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FRANK J. KAUTZ I IN THB COURT OF COMMON PLBAS OF
PLAINTIFF I COUNTY, PENNSYLVANIA
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VB. I 96 -3950
I IN DIVORCE
CATHERINE J. KAUTZ I
DEf'I!lNDANT I CIVIL ACTION LAW
CERTIFICATE OF PERSONAL SERVICE
I,
YURI GASPAR
, being duly sworn acoording to
Law, say that I personally served:
CATHERINE J. KAUTZ
126 50~rH 2ND STREET
WORMLEYSBlJRG, PA
by handing him/her a copy of the following document:
NOTICE TO DEFEND AND CLAIM RIGHTS AND COMPLAINT IN DIVORCE
.on the 12th day of
July
, 199 6 at 6:30
~:m./p.m.
DATE
07/1-J' /.lv
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SIGNATURE
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanovor Slreel
Cartl61e, PA 17013
(717) 240-1)535
.. Robert .lIck.r, II
Divorce Muler
Tr.cl 010 Col~.r
Ofllee Maneger'Reporter
w..t 'hore
697,0371 Ex\. 6535
December 16, 1997
James M. Bach, Esquire
352 South sporting Hill Road
Mechanicsburg, PA 17055
Bradley L. Griffie, E~quire
GRIFFIE & ASSOCIATES
200 North Hanover street
carlisle, PA 17013
REI J. Frank Kautz vs. Catherine J. Kautz
No. 96 - 3950 civil
In Divorce
Dear Mr. Bach and Mr. Griffiel
I am writing in response to a copy of Mr. Griffie's
letter which Mr. Bach sent to me, which was dated December B,
1997. According to the letter to Mr. Bach from Mr. Griffie,
Catherine J. Kautz is going to withdraw her request for
counseling. consequently, I am going to proceed with the
directive to file pre-trial statements.
Mr. Bach filed an amended complaint around November lB,
1997, (the original document has not yet been forwarded to me
from the Prothonotary's office). Mr. Bach raised the economic
issues of equitable distribution, alimony, alimony pendente
lite, and counsel fees and expenses. Mr. Griffie apparently
filed an answer to the amended camplaint; however, I have not
yet received that original document from the Prothonotary.
I am directing each counsel to file a pre-trial statement
in accordance with P.R.C.P. 1920.33(b) on or before Monday,
January 12, 199B. Upon receipt of the pre-trial statements, I
will immediately schedule a pre-hearing conference with counsel
to discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Oivorce Master
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1. PRANK KAUTZ,
PIaIntIJt'
VI.
KATHRYN 1. KAUTZ,
Defeodam
: IN mE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: No, 96-3950
: CIVIL AcrION. LAW
: IN DlVORCE
pRAECIPE
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Please withdraw the request for counseling tiled by the Def~tf..ft~ in :.n ;,'
-". t.; :i!
the above-captioned action.
Date: 1..l'~h7
, Esquire
mey fi efendant
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
Plaintiff
: IN THE COURT OF COMMON PLBAS OF
: CUMBERLAND COUNTY, PBNNSYL V ANIA
J, Fl\ANK KAUTZ,
VI, : No. 96-3950
KATHRYN " KAUTZ, : CIVIL ACTION. LAW
Defendant : IN DIVORCE
You are hereby notified to file I written reaponae to the encIoaecl Anawer and
Counter..clalm to Amended Complaint In Divorce within twenty (20) day. &om ,aervlce
hereof or a judgment may be entered against you.
Respectfully submitted,
GRIFFIE & ASSOCIATES
Date: 1"."1 I OS' h 7
('
-.
~ squire
rth Hallover Street
arUslt>; PA 17013
(717) 243-S55 I
(800) 347.5552
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COUNT II
12, Defendant's answers to paragraphs I through II of the Amended Complaint
are Incorporated herein by reference .. if set forth in their full text,
13, Admitted.
14. Admitted.
WHEREFORE, Defendant requests your Honorable Court to equitably distribute
the parties' marital BIlsets pursuant to the Domestic Relations Code.
