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HomeMy WebLinkAbout07-0103LESTER L. GOUFFER, Plaintiff vs. SHARON K. GOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O7- 103 I!ZW 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 foregoing 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 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 1IY LESTER L. GOUFFER, Plaintiff vs. SHARON K. GOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a 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. ..1000 LESTER L. GOUFFER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 -10 3 SHARON K. GOUFFER, Defendant IN DIVORCE COMPLAINT IN DIVORCE C'tU?t C?T??-L AND NOW comes the above-named Plaintiff, LESTER L. GOUFFER, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LESTER L. GOUFFER, an adult individual who currently resides at 55 Hickorytown Road in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is SHARON K. GOUFFER, an adult individual who currently resides at 55 Hickorytown Road in Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents 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 10 December 1977 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Sam'`Oel L. A)4des Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: \-L\-07 LESTER L. GOUFFER v w ? r 1 r ° ? r a i ?j cn x.11 LESTER L. GOUFFER, PLAINTIFF VS. SHARON K. GOUFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-103 Civil IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, Sharon K. Gouffer, in the above- captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant. Date: 2 February 2007 Z.d.C_ Wayn F. Shade Attorney for Defendant Supreme Court ID # f 71 ^? ?--? ? C? - '? -r1 - ?'i ?_?7 r??- ? a -?? ?? r. _ ---° >__ `i •?? CV ., ? "S? LESTER L. GOUFFER, PLAINTIFF VS. SHARON K. GOUFFER, DEFENDANT PRAECI PE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-103 Civil IN DIVORCE Please withdraw Plaintiff's Complaint in the above matter and formally discontinue this matter, without prejudice. Date: 22 February 2007 uel L. A es Attorney for Plaintiff Supreme Court ID # 17225 rn LESTER L. GOUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 07-103 CIVIL TERM SHARON K. GOUFFER, Defendant : IN DIVORCE WIFE'S PETITION TO STRIKE DISCONTINUANCE AND NOW, comes Defendant, SHARON K. GOUFFER, by her attorney Wayne F. Shade, and files the following petition to strike Husband's discontinuance of the above-captioned proceedings: 1. Petitioner SHARON K. GOUFFER (hereinafter referenced as "Wife") is an adult individual and the Defendant herein who resides at 55 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent LESTER L. GOUFFER (hereinafter referenced as "Husband") is an adult individual and the Plaintiff herein who claims to reside at 100 Wedgewood Circle, Etters, York County, Pennsylvania 17319. 3. The parties had lived in Cumberland County, Pennsylvania, for their entire lives WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 until they were married in Cumberland County, Pennsylvania, on December 10, 1977. 4. On or about November 30, 2006, Husband told Wife that he wanted a divorce. 5. On December 8, 2007, Wife engaged her present counsel to represent her in the divorce. 6. The parties continued to live in Cumberland County, Pennsylvania, from the date of the marriage until Husband left the marital residence in February of 2007. 7. Husband's employer, who pays him approximately $150,000 per year and funds his pension accounts is located in Cumberland County, Pennsylvania. 8. At the time of the separation of the parties, all of the marital property was located in Cumberland County, Pennsylvania. 9. On January 7, 2007, Husband filed a Complaint in Divorce in this court that was docketed to No. 07-103 Civil. WAYNE F. SHADE Attorney at Law 53 West Pomfret Streel Carlisle, Pennsylvania 17013 -2- to. Husband alleged in his Complaint that both parties were living in the marital residence in Cumberland County, Pennsylvania. it. Husband's alleged grounds for divorce were irretrievable breakdown of the marriage. 12. On January 30, 2007, counsel for Husband asked counsel for Wife to extend the courtesy of accepting service of the Complaint in Divorce. 13. Promptly thereafter, on February 2, 2007, counsel for Wife voluntarily accepted service of the Complaint in Divorce on behalf of Wife. 14. On February 22, 2007, Husband withdrew his Complaint in Divorce in Cumberland County, Pennsylvania. 15. On March 15, 2007, the parties consummated a written agreement for payment of WAYNE F. S14ADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 spousal support by Husband to Wife that was negotiated through their respective legal counsel, the offices of both of whom are located in Cumberland County, Pennsylvania. -3- 16. Any proceedings for enforcement or modi 6cation of spousal support will be in Cumberland County, Pennsylvania. 17. On April 12, 2007, Husband filed a second Complaint in Divorce, this time in York County, Pennsylvania, that was docketed to No. 07-FC-676-Y02. 18. Husband's alleged grounds for divorce were, the same, irretrievable breakdown of the marriage. 19. Wife has not been employed for years. 