HomeMy WebLinkAbout00-02863
. .
. .
,'''Ii :f. "':f.
.
.
'-'"
"':f. '" Of.
. .
'" "'''' Of.
"":Ii :ti:li:li
IN THE COURT OF COMMON PLEAS
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
OF CUMBERLAND COUNTY
STATE OF
JOYCE E. KUTZNER.
.
.
Plaintiff
.
.
.
VERSUS
.
SCOTT D. KUTZNER,
.
Defendant
.
.
.
.
PENNA.
No.
.
.
Civil Term'
00-2863
DECREE IN
DIVORCE 4t4-~O
lh ~IT IS ORDERED AND
_0,.1<.1::'
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
AND NOW
.
.
.
.
.
.
DECREED THAT
Joyce E. Kutzner
, PLAINTIFF,
AND
Scott D. Kutzner
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY. The terms of the Marriage'
Settlement Agreement entered into by the parties on November 10,
2002, are incorporated herein.
THE COURT REIAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
.
.
.
.
.
.
None
.
.
.
.
.
.
.
.
.
.
J,
'" :ti '" :ti
. . .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
^ - - - ,'- - ,,<~ C -'0' _
AGREEMENT
BETWEEN
JOYCE E. KUTZNER
AND
SCOTT D. KUTZNER
Kathleen Carey Daley, Esquire
Counsel for Wife
Scott D. Kutzner
Pro Se
,-,-,,-
'~-- -,- " - '-' - -
-~ ';',1-,,-"
~'-'-"~
TABLE OF CONTENTS
SECTION I:
Introduction ,.,...,",.,.,',....".."".""..,.".,."..,.".."".."".,., 3
SECTION II:
General Provisions , . , , , . . , . , , , . , . . , , . . . . , , , , , . , , , , . . , , , , . , . , , . . , . , , , , . , . , , . . . . , 4
SECTION III:
Alimony, Alimony Pendente Lite,
Custody and Child Support Provisions .,."..,.",.,.""..""..,.",.,.,.",'.,. 1 0
SECTION N:
Property Distribution Provisions ",..,.",.,.."".".""..,.",.,."."".."" 11
SECTION V:
Closing Provisions and Execution, , , . . . , . , , . , , . . , . , . , , . . , . , , , , , , . , . , , , , , . , . . , . , , , 15
Kathleen Carey Daley, Esquire
DALEY LAW OFFICES
1029 Scenery Drive. Harrisburg, PA 17109
717-657-4795 Fax 717-657-4996
October 28, 2002
- .',.
",'
t/,
, ,
SECTION I
INTRODUCTION
THIS AGREEMENT made this _10 +-k dayof
by and between Joyce E. Kutzner ("Wife") and Scott D. Kutz er ("Husband").
,2002,
WITNESSETH;
WHEREAS, JoyceE. Kutzner, Social Security Number 171-54-3353, was born on April 22,
1964, and currently resides at 321 Mt. Allen Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055,
WHEREAS, ScottD, Kutzner, Social Security Number 348-60-7625, was born on February
17, 1960, and currently resides at 2107 Beacon Circle, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
WHEREAS, the parties hereto are Husband and Wife, having been married on March 26,
1988, in Enola, Cumberland County, Pennsylvania.
WHEREAS, the parties have two minor children, Ryan W, Kutzner, date of birth August
18, 1988, and Jennifer Kutzner, date of birth November 28, 1991.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling fully and fmallytheir respective financial
and property rights and obligations as between each other, including, without limitation, the settling
of all matters between them relating to the ownership of real and personal property, the equitable
distribution of such property; the settling of all matters between them relating to the past, present and
future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the
settling of any and all claims and possible claims by one against the other or against their respective
estates,
NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for
other good and valuable considerations, Wife and Husband, each intending to be legally bound
hereby agrees as follows:
3
,.__J.
