HomeMy WebLinkAbout05-6066
TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 05- (/Xlv, CIVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LA W
: 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 the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA WYER'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 LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05- ~ <J Go (J2IVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DIVORCE COMPLAINT UNDER 23 Pa.C.S. ~!'\3301(c)
AND 3301(d) OF THE DIVORCE CODE
Plaintiff, Tina M. Kauffman, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in divorce:
1. Plaintiff is Tina M. Kauffman, who currently resides at 161 N. College Street,
Apartment 3, Carlisle, Cumberland County, Pennsylvania 17013 since November 15, 2005.
2. Defendant is Michael J. Kauffman, whose last known address is 210 North West
Street, Carlisle, Cumberland County, Pennsylvania 17013 since June 2005. Defendant is
presently incarcerated at Cumberland County Prison and has been since November 2,2005.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six
months immediately previous to the tiling of this complaint.
4. Plaintiff and Defendant were married on December 19, 1994 in Carlisle,
Cumberland County, Pennsylvania.
5. Plaintiff and Defendant have lived separate and apart since March 15, 2004.
6. There have been no prior actions for divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in counseling.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
~( PwriMJ-
Angel evelant
Certified Legal Intern
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Robert E. ains ~
Thomas M. Place
Anne MacDonald-Fox
Lucy Johnston-Walsh
Supervising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717)243-2968
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VERIFICATION
I verify that the statements made in the foregoing complaint are true and correct, to the
best of my knowledge, information and belief. I understand making any false statement
would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to
authorities.
Date II - ,,:n" -oS-
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
; NO. 05-UU, CIVIL TERM
TINA M. KAUFFMAN,
Plaintiff
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Tina M. Kauffinan, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Respectfully submitted,
Date
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Angel Re lant
Certified Legal Intern
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ROBER! hi INS .."
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON- WALSH
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
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TINA M, KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Angel Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served
a true and correct copy of the Divorce Complaint on Michael Kauffman, presently residing at the
Cumberland County Prison, 110 I Claremont Road, Carlisle, Pennsylvania, by personal service,
on the 29th day of November, 2005.
A~~~l~dl-Ad-
Certified Legal Intern,
..' LC< . ~ '<'L.u.bkl_
nald-Fox
Lucy Jo ston-Walsh
Thomas Place
Robert Rains
Supervising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under !l!l3301(c) and (d) of the Divorce Code was filed on
November 28, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ofa 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. !l4904, relating to unsworn
falsification to authorities.
Date 3 //7 /0 {.
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Tina M. Kauf an, Plaintiff
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TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER ~ 3301(c) and (d) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date 3/17/0(,
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Tina M. Kaufti , PlamtIff
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TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
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NOTICE TO DEFENDANT
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If you wish to deny any of the allegations set forth in this affidavit, you musi;fiIe a::r,
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counter-affidavit within twenty (20) days after this affidavit has been served on you-dr thG
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated March 15,2004, and have continued to live
separate and apart for a period of at least 2 years.
2. The marriage is irretrievably broken.
3. 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.
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. 94904, relating to unsworn
falsification to authorities.
Date 3/0/"/'
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Tina M. Kauff an, Plaintiff
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TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Angel Revelant, Certified Legal Intern, Family Law Clinic, hereby certity that I served
a copy of Plaintiffs Affidavit of Consent and Waiver of Notice forms as well as Plaintiffs
Affidavit under Section 3301(d) of the Divorce Code by personal service to his supervisor at his
place of employment, Triangle Car Wash, 6465 Carlisle Pike, Mechanicsburg, P A 17055 on the
30'h day of March, 2006.
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Angel e elant
Certified Legal Intern
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--C'{'U/I, 1_uJiLtJC_
Anne Mic n~ld-Fox -
Lucy cJohnston- Walsh
Thomas M. Place
Robert E. Rains
William G. Martin
Supervising Attorneys
F AMIL Y LA W CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
(717) 243-3630
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TINA M, KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL], KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Angel Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served
a copy of Plaintiff's Notice ofIntention to Request Entry of3301(d) Divorce and Defendant's
Counter-affidavit by personal service to his supervisor at his place of employment, Triangle Car
Wash, 6465 Carlisle Pike, Mechanicsburg, P A 17055 on the 25th day of April, 2006.
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Angel elant
Certified Legal Intern
~~~
Anne MacDonald-Fox
Lucy Johnston-Walsh
Thomas M. Place
Robert E. Rains
William G. Martin
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
(717) 243-3630
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TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under ~ 330Hd) of the Divorce Code.
2. Date and manner of service of the complaint: Personal service on Defendant at 1101
Claremont Road, Carlisle. P A 17013 on November 29.2005.
3. Date of execution of the affidavit required by ~ 3301(d) of the Divorce Code:
March 17, 2006; Date of service of the plaintiff s affidavit upon the respondent: March 30.
2006.
