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HomeMy WebLinkAbout08-6499 JAMES KAUFFMAN, Plaintiff V. JENNA KAUFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 'I (t'4(1'1 T?rtvj NO. CIVIL ACTION - LAW 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 OM & LITULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JAMES KAUFFMAN, Plaintiff V. JENNA KAUFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Gy 9F l ¢, CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is James Kauffman, who currently resides at 1335 Lutztown Road, Mechanicsburg Cumberland County, Pennsylvania. 2. Defendant is Jenna Kauffman, who currently resides at 12 Hickory Court, Boiling Springs, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 4, 1993 at Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since October 16, 2008 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from December 4, 1993, until October 16, 2008, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. DA'Z'E 1.31 lob Respectfully submitted, Awm&KUMLAKIS, L.L.P. Vm®r'?, H(W1YAk4----n, Kara W. Haggerty, E q ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, JAMES KAUFFMAN, verify that the statements made in this Divorce Complaint 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 I?13?Jv? tv JAME KAUFFMAN ?a Vv c a C :Y N Q C7 CJ w -E7 f"6'7 3 i` i ;3 C?7 4n ; r°T i a h r_ + JAMES KAUFFMAN, Plaintiff V. JENNA KAUFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-6500 4 q,7 9 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Jenna Kauffman, at Carlisle, Pennsylvania, addressed as follows: Jenna Kauffinan 12 Hickory Court Boiling Springs, PA 17007 Return card acknowledging receipt on November 4, 2008 is attached as Exhibit "A". A Bom & KUTULAKi4 LLP Date: Kara W. Haggerty, Esq 36 South Hanover S Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 86914 A. X rte. Agent B. Received by (Printed Name) \ e of Delivery v 01-( -O D. Is d*.wy address different from item t? O Yes it YES, enter delKwy address below: O No ?i 3. Service lyps V C 1 ? j?? ' l l - CerMed Mail ? ? Regietered O Ercptess Map ? Return Receip • j ,, t for Merr han nse 0 1 Q 1 0 insured mail ? C.O.D. 4. Restricted Depvery? Pit Fee) Dyes 2. A rticle Number 7 007 0 710 0003-- 22'10 215 6 (nwm& ft. PS Form 8811, February 2004 Domestic Retum Receipt to2ses o2 wt.tyyp ¦ Complete items 1, 2, and 3. Also oodiplete Item 4 if Restricted Delivery is desired. ¦ Print your, name and address on the reverse so that we can return the card to you. ¦ Att>O this card to the back of the mailpiece, or i* the front if space permits. Article Addressed to: • k&)A*Y?? y c?Clr-?' "' "- i?j+-&y 6Du ?+ EXHIBIT `A" r-s C ..c -? Q 116 MPL JAMES KAUFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-6499 JENNA KAUFFMAN, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of JENNA KAUFFMAN, Defendant in the above captioned action. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay; Egq Supreme Court ID No. #693 26 West High Street Carlisle, PA 17013'" 717-243-6222 Dated: November 14, 2008 SAIDIS, UMS ATr0W4EYS•AT IAw 26 West High Street Carlisle, PA A -V CERTIFICATE OF SERVICE On this 14'' day of November, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay;,"E q ire Supreme Co ID o. 44693 26 West Hig eet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATIUM is-M-IAW 26 West High Street Carlisle, PA r? ?. Cis JAMES KAUFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-6499 JENNA KAUFFMAN, ; Defendant IN DIVORCE STIPULATION OF THE PARTIES 1. The parties hereto are parents of two children, Tyler Kauffman, born September 27, 1996, and Kendall Kauffman, born October 21, 1999. 2. The parties will share legal custody of their children. 3. Defendant Janna Kauffman, hereinafter "Mother", shall have primary physical custody of the children subject to partial physical custody in James Kauffman, Plaintiff, hereinafter "Father", as follows: (a) On alternating weekends from Friday after work until Sunday at 9:00 PM; (b) One night each week during the time when Wife is working late from after school or work until 9:00 PM; and SAIDIS, LNDSAY Z75E E9 ATUw 26 West High Street Carlisle, PA (c) Other times as the parties can agree. 4. The parties intend for this Stipulation to be entered as a Court Order which will render unnecessary the conciliation conference scheduled for December 8, 2008, and will resolve all outstanding custody issues between the parties. Witry6ss: tic 1 Dated: Jenna Kauffman Dated: NOV 2 6 2008 ' E JAMES KAUFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-6499 JENNA KAUFFMAN, : Defendant IN DIVORCE STIPULATION OF THE PARTIES 1. The parties hereto are parents of two children, Tyler Kauffman, born September 27, 1996, and Kendall Kauffman, born October 21, 1999. 2. The parties will share legal custody of their children. 3. Defendant Janna Kauffman, hereinafter "Mother", shall have primary physical custody of the children subject to partial physical custody in James Kauffman, Plaintiff, hereinafter "Father", as follows: (a) On alternating weekends from Friday after work until Sunday at 9:00 PM; (b) One night each week during the time when Wife is working late from after school or work until 9:00 PM; and (c) Other times as the parties can agree. 