,97 Less 1/2 TIAAlCREFF [Loans (as at 12/31/00) 18,324,17 = 9,162,09 29,428,89 Total: 29,428.89 ~, EXHIBIT IJiI ~ " ' I~~. __~ ",~-.." .-. '-'- ili~!lEl';':i' , . . "... \' CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Transmit Record was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO atl~ tU~~l ricia D. Eckenroad , Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: Juneq~ 2004 .it ~~~1;j~lffli!t';j~ii!m~M&~~1lN~'"~fit'i."iTi{?;" ""',~<"-~;;,'iJ.~"'o' ~"'#fr,i;N~~' ~~v ~ < _:-, ~" n "')W'''' Q ~;;: -,::' ~:ii'-I"d_: ....., = = ~- o .,., --I -,- Fiil'l ,- urn ~oc.'"J {~) .1... --I "---...J --~--ri 8r-5 t5m i~ ~ c~ r=~ "~,-. r" ('..Q .!::.-;. ::ii: I..~:') 1~....) C:;:. NO ~ ~~. , ,I' ~- ,'" ," ,c' ""li1--('~-o'i~ri F:\FILES\Dp.TAFILE\Gendoc,cur\10451-dcom,l Created: 11/09101 10:52:08 AM Revised 11/15/010~:52:50PM KEVIN HOVET, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2001- (/;Ql)8'"CNIL ACTION - LAW KIM 1. VAN ALKEMADE, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 '"O"~ ,I "_'-_, , -I.', 0,-",_<,; '--t1~~ KEVIN HOVET, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.200l-Co50'iI CNIL ACTION - LAW KIM 1. VAN ALKEMADE, Defendant IN DIVORCE COMPLAINT 1. Plaintiffis Kevin Hovet, who currently resides at 241 East King Street, Shippensburg, Cumberland County. 2. Defendant is Kim 1. Van Alkemade, who currently resides at 241 East King Street, Shippensburg, Cumberland County. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 7, 1989 at Daytona Beach, Florida. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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. 8. Plaintiffrequests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO BL-rL.--tl W~ Thomas J. Wi i s, EsqUIre Ten East High Street Carlisle,PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: November 16, 2001 , c c ~~~ ,.1. ; l:~t~':t~-- , .~J ,- ~" '~..,' J-'--~~~:^'k,-",\L,' VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties ofl8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILES\DATAFILE\Gendoc.cur\10451-dcom_l _~ili~:!lIi~"-'" ~_~~ki~t~fMf!;;j~",;;"",j;"S~'::D"-,;:w.fW",;~"i\1'-,:,,,.~~~iiii!1tl!1i~ r'-a'i_j~ ...;.,- .'",-",,-, - n1iii :"tl'llt 21it-.ll1liif~!j!"'!,'-'t~Ji. ~, ""'~i:c',;..,,"""';" '1,,-,' --,' "". ,~-,~--'. *-1 ~ ~ - - c() cP 00 6' ~, ._~,"" - ~ ~ ~ ~ ~ -.t -.C) -.Q (") C' r, '-' C ~, s: z ~ Llro 0 nlfT' ,r.:: ",-I;::::d 2:1..,' Z':t, ~~~: i1i (T. !'_e- "'"-., -::':!rS -<..,::- ~Ci ~ ~""1 _L-"'-f )>-, ::l':: i5~ z.1..._~ )>0 C H"I ~ 0 ~ fv -< ~~ . . - IiilIlll , 1_--- ....c~" ;- - "--' ~. "-"",-,, -, ildli0,~1 F:\FlLES\DAT AFILE\GeneraI\Currell!\ 1 0451-1.aft1/ajt Created: 5/6104 4:18PM Revised: 5/61044:21PM 1045LJ KEVIN HOVET, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2001-6508 CNIL ACTION - LAW KIM I. VAN ALKEMADE, Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9 3301(c) ofthe Divorce Code was filed on November 16, 200\. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND & 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver 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 6, 2004 :~';;;' ",\,;.y ,;...:k;.'...~ !!!~ik~;;ijlMnl!:\U!W~.iJ~M;~'j~@_~~1li1oi~'; ;;::,,~" '.<"""i_f,.,~w'J~i--~"'A.~~ld)ji'ii.i:l-t,,;r~,M~!!~JU..~_,....~o".-LlI~~-~' ,~ ,~,,,.i'""1IiiI~.w.nii!if!r C" ~d~]I'l ~ !1,:,j --.,' ,'~.- ~~' ~ IUlJit () ..., 0 = c: = -n .c.- -, ,-.- -,", --I -.-- !-;"'; , > n1:D -< , --..- , -nfn [", :fJCJ -< \D 06 !~~ ::;::!-r; - r'--- :!!'-. {~:56 ',2: , . -,..~ 5> c: Cl (sm -., :z.; 0 :~ --< ::'< G:~ ,!:I,ll ill. ~L! . .-. - '.~_""-'r"",,-_,"'_'"~''''"''__''';'>'',_~,,-, I",,,,",,,,,, "" ~.r"', ,,~,,_.....,'!=;, a'T"~ '''''' ,""c'-, d;,,' h""!'< ." ,_, "" ~~_" ,~ ,,"__~, ~"~,,'_~ r,,_~~ ,__, .~,,'" ,~_ ,~ - ;..",,__<~ I 0', SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.Ar'LAW 26 W. High Street Carlisle, PA i,' . -'v,., ", ',,"";.,o,;;:..~,,,J.,,..__o. "'-0'_ ",.._~ ,_'c :. ';: ,~,', -J2.~,-;,' ;',_~",o,,'->_":;';, ,>""_' ";', <;~<,:H.;:,~2~iL~:.