HomeMy WebLinkAbout04-1976 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. KUTZ, )
Plaintiff ) NO.
)
v. )
)
ELIZABETH G. KUTZ, ) CIVIL ACTION - LAW
Defendant ) IN CUSTODY
COMPLAINT TO CONFIRM CUSTODY
AND NOW, Plaintiff James J. Kutz, by and through his attorney, Howett, Kissinger &
Conley, P.C., files a Complaint to Confirm Custody against Defendant, Elizabeth G. Kutz, and in
support thereof, avers the following:
1. Plaintiff is James J. Kutz ("Father"), who currently resides at 6103 Summit
Pointe Drive, Harrisburg, Dauphin County, Pennsylvania 17111 and has purchased a home at 312
East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and will be
relocating there in June of 2004.
2. Defendant is Elizabeth G. Kutz ("Mother"), who currently resides at 1143
Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Plaintiff seeks custody of the following child:
Name Present Address Age
Daniel Kutz 6103 Summit Pointe Drive 15
Harrisburg, PA 17111
The child was not bom out of wedlock.
The child is presently in the custody of Father who currently resides at 6103
Summit Point Drive, Harrisburg, Dauphin County, Pennsylvania 17111.
During the past five year, the child resided with the following persons and at the
following addresses:
Person[s]
Elizabeth G. Kutz
Elizabeth G. Kutz
James J. Kutz
Suzanne Kutz
David Kutz
Address[es]
1146 Dry Powder Circle
Mechanicsburg, PA 17055
1143 Cross Creek Drive
Mechanicsburg, PA 17050
6103 Summit Point Drive
Harrisburg, PA 17111
Date[s]
1998 - Oct. 2003
Oct. 2003 - May 1, 2004
May 1, 2004 - Present
The mother of the child is Elizabeth G. Kutz, who currently resides at 1143 Cross
Creek Drive, Mechanicsburg, PA 17050.
She is divorced.
The father of the child is James J. Kutz, who currently resides at 6103 Summit
Pointe Drive, Harrisburg, PA 17111.
He is married.
4. The relationship of Plaintiff to the child is that of Father. Plaintiff
currently resides with the following persons:
Name(s/ Relationship
Suzanne Kutz Spouse
David Kutz Son
Daniel Kutz Son
5. The relationship of Defendant to the child is that of Mother. Defendant
currently resides alone.
6. Plaintiff has not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding conceming the child pending
in a court of this Commonwealth.
'Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
7. The best interests and permanent welfare of the child will be served by
granting the relief requested because of the following:
a. Danny is having difficulty in school at Trinity High School and the
school psychologist has recommended that Danny reside with
Father; and
b. Mother recently kicked Danny out of her home, and told him that if
he returned she would call the police and have him arrested.
8. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child has been named as parties to this action.
9. Simultaneously with the filing of this Complaint, Father is also filing a
Petition for Special Relief.
WHEREFORE, Plaintiff James J. Kutz, respectfully requests that this Honorable Court
enter an Order granting custody of the child to him.
Respectfully submitted,
Date:
yJo~_~,4tow~ti;Jr.,~squire / x~
'-IrIDWETT, KISSINGER & COliCkY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, James J. Kutz
VERIFICATION
I, James J. Kutz, hereby swear and affirm that the facts contained in the foregoing
Complaint in Custody are tree and correct to the best of my knowledge, information and belief
and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to
authorities.
Date: ~ &/D c{
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. KUTZ, )
Plaintiff ) NO. 0 ~{ ~' [ ~ 7 ~
)
v. )
)
ELIZABETH G. KUTZ, ) CIVIL ACTION - LAW
Defendant: ) IN CUSTODY
PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 ~d~"~ ,,l~.~
lylOIIltVICATION OF CIIRT~r"r ·
AND NOW, comes Plaintiff, James J. Kutz, by and through his counsel, Howett,
Kissinger & Conley, P.C., who files this Petition for Special Relief Pursuant to Pa.R.C.P.
1915.13 and for Modification of Custody Agreement and in support thereof states as follows:
1. Plaintiff, James J. Kutz, is an adult individual currently residing
6103 Summit Pointe Drive, Harrisburg, Dauphin County, Pennsylvania 17111 and has purchased
a home at 312 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055
and will be relocating there in June of 2004.
2. Defendant, Elizabeth G. Kutz, is an adult individual currently residing at
1143 Cross Creek Drive, iMechanicsburg County, Pennsylvania 17050.
3. The parties are the parents of one minor child, Daniel Kutz, (hereinafter
referred to as "Danny"), date of birth October 20, 1988 and is currently 15 years of age.
4. Pursuant to a Marital Settlement Agreement December 14, 1995, a copy of
which is attached hereto, marked Exhibit "A" and incorporated by reference herein as if set forth
at length, Mother has majority physical custody of the minor child and the parties share legal
custody.
5. On or about May 1, 2004, Mother advised that Danny could no longer
reside with her and that if he returned to her home she would telephone the police and have him
arrested. She also represented that she had changed the locks and the keyless entry combination
to ensure Danny's inability to gain access to her residence.
6. On or about May 1, 2004, Mother sent e-mails to Father and his wife,
Suzanne Kutz (hereinaRer referred to as "Suzanne") to confirm that she was sending Danny to
live with them. Copies of the May 1, 2004 e-mails are attached hereto marked collectively
as Exhibit "B" and are incorporated herein by reference as if set forth at length.
7. Danny is currently in 9~ grade at Trinity High School and experiencing
difficulties in his studies. Some time ago the school psychologist at Trinity High School
recommended that Danny reside with Father.
8. Trinity High School will provide transportation for Danny from Father's
house on the East Shore to school and back again only if Father has majority physical custody of
Danny.
9. Mother now refuses to execute any documentation granting Father
majority physical custody of Danny although she, on several occasions, agreed to do so and in
fact requested that Father draft such a revision which he did. Father and Suzanne, because of
work commitments and commitments with another minor child who is attending 2nd grade in the
Central Dauphin School System, are unable to transport Danny back and forth to Trinity High
School.
10. In addition without majority physical custody Father is unable to enroll
Danny in the public school near his residence as that would be a viable and perhaps beneficial
option.
11. Accordingly, Danny is currently not able to attend school given Mother's
actions this past weekend.
12. Pa.R.C.P. 1915.13 provides, inter alia, as follows:
At anytime after commencement of the action, the court
may on application or its own motion grant appropriate
interim or special relief. The relief may include but is not
limited to the award of temporary custody ....