COUNT ill
IS. Defendant's answers to paragraphs I through 14 of the Amended Complaint
are incorporated herein by reference as if set forth in their full text.
16, Denied. It is denied thai Defendant is unable to pay the necessary counsel
fees, costs and expenses and further denies that the Plaintiff is more able to pay them.
WHEREFORE, Defendant requests your Honorable Court to dismiss Count III of
Plalntift's Complaint.
COUNTER-CLAIM
Count I
17. Defendant's answers to paragraphs I through 16 of the Amended Complaint
are incorporated herein by reference as if set forth in their full text.
18. Defendant is unable to provide for or afford her counsel fees, expenses and
costs during the pendency of this divorce action and through its resolution.
19. Defendant is without sufficient property and otherwise unable to financially
support herself.
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A~G 0 7 1990
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(FRANK J.) J. FRANK KAUTZ, I IN THE COURT OF CO~ON
I PLEAS OF CUMBERLAND COUNTY,
Plaintiff I PENNSVLVANIA
I
VS. I CIVIL ACTION
I
(CATHERINE) KATHRYN J. KAUTZ, I ,\1.,. <'It! .J>, i 'jC C",\) "I.'rl"
I
Defendant I IN D;IVORCE
QBJ2.IB
AND NOW, this ~~ day of August, 1996, upon presentation
and oonsideration of the within Petition, it is hereby ordered
and direoted that the parties shall attend no less than three
oounseling sessions with a counselor to be selected by the
Petitioner. Respondent is speoifically ordered and direoted to
attend and participate in the aforementioned counseling sessions
which shall be scheduled at a time when the Respondent is
available for such sessions.
I
BY T'u~
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vs.
IN THE COURT OF COHMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
1',1-" (IlL 3(/ '5e.) ('~....S Tt?r/l\
IN DIVORCE
(FRANK J.) J. FRANK KAUTZ,
Plaintiff
(CATHERINE) KATHRYN J. KAUTZ,
Defendant
PBTITION POR COU~
AND NOW comes Petitioner, Kathryn J. Kautz, by and through
her legal counsel of record, Bradley L. Griffie, Esquire, and the
law firm of Griffie & Associates, and petitions the Court as
follows:
1. Your Petitioner is the above-named Plaintiff, an adult
indi v idual, currently res iding at 126 South Second stree.t,
Wormleysburg, Cumberland county, pennsylvania.
2. Your Respondent is the above-named Defendant, J. Frank
Kautz, currently residing at 2120 Queens Drive (A1), Harrisburg,
Dauphin County, pennsylvania.
3. The parties were married on February 3, 1994, and
separated when the Respondent removed himself from the marital
residence on June 2, 1996.
4. The Respondent filed a Complaint in Divorce under
Section 3301(c) of the Divorce Code claiming that the marriage is
irretrievably broken.
5. The Petitioner does not believe that the marriage is
irretrievably broken, but rather, believes that through the
assistance of an appropriate marriage counselor, the parties can
reconcile their differences and maintain their marriage.
6. Respondent is 100' disabled by the Veteran'.
Administration and reoeiving VA disability, as well as Sooial
Seourity disability, due to a mental disability.
7. When the Respondent vacated the party's marital
residenoe on June 2, 1996, he did not take with him his
prescribed medications.
8. Respondent is residing with a female friend
9. Petitioner bel ieves that if the parties are able to
counsel with a third party that the Respondent's position will
change so as to assist in allowing the parties to reconcile their
differences and maintain their marriage.
10. Petitioner has income of approximately FIVE HUNDRED
FORTY-ONE and XX/100 ($541.00) DOLLARS gross per month.
11. Respondent has income of approximately TWO THOUSAND
EIGHT HUNDRED and XX/100 ($2,800.00) DOLLARS per month net.
12. Petitioner is unable to pay for the counseling sessions
that she requests and requires, but the parties do have
sufficient funds through Respondent's income and insurance
benefits through CHAMPVA to assist in payment for the counseling
Iilessions:
VIL MARITAL DEBT
At the time the parties separated, when the Plaintiff left the Defendant without notice, the Defendant was left
with various outstanding joint debts, Many of these were associated with month-to-month bills, but there were
various credit cards and similar debts that had been Incurred as well. Some of these debts were in Joint names and
known to the Defendant while others were In Plaint Ill's name alone and were not known to the Defendant. In fact,
one of the debts waa for a ring or other Jewelry that the Plalntiffpurchaaed for his glrll1iend.
