HomeMy WebLinkAbout02-0811
MICHAEL J. FREESE
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO,2002- ?/f OI~U'll ~~
KRISTEN S. FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Courthouse,
Carlisle, Pennsylvania,
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, P A 17013
(717) 249-3166
MICHAEL J. FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 2002- [>1 (
C;I..>~l y~
KRISTEN S. FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes MICHAEL J. FREESE, by and through his counsel, Killian &
Gephart, LLP, who represents as follows:
1. Plaintiff, MICHAEL J. FREESE, is an adult individual, who currently
resides at 135 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013.
His date of birth is May 21, 1971; and his Social Security Number is 197-66-7272.
2. Defendant, KRISTEN S. FREESE, is an adult individual who currently
resides at 135 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013.
Her date of birth is August 15, 1973; and her Social Security Number is 363-72-9021.
3. Plaintiff avers that he has been a bonafide resident in the Commonwealth of
Pennsylvania for a period of at least six (6) months previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on April 4, 1998, in Carlisle,
Pennsylvania.
5, Plaintiff avers that there are no children of the parties under the age of 18,
6, Neither Plaintiff nor Defendant is in the military or naval service of the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief
Act of the Congress of 1940 and its amendments.
7, There have been no other prior actions of divorce or annulment filed by
either of the parties hereto,
8. Plaintiff has been advised of the availability of counseling and that Plaintiff
has the right to request that the Court require the parties to participate in counseling.
9. The marriage is irretrievably broken.
WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce,
divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff
and Defendant.
Respectfully submitted,
KILLIAN & GEPHART
Dated: February r-, , 2002
Attorneys for Plaintiff
VERIFICATION
I hereby verify that the statements of fact made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S.A. ~4904, relating to
unsworn falsification to authorities.
Dated: 02/12/02
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THE LAW FIRM OF
KILLIAN & GEPHART
218 PINE STREET
CERT(t-Ic.U C.OPY
P. O. BOX B86
HARRISBURG, PENNSYLVANIA 17108-0886
MICHAEL J. FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002-811
KRISTEN S. FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on February 14,2002.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities,
Dated: OS/23/02
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THE LAW FIRM OF
KILLIAN & GEPHART
GI:..t-< IIFIED COpy
218 PINE STREET
P. O. BOX 886
HARRISeURG, PENNSYLVANIA 17t08-0886
MICHAEL J. FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002-811
KRISTEN S. FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce
is granted,
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after
it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
Dated: May 23, 2002
~~
Michael J. reese
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THE LAW FIRM OF
CERTIFIED COpy
ILLlAN & GEPHART
218 PINE ST'REET
P. O. BOX 886
"URG. PE:NN~VLVANIA 1710B.OB6Q
MICHAEL J, FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002-811
KRISTEN S. FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330 1 (c) of the Divorce Code was
filed on February 14,2002.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
Dated: 05/31/02
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Kristen S. Freese
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HARRISBURG. PENNSYLVANIA 17108-0886
CERl'Irl~ii copy
MICHAEL J. FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
NO. 2002-811
KRISTEN S, FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce
is granted.
3. I understand that I wi11 not be divorced until a divorce decree is entered by
the CoUrt and that a copy of the decree will be sent to me immediately after
it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
Dated: 05/31/02
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Kristen S. Freese
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MICHAEL J. FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 2002-811
KRISTEN S. FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
I. Grounds for divorce: Irretrievable breakdown under Section 3301(c) of the
Divorce Code,
2. Date of service of the Complaint: February 22, 2002, as evidenced by the
Affidavit of Acceptance of Service, which is being filed contemporaneously
herewith.
3. Date of execution of the Affidavit of Consent required by section 330 I (c) of
the Divorce Code: by Michael J. Freese, Plaintiff, on May 23, 2002; by
Kristen S. Freese, Defendant, on May 31, 2002, which are being filed
contemporaneously herewith.