~j, ,~,:c :;:,:-:,;~i.i:k~:~Jk;~::-_~;;~,,,,Ot" :'L~' ::'~) Ed! ~,~:~ ;~i~i ~': KEVIN HOVET, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2001 - 6508 CIVIL TERM PLAINTIFF vs. KIM I. VAN ALKEMADE, DEFENDANT IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER &3301 Ie) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed November 19, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have eiapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. i verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: f; /IZ- h d'o 4 A--~ O"~ KIM I. VAN ALKEMADE ~ PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Ii 3301 Ic) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawye~s fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. i verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 4904 relating to unsworn falsification to authorities Date: S (12.. (<.. 00 '-I ~.~ KIM I. VAN ALKEMADE II ~ ~:~tl~h~"--'~ -~<t.~~_11~~a~li~~~~~,~~~,~~~~~~.~1iMt ,-;.,' '-~,.-L' ~ /}If ;!Ii!. -~~ . ,-,~ ,~~-~~"> " ",.."M"""""""V' .~ 0 "" = 0 C = "Tj ~~ .r:- "'C ~. ~.-{ ---,.,. -r n-j C:' :;;:.'" Ftl::I.l Z " -<:: r 2::: -om U; \.D :oQ . , 8(~ ~. --,-,; ,.':.~ , :;;;iop ;;.O'\:~'l ~(~:; 3: '~....... ("'"} 9 ;G; fn .J? ;; ~J ~ =2 0 ;:f] Cl "'- ,~'''';.M l -~~~ " ~ ~~ ~ ~ ,~' ""'I~, ~ ,,,-, = s;/...,,;j;;: ,-',-~" Iit'~:f.tr~ F:\FILES\DA TAFILE\Gelllwc,cur\1 0451-acc.ser Created: III09lO110:52:0sAM Revised: 11115JOt04:S3:2SPM KEVIN HOVET, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ptr' itrr-y ~al Ln<>f~( o-ID... NO.200l-CoS'O'g' CNILACTION -LAW KIM I. VAN ALKEMADE, Defendant IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Carol J. Lindsay, attorney for Defendant, Kim I. Van Alkemade, in the above-captioned action, hereby accept service of the Complaint in Divorce in the above action o~ zPt )@/ on her behalf and certify that I am authorized to do so. SAIDIS, SHUFF, FLOWER & LINDSAY ~~'!.;wmj!fj"!.flero!!!lJ~w.,,[i;!'HliU-i~,Jo;',",,,I"il;i!C,,-,r6 ;-"~':'WY" )'I4'(.k'0;0Mevi'fuli!&il;.ili",;oj%ilM~~ill*ilil'-'" ,-,...;" ,,- ,~,I "'..._"'''-~~'''' ~ '~~"li~" tS' sf.I L,~...... "., ,,,,"",,,. ~=, ..",~...,...~_t'.N_"~, '0_ _"X.,,~ ~ ,~''', . "'~' '--' ~ ~~ _~ <',' ~ M',' .q, _" (") r;: ~~. U(1-' rn,"~, ?~' !ff ~: <-f":::; ',- L"C) ---::--C ::c.~c' :z; ::J , iilIf "..., , ~Iifi' . t..::) f'\) "'l iT) e'J -D ~. ..:"'" -- "--' --;.-:0 .c- Oo :;:, .JEr!=IVEL Tl ,jO 1~_x, :...f " NOV 2 1 2001 l\nO\Jvr -. \ . SAIDlS ;HUFF, FLOWER & LINDSAY ATIOR}lffiVS-AT-LAW 26 w. High Street Carli51e, P A 'jIM' , ,IJ, ~'~". I'ir .'- <. \.'iR-i\'~_",'""""~,c,,, &. FEB 0 9 2005 q KEVIN HOVET. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V5. : CIVIL ACTION - LAW : NO. 2001 - 6508 CIVIL TERM KIM I. VAN ALKEMADE, Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER TEACHERS INSURANCE AND ANNUITY ASSOCIATION COLLEGE RETIREMENT EQUITIES FUND AND NOW this 10 - day of ""1-d>....., , 2005 upon consideration of the Property Settlement and Separation Agreement of the parties of May 12, 2004 it is hereby ordered and directed as follows: 1. The parties hereto were Husband and Wife and this order is sought in conjunction with a final decree of divorce of July 12, 2004 to the above caption. 2. Participant, Kim I. Van Alkernade, social security number 390-78-2280, hereinafter referred to as Participant, is employed by Shippensburg University and is a participant in the Teachers Insurance and Annuity Association-College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: a) TIAA retirement annuities(RA) contract numbers C146409-2, 3550037-0. b) CREF RA contract numbers U146409-0, 4550037-8 c) TIAA supplemental retirement annuity (SRA) contract number L224223-2 d) CREF SRA contract number M224223-0 3. Participant's current and last known mailing address is 212 North Prince Street, Shippensburg, Pennsylvania 17257-1320 and daytime phone number is (717) 477-1506. II " 1 . . ~ ~~ . "_,m~ ,.. ~, '-""."",,"'" ',," ,,-'-~;'~~-'-~-- ~~~ OF T\\~~;~S;;~C~~:;:-\"Ni" 2eU~ rEa 110' ;c, '\ ~ v l' .