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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
.
. KRISTI L. NUTAITIS
.
.
. Plaintiff
.
VERSUS
.
THEODORE J. NUTAITIS
Defendant
.
PE N NA.
NO.
2000-6578
DECREE IN
DIVORCE
. AND NOW, ~ 'i , 2003 , IT IS ORDERED AND
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. DECREED THAT KRISTI L. NUTAITIS , PLAINTIFF, .
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AND THEODORE J. NUTAITIS , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
.
The Marriage Settlement Agreement dated February 8, 2003
executed by the parties and recorded herewith is incorporated but
not merged herewith.
BY THE COURT:
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PROTHONOTARY
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02/ei5/2003 08:01
7l 723~~~02
NICHOLAS & FOREMAN
PAGE: 03
CfJ-lP'51~ ~~ ~\ \
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MARRIAGE SETTLEMENT AG~EM.Em:.
THIS AGREEMENT is made this ~ay of Februaty, 2003,
between THEODORE J. NUTAITIS (hereinafter referred to as "Husband")
by and
-AND-
KRIS'l'I L. NUTAITIS (hereinafter referred to as "Wife")
WITNE SSETH:
WHEREAS, Husband and Wife were l.awfully married on November 14, 1992;
and
WHEREAS, diverse unhappy marital difficulties have arisen between the parties
causing them to believe that their marriage is irretrievably broken, as a result of which
they now Jive separate and apart from one another, the parti~ being esttanged due to such
marital difficulties; and
WHEREAS. there js one minor child born of this marriage, Sara Nutaitis, who is,
in the best interest of the child, in the custody of the mother with liberal periods of
temporary custody in the father; and
WH&REAS, the pames h~to are desirous of compromising and settling fully
and finally their respective fmancial and prope~ rights and obligations as between each
other, including, without limitation. by specification: the settling of aJl matters between
them relating to the OWIleI$hip of real and personal property; and in general, the settling
of any and all claims and possible claims by one agaill5t the oilier or against their
respective estate, particularly those responsibilities and rights growing out.ofthe marriage
relationship, inter alia past, pr<;sent or future spousal support Or maintenance, alimony
pendente lite, alimony, counsel fees' and expenses, and equitable distribution, whether or
not lite parties reside together; and
WHEREAS. the parties have made full disclosure to each other of their assets
and liabilities and have agreed an a settlement of all property rights and differences
existing between them; and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute and final settlement of all their
respective marital and property and all other claims.
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02/05/2003 08:01
7172355502
NICHOL/IS & FOREMAN
PAGE 04
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'NOW, THEREFORE, in considerlllion of the premises and of the promises,
eonnants and undertakings hereinafter set forth IUld for other good and valuable
consideration. the receipt of which is hereby acknowledged by each of the parties hereto,
Husband and Wit'e, each intending tQ be legally bound hereby, covenant and agree as
follows:
1. SEPARATION. It shall be lawful fOr each party, at all times hereafter, to
live separate and apart from the other, at such place or places !IS he or she may, from time
to time, choose or deem fit. Each party shall be free from interference, authority or
control by the other, as fully as if he or shc were single IUld unmsrried, except as may be
necessary 10 carry om the provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other. The foregoing provision shall not be an
admission on the part of either party of the lawfulness or unlawfulness of the causes
leading to their separation. A reconciliation will not void the provisions of this
agreement.
Should a decl'ee, judgment or order of separation or divorce be obtained by either
of the parties in this or any other state, country or j unsdiction, each of the parties htlreby
consents and agrees that this Agreement and all of its covenants shall not be affected in
any way by any such separation or divorce; al1d that nothing in any such decree,
judgment, order or further modification or revision. theteof shall alter, amend or vary any
tenn of this Agreement, whether or not either or both of the parties shall remarry, it being
understood by and between. the parties hereto that tIlis Agreement shall be incorporated in
but shall not be merged into any decree, judgment, or order of divorce or separation. It is
specifically agreed, however, that a copy of this Agreement or the substance of the
provisions thereof. may be incorporated by reference into any divorce, judgment or
deoree. This incorporation, however, shall not be regarded as s merger, it being the
specific intent of the parties to permit this Agreement to slll'Vive any judgment and to be
forever binding snd conclusive upon the parties.
2. 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 the Agreement on the same date. Otherwise, the
"date of execution" or "execution date" ofthis Agreement shllll be defined as the date of
execution by the party last executing this Agreement. Transfer of property, funds and/or
documents shall oocur on the effective date unless otherwise specified herein.
3. AGREEMENT 'NOT A BAR TO DIVORCE. Tbi5 Agreement shall not
be considered to affect or bar the right of either party to a divorce on lawful grou.nds as
may be now cr hereafter available to either party. This Agreement is not intended to be
and shall not be a oondonation. on the part of either party of any act or acts of either party
hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the
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71 72366602
NcCHOLAS & FOREMAN
PAGE 05
time of execution hereof to execute any and all affidavits Of other documents necessary
for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce
Code, Each party waives 1he right to request COWl ordered counseling. Or execution
hereof, each party will promptly cease any out<rtanding claims in Divorce to be withdrawn
and will exchange any affidavits, weivets or notices necessJ.r)' to process the divorce.
4, DEBTS AND OBLIGATIONS. Each party hereto represents and
warrants thet he or she has not, and in the future will not, contract or incur any debt,
obligation or liability for which the other party Or his or her estate may be responsible or
liable, except as provided for in thi.s Agreement. Each party hereto agrees to be solely
responsible for the prompt and timely payment of the debts identified to be paid by him or
her. Each party hereto agrees to indemnify and hold narmless the other from any and all
claims, debts, Obligations or demands made against him or her by reason of debts Or
obligations incurred by him or her or identified to be paid by him or her. The parties
acknowledge that there is currently a first and second mortgage on the marital home
IOl:ated at 710 Second Street, New Cumberland, Pennsylvania, which has been in the
possession of Husband since the parties separated.
The parties agree to immediately attempt to sell the marital property themselves
and, if necessary, obtain the services of a professional to market the same. During the
period of marketing of the property, Husband may continue to rent the property and
Husband will remain responsible for all costs of the property including, bIlt not limited to,
pllynlent of the first mortgage and payment of the second mortgage, as well as all normal
operating costs such as taxes, utilities and insurance, Upon sale and settlement of the
property, Husband wiIl be responsible for any utilities, taxes, insurance, all first and/or
second mortgage payments through tbe date of settlement. At settlement, alt matters of
title of clearance, other than. those which are set forth herein as the responsibility of
Rusband, and normal settlen1ent I:harges will be deducted and the proceeds thereafter will
be split, one half or fifty percent to Husband and one half or fifty percent to Wife. In the
event that there are no pro.:eeds, but that tnere i. iii deficit, each party will pay one half or
fifty percent of the amount necessary to transfer free and clear title and to pay the normal
costs of closing and settlement.
S, MUTUAL RELEASES. Husband and Wife hereby mutually remise,
release, qWt-clairn and forever discharge the other and the estate of such other, for all
time to come, and for all purposes whatsoever, from any and all rishts, title and interest,
or claims in or agaimt the estate of such other. of whatever nature and wherever situate.
which he or she now has or at any time hereafter may have against such other, the estate
of such other or any part thereof, whe1her arising out of any formet acts, contracts,
engagements or lillbilities of such other or by way of dower Of curtesy, of claims in the
natUre of dower OJ: curtesy, or widow's or widower's rights. flllllily exemption or sim.ilar
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 testamental:y or all other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the
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02/05/2003 08:01
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N!CHOLAS & FOREMAN
PAGE 06
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laws of Pe!l1lsylvania, any state, commonwealth or territory of the United States, or any
other country; or any rights which either party II1llY now have or at any time hereafter
have for past, present or ful'l.U'e support or maintenance, alimony, alimony pelldenle lire,
counsel fees, costs or expenses, whether ari~ing as a \'esult of the marita.! relation or
otherwise, except and ouly except all rights md agreements and obliga.tions of
whatsoever nature arising or which may nrise under this Agreement or for the breach of
any provision thereof. It is the inlention of Husband and Wife to give to each other by the
execution of this Agreement a full, complete and gcnm.! 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 .....natsoever nature arising or which may arise under this Agreement or for the breach. of
any provision thereof. It is further agreed by each party that this Agreement constitutes a
full and final resolution and settlement of all claims of any kind, alld especially and
claims arising under the Pennsylvania Divorce Code, which either party may have against
the other.
6. HOUSEHOLD AND PERSONAL PROPERn'. The parties hereto
agree that all personal property now in the possession of Husband shall be the sole
possession of Husband; aU personal property noW in the possession of Wife shall be the
sole property of Wife. Each part)' hereby releases all right, title and interest which they
may have to personal property in the possession of the other. Any persona! property of
the plll1ies remaining at the marital home at 71Q Second Street, New Cumberland.
Pennsylvania, shall be the sole personal property of Wife. The parties agree that any
motor vehicles in the possession of either party shall be SOlely the property of the other
and, in the event any documents are necessary to ttallsfer title into the sole name of either
Husband or Wife, consistent herewith, the other shall reasonably cooperate to achi.eve the
said purpose.
7. ntNSIONS. ~TIREl\1'ENT ACCOUNTS AND lN~URANCE. The
parties hereto waive any and all interest 01 claims which either may have in al1)'
individual retirement accounts, existing pensions or similar accounts in the name of the
other.
8. ADVICE OF COUNSEL.. The provisions ofthis Agreement and their legal
effect have been fully explained to Wife by her counsel, Bruce D. Foreman, Bsquire.
Husband has been represented throughout this divorce process by Richard C. Rupp,
Esquire, and has either consulted with hlm concerning the legal effect and explanation of
rights with regard to this Agreement or, has of his own free will, advised that he has the
right to consult with his current counselor other counsel freely, knowingly and
voluntarily waived the right to the same, Husband and Wife each covenants that he or
she has made a full financial disclosure to the other of his or her respective property,
holdings and income. Husband and Wife each acknowledge that each fully understands
the facts of this agreement and has been fully infonned as to her or his legal rights and
obligations and cMh party acknowledges and accepts that this Agreement is, in the
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NICHOLAS & FOREMAN
PAGE 07
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circumstances, fair and equitable and that it is being entered into freely and voluntarily,
with such knowledge and that execution of this Agreem.ent is not the result of any duress
or undue infltlen::e and that it is not the result of any collusion or improper or illegal
agreement or agreements.
9. ADDIjIONAL INSTRUMENTS. Each ofthe parties shall, from time to
time, at the request of the other. execute, acknowledge and deliver to the other pllIty any
and all further inslrulr.ents, deeds, titles or documcnts that may be reasonably required to
give full foree and effect to the provisions of this Agreement, includ.ing all papers
necessary to transftJr title.
10, AFTER-ACOUlRED f.liOPERTY. Each party shall hereafter
independently own all property, real, personal or mixed; tangible or intangible, of any
kind, acquired by hi.m or her, with full power to dispose of the same in all respects and for
all purposes i as though he or she were unmarried.
11. ~PLICABILI'I'Y OF TAX LAW TO PROPERTY TRANSFER The
parties hereby agree and express their interest that any transfer of property under this
Agreement shall be within the scope and application of the Deficit Reduction Act of
1984, hereinafter referred to as "the Act," and specifically the provisions of the Act
pertaining to property transfers between spouses and former spouses. The parties agree to
sign and file any electiollS at othet doeum~ts required by the Internal Revenlle Service to
apply the Act to transfers under thi~ Agreement without recognition of gain and subject to
the clll'lY-over basis provisions of the Act.
12. MODIFICATION AND W AIVEIt. A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing lllld executed
with the same fomalit}' as this Agreement. The failw-e of either party to insist upon the
strict performance of any of the provisions of this A.greement shall not be constrUed as a
waiver of' any subsequent default of the same or similar nat\1re.
13. ENTIRll; AGREEMENT. This Agreemmt contains the entire
understanding of the parties, and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein,
14, DESCRIPTlYE HEADINGS. The descriptive headings used ~ereill are for
convenience only, They shall have no effect whatsoever in determining the rights or
obligations of th.e parties.
15. INDEPENDENT SEPARATE COV~~ANT:S. It is specifically
understood and agreed by and between the parties hereto that each paragraph hereof shaH
be deemed to be a separate and independent agreem.ent.
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71723&&&02
NICHOLAS & FOREMAN
PAGE 08
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16. BREACH. If either party breaches any provision of tbis Ag.:eement, the
other party shall bave the right, at bis or her ejection, to sue for damages for such breach,
to terminate any fwther payments required to the other hereunder or seek such olller
remedies Or relief as tlIlly be available to him or her, and till: party breaching this contract
shall be responsible fur payment of legal fees and costs incurred by the oth.er in enforcing
their nihts under this Agreement, or in seeking such other remedies or relief M may be
available to him or her.
17. DISCLOSURE OF FINANCES. Each party hereto confinns that he or
she has relied on the completeness and substantial acturac:y of financial disclosures of the
other as an inducement to enter into this Agreement. The parties acknowledge t.~t there
has been no formal discoveIY condueted in their pending divorce action and that neither
has filed and Inventory and Appraism.ent as required by Section 3505(b) of the
Pennsylvania Divorce Code. The rights of either party to pursue a claim. for equitable
distribution of any interest owned by the other party in an asset prior to ihe date of
execution hereof which interest was not disclosed or known by the other party or his or
her counsel prior to the execution of this Agreement is expressly reserved.
1. 8. APPLICABLE LAW. This Agreement shall be construed under the laws
of the Commonwealth of Pennsylvania.
19. VOID CLAUSES. If any term, condition, clause or provision of this
Agreement sball be determined or declared to be void or inval.id in law or otherwise:, then
only that term, eonditiou, clause or provision shall be stricken from tllis Agreement, and,
in all other respects. this Agreement shall be valid and continue in full fozec, effect and
operation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year fll'st above written,
WIFE:
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KRIST! L, NUTAlTIS
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KRISTI L. NUT AITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-6578
THEODORE J. NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
'" ,?RDER
AND NOW, this 1zj) day of + t ( , 2003, the parties having come
to a Marriage Settlement Agreement dated February 8, 2003, and there being no further need for
a Master, the appointment of a Master in the instant case is REVOKED.
BY THE COURT:
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-6578
THEODORE J. NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO VACATE APPOINTMENT OF MASTER
AND NOW, comes Plaintiff, Kristi 1. Nutaitis, by and through her attorney, Bruce D. Foreman,
Esquire and Foreman & Foreman, PC and files the instant Petition to Vacate Appointment of a
Master, and in support thereof, avers as follows:
I. A request was made to appoint a Master in the above-captioned matter.
2. Robert Elicker, Esquire, was appointed Master in the above-captioned matter.
3. The parties have come to a written agreement determining equitable distribution and all
other matters between the parties. .
4. Accordingly, there is no need for a Master.
5. Accordingly, it is requested that the appointment of a Master be vacated.
WHEREFORE, it is respectfully requested that this Honorable Court revoke the appointment of
a Master in the above-captioned matter.
Respectfully submitted,
FOREMAN & FOREMAN, P.C.
By:
B , '~ ' Esquire
Atty ill No. 193
4409 North Front Street
Harrisburg, PA 17110
717-236-9391
Attorneys for Plaintiff
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-6578
THEODORE J. NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN 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. Ground for Divorce: irretrievable breakdown under Section ~ 3301(c) or
_ 3301(d)(l) of the Divorce Code.
2. Date and manner of service of the Complaint: Certified mail, return receipt requested with a date
of delivery of October 23, 2000 and a certificate of service filed with the court on October 31,2000.
3. Complete either Paragraph A. or B.
A.I Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code: by Plaintiff: April 8, 2003
by Defendant: April 5, 2003
A.2 Date of filing of Plaintiffs and Defendant's Waiver of Notice of Intent:
by Plaintiff: April I 0, 2003
by Defendant: April I 0, 2003
B.I Date of execution of the Plaintiffs Affidavit required under Section 330 I (d) of
the Divorce Code:
B.2 Date of service of Plaintiffs Affidavit upon Defendant:
Date of service of Notice to Intention to Enter:
Dated: April I 0, 2003
By:
Bruce Foreman, squ e
Attorney ill 21193
4409 North Front Street
Harrisburg, P A 17110-1709
(717)236-9391
Attorney for Plaintiff
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KRISTIL. NUTAITIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, J,QaJ-VS18 t;~'d
"
THEODOItE J, NUTAITIS, JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must make 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, Domestic Relations Section, Dauphin County Courthouse, 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 LOST THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOU 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, P A 17013
(717) 249-3166
ffi~
By
Bruce D. Foreman, qUIre
4409 North Front Street
Harrisburg, P A 17110'
(717) 236-9391
Pa. Supreme Court ID #21193
Attorneys for Plaintiff
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KRISTI L. NUT AITIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
THEODORE J, NUTAITIS, JR"
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICIA
Le han demandado a Usted en la corte. Si Usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, U sted tiene viente (20) dias de plazo a! partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archivar en la corte en fonna escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona!. Sea avisado que si Usted no se defiende, la corte tomara medidas y puede
entrar una orden contra U sted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para Usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VA Y A EN PERSONA 0 l,LAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE
ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SEPUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NICHOLAS & FO
By
Bru e ore an, uire
3207 North Front Street
Harrisburg, PA 17110
(717) 236-9391
Pa. Supreme Court ID #21193
Attorneys for Plaintiff
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KRISTI 1. NUTAITIS,
Plaintiff,
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
; No. fHP- /"$'11' ~ u........
