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HomeMy WebLinkAbout07-1320 JASON R. KUNTZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - DIVORCE AND CUSTODY LYNDA G. KUNTZ Defendant NO. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action 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 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 at the first floor in the Dauphin Court Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. 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 RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 J JASON R. KUNTZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - DIVORCE AND CUSTODY LYNDA G. KUNTZ Defendant NO. C>t7 -- 3a0 ?,,,?? . ?c/L1•,^ COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Jason R. Kuntz, by his attorney, Gail Guida Souders, Esquire, and pursuant to Section 3301 (c) of the Pennsylvania Divorce Code, seeks to obtain a Decree in Divorce from the Defendant, Lynda G. Kuntz, upon the grounds set forth: 1. The Plaintiff, Jason R. Kuntz, is an adult individual residing at 710 Erford Road, Camp Hill, PA 17011. 2. The Defendant, Lynda G. Kuntz, is an adult individual residing at 217 Beaver Drive, Mechanicsburg, PA 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 14, 1994 in Harrisburg, Pennsylvania. 5. Plaintiff separated from Defendant in August of 2006. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling and does not request the same. 7. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 8. The Plaintiff and Defendant are both citizens of the United States of America. 9. The Defendant is not a member of the United States Armed Forces. 10.The Plaintiff and Defendant have the following minor children Jennifer Kuntz, age five, d.o.b April 5, 2001 and Jeremy Kuntz, age two, d.o.b. June 10, 2004. 11.The cause of action and Section of Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. § 3301 (c). 12.Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II CUSTODY 13.Paragraphs 1 through 11 inclusive are hereby incorporated be reference. 14.The Plaintiff is Jason R. Kuntz, (hereinafter called "Father") residing at 710 Erford Road, Camp Hill, PA 17011. 15.The Defendant is Lynda Kuntz (hereinafter called "Mother") residing at 217 Beaver Drive, Mechanicsburg, PA 17050. 16.Father seeks partial physical and joint legal custody of the following children: Name Jennifer Kuntz Present Residence D.O.B. April 5, 2001 Jeremy Kuntz 217 Beaver Road Mechanicsburg, PA 17050 217 Beaver Road June 10, 2004 Mechaniscburg, PA 17050 The children were born in wedlock. 17.The children are presently in the custody of the Mother who is residing at 217 Beaver Road, Mechanicsburg, PA 17050. AN. 18.During the past five years, the children have resided with the following persons and at the following addresses: Names Jason R. Kuntz Lynda G. Kuntz Jennifer Kuntz Residences 145 Sugar Maple Drive Etters, PA 17319 Dates April 2001- September 2003 Jason R. Kuntz Lynda G. Kuntz Jennifer Kuntz Jeremy Kuntz 217 Beaver Road September 2003- Mechanicsburg, PA 17050 present 19.The Mother of the children is Lynda G. Kuntz, residing at 217 Beaver Road, Mechanicsburg, PA 17050. She is married. 20.The Father of the children is Jason R. Kuntz, residing at 710 Erford Road, Camp Hill, PA 17011. He is married. 21.The relationship of the Father to the children is that of father-children. 22.The relationship of the Mother to the children is that of mother-children. The children are currently living with the mother. 23.The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Father will be able to continue to maintain contact with the children. b. It would help provide the children with at nurturing relationship with Father. c. It would provide a stable and consistent environment for the children. y 23.Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named as parties to this action. WHEREFORE, the Plaintiff/Father requests the court a. Enter a decree of divorce under Section 3301(c) of the Divorce Code. b. Order him partial physical and joint legal custody of the children Gail Guida Souders Attorney for the Plaintiff Guida Law Offices 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Supreme Court ID# 68740 I, Jason R. Kuntz verify that the statements made in this Custody and Divorce Complaint 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. C"/Z, 2 JAS N R. KUNTZ DATE: 3 / -7 107 V\_? '\, v AT ORNEY FOR LAINTI F b b N 4o, 1 O v na C7 c=n. r? 1 co C7 'rt Z ? ? C JASON R. KUNTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1320 CIVIL ACTION LAW LYNDA G. KUNTZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 19, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 20, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,?/ o-oc°-P ?-a, ` r- r ?- 145 r ., JASON R. KUNTZ IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - DIVORCE AND CUSTODY LYNDA G. KUNTZ Defendant NO. 07-1320 Civil Term CERTIFICATE OF SERVICE I hereby certify that on March 29, 2007, I served a copy of the Divorce and Custody Complaint upon Lynda Kuntz and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Certified Mail to: Lynda Kuntz 217 Beaver Drive Mechanicsburg, PA 17050 1-7 Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: April 2, 2007 USPS - Track & Confirm % 4lVAUTEDSXa'?"ES POSTAL SF.,RWE'o Home i Heio i Sign In _ Track $Confirm FAQA Trek & Confirm Search Results Label/Receipt Number: 7004 2890 0002 8002 9320 Status: Delivered Your item was delivered at 11:31 AM on March 29, 2007 in MECHANICSBURG, PA 17050. AatditipuFef r fss Rpfura M wii + > ) fi ificafion optiorrs Track & Confirm Enter Label/Receipt Number. 6 tFo> , Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Gio4t ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 LISPS. All Rights Reserved. Terms of Use Privacy Policy PF ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Deiivery is desired. x Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: "n` c?- Page 1 of 1 A. Signature Agent x ?3 Ayd/dressser B. J (Printed Name) n !L 3 07 D. Is delivery address ci ferent from item 1? ? Yes if YES, eater delivery address 4W ?, ltt?b V` ` i 3. >xrvice type Mail 13 "V V 0 CertMed E3 Registered 0 Return ? insured Mail (3 C.O.D. 4. Restricted Delivery? Pft Fee) ? Yes 2. NticleNumber 7004 2890 0002 8002 9320 ("W)Mfer from servks I 2004 t WMW ROW Rsosipt t? oa?tsno PS Form 3811, Fabruery http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 4/3/2007 PA cn ', r JASON R. KUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN CUSTODY LYNDA G. KUNTZ Defendant NO. 07-1320 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this day of 2007, between Lynda G. ?J Kuntz. hereinafter Mother, and Jason R. Kuntz, hereinafter Father, concerns the custody of their children: Jennifer Kuntz, born April 5, 2001 and Jeremy Kuntz, born June 10, 2004, hereinafter the Children. Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following: 1. Mother and Father shall have shared legal custody of the children. All decisions affecting the children's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with the view towards obtaining and following the children's best interests which decisions shall include, but not be limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children every other weekend, from Friday at 6 p.m. until Sunday at 6 p.m. Father agrees that he will bathe and feed the children before returning them to Mother's home on Sundays. 4. Father shall have partial physical custody of the children every Wednesday from 5 p.m. until 7:00 p.m. Father may begin exercising this right thirty days from May 4, 2007. P 5 Mother and Father agree that if the children will be in the care of another person for any period longer than 24 hours, the custodial parent must first notify the non-custodial parent. 6. Father shall be responsible for all transportation relating to his periods of partial custody. Father shall pick up and drop off the children at Mother's home on the assigned dates and times. 7. Holidays. The following holiday schedule shall supersede the regular custody schedule. At the end of the holiday period as set forth below, the regular custodial schedule shall resume. a. Thanksgiving. Mother and Father agree to share custody of the children on Thanksgiving. The first period, Period A, will be from the day before Thanksgiving until 1:00 p.m. on Thanksgiving Day. The second period, Period B, will be from 1:00 p.m. on until 7 p.m. on Thanksgiving day. Mother will have custody during Period A every year. Father will have custody during Period B every year. b. Christmas. Mother and Father agree to share custody of the children on Christmas. The first period, Period A, will be from Christmas Eve until 1:00 p.m. on Christmas Day. The second period, Period B, will be from 1:00 p.m. on Christmas day until 1 p.m. December 26. Mother will have custody during Period A every year. Father will have custody during Period B every year. Father agrees to return the children to mother, prior to 1 p.m. on December 26, if he has to work. C. Mother's Day. Mother shall have custody of the children every Mother's Day from 9 a.m. until 6 p.m. d. Father's Day. Father shall have custody of the children every Father's Day from 9 a.m. until 6 p.m. 8. Father shall have partial physical custody of the children for two non-consecutive weeks during the summer every year. These periods are to begin during Father's designated weekend according to the custody schedule. Father's week shall consist of seven calendar days. Those seven days would consist of two days during Fathers's weekend with an additional five days. During this time period, Father's grant of partial physical custody shall not interfere with Mother's designated times, unless the parties mutually agree otherwise. Father agrees to provide Mother with at least 35 days written notice of his desire to exercise this particular grant of partial physical custody. 