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Home My WebLink About04-0010 LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ; CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., Defendant : NO. OY-/t) : IN DIVORCE CIVIL TERM 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 of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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, Pennsylvania 17013 (717) 249-3166 LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., Defendant : NO. O~-Jo : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is Leigh Ann Hutzell, an adult individual currently residing at 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Rexford S. Hutzell, Jr., an adult individual currently residing at 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 23, 1995, III Dauphin County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) or 3301 (d) of the Domestic Relations Code. COUNT II EQUITABLE DISTRIBUTION II. Paragraphs 1 through 9 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, automobiles, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, ;?C r~~_. Brian C. Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 --- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: /;;"-lQ-03 !- ,,\..0 Q. jJHANNH~~ ~ ~ .. \-.; c:: g ~~ ~' f' ~ \: C) .... c' = 0 -= ~0 .r- 'Tl i-:"j <- .-1 :x.- :1::::0 ~j ('-.. :z: n1r:-_ ~ ~\ , -::".m ~ N ":'1.::0 (' "". ~~~ (~) , ~ " ~~~~ ~ :::;... ~ '" -<:: "- f"~ ;~;fn I;" .......) G , )J "" ::;: -oJ V' C::' " ~ ~(l t :ill ~ t }J 'l: 0 ..... t. Iv -.: t '" (\'~ , ~ LEIGH ANN HUTZELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA REXFORD S. HUTZELL, JR., Defendant v. : CIVIL ACTION - LAW JAN 0 2 2004 i/ : NO. 0 '1-10 : IN DIVORCE CIVIL TERM ORDER OF COURT AND RULE TO SHOW CAUSE ,.,...J. &:-. ~I - _ AND NOW this t?" day of - (} , 2004, upon presentation and consideration of the within Petition, it is h eby ORDERED and DECREED that: r 2. - J. 1. A ltutt: l's h"ll,hy l'ssued upon the ven:ud"mltZ"'!JUiid\:au, i\,exroro ::'. Hutzell, Jr., LO ~h"w ~.",'op. if on)' hi hll~, un t.) V~f th!) ;'~K~[ '''''1U""ltJ Ly PI"il1,i[[''I\;,iL'ivu"", LQ ,hm W\l.tlW'1, ~~I'i1 r.d b~ 5,au/\'Jo; ~fgndunt/R~ojJvuJ\:m s11au we an Answer to yetmon wftTilu lw"my (10, Jayo -vf "~" ioo ~i"'M l1,~ DciiJAdunt'Rgcpondont! ~ TI,~ F\..lilivu ~ail J',,,, dI.."iJ..,d ~udl.., ~.R.(..P. N'v. 11.;;(;.7,. f.t :~ A -If- ~. f-f,k' . Au "" idl..,1li~-:,' hearing on liicputild i3u~v" vi wa/\',id'! &"'L shall be held on f/l If. tl q- , the i Co t"'- day of d ,,~._, . Co ~ ' 2004, at ',"1) U I-.m. in Courtroom # ~ of the Cumberland County CourthousJI! Carlisle, Pennsylvania.onr, i.. ;:,v v, vuL D";,,uJo..u~'fi':'ut'~.1J.:,u( [If..," uu -Au,w,,!. 1l Il'l. auo!; A;~"""" i" ~J, U,v R"+'" ..+..AI b"""u,v .fuou!utl, ". f\,ud'iu5 I\.,llh"" (,utta <If o.,Ull, fld'!mil1/relllloner IS n",,,hy 5lau;"'.! t;;t:t;(Ji.J. 'Po~~i:cioo. of thil moritn' fil:idilnilil loou:gd lit lQ,j1' IlG;ul>Ml.r ~}lJ, I:nolll, plmbgrlond ('~m~\ ~ftft~~'lJI\iu. ~~uln_';f hQr"~1 py"huj..n f'Om th~ r6BilL,w. P....f. J~ =t .. ~~ JJ- ...~ IQ r:1..y ~ t cc., - C. l;,^i~", vI "UllY vi tMs (,,&:a s'I'J.al1 De jJwv'tlkd Lv .AI pu,li~{; by P~oil\tiff.~titi~nQr'o eounJ6I by LDt oluJJ :ulil, POJtl1b~ ~~ia. c..w;f- ^' .J., -\ . "". . \) . BY T cc: J. Brian C. Bornman, Esquire \ () Attorney for Plainti.fJlPetitioner / ~~ -t;\~ Rexford S. Hutzell, Jr., Defendant/Respondent,pro se 7Y\.. ~ f / '-/0 y //'>-/0,/ -r- \;'1!\'\;~Y1Ii SN"\"':?d 11 '\,:,){,,,,,,..,,, ~',", ,...., I~~"', '''rJ~ ,I\'.t.P:i h,.'!_, ,', '-_.:':"'"!:",,'! J \'(' of' {IJ (,l,,; '0i:..; 2- NVr ~aoz 'c." "~, "J' "'-''':1 .'H.' I\CJ~lLi..)i\'i ,'LLvu-- ::J' '.1. 30id::iQ-0'17U :10 LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., Defendant NO. 0'1./0 IN DIVORCE CIVIL TERM PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, Leigh Ann Hutzell, by and through her counsel of record, Brian C. Bornman, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: I. Petitioner is the above named Plaintiff, Leigh Ann Hutzell, an adult individual currently residing at 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Rexford S. Hutzell, Jr., an adult individual currently residing at 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three (3) children, namely, Kaylie Hutzell, born December 18, 1997, Thomas Quinn Hutzell, born December 12, 1999, and Caedan Rexford Hutzell, born September 3,2003. 4. Respondent drinks alcohol to the point of severe intoxication on a nightly basis and regularly smokes marijuana. 5. Respondent was diagnosed with major depressive episode in December 2003, but he refuses to take his medications because he cannot consume alcohol when he is taking them. 6. Respondent is constantly verbally abusive to Petitioner and the children. Respondent regularly calls Petitioner offensive and derogatory names in front of the children. 7. Recently, the parties' four year old son called Petitioner a "bitch." When Petitioner questioned her son as to why he would say such a thing, the child explained that it is because his father calls her that so it must be okay. 8. Respondent regularly is so intoxicated that he loses his personal belongings and then accuses Petitioner of hiding the things he has lost. Respondent will follow Petitioner and the children through the house degrading her and telling the children that they don't need to listen to their mother. 9. Respondent has an extensive collection of guns and he carries numerous weapons with him at all times. Petitioner is aware that Respondent has approximately six weapons in his vehicle at all times. 10. On December 21, 2003, Respondent was again highly intoxicated and was being extremely belligerent and derogatory to Petitioner and the children. Petitioner picked up a video camera to record how Respondent was behaving. Respondent assaulted Petitioner in an effort to take the video recorder from Petitioner, which resulted in injuries to Petitioner's arm. During this struggle, the parties' child called 911 and four police officers arrived at the scene. The police officers recommended that Petitioner seek a Protection from Abuse Order. 