THEODORE 1. NUTAITIS, JR.
Defendant.
: CIVIL ACTION - LAW
: DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the above-named Plaintiff, KRISTI 1. NUTAITIS, by her
attorney, Bruce D. Foreman, Esquire, Nicholas & Foreman, and seeks to obtain a Decree
in Divorce from the above-named Defendant, THEODORE J. NUTAITIS, JR., upon the
grounds hereinafter set forth:
1. Plaintiff is KRISTI 1.NUTAITIS, an adult individual, sui juris, presently
residing at 710 Second Street, New Cumberland, Cumberland Count, Pennsylvania
17070.
2. Plaintiffs Social Security Number is 172-58-3514.
3. Defendant is THEODORE J. NUTAITIS, JR., an adult individual, sui
juris, presently residing at 710 Second Street, New Cumberland, Cumberland Count,
Pennsylvania 17070.
4. Defendant's Social Security Number is 195-46-2563.
5. 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.
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6. The Plaintiff and Defendant were married on November 14, 1992, in
Cumberland County, Pennsylvania.
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7. One child has been born of this marriage: Sara Nutaitis, born February 14,
1993, now seven (7) years of age.
8. There have been no prior actions of divorce or for annulment between the
parties.
9. Plaintiff and Defendant are both citizens of the United States of America.
10. Neither of the parties in this action is presently a member of the armed
services of the United States.
11. The plaintiff has been advised of the availability of counseling and she
understands that he may request that the Court require the parties to participate in
counseling, but avers thflt she does not require marriage counseling.
12. The Plaintiff avers that the grounds on which the action is based are:
(a) That the marriage is irretrievably broken;
(b) That Plaintiff and Defendant have been separated in excess
of two (2) years.
13. Plaintiff requests the Court to enter a Decree in Divorce.
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WHEREFORE, Plaintiff prays your Honorable Court to enter an Order dissolving
the marriage between the parties.
Respectfully submitted,
NICHOLAS & FO
By:
BRU D. FO , ESQUIRE
4409 North Front Street
Harrisburg, P A 17110
(717) 236-9391
Attorneys for Plaintiff
J.D. 21193
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KRlSTI L, NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO,
THEODORE J. NUTAITIS, JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
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KRlSTI L. NUT AITIS
Dated:
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. Complete items 1, '2, and 3. Also complete,"
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the"card to you.
. Attach this card to the back ot the mail piece,
or on the front if space permits.
1. Article Addressed to:
110
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2. Article Number (Copy from service label)
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PS Form i ; , huly HI99
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3. Service Type
E Certified Mail 0 Express Mail
o Registered J8' Return Receipt for Merchandise
o Insur~.d Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
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KRISTI 1. NUTAITIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No.2000-6578
THEODORE J. NUTAITIS, JR.
Defendant.
: CIVIL ACTION - LAW
: DIVORCE
CERTIFICATE OF SERVICE
I, Bruce D. Foreman, Esquire, do hereby certify that on this, the 23rd day of
October, 2000, I served a true and correct copy of Complaint in Divorce, upon Defendant
by sending the same by certified mail, return receipt requested, addressed as follows:
Theodore J, Nutaitis, Jr.
710 Second Street
New Cumberland, PA 17070
NICHOLAS & FOREMAN, P,C,
By:
Bruce D. Foreman, Es uire
Atty. ID #21193
4409 North Front Street
Harrisburg,PA 17110-1709
(717) 236-9391
Attorneys for Plaintiff
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KRISTI L. NUT AITlS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000-6578
THEODORE J. NUTAITlS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDA VlT OF CONSENT
L A Complaint in Divorce under 9330I(c) of the Divorce Code was filed on
September 28, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
attorney's fees or expenses if! do not claim them before a divorce is granted.
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. 94904 relating to unsworn
falsification to authorities.
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 2000-6578
THEODORE J. NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 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 ifl do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Decree in Divorce 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. 94904 relating to unsworn
falsification to authorities.
Date: ~( Il/ 2tJ!J5
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KRlSTI L. NUT AITIS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 2000-6578
THEODORE J. NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on
September 28, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the decree,
4. I understand that I may lose rights concerning alimony, division of property,
attorney's fees or expenses if! do not claim them before a divorce is granted.
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. S4904 relating to unsworn
falsification to authorities.
Date:
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KRlSTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO, 2000-6578
THEODORE J. NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 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 in do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Decree in Divorce 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. 1 understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
Date: r~()l
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
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: NO.
THEODORE J. NUTAITIS, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF COUNSELING
I. I have been advised of the availability of marriage 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
Prothonotary's 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 1!he Court.
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
. NO. 2000-6578
THEODOREJ. NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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AND NOW, this '1z() day Of.4r t ( . ,2003, the parties having come
to a Marriage Settlement Agreement dated February 8, 2003, and there being no further need for
a Master, the appointment of a Master in the instant case is REVOKED.
BY THE COURT:
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KRISTI L. NUTAITIS
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VB.
CIVIL ACTION - LAW
: 00 - 6578
NO. CIVIL
19
THEODORE 1. NUTAITIS
DATE:
IN DIVORCE
Defendant
STATUS SHEET
ACTIVITIES:
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 6578 CIVIL
THEODORE J. NUTAITIS,
Defendant
IN DIVORCE
TO: Bruce D. Foreman
, Attorney for Plaintiff
Richard C. Rupp , Attorney for Defendant
DATE: Wednesday, July 10, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(al Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
December 17, 2002
Bruce D. Foreman, Esquire
NICHOLAS & FOREMAN, P.C.
4409 North Front Street
Harrisburg, PA 17110
Richard C. Rupp, Esquire
355 North 21st Street
Camp Hill, PA 17011
RE: Kristi L. Nutaitis vs. Theodore J. Nutaitis
No. 00 - 6578 Civil
In Divorce
Dear Mr. Foreman and Mr. Rupp:
We received a certification document from Mr. Foreman dated July
17,2002, in which he indicated that he had not yet received an inventory
and appraisement or income statement from the Defendant.
Furthermore, we have not received any response to our request for
certification regarding discovery from Mr. Rupp.
I am going to proceed on the basis that Mr. Rupp has completed
his discovery and that Mr. Foreman can supplement his discovery
requests upon the filing of the pretrial statement by the Defendant.
A divorce complaint wasf1led on September 28,2000, raising
grounds for divorce of irretrievable breakdown of the marriage. No
economic claims were raised in the complaint. An amended complaint in
divorce was f1led by the Plaintiff on December 1, 2000, raising a claim of
alimony pendente lite which is not a matter that is heard by the Divorce
Master.
On January 28, 2002, the Plaintiff filed an amended complaint
raising the economic issues of equitable distribution and alimony.
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Mr. Foreman and Mr. Rupp, Attorneys at Law
17 December 2002
Page 2
I assume that grounds for divorce are not an issue and that the
parties have been separated for a period in excess of two years.
Therefore, we are left with the two economic claims to resolve.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel
to file a pretrial statement on or before Monday, January 13, 2003.
Upon receipt of the pretrial statements, I will immediately schedule a
pre-hearing conference with counsel to discuss the issues and, if
necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE:
Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 6578 CIVIL
THEODORE J. NUTAITIS,
Defendant
IN DIVORCE
TO: Bruce D. Foreman
Attorney for Plaintiff
Ri-ehard C. Ruj,Jj,J , Attorney tor lJefendant
DATE: Wednesday, July 10, 2002
CERTIFICATION
I
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Defendant has not filed Inventory & Appraisement nor Income
statement. It is believed that these statements will satisfy
all needs for disocvery but leave is requested to file
Interrogatories or other discovery after review of Income &
Expense Statement and Inventory & Appraisement.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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DATE
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COUNSEL 'Fd'R LAINTIFF ~)
COUNSEL FOR DEFENDANT { )
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
,
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
,COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD, BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 6578 CIVIL
THEODORE J. NUTAITIS,
Defendant
IN DIVORCE
TO: Bruce D. Foreman
, Attorney for Plaintiff
Ri--eharo C. Ru],'],' Aeeorney tor lJe:f:elldant
DATE: Wednesday, July 10, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Defendant has not filed Inventory & Appraisement nor Income
Statement. It is believed that these statements will satisfy
all needs for disocvery but leave is requested to file
Interrogatories or other discovery after review of Income &
Expense Statement and Inventory & Appraisement.
.
-'
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
7- I t- O'L
DATE
/fi:l1~-
COUNSEL )-c(R LAINTIFF ~)
COUNSEL FOR DEFENDANT ~ )
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2000-6578
THEODORE J. NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
To: Cumberland County Prothonotary
Please add the additional count to the Divorce Complaint of Kristi L Nutaitis to the
above-captioned term and number set forth in the Amendment To Complaint attached hereto.
Respectfully submitted,
NICHOLAS & FOREMAN, P
19
BY:
Bruce D. Foreman, sqUIre
Atty ID No. 21193
4409 North Front Street
Harrisburg, P A 17110
717-236-9391
Attorneys for Plaintiff
Dated: (p ~ ~Z' - 0 L
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KRISTI L.NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2000-6578
THEODORE J, NUTAITIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AMENDMENT TO COMPLAINT IN DIVORCE
AND NOW, comes through the above-named Plaintiff, Kristi L. Nutaitis, by her attorney
Bruce D. Foreman, Esquire and Nicholas & Foreman, P.C. and adds a count to the above-
captioned, and seeks action in Divorce as follows:
1. Plaintiff is KRISTI L. NUT AITIS, and adult individual, sui juris, presently
residing at 223 Eighth Street, New Cumberland, Cumberland County, Pennsylvania, 17070.
2. Plaintiffs Social Security Number is 172-58-3514.
3. Defendant is THEODORE 1. NUTAITIS, JR., and adult individual, sui juris,
presently residing at Eagle Rock, Laporte A venue, Eagles Mere, P A 17731.
4. Defendant's Social Security Number is 195-46-2563.
5. Plaintiff and Defendant have been bona fide residents of the Conunonwealth of
Pennsylvania for at least six (6) months inunediately previous to the filing of this Complaint.
6. The Plaintiff and Defendant were married on November 14, 1992, in Cumberland
County, Pennsylvania.
7. One child has been born of this marriage: Sara Nutaitis, born February 14, 1993,
now nine (9) years of age.
"",,''''~--- .~..~~ ~
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FIRST ADDED COUNT TO DIVORCE COMPLAINT
8. The parties have lived separate and apart for a period of at least two (2) years and
their marriage is irretrievably broken.
WHEREFORE, Plaintiff prays this Honorable Court award a Decree in Divorce.
SECOND ADDED COUNT TO DIVORCE COMPLAINT
9. During the course of their marriage, the parties have acquired various marital
property, including the increasing value of property owned by the parties prior to marriage.
1 O. Defendant owns substantial non-marital property.
11. From the date of separation, through the date of this filing, Defendant has had
control and possession or has rented for profit the marital home thereby accruing to himself
substantial rental income or benefit.
12. Plaintiff believes and therefore avers that Defendant has a higher earning capacity
and non-marital sources of income.
13. Because of Defendant's higher earning capacity and sources of non-marital
income, Plaintiff believes and therefore avers that Defendant has the opportunity for future
acquisition of capital assets and income beyond that of Plaintiff.
14. Plaintiff has served and expects to serve as the custodian of the dependent minor
child of the parties.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order to
equitably divide, distribute or assign, in kind or otherwise, the marital property between the
parties.
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THIRD ADDED COUNT TO DIVORCE COMPLAINT
15. Defendant's relative earnings and earning capacities are in excess of those of
Plaintiff.
16. Defendant has sources of income including retirement or military benefits,
whereas, Plaintiff has none.
17. The marriage between the parties has lasted for over nine (9) years.
18. Plaintiff serves and expects to continue to serve as custodian of the minor,
dependant child of the parties.
19. The non-marital assets of Defendant exceed the non-marital assets of the Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order
awarding alimony and in determining the duration of the same.
Respectfully submitted,
NICHOLAS & FOREMAN, P.C.
B~t1~
Atty ID No. 21193
4409 North Front Street
Harrisburg, PA 17110
717-236-9391
Attorneys for Plaintiff
BY:
Dated: ~ - l,~ ~ 6 L..-
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VERIFICATION
I verify that the statements made in foregoing Amendment to Complaint in Divorce are
true and correct to the best of my knowledge. 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.
Dated: tsr), '(-O.J-
J-{u s, L. J tV Gl-fctlt~
Kristi 1. Nutaitis
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STEVE C. NICHOLAS
BRUCE D. FOREMAN
JEFF FOREMAN
DUANE S. BARRICK
JAMES L. WALSH
E. Robert Elicker, II
Divorce Master
8 North Hanover Street
Carlisle, P A 17013
"
LAW OFFICES
NICHOLAS & FOREMAN, P,C.
4409 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17110-1709
July 17, 2002
In Re: Nutaitis v. Nutaitis Divorce
No.: 00-6578
Dear Master Elicker:
Enclosed please find a copy of the Certification that is being filed with regard to the
above~captioned matter.
BDF:mmr
Enclosure
Dictated but not read
Very truly yours,
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Bruce D. Foreman
":1/
TELEPHONE
(717) 236-9391
FAX
(717) 236.6602
"
KRISTI 1. NUTAITIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
"
v.
: No. 2000-6578
THEODORE J. NUTAITIS, JR.
Defendant.
: CIVIL ACTION - LAW
: DIVORCE
PRAECIPE
To: Cumberland County Prothonotary
"
Please add the additional count to the Divorce Complaint of Kristi 1. Nutaitis to
the above captioned term and number set forth in the Amendment To Complaint attached
hereto.
Respectfully submitted,
Dated: \I - 30 ~o ()
By:
BRU D. F
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
Attorneys for Plaintiff
J.D. 21193
.~~
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-' ---"'-
KRISTI L. NUTAITIS,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 2000-6578
THEODORE J. NUTAlTIS, JR.
Defendant.
CIVIL ACTION - LAW
DIVORCE
AMENDMENT TO COMPLAINT IN DIVORCE
AND NOW, comes the above-named Plaintiff, KRISTI L. NUTAITIS, by her
attorney, Bruce D. Foreman, Esquire, Nicholas & Foreman, and adds a count to the above
captioned, and seeks action in Divorce as follows:
1. Plaintiff is KRISTI L.NUTAITIS, an adult individual, sui juris, presently
residing at 223 Eighth Street, New Cumberland, Cumberland Count,
Pennsylvania 17070.
2. Plaintiffs Social Security Number is 172-58-3514.
3. Defendant is THEODORE J. NUTAITIS, JR., an adult individual, sui juris,
I,'.
presently residing at 710 Second Street, New Cumberland, Cumberland
Count, Pennsylvania 17070.
4. Defendant's Social Security Number is 195-46-2563.
5. 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.
6. The Plaintiff and Defendant were married on November 14, 1992, in
.
Cumberland County, Pennsylvania.
7. One child has been born of this marriage: Sara Nutaitis, born February 14,
1993, now seven (7) years of age.
ADDED COUNT TO DIVORCE COMPLAINT
8. Plaintiff seeks alimony pendite lite in order to obtain funds sufficient to
fully participate in a contested divorce, and in proceedings.
WHEREFORE, Plaintiff prays your Honorable Court award Alimony Pendite Lite
to Plaintiff.
Respectfully submitted,
By:
BR CE . F M , ESQUIRE
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
Attorneys for Plaintiff
LD.21193
~.
KRISTI L. NUTAITIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 2000-6578
THEODORE J. NUTAITIS, JR.
Defendant.
: CIVIL ACTION - LAW
: DIVORCE
VERIFICATION
I verify that the statements made in this Pleading are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. c.s.
94904 relating to unsworn falsification to authorities.
