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41
MARTHA LUTZ,
PLAINTIFF
V.
DAVID W. LUTZ,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- v'3G fit, 0 l._..
CIVIL ACTION - 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 arc 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 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 manage 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.
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
TWO LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Plcas 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 ]cast 72 hours prior to any hearing of business before the
Court.
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5562.1.WDIVORCI: COMPLAINVAWAld
MARTHA LUTZ,
PLAINTIFF
V.
DAVID W. LUTZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9%. G'/ 31, &j -J;-
CIVIL ACTION - DIVORCE
COMPLAINT IN DIVORCE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, Martha Lutz, by her attorneys, SMIGEL, ANDERSON & SACKS,
and represents as follows;
1. Plaintiff is Martha Lutz, who currently resides at 1223 Dickinson Drive, Carlisle, Cumberland
County, Pennsylvania and has resided there since on or about 1986.
2. Plaintiffs Social Security No. is 280-48-7513.
3. Defendant is David W. Lutz, who currently resides at 634 West Old York Road, Carlisle,
Cumberland County, Pennsylvania and has resided there since on or about September 24, 1999.
4. Defendant's Social Security No. is 206-38-9836.
5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
6. The Plaintiff and Defendant were married on June 8, 1979, at Carlisle, Pennsylvania.
7. There have been no prior actions of divorce or for annulment between the parties.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the Court require the parties to participate in counseling.
COUNTI
DIVORCE UNDE113301(n)(6) OF TIIF, DIVORCE CODE
9. Plaintiff repeats and rcallcges the avcnnents of paragraphs 1 through 8 which arc incorporated
by reference herein.
10. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to
render her condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce pursuant to Section
3301(a)(6) of the Divorce Code.
COUNT II
FQUITAIII.E DISTRIBUTION
11. Plaintiff repeats and rcallcges the avcnnents of paragraphs 1 through 10 which arc
incorporated by reference hcrcin.
12. Plaintiff and Defendant possess various items of both real and personal marital property
which is subject to equitable distribution by this Court.
W111FREFORE, Plaintiff requests this Court to cquitably distribute the marital property after an
inventory and appraisement has been filed by the panics.
COUNT III
ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE
13. Plaintilrrepeats and rcallcges the averments of paragraphs I through 12 which arc
incorporated by reference herein.
14. Plaintiff requires support to adequately maintain herself in accordance with the standard of
living established during the marriage.
-2 -
WHEREFORE, Plaintiff requests the Court to award her reasonable alimony pursuant to
Section 3701 of the Divorce Code.
COUNT IV
MAINTENANCE OF LIFE INSURANCE UNDER SECTION 3502(d)
15. Plaintiff repeats and realleges the averments of paragraphs 1 through 14 which are
incorporated by reference herein.
16. Plaintiff has no life insurance other than that presently available to her through Defendant
and lacks sufficient funds to acquire or maintain a new life insurance policy.
17. Defendant is the owner of a life insurance policy or policies for which Plaintiff is the
designated beneficiary or has been the designated beneficiary during the marriage.
18. Without intervention by the Court directing that Plaintiff be maintained as beneficiary,
Plaintiff is fearful that Defendant will change the beneficiary in order to defeat her interests in the
policy.
WHEREFORE, Plaintiff requests the Court to enter an Order directing Defendant to maintain
the existing life insurance coverage on his life and further to maintain Plaintiff as sole beneficiary
thereunder.
COUNT V
ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND
EXPENSES UNDER SECTION 3702
19. Plaintiff repeats and realleges the averments of paragraphs 1 through 18 which are
incorporated by reference herein.
20. Plaintiff has no adequate means of support for herself during the course of this litigation.
-3 -
21. Plaintiff does not have sufficient funds to pay counsel fees, costs or expenses incidental to
this action.
22. Pluintiffhas no health insurance other than that presently available to her through
Defcndutu's employment.
WIMIFF-011F:, Plaintiff requests the Court to award her alimony pendente lite, counsel fees,
costs and expenses,
COUNT VI
EXCLUSIVE POSSESSION OF THE MARITAL HOME
UNDER SECTION 3502(c)
23. Ilaintiff repcals and rcallcgcs the averments of paragraphs I through 23 which are
incorporated by reference herein.
24. 111alndff requests the Court to order that she be entitled to exclusive use of the family home
on hoth nn interim and pcmtnncnt basis.
WIMIF:FORE, plaintiff requests the Court to award her exclusive use and possession of the
marital home pursuant to Section 3502(c) of the Divorce Code.
SMIGEL, ANDERS N & S CKS
Date: October 21, 1999 By: `
LEROY SMIGEL, ESQUIRE
I.D. #09617
ANN V. LEVIN, ESQUIRE
I.D. #70259
2917 NORTH FRONT STREET
HARRISBURG, PA 17110
(717) 234-2401
ATTORNEYS FOR PLAINTIFF
-4 -
VERIFICATION
1, Martha Lutz, verify that the statements contained in the foregoing pleading are true and correct to
the best of my knowledge, information and belief. 1 understand that false statements therein are made
subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities.
Date: a 9?
