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01-3079
PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : : NO. 01-307~ CIVIL TERM DONALD C. KRAFSIG, : Defendant : DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff PAULINE D. KRAFSIG, by and through her attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: COUNT I RETRANSFER OF THE MARITAL DWELLING 1. Plaintiff in this Action in Divorce is PAUL[NE D. KRAFSIG, an adult individual and the wife herein who resides, for her personal safety, at an undisclosed location and who may be served with process in these proceedings through her aforesaid attorney of record at 53 West Pomfrct Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant DONALD C. KRAFSIG is an adult individual and thc husband herein who resides at 1505 High Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. WAYNE F. SHADE Wife was born on September 30, 1934, and is sixty-six years of age. 4. Husband was born on May 6. 1930, and is seventy-one years of age. 5. The parties were married on June 8, 1957. 6. Prior to the marriage, Wife was raised in a strict Roman Catholic home, and she trended Roman Catholic boarding school. 7. As a result of her upbringing, Wife was extremely naive about sexual issues. 8. On their wedding night, Husband told Wife for the first time that he could not have sexual relations because he had been injured in military service. 9. The parties have never had sexual relations in the more than forty years of marital cohabitation. 10. Wife has never seen Husband without his clothes on. WAYNE F. SHADE I1. During the marriage, Husband would frequently be absent from the marital dwelling. 12. Husband would not tell Wife where he was going. 13. Husband would tell Wife that she had no right to know where he was going. 14. In December of 2000, Wife found notes written in Husband's own hand to one of his recent homosexual partners which graphically described their homosexual relationship. 15. Wife believes and therefore avers that Husband has engaged in numerous clandestine homosexual relationships throughout the marriage and continuing to the date of this Petition. 16. Wife believes and therefore avers that Husband has used the marriage as a cover for his homosexual activities. 17. Wife worked for nearly forty years in the Bureau of Personnel, Statistics, WAYNE F. SHADE ^.om~.t,~w Licensing and Enforcement of the Pennsylvania Liquor Control Board. 18. Wife retired from state employment in 1991. 19. Husband worked for more than forty years for the Pennsylvania Liquor Control for many of those years. Husband was the Director of the Bureau of Licensing. 20. Wife receives approximately $1,700 per month in after tax state retirement. 21. Husband receives approximately $3,400 per month in after tax state retirement. 22. Husband always controlled the household finances; Wife simply turned over her income to him. 23. Wife has not driven a car since she retired in 1991. 24. For the past ten years, Wife has been a prisoner in the marital dwelling; the only time that she was permitted to go out was when she was with Husband. 25. The marital dwelling was purchased in 1975 and was titled in the names of Husband and Wife. WAYNE F. SHADE 26. In 1977, Husband procured Wife's signature on a deed which transferred the marital dwelling into the name of Husband, alone. 27. Until Wife engaged counsel, she was unaware that the marital dwelling had been transferred into the name of Husband, alone. 28. The marital dwelling was assessed in the year 2000 County-wide reassessment at a value of $561,910 and has been appraised by private appraisers at more than $700,000. 29. The marital dwelling is by far the most valuable marital asset. 30. Through her counsel, Wife has made written demand upon Husband to retransfer the marital dwelling into the joint names of Husband and Wife. 31. Husband has refused to retransfer the marital dwelling into the joint names of Husband and Wife. 32. In the event of Husband's death prior to entry ora decree in divorce, the above- captioned divorce proceedings would be abated. WAYNE F. SHADE 33. In the event of abatement of the divorce proceedings prior to retransfer of the into the joint names of Husband and Wife, Wife would be seriously and fundamentally prejudiced if the marital dwelling were to be devised by Husband to one of his homosexual partners or to anyone other than Wife. WHEREFORE, Wife respectfully requests that your Honorable Court issue a Rule upon Husband to show cause why he should not be required to retransfer the marital dwelling into the joint names of Husband and Wife under the general equitable powers of the Court under the Divorce Code and issue such other relief as may be equitable and just. COUNT II COUNSEL FEES, EXPENSES AND COSTS 34. Thc averments of¶¶l through 24 above inclusive are incorporated herein by reference as though fully set forth. 35. Wife's modest pension will not be sufficient to enable her to support herself and pay her counsel fees and other expenses of litigation in this case. WAYNE F. SHADE Carlisle, Pennsylvania WHEREFORE, Wife respectfully requests that your Honorable Court issue a Rule upon Husband to show cause why Husband should not be required to pay counsel fees, expenses and costs of Wife. Respectfully submitted, Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Atlomey at Law Cadisle. Pennsylvania I verify that the statements made in the foregoing Petition for Special Relief are correct. I understand that false statements herein are made subject to the 18 Pa. C.S. §4904, relating to unswom falsification to authorities. )ate: May 10, 2001 WAYNE F. SHADE Al~omey ~ Law PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : : NO. 01--~°zq CIVIL TERM DONALD C. KRAFSIG, : Defendant : DIVORCE ORDER OF COURT AND NOW, this ~/~-~ day of ? ~ ~7~ ,2001, upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, attorney for Plaintiff PAULINE D. KRAFSIG, a Rule is issued upon Defendant to show cause why Plaintiff should not be awarded the relief as prayed in the within Petition. Rule r a ' d o ' ' a hearing to be scheduled for /; 3 0 o'clock/a.M., on /.~-_.~.~o~r/£~_ , ~(~A~ /~, ,2001, in Couaroom No. ~-/ of the Cumberland Count~ Courthouse, Carlisle, Pennsylvania. By the Court, Wayne F. Shade, Esquire ~f~ ~Z~ Attorney for Plaintiff O~5-~,fl,'~O I / _~ Jay R. Braderman, Esquire Attorney for Defendant WAYNE F. SHADE PAULINE C. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. .' : NO. 01-3079 CIVIL TERM DONALD C. KRAFSIG, : Defendant : DIVORCE NOTICE OF LIS PENDENS TO: Curtis R. Long, Prothonotary NOTICE IS HEREBY GIVEN that an action in divorce has been commenced as above-captioned by Plaintiffagainst Defendant, that said action is still pending and that a fundamental claim of Plaintiff is for equitable distribution of ali real estate in which Defendant has an ownership interest either jointly or individually. Please index this Notice as a lis pendens against Defendant. Date: May 24, 2001 Supreme Court I.D. #15712 53 West Pomfret Street Carlisle. Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHAI~ PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : 01-3079 CIVIL : DONALD C. KRAFSIG, : Defendant : CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this ~.~ * day of May. 2001. hearing the Petition for Special Relief set for July 12, 2001. is continued to Friday, July 27, 2001, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Jay Braderman, Esquire For the Defendant :rlm PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V, : : NO. 01-3079 CIVIL TERM DONALD C. KRAFSIG, : Defendant : DIVORCE PRAECIPE TO: Curtis R. Long, Prothonotary Please enter my appearance and acknowledgment of receipt of a certified copy of the Complaint in Divorce, Plaintiff's Petition for Special Relief, the Order of May 21, 2001, issued pursuant thereto and the Lis Pendens in the above-captioned matter on behalf of Defendant. Date: ~ ~'~Har~sburg' Pennsylvania 17108 Attorney for Defendant This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner July 20, 2001 to: < Respondent Wayne Shade, Esquire lay Bradenaan, Esquire Kevin A J. ORDER/NOTiCE TO WITHHOLD INCOME FOR SUPPORT .~___~. -~ 7 9 -- (.~ ~0 / ~7/' ~,// ~_ (~)OriginalOrder/N°tice Co./City/Dist.Sta~e Commonwealthof C'Ot~E~.~,.-~o°f Penn~lvania /"3'/7/~,~~''' ~'"~(~/~"~ ~'/'~' '~ O Amended Order/Notice Date of Order/Notice 07/19/01 .'~0(._~ ~,~ O Terminale Older/Nolice Court/Case Number ~ee Addendam for case summary) Employer~Vithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) STATE EMPL~OY'~ES RETIP..BMENT SYS 162-22-7155 Employer/Wilhholder's Name EmployeWObligor's Social Secudty Number PO BOX 114'7 899,2100981 Employer/Withholder's Address Employee/Obligors Case Identifier HARRISBU~.G PA 17108-1147 (.~eAddera~aferl~aief~ffe~e~a~date~wilbealeseaa~tada~eat} Custodial Parenl's Name (Lasl, First, MI) See Addendum ~or dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold income for Support based upon an order for support from L"OZ~EILT..R.-'~ County, Commonwealth of Pennsylvania. By law, you am required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the OrdedNotice is not issued by your State. $ 1,100.00 per month in current support $ 100.00 per month in past-due support Arrears 12 weeks or greater~' Oyes (~) no $ o. 0o per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 3., 3 0 0.0 0 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 276.92 oer weekly pay period. $ 553.85 oer biweekly pay i~eriod (every two weeks). $ 600. oo oer semimonthly pay period (twice a month). $ ~.200.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisbur& Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Cae Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: ~ Form EN-028 Service Type M ~,~o.:Oe~-o~s4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] if checked you am required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If them am Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts bom mom than one employee/obliger's income in a single payment to each agency requesting withholding. You must, however, separamly identify the portion of the single payment that is attributable to each employee/obli8or. ....................................................... You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and fon~vard the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If them is mom than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information mquesl~l and tatum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: EMPLOYEE'S/OBLIGOR'S NAME: KP, J~SZG~ DONR.LD C. EMPLOYEE'S CASE IDENTIFIER: 8992'100'/gl DATE OF SEPARATION:. LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold bom lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/oblJgor's income and other penalties set by Pennsylvania State law. Pennsylvania State law 8overns unless the obligor is employed in another State, in which case the law of the State in which he or she is employed 8overns. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor fi.om employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the Jaw of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection ACt (15 U.S.C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left. after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE A'I-I'ACHMENT UNIT 1~1 N, HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at ~ or CARLISLE PA 17013 by Internet O Page 2 of 2 Form EN-028 Service Type M oMa~o.:0970-0~4 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendantJOblisor: r,.~FSTO, OOm~LD C. ~ Number o 3 o lo 3493~,~'.~ PA~ES Case Number Plaintiff Name Plaintiff Name ~AULINE D. KRAF$IG Docket Attachment Amount Docket Attachment Amount 01-3079 CTVTT. $ 1, 200.00 $ 0.00 Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB [] f checked you am required to enroll the child(mn) [] If checked you am required to enroll the child(mn) identified above in any hea th insurance coverase avai able identified above in any health insurance coverage available throush the employee's/obligor's employment, through the employee's/obllgor's employment. PACSES Case Number ~ Plaintiff Name Plaintiff Name Docket Attachment Amounl Docket Attachment Amount $ 0.0o $ o.0o Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB [] If checked you am required to enroll the child(mn) [] If checked you am required to enroll the child(mn) identified above in any health insurance covera8e available identified above in any health insurance coverage available throush the employee's/oblisor's employment, throu8h the employee's/obli8or's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket .Attachment_Amount Docket Attachment Amount $ o.oo $ o.oo Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB [] If checked you am required to enroll the child(mn) [] If checked you am mqmmd to enroll the child(mn) identified above in any health insurance coverase available identified above in any health insurance coverage available through the employee's/obligor's employment, throush the employee'doblisor's employment. Addendum Form EN-028 Worker ID SZ~T? Service Type Iq DR 30693 PACSES ID 030103493 PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW DONALD C. KRAFSIG, : Defendant : NO. 3079-2001 CIVIL TERM DEMAND FOR HEARING DATE OF ORDER: July 29. 2001 AMOUNT: $1,100.00 per month plus $100.00 per month on arrears FOR: Alimony Pendente Lite Reason(s): Hearing Officer failed to take into consideration the extra-ordinary expenses of the Defendant in preserving the marital asset, to wit, the marital home. The Defendant's obligation of spousal support, payment of the mortgage and taxes, will leave him with zero income for him to sustain himself with the necessities of life. RING: / ~an ~ July 24, 2001 1~o Locus~treet P. O. Bo.~11489 Harrisburg. PA 17108-1489 Pa. I. D. No. 07047 Attorney for Defendant. Donald C. Krafsig CERTIFICATE OF SERVICE I hereby certi~ that I am this day serving a tree and correct copy of the attached DEMAND FOR HEARING on the following individual by First Class U.S. Mail addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 P. O. Box~] 11489 Harrisburg. PA 17108-1489 Pa. I. D. No. 07047 Attorney for Defendant, Donald C. Krafsig N~ ~ PRE-I~IMPI,B DRED~Type~rite[ ~-J ~ o] Sept~ber i. tke ~r o~ our ~ ~, ~o~nd ~he Hu~d~ ~ ~enty-~ive (1975). ~ ~N~ C. K~S~G ~d P~LZNK K~SZG, his wt~e, o~ N~han/csburg~ C~bezland County~ Pennsylvanta~ Grantors ~d parties of the first AND DONALD C, KRA~SIG and PAULZNR KRAFSZG, his wiles of Hechanicsburg, Cumberland County~ Pennsylvania, Grantees and Parties ,~ ghe s=m o/ NO CONSZDR~ATZON ................................................ · eco#d part to the ~id I~rties o] tko ]ir, t part. at n,d he]o~ the ~e~li#g and delirer~ ,1 ~nt. b,lrptli,. ~sllt ,lite,. r,]w~[[. ~Tlew~r. eo~['c~, and ~m]irm ~,to the ~id ~rti es ~[[ those certain Pieces or parcels of land situate la L~er Allen T~nshl., C~begland C~nty, Pennsylvania, more particularly ~unded and described as to B~I~ING at a ~int on the eastern side of the Ltsburn ~oad (L.R. 21014) at its intersection with the northern line of Fox Hollow ~oadl thence alertO the northern line of Fox Holl~ Road, ~orth 70 deore~s 46 minutes ~st, a distance of twenty (20) · eet to a point; th~ce still alert9 the northern line of Fox ~llow ~oad alon9 a curve to the gi9ht havin9 a radius of two hundred thirty-~ive (235) feet, an arc distance of one hundred eighteen and ninety-fou~ hundr~ths (118.94) feet, and also an arc dist~ce off eiohty-S~en and two hundr~ths (87.0R) feet to the tnters~tion of the northern line off Fox Hollow Road with the northern sade o~ HiGh Mead~ Lane; thence along tho northern side of HiGh Nead~ L~o, North 43 d~rees 16 minutes a distance o[ two hundred five a~ fifty-four hundredths (205.54) feet to the point on said .lan; thence alertG said dividinG line North 46 d~rees 44 minutes West, a dlst~nce o~ two hundred eighty-six ~nd twon~y-three hundredths (286.23) feet to a ~tntl thence ~uth 66 d~roes ~est~ a distance of twenty (20) ~eet to a point; thence alonO said Hubbard lands also south a distance of two hundred zwcnty-t~ (222; fleet to the eastern side of Lisburn Road; thence along the eastern side of Llsburn Road, ~uth 15 degrees 44 minutes ~ast, a distance of one hundr~ fifty-six and thirty-s~en hundredths (156.37) feet to a point; thence still al'eno the eastern side o~ Lisburn Road ~uth 19 d~rees 14 minutes ~asta a distance off eiOhty.oioh~ (88) ~t to the northern line off Fox Holl~ R~d, the ~tnt or place off 190 BEINO foz~.erly Lots ~ 2 and ~3, Plan No. 1 of High' Meadow,' L~ Allen Cumbering C~nty, Pennsylva~a~) Sa~d pr~ses are now known - ' ' .., w~th the~ mer~e~nto one U~R and ~T to eas~ents' ~d zest~t~ons of ~ecozd. ~N~ part 'of the s~e ~ses that' w~Ze conv~ to the ~thin ~to~s by o~ Conveyance dated A,r~l 1~ 1974 fzom ~1~ K. ~t~ock,et ux Elisabeth ~,- Dood is recorded ~ and for C~berland ~ounty, Pennsylvania, ~n ~ ~ok volume 25, Page ~12 and also part' off the ,r~ses'were conv~ .~o the sa~d Grantor~ Elizabeth A., which Deed ~s record~ in and for C~bezZa~.~ntY, ~enns~lv~',. ~ed ~ok ."~'% .Volum~ 25~ _Page 310. . ) ~nt~, b~ue~, and p~]it~ the~]; ~ ~ all Ihe ff~te, dgkt, title, i~t~, ~y, · ~d d~aand ~kat~e~ bo~h in la~ end ~uit~, o] the ~td ~rt ~es o] the.~ra~ ~rt, o], ia, to or o~t o~ ~he ~ld p~i~es, and ~ ~rt ~nd ~1 th~ ., the ~aid perk ies ay tho s~coad part, heirs and ~si~, to mad yet the ~ ~ ~se and b~ho~] o/the ~4id ~rt ~es o~ the s~nd ~rt. th~ r h~r~ a~ as~s · nfl~,thgf tAe~aM ~rt~es o~ the ~Lrst ~t, ~he~r Iseirf all and slnyular the A~rcditameals aa,* prembes Aerelaebo~e desor~bed a~ ~nf~ or mm~. end I~t~d~ ~ to be, with ap~rtena~f, unto the said ~rt ~es o] the f~ lA.ay, shah and ~ll. b~ tAe~ ~ta, WARRANT A~D FOR- ~VER DEPE~'D ko.unto ~t their hands ~sd f~ls the da~ and ~r ~rft ab~ ~ft~. ..... ............... In the ~en~ of ........................................................................ ................................................... ............. . . . ..... (~ga~) .......................... (~g~) ~ (~) · -- (~) . .................... (~gA~) ........................................................................... .................................. :..... ~/~r, ~r,o~ll~ app~rod ....... ~..~..~.~.~..~...~.~G~...~.~.~t...~.~...~.~g ....... ~no~ ~o me (or ~tis~*wtoril~ p~=en) to be th~ ~r=oa ~ ............. ;cAo~e ,am~& ............... a;;b~crlbrd ~, ~_,,.~ -..... . · . . . " ...~'.~,.~ ... .'. ....................................... ~ ............ ~ ..................... ~ ............................................................................ :"'T':'": ...... .................................................... ? ...................................... ~.........~...~...~....~-- ..................... ~/~~UNTY, ~ SS: ~tr-r~l~ In the QI'f"~ for l{e~. rdinK of Deeds, Mol't~/azes, et~., in and ~o~th~u.~F~. D.~ Boo~ ~ ...... vo,. ~. [~ I llll/~ ll'~ .~o. ~6 PEt~-SIMI't,I~ DlgED~?y~ewriter ?'&m..md ~'~ Ilu*.l~'d and ~ C~berZ~d C~nCy, PennsyXv~a, Or~Cors ~d parties o~ the ~rst par~ DONALD ¢, KP~XG, of Mech&nLcsburg, CumberXand County, pennsylvania, Grantee and party OI ~A~ IdlA 0] ~ C~ZDK;ATZ~N ................................................ s~*,,,,I ~u'~ to the .~id ~s't ~em '*I fao/it'st ~*'g, ag end ~r~a~ fag ~nll~ end dclicer~ oI tkese ~;Jli'd. I.fl'~i,f:d. folds ulle, rds e~]~eds *'rinsed, t~rt'~cd e,d c~,~if'mcd ~d b~ C~ber~d C~n~ys PmnsyZv~La, more ~:~Lcu~ar~y ~ded ~d descried G~T~NG a~ a ~Ln~ on ~he en~ern olde o~ ~he ~8~rn R~d northern ~Lne o~ POX HO~Z~ Road, North 70 degrees 46 ~nu~eo Gn~, a ~s~ce o~ ~wan~y (~) ~ee~ ~o & ~n~j ~h~ce o~L~ ~ong ~he northern ~Lne o~ F~ ~o~ow ~oad &Xong & curve ~o ~he rLgh~ having a r~Luo o~ ~ h~dr~ ~:~Lve (235) ~ee~, ~ irc ~s~Ge si one ~ndred eighteen ~d ~ne~-~ou: ~ee~, a~ a~so ~ arc dLs~e o~ eL~y-s~en ~d ~ h~d~ed~hs (87.02) ~ee~ ~o ~he ~n~ersec~Lon o~ ~he ~F~heFn ~Xne o~ ~x Ho~ow Road wL~h ~he ~:~heFn side o~ H~gh Mea~ ~e; ~e~e a~o~ ~e ~:~hern ~de o~ High MeOw ~ane, 43 degrees ~6 ~nu~e8 ~s~, a ~s~ce o~ ~ h~ed ~Lve ~d (205.54) ~eet to the ~v~ng line ~tween ~tl Nos. 3 ~d 4 on the hereinafter mentioned pl~, to a ~Lnt on s~d p~; thence a~ong s~d ~vL~ng line So~th 46 degrees 44 minutes West, a ~mt~ce o~ t~ hu~red eLghty-s~x ~d twenty-three hundredths (286.23) ~ee~ to a ~Lntj thence South 66 degrees ~st, a d~st~ce o~. twenty (20) feet to a ~Lntj thence along ~d Hubbard l~ds dLsta~e o~ t~ hunbFed twenty-two (222)~eet to the eastern sZde the~e along the eastern side o; ~s~rn R~d, South ~5 degrees ~ ~nutes East, a d~st~ce o~ one hundred ~ty-s~x ~d t~rty-seven hundredths (Z56.37) ~eet to ~ ~nt; th~ce stLXX along the eastern side o~ LLs~rn R~d S~th Z9 degrees ~4 ~nutes ~st, a d~st~ce o~ eLgh~eLght (88) ~eet to the northern lLne Fox Hollow ~, the ~Lnt or place o~ BBX~ ~ormer~y ~ts f2 ~d f3, P~ No. ~HLgh Me~ou, L~er Al~en To, ship, Cumbez',~And County~ Pmlnsy].viJILa. S&f.d preait:tsee &re now known &s Me&dow.Lane, Mechanic,burg, Penn~XvanX& and have been merged Xnto one Xot, D~DK;~ AND S~BJEC~T to easenenta and restrActAono of record. BEXlqC; the sane premLsea that were conve3~ed tothe withAn r Conveyance from Dona,d ~ ~__.. _ · G ant.rs by a ·Deed e.~*.-~ . .... _, -- ~. ~.a.l~g ina PaulAne K:ifaXg, bls --~...wer ~u~ AY?~, which-Deed Lo recorded ~n and fo dated · r Cumberland Penng¥1van:L&s )~n Deed Book 'G', rodime :26~ P&ge 190o ;th~8 Conveyance ~o m~de between opouoeo and there if no. couo~derat~on ~nvo~ved, belonging or CA an~lrlse npp~rtalning~ grid tho re~rsion ami r~rcr~ionf; remainder and r~maindrrs. r~n~f, (fan~;;; and pro,ifa far.I; ~t~ ~fiO all th~ r~tah,, rlphl, titl~; iah'~t; pmpcrt~, rlnim Grid demand wha~ewr, beta tn law and equltA o~ tk~ fr~ld ~rl ~el of tar ~lrf~ ~rt, of, I~, f,, or out ny the said p~ml~P~, and e~ ~fl and ~1 /o~r, .. that fhe ssid partLeo of the first part, ;~nir~ all and singular thc hcrm~i~amcnt~ and pr~m~e~ herci#aboc~ described and 9r,.,tcd or and i~t~nded ~o to be, ~ith appurtenant; s~o the ~id imrt y o~ tan f~.,d · .d evcr~ ofh~r ~r~n or ~na ~kom~; lam]ull~ claiming or to alaim the ~,rnJc or a~y ~rl A~.nto m thor hand I and mi 8 the tln~ and ~r /irxt ~ · . . ~lgnc,,, 8~.IL., and DeIi.~I ........................................................................ (~E.4 I, t ..................................... ~..~.~,...~ ..................................................................... the · ,;/i,,r. :~r,,,,~::~ ,;,:,,,,mt .......... ~.~...;.,...B;~"L;..~¢...~a;~.$.n~..R;~'~g....~L*...~.~,.. ~'~,~. I. me (or s,lfi~ae~oril~ prorc.) to be tar person .~ ............ ~ho~e name I .............. ~b~rrihed tbl. wi~bia i. alrumrnt. ~.zd ,:('k~zt, wh'df~'d ~b.t ......... ~ h~. .......... e~egted Iht a,o.e ~or the LV IVI'I'.VE.~.~ IVIlf:I?E()A~ ~ h~ullt~ me. mi emi off~ci,d a~l . ..~ ...~. I. · ~' '.'~. . .. ~....,o. ~,~ ,..~. ~.~ ~ ............. ~'. ...... . · t ~rr~'h~ o'rtil.~ th,~l ti: Pr~'r~.~; Rr~d~w~ oI th~, *h~,'~', n~ !~* w~*h~ Ih~l~ ~ '...~f~.).~.~.....~ ................ ~.r~g..¢g..~[~.~..~ [.~n~.m~...~..~l&~ ~,, ~.n, ~a, ~'~'~;:"");:':'[P-" ~ecn~csou~g, vennsy&v~zi l-I~" ~ ............ ~' · ..... ' ' .......... A~tornq~o~ ~u~ ~wr~rb In the Office~ ~f°r Recording of D~ds, Mo~gages, e~., in and for the County of ~;~:Z~ in Deed Book ,~__ ~ ~ ' Vol ............. Page ~.~. l~it.~ ~ly ttand and Seal of Office, ~his ~ ~ da~ of WAYNE F. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 1'7013 (717) 243-0220 (800) 243-0220 FAX (717) 249.~017 May 8, 2001 Mr. Donald C. Krafsig 1505 High Meadow Lane Mechanicsburg, Pennsylvania 17055 Dear Mr. Krafsig: This will introduce the undersigned as attorney for your wife, Pauline C. Krafsig. Your wife indicates that the circumstances in your marriage have reached the point that it has become necessary for her to make the decision to seek an end to the marriage. We would hope to be able to resolve all ofthe issues quietly and amicably within the context ora mutual consent no-fault divorce. However, it appears that you took steps in 1977 to have the Deed to the marital residence transferred into your name, alone. Pauline has no recollection of this transaction, and we must insist that the Deed to the marital dwelling be transferred into the joint names of yourself and your wife as tenants by the entirety and recorded within ten days of the date of this letter. If we have not received written confirmation that that has been achieved within that time frame, we will have no reasonable alternative but to spread the details of your marital misconduct upon the public record through the medium of our Complaint in Divorce. If you are unwilling to Irausfer the marital dwelling into joint names, your wife indicates that she has some information that she can convey to us involving serious marital misconduct which will be made a matter of public record by being included in our Complaint in Divorce. Ifyou transfer the marital real estate into joint names with your wife within the next ten days, it will not be necessary for us to allege the specific marital misconduct. If you are interested in discussing the amicable termination of your marital relationship aRer transferring the marital residence into joint names, we would urge you to contact legal counsel and have your counsel contact this office. Wayne F. Shade, Esquire, to Mr. Donald C. Krafsig May 8, 2001 Page 2 Because we are representing your wife, we will not communicate with you orally. If you choose not to engage counsel, we will respond in writing to any written communications which you would wish to direct to this office. At the same time, we must insist that you direct any communications to your wife through this office. Any attempts to communicate with your wife directly either orally or in writing will be considered to be criminal harassment and will be prosecuted accordingly. Your wife and this office regret the necessity of our taking these positions with regard to communication. However, we see no acceptable alternative under the circumstances. We earnestly hope that we will be able to resolve by agreement the various issues presented. Very truly youm, Wayne F. Shade WFS/cjt cc: Mrs. Pauline D. Krafsig William D. Schrack, III, Esquire PAULINE D. KRAFSIG. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3079 CIVIL TERM : DONALD C. KRAFSIG. : DIVORCE Defendant : CIVIL ACTION - LAW DEFENDANT DONALD C. KRAFSIG'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND ANSWER TO RULE TO SHOW CAUgF. AND NOW, comes the above named Defendant by and through his Attorney, Jay R. Braderman, Esquire, and respectfully sets forth the following Answer: 1. Admitted as to the identity of the Plaintiff. It is denied that there is any danger to Plaintiff's personal safety or that she must reside at an undisclosed location. If her personal safety is at risk. proof thereof, if relevam, is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to what was wife's "upbringing." It is denied further that witi~ was "naYve about sexual issues" and that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to wife's naivet6. By way of further denial, the allegations in paragraph 7 of the petition are irrelevant to the issues at hand. 8. Denied. The allegations in paragraph 8 are falsehoods, scurrilous and are irrelevant. 9. Denied. The allegation is a falsehood, scurrilous and not relevant to the instant proceeding. By way of further denial, there have been infrequent sexual relations during the marriage because wife's personal hygiene was extremely deficient making her less than desirable to her husband. 10. Denied. The averment of paragraph 10 is a falsehood, scurrilous and not relevant to the instant proceedings. By way of further denial, it is averred that wife, for many years, slept with her clothes on and refused to disrobe in front of her husband. 11. Denied. Defendant Husband was employed in two jobs and was only absent while at work. He did. however, spend innumerable hours at home because of all the detailed handwork, cabinetry, and everything else that he did to improve the marital home. In the past twenty-five years~ Husband has only been away from the house overnight on three occasions, two trips to Virginia. and a trip to the Orange Bowl in December of 2000. 12. Denied. 13. Denied. 14. Denied that Defendant is a homosexual. 15. Denied. After reasonable investigation, Husband is without knowledge or information as to what Wife "believes." It is specifically denied that Defendant Husband has engaged in any homosexual relationship. Such averment is scurrilous and is meant to humiliate and embarrass the Defendant when Wife knows that aider 44 years of marriage that her husband is heterosexual and not homosexual. Moreover, such averment has no relevance to the issue at hand. 16. Denied. Denied for the same reasons as set forth in paragraph 15 above. 17. Admitted. 18. Admitted. 19. Admi~ed. 20. Admitted. 21. Admitted. 22. Denied. PlaintiffWife agreed that her husband was much better at handling finances, so therefore, he paid the bills and took care of the household finances. Wife, however, was not deprived of any material items. Her wardrobe consisted of over 1,000 dresses and at least 200 pairs of shoes. 23. Denied. ARer reasonable investigation, Defendant Husband is without information and knowledge sufficient to form a belief as to the averment. Even if the averment were true, it is irrelevant and is not germane to these proceedings. 24. Denied. There was always a vehicle available to Plaintiff. Plaintifffrequently left the marital home to go with her sister to go on shopping sprees. Moreover. throughout the marriage, at least up until the time that wife's mother was deceased, who lived with Plaintiff and Defendant until her death, Wife spent all holidays with her family out oftbe house and not with the Defendant. The allegation that wife has been a prisoner is a falsehood, scurrilous and without foundation and is averred only to embarrass and humiliate the Defendant. 25. Admitted. 26. Admitted. By way of further answer, Defendant, at trial, will present the valid reasons for doing so. Transfer of the deed to Husband was done with wife's approval and without coercion. 