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:1 IN THE COURT OF COMMON PLEAS :
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EMMA M, SAXMAN,
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Plaintiff
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Versus
RICHARD L. SAXMAN,
IN DIVORCE
Defendant
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DECREE IN $
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AND NOW, ..~.....J....... .... ....~., it is ordered and '.~
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decreed that ............ ,E,I'~~ .~'. ,5,l~~~ . . . . . . . . . . . . . . . . . . . . . '. p ainti ,
and ...., . . . . . . . . . . . . . . . . . ~<;:~~~.~: . ~~~. . . . . . . . . . . . . . . . . " defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
NONE. The terms of the Master's Report dated March 23, 2000, are hereby
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EMMA M. SAXMAN,
PIal nllff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
va,
NO, 99 - 1070 CIVIL
RICHARD L. SAXMAN,
Defendant
IN DIVORCE
THE MASTER:
TOday is Thursday, March 23,
2000. This is the date set for a conference with counsel
and the parties to discuss the outstanding economic issues.
Present in the conference room are the Plaintiff, Emma M.
Saxman, and her counsel Carol J. Lindsay, and the Defendant,
Richard L, Saxman, and his counsel Marcus A. McKnight, III.
This action was commenced by the filing of a
divorce complaint on March 30, 1999, raising grounds for
divorce of irretrievable breakdown of the marriage and
indignities.
Counsel have indicated that when they return
later today they will have their clients sign affidavits of
consent and waivers of notice of intention to request entry
of divorce decree so that the divorce can be concluded under
Section 330l(c) of the Domestic Relations Code.
The complaint also raised economic claims of
equitable distribution, alimony, alimony pendente lite, and
costs.
The parties were married on June 30, 1978,
and separated March 30, 1999.
There are no children of
this marriage although both parties have adult children from
rJrior marr)aqe~.
The parties and counsel have advised tile
Master that after negotiations this morning, they have
reached a settlement of the outstanding economic issues.
An agreement is going to be placed on the record in the
presence of the parties,
The agreement as placed on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except
for correction of typographical errors,
The parties will return later today with
counsel to review the draft of the agreement for
typographical errors, make any corrections as required, and
affix their signatures by way of affirmation of the terms of
settlement that are being placed on the record at this time.
After the agreement has been reviewed for
typographical errors and affirmed by the parties by
signature, if in fact they sign today, the Master will then
prepare an order vacating his appointment so that the
parties and counsel can prepare a praecipe transmitting the
record to the Court requesting that the Court enter a final
decree in divorce. Mr. McKnight.
MR. McKNIGHT: The parties have agreed upon
the following settlement:
1. From the Pioneer IRA account, currently in the name of
Richard L. Saxman, having a value of about $31,400.00, the
parties have agreed that 50% of that account will be
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triJIl:;f( 11t'(1 Jlll() .all IJ.'.^ d('C()IJlll to tH' (.:,t<dd i::h('d by thc'
ltJj[l__I I-:n::t,(1 I.~. :',J;.;n..1l1, ,d r1l1 in:;tltutioll ct hl.r r'II(;)C(:.
\'lithinl.en (10) day:; of today':; dat", :;11" will provide
whatever informiltion We need and wi thin ten (10) days of
today':i dilte, Hichard 1.. Saxmiln will provide information,
through counsel, regarding the needs and requIrements to
transfer that 50V. of the balance to Emma M. Saxman,
2, Of the escrow account from the sale of the real estate
currently being held at Keystone Financial, having a value
of approximately $58,471.89, the parties have agreed that
$45,000,00 will be transferred, through counsel, to Emma M,
Saxman, and the balance will be paid to Richard L, Saxman,
Said transfer to be done within ten (10) days, Parties or
counsel will sign whatever documents are necessary to
complete that within the ten (10) day period,
3, From the pension of Richard L. Saxman, the parties have
agreed that 50% of the balance of the STERIS 401 (kl!AMSCO
ERA will be distributed to Emma M. Saxman. Again, within
ten (10) days, Richard L. Saxman will provide, through
counsel, the requirements necessary to do a QDRO to
effectuate that transfer, and again, that would go into an
IRA account of Emma M, Saxman's choosing, and she will
provide within ten (10) days that information to counsel for
Richard L. Saxman.
4. The parties agree that all their personal assets
currently in their possession will remain their sole and own
property and each party waives any right, title, and
interest in the personal assets of the other and that
includes any automobiles. It includes the accounts that
each of the parties had in their respective banks. The wife
had accounts at PNC, a savings and checking, and husband had
accounts also at PNC savings. Each party agrees to waive
any right, title, and interest in the accounts of the other.
5. With regard to the issue of alimony effective upon the
date the divorce decree is entered, the amount of alimony
pendente lite currently being paid by husband monthly will
be reduced to the amount of $750.00 in regular alimony and
that will remain in effect unless there is a substantial and
continuing change in the circumstances of either party. For
purposes of this reduction, the current annual income of
Emma M. Saxman is $5,700.00 from social security and from
Richard L. Saxman's employment, his income is $44,000.00.
Any substantial and continuous change in circumstances of
either party would have to be to those income amounts. It
is also understood that the alimony would end upon the death
of either party and on the remarriage or cohabitation of
r.-.
Emmit fo1. JiJXHlilll.
