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Home My WebLink About98-01103 i;' ~ ~ '1 ~ " \-. ~ II) ( ... ~ - . . .:\ ... '-J; .' '". ~*'~*~~~'~~--~~~~~~~=~~*):-~'~:~:_"~---~'~'~ . . ....... -- ~--- -- . ~l . . , ~, ~ ~ .' . S IN THE COURT OF COMMON PLEAS $ ~,,~ ~ ',' ~ OF CUMBERLAND COUNTY ~ STATE OF i~ PENNA, ~ * ~ '.' ,', ~ ~ '..., II !I N (), ....!Hl:::UO'3..CIVIL,.......... ~ $ .. MrcH1lEL, STETZ , 'I ~ '.' Vel':H1S ~ IAUR/\ M. STETZ $ *- ',' ,'. * ~ ~.' ~ ~ DECREE IN DIVORCE ~ ~.' AND NOW, . .. .. . .. ..14:-.1I.+, .. .2.: ~ .~... " 19.'1.1.., it is ordered and decreed that... ~~~. ~~~.. ,.. . .. ... ... .,..,...,.,.. .. .. '" plaintiff, and. . .!!':lJ!1A ~'. .S:I~r:Z. , . . . , . . . . , . . . . . , . . . . . . . . . . . . , , . , . . . . . . .., defendant, are divorced from the bonds of matrimony, .. ~ ~.' ~ ~< ~ ~ ~.' ~ '.' ~ ~ ~ ~.' ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ '.' ~ ~ ~ ~ '.' ,', ~ ~ '.' ~ ',' ,', ~ ~ ~ * f.. ~ '.' ~ ~.4 ~ ~ ~.' ~ '.' ~ ~.' ~ '.' :; ~ $ $ * s ~ ~ . . . . . .:I;'l: .:1;& .F.llIWlE:R .QRDERED .that ,the .teJ:lllS .and .conditions .of ,the .MaEital, , , Settlenent Agreerrent dated January 11, 1999, attached hereto, are incorporated * . . ,herein. . ference.....,....,.............,.....,.....................,. * I~ , ' , . !~ i ~~ , . , . i~ ': __________________.-..~...~,~__ ,__..__ ,_.__., __~.---..-..___~_.... _-...-..--..__...-....,_~ .__~_ _. _, .... I l!; .~~___~****_****~~*ro***~. ~ ~.' II Y ___/ e ~ 7i Ii ",..", ,," ~ " ,'..' Attest: '(J..~ ~>>~ ~ ~- K V:d~ Cla ;/'011:2 " ~''/';Motl;o;'OI''ry ~ ~.~ ~ ,.' ~ ~.~ ~ :.' ~ ~ ~ ~ ~ :.:.-:- .~. -:.:- .>>:. ':0.;' ~ ~ J. /-d/.p<j dd- t"~//'J'/~ 4 '1'P#oI1~ jtf/'..~ /iill.fJf 7'~ /""uet./ 7f- ,t.tf~.~ ~f.-r..... 00' I <. oJ .f ~ . ~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made on the tb "}i'''II~."((~ II day of B~...c."be .-199~~ between Michael Stetz (hereinafter called "HUSBAND", of 2167- 1/2 Catalina Boulevard, San Diego, CA 92107, and Laura Matthews stetz (hereinafter called "WIFE") of 315 Fifth Avenue, Second Floor, New Cumberland, Cumberland County, Pennsylvania 17070. RECITALS: R-l, The parties hereto are HUSBAND and WIFE, having been married on March 20, 1993 in Middletown, in Dauphin County, Pennsylvania. R-2. There is one (1) child born of this marriage: Gabrielle stetz, born August 25, 1994 (hereinafter called the "CHILD") . R-3. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since December 23, 1997r and intend to do so for the rest of their natural ! '. , 2. SEPARATION: It shall be lawful for HUSBAND and WIFE to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit. 3. DIVORCE: It is specifically understood and agreed by and between the parties, each of the said parties does hereby warrant and represent to the other that, as defined in the Divorce Code (23 Pa. C.S.A. 93101-3707), their marriage is irretrievably broken. HUSBAND has filed an action in the Court of Common Pleas of Cumberland County, Pennsylvania at Docket No. 98-1103 CIVIL TERM. The parties agree to take all legal steps, including, without limitation, the timely and prompt submission of all documents and the taking of all actions necessary to assure that a divorce pursuant to section 330l(c) of the Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. 4. LEGAL EFFECT: The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. HUSBAND has been represented by Paige 3 J , , t'1 If , I " ..... I' \: Macdonald-Matthes, Esquire, of cunningham & Chernicoff, P.C. and WIFE has been represented by Barbara Sumple-Sullivan, Esquire. Each party acknowledges that he or she each fully I, ' " ! I understands the facts and has been fully informed as to her or his legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and vOluntarily and that this Agreement and the execution thereof is not the result of any ,. , duress, undue influence or collusion. j , J , 5. INTERFERENCE: Each party shall be free from all indirect, by the other in all respects as fully as if she or J ,\ . , control, restraint, interference or authority, direct or he were unmarried. Each may reside at such place or places as he or she may select. Each may for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission of either HUSBAND or WIFE of the lawfulness 4 ~~ ,r'l j [ , ! I I i I I , of the causes which 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 in any way interfere with the "' use and are not dependent on their marital status with each other. 