The debts arc itemized on the a\lached Inventory and Appraisement to the best of Defendant's knowledge.
Delimdant reserves the right to up-date the debts following the pre-trial conference.
VIII. PROPOSED RESOLUTION
It is proposed that due to the tremendous discrepancy in the parties' income and earning capacities, that the
marital residence located at 126 South Second Street in Wormleysburg be conveyed to Wife alone. She will then
have responsibility for re-payment of the mortgage due and owing to Chemical National Bank on the former marital
residence.
Defendant will retain the 1978 Ford Thunderbird that is in her possession and Plaintiff will transfer ownership
into Defendant's name alone.
With respect to the 1995 Ford Taurus, Defendant will sign any documents necessary to waive, relinquish, or
transfer any interest she has in that vehicle to Plaintiff as his sole possession.
In the event it is necessary to execute any documents to place the other vehicles in the parties' children's
names, both parties will do so to transfer the 1984 Jell a into their son's name and the 1986 Reliant into their
daughter's name, if this has not already been accomplished.
Personal property will remain "as is",
Plaintiff will be required to pay alimony in the amount of 40% of his income until the mortgage on the former
marital residence is paid in full, at which time the alimony would cease.
J.Im:IA1JNYENTORY A~D APP!J.t\~
MARITAL DATI or NON-MARITAL
ASSIT VALUE VALUA1'ION PORTION INCUMBRANCE
I )ReaI Estate unknown N/A None MortP8c to
126 South Second Strcct Chemical National
Wormleysburg, PA Bank
2 )Personal property varied N/A None None
3)1970 Ford Thunderbird 500,00 Present Nonc Nonc
4)1995 Ford Taurus 13,000,00 Prescnt Nonc unknown
'I,
EXHIBIT "AU
MARITAL AMOUNT AT DATlINITIALLV INITIAL ,UIlPf)SI PA YMINT
>>.U.I DATI or INCURRED AMOUNT or DEBT ItWlI
SEPARATIOI'j
DPP 250,00 varied varied unknown unknown
(approx. )
Sears credit card 300,00 varied varied vehicle repairs unknown
Visa 1,000,00 varied varied living expcnses unknown
MasterCard 3,000.00 varied varied various unknown
Musselmans Jewelers unknown 1996 unknown Jewelry for unknown
Husband's girlfriend
American General 1,600,00 1995 unknown purchase personal unknown
property
Benelicial 800,00 1995 unknown consolidation unknown
The above Information Is provided to the best of the Defendant's knowledge and information, Defendant will
continue in her allempts to secure statements as to the exact balances due on the above-referenced debts at the time
of separation .
In addition, Defendant will &Itf:mpt to secure a statement reflecting the delinquent status of the various
monthly bills on the marital residence at the time of separation,
INCOME AND EXPENSE STATF-MENT OF
KA'T'ImVN .1. KArlTZ
SSN 166 ...,jL. 4011 DFh.~660 OATE
THIS STATEMENT MUST BE FILLED OUT
(It you are selt..mployed or I' YOIl are salaried by a bllslness 0' which you are owner In whole or In part, you mllst
elso 1111 out the Supplemenllllncome Statement which appeal1l on the lut page 0' this Income and Expen..
Statemenl)
INCOME
(a) WageS/Salary
Employer &. Address ~I 1',"""",lnyt"!<!
Job TlthtlOescrtptlon Baaaer/DOIlE New CUntlerland
Pay Period (weekly, bl-wftkly. monthly) Weeklv
Gross Pay per Pay Period ..._........._._...................._..__......___.
