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DONALD L, KITNER,
Plaintiff
)
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)
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)
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO, 97- M \"J' CIVIL TERM
ESTHER M, KITNER,
Dafendant
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
foregoing 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 in 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 Dr other rights
important to you, including custody Dr visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
I you may request marriage counseling. A list of marriage counselors is available in the Office
i of the Prothonotary at:
I
I
I Office of the Prothonotary
,I Cumberland County Court House
II Carlisle, Pennsylvania 17013
II IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
i FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
Ii THE RIGHT TO CLAIM ANY OF THEM.
Ii
,/
Ii YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
,
ii A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
ii BELOW TO FIND OUT WHERE YOU CAN GET LEG4L HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
DONALD L. KITNER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 97- 30:J'r CIVIL TERM
ESTHER M. KITNER, )
Defendant ) IN DIVORCE
NOTICE OF AVAilABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed in
the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this
list is kept as a convenience to you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
I If you desire to pursue counseling, you must make your request for counseling within
I twenty days of the date on which you receive this notice. Failure to do so will constitute a
II waiver of your right to request counseling.
Ii
2
DONALD L. KITNER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 97- 3fJ~-r CIVIL TERM
ESTHER M. KITNER, )
Defendant ) IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, DONALD L. KITNER, by his attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is DONALD L. KITNER, an adult individual who currently resides in
Cumberland County, Pennsylvania, and whose mailing address is P.O. Box 82, New
Cumberland, Pennsylvania, 17070.
2. The Defendant is ESTHER M. KITNER, an adult individual who currently resides at
1301 Ross Avenue, New Cumberland, Pennsylvania.
,
! 3. Both the Plaintiff and Defendant have been bona fide residents of the Common-
I
I wealth of Pennsylvania for at least six months immediately previous to the filing of this
,
I Complaint.
II 4. The Plaintiff and Defendant were married on 29 July 1972 in New Cumberland,
, Pennsylvania.
i
i 5. There have been no prior actions of divorce or annulment between the parties.
6. This marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff
! may have the right to request that the Court require the parties to participate in counseling.
,
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DONALD L. KITNER,
Plalnllff
)
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)
)
)
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
CIVIL ACTION - LAW
ESTHER M. KITNER,
NO. 97-3058 CIVIL TERM
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on
-:)l.((\. e q I I '1 ql and served upon the Defendant on or about S~< l1( 19Of7
2. The marriage of Plaintiff and Defendant Is Irretrievably broken and ninety (90)
days have elapsed from the date of filing of the complaint and the date of service of
the complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice
of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intenllon to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand
that th.e Court maintains a list of marriage counselors and that I may request the Court to
require my spouse and I to participate In counseling and, being so advised, do not
request that the Court require that my spouse and I participate In counseling prior to the
divorce becoming final.
24 S~
Date I ..
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DONALD L. KITNER
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DONALD L. KITNER,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 97-3058
CIVIL TERM
ESTHER M, KITNER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
-::f\\.V1 e tt l QQ1,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. I understand that I may lose rights conceming alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 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.
~904 relating to unswom falsification to .authorities,
Date: f7J-2J-1"1
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Esther M. Kitner
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DONALD L, KITNER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs, ) CIVIL ACTION - LAW
)
ESTHER M. KITNER, ) NO. 97-3058 CIVIL TERM
Defendant ) IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby enter my appearance on behalf of the Defendant, Esther M. Kitner, and accept
service of the Complaint in divorce on his behalf and acknowledge receipt ora copy of the same.
tp/ll/q1
JwA!itL~( .
'Sandra L. Meilton
Attorney for Defendant
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorce Master
Tr.cl 010 Colyer
Office ManagerlRepor1er
Welt Shore
697.0371 Exl. 6535
June 11, 1999
Sandra L. Meilton
Attorney at Law
TUCKER, ARENSBERG & SWARTZ
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
RE: Donald L. Kitner vs. Esther M. Kitner
No. 97 - 3058 civil
In Divorce
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Dear Mr. Andes and Ms. Meilton:
By order of Court of President Judge George E. Hoffer
dated June 7, 1999, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on June 9, 1997, raising
grounds for divorce of irretrievable breakdown of the marriage
and the economic issue of equitable distribution.
On June 4, 1999, the Defendant filed a petition for
alimony, alimony pendente lite, and counsel fees and expenses.
