Loading...
HomeMy WebLinkAbout07-7714KATHERINE A. KANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID B. KAHN ; NO 1,yI q Clo t C, Defendant IN DIVORCE NOTICE TO DEFEND 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LIlVDSAY 1M e-JW 26 West High Street Carlisle, PA - By 1 M ?-&2 a Matas, Esquire Su ua Court ID # 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 1 KATHERINE A. KANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW NO. DAVID B. KANN Defendant IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Katherine A. Kann, an adult individual currently residing at 984 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is David B. Kann, an adult individual currently residing at 16 Deer Drive, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4, Plaintiff and Defendant were married on September 10, 1983, in Carlisle, Pennsylvania. 5. There has been no other prior action for divorce or annulment between the parties. 6. Defendant is a member of the United States Armed Forces. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in SAH)IS, FLO LINDSAN WER & counseling. 26 West High Street Carlisle, PA 8 Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Mary ou tas, Esquire Attorney o.84919 Attorney for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS, r'IAWER ? U DSAY J 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. f DATE: aKann, 41aintiffSAMIS, FLOWER & UNDSAY wM-N xs..n:uw 26 West High Street Carlisle, PA A (Ad N w W "If c7 N crz? rn r-a N) 0-1 O rfil 1 i i KATHERINE A. KANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW : NO. 07-7714 DAVID B. KANN Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Jennifer Spears, Esquire, Attorney for Defendant, accept service of the Divorce 1 Complaint in the above-captioned matter by U. S. Mail an ^that I am authorized to do so. U? Date Je nif pears, Esquire E ; RR & LINDSAY 26 West High Street Carlisle, PA C. rya t SAIDIS, LINDSAY ATTORNEYS-Al-LAW 26 West High Street Carlisle, PA KATHERIN, A. KANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW : NO. 07-7714 DAVID B. NN Defe dant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed December 26, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days .. ___? r I zve alapseoron-, the date of riling and service of the Compiaint. 3. 1 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 tote penalties of 18 Pa.C.S. 4904 relating to u rn V to authorities. Date: ` g vid B. Kann, Esquire ANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY DIVORCE DECREE UNDER$ 3301 W OF THE DIVORCE CODE 1 2 lawyer's 0 1J - Court and Prothonot, I vel knowledge, subject to tl Date: I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, or expenses if I do not claim them before a divorce is granted. understand that I will not be divorced ;anti! a Divorce Decree is entered tv +h^ a copy of the Decree will be sent to me immediately after it is filed with the y that the statements made in this Affidavit are true and correct to the best of my information and belief. I understand that f e, statements herein are made penalties of 18 Pa.C.S. 4904 relating to un orh falsification to ,authorities. C-1 t J +J7 KATHERINE A. KANN FILE_ D-OFFICE UF THE PROTHONO I;AAR` vs DAVID B. KANN To the Court: Defendant Print Name Jennifer L. Spears Date: 9,1 ; / _ 2011 SEP - I PM 3: 18 CUMBERLAND COUNTY PENNSYLVANIA Case No. 07-7714 Statement of Intention to Proceed intends to proceed with the above captioned matter. Sign Name _ Attorney for D f e n d a n t Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. OF THE PR© HON©TARY Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE •, ?4 MARTSON LAW OFFICES OEC 21 P" I.D. 87445 CUII E i ?p A AND COUNTY 10 East High Street YLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHERINE A. KANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7714 CIVIL ACTION - LAW DAVID B. KANN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on December 26, 2007. 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. // lau Date: zx / Kathe ne A. Kann, Plaintiff FILED-OFFICE Jennifer L. Spears, Esquire OF THE PROTHONOTARY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER. DEC 21 PM 3: 54 MARTSON LAW OFFICES I.D. 87445 CUM AY,?AN1? ?? 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHERINE A. KANN, Plaintiff V. DAVID B. KANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7714 CIVIL ACTION - LAW IN DIVORCE 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, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver 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. Dat /6//20..- A$ AO&44 1?ww-&" A ?- /W,? atherine A. Kann, Plaintiff F:FILESTlients\12641 Kann\]2641.1.pra Revised: 12/22!11 0:02PM FILED- WTHE OTOHtl OTARY Jennifer L. Spears, Esquire MARTSON DEARDORFF LLIAMS OTTO GILROY & FALLF? 