Payroll Oeducllons:
Federal Withholding ..................$_
Soci.al Se<:llrlty ...........................$
Local Wage Tax ..........................$
Srale Income Tax ....____..........$
Retirement ..................................$
Health Insurance .-.-_.__.._.._...$
Other (spe<:Ity) ............................$
........._.-..__..._.._-~-..........I
100.00
--
,........................$
.........................$
Net Pay per Pay Period ...........................................................................................................01........... S 100.00
(b) Othltr Income
Interest/OlvldendS ......................$
PenSlon/Annu,ty .........................$
SOCial Security ...........................$
RentS/Royalties ......................,...$
Expensa Account .......................$
Gifts .............................................$
Unemployment Compensation.$
Workmen's Compensation ........$
Week
Month
$ S
$ S
$ S
$ $
$ $
$ S
$ $
$ $
$ $
Vear
Total, Other Income .......................$
'NCOME ANO EXPENSE STATEMENT OF
Kathryn J. Y..!utz
I ..nty lhlllne Slare",.ntl made in Inlllncome and e..pense Stat.
m.nt II' true ,and correct. I und.rsrand th.t '11.. slalemenll her.in
a.. made SUOIICI fO Ine Denalllal 0' fa PLC.S. ~ IlIaUnglo
unlwer" '111,t1c.tlCln to ,IuU'Iorllle..
Oarl:
Plllntl" or O".ndanl
EXlfIB1T "n"
Household Child Household Child
WHk WHk Month Month
EXPENSES
Home
M ortg age/Ren t ..................... ...................... S S S 228.12 S
Main tenancII ..,........................................ S S S 20.00 S
UtllIUes (lelephone, heating
electrtc, etc.) ..............._......................... S $__ $ 305.00 S
Emplovment (transportation,
I u nc; helS) .... 0'" .......... ............. .................. S $ $ ...1.Q",Qg - S
Taxes
Real Estate ....(IlIir;h~L....._......._. $ $ $ S
Personal Property ..._ S S S S
Income ........................._ S $ S S
Insuranca
Homeowners .....~_........_. S S S S
Automobile ......................._.................... S $ S 93.33 S
Lile/AccldenUHe.lth .............................. S $ $ 70.00 S
Other ........................................................ S S S S
Automobile (payments. fuel,
repairs) .................................__.......... S S S 100.00 S
Medical
Ooctor. Oentlst, Orthodontist ................ S S $ 5.00 S
Hospital ......................................-............ S $ $ S
Special (glasses, braces. etc.) ............... S $ S S
Education
Pmate. Parochial School....................... S S S S
COllege ..................................................... S S S S
Personal
Clo th I ng ..... .... ........ ..., ,............................. S S S 70.00 S
Food ............................................_.......... S S S 346.67 S
Other (household supplies.
oarber, etc.) .......................................... S S S 43.33 S
Credit payments and loans .................... S S S 360.00 . S
MISCellaneous
Household help/child care ..................... S S S S
Entertainment (Inc. papers.
books, vacation, pay TV, etc.) ............ S S S 40.no S
Gifts/Charitable contributions .............. S S S 10.00 S
Legal Fees ............................................... S S S S
Other child support/alimony
payments ............................................. S S S S
Other (specify) ............................................... $ S S S
Total Expenses ............................................. S S S 1. 711. 4~ S
. See attachrrent
171 The value of a pension or retlnment benents, the marital portion thereof, and lhe faets
and doeumentatlon UpOIl whleh the party relies to support the valuation.
The value of the social security disability is $696.00 per month alld the lion-marital value'
of the V A disability Is $2,036,00,
\8\ If there is a e1alm for counsel fees, the amount of fees to be eharged, the basis for the
chlrge, and a detailed itemization of tbe services rendered.
(a) No cluim.
\91 Where there is II dispute, the description Ind value of any items of tangible personal
property, the method ohlllulng cllch item, IInd the evidence Ineludlng documcntatlon,to be
offered In support of the valuation.
There may be a dispute as to the value of the rcal estate and we recommend an appraisal
by the wife since shc is in residence, Wc are ulso not aware of any mortgage balance and are
requesting proof of the same,
1101 A lI~t of mllrltal debts, includlnll lhe amount of cuch debt liS of tbe dute of scpuratlon,
the date of which the debt was Initlully lncurrcd, the Initial umount of the debt and its
purpose, the amounts and dlltes of puyments made since the date of sepuration, and the
evidence which will be offered In support of the claim.