27. Denied for the reasons set forth in paragraph 26 above. Further denied in that after reasonable investigation, Defendant Husband is without knowledge or information sufficient to ~brm a belief of the fact that the allegation that wife was ""unaware" that the marital dwelling had been transferred. 28. Admitted. 29. Admitted. 30. Admitted. By way of further answer, prior to Husband having an opportunity to respond to the demand for the transfer of the marital dwelling, Wife's attorney filed the within scurrilous Petition. 31. Admitted that there is no reason to re-transfer the marital dwelling as wife's rights are protected by her interest in the marital property as well as wife's counsel filing a Lis Pendens preventing the transfer of the property. 32. Denied in that such averment is a conclusion of law to which no response is required. In further denial, this Court can enter an Order stating that the marital home is marital property, which protects wife's rights in the event of Husband's decease. Certainly no buyer of the real estate would purchase the real estate without Wife's signature on the deed. Moreover, as stated above, Wife's attorney has filed a Lis Pendens, all of which adequately protect Wife's rights in the real estate. Moreover, Husband, through counsel, has consistently advised Wife's counsel that the marital home, no doubt, is marital property. 33. Denied. Denied in that the "allegation of prejudice" is a conclusion to which no response is required. It is denied that Husband has any homosexual partners and it is denied that husband ever made any attempt or discussed any attempt to transfer the property to anyone other than to a prospective buyer. The allegation that Husband may have a homosexual partner is vigorously denied and is a scurrilous attack and is made only to embarrass and humiliate him. WHEREFORE. Husband respectfully requests that your Honorable Court deny the relief requested of Wife and to further censure Wife and her counsel for alleging such scurrilous accusations against the husband. COUNT !! 34. The answers of paragraphs I through 33 above are incorporated herein by reference as though fully set forth herein. 35. Denied. Wife is due to receive very substantial marital property which will more than enable to pay her counsel fees and other expenses of this litigation. In further answer, many of the expenses of the instant litigation were unnecessary in that the scurrilous avermenls added to the Petition were not appropriate. The Lis Pendens and the fact that Husband, through counsel, has readily admitted that the house itself is marital property, did not necessitate the Wife to file the instant Petition and subsequem hearing. All of the legal costs incurred by the wife were not necessary and she should be liable for her own legal fees and costs, especially since Defendant Husband has incurred substantial legal fees and costs in his own right in defense of these scurrilous allegations. Resp~ ,glf;~y~su~mitted / - 'I I .sq. ~'1~1~ 1~ oc~st St~et ~. O. Box 11489 /H~isburg. PA 17108-1489 Pa. I. D. No. 07047 A~omey for Def~dant VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Answer to Plaintiff's Petition for Special Relief and Answer to Rule to Show Cause are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. D,.. / CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached DEFENDANT DONALD C. KRAFSIG'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND ANSWER TO RULE TO SHOW CAUSE on the following individual by First Class U.S. Mai[ addressed as follows: Wayne Shade, Esq. 53 West Pomfret Street Resp~tted, Carlisle, PA 17013 Date: q . ,' E, ocust ~reet P. I~. Box 1 i489 Harrisburg. PA 17108-1489 Pa. I. D. No. 07047 Attorney for Defendant PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : : NO. 01- $079 CIVIL TERM DONALD C. KRAFSIG, : Defendant : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may pwceed without you, and a decree of divoree 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 oftbe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the PwthonotaTy at CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 A hearing on the issues of support and allmonypendente lite advanced in the within Complaint is demanded. Wnyn~ F. Shade, Esquire Supreme Court No. 15712 w^w£ F. SH^OE 53 West Pomfret Street .~3 w~ ,o,.r,, slr~ Carlisle, Pennsylvania 17013 mi3 Telephone: 717-243-0220 Attorney for Plaintiff PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 01- 3o q~ CIVIL TERM DONALD C. KRAFSIG, : Defendant : DIVORCE COMPLAINT COUNT I DIVORCE 1. Plaintiff in this Action in Divorce is PAULINE D. KRAFSIG, an adult individual who resides, for her personal safety, at an undisclosed location and who may be served with process in these proceedings through her aforesaid attorney of record at 53 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is DONALD C. KRAFSIG, an adult individual and citizen of the United States of America who resides at 1505 High Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. WAYNE F. SHADE Plaintiffand Defendant were lawfully joined in marriage on June 8, 1957, in Towson, Maryland. 5. The parties have been living separate and apart since on or about May 7, 2001, when Wife vacated the marital dwelling with nothing but her pocketbook. 6. Plaintiffavers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. Specifically, Plaintiffavers that Defendant has been carrying on a homosexual relationship with at least one other male individual during the marriage and continuing to the date of this Complaint. In the alternative, Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. WAYNE F. SHADE Carlisle, Pennsylvania Both parties to this Action in Divorce are legally capable of managing their own 10. Defendant herein is not a member of the armed forces of the United States of America. 11. There were no children born of this marriage. 12. Plaintiff has no adequate means of support for herself. 13. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the man'iage between the parties. COUNT II EQUITABLE DISTRIBUTION 14. The averments of Paragraphs I through 13 inclusive above are incoq~orated herein by reference as though fully set forth. WAYNE F. SHADE Carlisle, Pennsylvania 15. Plaintiff and Defendant possess various items of marital property which arc subject to equitable distribution by the Court. WHEREFORE, Plaintiff' demands judgment equitably distributing all marital property owned by thc parties and such further relief as the Court may deem equitable and ust. COUNT III ALIMONY AND ALIMONY PENDENTE LITE 16. The averments of Paragraphs I through 13 inclusive above are incorporated herein Dy reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay to Plaintiffalimony and alimony pendente lite or, in the alternative, spousal support. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 17. The averments of Paragraphs I through 13 inclusive above are incorporated herein by reference as though fully set forth. WAYNE F. SHADE A~1omey al Law WHEREFORE, Plaintiffdemands judgment compelling Defendant to pay counsel fees, expenses and costs of Plaintiff. Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: May 10, 2001 WAYNE F. SHADE JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PENNSYLVANIA 17108-1489 CINDY J. WIL~ON Legal A~i~mnt (717) 232-6600 TELEFAX (717) 238-3816 May 14, 2001 Wayne F. Shade, Esquire $3 West Pomfret Street Carlisle, PA 17013 RE' Krafsig v. Krafsig Dear Mr. Shade: Please be advised that I represent Donald C. Krafsig. Mr. Krafsig has shared with me your letter addressed to him of May 8, 2001. If Mrs. Krafsig chooses to file a Divorce Complaint, be advised that I am authorized to accept service of the Complaint. I agree that it would be in the parties best interest to resolve all issues "quietly and amicably." However, I cannot advise Mr. Krafsig to immediately transfer the deed to the marital residence to joint names. I will not advise him to do that particularly subject to the various threats made in your letter. I frankly do not understand why the transfer of the deed is deemed to be so important when all property accumulated during the marriage is presumed to be marital property. In my opinion, your threat to "spread the details of your marital misconduct upon the public record" would be ill-advised and accomplishes nothing. If you care to discuss this case in a reasonable and non-threatening manner, feel free to communicate with me. Also, Mr. Krafsig has in his possession, a tax refund check made out to himself and his wife in the amount of $1,351.00. Mr. Krafsig is willing to split the proceeds of that check with his wife. Please advise what arrangements you suggest to guarantee that both parties receive their share of the refund. Wayne F. Shade May 14, 2001 Page Two I look forward to hearing from you. ~ yours, ~RB/cjw cc: Donald Krafsig ' PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : 01-3079 CIVIL : DONALD C. KRAFSIG, : Defendant : CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW. this I ~ ~' day of August. 2001, following hearing, the petition of the plaintiff for retransfer of the marital dwelling is GRANTED. It is ordered and directed that the defendant, Donald C. Krafsig. within thirty (30) days hereof, retransfer the premises of the marital dwelling at 1505 High Meadow Lane, Mechaniesburg, Cumberland County. Pennsylvania, to himself and the plaintiff, Pauline D. Krafsig, husband and wife, title to be taken as an estate by the entireties. The cost of said transfer to be borne by the defendant. BY THE COURT, Wayne Shade, Esquire For the Plaintiff Jay Braderman, Esquire For the Defendant :rim PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 01-3079 CIVIL : DONALD C. KRAFSIG, : Defendant : CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL REI.IEF ORDER AND NOW, this Z ~" day of September, 2001. after hearing and careful consideration of the testimony adduced, the court finding that the incomes of the parties are as set forth in our previous order of court but that the defendant has assumed an extraordinarily large mortgage payment in couneetion with the maintenance of the marital home, the guideline amount of the alimony pendente lite order in this case of $1,100.00 is adjusted downward and it is ordered and directed that the defendant pay to the Pennsylvania State Collection and Disbursement Unit the sum of $900.00 per month payable as follows: $800.00 per month for alimony pendente lite; and $100.00 per month on arrearages, effective May 21, 2001. All other terms and conditions of our order of July 19, 2001 not inconsistent herewith shall remain in full force and effect. BY THE COURT. A. Hess, J. ~ Wayne Shade, Esquire For the Plaintiff q~. ~.0 ~ Jay Bmderman, Esquire For the Defendant - su.O . ,,..n~elN '[ICETOW -, ~'7~ ~;/~/6 00nBmalO~eN°uce CoJCity/Dist. ~ ~/0[ .....'- m~e of o~erlN~i~ ~m ~ ~se ~mm~Y) ~s[G ~D C. ~ou~Ca~ Number ~ n~ ~~r's ~ ~fmr Em¢oye~w~,,"~ Cust~ial ~ ~ .... ~-~s a~cJa~ ~ c~S - - for suppo~ ~ . nen~t names a~ o~rm ua ._. c.~ n b~ed upon an omef S~ A~m ~ ~p ...... ice to withhold income m~ =u..O required to d~u~ these ORDER iNFORMATiON: This is an Omen~u~ . th ~ ~nnsyIvania. By I~, you am ounty, Commonweal _.. *.~h~r notim even if the Order/Noti~ is not . C~ C .... .~l'.or's income um- t~unts from the ab~-named emptO~e issu~ by your Stye. $ soo.Oo per month in currant suppO~ Arrears 12 weeks or stealer? OYes ~ no $ [0n 0o ~r month in past~ue suppo~ ~~ per month in medi~l support $ ~ o. o~ --,~ for .enetic test cmts $ ~ ~per mu.t. per month in other {speCi(Y) S . ,. -- -r month to be fo~arded to payee below. for a t~l of $ 900.00 ~ -- :- ~nlian~ with the suppO~ o~er. If your pay ~cle d~s not mat~ You do not h~ to va~ your pay ~cle to oe ~- ~'"~ the o~emd support payment ~cle, u~ the following to determine h~ much to withhold: ~ ~.~ ~ ~r weekly pay peri~:~ '-ve~' ~o weeks). ~per biweekly pay pen~ ~ ,~ $ ~per semimonthly pay peri~ ttwi~ a monthL $ ~per monthly pay peri~. N: '101 wo~ing days after the date of this R MITTANCE iNFORMATIO .... ,:~ -ay neri~ occurring ~en.~, . _, ...~.~ o din . You am ent~tl~ to ._E - · ~.kh~idj~e no ~ater than um ,,,~t ~,.,, :~.~ ~f the oayoate/aate u~ ~,.,,h · ~... ~mniov~ lot the You must ~8m wm,,,~,~ o · en ~ worK,n8 uo~ ~ :.~.~ the work state o~ yuu. ~,,,~ - ~er/Noti~. Send payment w?h~,~,~._, a~r to the 1~s g~,'"'o'- ~ a fee to defray the cost o~ w~mno~um~. ,~'- 55% of the employee'~ obiigor's the all.able amount. The total withheld ~ount, and your fee, ~nnOt exc~d ' ~gmgate disposable weekly earnings. For the pu~e ~ the limit~ion on withholding, the foUowin8 informatmn is need~ (See ~ on pg. 2). If remitting by EFT~DI, ple~e ~ll ~nnsylv~ia StYe Colie~ions and Disbu~ment Unit (SCDUI Employer Customer Se~i~ at 1.877-67~9580 for instrudions. Pa able to: PA SCDU ~ke Rem~t~nce Y ...... Cell2 HarrJsbur~ Pa 1710~9112 ........ t: Pennsylvania ~DU, p.u. ~ux ~ ' ,,*ME AND THE ~ACS~ Send ch~k o ....... ~ ~HE DEFEN~NT~ ,'~ .. ..... ~a ~ o~DER TO BE ~u~ca~'~ N ADDITION, P~YMEN~.~.~[~:~;r) O, sOCIAL SECURITY NUMP~a DO NOT SEND ~SH BY MAIL BY THE COUP: D~e of O~er: ~ ~ ~~ Worker ID ~A~'~' Se~i~ Type ~ ~"~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you am required to provide a copy of this form to your employee. 1. Priority: Withholdin8 under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there am Federal tax levies in effect please contact the mquestin8 agency listed below. 2. Combining Payments: You can combine withheld amounts from mom than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. .......................................... P"-'y ...... e':~. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholdin8 order and fon/vard the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If them is mom than one Order/Notice to Withhold Income for Support against this employee/obligor and you am unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WlTHHOLDER'S ID: 3,1753.0006B EMPLOYEE'S/OBLIGOR'S NAME: ]C]b~.~'STGI. DOI~T.,D C. EMPLOYEE'S CASE IDENTIFIER: ~ DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to mpon and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you am liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law 8overns unless the obli8or is employed in another State, in which case the law of the State in which he or she is employed 8overos. 8. Anti-discrimination: You am subject to a fine determined under State law for discharging an employee/obligor from employment, mfusin8 to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed 8overns. 9.* Withholding Limits: You may not withhold mom than the lesser oE 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income lef~ afmr makin8 mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTI(~N contact WAGE A'ITACHMENT UNIT 13 N. HANOVER ST by telephone at 77~225 or P.O. BOX 320 by FAX at ~ or CARLISLE PA 17013 by Internet ~ Page 2 of 2 Form EN-028 Se~,ice Type lq o/~t s N~-: 0g?0-01 S4 Worker ID ADDENDUM Summary of Cases on Attachment DefendantJObligor: r, ZAFSTGI, OOZ~.T~D C. ~umber 0 3 0 z 0 3 4 9 3/~--~,.~ ~.~ PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount 01-30T9 c'rv'rL$ 900.00 $ 0.00 Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB [] ff checked, you am required to enroll the child(mn) [] If checked, you am required to enrofl the child(mn) identified above in any health insurance coverage available identified above in any health insurance covera8e available through the employee's/obligor's employment, through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Altachment Amount S o.00 $ 0.o0 Child(mn)'s Name(s): DOB ChJld{mn)'s Name(s): DOB [] If checked, you am required to enroll the child(mn [] If checked, you am required to enroll the child(mn) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment, through the employee's/obli8or's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket AtZachment Amount S o.o0 $ 0.o0 Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB [] If checked, you am required to enroll the child(mn) [] If checked, you am required to enroll the child(mn) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment, through the employee's/obligor's employment. Addendum Form EN-028 Service Type M OMB No.: 09r~-01S4 Worker ID SI. ATT PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-3079 CIVIL TERM : PACSES: 030103493 DONALD C. KRAFSIG. : SUPPORT Defendm~t : CIVIL ACTION - LAW TRIAL MEMORANDUM OF DONALD C. KRAFSIG I. HISTORY OF THE CASE On May 21. 2001. the above-named Plaintift: Pauline D. Krafsig. filed a Complaint in Divorce in Cumberland County, against the above-named Defendant, Donald C. Krafsig. That Divorce Complaint was docketed to No. 01-3079 Civil Term. Immediately prior to filing the Divorce Complaint, the Plaintiff had moved from the marital home. Soon after filing the Complaint in Divorce Plaintiff Wife filed a Complaint for Spousal Support/Alimony Pendente Lite. Defendant Husband is 71 years of age. and Plaintiff Wife is 66 years of age. Both are retired from the Commonwealth of Pennsylvania. A hearing before a Domestic Relations Conference Officer was held on July 19, 2001. At the hearing, it was determined that Plaintiff Wife had a net income of $1,488.00 per month and that Defendant Husband had a net income of $4,477.00 per month. Wife's earnings were calculated based upon her Commonwealth of Pennsylvania Retirement. She never invested in. nor is she eligible for Social Security Retirement Benefits. Husband was determined to have a net income of $4,477.00 per month, which consisted of his Commonwealth of Pennsylvania Pension. plus Social Security Retirement Benefits. With those net earnings assigned to each of the parties, an Order issued from this Court requiring Defendant to pay $1.100.00 per month for Alimony Pendente Lite. and $100.00 per month on arrears. Arrears were set at $2.200.00 as of July 19. 2001. and arrears accumulated from May 21. 2001. the date Wife filed for support/alimony pendente lite. At the hearing, Defendant Husband argued that the marital expenses, particularly in preserving the primary marital asset, well exceeded his income, and therefore there should be some consideration of a reduction in the amount he was to pay lbr alimony pendente lite. As a result of the Order of Court assessing Husband with a net monthly payment of 5;I .200.00 to his wife. an Appeal was taken by the Husband for a hearing de novo. which is scheduled for September 24. 2001. and pursuant to which the instant memorandum is filed. Il. ARGUMENT It is well settled that under the so-called support guidelines, more particularly Pennsylvania Rules of Civil Procedure. Rule 1910.16-4. Spousal Support, is an easy mathematical calculation being 40% of the difference, subtracting obligee's monthly net income t¥om Obligor's monthly net income. Pennsylvania Rule of Civil Procedure 1910.16-5. sets forth possible deviations l~m the amount of support. More specifically, that rule states: 1910.16-5(a) "if the amount of support deviates from the an~ount of support determined by the guidelines, the trier of fact shall specify, in writing, the guideline amount of support, and the reasons for. and findings of fact justi~'ing the amount of the deviation." Rule 1910.16-5¢b) states in part: "in deciding whether to deviate from the amount of support determined by the guidelines, the trier of fact shall consider: { 1 ) unusual needs and unt~sual fixed obligations: 15~ assets of the parties." This particular support case is most unusual in that the primary marital asset of these parties, after 44 years of marriage, is the marital home. The parties have owned this home since 1977, and substantially all of marital income and other assets have gone into adding to this home, by adding floor space to it. fixtures and fi, mishings. The parties have no other significant assets. The home consists of approximately 14.000 square feet, has an adjoining outdoor pool and is located on a little over two acres. It is currently listed for sale with a broker tbr $1.899~000.00. Because of the listed price and the thct that there are several rooms in the home that are not yet completed, it is not likely that a buyer for that amount of money will be found in the immediate future. Certainly. some reduction in price is contemplated. That reduction in price may come as a result of the broker's su ,ggestion. Defendant Husband continues to remain in the home and irrespective of what Wife may represent, she was not forced to remove herself therefrom. Husband relied upon wife's income as well as other saved assets, which have been dissipated by now, to maintain the home and to complete other rooms of the house. As per exhibits to be introduced at trial, the husband continues to have certain fixed expenses regarding the home. There are two outstanding mortgages having about a $150,000.00 balance. Mr. Krafsig is required to pay $2.736.00 per month on those mortgages. Refinancing those mortgages as continually suggested by Wife's attorney, is not feasible because of the cost of refinancing and because of Husband's advanced age. In addition to the mortgage payments, the real estate taxes on the house amount to approximately $620 per month. The mortgage payments and tax payments alone amount to $3.356.00 per month. The required payment of the mortgages and taxes do not include other fixed expenses such as house insurance, utilities and maintenance. An analysis of the partics' joint income and their ability to meet expenses prior to Wife's voluntar)' removal from the home. is instructive. Considering Wifh's net monthly income at $1,488.00 and Husband's net monthly income of $4,477.00, that amounted to household income of $5,965.00 per month. That net joint household income was stffl']cient to pay the mortgage, taxes, utilities, and to generally run the household. In addition, there was available in prior years, at least through the beginning of the year 2001, some accumulated savings that the par~ies drew upon to meet extra expenses. Those savings have now been dissipated (if necessary at hearing the source of those savings will be produced). Currently. and in consideration ofthe existing support order, Mr. Krafsig has available to him $3,277.00 ($5,965.00 - $$1.488.00 wife's income -$1,200.00 husband's support obligation). Net income available to Husband, again, is $3,277.00. which net income to him is less funds than the total cost of the mortgages and real estate tax payments. If Mr. Krafsig continues to pay the mortgage and real estate taxes, he has no monies to pay for utilities such as heat. electric, etc., and more importantly has no funds, whatsoever, to buy himself necessities of life. such as food. medical prescriptions and other medical expenses. As was stated above, the primao' marital asset is the marital home. As a result of this court's opinion in a companion case, there has already been a deed transfer, whereby the home is held by both parties as tenants by the entireties. Mr. Krafsig never denied that his wife had a full marital interest in the real estate. Introduced as exhibits, will be other fixed expenses of Mr. Krafsig. including homeowner's insurance, auto insurance, maintenance costs, including plumbing, lawn care. refuse cost, etc. By Mr. Krafsig continuing to pay the mortgage and attempting to pay other costs of maintaining this home, he is indeed preserving the single significant marital asset. Mrs. Krafsig should help in the preserv'ation of this marital asset and the only wa)' she can help is to 4 agree or have the Court order a significant reduction in the amount of alimony pendente lite to be paid to her. The home is large enough whereby it may be prudent for Mrs. Krafsig to move back in and contribute part ot' her income, as she had done in the past. to the maintenance and preservation of the marital asset. Mrs. Krafsig was never in any danger from Mr. Krafsig and according to Mrs. Krafsig. the marriage had eroded many years earlier and apparently they lived peacefully under the same roof. When the house is sold and the proceeds of that sale equitably divided, then both parties will be moving t~m the residence. Mr. Krafsig desperately needs Mrs. Krafsig's help in continuing to finance, maintain and preserve the house. As Pennsylvania Rules of Civil Procedure. 1010.16-5 states: unusual needs and unusual fixed obligations may be taken into consideration, as well as the assets of the parties, when deciding whether or not there should be a deviation from the support guidelines. It is submitted there should be a substantial deviation because of the unusual needs and unusual fixed obligations of Mr. Krafsig. The assets of the parties are primarily this very valuable home and the parties jointly should do whatever they can to preserve it for distribution of the proceeds of that asset at a later time. In the event the Court sees fit not to give Mr. Krafsig any relief as requested. Mr. Krafsig cannot possibly pay the taxes and the mortgages and tend to his personal needs including purchasing medication for himself~ as well as tbod for his own consumption. The house, if not sold, through a normal sale. may be lost by mortgage foreclosure or nonpayment of taxes, which, of course, may be argued may take a year or two. Nevertheless. Mr. Krafsig must take care of his personal needs of tbod and shelter before he makes any additional payments for taxes and mortgage expense thereafter. Respectfully submitted Esq. . - 1~6 Eocugt Street P. O. Box ! 1489 blarrisburg. PA 17108-1489 Pa. I. D. No. 07047 Attorney for Defendant In the Court of Common Pleas of Cumberland County, Penn~~ ~~l Phone: Fax: Plaintiff Name: Pauline E. Krafsig Defendant Name:Donald Krafsig Docket Number: 30693 PACSES Case Number: 030103493 Other State ID Number: Mease sore: Afl corr~poud~e mtml h~clude ~e PACSE$ Ca_~ Number. Income and E.xoen~. Stnto,uent THIS FORM MUST BE FILLED OUT (If you ate self-employed or if you are salaried by a business of which you are owner Jn whole or part. you taus! also fill out Ih¢ Supplemenud Income Statement which appears on page two of this income and expense staremeut.) INCOME STATEMENT OF Donald Krafsig Section I: Incom and ins fane INCOME: ~plo)'¢r Retired Add~ess Type of Work Payroll No. Gross Day {mci- Ply Pa~'k~l S Ply Period (wkly., bJ-wk,')-., ~te.) itemized Payroll Deductions: _s_m., Net Pa)' per Pay P~rio~i $ 44'7'/.00 ~oer month TOTAl. 8 3 2 TDTAL INCO~% * H =H~mhand; W~Wife; l =Joint Service Type Form IN-O08 Worker ID Income and Expense Statement PACSES Case Number INSURANCE Coverage * COMPANY POLICY# H W C Hosoital Blue Cross Other Medloa] B[u~ Shield Other HealthlA¢¢incnt D~abilky Income Dental Other · H =Husband; W=Wilb: C=Child Section II: Supplemental Income Slatm~nt a. This form is to be flllnd out by a person [] (2) who is a member of a parm~rsh¥ or ~ ve:uurc, or [] (3) who is a shareholder in and is salaried b) a ¢!osed corpo~alion or similar emity. (I) the most recem Federal Income Tax R~mm. and [] (1) parlncrsh[p [] (2) joint venture [] (3) profession [] (5) other (I) IIow often is income received? (21 Gross income per pay period: (3) Net incomc per pay perind: (4) Specifind deductions, if any: Page 2 of 3 Form IN-008 Service Type Worker ID Income and Expense Statement PACSES Case Number Section HI: Expenses Instructions: Only show extraordinary expanses in tiffs section unless you filled out Section I[ on page two. The categories in BOLD FONT are espacinUy important for calculating child support: If you are requnsting Spousal Suppor~APL or il' you assert )'our case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) (Fill in Appropriate Column) EXPENSES EXPENSES WEEK MONTH YEAR (continued) WEEK MONTH YEAR I om~c 2 736 32832 Education blongsgc/Rent S $ 100 1200 Private School S $ $ Maintenance Parochial School Utilities I College Electric S S 1 fi 0 S l q :~ 0 Religious Gas I Personal Oil d~fl R rg'90 Clothing IS S .~fl Water Barber/ mi~d~r 15 18 0 scour/re fum 15 18 ~ Credit Pavmems Emnlovment . Credit Card Public Tran.~on. S S Lunch Charge Mereberships Loans Real estate 6 2 0 '7 4 4 '7 Credit Union ' $ S S Homeowner's S 2 0 4 2 4 5 2 Automobile 4 0 4 Lite Miseellaneous Accident Hou~hold Help S S S Child care Health 9 0 1 0 8 0 Other Ma-oazines 2 0 2 4 0 · EnleRathment Paymen s S $ Pa), TV Fuel Vacation Repairs Gifts Legal fees Charitable Doctor S 5 0 5 0 { Contributions De~Rst 50 5 0 0 Other Child Or~c, domisl AUmoay Hospital Pavmea£~ Medicine 7 2 0 Other (glaeses, braces. Pet S s30 s 360 4s0 ,,p= 1 00 14400 (106,,000 m.i. les) Expenses:Is s 6525 s 7829~ I [ verily that thc statements made in this Income and Expense Statement are true and correct. [ understand that false statemenLs herein are subject to the criminal penalties or 18 Pa. c.s. § 4904. relating to unswom falsification to authorities. Date Plaintiff or Dcli~ndant Page 3 of 3 Form IN-008 Service Type Worker ID 2000 TAX RETURN FILING INSTRUCTIONS U.S. INDIVIDUAL INCOME TAX RETURN FOR THE YEAR ENDING DECEMBER 31,. 2000 Prepared for DONALD C. & PAULINE D. KRAFSIG 1505 HIGH MEADOW LANE MECHANICSBURG, PA 17055 Prepared by HARTMAN & SCHEUCHENZUBER, CPAS 4823 E. TRINDLE ROAD, SUITE 200 HECHANICSBURG, PA 17050 Amount of tax Total taxx $ ...... ! 1, ~.~.~ Less: paymen,, and creo,ts $ 12, ~) 06. Plus: interest and penalties $ .... 0 OVERPAYMENT S ' '. ...... :~,~1 M,scerlaneous Donations $ 0 Overpayment Credr~ed to your esbma~ed tax $ ........ 0 Refuncted toyou $ i, 351 Make check NOT APPLICABLE payabJe to Mail tax return and check (if INTERNAL REVENUE SERVICE applicable) to PHILADELPHIA, PA 19255-0002 Return must be ~ mailed on orbefore APRIL 16, 2001 Special i~HE Instructions RETURN SHOULD BE SIGNED AND DATED. [] CORRECTED (i~checked) PAYI=R'S name. si:eel address, cltv. $Iate and ZIP code 1 COMMONWEALTH OF PE~SYLVAH[A S~0,27~.20 STATE EMPLOYEES' RETIREMENT SYSTEM 2,1 Ta*z~fe Amour: [ 200 Dis:r,buz,mt From Pensions. PO BOX 1147 HARRISBURG, PA 17108-1147 S20,275~0 ] .... ~ P~o~-sh~:i~ p,~. z~. 23-1732438G ~ 289-30-7913 COPy C PA~'L~ ~ ~.~S:G S E~plo~ee Contributions information is 1505 HIGH ~[E.~0%¥ LANE [ being bZEC~tNICSBb~G PA 17055 ~ o,~, ~od~ ~a~ ¥o.~,o~,d,~.j the lnternal ~ CORRECTED (i['ehe:ked) CO~, MON1A'EALTH OF pIrNNSYLVANiA 551,810.00 ~ s.