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Home My WebLink About94-04299 J 1 -j JI 1 // I I J E: <- I~ ] I , . ~--~------~~-~~~-~~~~---------~ 8 ~~- - ~ . . $ 8 8 8 . e 3 e ~ e ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNA. E.LMERS ,,1<A.tlFFMAN , 'I 'i N 0, ~"~::~,~,~!1,,,,,,,, !;Al!lL.., 1994 ," . 8 , ~ 8 . . 8 e 8 8 8 ~ $ ~ !J 8 . . 8 " ,Plaintiff Vel'SUB DORl,S J. ,1<A.tlFFMAN. " ~ w ~.~ ,', * , ." ~ ,.~ ~ ,', ~ w ',' ~ ',' w ',' ~ ',' ~ ~ ',' ~ Dy ThUe ~;~r1tl:01 j[" ::: V.... tuf! i* $ , ". Vc-o ~ ,.~ I"}, fr.' I". $ Allesl: : ,<<,~( [' r. ~~ J. :~ ~ /} : ~f~lL A< Jdk, f:H : ~ ~ Prothonotary i: ~---,.."..__. -"!_--..--""""""."'-.""."""... ,"---......- ,... .'~ :~~~~**ro~**_~_******~****.*ro~~-~. ~.~ ~ Def.endant " e e e DECREE IN DIVORCE ,', ~ el ~ .; ~ '=' AND NOW",., )\:'br.J.., ,'P",."".,. 199,5""., It is ordered and decreed that ..,..""... ,E.~I1)E!" ,~, ,1S'!l!f.f.l!"!'!. .. , . .. , , .. .. .. , , ", plaintiff, and,...,...,..,....".." ??~~:" ~:. ~~!'~~!l'~!l..""""......... defendant, are divorced from the bonds of matrimony, ?- ~ ... W <:, 8 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; ~ ." ~ ~ <:, s None . ..... 0'.. ............ .... .... ........ ...................................., $ w '.. . .-..... .... .... .... ...... ............................... ~ " ,', ~ ~ C4fd lI1iJk1 ~ 12~ JfO/~5 ~ 1va...Pu ic ..5. a~ 40/f5"" ELMER S. KAUFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-4299 CIVIL TERM DORIS J. KAUFFMAN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Certified mail, return receipt requested (P819 583 430) attached hereto as ~- Exhib'it "A", postage prepaid. ~. (Complete either paragraph (a) or (b): "' (,A) Date of execution of the Affidavit of Consent required ...~ by Secj:ion 330l(c) of the Divorce Code: .:V tV By the Plaintiff: December 14, 1994 By Defendant: December 14, 1994 (B) (1) Date of Execution of the Plaintiff's Affidavit required by Section 330l(d) of the Divorce Code. (2) Date of Service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: NONE. 1, ) 1,1;l/ Robert C. Saidis, Esq. Attorney for Plaintiff _'.'_Pfl~"",~.,.I. , ~---'- ' ' 1.~:t-'f~~~~i~+t Ifu F: 10." All 'IS . OF fHE ~/j'OFF'OE CU~~~~'~{€A~~tW " . "",- '-f-'.__,,-' ':'.: f'l j'( -~~ . ,-j.t ~ " ';;~: .'/'1 . ~' " . F ,~~ _.'.~ 'd , jN~t: . "t\~:~f' tfl:~l}? I;~;,~,' {;~,~~:~~.~. d~~'C ~, '-":' t; "'_~ t,", , f::\;" ~": ','. .',' f> !-Of' '1'-:":;' ;t-,. "- <<', ~ )' ~~}h:- 'f'.. ~; .. ,:'.:. " ,~ , -;, ;'7. ':,_:' 7;~:--.";"~~-C::'-~.=^':':X-''-' "'y,'ii _.,j:,-' ",Ji "--".', . -...." " "; ',~'~-r~~'~. ". ';:~~ , ~~ 'j .} '.'" :,: ,', f. -", "' )1' , \ " {" \~:' .t,- "~ . I " " " , . II' -, , ; '.:::-;'" '" -""','-"'--;' .,-:. - . J _'~ '.i' t'" ," ~:, , t . '7>J .'>,_..' ~ . ~ . , . .. . . ~"!,'t.~;i'" ",--",:~, ,," ;sF; .. ~ '" ... en :c: e., L-, \ . \ ' .J o"f) "') ~ ~ IS.~ ........., .......... ~~ ..... ;!z ....0:::101 U:ae:~- ~Of"= ...Z~~ ?t.:;:c~ n .~~' :1..... .: '-- lZ'.:r '41'41:1:' '-. ,._l"r,)W r: ;.tWo. ,..'" 0'" ~ ~ ~ - - g - ~ < - 1Il< <> ...0 rol..:! ..:! >< ~ Ou l><1Il I'"l z~ rol I'"lrol Zu o rol E-< O~ ~l>< ~ .jJ H> .... E-<H o ..> .. .... I:: ue U>< H ~ .. III rol r..E-< U ..t ~ .jJ 'tl lIlrol O~ I:: I:: ~= E-<O r.. ..-i r.. Q) rolE-< r.. III .... ~U ::I r.. Q) Or.. .-i ::I ::Ie ;Z l>< < e ZO Oz , ~ ::I u< > - rol o-:l I . . E-<'tl 1Il ~ z- =~ ... H... E-< rol '" ~ 1Il <0 Z ~ . fEJ o-:ll'"l H l><1'"l H::I 0 o-:l ~ :E UZ rol 0 O~ e UO ~ ., -. ~ ""'- ~ -- ,...... t""- V, o ~ ~ N") - ~ ~ --n ..n '0 ~~ ... \"'- t<) Q Z < .:l ... rn ~a 8 ~~!tl~~ IE ~><~~~ oQlin5~f: ~ 8 . - .c :5 ;J~~~~ , ~l1.