11. The following evening, Petitioner was contacted by a third party who explained to her that Respondent had showed up highly intoxicated at her house with a loaded weapon and was threatening to harm Petitioner. The police were reportedly summoned to the third-parties residence. Petitioner is unsure if any charges were filed. 12. Respondent regularly makes threats of violence against Petitioner and the children and Respondent recently told Petitioner that "you won't be around for Christmas." 13. Respondent frequently tells Petitioner that he will kick her in the face. 14. Respondent waives his fists in the face of the children and tells them "I'll bash your face in if you don't shut the fuck up!" 15. Throughout the week, Respondent will work until 4:30 p.m. and go directly to the bar and come home several hours later highly intoxicated at which point he will drink more alcohol. 16. Although Respondent used to watch the children on occasion so Petitioner could participate in social activities, the parties' six year old child's recently asked Petitioner not go to these activities any longer because she was afraid to stay with Respondent. 17. Respondent will frequently leave the house for extended periods of time up to two days, Petitioner believes Respondent is staying with friends during this time consuming alcohol. 18. Respondent will frequently come home late at night when Petitioner and the children are sleeping and will begin screaming and yelling at Petitioner, which conduct wakes the children and causes them to fear Respondent. 19. Respondent will frequently pass out at various places throughout the house in front of the children. 20. Respondent has friends and family in the area in with whom he would be able to stay for extended periods of time ifhe were excluded from the marital residence. 21. Due to Respondent's conduct, Petitioner fears for her safety and the safety of the parties' children. 24. Petitioner and the children's lives have become intolerable as a result of the conduct of Respondent and Respondent's ongoing alcohol abuse. 25. Petitioner has field a Divorce Complaint and Custody Complaint on January 2, 2004. WHEREFORE, Petitioner requests your Honorable Court to enter an Order excluding Respondent from the marital residence of 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. Respectfully submitted, z~~./! ~--- Brian C. Bornman, Esquire Attorney for PlaintifflPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 1'J,- 'd-a.- ()~ ~~~~~in"ff LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., Defendant ; NO. : IN DIVORCE CIVIL TERM CERTIFICATE OF SERVICE I, Brian C. Bornman, Esquire, hereby certify that I did, the .JJ1/day of January, 2004 cause a copy of Plaintiff/Petitioner's Petition for Special Relief to be served upon Defendant by first class mail, postage prepaid and by certified mail, restricted delivery at the following address: Rexford S. Hutzell, Jr. 1058 Hemlock Lane Enola, P A 17025 DATE: /-)-0'/ /', ~ ~t:~ Brian C. Bornman, Esquire Attorney for PlaintifJ1Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (7/7)243-5551 (800)347-5552 (') s ;P,'?-~ " 6~r. "::~'. - -..0' -:-"1 f.':, -~' '" = c;-~ """ <.... ~~. -~c~~ -- G -', -/ ::t':..,., n1.~ r-- -r... '..'1 ~::5D (-j ;' (:?;~~ :",:,;;;:~ , ,,-, "! LEIGH ANN HUTZELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW REXFORD S. HUTZELL. JR., Defendant : NO. 04-10 CIVIL TERM : IN DIVORCE RESPONSE TO PETITION FOR SPECIAL RELIEF AND NOW, comes Respondent, Rexford S. Hutzell, Jr., by and through his attorneys Purcell. Krug & Haller and files the following response to Petition for Special Relief: 1. Admitted. 2. Admitted as to the identity of Respondent. However, he is no longer living at that address. He presently resides at 146 Mt. Hope Road, South Fork. Pennsylvania 15956. 3. Admitted. 4. Denied. Respondent does not drink alcohol to the point of severe intoxication on a nightly basis and regularly smoke marijuana. 5. Denied. Respondent suffers from depression and was treated by his family physician in December 2003. Husband's depression stems from the deterioration of his marriage and his wife's physically and verbally abusive conduct toward him. Respondent stopped taking some prescribed medication because it was making him ill. He has an appointment scheduled with his doctor to address this issue. 6. Denied. Respondent is not constantly verbally abusive to Petitioner and children. and he does not regularly call Petitioner offensive and derogatory names in front of the children. By way of further response, Petitioner regularly engages in verbal assaults upon Respondent, which sometimes include physical abuse. The children are often present when she behaves in this manner. 7. Denied. Respondent is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. Strict proof is demanded. 8. Denied. Respondent's response to Paragraph 6 is incorporated by reference. Furthermore, even if such allegations were true. they do not constitute a basis to exclude Respondent from his home. 9. Denied. Although Respondent has a collection of guns, he does not carry a weapon with him at all times and does not have approximately six weapons in his vehicle at all times. Respondents hunts and engages in target practice as a hobby. He has never threatened anyone with a weapon. 10. Denied. On December 21,2003, Petitioner engaged in one of her regular attempts to pick a fight with Respondent. She attempted to badger him by following him around the home with a video camera. When he informed her that he would not permit this type of conduct and attempted to take the video camera. Petitioner pretended to be injured. In fact. it was Respondent who sustained severe bruising to his leg. The parties' child called 911 because Petitioner screamed repeatedly. "Call 911." Respondent is not aware of any recommendation from police officers to seek the Protection from Abuse Order. In fact. Petitioner demanded that the police remove him from the home and they refused. 