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HomeMy WebLinkAbout02-2819In the Court of Common Pleas of Cumberland County, Pennsylvania KARL H. KUNZMAN, Plaintiff, VS. JUDITH A. KUNZMAN, Defendant. No. 2002- CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania KARL H. KUNZMAN, Plaintiff, VS. JUDITH A. KUNZMAN, Defendant. ) ) ) No. 2002 - ) ) CIVIL TERM ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSEl.lNG TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9509 In the Court of Common Pleas of Cumberland County, Pennsylvania KARL H. KUNZMAN, ) Plaintiff, ) vs. ) No. 2002 - ~ ) JUDITH A. KUNZMAN, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by his attorney Michael S. Travis, respectfully represents: 1. Plaintiff is Karl H. Kunzman, who resides at 305 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, since August 1988. 2. Defendant is Judith A. Kunzman, who resides at 305 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania, 1701 l, since August 1988. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 29, 1969, in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Neither Plaintiff nor Defendant are in the Military Service in the United States Armed Serviced. Neither Plaintiffnor Defendant are within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendmems. 10. Plaintiffrequests the court to enter a decree of divorce. Count I Equitable Distribution 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to marriage, personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which is marital property subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to equitable division of said property. VOtEREFORE, Plaintiff, Karl H. Kunzman, respectfully requests the Court to divide all marital property equitably between the parties. ...... L ........... VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: Attorney for Plaintiff I.D. # 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KARL H. KUNZMAN Plaintiff, VS. JUDITH A. KUNZMAN, Defendant. No. 2002-2819 CIVIL TERM IN DIVORCE ~ ORDER FOR HEARING ANDNOW, this ~'} d~'-~ayof ~~}' ,2003, upon Petition of Karl H. Kunzman for Special Relief of this Court, a hearing is scheduled as follows: Jo KARL H. KUNZMAN, VS, JUDITH A. KUNZMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO../~ ,;~ - IN dIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT II - ALIMONY 1. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 2. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 3. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 4. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 5. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. matter. COUNT IV - COUNSEL FEES AND EXPENSE£ Defendant is without sufficient funds to retain counsel to represent her in this 7. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 8. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. S~m HcJ~L A nd'e~- Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ~i~t A. I~unzman KARL H. KUNZMAN, VS, JUDITH A. KUNZMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. 22 ¢1 IN DIVORCE _MOTION FOR HEARING ON REQUEST FOR ALIMONY PENDENTE LIT! AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court to conduct a conference at the Domestic Relations Office and, if necessary, a hearing on her claim for alimony pendente lite, as raised in her Petition for Economic Relief, a copy of which is attached hereto. Attorney for Defendant Supreme Court ID # 17225 525 N. 12th Street Lemoyne, PA 17043 (717) 761-5361 KARL H. KUNZMAN, VS. JUDITH A. KUNZMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE .DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT II - ALIMONY 1. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 2. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 3. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT I1! - ALIMONY PENDENTE LITr 4. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 5. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. matter, COUNT IV - COUNSEL FEES AND EXPENSES Defendant is without sufficient funds to retain counsel to represent her in this 7. Without competent counsel, Defendsnt cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 8. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation,, WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ~..