4. Related claims pending: The attached Property Settlement Agreement is
incorporated but not merged to the Decree in Divorce,
5. Date of execution of Waiver of Notice ofIntention to Request Entry ofa
Divorce Decree: by Plaintiff on May 23, 2002; by Defendant on May 31,
2002. Said Waivers are being filed contemporaneously herewith.
Respectfully submitted,
Dated: May 31, 2002
1 Helvy, Esquire
an & Gephart,
8 Pine Street
P. O. Box 886
Harrisburg, P A 17108
(717) 232-1851
Attorney I. D. #53148
Attorneys for Plaintiff
2
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
PRAECIPE TO TRANSMIT RECORD and related documents upon the following by
depositing a copy of same in the United States mail, postage prepaid, addressed as
follows:
Ms. Kristen S. Freese
c/o Stoner Associates, Inc.
1170 Harrisburg Pike
Carlisle, P A 17013
Dated: May 31, 2002
-\>~~ \~
Peggy Hile, Secretary to
1. PAULHELVY, ESQ,
Killian & Gephart
218 Pine Street
P. O. Box 886
Harrisburg, P A 17108-0886
(717) 232-1851
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MICHAEL J. FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002-811
KRISTEN S. FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PROPERTY SETTLEMENT AGREEMENT
. \ I _t\\
THIS AGREEMENT made thIS ..1YL day of
M o..",{
, 2002, by and between
MICHAEL J. FREESE, of 135 North Bedford Street, Carlisle, Cumberland County,
Pennsylvania 17013 (hereinafter referred to as "Husband"), and KRISTEN S. FREESE,
of 55 Middle Street, Foxton, Leceister, LE16, 7RE, United Kingdom, (hereinafter referred
to as "Wife"),
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on April 4, 1998; and
WHEREAS, no children have been conceived of this marriage; and
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they have been separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights, and
obligations; and
DATE: 04/17102
NOW THEREFORE, the parties intending to be legally bound hereby covenant
and agree:
1. SEPARATION: It shall be lawful for each party at all times hereafter to
live separate and apart from the other party at such place as he or she may from time to
time choose or deem fit. The foregoing provisions shall not be taken as an admission on
the part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart.
2, INTERFERENCE: Each party shall be free from interference, authority,
and contact by the other, as fully as ifhe or she were single and unmarried except as may
be necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
3, WIFE'S DEBTS: Wife represents and warrants to Husband that since the
separation she has not and in the future she will not contract or incur any debt or liability
for which Husband or his estate might be responsible and shall indemnify and save
harmless Husband from any and all claims or demands incurred by her.
4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that
since the separation he has not and in the future he will not contract or incur any debt or
DATE: 04/17/02
2
liability for which Wife or her estate might be responsible and shall indemnify and save
hannless Wife from any and all claims or demands made against her by reason of debts or
obligations incurred by him.
5. OUTSTANDING JOINT DEBTS: All other debts, contracts,
obligations or liabilities incurred at any time in the past by either of the parties will be
paid promptly by said party, unless and except as otherwise specifically set forth in this
Agreement; and each of the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save hannless and keep the other or his or her
estate indemnified and saved hannless from all debts or liabilities incurred by him or her,
as the case may be, and from all actions, claims and demands whatsoever with respect
thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining
to such actions, claims and demands. Neither party shall, after the date of this
Agreement, contract or incur any debt or liability for which the other or his or her
property might be responsible, and shall indemnify and save hannless the other from any
and all claims or demands made against her or him by reason of debts or obligations
incurred by her or him and from all costs, legal costs and counsel fees unless provided to
the contrary herein.