~:io vi l!'l~iE ... u Q ... < rn . . . - ELMER S. KAUFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- I;- }f7 CIVIL TERM v. DORIS J. KAUFFMAN, Defendant 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, High and Hanover Street, Carlisle. 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. Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 ELMER S. KAUFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94- CIVIL TERM DORIS J. KAUFFMAN, Defendant IN DIVORCE COMPLAINT UNDER SECTION 33011cl OR 33011dl OF THE DIVORCE CODE 1. Plaintiff is Elmer S. Kauffman, who currently resides at 713 Allison Avenue, Mechanicsburg, Cumberland County, Pennsylvania since May 1, 1994. 2. Defendant is Doris J. Kauffman, who currently resides at 701 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania since 1982. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 16, 1969 in Camp Hill, Cumberland County, Pennsylvania. SAIDIS, GUIDO, SHUFF & MAS LAND 26 W, High S'n:<1 ClU'lisle.PA 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of I marriage counseling and the Plaintiff may have the right to , request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the [I Court to order counseling. ,I II 7. The marriage is irretrievably broken. r WHEREFORE, Plaintiff requests Your Honorable Court to enter il " a decree in divorce. Ii 'I I[ 'I !! SAIDIS. GUIDO. SHUFF & MASLAND 26 W. High Sll'tcl eMUsle. PA COUNT II 8. The allegations in paragraphs one through seven, inclusive, are made a part hereof and incorporated herein by reference. 9. The plaintiff alleges that in violation of her marriage vows, the Defendant has over a period, in Cumberland County, and other places offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. 10. This action in divorce is not collusive. 11. Neither party to this action is a member of the armed forces of the United States of America. WHEREFORE, Plaintiff prays Your Honorable Court to enter a decree of divorce. COUNT II I EQUITABLE DISTRIBUTION 12. The allegations in Paragraphs one through eleven inclusive, are made a part hereof and incorporated herein by reference. 1 I II II real and personal, during their marriage. I, Ii Ii iI II i! 13. Plaintiff and Defendant have acquired property both WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and to order an equitable distribution thereof. ~ submitted, .... 71. . Robert C. Saidis, Esq. Attorney for Plaintiff { ELMER S. KAUFFMAN, Plaintiff : IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTYj PENNSYLVANIA . . I NO. CIVIL 199 v, I DORIS J. KAUFFMAN, Defendant IN DIVORCE APFIDAVIT I, Elmer S. Kauffma~ bein9 duly iWorn according to low, depose and soy: (1) I hove been advised of the availability of marriage counsellinq and understand that 1 may request that the court require that my spouse and I participate in counsellinq, (2) 1 understand that the court maintains a list of marriage counselors in the prothonotary's Office, which list is available to me upon request. (3) Beinq eo advised, I do not request that the court require that my spouse and I participate in counsellinq prior to a divorce decree being handed down by the court. 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: 7" 7f/ I~ tf~tU.