4. The parties intend for this Stipulation to be entered as a Court Order which will SAIDIS, FLOWER & LINDSAY nrroxt•?is.,a:uw 26 West High Street Carlisle, PA render unnecessary the conciliation conference scheduled for December 8, 2008, and will resolve all outstanding custody issues between the parties. Witness: James Kauffman Dated: Jenna Kauffman Dated: 1- r•? LM )% r CEQ 0 8 Z003 JAMES KAUFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-6499 JENNA KAUFFMAN, Defendant IN DIVORCE ORDER OF COURT NOW, this -` day of , 2008, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. SAMIS, LW' DS Y ATIURNEYS.AT LAW 26 West High Street Carlisle, PA N ? ? `mil f.L N ? J'1! j t7`* .td co OM & &U LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JAMES KAUFFMAN, Plaintiff V. JENNA KAUFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-6499 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on October 31, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 12 ?? ?) h, 0 Date: TAME KAUFFMAN ev T 4 T x V ABOM CSZ j?LI'I'LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JAMES KAUFFMAN, Plaintiff V. JENNA KAUFFMAN, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 08-6499 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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 affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 6(P, Date: Id- JAMtS KAUFFAAN c`; ?., c? ..,,? t'rp ? ? ?'? .?.. -?, ,-y.s ,. "? ??? , ?; Y? ......f _., ? ? T? OM & Ku l ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JAMES KAUFFMAN, Plaintiff V. JENNA KAUFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0$ - 6 / CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on October 31, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. Date: JENNA KAUFFMAN A 1 ? 2009 ---------------- ABOM t& ' j?LiTLiLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JAMES KAUFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. JENNA KAUFFMAN, Defendant : NO. 08-6499 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: JENNA KAUFFMAN y:tt TI rr? JAMES KAUFFMAN, Plaintiff V. JENNA KAUFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6499 IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this day of AAaC , 2008, between JENNA KAUFFMAN, of 12 Hickory Court, Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and JAMES KAUFFMAN, of 1335 Lutztown Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: RA: The parties hereto are husband and wife, having been joined in marriage on December 4, 1993, in Carlisle, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 08-6499 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor children, Tyler Kauffman, born September 27, 1996,and Kendall Kauffman, born October 21, 1999, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. 1 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. When 90 days have passed from the date of service of the Complaint in Divorce, the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize the divorce, and Husband will promptly transmit the record. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 12 Hickory Court, Boiling Springs, Cumberland County, Pennsylvania. Within ten (10) days of the date of this Agreement, Husband will execute and deliver to Wife a special warranty deed transferring to Wife all his right, title and interest in the marital home which deed shall be prepared by Wife's counsel and recorded in the Office of the Recorder of Deeds of Cumberland County. Wife will refinance the marital home within eight years of the date of this Agreement so Husband is no longer liable on the mortgage. Pending the refinance, Wife will make payments for all charges associated with the marital home 2 including, but not limited to, the mortgage payments, the taxes, the homeowner's insurance and all utilities except for the electric bill which shall be Husband's sole obligation as long as the children are residing in the marital home. With respect to all such other charges, Wife hereby indemnifies and holds Husband harmless. In the event that Wife can refinance prior to the passing of eight years, Husband will cooperate with her in arranging for the refinance. In the event that Wife wishes to encumber the home with a second mortgage or home equity loan or line of credit, Husband will execute any documents required by the lender to permit her to do so. In the event that Wife fails or refuses to refinance the marital home within eight years, Husband may call for the sale of the marital home so that the mortgage can be paid off and he can be released from liability and Wife will cooperate in the sale of the home. If the home is sold, however, all of the proceeds of sale shall be exclusively Wife's. The parties also have interest in commercial real estate at 1335 Lutztown Road, Mechanicsburg, Cumberland County, Pennsylvania, purchased and financed in the name of Husband's father, but the mortgage payments on which were made by the parties in the course of the marriage. Wife waives any interest she may have in the real estate at 1335 Lutztown Road. Husband warrants that there is no obligation with regard to that property owed by the parties to his father and with regard to any such obligation, he indemnifies and holds Wife harmless. (4) DEBT: A. Marital Debt: The parties acknowledge and agree that there are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on October 16, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been 3 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 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 in possession of 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 will retain a 2005 Ford truck, a 2001 Lexus encumbered by a lien in favor of Americhoice, a 1966 Ford Mustang and a 2006 horse trailer encumbered by a lien in favor of Americhoice. Husband will retain the 2004 GMC truck encumbered to GMAC, a 2005 Harley Davidson motorcycle which is liened, a 1999 Honda Civic and a 20 foot enclosed trailer. From the first month following the month