MART A LUTZ
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MARTHA LUTZ, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID W. LUTZ,
DEFENDANT : 99-8438 CIVIL TERM
ORDER OF COURT
AND NOW, this 2 _day of October, 1999, a Rule Is entered
against David W. Lutz to show cause why the relief requested herein should not be
granted. Rule returnable at a hearing to be conducted in Courtroom Number 2,
Cumberland County Courthouse, Carlisle, Pennsylvania, at 8:45 a.m., Friday,
November 5, 1999.
LeRoy Smigel, Esquire
For Plaintiff
Thomas J. Williams, Esquire
For Defendant
:sea
By the Court,
All
Edg ley, J.
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MARTHA LUTZ, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID W. LUTZ,
AND NOW, this day of
DEFENDANT
N0. 'if• 6 v3GCt,;,' 'r.-
: CIVIL ACTION -DIVORCE
ORDER
1999, it is hereby ordered that:
Husband is enjoined from dissipating, selling, encumbering, or otherwise alienating all of
the parties' assets.
2. All marital and joint accounts, including but not limited to checking, savings, securities,
brokerage, individual retirement accounts, pensions, Keogh, and any other retirement accounts are
frozen and cannot be dissipated, transferred, encumbered or otherwise alienated by either party.
3. Husband shall maintain and pay the premiums for all life insurance policies in existence
as of August 1, 1999 which provide life insurance coverage on Husband's life. Further Husband shall
maintain Wife as sole beneficiary thereunder.
4. Husband shall maintain Wife as beneficiary on all pension, Keogh and/or any other
retirement accounts.
5. Husband shall provide an accounting to Wife's counsel, with supporting documentation,
of all marital and non-marital assets within 10 days.
By the Court:
J.
MARTHA LUTZ, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO.
DAVID W. LUTZ,
DEFENDANT : CIVIL ACTION -DIVORCE
RULE TO SHOW CAUSE
AND NOW, this day of , 1999, upon consideration of the
attached Petition for Special Relief, a RULE is hereby issued on Defendant to show cause, if any there be,
why the relief requested should not be granted.
Rule returnable
days from service.
-OR-
Rule returnable at hearing on this matter scheduled for the day of
19_, at o'clock _.m., Courtroom No. , Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania.
Pending a hearing on this matter, it is ordered that:
1. Husband is enjoined from dissipating, selling, encumbering, or otherwise alienating all of the
panics' assets.
All marital and joint accounts, including but not limited to checking, savings, securities,
brokerage, individual retirement accounts, pensions, Keogh, and any other retirement accounts are frozen
and cannot be dissipated, transferred, encumbered or otherwise alienated by either party.
Husband shall maintain and pay the premiums for all life insurance policies in existence as
of August 1, 1999 which provide life insurance coverage on Husband's life, Further Husband shall maintain
Wife as sole beneficiary thereunder.
BY THE COURT:
5562.14Mctilion Gx Special RelicPAVUkLVOctober 21, 1999
MARTHA LUTZ,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID W. LUTZ,
DEFENDANT
NO. C% 9. el `/3(. 6,.,_Y %«a
CIVIL ACTION - DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes Petitioner, Martha Lutz, by and through her counsel, Smigel, Anderson &
Sacks, and avers as follows:
COUNTI
PRESERVATION AND ACCOUNTING OF MARITAL ASSETS
1. Petitioner is Martha Lutz (hereinafter referred to as "Wife") who currently resides at 1223
Dickinson Drive, Carlisle, Cumberland County, Pennsylvania.
2. Respondent is David W. Lutz (hereinafter referred to as "Husband") who currently
resides at 634 West Old York Road, Carlisle, Cumberland County, Pennsylvania.
3. The parties were married on June 8, 1979 and separated on or about September 24, 1999.
4. Wife has, simultaneously with the filing of this petition, initiated a divorce action in
which she seeks economic relief including equitable distribution, alimony, alimony pendente lite,
counsel fees, costs and expenses.
5. During the parties' marriage they accumulated substantial assets. Most of these marital
assets are within Husband's exclusive control.
6. These assets include, but are not limited to, investment accounts with Legg Mason and
American Express.
The parties also have an interest in Master Manufacturers, Inc.
8. Wife does not have free access to information and accounts related to the business.
9. Wife believes that Husband may maintain other accounts of which she is not currently
aware and cannot access.
10. Wife also believes that Husband may transfer, sell or otherwise dissipate the value of the
parties' numerous other assets prior to final distribution.
11. Wife also believes that Husband may transfer, sell or otherwise dissipate the parties'
other assets to his family or another third party prior to final distribution.
12. The Divorce Code gives the court equity power to grant the relief requested herein.
In all matrimonial causes, the court shall have full equity power and jurisdiction and may
issue injunctions or other orders which are necessary to protect tine interests of the parties
or to effectuate the purposes of this part and may grant such other relief or remedy as
equity and justice require against either party or against any third person over whom the
court has jurisdiction and who is involved in or concerned with the disposition of the
cause.
23 Pa.C.S.A. §3323(1).
13. The Rules of Civil Procedure also allow this court to:
(a) Issue preliminary or special injunctions necessary to prevent the removal,
disposition, alienation or encumbering of real or personal property in accordance with Rule
153 1 (a),(c),(d), and (e); or
(b) Order the seizure or attachment of real or personal property; or
(c) Grant other appropriate relief.
Pa.R.C.P. §1920.43(a).