6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each
party has released and discharged, and by this Agreement does for himself or herself and
3
DATE: 04/17/02
his or her heirs, legal representatives, executors, administrators and assigns, release and
discharge the other of and from all causes, of action, claims, rights, or demands,
whatsoever in law or equity, which either of the parties ever had or now has against the
other, except any or all causes of action for termination of the marriage by divorce or
annulment and except for all causes of action for breach of any provisions of this
Agreement. Husband and Wife specifically release and waive any and all rights he or she
might have to raise claims under the Divorce Code of 1980 and any amendments thereto
including, but not limited to claims for equitable distribution of marital property, support,
alimony, alimony pendente lite, counsel fees or expenses. The parties agree that the
moving party in any divorce action which has been or which will be commenced shall
request the Court to incorporate, but not merge, this Agreement into any divorce decree.
If this Agreement is incorporated into a divorce decree, the parties shall have the right to
enforce this Agreement under the Divorce Code of 1980 and any amendments thereto in
addition to any remedies in law or equity and these enforcement rights are not waived or
released by any of the provisions of this Agreement. The fact that a party brings an action
to enforce the property agreement as incorporated in the divorce decree does not give
either party the right to raise other claims under the Divorce Code specifically waived and
released by this paragraph, and all rights and obligations of the parties arising out of the
marriage shall be determined by this Agreement.
DATE: 04/17/02
4
7. DMSION OF PERSONAL PROPERTY: The parties have divided
between them, to their mutual satisfaction, the personal effects, household furniture and
furnishings, and all other articles of personal property which have theretofore been used
by them in common, and neither party will make any claim to any such items which are
now in the possession or under the control of the other. Should it become necessary, the
parties each agree to sign any titles or documents necessary to give effect to this
paragraph upon request.
8. DMSION OF REAL PROPERTY: Wife agrees to transfer all of her
right, title and interest in and to the real estate situated at 135 North Bedford Street,
Carlisle, Cumberland County, Pennsylvania, now titled in Wife's name alone, to
Husband. Wife agrees that she shall execute any and all deeds, documents, or papers
necessary to effect such transfer of title at such time as Husband takes the necessary steps
to refinance the existing mortgage on said property which is in Wife's name alone in
order to remove Wife's name from said encumbrance. Husband agrees to be fully
responsible and to indemnify and hold Wife harmless from any and all liability for the
mortgage on the aforesaid property.
9. PAYMENTS TO HUSBAND BY WIFE: Wife agrees to make the
payments on the mortgage on the 135 North Bedford Street property through February
2003 in the amount of approximately $500 per month. In the event that the 135 North
5
DATE: 04/17/02
Bedford Street property is sold, Wife agrees that she will continue to make payments in
the amount of $500 per month to Husband with the last payment being made in February
2003,
10. DISTRIBUTION OF FINANCIAL ASSETS:
A. The parties acknowledge that Husband is the owner of a PSERS
pension as a result of his employment within the Pennsylvania public school system. A
statement regarding said pension is attached hereto and marked as Exhibit "A." Wife
agrees to transfer all of her right, title and interest whatever it may be to said pension.
B. Husband is the owner of a Janus IRA with a value as of September
30,2001,of$3,634.73. A statement showing the value of this IRA as of September 30,
2001, is attached hereto and marked as Exhibit "B." Wife agrees to transfer all of her
right, title and interest whatever it may be to said IRA.
C. Wife is the owner of a 401 (k) administered by Fidelity as a result of
her employment with Stoner Associates, Inc. The parties acknowledge that this 401(k)
had a value as of the date of the marriage of $17,971 and a value as of February 22, 2002,
of$65,534. The parties agree that Wife shall transfer $23,781 from said 401(k) into an
IRA in Husband's name alone within sixty (60) days of the signing of this Agreement.
Husband agrees to waive any and all of his right, title and interest to the remainder of said
401(k) and transfer any interest which he has in said 40 1 (k) to Wife.
6
DATE: 04/17102
D, Wife is entitled to receive bonus payments in the amount of$10,500
as a result of her employment with Stoner Associates, Inc" during the course of the
marriage. Husband agrees to transfer any and all right, title and interest whatever it may
be to said bonus payments and to waive any claim to said bonus payments in the future.
