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Home My WebLink About01-1041 FX . ,. . . . . .. ~ ~ ~ ~ ~ ~ ~ ~~ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . JOHN R. KUTSCH, . . . . . NO. 01-1041 CIVIL Plaintiff VERSUS l\NTONIAM. GALONSKI, Defen<lant IN DIVORCE DECREE IN DIVORCE AND NOW . i:. C( ~ >V {JJ1 ~ ~v . , , IT IS ORDERED AND . . . ~ DECREED THAT JOHN R. KUTSCH , PLAINTIFF, ANmONIA M. GALONSKI AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of t4e Master's Stipulation dated August 27, 2002 are incorporated but not merged into this Decree in Divorce. . . . ~ "':+: '" '" Of. J, PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t--,. ,', 1""'~ .~~~~_.kl~<ih1Illii1il..~~\ilS.- .~.~ !Z~-~ ~ ';;i!p ~ ~~ >~? /'W ~. qL- ~'-::'c'-"t~:~~u,_,_"~~,,,,~ ,,'", ""'''~,_''''''_'l'<F,,,,,"~__,,,,,,,-,J_.-,,~,~_",".,,,,,,,,,,,_,_"__,,, ..~ A;Y<'>~"<,. _o~"r. --.fVl~''',,".r _, ,_ ,,' ~__ '" _, __ ~ ,-~_~ __ ,. I.. -- ltil (:"0 !... 17/ ei?, L.' t?/ -- ~- ", ' . 'I '. Mr' -"....- --. -"~ " "~ <0. ,'.J ~ " _ "'---- ,- '~""'-I -' _ ,,,.. ~'--'" ~- ""'~--- ,~'-'" ~ ., -'t'-- JOHN H. BROUjOS HUBERT X, GILROY BROUJOS & GILROY, p, c. A1TORNEYS AT LAw 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTERNET: brgilroypc@aol.com NON-ToLL FOR HARIusBURG AREA 717-766-1690 February 27, 2002 E. Robert Elicker, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Kutsch v Galonski Dear Bob: Enclosed is Ms. Galonski's Pre-Hearing Memorandum in the above matter. I will look forward to hearing from you with respect to a proposed date on the preliminary conference. Sincerely yours, nLy dca Enclosure cc: Antonia M. Galonski Carol J. Lindsay, Esquire , 1-, _' ,,1"0' "'1"1,' ,", '''' --;-~,. ,- ~~i JAMES D, FLOWER JOHN E, SLIKE ROBERT C. SAlDIS GEOFFREY S, SHUFF JAMES D, FLOWER, JR. CAROLJ, LINDSAY JOHNNAJ, KOPECKY KARL M, LEDEBOHM JOSEPH L. HITCHINGS THOMAS E, FLOWER FORREST N, TROUTMAN, II LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: (717) 243-6222, FACSIMILE: (717) 243,6510 EMAIL: atlorney@ssfl.law.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE March 1, 2002 E, Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Kutsch v. Galonski No. 01 -1041 Civil Term Dear Mr. Elicker: Enclosed please find Plaintiff's Pre-Trial Statement in the captioned matter, Very truly yours, CJUljb Enclosure cc: John Kutsch (w/encl) Hubert Gilroy, Esquire (w/encl) .,,-, -I"-J_, u -0--' .-' I ,',-_ '.-,~ili'_I' <;-~,,-" k-. '. _ _". ",:a '.'"_ - _ __", " JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S, SHUFF JAMES D, FLOWER, JR. CAROLj, LINDSAY jOHNNAj, KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N, TROUTMAN, II LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243,6222, FACSIMILE: (717) 243,6510 EMAIL: attorney@ssfl.Iaw.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE March 28, 2002 E, Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Kutsch v. Galonski No. 01 -1041 Civil Term Dear Mr. Elicker: Thank you for your and Traci's help in trying to schedule the necessary continuance of the pre-trial conference in this case, We are all in agreement that the pre-trial will be held on April 10th at 9:00 a,m, on the condition that you recuse yourself from the April 9/10 hearing presenting scheduled, If you do not recuse yourself, then we will hold the pre-trial conference at 10:00 a,m, on April 19, 2002, Thank you for your help, Very truly yours, SAlOIS, SHUFF, FLOWER & liNDSAY, P,C, " [M- Carol J, Lindsay CJUtjb cc: John Kutsch Hubert Gilroy, Esquire ,-. " " "- 'j:n..i4il~~" JAMES D, FLOWER JOHN E, SLIKE ROBERT C. SAIDIS GEOFFREY S, SHUFF JAMES D, FLOWER, Jll.. CAROLj, LINDSAY . ..,' jOHNNAj.KOPECKY KARL M, LEDEBOHM JOSEPH L. HITCHINGS THOMAS E, FLOWER FORREST N, TROUTMAN, II LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY APRO~~IONALCORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243,6222 ,FACSIMILE: (717) 243-6486 EMAIL: clindsay@ssfl.law.com www.ssfl-Iaw.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737,3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE February 1, 2002 Hubert X. Gilroy, Esquire BROUJOS & GILROY, P,C, 4 North Hanover Street Carlisle, PA 17013 RE: Galonski v. Kutsch Dear Hubert: This letter will simply remind you of our telephone conversation a few weeks back during which we both believed that we had provided discovery certification to the Master. It appears that the Master never received your certification, Would you kindly forward it to him so he can order Pre-Trial Statements, Thank you for your help, Very truly yours, SAlOIS, SHUFF, FLOWER & LINDSAY, P,C, Carol J, Lindsay CJUtjb cc: John Kutsch E. Robert Elicker, Master .- ~" , .. ,- . . , ,. _ .. I -~, . ~ < t" _'"'.I"""'""";"'"_."'_"''--'~ >~""<".-",, -,- ." ,",.,.."..{,.,.~" "., 'j~irl~<! JOHN H. BROUjOS HUBERT X. GILROY BROUJOS & GILROY, p,c. A1TORNEYS AT LAW 4 NOR1H HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243,8227 jbroujos@broujosgilroy.com hgilroy@broujosgilroy.com NON' TOLL FOR HARRIsBURG AREA 717-766,1690 May 31, 2002 Robert E. Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Kutsch v Galouski Dear Bob: A hearing is scheduled before you next Monday on date of separation issues in the above case. Attorney Lindsay and I have been working out details on a settlement on those issues. We have reached an agreement for purposes of a date of separation for the divorce itself and a different date of separation to be used for purposes of valuing marital assets. Carol and I will appear next Monday and put that Stipulation on the record, We do not intend to bring our clients. We would also like to take the opportunity of consulting with you at that time relative to some of the economic issues in this case. Also, as I indicated to you, I have been summoned to York for an Oral Argument starting at 8:30 a,m, We agreed that our conference at your office with you, Carol and me could start at 10:30 a,m. I will call from York if I am running any later than 10:30 a.m. Sincerely yours, Hubert X. Gilroy dca cc: Carol J. Lindsay, Esquire Antonia Galonski , -,'" . ~" - ',0.,'. - 1<.-- , ,-~-, -. - ''i- _I " , "'f," "-,~ j'utniillf'\., John R. Kutsch, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Antonia M. Galonski, ; NO. ol-IDY( CIVIL TERM : IN DIVORCE Defendant NOTTl:R TO nRFRNn ANn l:T ,A TM RH1HT~ You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990 For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 "',,^_.,,Iu,j '''''-'''"'j "'_, ,.~I,'.;,,~.' .-1_-+'" __-_',--, ,~"-__" ,_^.._~'__"",_{ ^',-/_ ,.-.';:,,,- c~:.i.;'."-O'ij: John R. Kutsch, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- /0'1/ CIVIL TERM Antonia M. Galonski, : IN DIVORCE Defendant r,OMPT ,A TNT TN nTVOR r,F. COUNT I - DIVORCE (Section 3301(c)) 1. Plaintiff is John R. Kutsch, presently residing at 45 West I Street, Carlisle, Cumberland County, Pennsylvania, 17013, 2, Defendant is Antonia M, Galonski, presently residing at F22 Shirley Lane, Mercer County, Lawrenceville, New Jersey, 08648, 3, Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married August 18, 1979, 5, There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction, 6, Neither party to this action in divorce is currently a member of the Armed Forces of the United States of America, 7, Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8, The marriage between the parties hereto is irretrievably broken, 2 " , , ~ -~ I' '_'",, _ .1' '~'~'I-' - ,""' ~.",'''''".,. <,j~-',~~;~,.--0,_~~"""," ~_< ;"""'^~_ WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, COUNT II - DIVORCE (Section 3301(d)) 9. Plaintiff incorporates by reference the averments set forth above, 10, The parties have been separated for a period of more than two years, WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, Respectfully submitted, ~/{Of BY: Samu ilkes JACOBSEN & MILKES 52 E. High Street Carlisle, P A 17013 (717) 249-6427 (717) 249,8427 - Fax Attorney No. 30130 1 1 __ . . - ',~ - ) . ,,,1-"" r'.' '.--.".:;S VERIFICATION I hereby verify that the statements made in the foregoing 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, Q~'p( Pft:Lk z!0"HN R. KUTSCH 4 1iI.iiri~J;'!i:!;.~~~~~IIiaHi~Ir/;\!lIUilWi_~jll&\\!1.:ilili~mI11il.lj~i"iilddi.iiF ~ 1 ^'kJ',"~ -, ',-o.;:..~_rl . .'-"'f '~~,- " i ., 'I i . I I il 'I il 1 I! il 'I j! 'I i J I! " :1 i , I .:J;::> ~ (':::::, (") ,.. 1"'. -- ~i -q .~ ~ '1:")',' ~--1 '- ..,J ~c--. L~,,) () 0') V'/ ...<"- ;',,) ....J V) " (r) r ~'" .l.1 c ~"<:. ~ " <;: Vj f=; ...s:, V 0 L:1 VI -. \j.) _~.--" r-. .:t->i "'" ~~-~ '-l) ~ ~, I ?.: ::-, '?5 :;.:: (;:) 5" ~ J. __",,__ ~. _ c."~<. "",,< ,I .._ _ ., ,.. ,,-^ ~--~ - -~ ., .",.. _'A_ ,H" ___~~ =. -~=-"'jJ'L . John R. Kutsch, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 1041 CMLTERM Antonia M. Galonski, : IN DIVORCE Defendant CF.RTTFTCATF. OF ~F.RVTCF. I, Shelley Eichelberger, hereby certify that a true and correct copy of a Notice To Defend Rights and Claim Rights and a true anll correct copy of a Complaint In Divorce Under Section 3301(c), was duly served for the Defendant, Antonia M, Galonski, by a registered letter deposited in the U,S. Mail on February 22, 2001, addressed as follows: Antonia M, Galonski F22 Shirley Drive Lawrensville, NJ 08648 And further that this attached card demonstrates that on February 24, 2001, the Defendant was served, I hereby verify that the statements made in the foregoing are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3/ liD I \ .:J!j~ rtc [r j (fJ jH~ SHELLEY HELBERGER <;; 'D -; 11 .. -5 a II I A,,~o,,~G... {'(\, G-c\Of'\4:,Y...,- 8 *?'d.~ S~~\\~j u('~~~ ~ L.o..wre.AS v i\k,\ ('i::r O~(cL-\2 I also wIsh to receive the following services (for an extra fee): 1. 0 Addressee's Address O(certilied o Insured o COD 81 ~' rll 'Ii. 3/.5'1 ~ " '" '" " ~ 2' " ~ J :s ~ !II. . : ...,: " : ,.....-!. .".. - - ~ U S, Postal s";'';'; - - - - "* CERTIFIED MAIL RECEIPT (Domestic Mail Only; No 'rn:urance C:overage Provided). m Receipt U1 r'l fT\ IT" t:l f'- U1 r'l pos.tage S P\ Cartifi.ad Fea r:r Return ReceIpt Fee CJ {Endorsement REKluJred) CJ Resirfcte{i Delivery Fee Cl (Endorsealeclt Required) Total. Postage & Fees t:l ru .~ nJ Name (Please Print Clearly) (To b9 cO'fpletod by mailer) , fT\ ..&~:o. ('f\, l..-c.\Oo.$_~,..__....... [J"'" Street. Apt. No.; or PI( SO)( No. . tI"' ,.,E:::;;t.d___..5:'c.:.r:\!.,:j...Dn:H----,---- R CI'etale, ZiP, 4 f"S -J : \I.. '{\"T 0 :.. .~ J' . ~ . ~~i-~lI '''~~m-'~~Ii"="-''-N_1&~-' ; . ~ . ~ . ~ 1l1-~ J's3 0- ,q 0- .-- cr, ~ 1.2:; , c:: .- c-~ <s 0:. ,c-.. .<>J ~ -t ~ u c') L. ~ :':-- G ~ ~ "" C:C:l .-'- .,~:': ') d ':) .. ~. . ~.J _~__~ _~~,v,' _~,_~ ... ~ ~~ ."., . "--".~'''',-.- '~~.-,;..~...... -. . , ~: ,~ ',",-. " f . ' ..,., fLCc-'_ --'=-' ;..",,~_"_ _'".."...",~" ---'-'" ... . I JOHN R. KUTSCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01-1041 CIVIL TERM ANTONIA M. GALONSKI, Defendant : IN DIVORCE ANSWER TO COMPLAINT Defendant, Antonia M, Galonski, by her attorneys, Broujos & Gilroy, P,C" sets forth the following in response to the Complaint in Divorce filed in the above matter: COUNT I - DIVORCE (Section 3301(c)) 1 Admitted. 2 Admitted, 3 Admitted, 4 Admitted, 5 Admitted, 6 Admitted, ,"-,.