9. Neither party shall be intoxicated from alcohol or drugs while in the presence of the children. Neither party shall be around those who are under the influence of alcohol or drugs in the presence of the children. 10. The parties shall keep one another advised of their current address and telephone number. 11. The custodial parent agrees to ensure that the children maintain reasonable telephone contact with the non-custodial parent. 12. Neither parent will do anything which may estrange the children from the other party, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The parties may mutually modify the terms of this Agreement. If either party does not agree to modify this Agreement, this signed Agreement shall control. Z 14. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. Jaso R. Kuntz, Plain ' f Date Gail Guida Souders, Esq. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Ly a Kuntz, Defendant.., w Dat ` C. Samara A. Gomez Certified Legal Intern Counsel for Defendant Megan eismeyer, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 .: ' ? r . J 4 - bC t .Y i .. + "?+ UUN 16 200? ej JASON R. KUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LYNDA G. KUNTZ, : NO. 2007-1320 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of June, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. L-ff ubert X. Troy, Esquire Custody onciliator F:\FILES\General\Current\12321\KUNTZ Conciliation Order relinquishing Jurisdiction.wpd C? ? J ca JUN 1 3 2007 5 JASON R. KUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY LYNDA G. KUNTZ, Defendant. : NO. 07-1320 CIVIL TERM ORDER 'A? AND NOW, this 18 day of 7L n L, , 2007, as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: 1. Lynda G. Kuntz, hereinafter Mother, and Jason R. Kuntz, hereinafter Father, shall have shared legal custody of Jennifer Kuntz, born April 5, 2001 and Jeremy Kuntz, born June 10, 2004, hereinafter the Children. All decisions affecting the children's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with the view towards obtaining and following the children's best interests which decisions shall include, but not be limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children every other weekend, from Friday at 6 p.m. until Sunday at 6 p.m. Father agrees that he will bathe and feed the children before returning them to Mother's home on Sundays. 4. Father shall have partial physical custody of the children every Wednesday from 5:00 p.m. until 7:00 p.m. Father may begin exercising this right thirty days from May 4, 2007. 5 Mother and Father agree that if the children will be in the care of another person for any period longer than 24 hours, the custodial parent must first notify the non-custodial parent. 6. Father shall be responsible for all transportation relating to his periods of partial custody. Father shall pick up and drop off the children at Mother's home on the assigned dates and times. 7. Holidays. The following holiday schedule shall supersede the regular custody schedule. At the end of the holiday period as set forth below, the regular custodial schedule shall resume. a. Thanksgiving. Mother and Father agree to share custody of the children on Thanksgiving. The first period, Period A, will be from the day before Thanksgiving until 1:00 p.m. on Thanksgiving Day. The second period, Period B, will be from 1:00 p.m. on until 7 p.m. on Thanksgiving day. Mother will have custody during Period A every year. Father will have custody during Period B every year. b. Christmas. Mother and Father agree to share custody of the children on Christmas. The first period, Period A, will be from Christmas Eve until 1:00 p.m. on Christmas Day. The second period, Period B, will be from 1:00 p.m. on Christmas day until 1 p.m. December 26. Mother will have custody during Period A every year. Father will have custody during Period B every year. Father agrees to return the children to mother, prior to 1 p.m. on December 26, if he has to work. C. Mother's DU. Mother shall have custody of the children every Mother's Day from 9 a.m. until 6 p.m. d. Father's Day. Father shall have custody of the children every Father's Day from 9 a.m. until 6 p.m. S Father shall have partial physical custody of the children for two non- consecutive weeks during the summer every year. These periods are to begin during Father's designated weekend according to the custody schedule. Father's week shall consist of seven calendar days. Those seven days would consist of two days during Fathers's weekend with an additional five days. During this time period, Father's grant of partial physical custody shall not interfere with Mother's designated times, unless the parties mutually agree otherwise. Father agrees to provide Mother with at least 35 days written notice of his desire to exercise this particular grant of partial physical custody. 9. Neither party shall be intoxicated from alcohol or drugs while in the presence of the children. Neither party shall be around those who are under the influence of alcohol or drugs in the presence of the children. 10. The parties shall keep one another advised of their current address and telephone number. 11. The custodial parent agrees to ensure that the children maintain reasonable telephone contact with the non-custodial parent. 12. Neither parent will do anything which may estrange the children from the other party, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The parties may mutually modify the terms of this Agreement. If either party does not agree to modify this Agreement, this signed Agreement shall control. .. } 14. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. cc ily Law Clinic ail Guida-Soude V1 "f^irUR -rye Jason R. Kuntz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN DIVORCE Lynda G. Kuntz, Defendant NO. 07-1320 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Lynda G. Kuntz, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respect 11 submitted, Irene wang Certified Legal Int ROBER S THOMAS . PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C7? 1' ? Q co d.?:.. • • 71 Jason R. Kuntz, Plaintiff V. Lynda G. Kuntz, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 07-1320 PETITION FOR ALIMONY AND EQUITABLE DISTRIBUTION AND NOW comes the defendant, Lynda G. Kuntz, in the above-captioned divorce action, by and through her attorneys, the Family Law Clinic, and sets forth the following petition for alimony and equitable distribution, pursuant to Pa.R.C.P. No. 1920.15(b): ALIMONY 1. On or about March 8, 2007, Plaintiff Jason R. Kuntz filed a Complaint in Divorce. 2. Plaintiff and Defendant were married on May 14, 1994 in Harrisburg, Pennsylvania. 3. Defendant did not have a regular income throughout the parties' marriage. She stopped working at the birth of her children and spent the marriage as a homemaker, in accordance with Plaintiff s wishes. 4. Defendant took a lower paying job early on in the marriage so that the parties could move for Plaintiff to accept a promotion. 5. Plaintiff is employed and is financially able to provide for the reasonable needs of the Defendant. 6. Defendant is currently unemployed. 7. Defendant is primary caretaker of the parties' two children, Jennifer Kuntz born April 5, 2001 and Jeremy Kuntz born June 10, 2004. 8. Petitioner requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. 9. Petitioner lacks sufficient property to provide for her reasonable needs and is currently unable to support herself through full-time employment. 10. Plaintiff engaged in marital misconduct during the marriage. WHEREFORE, Petitioner requests the court to enter an award of reasonable alimony, and such other relief as the Court deems just. EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 12. During the course of the marriage, the parties acquired marital assets and debts subject to equitable distribution under Section 3302 of the Divorce Code, including, but not limited to the following: a) Residential home, Plaintiff s pension, 401(k) account, retirement accounts, bank accounts; b) Various items of personal property. WHEREFORE, Defendant requests that this court equitably divide the marital property and debts between the parties and grant such other relief as the Court deems just. Date /V0W-tVAW • Z!P7 Respectfully submitted, Irene Hwang Certified Legal Intern 7 L?4 4?? ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER KATE CRAMER-LAWRENCE Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Alimony and Equitable Distribution are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: i Ms. Lyn a untz, Petitioner c"7 ? C? r" z:,;:? ?.? __.? : P .w:s ,, ?? C? , ? ? ? ?, ? ? - "-G JASON R. KUNTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW DIVORCE & CUSTODY LYNDA G. KUNTZ, Defendant : NO. 07-1320 PETITION FOR LEAVE TO WITHDRAW PURSUANT TO RULE 1.16(b)(5).