6. It is also ulldc:r:;tood that there is currently no
mari tal debt to be pidd by ei ther party, that each party is
responsible [or allY obI i'laliol\:l incurred after separation of
their own and that any tax liabi 1 ily on intcrcst income from
the escrow funds he]d at Keystone Financial will be paid in
full by Richard L, Saxman on his income tax return. So any
accrued interest for 1999 or the year 2000 will be
attributed to Richard L, Saxman and the tax liability paid
by him.
7.
any
the
It is
right,
other,
understood by the parties that each party waives
title, and claim to any costs or legal fees from
MS. LINDSAY: Is that agreement satisfactory
8. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or
future laws of any jurisdiction to share in the property or
the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims,
MS. LINDSAY: Mrs. Saxman, did you hear the
agreement that was dictated by Mr. McKnight?
MRS. SAXMAN: Yes.
to you?
MRS. SAXMAN: Yes.
MS. LINDSAY: Did you understand what it was
that he said, the division that he said?
MRS. SAXMAN: Yes. I did.
MS. LINDSAY: Do you hdVP ilny 'lue:;lion:; "bout
it now?
MRS, SAXMAN: The only question that I had
was about when does the check I get now from Domestic
Relations terminate,
MS, LINDSAY: Okay. You heard him say that
upon the entry of a divorce decree the amount of alimony __
the alimony pendente lite will terminate and alimony will be
entered in the amount of $750,OO?
MRS. SAXMAN: In other words, I will be
getting a check weekly for the alimony; is that what you're
saying?
MS, LINDSAY: Right,
MRS. SAXMAN: Okay,
IA discussion was held off the record.)
MS. LINDSAY: Do you have any other
questions?
MRS. SAXMAN: No. I assume Dick I
received something from PNC, this is in regards to the
interest on the house for last year or that was paid. Now,
I assume that he is the one deducting that from his social
security. I would have to know that.
(A discussion was held off the record.)
MS. LINDSAY: After a discussion off the
record we determined that the interest paid on the marital
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SAXMAN d""'", c:ompIllnl March 26. 1999
EMMA M. SAXMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99. I r?o CIVIL TERM
IN DIVORCE
vs.
RICHARD L. SAXMAN,
Defendant
.cQMf!,.AJtfi
EMMA M. SAXMAN, Plaintiff. by her attorneys, FLOWER, FLOWER & LINDSAY, P,C.,
respectfully represents:
1. The Plaintiff is Emma M. Saxman, who currently resides at 2 Wexford Court, Carlisle.
Cumberland County, Pennsylvania, where she has resided since 1991.
2. The Defendant is Richard L. Saxman, who currently resides at 2 Wexford Court, Carlisle,
Cumberland County, Pennsylvania, where he has resided since 1991.
3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
COUNT I . DIVORCE PURSUANT TO
23 Pa. C.S.A. &3301lcl and &3301ldl
4. The Plaintiff and Defendant were married on June 30, 1978, in Philadelphia,
Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between the parties in
this or in any other jurisdiction.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not request
counseling.
SAXMAN dIYOtCe~" Mllch2~.I999
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I, the undersigned, hereby verify that the statements made herein are true and correct.
understand that false statements herein are rnade subject to the penalties of 18 Pa. C.S. ~ 4904,
relating to unswom falsification to authorities.
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Emma M. Saxman
Date: .3 -.;( t:: - tj r
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreel
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, "
Divorce Masler
Trecl .10 COlyer
Oflice Manager/Reporter
West Shore
697,0371 EXI, 6535
Carol J. Lindsay
Attorney at Law
FLOWER, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013
June 29, 1999
Marcus A. MCKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
RE: Emma M. Saxman vs. Richard L. Saxman
No. 99 - 1870 Civil
In Divorce
Dear Ms. Lindsay and Mr. MCKnight:
By order of Court of President Judge George E. Hoffer
dated June 24, 1999, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on March 3D, 1999, raising
grounds for divorce of irretrievable breakdown of the marriage
and indignities. The complaint also raised the economic claims
of equitable distribution, alimony, alimony pendente lite, and
costs.
Mr. McKnight has filed the motion for appointment of
Master although I do not see a praecipe entering his appearance
in the action. I am, however, going to assume that he is
representing the Defendantl Richard L. Saxman.
I also assume that there is no issue with respect to
grounds for divorce and that the parties will either sign
affidavits of consent or have been separated for a period in
excess of two years.
There does not appear to be any documents in the file
except the complaint, the motion for appointment of Master, and
an order of Court relating to alimony pendente lite.
Consequently I I assume that the case is prematurely before
"
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Ms. Lindsay and Mr. McKnight, Attorneys at Law
11 June 1999
Paae 2
me since there does not appear to have been any discovery I the
action having been just recently filed in March 1999.
consequently I I am going to allow counsel some time to
complete any outstanding discovery issues regarding assets and
valuations before having the pretrial statements filed.
Therefore, I am directing each counsel to file a pretrial
statement in accordance with P.R.C.P. 1920.33(b) on or before
FridaYI August 27, 1999. Upon receipt of the pretrial
statements, I will immediately schedule a prehearing conference
with counsel to discuss the issues and, if necessary, schedule a
hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: sanctions for failure to file the pretrial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING
COUNSEL.
* FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE
MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING
VACATED.