8. PERSONAL PROPERTY. The parties agree that they have divided all personal property acquired during the marriage. The parties further agree that from and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property whether real or personal, whether such property was acquir.ed before, during or after marriage, and neither HUSBAND nor WIFE need join in, consent to or acknowledge any deed, mortgage or other instrument of the other pertaining to the disposition of property. and the parties agree that the personal property now in each party's possession shall be and remain the sole and exclusive property of that party. 9. VEHICLES. During the course of the parties marriage the parties acquired two (2) vehicles- a 1994 Saturn and a 1993 Nissan Pathfinder. The 1994 Saturn was purchased in March 1994, is currently titled in HUSBAND's name, and is 6 J \~ ,-~' :{ I'; " c, '.~' ".i ,;1~ encumbered by a loan through Dauphin Deposit Bank. The 1994 Nissan Pathfinder was purchased in September 1997, is currently titled in WIFE's name, and is encumbered by a loan through Summit Bank. The parties agree that they each shall be entitled to keep the vehicle presently in their possession, and the parties further agree that they shall indemnify and hold the other party harmless for any liability arising from that vehicle, and shall be solely responsibility for payment of the loan for the vehicle in their possession. 10. MARITAL ASSETS. During the course of the marriage the parties acquired the following marital assets: (a) Real Estate Proceeds- $9,334.52 (approximately) ; (b) 1997 Tax Refund- $ 825.15; and (c) Series EE Bond- 100.00 (face valuel TOTAL VALUE OF MARITAL ASSETS: $10,259.67 The parties agree that the real estate proceeds and the 1997 tax refund, referenced hereinabove in subparagraphs (a) and (b) respectively, shall first be applied to satisfy the outstanding Marital Debt referenced hereinbelow, exclusive of the Hershey Medical Center invoice. The parties further agree that any remaining balance after the payment of Marital 7 , Debt shall be divided equally between the parties. The parties further agree that the Series EE Bond currently in HUSBAND and WIFE's names shall be placed in the child's name and shall be used solely for the child's benefit. 11. MARITAL DEBT. The parties agree that during the course of their marriage that they have incurred certain debts either jointly or individually. The marital debts incurred and the corresponding separation date (December 23, 1997) balances are as follows: (a) JOINT-Dauphin Deposit Bank VISA $3,473.20; (Account No.433600090-0090-7855) (b) WIFE-Bon-Ton Department Store $ 161. 12; (Account No.068-600-337-06_3) (c) WIFE-Sears $ 349.58; (Account No.05052784-00199_2) (d) WIFE-1st Consumers Bank (Spiegel) $ 247.53; (Account No.09-1426-196_1) (e) JOINT-Hbrg. Jewish Community $ 400.00; Center ( f) HUSBAND -Firestone $ 927.71; (Account No. 668675174) (g) JOINT-Arnold Fuel $ 161.44; and (h) HUSBAND-Nations Bank $2.800.00 (Account No. 4356-5500-1347-40432) TOTAL MARITAL DEBT AS OF DECEMBER 23, 1997 _ $8,520.58 8 The parties agree that the joint marital debts shall be paid from the marital assets referenced hereinabove in Paragraph 12. The parties further agree that HUSBAND and WIFE shall each receive from the marital assets, a check in the amount of the separation date balance of the marital debts in each of their names individually, to be applied to the separation date balance. Specifically, WIFE will receive a check in the amount of Seven Hundred Fifty Eight