(6). AND (7) OF THE PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Defendant Lynda Kuntz, pursuant to Pa.R.P.C. 1.16(b)(5), (6), and (7) and Pa.R.C.P. 1012, and in support therefore avers the following: 1. Plaintiff Jason R. Kuntz filed a divorce complaint with a count for custody on March 8, 2007. 2. A custody conciliation was scheduled for April 20, 2007 before Custody Conciliator Hubert X. Gilroy, Esq. 3. The Family Law Clinic represented Ms. Kuntz while the parties negotiated a settlement of the custody matter. The parties reached a custody agreement on June 12, 2007. The Honorable M. L. Ebert, Jr. signed the Custody order approving the parties' custody agreement on June 18, 2007. 4. The Family Law Clinic filed an In Forma Pauperis Petition on behalf of Ms. Kuntz on November 28, 2007 5. The Family Law Clinic filed a Petition for Alimony and Equitable Distribution on behalf of Ms. Kuntz on November 28, 2007. 6. During the course of this representation, irreconcilable differences have arisen between the Family Law Clinic and Ms. Kuntz which have made further representation of her unreasonably difficult. 7. On December 10, 2007, Ms. Kuntz signed a consent to the withdrawal of the Family Law Clinic in the matters of divorce, custody, and support. A true and accurate copy of Ms. Kuntz' consent is attached as Exhibit "A." 8. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic sought concurrence from opposing counsel to this petition; opposing counsel concurred. 9. Pursuant to Pa.R.C.P. 1012(d): Defendant's address is 217 Beaver Drive, Mechanicsburg, PA 17050; this petition was served on Defendant by mailing a copy to the aforementioned address. A copy of this petition was mailed to opposing counsel, Cody Tucker, Esq. and Gail Guida Souders, Esq., counsel for Plaintiff, at 111 Locust Street, Harrisburg, PA 17101. WHEREFORE, pursuant to Pa.R.P.C. 1.16(b)(5), (6), and (7), the Family Law Clinic respectfully requests permission to withdraw as Ms. Kuntz' counsel in the matters of divorce and custody. Respectfully Submitted, Date: 11_ 1 ? -61 Megan M. Michael ` Certified Legal Intern T O M77 PEACE ROBE E. RAINS Z,/__?/ LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Lynda G. Kuntz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA :DOMESTIC RELATIONS SECTION V. : SUPPORT ACTION : DOCKET NO.00510 S Jason R. Kuntz, : 2007PACSES NO. 398109283 Defendant And Jason R. Kuntz, :IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :DIVORCE & CUSTODY Lynda G. Kuntz, Defendant/Petitioner :NO. 07-1320 CONSENT TO WITHDRAWAL OF COUNSEL I hereby consent to the withdrawal of the Family Law Clinic as my counsel in the above-captioned divorce, custody, and support matters. All future correspondence regarding these actions should be mailed directly to me at the address listed below. Date: a ()- I Lyn". Kuntz 217 Beaver Drive Mechanicsburg, PA 17050 (717)761-9469 EXhibit W + ? S T co t ri JASON R. KUNTZ : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW DIVORCE & CUSTODY LYNDA G. KUNTZ, Defendant : NO. 07-1320 CERTIFICATE OF SERVICE I, Megan M. Michael, certified legal intern, the Family Law Clinic, hereby certify that I am serving a copy a true and correct copy of a Petition for Leave to Withdraw on the following persons by first class United States mail, postage prepaid, the 18th day of December, 2007: Lynda G. Kuntz, defendant. 217 Beaver Drive Mechanicsburg, PA 17050 Cody Tucker, Esq. and Gail Guida Souders, Esq., counsel for plaintiff. 111 Locust Street Harrisburg, PA 17101 Meg in M. Mic ael Certified Legal Intern q-I?_6- Date ] = co . rrn JASON R. KUNTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW DIVORCE & CUSTODY LYNDA G. KUNTZ, Defendant : NO. 07-1320 ORDER OF COURT AND NOW, this J c ?? day of 10t-Lt, ,M`pcr 2007, upon DEC 19 2007 0 y consideration of the attached Petition for Leave to Withdraw and upon receipt of Defendant's signed consent to that withdrawal, leave is granted to the Petitioner, the Family Law Clinic, to withdraw as counsel for Defendant, Lynda G. Kuntz, in the above matters. BY THE COURT, Zcc: he Family Law Clinic Lynda G. Kuntz, defendant. 217 Beaver Drive Mechanicsburg, PA 17050 Lj , /,;Z./;Zc)/6 7 Il ody Tucker, Esq. and Gail Guida Souders, Esq., counsel for plaintiff. - I I I Locust Street Harrisburg, PA 17101 (2vp-t rnt.t Ls?__ /-1/;,D/D7 ??Ilt2 v4no ? E .g WV OZ 330 LODZ A8ViQlNO i -v4d :JIHi JD 301-?Ct-aM1J JASON R. KUNTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW DIVORCE & CUSTODY LYNDA G. KUNTZ, Defendant : NO. 07-1320 CERTIFICATE OF SERVICE I, Megan M. Michael, certified legal intern, Family Law Clinic, hereby certify that the Clinic served a true and correct copy of the Order of Court dated December 20, 2007 on Lynda G. Kuntz, residing at, 217 Beaver Drive, Mechanicsburg, PA 17050 by depositing a copy of the same in the United States mail, postage prepaid, to the aforementioned address on December 28, 2007 and on Cody Tucker, Esq. of the Guida Law Offices, 111 Locust Street, Harrisburg, PA 17101 by depositing a copy of the same in the United States mail, postage prepaid, to the aforementioned address on January 4, 2008. Dater t M an. i ael Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r c? p °`- rr, .? co s t_ ?cx 1 ro . ,-_::-I LYNDA G. KUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION VS. SUPPORT ACTIONc39o JASON R. KUNTZ, DOCKET NO.-069@t S 2007 Defendant PACSES NO. 636109560 CERTIFICATE OF SERVICE I, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Court Order dated December 31, 2007, on Lynda G. Kuntz residing at 217 Beaver Drive, Mechanicsburg, PA, 17050 and on Cody Tucker, Esq., Guida Law Offices, 1 I 1 Locust Street, Harrisburg, PA 17101 by depositing a copy of the same in the United States mail, postage prepaid on January 4, 2008. Date: 200 -? I I - - K) Medan . Mich el "/n elm, Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 co ti co JASON R. KUNTZ, Plaintiff vs. LYNDA G. KUNTZ, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1320 CIVIL IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on matter. Date: g Y alf of the Defendant in the above captioned Paul Bradford Orr, Esquire Attorney for Defendant 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA ID # 71786 P.-., L i_ JASON R. KUNTZ IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1320 LYNDA G. KUNTZ CIVIL ACTION - LAW Defendant DIVORCE PROPERTY SETTLEMENT AGREEMENT AND NOW, this PROPERTY SETTLEMENT 7AGREEMENT (hereinafter referred to as "Agreement"), made this day of 2009, made by and between LYNDA G. KUNTZ (hereinafter referred to as "WIFE"), of Mechanicsburg, Cumberland County, Pennsylvania and JASON R. KUNTZ (hereinafter referred to as "HUSBAND"), of Mechanicsburg, Cumberland County, Pennsylvania, collectively referred to hereinafter as the "parties": WITNESSETH: WHEREAS, the parties were married on May 14, 1994, in Dauphin County County, Pennsylvania; and Page 1 of 19 JRK LGK 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, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to past, present and future support, alimony 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. THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. PERSONAL RIGHTS Page 2 of 19 0,11q 6K JRK LGK HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may choose. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupations, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE 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 or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have Page 3 of 19 JRK LGK occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. MUTUAL CONSENT DIVORCE HUSBAND has filed an action for divorce in CUMBERLAND County, Pennsylvania, filed to Docket No. 07-1320. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Both parties hereby express their agreement that the marriage is irretrievably broken. The parties agree that each shall sign and will duly acknowledged an Affidavit of Consent to the divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for HUSBAND who will promptly file a Praecipe to Transmit Record to precipitate the prompt entry of a Decree in Divorce. 4. INCORPORATION IN DIVORCE DECREE It is further agreed, covenanted, and stipulated that this Agreement or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that has been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the Page 4 of 19 'X?L JRK LGK parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 7. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever Page 5 of 19 1( )-&C JRK LGK situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower'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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of; (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, 'or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may Page 6 of 19 (( ),& L- TR-K LGK have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL The provisions of this Agreement and its legal effect have been fully explained to HUSBAND by his counsel Cod! M. Tucker, Esquire of 111 Locust Street, Harrisburg, Pennsylvania. The provisions of this Agreement and its legal effect have been fully explained to WIFE by her counsel Paul Orr, Esquire of 50 East High Street, Carlisle, Pennsylvania HUSBAND and WIFE acknowledge that 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. 