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HomeMy WebLinkAbout95-04635 J J I ~ t: J ~ J l{) r0 ~ ::t , " - ~:': >,; ."'. '" . -'~~ " . , .:" ',.;:-'-' , ~~/ " , , .:..-,.,:;,<;' . ,_,~~;,~,,_2~;'B~~ ' .. ,~-~: <'to.-.' ;" ~I:'~,~,~;~;'K:;~-' ''',- .,,- .'L- .,.'-- - ~~':t,~~~~, -,' ,:,,' ',., . ':+:' ':.:' ':+:' ,:<<:. {+:o. ->> .., .oX' ... 'leo.leo .:.c. .:C' .:.c. ,:c. ':.:' ':+:' ':.;" ':+:. ':c-'Y:':C'~'-..:;.'.c.;..*,: {+:o"leooQlO(:oQlO('1I! ~ - - ~ $ g 8 8 ~ ~ $ ~ 8 * ~ ~ ~ ~ ;0 ~ ~ 8 ~ ~ l!l ~ 8 ~ ;,: ~ ~ ~ ~ ~.' $ ~ i:i " $ l!l l!l l!l IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF *' COUNTY PENNA. 8 l!l 8 ....G.HERY...L.KAUFFMAN,.... .. . Plaintiff :1 :' N II. ,......~,~~~~,~~.. ................. 19 95 . . . ., .. . . .. . . . . . . . . . I :! Versus PAUL E. KAUFFMAN, " :1 ., ....... ,......., ,I I :1 ~ .' ~ Defendant s ~ DECREE IN DIVORCE AND Now,~~..~9.',~~.(".... 19.q.~~, it is ordered and ;;, " 8 ~ ,; ~ decreed that ...,.". ~~~r'y.1.':", !<.a.~f.f!l!l!I!. ,. , . . .. , . , .. . ., . .. ,. .., plaintiff, and . . . . . . . . . , . . . . . . , . ~~~l, ~~ ,~~~~~~~~, . , . . , , . . , . , . . . . . , . . . . , " defendant, ore divorced from the bonds of matrimony. ~ ~ ~ 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; All claims set tied, " " s s , . ,T~~ .~t.t!l!=~~~, "'rl?p.~~t.Y, ~~gl!l!l)~~~ Agr,~e,~!!!l~ .i\l.l1,f:~r!lPY}.I\~qrpprl1~~~l l>ll~ .I\Qt. \1l11rged, into this Decree in Divorce, / / " ...... ,......... ................... ... ". ...."... . ... ................. . / . . . I' I . , Dy 't.he l!l ~ ,. ~ ,,' ~ ~ ~.' All~~i~Jwnut7~/, ~~~J: ~~ ~,~.a-Z ." / ' '/7 Prolhonotary ~ ~l ~! ~ ---- :>..:, ,~, ,~, . - - . ." ,,,, ~ ,-~"",-,--...-,-- . ..,. -. ~".,.... ---------_..'.. ,,--.. ..., ~-_... ,.-, -" -' .~ **~~*~~~-------~*~~*-~. ~ r,> a ~. ,'. ~ ~ r,> ~ <' Q '.' ~ '.' ;', ~ .'. ~ .". ~ ~ " ~ .'. ~ p/&,r;'5 {U, ~ ~ 1$ &-. ~ /a'K.95 7!~/1f..~4 4" ~ . .. L ~ . PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this J.7.Jh dayof nf+r)nfr ,1995, by and between PAUL E. KAUFFMAN, hereinafter called "Husband", and CHERYL L. KAUFFMAN, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on July 16, 1988; WHEREAS, differences have arisen between Husband and Wife In consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, In consideration of the premises and covenants contained herein, it Is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from Interference. authority and control by the other, as fully as If he or she were single and unmarried. except as may be necessary to .. . carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or In any way harass or malign the other, nor In any other way Interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF REAL PROPERTY. The parties are the owners, as tenants by the entireties, of property located at 410 South 22nd Street, Camp Hili, Cumberland County, Pennsylvania. There are presently two (2) liens existing against the aforementioned residence, a mortgage in favor of York Federal In the amount of approximately $83,000.00, and a credit line to York Federal In the amount of approximately $62,000.00. Upon execution of the Agreement, Husband agrees to execute a deed transferring all right, title and Interest In the aforementioned property to Wife individually. Effective October 1, 1995, Wife shall Indemnify and hold Husband harmless on the aforementioned debts to York Federal as well as any household related expenses. Pursuant to the terms of this Agreement, the aforesaid expenses shall be Wife's sole responsibility pending refinancing or sale of the property, All prepaid real estate and school taxes are to be prorated at closing and Husband's share Is to be returned to him. The parties agree that Husband's prorated share to be returned to him within thirty (30) days of the execution of the Agreement Is $1,111.08. Wife agrees that, within six (6) months of the date of this Agreement, she shall cause to have Husband's name removed from the existing mortgage either by 2 , . refinancing, mortgage modification or sale of the residence. 4. DEBTS. HUSBAND The parties shall be responsible for debts as specifically set forth below. Chemical Bank Visa Account No. 4114450570052916 with an approximate balance of $4,800.00. PNC Account No. 0040 P1 0 20838 66453 with an approximate balance of $2,500.00. PNC Account No. 0040 PAO 20838 66453 with an approximate balance of $2,500.00. ~ PSECU personal service loan Account No. 200409902 with an approximate balance of $5,800.00. PSECU Visa Account No. 200409902 with an approximate balance of $2,500.00. PSECU Car loan Account No. 200409902 with an approximate balance of $14,000.00. College Loans Sallie Mae Account No. 200409902 with an approximate balance of $17,500.00 6. EQUITABLE DISTRIBUTION. Wife agrees to pay to Husband at the time of the execution of this Agreement, the sum of $12,500.00 In full satisfaction of all equitable distribution claims each against the other. 3 , . 6. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used In common by them, and neither party will make any claim to any such Items which are now In the possession or under the control of the other, Should It become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 7. RETIREMENT/PENSION, Wife shall retain as her sole and separate property, her Commonwealth of Pennsylvania pension as well as her deferred compensation plan. Husband shall retain as his sole and separate property, his 401 k through his employer, Groff Tractor. S, DIVORCE. The parties acknowledge that Wife has filed a Complaint in Divorce Indexed to No. 95 - 4635 Civil Term, In The Court Of Common Pleas, Cumberland County, Pennsylvania. The parties acknowledge that said Complaint was filed on August 30, 1995. Husband and Wife agree that each shall execute undated Affidavits of Consent at the date of the signing of this Agreement. The said Consents shall be held In escrow by counsel for the Plaintiff, John J. Connelly, Jr., Esquire, and shall be dated and flied ninety (90) days from the date of the filing of the Complaint unless the parties mutually agree to delay the filing of said Consents. Upon the filing of the 4 ~ . Consents, counsel for the Plaintiff shall finalize the divorce action and supply a copy of the Decree to the Defendant or his counsel at his election. 9. INCOME TAX, The parties have not yet agreed upon the filing of a Joint Income tax return for the tax year 1995. In the event the parties do not agree to file Jointly, each party shall be entitled to divide equally any mortgage or home equity loan Interest through the month of September, 1995. Thereafter, Wife shall be entitled to claim Interest on the mortgage and home equity loan based upon her assumption of those obligations pursuant to this Agreement. 10. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all Income taxes assessed against him, If any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all Income taxes assessed against her, If any, as a result of the division of the property of the parties hereunder. 11. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 5 , 12, FULL DISCLOSURE, Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever In which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 13, ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on Insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 14, WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and In the future she will not contract or Incur any debt or liability for which Husband or his estate might be responsible and shall Indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations Incurred by her. 6 15. HUSBAND'S DEBTS, Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or Incur any debt or liability for which Wife or her estate might be responsible and shall Indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations Incurred by him. 16. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property In any way, and each party hereby waives and relinquishes 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, dower, curtsy, statutory allowance, widow's allowance, right to take In intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to 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 Interests, rights and claims. 