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HomeMy WebLinkAbout02-2539 SAIDIS SHUFF, FLOWER & LINDSAY 26 IV. High Street Carlisle, PA CANDICE K. CASE, GARY S. CASE, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - ¢~'~c~ CIVIL TERM : : IN DIVORCE NOTICE 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for ~ntiff/~) ~ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CANDICE K. CASE, GARY S. CASE, VS. Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - ~ CIVIL TERM .' : IN DIVORCE COMPLAINT Candice K. Case, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Candice K. Case, who currently resides at 1882 Mary Lane, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1991. 2. The Defendant is Gary S. Case, who currently resides at 227 West South Street, Carlisle, Cumberland County, Pennsylvania, where he has resided since Mamh, 2002. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 18, 1971 at Bartlesville, Oklahoma. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. SAIDIS SHUFF, FLOWER & LINDSAY A~I'fORIh~YS,AT,LAW 26 W. High Slreet Carlisle, PA 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divome Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divome. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. ~-' -Candice Ki Case SAIDIS SHUFF, FLOWER & LINDSAY A~'roRNEYg,AT,LAW 26 W. High Street Carlisle, PA CANDICE K. CASE, GARY S. CASE, VS. Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 2539 CIVIL TERM : : IN DIVORCE ACCEPTANCE OF SERVICE I ACCEPT SERVICE OF THE COMPLAINT IN DIVORCE FILED MAY 23, 2002 IN THE ABOVE CAPTIONED MA~-rER TO NO. 2002- 2539 CIVIL TERM. DATE GARY S. CASE, DEFENDANT SAIDIS SHUFF, FLOWER & LINDSAY AT]~)R[~YS*AT*LAW 26 W. High Street Carlisle, PA CANDICE K. CASE, GARY S. CASE, Plaintiff VS. Defendant : IN THE .COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 2539 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE UNDER §3301 (Cll OF THE DIVORCE CODE WAS FILED ON MAY 23, 2002. 2. THE MARRIAGE OF PLAINTIFF AND DEFENDANT IS IRRETRIEVABLY BROKEN AND NINETY DAYS HAVE ELAPSED FROM 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 TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. [ UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. CANDICEK. CASE, PLAINTIFF SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORI,~YS*AT,,LAW 26W. High Street Carlisle, PA CANDICE K. CASE, GARY S. CASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 2002 - 2539 CIVIL TERM : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE CONSENT TO THE ENTRY OF A FINAL DECREE OF DIVORCE WITHOUT NOTICE. 2. I UNDERSTAND THAT I MAY LOSE RIGHTS CONCERNING ALIMONY, DIVISION OF PRQPERTY, 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 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. CANDICE K. CASE, PLAINTIFF DATE: /~/~/'/0':2- 3301 (c).not CANDICE K. CASE, Plaintiff V GARY S. CASE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02 - 2539 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301{c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 23, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about May 27, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. Date:~ I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities.~7_..~ /~~ ~__~ ~ S. C~tse, Defendant SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSsATaLAW 26 W. High Street Carlisle, PA CANDICE K. CASE, GARY S. CASE, vs. Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW · NO. 2002 - 2539 CIVIL TERM : : 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 3301(C) ~ OF THE DIVORCE CODE. CSTRIKE OUT INAPPLICABLE SECTION). 2. DATE AND MANNER OF SERVICE OF THE COMPLAINT: ACCEPTANCE OF SERVICE SIGNED BY DEFENDANT, GARY S. CASE, JUNE 12, 2002 AND RECORDED JUNE 24, 2002 3. CCOMPLETE EITHER PARAGRAPH CA) OR CB)). CA) DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301(c) OF THE DIVORCE CODE: BY THE PLAINTIFF DECEMBER 4, 2002; BY THE DEFENDANT DECEMBER 20, 2002 l,)~ D .... nc or.ow~r,,- ar THE Pg^'~mrr'~ ^c~n^~/iT ~a~, THL 4. RELATED CLAIMS PENDING; NONE 5. COMPLETE EITHER (A) OR (B). (A) D,,-r,- ^,,n ,,^,,,,,--,-, ar e co,,,r,,- ar -ru,- ,,n-r,,'-= ar ,,,-r'-,ma,, TO (B) DATE PLAINTIFF'S WAIVER OF NOTICE IN 3301(c) DIVORCE WAS FILED WITH THE PROTHONOTARY: DECEMBER 30, 2002 DATE DEFENDANT'S WAIVER OF NOTICE IN 3301(c) DIVORCE WAS FILED WITH THE PROTHONOTARY: DECEMBER 30, 2002 CA~'OC,].