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March 7, 2000
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Marcus A. McKnighl, III
Irwin McKnight & Hughes
West Pomfrel Professionallluilding
60 Westl'omt"ret Street
Carlisle, P A. 17013.3922
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RE: Rlcbard L. Saxman. SSN: 159.30-2385
Dear Mr, McKnight:
Listed below are responses to the questions outlined in your February 18, 2000 letter to Robert Becker
with regards to the above referenced STERlS' Associate:
1. Mr. Saxman's date of hire with American Sterilizer Company is April 6, 1970.
2. Mr. SllXman did not have a 40 1 (k) plan or a retirement plan as of his hire date with
American Slerilizer Company.
3. There was no value in his 401(k) plan or reliremenl account as of June 30, 1979, his date
of marriage.
4. The value of Mr. SllXman's retirement accounts as of March 30,1999:
AMSCO ERA Balance = $ 100,192.32
STERlS 401(k) Plan = $ 0.00
5. The current value or Mr, Saxman's retirement accounts as of March 7, 2000:
AMSCO ERA Balance = $ 63,767.30
STERIS 401(k) Plan = $ 117.12
If you have any other questions please contact me at (440) 392-7118,
Sincerely,
~flOJ.wdI.l.0-~U)
Trina Rauscher-Cooper
Manager, Associate Benefils
cc: Mr, Robert L. Saxman
STEAlS Corpor.:tllon . 5960 Hcislcy Aoad . Menlor. OH 44060-1834 USA. 440-354.2600
SAXMAN pre.Ir1lII.lalemenl Augua127, 1m
1/. EXPERT WITNESSES
None anticipated at this tirne.
III. LA Y WITNESSES
No other anticipated at this time.
IV, PLAINTIFF'S INCOME
Mrs. Saxman receives Social Security in the amount of $462,00 per rnonth. She receives
alimony pendente lite in the amount of $1,021.07 a month.
V, PLAINTIFF'S EXPENSES
Attached is Plaintiffs Incorne and Expense Statement prepared for a June, 1999 support
conference. Plaintiff will provide an up-dated expense staternent at the hearing.
VI. PENSION
Mrs. Saxman has no pension plan or retirement benefits other than Social Security.
VI/. COUNSEL FEES
Plaintiff reserves the right to amend the Complaint to add a Count for counsel fees. If this
matter settles prior to a hearing, Plaintiff will not so amend her Complaint.
VIII. PERSONAL TY
The household goods have been satisfactorily divided between the parties.
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SAXMAN p'..ltIalllalllTMlnl Augul127, 1999
IX. MARITAL DEBT
To Plaintiffs knowledge, there is no marital debt other than the mortgage on the marital
home.
x PROPOSEDRESOLUnON
Plaintiff seeks 60% of the marital estate and alimony and the present arnount of the alimony
pendent lite. Plaintiffs medical condition makes it imperative that she have sufficient alimony to
provide for her own reasonable needs and for MediGap insurance.
FLOWER, FLOWER & LINDSAY, P.C,
Attorneys for Plaintiff
By:
Carol.J. L
ID#
11 East High Street
Carlisle, PA 17013
(717) 243-5513
': !
EMMA M. SAXMAN.
Plaintiff
: IN TilE COURT 010' COMMON PLEAS OF
: Cl'l\18ERLAND COUNTY. PENNSYLVANIA
v.
<.:lVII, ACTION - I.A W
99.IH711 CIVIL TERM
RICIIARD 1.. SAXMAN.
Defendant
IN mVORCE
PRE-TRIAL STATEMENT
AND NOW comes the Defendant. RICHARD L. SAXMAN. by and through his
attorneys, IRWIN. MCKNIGHT & HUGHES, Esquires, and tiles this Pre-Trial Statement as
r~quired by Rule 1920,33 of the PA Ruk's of Court. setting t(lrth as follows:
I. Backl!round: The husband is Richard L. Saxman, age 62, who is a service technician
for Steris Corporation. He services hospital equipment in the Central Pennsylvania region. The
parties were married on June 30. 1978. This is the second marriage for both parties.
Mr. Saxman has a nct income of Two Thousand Six Hundred Twenty-One and 67/100
($2.621.67) Dollars per month, Mrs. Saxman has Social Security income of Four Hundred Fifty-
Eight and no/IOO ($458.00) Dollars per month. Mr. Saxman pays and Mrs. Saxman receive
alimony pendente lite in the amount of One Thousand Twenty-One and no/IOO ($1.021.00)
Dollars per month.
The marital home is listed for sale at One Hundred Nine Thousand Nine Hundred and
no/lOO ($109,900,00) Dollars, It has not yet sold.
Health Issues: Mrs. Saxman has a history of lymphoma which appears to be in
remission. Mr. Saxman has been treated for prostate cancer,
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VII. Counsrl Frrs: 1I11ve not heen requested hy the panics.
VIII. Marital Drbt: There is no marital deht except the mongage 10rNC Bank in the
amount of Three Hundred Forty and noli 00 (S340.00) Dollars per month which is paid by
husband.
IX. ProDosrd Distribution: The husband seeks a distribution oflhe marital assels on
a 50-50 basis aner consideration of his contribution of non-marital assets to the purchase of the
marital home. Ancr distribution of the marital assets, he docs not believe that alimony is
appropriate,
Resprctfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(7171249-2353
Supreme Court I.D. No. 25476
Date: September 9, 1999
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SAXMAN divorce compl~inl May 19, 1999
,
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EMMA M. SAXMAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99. 1870 CIVIL TERM
IN DIVORCE
PlaIntiff
V5.