11. Denied. On the evening in question, Respondent appeared at the home of Barb Mohr, a good friend of the parties. Ms. Mohr recently suffered a stroke. Mr. Hutzell was concerned about Ms. Mohr and her two children and paid a visit as any friend might do. Mr. Hutzell was not intoxicated. He had a loaded weapon in a holster at his waist only because he was trying out a recently purchased holster. He does not typically carry a weapon. After Mr. Hutzell left, Ms. Mohr apparently contacted police. Police confirmed that Mr. Hutzell was not intoxicated and had the proper permit to carry his weapon. then left the scene. 12. Denied. Respondent adamantly denies that he has ever made a threat of violence against Petitioner or his children or that he told Petitioner, "You won't be around for Christmas." 13. Denied. Respondent has never told Petitioner he will kick her in the face. 14. Denied. Respondent never waived his fists in the face of his children and told them. "/'11 bash your face in if you don't shut the fuck up!" 15. Denied as stated. Respondent admits that he frequently goes to a local bar after work in order to avoid the mounting tension in the marital home. He has no more than one beer at the bar and then goes directly home. 16. Denied. In fact. the parties' daughter recently asked Petitioner to leave the home so she and her siblings could camp out in the living room with their father as they have done frequently in the past. 17. Denied as stated. Since the parties' marriage began to deteriorate. Mr. Hutzell has spent frequent weekends at the home of his mother near Johnstown, Pennsylvania. He is not staying with friends consuming alcohol. Petitioner is well aware of his whereabouts as she calls him at the home of his mother. 18. Denied. Respondent never came home late at night while the Petitioner and the children were sleeping and screamed at Petitioner. causing the children to wake up and fear Respondent. 19. Denied. Respondent has not frequently passed out at various places throughout the house in front of the children. 20. Denied. Respondent has no family in the area. He has one friend who has occasionally allowed him to spend the night. but this is by no means a place where he could reside. 21. Denied. Respondent believes and avers that this Petition is motivated by nothing more than his wife's desire to end all contact with husband. Wife does not fear for the safety of herself or children. In fact, wife left the marital home on or about December 24, 2003 for approximately one week. She returned voluntarily on December 31,2003 even though husband was still residing in the home. 24. Denied. Respondent has not made the lives of Petitioner and his children intolerable by his conduct and alcohol abuse. 25. Admitted upon information and belief. WHEREFORE, Respondent respectfully requests this Honorable Court to enter an Order denying the relief requested by Petitioner. P RCELL. KRUG & HALLER Dated: ~/qi'i VERIFICATION I, Rexford S. Hutzell, Jr. , hereby verify that the facts contained in the foregoing Response to Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. e.s. Section 4904, relating to unsworn falsification to authorities. ~/l ~~r Date: I -I 9 -0+ CERTIFICATE OF SERVICE I, TRICIA KOWALCZYK. an employee of the law firm of Purcell, Krug & Haller, counsel for DefendanURespondent, hereby certify that service of the foregoing RESPONSE TO PETITION FOR SPECIAL RELIEF was made upon the following by first-class mail, postage prepaid on I-d.O -04 Brian C. Bornman. Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff/Petitioner ~~ Tricia Kowalczyk C) c-.> c , <;.~-;) ...1;;-- ,- ~-~ o -n :;:1 fl1pD J'" :iJ'? C)( ) ~~~ ~~- ~ ,-"j ~_""~ 1- --1 '::JIi --I r'...) CJ ~" C:? '_,;1 LEIGH ANN HUTZELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., : NO. 04-010 Defendant/Respondent : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE AND NOW, this ;}o'fh day of January, 2004, comes Brian C. Bornman, Esquire, counsel of record for Plaintiff/Petitioner, Leigh Ann Hutzell, and states that a true and attested copy of a Complaint in Divorce, Petition for Special Relief and related Order of Court dated January 2, 2004, was forwarded to Rexford S. Hutzell, Jr., at 1058 Hemlock Lane, Enola, PA 17025, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on January 15,2004. ~~-~ .- , $4h-..--- nan C. Bornman, EsqUIre Attorney for PlaintifllPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this 2..0i!> day of ,2004 iJ !\.. N TARVPUBLIC IIOTAIl1AL SEAl. _J.I!IIIIM!:."OTAIlI' "'!\-!C_ ___ WIl8ERlAN!'~; . Completo ~oms '. 2. and 3. Also complete Item 411 RostrIcted Delivery Is desired. . Print your name and add.... on tho reverse 00 that we can return the card to you. . Attach this card to the back of tho mallplece, or on the lront ~ spaco permits. 1. ArtIcle Addressed to: tlxfovvl S. t\1Att-t. \ \ I ,\(. IOt]Z ~~IOCF- UH1.e thwlli\. V~ I1b1S 3, 8ervl<;o Typo ~Cortlflod Moll 0 express Moll ct Reglstll'ed It Return Receipt for Merchancfile o Insured Mall fj C.O.D. 4. Restrlcled Delivery? (Extre Fee) )tVes 2. .Micte Number . . a tI""'..A_ rn-fer fromservico label) UfO (JfL(}D . oo'2..C) I~Cf/(rrr PS Form 3811. August 2001 Domestic Return Receipt 102595.{)1-M-Q381 g Total postage & Fees $ ...11 o :7Z;!f:v1r~"t1lJ)ftZll:t'"J/'iI."__.___..___u_.____ :5 Sti(J5-~O'''P1~;;:tIClCk.. La e o _m____uumu_mffi_umuuu____.__u.m.u.!1__.. ._u_m____.___u_m____. r-- CIty,S . ZIP t:l P IIOZ,,:; ~ <0 ...11 lJ" lJ" <0 LI1 r'l Postage $ Certified Fee U1 Return Receipt Fee (EndOrsement Requiredl ru o o Restricted Delivery Fee (Endorsement Required) ~~.... ;;/:,.- nr\ lIt) ..... ..~) .,:;;'-j II" ~'-(\ (_..>! P ll~lk \:..\ \3': 11 ~) \~V/ ....~.~::../ o ('''. ", CC;) i2 ,:) -;1 t; - --,~ -r h,:LJ ,- -"fTl ."c:J (-.) 1 :~J~~;) ,>";:::::':! - ,.-." ~~_~ i:~r-I ~,' C:J -'7:~ r:'? c.) ,",n LEIGH ANN HUTZELL. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LAW REXFORD S. HUTZELL, JR.. Defendant : NO. 04-10 CIVIL TERM : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Nichole M. Staley O'Gorman, Esquire on behalf of Rexford S. Hutzell. Jr.. Defendant in the above-captioned matter. ichole M. Stal URCELL KR & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 1.0. No. 79866 (717) 234-4178 Date: ,V, ~ ;01 - CERTIFICATE OF SERVICE I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug & Haller. counsel for Defendant, hereby certify that service of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was made upon the following by first-class mail, postage prepaid on 1-;),0-04- Brian C. Bornman, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~%u~ Tricia Kowalczyk .. ....., = S~ <- :;;':;e> ::L: (',) C) ~ G) ."" _J -,.] --'''' ~~ --, ~:!1 n'r- -01J:l -n........ () , -'-1Q ~~i~ <:111 (-) ., v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW LEIGH ANN HUTZELL. Plaintiff REXFORD S. HUTZELL. JR., Defendant : NO. 04-10 CIVIL TERM : IN DIVORCE PETITION RAISING ADDITIONAL CLAIMS PURSUANT TO Pa.R.C.P. ~1920.13(b)(21 OF THE DIVORCE CODE AND NOW, comes Defendant. Rexford S. Hutzell, Jr.. by and through his attorneys Purcell. Krug & Haller and files the following Petition Raising Additional Claims as follows: 1. Plaintiff is Leigh Ann Hutzell, an adult individual who currently resides at 1058 Hemlock Lane. Enola. Cumberland County. Pennsylvania 17025. 2. Defendant is Rexford S. Hutzell, an adult individual who currently resides at 146 Mount Hope Road, South Fork. Cambria County. Pennsylvania 15956. COUNT ONE CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FI:ES. COSTS AND EXPENSES 3. Defendant incorporates herein by reference paragraphs 1 through 2 as if set forth at length. 4. Defendant does not have sufficient funds to support himself or to pay counsel fees, costs and expenses incidenta.! to this action necessary to prosecute the same. WHEREFORE, Plaintiff respectfully requests this Honorable Court direct Plaintiff to pay to Defendant alimony pendente lite, in addition to counsel fees. costs and expenses necessary for Defendant to adequately prosecute this case. Respectfully submitted, PURCELL, KRUG & HALLER Dated: '/10/0; B ichole . t Ie I.D. No. 866 1719 Nort Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Defendant VERIFICATION I, Rexford S. Hutzell, Jr. , hereby verify that the facts contained in the foregoing Petition Raising Additional Claims are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. e.s. Section 4904, relating to unsworn falsification to authorities. ~~ ~iI>l Date: '-ICJ-oL/ " CERTIFICATE OF SERVICE I. TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug & Haller, counsel for Defendant, hereby certify that service of the foregoing PETITION RAISING ADDITIONAL CLAIMS was made upon the following by first-class mail, postage prepaid on 1-d,O-o4- Brian C. Bornman, Esquire Griffie & Associates 200 North Hanover Street Carlisle. PA 17013 Attorney for Plaintiff ~Y4w~ Tricia Kowalczyk .. f ~ ........ t ~ - -- :0..- .., J -<. v-. .. l,J c- t \:, 'I Iv c;, ~ r ~ -< r ...., c.~ C;:l ~- '- -,"" ~ (', j .'i] n_-f ,- F;i~n r'.. -::;[\1 ")~J ~ :~; (~) -1- --r', r~~ f~ "') c:::> .'t) Co) "" '-"0 LEIGH ANN HUTZELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., : NO. 04-010 Defendant/Respondent : IN DIVORCE CIVIL TERM PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, Leigh Ann Hutzell, by and through her counsel of record, Brian C. Bornman, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Leigh Ann Hutzell, an adult individual currently residing at 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Rexford S. Hutzell, Jr., an adult individual currently residing at 1058 Hemlock Lane, Enola, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three (3) children, namely, Kaylie Hutzell, born December 18, 1997, Thomas Quinn Hutzell, born December 12, 1999, and Caedan Rexford Hutzell, born September 3, 2003. 4. Petitioner and Respondent owned two vehicles, which are titled exclusively In Respondent's name. 5. One of the vehicles is a van driven by Petitioner and utilized to transport the children. 6. On December 29, 2003, Respondent canceled the insurance coverage on the van used by Petitioner to transport the children. Attached hereto is a letter from the insurance provider as Exhibit "A". 7. As this van is titled in Respondent's name, Petitioner is unable to acquire insurance for the vehicle. 8. Attempts by Petitioner to convince Respondent to reestablish the canceled insurance on the vehicle have been unsuccessful. 9. A Petition for Special Relief regarding exclusive possession of the marital residence was filed with this Honorable Court on January 2, 2004, for which a hearing is scheduled on January 26, 2004, at I :00 p.m. in Courtroom #5 of the Cumberland County Courthouse. 10. Petitioner required the use of the vehicle in order to properly care for the parties children. II. A copy of this Petition for Special Relief was sent to Respondent by first class mail, postage prepaid on January 15,2004. WHEREFORE, Petitioner requests your Honorable Court to enter an Order requiring Respondent to maintain no less than the legally required insurance on van operated by Petitioner. Respectfully submitted, ~~~-~--- Brian C. Bornman~ Esquire Attorney for PlaintifflPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I, Brian C. Bornman, Esquire, counsel for LEIGH ANN HUTZELL, hereby swear and affirm that the facts set forth in this document are true and correct to the best of my knowledge, information, and belief. I have sufficient knowledge or information and belief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. This statement is made subject to the penalties of 18 Pa.C.S. {l4904 relating to unsworn falsification to authorities. Date; ~~'? r ~c~ B AN C. BORNMAN, ESQUIRE LEIGH ANN HUTZELL, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., : NO. 04-010 Defendant/Respondent : IN DIVORCE CIVIL TERM CERTIFICATE OF SERVICE I, Brian C. Bornman, Esquire, hereby certify that I did, the Jf14day of January, 2004, cause a copy of Plaintiff/Petitioner's Petition for Special Relief to be served upon Defendant/Respondent by first class mail, postage prepaid at the following address: Rexford S. Hutzell, Jr. 1058 Hemlock Lane Enola, P A 17025 DATE: /- /1-67' , .;~:; ~ ~---_. Brian C. Bornman, Esquire Attorney for PlaintifflPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 '"'-) ~~ '-- :1.",-, -,- ,-.~ .....' -,J f<; LEIGH ANN HUTZELL, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., : NO. 04-010 Defendant/Respondent : IN DIVORCE CIVIL TERM JAN 1 6 2D04 c.. ORDER OF COURT AND NOW this ~ ,Ji' day of ~: Y , 2004, upon presentation and consideration of the within Petition, it is hereby ORDERED and DECREED as follows: 1. An hearing on the Petition for Special Relief shall be held on Mondav. January 26. 