-:,~- . ~ 7 Admitted that Defendant has been advised that marriage counseling is available, By way of further answer, Defendant requests that marriage counseling be ordered in this case as allowed by Pennsylvania law, 8 Denied, WHEREFORE, Defendant requests your Honorable Court to dismiss the complaint in divorce, COUNT II DIVORCE (Section 3301(d)) 9 No responsive pleading is required, 10 Denied, WHEREFORE, Defendant requests your Honorable Court to dismiss the complaint in divorce, Respectfully submitted, Hubert X, Gilr ,Esquire Attorney fo efendant Broujos Gilroy, P.C, 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 '";,h\ .. J I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A. C,S, Section 4904 relating to unsworn falsification to authorities, DATE: 3}:J..}o/ / ' Q~Q~ i;' '>~""..:..',-~--~.~',, "'11"'-''':''' 1iIIiIIt~ "j' i.ili~E!jOOilifu~rnl.~,",e ~ ~";~<--':"I "'. ..1 "" "",. " ..~, ~ -"-1UIl' (') c: If ~8 :Pc: ;:: --! -< ..-,- ~,. .. r.- ,.v "- -'--" c,! :.:.:u ;"~.,) ~_i v :':::-: !,",-, (.:5 ~.u ~ ~-'"I ?E' i .--;C) ~~.~:; () . -'1 2('5 (jiTl -j ~ >-"-," ~'-~ '.,,,,0: ~-- SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSIATlLAW 26 W. High Street Carlisle, P A ."[ . "" - . Ii; "I __~ '-'''' f .^. JOHN R. KUTSCH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW NO. 01 -1041 CIVIL TERM Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN DIVORCE AFFIDAVIT UNDER ~ 3301 (d) OF THE DIVORCE CODE 1. The Parties to this action separated on July 1, 2000 and have continued to live separate and apart for a period of at least two years, 2, The marriage is irretrievably broken, 3, I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties ot 18 Pa, C,S, S 4904, relating to unsworn falsification to authorities, d) ;C J4zf t1 John R. Kutsch Date: t/N/4 '- II 'W '[""'''~'''~~'P~ .~..J."~"'';'W;~<::Ml~JiJ,~!'fi(~ "-"~=--" v. -,~,.;.. _ ,~~ u ". . I~ lc; . ~~.'-- L ,'.- 11 ",'" " ~ ," 2 !<: i!?f(;! ~:i:/ ?:r' Gj-c;~ ;:s "'~ ~t:, ;c: r, :0 be .JC ~ !5 , ~ ~ i1 tl " n 11 ! I I. il " II II ~ " II ;e ~ ~ C"j I'\) 0", :.v '. ~.f1 r3'\ w c;j r!'7 :JJ f'- ,"vn; :IN s;:> 1: :'11~-;;~ C)","J1 "'(<' dit{ j;~f ~ --0;;: ~ ~ . ,--. . I d :, Ii I' II I SAlOIS II SHUFF, FLOWER 'I & LINDSAY AITORNEYS.AT.LAW Z6 W, High Street Carlisle, P A ,.',-,<-,-- , JOHN R. KUTSCH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01 -1041 CIVIL TERM Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER s3301lc) OF THE DIVORCE CODE 1 , I consent to the entry of a final Decree of Divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information arid belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904 relating to unsworn falsification to authorities, Date: " L.......,i'..""-.~llIiW.Miiieii~.~~~J;~ " ~"' """ 'I ,. ", ,,-. .~. ~,. ~, . ~ ,~ ~ .- .. () f'; -;11~~(:' {l':::.. ..<-) ~{? ~-..,- 0{~~'~! j-:.'.. -- -.-1 .-- ., .'-- ,- ,. C.:) i'"'.) G? ,"Tj ~-CJ '''V (~'\ (') -t7 :--1 ;';1FD ."'"3E3 ;,~) -\. Sfi; :,:,);"'! ~.-i ::;;., :x: :"'"1 (::.:; _,'..J -< ~ ~ SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High 81,..e' Carlisle. P A -. ::f -,'>',!' -" ',^" ':'"'1''' " ---"-;''''''1 t._t- ,~-; . _,., ",-"H" ,. _B'L' ",_ _,:"'.; . !' JOHN R. KUTSCH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01.1041 CIVIL TERM Plaintiff V5. ANTONIA M. GALONSKI, Defendant : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, John R. Kutsch, in the above captioned case, .~ . Samuel W. Milkes, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, John R. Kutsch, in the above captioned case, " ~f:"~"'~ .'"",,'~M" C'~&IM~~~~""'~~~~>'l!illiiillll'm~. E5 B~ o.'~. ~.~,~ w,_._~,~.~" li'(~i"iIii.~ " ,,,, ~- - ~'," .=-~,'-' , '" c,-,.., ",.~ t~i I~I IIJ ,:1: \11 i1 1,1 '1" !t ~ II" 11' Ii' "~I r. ,if' ~ a; 1:1 " [11: II' t~, ", ~; i"; " , ~t! ::,: ik' I ' ~ ~ --< ~ ",,,,.,.,,--. , SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A JOHN R. KUTSCH, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 -1041 CIVIL TERM Plaintiff VS, ANTONIA M. GALONSKI, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: J, Lindsay, Esquire 10 4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 II SAlOIS SHUFF, FLOWER & LINDSAY AtTORNEYS-AT-LAW 26 W, Iligh Street Carlisle, P A ;-';'" JOHN R. KUTSCH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01 -1041 CIVIL TERM : IN DIVORCE Plaintiff vs. ANTONIA M. GALONSKI, Defendant AMENDED COMPLAINT IN DIVORCE JOHN R. KUTSCH, Plaintiff, by his attomeys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is John R. Kutsch, who currently resides at 107 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania, 2, The Defendant is Antonia M. Galonski, who currently resides at F22 Shirley Lane, Mercer County, Lawrenceville, New Jersey 08648, 3, The Plaintiff has been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and Defendant were married on August 18, 1979, COUNT I - DIVORCE PURSUANT TO 23 Pa. C.S.A. ~3301{c) and &3301 (d) 5, The marriage is irretrievably broken, 6, Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling, WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing Plaintiff from Defendant. ,. II SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS.AT.LA.W 26 W. High Street Carlisle. P A """ . . ~ ~" I : , , ,,-L<'J" "-~,;[. d ,f , , ".,~ ,,- i.,.." "';",, ;,-,:,"" .' ,,,~-,, '"'-" COUNT" - EQUITABLE DISTRIBUTION 7, The averments of Paragraph 1-6 are incorporated herein by reference as though set out in full. 8. In the course of their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff prays this Honorable Court to equitably divide said property, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Date: 1J~~ 2-7. Zn:::;/ I Carol , i say, Esquire 10# 6 26 West High Street Carlisle, PA 17013 (717) 243-6222 II SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT.LAW 26 w. High Street Carlisle, PA ";;."l. ,; VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa, C,S, S 4904, relating to unsworn falsification to authorities, Date: )Ih~;: ( , ~>>ll ;"'''''''''Wl~~~..iI!llIiltlrn~iB~*~I!i~~iliiiljjU' ,~= _""",.J"_.,.,~<",-,,~_~,__.",~,,,~~,.,,"_" ,. ~~" ,-.. ~, -,- IF ~. ~& ./< ~ ':1 i~ '1 :t J~; " I' ~ 1 d fJ t, ft r! " (") C:> ~ c- .c) '"? ~ ? ;:P ff; ~ n fi :i'''; f::::,) f- ~r , "<.:: ,:r, 8 :?-(., f'V ci5 .." ::-<:'" -0";1, ,-'p '-' ~~~;i -- ~...~I % f! J:';; h "- ?CJ -. ...... "'-c -.;';" -<) :10>2 SJ () ~ (.3eff " N :;:-/ Iv e J "-J ,...J~J 0 -< , .~-~ ',' ,,~_," .""j" ,,~-. .,;?~c _. _ _, _ ,"~,_ ~-. ~> ~" . ,.. JOHN R. KUTSCH I < ~. I ~;~11M.m~" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. . 01, 1041 IN DIVORCE CIVIL 19 ANTONIA M, GALONSKI DATE: I}lrfllO~ ~ 0/ID'09-- (,p 1{ 6'- 8(1.."7(0<- Defendant STATUS SHEET + \AlWllr VYT :~6tl.(n' /~~ '.~ , r\1?4 ~ I " ,,,,I ,~ .,- """';,;. "I ,~, -~ w,. ," <-,,- ~', .'" ; '>J..,-, ~ , ~, "'i ,. JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE TO: Carol J. Lindsay Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant DATE: Friday, December 7, 2001 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. . , I. . , ; ., . I., ,"-'" ~ -I . "o~,,_ ;...,.', ,-- - ill!i.>i (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. -.- . I ..1,.... . . '," ';. ' v' 'OOl:j~.~,__~!,' JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Carol J, Lindsay , Attorney for Plaintiff Hubert X. Gilroy , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, pennsylvania, on the 13th day of May, 2002, at 9:30 a,m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 3/20/02 E. Robert Elicker, II Divorce Master , . , - . , I .." I "i.-, o,~, ,''''-',~,-,;;, '", ,~,;( , JOHN R. KUTSCH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. ANTONIA M. GALONSKI : NO, 01 - 1041 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: John R, Kutsch Carol J, Lindsay , Plaintiff , Counsel for Plaintiff Antonia M, Galonski Hubert X. Gilroy , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 25th day of February 2003 at 9:00 a,m" at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case, By the Court, George E, Hoffer, President Judge Date of Order and Notice: 8/27/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 J ~ - -~~ '~--1.'_y,,~.';I"""^'''~dk.I'____'' .bw""'''''('~",'_<>' "_'>'0._,'4';,; ',.;"i', c', '"_,_-_,_,~ .,,~;~ ... 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 do COlyer Office Manager/Reporter West Shore 697,0371 Ex!. 6535 February 8, 2002 Carol 1. Lindsay Attorney at Law SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Hubert X, Gilroy, Esquire BROUJOS & GILROY, p,c. 4 North Hanover Street Carlisle, P A 17013 RE: John R, Kutsch vs, Antonia M, Galonski No, 01- 1041 Civil In Divorce Dear Ms. Lindsay and Mr. Gilroy: In response to Mr. Gilroy's letter regarding the discovery matters which were certified to by counsel, I agree that we can go ahead with the pretrial statement directive since counsel are in the process of exchanging information, Hopefully the exchange will resolve all outstanding matters and we can proceed with the issues at the pre-hearing conference, A complaint in divorce was filed on February 22, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. I assume that there are no issues with regard to the obtaining of a divorce and that we will proceed either under Section 3301(c) or 3301(d), On November 27,2001, the Plaintiff filed an amended complaint raising the economic claim of equitable distribution, The Defendant raised a claim for alimony and counsel fees and expenses by petition on December 3,2001. In accordance with P,R.C,P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, March 1, 2002, Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss , "' , ., 'l"''l:t ". ,- , 1- " '.', ~ I' ;-. .. Ms, Lindsay and Mr, Gilroy, Attorneys at Law 8 February 2002 Page 2 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, 0__ , I~ I .'L , ~, " ~, JOHN R, KUTSCH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, ANOTONIA M, GALONSKI : NO. 01 - 1041 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: John R. Kutsch Carol J, Lindsay , Plaintiff , Counsel for Plaintiff Antonia M, Galonski , Defendant , Counsel for Defendant Hubert X. Gilroy * You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 3rd North Hanover Street, Carlisle, Pennsylvania, on the June 2002 at 9:00 day of a,m" at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case, George E. Hoffer, President Judge Date of Order and Notice: 4/11/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LlliERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 * TESTIMONY WILL BE LIMITED TO THE DATE OF SEPARATION ISSUE, ."