11. AUTOMOBILES: Wife agrees to transfer all of her right, title and interest
whatever it may be to a 1999 Passatt and 1988 Chevy Silverado to Husband. Husband
shall be responsible for any and all debt associated with said vehicles,
12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein
otherwise provided, each party may dispose of his or her property in any way, and each
party hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire, under the present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital relationship, including without
limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in
intestacy, right to take against the Will of the other, and right to act as administrator or
executor of the other's estate, and each will, at the request of the other, execute,
acknowledge, and deliver any and all instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment of all such interests, rights and
claims.
7
DATE: 04/17/02
her decision to not employ counsel was voluntary and understands that Husband's counsel
has solely represented Husband. Wife acknowledges that counsel for Husband has, in no
way, advised or undertaken to represent her in this matter. Finally,Wife agrees that her
decision to not employ counsel will not be used as a defense to the enforcement of this
agreement and agrees that she is entering this agreement being fully aware of her rights
under the laws of Pennsylvania and the Pennsylvania Divorce Code.
Each party acknowledges that he or she fully understands the facts and his or her
legal rights and obligations, and each party acknowledges and accepts that this
Agreement is, under the circumstances, fair and equitable, and that it is being entered into
freely and voluntarily, and that execution of this Agreement is not the result of any duress
or undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
Each party hereto acknowledges that he or she understands the impact of the
Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all
marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or possessed individually by the
other, counsel fees and costs of litigation and, fully knowing the same, each party hereto
still desires to execute this Agreement acknowledging that the tenus and conditions set
forth herein are fair, just, and equitable to each of the parties and waives their respective
DATE: 04/17/02
9
right to have the Court of Common Pleas of Cumberland County or any other Court of
competent jurisdiction to make any determination or order affecting the respective parties'
right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital
property, counsel fees and costs oflitigation.
17, ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties, and there are no representations, warranties, covenants, or
undertakings other than those expressly set forth herein,
18, MODIFICATION AND WAIVER: Amodificationorwaiverofanyof
the provisions of this Agreement shall be effective only ifmade in writing and executed
with the same formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
19. APPLICABLE LAW: This Agreement shall be construed under the laws
of the Commonwealth of Pennsylvania.
20, PRIOR AGREEMENTS: It is understood and agreed that any and all
property settlement agreements which mayor have been executed prior to the date and
time of this Agreement are null and void and of no effect.
21. VOID CLAUSES: If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
DATE: 04/17/02
10
only that term, condition, clause or provision shall be stricken from this Agreement and in
all other respects this Agreement shall be valid and continue in full force, effect and
operation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above-written.
WITNESS:
~~ ~~~-1J!f:!i.~d
MICHAE . FREESE
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KRISTEN S. FREESE
DATE: 04/17/02
11
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ()j 1Y\.6u-/4A1::/
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) SS.:
)
On this the ~ day of APni I
, 2002, before me, the undersigned
officer, personally appeared MICHAEL J. FREESE, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purpose therein contained.
My Commission Expire
r-.OTARIAL SEAL
DAWN M, SHUGHART, Notary Public
Carlisle, Cumberland County
..!:!J Commission Expires Nov. 28, 2002
IN WITNESS WHEREOF, I have hereunto
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COMMONWEALTH OF PENNSYLVANGreaJ Britain and Not'ft..,.".... nd - }
Londp.sslntland 55
COUNTY OF EmbCJISY of the Unltect ..... of Amerfca
On this the ~,U\ day of
,..