22 PM 121' t 3 MARTSON LAW OFFICES LD. 87445 CUMI J COUNTY 10 East High Street &.MYLV AN iA Carlisle, PA 17013 (717) 243-3341 I Attorneys for Plaintiff PRAECIPE TO TRANSMIT RECORD KATHERINE A. KANN, IN THE COURT OF COMMON PLEAS OF Plain iff CUMBERLAND COUNTY, PENNSYLVANIA V. I NO. 07-7714 CIVIL ACTION - LAW DAVID B. KANN, Def ndant IN DIVORCE To the Prothonotary: Transmit the rec*, together with the following information, to the court for entry of a divorce decree: 1. Code. Ground fot divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and December 31, 2007. 3. Date of of the Divorce Code manner of service of the complaint: via Acceptance of Service on of the Plaintiff's affidavit of consent required by Section 3301 (c) 8, 2011; by the Defendant; December 6, 2011. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated Dece 5. Date P Prothonotary: Decembi with the Prothonotary Date: Zlvfi,,' 19, 2007. s Waiver of Notice in §3301(c) Divorce was filed with the 21, 2011. Date Defendant's Waiver ofNotice in §3301(c) Divorce was filed December 8, 2011. MARTSPly W O FIC S By Jennifer L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE A. KANN V. DAVID B. KANN NO 2007-7714 DIVORCE DECREE AND NOW, 1IA1? 3 A 10 55 At 1611 _, it is ordered and decreed that KATHERINE A. KANN plaintiff, and DAVID B. KANN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All claims are resolved by a Marital Settlement Agreement dated December 19, 2007, which is incorporated but not merged into this Decree. 1 Attest: J. Prothonotary By the Court, eell c??y m?>z e d ? coy vho?? ld °? ? SfoP??s ~~ Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES LD. 87445 10 East High Street Carlisle, PA 17013 (7171 243-3341 Attorneys fi ~r Plaintiff KATHERINE A. KANN, Plaintiff v. DAVID B. KANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7714 CIVIL ACTION -LAW IN D[VORCE MILITARY QUALIFYING COURT ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Acknowledgment. The parties acknowledge that David B. Kann ("Member") is entitled to receive a military retirement benefit based on his service in the Pennsylvania Air National Guard. The parties further agree that his former spouse, Katherine A. Kann ("Farmer Spouse") has an interest in the military retirement benefits and shall receive from David B. Kann's gross disposable military retired pay an amount as set forth below. 2. Continued Cooperation of the Parties. The Member agrees to cooperate with the Former Spoi.ise to prepare an application for direct payment to the Former Spouse from the Member's retired. or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents the United States Military may require to certify that the gross disposable military retired pay can be provided to the Former Spouse. The Former Spouse agrees to notify DFAS about any changes in the Qualifying Court Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. ..~ r ~ ~ " 3. Member Information. The Member's name, mailing address, Social Security Number and date of birth are: David B. Kann 16 Deer Drive Newville, PA 17241. Date of Birth: 3/3/1959 4. Former Spouse Information. The Former Spouse's mailing address, Social Security Number and date of birth are: Katherine A. Kann 7 Heritage Court Carlisle, PA 17015 Date of Birth: 8/25/1963 5. Duration of Marriage Acknowledgment (Compliance with 10/10 Rule). The Member and the Former Spouse acknowledge that they have been married for a period of more than ten (10) years during which time the Member. performed more than ten (10) years of creditable military ser<~ice. The parties were married from September 10, 1983, to December 30, 2011. 6. Assignment of Benefits. The Court assigns to the Former Spouse an interest in the Member's gross disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Member. 7. Observance of Member's Rights Under the Servicemembers' Civil Relief Act (SCRA). "The Member's rights under the SCRA (10 U.S.C. 50 App. § 501 et seq.) were observed by the Court as evidenced by (l) his presence at the legal proceedings, (2) the presence of his legal counsel at the proceedings and (3) his affirmative signature on the separation agreement. 8. USFSPA Jurisdiction (10 U.S.C. 1.408 (c)(4)). The Member and Former Spouse intend that this Order qualify under the USFSPA, 10 U.S.C. Section 1408 and following;. The judicial requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. This Court has the authority to divide military pay under the USFSPA's jurisdictional requirement since: the Member is a resident of the Commonwealth of Pennsylvania other than because of his military assignment. All provisions shall be construed and. modified to the extent necessary in order to qualify as a Qualifi~ing Court Order. 