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HomeMy WebLinkAbout06-1596 JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE AttorneyI.D. No. 36461 24 N. 32nd Street CampHill,PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff KATHYBAUM, Plaintiff v. STEVEN K. BAUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ()f.o- /S9fc, Ct~,L 78LVY[ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. lfyou 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 Jose 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 Prothonotroy, Room 101, Cumberland County Courthouse, 1 Courthouse Square, 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 Connty Bar Association 2 Liberty A venne Carlisle, PA 17013 1-800-990-9108 . JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff KATHY BAUM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. STEVEN K. BAUM, Defendant NO. CIVIL ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anu1amiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENT ACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 ~ JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE AttorneyI.D. No. 36461 24 N. 32nd Street Camp Hill, PA 1701 I Telephone: (717) 737-5890 Attorney for Plaintiff KATHY BAUM. Plaintiff v. STEVEN K. BAUM, Defendant NO. O~ - )(;9b CIVIL ACTION - LAW IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C[O~C~~ COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. Plaintiff is Kathy Baum, an adult individual who has resides at I Pagoda Court, Enola, Cumberland County, PA 17025. 2. Defendant is Steven K. Baum, an adult individual who currently resides at 1 Pagoda Court, Enola, Cumberland County, P A, 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 17, 1995 in Mechanicsburg, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are three children born of this marriage. Nicholas Baum born January 20, 1997, Laura Baum born July 8, 1998 and Hannah Baum born August 19, 2002. 8. The statutory grounds for divorce are: A. The marriage is irretrievably broken; or in the alternative, B. The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse such as to render her condition burdensome and intolerable. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. The parties have been actively participating in marriage counseling. The Plaintiff declines further counseling. 10. After ninety (90) days have elapsed from the date ofthe filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or 3301 (a) (6) of the Divorce Code. Respectfully submitted, JOANN HARRISON CLOUGH, PC Dated: 3 ~ I L __ 0 ~ JOAN HARRISON CLOUG Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, P A 17011 Telephone No. (717) 737-5890 Counsel for Plaintiff . . VERIFICATION I, Kathy Baum, verifY that the statements made in this Complaint are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3/Jp~ ;::) \t ~ -::t ~ .t:: ~ o ?:-: *- .1:. \)' ""'2" ..{Q.. .-.0 \) \0 OJ r ~ L "",." _c ,~-- <;?, :?-<) r\1f-;:, "..') <:-t ' ~ ') ") ~,) ;~'~;~, --0 '.~::. 'rb ::.; b .'-\ TO ^ .--' .~.? S/. :=t: ?fO ,,~ o ( ., .. c,.) ~ ------ KATHYBAUM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1596 CIVIL TERM STEVEN K. BAUM, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Divorce Complaint filed on March 20, 2006, in the above captioned matter. We were unable to serve the Defendant within 30 days of date of filing of this Action. Respectfully submitted, JOANNE HARRISON CLO DATE: rZ /" l. -',/\) I ........, ri, OJ I C'" ,...} (A; " c::) (../", FILED-OFFICE OF THE PROTHONOTARY 2011 J 1: 18 CUME3Cr;l_A'' :D CO?TJY KATHY BAUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1596 CIVIL TERM STEVEN K. BAUM, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION TO REINSTATE DIVORCE ACTION AND NOW comes the Defendant, Steven K. Baum, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court reinstate the above-captioned divorce action based upon the aforegoing: 1. Plaintiff, Kathy Baum, filed a Complaint in Divorce on or about March 20, 2006. 2. Defendant, Steven K. Baum retained this counsel on December 8, 2010 to represent him in the above-captioned divorce action. 3. On December 8, 2010, this counsel contacted the Cumberland County Prothontary's Office to determine whether the above-captioned divorce action had been purged due to inactivity. The individual at the Prothontary's Office indicated that the divorce action was currently active. 4. Based upon the representation of the Prothonotary's Office, Defendant filed an Answer and Counterclaim to the Divorce Complaint on or about December 13, 2010. Defendant's Answer and Counterclaim, marked Exhibit "A", is attached hereto and incorporated herein. Defendant subsequently filed a Statement of Intention to Proceed on or about December 20, 2010. Defendant's Statement of Intention to Proceed, marked Exhibit "B", is attached hereto and incorporated herein. 