~th A. I;(unzman c~ KARL H. KUNZMAN, Plaintiff/Respondent VS. JUDITH A. KUNZMAN, DefendanffPetltioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AcTIoN - DIVORCE NO. 2002-2819 CIVIL TERM IN DIVORCE Pacses# 295105557 ORDER OF COURT AND NOW, this 12th day of June, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on June l& 2003 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Ordex for Alimony Pendente Lite be entered. Note: This Petition will be heard at the same time as CID 379105484. warrant YOU are fu~her ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Retura, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you 1F you fail to appear for the conference or bring the required documents, the Court may issue a for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 6-12-03 to: Petitioner < Respondent Samuel Andes, Esquire Michael Travis, Esquire Date of Order: June 12, 2003 R. J. $fiadday, Conference Officer ' YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JUDITH A. KUNZMAN Plaintiff VS. KARL H. KUNZMAN Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-2819 CIVIL 295105557 ORDER AND NOW, to wit on this 18TH DAY OF JUNE, 2003 IT IS HEREBY ORDERED that the C) Complaint for Suppor~ or C) Petition to Modify or (~) Other ALIMONY PENDEAYPE LITE filed on JUNE 3, :too3 in the above captioned matter is dismissed without prejudice due to: AN ORDER OF SPOUSAL SUPPORT BEING ENTERED AND PLAINTIFF WITHDRAWING HER REQUEST OF ALIMONY PENDENTE LITE. C) The Complaint or Petition may be reinstated upon written application of the plaimiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Samuel Anclss, Esquire Michael Travis, Esquire BY THE COURT: KevinA.. Hess JUDGE Service Type M Form OE-506 Worker ID 21005 KARL H. KUNZMAN, Plaintiff VS. JUDITH A. KUNZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2819 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 10 June 2002 and was served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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. KARL H. KUNZMAN~' DATE KARL H. KUNZMAN, Plaintiff VS, JUDITH A. KUNZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200212819 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 10 June 2003 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 15 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date J~L~ITH A. KUNZMAN (-/ KARL H. KUNZMAN, Plaintiff VS. JUDITH A. KUNZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2819 CIVIL TERM 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. Dated: KARL H. KUNZMAN, Plaintiff VS, JUDITH A. KUNZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2819 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ,~DITH A. KUNZMAN¢/ KARL H. KUNZMAN, : Plaintiff : JUDITH A. KUNZMAN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 2819 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 7 ~ day of ~~ , 2004, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on December 9, 2003, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: Michael S. Travis Attorney for Plaintiff Samuel L. Andes Attorney for Defendant BY THE COURT, KARL H. KUNZMAN, Plaintiff VS. JUDITH A. KUNZMAN, Defendant IN THE COgRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 2819 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, December 9, 2003. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Karl H. Kunzman, and his counsel Michael S. Travis, and the Defendant, Judith A. Kunzman, and her counsel Samuel L. Andes. This action was commenced by the filing of a complaint in divorce on June 10, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. On June 10, 2003, a petition was filed on behalf of the Defendant raising additional economic claims of alimony, alimony pendente lite, and counsel fees and expenses. With respect to the grounds for divorce, the Master has been provided today with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties and dated December 9, 2003. The affidavits and waivers will be filed with the Prothontary's office by the Master's office so that when the case is finally concluded with a final agreement, and the Master's appointment is vacated, the parties will be able to proceed to conclude the divorce under Section 3301(c) of the Domestic Relations Code. The parties were married on August 29, 1969. Wife alleges that the parties separated in September 2002 and husband alleges that the parties separated June 13, 2003. There were two children born of the marriage, both of the children are emancipated. The Master has been advised by counsel that a stipulation is going to be placed on the record which will be specifically contingent on a final agreement with regard to a pension that husband has with TYCO. Consequently, the agreement may be abrogated in the even~t that cannot resolve the pension issues. However, issues are resolved satisfactorily, ccunsel may prepare the parties if the pension another agreement incorporating the stipulation with the pension paragraph included to resolve all issues. The parties can then sign the final documents and present two copies to the Master who will then prepare an order vacating his appointment. The file will then be returned to the Court for the purpose of having the Court enter a final decree in divorce. Mr. Andes. MR. ANDES: The parties have tentatively 2 agreed to settle the economic issues in this case on the following terms: 1. The cash proceeds from the sale of their former residence will be distributed so that wife receives $80,000.00 of those proceeds, husband receives $33,000.00 of those proceeds, and any balance of the proceeds will be divided so that wife receives 55% of -~hem and husband receives 45%. 