,;-'
SECTION II
GENERAL PROVISIONS
1. MUTUAL CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of
~3301(c) of the Divorce Code ofl980, as amended and will execute the documents necessary to
effectuate a divorce under those provisions concurrently with the execution of this Agreement. They
agree that the entry of a decree in divorce shall be requested by counsel for Wife within ten (I 0) days
after execution of this Agreement.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to thc parties,
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE
DECREE
The provisions of this Agreement may be incorporated by reference but shall not be deemed
merged into any judgment or decree for divorce obtained by eithcr party, This Agreement shall
survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend
'that all obligations contained herein shall retain their contractual nature in any enforcement
proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement
action filed to the divorce complaint.
4. DATE OF EXECUTION
The "date of execution" or "execution date" ofthis Agreement shall be defined as the date
upon which it is executed by the parties if they have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" ofthis Agreement shall be defined as the date
of execution by the party last executing this Agreement.
4
,
< O'
'"
'" ~
'Illi<h'
5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Kathleen Carey Daley, Esquire, Husband acknowledges that he has the right to be
represented by an attorney in this matter, but has chosen to proceed without the advice or assistance
oflegal counsel. The parties acknowledge that they fully understand the facts and their legal rights
and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair
and equitable and that it is being entered into freely and voluntarily, and with such knowledge and
that execution of this Agreement is not the result of any duress or undue influence and that it is not
the result of any collusion or improper or illegal agreement or agreements,
6. TAX PROVISIONS
The parties believe and agree, and have been so advised by their respective attorneys, that
the division of property heretofore made by this Agreement is a non-taxable division of property
between co-owners rather than a taxable sale or exchange of such property. Each party promises not
to take any position with respect to the adjusted basis of the property assigned to him or her or with
respect to any other issue which is inconsistent with the position set forth in the preceding sentence
on his or her federal or state income tax returns.
The parties have heretofore filed joint federal and state tax returns. Both parties agree that
in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any
such tax is made against either of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely
and entirely by the individual who is finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns,
7. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall
be free from any contact, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as iftheywere unmarried, Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her may
seem advisable, Wife and Husband shall not molest, harass, disturb, or malign each other or the
respective families of each other nor compel or attempt to compel the other to cohabit or dwell by
any means whatsoever with him or her.
5
,-,','
- .'
"lit-.
, ,
8. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
A Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which either
may have, or at any time hereafter have for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and
amendments, as well as under any other law of any other jurisdiction, except and only except all
rights, agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the
other not expressly set forth herein,
B, Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrations, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts, contracts, engagements or
liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to
treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state,
commonwealth or territory or the United States, or any other country, It is expressly understood,
however, that neither the provisions of this release nor the subsequent entry of a divorce decree are
intended to defeat the right of either party to receive any insurance proceeds at the death of the other
of which she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest
or residuary portion of the other's estate under his or her will, or to act as personal representative or
executor if so named by the will of the other, whether such will was executed prior or subsequent
to this Agreement.
C. Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as are
expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or demands
whatsoever, in law or in equity, which either party ever had or now has against the other.
6
, 'I'
~' I
--"-,-,<'-','--':'
c
9. FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each other's
income, assets, liabilities, holdings and estate, Each of the parties acknowledges that he or she is
aware of his or her right to seek discovery including, but not limited to, written interrogatories,
motions for production of documents, depositions and all other means of discovery permitted under
the Pennsylvania Rules of Civil Procedure, Each party is satisfied that no additional information is
necessary for the execution ofthis Agreement.
10. PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4) years from the date of their divorce
decree all financial records relating to the marital estate, and each party will allow the other party
access to those records in the event of tax audits.
11. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid nnless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
12. REMEDIES IN THE EVENT OF A BREACH
Any party breaching this Agreement shall be liable to the other party for all costs, including
reasonable counsel fees incurred by the non breaching party to enforce his or her rights under the
provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of
whether litigation is instituted. In the event of default of any ofthe provisions of this Agreement by
one of the parties, the remedies available to the other are cumulative and include all remedies at law
and in equity, including those for breach of contract, under theories or equity, under the Domestic
Relations Code as amended, including ~ 3105 of the Domestic Relations Code (which includes
contempt) as if this Agreement had been an Order of Court, and shall not be limited to those
remedies specifically referred to in this Agreement.
7
1-,
13. LAW OF PENNSYL VANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
14. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
asSignS.