9. Amount of Payments. The .Former Spouse is awarded a percentage of t}~ie Memmber's gross disposable retired pay, to be computed by multiplying 50% times a fraction (less than 1.0), the numerato.~ is 4925 points, divided by the Member's total number of points as of his retirement. In addition to the above, the Former Spouse shall receive a proportionate share of any post-retirement cost of living adjustments ("COLA") made to the Member's benefits on or after the date of his retirement. 10. Survivor Benefit (SBP) for Former Spouse: The Court hereby orders that the Former Spouse shall lie treated as the Member's irrevocable beneficiary under the Survivor Benefit Plan ("SBP"1 Aiu~uity through Member's military retirement and Member shall execute such paperwork as is required to make or extend the election of Former Spouse as said beneficiary. The cost of they SBP will be deducted from Member's gross retired pay prior to distribution. The "Base Pay'' to be used in deternlining the Former Spouse's SBP coverage shall be calculated by multiplying the coverture fraction as set forth in Section 9 by 91 % further multiplied by the Member's Gross Disposable Ketired .Pay. The intent of this Section 10 is to provide the Former Spouse with the same level of benefit payments after the Member's death as she was receiving (or eligible to receive) before his death, but without regard to any COLA increases the Former Spouse may lave received after the Member's date of retirement. 11. Duration of Payments. The monthly payments under Paragraph 9 shall commence to the Former Spouse as soon as administratively feasible following the commencement of Member's gross disposable retired pay and shall continue during the joint lives of the parties, and to the extent permitted under the law, irrespective of the future marital status of either of them. 12. OverFayments. The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 13. Merger of Benefits and Indemnification. The Member agrees not to merge the Member's disposable military retired pay with. any other pension and not to pursue any course of action that would defeat the Former Spouse's .right to receive a portion of the disposable military retired pay of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has ~- vested interest and, therefore, the Member will not cause a ]imitation of the Former Spouse's monthly payments as set forth above. "the Member agrees to indemnify the Former Spouse for any breach of this Paragraph 15 as follows: If the Member bectomes employed or otherwise has his military pension merged, which employment or otl~-er condition causes a merger of the Member's disposable military retired pay, the Member wits pay to the Former Spouse directly the monthly amount provided in Paragraph 9 under the same terms and conditions as i1~~ those payments were made pursuant to the terms of this Order. 14. Direct Payment by Member. If any month direct payment is not made ~to the Former Spouse b~~ L)FAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called for above directly to Former Spouse by the fifth day of each month i.n which the military pay center fails to do so, beginning on the date that :Former Spouse would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (ie disability) benefits or any amounts received by Member as a result of an early-out provision, such as VSI or SSB benefits, 15. Actions by Member. If the Member takes any action that prevents, decreases, or limits the collection by the Former Spouse of the sums to be paid hereunder, he shall make payments to the Fornler S1-~ouse directly in the amount sufficient to neutralize, as to the Fornler Spouse, the effects of the ~~etions taken by Member. 16. Submission of Information. The parties acknowledge that the following items must be sent by the F~ermer Spouse to Defense Finance and Accounting Service Cleveland/Code L, Garnishment C~eration, P.O. Box 998002 Cleveland, OH 44199-8002. The Member agrees to provide anv of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouses is unable to obtain. a. A copy of this Domestic Relations Order that divides retired pay and any decree that approves this Order certified within ninety (90) days immediately preceding its service on the applicable military pay ,enter for the Pennsylvania National Guard. b. A completed DD-?293 form. 1?. Continued Jurisdiction. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Former Spouse of the military retirement benefits awarded her;~in., including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award (in the sum of benefits payable plus future cost-of- living adjustments) in the event that the Member fails to comply with the provisions contained above requiring said payments to the Former Spouse by any means. including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to the Former Spouse as set forth herein, or if the Member fails to comply with the provisions contained above requiring said payments to the F~'ormer Spouse. 