&ASl, JJ~~
!tisti L. Nutaitis
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IN THE COURT OF COMMON PLEAS OF
C1JMBERLAND COUNTY, PENNSYLVANIA
T{'RTc::rpT T
T\lTTrf17\ ITI~
Plaintiff
Vi!;.
THEODORE J. NUTAITIS
NO, I;i!;iZ8
JID\l 2000
T{RT~rpT T. NITTa T-rpTC::
a master with respect to the
~x) Divorce
( ) Annulment
QcX) Alimony
( ) Alimony Pendente
MOTION FOR APPOINTl1ENT OF MASTER
(Plaintiff) (Rlt~Rli:)'
following claims:
moves the court to appoint
Lite
'Rx)
( )
( )
( )
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested,
(2) The defendant (has) (lt~JPlll1!X appeared in
(by his attorney, Richard Rupp, Esauire
(3) The staturory ground(s) for divorce ~
Marriage irretrievably broken, seoaration for /. yp~r~
(4) Delete the inapplicable paragraph(s):
JtJ!xx~x~x~lOOf~li:~x
(b) An agreement has been reached with respect to the
following claims: NONE
(c)
claims: Divorce D'
(5)
the action in~HY)
,Esquire),
(are) the
The action is contested with respect to the following
(does not involve) complex issues of law
or fact,
(6) The hearing is expected to take
(7) Additional information, if any.
(days).
ion:
Date: 7- J - WOt..-
At orney for (Plaintiff)
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ORDER APPOINTING MASTER r ~
AND NOW >>~-j ,~ L~adt.k..J !Y
is appointed ma ter . th respect to the following claims: /
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOMESTIC RELATIONS SECTION
CIVIL ACTION - SUPPORT
THEODORE J. NUTAITIS, JR., NO. 592 SUPPORT 2000
Defendant DR 29,837
******************************************************************
KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN DIVORCE
V.
THEODORE J. NUTAITIS, JR.,
Defendant
NO. 2000-6578
ORDER OF COURT
AND NOW, this 6th day of July, 2001, upon
consideration of Plaintiff's complaint for spousal support and
Defendant's appeal from the recommended order of spousal support
herein, and following a hearing held on this date, the record is
declared closed and the matter is taken under advisement.
Pursuant to a request of Defendant's counsel, the
stenographer is requested to transcribe and file the notes of
testimony in this proceeding. Pursuant to an agreement of
counsel, briefs shall be submitted to the Court by counsel on the
issues which they perceive to exist in the case within 30 days of
the filing of the transcript.
the Court,
Bruce D. Foreman, Esquire
4409 North Front Street
Harrisburg, PA 17110-1709
For Plaintiff
~
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Richard C. Rupp, Esquire
355 North 21st Street
Camp Hill, PA 17011
For Defendant
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOMESTIC RELATIONS SECTION
CIVIL ACTION - SUPPORT
THEODORE J. NUTAITIS, JR.,
Defendant
******************************
NO. 592 SUPPORT 2000
DR 29,837
*** ********************
KRISTI L. NUTAITIS,
Plaintiff
N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN DIVORCE
V.
THEODORE J. NUTAITIS, JR.,
Defendant
NO. 2000-6578
ORDER
AND NOW, this 6th day of July, 2001, upon
consideration of Plaintiff's complaint for spousal support and
Defendant's appeal from the recommended order of spousal support
herein, and following a hearing held on this date, the record is
declared closed and ehe matter is taken under advisement.
Pursuant to a request of Defendant's counsel, the
stenographer is. requested to transcribe and file the notes of
testimony in this proceeding. Pursuant to an agreement of
counsel, briefs shall be submitted to the Court by counsel on the
issues which they perceive to exist in the case within 30 days of
the filing of the transcript.
By the Court,
",
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J Wesley Ole ,
Bruce D. Foreman, Esquire
4409 North Front Street
Harrisburg, PA 17110-1709
For Plaintiff
Richard C. Rupp, Esquire
355 North 21st Street
Camp Hill, PA 17011
For Defendant
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KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOMESTIC RELATIONS SECTION
CIVIL ACTION - SUPPORT
592 SUPPORT 2000
THEODORE J. NUTAITIS, JR.,
Defendant
DR 29,837
********
KRISTI L. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN DIVORCE
V.
THEODORE J. NUTAITIS, JR., ~ ~
Defendant ~ NO. 2000-6578
v
TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE J. WESLEY
OLER, JR., J., Cumberland County Courthouse,
Carlisle, Pennsylvania, on July 6, 2001,
Courtroom Number 1.
APPEARANCES:
BRUCE D. FOREMAN, ESQUIRE
For the Plaintiff
RICHARD C. RUPP, ESQUIRE
For the Defendant
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INDEX TO WITNESSES
FOR PLAINTIFF DIRECT CROSS REDIRECT
Kristi L. Nutaitis 7 25 34
FOR DEFENDANT DIRECT CROSS REDIRECT
Theodore J. Nutaitis, Jr. 41 54 61
FOR PLAINTIFF IN REBUTTAL DIRECT CROSS
Kristi L. Nutaitis 63 64
INDEX TO EXHIBITS
FOR THE DEFENDANT MARKED ADMITTED
1 - Listing of bills 30 66
2 - Second Mortgage 31 66
3 - Income and expenses 50 66
4 - DRO letter 51 - -
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i THE COURT: This is the time and place for a
2 hearing with regard to spousal support and alimony pendente
3 lite claimed by the Plaintiff, Kristi L. Nutaitis, against the
4 Defendant, Theodore J. Nutaitis, Jr. The support case is
5 docketed at No. 592 Support 2000, and the alimony pendente
6 lite case is docketed at No. 2000-6578 Civil Term. These
7 matters are related in that the same Plaintiff is involved and
8 the same Defendant is involved, although, different defenses
9 and elements apply to the actions.
10 We will let the record indicate that the Plaintiff
11 is present in court, represented by her counsel, Bruce D.
12 Foreman, Esquire; and the Defendant is present in court
13 represented by his counsel, Richard C. Rupp, Esquire.
14 An appeal from the recommended support order has
15 been filed in this case I believe by the Defendant, is that
16 correct?
17
18
MR. RUPP: Yes, Your Honor.
THE COURT: Mr. Foreman, do you want to present
19 your case first?
20
MR. FOREMAN: Yes, Your Honor. If the Court
21 please, prior to presenting the case, I believe the parties
22 can stipulate to a number of the factual background matters.
23 As the Court noted, this is a case that involved
24 spousal and child support. The child support was issued by
25 order December 8, 2000, and has not been appealed, and the
3
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1 question of spousal or alimony pendente lite is before the
2 Court on the petition of Kristi L. Nutaitis, the Plaintiff.
3 The date of filing of the original spousal support
4 request was October 16, 2000. The request for alimony
5 pendente lite was filed December 1, 2000. The order of court
6 was December 8, 2000.
7 The Plaintiff, Kristi Nutaitis, was born February
8 21, 1961. The Defendant, Theodore Nutaitis, was born February
9 21, 1956.
10 The date of the marriage was November 14, 1992.
11 Mrs. Nutaitis physically moved out of the marital home on
12 October 20, 2000. The divorce was filed and is pending but no
13 divorce has been granted. There is one minor child, Sara E.
14 Nutaitis, born February 14, 1993, who resides with her mother,
15 the Plaintiff, Kristi Nutaitis.
16 The Plaintiff is an office manager; the Defendant
17 is a business manager, full-time employee of the Bureau of
18 Motor Vehicles, Commonwealth of Pennsylvania.
19
20
21
22
23
THE COURT:
MR. FOREMAN:
THE COURT:
The Plaintiff is employed by?
A.T. Security, as an office manager.
Are there any stipulations as to the
Plaintiff's income?
MR. FOREMAN:
I believe that the income figures
24 have not been disputed; and as they were found in the report
25 of the Domestic Relations' recommendation, the net monthly
4
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i income of the Plaintiff was determined to be $1,645.78; and
2 the net monthly income of the Defendant was found to be
3 $2,720.48. I believe that the Defendant does have a question
4 about a portion of that, which they will bring up in their
5 case, maybe military disability.
6 MR. RUPP: What Mr. Foreman is saying is that 2720
7 includes the federal military disability retirement income
8 that Mr. Nutaitis is receiving.
9 THE COURT: Mr. Rupp, are you able to stipulate to
10 all of those facts?
11 MR. RUPP: Yes, Your Honor, I believe those are
12 correct.
13 The times of filing by Mrs. Nutaitis I am not
14 certain of. I know there was one time in July that Mrs.
15 Nutaitis filed for support, that was ultimately dismissed. I
16 don't know when she filed before, but I think that sounds
17 about correct.
18 THE COURT: I can't make findings based on
19 something that is not certain.
20 Ms. Kreitzer, perhaps you can go over the file
21 with counsel and see if we can stipulate to certain times of
22 filing.
23 (Recess.)
24
MR. FOREMAN: Mrs. Kreitzer has indicated that
25
October 16 the date I indicated, is the correct date.
f . . .
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1 THE COURT: How about December 1, 2000, for the
2 filing of the account relating to alimony pendente lite?
3 MR. RUPP: We will agree that a praecipe was filed
4 with the prothonotary to add to the APL account, but that is
5 as far as that went.
6 THE COURT: Your stipulations, including addresses
7 and so forth for the parties
8 MR. FOREMAN: Mrs. Nutaitis' is address is 223
9 Eighth Street, Apartment 1, New Cumberland, Pennsylvania,
10 17070.
11
THE COURT: Is that in Cumberland County?
12 MR. FOREMAN: Yes, Your Honor, that is Cumberland
13 County. Mr. Nutaitis' address is 710 Second Street, New
14 Cumberland, Pennsylvania, 17070, which is also in Cumberland
15 County.
16
THE COURT: Mr. Rupp, are you able to stipulate to
17 those two facts?
MR. RUPP: Yes, Your Honor.
THE COURT: Mr. Foreman.
MR. FOREMAN: We would call Mrs. Nutaitis to the
18
19
20
21 stand.
22
23
24
25
6
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2
3
4
5
6
7
8
9
10
KRISTI L. NUTAITIS
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. FOREMAN:
Q Would you please state your full name?
A Kristi Lynn Nutaitis.
Q Mrs. Nutaitis, are you the Plaintiff who brought
the action which is now before the Court?
A Yes.
11 Q
12 Nutaitis?
Are you also the wife of the Defendant, Theodore
13 A
14 Q
Yes.
Are you now living with Mr. Nutaitis?
No, I am not.
15
16
17
18
19
20
21
22
23
24
25
A
Q When did you physically move out from the house
which Mr. Nutaitis lives?
in
A
October 20, 2000.
Q Prior to that time, could you describe for the
Court what it was like living in the house with Mr. Nutaitis?
A I would say almost the entire time we were married
there was alcohol abuse by him over the years. I asked him to
stop, which he never did. I would continually find bottles,
empty bottles, full bottles, that I would then begin to mark
as to how much he w~s drinking. This was a continual thing.
7
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1 Q When you say alcohol abuse, did you determine how
2 much Mr. Nutaitis was drinking?
3 A The bottles that I would find that were hidden, it
4 would be usually it was a pint that I would find - - I did
5
6
7
8
9
10
11
12
13
14
15
find fifths on occasion -- I would mark the bottles and I
would go back a day or two later and check and either the
bottles had been removed -- at that point I assumed they were
maybe empty and he was throwing it away -- or I could tell
that he was drinking on a nightly basis when I was marking the
bottles.
Q How much did you determine he was drinking?
A Probably a pint of whiskey everyone to two days.
Q Did you drink with Mr. Nutaitis?
A No, I did not.
Q
Did you talk to Mr. Nutaitis about how it made you
16 feel, the amount of drinking he was doing?
17 A Constant. It was a constant battle in the house. I
18 would ask him many, many times to stop drinking. I asked him
19 to get help for it. This was ongoing and to the point where
20 we would get in arguments and it would affect our daughter.
21 She would see the arguments, hear the arguments and he would
22 be intoxicated in front of her, he would be -- on one occasion
23 he did take her and he was very intoxicated and he had turned
24 her -- picked her upside down and held her over the toilet and
25 that was during the day. But, yes, I continually asked him to
8
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1" stop drinking.
2 Q How did he respond when you asked him to stop or
3 curb his drinking?
4 A One time he told me he would never stop drinking,
5 he said he would not drink in the house, but he would never
6 stop drinking.
7 Q After he told you he would not drink in the house,
8 did he continue to drink in the house?
9 A Yes, he did. I would find bottles after he said
10 that. And my daughter found a bottle, an empty bottle on
11 occasion underneath the sofa.
12 Q Your daughter found an empty bottle?
13 A Yes, she did.
14 Q How old is your daughter now?
15 A She is eight.
16 Q How would Mr. Nutaitis act, how would it affect
17 his action when he would be what you considered drinking to
18 excess?
19 A He became verbally abusive. He would accuse me on
20 many occasions of being unfaithful. I was constantly being
21 accused of having an affair with anybody. It could be
22 somebody I talked to or a person at work or our child's
23 dentist. This was a constant with him. I was always being
24 accused of doing something I wasn't doing.
25 Q Did you eYer do anything, did you ever commit
9
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1 adultery during the marriage?
2 A No, I did not.
3 Q Did you ever have any romantic relationship with
4 anybody during the course of your marriage other than your
5 husband?
6 A Absolutely not, no.
7 Q How frequent were these allegations from your
8 husband to you of infidelity?
9 A It was fairly frequent. I would say the last 2
10 years that we were together it was frequent.
11 Last July 4th, he at that point accused me again
12 of having an affair because I had taken our daughter down to a
13 friend's house and I was late coming back. I was to stop at
14 the grocery store for something for him and he accused me
15 again and told me at that time that he had enough, that he was
16 going to leave and that he would be out by Christmas.
17 Q How frequently did Mr. Nutaitis bring up this
18 question of infidelity? Did he do it on a weekly basis,
19 monthly basis, how often?
20 A Probably a monthly basis. You know, it just was a
21 constant if he just assumed or kind of -- the one incident
22 where I had just started my job and I was talking about the
23 job, he actually brought a piece of paper to me and threw it
24 in my face with tally marks and told me that is how many times
25 r mentioned my bos~' n~me in one week and accused me of
10
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1 sleeping with him. This was constant for me and I was
2 continually being accused of doing something that I was not
3 doing.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
How did it make you feel when he accused you of
Q
infidelity?
A Worthless, I would -- he constantly made me feel
that I was not enough for him. He told me that I was a
terrible wife because I would not basically be intimate with
him. So it just -- I just felt like I was this terrible wife
for him.
Q What kind of discussions did you have about these
allegations of infidelity?
A They usually were fairly heated. I just was tired
of always hearing it because I wasn't doing anything. I spent
my time with our daughter and I was always with her. If I was
not in the house, she and I were somewhere; and I was never
anywhere without her for the most part, unless it was work.
Q You said that in July of last year that Mr.
Nutaitis indicated to you that he was leaving?
A That is correct.
Q What did he say?
A He said that he had enough and that he was going
to start saving money and he was leaving and he would be out
by Christmas.
Q That would be Christmas of 2000?
11
-
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i A Of 2000, right.
2 Q Did you believe Mr. Nutaitis that he was going to
3 leave?
4 A Yes, I did believe him. He even for several weeks
5 after that came and told me that he had been looking on the
6 Internet through different ways that I could possibly
7 refinance the house so I could stay in it or work something
8 out.
9 He even said on occasion that we should stay
10 married for a while afterwards so that I could continue to be
11 on health coverage, since I had an ongoing stomach problem.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
A
Q
A
What kind of stomach problem?
I have ulcerative colitis.
Do you attribute that to stress?
That is what my doctor said, yes, but I got that
before we were married, so.
Q Let me ask you, did you ever do anything that led
you to have confidence that Mr. Nutaitis was, in fact,
checking about ways to refinance and the financial details of
separating?
A I was on the computer that I took from the home
when I left, I found some information that he had downloaded
on the computer and it was done on July 5, it was the day
after he had told me he was leaving. It was into the VA loans
and something to the Veterans, looking to the Veterans, since
12
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i our home was purchased through a VA loan.
2 Q If Mr. Nutaitis had followed through on his
3 indication that he was going to leave, could you have stayed
4 in the house?
5 A
6 Q
7 left?
8
A
I could not have afforded the home, no.
You wouldn't have been able to stay there when he
No, I would not have been.
9 Q Did that affect your decision as to whether you
10 should leave?
11 A Oh, yes, definitely. I knew that I wouldn't be
12 able to afford the home and I wanted to make sure that I had
13 gone for -- I went to Domestic Relations to get an idea of how
14 much child support I would be able to get for our daughter so
15 I knew what kind of a place I would be able to afford for us.
16 Q Is that the support contact Mr. Rupp had mentioned
17 earlier?