15. INTEGRATION
This Agreement constitutes the entire nnderstanding of the parties and supersedes any and
all prior agreements and negotiations between them, There are no representations or warranties other
than those expressly set forth herein,
16. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most
after demand thereof) execute any and all written instruments, assignments, releases, satisfactions,
deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of
this Agreement
17. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect nnless and nntil terminated nnder and
pursuant to the terms ofthis Agreement The failure of either party to insist upon strict performance
of any ofthe provisions of this Agreement shall in no way affect the right of such party hereafter to
enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver
of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of strict performance of any other obligations herein.
8
"
18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be deemed
to be a separate and independent covenant and agreement. Ifanyterm, 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. Likewise, the
failure of any party to meet her or his obligations under anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions' precedent, shall in no way avoid or alter the
remaining obligations of the parties.
19. MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail,
return receipt requested, to Joyce E. Kutzner, 321 Mt. Allen Drive, Mechanicsburg, Pennsylvania
17055, or counsel for Joyce E. Kutzner, or such other address as Wife from time to time may
designate in writing,
Any notice required by this Agreement to be sent to Husband shall be sent by certified mail,
return receipt requested, to Scott D, Kutzner, 2107 Beacon Circle, Mechanicsburg, Pennsylvania
17055, or counsel for Scott D. Kutzner, or such other address as Husband from time to time may
designate in writing,
20. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
9
,.,.
SECTION III
ALIMONY, ALIMONY PENDENTE LITE,
CUSTODY AND CHILD SUPPORT PROVISIONS
1. ALIMONY
The parties acknowledge and agree that the provisions of this Agreement providing for
equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted
by them in lieu of and in full and final settlement and satisfaction of any claims or demands that
either may now or hereafter have against the other for support, maintenance, alimony pendente lite
or alimony, Husband and Wife further, voluntarily and intelligently, waive and relinquish any right
to seek from the other payment for support, maintenance, alimony pendente lite or alimony,
2. CUSTODY
The parties agree that they shall el\ioy shared legal custody oftheir two minor children, Ryan
W. Kutzner and Jennifer Kutzner.
Primary physical custody ofthe children shall be with Wife and Husband shall have periods
of partial physical custody at times to be determined and mutually scheduled by the parties,
3. CHILD SUPPORT
The parties agree that the law and/or rules to be applied to the determination of child support
shall be the Pennsylvania Rules of Civil Procedure as administered through the Court of Common
Pleas of Cumberland County. The parties further agree that no child support shall be paid by either
party until the terms provided for in Section IV, Paragraph 4, have been concluded by the sale of the
marital home and stated payment of the liabilities discussed therein, At that time, Husband shall
begin to pay to Wife the sum of $700.00 per month, for the care and support of the parties' two
minor children, Ryan W. Kutzner and Jennifer Kutzner. At such time as the parties' son, Ryan W,
Kutzner, graduates from high school, said child support payment shall be decreased to $350,00 per
month for the care and support of the parties' daughter, Jennifer Kutzner. The parties further agree
that the child support payments to Wife, as set forth above, will be reduced by the amount of$1 00.00
per month at such time as the loan to Wife's parents and the obligation to Dr. Alba, the children's
orthodontist, have been fully satisfied,
10
, ,
'.'1
'.
, .
SECTION IV
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife. The parties do hereby specifically waive, release,
renounce and forever, abandon any claims which either may have with respect to the above items,
which shall thereafter be the sole and exclusive property of the other.
2. RETIREMENT BENEFITS
Copies of Husband' s retirement benefit statements from the Frog, Switch and Manufacturing
Company and from the Central Penn Teamsters Retirement Income Plan are attached hereto as
Exhibits "A" and "B," Husband agrees that he will execute any documents provided by Wife to
divide any marital benefits payable under either of these plans equally, pursuant to a Qualified
Domestic Relations Order. This shall include all benefits earned prior to the parties' separation of
March 1, 2000, Wife shall retain any retirement benefits she may have accumulated throughout the
marriage and Husband releases any claim he has to these benefits.
3. AUTOMOBILES
At the time of separation, the parties owned a 1995 Grand Am and a 1986 Olds Calais, Wife
has since acquired a 1996 Ford Explorer. The parties agree that the Ford Explorer shall be Wife's
property and the 1989 Olds shall be Husband's property, free from any claim ofthe other,
11
:,i
"
Ii
" "'.