14. The Divorce Code also specifically references this authority as follows:
2
Where it appears to the court that a party is about to ... dispose of, alienate or encumber
property in order to defeat equitable distribution, alimony pendcntc life, alimony, child
and spousal support or a similar award, an injunction may issue to prevent the removal or
disposition and the property may be attached as prescribed by general rules. The court
may also issue a writ of ne exeat to preclude the removal.
23 Pa.C.S.A. §3505(a).
15. Wife has limited access to funds and needs to insure that they are preserved for equitable
distribution purposes.
WHEREFORE, it is respectfully requested that this Honorable Court enter an order directing:
A. Husband be enjoined from dissipating, selling, encumbering, or otherwise
alienating all of the parties' assets.
B. All marital and joint accounts, including but not limited to checking, savings,
securities, brokerage, individual retirement accounts, pensions, Keogh, and any other retirement
accounts be frozen and shall not be dissipated, transferred, encumbered or otherwise alienated by
either party.
C. Husband be required to maintain Wife as beneficiary on all pension, Keogh and/or
any other retirement accounts.
D. Husband be required to provide an accounting to Wife's counsel, with supporting
documentation, of all marital and non-marital assets within 10 days.
COUNT 11
MAINTENANCE OF LIFE INSURANCE
16. Wife repeats and realleges the averments of paragraphs I through 15 which arc
incorporated by reference herein.
17. Husband is the owner of various life insurance policies. These policies were in effect
prior to separation and Wife was the beneficiary of these policies.
18. Wife has learned that Husband has changed the beneficiary on his life insurance policies.
19. Wife believes that Husband changed the beneficiary in order to defeat her interest in the
policies.
20. Pursuant to §3502 of the Divorce Code:
The court may direct the continued maintenance and beneficiary designations of existing
policies insuring the life or health of either party which were originally purchased during
the marriage and owned by or within the effective control of either party.
WHEREFORE, Wife requests the court to enter an Order directing Husband to maintain and pay
the premiums for the existing policies providing life insurance coverage on Husband's life and further to
maintain Wife as sole beneficiary thereunder.
SMIGEL,AND SON SACKS
Date: October 21, 1999 By-__V
LeRoy Sm' el, Esquir
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Petitioner
{..u.y1!4hx:1:CMaet
VERIFICATION
1, Martha Lutz, verify that the statements contained in the foregoing pleading are true and correct to
the best of my knowledge, information and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities.
Date: 0 2
MARTHA LUTZ
MARTHA LUTZ,
PLAINTIFF
V.
DAVID W. LUTZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 9 t, v 3t. C(,a 7.-,
CIVIL ACTION - DIVORCE
PLAINTIFF'S DEMAND FOR HEARING ON COUNT V,
CLAIM FOR ALIMONY PENDENTE LITE
AND NOW, comes Plaintiff, Martha Lutz, pursuant to Rule 1920.31(x)(3), and hereby demands
a hcaiing on her claim set forth in Count V of Plaintiffs Complaint for alimony pendente litc.
Date: October 21, 1999
SMIGEL, ANDERSON & SAC S
By:
LeRoy Smige squire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
DRS ATTACHMENT FOR APL PROCEEDINGS
PETITIONER: Martha Lutz
DOB: July 28, 1950
SSN: 28048-7513
ADDRESS: 1223 Dickinson Drive, Carlisle, PA 17013
PHONE: 717/243-8629
ATTORNEY: LeRoy Smigel, Esq./Ann V. Levin, Esq.
PETITIONER'S EMPLOYMENT: N/A HOW LONG: N/A
NET PAY:N/A PER: JOB TITLE: N/A
OTHER INCOME (AMOUNT, SOURCE):
RESPONDENT: David W. Lutz
DOB: January 4, 1950
SSN: 206-38-9836
ADDRESS: 634 West Old York Road, Carlisle, PA 17013
PHONE:
ATTORNEY: Thomas J. Williams, Esq.
RESPONDENT'S EMPLOYMENT: Master Manufacturers, Inc. HOW LONG:
NET PAY: $136,000 (gross) PER: JOB TITLE: Executive
OTHER INCOME (AMOUNT, SOURCE):
- Interest and dividend income
- Income from Defendant's 80% ownership interest in Master Manufacturers, Inc. and other income
sources to be determined.
WHEN MARRIED: June 8, 1979 WHERE: Carlisle, PA
DATE SEPARATED: September 24, 1999
WHERE LAST LIVED TOGETHER: 1223 Dickinson Drive, Carlisle, PA 17013
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MARTHA LUTZ, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99 - 6436
DAVID W. LUTZ,
Defendant : CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann V. Levin, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby
certify that I served a true and correct copy of Plaintiffs Complaint in Divorce, Petition for
Special Relief and Plaintiffs Demand for Hearing on Count V, Claim for Alimony Pcndentc Lite
on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the
22nd day of October, 1999, addressed as follows:
Thomas J. Williams, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
SMIGEL, ANDERSON & SACKS
By: _ V /,-D
Le oy Smigel, Esquire
I.D. # 09617
Ann V. Levin, Esquire
I.U. # 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Plaintiff
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MARTHA LUTZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DAVID W. LUTZ,
Defendant 99-6436 CIVIL TERM
AND NOW, this 5th day of November, 1999, this matter
having been called on plaintiff's petition for special relief,
and the parties having reached agreement, IT IS ORDERED:
1. All marital assets are frozen and shall not be
dissipated or encumbered pending further order of court or
written agreement. Wife will not prevent husband from selling
his airplane, and the parties shall negotiate the distribution
of all proceeds obtained therefrom.