13. Danny's best interests mandate that the current custody arrangement be
modified to provide Father with majority physical custody. Accordingly, simultaneously with the
filing of this Petition Father has filed a Complaint to Confirm Custody.
14. In addition, Danny's best interests mandate that a temporary order be
immediately entered granting Father temporary primary physical custody pending hearing on
Father's modification request so that Danny may begin attending school.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to immediately
enter an order directing that until further order of court, Plaintiff shall have majority physical
custody of Danny.
Date:
Respectfully submitted, ~
~..otm-C. Howett, Jr., Esquire~..,~ x3
HOWETT, KISSINGER & COI',TLEY, P.C.
130 Walnut Street / P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, James J. Kutz
VERIFICATION
I, James J. Kutz, hereby swear and affirm that the facts contained in the foregoing Petition
for Special Relief Pursuant to Pa.R.C.P. 1915.13 and for Modification of Custody Agreement are
true and correct to the best of my knowledge, information and belief and are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
Date:
M~d~ITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
ELIZABETH G. KUTZ
AND
JAMES J. KUTZ
Howard B. Krug, Esquire
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
Telephone: 717-234-4178
Counsel for Elizabeth G.
Kutz
John C. Eowett, Jr., Esquire
HOW~TT, KISSINGER & MILES, P.C.
130 Walnut Street/P.O. Box 810
Harrisburg, PA 17108
Telephone: 717-234-2616
Counsel for James J. Kutz
EXHIBIT
HEADING
2.
3.
4.
5.
TABLE OF CONTENTS
ADVICE OF COUNSEL
DISCLOSURE OF ASSETS
PERSONAL RIGHTS
MUTUAL CONSENT DIVORCE
EQUITABLE DISTRIBUTION
(a) Real Property to Wife
(b) Real Property to Husband
(c) Contents of Marital Residence
and Personal Property
(d) Motor Vehicles
(e) Pension/Retirement Benefits
(f) Cash Accounts, Stocks and Other Funds
(g) Life Insurance
(h) Country Club
(i) Miscellaneous Property
(i) Property to Wife
(k) Property to Husband
(1) Assumption of Liabilities
(m) Liability Not Listed
(n) Indemnification of Wife
(o) Indemnification of Husband
(p) Warranty as to Future Obligations
ALIMONY
(a) Periodic Payments
PAGE
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8.
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TABLE OF CONTENTS (Continued
HEADING
(b) Wife's Education
(c) Medical Insurance for Wife
(d) Note
(e) Prior Payments
(f) Tax Treatment
(g) Waiver
CUSTODY
(a) Shared Legal and .Physical Custody
(b) Emergencies
(c) Access to Records
(d) Living Arrangements
(1) Basic Schedule
(2) Holidays
(3) Summer Vacation
(e) Religion
MEDICAL INSURANCE FOR CHILD
POST-HIGH SCHOOL EDUCATION OF CEILD
COUNSEL FEES
WAIVER OF BENEFICIARY DESIGNATIONS
WAIVER OF INHERITANCE RIGHTS
RELEASE OF CLAIMS
PRESERVATION OF RECORDS
MODIFICATION
SEVERABILITY
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HEADING
TABLE OF CONTENTS (Continued)
17. BREACH
18. WAIVER OF BREACH
19. NOTICE
20. APPLICABLE LAW
21. AGREEMENT BINDING ON PARTIES AND HEIRS
22. ENTIRE AGREEMENT
23. PRIOR AGREEMENTS
24. INCORPORATION OF EXHIBITS
25. MUTUAL COOPERATION
26. DATE OF EXECUTION
27. EFFECTIVE DATE
28. AGREEMENT NOT TO BE MERGED
29. EFFECT OF RECONCILIATION OR
RECONCILIATION ATTEMPT
30. HEADINGS NOT PART OF AGREEMENT
31. COUNTERPARTS
PAGE
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EXHIBIT "A"
4O
iii
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made this / ay of
1995, by and between ELIZABETH G. KUTZ of Cumberland County,
Pennsylvania, (hereinafter referred to as "Wife"), and JAMES J.
KUTZ of Dauphin County, Pennsylvania, (hereinafter referred to as
"Husband"),
WITNESSETH:
WHEREAS, Elizabeth G. Kutz, social security number 174-40-
9860, was born on November 10, 1950, and currently resides at 1146
Dry Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
WHEREAS, James J. Kutz, social security number 179-40-5595,
was born on September 24, 1950, and currently resides at 6103
Summit Pointe Drive, Harrisburg, Dauphin County, Pennsylvania,
17111.
WHEREAS, the parties hereto are husband and wife, having been
lawfully married on. August 13, 1977, in Mount Carmel,
Northumberland County, Pennsylvania and are the parents of the
following minor child:
Name Sex Date of Birth
Daniel John Kutz M October 20, 1988
WHEREAS, the parties have lived separate and apart since
February 6, 1990, and
WHEREAS, the parties hereto are desirous of settling fully and
1
finally their respective financial and property rights and
obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership
of real and personal property, the support and maintenance of one
another and of their child, and in general, the settling of any and
all claims and possible claims by one against the other or against
their respective estates.
NOW, THEREFORE, in consideration of these premises, and of the
mutual promises, covenants, and undertakings hereinafter set forth,
and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the parties
hereto, Husband and Wife, each intending to be legally bound
hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. The provisions of this Agreement
and their legal effect have been fully explained to the parties by
their respective legal counsel, John C. Howett, Jr., Esquire for
Husband and Howard B. Krug, Esquire for Wife. Each party
acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel of his or her selection, and
that each fully understands the facts and his or her legal rights
and obligations, and each party acknowledges and accepts that this
Agreement is, in the circumstances, fair and equitable, and that it
is being entered into freely and voluntarily, and that execution of
this Agreement is not the result of any duress or undue influence,
and that it is not the result of any improper or illegal agreement
or agreements. In addition, each party hereby acknowledges that he
2
or she is aware of the impact of the Pennsylvania Divorce Code, 23
Pa.C.S.A. S3101, et. seq., whereby the court has the right and duty
to determine all marital rights of the parties including divorce,
alimony, alimony Dendente lite, equitable distribution of all
marital property or property owned or possessed individually by the
other, counsel fees and costs of litigation and, fully knowing the
same, and being fully advised of his or her rights thereunder, each
party hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth herein are fair, just and
equitable to each of the parties and waives his and her respective
right to have the Court of Common Pleas of Cumberland. County, or
any other court of competent jurisdiction, make any determination
or order affecting the respective parties' rights to alimony,
alimony pendente lite, equitable distribution of marital property,
counsel fees and costs of litigation,
from the parties' marriage.