Thcre is crcdit curd debt, thut is muritul, and husband hus mude post-scpurution payments
on this dcbtand husbund is not clear us to thl~ full outcome of thc credit curd debt.
J, Frank Kautz is not cntirely surc of thc murital dcbts. and in considcration of his
condition. proof und invoices should bc supplicd to the Muster.
3
ASSETS OF PARTIES
The Plaintiff marks on the list below those ilems applicable to lhe cnse at bar and
itemizes the assets on lhe Ibliowing pnges. If an item has been appraised, a copy of the
appraisal report will be auached hereto.
I. REAL PROPERTY
2. MOTOR VEHICLES
3. STOCKS, BONDS. SECURITIES and OPTIONS
4. CERTIFICATES OF DEPOSIT
5. CHECKING ACCOUNTS, CASH
6. SAVING ACCOUNTS. MONEY MARKET, AND SAVINO
CERTIFICATES
7. CONTENTS OF SAFE DEPOSIT BOX
8. TRUSTS
9. LIFE INSURANCE POLICIES (include face and cash values and
current beneficiaries),
10. ANNUITIES
11, GIFTS
12. INHERITANCES
13. PATENTS, COPYRIGHTS, INVENTIONS, and ROYALTIES
14, PERSONAL PROPERTY OUTSIDE OF HOME
15, BUSINESS (list all owners, Including perccntagc of ownership, and
officer I direclor positions held by party with company).
16. EMPLOYMENT TERMINATION BENEFITS (severance pay,
workmans comp.).
17. PROFIT SHARING PLANS
18, PENSION PLANS (indicalc employce contribution and date plan vests)
19. RETIREMENT PLANS, INDIVIDUAL RETIREMENT ACCOUNTS
20. DISABILITY PA YMENTS
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MARIT AL PROPERTY
The PlaintitT lists all marital property III which dthcr or holh spouses have a legal
or equitable interest Individually or with any other person as of the date this action was
commenced:
ITEM DESCRIPTION NAMt:S m" DATE OF
NO. ~All OWNEW) ACQUlstTto~ VALUE
I. 126 S. 2'" Sl. Wonnlcy.burg, I'A Jolnl 1984 $50,OOO~
2, Uou.ehold furnl.hlngs Jolnl 1985 $3,000
3, 1995 Ford TBUru. Automobile HusbBnd 1995 $12,000(')
4, 1978 Ford T.lllrd AUlomoblle Wife Unknown $2,000
· This value is merely surmised and husband is re:Juestlng an appraisal
(.) This car has a debt against It of apparently $12,000,
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~'It:.t bf"J'i'~i/ '-f'~: I,.
J. FRANK KAUTZ, t IN THE COURT OF COMMON PLEAS OF
Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA
t
VI, t NO. 96 - 3950 CIVIL
t
KATHRYN J, KAUTZ I t
Defendant t IN DIVORCE
THE MASTERt Today is Friday, May 22, 199B. This
is the date set for a conference with the parties and oounsel.
Present in the hearing room are the Plaintiff, J. Frank Kautz,
and his oounsel James M. Bach, and the Defendant, Kathryn J.
Kautz, and her counsel Bradley L. Grif:ie.
This action was a commenced with the filing of a
divorce complaint on July 11, 1996. The complaint raised the
grounds for divorce of irretrievable breakdown of the marriage.
No economic claims were raised in the complaint. Counsel have
advililed that the parties are going to complete the divorce under
Section 3301(c) of the Domestic Relations Code. Mr. Bach has
provided the Master with an affidavit of consent and waiver of
of notice of intention to request entry of divorce decree. Mr.
Griffie has indicated that he will likewise provide a signed
affidavit and waiver so that the Master can file these documents
with the prothonotary.
On December 5, 1997, the Defendant filed an answer
and counterclaim in relilponse to the complaint. The counterclaim
raised the economic issues of alimony, alimony pendente lite,
and counsel fees and expenses.
The Plaintiff raised the economic issue of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses, by amended complaint filed on
November 21, 1997. Consequently, all economic claims have been
raised before the Master and both parties have raised the
request for alimony and counsel fees and expenses.
The Mastec has been advised that after negotiations
today, arililing out of our conference, the parties have reached
an agreement as to the outstanding economic issues in this case.
An agreement is going to be placed on the record in the presence
of counsel and the parties. The agreement as placed on the
record will be considered the substantive agreement of the
partielil, not subject to any changes or modifications except for
correction of typographical errors which may be made during the
~ranscription.
The agreement is going be transcribed and the
parties and Mr. Griffie are going to return to review the draft
for typographical errors. After any correction of typographical
errors are made, the parties will sign the agreement by way of
affirmation of the terms as set forth on the record at this
time. Mr. Griffie will sign as counsel for the Defendant and
Mr. Bach, to whom the agreement will be delivered after hilil
client has returned to our office, will sign as counsel for the
Plaintiff.
After the Master has been provided a signed copy of
the agreement, he will prepare an order vacating his appointment
so that counsel oan prepare a praecipe transmitting the record
to the Court requesting a final decree in divorce. Mr. Griffie.
MR. GRIFFIE: The parties stipulate and agree as
follows:
1. As joint owners of the real estate located at 126 South
2nd street, in Wormleysburg, Cumberland County,
Pennsylvania, the parties are obligated undor a mortgage
due and owing to chase Manhattan Bank.
Within 15 days of execution of the stipulation entered
into by the parties, and upon presentation of the deed to
be prepared by counsel for the Defendant, Plaintiff shall
sign the deed and deliver it to counsel for the
Defendant conveying all of his right, title, and interest
to the property located at 126 South 2nd Street,
Wormelysburg, Cumberland County, Pennsylvania.
Upon delivery of the deed, Defendant shall immediately
thereby assume sole and exclusive responsibility for
repayment of the mortgage due and owing to Chalile
Manhattan Bank and shall indemnify Plaintiff and hold him
harmless from any demands for payment or collection
activity with respect to the aforesaid mortgage.
2. The parties shall retain all personal property presently
in their possession inclUding tangible and intangible
personal property. Neither party shall make demand upon
the other for the transfer or return of any tangible or
intangible personal property from time of execution of
this stipulation forward.
3. The parties are the owners of a 1978 Ford Thunderbird and
a 1995 Ford Taurus. Defendant shall retain as her sole
and exclusive possession the 1978 Ford Thunderbird and
Plaintiff shall retain as his sole and exclusive
possession the 1995 Ford Taurus.
Each party shall be responsible for any and all
encumbrances of their respective vehicles that they are
retaining and shall indemnify the other and hold them
harmless from any and all demands for payment or
collection activity with respect to any such
enoumbranoes.
4. At the time of their separation, the parties had certain
debts which they have ugrecd to ussume from this time
forward. Plaintiff agrces that he shall be solely and
exclusively responsible for. the repayment of the DPP
debt, the MasterCard debt, the Musselman's Jewelers debt,
the Beneficial Finance Company debt, and any outstanding
obligations for medical servir.es rendered to Plaintiff.
Defendant shall be solely and exclusively responsible for
repayment of the credit card debt due to Sears, the
Visa credit card account, the American General Finance
company loan, and any water and sewer obligations or
liens against the parties' former marital re~idence.
In addition, in the event that there are medical bills
due for medical services provided to Defendant, she shall
be responsible for those medical bills.
Each party agrees to indemnify and hold harmless the
other party with respect to the debts hereinunder assumed
and shall see that those debts are paid in full and in a
timely fashion.