~' " L " c I. ,'>-' -,".1,-'-'-' ,',_.j 1'__. ~. - "<' ~ ,"';':'- ~"' - ,. ~; JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Carol J. Lindsay , Attorney for Plaintiff Hubert X. Gilroy , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 1st day of April 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 3/11/02 E, Robert Elicker, II Divorce Master ,-I , ~,' ,I, ,-- ,,'r ' "'>' . f JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Wednesday, April 10, 2002 Present for the plaintiff, John R. Kutsch, is attorney Carol J, Lindsay, and present for the Defendant, Antonia M. Galonski, is attorney Hubert X. Gilroy, The parties were married on August 18, 1979, and according to husband separated January 1999 and according to wife separated July 2000. We are going to schedule a date of separation hearing for June 3, 2002. Both parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint was filed on February 22, 2001, raising grounds for divorce of irretrievable breakdown. No economic claims were raised in the complaint. On November 27, 2001, the Plaintiff filed an amended complaint raising the claim of equitable distribution. Wife filed a petition on December 3, 2001, raising claims on her behalf for alimony and counsel fees and expenses. The Master has indicated that with respect to the real estate at F 22 Shirley Lane, Lawrenceville, New Jersey, which has been appraised at $135,000.00, if wife decides that she wants to sell the real estate, she should make that decision by June 3, 2002. Otherwise, the real estate will be awarded to her as part of her equitable distribution. If she decides that she wants to sell the real estate, the cost of sale will be shared by both parties and wife should appear at the hearing on June 3, 2002, with a listing agreement if she has not already provided an agreement for listing to husband previously. We have some issues with respect to both parties as far as the earning capacity and ability to earn income. I am going to ask each counsel to go on the record and indicate their respective positions with regard to those issues involving how they want to proceed with evidence on the issues and in particular with respect to having evaluations done of either or both of the parties by experts. . -;Y~.I ~. ".<,> .0 " . ~ -"-'Kit, . . Also, apparently there is some information that counsel need to share regarding assets that they can also address in the comments. Ms. Lindsay. MS. LINDSAY: By June 3rd, 2002, I would need to have from Mr, Gilroy any evidence which he intends to introduce with regard to his client's medical or other conditions relating to her earning capacity, and I need that evidence so that I can have an evaluation done after June 3rd of Mrs. Galonski's earning capacity and so that the evaluator can have any evidence that exists regarding any alleged difficulties that she might have working. Additionally, for some time we have been seeking the values of three assets that are in Mrs. Galonski's sole control and these are Fidelity IRA Asset Manager; an Investco IRA, No. 93325040; and a Vanguard Treasury account. Mrs. Galonski needs to provide a copy of a statement for those accounts as of December 31, 1998, July 1, 2000, and the present -- most recent statement on those three accounts, To the extent that we can obtain that information sooner, possibilities for settling this case are enhanced and the possibilities for reducing attorney fees are enhanced. MR. GILROY: We sent attorney Lindsay a letter dated February 22, 2002, requesting information on 11 items. We need a response to that in order to prepare the case for a hearing. Based upon a June 3rd time frame, it is my understanding that that response will be given prior to - I , '- ~ "hod", ",-I".,. ,-" '-';'-"";'>< ' "~l!lIIlfL: . . . that time; and along with that, we need information with respect to Mr. Kutsch's efforts to obtain employment at this time. (A discussion was held off the record,) MR. GILROY: Finally, Defendant reserves the opportunity to have an employment evaluation performed on Mr. Kutsch relative to his earning capacity for purposes of alimony and other issues relating to equitable distribution. MS. LINDSAY: One piece of information which may be relevant here, some non-marital assets of Mrs. Galonski, most notably an inheritance from her parent's estate. According to my client he has none of that information, including the docket number, including any of the estate information. I'm requesting that as soon as possible, but no later than June 3, 2002, we receive a copy of all estate documents in Mrs. Galonski's possession. MR. GILROY: Off the record. (A discussion was held off the record.) THE MASTER: Husband resides at 107 Shirley Lane, Boiling Springs, Pennsylvania and wife resides at F 22 Shirley Lane, Lawrenceville, New Jersey 08648. A hearing on the date of separation issue is scheduled for Monday, June 3, - l" c,,__ .0..1 ,;',-; __' ~.' ,- c_. -,' -. .'~"" Ii! . 2002, at 9:00 a.m. Notices will be sent to counsel and the parties. cc: Carol J. Lindsay Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant -i I __ ~~, ,__ _'~ ._Co "_..,...'_L"_ -'-;"_I.._'",'~.~,.;,_,_,';__~,_,~,__,-~,..."-_i'-"'''",, ,,_"""~ __'__'." ",. -,t, JOHN R. KUTSCH, Plaintiff 1'11/by~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01-1041 CIVIL ACTION - LAW ANTONIA M. GALONSKI, Defendant : IN DIVORCE PRE-HEARING MEMORANDUM OF DEFENDANT Defendant, Antonia M. Galonski, by her attorneys, Broujos & Gilroy, P.c., sets forth the following: I. Back2round. Defendant Antonia M. Galonski (Wife) was born on February 5, 1955. Plaintiff John R. Kutsch (Husband) was born on September 9, 1955. The parties were married on August 18, 1979. There were no children born of this marriage. The parties were originally living in Pennsylvania at the time of the marriage and moved to a New Jersey residence at F22 Shirley Lane, Lawrenceville, New Jersey in approximately 1987. The parties have resided there since that time until Mr. Kutsch's relocation to Carlisle. The Husband's general health is believed to be unremarkable. Wife had general satisfactory health until 1998 when she had a double knee injury that caused her disability and resulted in extensive physical therapy. Wife maintains that she still suffers some disability as a result of the pain in her legs. Wife is unable to document this pain through a doctor's report in that her treating physician indicates there are no objective findings to - ,--"'~- '-'o-l_i~,lU~_~I>.;"""I' "''''..' - - ~ ",,,--,,,,,,,.;,,-,;,,,,,,.,..,,,,.,-,,,",, ,. -'~ -.,- --<'!:i! confirm Wife's current complaints. Wife may be seeking a second opinion in light of the results of a recent MRI which suggested degenerative conditions in her legs. Wife has a Bachelor of Science in Elementary Education from 1977 and a Master's in Education received in 1979. She has state certification in reading specialist and other teaching areas. Wife's last employment was in 1988 at Mercer County Community College when she earned approximately $2,160.00. She had prior employment with READS, Inc. as a remedial reading teacher with highest annual income of $12,642.00. Wife's testimony will be that there was an agreement between the parties in 1988 that she would no longer work and maintain the home of the parties. Husband has a degree in business administration from Temple University. Detailed information with respect to Husband's work history will need to be provided by Husband's attorney. In August 1998, Husband went to work with Carlisle Productions, Inc., this relationship being the result of Husband's prior consulting work with Carlisle Productions, Inc. as his former employer farmed him out. Husband remained in the employment of Carlisle Productions, Inc. until July 2001 when he was terminated. Husband's earnings with Carlisle Productions, Inc. reached over $170,000.00 per year. Husband needs to provide detailed information with respect to his current employment situation. Wife believes Husband is still on unemployment. II. Date of Separation. The date of separation is a major issue in dispute between the parties and has been an impediment to any meaningful settlement negotiations between the parties. Husband asserts that the parties separated in January 1999. Wife asserts that separation did not take place until July 2000. Husband received considerable assets between January 1999 2 -- - -~ . - -__I,_~ - :n,"_'__~ , _~"_'_,\'-.' _ d ' ;", 1-..<__ -~ :-,-_';'_'_'h-,,,,_';o'iL{0~_X,,.,,,.;-,-\"~,,,, ;,-,,;. ''TM~ and July 2000 which are subject to dispute in connection with a resolution of this case. Accordingly, Wife recommends that the Master schedule a hearing on the date of separation issue only and, once that issue is resolved, the parties would be in a position to have a more meaningful dialogue in connection with an amicable resolution ofthis case. III. Support - Alimonv. Wife filed a support action against Husband in July of 2001. For purposes of those calculations, the Domestic Relations Office (DRO) determined that Wife had a gross earning capacity of $27,500.00 per year. Husband's earning information suggested that he had made $170,000.00 in prior years but that, as of the date of the August DRO Conference, be was receiving a severance package because he had already been terminated from Carlisle Productions, Inc. DRO came up with a net per monthly income of $7,209.00 for Husband. DRO entered a recommended support amount of $2,218.00 per month at that point. However, upon the severance package running out and Husband not obtaining new employment, Husband was only collecting unemployment in the neighborhood of $415.00 per month. By agreement of the parties, the support order was suspended effective October 2001. Wife is asserting an alimony claim, and the dramatic difference in Husband's prior earnings and Wife's earnings/earning capacity along with the other factors under the divorce code would merit an award of an alimony claim to Wife. However, the calculation for alimony is problematic in light of the llllsban!l's failure to obtain employment over the past eight months, and Wife reserves the right to have Husband undergo a vocational evaluation to come up with an earning capacity for Husband; 3 - . e" , '~ - ,"__.,,___."_,,1 ;~- ,'~,.:i:,;.,1 ",,- ~~'_-,_.j,"~,-'''__''""'X;,','-, ;""", ---c ,t-" ,,~ -,~,:) IV. Assets. Counsel for the parties have been exchanging asset information, some of which is still unclear at this particular time. The final determination on the date of separation will also have an affect on the assets involved in the case. Preliminarily, Wife can address the following assets: A. Real Estate. Husband obtained an appraisal of the real estate for $135,000.00. Wife believes this may be a little high and Wife reserves the right to get another appraisal and seek to maintain residence in the marital home and receive the marital home as part of the distribution. In the alternative, Wife may elect to move out of the marital home at which time the property can be sold. There is a mortgage on the real estate with an approximate payoff of approximately $66,000.00. Monthly mortgage payments are $745.00. B. Investment Accounts. There was an investment account with VanGuard of $90,000.00 or more which Wife understands Husband liquidated in March of 1999. Husband used a portion of the proceeds to purchase a home, and then later invested an additional amount of the proceeds in different investment accounts. Wife has requested details on aU of these transactions. C. Escrow Account. There is approximately $34,000.00 being held in an escrow account. These are proceeds from the sale of the home Husband purchased in March 1999 with the monies from the VanGuard Account. For some reason, Husband is asserting that these monies are not marital property. Wife is asserting these monies are marital property. 4 c_, -,..,," - ~ --, --" ,- '.- '-l", _' ,"' -I ,- ^,"=-, -';.'---~-"-"'-'~ ''- k._""~'~"'''"'-- '" ,,;.c. "",., "-ieJ_'"-" ,~- c' -'!.'