~::.~z: ~o~ Rec:~.~e. ~.' STATE EMPLOYEES' RETIREMENT SYSTEM [ 2., 7a~.~: A::~.. ~'~::i~ic~. R~::em~::: o: PO BOX 114~ [ S51,810.01) L lasura.c: C'o:~::.tcr,. e~. tIARRISBURG. PA 17108-[147 ~b Ta~dWcam,~:~: ~ :. ~ 23-1732438G [ 16=-=..7155 ' ' 510.488.24 coPY DONALD C KRAFSIG ,5 5 Enlp~,~:.cc (:o":'i~::o,t, i.furmation ~505 HIGH~IE.~O~¥ LN hein~ ~ fur.ished to ~ ' Service. al727-11-3~3. ~"~ 1099-R ,.s. ,.,,v,dua, ,ncemo.ax,ot.m 2000 on page 19 ) Last name ,,em. ms ~ ~ ~'Z~ ~a~eL 289 ~30:79~3 please print J ~~AO~E E M' ' ' ' Erection Campaign Note. Checking 'Yes' w;ll not change your t~ or re~uce your refund. You Spouse (Seepage19') ~ ~Y°u'°ry°urspousei~fllrn~ointret,m.want$~tot, sfun~ ~ ~Yes~No ~Yes~No Filing Status 1 S;ngle ..... ~ar;ied filing jomt return (~ven d only one ~a~ 4 ~ Head of hous~hor~ (wi;~ qu}hF?n9 person). (Ssd D3~d 19 ) If t~e gual~t~ng pd~0n is a c~il~ but not your dependent enter ibis c~ild's Ch;c~ only ~ name~e~ ~ ' ' Exemptions ~ ~iid (yea~ouse dre~ ~ ). [See pag~ 19.) Alta;h 8a Taxable ;nterest. At,ch Schedule 8 d r~quired ................................................................... W-2G here. 9 ' · · 1099-R if tax 11 Alffmony received ............................................. wa; withheld. 12 Busm~ss income or (loss). Attach Schedule C 0r C-EZ ....................... Ir you d~ noi 13 CaprUI gam or (Jess). Attach $ch~dul~ 0 it reqwred. gdt a W-2. 14 O~het gains or (losses). AEach Form 4797 Enclose. but do 17 b Taxable amount {see page 23) 72~0~. Form I040-V. 20a Socialsecurd~,~eneht~ ~0a ........................................... I [~ ~ ~86 .J a Taxa~leam0unt(see page 25) ,6[3. 21 Other income List type and amount (see page 25) PROPERTY TAX REBATE 100 100. ..... 83 927. 23 IRA ~ucbon (se~ pag~ 27) . . . . 23 Adjusted 24 Student loan interest ~educt~on (see page 27) .. ... 24 Income 26 Mov.n~expenses Attach Form3903 26 27 One-hair off salt-employment lax A~tac~ Schedule SE 27 28 Self-employed health ~nsuunce deducbon (see page 29) 28 29 Self-employed SEP. SIMPLE. and qualified plans 29 31a Ahmony pa~ b Rec~pienrs SSN ~ ~ 33 Subtract line 32 from hne 22 This '~ss income ~ ~ 9 2 7. L7060403 759103 162227155 2000.05030 KRAFSIG, DONALD C. 16~9771 ~,~,.~=o!z~'~ DONALD C. & PAULINE D. KRAFSIG 162-22-7155 Tax and 34 Amount from hne 33 (adjusted gross ~ncoma) ........................................................... PaGe 2 Credits 35a Check ~ You were 65 or o der. ~ Blind: ~ Spoueowas68orolder. ~-~ Blind. 83 927. ' L Add the number of boxes checked above and enter the total here ........................ · 35=, Sranea.~ b If yOU are married filing separately and your spouse itemizes deductions. ~, Uo,t or you were a duel-status alien, see page 31 and check hare "'"" 36 Enter your Itemized deductions from Schedule A, line 28. or'~i~n~i~ ......................... · 38b s,,,u,e deduction ,Shown on the left. But see page 31 to find your standard dednction if gu s.4..eco checked any box on line 35a or 3Sb or if someone can claim you as a dependenty ..................... 6 8 2 37 Subtract line 36 from line 34 · ......................................................................................... 67 .245. ,°useno~a 38 If line 34 is $96.700 or less. multiply $2.800 by the total number of exemptions claimed on sa. asa hne ed. It line 34 is over $96.700. see the worksheet on page 32 for t~e amount to enter ................... 5 6 0 0. 39 ?axable income- Subtract line 38 from line 37. If line 38 is more than line 37. enter ·O. '" 61,645. Slame~j~l,.g 40 Tax(seepage32).Cbecklfanytaxfrom a[~lForm(s)8814 bl'~Forme972 11t555 IOmr.)' or 41 Alternative minimum tax. Attach Form 8251 ' s?.a~ 43 Foreign tax credit. Attach Form 1118 if required 43 I · 1 1 ! 5 5 5. a,Tame~ 44 Credit for child and dependent care expenses. Altech Form 2441 ............ 444~.~L se;~te~ 45 Credd for the elderly or the disabled. Altech Schedule R I 48 Education credits. Attach Form 8883 .................................... 48 47 Ch,Id tax cred,t (see page 38} 48 Adoption credd. Attach Form 88~9 ................................ 49 Other Checkiftrom a ~ Form3800 b r~l Form8398 48 c [-~ Form 8801 d L'~ Form (specify) ~49' 50 Add lines 43 through 49. These are your total credits 81 Su~trac Pine 50 om m,..42 ............................ · . If line 50 is more than fine 42. enter -0- ' ................... · 1 5 5 5. Other 82 SelT-amploymenltax. Attach Schedule SE ....... Taxes fi3 Social securJfy and Memcare tax on tap income not reportea to employer. Attach Form 4137 8a Tax on IRAs. other rehrement plans, and &1SAs. Attach Form 5329 it reqmred ........... 85 A~J':ance earned income credit payments from Form(s) W-2 . ' ...................... 56 Household employment taxes. Attach Schedule H ................... 57 Add lines 51 through 86. This is your total tax ............................. · 11----~. Payments 58 FaderaJincome tax withheld from Forms W-2 and 1099 89 2000 est'mated tax paymonta and amount applied from i~g' ~t~'r;; ........... ~rv,~,, h..;]--80a Earned Income credit (EICJ and t'/pe · 61 Excess social securrty and RRTA tax withheld (see page 50) 82 Addihonai child tax credd. Attach Form 8812 63 Amount paid with requeat for extension to file 64 giber p,'~ymenls Check if from a E~] Form 2439 b ~ For~14136 ' 65 Add hnes 58.59.60a. and 61 through 64. These are, ' ' Refund 66 .. = ~ 1 2,9 0 6, H~e Jt 67a Amount pt line 66 you want refunded to you a,,,.: u~, ne 65 is more than line 57, subtract line 57 from line 65. Tins Js the amount you overpaid ........ I, .3 5 1. ..po.,,,~! · b Routmgnumber ......................................................... · lr351. s~.ag,.so · C Type: ~ Checking E~] savings 68 Amount. of Pine 86 you want applied to your 2001 estimated tax .... · I 68 Amount 89 If Jme 5, is more than line 65. subtract line 65 from Irne 57. This is tnb amount you owe. You Owe 70 Eshmatedtax ena~: Afsoinclude on line 69 Sign u"<'" "".'~,-'. o, .o,~,'/....~,.,. ,,,.e, ,.,,....,.,..(, ,,. ,.f,.-~ ~ ~ ......... .'" .... '.. · foryour · .._,C~. ...... a eu¥ I ~{ETIRED I Use Only ~o~,~,~., .~ Ik4823 E. ~RTNDLE ROAD SUT ~o · · .oz,~oo., MECHANICSBURG, PA 17050 7060403 759103 162227155 2000.05030 KRAFSIG, DONALD C. 1~$~, SCHEDULESA&B I Schedul.- ^ - ,.----,---..-.--..- -._ ¢i%rm t04o) I uCt,o n s F ZOO0 ~~-,,- sv ,-om11 u'~u. J~ See Instructions for Schedules A and B (Form 104~ Medical Caution: 00 n0I include expenses reimbursed or paid by others. ' and I MedJcalanddenta/axpenaes(seepageA.2) SEE S'['A~'E~4P../",T? [ Dental 2 Enter amount from Form 1040. line 34 ............. L2 I 83 ,'9 ~ 7. Expenses 3 Multiply line 2 above by 7.5% (.075) ..................................... 4 Subtract hne 3 from I~ne 1 If line 3 ~s more than hne 1. enter .0- Taxes You 6 State and Iocalincome taxes . Paid 5 Real estate taxes (see page A.2) ......... (See 7 Psmonalproperty taxes ...... ' ............................................. page A-2.) 8 Other taxes. List type a~d amount ..................................... · 9 Add lines5 through 8... - ............ Interest 10 Home mortgage interest and points reported to you on Form 1098 , 7 4 You Paid ~ 1 Home mortgage interest not reported to you on Form 1098. If paid t~'t~_~'~:~S0~ .... from whom you bought the home. see page A-3 and show that person s name. (See identiyng no.. and address page A.3.) · Note: ..................................... ~nterest ~s 12 Po~nte not reported to you on Form 1098. (See page A-3.) ......... not 13 Investment interest. Attach Form 4952 Jf required. (See page A.3.) ............. cleduchble. 14 Acid lines 10 through 13 Gifts to 15 Gdts py cash or check. If you made any gift of $250 or more. I ; ~) ~ 1 Charity see page A.4 If ~,0u m,tde a 16 Other than by cash or check. If any gift of $250 or more see page A-4. gilt and g0I a You MUST attach Form 8283 If over $500 bene;il t0; rt. 17 Carryover from pnor year .................................................. see page A-4. 18 Add lines 15 through 17 .' ........... i ........................................................ Thelt Losses 19 Casualty or theft loss(es). Attach Form 4684. {See Jab E;penses 20 Unreimbursed employee expenses - job travel, union dues. job educabon, etc. and Most Other You MUST attach Form 2106 or 2106-EZ ~f required. (See page A-5.) Miscellaneous · Deductions .................................... 22 Other expenses - investment, safe deposit box. etc. List type and amount (See · ........ page A-5 for ............................. ........... · 7 ........... 23 Addhnes 20 through 22 . . . ................... 24 Enter amount from Form 1040. line 34 25 Multiply line 24 above by 2% (.02). 26 Subtract hne 25 from line 23. Ii'line 25 is more than line 23. enter -0. 0tber 27 Other - from J~st on page A-6. L,st type and amount .... 0 · Deductions Total 2s Is Form 1040. fine 34. over $128,950 (over $64,475 if married filing separately)? Itemized [~ NO. Yourdeductionisnotlimited Add the amounts in the far right column Deductions for lines 4 through 27. Also. enter on Form 1040. line 36. t" · 6 8 [~] YES. Your deduction may be hm[ted. See page A.6 for the amount to enter. LHA For Paperwork ReducUon Act Notice, see Form 1040 instructions. Schedule A (Form 1040) 2000 :7060403 759103 [62227[55 2000.05030 KR.~FSTG, DOt~I'.D C. 1;~-~ DONALD C. & PAULINE D. KRAFSIG 162i22i7155 Schedule B - Interest and Ordinary Dividends Pert [ Note. If you had over $400 in taxable interest, you must also complete Part III. Interest 1 Ust name of payer. If any interest is from a seller.financed mortgage end the buyer used the Amount property as a pemonal residence, see page B-1 and list this interest flint. Also, show that t)uyer's social security number and address · ALLFIRST BANK M&T BANK 53. PSECU 56, Note: Ii'you 1,020. received a Form 1099.1NT. Form 1099.OID, or substitute statement from a brokerage firm. I;st the firm's name as the payer and enter the total inlerest shown on that form· 2 Add the amounts on line 1 .................................... 1~129. 3 E.~cludable interest on ser~es EE and I U.S. savings bonds issued aher 1989 from Form 8815. rme 14. You MUSTattach Form 8515 4 Subtract line 3 from line 2. Enter the result here and on Form 1040. line 8a · · 4 ~ Part II Note. Jf you had over $400 in ordinary dividends, you must also complete Part III. ' Ordinary 5 List name of payer. Include only ordinary dNidande. If you received any capital gain distributions. Amount Dividends see the instructions for Form 1040. line 13. · Note: I~' you received a Form 1099.DIV or substitute statement from a brokerage firm. list the firm's name as the payer and enter the ordinary dividends shown on that form. 6 Add the amounts on line 5. Enter the total here and on Form 1040, line 9 Part IJJ You must complete this part if you Ia) had over $400 of interest or ordina.ry dividends; (b) had a foreign account; or F Foreign lc) received a d~strll3ution from. or were a grantor of. or a transferor to. a foreign trust. Nc Accounts ?a At any t~me dunng 2000. d~d you have an interest ~n or a signature or other authority over a financial and account in a foreign country, such as a bank account, secuntles account, or o her f nancial account? ~ X Trusts b If 'Ye$.' enter thenarne 0fthe f0reignc0untry · " .?---- 8 During 2000. did you receive a d etribution from or were you the grantor of or transferor to a foreign trust'~ IF 'Yea.' you may have to file Form 3520. See parle B.2 .. X f.HA For Paperwork Reduction Act Notice, see Form 1040 Instructions. Schedule B IForm 104( 2000 '060403 759103 162227155 2000.05030 KRAFSIG, DONALD C. DONALD C. & PAULINE D, KRAFSIG 162-22-7155 ~CHEDULE A MEDICAL AND DENTAL EXPENSES STATEMENT 1 DESCRIPTION AMOUNT PRESCRIPTION MEDICINES AND DRUGS MEDICAL INSURANCE PREMIUMS PAID 643. DOCTORS, DENTISTS, ETC. 1,092. 351. TOTAL TO SCHEDULE A, LINE 1 2,086. 5 STATEMENT(S) 1 [7060403 759103 162227155 2000.05030 KRAFSIG, DONALD C. 1~999711 LOOK FOR Uq. WE'LL (iET YOU THERE. P.O. Box 1711. HarrisOn. ~nnsglvanla 1710S-1711 DONALD C KRAFSIG PAULINE D KRAFSIG STATEHENT DATE FOCUS 1505 HIGH HEAOOWS LN 8/24/01 HECHANICSBURG PA 17055-6769 PAGE 1 ACCOUNT NUMBER TYPE OF ACCOUNT: INTEREST PAID ANNUAL PERCENTAGE YIELD DAYS IN CYCLE AVERAGE BALANCE YEAR TO BATE EARNED (APYE) 0200076790 FOCUS 50 FREE INTEREST .36 .90 X 32 7.05 PREVIOUS BALANCE DEPOSITS WITHDRAWALS CHARGES INTEREST ENDING BALANCE 7.05 1.176.79 1.176.79 .OD .00 7.05 OATE ACTIVITY DESCRIPTION DEPOSITS WITHDRAWALS BALARCE 8110/01 DEPOSIT 1,17B.79 1.183.84 8/10/01 AUTOHATIC LOAN PHT 1.176.19 7.05 ..................... ~]~)~[-~s the moFE~'~F~-~-~)E-]ii-~u-~-~;~]~;-~;[~; ......................... your looking to finance your dreom house, or fix up your current home. Waypotnt Nortgoge Centers ere here to help. For more tnformotion abou~ any of Waypotn~s mortgage products please call 1-866.929.7646. Customer Service Toll-Free 1-866-WAYPOINT (I-86E-9~9-764E) · In York Area 717/815-4;;00 poo.so.heo~, www.wmgpolnhbank.com ----------- DONALD C KRAFS 0050063164 DATE PAUL/NE D v"*--/G OCT Ca~cK~o. OCT 16 01 1637.94 ~ _W41_YPolrlt B~rlk P:EASEE~V~RA'~'~U~Vr~4'O ouar PO 8ox 8617' Nanfaburg, PA 1710S · ~: 5000,,,00 50~: O0500 r., :3 & r. L,, ~0 · .'........ ...... .-.:... . . ,"0000 & 55 Account 0162227155 KRAFSIG,DONALD C E~£ect~ 09/04/01 Post: 09/04/01 Tlr~ 0056 ID DUE DATE PRINCIPAL INTEREST FEES NEW BALANCE TRAN AMOUNT SEQ Withdrawal ~rom REGULAR SHARES Prev Bal~ 4,014.36 01 3,500.00- 0.00 0.00 514.36 3,500.00 #243530 Check Disbursed DONALD C KRAFSIG 3,500.00- DONALD C KRAFSiG 1505 HIGH MEADOWS LN MECHANICSBURG PA 17055-6769 Document ~mher: 1729178 Account 0162227155 KRAFSIG, DONALD C E£~eot~ 09/04/01 Post~ 09/04/01 Tlrl 0056 ID DUE DATE PRINCIPAL INTEREST FEES NEW BALANCE TRANAMOUNT SEQ Withdrawal ~rom REGUId%R SHARES Prey Bal~ 4,014.36 01 3,500.00- 0.00 0.00 514.36 3,500.00 9243530 Check Disbursed DONALD C KRAFSIG 3,500.00- NO STOP PAYMENT PERMITTED PSECU is obligated to pay this Cashier's Check according to its terms at the time it was issued, If the check is lost, stolen or destroyed please contact us at (800) 237-7328 nationwide or {717) 234-8484. ACCOUNT TYPE $TATEHENT PERIOD PASE 3440005204 CLASSIC CHECKING JUL.21'AUG.2'I,2001 I OF 1 O0 0 04306fl NH 017 130~ DONALD C KRAFSIG 1505 HIGH MEADOWS LN HECHANICSBURO PA 17055-6769 CAPITAL -HARR/SBURG ACCOUNT SUHHARY SESXNNXNG DEPOSXTS E XNTE~Ea~ PD OTHER ADDXTXONS ] OTHER I CURRENT EN/)XNG I SUBTRACTTONS [ R~LA~CE BALANCE NO.0 ANOUNT CHECKS pA'rD POST/NG ACCOUNT ACTIVITY DEPOSZTS.,TNTEREST CHECKS R OTHER DAILy DATE TRANSACTION DESCRTpTTON fL UTHER ADDITIONS SUBTRACTIONS i~,lllNCE 07-21-01 BEGINNING BALANCE $968.85 87-23-0] CHECK NU~ER ~47 93.12 07-25-0] CHECK NUflBER 6842 43.S0 07-23-0 CHECK NUfiBER ~46 ].3.96 U18.2S 08-06-0 CHECK NUH~,ER 6849 67.21 08-06-0] CHECK NUfiBER 6848 ?.O0 7S4.04 08-10-0] CHECK NUNBER 68S1 213.15 08-10-0 r'HECK NUflBER 68S0 79.91 460.9B ENDTNS BALANCE .460.9S CHECKS pATD SUflHARY J ~24 Mump~r L,~e ..... D .... ~ ...... P~:NNSYL~'A. NIA ] 70:9 ~NTNU~ER ~. ] 697-4040 43~'3999 ~J~er 30 days 1~-=% inte¢esL AMOUNT ENCLOSED $ RETURN THIS PORTION WITH PAYMENT DATE CHARGES AND CREDITS AMOUNT ~ - ~'V" ~'.~:--~-'~'~.,~1-"" ', n.. ,J~.:.S1 '.;._ .?..)L -", p..-r,,.,j ;:: :?,!~'.~:.~"F..*-.. L44..C;,' )r',.':)f~.": .'/C:8 L ~//. ['IR-i: ~ 5~;¥.f).,~.?, '~3.o..,.. Homeowners PohcyDECLARATIONS PAGEDELUXE COVERAGE OFFER POUCY NUMBER POLICY PERIOD 12.01A.M STANDARD TIME COVERAGE IS PROVIDED IN FROM' TO. THE SHELBY INSURANCE COMPANY P. O. BOX 43300 HM 000004101 3/10/2001 3/10/2002 BIRMINGHAM AL 35243 INSURED NAME / ADDRESS AGENCY NAME / ADDRESS DONALD KRAFSIG V PAl072 i Phone #: 717-774-7481 PAULINE KRAFSIG NEW CUMBERLAND AGENCY INC 1505 HIGH MEADOW LANE 516 BRIDGE STREET, P 0 BOX 310 MECHANICSBURG PA 17055 NEW CUMRERLAND, PA 17070 THE LOCATION OF THE PREMISES COVERED BY POLICY IS: 1505 HIGH MEADOW LANE MECHANICSBURG PA 17055 RATING INFORMATION PRT. CLASS : 09 PRIMARY RESIDENCE: Y CONSTRUCTION: MASONRY, BRICK, OR STONE CONSTRUCTION YEAR: 1976 NO.FAMILIES : 1 RATING TERRITORY : 009 SECTION I LOSS DEDUCTIBLE: $ 250 LIABILITY IS SHOWN OR A PREMIUM IS STATED SECTION ! COVERAGE LIMIT OF LIABILITY PREMIUMS I~ELLING 986,598 2,781.00 OTHER STRUCTURES 98,660 PERSONAL PROPERTY 493,299 LOSS OF USE 197,320 SECTION II COVERAGE PERSONAL LIABILITY 1,000,000 21.00 MEDICAL PAYMENTS 5,000 SECTION I/SECTION II PREMIUM ........................ : $ 2,802.00 TOTAL ADDITIONAL PREMIUMS/CREDITS LISTED BELOW ...... : $ 350.00- TOTAL ANNUAL PREMIUM ....... * o ,cy prem '- be .......... : $ 2,452.00 /Installment. ENDORSEMENTS DATE DESCRIPTION RATING CRITERIA PREMIUMS HO 00 03 4-91 SPECIAL FORM EO 04 96 4-91 NO HOME DAY CARE COVERAGE E0 05 05 10-94 SPECIF. ADD. AMT. INS. COY. A 50 ~ $ 39.00 H0-291 1-81 PENNSYLVANIA NOTICE 'ITC0002 5-98 AUTOMATIC INFLATION ADJUSTMENT HO 01 37 12-98 SPECIAL PROVISIONS HOC0018PA 10-98 ADDITIONAL COVERAGES ENDORSEMENT ILA0007 1-99 RENEWAL NOTIFICATION AND AUTO TERMINATION CONDITIONS HO 04 16 4-91 PREMISES ALARM OR FIRE PROT. SYSTEM 20 ~ $ 556.00- HO 23 63 4-93 PERSONAL PROPERTY REPLACEMENT COST $ 167.00 MORTGAGEE OR ADDITIONAL NAMED INSURED - (* DENOTES HO/DP 04 41 INTEREST) HARRIS SAVINGS BANK HARRIS SAVINGS BANK ISAOA/ATIMA ISAOA/ATIMA PO BOX 1711 PO BOX 1711 HARRISBURG, PA 17105 HARRISBURG, PA 17105 Authorized Signature: rUK ~LAZn~ ~ALE z-800-444-3928 Date: 01/04/2001 HOD0002 (06/98) C~HODE 2040 MARKET STREET PHILADELPHIA, PA. 19103 bl/~Y 3, 2001 DONALD C KRAFSIG 1505 HIGH MEADOW LANE MECHANICSBURG, PA 17055 Policy Number: 2420 1275 Premium: $404.00 Effective Date: 06/12/2001 - 06/12/2002 Your Automobile Insurance Policy with Keystone Insurance Company is coming up for renewal on 06/12/2001. The prices, coverages and limits are shown on the enclosed Extension Certificate. Please take a moment to review the amounts listed and to make· sure the coverages and limits suit xour needs 9nd des.ires. The premium shown is an annual premIum covering the entxre policy year. The billing statement shows the due date and your payment options. During ~he ppst ten years, we have been able to provide the coverages you desire w~thout the need to increase p~emiums. We find. it necesspry now, however, to take a modest percent increase. The ~ncrease will vary by t~e coverage ypu have selected. Rising medical care costs and auto repaxr costs continue to push the price we pay for taking care of you and your car even higher. We take the trust you have placed in us to take care of your insurance needs seriously and we will continue to provide quality insurance at an affordable cost. I wanted to write to let you know that even though some of the costs we have paid have gone up over 10%, we've worked hard to keep the increase as small as possible. If ypu have any questions please contact your keystone Representative whose name and telephone number appear opposite your name on the Extension Certificate. Your Keystone Representative would also like to help you with any other insurance needs you may have. We at Keystone Insurance Company thank you for your loyalt~ and the continued opportunity to serve you. We assure you oz our commitment to provide you with top qualfty service. Sincerely~ pp g Vice President - Policy Acquisition * P.S. Your Insurance ID Cards are included on the last page of this packet. * AAA ~gid- Atlantic Ins=an¢~ Company FnlS2 D-Sa~ Keystone Insurance c .. ...... .' AAA Mid- Atlantic Insurance Company of New Jersey In ,',',',',',',',','~%e Court of Co~u~on Ple&s of C,--~rland County, Pennsylvania DOMESTIC RELATIONS SECTION P.O. SOX 320, CARLISLE, PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Date: July 19, 2001 Plaintiff Name: Pauline D. Krafsig Defendant Name: Donald C. Krafsig Docket Number: No. 01-3079 Civil Term PACSES Case Number: 030103493 Other State ID Number: Incom~ and z~Ae Sta~a~ THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this income and expense statement.) INCOME STATEMENT OF PAULINE D. KRAFSIG criminal penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. July 19, 2oo 'Pauline D. Krafsi~ / Employer: Retired Address Type of Work Payroll No. Gross Pay per Pay Period $ Pay Period (wkly., bi-wkly., etc.) Itemized Payroll Deductions: Federal Withholding $ Social Security $ Local Wage Tax $ State Income Tax $ Retirement $ Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Other Deductioes (specify) $ $ Net Pay per Pay Period $ Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No. 030103493 ~R (Fill In Appropriate Column) Interest Dividends Pension 1,488.06 Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other Other TOTAL · OTAL XNC~ 1,488.06 (Fill in ~propriate Column) Mortgage/Rent 700.00 :Maintenance Utilities Electric 250.00 Gas Oil 200.00 Telephone 60.00 Page 2 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No. 030103493 (Fsi! in Appropriate Column} (continued) Water 50.00 Sewer 25.00 Em~l~nt: Public Transportation Lunch Real Estate Personal Property Homeowners 60.00 ' Automobile 45.00 Life Accident Health 20.00 Other Payments 500.00 Fuel 150.00 Repairs 25. 00 Doctor 50. 00 Dentist 500.00 Orthodontist Page 3 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No. 030103493 (Fill in Ap@ropriate Column) (continued) Hospital Medicine 20.00 Special needs 25.00 (glasses, braces, orthopedic devices) gdu~&~ion: Private School Parochial School College Religious Clothing 350.00 Food 4 00. 0 0 Barber/Beaut ician 180.00 Credit Payments: Credit Card Charge Account Memberships Loans: Credit Union N.i.a~llanaoue: Household Help Child Care Papers/Hooks/ Magazines Entertainment 100.00 Pay TV 35.00 Vacation 250.00 Page 4 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No. 030103493 {Fill in Appropriate Column) BX~RNBRB ~EI~K ~ YEAR (continued) Gifts 60.00 Legal Fees Charitable Contributions Other Child Support Alimony Payments Other: TOTAL EX~NSES 4,055.00 PROPERTY (~qED DEBCRIPTION VALUE H W J Checking Accounts 3,000 X Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL INSU~%NC~ COMPANY POLICY # H W C Hospital Medicare Part A PEBTF Medicare X Blue Cross Supplemental Other Medical Medicare Part B PEBTF Medicare X Blue Shield Supplemental Other H - Husband W - Wife C - Combined J - Joint Page 5 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No, 030103493 ~ ~OLXCY # Health/Accident Disability Income Dental Other H'---- Husband W - Wife --C - Combined J - Joint WIFE'S DENTAL BILLS Date Cheek # Amount 4/22/96 5210 $125.00 4/29/96 5213 87.00 10/20/97 5634 140.00 11/20/97 5650 240.00 I 1/25/97 5654 372.00 1/29/98 5701 23.00 2/22/98 5734 75.00 2/27/98 5736 !,200.00 3/10/98 5750 1.200.00 3/23/98 5761 458.00 8/ 7/98 5905 55.00 8/20/98 5910 53.85 9/23/98 6007 579.50 12/I 1/98 6056 62.31 6/ 8/98 6201 93.00 10/ 4/00 6609 52.00 TOTAL $4,815.66 CHECKING ACCOUNT TOTALS 1996 $53,133.33 1997 118.937.30 1998 182,739.65 1999 116,200.08 2000 85,326.15 2001 35.119.27 TOTAL $591,455.78 HUSBAND'S DISTRIBUTIONS OF MARITAL PROPERTY TO JON DONMOYER Date Check # Amount 12/29/9615370 15150.00I TOTAL $150.00 Date Check # Amount 7/ 4/97 5557 $1.100.00 8/13/97 5583 100.00 9/ 1/97 5595 200.00 10/ 3/97 5616 200.00 12/24/97 5673 1.000.00 TOTAL $2,600.00 Date Check # Amount 6/ 8/98 5842 $1.000.00 7/ 8/98 5871 2~500.00 7/26/98 5895 600.00 8/ 4/98 5901 600.00 8/ 5/98 5902 600.00 1998 Wire transfer 2~015.00 9/16/98 Wire transfer 1.015.00 10/ 2/98 Wire transfer 515.00 12/ 8/98 Wire transfer 1.235.00 TOTAL $ ! 0,080.00 Date Check # Amount 1/19/99 Wire transfer $1,015.00 2/ 9/99 Wire transfer 515.00 2/16/99 Wire transfer 1.015.00 4/23/99 Wire transfer 215.00 4/30/99 Wire transfer 515.00 5/29/99 6185 500.00 TOTAL $3,775.00 Date Check # Amount 8/29/00 6581 $1,000.00 9/ 7/00 6596 550.00 9/14/00 6601 500.00 9/29/00 Wire transfer 365.00 10/ 5/00 6610 250.00 10/25/00 6635 1.000.00 12/12/00 6672 351.82 12/15/00 6679 500.00 TOTAL $4,516.82 Date Check # Amount 1/21/01 6701 $100.00 3/16/01 6755 200.00 3/26/01 6763 100.00 TOTAL $400.00 -2- STUDENT LOAN PAYMENTS Date Check # Amount 5/14/99 6100 $133.28 6/ 4/99 6193 66.64 7/ 7/99 6222 66.64 12/31/00 6686 74.07 4/ 8/01 6783 148.18 5/ 4/01 6800 74.04 TOTAL $562.85 RECAPITULATION Year Amount 1996 $150.00 1997 2,600.00 1998 10,080.00 1999 3,775.00 2000 4,516.82 2001 400.00 Studentloans 562.85 TOTAL $22,084.67 -3- PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW V. ' : NO. 01-3079 CIVIL TERM DONALD C. KRAFSIG, : Defendant : DIVORCE STATEMENT FOR SERVICES 1/6/01 - 9/12/01 1/ 6/01 Telephone from Attorney Schrack 0.2 2/ 1/01 Conference with Ms. Krafsig, Ms. Shettel and Attorney Schrack and letter to Ms. Krafsig 2.3 4/ 3/01 Telephone from Attorney Schrack, review file, draft letter to Mr. Krafsig, dral~ Complaint in Divorce and draft lis pendens 0.8 5/ 7/01 Telephone from Attorney Schrack, review file, fax letter to Attorney Schrack, complete Petition for Special Relief and Complaint in Divorce and letter to Ms. Krafsig 0.4 5/ 9/01 Telephone from Ms. Krafsig 0.2 5/15/01 Review letter from Attorney Braderman and letters to Attorney Braderman and Ms. Krafsig 0.3 5/21/01 Review file and draft Petition for Special Relief 1.5 5/24/01 File and serve divorce process 0.3 5/29/01 Research Titler case, telephone to Ms. Krafsig and letter to Ms. Krafsig 0.7 6/ 1/01 Review Income and Expense Statement and letter to Ms. Krafsig 0.5 6/ 4/01 Review letter from Ms. Krafsig and draft letter to Attorney Braderman 0.2 6/ 4/01 Telephone to Ms. Krafsig and letter to Attorney Braderman 0.6 6/15/01 Review letter from Attorney Braderman and letter to Attorney WAYNE V. SHADE Braderman 0.3 6/25/01 Telephone from Ms. Shettel 0.1 6/28/01 Telephone from Ms. Krafsig 0.2 7/18/01 Review file, preparation for Domestic Relations Office hearing on alimony pendente lite and initial preparation for hearing on special relief 2.5 7/19/01 Appearance in Domestic Relations Office and conference with Ms. Krafsig and Ms. Shettel in preparation for hearing on special relief 3.6 7/23/01 Review letter from Attorney Braderman, telephone to Ms. Krafsig and letter to Attorney Braderman and to Ms. Krafsig 1.1 7/25/01 Return telephone call to Attorney Braderman 0. I 7/25/01 Telephone from Ms. Krafsig 0.1 7/26/01 Review Husband's Answer to Petition for Special Relief and final preparation for hearing on special relief 1.5 7/26/01 Preparation of written discovery and letter to Attorney Braderman 1.9 7/27/01 Consultations and appearance at hearing on special relief 3.2 7/30/01 Letter to Judge Hess 0. I 8/16/01 Review Order of August 13, 2001, and letter to Ms. Krafsig 0.2 8/21/01 Letter to Attorney Braderman 0.2 9/11/01 Review their responses to our discovery, Wife's comments to their responses to our discovery, review file and preparation for defense of Husband's appeal of the Recommended Order for alimony pendente lite 3.6 9/12/01 Review transcript of testimony on special relief, preparation for defense of Husband's appeal of the Recommended Order for alimony pendente lite, draft Information Release Authorizations and letters to Attorney Braderman, Dr. Olivetti and Ms. Krafsig5.2 TOTAL 31.9 WAYNE F. SHADI Prosecution of the above-captioned proceedings in accordance with the above itemized Statement for Services $5,582.$0 Prothonotary, file Complaint in Divorce 225.50 Prothonotary. file lis pendens 9.00 Barbara E. Graham, transcript 99.20 BALANCE DUE $5,916.20 WAYNE F. SHADE ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Penrb'vlvania ~(:/. ~-~'~V"..'~L~' ,'~ ~£/'l'~. O Original Order/Notice Co./City/Dist. of C'UZ~g~,.t,R.ND /~£~' S ~,~.~/_../~!..~ ~/L/~'~ (~) Amended Order/Notice Date of Order/Notice 02/03/03 O Terminale Order/Notice Tribunal/Case Number (,See Addendem for case summery) RE: KF. AFSI~, DONALD C. EmployerAVithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 162-22-7155 COIV~4ON~EJLTarL~ OF PA Empl°yee/Oblig°r'sS°cialSecurityNumber 8992100781 C/O PAYROLL OPEP~TIONS Employee,'Obligor'sCaseldentifier ATTACHMENTS RESEARCH UNIT (~.reAddem~mfiw/x~/rd~names PO BOX 8006 as~c/atedw/~car~at~adaneafJ Z'x,R..R~ISBTJ'RG. PA 17105-8006 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and bir~h dates as~ciated with cases on afac~menL ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from COlVlB~R.T~,.ND County, Commonwealth of Pennsylvania. By law, you am required to deduct these amounts from the above-named employee'dobligor's income until further notice even if the Order/Notice is not issued by your State. $ 800. o0 per month in current support $ o. 00 per month in past-due support Arrears 12 weeks or §mater~ O yes ~) no $ o. oo per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 800.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ __ z8~.62 per weekly pay period. $ 369.23 per biweekly pay period (every two weeks). $ ,too. oo per semimonthly pay period (twice a month). $ aoo. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurrin$ ten (10) working days after the date of this Order/Notice. Send payment within seven (7) workin8 days of the paydate/date of withholding. You am entitled to deduct a fee to defray the cost of withholding. Refer to the laws 8oveming the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed .55% of the employee's/obligor's a~mgate disposable weekly earnings. For the purpose of the limitation on withholdin8, the following information is needed (See #10 on PS- 2). If remittin$ by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remiffance Payable to: PA $CDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (slmwn above as t~e Employee/Obliger's Case I~entifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ..... ,-- e-'-'~ Form EN-028 Sen/ice Type M ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] I~ ~hecked you. am rqqujred to prp~ide a copy of this form to your emoloyee. If your employee works in a state that is cliltemnt tram the state that issuL~cl this order, a copy must be providea'-t~ your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If them am Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from mom than one employee/obligor's income in a single payment to each agency requesting withholding. You must. however, separately identify the portion of the single payment that is attributable to each employee/obligor. ~.oy~.,~,~.aL~ ~., -,.,,,,~,,~.,,,a ,~ ,,,~ ua,~ .,,, .,,,~,, o,,,~.u,,L ..,~ ..,,,,~,~. ,,~,,,, ,,,~ ~.,,,~,,,.,~ ~ -oa~. You must comply with the law of the state of the employee's/obli$or's principal place of employment with mspecl to the time periods within which you must implement the withholding order and fon~vard the support payments. 