'.
4. CURRENT LIABILITIES
At the present time, the parties have agreed that their incomes shall be combined and the
following disbursements shall be made from funds on a monthly basis:
A,) Scott D. Kutzner
(For rent and other essentials)
$1,000.00
R) Mortgage
$ 700.00
c.) Dr. Alba (Orthodontist) $ 140,00
(Until both children are finished with all phases as indicated below)
(I) Jennifer
a.) Balancefor Phase I: $2,344.00
b.) Phase 2 has not been determined to date
(2)
Ryan
a)
b)
Balance for Phase I:
Phase 2 not anticipated
$4,232.00
D,) Verizon Telephone
$ 75.00
E.) AT & T
$ 60,00
F,) Suburban Cable
$ 30.00
G,) P P & L Electric
H.) Shelby Insurance $ 60.00
(Car insurance premium payment covering both cars)
$ 200.00
L) Sewer
$ 35.00
J,) Trash
$ 12.00
K.) Water
$ 30.00
12
I' .... ~
"
~ -""lj
I,
II
Ii
I,
I;
I,
I'
1.) Scott's life insurance policy
(through Joyce's payroll check)
$ 20.00
11
I,
i.
~
\J
M.) Loan payment to Joyce's parents $ 200.00
(Borrowed jointly to purchase the 321 Mt. Allen property)
N,)
Ford Explorer
(Belco)
$ 230,00
At the time the marital home is sold, all balances on these liabilities shall be paid in
full, except for the orthodontist expense, The only amounts that will remain outstanding at that time
relating to joint liabilities will be the balance due to the children's orthodontist, which shall be paid
at the rate of $140 per month. Husband shall pay $70 ofthis balance and Wife shall pay $70 of this
balance, At the present time, the balance owed to Dr, Alba is more that $6,000 and it is uncertain as
to what the final balance will be, Both parties agree to pay fifty (50%) percent of the total fees after
insurance reimbursement, if any,
5. WAIVER OF PAYMENT OF LEGAL FEES
Wife hereby agrees to be responsible for any legal fees incurred on her behalf,
6. AFTER-ACOUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right ofthe
other, all items of property, be they real, personal or mixed, tangible or intangible, which are
acquired by him or her after execution of this Agreement, with full power in him or her to dispose
ofthe same as fully and effectively, in all respects and for all purposes, as through he or she were
unmarried.
7. REAL ESTATE
A. Marital Residence - The parties acknowledge that they are the owners of certain real
property known as 321 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055
(hereinafter "Marital Residence"), which is subject to a mortgage, The parties agree as follows with
respect to the Marital Residence:
13
"
"
l' .. ,__
"
(1) Wife and the children may reside in the marital home for so long as
they desire to do so,
(2) Husband agrees to satisfy one-half of the monthly mortgage payment,
each month, until the parties' daughter, Jennifer Kutzner, graduates from high school.
(3) When both parties agree to sell the marital residence, they shall
cooperate in this effort. and they agree that any proceeds remaining after the
liabilities in Section N, Paragraph 4, have been paid, shall be divided equally
between the parties,
(4) Husband agrees to keep the home in good repair and cooperate in all
regards to effectuate a prompt and profitable sale of this property,
(5) In the event that Husband fails to meet the obligations set forth in
Section N, Paragraph 4, he shall forfeit any interest he may have in the marital
home. In that event, the home shall become the sole property of Wife,
14
~. , .
SECTION V
CLOSING PROVISIONS AND EXECUTION
"
Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below,
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
set their hands and seals on the date indicated below.
~
WITNESS
WITNESS
15
~
DATE
" 1.....1 ^ 1..-
~
e'" '. "",".,,""" "W"
" ,CO,';"
"'~"" ~<'_"e-_" ."i,_-;-c.~_
, .
. > ~."--' ,,-
,..:.'*:
'..'
-",-;-,,-.
'i,",;,i",0,.,~'"'''''''''''' e,,' "C, "N' "I
I
. .