I am going to proceed on the basis that grounds for
divorce are not an issue. Based on that assumption, I am
directing each counsel in accordance with P.R.C.P. 1920.33(b) to
file a pretrial statement on or before Friday, July 9, 1999.
Upon receipt of the pretrial statements, I will immediately
schedule a prehearing conference with counsel to discuss the
issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
DONALD L. KITNER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3058
ESTHER M. KITNER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Defendant, Esther Kitner, moves the court to a~i~ a~
master with respect to the following claims: 'TJi'f, '- :-,1
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(xl Divorce (xl Distribution of P~pertf !:!i
( l Annulment ( l Support 0~; .::- :;;~
(xl Alimony (x) Counsel fees ~i:)"", ';:!:B
(x) Alimony Pendente Lite (xl Costs and Expense~M ::J.: ~)n
Pc ~ cF"
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and in support of the motion states: ~ !::; ~
(1) Discovery is not complete as to the claims for
which the appointment of a master is requested. Defendant served
a request for production of documents on Plaintiff on June 1,
1999.
(2) The defendant has appeared in the action by her
attorney, Sandra L. Meilton, Esquire.
(3l The statutory grounds for divorce are that the
marriage is irretrievably broken.
(4) The action is contested with respect to the
following claims: Divorce, Alimony, Alimony Pendente Lite,
Distribution of Property, Counsel Fees and Costs and Expenses.
(5) The action does not involve complex issues of law
or fact.
DATED:
(6l The hearing is expected to take one day.
,
's~Zt~e
TUCKER ARENSBERG & SWARTZ
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717-234-4121
ATTORNEYS FOR DEFENDANT
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THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a
business of which you are owner in whole or in part, you must also
fill out the Supplemental Income Statement which appears on pages
8 and 9 of this Income and Expense Statement.)
INCOME AND EXPENSE STATEMENT OF
ESTHER M. KITNER
INCOME
Employer:
Address:
West Shore school District
507 Fishinq Creed Road, New Cumberland, PA 17070
Type of Work: Cafeteria Manaqerl Food Service
Payroll Number: 46500
Pay Period (weekly, biweekly, etc.):
Gross Pay per Pay period:
Itemized Payroll Deductions:
Federal Withholding
Biweeklv
$ 773.82
State Income Tax
$ 76.08
48.00
7.74
21.67
48.00
Social Security
Local Wage Tax
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
Other (specify)
Medicare
11.22
, .
Weekly Monthly Yearly
(Fill in Appropriate Column)
Life $ $ 100.00 $ 1200.00
Accident
Health
Other
Automobile
Payments $ $ 233.80 $ 2685.60
Fuel 80.00 960.00
Repairs 16.00 200.00
Medical
Doctor $ $ 8.33 $ 100.00
Dentist
Orthodontist
Hospital
Medicine 13.33 160.00
Special needs (glasses,
braces, orthopedic
devices) Contacts 83.00 1000.00
Education
Private school $ $ $
Parochial school
College
Religious
Weekly Monthly Yearly
(Fill in Appropriate Column)
Personal
Clothing $ $ 375.00 $ 4500.00
Food 400.00 4800.00
Barber/hairdresser 46.66 560.00
Credit payments 191.66 2300.00
Credit card
Charge account
Memberships
Loans
Credit Union $ $ $
Miscellaneous
Household help
Child care
$
$
$
Papers/books/magazines
33.33
400.00
Entertainment
Pay TV
30.00
360.00
1500.00
vacation
125.00
Gifts
INSURANCE
Company
Policy
No.
Coverage *
H W C
Hoscital
Blue Cross
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Other
Medical
Blue Shield
OBD208424458 ~ ~
Other
Health/Accident
Disability Income
Dental
OBD208424458 ~ ~
Other
H=Husband; W=Wife; C=Child
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DONALD L. KITNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA.
v,
,
,
: NO. 97-3058
ESTHER M. KITNER,
Defendant
.
: CIVIL ACTION - LAW
: IN DIVORCE
INVENTORY AND APPRAISEMENT
OF
ESTHER KITNER
I, ESTHER KITNER, file the following Inventory and appraisement of all
property owned or possessed by either party at the time this action was commenced
and all property transferred within the preceding three years.
I verify that the statements made in this inventory and appraisement are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
(' ~ K~k,-
Esther Kitner, Defendant
ASSETS OF PARTIES
Plaintiff/Defendant marks on the list below those items applicable to the
case at bar and itemizes the assets on the following pages, If an item has been
appraised, a copy of the appraisal report is attached.