2. Husband shall maintain all life insurance
policies he owns, and he will forthwith transfer such policies
to wife. Upon transfer, wife shall immediately name herself as
beneficiary and the parties' children as contingent
beneficiaries and shall not change these designations pending
further order of court or written agreement.
3. Husband shall maintain wife as a beneficiary on
all of his pension and/or related retirement plans pending
further order of court or written agreement.
4. Husband shall provide wife, through her counsel,
all monthly financial statements generated in the normal course
of his business.
By the.Cou t,
r B. Bayley,
FP ED-O'FICE
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LeRoy Smigel, Esquire
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For Plaintiff
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Thomas J. Williams, Esquire
For Defendant
Sheriff - C?d4"4( cw:drd ??IsIg9.
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MARTHA LUTZ, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99 - 6436
DAVID W. LUTZ,
DEFENDANT CIVIL ACTION - DIVORCE
ACCEPTANCE OF SERVICE
I, Thomas J. Williams, counsel for Defendant, accept service of the Complaint in Divorce filed
on October 21, 1999 on behalf of Defendant and certify that I am authorized to do so.
Date, expoW Q :r, t 494
Thomas J. gams, Esquire
6661 5 Z 100
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MARTHA LUTZ, IN THE COURT OF COMMON PLEAS OF
PlaintiR/Pctilioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO.99-6436 CIVILTERM
DAVID W. LUTZ, IN DIVORCE
Defcndant/Respondcra DR# 29,125
Pacscs# 4491111652
ORDER OF COURT
AND NOW, this 22"d day of November, 1999, upon consideration of the attached Petition for
Alimony Pcndcntc Lite and/or counsel fees, it is hereby directed that llte panics and their respective
counsel appear before R.J. Shaddav on December 11. 1999 at 10:30 A.M. for a conference, at 13 N.
Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for
Alimony Pcndcntc Lite be entered.
YOU arc further ordered to bring to the confcrcncc:
(1) a true copy of your most recent Federal Intone Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Intone and Expense Statement attached to this order, completed as required by Rule
1910.110
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have mailable to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
r w n
BY THE COURT, M .3
George E. Holier, President Jude ; ? _t
/_ .{ . ? n rn
Mail topics on Petitioner i
11-22-99 to: < Respondent
LcRoy Smigcl, Esquire
Thomas J. Williams, Esquire
J •??+-.. C? N
Date of Order: -November 22. 1999
R. IYUShadday, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717)249.3166
` 5562.1-VDEMAND FOR HEARINGIAVLAId
MARTHA LUTZ,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 9 9. 4 y 3l. ! n" n
DAVID W. LUTZ -'
DEFENDANT CIVIL ACTION -DIVORCE
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PLAINTIFF'S DEMAND FOR HEARING ON COUNT V. r ??
CLAIM FOR ALIMONY PENDENTE LITE "A
AND NOW, comes Plaintiff, Martha Lutz, pursuant to Rule 1920.3 1 (a)(3), and hereby demands
a hearing on her claim set forth in Count V of Plaintiffs Complaint for alimony pendente lite.
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Date: October 21, 1999
SMIGEL, ANDERSON & SAC
4
By:
LeRoy SmigeMsquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
DRS ATTACHMENT FOR APL PROCEEDINGS
PETITIONER: Martha Lutz
SSN: 28048-7513
DOB: July 28, 1950
ADDRESS: 1223 Dickinson Drive, Carlisle, PA 17013
PHONE: 717/243-8629
ATTORNEY: LeRoy Smigel, Esq./Ann V. Levin, Esq.
PETITIONER'S EMPLOYMENT: N/A HOW LONG: N/A
NET PAY:N/A PER: JOB TITLE: N/A
OTHER INCOME (AMOUNT, SOURCE):
RESPONDENT: David W. Lutz
DOB: January 4, 1950
SSN: 206-38-9836
ADDRESS: 634 West Old York Road, Carlisle, PA 17013
PHONE:
ATTORNEY: Thomas J. Williams, Esq.
RESPONDENT'S EMPLOYMENT: Master Manufacturers, Inc. HOW LONG:
NET PAY: $136,000 (gross) PER: JOB TITLE: Executive
OTHER INCOME (AMOUNT, SOURCE):
- Interest and dividend income
- Income from Defendant's 80% ownership interest in Master Manufacturers, Inc. and other income
sources to be determined.
WHEN MARRIED: June 8, 1979 WHERE: Carlisle, PA
DATE SEPARATED: September 24, 1999
WHERE LAST LIVED TOGETHER: 1223 Dickinson Drive, Carlisle, PA 17013
MARTHA LUTZ, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
DAVID W. LUTZ,
V.
Defendant
NO. 99 - 6436
CIVIL ACTION - DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the Divorce Complaint filed in the above-captioned matter by the Plaintiff,
Martha Lutz, on October 21, 1999.
Date: January 31, 2000
Smlgel, Anderson & Sacks
By: V
LcR y Smigel, Esquire
I.D. # 09617
Ann V. Levin, Esquire
I.D. # 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
MARTHA LUTZ, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DR NO. 29,125
PACSES NO. 449101652
DAVID W. LUTZ,
Defendant CIVIL ACTION - SUPPORT
PRAECIPE
Please withdraw the Support Complaint filed in the above-captioned matter by the Plaintiff,
Martha Lutz.