5.* Employee/Obligor with Multiple Support Holdiogs: If them is mom than one Order/Notice to Withhold income for Support against this employee/obligor and you am unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices lo the 8realest extent possible. (See # 10 below) 6. Termination Notificatiom You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and tatum a copy of this Order/Notice to the Agency idenlified below. WlTHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME.' KRAF~qIG. DONR.TuD C. EMPLOYEE'S CASE IDENTIFIER: 8992100781 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any queslions about lump sum payments, contact the person or authority below. 8. Liabilit?: Ifyou fail to withhold income as the Order/Notice dimcts, you am liable for both the accumulated amountyou should Lave withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antl-discriminatiom You am subject to a fine determined under State law for discharging an employee/obligor fi'om employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another 5rate, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold mom Ihan the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b}l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (^DWE). ,*,DWi? is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare laxes. 11. Additional Info: *NOTE: If you or your agent are sewed with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATI'ACHtvtENT UNIT 13 N. HANOVEI~ ~T by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at ~ or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Sewice Type M OMEI1~o.=0970~)154 Worker ID SZATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: K~AFSTO, DONALD C. PACSES Case Number 030103493 PACSES Case Number Plaintiff Name Plaintiff Name ~AULiNE D. K~AFBTG Docket Attachment Amount Docket Attachment Amount 01-3o79 c'rVTT. $ 800.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(mn) [] If checked, you are required to enroll the child ten ' identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment, through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 S 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(mn) [] If checked, you are required to enroll the child(mn) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obNgor's employment, through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ten) [] If checked, you are required to enroll the child(ten) identified above in any health insumnce coverage ava ab e identilied above in any, health insurance coverage available through the employee's/oblisor's ereployment, through the employee s/obligor's employreent. Addendum Form EN-028 Service Type M Worker ID $IA?T ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Slate Commonwealth of Pennsylvania /_~/. ..~0/-~.~L:~7~/ (7/' ~/~. ~ Original O~er/N~i~ Co./CiyDist. of C~gR~ ~/~ ~ ~ ~ ~ ~/~ ~ ~ O Ame~ed O~er~i~ Date of O~er/Notice 02/~z/03 O Termina~ O~r/N~i~ Tribunal/Ca~ Numar (~ A~um ~ cam RE: ~FSIOt ~N~ C. Empl~er~ilhholder's Federal EIN Numar [mpl~blig~'s Name (Last, Fi~t, MI) 162-~2-~155 Empl~Obligor's 5~ial S~uri~ Numar ~O~ O~ ~ 8992100?8~ C/O B~A~ ~Y~ R~. ~ Empl~bligor's~l~nti~er PO BOX 1147 ~ISB~G PA 17108-1147 Cust~ial Pareto's Name ~Last, Fi~t. ~ Addendum for dependent names and birth dates associated with cases on a~tachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you am required to deduct these amounts from the above-named employee's/obli§or's income until further notice even if the Order/Notice is not issued by your State. $ 800. o0 per month in current support $ 0.o0permonthinpast-duesupport Arrears12 weeks or sreated Oyes (~) no $ o. 00 per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 800.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ __ z8~.6~ per weekly pay period. $ 3~9.2~ per biweekly pay period (every two weeks). $ 400. ~0 per semimonthly pay period (twice a month). $ 800. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the dat~ of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws 8overning the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania 5tat~ Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (slmv~ above as the Employee/ObliRor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY/HAIL BY THE COU~ Date of Order: ~:E~ ~ :~ 2~J,~ ' ~ ....,-". "'~'m ~':~'"~"1 Form EN-028 Service Type N , ' ',L~~;a~.:09,"o~0~s4 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] I[ f, hecked you. am rqqu. Jred to p~p~ide a copy of th s toml to your emoloyee. If your employe~ works in a state thatis dittemm from the state that issuL~l this order, a copy must be pmvidecrto your employee even ~f the box Js not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses Ioceted on a reservation that choose to withhold in accordance wilh this notice. 2. Priority: Withholding under IhJs Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies ]n effect before receipt of this order have priority, h there am Federal tax levies in effect please contact the requesting agency lisled below. 3. CombJnlng Payments: You can combine withheld amounts from mom than one employeeYoblJ§or's income Jn a single payment to each asency mquestJn§ withholding. You must, however, sepam~tely identify the portion of the single payment that is altributable to each employee/obligor. ~'°Y" ....... '~ ............... a ..... =" .................... = ........................ ~,,,,~ .... ~==. YOU must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Empioyee/OblJBor with Multiple Support Holdin&q: If them is mom than one Order/Notice to Withhold Income I'or Support against this employee/obligor and you am unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/oblisor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See # 10 below} 6. Termination Notification: You must pmmptfy notify the Requestin$ ,~ency when the employee/obligor is no longer workin8 for you. Please provide the information requested and tatum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 9676100114 EMPLOYEE'S/OBLIGOR'S NAME: ~U~FSIG, DO~D C. EMPLOYEE'S CASE IDENTIFIER: 8992100'/81 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you am liable I'or both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania 5tale law. Pennsylvania State law governs unless the obligor is employed in another State. in which case the law of the State in which he or she is employed governs. 9. Antl-discriminatiom You am subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the 5tate in which he or she is employed 8ovems. 10.* Withholding Limits: You may not withhold mom than the lesser of: 1 ) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies Io the aggregate disposable weekly earnings (ADWE). ADWE is the net income left afar making: mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your asent are sewed with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE A'I-rACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at L~..LZ]_2_4..(~a2_~ or CARLISLE PA 17013 by internet www.childsuDport.state, pa.us Pa§e 2 of 2 Form EN-028 Service Type M o~.~a ~o.: 0eT0.o,s4 Worker ID ~lo'r~l'C ADDENDUM. Summary of Cases on Attachment Defendant/ObliBor: KRAFSIO, DONALD C. PACSES Case Number 030103493 PACSES Case Number Plaintiff Name Plainliff Name PAULIN~ D. KRAFSIO Docket Attachment Amount Docket Attachment Amount 01-3079 CIVIL $ 800.00 $ 0.00 Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB [] If checked, you am required to enroll the child(mn) [] If checked, you are required to enroll the child(mn) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment, thmush the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plainliff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ o.00 Child(mn)'s Name(s}: DOB Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(mn) [] If checked, you am required to enroll the child(mn) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment, through the employee's/oblisor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.oo $ 0.0o Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB .I--I If.c~hecked, you are required to enroll the child(mn) [] If checked, you are required to enroll the child(ren) ~dent~l~ed above in any health insurance coverage ava ab e identified above in an~ health i.n, surance coverase availab e throush the employee's/obliBor's employment, throuBh the employee s/obligor s employment. Addendum Form EN-028 Service Type M Worker ID $O'rNC PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : : NO. 01-3079 CIVIL TERM DONALD C. KRAFSIG. : Defendant : DIVORCE PRAECIPE FOR DISCONTINUANCE TO: Curtis R. Long, Prothonotary Please discontinue the above-captioned action. Date: May 21, 2003 Wayne~. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvanla OOri8inalOrder/Notice Co./City/Dist. of eUN~'~m..,RZ~ O Amended Order/Notice Date of Order/Notice 06/02/03 (~) Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) RE: ICRAFSIG, DONALD C. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) Employee~Obligor*s Social Security Number C/O PAYROLL OPERATIONS Employee/Obligor's Case Identifier ATTACHMENTS RESEARCH UNIT (See Agdendum for plaintiff names PO BOX 8006 a,~mdatedw/l~¢asesenaffadenenf) HARRISBURG PA 17105-8006 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates essocialed with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you am required to deduct these amounts from the above-named employee'dobligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current support $ o.oopermonthinpast-duesupport ^rrears12 weeks or greateri' Oyes (~) no $ o. oo per month in medical support $ o. o0 per month for genetic test costs $ per month in other (specify) for a total of $ 0. O0 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's a~regate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remittin8 by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9880 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Oblisor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MALL. ,- ,., ~THE COURT: Date or Order: l~1~ 0 3 ~ -- ~ 'e'~'O ~ -- Form EN-O2g Service Type M o~aao.:oor..o,s4 Worker ID SZATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to p~pvide a copy of this form to your emnloyee. If your employee works in a state that is different from the slat~ that issuecl this order, a copy must be provided~to your employee even il'the box is not checked. 1. We appmciale the volunlary compliance ot' Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses Ioca~l on a reservation that choose to withhold in accordance with this notice. 2. Pdorib/: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesling agency lisled below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identi~/the portion of the single payment thai is attributable to each employee/obligor. ~,~,do,~,'~a,~: ~,, ,,,,~,.,:d,,,a ,o L:,,~: ~o,,; .... ~,,.,~, ..... ~, ....... ,~,[,~:d ,~ ...... ,~ ..... ~:c,-r-~.~'~ ~--e~,~s . You must comply wilh the law of the stare of the employee's/obligor's principal place ot' employment with respect to the time periods within which you must implement the withholding order and fon~vard the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If them is mom than one Order/Notice Io Withhold Income for Support against this employee/obligor and you am unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place o(employment. You must honor all Orders/Notices to the gmarest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requesred and return a copy of this Order/Nolice to the Agency identified below. WlTHHOLDER'S ID: 232~.T22990 EMPLOYEE'S/OBLIGOR'S NAME: KRAFSIG, DONALD C. EMPLOYEE'S CASE IDENTIFIER: 89923.0078L DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NE%V EMPLOYER'S NAMrdADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions aboul lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you am liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania Slate law governs unless the obligor is employed in another Slate, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold mom than the lesser of: 1 ) the amounts allowed by the Federal Consumer Credit Protection Act (15 U .S.C. § 1673 (b)1; or 2) the amounts allowed by the 5tare ot' the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: Slate, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info:. 'NOTE: If you or your agent are served with a copy of this order in the slate that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, .DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at ~ or CARLISLE PA 17013 by internet www.childsupportstate.pa.us Page 2 of 2 Form EN-028 Service Type M oma ~,~.: 0~;e.o~ Worker ID -- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of C't3N2ERZaL-ND O Amended Order/Notice Date of Order/Notice 06/o2/03 (~) Terminate Order/Notice Tribunal/Case Number (See Addendam for case wm/nary) RE: r~.FS'rG, DONAI'.D C. EmployerANilhholder's Federal EIN Number Employee/Obligor's Name (Last. FirsL MI) ~: ..~OG/-Zb T~ ~/ ~'~ Employee,C)bligor's Social Securily Number COI~40NWER.L~ OF PA C/O STATE EMPLOYEES RET. SYST /~'~L~'~ S 0~)/~:~ ,C/~...~ 8992100781 Employee/Obli§or's Case Identifier PO BOX 114'7 ($eeAdder, dm~ lo, plaintiff names HAg. RTSSU~.G PA 1'7108-114'7 associated wifl~ caMs on atfadanent) Custodial Pamnrs Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from COI~ERLaL-ND County, Commonwealth of Pennsylvania. By law, you are mcluired to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. 00 per month in current support $ 0.0opermonthinpast-duesupport Arrears12 weeks or greater? C)yes (~) no $ 0. OD per month in medical support $ o. OD per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. o0 per weekly pay period. $ 0. OD per biweekly pay period (every two weeks). $ o. o0 per semimonthly pay period (twice a month). $ 0. OD per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurrin§ ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholdin§. You are entitled to deduct a fee to defray the cost of withholding. Refer Io the laws governin§ the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obli§or's aggregate disposable weekly earning. For the purpose of the limitation on withholdin& the following information is needed (See #t0 on pg. 2). If remiltin§ by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-g580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (slmwn above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MALL. ~THE C Date of Order: JUN 0 ~ 21103 ' ' ' / ~orm Service Type M o,~a N0I: 0~ ~ S4 Worker ID $O'rNC · . ADDITIONAL iNFORMATiON TO EMPLOYERS AND OTHFR WITHHOLDERS [] I~ checked you. are required to pr~v. idea copy of this form to your emnloyee. If your employee works in a state thatis dilterent Irom tl~e state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally reco§nized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation thai choose to withhold in accordance with this notice. 2. Priority: withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effe~ before receipt of this order have priority. If there are Federal tax levies in el~ect please contact the requesting agency listed below. 3. Combining Payments: You can ~ombine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is a~tributable to each employee/obligor. v,~Y,, ..................... ~ ....... ,= ................................... ~,~ ~h~ zr~pL~¥~'~ -a~es. You must comply with the law of the state of the empioyee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Empioyee/Obligor with Multiple Support HoMings= If there is more Ihan one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable Io honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 7676100114 EMPLOYEE'S/OBLIGOR'S NAME: ~/~a~SIG. DO~D C. EMPLOYEE'S CASE IDENTIFIER: 8992100781 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumula~l amount you should have withheld fi'ore the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antkdiscrlmination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing Io employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the 5tare in which he or she is employed governs. 10.* withholding Limits: You may not withhold more than the lesser of: 1 ) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.5.C. § t 673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (^DWE). ADWE is the net income lel~ after making mandatory deductions such as: 5tare, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your asent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE AI-rACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at LZ.LZL2_4~_.Ca2_4JL_ or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Pase 2 of 2 Form EN-028 Service Type M OMB NO.: 0970.0154 Worker ID $OINC In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIc RELATIONS SECTION PAULINE D. KRAFSIG ) Docket Number 01-3079 CIVIL I~aintiff ) ¥$. ) PACSES Case Number oaozoa4sa DOm~D C. mUU~ST~ ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 4T~ VA:C OP JONR, 2003 IT IS HEREBY ORDERED that the support order in this ease be O Vacated or (~)Suspended or O Terminated without prejudice or O Terminated and Vacated, effective d-m~ :z, 2ooa , due to: T~E PARTIES RECONCILING. THERE IS NO BALANCE DUE. DRO: RJ Shadday ~c: pla/ntiff BY THE COURT: defendant Jay Brac~orman, Esquire . ~1~ Kevin A. Hess JUDGE Service Type M Form 0E-504 Worker ID 21005 PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW : DONALD C. KRAFSIG, : NO. 01-3079 CIVIL TERM Defendant : IN DIVORCE IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, July 27, 2001, in Courtroom Number 4. APPEARANCES: WAYNE F. SHADE, Esquire For the Plaintiff JAY R. BRADERMAN, Esquire For the Defendant INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Donald C. KrafsiH (as on cross) 6 40 30 41 Pauline D. KrafsiH 43 51 INDEX TO EXHIBITS FOR THE PLAINTIFF ADMITTED Ex. No. 1 deed 42 Ex. No. 2 deed 42 Ex. No. 3 letter dated May 8, 2001 42 Ex. No. 4 - letter dated May 14, 2001 42 1 THE COURT: Good afternoon. 2 MR. SHADE: Good afternoon, Your Honor. 3 MR. BRADERMAN: Good afternoon, Your Honor. 4 THE COURT: You are seeking an order 5 directing that the property be re-deeded in the name of the 6 parties, is that where we are at? 7 MR. SHADE: As tenants by the entirety, as 8 it was before it was somehow otherwise deeded, Your Honor. 9 THE COURT: Okay. I am going to suggest to 10 counsel that that is a very narrow issue, and I know there 11 is a lot of factual disagreement about a whole lot of 12 things that frankly I think are a bit collateral. The 13 issue today is that apparently somehow, and I need to know 14 how, the property went into his name alone. 15 MR. BRADERMAN: That's correct, Your Honor. 16 THE COURT: And remains in his name alone. 17 MR. BRADERMAN: Correct, Your Honor. 18 THE COURT: And provided that's all agreed 19 to, I think I probably understand your arguments with 20 regard to your feeling that it doesn't put her at a 21 disadvantage in this litigation, her contention that it 22 very much does in the event something were to happen to 23 him. Then I need to know where I can go legally. That's 24 also going to be a consideration, whether I have the power 25 to grant the relief requested. I know we have broad 3 1 equitable powers in the context of divorce cases. So I 2 don't know whether you intend to call her or whether you 3 intend to proceed with him on cross as to how this property 4 got deeded to him. 5 MR. SHADE: My intention was to call him as 6 on cross, Your Honor. And permit me to say briefly in 7 response to your suggestion, that many of our allegations 8 are collateral here. I would -- 9 THE COURT: Only to this issue. I didn't 10 suggest that they were irrelevant or whatever -- 11 MR. SHADE: I understand that, yes, Your 12 Honor. And I agree that they are collateral, but it is our 13 position that they -- to the extent that Your Honor is 14 interested to know it, it illustrates two things. How 15 incredibly naive this wife is in this case to have this 16 happen, and how this happened in 1977. It is relevant to 17 that we would suggest. And it is also relevant to general 18 issues of credibility, where certain fundamental serious 19 allegations are denied in the answer. And we have 20 documentary evidence to show that those denials are false. 21 THE COURT: But let's cross those bridges 22 when we come to them. In the meantime we want to find out 23 how, as I say, how it was the house got transferred. 24 MR. SHADE: Yes, sir. 25 THE COURT: What he claims she knows and 4 1 what she tells me she didn't know. 2 MR. SHADE: Right. 3 MR. BRADERMAN: Your Honor, if I may 4 respond. 5 THE COURT: Certainly. 6 MR. BRADERMAN: First of all, if there are 7 any witnesses, I would request that they be sequestered. 8 THE COURT: I doubt we have any witnesses in 9 the courtroom or witnesses to the same events, do we? 10 MR. SHADE: The only witnesses I intend to 11 call are the husband as on cross-examination and the wife, 12 Your Honor. 13 THE COURT: Well, we certainly won't 14 sequester one from the other. 15 MR. BR~.DERMAN: I meant other than the 16 parties, Your Honor. I see a lady sitting in the back of 17 the courtroom, that's why I requested it. 18 Secondly, Your Honor, earlier in the week I 19 advised Mr. Shade that I was prepared to give him a deed or 20 record a deed from Mr. Krafsig to Mr. and Mrs. Krafsig as 21 tenants in common. Because of the estrangement, I think it 22 would be inappropriate for one to inherit from the other. 23 We all recognize that this piece of real estate is the 24 primary marital asset. 25 I understand Mr. Shade's argument. And Mr. 5 1 Krafsig's reluctance to transfer the deed upon Mr. Shade's 2 say-so was because of the manner of the demand, saying he 3 was going to spread this information over the public record 4 unless he transferred the deed immediately. But I do have 5 a deed with me, Your Honor, a check to record it. And I 6 think that would satisfy the Court and satisfy Mr. Shade. 7 I don't think it should be transferred -- 8 THE COURT: Well, if it does satisfy Mr. 9 Shade, then we can be done with this. 10 MR. SHADE: Not at all, Your Honor. 11 THE COURT: I am sure it wouldn't, and I 12 understand why. 13 MR. SHADE: Thank you. 14 THE COURT: Okay. Very well. Go ahead. 15 MR. SHADE: Thank you, Your Honor. We would 16 call Mr. Krafsig as on cross-examination. 17 Whereupon, DONALD C. KRAFSIG, having 18 been duly sworn, testified as follows: 19 (AS ON CROSS-EXAMINATION) 20 BY MR. SHADE: 21 Q State your name, sir? 22 A My name is Donald C. Krafsig, K-r-a-f-s-i-g. 23 Q Where do you live? 24 A 1505 High Meadow Lane, Mechanicsburg, 25 Pennsylvania. 6 1 Q That's in Cumberland County? 2 A Yes, sir. 17055. 3 Q Is that the marital residence? 4 A Yes, it is. 5 Q Do you agree that your wife, the plaintiff, 6 in this case, was born on September 30, 1934, and is 7 sixty-six years of age? 8 A That's my understanding. 9 Q Is it true that you were born on May 6, 10 1930, and are seventy-one years of age? 11 A That's correct. 12 Q And isn't it also true that you and your 13 wife were married on June 8, 19577 14 A That's correct. 15 Q Has this been the only marriage for both of 16 you? 17 A As far as I know. 18 Q And have you been married continuously from 19 June 8, 1957, to the present time? 20 A Yes, sir. 21 Q Isn't it true that the marital dwelling is 22 currently listed for sale with a real estate agency? 23 A That's correct. 24 Q Isn't it also true that the listing price is 25 $1,895,000.007 7 1 A That's correct. 2 Q Is it also your position that there are no 3 significant other marital assets besides the marital 4 dwelling, your pension and your wife's pension? 5 A My automobile. 6 Q And your automobile is a 1985 Buick? 7 A 1985 Buick Regal. I have no other assets. 8 Q You have in front of you a document marked 9 for identification as Plaintiff's Exhibit 1. And I would 10 ask you to look at that, sir, and please tell us if you can 11 agree that that is an accurate copy of a deed transferring 12 the land upon which your house is constructed to you and 13 your wife as tenants by the entirety dated September 16, 14 19757 15 A As far as I know, sir. 16 Q And isn't it true that the real estate 17 described in Plaintiff's Exhibit 1 is the land upon which 18 the marital dwelling is constructed? 19 A That's correct. 20 Q Isn't it true that when the deed, 21 Plaintiff's Exhibit 1, was executed that you understood 22 that this property was owned jointly by you and your wife? 23 A Yes, I do. 24 Q And isn't it also true that you understood 25 that in the event of your death that your wife would own 8 1 the property that's described in Plaintiff's Exhibit 17 2 A I wouldn't say that I, you know, actually 3 knew that. I am intelligent enough to realize that. 4 Q I would ask you to look at the document 5 marked for identification as Plaintiff's Exhibit 2. And 6 ask you if you can agree that that is a copy of a deed 7 dated September 24, 1977, which transfers the same property 8 that's described in Plaintiff's Exhibit 1 into your name 9 alone? 10 A Yes, sir. 11 Q Is it true that that deed was prepared, 12 Plaintiff's Exhibit 2, was prepared by John J. Krafsig, 13 Jr.? 14 A Yes, sir. 15 Q And he is your brother, isn't he? 16 A That's correct. 17 Q And at the time that this deed had been 18 prepared in 1977 he was an attorney at law licensed to 19 practice in the Commonwealth of Pennsylvania, wasn't he? 20 A Yes, sir. 21 Q And he still is to this day, isn't that 22 true? 23 A I am not sure of that, sir. I haven't seen 24 my brother for ten years. 25 Q What was your purpose in seeing to the 9 1 preparation, execution, acknowledgment and recording of 2 Plaintiff's Exhibit 2? 3 A That wasn't my purpose at all. 4 Q I am asking you what your purpose was, sir? 5 A What had happened here is that I had worked 6 with a lady by the name of Gertrude Herr at the Liquor 7 Control Board for many years. And we became friends, and, 8 Your Honor, I have to refer to some of this stuff so you 9 know where I am coming from. But I am a very handy person. 10 And I did a lot of things at her home for her and things 11 like that. And our friendship grew from this. 12 And she developed cataracts in both her 13 eyes. And she was seventy-five years old. And she didn't 14 have anyone. So when I took her to the doctor's and they 15 said that she would have to be with somebody, she asked me 16 if she could stay with us. And, you know, I talked to 17 Polly about it. And we decided we would take her in. 18 So in those days when you had these 19 operations you had to go in the hospital for at least two 20 days. And, of course, you couldn't bend, and you had to 21 bathe the eyes three times a day. So, anyhow, we brought 22 her to the house, and I took care of her. 23 In the morning I would get up, Mrs. Krafsig 24 wasn't one who liked to get up early, and so I got up 25 early, and I would bathe her eyes before I went to work. I 10 1 came home at lunchtime to bathe it, and when I come home 2 from work at night. Now, she had one operation in 3 November, and the following in March, so that, you know, 4 until she was really on her feet was long about the end of 5 April, early May. And she asked my wife and I if she could 6 stay with us permanently. And, you know, what were you 7 going to say, but, you know, certainly, we kept her. 8 As it turned out, I kept her for almost 9 eighteen years until she died. And when I decided to build 10 this new house, now she was with us at our previous home. 11 And inflation and everything was occurring. And I had 12 these plans that I had drew to build this home. And I 13 figured that, you know, if I didn't start it then with the 14 interest rate going up I wouldn't be able to do it. So I 15 ventured into this. 16 And what I did I had four homes before this. 17 And with the money that I got from those homes, I 18 accumulated about $40,000.00. I got a construction 19 mortgage for $114,000.00 for this present home. And when I 20 started to build it, everything went wrong. I had only 21 allotted $3,500.00 for my well. My well cost me $7,000.00. 22 I didn't have the money. It was like 35,000 for me. And I 23 had nowhere to go. So I asked my mother if she would help 24 me if she could. She borrowed the money. And she gave it 25 to me. And I paid her back, like $135.00 a month, until I 11 1 paid back that $3,500.00. 2 When I got into building the place and 3 things were costly like that, I got in a little deeper than 4 I should have. And so I asked her if there is anyway if 5 she could help me, and she said that she would. And that 6 she had a home up on Boas Street. And we kept the home, 7 because I wanted to be sure if she lived with us that she 8 would be happy, that at least she would have a place to go 9 back to. And so we held onto the home. It was good we 10 did, because I sold our former home. And we had to go into 11 her home and live until our house was close to completion, 12 but it was far from that. And it still is I might add. 13 But we -- I mean, things were rough. 14 My heating system wasn't hooked up 15 completely. And I had to use my fireplaces. We didn't 16 even have a kitchen sink. We washed dishes back in the 17 bathroom. And it was very rough for me through that whole 18 situation. So anyhow, Gertrude decided to sell her home. 19 And she got between six to 8,000. I can't tell you exactly 20 how much it was. And she had about $10,000.00 in savings 21 bonds, which she cashed in, and she gave me this -- she 22 wanted to give the money to me, and I wouldn't do that. I 23 told her the only way I would accept it if I could pay her 24 back. It took me six years to pay her back. She lived at 25 my home. I never charged her any board or anything. 