2. DISCLOSURE OF ASSETS.
or any other right arising
Each of the parties hereto
acknowledges that h~ or she is aware of his or her right to engage
in discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of
oral depositions, the filing of inventories, and all other means of
discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure and each of the parties
specifically'waives his or her right to engage in such discovery.
Each of the parties further acknowledges that he or she is aware
of, and specifically waives, his or her right to have the real
and/or personal property, estate and assets, earnings and income of
the other assessed or evaluated by the courts of this commonwealth
or any other court of competent jurisdiction. The respective
parties do hereby acknowledge, recognize and accept that there has
been full and fair disclosure to the other of his or her income,
assets and liabilities, and each party agrees that any right to
further disclosure, valuation, enumeration or statement thereof in
this Agreement is hereby specifically waived, and the parties do
not wish to make or append hereto any further enumeration or
statement. The parties hereby acknowledge and agree that the
division of the marital assets as set forth in this Agreement is
considered fair, reasonable and equitable, and is satisfactory to
them. Each of the parties hereto further covenants and agrees for
himself and herself and his or her heirs, executors, administrators
or assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or
assigns in any action of contention, direct or indirect, and allege
therein that there was a denial of any rights to full disclosure,
or that there was any fraud, duress, undue influence, or that there
was a failure to have available full, proper and independent
representation by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at all times
hereafter, live separate and apart. Each shall be free from all
control, restraint, interference and authority, direct or indirect,
by the other in all respects as fully as if he or she were
unmarried. Each party may reside at such place or places as he or
she may select. Each may, for his or her separate use or benefit,
conduct, carry on or engage in any business, occupation, profession
or employment which to him or her may seem advisable. This
provision shall not be taken, however, to be an admission on the
part of either Husband or Wife of the lawfulness of the cause which
led to, or resulted in, the continuation of their living apart.
Husband and Wife shall not molest, harass or disturb each other or
the respective families of each other, nor compel or attempt to
compel the other to cohabit or dwell by any means or in any manner
whatsoever with him or her. Neither party will interfere with the
use, ownership, enjoyment or disposition of any property now owned
by or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. The parties acknowledge that
on or about May 1, 1992, Husband commenced an action for divorce
under the no-fault provisions of the Pennsylvania Divorce Code,
which action is docketed to No. 1606 Civil 1992 in the Court of
Common Pleas of Cumberland County, Pennsylvania. It is the
intention of the parties that by this Agreement they have resolved
all ancillary economic issues attendant to the dissolution of their
marriage and/or which may be or have been raised in the pending
divorce action. The parties acknowledge that the ninety (90) day
waiting period provided for under the no-fault provisions of the
Divorce Code has expired. Therefore, the parties agree that
contemporaneously with the execution of this Agreement, each shall
sign an Affidavit of Consent to Divorce which shall be transmitte4
to counsel for Husband who shall submit to the court a Praecipe to
5
Transmit Record, Vital Statistics form and any and all other
documents necessary to precipitate the entry of a divorce decree on
or before December 24, 1995. In the event that a divorce decree is
not entered on or before December 31, 1995, as a result of any
unreasonable action or inaction of Wife without any fault of
Husband, then this Agreement shall be null and void in its
entirety.
5. EQUITABLE DISTRIBUTION.
(a) Real Property to Wife. The parties acknowledge
that they are the owners of that certain house and lot and all
improvements thereupon situated at 1146 Dry Powder Circle,
Mechanicsburg, Cu~erland County, Pennsylvania, 17055 (the "Marital
Residence"). The parties agree as follows with ~espect to the
Marital Residence:
(1) Within ten (10) days of the date of
execution of this Agreement, Husband and Wife shall deliver to Wife
an appropriate deed, to be prepared by Wife's counsel, conveying to
Wife all of the parties' right, title, claim and interest in and to
the Marital Residence. Thereafter, Wife shall be the sole owner of
the Marital Residence and shall be permitted to record said deed
and take any other action with respect thereto that she deems
appropriate.
(2) The parties acknowledge that there
presently is..outstanding against the Marital Residence a mortgage
in favor of Long Island Savings Bank. Wife need not refinance the
subject mortgage during its scheduled life, and Husband shall
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remain a co-mortgagor with Wife during said period. Commencing on
the date of execution of this Agreement, Wife shall be solely
responsible for all past, present and future principal, interest
and other fees due under the current mortgage. In addition, for so
long as Husband remains liable under the mortgage, Wife agrees that
she shall, in a timely fashion, make all payments due under the
existing mortgage, and that she further shall timely make any
payments necessary to maintain insurance on the property and shall
timely pay all real estate ~taxes associated with the Marital
Residence. In the event of Wife's failure to timely (within thirty
(30) days of the due date) make all mortgage, insurance and tax
payments due on the Marital Residence, such will be deemed to
constitute a breach of this Agreement and Husband shall have the
option, in addition to any and all other rights or remedies
provided by this Agreement or by law, to make the mortgage,
insurance or tax payments which are Wife's responsibility under the
terms of this subparagraph and to deduct any such payment he makes,
dollar for dollar, from any amount owed to Wife, including but not
limited to the alimony payments provided by the terms of this
Agreement. Wife shall keep Husband indemnified and held harmless
from any liability, cost or expense, including reasonable
attorney's fees, related to the current mortgage on the Marital
Residence, and in the event that Wife should die while Husband is
still obligated under the said mortgage, it shall be Wife's
estate's obligation to promptly satisfy the mortgage.
(3) Husband agrees that as of the date upon
7
which he is removed from the obligation on the mortgage, any and
all homeowners policies, title policies, and any other policy of
insurance with respect to the Marital Residence shall be deemed
endorsed to reflect Wife as sole owner thereof and he further
agrees that Wife shall be entitled to receive any payments
thereafter due under any such insurance policies. Notwithstanding
the foregoing, so long as Wife's payments are timely, Husband shall
endorse to Wife any checks received from any insurer as a result of
damage or loss to the subject real estate.
(4) In addition to Wife's obligations under
subparagraph (2) above, commencing on the date of execution of this
Agreement, Wife shall be solely responsible for all past, present
and future costs, expenses and liabilities associated with or
attributable to the Marital Residence, including but not limited to
utilities, maintenance and repairs, and Wife shall keep Husband and
his successors, assigns, heirs, executors and administrators
indemnified and held harmless from any liability, cost or expense,
including attorney's fees, which may be incurrad in connection with
such liabilities andexpenses or resulting from Husband's ownership
interest in the Marital Residence.