and 23/100 Dollars ($758.23) to be applied to the separation date debt referred in subparagraphs (b), (c) and (d) herein. HUSBAND will receive a check in the amount of Three Thousand Seven Hundred Twenty Seven and 71/100 Dollars ($3,727.71) to be applied to the separation date debt referred in sUbparagraphs (f) and (h) herein. HUSBAND and WIFE agree that they shall indemnify and hold harmless the non-debtor spouse from any liability arising from their obligation on the accounts which are in their name only. 12. marriage Center, received Thousand INVOICE FROM HERSHEY MEDICAL CENTER. In August 1997 WIFE underwent treatment at the Hershey Medical in Hershey, Pennsyl vania. An invoice has been for treatment rendered in the amount of Three Six Hundred Forty-Five and nO\100 Dollars 9 sharing or similar retirement plan acquired individual or as the result of contributions by his or her employer. WIFE hereby releases any interest that she has in the retirement benefits of HUSBAND accumulated as the result of his employment and any other additional benefits he may have accrued. HUSBAND hereby releases any interest that he has in the retirement benefits of WIFE accumulated as the result of her employment and any other additional benefits she may have accrued. 16. WIFE I S DEBTS. WIFE represents and warrants to HUSBAND that she will not contract or incur any debt or a liability from the date of December 23, 1997 for which HUSBAND or his estate might be responsible and shall indemnify and save harmless HUSBAND from any and all claims or demands made against him or his estate by reasons of debts or obligations incurred by WIFE after the date of the filing of the Divorce Complaint, including costs and counsel fees appertaining thereto. WIFE further agrees that she shall indemnify and hold harmless HUSBAND from any and all claims or demands made against him or his estate by reason of her car loan for the 1994 Nissan Pathfinder acquired through Dauphin Deposit Bank on or about September, 1997. 11 17. HUSDAND I S DEBT.!:!. HUSBAND represents and warrants to WIFE that he will not contract or incur any debt or a liability from the date of December 23, 1997 for which WIFE or her estate might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her or her estate by reasons of debts or obligations incurred by HUSBAND after the date of the filing of the Divorce Complaint, including costs and counsel fees appertaining thereto. HUSBAND further agrees that he shall indemnify and hold harmless WIFE from any and all claims or demands made against her or her estate by reason of his car loan for the 1994 Saturn acquired through Dauphin Deposit Bank on or about March, 1994. 18. MISCELLANEOUS. All assets including but not limited to savings accounts, checking accounts, certificates of deposit, and life insurance POlicies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement, is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position 12 J , < " " 'i , ; " \ , ( Po;" , " . with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue which is inconsistent with the position set forth and the proceeding sentence in on his or her federal or state income tax returns. 19. DISCLOSURE OF ASSETS. Each party hereby warrants, represents, covenants, declares and acknowledges that he or she has made a full and complete disclosure to the other party of his or her entire assets and liabilities. 20. SURVIVAL UPON DIVORCE. This Agreement shall not be considered to effect or bar the right of HUSBAND or WIFE to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available (this provision is intended to be read in conjunction with Paragraph 3 above). It is agreed that this Agreement shall not be impaired by any Divorce Decree which may be granted, but shall continue in full force and effect, notwithstanding the granting of any such decree. 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 occasion to disputes or unhappy differences which have occurred prior 13 , i I I !" l'~ " .I I " " ~ : 'I 'I , r J' to or which may occur subsequent to the date hereof. 