Date: January 31, 2000
Smigel, Anderson & Sacks
By: .1
Le oy Smigcl, Esquire
I.D. # 09617
Ann V. Levin, Esquire
I.D. # 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
MARTHA LUTZ ) Docket Number 99-6436 CIVIL
Plaintiff )
VS. ) PACSES Case Number 449101652A9/176"
DAVID W. LUTZ )
Defendant ) Other State ID Number
Order
AND NOW to wit, this FEBRUARY 18, 2000 it is hereby Ordered
that:
THE ABOVE CAPTIONED PETITION FOR ALIMONY PENDENTE LITE IS DISMISSED WITHOUT
PREJUDICE, PURSUANT TO PETITIONER WITHDRAWING THE PETITION.
BY THE COURT:
DRO: RJ Shadday
xc: plaintiff
defendant
Thomas Williams, Esquire
Leroy Smigel, Esquire
Service Type M
Kevin/1. Hess JUDGE
Form OE-001
Worker ID 21005
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SMIGEL, ANDERSON
& SACKS LLP
ATTORNEYS AT LAW
April 3, 2002
The Honorable George E. Hoffer
Judicial Chambers
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Martha Lutz v. David W. Lutz
No. 99.6436
Dear Judge Hoffer:
LEROY SMIGEL, ESQUIRE
PHONE: (717)164.1401
TOLL FREE: 1-600.822-0767
FACSIMILE (717)164.1611
EMAIL: Iamleslgoasilp wm
www.udlp.com
File No.
5562-1-4
We are in receipt of a copy of Mr. Williams' March 11, 2002 letter to you. We are in
agreement that the Petition for Special Relief is not necessary since the Complaint has been
withdrawn.
Thank you for your attention to this matter.
Sincerely,
\-&, r
LeRoy
LRS:vlf
cc: Thomas J. Williams, Esquire
Ms. Martha Lutz
2917 North Front Street. liarrisbura. Pennsylvania 17110.1260
A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP
,.__...... 1
MARTSON DFARDORFF WILLIAMS A. OTTO
MM DWO
INFORMATION • ADVICE .ADVOCACY
TEN EAST HIcH STREET
CARLISLE. PENNSYLVANIA 17013
TELEPHONE (717) 243.3341
FACSIMILE (717)243.1850
INTERNET www.mdwo.com
Honorable George E. Hoffer, P.J.
Cumberland County Courthouse
Carlisle, PA 17013
T
March 11, 2002
RE: Martha Lutz v. David W. Lutz
No. 99-6436 - Cumberland County C.C.P.
Our File No. 5858,24
Dear Judge Hoffer:
ATTORNEYS & COUNSELLORS AT LAW
WILLIAM F. MARnoN
JONN B. Fowm III
EDWARD L SCHORIr
DANIEL K DEAMOR?F
THOMAS J. WILLIus-
NO V. OTro III
GEORGE B. FALLER JR.-
CARL C. RISC"
MARK A. DENLINGER
DAVID .'GALLOWAY
'aOMD CIATIFISD CIVIL Ta%Sncmun
This is to advise you that the Divorce Complaint in this matter was withdrawn on January
31, 2000, a copy of which is enclosed; consequently; the Petition for Special Relief is unnecessary.
Very truly yours,
I
(11 TJW/tde
Enclosure
I; i cc: LeRoy Smigel, Esquire
' FVIIFTMTANIffOMrrwVlfp"AI
MARTSON DEARDORFF WILLIAMS & OTTO
Thomas J. Williams
INFORMATION - ADVICE • ADVOCACY'"
O A rtoRNEYS & COUNSELwRS AT LAW
M UW WILLIAM F. MARTSON
JoNN 11. FcwuR 111
InWARn D SCNORFF
DANIEL K. DEARDORFF
TEN FAST HIGH SrwEr Ttiom S J. WILLUMS 0
CARLISLE. NENNSYLYANIA I70I3 No V. Oren III
GEORGE B. TALLER JR.'
CARL C. RISCfI
MARK A. DE.NLINGER
INTERNET DAvln R: GALLOWAY
'RIM1U L:EATIIIEO CIVIL TIIAL $NQAUTT
March 11, 2002
MARTSON DFARDORFF WILLIAMS 6 O'FTO
I -I
INFORMATION • AIIVIOL • AIri1M.ACY
TF.LFPIIONE p17) 243.3341
FACSIMILE (717) 243-1850 MARK A. DF.'4UNGER
www.mllwo.com
Honorable George E. Hoffer, P.J.
Cumberland County Courthouse
Carlisle, PA 17013
RE: Murtha Lutz v. David W. Lutz
No. 99-6436 - Cumberland County C.C.P.
Our File No. 5858.24
Dear Judge Hoffer:
This is to advise you that the Divorce Complaint in this matter was withdrawn on January
31, 2000, a copy of which is enclosed; consequently, the Petition for Special Relief is unnecessary.
Very truly yours,
MARTSON DEARDORFF WILLIAMS & OTTO
Thomas J?Williams
TJ W/tdc
Enclosure
cc: LeRoy Smigel, Esquire
F FILES' IMWILE0m11 n.1d151:4 jh I
INFORMATION • ADV ICG • ADVOCACY'"
MARTHA LUTZ, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
DAVID W. LUTZ,
V.