(b) Real Prooertv to Husband. The parties
acknowledge that they are the owners of a certain time share at
Shawnee Village in the Poconos (hereinafter referred to as the
"Shawnee Time Share"). The parties also acknowledge that Husband
is the owner of a non-marital property he purchased post-separation
which is situated at 6103 Summit Pointe Drive, Harrisburg, Dauphin
County, Pennsylvania, 17111 (hereinafter referred to as "Husband's
Residence") and that after separation Husband became the owner of
a cabin situated in Ryan Township, Schuylkill County, Pennsylvania
(hereinafter referred to as "Husband's Cabin"), former residence of
his aunt, Dorothy Houser, now deceased, on or about November 22,
1994. The parties agree as follows with respect to the Shawnee
Time Share, Husband's Residence, and Husband's Cabin:
(1) Within ten (10) days of the date of
execution of this Agreement, Husband and Wife shall deliver to
Husband an appropriate deed, to be prepared by Husband's counsel,
conveying to Husband all of the parties' right, title, claim and
interest in and to the Shawnee Time Share. Thereafter, Husband
shall be the sole owner of the Shawnee Time Share and shall be
permitted to record said deed and take any other action with
respect thereto that he deems appropriate.
(2) Wife hereby confirms that she has released,
waived, and forever abandoned any and all right, title, claim or
interest which she ~y have had in and to Husband's Residence and
Husband's Cabin. Husband is the sole owner of said properties and
shall be permitted to take any action with respect thereto that he
deems appropriate.
execution of this
(3) Wife agrees that as of the date of
Agreement, any and all homeowner's policies,
title policies, and any other policy of insurance with respect to
the Shawnee Time Share, Husband's Residence and Husband's Cabin
shall he deemed endorsed to reflect Husband as sole owner thereof
9
and she further agrees
any payments now or
policies.
that Husband shall be entitled to receive
hereafter due under .any such insurance
(4) Commencing on the execution date of this
Agreement, Husband shall be solely liable for all past, present and
future costs, expenses and liabilities associated with or
attributable to the Shawnee Time Share, Husband's Residence, and
Husband's Cabin, including but not limited to any mortgage
obligations, taxes, insurance premiums, utilities, maintenance and
repairs, and Husband shall keep Wife and her successors, assigns,
heirs, executors and administrators indemnified and held harmless
from any liability, costs or expense, including attorneys fees,
which may be incurred in connection with such liabilities and
expenses.
Property.
(c) Contents of Marital Residence and Personal
of execution of
(1) Except as set forth herein,
this Agreement, Husband sets over,
as of the date
transfers and
assigns to Wife, all of his right, title, claim and interest in and
to all of the contents of the Marital Residence, including but not
necessarily limited to all furniture, furnishings, rugs, carpets,
household appliances and equipment, clothes, jewelry, personalty
and other items of tangible property of whatever nature currently
located in t~e Marital Residence.
(2) Wife agrees that Husband may remove from
the Marital Residence and retain as his sole and separate property
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the assets set forth on Exhibit "A" to this Agreement which is
attached hereto and incorporated herein by reference. Husband
shall remove the items on Exhibit "A" from the Marital Residence
within thirty (30) days of the date of execution of this Agreement
and shall bear all costs of transporting said property from the
Marital Residence. Should there by any damage to the marital
residence created by virtue or in the course of Husband's removing
the items listed in Exhibit "A", Husband shall reimburse to Wife
the reasonable cost of repair to the marital residence.
(3) As of the date of execution of this
Agreement, Wife sets over, transfers and assigns to Husband all of
her right, title, claim and interest in and to all of the contents
of the Shawnee Time Share, Husband's Residence, and Husband's
Cabin, including, but not necessarily limited to all furniture,
furnishings, rugs, carpets, household appliances and equipment,
clothes, jewelry, personalty and other items of tangible property
of whatever nature currently located in
Husband's Residence and Husband's Cabin.
(d) Motor Vehicles.
(1) Husband agrees
possession of and receive as her sole
1994 Toyota Camry automobile titled in
rights under any insurance policy
responsibility for payment of any
the Shawnee Time Share,
that Wife shall retain
and separate property the
her name, along with all
thereon and with all
outstanding indebtedness
pertaining thereto and insurance thereon, free of any right, title,
claim or interest of Husband.
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(2) Wife agrees that Husband shall retain
possession of and receive as his sole and separate property the
1990 Chrysler automobile, 1985 Toyota automobile and Kawasaki
motorcycle, all of which are titled in his name, along with all
rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness
pertaining thereto and insurance thereon, free of any right, title,
claim or interest of Wife.
(3) Wife and Husband agree that each will
indemnify and hold the other and his or her property harmless from
any liability, cost or expense, including attorneys fees, incurred
in connection with the vehicles awarded to each party by the terms
of this subparagraph.
(e) Pension/Retirement Benefits.
(1) As part of the equitable distribution of
the parties' marital property, Husband shall transfer to Wife the
sum of Thirteen Thousand Dollars ($13,000) from his retirement
benefits. It is the intention of the parties that said transfer
shall be effectuated in such a way as to avoid adverse penalties
and tax consequences;, however, Wife shall be permitted, at the
earliest possible time, to either retire under the plan provisions
or, with Husband's cooperation, transfer by non-taxable rollover
the subject funds to an IRA account in her name. In order to
effectuate this intent, the transfer shall be by Domestic Relations
Order ("DRO") or Qualified Domestic Relations Order ("QDRO"), to be
prepared by Wife, transferring the funds into an Individual
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Retirement Account or pension account in Wife's name alone. After
speaking with the Plan Administrator, Husband's counsel shall
provide plan information as to which order, DRO or QDRO, would be
acceptable t° the Plan and shall provide to Wife's counsel forms,
if any, acceptable to and provided by the Plan to effectuate the
transfer without tax consequences to the parties. The DRO or QDRO
shall be submitted to the court, along with a stipulation prepared
by Wife and executed by both of the parties, requesting that it be
entered as an order. Both parties agree that they will cooperate
in effectuating the transfer of assets to Wife pursuant to this
subparagraph.
(2) Except as otherwise specifically set forth
in subparagraph (1) above, Wife and Husband each hereby
specifically release and waive any and all interest, claim or right
that she or he may have in and to any and all retirement benefits
(including, but not limited to, pension or profit sharing benefits,
deferred compensation plans, 401(k) plans, individual retirement
other similar benefits) of the other party,
to include Husband's IRA, Wife's IRA, and the
Husband's retirement benefits with Eckert, Seamans,
Mellott not belonging to Wife by the terms of this
accounts or
specifically
remainder of
Cherin and
Agreement, and specifically to include a waiver of any spousal
survivor or annuity benefits and/or beneficiary designations
thereunder. The parties agree that they shall execute any
documents pursuant to the Retirement Equity Act or any similar act
that may be required from time to time to accomplish the purpose of
13
this subparagraph.