9. DEBT OF THE PARTIES HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. Page 7 of 19 JRK LGK WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 10. PERSONAL PROPERTY WIFE shall retain the following items of personal property; all items currently in her possession. HUSBAND shall retain the following items of personal property; all items currently in his possession and items located in the martial residence, namely his personal photographs, his drum set, Kuntz framed family lineage, exercise equipment, the dining room table, bench, hutch and breakfast table. 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 sale from each party to the other for such property as may be in the Page 8 of 19 JRK LGK individual possession of each of the parties hereto. Neither party shall make any claims to any such items of personal property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. From and after the date of the signing of this Agreement, both parties shal'il have complete freedom of disposition as to his/her separate personal property and any personal property which is in their possession or control pursuant to this Agreement. 11. DIVISION OF REAL PROPERTY HUSBAND agrees to transfer all his right, title and interest in and to the real property situated at 217 Beaver Drive, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as joint owners, and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to simultaneously execute a deed conveying his interest to WIFE. Except as otherwise provided herein, commencing on the execution date of this Agreement, WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to, the mortgage, with US BANK, taxes, insurance premiums and maintenance. WIFE hereby covenants and agrees to assume Page 9 of 19 JRK LGK and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premi ses, such mortgage being owed and payable to US BANK and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, as a result of her non-payment of, or non-performance of, said mortgage and said mortgage conditions. HUSBAND agrees to remove all of his personal property and move from the property within ten (10) days of the date of execution of this Property Settlement Agreement. WIFE agrees to actively engage in refinancing the martial residence into her name alone. Refinancing shall be completed within six (6) months of the date of execution of this Property Settlement Agreement. 12. BANK ACCOUNTS HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 13. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS Page 10 of 19 JRK LGK HUSBAND agrees that WIFE shall be entitled to the balance of his retirement account with Dempsey Uniform and Linen Supply Company as of the date of execution of this agreement. WIFE shall be responsible for any and all taxes or penalties related to the retirement account. HUSBAND's retirement account had a balance of approximately $38, 130 (thirty eight thousand one hundred and thirty dollars) on September 30, 2008. WIFE and HUSBAND understand and agree that the current balance may be lower or may be higher based on market and economic conditions that are out of either party's control. WIFE is only entitled to the amount that is currently in the account. 14. MOTOR VEHICLES The parties agree that WIFE shall retain possession of, as her separate property, the Pontiac Montana, or any and all proceeds from the sale or trade thereof, for her own use and disposition. HUSBAND agrees to cooperate with WIFE in securing the transfer of the title, if necessary, to upon request. WIFE shall be solely responsible for all expenses associated with this automobile, including but not limited to, insurance, maintenance, gasoline and the liens and loans thereon. The parties agree that HUSBAND shall retain possession of, as his separate property, the Ford Truck and Kawasaki Motorcycle, or any and all proceeds Page 11 of 19 6W ?_& k/-- 'JRK LGK from the sale or trade thereof, for his own use and disposition. WIFE agrees to cooperate with HUSBAND in securing the transfer of the title, if necessary, to upon request. HUSBAND shall be solely responsible for all expenses associated with this automobile, including but not limited to, insurance, maintenance, gasoline and the liens and loans thereon. 15. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act'), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by Page 12 of 19 QW LC ? ? - - JRK LGK the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of the said Act. 17. WAIVER OF ALIMONY HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 18. EFFECT OF DIVORCE DECREE Page 13 of 19 JRK LGK The parties agree that, except as 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 the parties. 19. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. WAIVER OF CLAIMS 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 shall now have or hereafter acquire, under the present and 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, widower's allowance, right to take in intestacy, right to take against the will of the other, and the right to act as administrator or executor of the other's estate. Each Page 14 of 19 C L&-, Q01 ( JRK LGK party 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. 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. 22. FINANCIAL 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 this Agreement. 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 to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party Page 15 of 19 JRK LGK shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 23. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. ADDITIONAL INSTRUMENTS Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. VOID CLAUSES Page 16 of 19 K- LGK If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 27. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 28. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. Page 17 of 19 29. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 30. SUPPORT The parties agree that HUSBAND will provide WIFE with a sum of $1200 (one thousand two hundred ,dollars) per month for a period of two months from the date of execution of the Property Settlement Agreement. Within ten days of the entry of a Divorce Decree, HUSBAND agrees to provide WIFE with the sum of $300 (three hundred dollars) which represents her portion of the Stimulus check that HUSBAND received for the minor children. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. Page 18 of 19 a- W, ?? J ON R. KUNTZ LY KUNTZ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS: On the 2 Z day of 6ctnv , 2009, before me, a Notary Public, personally appeared Jason R. Kuntz known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. 0lot ' L L WO Mjdx3 U014flwWoo A04 Ammo NIHN11/p Auo 911ASS1+aawN oN4r4 Atc4oN 83113MHO5W1 M131 11195 TVIUVION COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS: On the 1-3 day of JcLnu -ey , 2009, before me, a Notary Public, personally appeared Lynda G. Kuntz, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. NowIIAI SEAL ROSIN L SPA PM NOW wale CAIILW 90ROUQK CLIM BEIILI S COLMTY Page 19 of 19 My COfl111WM011 mqp' ,An 27,1010 PL)bUc PAUL BRADFORD ORR LAW OFFICES 50 EAST HIGH STREET, CARLISLE, PA 17013 PHONE (717) 258-8558 FAX (717) 258-5289 Email: paulorr@embargmail.com Paul Bradford Orr, Esquire Robin Starner, Office Manager/Notary Public January 14, 2009 Codi M. Tucker, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 RE: Lynda G. Kuntz v. Jason R. Kuntz Marital Property Settlement Agreement Dear Attorney Tucker: OF COUNSEL Allen C. Welch, Esquire Email: CrimDefl@aol.com Please find enclosed an Executed and Notarized Property Settlement Agreement in the above captioned matter. It is my understanding that you will move forward and obtain your clients signature on this document and file it accordingly. Furthermore, it is my understanding that any and all Retirement Funds will be transferred to my client upon your office obtaining Mr. Kuntz's signature on this document. Sincerely, Paul Bradford Orr, Esquire PBO/rls Enclosure ?_3 N W ?Z r ? f , ? ? ? i ? ,.7 ??? .. :? _. .`` ....?. JASON R. KUNTZ, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. LYNDA G. KUNTZ, No. 07-1320 Defendant CIVIL ACTION -LAW DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 8, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the 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. Section 4904 relating to unsworn falsification to authorities. Date 3 / 1 1 /0 9 (7- //// r Jas R. Kuntz, P 'ntiff sit Cll co JASON R. KUNTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. LYNDA G. KUNTZ, No. 07-1320 Defendant CIVIL ACTION -LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) AND SECTION 3301 (d) OF THE DIVORCE CODE 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 I 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 coy 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. section 4904 relating to unsworn falsification to authorities. Date: _3010i 9- ,?_ Jason It. Kuntz, Pl tiff O -rz its ? ?) s IT ) 1 52) C,r CC ? q ? 1 ? q YJ "? MAR 3120tr Jason R. Kuntz IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Lynda G. Kuntz NO. 2007-1320 Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502. 