2004. at I :00 p.m. in Courtroom #5 of the Cumberland County Courthouse, Carlisle, Pennsylvania; and 2. Pending further Order of Court, Defendant/Respondent shall maintain automobile insurance on the vehicle driven by PlaintifflPetitione. 3. Notice of entry of this Order shall be provided to all parties by Plaintiff/Petitioner's counsel by first class mail, postage prepaid. J. Cc: ;Brian C. Bornman, Esquire Attorney for Plaintijj1Petitioner ~exford S. Hutzell, Jr., Defendant/Respondent,pro se " en; J- Ol-~O<j " SZ ::1 !Jd I Z N~nOOZ A2VJ.Ci\jGhlC<Jd :3Hl :Je) :;~)I::!:~o-o:nu LEIGH ANN HUTZELL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REXFORD S. HUTZELL, JR., Defendant NO. 04-0010 CIVIL TERM IN DIVORCE IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER OF COURT AND NOW, this 26th day of January, 2004, after hearing, it is hereby ordered and directed that Plaintiff, Leigh Ann Hutzell, is granted exclusive possession of the marital residence at 1058 Hemlock Lane, Enola, Pennsylvania. We will also address the issue of temporary custody pending conciliation and a full-blown hearing on this matter. In that regard, it is ordered and directed as follows: 1. The parties shall have shared legal custody of their children, Kaylie, born December 18, 1997, Thomas, born December 12, 1999, and Caedan, born December 2, 2003. 2. Mother shall have primary physical custody of the children. 3. Father may visit with the children at mutually convenient times arranged with Mother. Provided, however, that he will be entitled to see them at least four hours per week in the presence of Mother or any agreed-upon third party. Provided further, that Father shall not use any drugs or alcohol, other than prescribed medication, when in the presence of Plaintiff and/or the children. If Plaintiff feels that Father is under the influence of illegal drugs or alcohol, she may deny visitation to him. By Edwara E. Guido, J. ~rian C. Bornman, Esquire 200 North Hanover Street Carlisle, PA 17013 For the Plaintiff ~ichole M. Staley O'Gorman, Esquire 1719 North Front Street Harrisburg, PA 17102 For the Defendant Sheriff _ \!:rt.r.d . rf..t(,t.U/i'J srs >~ 6 I -J.<g'-d:J -" ... ~ VINif^lAS.~3d MNnm CeJ1f1bS8Vmo fJ I :6 WV 92 NVr ~OOZ AI:J\IION01.li08d 3Hl :!O 3Jl:B0-03l1:J .. ,,,,'... LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION LAW REXFORD S. HUTZELL, JR., Defendant NO. 04-0010 IN DIVORCE CIVIL TERM MOTION FOR APPOINTMENT OF MASTER AND NOW comes Plaintiff, Leigh Ann Hutzell, by and through her attorney of record, Hannah Herman-Snyder, Esquire, and moves the Court to appoint a Master with respect to the following claims: (x) ( ) (x) (x) Divorce Annulment Alimony Costs and Expenses (x) ( ) (x) ( ) Distribution of Property Support Counsel Fees Alimony Pendente Lite and in support of her Motion states: I. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant is represented by Nicole Staley O'Gorman, Esquire. 3. The Statutory grounds for divorce are 23 Pa.C.S.A. ~3301(c) and ~3301(a)(6). 4. This action is contested with respect to the claims: All of the above except divorce. 5. The action does not involve complex issues oflaw or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, ~(\ f\.N\ ~ ~ ~l\ 1\'\1\". ,~,,\\~th \\ Hannah Herman-Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 - r~,) Cl '.',,", (::~ r..:;:) r::)"J '_.', ':':;'/ I f\..) 'vV LEIGH ANN HUTZELL, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW REXFORD S. HUTZELL, JR., Defendant : NO. 04-00IO CIVIL TERM : IN DIVORCE ORDER APPOINTING MASTER AND NOW this ~ay of ~A /h~ ./ , 2005, E. Robert Elicker. II. ESQuire, is appointed Master with respect to the following claims: Divorce. Alimonv. Cost and Expenses, Distribution of Property, and Counsel Fees, BY THE COURT, 1>.1. cc: $annah Herman-Snyder, Esquire Attorney for Plaintiff ~le Staley O'Gorman, Esquire Attorney for Defendant ..J ~\:J c" " .'........' t) \j :i, . J 2-- r-:'I,"I' J~~Ut., . . LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF DAUPHIN COUNTY, COMMON Pl;EAS ~ PENNSYLV IA ~ ::x: ~ ~i:J I vs. NO. 04-10 Civil Term REXFORD S. HUTZELL, JR. Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT ~ 3301(c) of the 1. A Complaint in Divorce under Section Divorce Code was filed on January 2, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 3~3 /00 ~~1) /) t~~ fh. REX ORD S. HUTZE ,QWfendant . . REXFORD S. HUTZELL, JR. Defendant CIVIL ACTION - LAW IN DIVORCE ~ LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF DAUPHIN COUNTY, vs. NO. 04-10 Civil Term WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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: &.~/Ofc ~a:f~.l4~. RE RD S. HUTZEL, fendant LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA vs. NO. 04-10 Civil Term REXFORD S. HUTZELL, JR. Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on January 2, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn falsification to authorities. Date: yjj<'J /~a't, .. --\ LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA vs. NO. 04-10 Civil Term REXFORD S. HUTZELL, JR. Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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. 54904 relating to unsworn falsification to authorities. Date: ~/;"~!2?'Ol' laintiff '-- ., LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 0010 CIVIL REXFORD S. HUTZELL, JR., Defendant IN DIVORCE ORDER OF COURT AND NOW, this w,r) day of 'ifl.lcO the proceedings having been 2006, the economic claims raised in resolved in accordance with a separation and property settlement agreement dated March 29, 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. BY THE COURT, cQSM~~ Edgar B. Bayley, P.J. cc: ~nnah Herman-Snyder Attorney for Plaintiff vnichole M. Staley O'Gorman Attorney for Defendant SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated as set forth below. by and betweenREXFORD S. HUTZELL, JR.. hereinafter referred to as "Husband", andLEIGH ANN HUTZELL, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 23, 1995; and WHEREAS, three (3) children were born of this marriage. Kaylie Hutzell (DOB 12/18/97). Thomas Quinn Hutzell (DOB 12/12/99) and Caedan Hutzell (DOB 9/3/03) (hereinafter referred to as "children"); and WHEREAS, certain differences have arisen between the parties as a result of which they separated on or about December 24. 