. ,
n a 0
C. f""..f ~"n
<'" - ~._,
"'O~n u"1.....
CJ i';~ ~.l]
mni ...,,-;:
-;:..- --" ~'~"\:D
z~ rv
(/) ~t: N f{J~
~6 "
;;P;:o ::r;;::
60 ~lTl
;l>~-
~
~ )0'
::.D
D -<
0'_
" .,~,; i
-
JOYCE E. KUTZNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
v,
: NO, 00-2863 CNIL TERM
SCOTT D. KUTZNER,
Defendant
: IN DNORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record together with the following information, to the court for entry of a
divorce decree:
L Ground for divorce: irretrievable breakdown under ~3301(c) ofthe Divorce Code.
2, Date and manner of service of the complaint: May 25, 2000, by certified mail,
restricted delivery.
3, (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by ~3301( c) of
the Divorce Code: by Plaintiff: November 10, 2002; by Defendant: November 10,
2002.
(b )(1) Date of execution of the affidavit required by ~3301(d) ofthe Divorce
Code: N/ A; (2) Date of filing and service of the Plaintiffs Affidavit upon the
respondent: N/ A.
~ -^--.. ,.-
,'. <.
"
"---~,
4, Related claims pending: None
5, (Complete either (a) or (b).)
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record; a copy of which is attached: N/ A
(b) Date Plaintiffs Waiver of Notice in {l3301(c) Divorce was filed with the
Prothonotary: November 22, 2002,
Date Defendant's Waiver of Notice in {l3301(c) Divorce was filed with
the Prothonotary: November 22, 2002.
~~
Attorney No. 68736
DALEY LAW OFFICES
1029 Scenery Drive
Harrisburg, P A 171 09
(717) 657-4795
Attorney for Plaintiff
'h,
"< ""
"'--- -""JiIiij
(") Cl 0
c: r" -ri
? Z
-Up:> 0 "
CluJ '"r.:
~_.l.. N }:tj
~5-; ,,)
.-< ""~,- \j(l')
"-:0 " --:;J ^~r,
~ (:)?~
2:0 ::;C
'0 - On'!
:l>c: .. -I
Z 53
=< Cl -<
-
~
" ",."'
- '",,,,,,", .-'~' ;,--~"")
,
~
"
JOYCE E. KUTZNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION -LAW
: NO. 00 - ~PW
CwLL <-y-~
v,
SCOTT D, KUTZNER,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth
in the following pages, you must take prompt action, You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against you by
the Court, A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children,
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013-3387,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHr TO CLAIM ANY OF THEM,
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
,".
~, '-
. - "~ '~-!JM:O
NOTICIA
Le ban demandado a usted en la corte, Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo aI partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que
si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted
puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted,
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE, SI NO TIENE
ABOGADO 0 SINO TIENEELDINERO SUFICIENTEDE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
.. "'~'","' '- ;'-,:.. - "-~-" ..,
','
,_"_n' '__,
"''i-
JOYCE E. KUTZNER,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
I~
~ NO, I/-() , ;2/"3 ~
SCOTT D. KUTZNER,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR SECTION 3301(d)
OF THE DIVORCE CODE
AND NOW comes the above Plaintiff, Joyce E. Kutzner, by her attorney, Kathleen Carey
Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant,
upon the grounds hereinafter set forth:
1. The Plaintiff, Joyce E. Kutzner, is an adult individual who resides at 321 Mt. Allen
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055,
2. The Defendant, Scott D. Kutzner, is an adult individual who resides at 321 Mt, Allen
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055,
3, The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately prior to the filing of this Complaint,
,~, .
"
, "d-~~." , -- ~ -. ~ -'.f ---. -
.," '"
~, -
"-i;
1
" <.
4,
The Plaintiff and Defendant were married on March 26, 1988, in Enola, Pennsylvania,
i
i
I
i
~;,
l
I,
I
I;'.
,
!
5,
The Plaintiff and Defendant are both citizens of the United States of America,
6,
There have been no prior actions in divorce between the parties,
[
Hi
7.