~i D. Vehicles. The parties owned a 1994 Ford Taurus, which may need to be appraised. Husband suggests it is worth $5,350.00. The parties owned a Volvo automobile, which Wife retained. Husband suggests it was worth $9,505.00, which Wife suggests it was worth $7,170.00. Also, there was a Porsche automobile which Husband bought in 1999 for approximately $22,000.00 and then sold at a later date. Wife has requested information relating to the details of that transaction and the proceeds of the sale. F. VanGuard Treasury Account. The parties owned a VanGuard Treasury Account which Wife has been using to pay the mortgage and other bills since separation of the parties. The actual value of the account for purposes of a marital asset will, naturally, depend upon a determination on date of separation. With Wife using that account for the payment of the mortgage and other household bills, there is approximately $8,800 left in that account as of the date of this memo. That may change quickly in light of Wife's desire to pay the mortgage. G. Fidelity IRA. The value is $3,247.00 as of December 10, 2001. Wife will obtain an updated statement. H. Invesco IRA Account 93325040. The value as of September 30, 2001 is $26,191.00. Wife will obtain an updated statement. I. Fidelity IRA Account - Husband. Husband suggests a value of $14,153.00 as of September 2001. Updated ~tatements will be requires. J. Van Leer 401J{ Account. Husband suggests a value of $59,839.00 as of September 2001. Updated statements will be required. 5 -- ~ " , ,-~ 'j'- - '-" 'j,-~' ;;--'1' ".,,~ - ~-'i~-"'_ ,_"--.',,.r_...--.-:' H~.". " ..-J'._ ~, K. Invesco IRA Account 9332504I. Husband suggests a value of $28,116.00 as of September 2001. L. Pension Accounts. Husband has a Van Leer Pension account, General Instrument Pension Account and may have an American Management Services Pension, Carlisle Production Pension and MPE Pension. These accounts have not been valued, although Husband has provided some information detailing that at least one pension will have a significant monthly payment upon retirement. Counsel for the parties have discussed this issue, and one of the issues will be whether the pension accounts are valued now and taken into consideration for purposes of distribution or whether the parties will do a QDRO at time of distribution. M. Life Insurance. There was a Southland Life Insurance Policy which was in Husband's control and Wife needs information on. Wife believes the death benefit was $250,000.00. Wife is seeking maintenance of insurance to protect her alimony claim in the event of Husband's death. Wife believes there were also life insurance policies through Van Leer and General Instruments, and Husband may have continued those policies or cashed them out. Wife has requested additional information on those issues. V. Attornev's Fees. Wife has requested that Husband pay ber attorney's fees as part of this litigation. VI. Miscellaneous Issues. Wife suggests the following miscellaneous issues may be appropriate to mention: A. This hearing may not require any expert witnesses depending upon whether Husband has obtained appropriate employment. Also, Wife does not necessarily stipulate with respect to the earning capacity for her as determined by DRO, and this may 6 " , " ~ "' .'-.. .'-;, .1', I ' . ~~.,- '-i. ~. ". . i._ -~,' -,',""4,-, I ~, , '- "~2 be an issue during the economic distribution hearing. Wife asserts that she has made efforts to obtain employment in her field, but she has been unable to obtain that employment. She may be required to accept employment for much less than the $27,500.00 annual salary suggested by DRO as an earning capacity. B. There may also need to be witnesses with respect to the appraisal of the real estate if Wife opts to request distribution of the marital real estate as part of her award. C. Wife may be calling family members and other witnesses with respect to the date of separation issue. D. Wife asserts that Husband may have accumulated assets since date of separation, and Wife believes those assets may be significant in light of Husband's high earnings. Wife has requested details of information on that from Husband's attorney, and Wife suggests that such information may be relevant in the distribution of the marital assets. Respectfully submitted, Hubert X. Gilroy, E uire Attorney for Defe ant Broujos & Gilro , P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 7 ,,,~j.,,,",,..,,,,,,,,-"~~'- , I, , ~ ~ I ~...' ~ '--."n'lJ~tl>lIt!JF;" . .' .-, JOHN R. KUTSCH, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 01 - 1041 CIVIL ACTION - LAW CJ CJ- (-) c: -n ? ,:::'] -0 G.~ ~., 'j fTlf'~ l..J :z: --;,: zr":: , S?s--' c,:" PETITION RAISING CLAIM FOR ALIMONY. COUNSEL FEES AND E~~SE'$:!~~ t=CJ (':J ,,,,c~.f( :Pc "c ~i z -. Defendant, Antonia M. Galonski, by her attorneys, Broujos & Gilroy, P.C., sets10rtfihe ~~ ANTONIA M. GALONSKI, Defendant :IN DIVORCE following: 1 Defendant requests that the court award her alimony after the entry of the divorce decree. 2 Defendant requests your Honorable Court to award her counsel fees, costs and expenses in connection with the resolution of all other issues involved in this divorce action. Respectfully submitted, Hubert X. Gilroy squire Attorney for D cndant Broujos & G' oy, P.C. 4 North Hanover Street Carlisle, P A 17013 (717) 243-4574 Supreme Court ID No. 29943 ~_,-.~ -' SAlOIS SHUFF, FLOWER & UNDSAY A'ITORNEfS-AT-LAW 26 w. High Street Carlisle, P A I.' , . 1 I ~ '-' . ~~~ -I -~~ - ~- JOHN R. KUTSCH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01 -1041 CIVIL TERM IN DIVORCE Plaintiff vs. ANTONIA M. GALONSKI, Defendant AFFIDAVIT UNDER ~ 3301(d) OF THE DIVORCE CODE 1. The Parties to this action separated on July 1, 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and i correct. I understand that false statements herein are made subject to ter p~alties of ~ N ~ 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. iR.~. ~ --l.T Z,:D' G') "11::n t5C' N ~:]Fn -<;2: 0-' ;p Y r::c0c- / i!:.::~, >;-t; /~. -0 ~ ~F.] urn 5 U1 ~ =< 0''\ -< Date: If //<(/4 'L SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA "-',,-', -,[.,; -,' .-._'-_:1-' ,-:1 '''-''''j ;k_1 ,-' ~ .", : - ",~,;.,,;, - '" ,., ;. - JOHN R. KUTSCH, ~/~/6ri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 -1041 CIVIL TERM Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN DIVORCE PRE- TRIAL STA TEMENT OF PLAINTIFF INTRODUCTION The parties hereto are husband and wife, having been joined in marriage on August 18, 1979, and having separated on December 31, 1998. Wife was born on February 5, 1955 and graduated from Trenton State College with a Degree in Elementary Education in 1977. She earned a Master's Degree in June 1979. During the marriage, she earned extra credits so that she could obtain extra certifications. Wife's resume' is attached hereto as Exhibit "A". During the parties' marriage, wife worked at many levels from pre-school through junior college. In 1989, she left employment to care for her ill parents, the last of whom died on October 12, 1993. Thereafter, despite encouragement and exhortation, wife refused to return to the job market. To the knowledge of the undersigned, she remains unemployed. Husband was born on September 9, 1955. He graduated from high school in 1973, attended Community College for a year and a half, and then commenced course work at Temple University, working during the day and going to school at nights until 1981, he left 15 credits short of graduating. In 1988, he returned to Temple and completed his Bachelor's Degree while continuing to work full time. His work assignments took him for long blocks of time " II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSeAT.LAW 26 W. High Street Carlisle, PA ,,~ . , ".~ '. ',- -~; l-j i . -~L ,-1 ,".:~, i_I" _-'-.:;";,1 , i.~ - ,.;:,'~;-:;~ ,:: " _, away from Pennsylvania and New Jersey. In 1994/1995, he had his own apartment in Chicago. In 1995 he was an independent consultant in Missouri and Tennessee. In 1996 he was assigned to work in Walton, Massachusetts. In 1998 he took a position with Carlisle Productions in Carlisle, Pennsylvania and lost his position in the summer of 2001 although his pay continued until September 15, 2001. At a support conference in the summer of 2001, husband's net monthly income was $7,209.95. Office of Domestic Relations ascribed an earning capacity for the wife of $18,160.77 annually net ($1,513.00 per month net). Husband has diligently searched for work in the environs of Carlisle, Pennsylvania and as yet is unemployed. He has formed another relationship and is unwilling, at this point in his life, to relocate a distance from Carlisle, Pennsylvania. I. ASSETS The assets of the parties are set out on Exhibit "8" attached hereto. At issue is approximately $34,000.00 of escrowed funds which represent the proceeds of the sale of a house which husband purchased in March, 1999, after separation, and sold in 2001. II. WITNESSES A. Husband knows of no expert witness required except for the EXPERT: appraiser who appraised the marital home in New Jersey who would be available to testify by telephone if necessary. Husband may call an employment specialist to testify to wife's earning capacity. Husband reserves the right to present the testimony of any other expert retained in the event other expert testimony becomes necessary. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle. P A " -, -,"'".,,::-- B. LAY WITNESSES: Husband anticipates himself as a witness and reseNes the right to call other witnesses as necessary with notice to wife. III. EXHIBITS Husband intends to offer as exhibits the following, copies of which have been provided to counsel: 1. Valuation of the marital home. 2. Kelly Blue Book values, an average of trade-in and retail, for the parties' vehicles. 3. Most recent statement of the escrow account balance. 4. Most recent statements for Janus accounts, the MP3 Mutual Fund, the Invesco account and VanGuard US Growth accounts. 5. Most recent statements for the retirement accounts including the Fidelity IRA. the Van Leer 401 (k) account, the Invesco IRA, and the Carlisle Productions pensions. 6. Statement of interest in Van Leer pension which may be divided by deferred distribution. IV. INCOME Wife claims no income, but husband believes that she has an earning capacity of $45,000.00 or more per year. Husband has income of $430.00 per week in unemployment compensation benefits from October 28, 2001 for six months. A copy of the unemployment compensation determination is attached hereto as Exhibit "C". VI. INCOME AND EXPENSE STATEMENTS The income and expense statements of the parties presented at the support conference in the summer of 2001 is attached hereto as Exhibits "D" and "E". II SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, PA .I ,I ' -;,'"" .,-', , L",.