(f)
his sole and
Cash Accounts, Stocks and Other Funds.
(1) Wife agrees that Husband shall retain as
separate property, free from any claim or right of
Wife, any and all stocks, bonds, investments, sums of cash in
savings or checking accounts, mutual funds, stock accounts, or any
other assets of a similar nature which now are titled in Husband's
name alone.
(2) Husband agrees that Wife shall retain as
her sole and separate property, free from any claim or right of
Husband, any and all stocks, bonds, investments, sums held in
checking or savings accounts, mutual funds, stock accounts, or any
other assets of a similar nature which now are titled in Wife's
name alone or jointly titled with Husband (gifts from Wife's
Father).
(3) Notwithstanding the foregoing, Wife shall
promptly take such steps as are necessary to transfer any and all
right, title and interest she has in the Corestates Savings Account
(originally funded by a $5,000 gift from Husband's parents) to
Husband who shall use same for the future benefit of the parties'
son, Daniel.
(g) Life Insurance.
(1) Husband shall during his lifetime provide
life insurance coverage on his life in the initial amount of Five
Hundred Thousand Dollars ($500,000) with amount to be modifiable,
as stated herein, for the irrevocable benefit of Wife and the
14
parties' son, Daniel, as follows:
(A) Three Hundred Fifty Thousand Dollars
($350,000) initial coverage with Wife as beneficiary, which amount
shall be annually adjusted, once in each calendar year, to reflect
the balance of Husband's then remaining gross alimony and
additional alimony obligations, pursuant to the terms of this
Agreement. The death benefit of such insurance shall be no less
than, but may exceed, the then remaining alimony and additional
alimony obligations. Notwithstanding the foregoing, absent Wife's
prior demise, the life insurance death benefit to her shall never
fall below One Hundred Fifty Thousand Dollars ($150,000). Any
reductions in the death benefit to Wife below the initial amount of
Three Hundred Fifty Thousand Dollars ($350,000) shall be added to
the death benefit payable to the parties' son Daniel as provided in
subparagraphs (B), (C), (D) and (E) below.
(B) One Hundred Fifty Thousand Dollars
($150,000) initial coverage for Daniel, which shall be annually
increased to reflect any reduction in Wife's coverage as permitted
in subparagraph (A) above.
(C) Notwithstanding the provisions of
subparagraph (B), if Husband has other children, he shall not be
required to provide insurance coverage for the benefit of Daniel in
an amount greater than Two Hundred Thousand Dollars ($200,000)
(D) Notwithstanding the foregoing, if
Daniel is estranged from Husband through no fault of Husband's,
Husband may reduce the death benefit for Daniel to an amount no
15
less than One Hundred Fifty Thousand Dollars ($150,000).
(E) In the event Husband has no other
children and the estrangement exception does not apply, Daniel
shall be covered with a minimum irrevocable death benefit of an
amount equal to Five Hundred Thousand Dollars ($500,000) less the
amount of coverage provided to Wife pursuant to subparagraph (A)
hereof.
(2) Except as otherwise set forth in
subparagraph (1) above, Wife and Husband hereby specifically
release and waive any and all interest, claim, or right that he or
she may have in and to any and all policies of life insurance owned
by the other, along with all incidents of ownership pertaining to
same, including cash value, if any.
(h) Countr~ Club. Wife shall retain, at her sole
cost, the parties' membership in the Harrisburg Country Club and.
Husband shall take all steps necessary to assist Wife in retaining
the country club membership in her own name, including resignation,
if necessary.
(i) Miscellaneous Property. All property not
specifically addressed herein shall be hereafter owned by the party
to whom the property is titled; and if untitled, the party in
possession. This Agreement shall constitute a sufficient bill of
sale to evidence the transfer of
property from each to the other.
(j) Property to Wife.
shall own, possess, and enjoy,
any and all rights in such
The parties agree that wife
free from any claim of Husband, the
16
property awarded to her by the terms of this Agreement. Husband
hereby quitclaims, assigns and conveys to Wife all such property,
together with any insurance policies covering that property, and
any escrow accounts relating to that property. This Agreement
shall constitute a sufficient bill of sale to evidence the transfer
of any and all rights in such property from Husband to Wife.
(k) Property to Husband. The parties agree that
Husband shall own, possess, and enjoy, free from any claim of Wife,
the property awarded to him by the terms of this Agreement. Wife
hereby quitclaims, assigns and conveys to Husband all such
property, together with any insurance policies covering that
property, and any escrow accounts relating to that property. This
Agreement shall constitute a sufficient bill of sale to evidence
the transfer of any and all rights in such property from Wife to
Husband.
(1) Assumption of Liabilities.
(1) Husband agrees that he shall be solely
responsible for all debt he has incurred in his name alone,
including, but not limited to obligations to Eckert, Seamans,
Cherin & Mellott and issuers of credit cards in his name, and
Husband further agrees that he will indemnify and hold Wife and her
property harmless from any liability, cost or expense,
attorney's fees,
responsible for
including
including but not
associated with these obligations.
(2) Wife agrees that she shall be
all debt she has incurred in her name
solely
alone,
limited to obligations to Hecht Co. and issuers
17
of credit cards in her name, and Wife further agrees that she will
indemnify and hold Husband
liability, cost or expense,
with these obligations.
(3) Unless
party hereby assumes the debts,
all each will
the property
and his property harmless from any
including attorney's fees, associated
otherwise provided
encumbrances, taxes
hold subsequent to the
herein, each
and liens on
date of this
Agreement, and each party agrees to indemnify and hold harmless the
other party and his or her property from any claim or liability
that the other party will suffer or may be required to pay because
of such debts, encumbrances or liens.
(m) Liability Not Listed. Each party represents and
warrants to the other that he or she has not incurred any debt,
obligation or other liability, other than those described in this
Agreement, on which the other party is or may be liable. A
liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred or may hereafter incur
it, and each party agrees to pay it as the same shall become due,
and to indemnify and hold the other party and his or her property
ha~nless from any and all such debts, obligations and liabilities.