~I..~'N,~_~, ATTORNEY FOR PLAINTIFF CANDICE K. CASE, GARY S. CASE, VS. Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 2539 CIVIL TERM : : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT BE~EEN GARY S. CASE, of 227 West South Street, le, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND CANDICE K. CASE, of 112 West Middle Street, GeEysburg, Adams County, Pennsylvania, hereinafter referred to as Wife. SAIDIS SHUFF, FLOWER & LINDSAY ATIDP,,I~¥$.AT*IAW 26 W. High Street Carlisle, PA R.2: Cumberland Term; and R.3: RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on May 18, 1971 in Bartlesville, Oklahoma; and A Complaint for Divorce has been filed in the Court of Common Pleas of County, Commonwealth of Pennsylvania, to Number 2002-2539, Civil The parties hereto desire to settle fully and finally their respective financi.al and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.AT*LAW 26 W. High Street Carlisle, PA NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and Wife shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 1882 Mary Lane, Carlisle, Cumberland County, Pennsylvania which has been sold. The proceeds of sale have been split so that Wife received 60% of the proceeds and Husband received 40% of the proceeds. 2 SAIDIS SHUFF, FLOWER & LINDSAY A'FrORNEYS.AT.LAW 26 W. High Street Carlisle, PA (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no marital debts and obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on March 24, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles propedy registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Wife shall retain the 2001 Toyota Corolla. Additionally, Wife shall retain the 1994 Geo Prism for use by the parties' daughter, Kathryn. 3 SAIDIS SHUFF, FLOWER & LINDSAY ATrORI~YS,,AT,LAW 26 W. High Street Carlisle, PA Voyager. (6) Husband will retain the 1986 Toyota Van and the 1993 Plymouth TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Nevertheless, the parties will divide their Members 1st investment savings account, No. 104073-05, with Wife receiving 60% of the balance in the account and Husband receiving 40% of the balance. The parties warrant one to the other that since July 31, 2001, neither has withdrawn any monies from the investment savings account. The parties have closed their joint Members 1st account, No. 104073, and divided the balance of any savings or checking accounts therein with Wife receiving 4 SAIDIS SHUFF, FLOWER & LINDSAY ATrOI~NEYSsATaLAW 26 W. High Street Carlisle, PA 60% and Husband receiving 40% therein. Additionally, Husband shall transfer to Wife through Qualified Domestic Relations Order prepared by Wife's counsel, $19,505 from his Thrift Savings account into an IRA for Wife. This transfer will be accomplished without any tax consequences for either party. (8) EDUCATIONAL SUPPORT: The parties are parents of two daughters, Julialicia Case and Kathryn E. Case. Wife shall maintain health insurance coverage on Kathryn E. Case so long as she is permitted to by her employer, and she shall claim Kathryn as a dependant on her Federal Income Tax Returns. The parties will pay for Kathryn's tuition, room, board and books in an amount not to exceed the cost of those expenses at The Pennsylvania State University for four (4) undergraduate years, but in any case, no later than the Spring semester of 2006 with Husband paying 60% of those costs and Wife paying 40% of the costs. (9) WAIVER OFALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered 5 SAIDIS SHUFF, FLOWER & LINDSAY ATTOltI~YS*AT*LAW 26 W. High Street Carlisle, PA into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. Nevertheless, within 20 days of the date of this Agreement, Husband will pay to Wife one-half of the cost of the preparation of the Complaint in Divorce, the filing fee, the preparation of the Property Settlement and Separation Agreement, and the preparation of a Qualified Domestic Relations Order which costs total $880 so that Husband's share will be $440. Husband's share does not include any other of Wife's attomeys fees. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the 6 SAIDIS SHUFF, FLOWER & LINDSAY ATTORI~¥$*AT"LAW 26 W. High Street Carlisle, PA misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. ('13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' madtal assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. ('14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. ('15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 7 SAIDIS SHUFF, FLOWER & LINDSAY ATIDRNEYS*AT*LAW 26 W. High Street Carlisle, PA (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; 8 SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT*LAW 26 W. High Street Carlisle, PA E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: and (1) (2) (3) to take against the other's will; under the laws of intestacy; to a family exemption or similar allowance; (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. 9 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AT*LAW 26 W. High Street Carlisle, PA (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: understanding between the parties and This Agreement constitutes the entire there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: 10 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*ATeLAW 26 W. High Street Carlisle, PA a~S. Case 11 iN THE COURT OF COMMON PLEAS Candice K. Case, Plaintiff VERSUS Gary S. Case, Defendant OF CUMBERLAND COUNTY 2002-2539 NO. DECree iN DIVORCE AND NOW~~J~ ~% ~-7~1~', IT IS ORDERED AND DECREED THAT Candice K. Case , PLAINTIFF, AND Gary S. Case , DEFENDANT, ARE DIVORCED FROM THE bONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOI~D, . _iN THIS ACTION f'OR WHICH A FINAL ORDER HAS NOT Yet bEEN ENTERED; ~ The terms of the Property Settlement and Separation Agreement dated December 4, 2002 are incorporated but not merged into this Decree in Divorce. By The ATTEST~ PrOTHONOtArY CANDICE K. CASE, GARY S. CASE, Plaintiff VS, Defendant : IN THE COURT Of COMMON PLEAS Of : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 200;_~ - 2539 CIVIL TERM : : IN DIVORCE PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT NOW comes CANDICE K. CASE BALDWIN, formedy Candice K. Case, by and through her attorney, Saidis, Shuff, Flower & Lindsay, and Petitions this Honorable Court as follows: 1. The parties hereto were divorced by Decree in Divorce of This Honorable Court on December 31, 2002. 2. Incorporated but not merged with the Decree in Divorce was a Property Settlement and Separation Agreement. Attached hereto as Exhibit "A" is the Decree in Divorce and the Property Settlement Agreement. 3. Paragraph 7 of the Property Settlement Agreement called for Husband to pay to Wife Nineteen Thousand Five Hundred Five Dollars ($19,505.00) from his Thrift Savings Account to be rolled over into an IRA by Domestic Relations Order prepared by Petitioner's counsel. 4. On Apdl 25, 2003 counsel for Petitioner provided to Respondent's counsel a proposed retirement benefits court Order (QDRO). The April 25 transmittal letter and the proposed Order are attached hereto as Exhibit "B". 5. Despite repeated requests, Respondent has not authorized his counsel to respond to the proposed Order or to sign it on his behalf. A copy of the most recent inquiry, dated July 15, 2003, is attached hereto as Exhibit "C". 6. Respondent's refusal to authorize execution of the Order or to respond in any manner consists of a willful breach of the parties' Agreement. 7. Pursuant to paragraph 20 of the Agreement, if either party breaches any provision of the Agreement, he or she shall be responsible for any costs incurred to enforce the Agreement including, but not limited to, court costs and counsel fees of the other party. 8. By his refusal for the last five months to authorize entry of the Domestic Relations Order, Petitioner is harmed by the incurring of attorney's fees and by a loss of earnings, $19,505 which was awarded to her by Decree of this court on December 31, 2002. WHEREFORE, Petitioner prays this Honorable Court to compel Respondent to direct his attorney to sign and submit the retirement benefits court Order after it is amended to award to the Petitioner interest on the amount from December 31, 2002 and to pay reasonable attorney's fees incurred to enforce the Order. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff , .-. By: C~r ~1-~ ~.ln~, Esquire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 2 CANDICE K. CASE, GARY S. CASE, PLAINTIFF VS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBE~RLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 2539 CIVIL TERM IN DIVORCE VERIFICATION I, Carol J. Lindsay, Esquire, the undersigned, attorney for Petitioner, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 49,04, relating to unsworn falsification to authorities. Date: SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys ,~¢~¢F~-~rit'if, f By: L~'~Jr~l vJ "'/Eih~Y'~ E sq u ~ ID# 44~ 26 West High Street Carlisle, PA 17013 (71 '7) 243-6222 IN THE COURT OF COMMON PLEAS CF CUMBERLAND COUNTY , STP- FE OF ~ ' PENNA. C~n~ice ~. C~se, Plaintiff VERSUS Gary S. Case, No. 2002-2539 Defendant DECREE IN DIVORCE AND NOW, December31 DECREED THAT Candice K. Case AND Gary S. Case 20O2 ARE DIVORCED FROM THE BONDS OF MATRIMONY. ., iT I$ ORDERED AND , PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOL-OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; /x/~/~ The terms of the Property Settlement and Separation Agreement dated December 4,. 2002 are incorporated but not merged into this Decree in Divorce. BY THE COURT: Edgar B. Bayley ~-' /...._..~ ~i/ROTH O N OTA Ry Certified Copy Issued: December 30, 2002 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High SIreet Carlisle, PA CANDICE K. CASE, GARYS. CASE, VS. Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 2539 CIVIL TERM : : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ://~ day of ,~¢~ ¢-~'.¢.f..,~./.¢~, 2002, BETWEEN GARY S. CASE, of 227 West South Street,"C~arlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND CANDICE K. CASE, of 112 West Middle Street, Gettysburg, as Wife. R.I: Adams County, Pennsylvania, hereinafter referred to RECITALS: The parties hereto are husband and wife, having been joined in marriage on May 18, 1971 in Bartlesville, Oklahoma; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 2002-2539, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of ail matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they witl secure a mutual consent no-fault divorce decree in the above- captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and Wife shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 1882 Mary Lane, Carlisle, Cumberland County, Pennsylvania which has been sold. The proceeds of sale have been split so that Wife received 60% of the proceeds and Husband received 40% of the proceeds. 2 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no marital debts and obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on March 24, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relir~quishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any toss thereon. Wife shall retain the 2001 Toyota Corolla. Additionally, Wife shall retain the 1994 Geo Prism for use by the parties' daughter, Kathryn. 3 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Voyager. (8) Husband will retain the 1986 Toyota Van and the 1993 Ptymouth TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession cf the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, :savings plans, pension plans, stock plans, 401K plans and the like. Nevertheless, the parties will divide their Members 1st investment savings account, No. 104073-05, with Wife receiving 60% of the balance in the account and Husband receiving 40% of the balance. The parties warrant one to the other that since July 31, 2001, neither has withdrawn any monies from the investment savings account. The parties have closed their joint Members 1st account, No. 104073, and divided the batance of any savings or checking accounts therein with Wife receiving 4 SAIDIS SHUFF, FLOWER & LINDSAY 26 w. High Street Carlisle, PA 60% and Husband receiving 40% therein. Additionally, Husband shall transfer to Wife through Qualified Domestic Relations Order prepared by Wife's counsel, $19,505 from his Thrift Savings account into an IRA