2. Husband holds an IRA in his name alone with Metropolitan Life Insurance which con'zains the proceeds of his 401(k) with his former employer. The parties will divide and distribute the funds in that IRA so that wife receives $59,355.00 of them and husband receives $69,645.00 of them and any balance of the funds in that IRA will be divided so that wife receives 55% of 'zhem and husband receives 45% of them. It is the expectation of the parties that they will not require a court order or a QDRO to distribute the funds in the IRA but if such an order is required, the parties will cooperate to get it. It is the expectation of the parties that the distribution of these IRA funds can be made into tax deferred retirement accounts held by each of the parties without any income tax consequences. 3. Husband shall retain the policy of insurance on his life issued by Metropolitan Life, including its cash value, and his savings account which contains the proceeds of his Roth IRA. Wife's shall retain the policy of insurance on her life issued by Metropolitan Life, including its cash value, and her Roth IRA with Lutheran Brotherhood and each party waives claims to those assets now in the possession or name of the other party. 4. Wife shall retain the 1988 Chrysler and husband the 2000 Dodge Durango motor vehicles which they currently operate and the parties will make, execute, acknowledge, and deliver any title documents or other documents required to transfer or confirm the ownership of those motor vehicles by the other. 5. The parties will divide husband's benefits in the TYCO pension as follows: a.) They will divide his retire~nent benefits, commencing at the time he retires, equally so that each of 3 them receives 50% of the monthly payments due under the retirement plan. b.) Husband will elect and maintain a 75% survivors annuity for wife who will be the sole survivor annuitant. c.) The parties will arrange for wife to receive the surviving spouse benefit under the plan and to continue that after the parties are divorced. The parties will cooperate to prepare and obtain the pre-qualification by TYCO pension and its administrators of a QDRO to implement the terms of this paragraph. 6. Husband shall pay alimony, commencing with the first month after the date of the final decree entered between them, in the amount of $500.00 per month. The alimony shall continue until wife commences receipt of her share of the pension benefits from husband's account within the TYCO pension system. The amount and term of alimony shall not otherwise be subject to modification cr termination except by the death of either party. 7. Upon the entry of a final decree in divorce, neither party will be required to maintain the other as the beneficiary on their life insurance policies or provide medical insurance coverage for the other, and the order of alimony pendente lite previously entered in this case shall terminate with the proviso that husband shall be responsible to make the full monthly payment due for the month in which the final decree in divorce is entered. 8. Upon the entry of a final decree in divorce, each party may dispose of his or her property in any way and each hereby waives and relinquishes, to be effective at the time of the divorce decree, any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 9. The parties have previously divided to their satisfaction their household furnishings, appliances, and items of tangible personal property and each of the parties waives any claim to such items now in the possession of the other. 10. When final, this agreement shall resolve all the economic issues which have previously been raised or could have been raised in this divorce action including further claims for equitable distribution of marital property, further claims for alimony or alimony pendente lite, and claims for counsel fees and expenses. 