12 1 And I want to add, if I may, that I also 2 took care of Polly's mother for nine years and paid off her 3 debts. I took care of her sister. When her sister left 4 home, I took care of her and never charged her a cent. I 5 am presently taking care of my ninety-two year old mother, 6 who will be ninety-two in November. And I have never 7 charged her rent. 8 Now, when Gertrude offered this money to us, 9 I talked with Polly, and we had decided that the rightful 10 thing to do would be to put her on the deed. Maybe she 11 forgets all of this. And we elected to do that, but 12 Gertrude didn't want that to happen, because she said that 13 whatever she had she was going to leave to us anyhow. So 14 at that time, and it so happened that Gertrude's attorney 15 was John Krafsig, Jr. And so the deed was prepared, Polly 16 knew about it. She signed it. And that's how it 17 transpired. 18 Now, that didn't affect me at all. And it 19 certainly didn't affect Mrs. Krafsig at the time, because 20 we had four prior homes. Like I said, the first home, you 21 know, was in my name. And I never done her out. And I 22 don't intend to do her out even today. And I -- I 23 couldn't -- I am sorry, I lost my train of thought. When I 24 said about Gertrude with the home, so anyhow, when the deed 25 was, you know, like I said, when that was changed -- oh, I 13 1 really didn't even remember that the deed was changed until 2 we got your letter. And my attorney, Mr. Braderman, said 3 to me, you know, about this. And, of course, then we got 4 the deed to see what it was. I mean, you know, it really 5 didn't even matter. And, you know, we talked about what 6 you had asked about putting her name on. 7 And I would have really had no objections to 8 that if you hadn't threatened me like you did. And I take 9 that very seriously what you did. And hopefully I am going 10 to pursue that through -- for disbarment. Because, you 11 know, not only did you threaten me, but that was a form of 12 extortion. And, otherwise, we did, we discussed this and 13 elected to put her name on at this point. And now you are 14 fighting this. But that's how it came about. 15 Q Well, now, you have just explained how it 16 came about, Mr. Krafsig, but you haven't answered my 17 question. My question is what was your purpose in having 18 the property transferred into your name alone? 19 A There was no purpose. That was done 20 mutually by Polly and Gertrude. And, you know, I was an 21 innocent party if you want to know the truth. I had no 22 reason. I never denied her anything or never gave her her 23 share. I mean, after four homes, you know, sir, I resent 24 you even saying something like that to me. 25 Q How do you spell Gertrude's last name? 14 1 A It was H-e-r-r. 2 Q And what year was it that she first came to 3 live with you? 4 A Oh, it had to be over twenty-five years ago, 5 because it was in our former home. I don't like you, you 6 know, trying to accuse me of something that I am perfectly 7 innocent about. And we have made every effort to satisfy 8 your situation, and you are not cooperating. 9 Q Well, what did you say to your wife when you 10 asked her to sign this document, Plaintiff's Exhibit 2? 11 A She just signed it. I didn't say anything 12 to her. She knew what it was about. We had discussed it, 13 you know, the three of us, and that was it. 14 Q So there was no conversation about it at 15 all? 16 A Not that I am aware of. To the actual 17 signing of it. She signed it. It was a document that, you 18 know, that she signed. I don't even recall seeing that 19 document, you know. 20 Q Isn't it true that we have asked you in 21 writing to re-transfer the marital dwelling into the joint 22 names of yourself and your wife? 23 A Yes. We received a letter. 24 Q Isn't it also true that your wife left the 25 marital dwelling on May 7, 20017 15 1 A She abandoned me. She left no notice, no 2 nothing. She just abandoned me. 3 Q Isn't it true that your wife left the 4 marital dwelling on May 7, 20017 5 A Yeah. She left on the 7th. 6 Q Isn't it true that we said in our letter to 7 you that if you were unwilling to transfer the marital 8 dwelling into joint names, that we had some information 9 involving serious marital misconduct on your part, which we 10 would need to include in our complaint in divorce? Isn't 11 that what we said? 12 MR. BRADERM3%N: The letter speaks for 13 itself. Maybe you want to show him the language. 14 BY MR. SH~3DE: 15 Q You have in front of you a document marked 16 for identification as Plaintiff's Exhibit 3. Do you see 17 that, sir? 18 A Yeah. 19 Q I would ask you to read the third paragraph 20 of that letter, please? 21 A We would hope to be able to resolve all of 22 the issues quietly and amicably within the context of a 23 mutual consent no-fault divorce. However, it appears that 24 you took steps in 1977 to have the deed to the marital 25 residence transferred into your name alone. 16 1 I didn't do that, sir -- 2 Q Excuse me, that's not -- 3 MR. BRADERMAN: Keep on readinH. 4 THE WITNESS: Pauline has no recollection of 5 this transaction, and we must insist that the deed to the 6 marital dwellinH be transferred into the joint names of 7 yourself and your wife as tenants by the entirety and 8 recorded within ten days of date of this letter. 9 If we have not received written confirmation 10 that that has been achieved within that time frame, we will 11 have no reasonable alternative but to spread the details of 12 your marital misconduct upon the public record through the 13 medium of our complaint in divorce. If you are unwilling 14 to transfer the marital dwellinH into joint names, your 15 wife indicates that she has some information that she can 16 convey to us involvinH serious marital misconduct which 17 will be made a matter of public record by beinH involved in 18 our complaint in divorce. If you transfer the marital 19 estate in joint names with your wife within the next ten 20 days, it will not be necessary for us to allege the 21 specific marital misconduct. 22 BY MR. S~ADE: 23 Q ;%nd can you tell us if Plaintiff's Exhibit 3 24 is otherwise an accurate copy of our letter of May 8, 2001, 25 addressed to you, sir? 17 1 A Yes, it is. But I would like to respond to 2 that paragraph. 3 Q You will have that opportunity at the 4 appropriate time, sir. Isn't it also true that you 5 received our letter of May 8, 2001, within a day or two 6 after May 8, 20017 7 A Well, I don't have the envelope here to, you 8 know, to see that, but I can assume that it did. 9 Q And isn't it true that you filed a written 10 answer to our petition for special relief? 11 A I am sure my attorney did that. 12 Q Do you see that document there with a blue 13 strip across the top, sir? 14 A Yes. 15 Q I would ask you to take a look at that, on 16 the next to the last page is that your signature? 17 A That's correct. 18 Q Yes? 19 A Yes. 20 Q And did you read this document before you 21 signed it, sir? 22 A Yes, I did. 23 Q Isn't it true that you say in numbered 24 paragraph thirty of your answer to our petition that we 25 filed our petition prior to giving you an opportunity to 18 1 respond to my letter of May 8, 20017 2 MR. BRADERMAN: It speaks for itself. 3 THE WITNESS: It speaks for itself. 4 BY MR. SI{ADE: 5 Q Well, do you agree that's what it says, sir? 6 A That's what it says, yes, sir. 7 Q And isn't it true that we received a letter 8 from your attorney, in which you stated that you would not 9 transfer the marital dwelling into joint names with your 10 wife? 11 MR. BRADERMAN: Objection. That is not what 12 the letter says. 13 BY MR. SHADE: 14 Q Do you have in front of you a document 15 marked for identification as Plaintiff's Exhibit 4, Mr. 16 Krafsig? 17 A Yes, sir. 18 Q I ask you to read the second paragraph, 19 please? 20 A I agree that it would be in the parties' 21 best interests to resolve all issues quietly and amicably. 22 However, I cannot advise Mr. Krafsig to immediately 23 transfer the deed to the marital residence in joint names. 24 I will not advise him to do that particularly subject to 25 various threats made in your letter. I frankly do not 19 1 understand why the transfer of the deed is deemed to be so 2 important when all property accumulated during the marriage 3 is presumed to be marital property. 4 MR. BRADERMAN: Read the next -- 5 MR. SHADE: Excuse me. Your Honor, I am 6 examining this witness. 7 THE WITNESS: In my opinion, your threat to 8 spread the details of your marital misconduct upon the 9 public record would be ill-advised and accomplishes 10 nothing. If you care to discuss this case in a reasonable 11 and non-threatenin9 manner -- 12 MR. SHADE: Excuse me. Your Honor, this is 13 not responsive to my question. 14 THE COURT: Well, we are going to hear the 15 whole letter at some point. It is probably better to hear 16 it now than in bits. Go ahead, Mr. Krafsig. 17 THE WITNESS: Thank you, sir. Also, Mr. 18 Krafsig has in his possession a tax refund check made out 19 to himself and his wife in the amount of $1,351.00. Mr. 20 Krafsig is willing to split the proceeds of that check with 21 his wife. Please advise what arrangements you suggest to 22 guarantee that both parties receive their share of the 23 refund. And that never transpired until last week. 24 BY MR. SHADE: 25 Q Can we agree that Plaintiff's Exhibit 4 is 20 1 an accurate copy of the letter of May 14, 2001, from your 2 counsel to my office? 3 A Yes, sir. 4 Q And can we aHree that your attorney would 5 have mailed that letter to my office on May 14, 20017 6 A I can't speak for my attorney, but I am 7 sure, you know... 8 Q Do you have any reason to believe that it 9 was not mailed at the time it was dated? 10 A No. I have no reason to believe that. 11 MR. BRADERF~%N: We can stipulate that it was 12 mailed on or about May 14th. 13 THE COURT: Very well. 14 MR. SHADE: Thank you. 15 BY MR. SHADE: 16 Q Isn't it true that we did not file our 17 petition for special relief in this case until May 21, 18 20017 19 A That's correct. 20 Q So obviously that was after we had received 21 a letter from your attorney sayinH that you would not 22 transfer the deed into joint names? 23 MR. BRADERMAN: It does not say we would not 24 transfer it. It says we would not immediately transfer the 25 deed. 21 1 BY MR. SHADE: 2 Q Isn't it true that your wife worked for 3 nearly forty years in the Bureau of Personnel Statistics, 4 Licensing and Enforcement of the Pennsylvania Liquor 5 Control Board? 6 A No. That's not correct. I mean, she worked 7 in various offices at the Liquor Control Board and ended up 8 at the State Police. 9 Q It was all in liquor enforcement, wasn't it? 10 A No. Not all of it was enforcement. Some of 11 it was. Some of it wasn't. 12 Q Okay. I will say it again. Isn't it true 13 that your wife worked for the Commonwealth of Pennsylvania 14 for forty years continuously? 15 A That's correct. 16 Q Isn't it true that she retired from state 17 employment in 19917 18 A Yes, she did. The same day I did. 19 Q Isn't it true that you worked for more than 20 forty years for the Pennsylvania Liquor Control Board? 21 A That's correct. 22 Q Isn't it true that when you retired you were 23 the Director of the Bureau of Licensing? 24 A That's correct. 25 Q How long did you have that job? 22 1 A Well, I started out as a messenger. And I 2 worked my way up through the Bureau through all those 3 years. And I would say maybe the last twelve or fourteen 4 years maybe. I am not certain on that. I don't remember 5 exactly. 6 Q Isn't it true that your wife receives 7 approximately $1,500.00 per month in after-tax state 8 retirement? 9 A I think that's what it was if I recall. 10 Q Isn't it true that you receive approximately 11 $3,400.00 per month in after-tax state retirement? 12 A That's correct. 13 Q Isn't it true that you also receive social 14 security benefits of $1,025.00 a month? 15 A Yes, sir. 16 THE COURT: How much was that a month, I am 17 sorry? 18 MR. SHADE: $1,025.00, Your Honor. 19 THE COURT: Thank you. 20 BY MR. SHADE: 21 Q Isn't it true that the house that you have 22 listed for $1,895,000.00 has been assessed for real estate 23 purposes at $561,910.007 24 A On the recent assessment, yes -- the 25 reassessment. 23 1 Q Isn't it true that there are two mortgages 2 against that house? 3 A That's correct. 4 Q Both of those mortgages are at Waypoint 5 Bank, are they not? 6 A Yes. 7 Q Is your wife's name on the notes for those 8 mortgages? 9 A I am sure they are. 10 Q Isn't it true that the first of the two 11 mortgages is a ten year mortgage? 12 A Yeah. I think I said ten year, if I 13 remember correctly. 14 Q Isn't it true that the monthly payment is 15 approximately $1,560.007 16 A That's approximately. It is within that. I 17 think two cents. 18 Q Isn't it true that there are about four 19 years to pay on that mortgage? 20 A Yeah. I would say that's about correct. 21 Q Isn't it true that the approximate balance 22 of that mortgage is only $52,000.00? 23 A Yes. That's correct. 24 Q Isn't it true that the second mortgage is 25 also a ten year mortgage? 24 1 A That's right. 2 Q And isn't it true that the monthly payment 3 on that is approximately $1,175.007 4 A I think it is a little more. I think it is 5 1,176 or something like that and some odd cents. 6 Q Isn't it true that the balance on that 7 mortgage is approximately $90,000.00? 8 A Perhaps. I haven't gotten a statement to 9 know exactly what it is, but I would say it would be in 10 that range. 11 Q And there are no other liens against the 12 house, are there? 13 A Not that I am aware of. 14 Q So can we agree that the total equity in the 15 marital dwelling then, in accordance with your listing 16 price, is approximately $1,750,000.007 17 A I would say that's correct. 18 Q Has anyone explained to you that if you were 19 to die before a divorce decree were entered in this case, 20 that your wife would be limited to a third of the equity in 21 the house by taking under the Intestate Act or by electing 22 to take against your will if your will did not give the 23 house to her? 24 A No. I am not really fully aware of that. 25 Q Well -- 25 1 A I would assume that, you know, that she 2 would get half under the marital aspect. And I am not sure 3 about the other part. 4 Q Well, can we agree that if she were 5 restricted to a third of the equity, that that would be 6 approximately $600,000.00, less than $600,000.00? 7 A I guess we can assume that. But that 8 wouldn't be, you know... 9 Q Has anyone explained to you that if the 10 marital dwelling had not been transferred in your name 11 alone in 1977, that in the event of your death prior to the 12 entry of a decree in divorce, your wife would become the 13 owner of the entire $1,750,000.00 in equity in the house? 14 A Well, I don't think that would have had 15 happened, because, I mean, if my will would have had 16 anything to do with that, because we had no children. And 17 I had never, and Mrs. Krafsig knows this, fully intended to 18 let everything to her. She is aware of that. I told her 19 that many times. Because we had no children and I didn't 20 feel it was fair that she could split her half with her 21 family. And I wanted my half split with my family and 22 whatever. 23 Q I am not sure I understood what you just 24 said about your will, sir. Are you saying that you have a 25 will in effect right now that gives everything to your 26 1 wife? 2 A I didn't say that at all. 3 Q Okay. And that isn't the case, is it? 4 A No. I mean, she filed for the divorce. I 5 didn't file for the divorce, she did. 6 Q Well, do you think that it would be fair for 7 your wife to have to bear the risk of losing more than 8 $1,150,000.00 -- 9 MR. BRADERMAN: Objection. 10 BY MR. SHADE: 11 Q -- of the value of the major marital asset 12 in the event of your death prior to the entry of a decree 13 in divorce? 14 MR. BRADERMAN: Objection. He can't give an 15 opinion. 16 THE COURT: Well, he can certainly give an 17 opinion as to whether he thinks it is fair. Whether his 18 opinion about that is relevant to my inquiry is another 19 matter -- 20 THE WITNESS: Under the circumstances -- 21 THE COURT: We will address his state of 22 mind. There is no problem with that. Go ahead. 23 MR. SHADE: May I restate the question, Your 24 Honor? 25 THE COURT: You can restate the question. 27 1 BY MR. SHADE: 2 Q DO you think that it would be fair for your 3 wife to have to bear the risk of losing more than 4 $1,150,000.00 of the value of the major marital asset in 5 the event of your death prior to the entry of a decree in 6 divorce? 7 A Prior to the entry of the decree in divorce 8 you are saying? 9 Q Yes. 10 A I would say no under those circumstances. 11 Q Isn't it true that prior to her retirement 12 your wife always turned over her paychecks to you? 13 A She elected to do that. I never asked her 14 for a check. I want that understood. Never once did I 15 ever ask her for a check. She thought I was the better 16 manager. And she wanted it this way. She wouldn't even 17 participate. She wouldn't even write the checks. She 18 never even would sit down with me to fill out the income 19 tax each year. She left that up to me, because she thought 20 I was the better manager. 21 Q Isn't it true that until the separation your 22 wife turned over her pension check to you every month after 23 her retirement? 24 A Sometimes. Not all the time. She kept it a 25 few times, you know. 28 1 MR. BRADERMAN: Objection, Your Honor. Can 2 I have an offer of proof? I don't know where we are going 3 on this. 4 MR. SHADE: It all relates to what I had 5 said preliminarily, Your Honor, about the extent to 6 which -- when the wife comes up and testifies I don't know 7 anything about this deed. I didn't know I signed the deed. 8 I don't know anything about this. I am developing -- 9 THE COURT: Yes, that she was out of the 10 loop in terms of their financial affairs and -- 11 MR. SHADE: Exactly. That's it, Your Honor. 12 THE COURT: Go ahead. 13 BY MR. SHADE: 14 Q Can we agree that you managed the family 15 finances throughout the more than forty years of marital 16 cohabitation? 17 A Yes. I handled them because she wanted me 18 to handle them. I didn't have any other choice. But I 19 never denied Mrs. Krafsig anything that she ever wanted. 20 She never left that house that I didn't ask her if she had 21 enough money or do anything. I ran a very, very fair ship. 22 There was very little that she was denied. 23 MR. SHADE: That concludes my questioning as 24 on cross-examination of the defendant, Your Honor. 25 THE COURT: Mr. Braderman, do you want to 29 1 ask questions now or would you prefer to call him back to 2 the stand as part of your case? 3 MR. BRADERMAN: I think I would like to ask 4 some questions now, Your Honor. 5 THE COURT: Okay. Go ahead. 6 DIRECT EXAMINATION 7 BY MR. BRADERMAN: 8 Q Mr. Krafsig, the home was recently listed by 9 you for that amount of money, is that correct? 10 A That's correct, sir. 11 Q And was that listed for that amount of money 12 upon your consultation with a real estate broker? 13 A Yes, it was, sir. 14 Q Do you want to sell the house? 15 A Most definitely. 16 Q And why do you want to sell the house, Mr. 17 Krafsig? 18 A Because I can't afford to keep it, sir. 19 Q Referring to Plaintiff's Exhibit -- 20 A May I add to that? 21 Q Sure. 22 A I want His Honor to know that that has been 23 my life's dream. Your Honor, I worked forty-eight and a 24 half years actually total service with the State. And 25 twenty-five and a half years of that forty-eight I worked a 30 1 second job. I drew these plans for this home. Everything 2 that I have, Your Honor, went into this home. And I am 3 going to lose it, because I can only maintain what I am 4 presently doing. And now that she is filing for support, I 5 just don't have it to do that. 6 And I understand the home is on the Internet 7 now that you might want to take a look at it and see what I 8 am going to lose under these circumstances. And I have cut 9 back on everything I could cut back on. I cut my own grass 10 now, and I was paying $100.00 a week to get that done. I 11 shouldn't even be doing that, because I got skin cancer. 12 And I shouldn't be out there, but I don't have any choice. 13 I didn't open the swimming pool because it cost $1,000.00. 14 You know, I had the water treated yet to protect that 15 underneath there. And all of these things, it would be 16 nice if I could have had it open for the sale of the 17 property. 18 And I cut back on the telephone service 19 because I just can't afford to do all of this and maintain 20 what I have. And now that the taxes have been raised, 21 there is no way I am going to be able to pay that $5,500.00 22 new tax. I just finished paying the $1,900,00 on the first 23 tax. And, you know, with no help, not so ever, you have to 24 understand something, when Mrs. Krafsig abandoned me she 25 has not to this moment done one blessed thing to help me in 31 1 any way, shape or form. 2 Her attorney sent me a letter. I call it 3 the ten most wanted list of the things that she wanted. I 4 have complied with that list. There is a few other items 5 over there that I am going to call her sister's husband -- 6 MR. SHADE: Your Honor, I must object 7 to -- I mean, there are a lot of other questions I would 8 like to ask this man that reflects on credibility and so 9 forth in this case, and he is strolling far afield here -- 10 THE COURT: We have to get back to your 11 questioning, Mr. Brader~n. 12 MR. BRADERMAN: I understand, Your Honor. 13 BY MR. BRADEPd~AN: 14 Q Mr. Krafsig, please keep your answers 15 confined -- 16 A Ail right. I am sorry. 17 Q -- to my questions, sir. Referring to 18 Plaintiff's Exhibit No. 2, being the transfer of the deed 19 from you and your wife to your name alone, Mrs. Krafsig 20 signed that deed, did she not? 21 A Yes, sir. 22 Q Was she under any adverse influence at the 23 time? 24 A No, sir. Definitely not. 25 Q Was she drinking or -- drinking alcohol or 32 1 under the influence of drugs to your knowledge? 2 A Not to my knowledge, sir. 3 Q Did you twist her arm or tell her she had to 4 sign that deed? 5 A No, sir. I did not. 6 Q Did you explain to her at that time, in 7 1977, why you were transferrin9 the property? 8 A Well, it was just an open discussion with 9 the three of us -- 10 Q Who is the third person? 11 A Ms. Herr. 12 Q That's Gertrude? 13 A That's Gertrude Herr, right. 14 Q How did Gertrude and your wife 9et along? 15 A Well -- 16 MR. SHADE: Objection to the relevance of 17 that, Your Honor. 18 THE COURT: Overruled. Go ahead. 19 THE WITNESS: They tolerated each other, I 20 will say that. I mean, Polly was never over-affectionate 21 with her, because she devoted all of her time to her 22 mother. 23 BY MR. BRADERMAN: 24 Q To Polly's mother? 25 A That's correct. 33 1 Q She was living on the premises at the same 2 time? 3 A No, she wasn't. But Polly spent every 4 available minute of her time or whatever, you know, with 5 her mother or talking to her mother. I played second 6 fiddle throughout forty-four years of that marriage. 7 Q You have answered the question. From 1977 8 until the present listing of the house, did you ever list 9 the house? 10 A No, sir. 11 Q Have you ever done anything to limit what 12 you thought her share would be in that real estate? 13 A I would never do that, sir. 14 Q Mr. Krafsig, there was a support conference 15 in Cumberland County within the past two weeks, is that 16 correct? 17 A That's correct, sir. 18 Q And as a result of that support conference, 19 you were ordered to pay alimony pendente lite or spousal 20 support? 21 A That's correct, sir. 22 Q And at the time of that hearing the numbers 23 as reflected in your examination by Mr. Shade were indeed 24 the numbers given to the Domestic Relations Officer, is 25 that correct? 34 1 A Certainly. 2 Q And as a result of that hearing, you were 3 ordered to pay Mrs. Krafsig $1,100.00 a month, is that 4 correct? 5 A That's correct, sir. 6 Q Plus $100.00 on arrears? 7 A Correct. 8 Q At the time of the support conference, Mr. 9 Krafsig, do you recall what our argument was to the support 10 officer as to why you couldn't afford to pay that? 11 MR. SHADE: Your Honor, once again -- 12 THE COURT: I am assuming it has something 13 to do with the expense of caring for the house? 14 MR. BRADERF~kN: That's correct. 15 THE COURT: All right. 16 BY MR. BRADERMAN: 17 Q Do you recollect -- 18 A Would you repeat that again? I am sorry. 19 Q At the time of the support hearing do you 20 recall our argument with the support conference officer as 21 to what you could or could not afford to pay Mrs. Krafsig? 22 A Yes, sir. 23 Q And what was, in summary, what was the 24 thrust of our argument? 25 A That I just couldn't afford to give her 35 1 alimony at this time, because I can't protect our asset. I 2 will have to lose it. And there will be nothing for either 3 one of us. 4 Q Again, your only income is your retirement 5 and your social security, is that correct? 6 A That is correct, sir. 7 Q Mr. Shade didn't ask you, but I am going to 8 ask you, in addition to the expenses of the mortgage, what 9 are the real estate taxes on that house? 10 A They are now up in the 7,000 something. ll There is a brochure that I have here that has the accurate 12 amount of them, sir. 13 Q Would that be another five or $600.00 a 14 month that it would cost you? 15 A Well, definitely. It is really going up 16 since it is being reassessed. That's correct, sir. And I 17 have to pay that by November 1st -- 18 Q Would it be fair to say, Mr. Krafsig, that 19 if you continue to pay both mortgages, the real estate 20 taxes, and pay Mrs. Krafsig $1,200.00 a month, how much 21 money would be available to you for let's say utilities in 22 the home or for food for yourself? 23 A About $500.00 at the very most. And, I 24 mean, that don't take care of all the other utilities and 25 things that are necessary -- 36 1 MR. SHADE: I would object to this. We are 2 not here on the support appeal. 3 THE COURT: And that isn't why he is asking 4 the questions. I suppose he is asking the questions to 5 find out why there is an urgency in listing the home. I 6 assure you it is obvious to me. 7 MR. BRADERMAN: Thank you, Your Honor. I 8 will abbreviate it. 9 THE COURT: I would be very surprised if she 10 would oppose the sale of the home. Though what comes of 11 the proceeds is always a squabble in these cases. 12 MR. BRADERMAN: Sure. 13 BY MR. BRADERMAN: 14 Q Mr. Krafsig, after receipt of the domestic 15 relations order did you instruct me to take an appeal? 16 A Most definitely. 17 Q And I did take an appeal? 18 A Yes, sir. 19 Q And that appeal was taken this week, is that 20 correct? 21 A That's correct, sir. 22 Q Mr. Krafsig, you and I have had many 23 discussions, have we not, as to whether or not you should 24 transfer the property to Mrs. Krafsig? 25 A Yes, sir. 37 I Q And did I ultimately advise you to do so? 2 A You mean presently? 3 Q Yes. 4 A Yes, sir. 5 Q And if you can recall, what was my advice on 6 how the transfer should be to Mrs. Krafsig? 7 A Tenants in common being the fairest way. 8 Q Why would that be the fairest way in your 9 opinion? 10 A Well, because her half would go to her, and 11 my half would go to me. 12 Q So it would not be your intention at this 13 time, would it, for your share of the real estate to go to 14 Mrs. Krafsig? 15 A No, sir. 16 Q Anymore than it would be her intention 17 presumably if you survived her? 18 A That's correct. 19 Q With your approval, did I make that proposal 20 to Mrs. Krafsig's counsel, that we would be ready, willing 21 and able to transfer a deed to you and her as tenants in 22 common? 23 A You certainly did. 24 Q And I asked for some other stipulations in a 25 letter that I wrote to Mr. Shade, did I not? 38 1 A Yes, sir. 2 Q And one of those items that I asked for is 3 that the instant action be dropped, not the divorce, but 4 the petition -- 5 MR. SHADE: Your Honor, I object to 6 attempting to discuss negotiations in the context of an 7 adversarial hearing. 8 THE COURT: Anything you want to say? 9 MR. BRADERMAN: I don't think it is a 10 negotiation, Your Honor. I think this goes to our proposal 11 to give a deed and why they rejected our proposal. 12 THE COURT: Those are settlement 13 negotiations, and they are clearly irrelevant. 14 BY MR. BRADERMAN: 15 Q Did Mr. Shade ever through counsel say he 16 wouldn't accept a deed as tenants in common unless you did 17 not appeal your support order -- 18 MR. SHADE: Objection, Your Honor. Same 19 reason. 20 THE COURT: Sustained. 21 BY MR. BRADERMAN: 22 Q Did I show you a deed today, Mr. Krafsig? 23 A Yes, you did, sir. 24 Q And I do have it with me? 25 A Yes, sir. 39 1 MR. BRADERMAN: I have no further questions. 2 RECROSS EXAMINATION 3 BY MR. SHADE: 4 Q I understood you to say that you have not 5 done anything to limit what your wife would receive out of 6 this house. Was that your testimony? 7 A Certainly. 8 Q Have you changed your will since your wife 9 left? 10 A No. I haven't yet. I am in the process, 11 but I haven't yet. 12 Q You are in the process of reducing your 13 wife's inheritance? 14 A Well, certainly. Why would I want to do 15 that if she is divorcing me? 16 Q And you would not consider that limiting her 17 interests in the marital real estate? 18 A I said, sir, that I haven't done it as of 19 this moment. It has not been completed. 20 Q Isn't it true that at the hearing in the 21 Domestic Relations Office we asked you if you had 22 considered refinancing these very high equity mortgages, so 23 as to reduce the payments that you have every month? 24 A Yes. You asked me that, but it didn't make 25 much sense to me. When I have a ten year mortgage and a 40 1 lower interest rate to turn around and take a thirty year 2 mortgage. And I will be 102 years old. You know, and it 3 is even questionable that I could get a mortgage like that. 4 Q Well, of course, if the house were sold, you 5 wouldn't have a mortgage when you were 102 years old, would 6 you? 7 A If it is sold, certainly. But you fail to 8 realize there is a lot to be done. You never saw my home, 9 so you don't know what the situation is. I have to have a 10 special buyer that's going to want to buy this place, 11 because there is a lot to complete it. And this could go 12 on for quite awhile. 13 MR. SF2%DE: Thank you, sir. I have no 14 further questions of this witness, Your Honor. 