< > -I '. -,~: ";l" ,,1 ,.:;";',,'i. '" -.b;~'" J," ~,,;,,';__,,~f~ ,_c";:;;'",;'-",_" " - '-'ilitI,jje~: V. PENSIONS There is only one defined benefit plan which might require appraisal. Husband has not obtained an appraisal of the pension. Husband proposes the pension can be distributed by the deferred distribution method. VI. PERSONAL PROPERTY To date, neither party has obtained an appraisal of the contents of the marital home which husband anticipates that wife will retain. Husband reserves the right to obtain such a valuation. VII. MARITAL DEBTS The parties have no marital debts of which husband is aware. VIII. PROPOSED RESOLUTION Husband proposes providing to wife the contents of the marital home and an equal division of the marital estate. Respectfully submitted, Attorne C 0 J. Lindsa ,Esquire I D 44693 6 West High Street Carlisle, PA 17013 (717) 243-6222 II SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS-AT-LAW 26 W. High Street Carlisle. PA , " , <~' c"",, ,[ , '." ~ --,'",,> ; " o'~,t- " "I ;". -S.,J" ,;.;::, ,-,~--~, ,',c, . "o,\~.i . JOHN R. KUTSCH, Plaintiff vs. ANTONIA M. GALONSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 -1041 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE day of Aaf/ch / ' AND now, this I 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Pre-Trial Memorandum of Plaintiff this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: II Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 By: rol J. Lindsay, Esquire I 44693 6 West High Street Carlisle, PA 17013 (717) 243-6222 Antonia M. Galonski F-22 Shirley Lane Lawrenceville. NJ 086+8 (609) 896-8125(h) (609) 219-0339 (f) Summary: To exploit my array of educational experience, multi-disciplined certifications and promote educational excellence in a non-traditional delivery environmenL Education: Junel9:19 The College of New Jersey (formerly Trenton State College) Ewing, NJ Master of Education degree, Specialization in Elementary Education, emphasis in the Teaching of Reading. Bachelor of Science degree, Major in Elementary Education, second teaclting field in Secondary Speech Communication and Theater. Concentration in Early Childhood Education,- with a History minor. June t977 ~1ay 19'15 Buck Caunty Community College "Vewtown, PA Associate of Arts degree, Major in Elementary Education. State Certifications: Reading Specialist Teacher of Reading Teacher of Social Studies Speech Arts & Dramatics Elementary & Nursery grades k-12 grades k-12 grades 9-12 grades 9-12 grades k-9 PA NJ NJ NJ NJ Professional Experience: Octoberl$Jg'jto present Mercer County Community College West WIndsor, NJ Adjunct Reading Instructor Achievement Elevate esteem through improved college success skills and self-lDJlllagement. Responsibilities: Guiding remedial students in developing re3ding , study and writing skills, through content study in the sciences and humanities. utilizing lecture and lab setting. Ad!ninistering diagnostic testing, material selection, developing and implementing individual and group prescriptive programs, and evaluating student progress against benchmarks. EXHIBIT I \' A " -- October 1981 to June 1987 September 1978 to September 1983 May to August 1979 Jar:tuary to May 1979 S~tember to December 1978 September 1911- September 1978 I., -<c ,I I - , ' -""""~,,"'w..I:;=' READS, Inc. Levittown, PA Antonia M. Galonski - resume page 2 Remedial Reading Teacher Achievement: Pioneered a content based remedial reading program with dramatic results. Responsibiliies: Administered diagnostic testing, evaluation and placement of stUdents grades 1 - 12 in individual and small group remedial reading and mathematics programs. Designed, implemented and evaluated diagnostic/prescriptive programs and selected remediation materials. Creative Learning Services, Inc. Hopatcong, NJ Reading Instructor Achievement: Energized the adult learning experience via individuaIized and group dynamics. Responsibilities: Instructed adults in reading and related topics in a continuing education environment Burlington County College Pemberton, NJ Instructor of Reading Achievement: Created the first college basic skills program at BCe. Responsibilities: Devised and implemented a diagnostic/ prescriptive remedial reading program for adults, with a social science core, within a team delivery approach. Designed, stocked and managed a new Language Center. Evaluated, selected and prepared remedial reading, social science and related study skills materials. Reading Teaching Specialist Achievement: Promoted a team tutorial approach, minimized teacher isolation. Responsibilities: Supervised program tutors, taught adult remedial reading courses, and evaluated and selected program materials. Reading Tutor Achievement: IndividuaIized student programs and maximized student success. Responsibilities: Tutored adult students in remedial reading and ESL in individual and small group settings. Evaluated and selected support materials. Honors: The College of New Jersey (formerly Trenton State College) Ewing, NJ Graduate Assistantship, Roscoe L. West Library - Reference Department. Continuing Education Grant, Soroptomist Internationals - academic excellence and community involvement. Organizations: International Reading Association American Association of University Women Kappa Delta Pi - Greater Trenton Alumni Chapter ID ID ~ ~ ~ ~ ~ ~ "8 "8 '" m o (1) C!) o " " ~ m a:i o 2:>~ 0Ci US"'iji o __I~~__ 8 8 o u"i i2 " r-." oi <0 I , 8 .::E - 0 0 a. 0 "' '" ;:l 0 ~ ~ 2' ID .0 0 ~ ~ w w " ~ E o u '" m ~ Q " 1i' o .Q " " j! . " ;; w " 8! ----- - ,; m .., o " <( ~ :i::----- ---- w o '* aJ-g to " m i:Li Q)"'ffi {l g; E > :f 8. 0 I'!!-I--I__ '" ::: _L_~ N ~ M . w E !!! '0 0 .Q 15. 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'" o ro g ro 'w -r 0 ~ ID M ~ 0- ~ ~ ~ ~~~ .~~.~ <( ~ "E 0 ffi l:: ell N ro ~ ~; ~ w ~ "ERo[i5 .- ::J _ l:S LO l::"E OJ) C c@31ro~~o~cn.Q ~ ro ~ ~ ~ ~ ~ 2 I ~ c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~~~~~~~~.~~~ < ~ ~ @ ~ ~ ffi ~ E @ ~ ~I~ u:: ~ .E_~ ~ 0.-=t: 5J ~_ E ,g ~ o 'w o ID 0- w o .Q " " ~ ..J ~ a... ~ ;;; Q) 0::: ~ ~ <( '" m :E ;0 Q 2: i ,5; '" 0 ~ ~ ~ $ t:i Z ffi 7ii c:.:J U) a::l;> ~ -g ~ ~.~ II ~ ~ ~ ~ .! ~ 0 !5 ~ _ ::i r.n _~_ u E :J: 0---- N -f-- --f-- ?- m i: >< w d) , , ........ L.OCAL Or'F I CE NU. O. OS9S ~ "', ~l ........, o \ ('(\ ., '-, .:J-.- , .,,,",_.. ~~ I; I,;. . '""~ --," ~JMIlI'.2: DATE MAILED NOV 09, 2001 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF UC BENEFITS AND Al.1.0WANCES NOTICE OF FINANCIAL DETERMINATION THIS FINANCIAL DETERMINATION ALONE DOES NOT ENTITLE YOU TO BENEFITS. A REVIEW OF YOUR EMPLOYMENT HISTORY AND PRESENT STATUS MUST ALSO BE MADE TO DETERMINE WHETHER YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS SPECIFIED IN THE LAW. SOC.SEC.ACCT.NO. 177-4B-B 106 LOCAL OFFICE USE ONLY JOHN R. KUTSCH 107 SHIRLEY LN BOILING SPRINGS AB 10/28/01 UC COOE 1 MAX.WKS. 26 PBc172 WBR 430A MBAll180 No.oEP.l- S WOA 5 MOA 130 sx-l PA 17007-9595 Dear MR. KUTSCH: Your- PIN for'" PA Teleclaims (PAT) use fs~ You recently filed oJ d::im f.::r :.J:iemplcyment compensation benefits with tl1e 6~reQ;u 0: UC Benefits and AilowiJnces. This financial determination notifies you that vou are financiallv e!ioible for benefits. Your financial eligibility is based on the wages you were paid and the credit weeks you earned during your base year (the first four of the last five completed calendar quarters prior to filing your claim) which is from UUL. 01, 2000 to iJUN 30, 2001. Our records show that during your base year, wages lIVere reported by the following employer(s): EmployerisJ EmployerisJ ACct. Plant Breakdown of Base-Year Wp.ges ,by Quarter Total Wages Credit Number No. 3-00 4-00 1-01 2-.01 Paid Weeks CARLISLE P 21-18717 16,826 16,6B4 5,909 14,711 S4,133 I , I Totals 16,826 16,684 S,909 14,711 54,133 50 Yo:.:r week Iv benefit rate (\NBR) is determined to be $430 based on a comparison of your highest quarter wages and your total base-year wages to the table for "Rate and Amount of Benefits". Your highest quarter {roun:jed to the nearest dollar) was the 3RD quarter of 2000 when you were paid wages of $16,827. Your {otal oase-year wages were $54, 133, , ! " " Your benefit year provides you with a 52-week period beginning with the date of 'leur application for unem- ployment compensation benefits. During this period. you may be entitled to benefits for those weeks wher you are unemoloyed and meet the eligibility requirements of the Pennsylvania Unemployment Compensation (UC) Law. Your benefit year begms OCT 28, 2001 and ends OCT 26, 2002. The maximum number of- full weeks of benefits you may be .eligible to receive IS determined 'oy the num~r of credit weeks you had in your base year. Since you had 50 credit weeks. ~JOU quaiify for 26 weeks of fut: benefits during your benefit year. Your maximum benefit entitlement during the benefit year is determined JY multiplYing your weekly benefit rate by the maximum number of full weeks avaliable to you. Your maximum benefit entitlement is $11, 180. If your work hours are reduced due to lack of work, you may qualify for partial oenefits. The Partial Benefit Creait (PBCl on your claim is $172. During a claIm week, if you' earn more than your pec but less than $602 you may qualify for Dartlal benefits. YOU ARE REQUIRED TO REPORT ALL GROSS 2ARNINGS DURING ANY WEE;:: TMA T YOU ARE FILING FOR BENEFITS REGARDLESS OF WHETHER THE AMOU~IT is ABOVE OR BELOW YOUR PARTIAL BENEFIT CREDIT. For further information about the PBC, see the reverse Sloe. Also, yOU wiil receive an additIonal $ 5 deoendent's allowance for each week claimed during VOL;r benefit ;ear. This allowance IS for 1 dependent(s). The maximum amount of decendent's allowance avallacle to YOU durlra :he benefit 'Jear is $130. Riaht of Aooeal - If you disagree with this determination or this det-3rr:11na(lOn 's !nC8rract. ,IC'..J have the rig!":t of appeal. If vou wish to file an acceal YOU have until NOV 26, 2001 whlch!s 'lour ast dav -:0 aooeal. For appeai instructions, see the reverse side. .i! CONTINUED ON REVERSE Sloe :8 B EXHIBIT " c...,.. Code 1 UC-44F REV 7+99 ." ~,~ ~ ~- ., .J ~ ^""'" ~ ' '-~ JOHN R. KUTSCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01-1041 CIVIL ACTION - LAW ANTONIA GALONSKI, Defendant : IN DIVORCE REAL ESTATE F-22 SHIRLEY LANE, LA WRENCEVILLE, NEW JERSEY Listing Price $172,900 Current Mortgage Payoff $ 63,747 House is listed for sale- parties will cooperate in sale of property - Husband will pay mortgage and utility co$ pending sale, with Husband to be reimbursed on those costs out of the proceeds - once tlroperty is sold and after payment of mortgage, normal cost of sale and reimbursement to Husband and Wife for costs they have paid, proceeds will be distributed 50/50 percent to Husband and Wife. Exact amount distributed to parties will be subject to when the house is sold and costs associated with maintenance of the home pending sale. Best case scenario assuming property sells for the asking price will be that approximately $95,000 is available to distribute, but this is only an estimate. Wife will have property transferred into her name alone in order to minimize Husband's income tax consequences upon written verification from CPA, at expense of Husband, that Wife will incur no adverse income tax consequences and upon Husband agreeing to indemnify Wife for such. The parties will accept any offer within 5% of the asking price. Pending the sale of the real estate, neither party will reside within the marital home. EXHIBIT i II a ~~~. 