21. 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, titles 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 situate, which she or he may have against such 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 curtsy, or claims in the nature of dower or curtsy, a widow's or widower's rights, family exemption or similar allowance, or under intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania; (b) any state, commonwealth or territory of the United States; or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or 14 , , t '\-'1 ,II I j: I ," " , . , \ ", which may arise under this Agreement or for the breach of any provisions hereof. 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 which has been disclosed, of any kind or nature, real, personal, or mixed, which the other now owns or may hereinafter acquire, except and only except, all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 22. FURTHER DOCUMENTS. HUSBAND and WIFE agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings which from time to time may become necessary to effectuate the terms of this Agreement. 23. ENTIRE AGREEMENT. HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, 15 which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 24. NONWAIVER OF PERFORMANCE. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of 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 default of the same or similar nature. 25. INVALIDITY. 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. , , i 16 I.'...,., Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent shall in no way avoid or alter the remaining obligations of the parties. 26. 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 such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 27. EFFECTIVE DATE. Except as otherwise specifically provided herein, this Agreement shall be effective on the date first above written. 28. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 29. SUCCESSORS IN INTEREST. Except as otherwise provided herein, this Agreement shall be binding upon and 17 \ I : I I l ,~ , r, , , Ii " .; " 'I " I' . , , f ,;... ", Cl I_C.' (~:~ \.D r.) Cn(;: " . ,';' ';) ;~ :n .. .' ' " ,rn .' ;e) , , ( :~'-~ .{~ ~ ~~ " ,...1 f3 ,;.C) I ;..~ rn ,.) =! ::l :;.-1 ,I' ~l -< . f ~'" ! .,..... 0> C N '~ ,:5.... (-J;::""'-' c):f ,. -~ . (..J"":; ~;.'S- ::"10) ',.:J2 '!'CZ 1.1IlO .:'!TJD_ "-:S,- -) 'U d, Ii o c.i' .. n a: '1: U:;i .11111 "",i! f:' :II! E. R ,.... .- :>, Q, o u ~ u " l: o U '0 " '" " = .. ~ "''E " 0 ,C) II o .. ~... '" 0 :S-c ~ " ~E t::c; ~ .S >l.~ "3 :s ~.s -... o .. oS t' E o .. <( .. '. . 'r' MICHAEL STETZ, . IN THE COURT OF COMMON PLEAS . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. : NO. 98-1103 CIVIL . . LAURA M. STETZ, : CIVIL ACTION - LAW Defendant : IN DIVORCE ,\' ( " iL 1/" \ t;' , '"~ l~, . i I information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following section (X ) 3301(C) of the Divorce Code. 2. Date and manner of service of the complaint: comolaint in Divorce was filed on Febuarv 27, 1998 and was served on the Defendant via certified mail. restricted deliverv on March 4, 1998. J i 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by section 3301(c) of the Divorce Code: - by plaintiff 1/11/99 ; by Defendant 1/11/99 (b) (1) Date of execution of the Affidavit of consent required by section 3301 (d) of the Divorce Code: by plaintiff N/A; (2) by Defendant N/A. 4. (Complete the appropriate paragraph(s)). (a) Related claims pending: N/A (b) Claims withdrawn: N/A '" (c) Claims settled by ~greement of the parties: l!LA (d) state whether any agreement is to be incorporated into the Decree. Yes. but not meraed. (e) Has a request for counseling been made by either party? HQ Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date~s,,\u':\O{\~ 17, \<fI~ BY~ _\'N"v;,Nl~d.~koJ) Paige Macdonald-Matthes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) 2 ~ r' \\ ~ ~ - Q') "" "" \J' - l'{'"l -. ~ ........... ~ "'" -, ,. "'"\! :N, 5;5 ~ \S"- it' ?'