, 2002, before me, the undersigned
officer, personally appeared KRISTEN S. FREESE, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my ~ ~
BONfTA G. HARRIS
My Commission Expires: VICE~ONSUl' ~~,
~QI~~M lKDEf\MlTE ~~~TD~N~::r~~~~ AMERICA
..... lhc....' _1s1 ." flf ,ege'
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COMMONWEALTH OF PENNSYLVANIA
PUBLIC SCHOOL E~PLOY~S' RETIREMENT SYSTEM
Mailing Address
PO BOl( 125
Harrisburg PA 17108-0125
Toll-Free 1-888-773-7748
(1-888-PSERS4U)
Local- 717-787-8540
Building Localion
5 North 5th Street
Harrisburg, PA
NOVEMBER 10, 1999
MICHAEL J FREESE
12 HINDON SQ
VICARAGE RD EDGBASTN
BIRMNGHAM UK 3153H 99999
SS /II: 197-66-7272
Date Of Bi~th: MAY21,1971
s." , MALE
COnt~ Ibut iOn Rllte D-6.25
Vottng Statua, Certified
P~ineipal B.n.flcla~Y(iasl
FREESE,KJUSTEN S
2.H
CONTRIBUTIONS INTeREST TOTAL
5,554.48 302.86 5,857.34
YEARS OF
SERVICE
Batanea as o. ~une 30, 1998
t998-1999 CREorTS ~I I I 23<.29j
Nor-mal 234.29
PU~c"'aso of Service
Adjus'tmen'ts
Balance as Of ~una 30.1999/ 2.74 II 5,554.48 I 537.151 6,091.631
Please ver~"f the above information. If you are employed by more than one reporting unit (employer). you may receive more
than one " tatement of Account". The last statement y:ou receive will show the totallOformation reported by all employers.
Notify PS S of any errors by writing to the above adi::lre.s.s.
PSERS DID NOT CALCULATE A BENEFIT ESTIMATE.
TYPE OF BENEFIT
NOnthly Benefit und8~ Naxlmum Option
Nonthly Beneflt unde~ Option 1
Death Benefit unda~ Option 1 (p,.eeent Value)
If you elect Pa~tlal Lump Sum and Wlt"'d~aw an amount not
to e"ceea you~ eont~lbut1on. and IntQ~e5t:
Nonthly Benefit unde~ NaXlmum Opt10n
Monthly Benef1t unde~ Option i
Oeath Beneftt und..~ Option 1 (P~esant Value)
As of June 3D, 1999 th~ total amount payable to your designated beneficiary(ies) in the e'Y~nt of your death is S 6,091.63.
You~ ~SERS ~.glonal office i.
SOUTHCENTRAL
3 CROSSGATE ORIVE
SUITE 101
MECHANJCSBURG PA 17055-2458
PHONE 717-795-9270
You~ .mploy.~ IS
SOUTH MrDOLE
(3330)
PLEASE READ REVERSE SIDE FOR IMPORTANT INFORMATION
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IN
THE COURT OF COMMON PLEAS
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CUMBERLAND
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__MICHAEL., J,. _.F.REESE..", _"""" _, __"
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Plaintiff
..---------...-----.-------
Versus
KR~STEN. S,..F:REE:~E:.
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DECREE IN
AND NOW, . J.UN~.. .;'.~~~ ~J-:~:i~~~n~
decreed that. .. .. .. ~;r.CM.E:L. ,1'" .FRE.E.S.E... . . . .... ... . . . ... .. . . .., plaintiff,
and. . . . . .. . . . . . . .. ..~~~~1'~~ .~~ .~~~~~~.. . .. . . . . . . . . . . .. . . . . . ., defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
The attached Property Settlement Agreement is incorporated but not merged
.......................................................................... ,
to the Decree in Divorce.
-....................................................... .