for Wife. This transfer will be accomplished without any tax consequences for either party. (8) EDUCATIONAL SUPPORT: The parties are parents of two daughters, Julialicia Case and Kathryn E. Case. Wife shall maintain health insurance coverage on Kathryn E. Case so long as she is permitted to by her employer, and she shall claim Kathryn as a dependant on her Federal Income Tax Returns. The parties will pay for Kathryn's tui,lion, room, board and books in an amount not to exceed the cost of those expenses a~: The Pennsylvania State University for four (4) undergraduate years, but in any case, r,o later than the Spring semester of 2006 with Husband paying 60% of those costs and Wife paying 40% of the costs. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered 5 SAIDIS SHUFF, FLOWER & LINDSAY into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. Nevertheless, within 20 days of the date of this Agreement, Husband will pay to Wife one-half of the cost of the preparation of the Complaint in Divorce, the filing fee, the preparation of the Property Settlement and Separation Agreement, and the preparation of a Qualified Domestic Relations Order which costs total $880 so that Husband's share will be $440. Husband's share does not include any other of Wife's attorneys fees. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the 6 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $~eet misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the i~arties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and Iqer rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 7 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all ctaims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's dghts against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; 8 SAIDIS SHUFF, FLOWER & LINDSAY High Slreet C. ariisie, PA E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: to take against the other's witl; under the laws of intestacy; to a family exemption or similar allowance; all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement :shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. 9 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: 10 SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA (~ar~ S. Case 11 CUMBERLAND DIVORCE VITAL RECORD~ RECORD OF I OR ANNU~ENT (CHECK ONE) STATE FILE NUMBER HUSBAND 1. NAME (Fkst) (l~ddle) (Last) GARY S Case 3. RESIDENCE $~et or R.D. C4ty, BO~O. or Twp. 227 WEST SOUTH ST. CARLISLE 5. NUMBER 6. RACE MARRIAGE 1 [] 2. DATE (Mot tth) I BIOR~FR 8- 29- 52 CUMB PENNA B~ MIS BLACK[] OmEa[] (Speedy) DIRECTOR, NAVY CIVIL WIFE MAPLES CANDICE K. Case 112 WEST MIDDLE ST. GETIWSBURG ADAMS M~RNAGE OKLAHOMA 17A. NUMBEROF p7S. NUMBEROFDEPBNDENI CHILDREN TH~ [ CHILDREN UNDER 18. cus'roo¥ o~ [] [] (Day) 24. SIGNATURE OF TRANSCRIBING CLERK 14. USUAl. OCCUPATION BLACK[] OTHER[] (sp~7~y) LIB~RiANRA (sa.o~com.) [1': DATE OFmis MARRIAGE 5-18-71 18 Fu. AINTIFF DECREE GFtANTED TO · HU~B~NL_.jD WIFE[] OTHER[] (Bpe~{y) ' HUSBAND[] WIFE[] BPLITCUSTODY OTHER (Specify) 21, LEGAL GROUNDS FOR DIVOROE OR ANNULMENT [] [] 3301(c) Divorce Code (Mo~e) (Day) (Y~ OTHER (Specify) JAMES D. FLOWER JOHN E. SLIKE g. OBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN M. SMITH LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAiL: dindsa¥@ssfl-law.com www.ssfl-law.com April 25, 2003 FILE COPY WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, FA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Hubert X. Giiroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 Re: Casev. Case NO. 2002 - 2539 Civil Term Dear Hubert: Two things remain before both of us can close our files on this case. The first is per Paragraph 10 of the Agreement which called for your client to pay to mine within 20 days of the date of this Agreement one-half of the cost of the preparation of the Complaint in Divorce, the filing fees, and the Properby Settlement and Separation Agreement, as well as the QDRO, a payment of $440.00. We have never received that payment, although the Agreement was signed on December 4th. Would you ask your client to please forward that payment to this office immediately. I need to prepare a Qualified Domestic Relations Order to transfer $19,505 from your client's Thrift Savings Plan. I enclose a draft Order. Please tet me know if it is acceptable. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Carol J. Lindsay CJL/tjb Enclosure cc: Candice Case CAN~ICE K. CASE, GARY S. CASE, vs. PLAINTIFF DEFENDANT RETIREMENT BENEFITS COURT ORDER IN THE COURT C)F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I_AW NO. 2002 - 2539 ClVlLTERM IN DIVORCE DRAFT THIS MATTER having come before the court on motion, and the court, after reviewing the motion and being otherwise fully advised of the matter: ORDERED: Candice K. Case (Social Security Number 442-56-0184) of 112 West Middle Street, Gettysburg, PA 17325 is awarded $19,505.00 from the Thrift Savings Plan account of Gary Steve Case (Social Security Number 443-54-6;!47) of 227 West South Street, Carlisle, PA 17013 as of December 4, 2002. FURTHER ORDERED: Earnings will be paid on the amount of the entitlement under this ORDER until payment is made. Signed this day of ,2003. BY THE COURT: Judge Concurrence: Hubert X. Gilroy, Esq. Carol J. Lindsay, Esq. for Gary S. Case for Candice K. Case JAMES D, FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAiV~S D. FLOWER, JR. CAROL J, LINDSAY MATTHEW J. ESHELMAN KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN M. SMITH [4~W OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: clh~dsay@ssfl-law.com www.ssfl-law.com July 15, 2003 WEST SHORE OFFICE: 2109 MARKET STREET CAM1~ HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 Re: Case v. Case NO. 2002 - 2539 Civil Term Dear Hubert: Candice Case asked me to get her case completed. I sent a proposed Qualified Domestic Relations Order to your office on April 25, 2003 with a follow-up letter on June 3rd. Would you please check to see that the Order is acceptable so that I can have it entered and we can both close our files. Thank you very much for your assistance. Very truly yours, CJL/tjb Enclosures CC: Candice Case SAIDIS, SHUFF, FLOWER & LINDSAY Carol CANDICE K. CASE, vs. GARY S. CASE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF ' CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL AC'I'ION - LAW : NO. 2002 - 2539 CIVIL TERM DEFENDANT: IN DIVORCE CERTIFICATE OF SERVICE And now, this J/~ day of ,.~'d'Z2//.~7"/Z~'/'- , 2003, I, Carol J. Lindsay, Esquire, of the law firm of Saidi~, Shuff, Flower & Lindsay, attomeys, hereby certify that I served the within Petition To Enforce Property Settlement And Separation Agreement this day by depositing same in the united states mail, first class, postage prepaid, in Carlisle, Pennsylvania, addressed to: Hubert X, Gilroy, [--_squire 4 North Hanover Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys For Plaintiff Carol J. ~nd~ay, Esqu~r~ ID# 44693 26 West High Street Carlisle, PA 17013 (7!L 7) 243-6222 CANDICE K. CASE, VS. GARY S. CASE, PLAINTIFF DEFENDANT SEP 0 4 2003 : IN THE COURT OF COMIvlON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002- 2539 CIVIL TERM : IN DIVORCE ORDER AND NOW, this '~ day of "~,~/~ , 2003, uP°n consideration of the within Petition, a Rule is issued on the Respondent to show cause why the relief requested should not _be granted. Rule returnable _~(~'~ __ days from the date of s6rvice hereof. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA SEP 2 4 Z¢03 ¢ CANDICE K· CASE, GARY S. CASE, Plaintiff VS. Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO· 200:2 - 2539 CIVIL TERM : IN DIVORCE RETIREMENT BENEFITS COURT ORDER ~..~¢-- day of ~"~-~, 2003, the partiesheretohaving this Order until payment is made· ~AA~ ro~ In Je ~,i'onrd¢ ~q~re ) ~ubert X. Gilroy, Esc~re Att:orney for Defen~nt o And now this agreed to a division of Defendant's Thrift Savings Plan in their Property Settlement and Separation Agreement, it is hereby ordered and directed as follows: Ordered: Candice K. Case, Social Security No. 442-56-0184, of 3416 SW Regatta Drive, Lee's Summit, MISSOURI 64082, is awarded $19,505.00 as of December 4, 2002, from the Thrift Savings Account of Gary S. Case, Social Security No. 443-54- 6247, of 227 West South Street, Carlisle, Pennsylw~nia 17013. Furthered Ordered: Earnings will be paid on the amount of entitlement under