>"" ~ \x::> :c - "i. ~ ' ~ " 0- q~ ~ ~ ~'J1 - .... r- "'~l ;!' r\"\ r-..., ~ :N ' Eii i:6 a:. ~ UJ me.. ~ ~S: ' Ll- b ~ C'O <.J , ' Cl< 0' if 0, d .. . 1::.: ," . D;"... _ _ _, nl: 150m ':Z:zzz' , U 01&'-': oil fdA." ~ me; , C 'a::' , :z: z:) , , <!l ~ID z"'m ZND:, ' Z a:: G'~ ';', ,., Co o U - 'U " t: 0, U '0 " .. " '2 - . "'8 "C) 0 ..0 ~ o ... -.... .. 0 .~ '0 oS " l:'G 'S c; " " U .~ >..~ "3 S ~~ .c _ -.... " .. oS ~ E ~ , . ~~ . ~ '1 MICHAEL STETZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. tiff - I ffYj CIVIL ACTION - LAW IN DIVORCE C;ti-vC LAURA M. STETZ, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County g. \1, I Aalll.i."l.!!el:_L_Z'~ B,.,{ (' A"$'1/\, PllmlH==!rl nll~] Cuunty ,..,....lu:t.hoUE1~ 1 LL Fleer 1 Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 CUNNINGHAM & CHERNICOFF, P.C. Date: , '-~ 11" ,,, ,A I '23 It,,-!,! By :--::;-;:"^>C A^N\,,.~.,,,,,, Q,~ -_l\,,~w,/) paige Macdonald-Matthes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 ,~' MICHAEL STETZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : 9'[- //63 &vJTt......... v. . NO. . . . LAURA M. STETZ, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the plaintiff, Michael Stetz, by and through his attorneys, Cunningham & Chernicoff, P. C., who files this Complaint in Divorce, alleging the following: 1. Plaintiff is Michael stetz, who currently resides at 6202 Friar's Road, Apartment 214, San Diego, California 92108. Before moving to California in october, 1997, the Plaintiff resided at 2327 North Second Street, Harrisburg, Dauphin county , Pennsylvania and resided there continuously for a period of three years. Plaintiff is still a resident of Pennsylvania. The Plaintiff is a citizen of the united States of America. 2. Defendant is Laura Matthews Stetz, who currently resides at 318 Fifth Avenue, Second Floor Apartment, New Cumberland, Cumberland County, Pennsylvania, 17070. The Defendant is a citizen of the United States of America. r, .~. ~FICATION I, Michael stetz, verify that the statements made in the foregoing complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: ~1.I' 46 ':l, r'; t,,"> , , '., (, \ 'I AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA as; COUNTY OF I, Michael Stetz, being duly sworn according to law, depose and say: (1). I have been advised of the availability of marn,age counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the court. I , I I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authoritie . STATE OF_Ca.* f'r11'a-~ COUNTYOF.S~J:X:LD., 0Il.u t SWORN and Subscribed to Before me this ~ I S.;- day of Feb. , '^' CHfIISTlNE L. MIDDLETON 'I:.~ CornrnlS>lon ~ 1078191 _ . '"(110... :) Notcry Public - California ~ Son Diego County _ My Cornrn, Expires Nov 19. 1999 I 1998. ~j!8 //7 /' " ;;(-; "m.cMT NOTARY PUBLIC " >- cr, >'!: lU~ ,.00 .. 'o'" ,~[f8 0.: u. I, --'lU G:ff ' L1.. :' '0.. " .' ,.' - " .. .. ,":/ 0" , ".r--'- Z " 0 ~ " -, ... :!Ii ... ~o' C> ~, <> <:, \,,:J "'( . :J ti :;.; M Ulw;.! N .'<:: ~ e iii E ~ ,::'J.-r ~G'7 r)..-:-.. ~ CJ". e [ 01 Z ::t: (: '. ,.' t'i) .? o ::l: 8 i5 a.. ') ::~':' C\:, :::...4;-' I ~:J;;:o. "" <XI 3i/j ~ t'- :5' UI, lD ci " IN ~ ...... I- a:~ ~ ~!j u l4JIU c:J fl.} Ii.: -c c( II: co ::3 '\) m 111 a: m . en (J ,-==tj 'c( ~ 0,' ~ t.l ~ ~ (Y m uo' ~ ,Z , / .' , ,", ..r . . . . . MICHAEL STETZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 98-1103 Civil Term LAURA M, STETZ, Defendant : Divorce NOTICE TO DEFEND AND CLAIM RIGHTS II i .1 YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. Ajudgement may also be entered against you for any other claim or reliefrequesled in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. J 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. '\ I, I , I YOU SHOULD TAKE TillS 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. ~ ~ l !'t h Ii CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 " " .j , , !I.... MICHAEL STETZ, Plaintiff IN TI'IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1103 Civil Term LAURA M, STETZ, Defendant DIVORCE ANSWER AND NEW MATTER AND NOW, comes Defendant, Laura M. Stetz, by and through her counsel, Barbara Sumple- Sullivan, Esquire, and files the following Answer and New Matter: 1. Admitted. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted that Defendant has been a resident of the Commonwealth of Pennsylvania six (6) months prior to the filing of the Complaint. She is still a resident of Pennsylvania. It is denied that Plaintiff was a resident of the Commonwealth of Pennsylvania for a least six (6) months immediately previous to the filing of the Complaint. Defendant moved from Pennsylvania on or about October 16, 1997. Since that time he has resided in San Diego, California. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. It is denied that Defendant has offered indignities to the Plaintiff as to render his condition intolerable and life burdensome, 8. Admitted. 9, Neither admitted nor denied, Defendant has no knowledge as to what Plaintin'was advised, 10. AdmiUed. WHEREFORE, Defendant requests entry ofa divorce decree in her favor in accordance with !j3301 of the Pennsylvania Divorce Code. COUNT II EOUlTABLE DISTRIBUTION 11. The averments in paragraphs I through 10, inclusive, of Defendant's are incorporated herein by reference thereto. 12. Admitted. WHEREFORE, Defendant requests this Court to equitably divide said propelty in accordance with Section 40 I (d) of the Pennsylvania Divorce Code. NEW MA TIER COUNT m ALIMONY PENDENTE LITE AND ALIMONY 13. The averments in paragraphs I through 12, inclusive, of Defendant's Answer are incorporated herein by reference thereto. 14. Defendant requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Defendant requests an award of Alimony and Alimony Pendente Lite. -2- MICHAEL STETZ, IN TIm COURT OF COMMON PLEAS : CUMBERLAND COUNTY, I'ENNSYL VANIA PlaintitT NO. 98-1103 Civil Term v. LAURA M. STETZ, Defendant : Divorce VERIFICATION 1, Laura M. Stetz, hereby certifY that the facts set forth in the foregoing ANSWER AND NEW MA TIER are true and correct to the best of my knowledge, information and belief. 1 understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. t/p~ffleIo DATED: october 26. 1998 Laura M. Stetz \ MICHAEL STETZ, PlaintitT : IN TI-IE COURT OF COMMON I'LEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1103 Civil Term LAURA M. STETZ, Defendant : Divorce CERTIFICATE OF SERVICE 1, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, 1 served a true and correct copy ofthe Defendant's Answer and New Matter, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Paige Macdonald-Matthes, Esquire 2320 North Second Street Harrisburg, PA 17106 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant DATE: October 27, 1998 ~ .,:t', .....-J,-;-. ..... ,-. ~ . fr. c;. .~, .-:.,. 1-., ~ -':l 0:' 0 f'~) ;..~ .Il~* ~: rJ~ '. ':-,,: (>:f'r 0.:. 1';):'4 1~5r::: . '_l..~ @CJ ~:r :~5 E'J .' ::II:+: '" . ...- -- (1"% .1i:Y! ~.. ~}lB.~ r!: ...~ -:-> "'-' ~- U:. .0"\ ::.l 0' 0"\ t.:l -1i!P"!!? ,., c. o u tl " t:: o U '0 " .. " E ;.0 .. " 0 .0 u o ~ -.... .~ 0 .0'0 - " ~iE 'Co; ~ .S ~.~ .0 .. " 0 .. " ~--s -.." 1:). (j. .... a: l=: IfI:':S. olllz'. .Si!a:J zl;j;.l a: >- 'WQII) ':z:zz I uoz III fil ~ . ...t:'. ::Ii II) ,.t.. ... C . ie'l::. :z:z:;) _ '~.~m ZN- z .a: :;) a: u ~ .-? <::::::?- .~ . .. oE ,., " e g ... , I .. . ...:.. .~ CUNNINGHAM' CHERNICOFF, P.C. ..-.-'----- ~. MICIlABL STETZ, Plaintiff I IN THB COURT OP COMMON PLEAS I CUMBI!lRLAHD COUNTY, PENNSYLVANIA t I NO. 98-1103 CIVIL TERM v. . . LAURA M. STETZ, Defendant I CIVIL ACTION - LAW I IN DIVORCE " AFFIDAVIT OF CONSENT [.'. 1. A Complaint in Divorce under section 330l(c) of the Divorce Code was filed on February 27, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service 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.A. section 4904 relating to unsworn falsification to authorities. .' i Date: trawfh ~::z Laura M. Ste z i " .' i' ,;;m""ry 11 1l)C)l) _""~".