5. On or about December 28, 2010, an individual from Cumberland County Prothonotary's Office contacted this counsel's office and indicated that the above-captioned divorce case was purged on October 27, 2010, and recommended that a Motion to reinstate the divorce action be filed. WHEREFORE, Defendant, Steven K. Baum, respectfully requests this Honorable Court reinstate the above-captioned divorce action. Date: Respectfully Submitted, THE LAW OFFICES OF SILLIKER & REINHOLI saPAl 5922 Harr, (717) 671-1500 I.D. No. 57911 Attorney for Steven K. Baum FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 13 PM 1: 514 CUMBERLAND COUNTY PENNSYLdAPJIA Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Steven K. Baum KATHY BAUM, V. STEVEN K. BAUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1596 CIVIL TERM : CIVIL ACTION -LAW Defendant : 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 in 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH EXHIBIT BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en ]as siguientes p4ginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KATHY BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1596 CIVIL TERM STEVEN K. BAUM, CIVIL ACTION -LAW Defendant IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW comes the Defendant, Steven K. Baum, by and through his attorneys, the Law Offices of Silliker and Reinhold, and respectfully avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8A. Admitted. 8B. Denied. It is denied that Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse such as to render her condition burdensome and intolerable. To the contrary, it is the Plaintiff who has offered such indignities to the Defendant, the innocent and injured spouse, such as to render his condition burdensome and intolerable. 9. Admitted. 10. No responsive pleading is necessary. In the event an answer is required, it is hereby denied. COUNTERCLAIM COUNT EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.seQ. of the Divorce Code of 1980. WHEREFORE, Defendant respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. Date: q 0 1) Respectfully Submitted, THE LAW OFFIC S OF SILLIKER & REINHOLD l Zstin einho , Esqui 5922 L' glestown Road d Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Steven K. Baum AFFIDAVIT I, Steven K. Baum, hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. ? Dated: TI ? ) ' c y Steven K. Baum KATHY BAUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANI4 V. : NO. 06-1596 CIVIL TERM,, ., 177 STEVEN K. BAUM, CIVIL ACTION -LAW Defendant : IN DIVORCE ! STATEMENT OF INTENTION TO PROCEED •':? T'' TO THE PROTHONOTARY: AND NOW, this 15th day of December, 2010, the Defendant, Steven K. Baum, by and through his attorney, Kristin R. Reinhold, Esquire, files this Statement of Intention to Proceed and in support thereof states as follows: 1. The parties are proceeding with the above-captioned divorce action and hope to have it resolved within the very near future. 2. If the parties are unable to resolve this matter, Defendant intends to request the appointment of a Divorce Master to resolve the pending issues. Date: / L-) /j 11 -5 // i 0 By: --787- Harrisburg, PA 17112 (717) 671-1500 ID No. 57911 Attorney for Defendant KATHY BAUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1596 CIVIL TERM STEVEN K. BAUM, : CIVIL ACTION -LAW rc,? Defendant . IN DIVORCE =7 M - ' AMENDMENT TO MOTION TO REINSTA L DIVORCE ACTION `=T AND NOW comes Kristin R. Reinhold, Esquire the counsel for Defendant, Steven K. Baum, and respectfully amends the above-captioned Motion to Reinstate Divorce Action as follows: 1. It is respectfully submitted that no Judge has ever ruled upon any issue relative to this matter. 2. Plaintiff's last counsel of record, Joanne H. Clough, Esquire has no objection to this request. WHEREFORE, Defendant, Steven K. Baum, respectfully requests this Honorable Court reinstate the above-captioned divorce action. Date: ] a Respectfully Sub 'tted, THE LAW OFFI ES OF SILLIKER & H 'rist?sc 5922 n Road Harr17112 (717) 671-1500 I.D. No. 57911 Attorney for Steven K. Baum JAN072011 KATHY BAUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1596 CIVIL TERM C') ca ' =m ':_ ' STEVEN K. BAUM, : CIVIL ACTION -LAW ? r Defendant IN DIVORCE cW N ?a z z• c-> ORDER OF COURT MC CD _ w AND NOW, this day of ?o?KVa , 2011, upon consideration of the attached Motion, IT IS HEREBY ORDERED AND DECREED that the above-captioned divorce action is reinstated. Distribution: Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Joanne H. Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 C?1es a?'?I Z BY THE COURT: -8 N?10- t3 ,UrrgERLsY?