3. This QDRO applies to the Dempsey Uniform and Linen Supply, Inc. 401(k) Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Jason R. Kuntz ("Participant") is a participant in the Plan. Lynda G. Kuntz ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Jason R. Kuntz 38 West Locust Street Mechanicsburg, PA 17055 Social Security #: 210-58-8845 Date of Birth: April 25, 1969 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Lynda G. Kuntz 217 Beaver Drive Mechanicsburg, PA 17050 Social Security #: 197-62-6918 Date of Birth: October 19, 1970 -?'n c! l?'IttJ - bc? 1-, Il?, 17 u:' "" 9- ddV dpi QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is 100% of the Participant's total vested account balance accumulated under the Plan as of January 22, 2009. For this purpose, the total vested account balance shall exclude outstanding loan balances, if any, from the Plan. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on her behalf and shall be credited with any investment income or losses attributable thereto from January 22, 2009 until the date of segregation. The Alternate Payee's segregated account will be credited with any investment income or loss attributable thereto until the date of total distribution to the Alternate Payee. The Alternate Payee's accounts shall be established in the same ratio as the Participant's accounts as regards any elective deferral account, employer contribution account, or rollover/transfer account and as regards any investment mix attributed to the Participant's accounts. However, the investment mix shall not include any loan to the Participant which is treated by the Plan as an investment subaccount of the Participant. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in Paragraph 7 of this QDRO, together with allocable earnings, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to the Participant and alternate payees under the terms of the Plan, including, but not limited to, a lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary and the right to direct her Plan investments, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. QDRO Page 3 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. QDRO Page 4 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this CONSENT TO ORDER: ?A 1 day of 3 oq PI ntiff/Partici t Date F Attorney for Plaintiff/ 4DZI Participant BY THE COURT Judge D n ?1ant/Payee D to "for t/ Date Alternate Payee JASON R. KUNTZ, Plaintiff vs. LYNDA G. KUNTZ, Defendant 1. A Complaint in filed on March 8, 2007. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1320 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT under Section 3301(c) & (d) of the Divorce Code was 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from t e date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry Of the decree. I verify that the understand that false C.S. § 4904, relating to L Date: made in this Affidavit are true and correct. I herein are made subject to the penalties of 18 Pa. falsification to authorities. Lynda G?yuntz, Defendant FILED-w E OF THE PRO H(NOTARY 2009 APR 13 AM 10: 51 CLAP ? :;O:f N Y JASON R. KUNTZ, Plaintiff vs. LYNDA G. KUNTZ, Defendant TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1320 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION =QUEST ENTRY OF A DIVORCE DECREE R § 3301(c) & (d) OF THE DIVORCE CODE 1. 1 consent to the gentry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do n?t claim them before a divorce is granted. 3. 1 understand tha? I will not be divorced until a divorce decree is entered by the Court and that a copy of the lecree will be sent to me immediately after it is filed with the Prothonotary. I verify that the false statements herein unsworn falsification to au Date: ments made in this Affidavit are true and correct. I understand that made subject to the penalties of 18 Pa. C.S. §4904, relating to ?1 " J^ J d. A - [? , evc? L d G. Kuntz, Defendant FILED-Or-TICE OF THE PROTHONOTARY 2009 APR 13 AM 10: 51 CUM ?d PE N,' iSYLVAi,,i,{a JASON R. KUNTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. LYNDA G. KUNTZ, No. 07-1320 Defendant CIVIL ACTION -LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Grounds for divorce: Irretrievable breakdown under §3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was served by certified mail, return receipt on March 29, 2007. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff on March 19, 2009; by defendant on April 10, 2009 4. Related claims pending: None 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: March 23, 2009. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: April 13, 2009. Respectfully submitted, Date: Atv?``?- Tucker, Esquire GUIDA LAW OFFICES 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Plaintiff Fl LED- '!uF THE l :4;??CN'`?TARY 2009 APP 20 Pik 2: 50 GUP a a saUi,lINPy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON R. KUNTZ V. LYNDA G. KUNTZ : NO 07-1320 DIVORCE DECREE AND NOW, N 2 ? 11 , it is ordered and decreed that JASON R. KUNTZ , plaintiff, and LYNDA G. KUNTZ , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, 1\4\i ?1 Attest: J. ILI rothonotary Y ?i ' °f lea ?..?..r?,• .?' j i JOHN F. KING LAW, P.C. John F. King, Esq. ID#61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 FAX JASON R. KUNTZ Attorney for Plaintiff 'JOE ., J l??FrL?3 t:-! 2: E", C s! !u .J IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,: PENNSYLVANIA V. LYNDA G. KUNTZ n/k/a Lynda Paulus Defendant CIVIL ACTION - LAW NO. 07-1320 IN DIVORCE PETITION FOR CONTEMPT AND TO MODIFY CUSTODY ORDER. AND NOW COMES the Petitioner/Father, Jason R. Kuntz, by and through his attorney, John F. King, Esq., and brings this Petition for Contempt, averring as follows: 1. Petitioner is the Plaintiff/Father, who currently resides at 712 Erford Road, Camp Hill, PA 17011. 2. Respondent is the Defendant/Mother. who currently resides at 40366 Fitzgerald Drive. Darrow, LA 70725. 3 The Petitioner respectfully represents that on the 18th day of June, 2007 an Order of Court was entered for the custody and visitation of the subject minor children, Jennifer Kuntz (dob 4/5/2001) and Jeremy Kuntz (dob 6/10/2004), A true and correct copy of which is attached )CL and marked as Exhibit "A". ?•d ?C)CL ? ? asp R"?-av8s'a.? 4. Subsequent to the entry of the June 18, 2007 Order, Mother informed Father that her current Husband had one more year of military service, and that her current Husband would be performing that last year of service in the Pittsburgh, Pennsylvania, area. Mother informed Father that she and her current Husband were going to rent their home for the one year period, and then would be returning to their home in Central Pennsylvania upon her current Husband's departure from the military. 6. Upon being informed of the above information, Father agreed with Mother to allow her relocation to the Pittsburgh area without the need for Court permission, and did further agree to temporarily modify the terms of the Custody Order as to allow for that relocation. Much to his dismay, Father was recently informed that Mother's current Husband, had voluntarily extended his military service, was being transferred to Louisiana, and that Mother would be taking the children to reside in Louisiana with her current Husband. 8. It is believed, and therefore averred, that Mother and children are residing in Louisiana, in violation of the terms of the Custody Order dated June 18, 2007. 9. Despite Father's demand, Mother refused to provide Father with the address and telephone number of the new residence where the children reside, contrary to the terms of the Custody Order of June 18, 2007. 10. Petitioner/Father has incurred attorney fees in pursuit of the legal action required by Mother's contemptuous actions. WHEREFORE, Petitioner/Father respectfully request that this Court adjudge Respondent/Mother in contempt of Court, require Mother to return the children to the jurisdiction of this Court, and impose upon the Mother the obligation to reimburse Father for attorney fees. Petitioner further requests that the Court impose upon Mother the obligation to pay for the children's return transportation from Louisiana to Pennsylvania, and any other penalty the Court deems appropriate; and The Petitioner/Father requests this Honorable Court modify the Order of June 18, 2007. Dated: September 2010 Respectfully submitted, JOHN F. KING LAW, P.C. By: F. King, Esqui} ? ID461919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 Attorney for Plaintiff VERIFICATION I, Jason R. Kuntz, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Petition for contempt and modification of custody order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: September 14 .2010 Jason R. Kuntz V r JUN 1 3 2007 J JASON R. KUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY LYNDA G. KUNTZ, Defendant. : NO. 07-1320 CIVIL TERM ORDER AND NOW, this 8 day of 7a n 1? , 2007, as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: 1. Lynda G. Kuntz, hereinafter Mother, and Jason R. Kuntz, hereinafter Father, shall have shared legal custody of Jennifer Kuntz, born April 5, 2001 and Jeremy Kuntz, born June 10, 2004, hereinafter the Children. All decisions affecting the children's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with the view towards obtaining and following the children's best interests which decisions shall include, but not be limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children every other weekend, from Friday at 6 p.m. until Sunday at 6 p.m. Father agrees that he will bathe and feed the children before returning them to Mother's home on Sundays. 