The Plaintiff and Defendant are not members of the Armed Services of the United
~:;
States or any of its allies,
8, Plaintiff has been advised of the availability of counseling and that she may have the
t'
,
I
I
right to request that the Court require the parties to participate in counseling,
9, The causes of action and sections ofDivorce Code under which Plaintiff is proceeding
are:
A Section 3301(c), The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an Affidavit.
B. Section 3301(d), The marriage of the parties is irretrievably broken,
The Plaintiff and Defendant separated on March 1, 2000,
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from
the bonds of matrimony.
"'-. 0_
"
,.-,
I verify that the statements made in this Complaint are true and correct, I understand that
false statements herein are made subject to the penalties of18 Pa,C.S,A 94904 relating to unsworn
falsification to authorities,
Date:
By: ~, ~ kh~(
Joyce tzner, Plaintiff
-S-/5"" /010r0
f
By:
Kathleen Carey Daley, E
Attorney No, 30078
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Plaintiff
, ,
-".- l ,_,'_ '
- "j'.,--;. ".,~ . ,~,:;_ . ~"___"_,___~ _,,~ C'"_.;.'_,._,,
<
JOYCE E. KUTZNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CNIL ACTION - LAW
v,
: NO. 00-2863 CNIL TERM
SCOTT D, KUTZNER,
Defendant
: IN DNORCE
AFFIDAVIT OF SERVICE
Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she
is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on
the 25th day of May, 2000, she did serve upon Scott D, Kutzner, the Defendant in the foregoing case,
a true and correct copy of the Complaint in Divorce by sending to him, by certified mail, restricted
delivery, to 321 Mt. Allen Drive, Mechanicsburg, Pennsylvania 17055. The receipt for said
Complaint is attached.
Said copy ofthe Complaint was duly endorsed with notice to Defendant to appear and answer
or the matter would proceed without him,
Sworn to and subscribed before me this
Jttayof-OOVMYIk ,2002.
NOTARIAL SEAL
PATRICIA A, PA TION, Notary Public
Lower P~xton Twp" Dauphin County
M Commission Expires June 20, 2006
B'.~~
Attorney No. 68736
DALEY LAW OFFICES
1029 Scenery Drive
Harrisburg, P A 17109
717-657-4795
Attorney for Plaintiff
.. .'~,,_ ,'_ _"~:"_ '_,_", c~.~
Complete items 1, ?,and 3, AfS6cOmplete
item 4 if Restricted Delivery is desired.
.- Print your name and address on the reverse
so that we can return the card.to you. "
. Attach this card to the back 01 the mailpiece,'
or on the front If space permits.
1~7~d::~r1J. \CtLh.M/
~ l f(\~. {\I\'U\ \J(\v'<'"
~~~- cS buy\ rA
'~
0, Is delivery,itjdress different
If YES, tril1~ qeliveTY add
. \".....
..
dressee
Dyes
o No
,
o Express Mail
o Return Receipt for Merchandise
OC,O,D,
~~
2. Article Numb,e, r,COPY frofl service label)
25c71--3Q,y Iou,
Pp Wm;381 ~, ~ulyn~~9; ,. ' .., Domestic Return Receipt
)eyes
102595-99-M-1789
iiJijj'~" ~
r'~'
_1tUiI~
'"'-~lIli1~1I
*~~
f:Ji'iili.!l_~""'*
~""Ifl1lIIJWIJ.
...
!
,
""-
'. "',.' ","
,,,,,,'
",,,,.j,.-
~ - ~'I
__'-0"
," ~ ~," . ~, 0' ~ "
-.""j.,--,".. ',..,-...
,_ :""_ <.k<~;"_"",, - -;ii",' '" ,
- "c'_'
'.:- "~ -:,'
....
..
JOYCE E. KUTZNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
: NO, 00-2863 CIVIL TERM
SCOTT D, KUTZNER,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on May 8,
2000,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service ofthe Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry ofthe decree,
I verify that the statements made in this Mfidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C,S,A. ~4904 relating to unsworn
falsification to authorities.
Date:~\-l6 - Od--
BY~'~~
JO E. ZNE, Plaintiff
Social Security No. 17 I-~ ~ - J3f3
c~, . ..
" '>-.';,hi_-;"~:":"_;-'"-'''_'.l< ,-~,;;,-
"'liIIi", ",n
"" '. ..~"
-.
