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YOU SHOUW TAKt: THIS PAPt:R TO YOUR ATTORNI:Y AT ONot:, IF
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. tN - &''/1 CIVIL
: IN DIVORCE
vs.
JOAN F. GWIRTZ,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the court. A judgment may also be entered against you
for any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of
your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
JOAN F. GWIRTZ,
Defendant
: CIVIL ACTION - LAW
: NO. ,It(- t- 'II CIVIL /1.A..A-
: IN DIVORCE
COMPLAINT UNDER SECTIONS 3301 (C)
AND 3301 (0) OF THE DIVORCE CODE
1. Plaintiff is Steven E. Gwirtz, an adult individual who has a current
mailing address of P.O. Box 903, Carlisle, Pennsylvania, 17013
2. Defendant is Joan F. Gwirtz, an adult individual with a mailing address
c/o Jacqueline M. Verney, Esquire, 44 South Hanover Street, Carlisle, Pennsylvania,
17013.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on June 3, 1978 in
Philadelphia, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between
the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and that
he may have the right to request that the court require the parties to participate in
counseling.
8. Plaintiff requests the court to enter a decree of divorce.
II
I
WHEREFORE, the Plaintiff requests the court to enter a decree of
divorce in favor of the Plaintiff and against the Defendant.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
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By
Robert L. O'Brien, Esquire
Attorney for Plaintiff
1.0. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
II
I verify that the statements made in this Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. ~ 4904, relating to unsworn falsification to authorities.
~r^~
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STEVEN E. GWIRTZ
Date: ~ ..::r~ \ '\ q l\
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. ;;-~'II CIVIL
: IN DIVORCE
vs.
JOAN F. GWIRTZ,
Defendant
NOTICE TO THE DEFENDANT
If you wish to deny any of the statements set forth in this Affidavit, you must file a
Counter-Affidavit within twenty (20) days after this Affidavit has been served upon you
or the statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301fQ.!
OF THE DIVORCE CODE
1. The parties to this action separated in June, 1996 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 concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.~
~ ~- ~~
.. STE'{EN E. Z
Date: > J'o-.-v.._":J \"I~,\
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STEVEN E. GWlRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 99-641 CIVIL
JOAN F. GWlRTZ,
Defendant
.
.
: IN DIVORCE
COUNTER-AFFIDAVIT UNDER SECfION 3301(D) OF THE DIVORCE CODE
--.
1. Check either (a) or (b)
x
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because (Check (i), (ii) or both):
- (i) The parties to this action have not lived separate and apart for
a period of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
- (a) I do not wish to make any claims for economic relief 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.
X (b) I wish to claim economic relief which may include alimony, division
of property, lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the prothonotary in writing and serve them on the other party, If I fail to do so
before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce
decree may be entered without further delay,
I verifY that the statements made in this counter-affidavit are true and correct. I
understand that false statements herein are made subject to the penahies of 18 Pa.C. S. section
4904 relating to unsworn falsification to authorities,
DATE:~
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC
RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-641 CIVIL
: IN DIVORCE
vs.
JOAN F. GWIRTZ,
Defendant
ACCEPTANCE OF SERVICE
AND NOW, this 8'*day of ,:;.~ 1999, I, Jacqueline M. Verney,
Esquire, Attorney for Defendant, Joan F. Gwirtz, hereby accept service of the
Complaint in Divorce filed in the above-captioned case pursuant to Pa. R.C.P.
1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint.
1-r.tl ~ 'th. ~
JACQUELINE M. VERNEY, ESQUIRE
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STEVEN E. GWlRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 99- 641 CIVIL TERM
JOAN F. GWlRTZ,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree in divorce or annulment may 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 or 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 Flfst Floor, Cumberland County Courthouse, South Hanover Street,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT QNCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO QR TELEPHONE THE
OFFICE SET FORTH BELQW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
STEVEN E. GWlRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 99-641 CIVIL
JOAN F. GWlRTZ,
Defendant
.
.
: IN DIVORCE
ANSWER AND COUNTERCLAlM
Defendant, Joan F. Gwirtz, by and through her attorney, Jacqueline M. Verney, Esquire
files this Answer and Counterclaim in the above-captioned matter and respectfully states as
follows:
1. Denied, Defendant has no knowledge of Plain tift's mailing address.
2, Admitted.
3. Admitted.
4. Admitted.
5. Admitted,
6. Admitted,
7, Denied, Defendant has no knowledge of what Plaintiffhas been advised.
8, Admitted.
COUNTERCLAIM
COUNT n - EQUITABLE DISTRIBUTION
9, The averments and responses set forth in paragraphs 1-8 above are incOIporated
herein by reference.
10, Plaintiff and Defendant have acquired property during their marriage.
11. Defendant requests this Court to preserve the right to have all marital property
equitably distn'buted, and that Plaintiff be assessed for all property dissipated by
him prior to and subsequent to separation.
COUNT m - ALIMONY
12. The averments and responses set forth in paragraphs 1-11 above are incorporated
herein by reference.
13. Defendant lacks sufficient property and income to provide her with a reasonable
income and cannot adequately support herself
14. Plaintiff has a tar more economic superior position than Defendant and Defendant
requires reasonable support to adequately maintain herself
COUNT IV - COUNSEL FEES AND COURT COSTS
15. The averments and responses set forth in paragraphs 1-14 above are incorporated
herein by reference.
16. Defendant has employed counsel but is unable to pay the necessary and reasonable
attorney's fees in order to adequately defend her interests in the above-captioned
matter.
17, Defendant is likely to incur certain costs in defending her interests in valuing
marital assets, attending hearings and court proceedings.
18. Plaintiff is in a tar more economic superior position than Defendant and is in sole
access and control of most of the marital assets.
WHEREFORE, Defendant, Joan F. Gwirtz, restfully requests that this Honorable Court:
A. Order equitable distribution of marital property in accordance with the factors set
forth in 23 Pa.C.SA section 3501, ~.; and
B. Order an award of alimony as determined appropriate by the Court; and
C. Order an award of counsel fees, costs and expenses as the Court deems appropriate.
DATE: O?/f.je,q
, ,
Respectfully submitted,
~2:b
Supreme Ct. ill 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Defendant
VERIFICATION
I verifY that the statements made in this Answer and Counterclaim 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: &../8/11
Jpvj~
'AN F. GWlRTZ
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STEVEN E. GWIRTZ,
Plaintiff/Respondent
: IN THE COURT OF CQMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 99-641 CIVIL TERM
JOAN F. GWIRTZ,
DefendantlPetitioner
: IN DIVQRCE
ORDER OF COURT
AND NOW, this /()~ day of r1-ff.A'./ n.J
, 2000, upon
consideration of the attached Petition for Immediate Relief, a hearing shall be held on
the / f.. 1J1 day of (J.~ , 2000, at / ( : en>
o'clock A M. in
Court room No. 1 ,4th floor Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
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, .
STEVEN E. GWIRTZ,
Plaintiff/Respondent
IN THE COURT QF COMMON PLEAS OF
CUMBERLAND CQUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
NQ. 99-641 CIVIL TERM
JOAN F. GWIRTZ,
DefendantlPetitioner
IN DlVQRCE
PETITION FQR IMMEDIATE RELIEF
AND NOW, comes Joan F. Gwirtz, Defendant, through her attorney, Jacqueline M,
Verney, Esquire and hereby petitions this honorable Court as follows:
I. On February 3, 1999, a divorce complaint was initiated by Steven E, Gwirtz at the
above captioned term and number.