~~~ Elmer S. Kauffman , aintiff SAIDIS; GUIDO & MAS LAND 26 W, Hllh S"..I Corllll., PA SAlOIS, GUIDO " MASLANI) 26 W, Hlah StrCCl Carll.I., PA VERIFICATION I veri~y that the statemente made in this Complaint are true and correct. I understand that false statements herein are made subject to the penaltiee of 18 PI, e.s. Section 4904, relatin~ to unsworn faleification to the authorities, DATEO: '7,7~ '7't d~f~.d" /~"'a-e/ ~f . ~ I f r ,... '" ----'....: ELMER S. KAUFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-4299 CIVIL TERM DORIS J. KAUFFMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT (1) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on Au)' v.11 I) 19<7,/ (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (3) I consent to the entry of a final decree of divorce. (4) 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. 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: fvl(-\,\<~l III \Qlcrt( J DEe N /2 5, f'ij 'sq I, II', Of ~;-,~! ' _"_:' II~l CII\"" " ,'0\ J>.." . ,( {~ " .. - 't..i"' _, "'i" I ....~_." '"." 0,' -il f' t' . ;\,.~ fl ~-,~/"4' I . ~",,,.--- ~-....- -~ "<--"._-- .- ,._-'-_....-~-.,.""...._~.,~--....._~ :-~..., << , " \. . ,I "" II" ." 1 , , ."-..,. , . . ,,- .~ . - --......~~:' . (1) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on A..:sus.\ 111'1<1'/ (2) Defendant acknowledges that service of the Complaint was made by certified mail on A vOl u F 3 I \ct<q'/ (3) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (4) 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. (5) I consent to the entry of a final decree of divorce. (6) I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. (7) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. Being so advised, I do not request that the Court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the Court. 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: 1;(. /'/- 'i 'fa/ita L) 1,rt:(I-/-..l.4'<~t/ , Dori~ J. Kauffman, Defendant ELMER S. KAUFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-4299 CIVIL TERM DORIS J. KAUFFMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT TO DIVORCE i'.' -'..' t" ..,.. " ;':'-. , ", ".- ...t. ;.:., { ,--" .\' 'r.,"": .', .-,; ''"'', L~-'- ,', ~ .:- ~ , :'),1: I 'I I' ,\ ,>: " Dee I~ .i,i IZ 59 l'~ '9~ , ;ILL':~~'f-iICI Of 1!1!' P'H''-ilu~~I'''''Y' CUH1;!P.LAlitI O('.~IHY l'ENhSYlo',\UiA . ,.1 I.. .. t J' """''';- to' .! ..... " '-1; .. II' ,1, , , ~'tt , ~ ".l~-,.yy; ,,> ;"', ,;,~ 'If " -" ',;',< , <'; , ,.:, .4,-, ,< 'II .., > -- ...,"''',' :,,' dy,"~"'~i' ~: :~_;',f-;~~'f,<- ~..i- , .;r~~.} .-f:, ,"" ", " / "'. ,'.' ',:'-:;/,' , ",' ~ , .' . " u .' .. . . . II ..\.-,:,"~~ ," 1" SAlOIS, GUIDO, SHUFF & MASLAND 26 w, Hlab SIReI Carlisle. PA ELMER S. KAUFFMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4299 CIVIL TERM IN DIVORCE v. DORIS J. KAUFFMAN, Defendant ACCEPTANCE OF SERVICE I, Samuel Alldtls, hereby accept servictl of the petitiun for Special Relief and Order dated August 30, 1994 on behalf of the Defendant, Doris J. Kauffman. ~~ DATED: %S~ , , ~...- -~~ ',~''''''' ,~ " 1 [ r \ ;, " ::0~~, .'" ,'I \ ",-' ".........,-..~, ,__~:~:_->!""",<:J, .",,,-~~:,~-"~1f'::''.:~;;:z:- SE' 16 2" 57 PH 'StI, fl', ~;;'IJf"'Cf OFf/IE r"'0TIIO/lOr.v,y CUIlUR'~I/O OCUlay PENNSYLVANIA '.' i:;. " " , . " . ... "::.-f'1'''~'> ';-\~;.'j;,~~- II' . l"'fI 'q't .. ";' _-t~ :"!'''!ff~ i;, - ; r . , .-', . ;"'" :":/i~\,_,"" :;:-':-: It', :<;~ ~f'~~:: . . . ~ ,}, - ; " , . it.': <# . 'iii, . d ..' ~ . . - ~~.. -" ",';"- , , ", '.,,-___~..-'4l:..,"r~ "; :..-~~~;~!~~~~)~22t~7\~-t~\~;' j ,:' }~;~: \;.'.~ ";;(:;;;'-'Y~rr~~~!~~~iti.~11:~ D' ,-;>,::",-~,;""":-'. -.,',' "0,',;.-:, :>-: ~,".." . I : ~ -'. . ;~l ~~ -: ':5\""''''' .:.J:o.,l~,' """"'~~\:::'(<\."'~~'~\l , . ., " . , ",~,", , " ' ' "lilllG'wIIII :tol............'lht',e';" ,1~._ , .;.'.1nd/Of2.fofedlldonll....... .....,: _ r " J~.l'~',~r . ~J.c'h'l !i~,IIom".~.......GIAi~ . ~ .~f~~j(" ';;'_,.r~;:~ . 