RICHARD L. SAXMAN,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please schedule a hearing on the Petition for Alimony Pendente Lite as filed in the
Complaint for Divorce on March 30, 1999.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
D.te~ ",I[Q1
. .
DRS ATTACHMENT FOR APL PROCEEDINGS
PETITIONER: EMMA M, SAXMAN
DOB: AUGUST 27, 1931 SSN: 193,24,9792
ADDRESS: 2 WEXFORDCOURT, CARLISLE, PENNSYLVANIA 17013
PHONE: 258,3739
ATTORNEY: CAROL J. LINDSAY
PETITIONER'S EMPLOYMENT: NONE (RETiREMENT/SOCIAL SECURITY)
How LONG?
NET PAY: 458,00 PER MONTH
JOB TITLE: N/A
OTHER INCOME: (INCLUDE AMOUNT AND SOURCE)
RESPONDENT: RICHARD L. SAXMAN
DOB: AUGUST 13,1937 SSN: 159-30-2385
ADDRESS: 2 WEXFORD COURT, CARLISLE, PENNSYLVANIA 17013
PHONE: 258-3739
ATTORNEY: MARCUS A. MCKNIGHT, III
RESPONDENT'S EMPLOYMENT: STERIS CORP
How LONG? 20 YEARS
NET PAY: $590.00 PER MONTH
JOB TITLE: SERVICE TECHNICIAN
OTHER INCOME: (INCLUDE AMOUNT AND SOURCE)
OVERTIME
WHEN MARRIED: JUNE 30, 1978 WHERE: PHILADELPHIA, PA
DATE SEPARATED:
WHERE LAST LIVED TOGETHER: 2 WEXFORD COURT, CARLISLE, PA 17013
FOR DRS INFORMATION ONLY
EMMA M. SAXMAN,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 1870
RICflARD L. SAXMAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Emma M. Saxman Plaintiff
,
Carol J. Lindsay Counsel for Plaintiff
,
Richard L. Saxman Defendant
,
Marcus A. McKnight, III Counsel for Defendant
,
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9
Hanover Street, Carlisle, Pennsylvania on the
of
place and
witnesses
at
time you will be given the
and exhibits in support of
a.m., at
North
day
which
opportunity to present
your case.
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Date of Order and
Notice:
By:
Divorce Master
IF YOU DO NOT f1AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE (717) 249-3166
No, qq. 1~70 Clv,l TutVI CCT 221S99
be.. ;1'3 l#;l..'1r
CUMBERLAND COUNTY DOMESTIC RELATIONS
Date of Appllc:llion: 10/21/99 RcqUCJI for Support Record Search
SAXMAN RICHARD
(Lul) (Fit'"
Address: 2 WEXFORD COURT. CARLISLE, PA
Social S"urilY Number: 159-30-2385
Domcsllc Relalions Case Number If Known:
Pany Requesrinlllnfonnlllion: Christopher C. Houston.
(Prlnl Nlme of Fln1l Nlme)
52 West fret Sereet,
( <as
L.
(MI)
Name:
17013
0.0.8,:
UNKNOWN
.D'VH~C€:
Esquire
9 q.li7tJ CIII:'
Csrlisle, PA 17013
241-5970
(Telephone Number)
241-6970
(F.~ Number) SllllllUre)
A Ten Dollar (510.00) Fee II Due per Soebl Security Number
Make check or money order payable to: DRSlLlell Search
x
INITIAL REQUEST
Has No Record in Domestic Relations as of:
(Date)
Support Arrears As of End of Month Prior to Date of Application: S 13"'0. 00
Monthly Total Support Obligation: S 155. '10 I month
,
The Amount shown above is reflected in the Domestic Relations Section
Office of Cumberland County, PeMsylvania. (YIll.tYl bu tJ:. ~D'6 31 Ot) z. "if 'f
Domestic Relations Case Number: -PM'; Q..:i:#:- 80710 J 0 q 7
Signed:
1(J-22-99
(Olin)
BRING-DOWN REQUEST
Support Arrears: $
Signed:
As Of:
(Ootn)
(Oirector/Assisllnf Director/Lien Coordln3tor)
(Dale)
".Lien Satisfied Receipt Available Upon Request."
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transferred into an IRA account to be established by the
wife, Emma M. Saxman, at an institution of her choice.
Within ten (10) days of today's date1 she will provide
whatever information we need and within ten (10) days of
today's date, Richard L. Saxman will provide information,
through counsel, regarding the needs and requirements to
transfer that 50% of the balance to Emma M. Saxman.
2. Of the escrow account from the sale of the real estate
currently being held at Keystone Financial, having a value
of approximately $58,471.89, the parties have agreed that
$45,000.00 will be transferred, through counsel, to Emma M.
Saxman, and the balance will be paid to Richard L. Saxman.
Said transfer to be done within ten (10) days. Parties or
counsel will sign whatever documents are necessary to
complete that within the ten (10) day period.