°vA?timTY no MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOIi, ESQUIRE Supreme Court ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KATHY BAUM, Plaintiff IN THE COURT Or'COivIMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN K. BAUM, Defendant : NO. 06-1596 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Joanne Harrison Clough, Esquire, on behalf of Kathy Baum, Plaintiff in the above-captioned custody action, and enter the appearance of Margaret M. Simok, Esquire of Maria P. Cognetti & Associates. Respectfully Submitted, Joan& Harri son Clough, squire Margaret 61. Simok, Esquire 3820 Market Street Maria P. Cognetti & Associates Camp Hill, PA 17011 210 Grandview Avenue, Ste. 102 Attorney I.D. No. 36461 Camp Hill, PA 17011 Attorney I.D. No. 89633 Date: Date: r- KATHY BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV- ANIA V. NO. 06-1596 CIVIL TERM rnrv r ;. =rn i _.. STEVEN K. BAUM, : CIVIL ACTION -LAW CID Defendant : IN DIVORCE <d "D O -r =O CDM ACCEPTANCE OF SERVICE I, Margaret M. Simok, attorney for Kathy Baum, Plaintiff, hereby certify that I accept service on her behalf of an Answer and Counterclaim in the above-captioned matter on or about VKv,? i 5 , 2011, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: a0 1 / Margaret . Simok, Esquire COGNETTI&ASSOCIATES Cliff°1 ERL111 � COU1a� t MARGARET M.SIMOK,ESQUIRE l r�S� Attorney I.D.No. 89633 3304 Market Street Camp Hill,PA 17011 Telephone No.(717)909-4060 msimok @cognettilaw.com Attorney for Plaintiff KATHERINE R. BAUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1596 CIVIL TERM STEVEN BAUM, CIVIL ACTION - LAW Defendant DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW comes Petitioner,Margaret M. Simok,Esquire,who respectfully requests that this Honorable Court grant her permission to withdraw as counsel on behalf of Plaintiff, Katherine R. Baum and in support thereof avers as follows: 1. Petitioner is presently counsel of record for Plaintiff,Katherine R.Baum in the above-captioned matter. 2. Pennsylvania Rule of Professional Conduct 1.16(b)provides in pertinent part: ...a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interest of the client... 3. Petitioner seeks to withdraw as counsel for Katherine R. Baum in this matter because it is believed that grounds exist pursuant to Rule of Professional Conduct 1.16(b). 4. Withdrawal of Margaret M. Simok, Esquire, will not materially prejudice Katherine R. Baum or delay pending litigation. WHEREFORE,your Petitioner respectfully requests that this Honorable Court grant Petitioner's request to withdraw as counsel on behalf of Katherine R. Baum in the above captioned matter. Respectfully submitted: COGNETTI & ASSOCIATES Date: �T '7 By: L� MARGARE . SIMOK, ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff KATHERINE E. BAUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1596 CIVIL TERM STEVEN BAUM, CIVIL ACTION—LAW Defendant DIVORCE ORDER AND NOW, this 18 day of ���y , 2013, upon presentation and consideration of the within Petition for Leave to Withdraw as Counsel, it is hereby ORDERED that a Rule is entered upon Plaintiff,Katherine E.Baum and Defendant, Steven Baum to show cause why, if any, said Petition should not be granted. Rule returnable I days after service. BY THE COURT: J. Distribution: ✓Kristen R. Reinhold, Esquire, Silliker& Reinhold, 5922 Linglestown Road, Harrisburg, PA 17112 ; A4argaret M. Simok, Esquire, Cognetti & Associates, 3304 Market Street, Camp Rill 17011 Katherine R. Baum, 18 Johns Drive, Enola, PA 17025 r 'f �r co -P C) �`� ^� �`i t tic- r i' �Uf� tr``5�0phi ,,, A" d �r5 'LVkJ SIN � COGNETTI&ASSOCIATES MARGARET M.SIMOK,ESQUIRE Attorney I.D.No. 89633 3304 Market Street Camp Hill,PA 17011 Telephone No.(717)909-4060 Attorneys for Plaintiff KATHERINE R. BAUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-1596 STEVEN BAUM, CIVIL ACTION—LAW Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes Margaret M. Simok, Esquire of Cognetti & Associates who respectfully requests that this Honorable Court grant her permission to withdraw as counsel on behalf of Katherine R. Baum and in support thereof avers as follows: 1. On July 16, 2013 the undersigned filed a Petition for Leave to Withdraw as counsel, on behalf of Plaintiff, Katherine R. Baum, in the above-captioned matter. 2. On July 18, 2013 the Honorable M. L. Ebert, Jr., entered an Order upon Plaintiff, Katherine R. Baum and Defendant, Steven Baum, to show cause why, if any, said Petition should not be granted. The Rule was returnable fifteen (15) days after service. (A copy of the Order is attached hereto and marked as Exhibit"A".) 3. On July 22, 2013 the undersigned caused the order of July 18, 2013 to be served upon Plaintiff and Defendant's counsel, Kristin R. Reinhold, Esquire, via first class mail, postage prepaid. (A copy of the transmittal letter evidencing service of the Rule is attached hereto and marked as Exhibit`B".) 