18 A
19 Q
20 A
21 Q
Yes, it is.
In July of the year 2000?
Yes.
That is after the July 4th holiday you indicated
this threat was made by Mr. Nutaitis?
A That is correct.
22
23
24
25 pornography?
Q
Did you and Mr. Nutaitis have arguments about
13
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i
2
3
4
5
6
7
8
9
10
11
A We did. I found X-rated videos that were in the
residence. For about 6 months there were pornographic
material E-mailed to the house, it was coming to the home,
that over those 6 months I think they were coming on a monthly
basis and I asked him twice to have them stop coming, then
after the 6 months then they did stop coming.
Q What kind of discussions did you have with Mr.
Nutaitis about the pornography?
A I just wanted it to stop. I didn't want our
daughter to walk in on the movies that he was watching. And I
was even monitoring those to see how often she was watching
12 those; and in my eyes, if you are watching pornography alone,
13 there are I guess some things being done and I did on one
14 occasion walk in and see and he was masturbating in the living
15 room.
16 Q
17 A
18 did.
Did you talk about that with Mr. Nutaitis?
Not at that time; but awhile after that, yes, I
19
20
Q
A
How did that make you feel?
That made me feel terrible. That was probably the
21 worst thing I could have ever seen.
22 Q Did it concern you that this was being done in the
23 house with your daughter?
24 A Yes, it did.
25 Q Did Mr. Nutaitis raise the subject with you that
14
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1 he wanted to have romantic relationships with other women?
2 A Yes, he came home from work late one night and
3 informed me that he felt the next step in the marriage was to
4 start dating other people.
5 Q Did he indicate who should start dating other
6 people?
7
A
He indicated both of us should start dating other
8 p~ople and I couldn't believe he said that to me and I asked
9 him to look me in the eye and tell me that is what he wanted
10 and he looked me in the eye and said, Yes, I want to start
11 dating other people.
12 Q After that did you start dating other people?
13 A Absolutely not.
14 Q You did not?
15
16
17
18
19
20
A
Q
A
Q
No.
To this time have you dated anybody else?
No, I have not.
Did that request from Mr. Nutaitis that you start
dating other people result in an argument?
A I left it alone. I told him if that is what he
21 wanted to do, he needed to leave. He then informed that he
22 would leave as soon as he found a place. For the next four
23 nights after that I either slept with our daughter or slept on
24 the sofa, but that is where it ended basically.
25 THE COURT: I didn't hear the end of your
15
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
sentence, your voice just drifted off.
A I would say four nights after that I either slept
with my daughter or slept on the sofa; but that ended, that
basically was the end of that.
BY MR. FOREMAN:
Q Was Mr. Nutaitis often absent from the home in the
evenings or weekends?
A When he worked for the hotel, yes, he worked
almost every weekend, either Saturday or Sunday, he was gone
the entire day and he would work late nights. The last three
months that I was living there, he was out three or four
nights a week to 2:00 to 3:30 in the morning.
Q
A
Q
Do you know where he was?
No, I do not.
When he was out three or four nights a week, where
16 were you?
17
18
19
20
21
At home with our daughter.
A
Q It is traditional for married people to wear a
wedding ring. When you got married did you have wedding
:tings?
A
Yes.
22 Q Did there come a point in your marriage when Mr.
23 Nutaitis changed his habits with regard to wearing his wedding
24 :ting?
25
Yes, he removed his wedding ring and put it in his
A
16
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1 top drawer.
2 Q After that time did he regularly wear the wedding
3 ring or not?
4 A No.
5 Q Did you do anything with regard to your wedding
6 ring?
7 A I took mine off after I saw that he was not having
8 his -- was not wearing his, plus I had gained weight in
9 between there, so my rings were not fitting properly. But,
10 yes, I basically removed mine when he started taking his off.
11
12 his?
13 A Yes, during the day, yes.
14 Q Did you ever have any discussions about the
15 wedding rings?
Q
Did you wear yours faithfully until he removed
16 A A couple times I guess we talked about it. He
17 wanted to know why I wasn't wearing mine. I guess he thought
18 that I wasn't wearing mine because I, you know, must be having
19 an affair. And I asked him why he wasn't wearing his, and he
20 said he just felt he didn't need to wear his.
21 Q How did that make you feel when you noticed that
22 he was no longer regularly wearing his wedding ring?
23 A It didn't make me feel good. I just felt that in
24
25
his mind that he just wanted it to be over.
Q Did that affect your opinion as to whether you
17
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1" should stay or leave?
2
A
I tried to stay as long as I possibly could but
3 when he in July said that he was leaving and he would be out
4 by Christmas and then when he was staying out during those
5 nights, I just felt that he was going to do it and I would be
6 stuck in the house and I couldn't afford the house.
7
Did any of the arguments or episodes that you have
Q
8 indicated ever happen in front -- with the knowledge of your
9 family or friends?
10
One argument that I recall did happen in front of
A
11 our daughter, unfortunately. They did not happen in front of
12 friends or family.
13 After one argument our daughter witnessed, I had
14 gone to my parents and my dad came down and actually -- and
15 sat down and talked with my husband about it, about what was
16 going on, he was trying to help, being a mediator, basically,
17 trying to help us through everything.
18
How did it make you feel that your parents were
Q
19 aware of this?
20
That made me feel terrible because he was telling
A
21 my father things that I didn't ever went my father to know,
22 basically, that I was cold and that we only had sex once a
23 year if that and it just was things that I didn't feel a
24 father should know.
25
How did it make you feel when your daughter would
Q
18
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1" be present during these arguments?
2 A That didn't make me feel good at all. We tried, I
3 think we both tried to make sure that she was not around for
4 that because it just really affected her.
S Q Did the alcohol abuse or the arguments you had
6 about that, the allegation of infidelity, pornography, the
7 removal of the wedding ring, the request to date others, the
8 indication from Mr. Nutaitis that he was going to leave, did
9 they have any impact on you, on your physical health?
10 A That had a tremendous impact. I ended up being
11 diagnosed with migraine headaches during that time. I was
12 getting a headache probably on a daily basis, that I ended up
13 having to go get tests run and was under the care of a
14 neurologist for those and I had gained weight, a lot of weight
15 while we were together. I just was just very unhappy, pretty
16 depressed -- not depressed but very unhappy.
17 Q Did it affect your sleep?
18 A Off and on, but I was still able to sleep. It
19 just -- I was not a happy individual.
20 Q Did it affect your energy?
21 A I had no energy, all my energy was into my
22 daughter and that was it.
23 Q The decision to leave the home, what was it based
24 upon? Did it include all those factors I just mentioned?
25
A
It included all of those factors.
19
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1 Q Each of those problems, did you discuss them with
2 your husband?
3 A Yes, every problem that I mentioned that was going
4 on was discussed with him many, many times.
5
Q
How did he react when you discussed these problems
6 with him?
7 A He seemed at that moment a little open to the
8 change; but within I would say a couple weeks, it all got back
9 to the way it was and nothing got changed.
10 We did probably, I don't know what year, but we
11 did go to a marriage counselor. He only went once and
12 wouldn't go back, and I continued to go after that, but he
13 refused to go back.
14 Q In your opinion did Mr. Nutaitis make any
15 modifications or changes to his behavior in an attempt to
16 correct the problems of the marriage?
17
18
19 drink?
20 A
21 Q
22 A
23 Q
24 house?
25
A
Q
I don't believe so, no.
Up until the time you left, did he continue to
Yes.
And even escalate his drinking?
Yes.
Did he continue to hide alcohol all around the
A
Yes.
20
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Q
Did he continue to have pornography?
A
That I don't know, because I wasn't looking for
3 the tapes any longer.
4
s
6
7 by Christmas?
8
9
10
Q
Did he continue the accusations of infidelity?
A
Oh, yes.
Q
Did he continue in your mind to prepare to leave
A
In my mind, yes, yes.
Q
He told you he was going to leave by December?
A
He told me he was going to leave. Like I said, he
11 was doing -- he was looking up things on the Internet and
12 trying to find ways to look for a way that we could stay in
13 the house and afford the house, so, yes, he had in my mind
14 from what he was saying -- he had every intention to leave.
15
16
17
18
19 shelf.
20
21
22
23
24
Q
Did he continue not to wear the wedding ring?
A
Yes.
Q
But he had the wedding ring, didn't he?
A
Yes, it was in a little mug that was on top of the
Q
So he could have put the wedding ring back on?
A
Yes.
Q
And didn't?
A
He did not.
Q
Mrs. Nutaitis, are you in need of spousal support
25 or alimony pendente lite to allow you to continue to live and
21
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1 move forward with your legal case for divorce and equitable
2 distribution?
3
A
Yes.
4
MR. FOREMAN: No further questions.
5
THE COURT: Do you want to be more specific as to
6 why she needs --
7 BY MR. FOREMAN:
8
Q
Let me ask you what your specific financial needs
9 are for alimony.
10 Do you need the alimony in order to pay for legal
11 services?
12
A
Yes, I do.
13
Q
When I say alimony, I am talking about spousal
14 support or alimony pendente lite, do you need it for living
15 expenses?
16
A
Yes.
17
Q
What expenses?
18
A
I have rent, I have electric, I have phone, gas to
19 and from work. My car is a 1984 and I am at this point
20 looking into buying -- it is a '93 -- a used car, but it is a
21 little bit more reliable than the old car I have right now.
22 It is difficult, it really is difficult and I
23
Q
When you pay your normal living expenses, the cost
24 of housing, food, clothing and transportation and the normal
2S bills, based on your current income and the child support, do
22
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i you have any money left over to allow you to continue your
2 legal case?
3 A Not much money. I pay as much as I can per month
4 to your office but that is about all I have left over. I
5 have the child support and that helps with the food and
6 clothing for our daughter but she grows, she constantly needs
7 shoes and clothes and trying to buy books for her at school
8 and things like that.
9 MR. FOREMAN: That is all I have.
10 BY THE COURT:
Q Are you current with your legal bills?
A Yes, I am -- I haven't gotten a bill for the last
so I am assuming no.
11
12
13
14
15
ones,
Q
A
Have you at least paid your most recent bill?
Legal bill, yes, I have paid the most recent bill.
16 I made a payment against it, yes.
17 Q You say you made a payment against the bill. Are
18 you behind or current with your legal expenses?
19 A I have been sending them a hundred dollars a
20 month.
21
22
23
Q
A
Q
Do you know what your outstanding balance is?
No, I don 't.
Do you owe any money for expert legal fees in the
24 form of witness fees?
25
A
No.
23
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i Q
2 account?
3 A
4 Q
5 A
6 Q
7 A
8 Q
9 A
10 Q
11 A
12 Q
13 A
14 Q
15 A
16 Q
17 worth?
18 A
What assets do you have, do you have a bank
I have a checking account, yes.
How much is in that?
Right now there is $S80 I believe.
Do you have a savings account?
No.
Any stocks, bonds, things like that?
Not in my name, no.
You say you own a car?
A 1984 Buick, yes.
Is that paid for?
Yes.
Are you behind on any bills?
No.
What would you estimate the marital assets are
Marital assets would be the home and I estimate
that to be worth I will say around 115 to $120,000.
Q Is that free and clear or is that a mortgage?
A There is actually two mortgages on that.
19
20
21
22
Q
What would you estimate the equity in the home to
23 be worth?
24 A Basically, there is no equity in the home. We have
25 a home equity loan on the house.
24
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1 Q Any other marital assets?
2 A No.
3 THE COURT: Mr. Rupp.
4
5 CROSS-EXAMINATION
6
7 BY MR. RUPP,
8
Mrs. Nutaitis, you said there was alcohol abuse
Q
9 during the marriage, is that during the whole marriage?
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2S
During the whole marriage, yes, sir.
Did Mr. Nutaitis drink before you married him?
Yes, he was.
Did he stop at any time?
Maybe in between going to different alcohols --
But he did stop?
Maybe for about a month, no longer.
Did you observe him drinking in the home?
A
Q
A
Q
A
Q
A
Q
A Yes, I did.
Q You testified that he drank about a pint of
whiskey over two or three days, is that correct?
A That is correct.
Q Could you tell the Court how many times you think
he drank to excess say in a year in your opinion?
A To excess do you mean where he couldn't function?
Q It was your terms, drinking to excess so I am
25
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f using your terms.
2
A
In a year's time? I would say he did it in excess
3 probably like once a month.
4
5 the house?
6
7
8
9
10
11
12 marriage?
13
14
15
Q
You said that you were offended by pornography in
A
That is correct.
Q
Did you watch any pornography with Mr. Nutaitis?
A
One time I did, yes, sir.
Q
Did you stop the sexual relations in the marriage?
A
Yes.
Q
Did you contract vaginal herpes during the
A
Yes, I did, from him.
Q
Can you tell us why you say it was from him?
A
Because I was not having any sexual contact with
16 anyone but him.
17
Q
You said you didn't want your father to know that
18 you were cold and only having sex once a year. So do I take
19 that to mean then that would have been a correct statement,
20 those would have been correct statements?
21
A
In his eyes, yes, I guess. It is not something I
22 wanted my father to hear about his daughter. In my husband's
23 eyes, that is how he felt I was and that is what he said to my
24 father.
2S
Q
You mentioned you have headaches, migraine
26
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1 headaches?
2 A I have them, yes.
3 Q Do you have them now?
4 A No, I do not.
5 Q Are you seeing any physician and being treated for
6 headaches?
7
8
9
10
11
12
A
Q
A
Q
A
Q
No, not at this time.
Are headaches hereditary in your family?
Yes, they are hereditary.
So the headaches are hereditary in your family?
Yes, they are.
You told the court that Mr. Nutaitis didn't
13 attempt to correct problems but the pornography tapes arriving
14 at the house did stop, did they not?
15 A I just didn't find them, I don't know if he
16 stopped or not.
17 Q
18 A
19 Q
20 A
21 Christmas.
22 Q
23 not?
24 A
25 Q
You said Mr. Nutaitis said he was going to leave?
Right.
But he hadn't left, had he?
Not at that time. He told me he would be out by
But he was still supporting the household, was he
Yes, he was.
So you left?
27
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2
3
4
S
6
7
A Yes, I left.
Q And you wanted to leave in July of 2000, is that
correct?
A No, that is not when I wanted to leave. I left
when I was able to find a place that I could afford for our
daughter.
Q
Let me just refresh your recollection. Didn't you
8 file for support in July of 2000?
9 A It was after he told me he was leaving, I needed
10 to get an idea what kind of support I would be able to get so
11 I knew what I could afford to look for for us.
12 Q You did more than try to find out, you actually
13 filed a complaint for support, did you not?
14 A
15 Q
16 A
17 Q
18 in fact?
19 A
20 Q
That is correct, yes.
That was dismissed, was it not?
Yes, because we were still living together.
You were still in the marital bed, were you not,
Yes.
You stayed in the marital bed through October of
21 2000 when you left, did you not?
22 A That is correct.
23 Q So I am sort of getting inconsistencies here. You
24 are upset that supposed things happen once a month, yet you
2S stay in the marital bed and try to file for support, yet you
28
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l' leave voluntarily on October 20, isn't that correct?
2
A
I stay in the marital bed because it was my bed
3 and I was not about to sleep on the sofa because of him.
4
Q
So you weren't offended enough that you would get
5 out of your marital bed, but you were offended enough to
6 leave, is that what you are trying to tell the court?
7
A
Yes.
8
Q
You mentioned that there is very little if none
9 equity in the marital assets to the court. Did you arrange
10 for the home equity loan that you just mentioned?
11
A
After discussing it with him, yes, I arranged for
12 a loan.
13 Q Did Mr. Nutaitis arrange for the loan, home equity
14 loan, or did you arrange for the loan?
15 A I discussed it with him and he told me to look
16 into it and that is what I did, I looked into it.
17 Q who took care of the details and arrangements for
18 that home equity loan?
19
A
I did during the day because I was home and he was
20 working.
21 Q What did that home equity loan do, Mrs. Nutaitis?
22 A It paid off our bills.
23 Q Would those have been bills that Mr. Nutaitis
24 occurred, as well as bills that you incurred?
25 A Yes.
29
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i Q I am going to show you and your counsel a copy
2 called an itemization.
3 MR. RUPP: May I approach the witness to give her
4 this document and ask her to identify it?
5
6
THE COURT: Do you want this marked as an exhibit?
MR. FOREMAN: Yes, Your Honor.
7 (Defendant's Exhibit No.1 marked and identified.)
8 BY MR. RUPP:
9
Q
Showing you Defendant's Exhibit 1, Mrs. Nutaitis.
10 Do you recognize that document?
11
A
Yes.