3. From the pension of Richard L. Saxman, the parties have
agreed that 50% of the balance of the STERIS 401(k)/AMSCO
ERA will be distributed to Emma M. Saxman. Again1 within
ten (10) days, Richard L. Saxman will provide I through
counsel, the requirements necessary to do a QDRO to
effectuate that transfer, and again, that would go into an
IRA account of Emma M. Saxman's choosing, and she will
provide within ten (10) days that information to counsel for
Richard L. Saxman.
4. The parties agree that all their personal assets
currently in their possession will remain their sole and own
property and each party waives any right, title, and
interest in the personal assets of the other and that
includes any automobiles. It includes the accounts that
each of the parties had in their respective banks. The wife
had accounts at PNC1 a savings and checking, and husband had
accounts also at PNC savings. Each party agrees to waive
any right, title, and interest in the accounts of the other.
5. With regard to the issue of alimony effective upon the
date the divorce decree is entered, the amount of alimony
pendente lite currently being paid by husband monthly will
be reduced to the amount of $750.00 in regular alimony and
that will remain in effect unless there is a substantial and
continuing change in the circumstances of either party. For
purposes of this reduction1 the current annual income of
Emma M. Saxman is $5,700.00 from social security and from
Richard L, Saxman's employment, his income is $441000.00.
Any substantial and continuous change in circumstances of
either party would have to be to those income amounts. It
is also understood that the alimony would end upon the death
of either party and on the remarriage or cohabitation of
Enuna M. Saxman.
6. It is also understood that there is currently no
marital debt to be paid by either party, that each party is
reaponsiblc for any obligations incurred after separation of
their own and that any tax liability on interest income from
the escrow funds held at Keystone Financial will be paid in
full by Richard L. Saxman on his income tax return. So any
accrued interest for 1999 or the year 2000 will be
attributed to Richard L. Saxman and the tax liability paid
by him.
7. It is understood by the parties that each party waives
any right, title, and claim to any costs or legal fees from
the other.
8. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or
future laws of any jurisdiction to share in the property or
the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other I and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
MS. LINDSAY: Mrs. Saxman, did you hear the
agreement that was dictated by Mr. McKnight?
MRS. SAXMAN: Yes.
MS. LINDSAY: Is that agreement satisfactory
to you?
MRS. SAXMAN: Yes.
MS. LINDSAY: Did you understand what it was
that he said1 the division that he said?
MRS. SAXMAN: Yes. I did.
'.
MS. LINDSAY: Do you have any questions about
it now?
MRS. SAXMAN: The only question that I had
was about when does the check I get now from Domestic
Relations terminate.
MS. LINDSAY: Okay. You heard him say that
upon the entry of a divorce decree the amount of alimony __
the alimony pendente lite will terminate and alimony will be
entered in the amount of $750.007
MRS. SAXMAN: In other words, I will be
getting a check weekly for the alimony; is that what you're
saying?
MS. LINDSAY: Right.
MRS. SAXMAN: Okay.
(A discussion was held off the record.)
MS. LINDSAY: Do you have any other
questions?
MRS. SAXMAN: No. I assume Dick I
received something from PNC1 this is in regards to the
interest on the house for last year or that was paid. Now,
I assume that he is the one deducting that from his social
security. I would have to know that.
(A discussion was held off the record.)
MS. LINDSAY: After a discussion off the
record we determined that the interest paid on the marital
SAXMAN qdro MIY ~ 2, 2000
,
5. The Alternate Payee's name, mailing address, Social Security Number and date of
birth are:
Emma M, Saxman
926 Rockledge Drive
Carlisle, Pennsylvania 17013
SS# 193-24-9792
Date of Birth: August 27, 1931
6. The Participant's Plan benefits shall be distributed to the Altemate Payee and the
Participant under this aDRO as follows:
Fifty percent (50%) of the Participant's STERIS Corporation 401(k) Plan.
Further, such proceeds shall include all amounts maintained under all of the
various accounts and/or sub-accounts established on behalf of the Participant.
Such proceeds shall be determined without regard to any account reduction "
caused by Participant's prior loan(s), if any, from the Plan.
The Altemate Payee's portion of the benefits described above shall be
segregated and separately maintained in an account established on her behalf
and shall additionally be credited with any interest and investment incorne,
(gains and losses) attributable thereon from March 23, 2000 until the date of
total distribution to the Alternate Payee.
/II. Recitals Pursuant to Code Paraaraoh 414(0)(3)
7. This aDRO does not require the Plan to provide any type or form of benefit the Plan
does not otherwise provide.
8. This aDRO does not require the Plan to provide increased benefits.
... -'.
SAXMAN QOto M.~ 12,2000
,
9, This QDRO does not require the Plan to pay any benefits which another order
previously detenmlned to be a Qualified Domestic Relations Order requires the Plan to pay to
another Altemate Payee,
IV, Time and Manner of Payment
10, The Plan shall pay, in lump surn, the amount designated in Paragraph 6 of this OORO
(together with allocable earnings, gains and losses as the Plan determines to the date of payment)
to the Altemate Payee. The Plan shall transfer this amount as soon as administratively feasible.
11. This ODRO does not require the Alternate Payee's consent to the distribution, and the
Plan may distribute the amount described in Paragraph 10 or this Part IV without obtaining any
further consent frorn the Alternate Payee, provided, however, that said Altemate Payee may elect a
direct rollover to another qualified plan or individual retirement account.