20. The Divorce Code provides in 23 Pa.C.S. §3102(a)(6) that it is the policy of the Commonwealth of Pennsylvania to effectuate economic justice between the parties and to insure a fair and just determination and settlement of their property rights. 21. Wife avers that the added emotional and financial expense in her being required to defend this action in York County, Pennsylvania, would be inequitable as an unnecessary WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- hardship upon her that could easily be avoided by the striking of Husband's discontinuance herein. 22. Under the provisions of Pa.R.C.P. 229(c), a discontinuance will be stricken where it subjects a parry to unreasonable inconvenience, vexation, harassment, expense or prejudice. 23. A continuance of divorce proceedings will be stricken where it is entered for tactical reasons to bring another action in another jurisdiction. LeFever v. LeFever, 30 Pa. D.&C. 2d 553 (Delaware 1963). 24. Wife believes, and therefore avers, that, where all evidence concerning the divorce is located in Cumberland County, Pennsylvania, where both counsel are located in Cumberland County, Pennsylvania, where the pailies consummated a spousal support agreement in Cumberland County, Pennsylvania, and where Husband filed a second complaint in divorce on the same grounds in York County within seven weeks of his discontinuance of this case, and which would require Wife and her counsel to make a seventy mile round trip for all court proceedings, the only reasons that Husband would WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- have had for discontinuing this case would have been tactical and to prejudice Wife by imposing upon her unreasonable inconvenience, vexation and expense. 25. Wife has asked Husband to agree to withdraw his continuance, but Husband has declined to agree. 26. This case has not been assigned to a judge. WHEREFORE, Wife respectfully requests that your Honorable Court issue a rule upon Husband to show cause why his discontinuzince should not be stricken. 11.1olvor,c 14-e-4`7" ayn F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- The statements in the foregoing Petition w-e based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. Date: May 1, 2007 -Anuan k. -Ioi i L n Sharon K. Gouffer ill WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 6 LESTER L. GOUFFER, Plaintiff V. SHARON K. GOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of May, 2007, upon consideration of Defendant's Petition To Strike Discontinuance, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, July 16, 2007, at 3:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. /amuel L. Andes, Esq. Attorney for Plaintiff Rayne F. Shade, Esq. 1 Attorney for Defendant rc BY THE COURT, 01 :Z ?.!n 1 1 ?. 'W L 0Z LESTER L. GOUFFER, ) Plaintiff ) VS. ) SHARON K. GOUFFER, ) Defendant ) ANSWER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM IN DIVORCE AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following Answer to Wife's Petition to Strike Discontinuance: 1. Admitted. 2. It is admitted and by way of further answer, Plaintiff affirmatively states that his residence is at 100 Wedgewood Circle in Etters, York County, Pennsylvania. 3. Admitted except that Plaintiff has resided in York County since February of 2007. 4. Admitted. 5. Plaintiff does not know when Defendant engaged her present attorney because that information is within the exclusive control of the Defendant and so Plaintiff denies these averments and demands proof thereof at a hearing. 6. Admitted. 7. Admitted in part and denied in part. Plaintiff's employer maintains offices at the eastern end of Cumberland County but operates its business throughout various portions of central -1- Pennsylvania. By way of further answer, Plaintiff states that information from and regarding his employer is as available in York County as it is in Cumberland County. 8. Denied as stated. Although the parties' residence and household furnishings were located in Cumberland County, their financial assets were not all located in Cumberland County. 9. Admitted. By way of further answer, Plaintiff states that he was aware that Defendant was represented by her present counsel at the time the complaint was filed. Defendant also states that the Cumberland County action was subsequently discontinued in February of 2007. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied as stated. The parties exchanged proposals and counter-proposals regarding the details of their support agreement through their attorneys but the parties themselves reached that agreement and did not do so in the offices of either of their attorneys. 16. Denied as stated. An action for spousal support can be filed, under the law of Pennsylvania, in any one of several counties. An action for alimony pendente lite, an action for alimony, or other actions between the parties relating to their divorce can only be filed where the divorce action is now pending. 17. Admitted. 18. Admitted. -2- 19. Admitted. 