2003 and now live separate and apart from one another, and are desirous. therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property. and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party. and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Nichole M. Staley O'Gorman. Esquire, and Wife by her attorney. Hannah Herman-Snyder, Esquire have come to the agreement. which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant. promise 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 that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness 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 may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other. nor compel the other to cohabit with the other. nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 2 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstandinq Marital Debts. The parties acknowledge and agree that they have no outstanding marital debts and obligations. All marital debts and obligations were satisfied prior to the execution of this Agreement. To the extent a balance remained as of the date of separation (December 24, 2003) on any of the following, Wife acknowledges and agrees that she is solely responsible for the timely payment of same: Target credit card (#4352-3733-8692-2428) Lowe's credit card (#819 2339 043178 3) MBNA credit card (#5490 9943 2313 2506) PSECU Visa credit card Capital One credit card (#4862-3623-7351-3491) Capital One loan (#781260-2023430339) Wife shall also be solely responsible for uninsured medical expenses pertaining to Wife or the children with a date of service prior to January 13, 2004. Wife asserts that there is no balance on the debts listed above, except the PSECU Visa credit card. which is in her name alone and for which she accepts full responsibility. To the extent a balance 3 remains on the Bank of America credit card, Husband acknowledges and agrees that he is solely responsible for the timely payment of same. All joint credit card and other joint debt accounts shall be closed at the earliest possible date. Neither party shall be authorized to generate any additional charges on any such account. In the event that either party contracted or incurred any debts other than those specifically set forth above, either before or after the date of separation. the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. It is the specific understanding of the parties that by his or her undertaking the obligation to pay the aforementioned and other debts and expenses, including those specified in paragraphs 60 hereof, the paying party is providing the other party with the means necessary to support and maintain himself/herself by relieving him/her of the responsibility of payment. It is the intent of the parties that each party's payment obligation shall function as maintenance and support for the purpose of rendering it non-dischargeable, pursuant to 11 USC 523(a)(5). in the event that HusbandlWife should seek protection under the Bankruptcy laws of the United States. In the event HusbandlWife succeeds in discharging any of such debts, he/she shall be required to equitably reimburse the other party to the extent he/she pays any of the aforementioned obligations. The aggrieved party shall have the option. however, in such event to reopen the divorce to secure alimony, counsel fees and costs. or additional property, to compensate him/her for payments and expenses. The Court shall retain continuing 4 jurisdiction to award such. Notwithstanding the foregoing, the parties hereby waive any right to and shall not in the future deduct on his/her income tax returns any part of his/her debt payments hereunder as either alimony or spousal support or declare any part of such payments as income on future income tax returns. 6. Eauitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the second marriage for Husband and the first marriage for Wife; the age, health. station. amount and sources of income, vocational skills, employability. estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation. depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; the economic circumstances of each party at the time the division of property is to become effective; the Federal. State and local tax ramifications associated with each asset to be divided. distributed or assigned. which ramifications need not be immediate and certain; the expense of sale. transfer or liquidation associated with a particular asset. which expense need not be immediate or certain; 5 and whether a party will be serving as the custodian of any dependent minor children. 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 marital rights of the parties. A. Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture. household furnishings. appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. except as set forth in Exhibit A attached hereto. which items shall be distributed in accordance with Exhibit A. and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit A. B. Financial Accounts. The parties have satisfactorily divided all checking, savings and other financial accounts. Each waives and relinquishes any claim he or she may have to funds contained in the checking, savings and other financial accounts 6 presently titled in the name of the other party. C. Real Estate. The marital home located 1058 Hemlock Lane, Enola, Pennsylvania was sold prior to the execution of this Agreement. Proceeds of $54,306.08 were placed in escrow. and the parties subsequently agreed to apply a portion of same to reduce marital debt. The balance of the proceeds (approximately $26,700) shall be distributed to Wife. D. Vehicles. Husband shall retain possession and ownership of the 1997 Chrysler Concorde presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband. The vehicle is not encumbered. Wife shall sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand. and further shall indemnify Husband for any costs, including actual counsel fees. incurred by Husband to enforce this provision. Wife shall retain possession and ownership of the 2002 Kia Sedona presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle. and to indemnify, defend and hold Husband harmless for the same. Wife represents and warrants that she satisfied the Hudson 7 United Bank loan (#611711) prior to the execution of this Agreement. Husband shall sign any title or other documents necessary to transfer ownership of said vehicle at any time. upon demand, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. Husband will sign the title within thirty (30) days of executing this Agreement. E. Life Insurance. The parties have no marital life insurance policies. To the extent either party acquired any life insurance since separation. it shall remain his or her separate property. Each party waives and relinquishes any interest he or she may have in the life insurance of the other. F. Retirement Assets. Husband has a Pennsylvania Food Merchants pension with marital value of approximately $12,500. Husband shall retain his pension. Husband also has an IRA with First Commonwealth, having an approximate marital value of $34.600. Wife shall be entitled to receive a distribution of $9.000 from Husband's IRA by virtue of a rollover to another IRA or other qualified plan. All taxes and penalties, if any. by virtue of this transaction shall be the sole responsibility of Wife. Wife has an Associated Press 401 (k) with an approximate marital value of $6,900. Wife shall retain her 401 (k). Except as provided herein. each party hereby waives and relinquishes any 8 and all right. title, claim or interest he or she has or may have in the retirement assets of the other, including the right to be named as a beneficiary of any such asset. H. Other Assets. Wife received and shall be entitled to retain the parties' 2003 Federal income tax refund ($2,154). Wife also received and shall be entitled to retain her Associated Press severance pay ($3,489.68). I. General Provisions. The parties hereto have divided between themselves, to their mutual satisfaction. all items of tangible and intangible property. Neither party shall make any claim to any such items of marital property, or of the separate property of either party. which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with this Agreement. Should it become necessary. the parties each agree to sign. upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of a party if, in the case of tangible property. the item is physically in the possession or control of the party at the time of the signing of this Agreement and. in the case of intangible property. if any physical or written evidence of ownership. such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to 9 be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell. grant. convey, or otherwise encumber or dispose of such property. whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to. or acknowledge any deed. mortgage, or other instrument of the other pertaining to such disposition of property. 7. Alimonv. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them. and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. except as set forth herein. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the 10 results of such action, such indemnity to include the actual counsel fees of the defendant in any such future action. 8. Alimonv Pendente Lite. Counsel Fees and Exoenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support. alimony pendente lite. counsel fees or expenses. or any other provision for their support and maintenance before. during and after the commencement of any proceedings for divorce or annulment between the parties. Additionally. each party shall be responsible for his or her own counsel fees and costs. Each party shall indemnify, defend and hold the other harmless against any future action for spousal support. alimony pendente lite or counsel fees and costs. brought by or on behalf of the other. and the results of such action. Such indemnity shall include the actual counsel fees of the defendant in any such future action. Nothing contained herein shall preclude a party from obtaining counsel fees and costs in the event of, and stemming directly from a breach of this Agreement. 9. Medical Insurance. Each party shall provide his or her own medical. dental, vision. prescription, hospitalization and other health insurance coverage at his or her own cost and expense. Neither party shall be responsible for the payment of the 11 insurance costs of the other. 10. Uninsured Medical Expenses. All uninsured medical. dental. vision. prescription, hospitalization and other health related expenses shall be the sole responsibility of the party incurring said expense. Neither party shall be responsible for the payment of the expenses of the other. 11. Prior Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes. penalties or interest are assessed as a result of any such joint return, the party guilty of fraud or intentional misrepresentation shall indemnify and save the other party harmless from such tax liability. penalties. interest. counsel fees. accountant's fees and costs. Barring fraud or intentional misrepresentation, the parties shall be equally responsible for and shall pay all such taxes, penalties. interest and expenses. 12. Divorce. A Complaint in Divorce has been filed to No. 04-0010 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce. pursuant to Section 3301 (c) of the Divorce Code. In the event, for whatever reason. either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual 12 counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that. absent some breach of this Agreement by the proceeding party. there shall be no defense to such action asserted. 13. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support, alimony pendente lite and other such obligations. excluding alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301 (c) or 3301 (d) of the Pennsylvania Divorce Code. and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However. upon refusal to consent. all distributed property shall be returned to the party originally in possession. until the time of final decree. 