in which the parties enter this Agreement, and continuing until June 2009, Husband will pay in full each and every month, as it comes due, Wife's Luckoil credit card used only for the purchase of gasoline for her vehicles. (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 presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 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 plans, stock plans, 401K plans and the like. Husband will retain his Members 1St Federal Credit Union and Americhoice credit union accounts and also his business account at Members 1St Federal Credit Union. Husband will also retain three IRAs at Orrstown Bank. Wife will retain the parties' joint Americhoice account and Husband will execute any documents required by Americhoice to terminate his ownership interest in the account. Wife will also maintain her Fidelity Mutual Fund, her Fidelity 401(k) and her life insurance policy with its cash value. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children, Tyler Kauffman, born September 27, 1996, and Kendall Kauffman, born October 21, 1999, shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. Wife shall have primary physical custody of the children subject to partial physical custody in Husband as follows: (a) On alternating weekends from Friday after work until Sunday at 9:00 PM; (b) One night each week during the time when Wife is working late from after school or work until 9:00 PM; (c) Other times as the parties can agree. (9) CHILD SUPPORT: Husband shall pay to Wife for the use, benefit, support and maintenance of their minor children, the sum of Twelve Hundred ($1,200.00) Dollars per month 5 which shall be paid in two equal installments due the first (1st) and fifteenth (15th) of each month of Six Hundred ($600.00) Dollars each. Payments shall be made directly by Husband to Wife, but in the event that Husband fails or refuses to make the payments timely, this Agreement may be enforced through the Office of Domestic Relations of Cumberland County, or such other county having jurisdiction over the parties' children through a wage attachment. Wife shall maintain health insurance for the parties' children. The parties will split the cost of unreimbursed medical expenses for the children with Husband paying 60% and Wife paying 40%. The parties will equally divide the costs of daycare for their children during the summer months when the children are off school. As additional support, Husband will reimburse Wife for one-half of the costs of Kendall's horse shows each month. Payment will be made within thirty (30) days of the horse show. These costs include fees for competing and coaching. (10) 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. (11) 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 Kara Haggerty, 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 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 6 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. (12) 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. (13) INCOME TAX: A: 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 indemnify 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. B: The parties will file joint Federal and state income tax returns for 2008. In the event there is a refund, they will equally divide the refund. In the event there are taxes owing to either the Federal or state government, Husband will pay those taxes. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony 7 shall be subject to court determination the same as if this Agreement had never been entered into. (15) 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 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. (16) 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. (17) 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. (18) 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: 8 A. All liability, claims, causes of action, damages, costs, 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 amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the 9 Y 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. (20) 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. (21) 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. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) 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: Jam s Kauffman Jenna Kauffman 10 ( l t cz3 Alom' ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JAMES KAUFFMAN, Plaintiff V. JENNA KAUFFMAN, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-6499 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. Certified Mail, Restricted Delivery received on November 4, 2008 3. Date of execution of the Affidavit of Consent required by ?3301(c) of the Divorce Code: a. by Plaintiff: February 12, 2009; by Defendant: March 1, 2009. 4. All economic claims previously raised have been settled by filing of the Marital Settlement Agreement dated March 1, 2009. - 'L 5. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: February 17, 2009; by Defendant: March 12, 2009 Respectfully submitted, DATE ABOM&KDTULAKi4 L.L.P ??lltiCi,G L?. ? ?1c11C'l'GL ? ?- Kara W. Haggerty, E e Supreme Court ID # 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff r? ?'C1 rV _11C"? UY ? 1 JAMES KAUFFMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNA KAUFFMAN NO. 08-6499 DIVORCE DECREE AND NOW, 0 7-JOV , it is ordered and decreed that JAMES KAUFFMAN ,plaintiff, and JENNA KAUFFMAN , 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.") 00"L Marital Settlement Agreement dated March 1, 2009 is incorporated but not merger into this Divorce Decree By the Attest: J. Prothonotary i