15 REDIRECT EXAMINATION 16 BY MR. BRADERMAN: 17 Q You have kept on referring, Mr. F~rafsig, to 18 this home being, quote, unquote, your life, putting 19 everything into this home. Did Polly go along with this 20 program, in other words, you put -- it would appear to me, 21 that you put your joint assets and your income to this home 22 over the years? 23 A Certainly. You know, she shared that with 24 me, and she allowed that to happen. 25 Q With regard to workmanship in the home, 41 1 being special tiling and ceilings and so on and so forth, 2 did you do any of the work? 3 A Certainly. 4 Q You did a lot of the work or some of the 5 work? 6 A Well, some of the work. I mean, I can't do 7 everything, but I... $ Q Did Polly do any work in the home? I mean, 9 I am talking about tiling and carpentry and things of that 10 nature? 11 A No, sir. 12 Q But she enjoyed the benefits of the house 13 the same as you did? 14 A I think so. 15 MR. BRADERMAN: No further questions. 16 THE COURT: Thank you, sir. 17 MR. SHADE: Nothing further of this witness, 18 Your Honor. We would move the admission of our Exhibits 1 19 through 4 inclusive, Your Honor. 20 THE COURT: Unless there is objection, we 21 will admit them. 22 MR. BRADERMAN: No objection, Your Honor. 23 MR. SHADE: Call Mrs. Krafsig to the stand, 24 Your Honor. 25 42 1 Whereupon, PAULINE D. KRAFSIG, having 2 been duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. S~ADE: 5 Q State your name, please? 6 A Pauline D. Krafsig. 7 Q Did you leave the marital dwelling on May 7, 8 20017 9 A I did. 10 Q Does your husband know where you are living 11 now? 12 A No. 13 Q Do you need to keep it that way? 14 A Yes, I do. For my own protection. 15 Q Are you satisfied to have any communication 16 concerning this case addressed to my office? 17 A Yes. 18 Q Prior to the marriage were you raised in a 19 strict Roman Catholic home? 20 A Yes, I was. 21 Q Did you attend Roman Catholic boarding 22 school? 23 A Yes, I did. 24 Q As a result of your upbringing, would you 25 describe yourself as extremely naive about sexual matters? 43 I A Yes. I am afraid I would have to say so. 2 Q How long did you know your husband before 3 the marriage? 4 A Approximately three years. 5 Q On your wedding night did your husband tell 6 you anything about his ability to have sexual relations? 7 MR. BRADERMAN: Objection. 8 THE COURT: I really don't want to get into 9 a whole lot of detail on this. 10 MR. BRADERMAN: It is totally irrelevant, 11 Your Honor, to the issue at hand. What their sex was or 12 lack of sex or sexual preferences is not relevant to this 13 hearing. 14 THE COURT: And I am not being a prude about 15 it, Mr. Shade, but it is no more relevant than if he had a 16 girlfriend on the side. I mean, no matter what the reason 17 is that... 18 MR. SHADE: Your Honor, I understood Your 19 Honor to indicate at the outset of the hearing that you 20 would consider -- 21 THE COURT: Well, she can tell me, and if I 22 believe her, she is being credible about it, that she 23 didn't know what was going on in the marriage. I am 24 concerned about her knowledge and understanding of their 25 financial and property matters, not their sex life. 44 1 MR. SHADE: Well, now, I am personally 2 concerned about the fact that the defendant in this case 3 has testified under oath and threatened to seek to have me 4 disbarred over matters that -- 5 THE COURT: Well, you and he can work that 6 out. I have no power to disbar anybody. 7 MR. SHADE: I understand. 8 THE COURT: And I assure you that won't 9 happen from this bench. Matters that need to be pursued in 10 other tribunals can be pursued in other tribunals. I have 11 my hands full dealing with the issue at hand today. I want 12 to know how she signed a deed and didn't know what she was 13 doing. 14 MR. SHADE: And part of how naive she was 15 has bearing on her credibility. 16 THE COURT: Sure. She went to Roman 17 Catholic school, and they have had no sex life together. 18 Now tell me some other things about her naivety. 19 BY MR. SHADE: 20 Q was it going to be a hardship for you to 21 move from the marital dwelling with your limited resources 22 and your limited experience in life? 23 A Yes. It certainly was. 24 Q Do you have a driver's license? 25 A I have a license, which I -- 45 1 Q When did you first get a driver's license? 2 A In November of 1991, the same year that I 3 retired. 4 Q That was after you were married for 5 thirty-three years? 6 A Yes. 7 Q Why did you not have a license before that? 8 A Because we had only one car. And my husband 9 worked so many jobs, he didn't particularly want me to 10 drive. And he did the driving. 11 Q How did you go about getting your driver's 12 license in 19917 13 A Before I retired a friend at work was 14 talking to me, and my husband was having health problems. 15 And he convinced me that I should get a driver's license. 16 Q When you say he convinced me, who do you 17 mean he? 18 A He was a co-worker. 19 Q Not your husband? 20 A Not my husband, no. 21 Q Go ahead. 22 A A co-worker. 23 Q Yes. 24 A And he made it possible for me to go and 25 take my driver's test, to obtain application for a driver's 46 1 license. And I had a driver's training school come and 2 pick me up on my lunch hours and took driver's training 3 until I passed my test. 4 Q At that time did you live out in the 5 country? 6 A Yes. At the same residence where I am -- or 7 where I was. 8 Q Were you concerned that if your husband got 9 too ill to drive that you needed to be able to drive him? 10 A Absolutely. 11 Q And yourself? 12 A Yes. 13 Q After you got your license in 1991, would 14 your husband let you drive the car? 15 A Again, the car was the only car. I really 16 didn't have opportunities to drive it. 17 Q Have you driven a car since you retired in 18 19917 19 A No. I have not. 20 Q Do you have an automobile now? 21 A No. 22 Q Do you want to be able to get an automobile? 23 A Yes, I do. 24 Q After you retired, did you retain any of 25 your retirement checks when they came every month? 47 1 A No. I turned them all over to Don. As he 2 said, he was an excellent manager. However, I turned them 3 over to him. 4 Q Who did the grocery shopping in your 5 household? 6 A He did. 7 Q Would he permit you to go along with him -- 8 A No. 9 Q Ma'am, please let me finish my questions. 10 Would he permit you to go along with him to the grocery 11 store when he did the grocery shopping? 12 A Practically never. 13 Q Until you engaged counsel in this case, were 14 you aware that the marital dwelling had been transferred 15 into the name of your husband alone? 16 A No. I was not. 17 Q Would your husband ask you to sign things 18 throughout the marriage? 19 A Yes. But I trusted him. 20 Q When he would ask you to sign things, would 21 you just sign them? 22 A Because I had no reason to doubt him. 23 Q Do you ever recall your husband explaining 24 to you the document he was asking you to sign was 25 transferring to him all of your interests in the marital 48 1 home? 2 A No. 3 Q Are you asking that your husband be required 4 to transfer the marital dwelling back into joint names with 5 survivorship as it was before your signature was somehow 6 procured on Plaintiff's Exhibit 2? 7 A Yes. 8 MR. SHADE: Cross-examine. 9 THE COURT: Before you do that, because you 10 may want to follow-up on this, Mr. Braderman. 11 MR. BRADERMAN: Yes, Your Honor. 12 THE COURT: I know I said we weren't going 13 to get into this, but in deference to Mr. Shade's professed 14 predicament with regard to having been accused of making 15 false application. Let me just ask you a couple of 16 questions so we don't go into this in perhaps unnecessary 17 detail. 18 Is it your testimony today that you have 19 never had sexual relations with your husband? 20 THE WITNESS: Yes. 21 THE COURT: And how many years of marriage 22 now is this? 23 THE WITNESS: We were married on June the 24 8th of 1957. 25 THE COURT: And your petition -- 49 1 THE WITNESS: It was forty-four years. 2 THE COURT: And your petition says you have 3 never seen this man totally in the nude. Is that also 4 true? 5 THE WITNESS: That's correct. 6 THE COURT: Okay. 7 MR. SHADE: Excuse me, Your Honor, in light 8 of the questions that you just asked -- 9 THE COURT: Well, that was my point in 10 asking them. I was trying to tailor it to find out what I 11 felt I needed without -- but if you feel there is something 12 absolutely essential that must be pursued in light of 13 that, fine. 14 MR. SHADE: I just want to say for the 15 record, Your Honor, that this man in his answer has denied 16 all of that. And I want the record to show that I have 17 documentary evidence in his own -- 18 MR. BRADERMAN: Objection. 19 THE COURT: Well, if he tries to have you 20 disbarred, then you will defend on that basis. I repeat 21 again, that question is not before me. 22 MR. SHADE: I understand, Your Honor. But I 23 just want to say for the record that I have documentary 24 evidence in his own hand -- 25 THE COURT: You are prepared to defend your 50 1 claims in another forum. 2 MR.-SHADE: That would show his 3 credibility -- 4 MR. BRADERMAN: I object to that argument, 5 Your Honor, about documentary evidence. 6 THE COURT: Mr. Braderman, this is pushing, 7 you know, a little bit. It was your client who sat there 8 and threatened to disbar this man. You are putting me in a 9 tough position. 10 MR. BRADERMAN: That did not come from me, 11 Your Honor. 12 THE COURT: Well, sit down. We are going to 13 stop the whole thing right there. Go ahead. 14 Cross-examine. And I appreciate that, Mr. Braderman. It 15 did not come from you. And that was an appropriate 16 observation on your part. Go ahead. 17 CROSS-EXAMINATION 18 BY MR. BRADERMAN: 19 Q Mrs. Krafsig, Plaintiff's Exhibit No. 2 20 being the deed of September 24th, 1977, do you have that 21 before you? 22 A Yes. 23 Q Could you go to the last page of that deed? 24 There appears to be a notary? 25 A Yes. 51 1 Q Do you recall signing this before a notary? 2 Your name is listed, Donald C. Krafsig and Pauline Krafsig, 3 his wife? 4 A Yes, I did. 5 Q Would you go to the page before that? Is 6 that your signature? 7 A Yes, it is. But I was not aware of the full 8 context of what I was signing. 9 Q That's your recollection of what happened in 10 19777 11 A That's correct. 12 Q Do you recall where the deed was signed? 13 Was it signed in an office, at your home, in front of a 14 notary? Do you recall where you signed it? 15 A I believe it was -- I believe it was 16 in -- it was witnessed by the notary, but I believe it was 17 in his brother's office. 18 Q That would be John Krafsig's office? 19 A That's correct. 20 Q And do you recall how you got to the office? 21 A Well, the only way I had of getting anywhere 22 was my husband. 23 Q And you went with your husband? 24 A Yes. 25 Q And this document was put before you, 52 1 correct? 2 A Yes. 3 Q Were any other documents placed in front of 4 you? 5 A I don't remember. 6 Q Now, did you look at the first page of the 7 document that said this indenture? I am sure it is hard to 8 recollect twenty-five years ago. But if you could help us, 9 it would be appreciated. 10 A I am sorry. I can't say that I can say that 11 there were others, because I don't remember. 12 Q Okay. Do you remember whether you objected 13 to signing this? 14 A No. Because I figured I wouldn't be asked 15 to sign something if it was going to be detrimental to 16 myself. 17 Q Mrs. Krafsig, you testified that you worked 18 in various jobs for the Commonwealth? 19 A That's correct. 20 Q For forty years? 21 A That's right. Just about forty. 22 Q And were you Civil Service? 23 A Yes. 24 Q And could you give us your job titles, some 25 of what you did? 53 1 A I started out in the Bureau of Personnel as 2 a clerk typist when I graduated from high school, sixteen 3 years of age. 4 Q Well, let me ask you that. Were you an 5 early graduate? 6 A Yes. I skipped a whole grade when I moved 7 here to Harrisburg. 8 Q Because of academic achievement? 9 A Yes. 10 Q Go ahead. I am sorry. 11 A Then I went into the Bureau of Statistics, 12 the Liquor Control Board. From there I went to the Bureau 13 of Licensing. I was a keypunch operator there. I went 14 from the Bureau of Licensing into the Bureau of Liquor 15 Enforcement, where I was what they called -- well, first I 16 was a report examiner. Then I was a legal assistant. And 17 the Bureau of Enforcement was taken over in the '70's, the 18 1970's, by the State Police. And I retired from that 19 Bureau of Liquor Control Enforcement, in the Bureau of the 20 State Police. 21 Q You said you were a legal assistant. How 22 long were you a legal assistant, approximately? You don't 23 have to be exact. 24 A Well, I know I was with the State Police for 25 three or four years. And prior to that I would say about 54 1 three years, maybe four. 2 Q Would it be fair to say that you would 3 recognize a legal document, such as a deed, if you saw it? 4 A Yes. 5 Q You mentioned your husband didn't want you 6 to drive. Was that for safety purposes, or he just didn't 7 want you to drive? 8 A I don't know whether -- I don't know what it 9 was just exactly. But he preferred to do the driving. He 10 was a good driver, so I... 11 Q Did you drive together to work in the 12 morning? 13 A Yes. 14 Q And did you drive home from work together? 15 A Not always, no. His father took me home 16 many times earlier in our marriage. And also a man who 17 worked for us took me home. 18 Q At times? 19 A Different times. When Don was not able to 20 do it. 21 Q You heard your husband testify about working 22 more than one job. Did he sometimes have two jobs during 23 the marriage? 24 A Yes, he did. 25 Q What else did Mr. Krafsig do other than 55 1 working for the Liquor Control Board? 2 A He taught children acrobatics and baton for 3 two different dancing schools in the Harrisburg area. 4 Q And Mr. Krafsig was paid for that work? 5 A Yes. 6 Q And to your knowledge did the proceeds of 7 that work go into the family accounts? 8 A As far as I knew. 9 Q Prior to filing for divorce in May of this 10 year, did you ever file for divorce against your husband 11 prior to May of this year? 12 A No. 13 Q Do you think it is a good idea that the 14 house be sold, Mrs. Krafsig? 15 A I do, yes. 16 Q Will you agree that that is the primary 17 marital asset or the only marital asset of substance? 18 MR. SHADE: Objection, Your Honor. We have 19 outstanding discovery on that issue. We would have no way 20 of knowing one way or the other. 21 THE COURT: Well, if she doesn't know, she 22 will tell us. Go ahead. 23 BY MR. BRADERMAN: 24 Q Is that the primary marital asset? 25 A As my attorney just advised you, I agree. 56 1 Q You agree that it is? 2 A No. I agree that there are still some 3 outstanding things to be answered. 4 Q For example? Tell us what you think there 5 is that might be a marital asset that you don't know about 6 or that we don't know about, if you know? 7 A I don't know, so I can't really answer that 8 question truthfully. 9 Q Would it be fair to say to your knowledge, 10 Mrs. Krafsig, that over the past twenty-five years at 11 least, since you have owned the present home, that 12 primarily all your savings and income went into improving 13 that house? 14 A Yes. 15 Q After you moved out, Mrs. Krafsig, out of 16 the home in May, through your counsel, were certain 17 personal items asked for? 18 A Yes. My clothing. 19 Q And were they made available to you? 20 A My winter clothing was. 21 Q Did you ask for some other items? 22 A Some summer clothing. 23 Q Was that made available? 24 A Finally, yes. Along with clothing that 25 didn't belong to me. 57 1 Q Were there some other items? I don't have 2 the letter handy, but were there something like flower 3 arrangements and a radio or a T.V.? I just don't remember. 4 A These were things that my husband didn't 5 want in the house, because they had been given to me by my 6 mother. 7 Q Were those things made available to you? 8 A They were. 9 Q And you have gotten those items? 10 A Yes. 11 Q And you have had no trouble having access to 12 the house for you and relatives to pick those items up? 13 A The way it has been working, there is an 14 answering service I am told now, that when my 15 brother-in-law calls, the answering service is apparently, 16 the voice on that, is that of another person other than 17 Don. And he seems to be controlling when someone can or 18 can't come in and get anything. 19 Q Is there anything in that home, other than 20 furniture, is there anything in that home that you want 21 that you have been unable to obtain? 22 A There have been several things, yes. 23 Q Would you tell us what they are? 24 MR. SHADE: Objection to the relevance of 25 this, Your Honor. 58 1 THE COURT: Well, who knows. We might 2 resolve some part of this case this afternoon. Go ahead. 3 THE WITNESS: They were things that were 4 given to me by my mother. Namely, the framework for 5 etageres that held things -- 6 MR. BRADERMAN: I didn't understand. 7 THE WITNESS: The glass shelving was made 8 available. But the etageres are stands which hold things. 9 They are still there. And there are other items which have 10 not been found yet. 11 MR. BRADERMAN: Mr. Krafsig just told me 12 that the etageres are in the garage available for pickup. 13 Excuse me, Your Honor. 14 BY MR. BRADERMAN: 15 Q Mrs. Krafsig, would it be fair to say that 16 there were no other extravagances by you or your husband? 17 A Extravagances, no. I don't think there were 18 any. 19 Q Certainly not your vehicles? 20 A No. We have one car in common. 21 Q And that's the 1985 Buick? 22 A Right. 23 Q Was there anything you wanted materially 24 during the marriage that Mr. Krafsig said you couldn't have 25 or you were unable to purchase yourself? 59 1 A Well, I didn't purchase much myself, because 2 as far as holidays, Christmas, things like that, I did 3 that. But then that was with joint agreement. 4 Q How about clothing, your own clothing? 5 A I had a job which necessitated looking my 6 best -- 7 Q Absolutely. 8 A Because I was in contact with the public 9 everyday. And so for just about forty years you can see 10 where things would accumulate. 11 Q You would purchase your own clothes? 12 A I purchased my clothes. But I always waited 13 until I got them on sales before I bought them. So I was 14 not extravagant. 15 Q I didn't say you were. Were your purchases 16 of clothing or jewelry, were they ever limited by Mr. 17 Krafsig? 18 A No. But then I tried to do my best to keep 19 them within reason. 20 Q So he never told you how much you could or 21 could not spend on yourself? 22 A I had no money myself. So consequently when 23 I wanted something I would ask him. 24 Q If you could get it? 25 A If I could, but it didn't always work out 60 1 that way. 2 Q You have testified that you turned your pay 3 check over to Mr. Krafsig? 4 A Yes. 5 Q How did you get the money then to go to a 6 department store to buy clothing, or did you charge it or 7 write a check? 8 A It was through a charge. 9 Q And you had the charge cards? 10 A I had one. ll Q And what charge card was that? 12 A That was Pomeroy's, which is now Bon-Ton. 13 Don had one for Boscovs and one for Sears in his name. 14 Q Were you allowed to use those also? 15 A If the need be, but I didn't. 16 Q I don't want to dwell on this, Mrs. Krafsig. 17 I just want to get a picture. So you had freedom basically 18 to go out and buy the clothing that you needed or 19 accessories that you needed? You didn't have to ask Don's 20 permission, did you? 21 A I had to have some way of getting there. 22 Q Okay. But you didn't have to ask his 23 permission to go to the Bon-Ton, did you? You would ask 24 him to take you to the Bon-Ton? 25 A Yes. Because I had no other way of getting 61 1 there unless I would go with a member of my family. 2 Q And then when the bills came in on the 3 charges, Mr. Krafsig would pay those presumably, because he 4 took care of the finances in the home? 5 A Yes. But I took care of -- I mean, it was 6 not -- they weren't purchases made only for myself. 7 Q I understand that. And you were satisfied 8 with that arrangement? 9 A I trusted him completely. 10 Q Okay. 11 MR. BRADERMAN: I have no further questions. 12 THE COURT: Anything else, Mr. Shade? 13 MR. SHADE: Nothing further, Your Honor. 14 THE COURT: Ms. Krafsig, you do seem to have 15 some recollection then of going to John Krafsig's office 16 and signing the deed in front of a notary. Do you recall, 17 and search your memory as best you can, do you recall 18 whether you were told anything about why you were being 19 asked to sign the paper? 20 THE WITNESS: No. It was something I felt 21 that if Don felt that it was something that needed to be 22 done I went along with it, because he managed the finances. 23 And I thought it had to be valid or he wouldn't have, you 24 know, thought we should have done it. 25 THE COURT: Okay. Anything else? 62 1 MR. SHADE: Nothing, Your Honor. 2 THE COURT: Thank you. You can step down. 3 MR. SHADE: That is all the evidence we 4 have, Your Honor. 5 THE COURT: I think I understand the 6 testimony. Where would counsel like to go from here? Do 7 you just want to leave me with some closing arguments, or 8 would you like the opportunity to present any legal 9 authorities? 10 MR. BRADERMAN: Your Honor, I don't know 11 whether it is necessary to recall Mr. Krafsig other than to 12 introduce a deed that's been prepared. It has been signed, 13 transferring the property. I would just call Mr. Krafsig 14 to -- 15 THE COURT: I think it is clear that you are 16 offering to transfer the property as tenants in common, 17 which essentially gives her one-half interest. 18 MR. BRADERMAN: That's correct, Your Honor. 19 (Whereupon, Mr. Braderman closed on 20 behalf of the defendant.) 21 (Whereupon, Mr. Shade closed on 22 behalf of the plaintiff.) 23 (End of proceedings) 24 25 63 I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. B~rbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date N Judi istrict 64 ~'INVA"!ASNNBcl A.I.N.,q~,.) , ... ., .. ,0 PAULINE D. KRAFSIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW : DONALD C. KRAFSIG, : NO. 01-3079 CIVIL TERM Defendant : IN DIVORCE IN RE: TRANSCRIPT OF PROC~RDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, September 24, 2001, in Courtroom Number 4. APPEAS~%NCES: WAYNE F. SHADE, Esquire For the Plaintiff JAY R. BRADERMAN, Esquire For the Defendant INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECRO$S Pauline D. Krafsig 48 55 64, 69 66 FOR THE DEFENDANT Donald C. Krafsig 3 27 47 INDEX TO EXHIBITS FOR THE PLAINTIFF ADMITTED Ex. No. 1 (all pg. 70) income & expense statement Ex. No. 2 list of checks for dental bills Ex. No. 3 - estimate of dental work Ex. No. 4 - checks & wire transfers of husband Ex. No. 5 - breakdown of checks & wire transfers Ex. No. 6 - counsel fees Ex. No. 9 checking account register FOR THE DEFENDANT Ex. No. i - income & expense statement Ex. No. 2 - 2000 tax return 2 MR. RuNDLE: The next case is No. 11, 1 2 Pauline Krafsig and Donald Krafsig- MR. BRADER~: Good afternoon, Your Honor- 3 THE coURT: Good afternoon. 4 MR. RuITDLE: ThiS is an APL case, your of 2001. 5 6 Honor. Mrs. Krafsig filed for APL on May the 21st 7 Following a conference at the DomestiC RelatiOnS office a $1,100.00 per month, 8 recommended order in the amount of 9 effective May 21, waS entered. The defendant has requested 10 the hearing de novo. MR. BRADERF~: your Honor, may Mr. Krafsig 11 12 take the stand? THE coURT: sure- 13 MR. sHADE: I am a little confused about the 14 15 order here. THE CoURT: Well, it doesn't matter- 16 MR. BRADEPA~: It is our appeal. 17 THE CoURT: But it is a hearing de noVO. It 18 19 doesn't matter. I don't care. Go ahead. whereupon, DONALD C. KRAFSIG, having been 2O duly sworn, testified as follows: 21 MR. sHADE: Your Honor, counsel has 22 23 indicated that he does not have any objection to your 24 having a copy of our e~hibitS to follow our testimony, and 25 some of it will be cross-examination as well. So I am 3 1 handing them to the court reporter. 2 MR. BRADERMAN: I have exhibits to hand to 3 the court also. 4 DIRECT EXAMINATION 5 BY MR. BRADERMAN: 6 Q Mr. Krafsig, I show you an exhibit, which 7 has not been marked, but I guess we can say Mr. Krafsig's 8 exhibit or Defendant's Exhibit No. 1, which is an income 9 and expense statement. Do you have that before you? 10 A Yes, sir. 11 Q And I am not going to go through every entry 12 obviously. Does that accurately reflect your monthly 13 income on page one, being pension income of $3,452.00 a 14 month, plus social security income -- social security 15 retirement income of $1,225.00 a month? Is that an 16 accurate reflection of your monthly income presently? 17 A Is this the correct one? 18 Q This document, Mr. Krafsig. 19 A Oh, I am sorry. 20 Q The income and expense. 21 A I am sorry. 22 Q Would you like me to repeat my question? 23 A Please. 24 Q On page one of what is identified as an 25 income and expense statement, does that accurately reflect 4 1 your present monthly income, consisting of pension income 2 of $3,452.00, plus social security retirement benefits of 3 $1,125.007 4 A Yes, sir. 5 Q Also on that page, being page one, there is 6 a listing of a checking account and a savings account as 7 being property owned. Do you see that? 8 A Yes, sir. 9 Q Are they the present balances in those 10 accounts? ll A Yes, sir. There is a $25.00 deduction on 12 the credit union for information I just obtained that will 13 be deducted from that, but it is right otherwise. 14 Q Those two accounts are in your name, 15 correct? 16 A Yes, sir. 17 Q I also see real estate listed being in joint 18 names. Do you see that also -- Mr. Krafsig, refer to the 19 first page. And where it says property owned, it says real 20 estate jointly held, at the bottom right-hand side of the 21 page, real estate and there is an X. 22 A Okay. I am sorry. 23 Q Is that the marital home? 24 A Yes, sir. 25 Q And that was recently deeded to yourself and 5 1 your wife as tenancy by the entireties, is that correct? 2 A Yes, sir. 3 Q And that was in accordance with Judge Hess' 4 prior order, is that correct? 5 A Yes, sir. 6 Q Mr. Krafsig, do you own individually or with 7 your wife or anybody else any stocks or bonds or other 8 assets that are not reflected on this document? 9 A No, sir. 10 Q Now, the home is listed for sale, is that ll correct? 12 A Yes, sir. 13 Q And what is the listing price for that home? 14 A It is $1,895,000.00. 15 Q And how long has that house been listed for 16 sale? 17 A Well, we started on June the 5th I believe. 18 Q Have you had any offers? 19 A No offers as yet. 20 Q Are you willing to reduce the price of the 21 home? 22 A It can be negotiable, of course. 23 Q Would you please refer to page three of the 24 exhibit you are holding, Mr. Krafsig, being the income and 25 expense statement? 6 1 A Yes, sir. 2 Q ~,nd you will see on the left-hand side there 3 is a list of expenses, do you see that? 4 A Yes, sir. 5 Q And there is a mortgage under home, which is 6 mortgage, of $2,736.00 a month. Is that the correct 7 mortgage payment you are making? 8 A Yes, sir. 9 Q And do I understand correctly that consists 10 of two separate mortgages? 11 A That's right, sir. 12 Q And could you tell the Court approximately 13 how much you pay monthly on each mortgage? 14 A The first mortgage is like $1,560.00, less a 15 few cents, and the second mortgage is I think $1,126.00 16 and some odd cents too. 17 Q So the combined payment is $2,736.00 a 18 month? 19 A That's right, sir. 20 Q Could you advise us as to the approximate 21 balance on each of those mortgages? 22 A Well, the first mortgage I understand is 23 approximately about $50,000.00. And the second mortgage I 24 think is between eighty and ninety I would say. 25 Q How many years remain on the first mortgage? 7 1 A Approximately four years. 2 Q And how many years of payment remain on the 3 second mortgage? 4 A I think about eight. 5 Q Mr. Krafsig, at prior proceedings you have 6 heard inquiries about refinancing mortgages? 7 A That's correct, sir. 8 Q Why haven't you attempted to refinance those 9 two mortgages? 10 A Well, first of all, because of my age. 11 Q What is your age, Mr. Krafsig? 12 A I am seventy-one. And, secondly, because I 13 really don't have the money to pursue something like that. 14 And, thirdly, I don't think it would really be to my 15 advantage, because there is more going against the 16 principal than paying the interest. And I just don't feel 17 that I could afford to do it in any event. 18 Q So refinancing wouldn't necessarily be to 19 obtain more money, it would be to extend your payments and 20 lower them presumably? 21 A That's correct. But to get a thirty year 22 mortgage, I would be a hundred and one years old, and I 23 don't know if they would even give me one. 24 Q Mr. Krafsig, I note that there is a listing 25 of oil for $460.00 a month. Are you on a budget program 8 1 for heat? 2 A Yes. But that's incorrect. Last season I 3 was paying 321, but now they have increased it to 503. 4 Q Is that for eleven months or twelve months? 5 A I would say for twelve months. 6 Q And, again, I told you I was not going to go 7 through every entry, which I am not. I would ask you to 8 look at real estate taxes, listed at $620.00 a month. Is 9 that a fair figure? 10 A That's correct, sir. 11 Q And real estate taxes are not included in 12 your mortgage payment. They are not escrowed, is that 13 correct? 14 A No, sir. 15 Q Are your real estate taxes current? 16 A The first tax is. I paid the $1,920.00 and 17 something I paid -- I think it was in June. But I have the 18 big taxes pending. That's like -- 19 Q Well, I will get into that later. 20 A Okay. I think it was 5,500 and something. 21 Q To summarize, Mr. Krafsig, on page one your 22 net taxable income annually is $53,724.00, is that correct? 23 A That's correct, sir. 24 Q And your monthly net income would be 25 $4,477.00, is that correct? 9 i A That's correct, sir. 2 Q And looking at page -- 3 A That includes the social security. 4 Q Yes, it does. 5 A Yes, sir. 6 Q Looking at page three, with our itemization 7 of all your expenses, is it a fair statement to say that 8 your monthly expenses far exceed your income? 