HomeMy WebLinkAbout07-4069V
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Thomas D. Gould, Esquire
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
PENNY L. KAUTZ,
PLAINTIFF
v.
SCOTT R. KAUTZ,
DEFENDANT
. IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
NO. 2007 - y~ (y~ CIVIL TERM
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 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 is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator's
Office, Fourth floor, Cumberland County Courthouse, Hanover and
High Streets, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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PENNY L. KAUTZ,
PLAINTIFF
v.
SCOTT R. KAUTZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CiJMBERLAND COUNTY, PENNSYLVANIA
NO. ~7- yQ~~
. IN DIVORCE
COMPLAINT UNDER SECTION 3301 (c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Penny L. Kautz who resides at 1715 Anna
Street, New Cumberland, Cumberland County, Pennsylvania 17070.
2. The Defendant is Scott R. Kautz who resides at 106 April
Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. The Plaintiff and Defendant have been bonafide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on March 14,
1998 in York County, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
8. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
9. Plaintiff requests the court to enter a decree of divorce.
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Thomas D. Gould
Attorney for Plaintiff
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
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Date•
Pen L. Kautz
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N TI E OF AVAILABILITY OF COUNSELING
TO THE WITHIN~NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a
divorce proceeding filed in the Court of Common Pleas of Cumberland
County. This notice is to advise you that in accordance with
Section 3302 (c) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to
a divorce being handed down by the court. A list of professional
marriage counselors is available at the Domestic Relations Office,
13 North Hanover Street, Carlisle, Pennsylvania. You are advised
that this list is kept as a convenience to you and you are not
bound to choose a counselor from this list. All necessary
arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
If you desire to pursue counseling, you must make your request
for counseling within twenty days of the date on which you receive
this notice. Failure to do so will constitute a waiver of your
right to request counseling.
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MARRIAGE SETTLEMENT
AGREEMEN''~
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THIS AGREEMENT made this ~~d day of
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and between SCOTT R. KAUTZ, (hereinafter r eferred to as s band ':p~"
and PENNY L. KAUTZ, (hereinafter referred to as "Wife") ~ r
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on March
14, 1998; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they intend to live apart from each other; and
WHEREAS, the parents have two children, Erin N. Kautz, born on
February 26, 1991 and Cayla P. Kautz, born July 4, 1993; and
WHEREAS, Husband and Gdife desire tc Settle and determine their
rights and obligations; and
NOW, THEREFORE, the parties intending to be legally bound
hereby do covenant and agree as follows;
1. SEPARATION
It shall be lawful for each party at all times hereafter
to live separate and apart from the other party at such place or
places as he or she may from time to time choose or deem fit. The
foregoing provisions shall not be taken as an admission on the part
of either party as to the lawfulness or unlawfulness of the causes
leading to their living apart.
2. INTERFERENCE
Each party shall be free from interference, authority,
and contact by the other as fully as if he or she were single and
unmarried except as maybe necessary to carry out the provisions of
the agreement. Neither party shall molest the other nor attempt to
endeavor to molest the other, nor compel the other to cohabit with
the other, or in any way harass or malign the other, nor in any way
interfere with the peaceful existence, separate and apart from the
other, and each party hereto completely understand and agree that
neither shall do nor say anything to the children of the parties at
any time which might in any way influence the children adversely
against the other party.
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3. DIVISION OF PERSONAL PROPERTY
The parties have agreed to divide between them and
already have divided between them to their mutual .satisfaction the
personal affects, household furniture and furnishings and all other
articles of personal property which heretofore have been used by
them in common .
4. AUTOMOBILES
The parties own a 2006 Saturn Vue and a 2001 Subaru
Impreza. Wife is to be the owner of a 2001 Subaru Impreza. Wife
shall be responsible for all insurance, maintenance, repairs,
costs, fees, liens and other expenses related to her vehicle. Wife
shall indemnify and hold Husband harmless for all liability and
expenses related to her vehicle. Husband is to be the owner of the
2006 Saturn Vue. Husband shall be responsible for all costs,
insurance, fees, liens and other expenses related to his vehicle.
Husband shall indemnify and hold Wife harmless for all liability
and expenses related to his vehicle.
5. DIVISION OF REAL PROPERTY
The real estate purchased during the marriage and titled
solely in Wife's name at 1715 Anna Street, New Cumberland,
Pennsylvania shall continue to be owned solely by Wife. Husband
relinquishes all his right and interest in the former marital home.