5. The parties agree that a certain spousal order presently
in existence at the Cumberland County Domestic Relations
Office docketed to DR 25660 and No. 809 S 96 shall be
terminated effective May 31, 1998. In conjunction with
the termination of that spousal support order, the
parties shall enter into an agreed upon alimony or
alimony pendente lite requiring the following
payments:
For the period from June 1, 1998 through November 30,
1998, Plaintiff shali pay the sum of $800.00 per month;
for the period from December 1, 1998 through May 31,
1999, Plainitff shall pay the sum of $700.00 per month;
fr.om the period from June 1, 1999 through November 30,
1999, the Plaintiff shall pay the sum of $600.00 per
month; for the period from December 1, 1999 to May 31,
2000, the Plaintiff shall pay the sum of $300.00 per
month; for the period from June 1, 2000 to November 30,
2000, the Plaintiff shall pay the sum of $200.00 per
month; and for the pe~iod from December 1, 2000 to May 31
200\, the Plaintiff shall pay the sum of $100.00.
These amounts shall be paid through the Cumberland County
Domestic Relations Office and shall be due and payable
no later than the 15th of each month.
The term end the amounts of the alimony payment shall be
nonmodifiable. Further, though, thilil alimony obligation
shall cease upon wife's remarriage or oohabitation with
an individual Of the opposite sex and upon either party's
death,
Assuming 011 payments have b$on made pursuant to the
eohedule set forth above, this alimony order shall
automatically terminate effective May 31, 2001, unlelils
previously terminated as provided hereinabove.
6. Both parties shall immediately execute an affidavit of
consent and woiver of notice of intention to requelilt
entry of divorce decree and shall submit the consent
and waiver to the Master's office for return along with
this stipulation to the Court.
7. Except as herein otherwise provided, each party may
dispose of his or her property in any WBY 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,
statutory allowance, widow's allowance, right of
intestacy, right to tBke against the will of the Qther,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be nocessary or advisable to carry into effect
this mutual waiver and relinquishment of all such
interests, rights, and claims.
MR. GRIFFIE: Ms. Kautz, were you present here
today to hear the dictation of the entire stipUlation and
agreement that was entered into between you and your husband?
MS. KAUTZ: Yes, I was.
MR. GRIFFIE: Do you understand the terms of the
stipulation and agreement?
MS. KAUTZ: Yes, I do.
MR. GRIFFIE: And is it your desire that that
ItipulllUon and agreement be made an order of court and be the
final agreement .ettling all matters assooiated with your
divoroe?
MS. KAUTZ: Yes, I do.
MR. BA~HI Frank, it's important that you
undentBnd what's going on here today. I think you have a
grasp. This ilil to divide up your property and to get a divorce,
do you understand that?
MR. KAUTZ: Right.
MR. BACH: Essentially what's happening hero,
you're agreeing to transfer the house over to your wife and Iilhe
agrees to pay the mortgage balance of approximately $10,000.007
MR. KAUTZ: Right.
MR. BACH: You agree that you'll make payments to
her over a three year period as follows: $800.00 for six
months; $700.00 for six months; $600.00 for six months; $300.00
for six months; all the way down until it goes down to $100.00
for Iilix months. That would in the year 2001 -- May 31, 2001.
Do you understand that?
MR. KAUTZ: Yes.
MR. BACH: We are going to go over to the Domestic
Relations Office, when we leave here, and terminate the old
order and start a new order?
MR. KAUTZ: Yes.
MR. BACH: You'll pay the MasterCard, Musselman's,
and Benet10ial bills?
MR. KAUTZ I
MR. BACH I
General bi Us?
MR. KAUTZ I Yes.
MR. BACH: Both vehicles are in your name, you keep
your vehicle; Iilhe keeps her vehicle, and as far as the oontents
of her house, the furniture, whatever is in the house, you make
no claims against it. She can have it all?
MR. KAUTZ: Right.
MR. BACH: Do you have a pretty good grasp of what
we have settled here today for you?
MR. KAUTZ: Sure do.
MR. BACH: Do you want us to proceod to have this
reduced to a contract that you'll sign so we can submit it to
Master and go on with the divorce?
Right.
She'll pay the Sears, Visa, and American
MR. KAUTZ: Yes.
MR. BACH: Is there anything up don't understand?
MR. KAUTZ: Not so far.
MR. BACH: It's pretty clear in your mind what's
going on here?
MR. KAUTZ: Yes.
THE MASTER: You understand Mr. Kautz and Ms. Kautz
that when you leave this room that you cannot make any changes
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