Defendant
NO. 99 - 6436
: CIVIL ACTION - DIVORCE
TO THE PROTHONOTARY:
PRAECIPE
please withdraw the Divorce Complaint filed in the above-captioned matter by the Plaintiff,
Martha Lutz, on October 21, 1999.
Date: January 31, 2000
Smigel, Anderson & Sacks
By: ll ,
LeR y Smigel, Esquire
I.D. H 09617
Ann V. Levin, Esquire
I.D. # 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR EMILY J. LUT7, a minor, NO. 21-99-1007
(Acct. #360.01626), and
MARTHA S. LUTZ, as custodian
ORDER
AND NOW, this day of , 1999, upon consideration of
the Objections of Martha S. Lutz to the Petition to Compel Filing of an Account by Custodian, it is
hereby ordered and decreed that the Petition is dismissed.
J.
/AVtA1d//0bjatiom/Octobcr 22. 1999 10:20 AM
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR EMILY J. LUTZ, a minor, NO. 21-99-1007
(Acct. #360-01626), and
MARTHA S. LUTZ, as custodian
OBJECTIONS TO PETITION TO COMPEL
FILING OF AN ACCOUNT BY CUSTODIAN
AND NOW, comes Martha S. Lutz, by and through her counsel, Smigel, Anderson & Sacks,
and files her Objections to the Petition to Compel Filing of an Account by Custodian as follows:
Petitioner has set forth in his Petition that "the trust agreement" directs the creation of
a custodial account for each grandchild. Martha S. Lutz objects to the reference of this trust
agreement since it is not attached to the petition as an exhibit.
2. Martha S. Lutz maintains a Legg Mason Wood Walker, Inc. account number 360-
01626. This account is titled "Martha Lutz custodian for Emily J. Lutz."
3. Martha S. Lutz is not the custodian of any accounts for Emily J. Lutz which would be
subject to the provisions of the Uniform Transfers to Minors Act, 20 Pa.C.S. §5301, et seq.
WHEREFORE, Martha S. Lutz respectfully requests that this I lonorable Court affirm her
objections and dismiss the Petition to Compel Filing of an Account by Custodian Pursuant to 20
Pa.C.S.§5319.
Respectfully submitted,
SMIGEL, ND RSON SACKS
Date: October 22, 1999 By:
LcRoy Sm el, Esqui , Lb. 09617
Ann V. Levin, Esquire, I.D. 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Martha Lutz
5562-14
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR EMILY J. LUTZ, a minor, NO. 21-99-1007
(Acct. #360-01626), and
MARTHA S. LUTZ, as custodian
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing Objections to
Petition to Compel Filing of an Account by Custodian upon counsel for Petitioner as addressed
below by depositing the same in the U.S. Mail, first class, postage prepaid, on the 22nd day of
October, 1999.
No V. Otto, 111, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
SMIGEL, ANDERSON & SACKS
By: / V . %z -1 L LcR y Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D.#70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Martha Lutz
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR EMILY J. LUTZ, a minor, NO. 21-99-1007
(Acct. #360.01626), and
MARTHA S. LUTZ, as custodian
AND NOW, this day of , 1999, upon consideration of
the Objections of Martha S. Lutz to the Petition to Compel Filing of an Account by Custodian, it is
hereby ordered and decreed that the Petition is dismissed.
J.
/AVLA1d1/0bjm i=v0ctober 22.1999 10:20 AM
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR EMILY J. LUTZ, a minor, NO. 21-99-1007
(Acct. #360-01626), and
MARTHA S. LUTZ, as custodian
OBJECTIONS TO PETITION TO COMPEL
FILING OF AN ACCOUNT BY CUSTODIAN
AND NOW, comes Martha S. Lutz, by and through her counsel, Smigel, Anderson & Sacks,
and files her Objections to the Petition to Compel Filing of an Account by Custodian as follows:
1. Petitioner has set forth in his Petition that "the trust agreement" directs the creation of
a custodial account for each grandchild. Martha S. Lutz objects to the reference of this trust
agreement since it is not attached to the petition as an exhibit.
2. Martha S. Lutz maintains a Legg Mason Wood Walker, Inc. account number 360-
01626. This account is titled "Martha Lutz custodian for Emily J. Lutz."
3. Martha S. Lutz is not the custodian of any accounts for Emily J. Lutz which would be
subject to the provisions of the Uniform Transfers to Minors Act, 20 Pa.C.S. §5301, et seq.
WHEREFORE, Martha S. Lutz respectfully requests that this Honorable Court affirm her
objections and dismiss the Petition to Compel Filing of an Account by Custodian Pursuant to 20
Pa.C.S.§5319.
Respectfully submitted,
SMICEL=ON SACKS
Date: October 22, 1999 By:
LeRoy Sm el, Esquir , I. b. 09617
Ann V. Levin, Esquire, I.D. 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Martha Lutz
5562.14
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR EMILY J. LUTZ, a minor, NO. 21-99-1007
(Acct. #360-01626), and
MARTHA S. LUTZ, as custodian
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing Objections to
Petition to Compel Filing of an Account by Custodian upon counsel for Petitioner as addressed
below by depositing the same in the U.S. Mail, first class, postage prepaid, on the 22nd day of
October, 1999.