12. If the Plan does not permit an immediate distribution of the amount described in
Paragraph 10 of this Part IV, the Plan shall pay that amount at the Participant's earliest retirement
age as defined by Code Paragraph 414(p)(4)(B).
13. After payment of the amount required by this ODRO, the Alternate Payee shall have
no further clairn against the Participant's interest in the Plan.
14, The Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this ODRO.
15. Until the Plan's complete payment of all benefits pursuant to this QORO, the Plan shall
treat the Alternate Payee as a surviving spouse for purposes of Code Paragraph 401(a)(11) and
417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in
Paragraph 6 of this OORO. The sole purpose of this Paragraph 15 is to ensure payment to the
SAXMAN qdro May 12, 2000
Altemate Payee in case of Participant's death prior to payrnent by the Plan of the amount described
in Paragraph 6 of this OORD, In case of the Alternate Payee's death prior to the payment by the
Plan of all benefits pursuant to this OORO. the Alternate Payee's beneficiary shall be the Altemate
Payee, and the Plan shall pay the remaining benefits under this ODRO to the Altemate Payees
beneficiary as the Alternate Payee. The Aftemate Payee may file a written beneficiary designation
with the Plan's Administrator, If the Altemate Payee fails to file a written beneficiary designation with
the Plan's Administrator, the Plan shall treat the Alternate Payee's estate as the Altemate Payee's
beneficiary.
V. Procedure for Processlna this QDRO
16. The Plan shall treat this ODRO in accordance with Code Paragr:;Jph 414(p)(7). While
the Plan is determining whether this Order is a Oualified Domestic Relations Order, the Plan
Administrator shall separately account for the amounts which would have been payable to the
Alternate Payee while the Plan is determining the qualified status of the ODRO.
17. The Plan Administrator promptly shall notify the Participant and the Altemate Payee of
the receipt of this ODRD and shall notify the Participant and the Altemate Payee of the Plan's
procedures for determining the qualified status of this QDRO. The Plan Administrator shall
determine the qualified status of the ODRO and shall notify the Participant and the Altemate Payee
of the determination within a reasonable period of time after receipt of this ODRO.
18. The Court shall retain jurisdiction with respect to this Order to the extent required to
maintain its qualified status and the original intent of the parties.
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EMMA M, SAXMAN,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION. LAW
NO, 99-1 B70 CIVIL TERM
RICHARD L. SAXMAN,
Defendant
IN DIVORCE
~
AND NOW this J1..: day of , 2002, upon
the Stipulation of the parties, it appeari g that e Defendant Richard L. Saxman will retire
in late July of 2002, we hereby order and direct as follows:
1. The obli9ation of Richard L. Saxman to pay alimony to the Plaintiff Emma M,
Saxman shall terrninate absolutely as of July 31, 2002,
2, After collectin9 any balance owed on the alimony order as of July 31, 2002,
the Domestic Relations Office shall terminate this case,
BY THE COURT,
J,
Distribution:
Carol J. Lindsay, Esquire (Attorney for Plaintiff)
26 West High Street, Carlisle, PA 17013
~ 'S./9.0)...
Samuel L. Andes, Esquire (Attorney for Defendant)
525 North 12th Street, Lemoyne, PA 17043
~
9-.
EMMA M, SAXMAN,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO. 99-1870 CIVIL TERM
RICHARD L. SAXMAN,
Defendant
IN DIVORCE
STIPULATION
AND NOW come the above-named parties, with their attorneys, and stipulate and
agree as follows:
1 . Because of the retirement from employrnent of the Defendant Richard L.
Saxrnan in late July 2002, the obligation of Richard L. Saxman to pay alimony to the
Plaintiff Ernma M, Saxman, effective at the end of July 2002.
2. To the extent necessary to terrninate Mr, Saxman's alimony obligation, the
agreement reached before the parties with the Master, as set out in the transcript of that
a9reement dated 23 March 2000, is hereby rnodified to terminate Mr, Saxman's alimony
obligation.
3. Any alirnony order entered in this matter shall be terminated effective 31 July
2002 and, after collecting any arrears due under that order as of that date, the Domestic
Relations Office shall close its file,
4. The parties acknowledge that this Stipulation shall be filed with the court to
obtain an order irnplementing its terms.
IN II)(ITNESS WHEREOF the parties and their counsel have set their hands and seals
this 12. ~ day of V'""" AI , 2002.
-~
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CA~ J;L;~ SA; ·
Attorney torPlaintiff
&L:~
Attorney for Defendant
ff,~i""1ll(L J J ~l/t' -1-/:'< -lei
EMMA M. SAXMAN
'~
jUN 2.1t 2002
DR 28628
PACSES ID # 807101097
EMMA M. SAXMAN,
Plaintiff
vs,
)
)
)
)
)
I
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RICHARD L. SAXMAN.
Defendant
NO. 99.1870 CIVIL TERM
IN DIVORCE
PETITION TO TERMINATE ALIMONY
AND NOW comes the above.named Defendant, by his attorney, Samuel L. Andes,
and petitions the court to terminate the alimony order previously entered in this matter,
based upon the following:
1, The Petitioner herein is the Defendant, Richard L. Saxrnan. The Respondent
herein is the Plaintiff, Emrna M. Saxman.