'j ,'- .. ',' ._"~~-:.. . .,(<~:-,';~:\:~~'I:,~,."!~,l~,~;;~;;~~r?) ,jlllioh tHo~~ll!'!- ,"""., IIlo _, 01 0Il1llo _....... .1. q"dd,.....~.~F,':,,:';'[1 i...,~=ftl,;~tlloquootod"OIlIllo__-...._......... 2, jjcRI~ 1)~;ii;,!~~;11 ,___'...........,.YOOIlIlooltlNt....,IIlo_ . " . "", "'<"'. I, .....IIlo_.' '" ,. ConlUIt rfol'....,;"!.;'; I,' .""nlclI Addllllld to: 41. ArtlcIl Number " ' "A ttoj" .iI,~;,Dor1s J. Kauffman P819 583 430 ,i f~'rn;l~~Ai~~~~~~; :ili 7~~;d g'~=~~YPI g ::od, ' ;~:"<,' ;.' . 0 Exp.... Mill Rltum R_lpt 'or, lJ/3':'::r, 'r.':~;' r-:,c~t~/. >if_~/: ~ .. ,7. Date: l~-,}~~!i';:'~',\if~,'t.':" I lXEJ; B, Add. r;~:~~';; ~ ~, and f 'c"f_!l.- ,BlQn_lAgontl i,;\t~K~:~;;~\;<,~j .~::.<; i;'\' PlIJ'orm tj.;'.~fgF~-'f~~i:;,;" . .... I';" 91/- ~.J9'l ..,- ~ .,.-" ~~ = -... "" .-,,," ::J..:: ~ <;... ,\,) '\": :, i ~ 'i.,:"~~t; " ".. ~ ;!.~t,;~,,-~{~ .'...,',.:}>:,; .. -;'-','j RN RECEIPT', .. I " ~!.:.::?<~?}:~i~ . U.I. GPO: 1.1-111_ EXHIBIT "A" HAR 6 /0 ~o 4H '95 f 'I. [:. OffiCE OF hjl :",1rrlOH~TAf,Y CUMH:Fl;!1D C0l'1fY F~tl"(.n'''!'l'.1 ~ fi " -~.. .~~.. r 1 .. --- l ...,...,:~--. , ..' " /. ~.r.:w>,,,,.~,,~....~<- , v. I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ELMER S. KAUFFMAN, Plaintiff DORIS J. KAUFFMAN, Defendant NO. 94-4299 CIVIL TERM ORDER OF COURT AND NOW, this ~~~ day of December, 1994, upon consideration of the stipulation of counsel and the parties reached in open Court and dictated in the presence of the parties, the stenographer is directed to transcriEe the notes of testimony with respect to the stipulation. The notes of testimony shall be attached to this order and the terms of the stipulation are accepted and approved and made an order of Court~ provided, however, that the Court does not have the authority to force a party to sign an affidavit of consent. BY THE COURT, ,I'. /" I /)/ , " Jr., J. Robert C. Saidis, Esq. Attorney for the Plaintiff Samuel L. Andes, Esq. Attorney for Defendant :rc ',' ,.,.., ' : . ~.~-. ; " L \.' . ~ ,\. I , 1.' ....j h':;>lI..{:">, -, ~..J.;!"-' " ELMER S. KAUFFMAN, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . v. . 94-4299 CIVIL TERM . DORIS J. KAUFFMAN , . . Defendant IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF COLLOQUY proceedings were held before the HONORABLE J. WESLEY OLER, JR., J., CUmberland County Courthouse, Carlisle, Pennsylvania, in Courtroom Number one, December 14, 1994. APPEARANCES: ROBERT c. SAIDIS, Esquire For the Plaintiff SAMUEL L. ANDES, Esquire For the Defendant 1 December 14, 1994 2 Carlisle, Pennsylvania 3 4 (Whereupon, the following proceedings were 5 held.) 6 THE COURT: This is the time and place for a 7 hearing on the Plaintiff's Petition for Special Relief. 8 Mr. Saidis. 9 MR. SAIDIS: Yes, Your Honor. We've reached 10 an overall agreement in this case, which we would like to 11 place on the record, with our intention that it would be 12 legally binding as of today as to the terms placed on the 13 record. Mr. Andes and I also contemplate that we would have 14 a more formal property settlement and separation agreement 15 that we will be able to agree to the actual wording. If 16 not, what we place on the record will be binding. 17 THE COURT: All right. 18 MR. SAIDIS: And with that said, the 19 agreement that the parties have reached is one that the -- 20 THE COURT: Well, first do you want me to 21 make this in the form of an order? 22 MR. SAIDIS: Yes, this would be our 23 stipulation. 24 THE COURT: Well, why don't I dictate the 25 preface to an order and then you can dictate the terms of 2 1 the order. 