(n) Indemnification of Wife. If any claim, action
or proceeding is hereafter initiated seeking to hold Wife liable
for the debts or obligations assumed by Husband under this
Agreement, HUsband shall, at his sole expense, defend Wife against
any such claim, action or proceeding, whether or not well-founded,
and indemnify her and her property against any day, ages or loss
resulting therefrom, including, but not limited to, costs of court
and attorney's fees incurred by Wife in connection therewith.
(o) Indemnification of Husband. If any claim,
action or proceeding is hereafter initiated seeking to hold Husband
liable for the debts or obligations assumed by wife under this
Agreement, Wife shall, at her sole expense, defend Husband against
any such claim, action or proceeding, whether or not well-founded,
and indemnify him and his property against any damages or loss
resulting therefrom, including, but not limited to, costs of court
and attorney's fees incurred by Husband in connection therewith.
(p) Warrantv as to Future Obligations. Husband and
Wife shall take all steps necessary to assure that no credit cards
or similar accounts or obligations exist which provide for joint
liability. From the date of execution of this Agreement, each
party shall use only those credit cards and accounts for which that
party is individually liable and the parties agree to cooperate in
closing any and all accounts on which joint liability may be
incurred. Husband and Wife each represents and warrants to the
other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the
other's legal representatives, property or estate may be
responsible. Each hereby agrees to indemnify, save and hold the
other and his or her property harmless from any liability, loss,
cost or expense whatsoever, including attorney's fees, incurred in
the event of breach hereof.
19
(1) Commencing effective January 1, 19
Husband shall pay to Wife as alimony the sum of Three Thousand
Three Hundred Dollars ($3,300) per month and Wife acknowledges
receipt of all such sums due prior to the date hereof. These
payments shall, continue until the first to occur of (A) June 30,
2001; (B) Wife's remarriageS; (C) Wife's continued cohabitation
with the same unrelated male person for a consecutive period of six
(6) months or that which is equivalent to said period but for a
short period of living apart during said six month period, which
six month period shall exclude work or social commitments of Wife
or the male person, causing either to be out of town for a short
duration. In the event of ambiguity, it is the intent behind the
foregoing language that Wife's continuous cohabitation over the
stated period constitute a very serious romantic involvement with
a particular member of the opposite sex to the extent that it may
be deemed to be the equivalent to a marital commitment without a
marriage; (D) Husband's death; or (E) Wife's death.
Wife's
above,
Wife as
($2,500)
(2) Commencing on July 1, 2001, or earlier upon
remarriage or cohabitation as defined in subparagraph (1)
and continuing through March, 2006, Husband shall pay to
alimony the sum of Two Thousand Five Hundred Dollars
per,month. Alimony paid pursuant to this subparagraph
~Payments of $3,300 per month shall continue for a period of
six months after Wife's remarriage or cohabitation, as defined
herein, notwithstanding the foregoing.
20
shall not be terminable upon Wife's remarriage or cohabitation, but
shall be terminable in the event of wife's death or Husband's
death. Notwithstanding the foregoing, however, in the event that
Wife and her new spouse or cohabitant, as defined above, have a
combined adjusted gross income, exclusive of alimony, in excess of
One Hundred Seventy Five Thousand Dollars ($175,000) for any year
during which Husband is obligated to pay alimony pursuant to this
subparagraph (2) at the rate of Two Thousand Five Hundred Dollars
($2,500) per month, Husband may, at his sole discretion, terminate
alimony payments to Wife. If a divorce occurs between Wife and her
new spouse through no fault of Wife, Husband agrees to continue
alimony payments. If Husband elects to terminate alimony pursuant
hereto or if alimony terminates for any other reason, Husband shall
continue to be required to provide life insurance and medical
insurance pursuant to the terms of this Agreement and his child
support obligation at that time, if any, shall be determined by
agreement of the parties or order of court.
(3) Husband shall not be obligated to pay child
support to Wife for the parties' son Daniel during any period in
which he has an alimony obligation to Wife pursuant to the terms of
this Agreement.. If and in the event that Wife obtains a child
support order against Husband, then Husband may reduce his alimony
payments to Wife to reflect the amount of the child support order,
dollar for dollar, plus an additional amount equal to the lost tax
benefit to Husband in being unable to deduct the entire amount as
alimony. Notwithstanding the foregoing, however, Husband agrees
21
that he will pay fifty percent (50%) of Daniel's reasonable day
care expenses, which payment shall not be taxable to Wife nor
deductible by Husband as alimony. Said payment shall be made by
Husband to Wife within seven days of Husband's receipt of bill.
(4) The foregoing periodic alimony payments
shall be made directly to Wife, due and payable on the sixteenth
(16th) day of the month by transfer from Husband's account to
Wife's checking account at CoreStates Bank. In the event Husband
fails to make any payment so that same is received in Wife's
account on or before the eighteenth (18th) day of said month, such
shall be a breach of this Agreement, entitling Wife by presenting
a copy of this Agreement and her sworn affidavit of lateness to the
Cumberland County Domestic Relations Office to immediately enter an
alimony order with wage garnishment in e~act conformity with the
payment amounts and other terms stated herein, notwithstanding any
law, regulation, or practice otherwise and without the necessity of
having a hearing to secure an Order.
(5) As additional alimony, Husband shall pay
to Wife nine annual payments of One Thousand ($1,000.00) Dollars
each due on or before March 31 of each year commencing March 31,
1997 and terminating March 31, 2005.
(b) Wife's Education. Husband also shall reimburse
to Wife, as additional alimony, within seven (7) days of her
payment all costs (tuition, books and fees) related to her graduate
education to a maximum of $10,500. Husband's obligations under
this subparagraph are contingent upon Wife's maintaining a grade
22
point average permitting her to continue her studies and in no
event shall Husband's obligation continue for a period of more than
five (5) academic years commencing with the academic year beginning
in September, 1995. Husband's obligation shall terminate upon the
death of either party. Any and all payments made by Husband
pursuant to this subparagraph shall be deductible by Husband and
includable in Wife's income for tax purposes. Husband currently
owes Wife the sum of $796.00 for the Fall,
(c) Medical Insurance for
that he shall maintain medical insurance
1995 term.
Wife. Husband agrees
coverage equivalent to
existing coverage for Wife through his law firm under federal COBRA
laws for a period of three (3) years from the date the divorce
decree is entered with respect to the parties. Any and all
payments Husband makes pursuant to this subparagraph shall be
deemed to be additional alimony, shall terminate no later than the
death of either party, and thus shall be deductible by Husband and
includable in Wife's income for tax purposes. In the event the
same coverage and terms as that which currently exists are
available through other sources at a reduced cost, Husband may, at
his discretion, secure other coverage for Wife, so long as it
includes basic, major medical, and other coverage benefits now
included in Husband's medical insurance program through his law
firm. In the event of a policy change, Husband shall give Wife
thirty (30) days advance notice, a copy of the coverage plan, and
a card or other provider required proof of coverage.