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!:E:B 2 ~:
MICHAEL J. FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 2002-811
KRISTEN S. FREESE
Defendant
CML ACTION - LAW
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, KRISTEN S. FREESE, Defendant herein, do hereby swear and affirm that I
accepted service of a true and correct copy of the Complaint in Divorce on :l :;t V\ol c-h
1-d~ML~ j
,2002,
kM~ A~
Kristen S. Freese
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MICHAEL J. FREESE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002-811
KRISTEN S. FREESE
Defendant
CIVIL ACTION - LAW
IN DIVORCE
,2003, upon Joint Motion of
the Parties, Plaintiff Michael J, Freese, by his attorney, J. Paul Helvy, Esquire, and
Defendant, Kristen S. Freese, IT IS ORDERED, ADJUDGED AND DECREED as
follows:
1. Effect of this Order as a Qualified Domestic Relations Order: This
Order creates and recognizes the existence of an Alternate Payee's right to receive a
portion of the Participant's benefits under an arrangement pursuant to Section 401 (a) of
the Internal Revenue Code (the "Code"). It is intended to constitute a Qualified
Domestic Relations Order ("QDRO") under Section 4l4(P) of the Code.
2. Participant Information: The name, last known address, birth date, and
Social Security number of the plan "Participant" are as follows:
Name:
Kristen S. Freese ("Participant")
Address:
55 Middle Street
F oxton
Leceister LE 16 7RE
UNITED KINGDOM
DOB:
August 15, 1973
SS#:
363- 72-9021
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3. Alternate Payee Information: The name, last known address, birth date,
and Social Security number of the "Alternate Payee" are as follows:
Name:
Michael], Freese
Address:
135 North Bedford Street
Carlisle, P A 17013
DOB:
May 21, 1971
SS #:
197-66- 72 72
The Alternate Payee is the former spouse of the Participant and shall have the duty
to notify the Plan Administrator or the payor hereunder, if there is no Plan Administrator,
in writing of any changes in his or her mailing address subsequent to the entry of this
Order.
4, Plan Name: The name of the Section 40 1 (a) arrangement to which this
Order applies is the Lattice Group 401 (k) Savings Plan, (hereinafter referred to as
"Plan"), as a result of the Participants' employment with Advantica Stoner, The
Participant's Plan account number is 363-72-9021. Further, any successor plan or
arrangement to the Plan or any other plan( s) which assume liability for provision of the
Participant's benefits described below shall also be subject to the terms of this Order,
Also, any benefits accrued by the Participant under a predecessor plan of the employer or
any other plan sponsored by the Participant's employer, whereby liability for benefits
accrued under such predecessor plan or other plan has been transferred to the Plan, shall
also be subject to the terms of this Order.
- 2 -
Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not
affect the Alternate Payee's rights as stipulated under this Order.
5. Pursuant to State Domestic Relations Law: This Order is entered
pursuant to the authority granted in the applicable domestic relations law of the State of
Pennsylvania.
6. For Provision of Marital Property Rights: This Order relates to the
provision of marital property rights.
7, Amount of Alternate Payee's Benefit: The amount of benefits assigned to
the Alternate Payee is $23,781. The Alternate Payee shall receive a lump-sum payment
of $23,781 from the Plan of the benefits assigned to the Alternate Payee under this Order
commencing as soon as practicable after this Order has been determined to be a Qualified
Domestic Relations Order, The Alternate Payee shall not be treated as the Participant's
spouse under the Plan.
8. Commencement Date and Form of Payment to Alternate Payee: If the
Alternate Payee so elects, he shall be paid his benefits as soon as administratively
feasible following the date this Order is approved as a QDRO by the Plan Administrator
(or payor hereunder, if there is no Plan Administrator), or at the earliest date permitted
under the Plan or Section 414(P) of the Internal Revenue Code, If later, benefits will be
payable to the Alternate Payee in any form or permissible option otherwise available to
- 3 -
participants and alternate payees under the terms of the Plan, including, but not limited
to, a single lump-sum cash payment.
9, Alternative Payee's Rights and Privileges: On and after the date this
Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate
Payee receives his or her total distribution under the Plan, the Alternate Payee shall be
entitled to all of the rights and election privileges afforded to Plan participants;
including, but not limited to, the rules regarding the right to direct Plan investments, only
to the extent permitted under the provisions of the Plan.
10. Death of Alternate Payee: In the event of the Alternate Payee's death
prior to receiving the full amount of benefits called for under this Order and under the
benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary(ies), as
designated on the appropriate form, shall receive the remainder of any unpaid benefits
under the terms of this Order.