~_'~'-"''';'4~'''''~' \,"'..,., .."'_"~"" .',.;. '; ~ . co C' ~J ~. '. z; :.Jof!'" (.J 0) .0...... .r;1~ .~:~0 .~.r_ I\-'Z !i]IU t.il~ , ;~ -, [) .- -~ (\.. ,M..:'r -. ''''.- ~, 7) .' ,en 0"\ o U ... a: l=: It\ijS ~a:~ Z"'~ ffi~~ :z:zz uoz.. lllfil~ ::Ii II) - ~z!~ li!2~ _Nil) iNi :;) c U :z: '.:.". "\ ~\ ., ,., c. 0 u - u " t:: 0 U '0 " .. " E - .,; .. .. " 0 .0 u 0 " ... - .... '" 0 :a '0 - " ~a - ;; Ii ) u .9 >..e:!> .. . . .~", ~~ .0 .. " 0 '- Ii " -= oS - .... 0 .. ~. .'''J . .-.:, CUNNINGHAM&. cfiERNICOFF, P.C. o . - -..-------.--.- , , I , ' MICHAEL STETZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-1103 CIVIL LAURA M. STETZ, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NO~ICE OF INTENTION TO REOUEST ENTRY OF A D~VOBCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division 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 divor.ce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: January 11. 1999 ()lil& n1 i1&~ Laura M. etz ...-..... ",-..-_..-.. .. . . . , (") ',.:.' " C :,,:,~l ~~ "lJ 61 m r- . ,r ~,~1 .-, :xi f:~~ ,-', ,_. ' :! -' ",') r:l) '-- .- ~'l ?-~n -.,t 2() (,,-) ";;.C: i'-: .. in -? ~,:::, -.: ~I ~ '_..:1 ( '", -c '~' .. .' " " , \. (r;,~~:' ',,~.1 . " J l(". J, ,~ .." \ ' "~~:\"'.'1 ~! ~ . '.' " " .~ '01 " . . ;~.. , i .J ~ .... , l " , .~4..#lI~,-~.U.~....,. ~ "f . , ! ( { '}; I I: 'i \: :( ~ ';: . ,~: .; ~ ,I t ;.... .,,.u...~. ~~.. .! " ., , . '.: .. .;, r~. 1 ,. . .... 1 " .':'! 4'~ ~:;.. " ''f''r~: ',.1 .. " . ", '\, '.,.... . ,. ., .~. . . ':J'~'i~.! {t., ':'. .. {, 'it) i . .~" . ;'1' . " ". ) ,(~'L.~.. . . .r. t t~''''' . ; I: .,~ , v' ,. I -; \ ., , .- ~. . r. iJ.;;, .. J', :. .'" -; ,,~ .::"':~~".? ,t.. 'in '.... .._t'. 'DEe - 4 199~\ '\{:J MICHAEL STETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, I'ENNSYL VANIA v, : NO, 98-1103 Civil Term LAURA M, STETZ, Defendant : DIVORCE ORDER AND NOW, this re::- day of /, O,-"....~ , 1998, upon consideration of Defendant's Motion to Revoke Appointment of Master, it is hereby ordered that Divorce Master Robert Elicker, Esquire is hereby revoked as master and Defendant's claim for alimony pendente lite is withdrawn, / sf .-fi~d'<-- f!. dj~ PJ '~,!:i ['--r" _ i:: T , ~. ': "', 'I '.. \1,~. \<~ " ',,',' " 1 ;j .~'L (1,:; I' ,~;" '\;'L\!f>~-;-"\ ~IIY (, \\ \~" ;. I;. ',,~ ;,--.<, t~~",<, ~",J.;1 ?r;.(.s.'\ . b..\'{.t,;,!,.: ~,',~.::,",,' .~".,'",; , -"l,_::".:' .ti.',." ....', ~~\\:;Yi~,' iJi.v,. ....j. I '" 'f\~f. . " ~'\' .:l:'.:" II ,i\~~..,\" r,' ~1~t::;.>... ~. ,,' _~r.~ ~\\4;/, ft=~_~,"\~ ,~;.:;;j" ' l:t:' N J':~,~_:;~~,. -_- L1J. t-- ~,,:~:~~~:;, OJ ::, ; :. ( ::t::. U ~"'. 'F CJ ~i;~h.:;' .~ ,ffi~ " " ".., ',.:' .' I , " , , . ,-~ , ,;:/ .~' 3' ~ ::l ..~. l/Iw:i ~ ~ E~ ~~lffi :I:::l;; II; :5 l/I .. Q i2! ~. ~ m 0: ::E-, .' r, .,0( :l' m u. ~ z " '). C": N' c.. 'z ::; ..-r (,,)z::; '-)~ 0>' 'O.>! .~. . ~~!!) ~.t,. ffi~;:; roo.. -.: 5, U '. .' (' o. " " ...... ;~) ,. :\ ~ '"\" ',\ ;~;::"~_.., '----. ~--...... " ,.---..~ " ")) -"''':..- .:.:....:;::-.: -'. , , , , , ( }Ii (/ . . " .,; f.' . flLEo-OfflCI: Ot': i-'" r.>o!",,1Ur",l,'O-I/'>r-.J r ..,,' .."t ....1. ,1 95 (lCi 7..9 M\ \0: \ 9 CUIJ.l:I:\ILfi'\\'\ COU,{\'( P8'-lt'lS'il)/Nl\J\ ' i\ '/ ~.( If) fl',;:,' I' 1.'1: Il~f, if:t ; ~ , j; ji 1:\ ll~\ t ~\,.'~. ..,,-,..>;,::~~ MICHAEL Hi:TZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA i'laintilr v, : NO. 98-1103 Civil Term LAURA M. STETZ, Defendant : DIVORCE MOTION FOR APPOINTMENT OF MASTER Laura M, Stetz, Defendant, moves the court to appoint a master with respect to the following claims: ( ) Divorce ( ) Annulment ( ) Alimony (X) Alimony Pendente Lite ( ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery ;s complete as to the c1aim(s) for which the appointment of a master is requested, (2) The Plaintiff has appeared in the action personally by his attorney, Paige Macdonald- Matthes, Esquire. (3) The Statutory grounds for divorce are irreconcilable differences, (4) The action is contested with respect to the following claims: Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one hour. (7) Additional infonnation, ifany, relevant to the motion; Plaintiff per month in child support pursuant to an Order dated June 11, 1 Case No, 582100041. resemly is paying $702,66 o No. 27338, PACSES DATE: October 27, 1998 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D, 32317 Attorney for Defendant t7' N 'M' :.c .~ 'ii;; ~ ("') ,~"'. JJ:~ :.'~@ ~ ,-' ("@u.... t-- .,~c~ U u;.-,. C.I .' "- ...~,,ll_~\, ,0,:] , , ll~ "0' o ~ ~~. r;:\~ ;;;':W '~Z fh tzo.l.l r.u ...~ 5, u . .~: ~<: i _ ~ ' ~ 1" , \1.:;:i\,'}.'.~;:'?)1-~: >;it,<j;,;.:;>_\'t~ '.', "',. ?~ ~ \' f:,::'':;: iUl'~~~it . ,< ,',' .... :\'\~~,'~ \~ .. . ~ , ,)~ ""{, ' ,':} r'''\<:: V"" , "','-.; 'i'~;H,!~ " ~<~ l,: '4_ ' .! ~,... ;, ':''.'f l"\IX~ ' .' ('V 'l'~ !.I J,) 'I ~.- -'~ ~ ~". ;~>:"7: r, I", ~. ,->0. /t~ ' ',.~..r~'J. ..;..,::\~: ~ . .- 'I ',' ,. ,\ {~. ' ., " , ", ~ "';''','!' .- , " '1" <., ", . :~\:/.~ r~ ' .'."., 'j t,.." 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" " -s .c ... , I I I I ! v. :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 98-1103 MICHAEL STETZ, Plaintiff LAURA STETZ, Defendant :CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Michael Stetz, by and through his counsel, Cunningham & Chernicoff, P.C. and files his Answer to the Defendant's New Matter and in support thereof avers as follows: Com!'" ..Ill ALIMONY PENDENTE Ll~E AND ALIMONY 13. Incorporation paragraph, no response required. 14. Denied. It is denied that Defendant requires reasonable support to adequately sustain herself with the standard of living established during the course of the marriage. By way of further reply, the Defendant has a full- time position with the Harrisburg Patriot News and consequently has adequate means from which she can support herself. By way of further reply, the Defendant conducted an adulterous relationship during the course of the marriage and I , I CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, do hereby certify that a true and correct copy of the Plaintiff's Answer to the Defendant I s New Matter, in the above-captioned matter was placed in the United States Mail, postage prepaid in HarriSburg, Pennsylvania on October 28, 1998, on the following: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (Attorney for Defendant) Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: October 28. 1998 -..--:--~. . ( " By: \...~cu..~\P'" 1.\\n/\cJ~-,.., ....'-r)-...h."\,n<t.,1...,) Paige Macdonald-Matthes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 HarriSburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) () V') 0 c OJ TI ~.... ~. -of:xl (5 :;:J "WI! < /-ii:!J 2:(1 ;~C... I ~~~ ~,_.. ." (~5 ~L on :::J~~ :i: (!j:!J ;;~.(.') j .c- Orrl :'~ ::;:.! :,;, ::a -< -< f~ MICHAEL STETZ, IN TI-IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYl VANIA Plninlil1' v. NO. 98-1103 Civil Term LAURA M. STETZ, Defendant : DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Plaintifrin the above-captioned matter, having been granted a final decree in divorce on the 21st day of January, 1999, hereby intends to resume and hereafter use the previous name of LAURA DEANN MAT~EWS and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. !j704. TO BE KNOWN AS: ~/!{~ ~&Wt Sa~* fha/t,~ LAURA DEANN MA""HEWS COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On this, the 25 day of _iHbwCvt VU , 1999, before me, a Notary Public, the undersigned officer, personally appeared LAURA M. STETZ known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .A.,. ~ r 2JJ ~ ......NOTARYPUBLIC {I (j NOTARIAL SEAL 50~OR^ l. NEFF. NOTARY PUBLIC CARLISLE RQRD. CUMBERLAND COUNTY II.Y COMMIS51011 EXPIRES NOVEMBER 15, 1999 (SEAL) ,( ~./ "' ~ ~ ~ 10 '\j "Z. ~ & \ . i ~ 8 1.0 ...~. \..0 0 :-O[~i -.... - g)I~1 ,..;{ 'I ;;0 .'.'.' ':0 =:r! v7-S,. N "j::O r::..: :':' u, :.r!gF;:; )?" ~.! ..,~ ;f.:(j ~ ~, ,~ ,-: -... - ~ .,..;J> .....1 -.. ?!'~'4 f:: '.0 ;J ~L :.OJ .. 8h1 -< r:- bI. o ~o ----;: I t. t ,(1 I,. II';; ;}' tr,) . ,