2, The parties are formerly husband and wife and were divorced by a final decree
entered by this court, to the above term and number on 12 April 2000.
3, At the time the court entered its final decree in divorce it adopted the terms and
provision of a Property Settlement Agreement reached by the parties before the Master.
A copy of the transcript outlining the terms of the parties' settlernent agreement was
attached here and incorporated into the final decree in divorce.
4. Paragraph 5 of the agreement reached by the parties, as incorporated into the
final decree in divorce in this action, provided as follows:
With regard to the issue of alimony effective upon the date the divorce
decree is entered. the amount of alimony pendente lite currently being paid
by husband monthly will be reduced to the amount of $750,00 in regular
alimony and that will remain in effect unless there is a substantial and
continuing change in the circumstances of either party, For purposes of this
reduction, the current annual income of Ernrna M, Saxrnan is $5,700.00 from
social security ancl from Richard L, Saxman's employment, his income is
..
$44.000.00. Any substantial and continuous change in circumstances of
either party wOldd have to bo to thoso in corne amounts. It is also
understood thaI t he alimony would end upon the death of either party and on !
the remarriage or cohabitation of Ernma M, Saxrnan. r
5. Defendant will be 65 years of age in the near future and intends to retire frorn
active employrnent and commence receipt of his social security benefits in July of 2002.
As a result, of that retin:ment, Defendant's income will be significantly reduced and will,
in fact, be less than one half of the income he enjoyed at the tirne the parties negotiated
the alimony amount.
6. As a result of the substantial and permanent change in Defendant's financial
circumstances, he will not be able to pay the alimony as the parties agreed at the date of
their divorce.
7. Because of the: agreement of the parties, and the expectations they had at that
tirne that alimony woulel be modified in the future as their financial circurnstances
changed, Defendant is entitled to have the alimony payment elirninated entirely or, in the
alternative, reduced,
WHEREFORE, Defendant prays that this court terminate the alimony payment in
this matter and excuse hirn from paying alimony any further.
D _..qf)Q ~
fam~~, Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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ORDER/NOTICE TO W)THHOJ.D INCOME WR SUPPORT
i:Jf /11'1'1. IUt, (Il1ll.
Slale Commonweallh of ppnn.vlvanlo 1/ '" r ~', . I) (, It)?/
CoiCily/Disl. of CUMBERLl\ND II { ,0', 1 I, '/
DaleofOrder/Nolice 10/07/02 f)J<:/I(..;.;j
Tribunal/Case Number (Sf!(! Addendum for rase summary)
HI : SAXMAN , R I CHARD L.
f rnployrr/OhligDt'\ NJmr (lJ~I, I ir~l, Mil
OOriRinoll Or~r!Nofic'e
o Amrndtod O,dl'rINoIin'
(8) lrrminJl1' Oflf~r/Nohc(O
f mploy('rlWilhholder's r ('(INoll fiN Numlx>r
AMERICAN STERILIZER COMPANY
5960 HElSLEY RD
MENTOR OH 44060-1834
159-30-2385
l mptoyl'e!ObJigor's Soci.1I Security Number
6083100284
r mploy('('/Obligor's Case Identifier
(5,.. Addtndum lor pI~intlfl Mm.,
.JJod.t.d with C.,., on a"adun.nV
Cusfodi.:1I Pdren!'s Name (Last. First, Mil
Sf!(! Addendum for dependent names and birlh dates associated with cases on allaehment.
OIWER INFORMA TlON: This is an Order/Notire 10 Withhold Inenme for Support based upon an order for support
from CUMBERLl\ND Counly, Commonwedhh of Pennsylvania. By law, you are required 10 deduetlhese
amounls from Ihe above-named employee's!obligor's income until further noliee even if the Order/Nolice is not
issued by your Slate.
$ 0.00 per monlh in currenl support
$ 0.00 per month in pasl,due support Arrears 12 weeks or grealer? Oyes Gi) no
$ 0.00 per monlh in medical support
$ 0 . 00 per monlh for genelic lesl costs
$ per monlh in other (specify)
for a lolal of $ 0 . 00 per monlh to be forwarded 10 payee below.
You do not have 10 vary your pay cycle to be in compliance with the support order. If your pay cycle does not malch
Ihe ordered support paymenl cycle, use the following 10 delermine how much 10 withhold:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (Iwice a monlh).
$ 0 . 00 per monlhly pay period,
REMtTTANCE INFORMATION:
You musl begin wilhholding no later than the first pay period occurring len (10) working days after Ihe dale of Ihis
Order/Noliee. Send paymenl wilhin seven (7) working days of Ihe paydaleldale of withholding. You are entitled 10
deducl a fee 10 defray the COSI of withholding. Refer 10 Ihe laws governing Ihe work state of your employee for the
allowable amount. The lotal wilhheld amounl, and your fee, cannot exceed 55% of the employee's! obligor's
aggregate disposable weekly earnings. For the purpose of Ihe Iimitalion on withholding, Ihe following information is
needed (See #10 on pg, 2).
If remitting by EFT/EDI, please call Pennsylvania State Colleclions and Disbursement Unit (SCDUl Employer
Cuslomer Service at 1-877-676-9580 for inslructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69111., Harrisburg, Pa 17106.9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER tD (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Dale of Order: f) c-.J ?5 )..0 0 2.