11. Death of Participant: In the event the Participant dies prior to the
establishment of one or more separate accounts in the name of the Alternate Payee, such
Alternate Payee shall be treated as the surviving spouse of the Participant for any death
benefits payable under the Plan to the extent of the full amount of his or her benefits as
called for under Paragraph 7 of this Order. Should the Participant predecease the
Alternate Payee after the new account(s) have been established on his behalf, such
- 4-
Participant's death shall no way affect the Alternate Payee's right to the portion of his
benefits as stipulated herein,
12. Savings Clause: This Order is not intended, and shall not be construed in
such a manner as, to require the Plan:
a. to provide any type or form of benefit option not otherwise provided under the
terms of this Plan;
b. to require the Plan to provide increased benefits determined on the basis of
actuarial value; or
c. to require the payment of any benefits to the Alternate Payee which are required to
be paid to another alternate payee under another order which was previously
deemed to be a QDRO,
13, Certification of Necessary Information: All payments made pursuant
this Order shall be conditioned on the certification by the Alternate Payee and the
Participant to the Plan Administrator (or the payor hereunder, if there is no Plan
Administrator) of such information as may reasonably be required from such parties to
make the necessary calculation of the benefit amounts contained herein.
14. Continued Qualified Status of Order: It is the intention of the parties
that this QDRO continue to qualify as a QDRO under Section 414(P) of the Internal
Revenue Code, as it may be amended from time to time, and that the Plan Administrator
(or the payor hereunder, if there is no Plan Administrator) shall reserve the right to
- 5 -
reconfirm the qualified status of the Order at the time benefits become payable
hereunder,
15. Tax Treatment of Distribution Made Under This Order: For purposes
of Sections 402(a)(l) and 72 of the Internal Revenue Code, any Alternate Payee who is
the spouse or former spouse of the Participant shall be treated as the distributee of any
distribution or payment made to the Alternate Payee under the terms of this Order, and as
such, will be required to pay the appropriate federal income taxes on such distribution.
16. Constructive Receipt: In the event that the payor hereunder inadvertently
pays to the Participant any benefits which are assigned to the Alternate Payee pursuant to
the terms of this Order, the Participant shall immediately reimburse the Alternate Payee
to the extent that he/she has received such benefit payments, and shall forthwith pay such
amounts so received directly to the Alternate Payee within ten (10) days of receipt.
17. Continued Jurisdiction: The Court shall retain jurisdiction with respect
to this Order to the extent required to maintain its qualified status and the original intent
of the parties as stipulated herein, The Court shall also retain jurisdiction to enter such
further orders as are necessary to enforce the assignment of benefits to the Alternate
Payee as set forth herein, including the re-characterization thereof as a division of
benefits under another plan, as applicable, or to make an award of alimony if applicable,
in the event that Participant fails to comply with the provisions contained above requiring
said payments to the Alternate Payee.
- 6-
18. Plan Termination: In the event of a Plan termination, the Alternate Payee
shall be entitled to receive his or her portion of Participant's benefits as stipulated herein
in accordance with the Plan's termination for participants and beneficiaries.
19. Actions by Participant: The Participant shall not take any actions,
affirmative or otherwise, that circumvent the terms and provisions of this Qualified
Domestic Relations Order, or that diminish or extinguish the rights and entitlements of
the Alternate Payee as set forth herein.
Should the Participant take any action or fail to take any action to the detriment of
the Alternate Payee, he or she shall be required to make sufficient payments directly to
the Alternate Payee to the extent necessary to neutralize the effects of his or her actions
or inaction and to the extent of the Alternate Payee's full entitlements hereunder.
CONSENTED TO BY:
m.LJ#~
MICHAEL . FREESE
K/lMi:i...--. A~
KRISTEN S. FREESE
BY THE COURT:
J.
- 7 -