18. 'Taxes. "I'he Former Spouse shall be Liable for any federal, state or local income taxes associated with her assigned share of the disposable military retired pay. 19. Discovery. The Member hereby waives any privacy or other rights as mazy be re~~uired for the Former Spouse to obtain information relating to the Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 20. ti~otice of Pending Retirement. The Member shall be required to notify the Former Spouse. in writing, within thirty (30) days prior to his actual date of retirement. Such notice shall indicate his intentions to retire and his elected benefit commencement date. The notice shall be sent via regular, first class mail. For this purpose, the Former Spouse shall notify the Member of any changes in her mailing address. 21. Delayed Retirement. In t:he event Member elects to delay his effective date of retirement beyond the date on which he could commence his monthly retired pay, and later receives retl•o~active payments upon his actual benefit commencement date that are attribul:able to the sia: (6) ye4~r :retroactive limitation interval, the Former Spouse shall be entitled tee a "pro-rata" share of such retroactive payments based on the provisions set forth above for defining her assigned share of the Member's retired pay. If, for any reason, the DFAS does not make the required retroactive payments to Former Spouse in accordance with the provisions contained herein, then 1•,~[ember shall be required to make direct payments to Former Spouse as he receives such retroactive payments in order to carry out the terms of this Order. 22. Additional Awards. For the purposes of interpreting this Court's intention in making the division set out in this Order, "military retirement" includes gross disposable retired pay paid or to which A%[ember would be entitled for longevity of active duty and/or reserve component militarti~ service and all. payments paid or payable under the Provisions of Title ~8 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied. For purposes of calculating the Former Spouse's share of the benefits awarded to her by the Court, the marital property interests of the Former Spouse shall also include apro-rata share of all amounts the Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veteran Administration or disability benefits. It also includes apro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not €imited, to exit bonuses... voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form ~~f retirement benefits attributable separation from military service. Such pro-rata share shall bra based on the same formula, percentage or amounts specified in Section 9 above, as applicable. ]n the event that the DFAS will not pay the Former Spouse directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions set forth in Section 14 above. 23. Waiver of Privacy. The Member hereby waives any privacy or other rights as may be required for the Former Spouse to obtain information relating to the Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information <:~s may be required to enforce the award made herein. or required to revise this Order so as to make it enforceable. FIFILES'~.Clients~l2(~31 KarinAIi63l gdro Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OT"TO GILROY & FALLER MARTSON 1~AW OFFICES I.D. 8744> 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys far Plaintiff KATHERINE A. KANN, Plaintiff v. DAVID B. K:ANN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7714 CIVIL ACTION -LAW IN DIVORCE THRIFT SAVINGS PLAN QUALIFYING RETIREMENT BENEFITS COURT ORDER IT IS HERE;BY ORDERED AS FOLLOWS: 1. Effect of this Order as a Qualifying Retirement Benefits Court Order: This Order creates anal recognizes the existence of a Former Spouse's right to receive a portion of the Participant's benefits payable under the Thrift Savings Plan which is administered by the Federal Retirement Thrift Investment Board. 2. Participant Information: The name, last known address, date of birth and social security number of the Participant are: Name: David B. Karu1 Address: 16 Deer Drive Newville, PA 17241 Birth date: Social Security Number: 3. Former Spouse Information: The name, last known address, date of birth and social securit;~ number of the Former Spouse are: Name: Katherine A. Kann Address: 7 Heritage Court Carlisle, PA 17015 Birth date: Social Security Number: The Former Spouse shall have the duty to notify the OPM in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the (Civilian Services) Thrift Savings Plan (hereinafter referred to as "Plan") 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authorit~~ granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 6. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights to the Former Spouse as a result of the Marital Settlement Agreement and Decree i.n Divorce between Participant and Former Spouse. 7. Amount of Former Spouse's Benefit: This Order assigns to Fortner Spouse $20,000.00 of the Participant's (Civilian Services) Thrift Savings Plan Account Balance accumulated. under the Plan as of July 4, '?007 (the "Assignment Date"), or the closest plan valuation date thereto. Further, such Total Account Balance shall include all amounts maintained under all of the various accounts and/or subaccounts established on behalf of the Participant. The Former Spouse's assigned share of the benefits as set forth above is not entitled to earnings on t:he amount of entitlement under this Order. Allot°ation of Benefits: The Former Spouse's share of the benefits shall be allocated on a "pro-rata" basis among all of the Participant's accounts maintained on his behalf under the Plan (but excluding the Participant's TSP Goan fund/account if any). Impact of Outstanding Loan Balance: In the event the Participant has an outstanding TPS loan balance as of the Assignment Date specified above, the Former Spouse's assigned share of the benefits will be calculated "after" such loan amount is subtracted from the Participant's total account balance. In other words, the Participant's outstanding loan, if any, shall be excluded from the .Participant's total account balance when calculating the :Former Spouse's assigned share of the benefits. 8. Commencement Date and Form of Payment to Former Spouse: The Former Spouse shall be paid her benefits, in any form of payment available, as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the :Plan Administrator. 9. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the ternis of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value: or (c) to require the payment of any benefits to the Former Spouse which are required to be paid to another former spouse under another order which was previously deemed to be a Qualifying Retirement Benefits Court Order. 10. Inadvertent Payment(s): In the event that the administrator of the plan inadvertently pays to the Participant any benefits that are assigned to the Former Spouse pursuant to the terms of this Order, the Participant shall immediately return such payments to the plan administrator. Upon receipt of the repayment, the plan administrator shall issue an amended tax form to the Participant so that he is :not liable for any income taxes associated with the Former Spouse's assigned share of the benefits. Similarly, in the event that the plan administrator inadvertently pays to the Former Spouse any benefits otherwise payable to the Participant, the Former Spouse shall immediately return. such payment to the plan administrator. tlpon receipt of the repayment. the plan administrator shall issue an amended tax form to the Former Spouse so that she is not liable for any income taxes associated with the Participant's benefit. 11. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of they parties as stipulated herein. The Court shall also retain jurisdiction to enter such further order~~s as are necessary to enforce the assignment of benefits to Former Spouse as set forth herein, including the recharactc;rization thereof as a division of benefits under another plan, as applicable, or to make an award of alimony, if applicable, in the event that Participant fails to comply with the provisions cc,ntained above requiring said payments to Former Spouse. 12. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Court Order Acceptable for Processing, or that could diminish or extinguish the rights and entitlements of the Former Spouse as set forth l~cerein. Should the Participant take any action or inaction to the detriment: of the Former Spouse, he shall be required to make sufficient payments directly to the Former Spouse to the extent necessary to neutralize the effects of his actions or inactions and to the extent of her full entitlements hereunder. 13. Death of Participant: In the event the Participant predeceases the Former Spouse before she receives her distribution, his death shall have no effect on her assigned portion of the benefits., as stipulated herein. If applicable, the Former Spouse shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. BY THE COURT: if ~ a Date ~• Witness: r, ~~r Witness: '- ~.: - ' ~ ' f 1 ~s ~ __._~ ~, e ~~rr L- S~Pa~s ~f ~Ov%es w~.c~L lid /.n/,~/.~ P~~e Dated: ~~ ~ ~'~ SSG%~'~ Former S ouse: Katherine A. Kann Dated: