HomeMy WebLinkAbout02-4788
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHERYL A. KURTZ,
Plaintiff
v,
CNIL ACTION - LAW
NO, 2002-" "') ?y
JACQUE A. KURTZ,
Defendant
IN DNORCE
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 the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling, A list of marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pa, You are advised that this list is kept as a
convenience to you and you are not bound to choose a counselor from the 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 (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,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, 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, P A 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHERYL A, KURTZ,
Plaintiff
CIVIL ACTION - LAW
v,
NO, 2002 - L/1f?
JACQUE A. KURTZ,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this I st day of October, 2002 comes Plaintiff, Cheryl A. Kurtz, by and through
her attorneys, Hanft & Knight, P,C., and files the following Complaint in Divorce, and in support
thereof avers as follows:
1. The Plaintiff is Cheryl A. Kurtz, who currently resides at 62 Parsonage Street,
Newville, Cumberland County, Pennsylvania 17241,
2. The Defendant is Jacque A. Kurtz, who currently resides at 4 Maple Lane, Newville,
Cumberland County, Pennsylvania 17241,
3, The Plaintiff and Defendant are sui juris, and both have been bona fide residents of
the Commonwealth of Pennsylvania for a period of more than six (6) months immediatelypreceding
the filing ofthis Complaint in Divorce.
4. The parties were married on January 21, 1984, in Dauphin County, Pennsylvania,
5. The marriage is irretrievably broken. The foregoing facts are averred and brought
under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended,
6. There have been no prior actions for divorce or annulment between the parties,
7, Alternatively, Plaintiff avers that the Defendant has offered such indignities to her,
the injured and innocent spouse, as to render her condition intolerable and her life burdensome, The
foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as
amended,
8. The Plaintiffhas 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, and
Plaintiff waives same,
WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, divorcing
the Plaintiff from the Defendant.
COUNT II: EQUITABLE DISTRIBUTION
9. The averments set forth in Paragraphs 1-8 are incorporated herein by reference,
10, The parties hereto have accumulated substantial marital assets during the marriage.
Plaintiff requests this Honorable Court enter an Order equitably distributing the marital assets,
WHEREFORE, Plaintiff requests Your Honorable Court enter an Order for equitable
distribution,
Respectfully submitted,
HANFT & KNIGHT, P,C.
i dsay Gin ch clay, Esquire
Attorney I.D, No, 87954
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
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Attorneys for Plaintiff
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered by
my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and
not my own. I have read the Complaint in Divorce and to the extent that the document is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief, To the extent that the content of lhe document is that of counsel, I have
relied upon counsel in making this verification,
This statement and verification are made subject to the penalties of 18 Pa, C,S, Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties,
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Cheryl " Kurtz
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHERYL A. KURTZ,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 2002- 4788
JACQUE A. KURTZ,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Rebecca R. Hughes, Esquire, accept service of the Complaint in Divorce in the above-
captioned matter on behalf of my client, Jacque A. Kurtz, and I certify that I am authorized to do so,
IRWIN, McKNIGHT & HUGHES
Rebecca R. Hughes, Esquire
Attorney I.D. No, 67212
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Attorneys for Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CHERYL A. KURTZ,
Plaintiff
No, 2002 - 4788
v,
CIVIL ACTION - LAW
JACQUE A. KURTZ,
Defendant
(In Divorce)
NOTICE OF ELECTION TO RETAKE MAlDEN NAME
TO THE PROTHONOTARY:
Notice is hereby given that the Plaintiff, in the above matter, being the recipient of
a Divorce Decree, issued on January 11, 2005, hereby elects to retake and hereafter use
her maiden name of CHERYL A. SLABONIK, and gives this written notice avowing her
intention in accordance with the provision of 54 Pa,C.S.A. 9704(a).
Date:
do -"-'-05
~QI~
CHE A. KURTZ i
TO BE KNOWN AS:
/ (J. ~;l~~
A. SLABONIK
IN THE COURT OF COMMON P1LEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CHERYL A. KURTZ,
Plaintiff
No. 2002 - 4788
v.