'I~l ".,. ';""h_.; ;"_"'~,"'L'~;~I~, '-lo -~-, >,-',~<:,,;~~"';k-~_-, ;- -', - ~'-'t JOHN H. BROUjQS HUBERT X. GILROY BROUJOS & GILROY, P.c. AITORNEYS AT LAW 4 NORTH HANOVER STREET CARliSLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTERNET: brgilroypc@aol.com NON-TOLL FOR HARRIsBURG AREA 717-766-1690 March 13,2002 E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Kutsch v Galonski Dear Bob: A pre-hearing conference has been scheduled in the above referenced matter for Monday, April 1, 2002 at 9:30 a.m. I have a conflict with this date, as I must be at a DJ hearing at the same time. I request that this pre-hearing conference be scheduled at a time convenient to both Carol Lindsay and myself. Thank you for your consideration in this matter. Sincerely yours, fl-. Hubert X. Gilroy bc cc: Carol J. Lindsay, Esquire -- ~'~ u ,_. ~ ' N _ ,-~ A<-h-~ " .1. .J ,-- -<-~"-li-" '" - , -~'-" l,:k<'~;"-;;-::':J.: ,+ - -" 'y'<";\i,i JOHN H. BROUjOS HUBERT X. GILROY BROUJOS & GILROY, P.c. AITORNEYS AT LAW 4 NORTH HANOVER STREET CARUSLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTERNET: brgilroypc@aol.com NON-TOLL FOR HARRIsBURG AREA 717-766-1690 February 6, 2002 Robert E. Elicker, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Kutsch v Galonski Dear Bob: Enclosed is our Certification of Discovery in the above matter. Technically, discovery is not absolutely complete but Carol Lindsay and I are working towards finalizing some miscellaneous information. In fact, we will be meeting within the next two weeks on this issue. . My feeling is that you can go ahead and direct that pre-hearing memos be filed. My meeting with Carol is on February 21, 2002 so we might want to have the memos due a week or two after that date or later. Sincerely yours, ~- Hubert X. Gilroy dca cc: Antonia M. Galonski Carol J. Lindsay, Esqnire '.... ~- ,I ;! ':.. -I . L" ,- I ,~ , "~ ", . ~, c..-:;:, '^,"~~,i';,~_ JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE TO: Carol J. Lindsay Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant DATE: Friday, December 7, 2001 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. ~,,;.,~ -,-,- 1,- _ .,,- -", ,. f;_ _I. 'c, '-~;~-, ,,_-,_ ,-~-'-.J~.~ ~ " . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ~ r k t (f~ ( ) (-) DATE 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. ~.~ JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDlS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLJ. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH 1. HITCHINGS mOMAS E. FLOWER FORREST N. TROUTMAN, II .J ,I, > ,-[ -,,~ -''-'_ _~'"I_ ," -~ LAW OFFICFS SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: attorney@ssfl-Iaw.com December 20, 2001 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Dear Mr. Elicker: ~,_,"_ "~,"_-.----.---.,......=c'':'--'''--'''''~~''"~'-'"~'''''''''~nilJ';';>~"",~;o;-~,.;;;;,;.~;~.o;.". ~:'~'Galonski v. I<utsch ( DR 30,745; P~CSES 577103555 I No. 475 Supp,ort 2001 , " \. "';"'" -.,,-;c, T"_\- ..--- - _'~""__,,, :~' -,,;-: "0' __!_ ',~_:-L""'~(l """"""'''''' WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE ~ ~ - /,i"<.J .- , I am enclosing the Certification of Discovery for the captioned case. Very truly yours, ER & LINDSAY, P.C. CJUtjb cc: John Kutsch Hubert Gilroy. Esquire - 243-8227 (fax) ~......", . "' , ' I, ~, < ",_~ - k ,',._ I, o',,"\i- -t~'1 i h _~_,_~,_ - , ,-, --~:~,--,,""- iliiW.:-' r ! JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE TO: Carol J. Lindsay Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant DATE: Friday, December 7, 2001 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. 1;1:.''''''1.'......"' ," j" .,[ , ,'-, . -~, "',; t' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. y#/~l l vI2(}!t;/ I DATE! (V) ( ) 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 THP.T 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. 1,1 ~-'" 1-. f.. I~ '.> "., I ~ CERTIFICATION OF DISCOVERY: A. WE REQUIRE AN UP-DATED BALANCE ON THREE ACCOUNTS BELONGING TO Ms. GALONSKI. WE HAVE BALANCES AS OF THE DATE OF SEPARATION. B. I AM SURE THAT BY THE PRE-HEARING CONFERENCE, MR. GILROY WILL HAVE COPIES OF THE UP-DATED ACCOUNT BALANCES. .~ . "~ ;-~, ~~"........^^~"-. - I ~ _l , i I ,.'. ~ ''''-~W' f!1L.'b>i JOHN H. BROUjOS HUBERI' X. GILROY BROUJOS & GILROY, P. c. AlTORNEYS AT LAW 4 NORTH HANOVER 5TREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTERNET: brgilroypc@aol.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 C <<J D~);f December 3, 2001 Curtis Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Kutsch v Galonski No. 01 - 1041 Dear Curt: Enclosed for filing is a petition raising a claim for alimony, couusel fees and expenses in the above matter. Also enclosed is a check for the appropriate filing fees. .....,.,,---;'-, ";!~ Sincerely yours, dca Enclosures cc: Carol J. Lindsay, Esquire E. Robert Elicker, II, Divorce Master Antonia M. Galonski "~ I I ~ l. l!1fl..ll: "'''~,~ JOHN R. KUTSCH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. ANTONIA M. GALONSKl : NO. 01 - 1041 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: John R. Kutsch Carol J. Lindsay , Plaintiff , Counsel for Plaintiff Antonia M. Galonski Hubert X. Gilroy , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 27th North Hanover Street, Carlisle, Pennsylvania, on the August 2002 at 9:00 day of a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the C 00, George E. Hoffer, President Judge Date of Order and Notice: 6/4/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, P A 17013 TELEPHONE (717) 249-3166 ., -- , _ ~ 0 ~ ~' . >l._', -I-' _..I,' .''^ '1--"'.' . ,-. .~ . - -,.,,; r,,";. '.' . ,,';_. ;"~';<:: JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 -1041 CIVIL TERM V5. ANTONIA M. GALONSKI, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JOHN R. KUTSCH, moves the court to appoint a master with respect to the following claims: ( x) ( ) ( ) ( ) Divorce Annulment Alimony Alimony Pendente Lite Distribution of Property Support Counsel Fees Costs and Expenses ( x) ( ) ( ) ( ) and in support of the motion states: (1) (2) (3) (4) (5) (6) (7) Date: Discovery is complete as to the claim(s) for which the appointment of a master is requested. The Defendant has appeared in the action through counsel, Hubert X. Gilroy, Esquire The statutory ground(s) for divorce is/are 3301 (c) (d) Delete the Inapplicable paragraph(s). (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: . The action complex issues of law or fact. The hearing is expected to take I Additional information, if a ,relevant t Jlj-z.,fA(Of I ORDE OINTING MASTER AND NOW, this A 8 n-.... day of 'A- ~, 2001, , Esquire, is appointed master with respect to the following claims: Divorce and Equitable Distribution. By the Court, ~ p". a~f) ~5 il' ~M~~1~l'l$jjj~M~;i!,l~~io~i~~"l-'~ c ""~-"'"="''''''"~'''''''''_ltJli~h~ I '1l~o~'~ 'lliWlIlJ,SNN:Jr! AlNnO'J C)I\:V"""!i:!~ti'V'inO en 7 'c, .~J" Z\J ~'~d 82 r10N f 0 A!:1V1,C; '.J, ::iO ,<. ~ ~, ""M$III c o c- ?=' '"'O-~ mer: ;z:fJ! <~- O:L~ ~<~. ~c );;; <::0 5;;0 c::: ~ ,,~-< ~'" S5 ':.,;, o o ",. (5 ~.-::: C} ~ i --';;;g f\,) : iT, .C~ ~3:;d l;~~:q ~ :,--,..' :J:J "" ." ;;", ~ -. " . ..-~ '" ~-~.---, -, - _.> . . ~".. -- _c' 1_ -r. . _t_~ ". - _I_'~I'''' ". ._,,-o~ ;- ,,'~~'-'."';-' ~^--- - ~[I:ll(~'~~ JOHN R. KUTSCH, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 01 - 1041 CIVIL ACTION - LAW ANTONIA M. GALONSKI, Defendant :IN DIVORCE PETITION RAISING CLAIM FOR ALIMONY. COUNSEL FEES AND EXPENSES Defendant, Antonia M. Galonski, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Defendant requests that the court award her alimony after the entry of the divorce decree. 2 Defendant requests your Honorable Court to award her counsel fees, costs and expenses in connection with the resolution of all other issues involved in this divorce action. Respectfully submitted, Hubert X. Gilroy squire Attorney for D endant Broujos & G' oy, P.C. 4 North Hanover Street Carlisle, P A 17013 (717) ~43-457 4 Supreme Court ID No. 29943 ~~,~~j;:oj,lmlll~;iiil_&Ii'<iiiii>.~iiJlr!i~jjjjilll~,"",N*~..';;J!.blili<>l~-~-';"'';'. , ,~~, .~ N_ ._^~. ~,___O.~_- _.V_~_"L<" "_,po ~~_<._ '. I- ~ ~ -..0 ~ {- ~~=< G:> 7""" ~ -J "'" .r: o _Oil~.cl:~ w h ......... () ~ c % G ~ ~ <:I :;: <a~ '" 1- rp <l '"'< N o .. " (") S; -ofZ: Illn-, ~t~< ~~ _=:CJ :P"c:: ~ C" d ;""n ,~--') ES 8It ':~ c; n I L:.:- '~iJ ~ c~-; ~-2~i~i l:."J .--\ -~ ~ Vi t=" (::J 1- ~ , "l ,,: .,; '.,- '~"f ---", i '. a~,: JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE ORDER OF COURT :8~ay of 4v~, , t1 2002, the parties and counsel having entered into an AND NOW, this agreement and stipulation resolving the economic issues on August 27, 2002, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, .J. cc: ;Carol J. Lindsay Attorney for plaintiff /Hubert X. Gilroy Attorney for Defendant ) (t. aJ.J.. L~~fl P:)\5 ~~_~i!!I!i~t~l1Mi,-~~~_ti'o!~~iI;OOj-~ --""~'-'J'-- . ~. BIf-- < -'''''''''ilIl.iMB cC 4 J ':'. 'i'IN\lAlASNN3d AINnm (1~r{1l:1j8i^ln:J i U :f: \~d H 2 811\1 20 IlMICI'Y'- " "'n ^OV_~ l\U;--l,L...::-Jd ::::;i"~l :r...... 38L-uo-rHi::J j--'- ~-_J ,- -,,' ",,' " , ,"',~" ~O_'I~'_'~_' - ^' .j-' "~'~.>-.- ~ -, -;w"u~~i, i'" ~ JOHN R. KUTSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE THE MASTER: Today is Tuesday, August 27, 2002. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, John R. Kutsch, and his counsel Carol J. Lindsay, and the Defendant, Antonia M. Galonski, and her counsel Hubert X. Gilroy. This action was commenced by the filing of a divorce complaint on February 22, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On November 27, 2001, the plaintiff filed an amended complaint raising the claim of equitable distribution; wife filed a petition on December 3, 2001, raising the additional claims of alimony and counsel fees and expenses. The Master has been advised after negotiations today that the parties have reached an agreement with respect to the claim of equitable distribution and a temporary agreement with respect to the claim of alimony. The agreement is going to be placed on the record in the presence of the parties. The parties 1 .- , ' 1 - '.1 "._ " ~ _I . ,.' , .~~~~L~~~ ~~-~~'~' . will be bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. Counsel can return later today with the parties to review the agreement and make any correction of typographical errors with the understanding that no substantive changes can be made to the agreement as stated on the record. The Master will prepare an order vacating his appointment but understands that in accordance with the terms of the agreement the Master will retain jurisdiction over the claim of alimony and that subsequently in accordance with the agreement, the Master, on petition of either party, may be reappointed by the Court to consider the alimony issue which may be presented at a future time. The parties were married on August 18, 1979, and separated on March 1, 1999, for purposes of equitable distribution and on July 4, 2000, for purposes of obtaining the divorce decree. The parties have stipulated to the use of these two dates inasmuch as they have utilized the dates to effect a different arrangement with regard to the equitable distribution and the date wherein the beginning of the separation for purposes of obtaining the divorce is relevant. The divorce is going to be obtained under Section 3301(d). The affidavit under that section was filed by husband on August 26, 2002, averring the 2 ~ I," .