(d) Note/Other Funds. As additional alimony during
23
1995, Husband hereby forgives the note signed by Wife for Four
Thousand Dollars ($4,000) and he shall pay to Wife the sum of Four
Thousand Five Hundred Dollars ($4,500) on the execution date of
this Agreement. On or before January 15, 1996, Husband will pay
Wife the sum of Three Thousand Dollars
March 15, 1996, he will pay Wife an
Thousand Four Hundred Dollars ($3,400)
($3,000) and on or before
additional sum of Three
as alimony for 1996. Any
and all payments made by Husband pursuant to the terms of this
subparagraph shall be deductible by Husband and includable in
Wife's income for tax purposes. Husband's obligations under this
subparagraph shall terminate on the death of either party and are
in addition to and shall not be credited to Husband's obligation to
make periodic alimony payments as set forth in subparagraph (a) of
this paragraph.
(e) Prior Payments. The parties acknowledge that
Husband has paid to Wife as unallocated family support for Wife and
they filed
connection
($3,500/month for 12
the parties' child the following amounts:
(1) 1993 $42,000
months).
(2) 1994 $41,000 ($3,500/month for 11
months and $2,500 for I month).
(f) Tax Treatment. The parties acknowledge that
separate tax returns for 1993 and 1994 and that in
therewith, Wife reported as income, and Husband
deducted, al% sums paid to Wife by Husband in that tax year. Each
party agrees that he and she will do the same for sums paid to Wife
by Husband in tax year 1995. The parties further agree that
24
Husband shall be entitled to claim the dependency exemption for
their son on his federal income tax returns for so long as he is
paying alimony and Wife agrees that she will sign IRS Form 8332
releasing her right to take the exemption belonging to Husband by
virtue of this subparagraph. Wife may file as head of household if
entitled to do so by relevant tax laws.
(g) Waiver. Except as otherwise provided in this
Paragraph 6, the parties expressly waive, discharge and release any
and all rights and claims which they may now or hereafter have, by
reason of the parties marriage, to alimony, alimony pendente lite,
support or maintenance and they acknowledge that the terms of this
Agreement constitute a final determination for all time of either
parties' obligation to contribute to the support and maintenance of
the other party and that the terms hereof shall not be modifiable
in a court of law or equity.
7. CUSTODy.
(a) Shared Leqal and Phvsical Custody. It is the
intention of the parties, and the parties agree, to share legal and
physical custody of their child, with Wife to be the child's
primary physical custodian subject to Husband's rights of partial
physical custody as set forth herein. The parties agree that major
decisions concerning their child, including but not necessarily
limited to his health, welfare, education, and upbringing, except
to the extent such would be inconsistent with paragraph 7(e)
(Religion) hereof, shall be made after discussion and consultation
with each other, with a view toward obtaining and following a
25
the other party.
child to contact
decisions will be
physical custody.
harmonious policy in the child's best interests. Each party shall
keep the other informed of theprogress of the child's educational
and social adjustments when in his or her care. Each party agrees
not to impair the other party's custodial rights as regards the
child. The parties shall give support to one another in their
respective roles as parents, and take into account the views of the
other regarding the physical and emotional well-being of their
child. Each party agrees not to attempt to alienate the affections
of the child from the other party nor to permit any third party to
attempt to so alienate the affections of the child from the other
party. There shall be no negative discussion with the child about
The parties agree that they will encourage the
the other party by telephone. Day-to-day
the responsibility of the parent then having
Emergencies. With regard to any emergency
decisions which must be made, the parent having physical custody of
the child at the time of the emergency shall be permitted to make
any immediate decisions necessitated thereby. However, that parent
shall inform the other parent.of the emergency and consult with him
or her as soon as possible.
(c) Access to Records. Each parent shall be
entitled to complete and full information from any doctor, dentist,
teacher or authority and to have copies of any reports given to
either party as a parent.
(d) Living Arran,ements. It is understood by the
26
parties that the exact period of physical custody must necessarily
be the subject of periodic negotiation between them. They
therefore agree to consult as necessary and to cooperate with one
another in scheduling the child's custodial periods with his father
and to take into account the respective schedules and obligations
of each other and of the child. Notwithstanding the foregoing, the
parties have agreed to the following general custody schedule:
(1) Basic Schedule.
(A) Husband shall have custody of Daniel
every other weekend from Friday at 5:00 p.m. until Sunday at 6:30
p.m. If Daniel does not have school on the following Monday,
Husband's weekend shall extend through Monday.
(B) Husband shall have custody of Daniel
every Monday and Wednesday night from 5:00 p.m. until the next
morning when he drops the child off at school, camp or Wife's
residence. If Husband has no work on the next day, Daniel will
remain with Husband until 2:00 p.m.;
(2) Holidays. The parties agree that physical
custody of Daniel on the following holidays from 10:00 a.m. to the
followin~ morning shall alternate every year and that this holiday
schedule shall supersede the basic schedule of physical custody:
(A) Daniel will spend the following
holidays with Wife in 1997 and in all odd-numbered years thereafter
and with Husband in 1996 and in all even-numbered years thereafter:
(i) Easter. From the conclusion of
school prior to Easter until the child returns to school at
27
the end of the Easter holiday.
between the parents
week days;
holidays with Husband in
thereafter and with
thereafter:
The time shall be divided equally
if Daniel is off school for greater than three
(ii) Memorial Day.
(iii) Labor Day.
(B) Daniel will spend the
1997 and in odd-numbered years
Wife in 1996 and in even-numbered years
following
(i) Independence Day.
(ii) Thanks~ivinq. From school
dismissal through the start of school.
(C) The Christmas
divided between the parties as follows:
holiday shall be
(i) Until Daniel attains 11 years of
age, Christmas shall be divided as follows without alternation:
(a)
Mother: From end of
school through December
25 at 12:30 p.m.
(b)
Father: December 25 at
12:30 p.m. through
December 26 at noon.
(¢)
Mother: December 26 at
noon through December 28
at 5:00 p.m.
(d)
Father: December 28 at
5:00 p.m. through January
2 at noon.
(ii) When Daniel attains age 11, the
schedule will alternate, with Father to have the first period of
28
custody for the first Christmas occurring after Daniel attains age
11, and be as follows:
(a) End of school to December
24 at 4:00 p.m.