4. Related claims pending: None.
5. Date and manner of service of the Notice of Intention to Request Entry of Divorce
Decree and Defendant's Counteraffidavit, copies of which are attached: Service bv hand-deliverv
at Defendant's place of emplovment on April 25. 2006.
Date
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Keith O. ickman
Certified Legal Intern
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Lucy Johnston-Walsh
Anne MacDonald-Fox
Thomas M. Place
Supervising Attorneys
F AMIL Y LAW CLINIC
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4S North Pitt Street
Carlisle, P A 17013
(717) 243-2968
(717) 243-3639
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TINA KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
DIVORCE
MICHAEL KAUFFMAN,
Defendant
: NO. 05 - 6066
CIVIL TERM
CERTIFICATE OF SERVICE
I, Keith Hickman, Certified Legal Intern, Family Law Clinic, hereby certify that I served
true and correct copies of the Praecipe to Transmit Record and the Divorce Information Sheet on
Michael Kauffman at the place at which he was last served documents, Triangle Car Wash, 6465
Carlisle Pike, Mechanicsburg, PA, 17055 by depositing copies of the same in the United States
mail, regular, first-class on the 22nd day of June 2006.
eith an
Certified ~egal Intern
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Anne Mac onald-Fox, E
Supervising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243.2968
Fax: (717) 243-3639
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TiNA M. KAUFHIAN,
Plaintiff
: n~ THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL 1. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY OF ~ 3301(d) DIVORCE DECREE
TO: DEFENDANT Michael 1. Kauffman:
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the 9 330 I (d) affidavit. Therefore, on or after May 15,2006, the other
party can request the court to enter a final decree in divorce.
If you do not file with the prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in
divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to
this notice.
Unless you have already filed with the court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief The filing of the form counter-affidavit alone does not protect
your economic claims.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU
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.
IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable
accomlTIodations available to disabled individll:ils hRvlng huslness hefore the court, please
f""..-;u .' -11 " j ,1. .'_ 1 _ _._, ,_ _ ._ _, '. n_ _,,' __ .. ~ __ __.. __ - 'I. _ _ _: . _n ~
-:r:rrn:i1r.-c nur OL11.1;:::; c'--'UJ. --n-C0-Hgernent:iu.tLt:cit Dc HCiUt:: ,"::tllc~.~:: iHj',.U:S tJuu~ '.U ~"l!l! ~lCi:tlW,~J~
business before the cou:rt. -Yeu 111Ust (rttend "the scherivlf'd cnnrerence or h,earing,
TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL J. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
() (a) I do not oppose the entry of a divorce decree.
() (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both):
( ) (i) The parties to this action have not lived separate and apart for a period of at least
two years.
( ) (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
( ) (a) I do not wish to make any claims for economic relief. 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.
() (b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the prothonotary in writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree
may be entered without further delay.
I verify that the statements made in this counter-affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. &4904
relating to unsworn falsification to authorities.
lJ::l!e
. .
TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL 1. KAUFFMAN
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
AFFIDA VIT OF CONSENT
I. A Complaint in Divorce under 99 3301(c) and (d) of the Divorce Code was filed on
November 28, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
rer::J.v:::st
of th~ decre~.
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. 94904, relating to unsworn
falsification to authorities.
Date
Michael Kauffman, Defendant
.
TINA M. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 05-6066 CIVIL TERM
MICHAEL 1. KAUFFMAN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER & 330l(c) and (d) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
( verify that th", statements m8d~ in this affidavit ar~ true and correct. I understand that
falSe statenJents herein ar", mad", subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date
Michael Kauffinan, Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PEN NA.
TINA M. KAUFFMAN,
No.
6066
Plaintiff
.
VERSUS
.
MICHAE~ J. KAUFFMAN,
Defendant
.
.
.
DECREE IN
DIVORCE
.
.
.
.
.
.
.
f ii-A. .z 1
~oc. IT IS ORDERED AND
AND NOW,
.
DECREED THAT
TINA M. KAUFFMAN
.
.
.
MICHAEL J. KAUFFMAN
AND
.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
.
.
2005
.
.
.
.
.
, PLAINTIFF,
, DEFENDANT,
.
.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
.
NONE
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TINA KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
MICHAEL KAUFFMAN,
Defendant
: NO. 05 - 6066
CIVIL TERM
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted
a Final Decree in divorce from the bonds of matrimony on the 27th day of June, 2006,
hereby elects to retake and hereafter use her previous name of Tina M. Rider, and gives
this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S.
S 704.
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Tina M. Kauffman
Wishes To Be Known As:
,
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Tina M. Rider
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On the lOth day of July, 2006, before me, a Notary Public, personally appeared
Tina M. Kauffman, known to me to be the person whose name is subscribed to the within
document, and acknowledged that she executed the foregoing for the purpose therein
contained.
IN WITNESS THEREOF, I have hereunto set my hand and Notarial Seal.
~JAJ~a~
OTARY IC
Notarial Seal
Laurie L. Wolf. Notary PubUc
Carlisle Boro, Cumberland County
, Commission Expires Feb. 14.2010
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