--1., . . "'c- L~ ';.'-" _ '. i' _, _..~"_.-",\_;,, ;',_ '" ,,', separation as of July 1, 2000. Mr. Gilroy has indicated that he will on the record waive notice of intention to request entry of decree so that counsel for husband can immediately pursue obtaining a decree without the twenty day waiting period following the notice of intention to request decree. There were no children born of this marriage. As indicated, the Master will retain jurisdiction, if necessary, to review any subsequent alimony issues and such a notation will be made in the divorce decree in the appropriate section dealing with the retention of jurisdiction by the Court. Ms. Lindsay. MS. LINDSAY: (Whereupon, Joint Exhibit Nos. 1 and 2 were marked for identification and admitted into the record.) 1. The parties will divide their property in a manner set out on Joint Exhibit No.1. According to the terms of which, the house will be dealt with separately as set out herein and wife will retain the 1993 Volvo, the joint First Union account, the Vanguard Treasury account, Fidelity IRA Asset Manager, and her Invesco IRA. Husband will retain the Commerce Bank account, the monies which he withdrew from the Vanguard money market account along with the interest as computed and agreed to by the parties on Joint Exhibit No.1, his Fidelity IRA account, his Van Leer 401(k) account, and the Invesco IRA. 2. In order to equalize distribution, husband will pay to wife $67,621.00. That amount will be paid by rolling over to her his Invesco IRA in the approximate amount of $38,000.00 with a cash payment within ten (10) days thereafter of $29,621.00 or the difference between the 3 -- ,-,-, " ,I "I" 1.- "--'-'--"1".,; ';,,-'- ',,,.,,'''':,'C'.'' ,-, < $67,621.00 and the Invesco accounts actual rollover amount. The parties will cooperate in rolling over the Invesco account from husband's Invesco IRA to wife's Invesco IRA within thirty (30) days. Husband will pay to wife an advance of the ultimate cash payment which he owes her of $10,000.00 within five (5) days of today, the balance in cash being paid once the parties can determine what the actual rollover amount is. 3. In addition, husband has a Van Leer pension which has a monthly benefit, we believe, of approximately $615.39 when husband can draw on that benefit. Husband will prepare a QDRO transferring to wife 50% of husband's Van Leer pension. 4. With regard to the parties' marital real estate at F-22 Shirley Lane, Lawrenceville, New Jersey, the parties have agreed to list the property for sale at $172,900.00 and they have agreed to the terms set out on Joint Exhibit No. 2 which is being introduced at this time. Essentially, the parties agree that the property will be marketed, that they will agree to reasonable reductions in price as suggested by their realtor and will accept any offer within 5% of the asking price. They will pay the cost of sale and the mortgage and will reimburse husband for his payment of the mortgage payments, the condominium fees or the community fees, utilities, real estate taxes, and any fix up costs not to exceed $2,000.00. After those reimbursements are made, the proceeds will be equally divided. If wife pays any expenses on the house, she will be reimbursed for those also. 5. The parties waive any claim that they may have for counsel fees and costs. 6. The parties have agreed to a temporary alimony provision based on the assumption that wife has an earning capacity of $35,000.00 per year and husband has an earning capacity of $70,000.00 per year. Based on that assumption, husband will pay to wife alimony in the amount of $250.00 per month pending a hearing to be set six (6) months henceforth. In the event that the hearing, for some reason, is postponed past six (6) months, the Master is permitted to make any alimony ordered into the future retroactive to the original hearing date. 7. Alimony will be paid commencing the same month in which there is the entry of a decree in divorce. Husband will pay alimony within five (5) days of the date of the entry of decree in divorce and on the same day of each 4 ." -, ~ ,- -,l ~ [I _, J ~~ ,__ ....,.,.~ . month and every subsequent month. 8. The parties are encouraged to find employment within the next six (6) months in order to develop some basis for the finding of an earning capacity although the employment they find is not the only basis for an earning capacity which may be developed at the alimony hearing. The Master is not bound by the stipulation today with respect to the assessed earning capacities which are only temporary and for the purpose of allowing the parties to continue to seek employment. All evidence relating to earning capacity and earnings will be open to review by the Master at the hearing to be scheduled six (6) months from today's date. 9. Plaintiff will proceed to obtain a decree in divorce. The decree in divorce will articulate that the issue of alimony is reserved for determination by the Master. 10. The Master will seek from the Court the vacation of his appointment on the understanding that he may be reappointed on the motion by either party to make the determination of the alimony claim anticipated in six (6) months. 11. At the wife's reasonable request, husband will cooperate in any life insurance application wife seeks to insure husband's life for purpose of securing alimony or otherwise, with the understanding that said insurance will not in any way negatively impact husband's ability to get other insurance. wife may claim an insurance cost as a reasonable expense and the Master is free to accept the reasonableness of her expense or not. 12. Wife's counsel agrees to execute a waiver of the twenty (20) day notice upon preparation by husband's counsel and presentation to attorney Gilroy so that the decree in divorce may be entered as soon as possible. 13. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or 5 \,' 1iIiIiIiii'IIIl" ^ --.1--: ,I -;----.j-I .".-;- -~ advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY: John, have you heard the agreement as I dictated it today, have heard it and understood it? MR. KUTSCH: Yes. MS. LINDSAY: Do you agree to it? MR. KUTSCH: Yes. MS. LINDSAY: Do you have any questions about it? MR. KUTSCH: No. MR. GILROY: Toni, have you heard the agreement that attorney Lindsay and I have put on the record as we have just dictated it? MS. GALONSKI: Yes. MR. GILROY: Are you in agreement with the terms? MS. GALONSKI: Will I get to read it? MR. GILROY: Do you want to read it? THE MASTER: You can read it and make correction of typographical errors but no substantive changes. MR. GILROY: You cannot say, no, I want this asset instead of that asset or you cannot say, no, I am changing my mind on the alimony agreement. We have agreed 6 , .~, -;'0' . , "~' .ililiiir;' 'i!: . ,l- ,-"",,-'.." -._1_'_ I'" ;_, i-I-,. .- -J('" --- ,- - - - .-~ _0< - -;- '-'- " ,(I upon the substantive issues and you will get a chance to read it later on. But knowing that you cannot change any substantive decisions, are you in agreement to resolve the case as we have outlined it? MS. GALONSKI: I have two questions. THE MASTER: Off the record. (A discussion was held off the record.) MR. GILROY: The date of separation of the parties is July 4, 2000, for purposes of the affidavit filed by the Plaintiff under Section 3301(d) and the parties have continued to live separate and apart for a period of at least two years since that time. Toni, with the modification of the date of separation from July 1, 2000 to July 4, 2000, are you now satisfied and do you understand what we have placed on the record as part of an agreement? MS. GALONSKI: Yes. MR. GILROY: And you are satisfied to proceed with that? MS. GALONSI: Yes. (A discussion was held off the record.) THE MASTER: A hearing is scheduled on the 7 ~ ""-, y~ -I ,.L -~, ,I ' -, J,,~.c_;" ~ '.,_ ~___ .- ,~",-_ alimony issue, if necessary, for Tuesday, February 25, 2003, at 9:00 a.m. Notices will be sent to counsel and the parties. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Hubert X. Gilr y Attorney for efendant i f1--7f!Ji- ~ ~(:J,II 0;). ~ Antonia M. Ga ons i 8 ~~"'" ~ "...~, -~-.......... .......~ ~........J,1~, ~ --.L.,;'I~_tMIIiliI... '" ~irIl .. :2; <( 0") <<> <X) . '" 0 I- ~ .E ci 0 ~ 0 m 0 0 N 0 0 0. ": 0; ~ ci .E E 0") I'- 1'-- 0 0 N CO 0 0 0 8 '" N- o::) 0 ~ 0 '" "0 I'- '" N '" ~ 0 " , ~ '" ~ 0")- ~ .21 " .... 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N ~ '" 0 '" II 0 '" '" "0 "0 ~ > > ~ ID E 0- 0 :;; u:. ~ 0- ~ III () u: > > u: u: c c Cl 0( :;; () .c: 0 ... !l S ~ " '" 0 0: ~ .; jj2 ID ;;:; c "0 cr: .c: z r-: 0 co lE ..., '" , .... .8' Z c e- o; 0 .!!! "0 <3 l- I I so; I I so; I so; I so; I I I I I I I- Z ..., N S2 I'- ~ co o LU ~ 0- :J .-t!lir.i!!L,:' N . l' ~ N - ~ -.... ~ N \' ~ ,,-" .... "- \' c)o J'.. (y\ ~ ~ -- ~i-'C ~J H --~~ ~~~ --s - r-- iC:? S'. '" 1'0 I ~ ~ ~ ,,: ~,.,",.,,- , ;'~;':-~;Z;j". ~.... " ; I" - >~.~~ ~ ~ "' , ~l~ '. .. JOHN R. KUTSCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01 -1041 CIVIL ACTION - LAW ANTONIA GALONSKI, Defendant : IN DIVORCE REAL ESTATE F-22 SHIRLEY LANE, LA WRENCEVILLE, NEW JERSEY Listing Price $172,900 ~lili}~ ' Current Mortgage Payoff cIfI V; -\t? 'q'" $ 63,747 ~ i. Ji \'\~ t;vOO' House is listed for sale - parties will 40perate in sale of property - Husband will pay mortgage and utility costs pending sal{~ith Husband to be reimbursed on those costs out of the proceeds - once property is solil and after payment of mortgage, normal cost of sale and reimbursement to Husband and Wife for costs they have paid, proceeds will be distributed 50/50 percent to Husband and Wife. Exact amount distributed to parties will be subject to when the house is sold and costs associated with maintenance of the home pending sale. Best case scenario assuming property sells for the asking price will be that approximately $95,000 is available to distribute, but this is only an estimate. Wife will have property trausferred into her name alone in order to minimize Husband's income tax cousequences upon written verification from CPA, at expeuse of Husband, that Wife will incur no adverse income tax consequences and upon Husband agreeing to indemnify Wife for such. The parties will accept any offer within 5% of the asking price. Pending the sale of the real estate, neither party will reside within the marital home. I E~I~ ~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A JOHN R. KUTSCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 01.1041 CIVIL TERM Plaintiff Ys. ANTONIA M. GALONSKI, Defendant 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 3391 (8) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Proof of service filed March 1, 2001. 3. (Complete either paragraph (a) or (b)). (a) Date af e)(est,Jtion of tho a#ietavit af sansont roqlolireet BY Seetion 3301 (e) af tRe Di'/arGo Caete: BY tRO Plaintiff an; BY tho Defensant on (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: Auaust 26.2002 (2) Date of service of the Plaintiffs affidavit upon the Defendant: = Auaust 30. 2002 : Related claims pending: None Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary:n/a Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: September 20, 200 signed b Defe nt' Counsel 4. 