2 MR. ANDES: I wonder, Your Honor, it -- I'd 3 like to hear Mr. Saidis's comments on this. I think it 4 would be more appropriate to put it on as a stipulation with 5 the expectation to have an agreement. If in the event we 6 were to have the n~ed for an order, we will come back to 7 y'ou. Maybe we are quibbling about semantics. We are not 8 asking you to order these people to do these things at this 9 stage. 10 MR. SAIDIS: I don't want to quibble either. 11 This is our stipulation. If the Court can approve and 12 confirm that as the agreement of the parties, that would be 13 more acceptable to us. I don't want to get caught up in 14 semantics either. 15 THE COURT: And that's as an order of Court? 16 MR. SAIDIS: That would be acceptable. 17 THE COURT: All right. Mr. Saidis. 18 MR. SAIDIS: Number one, the parties' burial 19 lots at the Tri-County Memorial Gardens would be conveyed 20 from husband and wife to wife. 21 Secondly, neither party would pay any alimony 22 or spousal support to the other. 23 The personal property located at the marital 24 residence, with the exception of the tools that are boxed in 25 the shed, the snow blower and the riding lawn mower, would 3 ,. 1 be the property of the wife. The items just mentioned would 2 be delivered to the husband. 3 The intangible personal property being wife's 4 I.R.A. at Dauphin Deposit and husband's life insurance 5 policy with state Farm will be released to wife. Husband 6 would retain his I.R.A. at Dauphin Deposit, and any other 7 tangible bank accounts titled in each party's name and in 8 their possession would be retained by them. 9 with regard to the parties' real estate at 10 701 East Winding Hill Road, the wife will receive an option, 11 exercisable in writing on or before February 28th, 1995, to 12 purchase husband's interests for the sum of $20,000.00. 13 Settlement would be made within 60 days of wife's exercise 14 of her option. 15 If wife does not exercise the option to 16 purchase husband's interest in the house, it will be 17 immediately listed for sale, but no later than March 15th, 18 1995, with time being of the essence. 19 The property will be listed with a realtor 20 approved by husband, whose approval will not be unreasonably 21 witheld. The house will be listed for sale at the price 22 recommended by the realtor. 23 The effort to sell the house will proceed in 24 good faith with both husband and wife, and the parties agree 25 that they will accept any offer, which does not contain any 4 - 1 unreasonable conditions, which is within five percent of the 2 list price. 3 Upon the sale and settlement of the house, 4 the proceeds will be divided equally by the parties. 5 Wife is to have exclusive possession of the 6 real estate, marital residence, and agrees to pay the 7 mortgage during the period of her occupancy. If she moves 8 out, husband then has the ability to move into the home. If 9 he occupies the residence, he would pay the mortgage. If he 10 doesn't, they would equally split the mortgage payment. 11 Husband and wife both execute affidavits of 12 consent to the divorce today, and they will be filed with 13 the Court today. 14 If the wife exercises the option to purchase 15 husband's interest in the real estate, husband's attorney is 16 then authorized to file the praecipe to transmit the divorce 17 to the Court to be finalized on March 1st, 1995. 18 If the wife does not exercise the option, the 19 divorce will be finalized upon the sale and settlement of 20 the house. 21 As I indicated, this will be a legally 22 binding agreement, these terms that we have recited today, 23 it's stipulated to, in addition to any comments Mr. Andes 24 has, and it may be confirmed by Court Order. 