4. Father shall have partial physical custody of the children every Wednesday from 5:00 p.m. until 7:00 p.m. Father may begin exercising this right thirty days from May 4, 2007. 5-9 A 5 Mother and Father agree that if the children will be in the care of another person for any period longer than 24 hours, the custodial parent must first notify the non-custodial parent. 6. Father shall be responsible for all transportation relating to his periods of partial custody. Father shall pick up and drop off the children at Mother's home on the assigned dates and times. 7. Holida s. The following holiday schedule shall supersede the regular custody schedule. At the end of the holiday period as set forth below, the regular custodial schedule shall resume. a. Thanksgiving. Mother and Father agree to share custody of the children on Thanksgiving. The first period, Period A, will be from the day before Thanksgiving until 1:00 p.m. on Thanksgiving Day. The second period, Period B, will be from 1:00 p.m. on until 7 p.m. on Thanksgiving day. Mother will have custody during Period A every year. Father will have custody during Period B every year. b. Christmas. Mother and Father agree to share custody of the children on Christmas. The first period, Period A, will be from Christmas Eve until 1:00 p.m. on Christmas Day. The second period, Period B, will be from 1:00 p.m. on Christmas day until 1 p.m. December 26. Mother will have custody during Period A every year. Father will have custody during Period B every year. Father agrees to return the children to mother, prior to 1 p.m. on December 26, if he has to work. C. Mother's Day. Mother shall have custody of the children every Mother's Day from 9 a.m. until 6 p.m. d. Father's Day. Father shall have custody of the children every Father's Day from 9 a.m. until 6 p.m. 8. Father shall have partial physical custody of the children for two non- consecutive weeks during the summer every year. These periods are to begin during Father's designated weekend according to the custody schedule. Father's week shall consist of seven calendar days. Those seven days would consist of two days during Fathers's weekend with an additional five days. During this time period, Father's grant of partial physical custody shall not interfere with Mother's designated times, unless the parties mutually agree otherwise. Father agrees to provide Mother with at least 35 days written notice of his desire to exercise this particular grant of partial physical custody. 9. Neither party shall be intoxicated from alcohol or drugs while in the presence of the children. Neither party shall be around those who are under the influence of alcohol or drugs in the presence of the children. 10. The parties shall keep one another advised of their current address and telephone number. 11. The custodial parent agrees to ensure that the children maintain reasonable telephone contact with the non-custodial parent. 12. Neither parent will do anything which may estrange the children from the other parry, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The parties may mutually modify the terms of this Agreement. If either party does not agree to modify this Agreement, this signed Agreement shall control. 14. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. c- as ily Law Clinic ail Guida-Soude JASON R. KUNTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-1320 CIVIL ACTION LAW LYNDA G. KUNTZ DEFEN DANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 29, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 05, 2010 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esg, y(? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 q/24 /1 C) 32 South Bedford Street (z <;- "q Carlisle, Pennsylvania 17013 . °_ Ca cn -r7 Cam. env Telephone (717) 249-3166 P c) C P. Nov o s zoio JASON R. KUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C-) .-.? vs. CIVIL ACTION - LAW 3 a o -" --+ MW =-n =;X] ?c LYNDA G. PAULUS, (f/k/a Lynda -am rn G. Kuntz), N0.2007-1320 -< D cn o ° Defendant IN CUSTODY !=o -a ° CD X F3 Prior Judge: The Honorable M.L. Ebert, Jr. 57. c= r? ?rl COURT ORDER tl? NOW, this day of November, 2010, upon consideration of the attached Custod y Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 13`q' day of December, 2010 at 9:00 a.m. At this hearing, the father shall be the moving parry and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and opposing counsel/parties a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, custody shall remain the same with the mother having primary custody at her home in Louisiana. Mother shall communicate with father directly or through his counsel to arrange for father exercising visitation with the minor children over the Thanksgiving Holiday from Wednesday, November 23, 2010, through Sunday, November, 28, 2010. Costs of the air travel transportation shall be shared equally between the parties for this particular round of visitation, with the parties reserving the right to advance a different position at any hearing in this case. 3. In the event mother retains counsel in Cumberland County and that attorney feels another Custody Conciliation Conference may aid in a resolution of this matter prior to the hearing scheduled above, counsel for either party may contact the Custody Conciliator directly to schedule another Custody Conciliation Conference. 4. In the event any custody proceedings are initiated in Louisiana, the court will make itself available to consult with the assigned judge in Louisiana as necessary, in accordance with the applicable Interstate Uniform Custody Act. BY THE COURT, Judge cc: ng, Esquire J J F. Ki J?e am J. Mire, Jr., Esquire rs. Lynda G, Paulus t f.?' Fria tie Pe-I , !) )n,n JASON R. KUNTZ, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LYNDA G. PAULUS, (f/k/a Lynda G. Kuntz), Defendant Prior Judge: The Honorable M.L. Ebert, Jr. NO. 2007-1320 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jennifer Kuntz, born April 5, 2001, and Jeremy Kuntz, born June 10, 2004. 2. A Conciliation Conference was held on November 5, 2010, with the following individuals in attendance: The father, Jason R. Kuntz, with his counsel, John F. King, Esquire. The mother, Lynda G. Paulus, attended via telephone conference where she was located in Louisiana and with her was her Louisiana counsel, Pegram J. Mire, Jr., Esquire. 3. The history on this case is that Judge Ebert issued an Order in June of 2007 upon agreement of the parties whereby the parties had shared legal custody , mother had primary custody, father had temporary custody on every other weekend and the parties had a schedule for holidays and vacation. In the spring of 2009, mother initiated discussions that she would be relocating to Pittsburgh. The parties, on their own and without the benefit of legal counsel, executed some type of agreement that is dated March/April 2009 that confirmed an agreement by the father to move the children with the mother and her new husband to Pittsburgh. Mother's new husband is in the military. 4. In the summer of 2010, mother then relocated to Louisiana and father has not seen the children since approximately August of 2010. Father has now petitioned the court suggesting that mother relocated to Louisiana without court approval. 5. The parties had a discussion with respect to a potential settlement of this case at the conciliation conference. However, in light of the fact that this matter has just arisen and there has not been any meaningful negotiations about a visitation arrangement assuming mother stays in Louisiana, the parties could not reach an agreement. The Conciliator felt that a hearing needs to be held on this matter and the Conciliator recommends an Order in the form as attached. 6. It is noted that mother's attorney in Louisiana has suggested that he has filed a custody action in Louisiana and the court may need to be prepared to consult with a judge in Louisiana consistent with the Interstate Custody Act provisions. Date: November ? '2010 Hubert X. Gilroy, Esqui Custody Conciliator t FILED`-OFFICE OF THE PROTHONOTARY JOHN F. KING LAW, P.C. 20 10 DEC - 6 PM 3: 1 9 John F. King, Esq. CUMBERLAND COUNT,' ` ` ID#61919 PENNSYLErAN! 4076 Market Street Attorney for Plaintiff Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 FAX JASON R. KUNTZ IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,: PENNSYLVANIA V. CIVIL ACTION - LAW LYNDA G. KUNTZ n/k/a Lynda Paulus NO. 07-1320 Defendant. IN DIVORCE Hon. M.L. Ebert, Jr. PLAINTIFF'S PRETRIAL STATEMENT AND NOW COMES the Petitioner/Father, Jason R. Kuntz, by and through his attorney, John F. King, Esq., and avers as follows: BACKGROUND 1. Petitioner is the Plaintiff/Father, who currently resides at 712 Erford Road, Camp Hill, PA 17011. 2. Respondent is the Defendant/Mother, who currently resides at 40366 Fitzgerald Drive, Darrow, LA 70725. 3 The Petitioner respectfully represents that on the 18th day of June, 2007 an Order of Court was entered for the custody and visitation of the subject minor children, Jennifer Kuntz (dob 4/5/2001) and Jeremy Kuntz (dob 6/10/2004), A true and correct copy of which is attached hereto and marked as Exhibit "A". 