2, The parties separated on or about June, 1996.
3, The parties are joint owners of two vehicles, Ms. Gwirz has in her exclusive
possession a 1988 Honda, while Mr, Gwirtz has in his exclusive possession a 1994
Honda,
4. Coordination of registration and insurance of the vehicles has not occurred and
Petitioner is concerned that her vehicle is not insured,
5. Petitioner has requested Respondent to transfer the titles of the vehicles to their
individual names, however, Respondent has not responded to the request.
6. Petitioner requests that the Court order the transfer of the titles from joint ownership
to the parties' individual ownership so that registration and insurance may be
accomplished.
,.
7. The respective value of the vehicles would be considered ultimately in a
determination of equitable distribution.
WHEREFORE, Petitioner respectfully requests that the court order the parties to
transfer the title of the 1994 Honda from joint names to Respondent's name only and transfer
the title of the 1988 Honda from joint names to petitioner's name only,
Respectfully submitted,
/fJ-L/-OO
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1 que eM. Verney, Esquire # 23167
" South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Petitioner
"
.'
VERIFICATION
I verify that the statements made in this Petition 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: 1/d/3,Ao
CERTIFICATE OF SERVICE
I hereby certify that a true and COrrect copy of the foregoing Petition was served
On the following person by First Class United States mail, postage prepaid on the date
indicated:
Robert 1. O'Brien, Esquire
17 West South Street
Carlisle, PA 17013
Date: !O- y-ov
acq line M. Verney, Esquire #23
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Petitioner
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STEVEN E. GWIRTZ,
PlaintiffIRespondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 99.641 CIVIL TERM
JOAN F. GWIRTZ,
DefendantIPetitioner
: IN DIVORCE
ORDER OF COURT
AND NOW, this 17-' day of
Oc..h b V"' _
, 2000 after hearing on the
Petition for Immediate Relief at which Respondent did not appear, it is ordered as follows:
1. Steven E. Gwirtz is directed to appear at the office of Jacqueline M. Verney,
Esquire, 44 South Hanover Street, Carlisle, Pennsylvania during nonnal business hours within
ten days of the date of this order for the purpose of signing the titles of the parties' two
vehicles, transferring the 1988 Honda to Joan F, Gwirtz and the 1994 Honda to Mr. Gwirtz,
Mr. Gwirtz is to give Ms. Verney at least twenty-four (24) hour notice of his appointment at
Ms. Verney's office so that Mrs, Gwirtz may arrange to be present also.
2. Both parties are ordered to sign the titles to the vehicles causing the 1988 Honda
to be transferred to Mrs, Gwirtz and the 1994 Honda to be transferred to Mr. Gwirtz,
3. Any cost of transfer shall be divided equally among the parties,
4. Any allocation as to the value of the vehicles for purposes of Equitable
Distribution shall be detennined by the Divorce Master unless agreed to by the parties
otherwise.
5. Failure of either party to appear and transfer the car titles could subject them to
contempt proceedings.
BY THE COURT:
J.
cc: Jacqueline M. Verney, Esquire
Robert O'Brien, Esquire
.
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MEMBERS 1ST FEDERAL CREDIT UNICN
5275 E 'l'RINDLE RO, MECHANICSBURG PA 17055
PLAINTIFF'S
EXHIBIT
'-
~
,
I\(\f!. NATIONWIDE
~ !~O~W~B~~~U~I~
AUTO CHANGE BINDER
HOtolE OFFICE; ONE NATlOlllWIOE PLAZA. COLUMBUS. OHIO 43218
DATE PREPARED: 12/21/98
CHANGE EFF DATE: 12/21/98
POLICY EFF DATE: 12/08/98
POLICY EXP DATE: 06/08/99
POLICY NUMBER: 588516067
POLICY HOLDER: STEVEN GWIRTZ
THE UNDERSIGNED COMPANY AGREES TO EXTEND THE FOLLOWING COVERAGES AS RESPECTS THE DESCRIBED AUTOMOBILE(S) COMMENCING ON THE
CHANGE EFFECTIVE DATE INDICATED, PENDING THE ISSUANCE OF A NEW DECLARATION PAGE OR THE EARLIER TERMINATION OF THESE
CDVERAGE(S) BY THE COMPANY OR THE POLICYHOLDER. THIS EXTENSION OF INSURANCE SHALL BE IN ACCORDANCE WITH THE TERMS OF THE
COMPANY'S AUTO INSURANCE POLICIES AND MANUAL OF RATES AND CLASSIFICATIONS APPLICABLE IN THE STATE ON THE CHANGE EFFECTIVE
DATE OF THIS CHANGE REQUEST. THIS COVERAGE MAY BE CANCELLED BY THE COMPANY BY MAILING WRITTEN NOTICE TO THE POLICYHOLDER
STATING WHEN IN ACCORDANCE WITH ANY STATUTES OR POLICY TERMS SUCH CANCELLATION SHALL BE EFFECTIVE,
NATIONWIDE MUTUAL INSURANCE COMPANY (23787)
VEHICLE 1/1
1988 HOND ACCORD L
IHC,c.A5639JAl776R4._ ,_ _,__ ".__,..
COMPREHENSIVE
COLLISION
PROPERTY DAMAGE
BODILY INJURY
UNINSURED MOTORIST,-BODILY INJURY
UNDERINSURED MDTORIST--BODILY INJURY
LOSS OF USE
TOWING AND LABOR
fUNERAL BENEF ITS
MEDICAL BENEFIT
ACCIDENTAL DEATH BENEFIT
lOSS OF INCOME
TDRT OPTION
50
250
50000
100/300
50/100 STACKED
50/100 STACKEO
LIMITED
T&L
, 1500
10000
10000
10000
FULL
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Ri hard T. Wagner /
4800 Linglestown Road
Suite 104
Harrisburg, PA 17112
PHONE (717) 657-8888
CHECKS AND DRAFTS ARE RECEIVED SUBJECT TO COLLECTION ONLY.
7592
/Z-Z/-ff
DATE
STEVEN GWIRTZ
PO 80X 903
CARLISLE, PA 17013-5903
PLAINTIFF'S
EXHIBIT
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, =rLA TE: 7": THZ352
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1 hereby acknowledge thil day thai I have received
notice ol the provilionl of Section 3709 ollne Vehicle
Cod..
029513
STEVEN E & JOAN F
GWIRTZ
PO BOX 903
CARLI SLE PA
17013
PLAINTIFF S
EXHIBIT
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V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99 - 641 CIVIL
STEVEN E. GWIRTZ,
Plaintiff
JOAN F. GWIRTZ, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
PRAECIPE TO WITHDRAW AND ENTER APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance for Plaintiff, Steven Gwirtz, in the above-
captioned matter.
By:
Date: 7/42.-
J
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Robert O'Brien, Esquire
17 W. South Street
Carlisle, Pa. 17013
(717) 249-6873
I.D. No.
Please enter my appearance for the Plaintiff, Steven Gwirtz, in the above-
captioned matter.
Date: 1-51-0~
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STEVEN E. GWIRTZ,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA 0/
: NO. 99 - 641 CIVIL
JOAN F. GWIRTZ, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Steven E. Gwirtz, Plaintiff moves this Court to appoint a master with respect to the following
claims:
P<J Divorce
( ) Annulment
!><> Alimony
JK') Alimony Pendente Lite
~ Distribution of Property
( ) Support
()() Counsel fees
~) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claim(s) for which the appointment of a master is requested.
(2) The Defendant has appeared in the action by her attorney, Jacqueline Verney, Esquire.
(3) The statutory ground(s) for divorce are 3301 (C), 3301 (d).
(4) Delete the inapplicable paragraph(s):
(.) Tl:1e actisA is Rot G8F1testes.
(19) An 8green.ent "83 b~cn re8Ghed .;it'" fC3f3eet t8 t"'c felloning cleiFRs:
(c) The action is contested wtih repsect to the following claims:
A{~fV\GVl~~ APL" D1S~"j,'f7p-.... ~ F~ -f- ~
(5) The action does'11ot involve complex issues o? law or fact. .
(6) The hearing is expected to take six (6) hours.
(7) Additional information, if any, relevant to the motion: none.
Date:
ORDER APPOINTI R
AND NOW, this /J1 wi.. I f3 ,2003, Robert Elicker, Esquire, is appointed Master with
repsect to the following claims: /? b
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STEVEN E. GWIRTZ,
Plaintiff /Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 99-641 CIVIL ACTION - LAW
JOAN F. GWIRTZ,
DefendantJPetitioner
: IN DIVORCE
MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND
PRODUCTION OF DOCUMENTS
TO THE HONORABLE JUDGES OF SAID COURT:
DefendantlPetitioner, Joan F, Gwirtz, by and through her attorney, Jacqueline M. Verney,
Esquire respectfully requests that the Court enter the attached Order compelling the
Plaintiff/Respondent to answer the Interrogatories addressed to him and produce the
documents requested by Defendant/Petitioner in her Request for Production of
Documents, and in support thereof alleges the following:
I. The above captioned action for divorce was commenced by
.
Plaintiff/Respondent's Complaint on or about February 3, 1999,
2. The parties were married on June 3, 1978 and separated on June 3, 1996.
3. DefendantlPetitioner served Plaintiff/Respondent with the First Set of
Interrogatories and Request for Production of Documents on or about July 22, 2002.
4. Plaintiff/Respondent answered said Interrogatories on or about September 3,
2002,
5, InterrogatorylProduction of Document No. Ie requested Plaintiff to "attach
copies of all W-2s and Income Tax Returns for 1996-2001."
.
6. Plaintiff/Respondent response was "Tax returns unavailable---not filed, See
attached letters for statement of back taxes owed (presently negotiating with IRS),"
7. No objections to Defendant/Petitioner's Interrogatories/Request for Production of
Documents were filed by Plaintiffi'Respondent.
8. Said Interrogatories/Production of Documents were continuing in nature.
9. Over the course of the Domestic Relations proceeding between the parties,
Defendant/Petitioner has obtained Federal Income Tax returns (not including W-2s) from
Plaintiff/Respondent for the years 1996, 1997, 1998 and 2003,
10. Counsel for Defendant/Petitioner has requested counsel for Plaintiff/Respondent
numerous times for said Tax returns since the filing of the Interrogatories/Production of
Documents in 2002,
II, Plaintiff/Respondent's conduct has been totally unjustified and has required this
Motion to be filed.
12, Defendant/Petitioner's attorney charges $175,00 per hour.
13. The cost of this Motion to Compel Plaintiff is likely to be $700,00 for preparing
and filing the Motion and hearing on said Motion.
WHEREFORE, Defendant/Petitioner respectfully requests that this Honorable Court
enter an Order compelling the Plaintiff/Respondent to answer Defendant/Petitioner's
Interrogatories and Production of Documents, producing all documents requested therein
within ten (10) days from the entry of such Order, and upon the Plaintiff/Respondent's
failure to do so within the allotted time, to suffer sanctions to be imposed by further
Order of the Court, and further that Plaintiff/Respondent shall pay Defendant/Petitioner
.
the sum of Seven Hundred dollars ($700.00) for preparation, filing and disposition of this
Motion.
Dated: '1 -10 -04>
Respectfully submitted,
~<<~ ~ A.~
acq line M, Verney, Esquire 3167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Defendant/Petitioner
. '
CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that I am this day serving a true
and correct copy of the foregoing Motion to Compel, Rule, and Proposed Order upon the
person and in the manner indicated below~ which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, be depositing a copy of same in the Untied States
Mail, first class, postage prepaid, as follows:
Jane Adams, Esquire
64 South Pitt Street
Carlisle, P A 17013
Date: 1-IO-o~
ac line M, Verney, Esquire # 167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Counsel for DefendantJPetitioner
.
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STEVEN E. GWIRTZ,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 99-641 CIVIL ACTION - LAW
v.
J AN F. GWIRTZ,
DefendantlPetitioner
: IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this ~ day of 9~ h 1_ ,2006, upon consideration of
f
th within Motion, it is hereby ordered and decreed that a Rule is issued upon the
PI intiff/Respondent to show cause if any he has why the Defendant/Petitioner is not
e titled to the relief requested, Plaintiff/Respondent shall file an Answer to the Motion
w thin twenty (20) days of service upon Plaintiff/Respondent. Argument shall be held on
t e 3u{ day of ~ ..<J ;C , 2006 at i./: 0 () -fl-,m. in Courtroom #
of the Cumberland County Courthouse, I Courthouse Square, Carlisle,
BY THE COURT:
J.
c: Jane Adams, Esquire, for Plaintiff/Respondent
Jacqueline M, Verney, Esquire, for Defendant/Petitioner
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JOAN F. GWIRTZ,
PLAINTIFF'S ANSWER AND NEW MATTER IN RESPONSE TO DEFENDANT'S
MOTION TO COMPEL ANSWERS
AND NOW COMES, Plaintiff, Steven E. Gwirtz, by and through his Attorney,
Jane Adams, Esquire, and files the following Response to Defendant's Motion to Compel.
RESPONSE TO DEFENDANT'S MOTION TO COMPEL ANSWER
1. Admitted. The above-captioned action for divorce was commenced by Plaintiff on or
about February 3, 1999.
2. Admitted. The parties were married on June 3, 1978 and separated on June 3, 1996.
3. Admitted. Defendant received Plaintiff's Interrogatories and Request for Production
of Documents on July 22, 2002.
4. Admitted. Plaintiff answered said Interrogatories on or about September 3, 2002.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted. Plaintiff has provided tax returns for the year 1996, 1997, 1998 and 2003.
10. Admitted.
11. Denied. Since approximately 2002, Plaintiff has suffered from an aggressive form
of prostate cancer which has caused him to become severely debilitated. Although he underwent
radiation treatment for such cancer, he has suffered severe side effects from such treatments,
which include bleeding and other serious complications upon his digestive tract. As a result,
Plaintiff has been unable to work, or for extended periods of time even leave his home. At the
time the interrogatories were received, Plaintiff had not resolved or filed all tax returns with the
IRS. Since that time, he has worked to the best of his ability to resolve these issues and provide
the information requested.
12. Plaintiff has no knowledge as to what Defendant's attorney charges.
13. Plaintiff has no knowledge as to the amount of time or expense it would take to
prepare Defendant's motion but believes the charge of $700 to extremely excessive for this
particular matter.
WHEREFORE, Plaintiff requests additional time to provide the tax returns and requests
that he not be forced to suffer sanctions or pay Defendant's attorney's fees.
PLAINTIFF'S REOUEST FOR DISTRIBUTION OF MARITAL ASSET
14. As a result of prostate cancer and subsequent complications from treatment which
Plaintiff first suffered in 2002, Plaintiff has not been able to work for approximately one year and
is currently having extreme financial difficulty.
IS. In the past several years, Plaintiff has made numerous proposals for a final settlement
of this matter, all of which Defendant has refused.
16. Plaintiff has a Thrift Savings Plan, which had a balance of approximately $75,114.94
as of 6/30/1996, which was within a month of the date of separation. (Please see Exhibit A).
17. Plaintiff has asked Defendant to agree to a full or partial distribution of such plan, so
that both parties could receive funds from the plan.
18. Such funds would be extremely helpful to Plaintiff given his current physical and
financial stat::.
19. Defendant has refused to agree to anv distribution of the Thrift Savings Plan unless
Plaintiff agreed to:
a. Provide a release for the 2003, 2004, 2005 Federal Income Tax returns.
b. sign a release regarding any participation in Fen-Phen litigation.
c. cause the agreement for the release of money from the Thrift Savings plan to
be entered as a court order.
d. Sign a TSP-3 form designating Defendant as irrevokable beneficiary of 50%
survivor benefits, level payment and no cash refund.
e. Sign a Form 1152 designating Defendant as irrevokable 100% beneficiary of
unpaid compensation of a deceased civilian employee.
f. Sign a Form 2923 designating Defendant as irrevokable beneficiary of the
Federal Employees Group Life Insurance.
g. Provide proof of application for disability.
h. Sign a form designating Defendant as irrevokable beneficiary for continuing
annuities after death as an election for survivor benefits.
i. Assume any taxes or penalties as a result of in-service withdrawal from the
Thrift Savings Plan.
j. Receive only 40% of the net withdrawal amount.
k. Agree that the value of the Thrift Savings Plan as of June 30, 1996 should be
increased 6% per annum over the past ten years representing interest or the actual
increase in value on the amount.
20. Plaintiff believes Defendant's requirements are overly excessive.
21. Due to IDS dire financial situation, Plaintiff is requesting a 50/50 distribution of the
marital portion of the Thrift Savings Plan.
WHEREFORE, Plaintiff requests that Defendant be Ordered to cooperate with the
distribution of the marital portion of Plaintiff's Thrift Savings Plan.
Respectfully Submitted,
Date: ~ \ \ lOb
dams, Esquire
o. 79465
64 S uth Pitt Street
isle, Pa. 17013
(717) 245-8508
ATTORNEY FORPLAJNTITF
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08/13/2002 THU 1~:33 FA~15042558292
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TSP SERVICE OFFICE
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THRIFT
SAVINGS
Pl.IJ<
Thrift Savings Plan
National Finance Center
P.O. Box 61500, New Orleans, LA 70161-1500
June 13, 2002
Steven E. Gwirtz
We have received J,:our correspondence oODcemmg your Thrift Savings Plan (TS ,) .account
The following is 1formation you requested.
X Your TSP~COUl)t balance as of 06/30/1996 is $ 75.114.94 llcluding
employee ntributions, Agency Automatic (1 %) Contributions, and Age JI:Y Matching
Contributi ns, as applicable. (This figure excludes any outstanding loan )lilance.)
.
Your TSP .ccount balance was disbursed on ' in the grol s BDlOlUlt of
$ I .
Your avaiJ!ble loan balance as of is $
By law, tOfe considered vested in and entitled to the Agency Automatic; %)
Contributi ns and associated earnings, you must have at least 3 years of lederal
civilian se ice (2 years for certain political and Congressional appointee 5).
Participant who are not vested upon sepl!ntion from Federal service for 'e it these
contrib~tic~s and earnings. Because you are not vested, the Agency Aut lJ',latic (I %)
Contributi ~s and associated earnings posted to your account havCl been :or will bCl)
forfeitc~ II: d your aocour," ""'~n~p. b"s b~"", ("r will be) adjusted. These transactions
will be 'ref ected on your next TSP participant statement
Other: i
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If you have an ql.estions or need further assistance, plcase contact the TSP Ser li.~e Office at
the address on the letterhead or call 504-255-6000 (TOO: 504-255-5113) Mond!)' through
Fridaybetwee th: hOUTS of7:00 a,m. and 4:30 p.m, central time.
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DACITSP AC9T I AL LET
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CERTIFICATE OF SERVICE
AND NOW, this August 1,2006 I, Jane Adams, Attorney for Plaintiff, Steven E. Gwirtz,
Plaintiff, hereby certify that a copy of Defendant's ANSWER AND NEW MATTER has been
du1y served upon the following party, by HAND-DELIVERY TO:
Jacqueline Verney, Esquire
44 S. Hanover St. .
Carlisle, Pa. 17013
ATTORNEY FOR DEFENDANT
e Adams, Esquire
. No. 79465
South Pitt Street
arlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
STEVEN E. GWIRTZ
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STEVEN E. GWtRTZ,
Pl~intiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.1
!
JOAN F. GWIR1rz,
Defendant
CIVIL ACTION - LAW
NO. 99-641 CIVIL TERM
IN RE: MOTION TO COMPEL
ORDER OF COURT
AND NOW, this 3rd day of August, 2006, this matter
having been ,called for hearing, the motion of the Defendant
to compel d~scovery is granted and the Plaintiff is directed
to produce His income tax returns for the years 2001 and
2005 within !thirty days.
By the Court,
,
I
Jane Adams, ] Esquire
For the Platntiff
Jacqueline L. Verney,
For the Def~ndant
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
JOAN F. GWIRTZ,
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
PLAINTIFF'S PETITION FOR SPECIAL RELIEF
AND NOW COMES, Plaintiff, Steven E. Gwirtz, by and through his Attorney,
Jane Adams;Esquire, and files the following Petition for Special Relief:
1. The above-captioned divorce was commenced by Plaintiffs Complaint on or about
February 3, 1999. '
2. The parties were married on June 3, 1975 and were separated on June 3, 1996.
3. Since approximately 2002, Plaintiff has suffered from an aggressive form of prostate
cancer which has caused him to become severely debilitated. Although he underwent radiation
treatment for such cancer, he has suffered severe side effects from such treatments, which
includes bleeding and other serious complications upon his digestive tract. As a result, Plaintiff
has been unable to work, or f~r extended periods of time even leave his home.
4. As a result of prostate cancer and subsequent complications from treatment which
Plaintiff first , suffered in 2002, Plaintiff has not been able to work for approximately one year and
is currently having extreme financial difficulty.
5. In the past several years, Plaintiff has made numerous proposals for a final settlement
of this matter, all of which Defendant has refused.
6. Plaintiff has ,a Thrift Savings Plan, which had a balance of approximately $75,114.94
as of 6/30/1996, which was within a month of the date of separation. (Please see Exhibit A).
7. Plaintiff has asked Defendant to agree to a full or partial distribution of such plan, so
that both parties could receive funds from the plan.
8. Plaintiff is in dire need of funds from his Thrift Savings Plan, as he is in jeopardy of
losing his housing, has not been able to pay his bill, and is in a precarious financial state; such
funds would be extremely helpful to Plaintiff given his current physical and financial state.
9. Defendant has refused to agree to any distribution of the Thrift Savings Plan unless
Plaintiff agreed to:
a. Provide a release for the 2003,2004,2005 Federal Income Tax returns.
b. sign a release regarding any participation in Fen-Phen litigation.
c. cause the agreement for the release of money from the Thrift Savings plan to
be entered as a court order.
d. Sign a TSP-3 form designating Defendant as irrevokable beneficiary of 50%
survivor benefits, level payment and no cash refund.
e. Sign a Form 1152 designating Defendant as irrevokable 100% beneficiary of
unpaid compensation of a deceased civilian employee.
f Sign a Form 2923 designating Defendant as irrevokable beneficiary of the
Federal Employees Group Life InsUllmce.
g. Provide proof of application for disability.
h. Sign!l form designating Dtfendant as irrevokable beneficiary for continuing
annuities after death as an election for survivor benefits.
i. Assume any taxes or penalties as a result of in-service withdrawal from the
Thrift Savings Plan.
j. Receive only 40% of the net withdrawal amount.
k. Agree that the value of the Thrift Savings Plan as of June 30, 1996 should be
increased 6% per annum over the past ten years representing interest or the actual
inc'rease in valve on the amount.
10. Plaintiff believes Defendant's requirenwnts are overly excessive and that Defendant
has no motivation to withhold consent to partiall) distribute the plan other than to cause harm to
Plaintiff
. .
11. A full or partial distribution of the marital portion of Plaintiff's Thrift Savings Plan
would not cause harm on Defendant or prevent her from receiving a fair marital settlement.
12. Due to his dire financial situation, Plaintiff is requesting an immediate 50/50
distribution of the marital portion of the Thrift Savings Plan.
WHEREFORE, Plaintiff requests that Defendant be Ordered to cooperate with the
distribution of the marital poqion ofPlaintifi's Thrift Savings Plan.
Respectfully Submitted,
Date: 7~fi;
Adams, Esquire
. No. 79465
6 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
A TTORNEY FOR
PLAINTIFF/PETITIONER
STEVEN E. GWIRTZ
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.1/2002 THU 13: 33 FAX /5042558292
TSP SERVICE OFPICE
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THRIFT
SA.VINGS
PUN
Thrift Savings Plan
National Finance Center
P.O. Box 61500, New Orleans, LA 70161-1500
June 13, 2002
Steven E. Gwirtz
--
--
If you have an ql.estions or need further assistance, please contact the TSP SeT li.~e Office at
the address on the letterhead or call 504-255-6000 (TDD: 504-255-5113) Mond!}' through
Friday betwee ~ th~ hours of7:00 a.m. and 4:30 p.m. central time.
I
DAC/TSP ACGr I AL LET
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Form TSI'-8 ,). Wi (R.vi~ed lll/O\M)
VERIFICATION
I verify that the statements made in this Petition for Special Relief are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
Date: K) 1<} ~ \a
~tiff
CERTIFICATE OF SERVICE
AND NOW, this September 6,2006 I, Jane Adams, Attorney for Plaintiff, Steven E.
Gwirtz, Plaintiff, hereby certify that a copy of Defendant's PETITION FOR SPECIAL RELIEF
has been duly served upon the following party, by first class mail, addressed to:
Jacqueline Verney, Esquire
44 S. Hanover St.
Carlisle, Pa. ~ 7013
A TTORNEY FOR DEFENDANT/RESPONDENT
JOAN F. GWIRTZ
e Adams, Esquire
No. 79465
6 outh Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
A TTORNEY FOR PLAINTIFF
STEVEN E. GWIRTZ
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
JOAN F. GWIRTZ,
: CIVIL ACTION - LAW
: IN DIVORCE
Defendant
PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE
1. Petitioner, Steven E. Gwirtz, is a competent adult individual, who resides in Carlisle,
Pennsylvania, 17013.
4850.
2. Petitioner's date of birth is June 19, 1949 and his social security number is: 173-40-
3. Respondent, Joan F. Gwirtz, is a competent adult individual, who resides in
Mechanicsburg, Pennsylvania.
6188.
4. Respondent's date of birth is May 29, 1945, and her social security number is: 206-34-
5. A divorce complaint was filed by Plaintiff in this matter on January 3, 1999.
6. Due to recent health problems, Plaintiff is unable to work or support himself.
Defendant refuses to agree to a distribution of the marital property which would assist Plaintiff
with expenses. Therefore, Plaintiff has no realistic means of supporting himself or paying his
expenses during the Course of this litigation.
7. A Petition for Additional Claims, which contained claims for Alimony, and Alimony
Pendente Lite, and Counsel fees was filed under the above-captioned docket number
contemporaneously with this Petition.
WHEREFORE, Petitioner requests that the Court Order alimony pendente lite.
Date: q 1r;/6~
Adams, Esquire
. No. 79465
South HanoverSt.
Carlisle, Pa. 17013
(717) 245-8508
A TTORNEY FOR PETITIONER
STEVEN E. GWIRTZ
--
-
--
VERIFICA TION
I verify that the statements made in this PETITION are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
Date: 8/'1 b~
~amtiff
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 ~ 641 CIVIL
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JOAN F. GWIRTZ,
PLAINTIFF'S PETITION WITH ADDITIONAL CLAIMS
AND NOW COMES, Plaintiff, Steven E. Gwirtz, by and through his Attorney, Jane
Adams, Esquire, and respectfully represents the following:
COUNT I - ALIMONY
1. Plaintiff lacks sufficient property to provide for his reasonable needs in accordance
with the standard of living of the parties established during the marriage.
2. Plaintiff is unable to support himself in accordance with the standard of living of the
parties established during the marriage through appropriate employment.
3. The Defendant is working and enjoys a substantial income from which she is able to
contribute to .the support and maintenance of Plaintiff to pay him alimony in accordance with the
Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff
from Defendant permanent alimony in such sums as are reasonable and adequate to support and
maintain Plaintiff iil the station of life to which he has become accustomed during the marriage.
COUNT III - ALIMONY PENDENTE LITE
4. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to
support herself through appropriate employment.
5. Plaintiff requires reasonable support to adequately maintain himself in accordance with
the standard of living established during the marriage.
6. Defendant works and enjoys an income and is well able to contribute to the support and
maintenance of Plaintiff during the course of this action.
WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of
Alimony Pendente Lite until final hearing.
COUNT IV - COUNSEL FEES. COSTS AND EXPENSES
7. Plaintiff is without sufficient funds to retain counsel to represent him in this matter.
8. Without counsel, Plaintiff cannot adequately prosecute his claims against Defendant
and cannot adequately litigate his rights in this matter.
9. Defendant enjoys an income and is well able to bear the expense ofPlaintitT's attorney
and the expense of this litigation.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees,
costs, and expenses.
Date: ~/<? /6b
ane A s, Esquire
D. N . 79465
6 uth Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this PETITION are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
Date: T) \.( J ~ '-
-~aintiff
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V.
: NO. 99 - 641 CIVIL
SEP 0 7 20~
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
JOAN F. GWIRTZ,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF' COURT
AND NOW, this
/gti
dayof ,~
, 2006, a hearing
regarding Plaintiffs Petition for Special Relief is scheduled for the oZ( /let
day of
~
;-/ 3/'\
, 2006, at u
~/P.M in Courtroom No. L
of the Cumberland County Courthouse in Carlisle, Pennsylvania.
'lid
cc: .J'1lCqueline Verney, Esquire
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
JOAN F. GWIRTZ,
PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE
1. Petitioner, Steven E. Gwirtz, is a competent adult individual, who resides in Carlisle,
Pennsylvania, 17013.
2. Petitioner's date of birth is June 19, 1949 and his social security number is: 173-40-
4850.
3. Respondent, Joan F. Gwirtz, is a competent adult individual, who resides in
Mechanicsburg, Pennsylvania.
4. Respondent's date of birth is May 29, 1945, and her social security number is: 206-34-
6188.
5. A divorce complaint was filed by Plaintiff in this matter on January 3, 1999.
6. Due to recent health problems, Plaintiff is unable to work or support himself.
Defendant refuses to agree to a distribution of the marital property which would assist Plaintiff
with expenses. Therefore, Plaintiff has no realistic means of supporting himself or paying his
expenses during the course of this litigation.
7. A Petition for Additional Claims, which contained claims for Alimony, and Alimony
Pendente Lite, and Counsel fees was filed under the above-captioned docket number
contemporaneously with this Petition.
WHEREFORE, Petitioner requests that the Court Order alimony pendente lite.
Date: q I r;( 6Co
Adams, Esquire
. No. 79465
South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
STEVEN E. GWIRTZ
VERIFICATION
I verify that the statements made in this PETITION are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
Date: g 1'1"~
~ntiff
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STEVEN E. GWIRTZ,
Plaintiff/Petitioner
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
JOAN F. GWIRTZ,
DefendantlRespondent
NO. 99-641 CIVIL TERM
IN DIVORCE
PACSES CASE NO: 416108605
ORDER OF COURT
AND NOW, this 12th day of September, 2006, upon consideration of the Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before RJ. Shaddav on October 18.2006 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle,
P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O.l1~
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
Edgar B. Bayley, President Judge
Copies mailed on
Date of Order: September 12.2006
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R. J. adday, Conference Officer (;
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
to: Petitioner
Respondent
Jane Adams, Esq.
Jacqueline Verney, Esq.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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Steve E. Gwirtz, Plaintiff
vs
Case No. 99 - 0641
Joan F. GWirtz, Defendament
Statement of Intention to Proceed
To the Court:
Plaintiff
intends to proceed with the above captioned matter.
Print Name
Jane Adams, Esq
Sign Name
Date: 9 /J~/D~
I I
Attorney for
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions, It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 190 I (b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute," If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230( d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
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STEVEN E. GWIRTZ,
Plaintiff /Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-641 CIVIL ACTION - LAW
JOAN F. GWIRTZ,
Defendant/Respondent
IN DIVORCE
ANSWER WITH NEW MATTER TO PETITION FOR SPECIAL RELIEF
Defendant/Respondent, Joan F. Gwirtz, by and through her attorney, Jacqueline M.
Verney, Esquire files this Answer to Petition for Special Relief and in support thereof
respectfully states as follows:
1. Admitted.
2. Admitted.
3. Denied. It is denied that Plaintiff has suffered from an aggressive form of
prostate cancer since 2002 which caused him to become severely debilitated. It is further
denied that he underwent radiation treatment for such cancer, and that he has suffered severe
side effects from such treatments, including bleeding, and other serious complications upon his
digestive tract. It is further denied that Plaintiff is unable to work, or for extended periods of
time leave his home. Defendant is without sufficient information to form a belief as to the
averments in Paragraph 3 of the Petition. Strict proof thereof is demanded at a hearing.
4. Denied. It is denied that as a result of prostate cancer and subsequent
complications from treatment which Plaintiff allegedly suffered, that he has not been able to
work for approximately one year and is currently having extreme financial difficulty.
Defendant is without sufficient information to form a belief as to the truth of the averments I
paragraph 4. Strict proof thereof is demanded at a hearing.
.;
....
5. Admitted in part. Denied in part. It is admitted that plaintiff has made a
proposal of settlement of this matter. It is denied that it was a final settlement and that he has
made numerous final settlement proposals. Strict proof thereof is demanded at a hearing.
6. Admitted in part. Denied in part. It is admitted that Plaintiff has presented a
document that purports to indicate that there was $74,114.94 in Plaintiffs Thrift Savings Plan
as of 06/30/96, which was within a month of separation. It is denied that the document is
authentic and that Plaintiff s Thrift Savings Plan does not contain additional funds. Strict proof
thereof is demanded at a hearing.
7. Admitted.
8. Denied. It is denied that that plaintiff is in dire need of funds from his Thrift
Savings Plan, as he is in jeopardy of losing his housing, has not been able to pay his bills and is
in a precarious financial state. It is denied that such funds would be extremely helpful to
plaintiff given his current physical and financial state. Strict proof thereof is demanded at a
hearing.
9. Admitted. By way of further answer, Defendant's conditions are to protect her
interests in the marital assets.
10. Denied. It is denied that Defendant's requirements are overly excessive.
Defendant is without sufficient information to form a belief as to what Plaintiff believes.
11. Denied. It is denied that a full or partial distribution of the marital portion of
Plaintiffs thrift Savings Plan would not cause harm to Defendant or prevent her from receiving
a fair marital settlement. Strict proof thereof is demanded at a hearing.
12. Paragraph 12 is in the nature of a prayer for relief and no answer is warranted.
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NEW MATTER
13. Defendant believes and therefore avers that Plaintiff has other assets that could
be used if he was in such dire financial straits.
14. Defendant believes and therefore avers that if Plaintiff suffered from such
serious medical disability, he would be eligible for Social Security Disability.
15. Defendant believes and therefore avers that Plaintiff has not filed for Social
Security Disability.
WHEREFORE, Defendant, Joan F. Gwirtz, respectfully requests that this Honorable
Court:
A. Deny Plaintiffs Petition for Special Relief.
B. Order Plaintiff to apply for Social Security Disability.
C. Such other relief as the court may deem appropriate.
Respectfully submitted,
DATE: q-L( -oy
acqu ine M. Verney, Esquire
Supreme Ct. ID 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Defendant
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VERIFICATION
I verify that the statements made in this Answer and New Matter are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section
4904 relating to unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that true and correct copy of the
attached pleading filed in this matter was served upon the following on the date indicated
by personal service.
Jane Adams, Esquire
64 South Pitt Street
Carlisle, P A 17013
Date: Cf - 21-0&
11~
acqu ine M. Verney, Esquire #23
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Defendant
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STEVEN E. GWIRTZ,
Plaintiff/Petitioner
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
JOAN F. GWIRTZ,
Defendant/Respondent
NO. 99-641 CIVIL TERM
IN DIVORCE
PACSES CASE NO: 416108605
ORDER OF COURT - RESCHEDULE A CONFERENCE
AND NOW, this 13th day of October, 2006, upon consideration of the Petition for Alimony Pendente Lite
and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shaddavon
November 1. 2006 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the
conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior
conference date of October 18, 2006.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule 19l0.ll@
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
(6)
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
Edgar B. Bayley, President Judge
Copies mailed to: Petitioner
Respondent
Jane Adams, Esq.
Jacqueline Verney, Esq.
Date of Order: October 13, 2006
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JOAN F. GWIRTZ,
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on '1::/3/tt 9
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of
the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
Date: I (. ~ ~ . 0 fa
~~jff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER &3301(c) AND ~3301(d) OF THE DIVORCE CODE
1. I consent to 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. 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: II- ~~ . 010
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
JOAN F. GWIRTZ,
AFFIDAVIT OF CONSENT
2(3/99
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of
the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
Date: Il-"Z 'Z. -0 ~
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) AND ~3301(d) OF THE DIVORCE CODE
I. I consent to 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. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
Date: /1- l..:z. -0 (p
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JOAN F. GWIRTZ,
MARRlAGESETTLEMENTAGREEMENT
THIS AGREEMENT, made this C),'d, n cLday of f) (J"Vol4Y1 he~ , 2006, by and
between, STEVEN E. GWIRTZ, of Carlisle, Cumberland County, Pennsylvania, hereinafter
referred to as "HUSBAND", and, of JOAN F. GWIRTZ, of
Cumberland County, Pennsylvania, hereinafter referred to as "WIFE".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 4, 1978, and;
WHEREAS, there were no children born of this marriage;
WHEREAS, diverse, unhappy differences, disputes, and difficulties have arisen between
the parties and it is the intention of Husband and Wife to live separate and apart for the rest of
their natural lives, and the parties desire to settle their respective financial property rights and
obligations as between each other, including the settling of all matters between them relating to
ownership and equitable distribution of real and personal property; the settling of all matters
between them relating to the past, present, and future support, alimony, and/or maintenance of
Husband or Wife; and in general, the settling of any and all possible claims by one against the
other or against their respective estates;
NOW THEREFORE, Husband and Wife, in consideration ofthe mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and
Wife hereby covenant and agree as follows:
1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a
full and fair disclosure of income, assets, and their valuation prior to the execution of this
Agreement as well as any other fact relating in any way to the subject matter of this agreement.
These disclosures are part of the consideration made by each party for entering into this
agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or
otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the
exception of disclosure that may have been fraudulently withheld. In the event that either party,
at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the
right to petition the Court of Common Pleas of Cumberland County to make equitable
distribution of such asset. The non-disclosing party shall be responsible for payment of counsel
fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset.
2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel
of Jane Adams, Esquire as his attorney. The Wife has employed and had the benefit or counsel
of Jacqueline Verney, Esquire, as her attorney. Each party has carefully and completely read this
agreement and has been advised and is completely aware not only of its contents but of its legal
effect.
3. SEPARATION. The parties intend to maintain separate and permanent domiciles
and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere
with the other party in any manner whatsoever. Each party may carry on and engage in any
employment, profession, business or other activity as he or she may deem advisable. Neither
party shall interfere with the uses, ownership, enjoyment, or disposition of any property now
owned and not specified herein or property hereafter acquired by the other.
4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed
a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is
irretrievably broken under the no-fault mutual consent provision of Section 330 I ( c) ofthe
Pennsylvania Divorce Code. Wife hereby expresses her agreement that the marriage is
irretrievably broken and expresses her intent to execute any and all affidavits or other documents
necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce
Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce
Code. The provisions of this Agreement relating to equitable distribution of property of the
parties are accepted by each party as a final settlement for all purposes whatsoever, as
contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment, or order of separation or divorce be obtained by either of the
parties in this or any other state, country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be affected in any way by any such
separation or divorce; and that nothing in any such decree, judgment, order, or further
modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether
or not either or both of the parties shall remarry. It is specifically agreed that a copy of this
Agreement or the substance of the provisions thereof, may be incorporated by reference into any
divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the
specific intent of the parties to permit this Agreement to survive any judgment and to be forever
binding and conclusive upon the parties.
5. DATE OF EXECUTION. The "date of execution" or "execution date" of this
agreement shall be defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or "execution
date" of this Agreement shall be defined as the date of execution by the party last executing this
Agreement. All provisions of this agreement shall be effectuated by the parties within thirty
(30) days of the execution date of this agreement unless otherwise specified within this
agreement.
6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this
agreement, each party may dispose 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 advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights, and claims.
7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants
that they have not contracted any debt or liability for the other or which the estate of the other
party may be responsible or liable, and except only for the rights arising out of this agreement,
neither party will hereafter incur any liability whatsoever for which the other party or the estate
of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other
and against all future obligations of every kind incurred by them, including those for necessities.
8. OUTSTANDING JOINT DEBTS.
(a) Wife agrees that the following debts are her own personal responsibility and therefore
agrees to completely and finally pay on the following debts and obligations.
Any and all debts in her name alone.
(b) Husband agrees that the following debts are his own personal responsibility and
therefore agrees to completely and finally pay on the following debts and obligations.
Any and all debts in his name alone.
9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have
attempted to distribute their marital property in a manner which conforms to the criteria set forth
in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is
not intended by the parties to constitute in any way a sale or exchange of assets, and the division
is being effected without the introduction of outside funds or other property not constituting
marital property. The division of property under this Agreement shall be in full satisfaction of all
the marital rights of the parties.
As such, the parties acknowledge that Husband or Wife's obligation to make the
payments defined in this agreement shall not be subject to termination, discharge, or
discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should
Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his
obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she
shall immediately be obligated to pay alimony to the other party in an amount equal to the
monthly obligation on such debts that he or she otherwise had assumed and for which he had
taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration
of the tax consequences associated with receipt of alimony. At the time of the implementation of
this alimony award, which may be made through the appropriate Domestic Relations of support
office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may
select, such party shall then be responsible for any such debts extinguished through the other
party's bankruptcy as described herein.
10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge
that they have previously divided all their tangible personal property. Except as may otherwise
be provided in this Agreement, Wife agrees that all of the property of Husband or in his
possession shall be the sole and separate property of Husband; and Husband agrees that all of the
property of Wife or in her possession shall be the sole and separate property of Wife. The parties
do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he
or she may have with respect to the above items which shall become the sole and separate
property of the other.
11. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. Other than as provided
by this agreement, the parties agree to waive any and all rights they have in and to each other's
employment benefits, including but not limited to both parties pensions and retirement plans and
Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the
other at any time in the future.
The parties separated in June 1996. With respect to Husband's Thrift Savings
Plan, the parties agree as follows:
1. Contemporaneously with this agreement, the parties will execute a
TSP-77 which will allow Husband to immediately withdraw $50,000.00 from
his Thrift Savings Plan.
2. Within thirty days of this agreement, the parties will execute a Qualifed
Domestic Relations Order which will provide that the amount of $90,000.00
shall be transferred into a separate IRA account for Wife's benefit.
3. Wife waives any and all interest in the remaining amount left in
Husband's Thrift Savings Plan account after her funds have been
transferred.
4. Each party shall be responsible for any penalties or tax consequences for
any amount that they withdraw from the Thrift Savings Plan. .t!' ~W TE"
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\~~..'(./S' If eligible, "WhiB lLilt:lllarB dtkii aBIJi8BleBt,.HBsbaBd will siga a form ~~
(,7 designating Wife as beneficiary of 50% survivor benefits, level paym"ent, and )~U
B..I' easb refBBd 1'6. bi, FElt:! l..neAt. A~' N ~ fA. lhMA I (,'''Y NWJ:x ~ GU7t:.
r<<..~ ".Nt F8l>i.AM- )~L~,T> ANI> c.. Co
~~~' 6 If eligible, Within thirty days of this agreement, Husband will sig~a form 0" (.d .
designating Wife as 50% beneficiary of the Federal Employees Group Life W"
. Insurance as well as a standard form designating her as 50% beneficiary of
any continuing annuities.
12. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party
hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party
agrees to be responsible for his or her own legal fees and expenses. The parties herein
acknowledge that by this Agreement, they have respectively secured and maintained a substantial
and adequate fund with which to provide for themselves sufficient financial resources to provide
for their comfort, maintenance, and support in the station of life to which they are accustomed.
Wife and Husband do hereby waive, release, and give up any rights they may respectively have
against the other for alimony, support, or maintenance.
13. INCOME TAX RETURNS. The parties have previously filed joint State and
Federal Tax returns. Both parties agree that in the even any deficiency in Federal or State income
tax is proposed, or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty, and expense incurred in connection therewith.
Such tax, interest, penalty, or expense shall be paid solely and entirely by the individual whose is
finally determined to be the cause of the misrepresentations or failures to disclose the nature and
extent of his or her separate income on the aforesaid joint returns.
14. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and
no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent
default of the same or similar nature.
15. MUTUAL COOPERATION. Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and
all further instruments and/or documents that the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this Agreement.
16. APPLICABLE LAW. The Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this
Agreement.
17. INTEGRATION. This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements or negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
18. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they
will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds,
notes, or such other writings as may be necessary or desirable for the proper effectuation of this
Agreement.
19. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this Agreement. The failure of
either party to insist upon strict performance of any of the provisions of this Agreement shall in
no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any
default or breach of any provision hereof by construed as a waiver of any subsequent default or
breach of the same or similar nature, not shall it be construed as a waiver or strict performance of
any other obligations herein.
20. SEVERABILITY. If any term, condition, clause, or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause, or provisions shall be stricken from this Agreement; and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligations under anyone or more of the paragraphs herein,
with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter
the remaining obligations of the parties.
21. BREACH. If either party breaches any provisions of this agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach, or seek other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this agreement.
23. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement
acknowledges that he or she is fully informed as to the facts relating to the subject matter of this
agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion
or duress of any kind, has given careful thought to the making of this agreement, has carefully
read each provision of this agreement, and fully and completely understands each provision of
this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written:
WITNESS:
acqu ne Verney, E!~
44 S. anover St.
Carlisle, Pa. 17013
Attorney for Wife
Date:
e Adams, Esquire
ij S. Pitt St.
Carlisle, Pa. 17013
Attorney for Husband
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
STEVEN E. GWIRTZ ) Docket Number 99-641 CIVIL
Plaintiff )
vs. ) PACSES Case Number 416108605
JOAN F. GWIRTZ )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this 12TH DAY OF DECEMBER, 2006
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or ~ Other
ALIMONY PENDENTE LITE
filed on SEPTEMBER 12, 2006 in the above captioned
matter is dismissed without prejudice due to:
THE PARTIES ENTERING INTO A MARITAL SETTLEMENT AGREEMENT AND PETITIONER
WITHDRAWING HIS REQUEST FOR ALIMONY PENDENTE.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BYTHE~1 ~ ~
M. L. Ebert, Jr., JUDGE
DRO: R. J. Shadday
Service Type M
Form OE-506
Worker ID 21005
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STEVEN E. GWIRTZ,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 99 - 641 CIVIL
JOAN F. GWIRTZ,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
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been
2007, the economic claims raised in the proceed
resolved in accordance with a marriage settlement agreement
dated November 22, 2006, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
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cc: ~ne Adams
vAttorney for Plaintiff
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
JOAN F. GWIRTZ,
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the record, together with the following
information to the Court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code.
2. Date and manner of the service of the Complaint: Accepted by Defendant's Attorney,
Acceptance of Service signed February 8, 1999.
3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code:
By Plaintiff:
November 22,2006
By Defendant:
November 22, 2006
4. Related claims pending: None.
5. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: November 27,2006
Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: November 27,2006
Date:
;.-9-7
Respectfully Submitted:
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J Adams, Esquire
D No. 79465
64 S. Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
Steven E. Gwirtz, Plaintiff
No. 99 ~ 641 Civil Term
No.
VERSUS
Joan F. Gwirtz, Defendant
DECREE IN
DIVORCE
AND NOW,
1~Nuf\t'{
IT IS ORDERED AN D
13
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,
Steven E. Gwirtz
DECREED THAT
, PLAI NTI FF,
Joan F. Gwirtz
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 marriage settlement agreement which was executed November 22,2006, and
filed November 27, 2006, shall be incorporated and not merged into this Decree.
BYTHE~_ ~~\
ATTEST:
PROTHONOTARY
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STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99 - 641 CIVIL
JOAN F. GWIRTZ, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
JOINT MOTION FOR ENTRY OF RETIREMENT BENEFITS ORDER
1. Plaintiff is Steven E. Gwirtz, (hereinafter referred to as "Husband"), whose
address is P.O. Box 903, Carlisle, Pa. 17013. His social security number is: 173-40-4850.
His counsel of record is Jane Adams, Esquire.
2. Defendant is Joan F. Gwirtz, (hereinafter referred to as "Wife"), whose address
is: P.O. Box 1403, Mechanicsburg, Pa., 17055. Her social security number is: 206-34-6188.
Her counsel of record is Jacqueline Verney, Esquire.
3. The parties were Husband and Wife and an action in Divorce was filed under
the above-captioned number on February 3, 1999.
4. The Decree in Divorce was entered on January 23,2007.
5. Husband has a Thrift Savings Plan which has a current approximate value of
$160,000.00.
6. Pursuant to the parties' marriage settlement agreement of November 22, 2006,
the parties agreed that Wife is to be awarded $90,000.00 to be rolled over into a separate
account for her benefit.
7. Wife's money cannot be transferred without a court Order.
8. The parties both request that an Order be entered to effectuate the transfer.
WHEREFORE, the parties jointly request entry of the attached Order.
~ '<< J#~
In Adams, Esquire
6 . Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR
STEVEN E. GWIRTZ
Date: I -- ( C .~ 1
J ac eline M. Verney, Esquire
44 S. Hanover St.
Carlisle, Pa. 17013
(717) 243-9190
ATTORNEY FOR
JACQUELINE M. VERNEY
Date: /~ -:J-. 7 -o~
1 ) I U ) o(
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P dan F. Gwirtz, Defendant ("
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f . _
JANIO_ pj
STEVEN E. GWIRTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 99 - 641 CIVIL
JOAN F. GWIRTZ, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
RETIREMENTS BENEFITS COURT ORDER
AND NOW, this
1\1-(
Day of
J~\)'t't
, 2007, after reviewing
the marriage settlement agreement between the parties and their Joint Motion, it is
hereby ORDERED and DECREED as follows:
1. Plaintiff is Steven E. Gwirtz, whose address is P.O. Box 903, Carlisle, Pa.
17013. His social security number is: 173-40-4850.
2. Defendant is Joan F. Gwirtz, whose address is: P.O.
Box 1403, Mechanicsburg, Pa., 17055. Her social security number is: 206-34-6188.
3. Defendant, Joan F. Gwirtz, is hereby awarded the amount of $90,000.00 from
the Thrift Savings Plan Account of Steven E. Gwirtz. This amount shall be rolled over
into an IRA at National Financial Service, into account number #DFH052388.
,
J.
cc: Jackie Verney, Esquire
Jane Adams, Esquire
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