25 MR. ANDES: And since Mr. Saidis did such a 5 ,~ 1 good job, I only have three comments. None are very 2 serious. The first is that husband will execute the 3 documents to transfer the cemetery lots today when we do the 4 consents. 5 The second one is that the tools and snow 6 blower and riding mower will not be delivered to him, they 7 will be available at the house for him to pick up. In that 8 sense they are delivered, but my client is not going to lug 9 them to wherever he is. 10 And finally although I don't think -- I 11 just want to make sure that it is clear on the record, it is 12 potentially possible that the house may require roof repairs 13 in order to sell it, and if that is necessary, then the cost 14 of the roof repairs will be deducted from the proceeds 15 before they are divided equally by the parties. So each of 16 them share in those. And the fourth item is that all 17 economic claims are waived except any claims necessary to 18 enforce this agreement in the event of any breach or other 19 problems with the agreement. 20 MR. SAIDIS: And my client is agreeable to 21 those terms. I think the one thing which maybe Mr. Andes 22 would agree with me, in the event there was a breach of this 23 agreement, and a party has to sue to get the agreements, the 24 party that prevails would receive reasonable attorneys fees. 25 MR. ANDES: Yes, that's acceptable. 6 1 MR. SAIDIS: If I may, Your Honor. 2 Mr. Kaufman, you heard the terms placed on the record. Are 3 those terms agreeable to you? 4 MR. KAUFFMAN: INDICATED POSITIVELY. 5 MR. ANDES: Mrs. Kaufman, you've heard all of 6 the talk by the attorneys. Do you understand the agreement 7 we have presented to the Court? 8 MRS. KAUFFMAN: Yes, sir. 9 MR. ANDES: And is that what we discussed in 10 our negotiations over the last hour and a half this morning? 11 MRS. KAUFFMAN: That's correct. 12 MR. ANDES: Is that acceptable to you? 13 MRS. KAUFFMAN: It is. 14 THE COURT: We will enter this order: 15 AND NOW, this 14th day of December, upon 16 consideration of the stipulation of counsel and the parties 17 reached in open Court and dictated in the presence of the 18 parties, the stenographer is directed to transcribe the 19 notes of testimony with respect to the stipulation. The 20 notes of testimony shall be attached to this order and the 21 terms of the stipulation are accepted and approved and made 22 an order of Court; provided, however, that the Court does 23 not have the authority to force a party to sign an affidavit 24 of consent. 25 Anything further? 7 ,... , . 1 MRS. KAUFFMAN: Is he -" he's paying for this 2 divorce? 3 MR. SAIDIS: Just if Your Honor could say on 4 the bench that the affidavit of consent is signed. 5 THE COURT: By law I am not permitted to 6 require the parties to execute the affidavits of consent. 7 MR. SAIDIS: Thank you, Your Honor. 8 MR. ANDES: Thank you, Your Honor. 9 THE COURT: Court's adjourned. 10 MRS. KAUFFMAN: Thank you. 11 (Whereupon, the proceedings concluded.) 12 13 14 15 16 17 18 19 20 21 22 23 8 , . CERTIFICATE I hereby certity that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript ot the same. K. Troutman Court Reporter * * * The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Pn,I'....~l) 2 ( 117~ '{ Date J 9 ""C '" 4~ vJ ~ ~ s ~,C-Q 3- f2- it I t-= be- .J:,"^- S' .t- ~~L.- - ev-cC-- rc:.-~ IU~ ~ I'n a _ .// -l",o'V""""'" ,- S ~~ ~ JiflA- ')~h 0- c/' ) 11' .... -f1, /;j ~cl I ~~ b~ I _ .-v-~ {&. ~ #- A , \V ~~ 11'-1 ,.. ~ ~ a&, t1I.- s..?