9 A Without question. 10 Q And to be fair, Mr. Krafsig, one of the 11 expenses you have listed is APL at $1,200.00 a month. 12 That's included in your monthly expenses, is that correct? 13 A That's correct, sir. 14 Q And that is on the bottom right-hand side of 15 page three? 16 A They garnished my retirement for that. 17 Q Mr. Krafsig, I am going to ask you to pick 18 up the other group of documents, the top page being the 19 2000 tax return? 20 A This is 1999. This isn't the 2000. 21 Q Then I gave you the wrong one. 22 MR. BRADERMAN: Does Your Honor have the 23 2000 tax return? 24 THE COURT: I have the 2000. 25 BY MR. BRADERMAN: 10 1 Q Mr. Krafsig, this is the last federal income 2 tax return that you filed? 3 A Yes, sir. 4 Q And this was filed jointly with your wife 5 Pauline? 6 A That's correct. 7 Q Turning to the second page of the documents, 8 those are the so-called W-2 statements? 9 A Yes, sir. 10 Q For yourself and your wife? 11 MR. SI{ADE: For the record, I think they are 12 1099's, Your Honor. 13 MR. BRADERMAN: I stand corrected, Your 14 Honor. 15 BY MR. BRADERMAN: 16 Q Do they accurately reflect the income back 17 in 2000? 18 A Yes, sir. 19 Q And turning to the next page, being the 20 front page of your 2000 tax return, I see social security 21 benefits listed under line 20A and 20B, is that correct? 22 A That's correct, sir. 23 Q Would it be fair to state that your income 24 is approximately the same as it was in the year 2000 25 presently? 11 1 A Yes, sir. 2 Q I note, if you will turn to Schedule B, 3 being page four of your return, there is an itemization of 4 interest in there. Do you see that? 5 A Yes, sir. 6 Q Allfirst Bank, whose account is that? There 7 is interest for Allfirst Bank. 8 A I am not sure if that's the new name for 9 Dauphin Deposit or not. 10 Q It is. 11 A If it is, then that's Mrs. Krafsig's. 12 Q And M & T Bank, that's your account? 13 A Yes, sir. 14 Q And you already referred to that account on 15 the first exhibit I showed you, on your income and expense 16 statement? 17 A Yes, sir. 18 Q And then I see interest from PSECU for 19 $1,020.007 20 A That's correct, sir. 21 Q Is that account still in existence? 22 A Yes, sir. 23 Q And I noted on the first page of your income 24 and expense statement that it has presently -- the PSECU 25 account presently has a balance of $514.00, is that 12 1 correct? 2 A That's right, sir. 3 Q Do I assume correctly that during the year 4 2000 that you had a substantial amount of money in that 5 account? 6 A I can't tell you exactly how much, but, I 7 mean, it was more than I have now, that's for sure. 8 Q If I told you, Mr. Krafsig, from the review 9 of your records that at the end of December of 2000 you had 10 approximately $18,000.00 in that account, would that be a 11 correct statement? 12 A Yes, sir. 13 Q And what has happened with that $18,000.007 14 A Well, I have a lot of people who work for me 15 to complete the home, and it takes quite a bit. When you 16 have a plumber, for example, it is like $40.00 an hour. 17 And I have been, you know, trying to get the house 18 completed, so, you know, that we could sell it one day, but 19 that's where the money went. In fact, I had to cut back in 20 April -- 21 Q Well, let me interrupt you, Mr. Krafsig. 22 A Oh, I am sorry. 23 Q Is it your testimony that you have removed 24 that $18,000.00 from the PSECU account? 25 A No. I didn't take the money out. I just 13 1 used it to... 2 Q Did you take that money out and -- 3 A You are asking me if I took $18,000.00 out 4 period, no, sir -- 5 Q Listen to my question. 6 A I am sorry. 7 Q Did you withdraw that money at one time or 8 in specific amounts? 9 A Specific amounts. 10 Q And when you withdrew the money, did you 11 deposit that in your checking account? 12 A Yes, sir. 13 Q And would your present checking account 14 reflect those deposits into your account? 15 A Certainly. 16 Q And at least up until the time that we 17 supplied answers to interrogatories, you have given that 18 information to Mrs. Krafsig's counsel -- answers to 19 interrogatories? 20 A Yes, sir. 21 Q Showing your check register, deposits and 22 checks written on it? 23 A That's correct, sir. 24 Q Mr. Krafsig, in this packet of materials, 25 being the first item after the last page of the tax return, 14 1 it is an item that says taxpayer copy being taxes, do you 2 see that? 3 A Yes, sir. 4 Q Has that tax been paid? 5 A On June the 18th I paid it, sir. 6 Q And how much was that? 7 A It was $1,900.38. 8 Q Are they the county and the township taxes? 9 A Yes, sir. 10 Q Please go to the next page. Is that the 11 school tax? 12 A Yes, sir. 13 Q And when is the school tax presently due? 14 How much is it? 15 A Well, if I would have paid it by September 16 1st, it would have been 5,396.59. 17 Q That's good enough. Fine. Have you paid 18 that tax, Mr. Krafsig? 19 A No, sir. I can't afford to. 20 Q Going to the next page, Mr. Krafsig, that 21 says Waypoint Bank, is that a successor to Harris Savings? 22 A Yes, sir. 23 Q And what does that page saying Waypoint 24 Bank, what does that depict? 25 A That's my second mortgage. 15 1 Q And it shows your monthly payment is how 2 much? 3 A $1,076.79. 4 Q Going to the next page, it says -- 5 MR. SF,%DE: Your Honor, that's not how my 6 exhibit appears. 7 I am sorry. Excuse me, Your Honor. 8 BY MR. BRADERMAN: 9 Q Going to the next page, Mr. Krafsig, does 10 that accurately reflect the payment for the first mortgage? 11 A Yes, sir. 12 Q And how much is that a month? 13 A $1,559.94. 14 Q Are you current with both those payments? 15 a Yes, sir, I am, sir. 16 Q Next page, Mr. Krafsig, same PSECU, what 17 does that depict? 18 A That's to Pennsylvania Employees Credit 19 Union -- State Employees Credit Union. 20 Q Now, do you have any direct deposits? 21 A Yes, I do. My monthly pension goes into 22 that account. 23 Q And would that be the $3,500.00 listed? 24 What would that be? It says check dispersed. 25 A That thirty-five is what I had withdrew to 16 1 pay the mortgages with and some other items that I had due. 2 Q Okay. Next page, Mr. Krafsig. We will go 3 through these very quickly. Same, M & T Bank? 4 A Yes, sir. 5 Q What is that, is that your present checking 6 account? 7 A That's correct, sir. 8 Q And you say your current balance is 9 approximately that, but $25.00 less? 10 A No. It is $308.00. 11 Q Next document, Mr. Krafsig. You had 12 mentioned that your budget amount for oil is 503 a month? 13 A That's my new budget, right. And if you 14 notice for August and September I haven't been able to pay 15 to start it even. 16 Q How many square feet in the home? 17 A There is a total actually of 1,600 square 18 feet. 19 Q 1,600 or -- 20 A 16,000 square feet. 21 Q The next item, Mr. Krafsig, to expedite it, 22 that is a service contract with the oil people, is that 23 correct? 24 A That's correct. For the two furnaces. 25 Q There is an invoice from Blizzard's Plumbing 17 1 & Heating in June of this year. Have you paid that? 2 A No, I haven't, sir. In fact, this gentleman 3 called me on Friday wanting to know when I was going to pay 4 this, because the service was began in the beginning of 5 May. And I told him that, you know, I was coming before 6 the court today, and I would get back to him. 7 Q I just gave that as an example of an invoice 8 you can't pay, Mr. Krafsig. Do you have other items of 9 maintenance or ongoing expenses, such as the sewer, rental, 10 and that type of thing? 11 A Oh, definitely. With the well, you know, my 12 well is very deep. And I have that expense as well as my 13 water softener plus, you know, lawn maintenance, which I 14 can't afford to do now. I had to discontinue that. 15 Q Who mows the grass? 16 A Well, myself and some of my friends have 17 been helping me, because I have the house up for sale and I 18 have to keep it looking at least decently. 19 Q Next item -- 20 A May I add something? That I really 21 shouldn't be doing that because I have been battling skin 22 cancer for years. And I also, about three years ago, 23 developed a nerve disorder in my feet. And I am having 24 difficulty, great difficulty now, because of the pain and 25 everything. So I really shouldn't be doing this, but I 18 i don't have any other choice. 2 Q The next item is a declaration page. Could 3 you identify what that is? 4 A Yes. That's the fire insurance for Mr. and 5 Mrs. Krafsig. 6 Q That's fire and liability insurance? 7 A Yes. 8 Q On the home? 9 A That's correct. 10 Q And what's the annual premium? 11 A $2,452.00. 12 Q And the last page in the packet of 13 materials, Mr. Krafsig, is what? 14 A It is for my automobile insurance. 15 Q And that is how much? 16 A That's $404.00 a year. And I am paying that 17 on installment payments. 18 Q What kind of vehicle do you drive, Mr. 19 Krafsig? 20 A It is a 1985 Buick Regal. I have 106,000 21 miles on it. 22 Q Recently, Mr. Krafsig, I had sent you a copy 23 of a letter from Mr. Shade, your wife's attorney, and also 24 enclosing an invoice. I think Mr. Shade will be talking 25 about it later, an invoice or an estimate for crowns and a 19 1 bridge for your wife for $2,880.00. And that was an 2 estimate only, correct? 3 A I understand it to be that way, sir. 4 Q Can you afford to contribute or pay any of 5 that? 6 A I don't have any money to pay anything with. 7 I am barely, barely making it. And I am not going to be 8 able to make it, you know, if it goes on beyond another 9 month. 10 Q You are under oath, Mr. Krafsig. Other than 11 the moneys listed in your income and expense statement, do 12 you have any other moneys? 13 A I have reported everything I have here. I 14 have nothing but what you see there. 15 Q very briefly. Certainly on your limited 16 income and your wife's limited income, especially since 17 retirement, you have been able to make substantial 18 improvements to the home, whereby you have hopefully a home 19 worth over a million dollars, is that correct? 20 A Yes, sir. 21 Q And other than your salaries and 22 retirements, is it not true that over the years that there 23 have been other sources of income? You have received lump 24 sum amounts? 25 A Oh, yes, from... 20 1 Q Okay. And those sources are no longer 2 available, are they? 3 A No, sir. 4 Q For example, Mr. Krafsig, in 1988 did you 5 receive $88,000.007 6 A Yes, sir. 7 Q And why did you receive $88,000.00? 8 A That was a settlement on a suit that I had 9 with the workmen's comp. 10 Q That was a worker's compensation payoff? 11 A That's correct, sir. 12 Q When you retired in 1991 did you withdraw 13 any lump sum amounts from your retirement account? 14 A Yes, sir, I did. 15 Q And how much did you withdraw? 16 A Well, I withdrew -- 17 Q Approximately? 18 A Approximately, over 60,000. 19 Q And your wife retired at the same time, did 20 she not? 21 A Yes, sir. 22 Q And she withdrew from her retirement how 23 much? 24 A Well, I know it was thirty some thousand 25 dollars. I don't just remember -- 21 1 Q Does $38,000.00 sound about right? 2 A That sounds correct, yes. 3 Q And at the time you retired, after you had 4 so many years in, did the Commonwealth also pay you for 5 your vacation -- unused vacation and sick leave? 6 A Yes, they did, sir. 7 Q And how much did you receive on that? 8 A I got over $22,000.00. 9 Q And did your wife receive any money for 10 that? 11 A Yes, she did. 12 Q But we don't know how much? 13 A I don't recall how much, but it might have 14 been anywhere between eight to 12,000. I am just guessing 15 though. 16 Q And at one time, subsequent to your 17 retirement, you did refinance on the mortgages -- or on one 18 mortgage, and you received some extra money to do 19 improvements to the home at that time, is that correct? 20 A An additional like 35,100 I believe it was. 21 Q I haven't added up all these sums. Where 22 did this money go? 23 A It went into the home or on -- 24 Q Did it go into like the PSECU account 25 first -- 22 I A Oh, yeah, definitely -- 2 Q And then you drew from that? 3 A Or the bank, either one. 4 Q Did you get interest on those moneys? 5 A Yes, sir. 6 Q Mr. Krafsig, what is the state of your 7 health? 8 A Well, I am not really that well. I have a 9 lot of problems with my blood pressure for one thing. But 10 I have been battling skin cancer. I just recently had 11 another one -- I have had a melanoma. And I don't know 12 what my future lies ahead for me. 13 Q Do you take any medications? 14 A Yes, sir, I do, sir. I take two blood 15 pressure medicines. And I take -- 16 Q What are they? 17 A One is Inderal, one is Hytrin, and the other 18 one is... 19 Q That's the two blood pressure-medications. 20 Do you take medicine for anything else? 21 A One that lowers your cholesterol, what's 22 that one that's on the market? 23 Q Lipitor? 24 A Lipitor, yes. 25 Q Are these prescriptions paid for through any 23 I insurance program? 2 A Well, we get a $7.00 rebate from the State, 3 but that don't cover, you know, only when they are generics 4 that you get it for seven. You have to pay -- I think 5 Hytrin alone costs me like thirty some dollars for a one 6 month supply. 7 Q So, Mr. Krafsig, on the income and expense 8 statement, we have estimated your monthly prescription 9 costs at $60.00, is that net cost to you? 10 A Well, it don't always stay at that. 11 Sometimes it is more, but, you know, that's the amount that 12 it costs me. I have been trying to take it every other day 13 to make it extend a little further. And I shouldn't be 14 doing that, but I am, because I have no other choice. 15 Q When you go to the doctor, is that paid for 16 by insurance? 17 A Yes, sir. 18 Q It is? 19 A In not all instances. You have that $100.00 20 deductible that you have got to pay. Then you run into 21 some occasions that you have to pay, you know. But that's 22 not excessive. 23 Q Mr. Krafsig, if you pay the mortgage -- the 24 mortgages, and you pay the taxes on the home on a regular 25 monthly basis, do you have any money left over for food or 24 1 maintenance for yourself? 2 A You have to be kidding me. No, there is 3 nothing, nothing. 4 Q When you and Mrs. Krafsig lived together in 5 that home, your combined net income was about $6,000.00 a 6 month, is that correct? 7 A Yes -- 8 Q Is that correct? 9 A Yes, sir. 10 Q And without consideration of those other 11 funds that you deposited in the PSECU account over the 12 years, was $6,000.00 a month enough to take care of all of 13 these expenses? 14 A You said without the others, yes. 15 Q And Mrs. Krafsig willingly contributed her 16 retirement income to the family household, did she not? 17 A Yes, she did, sir. 18 Q And you deposited your money into the 19 household expenses also? 20 A That's correct. 21 Q Do you want to stay in the house, Mr. 22 Krafsig, until it is sold? 23 A Until it is sold. 24 Q And why do you want to stay in the house 25 until it is sold? 25 1 A Well, to protect the asset. That's all I 2 have. I worked forty-eight and a half years one job and 3 twenty-five and a half years three other jobs. This is my 4 whole life. 5 Q Now, your mother resides there too, does she 6 not? 7 A Yes, sir. 8 Q How old is your mother? 9 A She will be ninety-two November the 7th. 10 Q And she doesn't contribute, does she, to the 11 household expenses? 12 A Not really. She helps like if she wants 13 something from the store or things that, you know, her 14 personal things, you know, she pays for that. But I don't 15 charge her no board or anything like that. 16 Q And your mother living there is not unusual 17 because Pauline's mother lived there for a period of time 18 also, did she not? 19 A I took care of her mother for nine years and 20 never charged her a nickel. I also took care of her sister 21 when she left home and she had nowhere to go. I also took 22 care of her and never charged her a nickel either. 23 Q so to summarize, Mr. Krafs±g, with your 24 obligation to pay Mrs. Krafsig $1,200.00 a month, something 25 has to suffer, is that correct? 26 1 A That's correct. I just can't do it and pay 2 her that and protect the marital asset. There is just no 3 way I will be able to do it. 4 MR. BRADERMAN: Cross-examine. 5 CROSS-EXAMINATION 6 BY MR. SHADE: 7 Q Do you agree that your wife, the plaintiff 8 in this case, was born on September 30th, 1934, and 9 is -- what does that do for us -- sixty-six years of age? 10 A Yes. Next week I think is -- 11 Q Right. And you have indicated your age is 12 seventy-one. You were born on May 6th, 1930, sir? 13 A That's right, sir. 14 Q A_nd isn't it true that you and your wife 15 were married on June 8, 19577 16 A I think that's correct. 17 Q Has this been the only marriage for both of 18 you? 19 A Yes, sir. 20 Q And have you and your wife been ~rried 21 continuously from June 8th, 1957, to the present time? 22 A What do you mean by continuous, sir? 23 Q You have never been divorced or remarried? 24 A No. 25 Q Right? 27 I A No. 2 Q Now, you stated here moments ago that this 3 house is your whole life. Isn't it true that in response 4 to your counsel's question in the hearing on special relief 5 in this court on July 27, 2001, that you stated that the 6 marital dwelling was your life's dream? 7 A Well, it was a dream. And, also, it became 8 a reality. 9 Q And isn't it true that you stated in that 10 same cross-examination that you thought that it would take 11 a special buyer in order to enable you to be successful in 12 selling this property? 13 A Yes. I said that, because it will. And it 14 is going to take someone -- and I am going to probably have 15 to be part of it, because there is a lot of work that's 16 undone. I drew the plans and everything. So I know more 17 about it than anyone else. 18 Q Isn't it true that you stated in that same 19 cross-examination that you think that it will take quite 20 awhile to sell the marital dwelling? 21 A Well, you never know that, sir, you know, it 22 depends. I have had a couple look at it who have the 23 money. And so I don't know whether they will make a 24 decision to take it or not. So you don't know from one day 25 to the next. 28 1 Q Isn't it true that that is what you stated 2 then, sir? 3 A I stated it because I wasn't involved in it 4 as much as I am now. 5 Q Other than these two mortgages that you have 6 testified to, isn't it true that there are no other liens 7 against the marital residence? 8 A Not that I know of, sir. 9 Q Have you made any attempts at all to look 10 into refinancing the marital dwelling? 11 A Not at this point, because I don't feel that 12 it really is to my advantage. Plus, like I said to you 13 previously, I don't have the money to do it. 14 Q Well, how can you sit there and say that you 15 don't have the money to do it when you haven't even asked 16 anybody how much money it will take? 17 A Because I have been through a re-mortgage 18 already, and I have that experience. 19 Q Well, now, you say that you don't think it 20 would be to your advantage to do it, by that isn't it true 21 that you mean that you don't want to get into a situation 22 where you are paying less per month on principal than you 23 are now? That's what you mean when you say that, isn't it? 24 A Well, that and the fact that at my age I, 25 you know, I was hoping I could live to at least see the 29 1 house get paid for and not have to re-mortgage at a higher 2 interest rate and... 3 Q Well, you have already said that you can't 4 afford to pay the two mortgages that are in existence now, 5 haven't you? Isn't that what you said today? 6 A I am having a difficult time I said. You 7 hear that I did pay it for October. 8 Q Well, since you haven't checked with anybody 9 about refinancing this house -- 10 A I said not as yet. 11 Q Isn't it true that nobody has obviously told 12 you that you could not refinance it because of your age, 13 have they? 14 A I haven't inquired, like I told you, at this 15 point. 16 Q Are you suggesting to us today that you 17 would rather not take medication that you need for your 18 health than to even look into what it would take to 19 refinance this house? 20 A Yes. I am saying that, but I have been 21 taking my medication every other day. And I think your 22 client will vouch, you know, about how she has, you know, 23 lived with me that many years. She knows how I am about 24 medicine. And, yes, I have been taking it every other day, 25 but not with the doctor's okay. I have just been doing it, 30 1 because I just don't have the money to pursue, you know, to 2 keep getting it. 3 Q You said that you didn't want to refinance 4 the house because you didn't want to be 101 years old when 5 the thirty year mortgage will be paid off, but, obviously, 6 the mortgage will get paid off when it gets sold. Do you 7 understand that concept? 8 A Well, may I ask you something? 9 Q No, sir. Please, answer my question. 10 A Repeat it again, please. 11 Q Well, you have said that one of the reasons, 12 as I understand it, that you don't want to even look into 13 refinancing this house is because you don't want to be 14 paying on a mortgage until you are 101 years old. And I am 15 asking you don't you acknowledge that if this house gets 16 sold, and if you are serious about wanting to go sell this 17 house, that when it is sold the mortgage will be paid off 18 completely? Do you understand that? 19 A I understand that, yes. But I didn't say 20 that. 21 Q What did you say, sir? 22 A I said that I am trying to -- I am waiting 23 for somebody to come by and maybe get an offer. And if it 24 is a reasonable offer, then I will clear it with Mrs. 25 Krafsig. And we will sell it, and that will be it. But to 31 1 go ahead and to re-mortgage, I just don't feel that I can 2 do that. 3 Q It is just something you don't want to do, 4 isn't it? 5 A No. It is not something I don't want to do, 6 sir. I said to you that I would look into it, and I intend 7 to do that. 8 Q Well, wait a minute. We have been asking 9 you to look into it now for months, haven't we? 10 A Well, you are not, you know, I didn't know 11 you were an authority on the financial basis. I will look 12 into it if I, you know, when the time comes. I will do 13 that. 14 Q Well, isn't it true that since July we have 15 expressly, orally and in writing asked you to look into it? 16 A Well, you have been trying to tell me to do 17 that. You have wrote in a letter. And you also brought it 18 up at the Domestic Relations hearing. But you have to 19 understand something, sir, you know, I didn't get where I 20 am today by listening to you. 21 Q Now, you indicated on direct examination 22 that you are willing to reduce the price of the house for 23 its sale, do you remember that? 24 A I said it is negotiable, yes, sir. 25 Q How much would you be willing to reduce it 32 1 to? 2 A I can't tell you that, sir. It would depend 3 on what offer is made. And then I will have to make that 4 decision. I mean, I am not going to give it away. I mean, 5 it is our joint assets what, you know, both of us will 6 survive on. 7 Q Your income and expense statement, 8 Defendant's Exhibit 1, sir, the second -- excuse me, the 9 last page of that, sir. Would you consult that, please, 10 page three. Do you see where it says mortgage/rent $100.00 11 a month? 12 A Yeah. 13 Q What is that? 14 MR. BRADERMAN: Your Honor, if I may 15 explain. They are in the wrong -- when it was typed -- the 16 mortgage is 2736 -- 17 MR. SHADE: I am satisfied -- 18 MR. BRADERMAN: $100.00 a month should be 19 maintenance, Your Honor. I apologize. 20 MR. SHADE: I am satisfied with that. 21 MR. BRADERMAN: I apologize. 22 BY MR. SHADE: 23 Q Going back to this mortgage issue, sir. 24 Have you ever heard the term viatical mortgage? 25 A No, sir. 33 1 Q Well, if there were a concept by which you 2 could actually borrow the major portion of the equity of 3 that house or at least what you needed from it, as a 4 retired person would you have any interest in that concept? 5 A Well, without having any knowledge of it, I 6 think it would be hard for me to answer for you, because I 7 don't really know what advantage it would be for me. 8 Q Did Jon Donmoyer have financial problems 9 between 1996 and 20017 10 A Yes, sir. He ran into bankruptcy. 11 Q What was the nature of his problems? What 12 put him in bankruptcy? 13 A Well, like any young person, I guess he got 14 in over his head. 15 Q In what details? Where did he put his 16 money? 17 A I don't know all the details, so... 18 Q But you know he declared bankruptcy? 19 A I know he declared bankruptcy, that's right. 20 Q When did he do that? 21 MR. BRADERMAN: Your Honor, just an 22 objection. I understand this is a de novo hearing. But I 23 don't recall any direct testimony with regard to a Jon 24 Donmoyer, so I don't know -- 25 THE COURT: I don't even know who he is or 34 1 why this is at all important to this. 2 MR. SHADE: This is part of the reason why 3 it gets a little awkward when he took the stand first. If 4 we would have gone first, we would have established that 5 Jon Donmoyer is Mr. Krafsig's homosexual lover. And that 6 in the discovery -- 7 MR. BRADERMAN: Objection. 8 MR. SHADE: In the discovery that we have 9 been given already involving the check ledgers of Mr. 10 Krafsig, to which we never had access before, between 11 1996 -- between January 1, 1996, and May of this year, Mr. 12 Krafsig gave Mr. Donmoyer more than $20,000.00. 13 THE COURT: Well, why don't you just ask him 14 whether that's true, and then we will move on. Either he 15 gave that much money to this individual, and I frankly 16 don't care what the reason is -- 17 MR. BRADERMAN: Your Honor -- 18 THE COURT: Or he didn't give the money -- 19 MR. BRADERMAN: And that's a scurrilous 20 remark about it being a homosexual partner. That's not 21 true, Your Honor. 22 THE COURT: He hasn't made any comment about 23 that, and he has not been asked to. 24 BY MR. SHADE: 25 Q Isn't it true that from January 1, 1996, 35 1 through at least May of this year that you gave Jon 2 Donmoyer more than $20,000.00 in checks, payable to him, as 3 well as wire transfers from the checking account about 4 which you have testified here today? 5 A Yeah, the way you are putting it. What I 6 have done, that money that I gave Mr. Donmoyer was for tile 7 work that he had done. There was one occasion where I was 8 supposed to go out to St. Louis, and I wire transferred him 9 money so he could pay for the flight for me and my lodging, 10 because he had a one bedroom apartment, and I didn't want 11 to stay there. 12 I was going to stay down in what they call I 13 think the Train Station. And I couldn't go, I had to have 14 some surgery, and I couldn't go. And so I got the majority 15 of that money back. But any of the other money was used 16 towards mostly for the tile. I did help him with some 17 other things when, you know, the boy had no money, but it 18 didn't total that. 19 I also want to point out the fact that he 20 did that on the condition that it would be a loan unless he 21 could do some of the tile work. Now, maybe Mrs. Krafsig is 22 not versed in this enough or you yourself, but the home of 23 my caliber you have to have tile work done in your home. 24 And that young Mn has put down over 3,000 square feet of 25 tile to this point. And if you check for just floor 36 1 tiling, what it costs, anywhere from six to $9.00 a square 2 foot, you are talking about $21,000.00. And there is no 3 way that I have compensated Jon for $21,000.00. And I 4 resent that, for you even to imply something -- without 5 asking me first what that money was spent on. 6 And when we took our trip to see the ball 7 game, I asked Mrs. Krafsig specifically if that would be 8 okay. And she said that being I was never away from that 9 house in twenty-five years that I deserve that. And now it 10 seems very difficult for me to see that being thrown in my 11 face, when some of that money that Jon had was I advanced 12 him so he could get paid for the tickets and for the 13 lodging and things like that. And that was a reward for 14 what he had done, and Mrs. Krafsig knows that. 15 Q Mr. Krafsig -- 16 A But don't say to me that I gave him 17 $20,000.00 like it was given to him. That's not true 18 whatsoever. 19 Q When did Mr. Donmoyer start laying tile in 20 the marital dwelling? 21 A Three, four years ago. 22 Q And isn't it true that at the time he 23 started laying tile he had no experience in how to do that 24 at all? 25 A I wouldn't say that, sir, because he did 37 1 some work when he lived in Virginia. He did his own 2 bathroom, a beautiful job. He did his mother and dad's 3 place, their bathroom as well. And he does a very nice 4 job. 5 In fact, if I may, Your Honor, I have a 6 picture here that I could show you of the work that he has 7 done. I have it in my briefcase. May I 9et it, sir? 8 MR. SHADE: That really doesn't 9© -- 9 THE WITNESS: Well, I think it is important, 10 Your Honor -- 11 THE COURT: Move onto some other line. This 12 is bo99in9 down. He says he makes so much money. He can't 13 afford to pay your client alimony. Now, I assume that you 14 are 9oin9 to argue contrary-wise. It doesn't take me that 15 lon9 to 9et a handle on these issues. 16 MR. SHADE: Well, this is the evidence to 17 develop that, Your Honor. 18 BY MR. SHADE: 19 Q Isn't it true that you also paid Jon 20 Dunmoyer's student loans? 21 A Yes. That was our agreement. He had no 22 health insurance. This is what his payment was. He had no 23 health insurance, and I offered to do that because I wanted 24 him to have it, because, you know, I couldn't let the boy 25 9o with no health insurance. And I paid his automobile 38 1 insurance and -- 2 MR. SHADE: Excuse me, Your Honor, part of 3 the reason this drags on is because he rambles. I ask a 4 direct question and then he goes off -- 5 THE COURT: We will take a break. Cool 6 down, reasserable. We will take a break. 7 MR. SHADE: Thank you, Your Honor. 8 (Whereupon, a recess was taken.) 9 AFTER RECESS 10 THE COURT: I agree with Mr. Shade, that we 11 need to keep the answers a little more succinct than they 12 have been. And we must move this testimony along. Go 13 ahead. 14 MR. SHADE: with all due respect, Your 15 Honor, I will try to be brief. But I beg leave for just a 16 few more questions about Jon Donmoyer. 