12 Q Can you tell the court what that is?
13 A It is a listing of the bills that were going to be
14 paid off with the loan.
15 Q So there were a number of bills to be paid out of
16 the home equity, is that correct?
17
A
Yes.
18 Q I see down below he signs the settlement fees,
19 there is an appraisal fee, a credit report, a settlement fee,
20 an abstract search, title exam, recording fees and then we get
21 to what are known as loans I guess.
22
23
A
Q
Uh-huh.
Dauphin Deposit, for about $30,658, was that your
24 loan?
25
A
Yes.
30
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2 $4,064?
3 A
4 Q
5 loan?
6 A
There is a City Bank loan, was that your loan, for
Yes.
There is a Chase loan for $9,852, is that your
Yes.
7
8
9
10
11
12
13
14
Q Above there, its says amount to be given to you
directly, $6,274, was that to payoff your Discover account?
A I believe so.
Q Mrs. Nutaitis, I am going to give your counsel a
second copy that has the word mortgage at the top.
MR. RUPP: Your Honor, do you want this marked as
Exhibit No. 2 for the defense?
MR. FOREMAN: We will stipulate that this is a
15 second mortgage.
16 THE COURT: Let's get it marked.
17 (Defendant's Exhibit No.2 marked and identified.)
18 MR. FOREMAN: We would be glad to stipulate that
19 this is a second mortgage, which is the home equity loan that
20 has been testified to and that the money was actually lent to
21 Mr. and Mrs. Nutaitis as a mortgage on the house.
22 THE COURT: This has been marked as Defendant's
23 Exhibit 2?
24
MR. RUPP: Yes, Your Honor.
25 BY MR. RUPP:
31
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Q
Mrs. Nutaitis, could you look at that document
2 that your attorney just said he would agree to.
3
MR. FOREMAN: I would ask for an offer of proof
4 what else there is that is being proven by this document. I
5 stipulated and tried to
6
MR. RUPP: I would like to know if she signed the
7 mortgage.
8
MR. FOREMAN: We will stipulate that she signed
9 the mortgage.
10
THE COURT: Okay.
11
MR. RUPP: Then I will move on.
12 BY MR. RUPP:
13
Q
I don't have it but there was a note. Did you
14 sign a note for the loan?
15 A This is what you are talking about?
16 Q That is the mortgage.
17 A Right.
18 Q Then there is a thing called I promise to pay,
19 which we call a note, did you sign a note?
20 A I don't remember, I honestly don't remember.
21 Q We will have further testimony on that, Your
22 Honor. I will move on.
23 Mrs. Nutaitis, earlier your counsel stipulated
24 that your net income from your 40 hours per week is net $1,645
25 per month, is that approximately correct?
,
32
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3 support?
4
5
A
Approximately, it is probably a little high.
Q
You are also receiving $525 per month in child
A
Actually, -- right, yes.
Q
So you are receiving approximately $2,170 per
6 month net, if my math is correct. Does that sound correct to
7 you?
8
9
A
According to your math, yes.
Q
If Mr. Nutaitis has as we have stipulated to,
10 2720, after he pays the child support of 525, his net income
11 is down to $2200, is that your understanding?
12
13
A
From what you are saying.
Q
So he has $2200 per month net, you have $2200
14 per net, you are taking care of the child, but you have none
15 of the debt that was associated with your marital residence or
16 your home equity loan, isn't that correct?
17
18
19
20
21
22
23
24 BY MR. RUPP:
25
A
That is correct.
THE COURT: who is paying both of the mortgages?
A
At this time? Mr. Nutaitis is.
THE COURT: The Defendant is?
A
Yes.
THE COURT: Both of them?
A
Yes.
Q
Mrs. Nutaitis, have you purchased a new car?
33
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5
6
7
8
9
10
11
12
13
14
15 REDIRECT EXAMINATION
A
No, I have not purchased a new car.
I understand you are looking at one?
Q
A
It is a 1993.
Q You haven't been receiving any spousal support
since you filed on October 16 of 2000?
A No, I have not.
Q But you had said to the Court when asked that you
thought you were either caught up or pretty much caught up
with your legal bills, is that correct?
A
That is correct.
MR. RUPP: Your Honor, no further questions.
THE COURT: Mr. Foreman.
MR. FOREMAN: I have a few questions.
16
17 BY MR. FOREMAN:
18 Q Mr. Rupp asked you about the headaches being
19 hereditary in your family. Have you suffered headaches since
20 removing yourself from the marital home?
21
A
No, migraines, no, I have not.
22 Q Are the migraine headaches related to stress?
23 A Yes. The doctor told me most of them, since they
24 are in the back of my neck are tension headaches.
25 Q Prior to leaving the marital home, do you have an
,
34
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opinion as to what was causing you tension or stress?
A It was the tension in the home.
Q
A
That is the marital residence?
Yes, between the two of us, yes.
5 Q Was it specifically the tension caused by Mr.
6 Nutaitis advising you that he was going to leave and preparing
7 to do so?
8 A That was part of it. A lot of -- the rest of it
9 was constantly being accused of having an affair and
10 everything else.
11
Q
Mr. Rupp asked you about looking to buy a new car.
12 You are not looking to buy a brand new car, are you?
13 A No, it is a 1993 car. So it is older than Mr.
14 Nutaitis' car, so it is not even -- I figure from a 1984 to a
15 '93, my car can only last for so much longer, being an '84.
16
17
18
19
20
21
22
23
24
25
Q
Why are you looking to buy such an old car as
opposed to buying a newer one?
A I can't afford a newer one.
Q Why not keep the car you have?
A This is a good opportunity for the year. It has
low mileage, it is owned by a relative, just like my car that
I presently have, it is owned by my grandfather. If I get it,
I am getting it for a reasonable price.
Q Mrs. Nutaitis, do you believe that you could just
keep using the car you have right now, you could afford to
35
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9
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11
keep doing that?
A No.
Q Why not?
A It is too old and I just don't want to be left
stranded with it some day.
Q Are you concerned about the reliability and the
cost of continuing to maintain the car?
A
Q
A
Q
Yes.
I think you said it was a '98 Buick?
Yes.
Do you have money, without the spousal support or
12 the alimony pendente lite, do you have enough money to
13 maintain a car that is breaking down?
14 A Absolutely not, I have no savings whatsoever. The
15 money that is in my checking account right now is going to be
16 utilized for bills ,that I have to pay.
17 Q Is your checking account basically a transactional
18 account, that is, you put the money in and pay it out?
19 A Exactly, yes.
20 Q It just goes to pay your bills?
21 A That is all it is.
22 Q In answer to a question from the judge you
23 indicated that you didn't have any stock in your name?
24 A Right.
25 Q What did you mean by not in your name?
36
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l' A In custody of -- savings bonds that are in our
2 daughter's name.
3 Q Savings bonds?
4 A Yes, that is all.
5 Q You don't own any stock?
6 A No.
7 Q You were also asked of Mr. Nutaitis how often he
8 drank to excess. What does to excess mean to you?
9 A To excess to me, basically can't function.
10 Q How many times in a week or a month do you believe
11 that Mr. Nutaitis drank?
12 A I believe he drank every day during the week,
13 every night.
14
15
Drink every day or every night?
Yes.
Q
A
16 Q In your opinion each time he drank was he drinking
17 more than he should have been?
18
19
20
21
22
23
24
25
In my opinion, yes.
So when you say one time per month in excess, you
A
Q
are talking about something more than the fact that he drank
more than he should have every day?
A Yes.
Q I wanted to ask you about this loan that Mr. Rupp
had asked you about. According to I believe this would be
Defendant's Exhibit 1, do you have that in front of you, there
37
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l' is a date at the bottom, 6/30/98. What does that date mean to
2 you?
3
A
I believe that is the date that the papers were
4 signed.
5 Q That is the same date that is on the mortgage,
6 that is Defendant's Exhibit 2. Did you settle, that is get
7 the money, and sign the documents for this home equity loan on
8 June 30 of 1998?
9
I believe so.
A
10 Q Do I take it to mean, that means that the
11 discussion you had with Mr. Nutaitis about getting the loan
12 took place earlier than that?
13
14
15
16
17
18
19
20
A
Yes.
Q And the arrangements you made with the lender were
placed earlier than that?
A Yes.
Q Finally by June 30, 1998, you signed all the
papers and got the money, is that right?
A
Q
That's correct.
That is well over 2 years prior to the time that
21 you left the house, is that correct?
22
23
That's correct.
In June of 1998, you weren't planning to leave the
A
Q
24 house, were you?
25
No, I was )'lot.
A
38
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i Q On Exhibit 1 there are a list of what appear to be
2 loans or credit card bills that were paid off. Those are your
3 credit card bills or loans and Mr. Nutaitis'?
4
5
6
A
Q
A
That is correct.
They are basically all your debt?
Yes.
7 Q This is sort of a debt consolidation loan?
8 A Right.
9 Q Did you mastermind the idea of going out to get
10 this home equity loan in order to get rid of debt so you
11 wouldn't have it when you would leave two and a half years
12 later?
13
14
15
16
A
Q
A
Q
Absolutely not.
Did that thought ever cross your mind?
Never.
The debt included both your debt and Mr. Nutaitis'
17 debt, you didn't discriminate, did you?
18
19
20
21
22
23
24
25
A
Q
A
No, it was both of our debt.
Any debt that the two of you had?
Exactly, yes.
No further questions of the witness.
MR. FOREMAN:
THE COURT: Mr. Rupp.
MR. RUPP: None, Your Honor.
THE COURT:
MR. FOlj,?W\N:
You may step down, thank you.
The Only other item we have, I do
39
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1 not have a copy at this moment, but I would like to present
2 the Court with a copy of the alimony pendente lite claim
3 account and the divorce that the court does not have in front
4 of it. with that I would rest.
5
6
THE COURT:
MR. FOREMAN:
I don't have a copy.
It is on record with the
7 prothonotary and I will supply the Court with a copy if that
8 is acceptable.
9 MR. RUPP: Your Honor, I have seen that, I don't
10 know that it was actually filed. The other thing is I have
11 checked with the Domestic Relations Office and they have no
12 initiation of any APL proceedings in their office. I want
13 that on the record for the court.
14 MR. FOREMAN: I will certify to the court that it
15 was, indeed, filed, whether Mr. Rupp knows it or not. Mr.
16 Rupp did receive a letter from my office with a copy of the
17 APL account and with the statement from me that it had been
18 filed. I certainly would not have said that to Mr. Rupp if it
19 were not true. I did not have Mr. Rupp present with me when I
20 filed it.
21 THE COURT: Mr. Rupp.
22 MR. RUPP: Thank you, Your Honor.
23 Your Honor, I would call Mr. Nutaitis, please.
24
25
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16
17
18
19
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22
23
24
2S
THEODORE J. NUTAITIS, JR.
Having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. RUPP:
Q Mr. Nutaitis, please state your full name for the
record?
A Theodore Nutaitis, Ted Nutaitis.
Q Mr. Nutaitis, where are you currently employed?
A I work with the Safety Administration, Bureau of
Motor Vehicles, I am the business manager.
Q
Before you were employed with Commonwealth of
Pennsylvania in PennDOT's department, Bureau of Motor
Vehicles, where were you employed before that?
A It is called Hersha Enterprises, H-E-R-S-H-A.
Q Mr. Nutaitis, try to slow down and just relax and
speak into the microphone.
Ted, before the Hersha employment, where were you
employed?
A I served with the Marine Corps.
Q How long were you with the Marine Corps?
A 20 years, 6 days.
Q Ted, your wife is now claiming that she did not
leave voluntarily. Is it your understanding actually that she
planned to leave?
41
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2
3
4
5
6
7
8
9
10
11
12
A
Q
Yes, I do.
Could you tell the Court why you think she planned
to leave?
A I think it goes back to 1998 and the loan, how
that came about. Yes, we both worked together, but when it
came down to the note, she instructed me that I was the only
one that could not sign the note and that she was not allowed
to sign it.
Q So the mortgage is signed by both of you, but the
note that incurred the obligation is not signed by her, is
that your statement?
A
That is correct.
13 Q Are there other reasons that gave you reason to
14 believe that she was planning to leave the marital residence?
15
Yes, from last year when she filed for child
A
16 support while we were still living together, in the same bed
17 together, in fact, we had to go down to Domestic Relations and
18 talk to Amy and discuss the matter, at which time it was
19 dropped.
20
So your wife, Kristi, actually went further than
Q
21 investigating support, she actually filed for a complaint for
22 support, is that correct?
23 A Yes, she did.
24 Q Did you force her out of the marital residence?
25 A No, I qiq not. In fact, I even - - after we went
42
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1" and talked to Amy, I suggested that we go to counseling again.
2 Q Although she says she wasn't forced out, she filed
3 a complaint in divorce against you, didn't she?
4
S
6
7
8
9
10
11
12
13
14
15
16
17
A
Yes.
Q Do you recall when she filed the complaint in
divorce?
A There was so many starting in July -- no, I can't.
MR. RUPP: Your Honor, I don't know if you want
this marked. This is a copy of the divorce complaint that was
filed on September 28, maybe the court would take judicial
notice and we could stipulate to that.
THE COURT: I think the divorce action is part of
this proceeding, because that is where the petition for count
for alimony pendente lite is and considering that at this
hearing.
MR. RUPP: Could we stipulate that the divorce
complaint was filed by plaintiff on September 28, 2000.
18 MR. FOREMAN: Yes, Your Honor, I will so
19 stipulate.
20 THE COURT: All right, thank you.
21 BY MR. RUPP:
22 Q
23 correct?
So your wife filed before she even left, is that
24 A
25 Q
That's correct.
Was th~~ another indication that she was planning
43
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7
8
9
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11
12
13
14
15
16
on leaving?
A I would say yes.
Q It was stipulated that she filed for support
before she left on October 16, is that correct?
A That is correct.
Q Were you supporting your daughter and your wife in
the marital residence while she was there?
A
Yes.
Q Were you paying as many of the joint bills as you
could, including the mortgage and the home equity loan?
A Yes.
THE COURT: The mortgage note, not the second
mortgage but the first mortgage, are you both on that mortgage
then?
A
Yes, sir.
THE COURT: How much was this second mortgage
17 loan?
18 A The first mortgage is $820 a month and the second
19 mortgage is $500.
20 THE COURT: The outstanding balance on the first
21 mortgage is?
22
23
24
25
A
$87,000 on the first and 43 on the second.
THE COURT: Those are the outstanding balances?
A
Yes, sir.
THE COURT: Okay.
44
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1 A In fact, the balances are so high, it can't be
2 financed. It is called an upside down mortgage.
3 BY MR. RUPP:
4 Q Your wife told the court that she was concerned
5 about alcohol abuse. Can you tell the court what your alcohol
6 use was either both before the marriage and then during the
7 marriage?
8 A I can say that before the marriage being a Marine
9 being stationed out in Camp Lejeune I drank too much. When I
10 got married I stopped, when my daughter was born I stopped.
11 In fact, both of us stopped for the first 2 years in that
12 marriage.
13 After that, I would have an occasional. But what
14 she is saying is totally incorrect, I would be dead by now, I
15 only way 140 pounds.
16 In 1997, I was stationed down in North Carolina.
17 My wife and daughter had moved home to get ready for my
18 daughter to go to preschool. Then I would come back every
19 other weekend to see my wife and daughter. During that time
20 is when she contracted genital herpes, I wasn't even home.
21 So I would admit to the court there was an
22 incident where, yes, I got intoxicated, was downstairs in the
23 family room, I was crying. Yes, I agree to that. What would
24 you do finding out that your wife had genital herpes and then
2S trying to say it came from a cold sore. So I do admit to the
45
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i court.
2 Q So today in court Mrs. Nutaitis says that the
3 genital herpes came from you but what did she tell you?
4 A She told me it was a cold sore and the fact that I
5 had a cold sore, that is how she got genital herpes.
6
Q
She says she never saw you drinking but she would
7 mark the bottles. She actually had several things that she
8 said she did see you but then she said he didn't see you, she
9 just marked the bottles, so I have some inconsistency here.
10 MR. FOREMAN: Objection, I believe that is a
11 mischaracterization of the testimony
12
13
14 question.
1S BY MR. RUPP:
THE COURT: I will disregard the characterization.
MR. FOREMAN: -- in addition which it is not a
16
17
Q
If you were only drinking a pint over three days,
that would be like two eight ounce cups?
18 A I don't know, but I never drink that much.
19 MR. FOREMAN: Objection, that is not a question
20 either.
21 THE COURT: sustained.
22 BY MR. RUPP:
23
24
2S
Q Were you drinking heavily during the marriage in I
will say the last year or so?