4. Subsequent to the entry of the June 18, 2007 Order, Mother informed Father that her current Husband had one more year of military service, and that her current Husband would be performing that last year of service in the Pittsburgh, Pennsylvania, area. 5. Mother informed Father that she and her current Husband were going to rent their Cumberland County home for the one year period, and then would be returning to their home in Central Pennsylvania upon her current Husband's service in the Pittsburgh area. 6. Upon being informed of the above information, Father agreed with Mother to allow her relocation to the Pittsburgh area without the need for Court permission, and did further agree to temporarily modify the terms of the Custody Order so as to allow for the relocation to Pittsburgh. 7. Sometime in August 2010, Mother and the children moved to Louisiana, without notice to Father, and without Father's consent to move the children out of state, in violation of the Custody Order, as revised. 8. The children are now approximately 1,200 miles from their Father and his extended family, and Mother made no attempt to abide by the visitation as outlined in the Custody Order and subsequent Agreement. 9. Neither the children, nor their Mother, nor their step-father have an extended family in Louisiana. 10. Mother has limited, and frequently does not allow, Father telephone contact with the children, in violation of the Custody Order and subsequent Agreement. 11. Mother encourages the children to call their step-father "Daddy", and refers to Father as their "biological Father", thereby disparaging the relationship between Father and children. 12. Subsequent to Mother's move to Louisiana, she failed and refused for more than two weeks to give Father contact information. 13. Subsequent to Mother's move to Louisiana, and subsequent to this instant contempt/custody modification action, Mother filed a frivolous custody action in Louisiana, thereby causing Father to incur additional legal expenses. 14. An agreement was reached through Mother's Louisiana counsel and Father's counsel to allow for a visitation over the Thanksgiving holiday, with both parents splitting the cost of the travel expense. The parties agreed and Father paid for the trip in advance. To date, Mother has not repaid Father her portion of the travel expenses, which total $593.40. This has been requested numerous times to no avail. 15. Just prior to the wrongful relocation to Louisiana, the child, Jeremy Kuntz, who is 6 years old, had told his Father that he has a "double hernia". 16. When Father asked Mother about that situation, Mother stated that she just "pushed it back in" and that she had not taken the child to the doctor. FACT WITNESSES A. Plaintiff/Father, Jason Kuntz B. Plaintiffs Wife, Windy Kuntz C. Plaintiffs Sister-In-Law, Debra Kuntz - she will testify regarding conversations she has had with the children, including their living conditions in Louisiana; she will testify regarding her observations of the children with their Mother, with their Father and with their Step-Mother. D. Plaintiffs Brother, Larry Kuntz - he will testify regarding his observations of the children with their Mother, with their Father and with their Step-Mother EXPERT WITNESSES None. FATHER'S POSITION ON CUSTODY Primary physical custody of the children should be awarded to Father, along with an award f shared legal custody. Father has no expert reports. Dated: December 6, 2010 Respectfully submitted, JOHN F. KING LAW, P.C. . 11 1 b By: '014L4C. ``tG ohn F. King, Esquire ID#61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 Attorney for Plaintiff JUN 1 2007 J JASON R. KUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY LYNDA G. KUNTZ, Defendant. : NO. 07-1320 CIVIL TERM ORDER AND NOW, this 8 day of ?s n t? , 2007, as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: 1. Lynda G. Kuntz, hereinafter Mother, and Jason R. Kuntz, hereinafter Father, shall have shared legal custody of Jennifer Kuntz, born April 5, 2001 and Jeremy Kuntz, born June 10, 2004, hereinafter the Children. All decisions affecting the children's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with the view towards obtaining and following the children's best interests which decisions shall include, but not be limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children every other weekend, from Friday at 6 p.m. until Sunday at 6 p.m. Father agrees that he will bathe and feed the children before returning them to Mother's home on Sundays. 4. Father shall have partial physical custody of the children every Wednesday from 5:00 p.m. until 7:00 p.m. Father may begin exercising this right thirty days from May 4, 2007. 51(14 ,l 5 Mother and Father agree that if the children will be in the care of another person for any period longer than 24 hours, the custodial parent must first notify the non-custodial parent. 6. Father shall be responsible for all transportation relating to his periods of partial custody. Father shall pick up and drop off the children at Mother's home on the assigned dates and times. 7. Holidays. The following holiday schedule shall supersede the regular custody schedule. At the end of the holiday period as set forth below, the regular custodial schedule shall resume. a. Thanks iving. Mother and Father agree to share custody of the children on Thanksgiving. The first period, Period A, will be from the day before Thanksgiving until 1:00 p.m. on Thanksgiving Day. The second period, Period B, will be from 1:00 p.m. on until 7 p.m. on Thanksgiving day. Mother will have custody during Period A every year. Father will have custody during Period B every year. b. Christmas. Mother and Father agree to share custody of the children on Christmas. The first period, Period A, will be from Christmas Eve until 1:00 p.m. on Christmas Day. The second period, Period B, will be from 1:00 p.m. on Christmas day until 1 p.m. December 26. Mother will have custody during Period A every year. Father will have custody during Period B every year. Father agrees to return the children to mother, prior to 1 p.m. on December 26, if he has to work. C. Mother's Dav. Mother shall have custody of the children every Mother's Day from 9 a.m. until 6 p.m. d. Father's Dav. Father shall have custody of the children every Father's Day from 9 a.m. until 6 p.m. 8. Father shall have partial physical custody of the children for two non- consecutive weeks during the summer every year. These periods are to begin during Father's designated weekend according to the custody schedule. Father's week shall consist of seven calendar days. Those seven days would consist of two days during Fathers's weekend with an additional five days. During this time period, Father's grant of partial physical custody shall not interfere with Mother's designated times, unless the parties mutually agree otherwise. Father agrees to provide Mother with at least 35 days written notice of his desire to exercise this particular grant of partial physical custody. 9. Neither party shall be intoxicated from alcohol or drugs while in the presence of the children. Neither party shall be around those who are under the influence of alcohol or drugs in the presence of the children. 10. The parties shall keep one another advised of their current address and telephone number. 11. The custodial parent agrees to ensure that the children maintain reasonable telephone contact with the non-custodial parent. 12. Neither parent will do anything which may estrange the children from the other party, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The parties may mutually modify the terms of this Agreement. If either party does not agree to modify this Agreement, this signed Agreement shall control. 14. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. ?V? J. c:Tail ily Law Clinic Guida-Soude JASON R. KUNTZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LYNDA G. KUNTZ, n/k/a LYNDA PAULUS DEFENDANT NO. 07-1320 CIVIL ORDER OF COURT AND NOW, this 9th day of December, 2010, upon consideration of Mother's Motion for Continuance and Father's Reply thereto, IT IS HEREBY ORDERED AND DIRECTED that the Motion for Continuance is DENIED; Mother shall file her pre-trial memorandum required by this Court's order of November 15, 2010 on or before the close of business on Friday, December 10, 2010; IT IS FURTHER ORDERED AND DIRECTED that both children shall be present for an in camera interview with the Court at the hearing on December 13, 2010. By the Court, hristina A. Israel, Esquire Attorney for Defendant Fax: 761-2161 John King, Esquire Attorney for Plaintiff Fax: 695-2207 bas 0_0 I ?es ena-tutzk 1 9116 ,?k `?, l" \,? - M. L. Ebert, Jr., J. 0ii rs_n r o -n C-) ? E5 C) p, ? G`1 ? DEC 2 C ZU10 JASON R. KUNTZ :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVAN IA V. :CIVIL ACTION - LAW --? LYNDA G. KUNTZ n/k/a Lynda Paulus :NO. 07-1320 m; Defendant. :IN DIVORCE c3 STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. Father is Jason R. Kuntz, who currently resides at 712 Erford Road, Camp Hill, PA 17011. 2. Mother is Lynda G. Kuntz, n/k/a Lynda Paulus, who currently resides at 40366 Fitzgerald Drive, Darrow, LA 70725. 3. The parties are the natural parents of the subject minor children, Jennifer Kuntz (dob 4/5/2001) and Jeremy Kuntz (dob 6/10/2004). 4. The parties shall have joint legal custody of their minor children, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the children's best interests. 5. Each party has a right to be kept informed of the child's educational and medical development, and shall have a right of access to the child's educational and medical records. Each party shall be entitled to complete and full information concerning the children from each other, and from any doctor, dentist, teacher or similar authority. Each party shall be entitled and to have copies of any reports, notices or other communications given to either party as a parent. Within ten (10) days of the date of this stipulation, Mother shall provide Father with a complete list of all the children's teachers and medical care providers, along with telephone numbers and addresses for each. 6. Day-to-day decisions shall be the responsibility of the parent having physical custo- dy at that time. Additionally, the parent having physical custody of the children at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him/her regarding the emergency as soon as is practicable. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate notification of an emergency. 7. Each party shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other party. 8. Mother shall have primary physical custody of the children. 9. Father shall have partial physical custody of the children, as follows: A. Christmas: In 2010, beginning Sunday, Dec. 26, and ending Saturday, January 1. In subsequent years, for a period no shorter than seven days, which period shall begin and end on a weekend day. B. Easter: In 2011, beginning Saturday, April 23, and ending Saturday, April 30. In subsequent years, for a period no shorter than seven days, which period shall begin and end on a weekend day. C. Summer: Father shall enjoy an uninterrupted four (4) week block of time with the children. The four (4) week period shall commence the first Saturday in July and end four (4) Saturdays thereafter. However, it is recognized by the parties that the Ascension Public Schools, where the children attend, are providing the GEE, LEAP and iLEAP testing in the Spring Semester, 2011, and from time-to-time thereafter. The subject minor children will be subject to that testing. Should test results require that either child attend a remedial education session, and should that remedial session only be offered during Father's summer visitation period„ then Father's Sum- mer visitation beginning and end date shall be adjusted, by way of good faith communication be- tween the parties, so as to take into account the necessity of the child/ren being available for said remedial education session, while also retaining Father's four (4) week block period. D. Thanksgiving: Father's visitation period shall commence on the first full day the children are off school, and end on the Saturday after Thanksgiving, except that should Mother plan on being present in the Central Pennsylvania area on any given Thanksgiving, she may, after having given at least fourteen (14) days prior notice, enjoy temporary custody of the children for a four (4) hour period on Thanksgiving Day, so as to allow for the children to spend time with their extended family on Thanksgiving Day. 10. Mother shall be obligated to provide all transportation for the children unless other- wise indicated herein. It is the goal of both Mother and Father to ensure that all travel shall be the least burdensome to the children, and the most economical available. The children may be deli- vered to Father's home, or the Harrisburg (MDT) Airport, or the Baltimore (BWI) Airport, or the Philadelphia (PHL) Airport. The parties agree to review the calendar from time-to-time, in order to determine if the travel dates specified elsewhere herein fall upon a weekend day. The parties fur- ther agree that should it be determined that in any given upcoming visit the travel dates do not fall upon a weekend date, the parties will negotiate in good faith a change of the start/end dates of that given upcoming visit, so as to cause the travel dates to fall upon a weekend day. Mother is obli- gated to pay all travel expenses, except that Father shall reimburse Mother one-half (1/2) of said transportation costs for the Christmas and Summer visits, upon presentation of proof of expenditure. Father agrees to initiate reimbursement within twenty-four (24) hours of receipt of proof of ex- penditure, except for Christmas, 2010, as otherwise addressed herein. The travel arrangements will be made by Mother's Husband, Allen Paulus, which itinerary shall be relayed to Father immediate- ly, and under no circumstances (except for Christmas, 2010 travel) less than fourteen (14) days be- fore the scheduled travel. 11. Each parry shall have reasonable telephone and mail access to the children when in the custody of the other parent. Both parties acknowledge the importance of regular ongoing communication between the children and the non-custodial parent. When the children are in her care, Mother shall be required to initiate two telephone calls from children to Father every week. While the children are in his care, Father shall be required to initiate two telephone calls from the children to Mother every week. Both Father and Mother shall be entitled to initiate telephone communication with the children during the other parent's period of custody. Neither parent shall interfere in any way with the children's wish or request to initiate telephone calls to the non- custodial parent at any other time. Each parent shall provide to the other at least two (2) telephone numbers to be utilized in an emergency situation. Each parent may designate the particular tele- phone number to be utilized in normal parent/child communication. Neither parent shall allow the other's phone numbers to be shared with a third party other than their current spouse. 12. Mother shall pay to Father the amount of fifteen hundred dollars ($1500). Mother may, at her option, make said payment in six (6) monthly installments of two hundred fifty dollars ($250). Should Mother choose this payment option, the first installment shall be paid no later than January 31, 2011, and each subsequent payment shall be made no later than the last day of the fol- lowing month. Mother shall send payments to John F. King Law. This $1500 amount may be re- duced by Father, at his discretion, by giving notice to Mother that the reimbursement otherwise owed by Father to Mother for the Christmas, 2010 transportation, shall be applied to the outstanding principal balance of the debt owed by Mother to Father. Should Father provide such notice to Mother, then the principal balance of the debt owed to Father will be reduced in an amount equal to the reimbursement owed to Mother for the Christmas, 2010 transportation, and Father's reimburse- ment obligation will be deemed as satisfied. 13. Father and Mother, and/or Mother's Husband, Allen Paulus, agree to communicate directly through e-mail. Each party shall provide to the other a personal e-mail address to be used for this purpose. Each party agrees to use this form of communication for the regular ongoing communication necessary to properly raise the children and promote the children's common well being. Each party agrees to timely respond to the other's communication efforts through this me- dium. 14. Neither party shall impair the other party's right to custody, nor interfere with the other parent's custody, when the children are with that parent. 15. Neither party shall disparage the other party in front of the children, attempt to alienate the affections of the children from the other party, or allow third parties to attempt to alienate the affections of the children from the other party. 16. The parties shall not involve the children in any of the disputes concerning them which might arise between the parties, including, but not limited to, financial matters. 17. Mother shall provide medical insurance for the children, so long as it is available through her Husband's employment. Father shall inform the Cumberland County Domestic Relations Office of this matter, and direct that the Support Order should be amended to reflect the provision of medical insurance to the subject minor children by Mother. 18. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 19. This parties wish this Stipulation to be entered as an Order of the Court_ Christina A. Israel, Esq. IT IS SO ORDERED. BY THE COURT: J. Date: December ?. , 2010 !ES r?ll£ck, J 41?) Jason V.?Kuntz Lynda G. Paulus Relations Office of this matter, and direct *a the Support Order should be amended to reflect the provision of mcdical insurmwe to the subject minor c uw= by Mot w 18. During any period of cusbodp or visitafton, the patties io this Order shall not possess or use co ntrofled substanm or consume alcoholic beverages to ft point of i nwideaticm. The paffiCS Shall h'kvwiw assure, to dw a possible, dW otbar household members and/or house gum comply with this pdnibition. 19. This putties wish this Stipulation to be eared as an Order of the Court 5i; R. Knntze 1T LS SO ORDERED. BY THE COURT: - T *- - t Date: December / 201