() 1. Real property
(x) 2. Motor vehicles
(x) 3. Stocks, bonds, securities and options
(x) 4. Certificates of deposit
() 5. Checking accounts, cash
() 6. Savings accounts, money market and savings certificates
() 7. Contents of safe deposit boxes
() 8. Trusts
(x) 9. Life Insurance policies (indicate face value, cash surrender value
and current beneficiaries)
() 10. Annuities
() 11. Gifts
(x) 12. Inheritances
() 13. Patents, copyrights, inventions, royalties
() 14. Personal property outside the home
(x) 15. Businesses (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
() 16. Employment termination benefits - severance pay, workman's
compensation claim/award
() 17, Profit sharing plans
(x) 18. Pension plans (indicate employee contribution and date plan vests)
(x) 19, Retirement plans, Individual Retirement Accounts
() 20. Disability payments
() 21. litigation claims (matured and unmatured)
() 22. MllitaryN.A. benefits
() 23. Education benefits
() 24. Debts due, including loans, mortgages held
() 25. Household furnishings and personalty (include as a total category
and attach itemized list if distribution of such assets is in dispute)
() 26. Other
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LIABILITIES OF PARTIES
Plaintiff/Defendant marks on the list below those Items applicable to the
case at bar and itemizes the liabilities on the following pages,
Secured
()
()
()
()
1. Mortgages
2. JUdgments
3. Liens
4. Other secured liabilities
lJ nsecu rect
(x)
()
()
()
()
5, Credit card balances
6, Purchases
7, Loan payments
8. Notes payable
9, Other unsecured liabilities
Contlnaent or DefllliG
() 10. Contracts or Agreements
() 11, Promissory notes
() 12. Lawsuits
() 13, Options
() 14, Taxes
() 15, Other contingent or deferred liabilities
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DONALD L. KITNER,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 3058
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.
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vs.
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CIVIL ACTION - LAW
ESTHER M. KITNER,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Donald L. Kitner , Plaintiff
Samuel L. Andes , Counsel for Plaintiff
Esther M. Kitner , Defendant
Sandra L. Meilton , Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the day
of at a.m.. at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
e ~rt,
rr
rge .'E: ~offt.
President Judge
Date of Order and
Notice:
By:
Divorce Master
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.
CUMBERl.AND COUNTY BAR ASSOCIATION
2 l.IBERTY AVENUE
CAHI.ISl.E. PA 17013
TEl.EPHONE (717) 249-3166
marital property in accordance with the Divorce Code of 1980, Subject to the
provisions of this Agreement, each party has released and discharged, and by this
Agreement does for himself Dr herself, and his Dr her heirs, legal representatives,
executors, administrators and assigns, release and discharge the other of and from all
causes of action, claims, rights or demands whatsoever arising out of their marriage,
except any or all cause or causes of action for divorce and except in any or all causes
of action for breach of any provisions of this Agreement. Each party also waives his
or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY:
The parties have attempted to distribute their marital property in a
manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 ~.
sea., and taking into account the following considerations: the length of the
marriage; the fact that it is the first marriage for both Husband and Wife, the age,
health, station, amount and sources of income, vocational skills, employability,
estate, liabilities and needs of each of the parties; the contribution of each party to
the education, training or increased earning power of the other party; the opportunity
of each party for future acquisitions of capital assets and income; the sources of
income of both parties, including but not limited to medical, retirement, insurance or
other benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation or appreciation of the marital property, including the
contribution of each spouse as a homemaker; the value of the property set apart to
each party; the standard of living of the parties established during the marriage; and
the economic circumstances of each party at the time the division of property is to
become effective.
The division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets, and the division is
being effected without the introduction of outside funds Dr other property not
constituting marital property. The division of property under this Agreement shall be
in full satisfaction of all marital rights of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY:
Except as may be otherwise provided herein, the parties hereto
mutually agree that they have effected a satisfactory division of the furniture,
household furnishings, appliances, and other household personal property between
them, and they mutually agree that each party shall from and after the date hereof be
the sole and separate owner of all such tangible personal property presently in his or
her possession, and this Agreement shall have the effect of an assignment or bill of
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sala from each party to the other for such property as may be in the individual
possasslon of each of tha parties hareto,
The parties hereto have divided batween themselves, to thair
mutual satisfaction, all items of tangible and intengible marital property, Neither
party shall make any claim to any such items of marital proparty, or of the separate
personal proparty of either party, which are now in the possession and/or under the
control of the other, Should it become necessary, the parties each agree to sign,
upon request, any titles or documents necessary to give effect to this paragraph.