~~ ~J/7I'-J- ~ 70\ E. w___~ "^ I \~ eJ. 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ELMER S, KAUFFMAN, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO, 94-4299 CIVIL TERM I DORIS J, KAUFFMAN, I IN DIVORCE Defendant I ORDER or COURT AND NOW, this A 'ls tl day of September, 1994, by agreement of counsel for both parties, the hearing on Plaintiff's Petition for Special Relief scheduled for October 12, 1994, at 9:00 a.m. has been rescheduled to December 14, 1994, at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse in Carlisle, Pennsylvania. BY THE COURT, Robert C. Saidis, Esq. Attorney for Petitioner Samuel L. Andes, Esq. Attorney for Respondent :epj C' lJ'> "' .... "> co , o :.. :r..:::. .&: .~. .~i.~ ~ " h, ...:; - <-a ..c.. ~'(\\\ I\\~ ~, " (\ ( ,/, p\,l ',)\\1 ,\ V ('~.-:; =- .~ ";)' , o.."ll ); ~ ~ .i ~ ~ l--.':&:~~;':;: 1 be the property of the wife. The items just mentioned would 2 be delivered to the husband. 3 The intangible personal property being wife's 4 I.R.A. at Dauphin Deposit and husband's life insurance 5 policy with state Farm will be released to wife. Husband 6 would retain his I.R.A. at Dauphin Deposit, and any other 7 tangible bank accounts titled in each party's name and in 8 their possession would be retained by them. 9 With regard to the parties' real estate at 10 701 East Winding Hill Road, the wife will receive an option, 11 exercisable in writing on or before February 28th, 1995, to 12 purchase husband's interests for the sum of $20,000.00. 13 settlement would be made within 60 days of wife's exercise 14 of her option. 15 If wife does not exercise the option to 16 purchase husband's interest in the house, it will be 17 immediately listed for sale, but no later than March 15th, 18 1995, with time being of the essence. 19 The property will be listed with a realtor 20 approved by husband, whose approval will not be unreasonably 21 witheld. The house will be listed for sale at the price 22 recommended by the realtor. 23 The effort to sell the house will proceed in 24 good faith with both husband and wife, and the parties agree 25 that they will accept any offer, which does not contain any - 4 > " . , '. ~ j Q Z !~~ :; ..... rn :l ,~ JI I ~ !ii~~ I~ ~ ~~~'9 ~'" z'" !;~~ ~ Og6~~ ~ ~ Q ._ .C . . :5 5~:C~UJ III > , I ! I"J ~ll.:i:l~ ~ ~~ ~ .. ~ o:::t rn <ll. _ u Q - -< rn . , . . . . .' -P2P ;-.30 "'i-'f SAIDIS, GUIDO, SHUFF & MASLAND 26 w, HJIIt Slmt CarlI.I.. PA ,-.- ELMER S. KAUFFMAN , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DORIS J. KAUFFMAN, Defendant NO. 94-4299 CIVIL TERM IN DIVORCE ORDER AND NOW, this 3 o~tday of ri" U" 'I:. r , 1994, upon consideration of the attached petition for Special Relief, a Rule is issued upon the Respondent to Show cause why possession of the marital residence known and numbered as 701 East Winding Hill Road, Mechanicsburg, Pennsylvania should not be awarded to both the Petitioner and Respondent pursuant to the Divorce Code, or in the alternative, why the rent of Steve Koslov in the amount of Fifty ($50.00) Dollars per week should not be paid directly to Petitioner. RULE RETURNABLE at a hearing to be held in Court Room No. of the Cumberland County Court House, Carlisle, Pennsylvania on the /.:;:t:4 day of ~ , 1994 at ./ :(<:; ~.M. o'clock. BY THE COURT, .. ,. l fl!:::;;::d .-,"'. 7J t/ '? I :\liY')..v :' r l\~r u{ ~ ',. ",.' IlJ'" .,i'\"Y r.l!"'Jl.