4- ,
Service Type M Ol,lBNo.:O'J70_tll'jJ
Jl-' C'(-
Form EN-028
Worker 10 $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o "[ht~'ke" YoY at(' ""lul""llo "rpyi,lo. ropy of Ihi. form 10 your ..mf'loy..." If YoYr omploYl'.. work. in a .Iale Ihat I.
dlff('lrnllrom Ihe "alr Ih.1 i"urd n", Onler, " copy mU'IIK, provilled 10 yoor ('mploy",' ('von If Ihe box i. nol chl'<ked,
I. We apr'll'< iale Ihe volunlary compli.n... of r odrrally r('(ogni/rd Indian Irib<-., l"h.IlY<lwn(~f bu,ine"e., and Indian-owned
businessrs lor died on tl rrwlV.tfton Ihdl choo\(' 10 withhold in dfCorddnce wilh Ihi\ nOllc(".
2, Prlorily: Wilhholding und.. Ihi. Ordl'r/Nolirr ha. priorily OVer any olher IrllJI 1"'''0'' und.. SI.le law allJin51 Ihe .ome income.
federal I.. l!'Vi", in ef(I'<1 brfo,," ""eipl of Ihi, (m'er h.ve priorily, If Ihe"'.re r"ler.II., I('vi... in ef((,<1 plo,,,o conlar1lhe rrqUl'Sling
agency Ii.led brlow,
3. Combining Paymenh: You c.n combino wilhhelel "mounl, frnm morelh.n on. .mpli>y..../ubligor'. incom. in a .ingle p.ymemlo
odch agency rrque'llng wilhhulding, You mu'l, howowr, "I"'''tely idenlify Ihe pan ion of Ih.. .ingle Ildymenllhol i. onribulablelo each
emploYro'obligor.
4. '-RtpOIling~ Payd~o/ Wilhholding: 'You mtnl~r1lh.. paydaloldat<- 0/ withholding when'tnding Ihrpaym."t -T~
pa)dol<ldat<- 0/ "ith"olding " ~ dlll<' on whim amoYnl wa. wilhhrld (rom Ih. "",,,~" wagr., You mu'l comply wilh Ihe law o( Ihe
.tale of Ihe emploYl.'e's!obligo(. principal place o( .mploymenl wllh ""'0<'<110 Ihe lime period. wilhin which you mu51 implemenllhe
wilhholding order and forward Ihe .upport poymonl.,
5,' Empfoyte/Obligor wllh Muftipfr Support Holdings: Ii Ihere I. more Ihan one Order/Nolier 10 Wilhhold Income (or Support agoin'l
Ihi. employee/obligor and you are unable 10 honor.1I .upport Order/Nolier. e1uelo rederal or SI.1e wilhholding Iimil., you mU'1 follow
Ihe law o( Ihe SIale o( employee's!obligor'. principal pl.lee of employment You mU'1 honor all Orders/Nolier. 10 Ihe greOle51 exlem
possible, (See #10 below)
6, Termlnallon Notirtcalion: You mu51 prompUy nolily Ihe Reque.ting Agency when Ihe employee/obligor i. no longer working (or you,
Please provide (he infonnation requested Jnd relurn a copy of this Order/Notice 10 the Agency identified below.
WITHHOLDER'S 10: 2503209600
EMPLOYEE'Sl08L1COR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
SAXMAN. RICHARD L.
6063100284 DATE Of SEPARATION:
7. Lump Sum Payments: You may be required 10 report and withhoid from lump sum payments such as bonuses, commi"ions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
B. Liabilily: I( you (ail to wilhhold income as Ihe Order/Nolier dilecl., you ..eliahle (or both Ihe accumulated amounl you .hould have
wilhheld from Ihe employee/obligo(. income and other penahies sel by Penn.ylvanio State law, Pennsylvania Slole law govems unless
Ihe obligor is employed in anolher Slale, in which case (he law of (he Slale in which he or she is employed governs,
9. Antkliscrimlnalion: You are .ubject 10 a fine determined under Slale law for di"horging an employee/Obligor (rom employmenl,
refusing 10 employ, or laking diSciplinary action againolany employee/obligor becau.e o( a suppon withholding, Pennsylvania Slate law
govems unle" Ihe obligor i. employed in onolher Slole, in which case Ihe law oflhe ~Iale in which he or she is employed govern.,
10.' Wilhholding limits: You may nol wilhhold more Ihan Ihe le"er 0(; 1) Ihe .mounts allowed by Ihe Federal Consumer Credil
Prolection Act (15 U,S.c. 91673 (b)1; or 2) Ihe amounl. allowed by Ihe State of Ihe employee's!obligo(s principal place of employmem.
The Federallimil applies 10 the oggregale dispo.able weekly earnings (ADWE), AOWE i. Ihe nel income leh aher making mandolOry
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11, Addilionol'n(o:
. NOTE: If you or your agenl are served with a copy of this order in Ihe state that issued the order, you are 10 follow Ihe
law of the Slate that issued this order wilh respeel to Ihese ilems.
Submitted By: I( you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contacl WAGE ATTACHMENT UNIT
13 N, HANOVER ST by telephone at (717) 240-6225 or
P.O, BOX 320 by FAX at (717) 740-6248 or
CARLISLE PA 17013 by inlernet :vww.childsupport,slale.pa,us
Service Type M
Page 2 of 2
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