Property shall be deemed to be in the possession Dr under the control of either party
if, in the case of tangible personal property, the item is physically in the possession or
control of the party at the time of the signing of this Agreement and, in the case of
intangible personal property, if any physical Dr written evidence of ownership, such
as passbook, checkbook, policy or certificate of insurance or other similar writing is in
the possession or control of the party. Except as may be otherwise provided herein,
Husband and Wife shall each be deemed to be in the possession and control of his Dr
her own individual pension Dr other employee benefit plans or retirement benefits of
any nature with the exception of Social Security benefits to which either party may
have a vested or contingent right or interest at the time of the signing of this
Agreement, and neither will make any claim against the other for any interest in such
benefits.
From and after the date of the signing of this Agreement, both
parties shall have complete freedom of disposition as to his/her separate property and
any property which is in their possession or control pursuant to this Agreement and
may mortgage, sell, grant, convey, Dr otherwise encumber or dispose of such
property, whether real or personal, whether such property was acquired before,
during or after marriage, and neither Husband nor Wife need join in, consent to, or
acknowledge any deed, mortgage, or other instrument of the other pertaining to such
disposition of property.
B. TAX LIABILITY:
The parties believe and agree 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 Dr her Dr 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.
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8. DON KITNER'S LANDSCAPING:
Wife hereby agrees to transfer to Husband any right, title or Interest
she may have in connection with Husband's landscaping business known as Don Kitner's
Landscaping, and Wife further agrees to sign any and all documents necessary to
enforce this provision,
In exchange for such transfer, Husband shall assume and pay any
and all liabilities owed or incurred by either of the parties because of Husband's
ownership or operation of Don Kitner's Landscaping, specifically including any taxes
owed to the United States Intemal Revenue Service and any loans owed to CoreStates
Bank (formerly Meridian Bank) and to indemnify and save Wife harmless from any and all
such claims or demands made against her by reason of such liabilities.
9. INSURANCE. INVESTMENTS, CERTIFICATE OF DEPOSIT.
PENSIONS AND RETIREMENT PLANS:
A. Eauitable Life -- Husband and Wife shall each be deemed to
be in the possession and control of his or her own life insurance policies and the cash
surrender values, if any, of said policies.
B. Lincoln Investment Plannina, Inc. Accounts -- The parties
agree that Wife shall retain the Van Kampen Government Securities Fund A and the
Van Kampen Emerging Growth Fund (Account No 670419075), Seligman
Communications and Information Fund (Account No. 8695403645) and MFS
Investment Management (Account No. 015/08185992291). If necessary, Husband
agrees to sign any and all documents necessary to enforce this provision.
C. Certificate of Deoosit - The parties agree that Wife shall
retain the proceeds from the Certificate of Deposit that was held with Dauphin
Deposit Bank.
D. IRA Accounts - The parties acknowledge that Husband has
an Equitable Life IRA and a Rightime Blue Chip IRA (Account No. 32144-6) and that
Wife has a Rightime Blue Chip IRA (Account No. 32146-2). Husband and Wife shall
each be the sole owner of his or her individual retirement accounts and each of them
does hereby waive and release any claim or interest in the said accounts held Dr
registered in the name of the other.
E. Pensions and Retirement Plans - The parties agree that
Husband has a Teamsters retirement income plan and a Teamsters pension and that
Wife has a pension with the Public School Employes' Retirement System. The parties
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agree that Husband shall retain his Teamsters pension and retirement incoma plan
and that Wife shall waive all of her right, titla and interest in said pension and
retirement income plan. It is further agreed between the parties that Wife shall retain
her Public School Employes' Retiremant System pension in full and that Husband
shall waive all of his right, title and interest in Wife's pension,
10. CEMETERY LOTS:
The parties' two cemetery lots and related items at Tri-County
Memorial Gardens shall become the property of Husband. Husband and Wife shall
make, execute, acknowledge, and deliver any and all documents necessary to
transfer the cemetery lots to Husband's name alone and shall cooperate with each
other to accomplish such transfer in a timely and orderly fashion.