17. REPRESENTATION. It Is recognized by the parties hereto that Paul E. Kauffman Is represented by 7 , David T. Kluz, Esquire, and Cheryl L. Kauffman Is represented by John J. Connelly, Jr., Esquire. It Is fully understood and agreed that the parties have the right to have advice of counsel prior to the signing of this Agreement. By the signing of this Agreement, each party understands the legal Impact of this Agreement and waives their right to have this Agreement reviewed by an attorney of their choosing, and further acknowledges that the Agreement Is fair and reasonable and Intends to be legally bound by the terms hereof. 18, VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement Is fair and equitable, that It Is being entered Into voluntarily and that It Is not the result of any duress or undue Influence, 19, ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. PRIOR AGREEMENT. It Is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 8 I. 21. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only If made In writing and executed with the same formality as this Agreement. The failure of either party to Insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. GOVERNING LAW. This Agreement shall be governed by and shall be construed In accordance with the laws of the Commonwealth of Pennsylvania. 23. INDEPENDENT SEPARATE COVENANTS. It Is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and Independent covenant and agreement. 24, VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or Invalid In law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue In full force, effect and operation. 25. ENTRY AS PART OF DECREE. It Is the Intention of the parties that this Agreement shall survive any action for 9 , 5. Date and manner of service of the notice of Intention to file praecipe to transmit record, a copy of which Is attached: Date: I;;. /b / Ct5 I I ,-',\ . ! , ~;:- '. r-: , , .-' , :c'. ~ r: ( t' . I I . ,-. ) , ! co i;,; c ., ~~ II ..:r - :2 - ~r: c:... ~~ r- I S2 ~, ~(5 ~ Ul ~Jl:! 0 ~ IJ_ In 0 en (J v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CHERYL L. KAUFFMAN, . Plaintiff PAUL E. KAUFFMAN, Defendant CIVil ACTION - LAW IN DIVORCE NOTICE OF AVAilABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant 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 decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, 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, Ail 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 (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Lawrence E. Welker, Prothonotary v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CHERYL L. KAUFFMAN, Plaintiff PAUL E. KAUFFMAN, Defendant CIVIL ACTION. LAW IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3301 leI OF THE DIVORCE CODE 1. Plaintiff Is Cheryl L. Kauffman, who currently resides at 410 South 22nd Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Is Paul E. Kauffman, who currently resides at 410 South 22nd Street, Camp Hili, Cumberland County, Pennsylvania 17011. 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. Plaintiff and Defendant were married on July 16, 1988, In Camp Hill, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff Is a citizen of the United States of America, 7. The Defendant Is not a member of the Armed Services of the United States of America or its Allies. ," 8. The marriage Is Irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate In counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subJect to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; and c, for such further relief as the Court may determine equitable and just, CONNELLY, REID & SPADE Date: 8-:J.5-15 , Jr., s Att y for tiff 108-112 Walnut Street P. O. Box 963 Harrisburg, PA 17101 (717) 238-4776 PA I.D. No. 15615 .' I verify that the statements made In this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 'if - t/5-c}5 ~~ ,i~<~"tW( Cheryl L. uffman. Pia n ff : ,- , 'J , . v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 95-4635 CIVIL TERM I I CIVIL ACTION - LAW I IN DIVORCE CHERYL L. KAUFFMAN, Plaintiff PAUL E. KAUFFMAN, Defendant BHTRY OF APPBARAHCB TO THE PROTHONOTARY I Please enter my appearance on behalf of Paul E. Kauffman, Defendant in the above captioned matter. . Kluz, I.D. f 18005 212 Locust Street, Suite 404 Harrisburg, PA 17101 (717) 238-8183 Attorney for Defendant Date I {r sr '1 {" , , CBRTIPICATE OP SBRVICB I, ELLEN M. PALMER, Legal Assistant, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania I John J. Connelly Jr., Esquire Connelly Reid & Spade 108-112 Walnut Street Harrisburg, PA 17101 ,"~ ; ", ., ,009/1 lVl.yoJl.rv.A Ellen . Palmer, Legal Assistant Locust Street, Suite 404 Harrisburg, PA 17101 (717) 238-8183 Datel --'?fl/ /IS"' .',1 C' .. I \.~> . '. " 'i1!......-.~~ h~' ~.~!- Y - \ ~;.!t: "", "." - -.-,,- -. -- . -,. --, . , , t"N~"'''''';'~i ; ~- . '. ,.......~t..._~~i;"...._~;"~;~,'....,,;-~,~( ;>~.Cr*''!l;:- "';:11 " , , J "I? . ""-"">1" ."'l~"'\.'""",:> .'" ~. '.' -, , -l:--d'~~~',;, . ,- I ~ t. . r_.c-....., ..~,~':/~,.rj...~X'(l_.,.c;~..r:. .~ ....;~.. 'r:...~-'" - ~ l~ \~o..:..J_~ I, I , ",_ . I' ~.. COIIIIlIole_l onclIorZlot~_:'" '". . .. " , '",.., 0 '~va.I,... i t1Ii,o,.COIIIIlIole '"'"'~, ond.... b. " . , ' 'ollowlng "!II1en 1'0' .n '''''1'' r:: 1.._.'trln.vourMmlInd8ddrnlonthlfWtfMot~formlOthltWlCIn 'HI: " ," .',., -:':. :.:; l:i5':;:~V:~,"""Ol""_.ot';'tho_II'''''', 1. o Add........ Add'_ ,: ','1 t;i.,W....._~~on"..__"..__ 2~~ R.itrlcted O.lIvery I' ,~" .',l'hI""""'.....wIIlhowtowhomlhllfddlw..dllvetldendlhedate _' , .,. , , Hi: -, . , ' Con.ull .tm..... ,., 'ee, : 1'),3. Ani'" Add....... 10: 41. Anlcle Numbe, : 1'1', PAUL E KAUFFmAN P 514 450 772 j': 1ft '410S0UTH'22lJD.lJ'i'ltBBT 4b, 8.1YI.. Type ' ; J ' '1 0 RIIllI.le,ed 0 Inau,8d' , I CAMP HILL"PA 17011 Cenlfled 0 coo 1'; I 0 Exp.... M.II 0 R.Mn Racelpl "0' 11 i 7, O.,e 0' O.lIvery ~ , -f - I' 8. Add........ Add....IOnly II 'equ"led J,' .nd lee I. peld} ,". ',',' ....'.,. .----..-.,.. '<:. ' " . ~ '. '-'1 ~ .:.~'--.. - .t.-, , J .'."1 .DOMElTlCRlTURN RECEIPT" .' .,". - ,..',."''''.j ,J..,..' '_"',." ',., , ;-'..,r I.;~ ,.~: . " , i I I i . - . '. . '. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 4635 CIVIL CIVIL ACTION - LAW IN DIVORCE CHERYL L. KAUFFMAN, PLAINTIFF PAUL E, KAUFFMAN, DEFENDANT PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1 . A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on August 30, 1995. 2. The marriage of the Plaintiff and Defendant Is Irretrievably broken, and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree In Divorce. 4. I understand that If a claim for alimony, alimony pendente lite, equitable distribution of 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. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list Is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate In counseling 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.A. Section 4904, relating to unsworn falsification to authorities. Date: 1~/5/q~ cheg(~!f~~ I \ ~ co c .. ~ rl ..::r ,"( :t: :;; "'- a.. 0;:'; ,... :;;1'5 :.J -.. J "- (,..) f5:?" " .:L] loJ ~a.: 0 ~ 15 lI) <n ., . ... . . I . " v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95. 4635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CHERYL L. KAUFFMAN, Plaintiff PAUL E. KAUFFMAN, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was flied on August 30, 1995. 2, The marriage of the Plaintiff and Defendant Is Irretrievably broken, and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree In Divorce. 4. I understand that If a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been flied with the Court before the entry of a Final Decree In Divorce. the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate In counseling, I further understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate In counseling prior to a divorce decree being handed down by the Court. ~ co ~ Q "- I-" .. g!l: ~~ .:r - 2' ii: .:: G'J> ~g ..s: ,... ~<n , -~ ';11 CJ %rtJ UJ c. }sc. ~ l/') a. ~ -' .