17 THE COURT: Sure. 18 BY MR. SHADE: 19 Q Isn't it true that Jon Donmoyer has a 20 bedroom at the marital dwelling? 21 A Jon stays in one of the guest rooms only 22 when he is working there. He does not live there. 23 Q Does he have his own apartment? 24 A He lives with his mother and dad. 25 Q Where is that? 39 1 A That's in Annville, Pennsylvania. It is 2 twenty-five miles from here. When he is doing work, he 3 stays overnight so he don't have to travel back and forth 4 to do that. 5 Q Mr. Btrafsig, I am handing you documents 6 marked for identification as Plaintiff's Exhibits 9 and 10. 7 And I would ask you first to take a look at No. 9, sir? 8 A Yes. 9 Q And ask you if that is an accurate copy of a 10 page of your checking account register covering the latter 11 half of 19987 12 A Yes. 13 Q Do you see where it makes reference to new 14 bankin9 arrangement, about the third or fourth line from 15 the bottom? 16 A I see that. 17 Q What does that mean? Can you read that for 18 us, please? 19 A It says new bankin9 arrangement, 20 Pennsylvania National to Financial Trust. The bank merged 21 and changed names. 22 Q Okay. That's all I want to know. And isn't 23 it true that the next line below that refers to wire 24 transferred to Jon Donmoyer of more than $2,000.00? 25 A That's correct. That was also in '98. And 40 i that's when I was going to go out to St. Louis. And I got 2 that money back, all but the full flight fare. 3 Q Isn't it true that in October of 2000 you 4 started writing checks on this same checking account for 5 cash? 6 A Well, because I need the money 7 occasionally -- 8 Q Excuse me, sir. Is the answer yes or no? 9 A Yes. 10 Q Okay. And isn't it also true that you never 11 wrote any checks for cash against that account between 12 January 1, 1996, and the check that you wrote for cash on 13 October 12, 2000? 14 MR. BRADERMAN: Before he answers, maybe he 15 should look at all the check registers that we forwarded to 16 you. 17 BY MR. SHADE: 18 Q Do you have any recollection -- 19 MR. BRADERMAN: To refresh his recollection. 20 BY MR. SHADE: 21 Q Do you have any recollection of having 22 written any checks for cash out of this checking account 23 between January 1, 1996 and October 12 of 2000? 24 A I can't answer that without looking at the 25 checkbooks, because I, you know, need cash occasionally. 41 1 Q Before you started writing checks for 2 cash -- or before you wrote checks for cash in October of 3 2000 against this checking account, how did you get cash 4 when you needed it? 5 A Well, when I would get my checks, I would 6 get them cashed. Like my social security, whatever, I 7 would take money from there and keep it as cash. But 8 everyone runs short, you know, when you are going to the 9 store, you are doing this and that. 10 Q You don't have credit cards, do you? 11 A I don't believe in credit cards, sir. 12 Q What is your mother's first name? 13 A Martha. 14 Q Is her last name Krafsig? 15 A Yes, sir. 16 Q How long has she lived with you? 17 A July was five years. 18 Q Isn't it true that she is a retired State 19 employee? 20 A That's correct. 21 Q And isn't it true that as a result of that 22 she receives a monthly pension check? 23 A She gets a small pension. She retired about 24 thirty years ago. 25 Q How much is her monthly pension check? 42 1 A I can't tell you that, sir. I don't know 2 just what it is totally. 3 Q Well, how many years service did she have 4 with the Commonwealth? 5 A I can't tell you that either. I don't 6 remember. I think she was about sixty-three years of age 7 when she retired if I remember. 8 Q And she worked there from the time she was 9 like right out of high school? 10 A Oh, no. She went to work to put my brother 11 through college. I don't remember when that was. 12 Q And are you saying you do not know how much 13 she receives in social security either? 14 A What I am saying is I am not sure what it 15 is. 16 Q Well, let me ask you this. Do you have a 17 power of attorney from your mother? 18 A Certainly. 19 Q You manage her affairs, don't you? 20 A She handles her own affairs. I want to tell 21 you, my mother might be ninety-two years old, but there is 22 nothing the matter with her brain. 23 Q Well, now, you testified here on direct 24 examination that you have no other assets than what you 25 testified to up until now. Isn't it true that you have 43 1 various certificates of deposit held in joint names with 2 yourself and your mother? 3 A That's only to protect the part of -- 4 Q Excuse me, sir. Isn't it true that you have 5 various certificates of deposit held in joint names with 6 yourself and your mother? 7 A Yes. It is in my mother's name though. It 8 is not in mine. 9 Q Oh, you are not a joint owner on the CD? 10 A Well, I am on it. You put your name on it, 11 but she is the one that pays the tax and everything on that 12 money. That's her money, not mine. 13 Q Does she receive interest checks from those 14 accounts? 15 A Yes. She has interest checks. 16 Q How much? 17 A I can't tell you that. I am not certain 18 just exactly what it is. 19 Q How long have you had a power of attorney 20 for your mother? 21 A I am guessing, but I would say about ten 22 years maybe. I am not even sure if it is that. It might 23 be just five. 24 Q Within the last five years isn't it true 25 that your mother's house was sold? 44 1 A Yes, sir. 2 Q And how much was realized from that sale? 3 A It was 160,000 some thousand, I don't know, 4 165,000 maybe. 5 Q And where did that money go? 6 MR. BRADERMAN: Your Honor, I am going to 7 object at this point. His mother's money is not relevant 8 to the issue at hand. 9 THE COURT: Well, it could or couldn't be. 10 If she was a millionaire and wasn't paying rent, I would 11 raise my eyebrows at that. 12 THE WITNESS: Well, she is not a 13 millionaire, sir. 14 THE COURT: Well, I don't know since you 15 haven't answered the question. 16 BY MR. SHADE: 17 Q Where did that money go? 18 A She put it in I think three certificates. 19 Q And those are the ones with your names on 20 them also? 21 A Yes. That money is there to take care of 22 her. My mother is as close to an invalid as you can see. 23 She can barely walk. She is bent in two with osteoporosis. 24 And the outlook for her future -- plus she is almost 25 at -- she is going to have to go in a nursing home. And 45 i that's what that money is in there for. And, you know, 2 that's what I am hoping it is going to be used for, to take 3 care of her if she needs it. 4 Q Isn't it true that you borrowed money from 5 your mother within the last five years? 6 A Borrowed money, maybe you could be more 7 specific when you are saying borrow. 8 Q Have you borrowed any money from your mother 9 within the last five years? 10 A I have but very minimal -- I mean, a very 11 small amount of money. 12 Q What do you call a very small amount? 13 A Oh, I can't tell you that. I just -- I 14 don't remember everything. 15 Q The bottom line is whenever you need any 16 money that your mother has, that's in joint names with 17 yourself and your mother, you have access to it, don't you? 18 A I wouldn't do that. My mother would have to 19 authorize that. I wouldn't even think of doing something 20 like that. I don't like you to even insinuate such a 21 thing. 22 Q But all you have to do is ask, isn't that 23 true? 24 A Like any mother, I would ask, but I have a 25 little more pride than that, sir. I didn't ask Mrs. 46 1 Krafsig's mother for anything when she was there. And she 2 knows that. 3 MR. SHADE: Nothing further. 4 REDIRECT EXAMINATION 5 BY MR. BRADERMAN: 6 Q Mr. Krafsig, have you taken any of your 7 money or your wife's money and invested it in a joint 8 account with your mother? 9 A No. 10 Q So these joint accounts are strictly your 11 mother's money? 12 A Her money, yes, right. And the only reason 13 she put my name on is because of the age and you know 14 what's happening at this stage in life. I never, until my 15 mother came with me, I never even asked my mother how much 16 money she had or anything. And I don't care how much money 17 she has. That's her money. 18 Q Mr. Krafsig, you were asked whether there 19 are any liens against the real estate and you answered no. 20 A I said I don't know that for sure. 21 Q There has been a lis pendens filed against 22 the house by your wife? 23 A Yes, sir. 24 MR. BRADERMAN: Your Honor, I move for 25 admission of Defendant's Exhibit i and 2. 47 1 MR. SHADE: No objection, Your Honor. 2 THE COURT: They are admitted. 3 MR. SHADE: I have no further questions of 4 this witness, Your Honor. 5 THE WITNESS: Your Honor, I would like you 6 to have that. That's a picture of the real estate put up 7 on the house. I just thought it might be of interest to 8 you to see what I am going to lose. 9 MR. SHADE: Have you rested? 10 MR. BRADEPJ~3tN: Yes. 11 MR. SHADE: Mrs. Krafsig. 12 Whereupon, PAULINE D. KRAFSIG, having 13 been duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MR. SHADE: 16 Q State your name, please? 17 A Pauline Krafsig. 18 Q Did you leave the marital dwelling on May 7, 19 20017 20 A I did. 21 Q Does your husband know where you are living 22 now? 23 A No. 24 Q Do you want to keep it that way for now? 25 A Yes. 48 1 Q Are you satisfied to have any communications 2 concerning this case addressed to my office? 3 A Yes. 4 Q You have in front of you a document marked 5 for identification as Plaintiff's Exhibit 1. And I will 6 ask you if that is an accurate copy of your income and 7 expense statement? 8 A Yes. 9 Q You do not receive your own social security, 10 do you? 11 A No, I don't. 12 Q Why is it that your husband receives social 13 security but you do not? 14 A When I started with the State they hadn't 15 adopted social security yet. And when they did, they had a 16 representative working at the Liquor Board, where we were 17 employed, counsel us and tell us that because my husband's 18 income was greater, it would be useless for me to have 19 social security deducted from my paycheck. So I never 20 elected to have it taken out. 21 Q And did your husband have any problem with 22 that? 23 A No. 24 Q Are some of the expenses shown on 25 Plaintiff's Exhibit i estimated? 49 1 A Yes. 2 Q For example, is your rent presently $700.00 3 a month? 4 A No. It is not. 5 Q The apartment that you were renting, did it 6 have air conditioning? 7 A No. 8 Q Does the nearly two million dollar marital 9 dwelling have air conditioning? 10 A Central air, yes. There is several air 11 conditioners, but it has central air. 12 Q Did your husband raise questions in the 13 Domestic Relations Office about the amount that you list 14 for dental expense in your income and expense statement? 15 A Yes. 16 Q Do you have ongoing dental problems? 17 A Yes, I do. 18 Q What is the nature, very briefly, the nature 19 of your problems? 20 A I need to have a root canal. And I need to 21 have both upper and lower partials completely replaced, 22 because I am unable to chew. My bite is off. 23 Q Have you had partial plates -- do you have 24 partial plates now? 25 A Yes, I do. But the lower one is broken, and 50 1 the other one was ill-fitted to begin with and has caused 2 more problems. 3 Q Have you previously had root canal surgery? 4 A Yes. 5 Q Did your husband always exert absolute 6 control over the household finances? 7 A Yes. 8 Q Did you ever have access to the checkbook? 9 A No. 10 Q Did you ever have access to the checkbook 11 register? 12 A No. 13 Q In response to the written discovery that we 14 issued upon your husband in the divorce case, did he 15 provide us with his checking account ledgers from January 16 1, 1996, through May of this year for checking account No. 17 3440003204 at M & T Bank? 18 A Yes. 19 Q You have in front of you a document marked 20 for identification as Plaintiff's Exhibit 2. I would ask 21 you if that's an accurate list of the checks that your 22 husband drew for your dental bills from 1996 through 20017 23 A Yes, it is. 24 Q Prior to the separation when you told your 25 husband that you needed more dental work, what, if 51 1 anything, did he say to you that you should do about your 2 continuing dental problems? 3 A He told me he thought I should have had all 4 my teeth pulled out. 5 Q Did you think he was joking when he said 6 that? 7 A No. I believe he meant it. 8 Q Do you have dental insurance? 9 A No. 10 Q Who is your dentist? 11 A Dr. Joseph M. Olivetti in Mechanicsburg. 12 Q Is he in Mechanicsburg, Pennsylvania? 13 A That's correct. 14 Q Have you obtained an estimate of the dental 15 work that you need at the present time? 16 A Yes, I have. 17 Q And is that Plaintiff's Exhibit 3? 18 A Yes, it is. 19 Q Going back to your estimated expenses on 20 your income and expense statement, do you have a car? 21 A No. 22 Q Are you forced to rely on others to get you 23 from one place to another? 24 A Yes. 25 Q Who brought you here today? 52 1 A My sister. 2 Q Would you like to have a car? 3 A Yes, I would. 4 Q You have in front of you a document marked 5 for identification Plaintiff's Exhibit 4. And ask you if 6 that's an accurate copy of the total amount of the checks 7 and wire transfers that your husband drew against the 8 checking account that we mentioned earlier in each of the 9 years from January 1, 1996, through sometime in May of 10 20017 11 A Yes. 12 Q Among the total of nearly $600,000.00 that 13 went through that account over that five year period, did 14 more than $20,000.00 go to Jon Donmoyer? 15 A Yes. 16 Q You have in front of you a document marked 17 for identification as Plaintiff's Exhibit 5. And ask you 18 if that is an accurate copy of the breakdown of the checks 19 and wire transfers that went to Jon Donmoyer? 20 A Yes, it is. 21 Q What is the relationship, if any, between 22 your husband and Jon Donmoyer? 23 A Jon is, I am sorry to say, his homosexual 24 lover. 25 Q Do you think that your husband has any 53 1 serious interest, any serious interest, in selling the 2 marital dwelling? 3 A No. 4 Q Have we told your husband in writing that we 5 would cooperate in any form of refinancing of the mortgages 6 against the marital dwelling to reduce the amount of the 7 monthly payments? 8 A Yes. 9 Q Other than what you heard here in Court 10 today, have we received any response to that proposal? 11 A No. 12 Q Did your husband indicate in his response to 13 our Interrogatory No. 13 in this divorce case that he has 14 paid nearly $2,500.00 on account of his attorney fees to 15 date? 16 A That's correct. 17 Q You have in front of you a document marked 18 Plaintiff's Exhibit 6. And ask you if that is an accurate 19 copy of your counsel fees for prior to today? 20 A That's correct. 21 Q Are you able to afford to pay my fees? 22 A No. 23 Q Are you simply requesting guideline alimony 24 pendente lite in this case in accordance with the numbers 25 that were developed in the Domestic Relations Office? 54 I A Yes. 2 Q Would you be willing to cooperate in the 3 refinancing of the house to lower the mortgage payments? 4 A Yes. 5 MR. SHADE: Cross-examine. 6 CROSS-EXAMINATION 7 BY MR. BRADERMAN: 8 Q Mrs. Krafsig, I think you testified you 9 didn't want Mr. Krafsig to know your whereabouts, is that 10 correct? 11 A Yes. 12 Q Do you consider him a danger to you? 13 A Not my husband. Who he is associating with. 14 Q With regard to your Exhibit No. 2, wife's 15 dental bills, you said that was an accurate reflection of 16 what has been paid to date? 17 A That's correct. 18 Q Did you compile that list? 19 A I had a folder where I kept track of my 20 statement -- well, it is like a little statement every time 21 I went to the dentist. So I know it is a fairly accurate 22 one. 23 Q So you used it from your own statements as 24 opposed to the check ledger that was submitted to Mr. 25 Shade? You used your own information to compile this. Is 55 1 that your testimony? 2 A No. My attorney was aware of this. 3 Q Well, who compiled the list of dental bills, 4 you or your lawyer? 5 A My attorney. 6 Q Okay. And with regard to the other list, 7 being the checking account totals and distributions to Jon 8 Donmoyer, did Mr. Shade or Mr. Shade's office prepare that? 9 A Yes. 10 Q So you don't know whether it is accurate or 11 not, do you? 12 A (No response.) 13 Q You don't have to answer. 14 Mrs. Krafsig, please refer to your Exhibit 15 No. 1, where you have your monthly electric charge at 16 $250.00 a month. Is that just an estimate? 17 A Yes. I had previously stated some of these 18 were estimated charges. 19 Q And oil at $200.00 a month. Is that home 20 heating oil or apartment heating oil? 21 A Actually it was a home. 22 Q Without telling us where you are living, are 23 you paying any rent presently? 24 A No. 25 Q So you don't have an electric charge, nor do 56 1 you have an oil charge? 2 A At this point I just relinquished my 3 apartment and have made a security deposit upon another. 4 Q And is it still your estimate that your heat 5 and electric expense combined is going to be about $450.00 6 a month? 7 A I would say so. 8 Q How many square feet in this apartment? 9 A I don't really know that. l0 Q And does your apartment include any 11 utilities, or do you have to pay utilities separately? 12 A My former one I had to pay them. 13 Q How about this apartment, do you have to pay 14 water at $50.00 a month for your new apartment? 15 A Yes. 16 Q And sewer at $25.00 a month? 17 A Yes. 18 Q That's going to be your cost monthly? 19 A Yes. 20 Q And you have listed home owner's insurance 21 at $60.00 a month. Have you checked into obtaining a 22 policy for home owner's insurance? 23 A That's an approximate amount. However, I 24 feel that that's a true figure. 25 Q And where did you get that figure? 57 i A From information obtained from others, 2 friends, family. 3 Q So tenant insurance in the apartment is 4 going to be about $720.00 a year? 5 A I would say so, yes. 6 Q Now, automobile payments at $500.00 a month, 7 have you looked at automobiles that you are interested in 8 purchasing? 9 A I haven't, no. 10 Q So that's strictly an estimate at $500.00 a 11 month? 12 A I would say it is an estimate. 13 Q Now, the dentist you have at $500.00 a 14 month. Are you saying it is going to run you $6,000.00 a 15 year for the dentist? 16 A I don't know how long this work will 17 continue. 18 Q Clothing at $350.00 a month. Historically 19 when you lived with Mr. Krafsig, is that what you spent on 20 clothing every month? 21 A I lived with him for over forty-four years. 22 It is a little hard to answer that. 23 Q Did you hear my question? You have clothing 24 listed at $350.00 a month. Is that what you historically 25 spent a month for clothing when you lived with Mr. Krafsig? 58 I A When I worked I had a very responsible job, 2 and I had to be presentable. 3 Q How about after retirement, from 1991 until 4 the time that you left, is that what you spent on clothing? 5 A No. Because I didn't work and I didn't go 6 anywhere. 7 Q You have $180.00 a month for your 8 beautician? 9 A Yes. 10 Q Is that what you are spending now? 11 A That's approximately. 12 Q How often do you go to the beauty shop? 13 A Every two weeks. 14 Q So it is $90.00 every two weeks 15 approximately it costs you? 16 A (No response.) 17 Q Is that what you spent during the time you 18 lived with Mr. Krafsig at the beauty shop? 19 A When I lived in the marital dwelling with my 20 husband the person who came out there to do the beautician 21 work was a friend of the family. And those rates that she 22 charged were way below what the actual going rate is for a 23 beautician to charge. 24 Q But it is costing you $90.00 every two weeks 25 presently? 59 1 A I have a scalp problem. I am losing my 2 hair. 3 Q Is that a problem you just recently 4 developed? 5 A It started about three years ago. 6 Q With regard to having your hair done, with 7 regard to buying clothes and these other expenses that you 8 have listed, did Mr. Krafsig ever prevent you from spending 9 any money on those items? 10 A He never tried to prevent me, but then I 11 never did, because I tried to do it myself. 12 Q Oh, so you didn't have these expenses while 13 you were living with Mr. Krafsig. I just want to 14 understand your testimony. 15 A The very last year the friend of the family 16 that came to do Don's mother's hair started to do mine. 17 Before that I took care of my own. 18 Q Mrs. Krafsig, is it not true that you could 19 come and go in the home and spend money as you deemed 20 appropriate? 21 A Not really. 22 Q Did you ever go to Atlantic City to the 23 casinos? 24 A That was not something that I really paid 25 for. My sister-in-law, when she was living, made that 60 1 possible. 2 Q You didn't go with Mr. Krafsig though? 3 A No. 4 Q Did you ever go to New York to see shows? 5 A With her. 6 Q Mr. Krafsig didn't go, did he? 7 A No. 8 Q And he didn't prevent from you going, did 9 he? 10 A No. 11 Q And did you go to Williamsburg, Virginia, 12 for example, take a trip there? 13 A Yes. That was another one with my 14 sister-in-law. 15 Q And you went to Philadelphia to see the 16 flower show. You did go to places, did you not? 17 A But over a course of forty-four years. 18 Q Sure. Was there ever a time you asked Mr. 19 Krafsig for money that he never gave it to you? 20 A If he -- 21 Q Can you answer yes or no? 22 A No. 23 Q With your present income of approximately 24 $1,400.00, you really don't need another $1,200.00 a month 25 to live on, do you, Mrs. Krafsig? 61 1 A If I wanted to live like I was living in my 2 apartment, which I wouldn't wish on a dog. 3 Q You wouldn't need it? 4 A (No response.) 5 Q What's your answer? 6 A I do. 7 Q You do need it? In your income and expense 8 statement -- strike that. Do you have any bank accounts 9 now, Mrs. Krafsig? 10 A I have the bank account with Allfirst Bank. 11 Q Do you have a checking account presently? 12 A Yes. 13 Q You have opened up your own checking 14 account? 15 A Yes. 16 Q And I see that when you filed your income 17 and expense statement on July 19th, 2001, your checking 18 account had $3,000.00 in it? 19 A That's correct. 20 Q What's in there now? 21 A Approximately five. 22 Q $5,000.00? 23 A A little over five, yes. 24 Q So you have been able to save some money 25 since July? 62 i A Well, not knowing where the next penny was 2 coming from, I thought I better. 3 Q If you had a choice, Mrs. Krafsig, as to 4 whether the home should be saved or taxes paid or your 5 receiving your $1,200.00, I assume you would want your 6 $1,200.00 a month? 7 A Yes. 8 Q You realize, of course, that that home is 9 the primary marital asset, you understand that? 10 A Yes. 11 Q And you also understand that upon its sale 12 or other disposition of that home, you are entitled to your 13 marital share of it? Do you understand that? 14 A Yes. 15 Q I assume you wouldn't want to see anything 16 happen that would risk that home being available for 17 distribution to you, would you? 18 A No. 19 Q Do you recollect an incident, Mrs. Krafsig, 20 where somebody broke into the home and accosted Mr. 21 Krafsig? 22 A Yes. 23 Q And he was beat up or something happened? 24 A Yes. 25 Q Were you injured at all? 63 1 A Emotionally. My blood pressure skyrocketed 2 and I was on... 3 Q Drugs? 4 A No drugs, but I had made ~ny visits to the 5 doctor for blood pressure medicine. 6 Q How long ago did that incident occur? 7 A It was 1986. 8 Q Do you think it is appropriate that somebody 9 be in the home to watch it, to take care of that asset? 10 A Yes. 11 MR. BRADERM3%N: No further questions. 12 MR. SHADE: Very briefly, Your Honor. 13 REDIRECT EXAMINATION 14 BY MR. SHADE: 15 Q When you were asked if you had ever asked 16 for money and your husband ever refused you, and you were 17 asked for a yes or a no answer, and you said no, did you 18 want to explain that answer? 19 A Repeat the question, please. 20 Q Well, when Mr. Braderman asked you was there 21 ever anytime when you wanted money and your husband denied 22 you, if I understand it correctly, and he indicated he 23 wanted a yes or a no answer, and you said no, did you want 24 to expound on that answer? 25 A He never denied me money. It wasn't that. 64 1 But I turned over everything that I had. 2 Q Did you see any point in going out and 3 shopping for a car until you would know what the outcome of 4 this appeal was going to be here today? 5 A That's exactly -- I mean, that's why -- I 6 mean, how could I do something like that? 7 Q And once again, while you accumulated this 8 couple thousand dollars over the last couple months, that's 9 while you were living in an un-air conditioned apartment 10 with no car? 11 A Yes. 12 Q You indicated that you considered the person 13 with whom your husband is associating as a danger to you. 14 Who is that person? 15 A His name is Jon Donmoyer. 16 Q That's the same Jon Donmoyer we have 17 testified about here earlier today? 18 A Yes. 19 Q Has he actually directly threatened you? 20 A A week prior to my leaving the premises I 21 was in the kitchen doing the dishes. And I had a large 22 butcher knife laying across the dish rack. And he took it 23 and came up behind me and he said -- and he went like this 24 with the knife in front of me, and he said you didn't know 25 I could be dangerous did you. And he was not laughing. He 65 I was serious. 2 Q And by this time you had found the notes 3 that indicated the homosexual relationship between your 4 husband and this person? 5 A That's correct. 6 Q Written in your husband's own hand? 7 A That's right. 8 Q And Mr. Donmoyer knew that? 9 A Certainly he knew it. 10 MR. SHADE: Recross. 11 RECROSS EXAMINATION 12 BY MR. BRADERMAN: 13 Q Mrs. Krafsig, you heard your husband testify 14 that Mr. Donmoyer has worked in the home for approximately 15 three or four years? 16 A I was in the house, yes. 17 Q Okay. And is it true that he did a lot of 18 tile work? 19 A He did a lot of tile work, but he was not an 20 experienced person to do tile work. He learned. He was 21 learning. 22 Q As a matter of fact, didn't one of your 23 bathrooms win a national award? 24 A Not the one that he did. Another tile man 25 had done that. 66 1 Q But did he do decent work? 2 A He did some after breaking quite a few 3 pieces of very expensive imported Italian tile. 4 Q And who told you that? 5 A I was there. I could see what he did. 6 Q In the four years that he worked in the home 7 did he ever threaten you other than that last incident that 8 you considered to be a threat? 9 A I was always very uneasy around him. 10 Q Did you tell your husband you were uneasy? ll A No. Because I thought maybe I was imagining 12 it at first, but -- 13 Q You never told your husband you were uneasy 14 around him, did you? Did you ever tell your husband to get 15 rid of Jon Donmoyer? 16 A When he came back from his trip that he 17 took, I told him what I found in his jacket. In fact, I 18 gave them to him to look at. And he said to me, I hope you 19 haven't shown this to anyone because you could ruin me. 20 Q You are under oath. Did Mr. Krafsig say 21 that? 22 A Yes. 23 Q Wasn't there another individual that stayed 24 over in your home, a friend of Mr. Dunmoyer's? 25 A Yes. 67 1 Q And didn't you and your husband conspire to 2 find out what that other individual's sexual preference 3 was? Do you remember having that conversation? 4 A No. There was no conspiracy there. What 5 happened was there was some talk about the boy that Jon 6 brought there. It was John's friend. 7 Q Okay. 8 A Being gay. 9 Q Okay. 10 A And all the other workmen downstairs seemed 11 to know that he was. And he wasn't liked very well. 12 Q But he was only there temporarily, is that 13 correct? 14 A He was there temporarily but long enough to 15 cause trouble. 16 Q When you say that Mr. Donmoyer is gay or is 17 a homosexual, was there any evidence of that? Did you ever 18 see your husband and Mr. Donmoyer in a compromising 19 position? 20 A What happened -- 21 Q Can you answer yes or no? 22 A The notes speak for themselves. 23 Q No. I didn't ask you about the notes. I 24 asked you if you ever saw your husband and Mr. Donmoyer in 25 a compromising position? 68 1 A No. 2 MR. BRADERMAN: I have no further questions, 3 Your Honor. 4 MR. SHADE: I know Your Honor really doesn't 5 want to hear about this sexual business in the context of 6 this, but lest I should be foreclosed saying I did not 7 produce evidence that I have in my file right here as we 8 speak that has been referenced here today, I can offer 9 these handwritten notes in Mr. Krafsig's hand that 10 graphically detail his homosexual relationship with Jon 11 Donmoyer. I am prepared to offer them if I am going to 12 suffer an adverse inference if I don't. If I am not, then 13 I will let sleeping dogs lie at this point. 14 THE COURT: I can't see any adverse interest 15 that you are going to suffer in connection with the alimony 16 matter. 17 MR. SHADE: Fine. I am satisfied with that. 18 Very briefly, Your Honor. 19 REDIRECT EXAMINATION 20 BY MR. SHADE: 21 Q Is this house large enough that your husband 22 and Mr. Donmoyer were able to be in a complete different 23 wing of the house completely separately away from you? 24 A Yes. 25 Q And was that the pattern of -- 69 1 A Yes. 2 MR. SHADE: Thank you. Nothing further. 3 THE COURT: Anything else? 4 MR. BRADERMAN: No, Your Honor. 5 THE COURT: Thank you. 6 MR. SHADE: Your Honor, we would move for 7 admission of our Exhibits 1 through 6 inclusive I believe 8 it would be, Your Honor. 9 THE COURT: Unless there is objection, we 10 will -- 11 MR. BRADERMAN: Your Honor, I have no 12 objection, except I don't accept the accuracy of the 13 compilations, but I have no objection to their admission. 14 THE COURT: Very well. 15 MR. SHADE: I would note, Your Honor, that 16 counsel has provided me with a copy of a written memorandum 17 that he has here. I think I could satisfy myself in 18 addressing this orally. 19 THE COURT: Okay. 20 MR. SHADE: If Your Honor wants to hear what 21 I have to say. 22 THE COURT: That's fine. 23 24 25 70 1 (Whereupon, Mr. Shade closed 2 on behalf of the plaintiff.) 3 (Whereupon, Mr. Braderman closed 4 on behalf of the defendant. ) 5 (End of proceedings) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date K Nin~l~udicial District 72