Husband's equity in the former marital home may be used to offset
any future child support obligation. Wife shall continue full
responsibility for all maintenance, taxes and the payment of the
existing mortgages and notes. Wife shall indemnify and save
Husband harmless from any liability on the accompanying mortgages,
notes or other expenses related the former marital home.
6. PENSION/RETIREMENT
Husband and Wife shall maintain their separate pension
and/or retirement accounts, if any. Husband relinquishes any and
all rights he may have in Wife's pension or retirement accounts and
Wife relinquishes any and all rights she may have in Husband's
pension or retirement accounts.
7. MARITAL DEBTS
Husband shall be responsible for all marital debts solely
in his name. Wife shall be responsible for all marital debts
solely in her name, including the house and the debt to her mother.
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8. SHARED. CUSTODY
The parties agree that they shall share legal custody of
the children. This means that the parties shall consult with each
other regarding the major parenting decisions affecting the
children's health, education and welfare and have equal access to
the children's educational and medical records. Wife shall have
primary physical custody subject to Husband's periods of partial
custody as mutually agreed. Husband agrees to continue to provide
health insurance for the children and Wife agrees to be responsible
for the children's co-pays or deductibles. Wife agrees not to seek
child support from Husband in consideration. for Husband
relinquishing his right to any equity in the former marital home.
9. FILING OF IRS RETURN
Husband and Wife agree to file separate tax returns for
tax year 2007 and in all subsequent years.
10. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
The parties hereby waive, release, discharge and give up
any rights either may have against the other to receive spousal
support, alimony pendente lite or alimony.
11. DIVORCE
Wife has agreed to file a no-fault complaint in divorce
in the Cumberland County Court of Common Pleas. The parties agree
to cooperate with each other in obtaining a no-fault final divorce
of the marriage. Husband agrees to accept service of the Complaint
and sign the documents necessary to complete the divorce after the
mandatory 90-day waiting period. It is agreed that the parties
shall execute and allow to be filed the documents. necessary to
obtain an uncontested no-fault divorce. The terms and conditions
of this agreement shall be bidding on the parties in any divorce
action. Each party shall be responsible for their respective
attorney fees and costs.
12. INCORPORATION INTO DIVORCE DECREE
This agreement is to be incorporated,- not merged, into
any subsequent Decree in Divorce.
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13. CONTINUED COOPERATION
The parties agree that they will within. ten days after
the execution of this agreement execute any and all written
instruments assignments, releases, titles, deeds or notes or other
such writings as may be necessary or desirable for the proper
effectuation of this agreement.
14. BREACH
If either party breaches any provision of this agreement,
the other party shall have the right, at his or her election, to
sue for damages for such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing their rights under this
agreement or for seeking such other remedies or relief as may be
available to him or her.
15. VOLUNTARY AGREEMENT
The provisions of this agreement are fully understood by
both parties and each party acknowledges that the agreement is fair
and equitable, that it is being entered into voluntarily, and that
it is not the result of any duress or undue influence. Each party
has had the opportunity to review this agreement and consult with
an attorney of their choice.
16. WAIVER OF CLAIMS
Husband and Wife hereby waive all right or claims against
the other, other than those contained in this agreement. Except as
herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes
any and all rights he or she may now have or hereafter acquire
under the present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, widows allowance, right to take in intestacy,
right to take against the will of the other and the right to act as
administrator or executor of the other's estate.
17. BINDING AFFECT
This agreement shall be binding upon the parties' heirs,
successors and assigns.
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18. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this agreement shall be effective only if made in writing and
executed with the same formalities as this agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature.
19. PRIOR AGREEMENTS
It is understood and agreed that any and all prior
agreements which may have been made or executed or verbally
discussed prior to the date and time of this agreement are null and
void and of no affect.
20. ENTIRE AGREEMENT
This agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein.
21. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience
only. They shall not have any binding affect whatsoever in
determining the rights or obligations of the parties.