-. . ~ ~ ~ ~ ~ ~~~ I ~ '.. :}'l . "~ Jj d ~ I- i- ~ W '\" <;;) ~ " , "'t, " ,> .,Li--UlD _ ~ffin~~~l'<o ^" """~~!!lI!lil~~~~~~~W>'''"~'i~':1'i<\''''''''''''''''3",~,,O~'''-n;;-'",i~l'1!fXM!''3'1'l'!l~'~~~l":>~~fWi~i;j~[r~1Jil.~~~{'')~.,)~""".) _; , ' . SAIDIS jHUFF, FLOWER & LINDSAY ATTORNEYS"AT.LAW 26 W. High Street Carlisle, P A I, , I _.~ - -- """""""'"'d';)<,;W;"'''._db-'-<,',', 4. The Alternate Payee is Kevin Hovet whose current and last known mailing address is 1220 Lehman Road, Chambersburg, Pennsylvania 17201. The Alternate Payee's social security number is 395080-2768. His date of birth is I/~I 1- /962 and his daytime phone number is t-It - '3:t-5 :.239-6 5. To accommodate the marital distribution between the parties it is ordered, adjudicated and decreed as follows: a) The TIAA-CREF annuities previously referenced are marital property to the extent that they were acquired during the marriage. b) Upon finalization of this order and pursuant to the terms of said annuities, the current values of the valuation date of the Participant's TIM-CREF annuity accumulations for the marital portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIM-CREF annuities subject to the terms and limitations of said annuities: (a) Accumulations are to be valued as of September 30, 2003: TIM (RA) number C146409-2 $ 640.50 TIM (SRA) number L224223-2 445.38 CREF (RA) number U146409-0 27,797.33 CREF (RA) number 4550037-8 545.68 29,428.89 c) The values actually transferred will reflect interim investment experience until the transfer is recorded by, TIM-CREF. The TIM traditional' accumulation will increase over time where the TIM Real Estate and CREF accumulations may increase or decrease, reflecting the performance of the underlying investments. 6. Additions of division of annuity contract: a) All ownership and interest in the balance of the accumulations not transferred and all annuities issued to the Participant by TIM-CREF will belong to the Participant. b) All ownership rights in the newly issued annuities will belong to the Alternate Payee. 2 J " 1,-__ d. "I"':',,,,,,_~ " , ,.. ""-'----i.!~Jq,~""5~~) ',' . c) The beneficiary designation of the Alternate Petyee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. d) The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro-rata. The Alternate Payee may change the investment allocation once his or her annuities are issued in accordance with the contributing employer's plan. 7. As of the date of TIAA-CREF's receipt of the QDRO all TIAA-CREF's benefits othelWise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation. 8. TIAA Traditional Retirement Annuities (RAs) do not allow single sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. 9. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this order within thirty (30) days of the request for same. A'ITORNEYS.AT.LAW 26 W. High Street carlisle, PA 10.THIS ORDER: a) does not require any plan to provide any type of form or benefit or any options not otherwise provided under the plan, and b) does not require TIAA-CREF to provide increased benefit, and c) does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. SAlDIS lHUFF, FLOWER & LINDSAY 3 ~,(, , \ SAIDIS SHUFF, FLOWER & UNDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A " ="'- , ..~ ~,-,- -~w~~..'ilI'_i&'\"',,;- d) If any portion of this order is rendered invalid, the balance of the order will remain fully enforceable. THIS COURT reserves jurisdiction to issue further orders as needed to execute this order. By the Court, Concurrence: /I J. A~ ~ ,Ji,;5JJ Alternate Payee Participant l' FJr. ~()O~ -/ d. 1. ~tJS- . Date Date 4 ~~':la.~~_~<ijl"Bl\_!J<~EtW--,~~""*lO;>~kol\lJ-"i.i.i~:;,,,,,;,~,,t,\,,"""~'''i''';''b":l,;t,-j.jj~~IJ't;,f~~~__'~- ~'~ ",-,. n1{'I',.i!lfI~i!il1AOOd~j~dIliIlY:.'liLM!iLi!f[y'-. ~ .. "-> = &?t ,S b~ f\tv """j nID II!! ~- ,,,,,,_,R,",,<<<,,,,,,,,,_~..,,, .. ,~. ,~,