5. intiff II ~^~o:~mlilllMi4'i1~!I!lI'~ii!/i!l.\tftliilm>_.~~,;N~qnilltilf!lliil".~~~h.;l" ,""" ,'- .. 8' 4;/ !--' J;~- ;<".AJt,r"", u ,~~,_~ _",~.'=-'\"""""?_; I.",,,,.,.,,, . . "'.,7" _,>>"",_"::-.,,,,,__~~,",,_, 1-" "~"'~" """.". ~_ . -,>_. . ?_, '~"'b .~ $,. '"'O-n,' mrn Z:J:".' ZC <I)"," ~t5 ~o >~ ~ n. ... '~ - ~'o~....' ,,- > -'I- '1 CJ ,- r-.:l U) ,.." -v ", Cf' ,'\.,- h,~ -0 ::E ~ f~ :~~< 1:J--" '~5:D ::"2:0 om ,.--1 ?b -< f,,~ CJ1 . ~~-, ~~ ~" , J, ~I ~' 'J "' _ "''''''''-''', " ~ JOHN R. KUTSCH, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 1041 CIVIL ANTONIA M. GALONSKI, Defendant IN DIVORCE THE MASTER: Today is Tuesday, August 27, 2002. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, John R. Kutsch, and his counsel Carol J. Lindsay, and the Defendant, Antonia M. Galonski, and her counsel Hubert X. Gilroy. This action was commenced by the filing of a divorce complaint on February 22, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On November 27, 2001, the Plaintiff filed an amended complaint raising the claim of equitable distribution; wife filed a petition on December 3, 2001, raising the additional claims of alimony and counsel fees and expenses. The Master has been advised after negotiations today that the parties have reached an agreement with respect to the claim of equitable distribution and a temporary agreement with respect to the claim of alimony. The agreement is going to be placed on the record in the presence of the parties. The parties 1 Jl"'. __,., ~> c..... , ,. ",I '1lJ:: - , will be bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. Counsel can return later today with the parties to review the agreement and make any correction of typographical errors with the understanding that no substantive changes can be made to the agreement as stated on the record. The Master will prepare an order vacating his appointment but understands that in accordance with the terms of the agreement the Master will retain jurisdiction over the claim of alimony and that subsequently in accordance with the agreement, the Master, on petition of either party, may be reappointed by the Court to consider the alimony issue which may be presented at a future time. The parties were married on August 18, 1979, and separated on March 1, 1999, for purposes of equitable distribution and on July 4, 2000, for purposes of obtaining the divorce decree. The parties have stipulated to the use of these two dates inasmuch as they have utilized the dates to effect a different arrangement with regard to the equitable distribution and the date wherein the beginning of the separation for purposes of obtaining the divorce is relevant. The divorce is going to be obtained under Section 3301(d). The affidavit under that section was filed by husband on August 26, 2002, averring the 2 ~'~_ ~L- ~-- - .~ ,. .1 ~~ '1 . - "'~-'~:-. .' separation as of July 1, 2000. Mr. Gilroy has indicated that he will on the record waive notice of intention to request entry of decree so that counsel for husband can immediately pursue obtaining a decree without the twenty day waiting period following the notice of intention to request decree. There were no children born of this marriage. As indicated, the Master will retain jurisdiction, if necessary, to review any subsequent alimony issues and such a notation will be made in the divorce decree in the appropriate section dealing with the retention of jurisdiction by the Court. Ms. Lindsay. MS. LINDSAY: (Whereupon, Joint Exhibit Nos. 1 and 2 were marked for identification and admitted into the record.) 1. The parties will divide their property in a manner set out on Joint Exhibit No.1. According to the terms of which, the house will be dealt with separately as set out herein and wife will retain the 1993 Volvo, the joint First Union account, the Vanguard Treasury account, Fidelity IRA Asset Manager, and her Invesco IRA. Husband will retain the Commerce Bank account, the monies which he withdrew from the Vanguard money market account along with the interest as computed and agreed to by the parties on Joint Exhibit No.1, his Fidelity IRA account, his Van Leer 401(k) account, and the Invesco IRA. 2. In order to equalize distribution, husband will pay to wife $67,621.00. That amount will be paid by rolling over to her his Invesco IRA in the approximate amount of $38,000.00 with a cash payment within ten (10) days thereafter of $29,621.00 or the difference between the 3 . ~-~ ~_. . ,-, _" I _~-_, "J--I " . ~ _T, $67,621.00 and the Invesco accounts actual rollover amount. The parties will cooperate in rolling over the Invesco account from husband's Invesco IRA to wife's Invesco IRA within thirty (30) days. Husband will pay to wife an advance of the ultimate cash payment which he owes her of $10,000.00 within five (5) days of today, the balance in cash being paid once the parties can determine what the actual rollover amount is. 3. In addition, husband has a Van Leer pension which has a monthly benefit, we believe, of approximately $615.39 when husband can draw on that benefit. Husband will prepare a QDRO transferring to wife 50% of husband's Van Leer pension. 4. With regard to the parties' marital real estate at F-22 Shirley Lane, Lawrenceville, New Jersey, the parties have agreed to list the property for sale at $172,900.00 and they have agreed to the terms set out on Joint Exhibit No.2 which is being introduced at this time. Essentially, the parties agree that the property will be marketed, that they will agree to reasonable reductions in price as suggested by their realtor and will accept any offer within 5% of the asking price. They will pay the cost of sale and the mortgage and will reimburse husband for his payment of the mortgage payments, the condominium fees or the community fees, utilities, real estate taxes, and any fix up costs not to exceed $2,000.00. After those reimbursements are made, the proceeds will be equally divided. If wife pays any expenses on the house, she will be reimbursed for those also. 5. The parties waive any claim that they may have for counsel fees and costs. 6. The parties have agreed to a temporary alimony provision based on the assumption that wife has an earning capacity of $35,000.00 per year and husband has an earning capacity of $70,000.00 per year. Based on that assumption, husband will pay to wife alimony in the amount of $250.00 per month pending a hearing to be set six (6) months henceforth. In the event that the hearing, for some reason, is postponed past six (6) months, the Master is permitted to make any alimony ordered into the future retroactive to the original hearing date. 7. Alimony will be paid commencing the same month in which there is the entry of a decree in divorce. Husband will pay alimony within five (5) days of the date of the entry of decree in divorce and on the same day of each 4 ~-,.~ ,(" .d_ .! I , , '-'~""j-, i " month and every subsequent month. 8. The parties are encouraged to find employment within the next six (6) months in order to develop some basis for the finding of an earning capacity although the employment they find is not the only basis for an earning capacity which may be developed at the alimony hearing. The Master is not bound by the stipulation today with respect to the assessed earning capacities which are only temporary and for the purpose of allowing the parties to continue to seek employment. All evidence relating to earning capacity and earnings will be open to review by the Master at the hearing to be scheduled six (6) months from today's date. 9. Plaintiff will proceed to obtain a decree in divorce. The decree in divorce will articulate that the issue of alimony is reserved for determination by the Master. 10. The Master will seek from the Court the vacation of his appointment on the understanding that he may be reappointed on the motion by either party to make the determination of the alimony claim anticipated in six (6) months. 11. At the wife's reasonable request, husband will cooperate in any life insurance application wife seeks to insure husband's life for purpose of securing alimony or otherwise, with the understanding that said insurance will not in any way negatively impact husband's ability to get other insurance. Wife may claim an insurance cost as a reasonable expense and the Master is free to accept the reasonableness of her expense or not. 12. Wife's counsel agrees to execute a waiver of the twenty (20) day notice upon preparation by husband's counsel and presentation to attorney Gilroy so that the decree in divorce may be entered as soon as possible. 13. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or 5 ~~-- -" ------ , ~ I ~'"'",~~>. . ,_,j I -, :, '-", advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY: John, have you heard the agreement as I dictated it today, have heard it and understood it? MR. KUTSCH: Yes. MS. LINDSAY: Do you agree to it? MR. KUTSCH: Yes. MS. LINDSAY: Do you have any questions about it? MR. KUTSCH: No. MR. GILROY: Toni, have you heard the agreement that attorney Lindsay and I have put on the record as we have just dictated it? MS. GALONSKI: Yes. MR. GILROY: Are you in agreement with the terms? MS. GALONSKI: will I get to read it? MR. GILROY: Do you want to read it? THE MASTER: You can read it and make correction of typographical errors but no substantive changes. MR. GILROY: You cannot say, no, I want this asset instead of that asset or you cannot say, no, I am changing my mind on the alimony agreement. We have agreed 6 ~_==,__~~ L~ , I ~ , -'....<"~. ~-,. '.' upon the substantive issues and you will get a chance to read it later on. But knowing that you cannot change any substantive decisions, are you in agreement to resolve the case as we have outlined it? MS. GALONSKI: I have two questions. THE MASTER: Off the record. (A discussion was held off the record.) MR. GILROY: The date of separation of the parties is July 4, 2000, for purposes of the affidavit filed by the Plaintiff under Section 3301(d) and the parties have continued to live separate and apart for a period of at least two years since that time. Toni, with the modification of the date of separation from July 1, 2000 to July 4, 2000, are you now satisfied and do you understand what we have placed on the record as part of an agreement? MS. GALONSKI: Yes. MR. GILROY: And you are satisfied to proceed with that? MS. GALONSI: Yes. (A discussion was held off the record.) THE MASTER: A hearing is scheduled on the , 7 ~"""'~=~~O .l..,~ ~ I,; I. ~ 1'1 , , ~, f..gjt,i:iib>'_ ',. alimony issue, if necessary, for Tuesday, February 25, 2003, at 9:00 a.m. Notices will be sent to counsel and the parties. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and sUbjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: indsay for Plaintiff 9In/02- I I ~(:J.?10cX Hubert X. Gil Attorney for Antonia M. Galon ki 8 ';,fia%f""%iI'i""iii";;4"i!JiMl';;''',r.,b,,,.~.#~dl.iilii'<j;!~.,,;>l-:!r.h>.'ii'$H:''?U!~;t!;;"';;~"'-<";[,i'-"W''''-'W,>I,,,<,::;:k'''&~~-;'',,-'''r.i''''flffu_~lWi~~.~WI j.,,> ."or ,~, I~-",,~_ ,"_. ."__~,~. ., _J ,~~,.. ,~ ..1 ~ ~_~"'-n' ~ 0 0 f'...) .. "., ~~~~ -ow M men -'" Z'J.] N -nlT1 ZC -:'~)o (f:J,.:,,~ 0.' ">; 2: c, -<'" ..~--\ .:.,) r:: Cl ..", :1:=H 'i> ::lI: ~~o z8 ~ ocn :;J>c: -'-"l ~ N ~ (;> ~