11. This agreement is expressly contingent upon pre-qualification of a QDRO which will implement the terms and provisions of this agreement with regard to husband's interest in the TYCO pension. The parties have entered into this agreement on the basis of information provided to them by representatives of the TYCO pension plan administrators which include, among other things, a pension estimate which we attached to this stipulation and marked as Exhibit A, and other information about the surviving spouse benefit and the ability to have that continued after the divorce if properly mandated by a QDRO. In the event that the parties cannot obtain a QDRO that implements the terms and the provisions of the division of the pension plan as set out herein, each of the parties reserves the right to cancel the terms and provisions of this agreement and to enter into negotiations to resolve the remaining issues in a fashion satisfactory to both parties or to have the court address further issues in the case. THE MASTER: Mr. Travis, anything you want to add on the record? MR. TRAVIS: No. MR. ANDES: Mrs. Kunzman, you heard the longwinded talk I just gave? That is designed to outline the general terms of the settlement we reached today with the understanding that we have to get TYCOs participation to implement it, do you understand that? MRS. KUNZMAN: Yes, I do. MR. ANDES: And assuming that we can satisfy the contingency with TYCOs pension people, satisfactory to you? MRS. KUNZMAN: Yes. it? terms of the is that MR. ANDES: Do you haw~ any questions about MRS. KUNZMAN: No. MR. TRAVIS: Mr. Kumzman, have you heard the agreement as it was proposed and laid out as it relates to your personal property, real estate, all the other aspects of your divorce? pension, and MR. KUNZMAN: Yes, I have. MR. TRAVIS: Do you have any questions regarding the terms of that agreement? MR. KUNZMAN: No, I do not. MR. TRAVIS: And do you understand that it subject to the review by your pension department of the proposed QDRO? MR. KUNZMAN: Yes, I do. MR. TRAVIS: And are you satisfied with those terms? is MR. KUNZMAN: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 6 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: ~c~el S Travls Attorney for Plaintiff Attorney for Defendant DATE: April 7, 2004 ~dith A.~ K6nzm~Zn Pension Estimate NAME: Karl Kunzman SOC SEC #: 216-52-2392 PEN SVC DATE: 5/2/72 ESTIMATED MONTHLY PENSION INCOME FOR: EMPL 0 YEE'S OPT/ON STRAIGHT LIFE 25% JOINT/SURVIVOR 50% JOINT/SURVIVOR 75% JOINT/SURVIVOR 100% JOINT/SURVIVOR EMPLOYEE #: 4894 BIRTH DATE: 10/2/46 SPOUSE BIRTH DATE: 11/1/06 MONTHLY PENSION MONTHLY PENSION FOR YOU AS LONG FOR YOUR SPOUSE AS YOU LIVE IF YOU DIE FIRST $1,642.53 N/A $1,535.77 $383.94 $1,461.85 $730,93 $1,363,30 $1,022.48 $1,281.18 $1,281.18 7/18/46 5 YEAR PERIOD CERTAIN 10 YEAR PERIOD CERTAIN 15 YEAR PERIOD CERTAIN $1,624.47 N/A $1,571.90 ~l/A $1,496.35 N/A LEVEL INCOME OPTION:* PRIOR TO AGE 62: FROM AMP FROM SocIAL TOTAL SECURITY PER MONTH $2,599,14 $0.00 $2,599.14 AGE 62 & BEYOND: $1,418.14 $1,181.00 $2,599.14 *THIS FIGURE IS AN ESTIMATE USING CURRENT STANDARDIZEI;) SOCIAL SECURITY TABLES. *** CONTACT SOCIAL SECURITY FOR Your INDIVIDUAL FIGURES. *** 8/14/01 KARL H. KUNZMAN, Plaintiff VS. JUDITH A. KUNZMAN, Defendant ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO. 02-2819 CIVIL ) ) ) 1N DIVORCE ADDENDUM TO AGREEMENT OF DECEMBER 9, 2003 The parties hereto, agree to amend the Agreement of December 9, 2003, reached before the Divorce Master, as follows: 1. The Agreement is no longer contingent upon the pre-qualification of a QDRO from the TYCO pension department. In the event that the QDRO does not meet the requirements of the employer, the parties agree to implement such terms as closely approximate to the terms which they agreed to on December 9, 2003. 2. The parties will proceed to entry of a decree in divorce upon the signature of this Addendum by the parties. 3. Upon the entry of a Decree, the other terms of the December 9, 2003 will be implemented. 4. Cash proceeds may be disbursed under Paragraph 1 of the December 9, 2003 Agreement upon entry of a Decree in Divorce. Until such time, the funds shall remain in the trust account set up for the parties by counsel. above. The parties agree to implement such documents as are required to effectuate the Karl H. Kunzman, Plaint'f : ~i~h A. Kunzman, D~endant Date: In the Court of Common Pleas of Cumberland County, Pennsylvania KARL H. KUNZMAN, ) Plaintiff, ) vs. ) No. 2002-2819 ) JUDITH A. KUNZMAN, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF SERVICE I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. 7001 1940 0005 8709 7022, return receipt requested, by depositing the same in the United States mail on June 10, 2002, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on June 11, 2002. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. ~~ 4076 Market Street, Suite 209 Can~p Hill, PA 17011 (717) 731-9502 It~m 17 0 EXpm~ MAil r'l C.O.D. 7001 1940 0005 6709 71~22 Domestic Return Receipt 102595-00-M..0952 Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 KARL H. KUNZMAN, Plaintiff, ¥S. JUDITH A. KUNZMAN, Defendant. In the Court of Common Pleas of Cumber]rand County, Pennsylvania ) ) ) No. 2002-2819 ) ) 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 § 3301(c)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was mailed June 10, 2004, via United States Certified Mail, restricted delivery, return receipt requested to Defendant, which was received by Defendant on June 11, 2002, Affidavit of service attached hereto. 3. Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: by Plaintiff on.b~m'-307~03; by Defendant on _ 4. Related claims pending: Economic claims were settled by agreement before the Divorce Master on December 9, 2003, subsequently revised. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: /~et~'-~ ~' /o , 200_}_. Waiver of Notice in § 3301 ' rce was filed with the Date Defendant's prothonotary:/~to~'~°'~'~/~ ,200~_. ~-- '~Mi-chael S. Travis Attorney for Plaintiff IN The COURT OF COiVIlViON PLEAS OF CUMBERLAND COUNTY STATE OF _,,~.. ~ PEgNNA' _KARL H. KUNZMAN. pi ai ntiff ~ VERSUS JUDITH A. KUNZMAN~ Defendant. N O. 20{)2-2819 DECREE IN DIVORCE ' AND NOW, ~-~ I~ , IT IS ORDERED AND DECREED THAT Karl H, Kunzman PLAINTIFF, AND Judith A. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY- THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Settlement Agreement befor~ the Master on December 9, 2003, subsequently ATTEST: J ' ~~ PROTHONOTARY Karl H. Kunzman, Plaintiff, Judith A. Kunzman, Defendant. JUN 0 ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) No. 02-2819 ) ) In Divorce ) Qualified Domestic Relations Order - Defined Benefit Plan NOW, this ~day of~'~ 2004, ill appearing to the Court that: AND 1. The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number; 2. Karl H. Kunzman, (Soc. Sec. # 216-52-2392) hereinafter referred to as "Plaintiff' or "Participant," is employed by Tyco Corporation and is a participant in the Tyco Electronics Pension Plan; 3. Judith A. Kunzman, (Soc. Sec. # 168-36-6231) hereinafter referred to as "Defendant" or "Alternate Payee," has raised claims for inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa. Cons. Stat. Ann. §§ 3101 et seq.; 4. Plaintiff's current mailing address is 231 Francis Cadden Parkway, Apartment 202 Harrisburg, PA 17111; 5. Defendant's current and last known mailing address is 2117 Market Street Extended, Middletown, PA 17057. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. A portion of the aforementioned Retirement Plan is marital property subject to distribution by this Court. 2. The marital property component of the Retirement Plan is 100/100 of the projected status estimated monthly income. The portion to be segregated for the Alternate Payee, Judith A. Kunzman, is 50% of the Participant's projected benefit at age 65. The payment of benefits to the alternate payee will commence if, as, and when the Participant commences receipt of his benefits from the Plan. 3. Participant, Karl Kunzman, shall elect and maintain a 75% joint/survivor annuity naming Alternate Payee, Judith A. Kunzman as the sole surviving beneficiary. 4. -Should the Participant predecease the Alternate Payee prior to the parties' commencement of the receipt of benefits from the Plan, the Plan shall pay to Alternate Payee a survivor benefit equal to the benefit awarded to her in accordance with Paragraph 2 of this Order. 5. The plan to which this Order applies is the Tyco Electronics Pension Plan or any successor plan. 6. The Altemate Payee, Judith Kunzman, shall have the same rights with regard to her portion of the Plan as are available to the Participant, Karl Kunzman with regard to his remaining portion of the plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan. 7. In the event that the Participant receives any early retirement subsidy, that subsidy shall be paid in equal shares to the Participant and the Alternate Payee on the same date. In the event that future benefits payable by the Plan to the Participant increase, the increase will be shared equally, and paid in equal amounts, to the Participant and the Alternate Payee. 8. The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth in this Order; and 9. The parties shall promptly submit this Order to the Tyco Electronics Pension Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS iNTENDED that this Order shall qualify, as a Qmflified Domestic Relations Order under the Retirement Equity Act of 1984 and any successor acts or amendments. The Court retains jurisdiction to amend this Order as might be necessary 'to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. CONSENTED TO: Karl H. Kunzman,~laintiff and Participant ~th ,~ Kunzman, Defendant and Alternate Payee