No V. Otto, III, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
SMIGEL, ANDERSON & SSACK'S?
By: U. ? 1
LcR y Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Martha Lutz
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPIIANS' COURT DIVISION
TRUST FOR JASON E. LUTZ, a minor, NO. 21-99-1009
(Acct. #360-01624), and
MARTHA S. LUTZ, as custodian
ORDER
AND NOW, this
day of
1999, upon consideration of
the Objections of Martha S. Lutz to the Petition to Compel Filing of an Account by Custodian, it is
hereby ordered and decreed that the Petition is dismissed.
J.
1^
/AV1A1d/i0bjec1ion&10c1ober 22,1999 10:23 AM
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA E
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION `
TRUST FOR JASON E. LUTZ, a minor, NO. 21-99-1009
(Acct. #360-01624), and
MARTHA S. LUTZ, as custodian
OBJECTIONS TO PETITION TO COINPEL
FILING OF AN ACCOUNT BY CUSTODIAN
AND NOW, comes Martha S. Lutz, by and through her counsel, Smigel, Anderson & Sacks,
and files her Objections to the Petition to Compel Filing of an Account by Custodian as follows:
1. Petitioner has set forth in his Petition that "the trust agreement" directs the creation of
a custodial account for each grandchild. Martha S. Lutz objects to the reference of this trust
agreement since it is not attached to the petition as an exhibit.
2. Martha S. Lutz maintains a Legg Mason Wood Walker, Inc. account number 360-
01624. This account is titled "Martha Lutz custodian for Jason E. Lutz."
3. Martha S. Lutz is not the custodian of any accounts for Jason E. Lutz which would be
subject to the provisions of the Uniform Transfers to Minors Act, 20 Pa.C.S. §5301, el seq.
WHEREFORE, Martha S. Lutz respectfully requests that this Honorable Court affirm her
objections and dismiss the Petition to Compel Filing of an Account by Custodian Pursuant to 20
Pa.C.S.§5319.
Respectfully submitted,
SMIGEL A DERS &SACKS
Date: October 22, 1999 By:
LeRoy S igel, Esquire, ID 09617
Ann V. Levin, Esquire, ID 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Martha Lutz
44 5562-14
IN RE:
CUSTODIAL ACCOUNTS FOR A
TRUST FOR JASON E. LUTZ, a minor,
(Acct. #360-01624), and
MARTHA S. LUTZ, as custodian
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-99-1009
CERTIFICATE, OF SERVICE.
I hereby certify that I have served a true and correct copy of the foregoing Objections to
Petition to Compel Filing of an Account by Custodian upon counsel for Petitioner as addressed
below by depositing the same in the U.S. Mail, first class, postage prepaid, on the 22nd day of
October, 1999.
No V. Otto, 111, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
SMIGEL, ANDERSON & SACKS
By: V
LeRoy Smigel, Esquire
I.D.#09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys fur Martha Lutz
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR JASON E. LUTZ, a minor, NO. 21-99-1009
(Acct. #360-01624), and
MARTHA S. LUTZ, as custodian
AND NOW, this day of
1999, upon consideration of
the Objections of Martha S. Lutz to the Petition to Compel Filing of an Account by Custodian, it is
hereby ordered and decreed that the Petition is dismissed.
J.
IAVLA1d//0bjec1ions/0c1ober 22, 1999 10.23 AM
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR JASON E. LUTZ, a minor, NO. 21-99-1009
(Acct. #360-01624), and
MARTHA S. LUTZ, as custodian
OBJECTIONS TO PETITION TO COMPEL
FILING OF AN ACCOUNT BY CUSTODIAN
AND NOW, comes Martha S. Lutz, by and through her counsel, Smigel, Anderson & Sacks,
and files her Objections to the Petition to Compel Filing of an Account by Custodian as follows:
1. Petitioner has set forth in his Petition that "the trust agreement" directs the creation of
a custodial account for each grandchild. Martha S. Lutz objects to the reference of this trust
agreement since it is not attached to the petition as an exhibit.
2. Martha S. Lutz maintains a Legg Mason Wood Walker, Inc. account number 360-
01624. This account is titled "Martha Lutz custodian for Jason E. Lutz."
3. Martha S. Lutz is not the custodian of any accounts for Jason E. Lutz which would be
subject to the provisions of the Uniform Transfers to Minors Act, 20 Pa.C.S. §5301, et seq.
WHEREFORE, Martha S. Lutz respectfully requests that this Honorable Court affirm her
objections and dismiss the Petition to Compel Filing of an Account by Custodian Pursuant to 20
Pa.C.S.§5319.
Respectfully submitted,
SMIGEL A DERSO#N &SACKS
Date: October 22, 1999 By:
LeRoy SYnigel, Esquire, ID 09617
Ann V. Levin, Esquire, ID 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Martha Lutz
3362.1-1
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR JASON E. LUTZ, a minor, NO. 21-99-1009
(Acct. #360-01624), and
MARTHA S. LUTZ, as custodian
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing Objections to
Petition to Compel Filing of an Account by Custodian upon counsel for Petitioner as addressed
below by depositing the same in the U.S. Mail, first class, postage prepaid, on the 22nd day of
October, 1999.