~';1 :,I.Hi (.iIH,lV ,T;u;':.n\t'I.N.:~ ~UG 30 3 1'3 PM 19~ ,.... ,",... ELMER S. KAUFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-4299 CIVIL TERM IN DIVORCE DORIS J. KAUFFMAN, Defendant PETITION FOR SPECIAL RELIEF (1) The Petitioner is Elmer S. Kauffman, Plaintiff in the above-captioned action who resides at 713 Allison Avenue, Mechanicsburg, Cumberland County, Pennsylvania. (2) The Respondent is Doris J. Kauffman, Defendant in the above-captioned action who resides at 701 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. (3) Petitioner and Respondent are the owners of the marital residence located at 701 East Winding Hill Road, Mechanicsburg, Pennsylvania which consists of a seventy by fourteen (70' x 14') mobile home with an addition on over three-quarters (3/4) of an acre of land which has among other things, two full baths and two bedrooms. (4) Sometime in early 1993, the Respondent's son by a prior marriage, Steven Koslov, moved into the marital residence with Respondent and Petitioner. (5) Mr. Koslov's residency with the parties was to be SAIDIS, GUIDO, temporary because he had recently separated from his wife. SHUFF & MASLAND (6) The parties agreed with the said Steven Koslov that he 26 w, Hi&!> Sll<cl Cadl.I., PA would pay Fifty ($50.00) Dollars per week rent for his use and occupancy of 701 East Winding Hill Road, Mechanicsburg, Pennsylvania. (7) Petitioner and the said Steven Koslov did not get along and as a result of the friction caused by his entry into their household, Petitioner and Respondent separated on March 10, 1994. (8) After the separation, Respondent changed the locks on the marital residence. (9) Petitioner requested Respondent to remove the said Steven Koslov from the marital residence but Respondent refused. (10) To the best of Petitioner's knowledge and information, Steven Koslov has not been paying the rent that was agreed upon. (11) The marital residence is encumbered with a mortgage in favor of the former Cumberland Valley Savings and Loan Association which requires a payment of Two Hundred Ninety-seven ($297.00) Dollars per month. The outstanding balance on the mortgage is approximately Thirteen Thousand ($13,000.00) Dollars. The fair market value of the marital residence is approximately Seventy-five Thousand ($75,000.00) Dollars. (12) The fair market rental value of the marital residence is approximately Six Hundred Fifty ($650.00) Dollars per month. (13) 23 Pa. C.S.A. S3502(c) provides: Family home.- The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. (14) Petitioner desires that the said Steven Koslov be SAIDIS, GUIDO, SHUFF & MASLAND 26 W, Hish SlIe<t Carli,ie, PA evicted from the marital residence and possession awarded to Petitioner and Respondent or in the alternative, that the said Steven Koslov be directed to pay the Fifty ($50.00) Dollars per month rent to Petitioner who has been deprived of his use and enjoyment of the marital residence. WHEREFORE, Petitioner requests Your Honorable Court to enter SAlDIS, GUIDO, SHUFF & MASLAND 26 W. Hlah 5_1 Carll.lc,PA " a Rule to Show Cause why possession of the marital residence known and numbered as 701 East winding Hill Road, Mechanicsburg, Pennsylvania should not be awarded to both Petitioner and Respondent pursuant to the Divorce Code, or in the alternative, why the rent of the said Steven Koslov in the amount of Fifty ($50.00) Dollars per week should not be paid directly to Petitioner. Respectfully submitted, DO, SHUFF & MASLAND Robert C. Saidis, Esq. . Attorney for Petitioner . ,. SAlOIS, GUIDO, SHUFF &< MASLAND 26 W, Hllb 5_' CotU,I<. PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I verify that the statements made in this Petition for Special Relief 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: .~ '1-.~ -: 9 L/ , ~:~~ ~~U~ Elmer S. Kauf an