CIVIL ACTION - LAW
JACQUE A. KURTZ,
Defendant
(In Divorce)
COMMONWEALTH OF PENNSYLVANIA
SS,
COUNTY OF CUMBERLAND
AFFIDAVIT
On this, the/ }~y of ~b.tl..n~ 2005, before me, a Notary Public,
personally appeared Cheryl A. Kurtz, known ~e, or satisfactorily proven to be the
person whose name is subscribed to the within document and acknowledged that she
executed the foregoing for the purpose therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
. NOTARIAl. SEAL
I CLAUDIA A B. REWBAKER, NOTARY PUBLIC
Carlisle Bora, Cumberland County
My Comm!ss;or: ExpiI"es April 4, 2005
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHERYL A. KURTZ,
Plaintiff
No. 2002 - 4788
v.
CIVIL ACTION - LA
JACQUE A. KURTZ,
Defendant
(In Divorce)
PROPERTY SETTLEMENT AND SEPARATION AGREE
~ --
THIS AGREEMENT is made this ~ day of jO..v\IJ...()X~ ' BY
and BETWEEN Cheryl a, Kurtz of 62 Parsonage Street, Newville, Cumberlan County,
Pennsylvania, hereinafter referred to as Wife,
A
N
D
Jacque A. Kurtz of 4 Maple Lane, Newville, Cumberland County, Pennsylvania, h reinafter
referred to as Husband,
RECITALS
R.l: The parties hereto are Husband and Wife, having been joined in ma
January 21, 1984, in Dauphin County, Pennsylvania; and
R,2: Differences have arisen between the parties, in consequence of w
have lived separate and apart since on or about August 1,2002; and
R.3: The parties have resolved that it is not possible to continue the marital
relationship between them for reasons known to them, in consequence of which ey are
living separate and apart; and
CAK~
Page 1 of15
R.4: It is the desire and intention of the parties, after long
consideration, to amicably adjust, compromise and settle all property rights,
in, to or against the property or estate of the other, including property h
subsequently acquired by either party, and to settle all disputes existing bet een them,
including any claims or rights that they may have under the provisions of the P sylvania
Divorce Code, as amended; and
R.5: The parties also desire to settle their issues of counsel fees and co s, and the
settling of any and all claims and possible claims against the other or ag inst their
respective estates; and
R,6: The parties desire to resolve all claims pending between them, inc ding the
settlement of all of their respective property rights and other rights growing 0 of their
marriage relationship including, but not limited to, all matters between them relat ng to the
ownership of real and personal property, claims for spousal support, alimony, alimony
pendente lite, counsel fees and costs; and
R,7: Husband and Wife declare that each has had a full and fair oppo nity to
obtain independenl legal advice of counsel of their selection; that Husband as been
independently represented by Rebecca R, Hughes, Esquire, and that Wife h s been
independently represented by Lindsay Gingrich Maclay, Esquire; and
R.8: Both Husband and Wife each covenant that they have made II and
complete disclosure to the other of his and her respective property holdings and come;
and
R,9: Each party has had an opportunity to verifY the financial disclosur of the
other. Discovery, if any, has been conducted to the satisfaction of each party Eac p~){
CAK ( d Page 2 of 15 JA J\J'-
has had the opportunity to investigate further the financial disclosure of the ot er, and has
had access to any desired books and/or records to investigate further. Each p y had an
opportunity to do an independent valuation of the assets, liabilities and income f the other
party. To the extent either party decided not to pursue further discovery and in estigation,
he or she did so voluntarily and specifically waives the right to challenge this greement
based on the absence of fu1l and fair disclosure,
NOW THEREFORE, with the aforegoing recitals being hereinafter inco orated by
reference and deemed an essential part hereof and in consideration of the cov nants and
promises hereinafter to be mutua1ly kept and performed by each party, as we1l a for other
good and valuable consideration, receipt of which is hereby acknowledged, and t e parties,
intending to be lega1ly bound, hereby agree as fo1lows:
(I) SEPARATION: It sha1l be lawful for each party at a1l times hereafter
to live separate and apart from the other party at such place or places as he or she om time
to time may choose or deem fit, free from any control, restraint or interference from the
olher, Neither party will molest the other or endeavor 10 compel the other to c habit or
dwe1l with him or her by any legal or other proceeding, Neither party sha1l dis arage or
discredit the other in any way, nor in any way injure his or her reputation; nor sha1l either of
them act or permit anyone else to act in any way which might tend to create any dis ffection
or disloyalty or disrespect between the members of the family of either party, E h party
shaH be free of the interference, authority or contact by the other as if he or she w s single
and unmarried except as maybe necessary to carry out the terms of this Agreemen or any
Custody Stipulation and Agreement and/or Order of Court,
CAK l cJc
Page 3 of 15
(2) DIVORCE: The parties acknowledge that the marriage is i etrievably
broken and that they will secure a mutual consent no-fault divorce decree, Si ultaneous
with the execution of this Agreement, the parties agree to execute their respectiv
If either party fails or refuses to execute and file the foregoing docu ents, said
of Consent and Waiver of Notice Forms necessary to finalize said divorce,
failure or refusal shall be considered a material breach of this Agreement and s all entitle
the other party at his or her option to terminate this Agreement.
(3)
REAL PROPERTY:
The parties acknowledge that they are joint
owners of the premises more commonly identified as 4 Maple Lane, Newville, C mberland
County, Pennsylvania (hereinafter referred to as the "Marital Residence"), Accor ing to an
appraisal conducted by Larry Foote at the request of the parties, the appraised va ue of the
Marital Residence at or around the parties' date of separation was Eighty-One housand
($81,000,00) Dollars, Said Marital Residence is currently encumbered by a int first
mortgage obligation with M&T Banle The parties acknowledge that the balance 0 the first
mortgage at or around the date of the parties' separation was approximatel Eleven
Thousand ($11,000,00) Dollars, The parties further acknowledge that the first ortgage
of her right, title and interest in and to said property to Husband, free of all enc
with M&T Bank is in both parties' names, Contemporaneously with the executi of this
Agreement, Wife agrees that as part of this property settlement, she will convey an and all
except the outstanding first mortgage, which Husband agrees to assume and pa in due
course, and that Wife will execute and deliver a Special Warranty Deed, pre ared at
Husband's expense, to Husband conveying any interest Wife may have in and to said
prope7:b. and.
CAK 0. !
Page 4 of 15
Rebecca R, Hughes, Esquire, agrees to hold the Deed in escrow until s ch time as
Husband is able to refinance the first mortgage solely into his name, Hu and shall
refinance the first mortgage into his own within sixty (60) days of the execut on of this
Agreement. Until such time as Husband is able to refinance the first mortg ge on the
Marital Residence, Husband specifically agrees to hold Wife harmless with re rd to any
and all payments associated with the Marital Residence from the date of eparation,
forward, including, but not limited to the first mortgage payments, taxes, ho eowner's
insurance and repairs, Wife agrees to execute any and all documents, within fiv (5) days
of a request to do so by Husband, in order to effectuate the refinance of the mortg ge solely
into Husband's name,
Upon Husband successfully refinancing the first mortgage into his own ame and
providing a time-stamped copy of the Satisfaction Piece for said joint mortgage
to Wife's attorney, Rebecca R. Hughes, Esquire, shall record the Deed, at
expense, conveying the Marital Residence from Husband and Wife to Husband,
DEBT: Each of the parties hereto covenants and agrees that he or she has
not in the past and will not at any time in the future incur or contract any debt, arge or
liability for which the other of them, their legal representatives, or their property restate
may become liable; and each of them further covenants at all times to keep the 0 er free
harmless and indemnified of and from all debts, charges and liabilities her fier or
heretofore contracted by them, except as hereinafter provided,
A.
MARITAL DEBT: Other than those debts enumerated wi
agreement, Husband and Wife acknowledge and agree that
no other outstanding debts and obligations which are marit
which the other might be liable incurred prior to the signin
Agreement.
Page 5 of 15
CAK Qolc
1. Except as otherwise herein provided, each of the arties will
pay all current bills and outstanding bills inc ed on or
before the date of separation of the parties, Augus 1, 2002, to
the same extent that he or she has been paying em in the
past and neither party shall incur any unusual bill which will
bind the other party, Husband hereby agrees t return to
Wife any and all joint credit cards or charge pi es that he
may have in his possession, The parties further agree that
any debts incurred on said joint credit cards or ch ge plates
subsequent to the date of separation, shall be th sole and
exclusive responsibility of the party who incurred said debts
and the debt-incurring party shall save harmless the other
party from any obligation or institutions of suit ther under.
B: POST SEPARATION DEBT: In the event that ei er party
contracted or incurred any debt since the date of sep ration on
August 1, 2002, the party who incurred said debt shall be r sponsible
for the payment thereof regardless of the name in which th debt may
have been incurred.
C: FUTURE DEBT: From the date of this agreement nei er party
shall contract or incur any debt or liability for which the 0 her party
or his or her property or estate might be responsible d shall
indemnifY and save the other party harmless from any and II claims
or demands made against him or her by reason of debts or 0 ligations
incurred by the other party,
(5)
MOTOR VEHICLES:
The parties acknowledge that Husband, indi idually,
holds title to a two (2) vehicles, which are currently in his possession, Wifi hereby
relinquishes any right, title or interest she may have in and to the vehicles cu ently in
Husband's possession, Husband shall acquire and maintain separate insurance on
all vehicles in his possession, Husband specifically agrees to assume full responsi 'lity for
and pay in due course, any encumbrance on the vehicles currently in Husband's pos ession,
Husband shall hold Wife harmless and indemnifY Wife from any loss thereon.
CAK 0, O-fC
Page 6 of 15
~
The parties acknowledge that Wife, individually, holds title to a 1 94 Dodge
Caravan, Husband hereby relinquishes any right, title or interest he may have i and to the
1994 Dodge Caravan, Wife shall maintain separate insurance on the 1994 Car an, Wife
specifically agrees to assume full responsibility for and pay in due course, any en umbrance
on the 1994 Caravan and Wife shall hold Husband harmless and indemnify Hus and from
any loss thereon,
(6) TANGIBLE PERSONAL PROPERTY: Except as otherwise provided
herein, the parties hereto mutually agree that they have effected a satisfactory ivision of
the furniture, household furnishings, appliances, tools and other household personal
property between them, and they mutually agree that each party shall from an after the
date hereof be the sole and separate owner of all such property presently in is or her
possession whether said property was heretofore owned jointly or individual by the
parties hereto, This Agreement shall have the effect of an assignment or bill of ale from
each party to the other for such property as may be in the individual possessi n of the
parties hereto,
(i) Wife shall, within ten (10) days of the execution of this A
be permitted, at a time convenient for both parties, to
marital home to obtain videos of Jacob's wrestling matches
family videos, It is specifically contemplated that Wife shal borrow
approximately sixty (60) videos from the home for the sole purpose
of copying and will return when completed, These vid s will
become the property of Husband; and
(ii) Husband shall, simultaneously with the execution of this Ag
provide to Wife the camcorder case, along with any
attachments for the Kirby sweeper; and
Page 7 of 15
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CAK C -
(iii) Wife shall be permitted to enter onto the marital propert in order to
remove up to half the asparagus plants and up to half of he daffodil
bulbs, The removal of these plants will occur during the ime of year
best for removing these items without destroying same, The parties
will cooperate with one another in order to set a date a d time for
removal of these plants and bulbs, During removal of said bulbs,
neither party shall speak to the other unnecessarily, and s all limit all
speech to that which is necessary to effectuate this claus Husband
shall be notified and shall be given the option to be pr sent when
Wife removes these items from the marital property; h ever, the
removal of these items will occur no more than ten (10) ays after a
request by Wife to remove said plants and bulbs; and
(iv) Simultaneous with the execution of this Agreement, ife shall
provide to Husband his yearbook, dictionary, and water pi cher from
his mother.
(7)
INTANGIBLE PERSONAL PROPERTY:
Each part
hereto
hereby relinquishes any right, title or interest he or she may have in or to any ntangible
personal property currently titled in the name of or in the possession of the ot er party,
including, but not limited to, stocks, bonds, insurance, bank accounts, individual tirement
accounts, employment benefits, including retirement accounts, savings plans, pens on plans,
stock plans, 40lK plans, and the like,
Husband acknowledges that the marital property of the parties includes an marital
portion of Wife's 401K plan through her employment with Carlisle Companies, c. The
approximate value of Wife's 40lK with Carlisle Companies, 1nc, as of September 0,2002
was Forty-Two Thousand Eight Hundred Seventy-Two and 22/100 ($42,872,22) Dollars,
all of which was vested, See Account Statement dated September 30, 2002, attach hereto
as Exhibit "A" and incorporated herein by reference, Husband further acknowle es that
he has been informed of his right to obtain an independent appraisal of Wife's ret ement,
and an~~ interest therein, and, notwithstanding same, in exchange for Wife
CAK \ Page80f15 JA
her interest in the Marital Home, Husband hereby forever waives and relinquish s any right,
title, interest or claim he might otherwise have in and to Wife's aforesaid reti ement plan
through Carlisle Companies, lnc,
Husband acknowledges that the marital property of the parties includes
portion of Wife's IRA through Merrill Lynch, stemming from her fonner emplo
AMP, lnc, The approximate value of Wife's IRA with Merrill Lynch, as of S
2002 was Twenty-Two Thousand Four Hundred Eighty-Five and 411100 ($
Dollars, See Account Statement dated September 27,2002, attached hereto as ibit "B"
and incorporated herein by reference, Husband further acknowledges that h
informed of his right to obtain an independent appraisal of Wife's retiremen and any
marital interest therein, and, notwithstanding same, in exchange for Wife wiving her
interest in the Marital Home, Husband hereby forever waives and relinquishes
title, interest or claim he might otherwise have in and to Wife's aforesaid retir
through Merrill Lynch,
Husband further acknowledges that the marital property of the parties inc
marital portion of Wife's pension through her employment with Carlisle Comp ies, lnc,
The account balance of Wife's pension with Carlisle Companies as of Septembe 5, 2002
was Nine Thousand Four Hundred Seventy-Three and 24/100 ($9,473.24) Doll s, See
Account Statement dated September 5, 2002, attached hereto as Exhibit 'C" and
incorporated herein by reference, Husband further acknowledges that he has been i formed
of his right to obtain an independent appraisal of Wife's pension, and any marital interest
therein, and, notwithstanding same, in exchange for Wife waiving her interest in the Marital
CAK ~J--
Page 9 of 15
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Home, Husband hereby forever waives and relinquishes any right, title, interest r claim he
might otherwise have in and to Wife's aforesaid pension through Carlisle Comp ies, Inc,
(8) LIFE INSURANCE: To the extent either party has a life insura ce policy,
each party will retain their respective separate policies and will be pennitte to name
anyone they wish as the designated beneficiary under their respective policies,
(9) WAIVER of ALIMONY: The parties acknowledge that each s income
and assets satisfactory to meet his and her own reasonable needs, Each party
claim he or she may have, one against the other, for alimony, spousal support 0 alimony
pendente lite,
(10) ATTORNEY'S FEES: Except as otherwise provided herei , each of
the parties waives the right to receive a payment for counsel fees from the other, and each
shall be responsible for his or her own counsel fees, costs and expenses, if suc fees or
expenses are incurred,
(11) ADVICE of COUNSEL: The parties hereto acknowledge an declare
that each has had a full and fair opportunity to obtain independent legal advice of c unsel of
their selection; that Husband has been independently represented by Rebecca R,
Esquire, and that Wife has been independently represented by Lindsay Gingrich aclay,
Esquire,
Each party acknowledges and accepts that this agreement is, un er the
circumstances, fair and equitable, and that it is being entered into freely and vo ntarily
after having received such advice and with such knowledge as each has soug t from
CAK cc~
Page 10 of 15
counsel, and the execution of this agreement is not the result of any dures or undue
influence, and that it is not the result of any improper or illegal agreement or agr
(12) ADDITIONAL INSTRUMENTS: Except as otherwise herei
each of the parties shall from time to time, at the request of the other, execute, ac
and deliver 10 the other party, within five (5) days of any request 10 do so,
further instruments that may be reasonably required to give full force and ef
provisions of this Agreement.
(13) INCOME TAX:
The parties hereto agree to file separate i come tax
returns for all ongoing years, specifically including 2004 and 2005,
(14) BANKRUPTCY: The parties hereby agree that the provisio s of this
Agreement shall not be dischargeable in Bankruplcy and expressly agree to rea firm any
and all obligations contained herein. In the event a party files such bankruptcy an
thereto obtains a discharge of any obligations assumed hereunder, the other party
the right to declare this Agreement to be null and void and to terminate this Agr
which evenl the division of the parties' marital assets and all otherrights determin by this
Agreement, including alimony, shall be subject to court determination the same s if this
Agreement had never been entered into,
(15) COMPLETE DISCLOSURE: The parties do hereby arrant,
represent, acknowledge and agree that each is fully and completely informed 0 and is
familiar with, the wealth, real and personal property, estate and assets, earnings and income
of the other and has made any inquiry he or she desires into the income or estate of t e other
CAK~
Page 11 of 15
and received any such information requested, Each has made a full and compIe disclosure
to the other of his and her entire assets, liabilities, income and expenses and any further
enumeration or statement thereof in this Agreement is specifically waived,
(16) WAIVER of APPRAISALS: The parties acknowledge t at they are
aware of their respective rights pursuant to the Pennsylvania Divorce Code to 0 ain formal
valuations or appraisals of the real estate, the personal property, the vehicles, retirement
accounts and businesses, some or all of which were acquired during the m
therefore constitute marital property, However, the parties have determined th
not undertake the expense to have these items appraised and/or valuated, that the
division of property as set forth in this agreement, represents a fair and equitable
distribution,
(17) RIGHTS and RESPONSIBILITIES: Husband and Wife ackno
each of them has read and understand his and her rights and responsibilities
Agreement and that they have executed this Agreement under no compulsion to d
a voluntary act.
(18) FULL SETTLEMENT:
Except as herein otherwise
party hereby releases the other from any and all claims, or demands up to th date of
execution hereof, It is further specifically understood and agreed by and bet een the
parties hereto that each party accepts the provisions herein made in lieu of an in full
settlement and satisfaction of any and all of said party's rights against the other or past,
present and future claims on account of spousal support, maintenance, alimony, ali ony
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Page 12 of15
/
pendente lite, counsel fees, costs and expenses, equitable distribution of mari al property
and any other claims of the party, including all claims which have been raise or may be
raised in an action for divorce,
(19) RELEASE of ALL CLAIMS:
Except as otherwise provi ed herein,
each party releases and discharges completely and forever the other from any a all right,
title, interest or claim of past, present or future spousal support, division 0 property,
including income of gain from property hereafter accruing, right of dower or c rtesy, the
right to act as administrator or executor of the estate of the other, the right to a 'stributive
share of the other's estate, any right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of thei marriage
relationship, or otherwise, whether the same are conferred by statutory or comm n law of
the Commonwealth of Pennsylvania, or any other state, or of the statutory or co
of the United States of America. Except as provided herein, the parties specific ly waive
any and all rights that they may have to equitable distribution of marital prope y and/or
alimony and counsel fees, except those counsel fees sought in the event of a brea h of this
Agreement, or any other marital rights as provided in the Pennsylvania Divorce de, Act
26 of 1980 or any amendment thereto,
It is further specifically understood and agreed by and between the partie hereto,
that each party accepts the provisions herein made in lieu of and in full settle ent and
satisfaction of any and all of said parties' rights against the other for any past, pre ent and
future claims on account of spousal support; maintenance; alimony; alimony pend
counsel f1~s, costs and expenses, except those counsel fees, costs and/or expenses so
CAK QML- Page 13 of 15 J
the event of a breach of this Agreement; equitable distribution of marital prop
and any
other claims of each party, including all claims raised by them in the Divorce ction to be
filed between the parties,
(20) SEPARABILITY of PROVISIONS:
If any tenn, condit on, clause
or provision of this agreement shall be detennined or declared to be void or in lid in law
or otherwise, then only that tenn, condition, clause or provision shall be stricke from this
Agreement and in all other respects this agreement shall continue in full force, effoct and
operation,
(21) GOVERNING LAW:
All matters affecting the interpretat n of this
Agreement and the rights of the parties hereto shall be governed by the la s of the
Commonwealth of Pennsylvania,
(22) INCORPORATION into DIVORCE DECREE: The Parties
this Agreement shall continue in full force and effect after such time as a final
Divorce may be entered with respect to the parties, Upon entry of the D
provisions of this Agreement shall be incorporated by reference or in substance, but they
shall not be deemed merged into such Decree, The Agreement shall survive
Decree in Divorce, shall be independent thereof, and the parties intend that all oblig tions
contained in this Agreement shall retain their contractual nature in any enti rcement
proceedings, whether enforcement is sought in an action on the contract itself at I w or in
equity, or in any enforcement action filed to the Divorce Caption.
(23) BREACH: In the event that either party breaches any provisio
Agreement, he or she shall be responsible for any and all costs incurred to enfi rce the
Agreement, including, but not limited to, court cost and counsel fees of the other
CAKQC'i- Page 140f15 J~
the event of breach, the other party shall have the right, at his or her election; to sue for
damages for such breach or to seek such other and additional remedies as may b available
to him or her.
(24) ENTIRE UNDERSTANDING:
This Agreement constitutes the entire
understanding between the parties and there are no covenants, conditions, repre entations,
or agreements, oral or written, of any nature whatsoever, other than those herein c ntained,
(25) AGREEMENT BINDING on PARTIES and HEIRS: It is derstood
and agreed that not only the parties hereto, but also their heirs, administrators, exe utors and
assigns, shall be bound by all the terms, conditions and clauses of this Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legal y bound
hereby, have hereunto set their hands and seals to this Agreement the day and ear first
above written,
WITNESS:
I :P~~/~ iW
v~ J?, W d(~Jc&
~
0-.\
Cheryl ,Kurtz
CAK~
Page 15 of 15
Exhibit "A"
emum
000873
CHERYL A KURTZ
62 PARSONAGE STREET
APT]
NEWVILLEPA 17241
Carlisle Companies, Incorp rated
Account Statement
Statement Date: 10-1-2002
Soc, Sec, Num: ·
Employment Status: Active
Here is a summary of your Carlisle Corporation Employee Incentive Savings Plan account as of
September 30, 2002.
Personal Information
Birth Date
Hire Date
Location
11-26-1956
07-11- 1988
CARLISLE TIRE&WHEEL
Contribution Rates
Carlisle Corporation Employee Incentive
Savings Plan Elected Rates
Before-Tax
After-Tax
0%
0%
Your Contribution Credits
Pre-87 After-Tax Contributions
Prorated After-Tax Contributions
Before-Tax Withdrawable Amount
$0,00
$159,94
$15,552,69
delivered by He,,-fltt;
C6099-000873
Closing Bala" ~count
Total
$20,585.06
$22,287,16
$42,872.22
Before-Tax
Employer Match
Total
As of September 30, 2002 you were 100% vested in the company matching accmmt. Your vested account
balance was $42,872.22,
For More Information
If you need additional information, call Benefits Express™ at 1-888-292-4540. Tbis interactive
telephone system is available 24 hours a day, 7 days a week, except between the hours of 2 a,m" and
1 p.m" EST on Sundays, For specific questions regarding the plan, please contact your Local Human
Resource Representative,
Benefits Express is a trademark of Hewitt Associates LLC.
C6099-000873
m
, .
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
CHERYL A. KURTZ,
Plaintiff
No, 2002 - 4788
v,
CIVIL ACTION - LA
JACQUE A. KURTZ,
Defendant
(In Divorce)
AFFIDA vrr OF CONSENT
COMMONWEALTH OF PENNSYL VANIA )
SS.
COUNTY OF CUMBERLAND
)
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code w s filed on
October I, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of the Notice of
Intention to Request Entry of a Divorce Decree.
I verify that the statements made in this Affidavit are true and correct to the st of my
knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of IS Pa. C.S" Section 4904 relating to unsworn falsi cation to
authorities.
Date: .-3- 10-0$
laintiff
SVlf~rn to anif sub
~ day ot'
!.
ribed before me this
2005,
i'!,.i;":"Li'.I_':IU
P/l.T'::<~i('iA A Pi:; - fO,'! NChry p; ,',.,Iif,
L0':/i,;r ';)a~!on I" O~UPh;,'; CO!~;;~;~~
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,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHERYL A. KURTZ,
Plaintiff
No, 2002 - 4788
v,
CIVIL ACTION - LA
JACQUE A. KURTZ,
Defendant
(In Divorce)
DE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division 0 property,
lawyer's fees or expenses if! do not claim them before a Divorce is grant
3. I understand that I will not be divorced until a Divorce Decree is ent ed by the
Court and I further understand that a copy of the Decree will be s nt to me
immediately after it is filed with the Prothonotary.
I verify that the statements made in this Waiver are true and correct to the st of my
knowledge, information, and belief I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to a thorities.
Date:
l-l,--~(
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHERYL A. KURTZ,
Plaintiff
No, 2002 - 4788
v,
CIVIL ACTION - LA
JACQUE A. KURTZ,
Defendant
(In Divorce)
AFFIDAVIT OF CONSENT
COMMONWEALTH OF PENNSYL VANIA )
SS,
COUNTY OF CUMBERLAND
)
!
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code wa filed on
October 1, 2002,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety 90) days
have elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final Decree in Divorce after service of the otice of
Intention to Request Entry of a Divorce Decree,
I verifY that the statements made in this Affidavit are true and correct to the be t of my
knowledge, information, and belief. I understand that false statements herein e made
subject to the penalties of 18 Pa, C.S" Section 4904 relating to unsworn [alsifi ation to
authorities,
Date: ~ <l-L 04-
A,
Swo,r to and Dribed before me this
~ day of ~c ,2004.
, Notary Public
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
CHERYL A. KURTZ,
Plaintiff
No, 2002 - 4788
v,
CIVIL ACTION - LA
JACQUE A. KURTZ,
Defendant
(In Divorce)
E
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division 0 property,
lawyer's fees or expenses if I do not claim them before a Divorce is grant
3. I understand that I will not be divorced until a Divorce Decree is eote ed by the
Court and I further understand that a copy of the Decree will be s nt to me
immediately after it is filed with the Prothonotary.
I verity that the statements made in this Waiver are true and correct to the b st 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 a thorities.
Date: ~
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHERYL A. KURTZ,
Plaintiff
No, 2002 - 4788
v.
CIVIL ACTION. LA
JACQUE A. KURTZ,
Defendant
(In Divorce)
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the Record, together with the following information, to t Court for
entry of a Decree in Divorce:
1. Ground for Divorce: irretrievable breakdown under Section 3301(c) oft e Divorce
Code,
2. Date and manner of service of the Complaint: Defendant accepted ' e, by and
through his attorney, by having his attorney sign an Acceptance of Se ice on or
about October 15, 2002. The Acceptance of Service is docketed at he above-
captioned term and number, verifYing same.
3. As required by Section 3301(c) of the Divorce Code, Plaintiff ex cuted her
Affidavit of Consent on January 6, 2005. Defendant executed his .davit on
December 9,2004. The parties' respective Affidavits were filed on Janu 7,2004.
4. Related claims pending: None.
5. Plaintiff's Waiver of Notice under Section 3301(c) of the Divorce ode was
executed on January 6, 2005. Defendant's Waiver was executed on De mber 17,
2004. The parties' respective Waivers were filed on January 7, 2004,
Respectfully Submitted,
Date: Jin~_lt J 1004
\J
~------
By:
/ Un95ay Gin c Mac y, E
VAttorney 1.D. , 87954
I 029Scenery Drive
Harrisburg, Pennsylvania 17 09
(717) 657-4795
Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEA
OF CUMBERLAND COUNTY
STATE OF
PENNA,
CHERYL A. KURTZ,
Plaintiff
No.
2002-4788
(Civil T rm)
JACQUE A.
VERSUS
KURTZ,
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Defendant
DECREE IN
DIVORCE
AND NOW,~~"~
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2005
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IT IS ORDERE
Cheryl A.
Kurtz
, PLAINTIFF,
DECREED THAT
Kurtz
Jacque A.
, DEFENDAN ,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA
YET BEEN ENTERED;
None.
The parties'
Property Settlement and Separation Agreement
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January 6,
2005 is herein
incorporated, ..b):l~;;.? merged.
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