A No. My favorite drink is O'Doul's and she knows
I
46
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1 that.
2 Q
O'Doul is what kind of beer?
3 A Nonalcoholic beer, that is what I started drinking
4 when my daughter was born.
5 Q Mrs. Nutaitis said there were frequent arguments.
6 Can you comment on that?
7 A No, there wasn't, that is incorrect. Like any
8 other couple, we had arguments but they weren't frequent.
9
10
11
Q
A
Q
Did you allege she was not faithful?
Yes, especially after '97, of course I did.
Did you or did your wife stop the sexual relations
12 between you both as husband and wife?
13
A
I did in '97, in fact, Amy moved upstairs in the
14 spare bed:toom for awhile.
1S Q Did you resume sexual relations then?
16 A Yes, we did.
17 Q Then did she stop the sexual relations?
18 A Yes, she did. It would go on and off like that for
19 almost 8 years.
20 Q Mrs. Nutaitis said that he is offended by
21 pornography. Do you believe that is a correct statement?
22 A No, I do not.
23 Q Can you tell the court why not?
24 A Because she used to watch it with me.
25 Q She said only one time?
47
.
.
1 A That is incorrect.
2 Q Did she watch it a lot more than one time?
3 A I wouldn't say a lot more but maybe half a dozen.
4 Q She said that she saw you and interrupted you
5 while you were, is that an incorrect statement?
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
That is incorrect.
Is that a false statement?
A
Q
A
Yes.
I am not saying when we were together she
didn't watch me as a husband and wife as a couple.
Q In the last year before she left when she says
that you forced her out of the marital home, did she stay in
the marital bed?
A Yes, she did.
Q Were you attempting to keep the marriage together?
A Of course, that is why we stayed together like we
did.
Q Mrs. Nutaitis said that you were simply saying the
marriage was over and you were leaving. Did you tell her that
you were leaving in December?
A Yes, I did.
Q Why did you tell her that?
A At that time I think we hadn't been intimate for
probably like 8 or 9 months.
Q She had stopped that?
A
Correct.
48
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i Q Had you done things that were actually attempting
2 to reconcile the marriage?
3
4
A
Q
Absolutely.
Had you stopped the pornography arriving at the
Shouse?
6 A Yes.
7 Q Had you stopped drinking in the marriage?
8 A Yes.
9 Q Had you asked her for counseling to try to
10 reconcile the marriage?
11
12
A
Q
Yes.
What was Mrs. Nutaitis' response to your request
13 for counseling in the marriage?
14
A
No.
15 Q Mr. Nutaitis, with your military disability
16 retir~ment, the amount of your net income per month is
17 approximately 2720 per month net. After you paid the child
18 support of 525 you have approximately net how much per month?
24 BY MR. RUPP:
25
Q
You have approximately $2200?
49
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A Yes.
Q So you have approximately $2200 per month net
after paying child support to your wife, but you have been
paying both the marital mortgages, is that correct?
A
That is correct.
Q And have you been paying the marital home equity
loan against the home?
A That is correct, plus two credit cards.
Q
plus two credit cards.
10 So your wife left but have you gotten any help
11 from her since she left on the marital obligation?
12
A
None.
13 (Defendants Exhibit No.3 marked and identified.)
14 BY MR. RUPP:
15
Ted, I am going to show you an item that I have
Q
16 marked Defendant's Exhibit No.3. Can you tell me what that
17 represents?
18 A My income and my expenses.
19 Q Is your income shown on the left-hand side?
20 A Yes, it is.
21 Q Are your approximate monthly expenses on the
22 right-hand side?
23
Yes.
A
24 Q With paying the home equity and the mortgage, do
25 your monthly expenses exceed your total net monthly income,
50
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including your military disability retirement?
A That is correct. That is why I had to borrow it.
THE COURT: I denied Mr. Foreman's objection, I
didn't mean to open the door to leading questions, you will
have to resume asking non-leading questions.
BY MR. RUPP:
Q Ted, would you tell the Court whether or not you
have any burden with respect to your monthly expenses?
A
Q
Do I have any burden? Of course I do.
Tell the Court what your burden is, please?
11 A The fact that I don't have enough money to pay the
12 bills. Like I said, I had to go out and borrow $5,000 from the
13 Penn State Employees Credit Union just to keep going, half of
14 that is gone already.
15 MR. RUPP: Could you mark this No.4, please.
16 (Defendant's Exhibit No.4 marked and identified.)
17 MR. RUPP: Your Honor, we have marked Exhibit 4,
18 merely a letter from the Domestic Relations Office in response
19 to a letter I wrote to them. In it Ms. Ickes did a
20 hypothetical where she calculated if Mr. Nutaitis' military
21 disability retirement income were excludable from his net
22 income after paying child support would he owe any spousal
23 support, and her calculations indicate that there would be no
24 child support. So I simply wanted that introduced into the
25 record.
51
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1" THE COURT: Mr. Foreman.
2 MR. FOREMAN: I have an objection to this if it is
3 an exhibit to be shown to this witness.
4 MR. RUPP: I am not showing it to the witness. It
5 came from DRO.
6 MR. FOREMAN: Unfortunately, I guess Ms. Ickes was
7 giving advisory opinions to Mr. Rupp without my involvement, I
8 didn't know they were asked for or
9 MR. RUPP: I copied Mr. Foreman on the letter.
10 THE COURT: Any objection to the exhibit is
11 sustained. It is just hearsay and it seems to me I could
12 calculate using the guidelines also. If she is right, there
13 is no harm done in keeping the exhibit. If she is wrong, there
14 is no use for the exhibit anyway.
15 MR. RUPP: Should I just keep that then?
16 A I won't admit that exhibit. If there is an
17 objection to it, and I think there was.
18 MR. FOREMAN: There was an objection.
19 MR. RUPP: Would you permit me to have Ms.
20 Kreitzer identify the document?
21 THE COURT: No, it is just hearsay. It is just a
22 matter of calculating the incomes using the guidelines.
23 MR. RUPP: I understand, thank you, Your Honor.
24 BY MR. RUPP:
25
Q
Ted, Mrs. Nutaitis was telling the Court that she
52
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i is having trouble with bills and things like that. Are you
2 aware of whether or not she is receiving any other kind of
3 help or dollar help?
4 A Well, her parents have always been good to us, so
5 I know that they are helping her because she said they are.
6
7
8
9
She said they are?
Yes.
So she is receiving help from her parents then,'
As far as I know, yes.
Q
A
Q
A
10 MR. RUPP: Your Honor, no further questions of
11 this witness.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE COURT: I think you need to get something into
the record about this disability portion of the Defendant' E'
income. Right now I don't think there is anything in the
record about it.
MR. RUPP: All right, Your Honor.
BY MR. RUPP:
Q Ted, are you receiving federal military disability
retirement income?
A
Q
Yes, 40 percent of my retirement pay.
I know it is in the Domestic Relations Office
materials, but can you give the court approximately what that
amount is?
A I think it is around $535, approximately.
Q Per what?
53
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3 A
4 military.
5 Q
Per month.
What does that 535 per month represent?
My 40 percent disability that I receive by the
Is it payment to you as in the form of military
6 disability retirement pay?
7
8
9
A
Yes, it is.
MR. RUPP: Thank you, Your Honor.
THE COURT: What portion of the $720 net per month
10 that you receive is your military pension?
11 A
12
13 payment?
14
15
16
17
18
19
20
21
22
23
Sir, approximately $1300.
THE COURT: Of that $535 is the disability
A
Yes, sir. Sir I may be off a dollar or two there.
THE COURT: Mr. Foreman.
CROSS-EXAMINATION
BY MR. FOREMAN:
Q Mr. Nutaitis
A Speak up, I don't have my hearing aid in and I
can't hear you.
MR. FOREMAN: If the Court please, I will try to
24 approach the witness to make this easier.
25 BY MR. FOREMAN:
54
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:L Q MR. Nutaitis, in June of 1998, Mrs. Nutaitis and
2 you got a home equity loan, a second mortgage on your house?
3
A-
Yes, sir.
4 Q Do you remember where you were when you signed the
5 papers to that loan?
Yes, in Camp Hill at closing.
Were you in a law office?
I thought it was a real estate office.
Do you know if your mortgage lender required title
6 A-
7 Q
8 A-
9 Q
10 insurance?
11 A-
12 Q
I can't recall.
When that loan was closed, that second mortgage in
13 June of 1998, there was a settlement officer there who told
14 you what papers you had to sign?
15 A- I would say yes.
16 Q They explained the papers to you?
17 A- Yes.
18 Q If you had questions, that settlement officer
19 answered those questions?
20 A- Yes.
21 Q Isn't that the person who controlled the
22 settlement?
23 A- I would say yes.
24 Q The mortgage, which has been presented as an
25 exhibit, has your name on it and Mrs. Nutaitis' name on it, is
55
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that correct?
A Yes.
Q Isn't that because the house, which the mortgage
places a lien against, was owned jointly by you and Mrs.
Nutaitis?
6 A
7 Q
That is correct.
You were working full-time in June of '98, were
8 you not?
9 A
Yes.
10
11
12
13
14
Q Mrs. Nutaitis said she was at home, she could make
the phone calls. She wasn't working, was she?
A
Q
A
At that time, no.
So you were supporting the family entirely?
Yes, sir.
15 Q Isn't that the reason that you were asked to si9n
16 the note and not Mrs. Nutaitis, because she had no income?
17
18
No, not that I am aware of.
The settlement officer, isn't that the person who
A
Q
19 controlled who had to sign what documents?
20 MR. RUPP: Objection, that may be a request for a
21 legal opinion.
22
23
THE COURT: I guess he can say I don't know.
I don't know.
A
24 BY MR. FOREMAN:
25
Q
At any rate, the settlement officer from the title
56
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1 company who was conducting the settlement was satisfied with
2 the documents that were given to him?
3
4
A
I would say yes.
Q
Whoever was representing the community bank of
5 Northern Virginia who made the loan distributed the money to
6 you?
7
8
A
Yes.
Q
One of the expenses that you list on your monthly
9 expenses is listed as wife's medical bill?
10
11
A
That is correct.
Q
Don't you have medical insurance that covers your
12 wife's medical bills?
13
14
A
Yes, I do.
Q
When the bills are incurred, you submit them to
15 the insurance carrier and you are reimbursed for them?
16
17
A
That is correct.
Q
Isn't it correct that you are paying your wife's
18 medical bill because when your wife submitted the medical bill
19 for reimbursement, the check came payable to you and the
20 insurance company paid for it and you took the check and
21 cashed it?
22
23
A
That is incorrect.
Q
You did not cash the check for medical
24 reimbursement?
25
A
I deposited that check and used it for bills for
57
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1 the last two months before she left.
2 I took the $700 check, deposited it in my checking
3 account and then used it to pay bills, i.e., equity loans that
4 was unpaid for two months.
5 Q Let me rephrase my question and be more exact.
6 I said, isn't it true that you took the insurance
7 reimbursement check and cashed it. But I guess what I should
8 have said is: Isn't it true that you took the insurance
9 reimbursement check and deposited it in your bank account that
10 you controlled?
11
That is correct.
A
12 Q Isn't it true that you then disbursed that $700
13 which paid for the wife's medical bills and you controlled how
14 it was disbursed?
15
16
17
18
19
20
21
22
23
24
25
A
Q
A
I didn't have a choice.
Did you sign checks which spent that money?
Absolutely.
Q You did that of your own volition, you got to
decide whether to sign checks or not?
A After I deposited the money, of course.
Q
So that $50 per month that you pay towards the
wife's medical bills is because you didn't take the money from
the insurance company to pay the medical bill that it was
intended for?
A I couldn't.
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22
23
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Q You couldn't have done that?
A No.
Q You couldn't have taken that $700 and gone down
and signed it over to the doctor?
A No, I couldn't have done it.
Q Why would that be impossible to do? Why could you
physically not have taken the check for the insurance company
to pay the medical bill to the doctor who provided the
service, why couldn't you do that?
A Because she had left bills unpaid for months
before she left, our credit card from the Navy credit union
was up to around $270. Our equity loan went unpaid for 2
months. If you don't pay your loans like mortgages, they
start proceedings and get nasty with you.
Q So you chose not to use the $700 for the medical
bill, instead you chose to use it for other bills that you
felt were higher priority?
Right.
MR. RUPP: Asked and answered.
THE COURT: Overruled.
A That is correct.
A
May I also state that her bill is now down to
$3S0, I am paying every month.
BY MR. FOREMAN:
Q
Was that removed from your medical expenses?
59
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A That $50, yes, sir, I will be able to buy more
food.
Q You also indicated that Mrs. Nutaitis gets money
from her parents, is that correct?
5 A I would say yes. They have always been very
6 helpful to us.
7 Q Mrs. Nutaitis indicated that on one occasion you
8 went with her to marriage counseling, do recall that?
9 A Yes, we did, Carlisle.
10 Q Then Mrs. Nutaitis indicated that she wanted to
11 continue counseling but you did not?
12
A
That is correct, I was wrong at that time in not
13 going back.
14
15
16
17
18
19
20
21
22
23
24
25
Q
More recently you actually went to counseling
yourself?
A Yes, I have.
Q Where did you go?
A It is in Lemoyne, back by the state.
Q Isn't it correct that you went to counseling this
most recent time because your employer suggested you do that
when they gave you a written letter of reprimand?
A That is incorrect, that is not true.
Q Is it correct that your employer gave you a
written letter of reprimand?
A For doing my job, absolutely.
60
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Q They gave you a written reprimand for doing your
job?
A Yes. Damned if you do, damned if you don't. I
protected one of my employees, proud to say that. I took the
heat like the leader does.
Q What kind of counselor did you go to in Lemonye?
A
Marriage as far as I know.
MR. FOREMAN: No further questions of this
8
9 witness.
10
11
12
13
14
1S
16
THE COURT: Mr. Rupp.
REDIRECT EXAMINATION
BY MR. RUPP:
Q Ted, Mr. Foreman has raised a doctor bill. You
were worried that the loans that were outstanding that were at
17
the credit union were going to be called if not paid and they
18 hadn't been paid. Did you tell the doctor's office what you
19 were doing?
20
21
22
23
24
25
MR. FOREMAN: Objection, these questions, again,
Mr. Rupp testified.
MR. RUPP: I will rephrase, Your Honor.
THE COURT: Okay.
BY MR. RUPP:
Q Ted, you said you were sending money to the
61
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1 doctor's office?
2
3
4
A
Q
A
Yes.
Did you do anything with the doctor's office?
I don't recall. Yes, I did call him I think.
5 Q Mr. Foreman is attempting to try to connect a
6 letter of reprimand at work with your counseling. Are they
7 connected
8 MR. FOREMAN: Objection, leading question.
9 THE COURT: You can ask was the letter of
10 reprimand connected in any way with the counseling?
11
12
13
14
15
16
17 two or three additional questions.
A No, sir.
MR. RUPP: I have no further questions, Your Honor.
THE COURT: Mr. Foreman.
MR. FOREMAN: Nothing.
THE COURT: You may step down.
MR. FOREMAN: I would like to ask Mrs. Nutaitis:
18
THE COURT: All right. How much more time do you
19 think this will take?
20
MR. FOREMAN: I thick we could finish in 5
21 minutes.
22
23
24
25
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1 KRISTI L. NUTAITIS
2 recalled as a witness in rebuttal
3 having been previously sworn, was recalled as a witness and
4 testified as follows:
5
6
7 BY MR. FOREMAN:
DIRECT EXAMINATION
8 Q Mrs. Nutaitis, two subjects I want to ask you
9 about and only two subjects. The question was raised about
10 you not signing a note for the second mortgage. Why was it
11 that you didn't sign the note?
12 A I wasn't working at the time and they didn't
13 require me to sign the note.
14
Q
What was acceptable on the note, who was that
15 decided by?
16 A
17 company.
18 Q
I am assuming the title company or the loan
The second subject I wanted to ask you about is
19 the help that you are receiving from your parents.
20
A
Yes.
21 Q During the course of your marriage were your
22 parents helpful, as Mr. Nutaitis said, financially?
23 A More than helpful. We would not have been able to
24 buy the house if it had not been for my parents.
25 Q Since you have separated from your husband, have
63
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1" your parents continued to be financially helpful to you?
2
3
4
A
Q
A
Yes.
Could you pay your bills without their help?
No, I could not.
S Q Without their help, would you be able to pay
6 anything towards your legal bills?
7 A No.
8 Q Do you have any assurance that your parents will
9 continue to pay and provide the help that you need to be
10 supported and to support your legal action?
11 A Well, I cannot continue to take money from my
12 parents. I mean, they are basically lending the money to me
13 and I need to pay it back at some point; but I can't continue.