22. APPLICABLE LAW
This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties set their hands and seals
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Witness Date SCOTT R. KAUTZ
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Wit ess Date
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Commonwealth of Pennsylvania:
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County of ~~8~°L•4f"t/JD
PERSONALLY APPEARED BEFORE ME, this.' day of this~~ ~ ,
2007, a notary public, in and for the Commonwealth of Pennsylvania,
SCOTT R. KAUTZ, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
! NOTARIAL SEAL
MICHAEL R. CARANCI, Notary Public
Lemoyne Boro. Cumberland County
~4y Commission Expires June 15, 2010
Commonwealth of Pennsylvania:
ss
County of ~,e°~G,•a~
PERSONALLY APPEARED BEFORE ME this Ada of this rift
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2007, a notary public, in and for the Commonwealth of Pennsylvania,
PENNY L. KAUTZ, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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Notary Public
COMMONWEALTH OF PENNSYLVANIA
~ NOTARIAL SEAL
MICHAEL R. CARANCI, Notary Public
b Lemoyne Boro. Cumberland County
My Commission Expires June 15, 2010
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PENNY L. KAUTZ, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
~, NO. 2007-4069 CIVIL TERM
SCOTT R. KAUTZ, IN DIVORCE
DEFENDANT
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on July 6, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) 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
acknowledge that pursuant to Rule 1920.42 (e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: l~ ~
PENNY L. TZ
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PENNY L. KAUTZ,
PLAINTIFF
v.
SCOTT R. KAUTZ,
DEFENDANT
. IN THE COURT OF COMMON PLEAS
. C[)NIBERLANU COUNTY , PENNSYLVANIA
NO. 2007-4069 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on July 6, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) 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
acknowledge that pursuant to Rule 1920.42 (e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED : C.~fA~~-t ~ , ~Q7~
SCOTT R. KAUTZ
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PENNY L. KAUTZ,
PLAINTIFF
v.
SCOTT R. KAUTZ,
DEFENDANT
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 2007-4069 CIVIL TERM
. IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED : ~ ~ ` ~'~"
PENNY L. K UTZ
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PENNY L. KAUTZ,
PLAINTIFF
v.
SCOTT R. KAUTZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 2007-4069 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: C_./ ~~'~„ "-'~" ~ ~`E~~ C~~
SCOTT R. KAUTZ
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PENNY L. KAUTZ,
PLAINTIFF
v.
SCOTT R. KAUTZ,
DEFENDANT
IN THE COURT OF CONIl~ION PLEAS
CL)N~ERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 4069
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Scott R. Kautz, accept service of the Divorce Complaint in
the above captioned matter.
Dated: - ~ ~ ~~
Scott R. Kautz
106 April Drive
Camp Hill, PA 17011
DEFENDANT
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PENNY L . KP,UT Z ,
PLAINTIFF
v. .
SCOTT R. KAUTZ, -
DEFENDANT
IN THE COURT OF CONIl~ION PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 4069 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for the entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section
3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: July 7, 2007
by Acceptance of Service.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Plaintiff, October 6,
2007; By Defendant, October 6, 2007.
4. Related claims pending: None
5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on October 8, 2007.
Date Defendant's Waiver of Notice in ~ 3301(c) divorce
was filed with the Prothonotary on October 8, 2007.
Thomas D. Gould, Esquire
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I N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
~TATE OF ~~ PENNA.
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PENNY L. KAUT~,
__ ! . , __ II NO. 2007 - 4069 CIVIL
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VERS~IS
SCOTT R. KAUT~,
Defendant
DECREE IN
DIVORCE
DECREED THAT 1~ENNY
SCOTT R~ill~
KAUTZ
AND _ --_
AND NOW,
fobs !O` 200 IT IS ORDERED AND
PLAINTIFF,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
DEFENDANT,
THE COURT REMAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF ~tECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTER~D;
THE MARRIAGE IIIETTLEMENT AGREEMENT DATED JULY 3, 2007 IS
HEREBY INCORPORATED , NOT MERGED, INTO THIS DECREE IN DIVORCE.
BY THE OURT:
ATTE ~.
J.
ROTHONOTARY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
Penny L. Kautz
Plaintiff f=ile No. 2007 -4069
VS.
IN DIVORCE
Scott R. Kautz ,
Defendant c
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NOTICE TO RESUME PRIOR SURNAME tn "
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Notice is hereby given that the Plaintiff/Defendant in the above matter, c ,
(select one by marking"X").
prior to the entry of a Final Decree in Divorce,
or X after the entry of a Final Decree in Divorce dated October 1o,2007,hereby elects to resume
the prior surname of Sprinkle and gives this written notice avowing
his/her intention pursuant to the provisions of 54 P.S.§704.
Date: 0
Signature
Sig a re of name be/ing resumed
COMMONWEALTH OF PENNSYLVANIA
COLINTYOF (LmLe,'I4ivi0(
On the ��4-h day of At to U.S 3 before me, the
Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person
whose name is subscribed to the within document and acknowledged that he./ she executed the
foregoing for the purpose therein contained.
In Witness Whereof,I have hereunto set my hand and official seal.
Prothonotary or Notary Public
"W"%cwho and C"*,FA
My Corw"M 6095 ON�MaidBy of JIM ll on