';"'~'"
-i-<':'';;'"'-'''''
.,,-;'
rc,'
" h" ',..,'.".',,"
"
, ".',,.
..
(") ~ (")
!; "1"7
~ ;e
~ttl '-'
f1] <::> ",--
thS; ""= i"'r-},JJ
l\) ~'::~F4
;:$'<5 I\) " 1:.
~(~
~ -0 ~-:R
$& :J;: ~(')
- om
~ .- ~
c';:) -::
, '
"-.h
><"- '~~' -
-..' --~,~-,-.
- '.- - C-,;' ~ ;"i_"L"_\ '" :'~-'" "c'. -' -:-';~":::_-";di'_;;;i",ii,_:;>--"
'-;,';j
"I
,
-.
JOYCE E. KUTZNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
v.
: NO, 00-2863 CNIL TERM
SCOTT D. KUTZNER,
Defendant
: IN DNORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER &330HC) OF THE DIVORCE CODE
I, I consent to the entry of a fmal decree of divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C,S,A. 94904 relating to unsworn
)
falsification to authorities.
Date: I D 02.-
'", ,.,-,
~'r
iIil'- 0
".
.'
~-- jlillif!ll
"
.1
~ ,~
"C0,C, "","",'" '''','~'
.-,
^',
, -' ~-
, ,---
...
() Cl 0
C I'>.) 'n
s:: ::r: '~J
:-Om c:::> '~-1:n
rrlm "C
2::0 'I - i--
I'>.) --"1m
.~~.' I" ijo
')6
'':<4 ~.'..
!:::o -1.
-0 :r::):j
~o :J: (),
7C"
>0 om
~ -I
0 ~
-
_; ~. ~.,..- .-' __".'- -.. ",.;'.~" V.__. ,
, '
. ',. __ '~"'"-',. . C'".._ ,.
'"'J
:.
,
JOYCE E. KUTZNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
: NO. 00-2863 CIVIL TERM
SCOTT D, KUTZNER,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under Section 330 1 (c) ofthe Divorce Code was filed on May 8,
2000.
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service ofthe Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry ofthe decree,
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. ~4904 relating to unsworn
Date:J \ /10' 02-
falsification to authorities,
l-ii~b;,I<-" - > j..,;;,d,:" "-.;;;,,--~-;:,,-~.
;&,,",~,,",V ,,<,
","d' , '" '" .
."',-" '~f;J\'i,'
,'""",""",'A""",,,"",,.., ,
.-,,~<, ..111. ... .
,'-'",.
.~'~.;..,,-~~
~
-,
(') 0 0
~ N -:,
iReD :;e; :~i~ *
<::>
rn <: "'l~!
Z--i
t;''''' N c"h-::
!; N -'--1C:
"<Z g9,
~C -0
~8 ::;;: ;;:.f_ :!i
~,,;:C)
~c - 5m
~ " -'I
- ~
'0
"'";,~ _ _,I" ,,, _,C-',";'
: ~.
..----
,
.,
'c'-,,----
.",
'"
JOYCE E. KUTZNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
v,
: NO. 00-2863 CNIL TERM
SCOTT D, KUTZNER,
Defendant
: IN DNORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER &330HC) OF THE DIVORCE CODE
I, I consent to the entry of a final decree of divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary,
I verify that the statements made in this affidavit are true and correct I understand that false
statements herein are made subject to the penalties of 18 Pa,C.S,A. g4904 relating to unsworn
falsification to authorities.
Date: \ \ - \(l- C) '<T-
'",
",',,,,-,,,,.,,;,,, "',-, -'-"'~
",.", , .
",.,,' , .
,'"",,.,
..
," ;',"",,~, ",'",
--':'M-~'~'~'-i'.; I. I"
'-'", -,-~--
,._,-
--"
"
Q c:> 0
~ ..." --n
-,. ::;:l
..-
"UW c:> FH~
~;;B <:
".) <j~
""' ':r)
enJ.?,: ()
~Ej =:f~Y.i
~ ~" .,j ",.c1J
!- ::1: 0(')
(0 2m
>2 0
... ~
~
C) -<