14 It is not like they have open-ended pockets, they are doing
15 this to help out my daughter basically and myself.
16 Q Is this something they are doing until the spousal
17 support issue is decided?
18
19
20
21
22 CROSS-EXAMINATION
23
24 BY MR. RUPP:
25
A
Yes.
MR. FOREMAN: No further questions.
THE COURT: Mr. Rupp.
Q
Mrs. Nutaitis, is there any reason that you would
I
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l' not expect that they would not or could not continue to help
2 you financially?
3
A
Their money is going to end at some point. I
4 cannot expect them to continue.
5
Q
Is all their help financially to you in the form
6 of loans?
7 A For the most part, yes.
8 Q Is that in writing?
9 A No.
10 Q Are there any written notes?
11 A No, there is none.
12 MR. RUPP: No further questions, Your Honor.
13 THE COURT: You may step down.
14 Mr. Foreman.
15 MR. FOREMAN: If the Court please, I indicated
16 that I wish to provide a copy of the alimony pendente lite if
17 the Court did not have it. I checked my file, I do have that.
18
THE COURT: What is that?
19
MR. FOREMAN: A precipe to add an additional APL
20 account, and it is the amendment to the complaint to divorce
21 to that action for alimony pendente lite to 2-6578, which is
22 clocked in, filed, December 1, 2000, just as I had represented
23 to the court.
24 I also have a letter dated December 4, 2000, to
25 Mr. Rupp, which I sent Mr. Rupp a copy of this filing and I
65
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l' indicated that he would know the exact day that was filed, but
2 I am in error because my letter says that it is a clocked in
3 copy, I provided him not with just a copy but a clocked in
4 copy.
5 THE COURT: It appears in the file for that action
6 and I consider that action part of this proceeding today.
7
8
MR. FOREMAN: Thank you, Your Honor.
THE COURT: I think that takes care of the
9 rebuttal testimony if I am not mistaken, now we are on the
10 surrebuttal part of the case. Mr. Rupp, did you have any
11 surrebuttal testimony?
12 MR. RUPP: No, Your Honor. What we would like to
13 do is ask for the admission of our documents.
14 THE COURT: Any objection to the admission of
15 Defendant's Exhibits 1, 2 and 3?
16 MR. FOREMAN: No, Your Honor.
17 THE COURT: Defendant's Exhibits 1, 2, 3 are
18 admitted. I may have mischaracterized rebuttal on surrebutt:al
19 but I think all of the evidentary information is now before
20 the Court on the record, is that right?
21 MR. FOREMAN: I believe, Your Honor.
22 MR. RUPP: I believe that is correct, Your HonOL
23 THE COURT: Did counsel wish a period within which
24 to file briefs on the issues they perceive to exist?
25 MR. FOREMAN: Yes, Your Honor, I would like to.
66
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l' MR. RUPP: Yes, Your Honor.
2 THE COURT: Do you want copies of the transcript?
3 MR. RUPP: I don't believe that would necessary.
4 MR. FOREMAN: I don't believe that would be
5 necessary.
6 THE COURT: Mr. Rupp?
7 MR. RUPP: May I consult with Mr. Nutaitis?
8 THE COURT: Certainly.
9 MR. RUPP: Your Honor, we would like to request
10 that.
11 THE COURT: How much time after the filing of the
12 transcript would you need to file your briefs?
13 MR. FOREMAN: Your Honor, I believe that we could
14 comfortably do it in 3 weeks.
15 THE COURT: Mr. Rupp.
16 MR. RUPP: I was thinking about 30 days, Your
17 Honor.
18 MR. FOREMAN: We would like to get this resolved
19 as quickly as possible because of the amount of time elapsed
20 but certainly I would not oppose that request.
21 THE COURT: Enter this order: AND NOW, this 6th
22 day of July, 2001, upon consideration of the Plaintiff's
23 complaint for spousal support and Plaintiff's claim for
24 alimony pendente lite and Defendant's appeal from the
25 recommended order of spousal support herein and following a
67
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1 hearing held on this date, the record is declared closed and
2 the matter is taken under advisement.
3 Pursuant to a request of Defendant's counsel, the
4 stenographer is requested to transcribe and file the notes of
5 testimony in this proceeding pursuant to an agreement of
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6 counsel. Briefs shall be submitted to the Court by counsel on
7 the issues which they perceive to exist in the case within 30
8 days of the filing of the transcript.
9
THE COURT: Court adjourned.
(The hearing concluded at 12:20 p.m.)
68
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on the
above cause and that this is a correct transcript of same.
0a.;tvbct,' (! '/)o./t.'tdt
Patricia C. Barrett
Official Stenographer
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
1J=j
Date
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KRISTI L. NUTAITIS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-6578
THEODORE J. NUTAITIS, :
Defendant :
CIVIL ACTION - LAW
DIVORCE
INCOME AND EXPENSE STATEMENT OF
KRISTI L. NUTAITIS
INCOME
Employer: A. T. Security Services, Inc.
Address: 905 Kranzel Drive, Camp Hill, PA 17011
Type of Work: Administrative/Secretarial
Pay Period (weekly, biweekly, etc,): Biweekly
Gross Pay per Pay Period:
$1,059.92
ITEMIZED PAYROLL DEDUCTIONS
Federal Withholding
Local Wage Tax
State Income Tax
Social Security
Net Pay per Month
$ 93.28
$ 11.00
$ 28.53
$ 77.95
$ 849.16
$1,839.84
Net Pay Biweekly
Child Support Paymt./Month
$ 525.00
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EXPENSES
Home Weekly Monthly Yearly
Mortgage/Rent 800
Utilities
Gas/heat 65
Trash ~
Electric (includes air) 70
Telephone 35
Water 35
Sewer 15
Taxes
Per Capita/Occupational 1 11
Insurance
Automobile 58 700
Medical 94
Life 20
Automobile
Payment 132
Fuel, Oil, Wash 50
RepairfTires/Registration 4 50
Medical
Doctor 10
Medicine 33
Personal
Clothing 70
Food, lunches and misc. 70 280
Barber 35
Credit Cards & Loan 300
Miscellaneous
Papers/books/magazines 5 60 Child
Entertainment 20
Pay TV (cable) 45
Vacation 41 500
Gifts 25 300
Legal Fees 100
Contributions
Dry Cleaning
Cleaning Supplies, Sundries 30
TOTAL EXPENSES $ 2,388
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I verify that the statements made in this Income and Expense Statement 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.
/1vusbtJ w~tvb
Kristi L. Nutaitis
DATE:~.2002
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KRISTI L. NUT AITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-6578
THEODORE J. NUTAITIS, :
Defendant
CIVIL ACTION - LAW
DIVORCE
INVENTORY
OF
KRISTI L. NUTAITIS
KRISTI L. NUTAITIS files the following inventory of all
property owned or possessed by either party at the time this action was
commenced and all property transferred within the preceding three years.
KRISTI L. NUTAITIS verifies that the statements made in this
inventory are true and correct. She understands that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to
unsworn falsification to authorities.
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KRISTI L. NUTAITIS
ASSETS OF PARTIES
KRISTI L. NUTAITIS marks on the list below those items
applicable to the case at bar and itemizes the assets on the following
pages.
x) 1. Real property
x) 2. Motor vehicles
) 3. Stocks, bonds, securities and options
) 4. Certificates of deposit
) 5. Checking accounts, cash
X) 6. Savings accounts, money market and savings certificates
) 7. Contents of safe deposit boxes
) 8. Trusts
) 9. Life insurance policies (indicate face value, cash
Surrender value and current beneficiaries)
10. Annuities
11. Gifts
12. Inheritances
13. Patents, copyrights, inventions, royalties
14 Personal property outside the home
15. Business (list all owners, including percentage of
ownership, and officer/director positions held by a party
with company)
16. Employment termination benefits-severance pay, worker's
compensation claim/award
17, Profit sharing plans
18. Pension plans (indicate employee contribution and date plan
vests)
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20.
21.
X 22.
23.
X 24.
X 25.
26.
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Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/V.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personal (include as a total
category and attach itemized list if distribution of such
assets is in dispute)
Other
MARITAL PROPERTY
KRISTI L. NUTAITIS lists all marital property in which
either or both spouses have a legal or equitable interest individually
or with any other person as of the date this action was commenced:
Item
Number
1
1
6
25
Description
of Property
Names of
All Owners
2nd St.
17070
cod style
" baths,
central air
Marital Home at 710
New Cumberland, PA
2-story brick cape
3 or 4 bedrooms, 1
finished basement,
Exhibit "N'
Theodore J. Nutaitis
Kristi L. Nutaitis
Real property undeveloped lot Theodore J. Nutaitis
located in the Township of
Briar Creek, Columbia County,
being approximately 7.2338 acres
Exhibi t "B"
us Savings Bonds - $600 face
Value
Theodore J. Nutaitis
Kristi L. Nutaitis
Household Furnishings
See attached listed
Theodore J. Nutaitis
Kristi L. Nutaitis
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NON-MARITAL PROPERTY
KRISTI L. NUTAITIS lists all property in which a spouse has
a legal or equitable interest which is claimed to be excluded from
marital property:
Item
Number
Description
of Property
Reason for
Exclusion
2.
1993 Buick Park
Avenue Limited
Titled to Kristi
L. Nutaitis
2.
2001 Kia Sport age
Titled to Theodore J. Nutaitis
22.
$1,200 per month retirement
Theodore J. Nutaitis
PROPERTY TRANSFERRED
Item
Number
Description
of Property
Date of
Trans fer
Consid-
eration
Person
to Whom
Transferred
None
LIABILITIES
Item
Number
Description
of Property
Names of
All Creditors
Names of
All Debtors
24.
Mortgage on Marital Home
Chase Manhattan
Mortgage Company
Theodore J. Nutaitis
Kristi L. Nutaitis
24.
Mortgage on Marital Home
Commonwealth Bank
Northern, Virginia
Theordore J. Nutaitis
Kristi L. Nutaitis
Household Furnishinqs of
Kristi L. Nutaitis and Theodore J. Nutaitis
Kristi Nutaitis
Sleeper sofa
Coffee tables
Hutch
Small kitchen table
Two Televisions
Bed
Childs Computer
Microwave
Upright freezer
Dishes - pots/pans
Washer
Marble Top Table - inherited from Grandparents
Ice Box - inherited from Grandparents
Small Christmas lighted reindeer & sleigh
Lawn mower (borrowed from parents)
One half flatware
Theodore Nutaitis
Two sofas
Two chairs
$900 Generator gas grill
Refrigerator
Dryer
Living room table
Dining table with 6 chairs
Four Televisions
Three VCRs
Stereo
Two Dressers
Headboard
Two night stands & lamps
One half flatware
Large lighted reindeer
Overhead Lamp (floor)
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Exhibi t "All
All those certain pieces or parcels of land situate in the Borough
of New Cumberland, Cumberland County, Pennsylvania, known as Lots Nos. 6
and 7, in Block ~E", in Buttorff's Second Addition to New Cumberland and
recorded in Plan Book N, Volume 5, Page 498, as more particularly
described by metes and bounds by that certain deed duly recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in
Deed Book 1-36, Page 216.
Tax 10 #25-25-0006-413
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Exhibi t "B"
All that certain piece or parcel of land situate in the Township
of Briar Creek, County of Columbia and State of Pennsylvania, bounded
and described as follows, to wit:
Beginning at a rebar set at the southwest corner of land of
Anthony M. and Paula C. Nespo1i, said point also being on the northerly
right-of-way line of SR #0093; thence along the northerly right-of-way
line of said SR #0093 north 67 degrees 43 minutes 32 seconds east 392.59
feet to a rebar set at the southeast corner of Lot No.1; thence along
the easterly line of said Lot No. 1 north 44 degrees 25 minutes 16
seconds east 181.82 feet to an iron pin found; thence along same north
48 degrees 43 minutes 16 seconds west 118.63 feet to a rebar set at the
southeast corner of Lot No.3; thence along the easterly line of said
Lot No.3 north 17 degrees 48 minutes 39 seconds east 418.25 feet to a
rebar set; thence along same north 08 degrees 58 minutes 48 seconds
east 350.54 feet to a rebar set on the southerly line of Lot No.2;
thence along the southerly line of said Lot No. 2 south 81 degrees 34
minutes 57 seconds east 184.88 feet to a rebar set on the westerly line
of lands of R. Edward and Janis Huntington; thence along the westerly
line of said Huntington and westerly line of lands of Richard E. and
Deborah L. Huntington south 15 degrees 28 minutes 28 seconds east 413.50
feet to a rebar found on the northerly line of lands of Robert Dean and
Lori Ann Kelchner; thence along the northerly line of said Kelchner
south 84 degrees 40 minutes 46 seconds west 66.27 feet to a point;
thence along same and along the westerly line of Elizabeth A. Vanatta
south 06 degrees 16 minutes 32 seconds west 245.40 feet to a rebar found
on the northerly line of lands of Anthony M. and Paula C. Nespoli;
thence along the northerly line of said Nespoli north 67 degrees 51
minutes 10 seconds west 13.19 feet to a point; thence along same south
06 degrees 02 minutes 54 seconds west 433.12 feet to the place of
Beginning.
containing 7.2338 acres.
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A. T. SECURITY
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LAW OFFICES
RUPP AND MEIKLE
HERBERT G. RUPP, JR.
RICHARD C. RtlPP
A PROFESSIONAL CORPORATION
355 NORTH 21ST STREET, SUITE 205
CAMP HILL, PA 17011
(717) 761-3459
E-MAIL: RUPPLAW1@AOL.COM
MAILING ADDRESS
P.O. BOX 895
CAMP HILL, PA 17001-0395
ANN MEIKLE ERIKSSON (1954-82)
January 13, 2003
TELEFAX: (717) 730-0214
E. Robert Elicker,
Divorce Master
Court of Common Pleas of Cumberland County
9 N. Hanover Street
Carlisle, PA 17013
RE: Kristi L. Nutaitis v. Theodore J. Nutaitis
Court of Common Pleas of Cumberland County
No. 2000 - 6578, Civil Action, In Divorce
Dear Master Elicker,
Please find enclosed for filing with your office the Inventory and
Appraisement, the Income and Expense Statement and the 1920.33
Statement of Theodore J. Nutaitis in the above captioned divorce action.
Thank you for your attention to this matter.
Yours sincerely,
Attorneys for Defendant
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KRISTI L. NUTAITIS
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-6578
Ill~!07f
THEODORE J. NUTAITIS
Defendant
: CIVIL ACTION - LAW
: DIVORCE
INCOME AND EXPENSE STATEMENT OF THEODORE J. NUTAITIS
INCOME
Employer:
Address:
Action Abstract Associates
140 New Street
Muncy, PA
Abstractor, title abstract firm
Biweekly
Type of Work:
Pay Period:
Gross Pay per period
$ 1,346.15
ITEMIZED PAYROLL DEDUCTIONS
Federal Withholding
SEP
Local Wage Tax
State Income Tax
Social Security
Medicare
Child Support
158.00
40.38
13.46
37.69
83.46
19.52
262.64
Net Pay:
731.00 bi-weekly
Net Pay per Month:
1,583.83
Child Support Payment/Month:
525.00 (already deducted to
Calculate net pay)
Other Income:
Military Retirement
VA Military Disability Retirement
695.00
524.00
Rent on Marital Residence
712 Second Street New Cumberland PA
765.00 net /entirely paid on
mortgages on said property
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Theodore J. Nutaitis
820.00
10.00
575.00
495.00
62.00
50.00
15.00
10.00
83.00
60.00
30.00
50.00
33.00
23.00
20.00
50.00
250.00
60.00
28.00
20.00
50.00
50.00
24.00
24.00
14.00
200.00
40.00
30.00
40.00
Total $ 3,216.00
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Monthly Expenses
Approximately:
Mortgage
House maintain.
Child Support
Home Equity Mtg.
Visa - NFCU card
Auto Insurance
Auto maintain.
Personal Taxes
UGI - budget plan
PPL
Local Phone
AT&T
Cel: phone
Sewer & Trash.
Water
Gasoline - vehicle
Food / Groceries
Lunches
Cable
Drycleaning
Wife's medical bill
Sears account
PSECU account
Discover card
Haircuts
Legal Fees
Eyes/ Contacts
Entertainment
Clothing
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VERIFICATION
I, the undersigned, attorney for Defendant, am famiiiar with the facts
in the foregoing document and verify the averments in the foregoing
document are true and correct to the best of my knowledge, information and
belief, and the source of my information as to matters not stated upon my
knowledge is based on information known to me or from information from
the Defendant. I am making this verification on behalf of the Defendant
because Defendant is out of the Court's jurisdiction and is not available to
sign the Verification in time for filing.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. 4909 relating to th orn f
authorities.
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CERTIFICATE OF SERVICE
AND NOW, this 13th day of January, 2003, I hereby certify that I have
served a copy of the within document on the following by depositing a true
and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania,
postage prepaid, addressed to:
Bruce D. Foreman, Esquire
Nicholas & Foreman
4409 N. Front St.
Harrisburg, PA 1711 0-1709
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C. Rupp, Esquire
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KRISTI L. NUTAITIS
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
fIN'D7't
: NO. 2000-6578
THEODORE J. NUTAITIS
Defendant
: CIVIL ACTION - LAW
: DIVORCE
INVENTORY OF THEODORE J. NUTAITIS
THEODORE J. NUTAITIS files the following Inventory of all property
owned or possessed by either party at the time this action was commenced
and all property transferred within the preceding three years.
THEODORE J. NUTAITIS verifies that the statements made in this
Inventory are true and correct. He understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
ASSETS OF PARTIES
THEODORE J. NUTAITIS makes on the list below those items applicable
to the case at bar and itemizes the assets on the following pages.
(X) 1.
(X) 2.
( ) 3.
( ) 4.
( ) 5.
( ) 6.
( ) 7.
( ) 8.
( ) 9.
( ) 10.
( ) 11.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
( ) 16.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender value
and current beneficiaries)
Annuities
Gihs
Inheritances
Patents, copyrights, inv~tions, royalties
Personal property outside the home
Business (list all owners, including percentage of ownership,
and officer/director positions held by a party with
company)
Employment termination benefits - severance pay, worker's
compensation claim/award
( ) 17.
( ) 18.
( ) 19.
( ) 20.
( ) 21.
( X) 22.
( ) 23.
( X) 24.
( X) 25.
( ) 26.
.....
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Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests)
Retirements plans, Individual Retirement Plans
Disability payments
Litigation claims (matured and unmatured)
Military / V.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personal (include as a total
category and atlach itemized list if distribution of such
assets is in dispute)
Other
MARITAL PROPERTY
THEODORE J. NUTAITIS lists all marital property in which either or both
spouses have a legal or equitable interest indivually or with any other
person as of the date this action was commenced:
Item
Number
1.
1.
1.
2.
Description
of ProDerty
Names of
All Owners
Marital home at 710 2nd St,
New Cumberland, PA 17070
2-story brick cape cod style
3 or 4 bedrooms, 1 '12 baths,
finished basements, central
air
Husband and
Wife
Real property undeveloped lot
located in the Township of
Briar Creek, Columbia County,
being approximately 7.2338 acres
Husband
Real property at 125 Walnut St.,
Wife/Wife's
parents
Lemoyne, PA
Motor Vehicle - 1993 Buick
Kia Sportage
Wife
Husband
2
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6.
US Savings Bonds - $600 face
value
Husband and
Wife
25.
Household furnishings
See attached listed
Husband and
Wife
NON-MARITAL PROPERTY
THEODORE J. NUTAITIS lists all property in which a spouse has a legal
or equitable interest which is claimed to be excluded from marital property.
Item Description
Number of Property
Reason for
Exclusion
22. $1,200 per month retirement
Theodore J. Nutaitis
Excluded by law
PROPERTY TRANSFERRED
NONE BY DEFENDANT
Real property transferred by Plaintiff
LIABILITIES
Item
Number
Description
of Property
Names of
All Creditors
Names of
All Debtors
24. Mortgage on Marital Home Chase Manhattan Husband and
Mortgage Company Wife
24.
Mortgage on Marital Home Commonwealth Bank
Northern, Va
Husband
and Wife
24. Liability of both parties paid by Defendant
3
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Household Furnishinas of
Kristi L. Nutaitis and Theodore J. Nutaitis
Kristi Nutaitis
Sleeper sofa
Coffee tables
Hutch
Small kitchen table
Two televisions
Bed
Child's computer
Microwave
Upright freezer
Dishes - pots/pans I
Washer I
Marble Top Table - inllerlted from Grandparents
Ice box - inherited from grandparents
Small Christmas lighted reindeer and sleigh
Lawn mower (borrowed from parents)
One half flatware
Theodore Nutaitis
Two sofas
Two chairs
$900 Generator gas grill
Refrigerator
Dryer
Living room table
Dining table with 6 chairs
Four televisions
Three VCRs
Stereo
Two Dressers
Headboard
Two night stands and lamps
One half flatware
Large lighted reindeer
Over head lamp (floor)
4
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nA .,. J ,.:' LJ J BROKER NETWORK
5248 Lycoming Mall Drive, Montoursville, PA 17754 (570) 368-1003 or Fax (570) 368~8jj3;.~-~~"
June 7, 2002
TheodoreJ.~utilltffi
RR#2 Box 233
Berwick, P A 18603
Re: Market Analysffi
Dear Mr. ~utilltis:
Thank you for the opportunity to preview your property located in Braircreek Township,
Columbia County. I have cdllected information to enable me to offer some opinions, that may be
helpful determining a value to market your property.
Parcel # 07-01-078-02 DB/PG 603/837 ffi described as 7.23 acres, boarding SR 0093. The
County of Columbia has assessed this parcel for $8,953. This would seem to be a conservative
value, considering the size of this parcel, and the location. ~ormally you would experience
appreciation since the area has modestly improved. However, there are issues, such as no wning
that impair the marketability of the property.
Since there is no deeded right-of-way, it could be difficult to acquire a permit from the State if
your property is not conforming to the necessary requirements and it may be costly if you were
to purchase from an adjacent landowner. Deferred maintenance has jeopardized the integrity of
the structures. (It would seem this ffi a liability to the parcel and the cost to raise the buildings,
may be excessive) The topography offers little or no drainage, thus creating wetlands, which
may prevent future construction or excessive cost to improve the drainage. The other costs that
influence the value are the clearing of the land, and installation of the septic, well, and utilities.
~oting these deficiencies, it appears this parcel could be marketed to the adjacent landowners for
recreation or privacy. The ~ficiencies limit the value and may make it difficult to sell. In my
opinion, the property could be marketed for $1,200 per acre, however you may want to consider
or entertain an offer for less.!
If you have any questions please do not hesitate to write or call.
Sin~L
dLon Allen
Realtor
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VERIFICATION
ft, the undersigned, attorney for Defendant, am familiar with the facts
in the foregoing document and verify the averments in the foregoing
document are true and correct to the best of my knowledge, information and
belief, and the source of my information as to matters not stated upon my
knowledge is based on information known to me or from information from
the Defendant. I am making this verification on behalf of the Defendant
because Defendant is out of the Court's jurisdiction and is not available to
sign the Verification in time for filing.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. 4909 relating to the unsworn alsifica.
authorities.
Date:
1(1? IC3
Richard C. Rupp, Esquire
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CERTIFICATE OF SERVICE
AND NOW, this 13th day of January, 2003, I hereby certify that I have
served a copy of the within document on the following by depositing a true
and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania,
postage prepaid, addressed to:
Bruce D. Foreman, Esquire
Nicholas & Foreman
4409 N. Front St.
Harrisburg, PA 17110-1709
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KRIST! L. NUTAITIS
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
II/~~/a*
.
.
: NO. 2000-6578
THEODORE J. NUTAITIS
Defendant
: CIVIL ACTION - LAW
: DIVORCE
DEFENDANT'S 1920.33 STATEMENT
AND NOW comes THEODORE J. NUTAITIS, Defendant, by and through
his Attorneys, RUPP AND MEIKLE AND RICHARD C. RUPP, ESQUIRE, and files
this STATEMENT as follows:
1. The Defendant, Theodore J. Nutaitis, is filing and Inventory and
Appraisement, a copy of which is incorporated herein by reference and
made a part hereof. Also, the Defendant is filing with the Court his
Income and Expense Statement, a copy of which is incorporated herein
by reference a made a part hereof.
2. A copy of Defendant's current proposed Schedule of Distribution of the
marital assets of the parties is attached hereto and incorporated
herein by reference and made a part hereof.
3. The Defendant proposes the Defendant's proposed Schedule of
Distribution on the basis of the following:
3A. The Plaintiff and Defendant left the marital residence at which
time although the residence in New Cumberland was worth more
than $100,000, it is believed, the mortgages signed by both
parties exceeded the value of the real estate.
3B. Since the parties' date of separation, it has been the Defendant's
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responsibility to maintain the property, to continue its mortgage
payments, both the original mortgage as well as a second
mortgage on the property, and the real estate taxes for the
property.
3C. Following Defendant moving out of the marital residence, the
Defendant has been able to receive some income from the
property by reason of renting the property out with the PlaintiWs
permission, but this rental income has not covered all of the
expenses, taxes and mortgages for the parties' marital property
in New Cumberland and Defendant is entitled to a credit for
reimbursement from PlaintiH for these dollars that exceed the
rental income for the property.
3D. It is still believed that the mortgage debt against the property
exceeds the sales value of the parties' marital residence. The
mortgage debt was incurred by an original mortgage and then a
second mortgage, which the PlaintiH arranged, whereby it
consolidated the parties' individual debt, both for the PlaintiH
and the Defendant. The debt consolidated for the PlaintiH
included her Discover credit card balance of approximately
$6,274.18, her Dauphin Deposit loan of approximately
$3,658.50, her CitiBank loan of approximately $4,064.47, her
Chase Manhattan loan of approximately $9,852.71. Said second
mortgage loan consolidated the Defendant's debt as well
including his Wachovia Bank debt of $5,670.00 and a separate
account of $2,252.00, his Sears account - $2,750.00 and his Navy
Federal Credit Union Account of $4,056.00.
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3E. The Plaintiff is working as a administrative assistant for a
security fU'm. The Defendant is working as a niaanager of a title
insurancel firm.
3F. Both parties are still young and are still working and both have
significant opportunities to acquire additional assets.
3G. With respect to the parties' income, the Defendant retired from
the military and is receiving part of his pension in the form of
disability pension income from the United States Military. It has
been argued and continues to be argued by Defendant that this
income is excluded and exempt from any form of attachment by
the Plaintiff.
3H. Currently at this time, Defendant is paying $525/month for child
support to the Plaintiff for their child. Their child is Sara Nutaitis,
born 2/14/93.
31. The Defendant believes and therefore avers that the Plaintiff has
the expectancy of a large inheritance from her parents estimated
to be worth over $100,000 from her share from her parents.
3J. The Defendant owns a piece of property which is unimproved in
Briar Creek Township, Columbia County, containing
approximately 7.23 acres and has been assessed at around
$8,900. It has also been appraised and due to deficiencies, has
apparently a top market value of $1,200 per acre. Attached
hereto is a realtor's letter from Realty World which is
incorporated herein by reference.
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3K. The parties were married for approximately 7 years before
separation. They were married on 11/14/92.
3L. It is believed that the Plaintiff owns or owned during the
marriage other properties and real estate which she has
transferred out of her ownership and we will be pursuing an
investigation of that issue.
4. The Defendant reserves the right to modify this 1920.33 Statement and
Defendant's Schedule of Distribution or address any other issues that
might be presented by Plaintiff and this proposed Schedule of
Distribution is for the purposes of settlement only.
5. As the parties were attempting to settle this matter amicably, no
discovery was issued, but Defendant has requested that Defendant's
counsel issue discovery with respect to this matter.
6. The parties have split their personal property and it is not believed
that there is any further personal property to distribute at this time.
7. It is the Defendant's position that both parties work, the assets are
relatively small, and that there should be no award of reasonable
attorney's fees to either party.
8. The Defendant anticipates calling Realtors as expert witnesses, also a
pension expert, including an expert to discuss the exclusion by law of
the military disability pension, probably Mr. Harry Leister, if available,
and if a pension evaluation is required.
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9. The exhibits the Defendant intends to introduce at trial are documents
contemporaneously or previously filed of record in this matter,
previously filed of record in the APL/support matter, real estate
appraisals obtained for each property by Defendant, the mortgages
for the real estate properties, the expenses, the taxes, the rental
income, and all other documents which relate to either the marital
residence or the other properties owned by the parties.
10. With respect to the Defendant's pension, the military disability portion
of his pension is excludable by federal law from any type of attachment
for support or alimony. Further, the Defendant was in the military
before he married and a good portion of the pension is non-marital.
Furthermore, Defendant's military pension has no equity value and
cannot be borrowed against.
RESPECTFULLY SUBMITTED,
RUPP AND MEIKLE
By:
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PROPOSED SCHEDULE OF DISTRIBUTION BY DEFENDANT
1. Each party retains the personal property and vehicles each party left
the marriage with.
2. Plaintiff to reimburse Defendant his expenses to maintain the
mortgages and the real estate taxes which exceeded the rental income
from the property, the property to be sold and each party responsible
for half of the debt following payment of credit from Plaintiff to
Defendant for expenses which exceeded the rental income for the
marital residence.
3. There should be no attorneys' fees awarded.
4. There should be no alimony awarded.
5. There should be no other distribution of assets following the sale of the
residence, the repayment of Defendant's excess payments and the
payment of half the debt by each party.
6. Any non-mortgage debt in each party's sole name should remain the
responsibility of that respective party.
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5248 Lycomin~ Mall Drive, Montoursville, /Ai7754 (570) 368-1003 or Fax (570)368~8J33
June 7, 2002
Theodore J. Nutaitis
RR#2 Box 233
Berwick, P A 18603
Re: Market Analysis
Dear Mr. Nutaitis:
Thank you for the opportunity to preview your property located in Braircreek Township,
Columbia County. I have collected infonnation to enable me to offer some opinions, that may be
helpful determining a value to market your property.
Parcel # 07-01-078-02 DBIPG 603/837 is described as 7.23 acres, boarding SR 0093. The
County of Columbia has assessed this parcel for $8,953. This would seem to be a conservative
value, considering the size of this parcel, and the location. Nonnally you would experience
appreciation since the area has modestly improved. However, there are issues, such as no zoning
that impair the marketability of the property.
Since there is no deeded right-of-way, it could be difficult to acquire a pennit from the State if
your property is not conforming to the necessary requirements and it may be costly if you were
to purchase from an adjacent landowner. Deferred maintenance has jeopardized the integrity of
the structures. (It would seem this is a liability to the parcel and the cost to raise the buildings,
may be excessive) The topography offers little or no drainage, thus creating wetlands, which
may prevent future construction or excessive cost to improve the drainage. The other costs that
influence the value are the clearing ofthe land, and installation of the septic, well, and utilities.
Noting these deficiencies, it appears this parcel could be marketed to the adjacent landowners for
recreation or privacy. The deficiencies limit the value and may make it difficult to sell. In my
opinion, the property could be marketed for $1,200 per acre, however you may want to consider
or entertain an offer for less.
If you have any questions please do not hesitate to write or call.
Sinv~/
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~~~on Allen
Realtor
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VERIFICATION
I, the undersigned, attorney for Defendant, am familiar with the facts
in the foregoing document and verify the averments in the foregoing
document are true and correct to the best of my knowledge, information and
belief, and the source of my information as to matters not stated upon my
knowledge is based on information known to me or from information from
the Defendant. I am making this verification on behalf of the Defendant
because Defendant is out of the Court's jurisdiction and is not available to
sign the Verification in time for filing.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. 4909 relating to the unsworn falsification to
authorities.
Date:
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CERTIFICATE OF SERVICE
AND NOW, this 13th day of January, 2003, I hereby certify that I have
served a copy of the within document on the following by depositing a true
and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania,
postage prepaid, addressed to:
Bruce D. Foreman, Esquire
Nicholas & Foreman
4409 N. Front St.
Harrisburg, PA 17110-17
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
, PENNSYLVANIA
KrlShL /\./uJQI1-t&
Plaintiff
Vs
T h r> 0 C1 0 re. J.- t\-) ulcu hs l.r~
Defendant
O[)- (Y57 g
File No.
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff I defendant in the above matter,
[select one 6y marking "x"]
_ prior to the entry of a Final Decree in Divorce,
or ~ after the entry of a Final Decree in Divorce dated 5).. I L/ - ~,3
hereby elects to resume the' prior s).lmame of P odg e.. , and gives this
written notice avowing his lherrbtention pursuant t91}te proyisionrof 54^:::~ 7~ _ _
Date: cr. I ~-o 3 l5u~~ tV fA.1P--c1Jd
. Signature
('~f,i~~
COMMO~TH OF PENNSYLVANIA )
COUNTY OFC.\.J..W\bnrl ,,)v-d
On the I,)J-dayof ~y(}~ , 200Q}before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he I she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
~ --
tJ~a
Notary Public
aNliat~
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Bora, Cumberland County
My Commission Expires April 4, 2005
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