11. CASH PAYMENT: C:.\L t: _\.
JI..(tdi~-"" (,.0 Cr.JS "'~ ~~ 01" ~vi),,(~
()L. Husband shall provide to Wife 1m th" nRtA of si!lfliflS ef this
%Asreel"..,lt the sum of Seven Thousand Five Hundred ($7,500.00) dollars, either in
cash or via a certified bank check or money order.
12. ALIMONY:
Both 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 or alimony. Husband and
Wife further, voluntarily and intelligently waive and relinquish any right to seek from
the other any payment for support or alimony.
13. ALIMONY PENDENTE LITE. COUNSEL FEES, AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of
this Agreement providing for the equitable distribution of marital property of the
parties are fair, adequate and satisfactory to them. Both parties agree to accept the
provisions set forth in this Agreement in lieu of and in full and final settlement and
setisfaction of all claims and demands that either may now or hereafter have against
the other for alimony pendente lite, counsel fees or expenses or any other provision
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for their support and maintenance before, during and after the comme'ncement of any
proceedings for divorce or annulment between the parties,
14, INCOME TAX PRIOR RETURNS:
The parties have hereunto filed certain joint income tax returns
and Husband represents and warrants to Wife that he has heretofore duly paid all
income taxes due on such returns; that he does not owe any interest or penalties
with respect thereto; that no tax deficiency is pending or threatened against him; and
that no audit is pending with respect to any such return. If there is any deficiency
assessment on any of the aforesaid returns, Husband shall give Wife immediate
notice thereof, in writing. Husband further warrants that, if any additional tax,
penalty, or interest is determined to be due as a result of his income Dr the inaccurate
or incomplete reporting of his income, he shall pay the amount determined to be due,
together with interest and penalties, if any, as well as any expenses that he may
incur resisting Dr contesting such tax assessment.
15. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of
his or her property in any way, and each party hereby waives and relinquishes any
and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a
result of the marital relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, right to take in intestacy, right to take
against the will of the other, and right to act as administrator or executor of the
other's estate. Each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such interests, rights and claims,
16. MUTUAL CONSENT DIVORCE:
The parties agree and acknowledge that their marriage is
irretrievably broken, that they do not desire marital counseling, and that they both
consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A, Section
3301 (c). Accordingly, both parties agree to forthwith execute such consents,
affidavits, or other documents and to direct their respective attorneys to forthwith file
such consents, waivers, affidavits, or other documents as may be necessary to
promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c).
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20, VOLUNTARY EXECUTION:
The provisions of this Agreement end their legal effect have been
fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into
voluntarily, with full knowledge of the assets of both parties, and that it is not the
result of any duress or undue influence. The parties acknowledge that they have
been furnished with all information relating to the financial affairs of the other which
has been requested by each of them or by their respective counsel.
21. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties
and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein, Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and division of marital
and separate property are fair, equitable and satisfactory to them based on the length
of their marriage and other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of this Agreement with
respect to the division of property in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have Dr hereafter have
against the other for equitable distribution of their property by any court of
competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sea. or any other
laws. Husband and Wife each voluntarily and intelligently waive and relinquish any
right to seek a court ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party of any rights to
seek the relief of any court for the purpose of enforcing the provisions of this
Agreement.
22. DISCLOSURE:
The parties confirm that they have relied on the completeness
and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of thi!; Agreement. The parties acknowledge that there has been
formal discovery conducted in their pending divorce action and the parties waive the
right to engage in further discovery and waive the filing of an inventory and
appraisement, as required by Section 3505(b) of the Pennsylvania Divorce Code.
Notwithstanding the foregoing, the rights of either party to
pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code,
of any interest owned by the other party in an asset of any nature at any time prior
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.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
DA VPH IN
)
(
)
SS:
On this, the ;;( AJ D dey of
af.~~t~
, 1999, before
me, a Notary Public, the undersigned off/cer, personally appeared Esther M, Kitner,
known to me (or satisfactorily proven) to be the person whose name is subscribed to
the foregoing Property Settlement Agreement and acknowledged that she executed
the same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and off/cial seal.
Qr.~-tr-- G. ~~
Notary blic
18959.1
Notartal Seal
-"cquelyn A. ZetU~.r, Notary Publlc
H8rrtsburg, DeUJlhin CounlV
k'v Comrnl8slon Ex 1181 Mar, 24, 2003
Meonlltlr, f'ennsytvania AssoctIuan 01 NotarIos