No V. Otto, III, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
SMIGEL, ANDERSON & SACKS
By: U
LeRoy Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Martha Lutz
IN RE: IN'mr, COURT' OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPIIANS' COURT DIVISION
TRUST FOR DAVID 1. LUTZ, a minor, NO. 21-99-1008
(Acct. #360-01637), and
MARTHA S. LUTZ, as custodian
AND NOW, this day of , 1999, upon consideration of
the Objections of Martha S. Lutz to the Petition to Compcl Filing of an Account by Custodian, it is
hereby ordered and decreed that the Petition is dismissed.
J.
/AVLAW/Objectiom/October 22, 1997 10:21 AM
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR DAVID 1. LUTZ, a minor, NO. 21-99-1008
(Acct. #360-01637), and
MARTHA S. LUTZ, as custodian
PF,
!PM
AND NOW, comes Martha S. Lutz, by and through her counsel, Smigel, Anderson & Sacks,
and files her Objections to the Petition to Compel Filing of an Account by Custodian as follows:
Petitioner has set forth in his Petition that "the trust agreement" directs the creation of
a custodial account for each grandchild. Martha S. Lutz objects to the reference of this trust
agreement since it is not attached to the petition as an exhibit.
2. Martha S. Lutz does not have a Legg Mason Wood Walker, Inc, account with David
1. Lutz
3. David I. Lutz was bom April 7, 1980 and is not a minor.
4. Martha S. Lutz is not the custodian of any accounts for David I. Lutz which would be
the subject to the provisions of the Uniform Transfers to Minors Act, 20 Pa.C.S. §5301, et seq.
WHEREFORE, Martha S. Lutz respectfully requests that this Honorable Court affirm her
objections and dismiss the Petition to Compel Filing of an Account by Custodian Pursuant to 20
Pa.C.S.§5319.
Respectfully submitted,
SMICF.L, NDERSON SACKS
Date: October 22, 1999 By:
LeRoy S gel, Esquire, ID 09617
Ann V. Levin, Esquire, ID 70259
2917 North Front Street
Ilarrisburg, PA 17110
(717) 234-2401
Attorneys for Martha Lutz
3762.1.4 -`
IN RE: IN TFIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR DAVID I. LUTZ, a minor, NO. 21-99-1008
(Acct. #360.01637), and
MARTHA S. LUTZ, as custodian
V
I hereby certify that I have served a true and correct copy of the foregoing Objections to
Petition to Compel Filing of an Account by Custodian upon counsel for Petitioner as addressed
below by depositing the same in the U.S. Mail, first class, postage prepaid, on the 22nd day of
October, 1999.
No V. Otto, III, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
SMIGEL, ANDERSON& SACKS
By: ,. ' / -
LeRoy Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Martha Lutz
IN RE:
CUSTODIAL ACCOUNTS FOR A
TRUST FOR DAVID I. LUTZ, a minor,
(Acct. #360.01637), and
MARTHA S. LUTZ, as custodian
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21.99-1008
AND NOW, this
day of
1999, upon consideration of
the Objections of Martha S. Lutz to the Petition to Compel Filing of an Account by Custodian, it is
hereby ordered and decreed that the Petition is dismissed.
J.
/AV1AId//0bjections10ctober 22.1999 10:21 AM
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR DAVID 1. LUTZ, a minor, NO. 21-99-1008
(Acct. #360-01637), and
MARTHA S. LUTZ, as custodian
OBJECTIONS TO PETITION TO COMPEL.
FILING OF AN ACCOUNT BY CUSTODIAN
AND NOW, comes Martha S. Lutz, by and through her counsel, Smigel, Anderson & Sacks,
and files her Objections to the Petition to Compel Filing of an Account by Custodian as follows:
Petitioner has set forth in his Petition that "the trust agreement" directs the creation of
a custodial account for each grandchild. Martha S. Lutz objects to the reference of this trust
agreement since it is not attached to the petition as an exhibit.
2. Martha S. Lutz does not have a Legg Mason Wood Walker, Inc, account with David
1. Lutz
3. David I. Lutz was bom April 7, 1980 and is not a minor.
4. Martha S. Lutz is not the custodian of any accounts for David I. Lutz which would be
the subject to the provisions of the Uniform Transfers to Minors Act, 20 Pa.C.S. §5301, el seq.
WHEREFORE, Martha S. Lutz respectfully requests that this Honorable Court affirm her
objections and dismiss the Petition to Compel Filing of an Account by Custodian Pursuant to 20
Pa.C.S.§5319.
Respectfully submitted,
S111IGEL, NDE[tSON SACKS
Date: October 22, 1999 By:
LeRoy S gel, Esquire, ID 09617
Ann V. Levin, Esquire, ID 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Martha Lutz
5362.14
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODIAL ACCOUNTS FOR A ORPHANS' COURT DIVISION
TRUST FOR DAVID I. LUTZ, a minor, NO. 21-99-1008
(Acct. #360.01637), and
MARTHA S. LUTZ, as custodian
CERTIFICATE OF SERVICE.
I hereby certify that I have served a true and correct copy of the foregoing Objections to
Petition to Compel Filing of an Account by Custodian upon counsel for Petitioner as addressed
below by depositing the same in the U.S. Mail, first class, postage prepaid, on the 22nd day of
October, 1999.
No V. Otto, III, Esquire
Manson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
SMICEL, ANDERSON & SACKS
By: V Z'p
LeRoy Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Martha Lutz