20. No factual answer is required to the statements in this paragraph because they merely cite the Defendant's conclusions of law. To the extent that a response is required, Plaintiff states that economic justice between the parties can be done as well in York County as it can in Cumberland County and that there is nothing special or unique about the courts of this county that require this matter to be litigated or decided here. 21. Denied. Plaintiff is not aware of any additional "emotional expense" that his filing the action in York County has or will cause Defendant. He does not believe that there will be significant financial expense to Defendant if this matter is determined in York County because he is hopeful that formal hearings before the court will not be necessary. To the extent that Defendant's counsel is required to travel to York for any proceeding, the expense will be no greater for Defendant than the expense to Plaintiff if his attorney were required to travel to Cumberland County for proceedings at the court house. This matter should not be decided on the basis of the convenience of counsel for the parties. 22. No factual answer is required to the statements in Paragraph 22 because they merely state the Defendant's conclusions of law. To the extent that a response is appropriate, Plaintiff states that his discontinuance of the action in Cumberland County does not subject Defendant to unreasonable inconvenience, vexation, harassment, expense, or prejudice. Plaintiff filed his second action in York County because that is where he resides and he is entitled to bring the action there. His intention was not, and is not, to cause Defendant inconvenience, vexation, harassment, expense, or prejudice. -3- V, 23. No factual answer is required to the statements in this paragraph because they merely cite the Defendant's conclusions of law. To the extent an answer is appropriate, Plaintiff denies that his action in York County was filed for any "tactical" reason or advantage. 24. Denied. Plaintiff did not file his York County divorce action in an effort to inconvenience Defendant or her attorney and denies that convenience to Defendant's attorney is a reason or justification for striking the discontinuance he properly filed. Moreover, it is not more inconvenient for Defendant to travel to York County for any proceedings in this case than it is for Plaintiff and his attorney to travel to the court house in Cumberland County for such proceedings. None of the evidence, witnesses, or exhibits in this case are available only in Cumberland County and all of them can be as available in York County as in Cumberland County. 25. Admitted. 26. Admitted as of the date the petition was filed. WHEREFORE, Plaintiff prays this Court to dismiss Defendant's Petition to Strike Discontinuance so this matter can properly proceed, if it must, in York County. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 -4- I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). DATE: Nzajz?? , t A3-t L N - -11 LESTER L. GOUFFER -5- CERTIFICATE OF SERVICE I hereby certify that on 14AC 2007 I served a copy of the foregoing document upon counsel for De ndant by O.S. Mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 4?1 Q- - Samuel L. An es Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 -6- cm cz:? m N U LESTER L. GOUFFER, Plaintiff vs. SHARON K. GOUFFER, Defendant ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM IN DIVORCE AND NOW, this , day of 2007, upon the agreement of the parties through their counsel, our order of May 11, 2007, and the schedule set forth in that order, are hereby vacated. We will enter a new order setting a new schedule for the proceedings in this matter upon the request of either party. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, P.O. Box 168, Lemoyne, Pa 17043 Wayne F. Shade, Esquire (Attorney for Defendant) 53 West Pomfret Street, Carlisle, PA 17013 RY THE (-01 IRT ,?,}??' i?•' ,.eye<?-of?? 0 Z % ! 1Pj C 9 ?I F LUZ 'Hi ?o of ii i? LESTER L. GOUFFER, Plaintiff V. SHARON K. GOUFFER Defendant ?I TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for the Defendant, Sharon K. Gouffer. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Wayn . Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Sharon K. Gouffer, in the above captioned case. Respectfully submitted. SAIDIS, FLOWER & LIN IS, NLOWER?ERR & LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay quire Supreme Cou No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: // -J? 7 d etc C:D ?- sty L9'ti N LESTER L. GOUFFER, Plaintiff VS. SHARON K. GOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for the Defendant Sharon K. Gouffer in the above matter. Please withdraw all economic claims previously filed on behalf of the Defendant in this action. 12 / f 6e Date: l Carol J. Lindsay I Attorney r Defendan Supreme Court ID # 26 West High Street Carlisle, PA 17013 (717) 243-6222 `" _ a w t 4, Q LESTER L. GOUFFER, Plaintiff VS. SHARON K. GOUFFER, Defendant STIPULATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM IN DIVORCE AND NOW come the above-named parties, by their attorneys who represent to the court that they are authorized to enter into this stipulation on behalf of their clients, and stipulate and agree as follows: 1. The Complaint in this matter previously filed by the Plaintiff Lester L. Gouffer shall be reinstated. Plaintiff hereby withdraws the discontinuance of the action and the Complaint which he previously filed and the parties agree that this action can proceed as if that discontinuance had never been filed. 