14. Reconciliation. In the event of a reconciliation between the parties. this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 15. Release. Subject to the provisions of this Agreement, each party has released and discharged. and by this Agreement does for himself or herself. and his or her heirs, legal representatives, executors. administrators and assigns. release. 13 indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands. whatsoever in law or equity, including equitable distribution. spousal support. alimony, counsel fees. alimony pendente lite, and expenses which either of the parties against the other ever had. now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 16. Waivers of Claims Aaainst Estates. 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, widow's allowance. right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time. and 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 interests, rights and claims. Each further waives any right to inherit or receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or designation of beneficiary. unless such Will. Codicil. or designation of beneficiary isE14 dated subsequent to the effective date of this Agreement. Should a party receive money. property or other benefits to which he or she is not entitled pursuant to the terms of this Agreement. said money, property or other benefit shall be delivered to the Administrator/Administratrix or Executor/Executrix of the estate of the other immediately upon receipt. 17. Riqhts on Execution. Immediately upon the execution of this Agreement. the rights of each party against the other, despite their continuing marital status. shall terminate and be as if they were never married. 18. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party may request and shall be paid upon a judicial finding of default. as part of any award or judgment against the breaching party, all costs. including actual counsel fees paid to his or her attorney. 19. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support. alimony. equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, 15 divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 22. Entire Aareement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and 16 satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 23. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would 17 constitute a breach under this Agreement, entitling the non breaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this instrument shall govern. 25. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. Each party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities and is not depending upon any representations made by the other party in agreeing to the terms hereof. 26. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 18 27. Agreement Bindina on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 28. Effective Date. The effective date of this Agreement shall be the date on which the parties executed this Agreement, as indicated below. If the parties executed the Agreement on different dates, the effective date shall be the later of the two dates. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. fHrJ{l.trJi~-- Rex ord Hutzell 006 t". ~ ~(\ 1l'^-C\''''' '\\ l)'\1<\..I"'~\.- r~(\'\~t\~~ Hannah Herman-Snyder, Esq. .~. oJ'\- \H, Date 19 . EXHIBIT "A" Property to be distributed to Husband: Halls tea pot - Autumn Leaf pattern A minimum of five (5) other Autumn Leaf pattern pieces that were received by the parties from Husband's mother. Husband shall retrieve the above pieces within ninety (90) days of executing this Agreement. 20 n c~; r-,! C':' ,:,.~r C"' ::1'0 ):"" '.. I if. ~ .-l ::t::"" {"11;:.-': -('\\;:' '1'll.,J l")t.L, -~~, """'C' -;J. ;~.~ (~ :",:'c)I''\ ~~ ~:~ -- in 0.,' LEIGH ANN HUTZELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-10 Civil Term REXFORD S. HUTZELL, JR. Defendant CIVIL ACTION - LAW IN DIVORCE o C; ;:R "e, ~~~:' . ? SCl < " Transmit the record, together with the following informi~ion,~o ~~ the Court for entry of a Divorce Decree: ~'-;:- ~ :< U1 :0 1. Ground for divorce: Mutual Consent under g3301 (c) of the N -< Divorce Code. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 2. Date and manner of service of the Complaint: Complaint was served on Januarv 20. 2004 bv Certified Mail 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by g3301(c) of the Divorce Code: By Plaintiff: April 24. 2006 and By Defendant: March 3. 2006. (bl (1) Date of execution of the Affidavit required by g3301 (d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: None 5. (Complete either (al or (b).) (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: April 26. 2006; Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: March 6. 2006. Date: By: John ., Es Ni O'Gorman 1 19 Front Street Harrisburg, PA 17102 (717) 234-4178 ID No. 29955 (') ~, '-"i~<" ;.:;\( -:/ .-, "";?t ()<--~ ~.~~ ;~~,'(~: :;:'c:. ;~~, :~( r-' c;:o C:l 0' -- ;>- p ...-.: I c.)1. S-"6 ..-\ -:C-n f'l1r'-: '1":~rf1 -~?!;, ,;... ~~i '?{h :~ -0 _,1' ~- - .' (..r\ {"oJ :€ :€ :€ :€ if. if. if. if. :€ :€ if. if. if. if. if. if. if. if.:€:€ if. :€if. :€ if. :€ :€if.if.if. if. if.if. :€:€:€ :€ if.:€:€:€ if. if. if. if. :€ ;Ii:€ :€ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. lEIGH ANN HUTZELL Plaintiff N 0 04-10 . Civil VERSUS REXFORD S. HUTZELL. JR. Defendant DECREE IN DIVORCE AND NOW, ^7J 1 e;r I/' 1-3 0. A · ~\, . """ , IT IS ORDERED AND DECREED THAT Leigh Ann Hutzell Rexford S. Hutzell, Jr. , DEFENDANT, , PLAINTIFF, AND 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; N ()~ € ,/-----~ B / ATTE/!~ PROTHONOTARY if. if. if. if. if. if. if. if. if. ;Ii if. if. if. if. :€ if. if. :€ :€ :€ if. :€ if. :€ :€ if. if. if. if. :€ if. if. if. if. if. :€ if. if. :€ :€ :€ :€ if. if. if. if. if. if. if. :€ if. :€ :€ if. if. :€ :€ if. if. if. if. if. if. J. if. if. if. if. if. if. if. if. if. :€ if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. ~- ~p ~ ~ ~z,t, /}(j- (J/ 5' @ ~o ~ ~ ~ ~.~ ,?r?-tJ/.S' . . ..... ,~ .. '. . '\ .~ ~\, ~.~ '\ ~