4. Fifteen (15) days have elapsed since the Order was served upon Plaintiff and Defendant's counsel. 5. To the best of the undersigned's knowledge, neither Defendant's counsel or Plaintiff have responded to the Order, rejecting to the undersigned's request to withdraw as counsel for Ms. Baum. WHEREFORE, Margaret M. Simok, Esquire, of Cognetti & Associates, respectfully requests this Honorable Court grant her request to immediately withdraw as counsel on behalf of Katherine R. Baum in the above-captioned matter. Respectfully submitted: COGNETTI & ASSOCIATES Date: August 15, 2013 By: - MARGA T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff KATHERINE E. BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 06-1596 CIVIL TERM STEVEN BAUM, CIVIL ACTION–LAW Defendant DIVORCE ORDER —1 L AND NOW, this day of , 2013, upon presentation and consideration of the within Petition for Leave to Withdraw as Counsel, it is hereby ORDERED that a Rule is entered upon Plaintiff,Katherine E.Baum and Defendant,Steven Baum to show cause why, if any, said Petition should not be granted. Rule returnable J days after service BY THE COURT: J. Distribution: Kristen R. Reinhold, Esquire, Silliker&Reinhold, 5922 Linglestown Road, Har&, bur , PA 17112 -O-K � rn t r, Margaret M. Simok, Esquire, Cognetti &Associates, 3304 Market Street, Camall,IPA 17011 a C`; Katherine R. Baum, 18 Johns Drive, Enola, PA 17025 D : v ca w D OCNETTI &ASSOCIATES Dedicated to the Practice of Family Law Maria P.Cognetti' Margaret M.Simok Alice B.Richards "Fellow,American Academy of Matrimonial lawyers Paralegal Diplomate,American College of Karen A.Sheriff Family Trial Attorneys Fellow,International Academy of Matrimonial lawyers July 22,2013 Kristin R. Reinhold,Esquire SILLIKER&REINHOLD 5922 Linglestown Road Harrisburg,PA 17112 RE. BA UM v BA UM Our File No. 902 Dear Kristin: Please see attached Rule to Show Cause. Very truly yours, Margaret M. Simok MMS/jrb Enclosure cc: Katherine R. Baum(with enclosures) 3304 Market Street ♦ Camp Hill, PA 17011 Telephone (717) 909-4060 ♦ Fax (717) 909-4068 www.cognettilaw.com CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion to Make Rule Absolute at the address indicated below: Katherine R. Baum 18 Johns Drive Enola, PA 17025 Kristin R. Reinhold, Esquire Silliker& Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Service by: Personal service via hand delivery X Service by First Class,United States Mail,postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETTI & ASSOCIATES Date: August 15, 2013 By: MARGAIV,T M. SIMOK,ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff KATHERINE R. BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff-' : CUMBERLAND COUNTY, PENNSYL Nt4 V. DOCKET NO. 06-1596 x � car" STEVEN BAUM, CIVIL ACTION—LAW Defendant : IN DIVORCE ZZ to ORDER S� AND NOW, this Ik day of KAh , 2013, upon presentation and consideration of the within Motion to Make Rule Absolute, as filed by Margaret M. Simok, Esquire, it is hereby ORDERED that Margaret M. Simok, Esquire is withdrawn as counsel for Plaintiff. BY THE COURT: M. L. Ebert, Jr. N J. D' tribution: ,, stin R. Reinhold, Esquire, Silliker & Reinhold, 5922 Linglestown Road, Harrisburg, PA 17112 ,,,.'i 4argaret M. Simok, Esquire, Cognetti &Associates, 3304 Market Street, Camp Hill, PA 17011 >Katherine R. Baum, 18 Johns Drive,Enola,PA 17025 Lk Ti VIIIR I J 17:1 10' ;. CjviiITT r)f / fk n; -- rENks, MARRIAGE SETTLEMENT AGREE By and between KATHERINE R. BAUM — AND — STEVEN K. BAUM Dated: -eb , 2014 INDEX PAGE 1. Divorce and Separation 4 2. Division of Property 4 3. Income Tax Prior Returns 7 4. Execution of Additional Documents 7 5. Transfers Subject to Liens 8 6. Complete Listing of Property 8 7. Equitable Distribution of Property 8 8. Relinquishment of Ownership 9 9. After - Acquired Property 9 10. Debts 9 11. Bankruptcy 11 12. Alimony 12 13. Full Disclosure 12 14. Releases 13 15. Waiver of Beneficiary Designation 13 16. Indemnification 13 17. General Provisions 14 18. Fair and Equitable Contents 15 19. Breach 15 20. Independent Separate Covenants 15 21. Void Clauses 16 22. Execution of Documents 16 23. Applicable Law 16 24. Non - Merger 16 25. Date of Execution 16 26. Disclosure and Waiver of Procedural Rights 17 27. Tax Advice 18 28. Legal Fees 18 29. Representation of Parties 18 Signature Page 19 Acknowledgement Page 20 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this o2-E day of - br k L, , 2014, by and between Katherine R. Baum -AND- Steven K. Baum, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on June 17, 1995, at Cumberland County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on December 13, 2010. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain possession and ownership of the marital home located at One Pagoda Court, Enola, Cumberland County, Pennsylvania. The parties acknowledge that the home has already been deeded and the mortgage refinanced in the name of Husband alone. It is further acknowledged that Husband paid to Wife the sum of Forty -Three Thousand Six Hundred Thirty -Six Dollars and Fifty Cents ($43,636.50) on October 25, 2011 representing her equitable share in the real estate. 4 suh 2. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment. Specifically, Husband shall be entitled to his Fidelity Investment IRA, T. Rowe Price IRA, Lower Paxton Township Non - Uniformed Employees Pension Plan, Lower Paxton Township Deferred Compensation Plan, and his Central Pennsylvania Teamsters Pension Fund with the exception of Wife's interest in the Central Pennsylvania Teamsters Pension Fund as set forth in paragraph 2(B)(1). The parties hereby agree that Wife shall be entitled to a transfer in the amount of One Hundred Thousand Seven Hundred Forty -Nine Dollars ($100,749.00), effective the date of distribution, pursuant to the terms of a Qualified Domestic Relations Order from the Central Pennsylvania Teamsters Fund. The parties further agree that the Qualified Domestic Relations Order shall be prepared by Jonathan Cramer, F.S.A. of Conrad Siegel Actuaries and that the cost of drafting the Domestic Relations Order shall be equally divided by Husband and Wife. 3. Husband shall be entitled to any and all bank accounts held solely in Husband's name. B. The following shall become the sole and exclusive property of Wife: Vb 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. Specifically, Wife shall be entitled to her Pinnacle Health System 403(b) Plan and Retirement Investment Account Plan, and her Pinnacle Health System Pension Plan. Further, Wife shall be entitled to a transfer in the amount of One Hundred Thousand Seven Hundred Forty- Nine Dollars ($100,749.00) from Husband's Central Pennsylvania Teamsters Pension Fund, effective the date of distribution, to be distributed pursuant to the terms of a Qualified Domestic Relations Order. The parties further agree that the Qualified Domestic Relations Order shall be prepared by Jonathan Cramer, F.S.A. of Conrad Siegel Actuaries and that the cost of drafting the Domestic Relations Order shall be equally divided by Husband and Wife. 2. Wife shall be entitled to any and all bank accounts held solely in Wife's name, including, but not limited to Wife's Metro checking account. 3. Wife shall be entitled to ownership of her Thrivent Financial Life Insurance Policy and her ING Reliastar Life Insurance Policy. 5 /h C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, the responsible party will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event that any additional taxes, penalties or interest are assessed as a result of a mathematical error or some other reason not related to a party's under- reporting of income or claiming any improper deduction, such additional liability shall be divided equally between the parties. 4. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent and Waiver of Notice contemporaneously with the execution of this Marriage Settlement Agreement. The parties agree to execute any deeds, 7 assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subject to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Complete Listing of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non - taxable. 8 1-,\1\6 8. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After- Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: None. Husband covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Wife for any of the debt set forth herein above, Husband will at his sole expense, defend Wife against any such claim or demand, whether or not well - founded, and that he will indemnify and hold harmless Wife in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Wife. 9 Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband for any of the debt set forth herein above, Wife will at her sole expense, defend Husband against any such claim or demand, whether or not well - founded, and that she will indemnify and hold harmless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party 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 harmless and keep the other or his or her estate indemnified and save harmless 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 pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 10 11. Bankruptcy or Reorganization Proceedings. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well as that of the parties' children. The parties acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the 11 bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 12. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 13. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 12 14. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 15. Waiver of Beneficiary Designation. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post -death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described 13 in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well - founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 14 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, 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. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non - defaulting party's attorney in any action or proceeding to compel performance hereunder. Reasonable attorney's fees shall be defined as any amounts which are expended in the remedying of any breach of this Marriage Settlement Agreement. 20. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 15 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 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. 22. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 23. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. Non - Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 25. Date of Execution. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 16 26. Disclosure and Waiver of Procedural Rights. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non - marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non - marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a 17 party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 27. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 28. Legal Fees. Husband and Wife hereby agree to be solely responsible for his or her respective legal fees, costs, and expenses. 29. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by 18 Kristin R. Reinhold, Esquire. Wife has been represented in the past throughout the majority of this divorce action by Margaret Simok, Esquire, but is now currently unrepresented. Wife has been advised of her right to retain independent legal counsel to represent her in this matter. Likewise, Wife has been specifically advised as to the desirability of obtaining independent legal counsel to represent her in this matter. However, being so advised that she is entitled to independent legal counsel, Wife hereby knowingly and otherwise voluntarily waives her right to obtain independent legal counsel to represent her in this matter. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 19 Steven K. Baum COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this c2 day of Notary Public, for the Commonwealth of Pe to me or satisfactorily proven to be the Wife Agreement. CO SS: , 2014, before me Subscriber, a ylvania, came Katherine R. Baum, known in the aforegoing Marriage Settlement Katherine R. Baum Witness my hand and Notarial seal, the day and year aforesaid. MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RENEE DREISBACH, Notary Public Lower Paxton Twp., Dauphin County My Commis CommissioniVir $Q2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Notary Public My Commission Expires: SS: On thisy of , 2014, before me Subscriber, a Notary Public, for the Commonwealth of Pe s lvania, came Steven K. Baum, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. V (&4,__ Stev n K. Baum Witness my hand and Notarial seal, the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RENEE DREISBACH, Notary Public Lower Paxton Twp., Dauphin County My Commission_Expires.November $0, 2014 20 otary Public My Commission Expires: KATHY BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1596 CIVIL TERM STEVEN K. BAUM, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Steven K. Baum, Defendant in the above-captioned matter, hereby certify that I accept service of a Complaint in Divorce in the above-captioned matter on or about March 30, 2006, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Steven K. Baum KATHERINE R. BAUM, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : IN THE COURT OF COMMON PLEAS v. : NO. 06 -1596 CIVIL TERM STEVEN BAUM, : CIVIL ACTION — LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Codes was filed on March 20, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Date: )9 ,r- Steven Baum KATHERINE R. BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 -1596 CIVIL TERM STEVEN BAUM, : CIVIL ACTION — LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: f 'YL f j Steven Baum &" KATHERINE R. BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 -1596 CIVIL TERM STEVEN BAUM, : CIVIL ACTION — LAW Defendant : IN DIVORCE c, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 20, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsifications to authorities. Date: Katherine R. Ba KATHERINE R. BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 -1596 CIVIL TERM ,-z r STEVEN BAUM, : CIVIL ACTION — LAW r x, v" .y Defendant : IN DIVORCE c, 7 .t r� WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: Katherine R. Baum KATHY BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 -1596 CIVIL TERM STEVEN K. BAUM, : CIVIL ACTION — LAW Defendant : 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: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) () 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: On or about March 30, 2006 by first -class mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff, February 28, 2014; by Defendant, February 28, 2014. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously herewith. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously herewith. orn y for ! efendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KATHY BAUM, • • V. STEVEN K. BAUM : Na 06-1596 CIVIL TERM DIVORCE DECREE AND NOW, Moo- it J 3 A PK , 2D t y , it is ordered and decreed that KATHY BAUM , plaintiff, and STEVEN K. BAUM , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. By the Court, ���' Prothonotary Cert. Ci0p9 railed-to ptCf' KItykke 4, @qt., mai(al_40 atikiReink old L3/1"11 KATHY BAUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-1596 CIVIL TERM STEVEN K. BAUM, : CIVIL ACTION—LAW Defendant : IN DIVORCE -73 rn rvi MOTION FOR ENTRY OF --(I- c) r- "CD QUALIFIED DOMESTIC RELATIONS ORDE1c8 2:4? 7,1 AND NOW comes the Defendant, Steven K. Baum,by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court enter the attached Qualified Domestic Relations Order, and in support thereof, avers the following. 1. The parties hereto are formerly husband and wife, a Decree in Divorce having been entered by this Honorable Court on March 11, 2014. 2. The parties executed a Marriage Settlement Agreement on or about February 28, 2014, wherein they agreed that Plaintiff would be entitled to a portion of Defendant's Central Pennsylvania Teamsters Pension Fund. 3. The parties have drafted and consented to the terms of the attached Qualified Domestic Relations Order. WHEREFORE, Defendant respectfully requests this Honorable Court enter their proposed Qualified Domestic Relations Order as an Order of this Court. Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER&RE "stin R. einholld, squire 5922 Lingl-stown Road Harrisburg,PA 17112 (717) 671-1500 I.D.No. 57911 Attorney for Steven K. Baum Kathy Baum IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Steven K. Baum CIVIL ACTION — LAW IN DIVORCE NO. 06-1596 CIVIL TERM Defendant CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN_*7 QUALIFIED DOMESTIC RELATIONS ORDER r-noi 171 1/4-) r - Identifying Information cr) 1. The Participant is Steven K. Baum. The Participant's Social Security number and date of birth are contained in a Addendum to this QDRO. The Participant's address is 1 Pagoda Ct., Enola, PA 17025. r--,) CiD 2. The Alternate Payee is Katherine R. Baum. The Alternate Payee's Social Security number and date of birth are contained in an Addendum to this QDRO. The Alternate Payee's address is 18 Johns Drive, Enola, PA 17025 m r— cs) —4Cj ny: J.) N) 3. This Order applies to benefits under the Central Pennsylvania Teamsters Retirement Income Plan 1987. 4. The parties were married on June 17, 1995, and separated on December 1, 2010. 5. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Benefits 1. The Central Pennsylvania Teamsters Retirement Income Plan 1987 shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit equal to $100,749.00 of the Participant's vested account balance as of February 28, 2014. The Alternate Payee's benefit shall not be credited with net income, loss or expense from February 28, 2014, until the date the Alternate Payee's share of the account is segregated on her behalf. '77 2. The Fund shall separately account for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee's share of the account shall be credited with net income, loss or expense from the date of account segregation until the date benefits are distributed to the Alternate Payee. . The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). JUN 0 2 2014 CPTPF; 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. Other Provisions 1. This Order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 2. For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee for all benefits made by the Plan to the Alternate Payee pursuant to this Order. The Fund will issue a Form 1 099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security number. This Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 4. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 2 JUN 0 2 2014 CPTPF 5. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. S EXECUTED this day of CONSENT TO ORDER: //' Atieit Plain Alt r ate Payee N/A — Pro Se Attorney for Plaintiff/ Alternate Payee Date 3 BY THE COURT Judge orne for $ef:ndantl Particip: nt r JUN 0 2 2014 CPTPF