2. Upon the reinstatement of this action, the Petition of the Defendant to strike Plaintiff's discontinuance shall be denied by the court. 3. Both parties acknowledge that they have reached an agreement which resolves all of the economic issues in this case and that they shall, by Praecipe, withdraw all economic claims previously made in the case so that the parties can file Affidavits of Consent and the other documents necessary to conclude a divorce by consent promptly after the filing of this Stipulation. 4. The parties stipulate and agree that the court shall enter, and the parties jointly request that the court enter, the attached order. I L. An Attorney for Plaintiff Carol J. in Attorney for Defendant ?-n ' ~ r rn Y LESTER L. GOUFFER, Plaintiff VS. SHARON K. GOUFFER, Defendant FEB 0 5 2008 A4'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM IN DIVORCE J ORDER OF COURT AND NOW, this S day of i?t L 12008, upon the stipulation of the parties' counsel, we hereby order and decree as follows: 1. The Plaintiff's Complaint in Divorce in this action is hereby reinstated by the agreement of the parties. 2. Because of the reinstatement of that Complaint, the Defendant's Petition to Strike Discontinuance is denied. 3. The parties shall conclude the divorce at their convenience by submitting the necessary consents, waivers, and other documents to the Prothonotary. Distribution: VbuSamuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Carol J. Lindsay, Esquire (Attorney for Defendant) 26 West High Street, Carlisle, PA 17013 COf cPx MW a/s?os 1? 1iJ,` t t,- __i 1 1 Gf T??./ a S ? 'pl WV S- 833 00OZ ltt r? v! Yvi iii a^d 3HI ?O LESTER L. GOUFFER, Plaintiff VS. SHARON K. GOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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. 91 b. ?i X U11 t Dated: LESTER L. GOUFFER rqt c'--r ? C"?? 'T' ' ? 'f yyyy S? ' .... ? {°._' 7? ?? _i. a ... t-. ... ?? ? 1y, }?? ?! u LESTER L. GOUFFER, Plaintiff VS. SHARON K. GOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-103 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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. alzd?w k_ SHARON K. GOUFFE r? ? ? c1 ,'.. M _ ? V? « CJs ?.. ' f S LESTER L. GOUFFER, Plaintiff VS. SHARON K. GOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,j PENNSYLVANIA CIVIL ACTION - LAW I NO. 2007-103 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for e of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of 5 Plaintiff's counsel indicating service on or about 2 February 2007. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 6 February 2008 By Defendant: 21 January 2008 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 6 February 2008 and filed on 19 February 2008. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 21 7anuary 2008 and filed on 19 February 2008. Date: 25 f6 2-00? 'amuel LYAnd'0 "` Attorney for Plaintiff _ •INN) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LESTER L. GOUFFER, Plaintiff No. VERSUS SHARON K. GOUFFER, Defendant 2007-103 CIVIL TERM DECREE IN DIVORCE _ L Z ?7 2008 AND NOW, k-e- IT IS ORDERED AND LESTER L. GOUFFER DECREED THAT AND SHARON K. GOUFFER ARE DIVORCED FROM THE BONDS OF MATRIMONY. . PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COU ATTE$It: L"'7 v J. PROTHONOTARY .. - _ ' Lester L. Gouffer Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Sharon K. Gouffer NO. 2007-103 Civil Defendant QUALIFIED DOMESTIC RELATIONS ORDER FBI I I =or I 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502. 3. This QDRO applies to the Liberty Excavators, Inc. Retirement Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Lester L. Gouffer ("Participant") is a participant in the Plan. Sharon K. Gouffer ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Lester L. Gouffer 100 Wedgewood Circle Etters, PA 17319 Social Security #: 194-42-8168 Date of Birth: October 29, 1954 are: 6. The Alternate Payee's name, mailing address, Social Security number and date of birth Sharon K. Gouffer 55 I ickorytown Road Carlisle, PA 191018 (-1 cU I S - q 7 22. Social Security #: 191-42-9036 Date of Birth: May 11, 1956 C17 C..y > ZZ cv iZ L to V c?? QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is 55% of the Participant's vested account balance accumulated under the Plan as of February 1, 2007. The Alternate Payee's share of the benefits shall be allocated on a "pro-rata" basis among all of the accounts and/or investment funds maintained on behalf of the Participant under the Plan. The Alternate Payee's share of the benefits shall be credited with any investment income or losses attributable thereto from February 1, 2007, until the date of distribution. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this order is deemed to be a.QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. QDRO Page 3 In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. QDRO Page 4 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this day of r' , Zook ?'?. CONSENT TO ORDER: -d - 01- -Lot?- ?- Plaintiff/Participant Date r ey for aintif / Date Participant AL n nv, K. I L Defendant/Alternat ayee Date 1 ?. Attorney for efe dant/ Date Alternate Pa BY THE COURT