(b) December 24 at 4:00 p.m.
to December 24 at 9:00
p.m.
(c) December 24 at 9:00 p.m.
to December 25 at noon.
(d) December 25 at noon to
December 29 at 6:00 p.m.
(e) December 29 at 6:00 p.m.
to January 1 at 6:00 p.m.
(f) January 1 at 6:00 p.m. to
the start of school.
For 1999 and all odd years thereafter, Husband shall have
visitation segments a, c and e while Mother has visitation segments
b, d and f. For 2000 and even years thereafter, Husband shall have
visitation segments b, d and f and Mother shall have a, c and e.
(D) The non-custodial parent shall be
entitled to have custody of Daniel for two (2) hours on his
birthday; however, if school is scheduled for the next day, such
visit will end with Daniel home by 7:00 p.m.
(E) Daniel's time off from school shall be
divided equally between the parties as they reasonably agree.
(F) Daniel will spend each Mother's Day
with Wife and each Father's Day with Husband, the specific times to
be arranged each year by mutual agreement of the parties.
(3) Summer vacation. The parties agree that
the summer vacation schedule shall supersede both the basic and
holiday schedule. Each party shall be entitled to an uninterrupted
29
summer vacation period of ten (10) consecutive days plus one (1)
week, to be taken as two separate periods.
(e) Religion. Both parents shall take whatever
steps are necessary to raise Daniel in the Roman Catholic faith and
keep him in good standing. Each shall cooperate in this decision
to avoid confusion for Daniel.
8. MEDICAL INSURANCE FOR CHILD. Husband agrees that he
shall provide medical and hospitalization insurance through his
employer for Daniel until the last to occur of Daniel's attaining
age eighteen (18), graduating from high school or graduating from
college (if Daniel attends college). The parties agree that
Husband shall pay eighty percent (80%) of Daniel's uninsured or
unreimbursed medical, hospital, dental, orthodontic and vision care
expenses (including glasses and contact lenses) provided that
Husband approves any and all non-emergency expenditures before
service is provided, which approval shall not be unreasonably
withheld.
9. POST-HIGH SCHOOL EDUCATION OF CHILD. Husband shall
pay one hundred percent (100%) of the expenses and reasonable cash
needs associated with Daniel's undergraduate college education
according to the terms and conditions set forth in this paragraph.
In no event shall ~usband's obligation hereunder exceed Daniel's
reasonable cash needs and the then total cost of room, board,
tuition, books and school fees charged at The Pennsylvania State
University, main campus, regardless of what college or university
Daniel attends. In addition, Husband shall have no obligation
pursuant to this paragraph if and in the event that Daniel is
estranged from him, through no fault of Husband. Daniel shall be
3O
(al
(b)
remaining balance;
expected to contribute to his education through appropriate
employment and/or work study, and he shall be required to apply for
all scholarships and grants for which he may be eligible. However,
Husband agrees that he will be reasonable in interpreting Daniel's
responsibility hereunder in consideration of other non-paying
enrichment opportunities that may be available to Daniel during the
summer.
Husband also agrees that he will contribute up to one-
third of the cost of tuition, room, board, other costs and school
fees associated with Daniel's postgraduate studies reduced by any
scholarships, grants or work study funds received by Daniel and for
which Daniel shall be required to apply. Notwithstanding the
foregoing, however, in no event shall Husband be required to
contribute any amount in excess of Wife's contribution to Daniel's
graduate school costs.
10. COUNSEL FEES. Husband agrees that he shall pay
fifty percent (50%) of all of Wife's counsel fees to the firm of
Purcell, Krug and Haller incurred through the date of execution of
this Agreement. The amount of Husband's obligation hereunder
is agreed to be $8,500.00. Husband's obligation pursuant to this
paragraph may be paid in installments as follows:
June 15, 1996 - one-third (1/3);
October 15, 1996 - one-half (1/2) of the
(c) June 15, 1997 - balance of Husband's obligation.
In addition, the sums paid by Husband pursuant to this paragraph
shall be deemed to be additional alimony to Wife and, as such,
31
shall terminate upon the death of either party and shall be
deductible by Husband and includable in Wife's income for tax
purposes.
otherwise
11. WAIVER OF BENEFICIARY DESIGNATIONS. Unless
specifically set forth in this Agreement, each party
hereto specifically waives any and all beneficiary rights in and to
any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and
compensation
retirement plans of any sort or nature, deferred
plans, life insurance policies, annuities, stock accounts, bank
accounts, final paychecks or any other post-death distribution
scheme, and each party expressly states that it is his and her
intention to revoke by the terms of this Agreement any beneficiary
designations naming the other which are in effect as of the date of
execution of this Agreement. If and in the event the other party
continues to be named as a beneficiary and no alternate beneficiary
is otherwise designated,
estate of the deceased
however, in the event
the beneficiary shall be deemed to be the
party. Notwithstanding the foregoing,
that either party hereto specifically
designates the other party as a beneficiary of any asset after the
date of execution of this Agreement, then this waiver provision
shall not bar that party from qualifying as such beneficiary.
12.'. WAIVER OF INHERITANCE RIGHTS. Unless otherwise
specifically provided in this Agreement, effective upon the
execution date, Husband and Wife each waives all rights of
32
inheritance in the estate of the other, any right to elect to take
against the Will or any trust of the other or in which the other
has an interest, and each of the parties waives any additional
rights which said party has or may have by reason of their
marriage, except the rights saved or created by the terms of this
Agreement. This waiver shall be construed generally and shall
include, but not be limited to, a waiver of all rights provided
under the laws of Pennsylvania, or any other jurisdiction, and
shall include all rights under the Pennsylvania Divorce Code.
13. RELEASE OF CLAIMS.
(a) Husband and Wife acknowledge and agree that the
property dispositions provided for herein constitute an equitable
distribution of their assets and liabilities pursuant to ~3502 of
the Divorce Code and Husband and Wife hereby waive any right to
division of their property except as provided for in this
Agreement. Furthermore, except as otherwise provided for in this
Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title or
interest whatsoever he or she may have in or to property
transferred to the other party pursuant to this Agreement or
identified in this Agreement as belonging to the other party, and
each party agrees never to assert any claim to said property or
proceeds in the future. ~owever, neither party is released or
discharged from any obligation under this Agreement or any
instrument or document executed pursuant to this Agreement.
~usband and Wife shall hereafter own and enjoy indepen4ently of any
33
claim or right of the other, all items of personal property,
tangible or intangible, acquired by him or her from the date of
execution of this Agreement with full power in him or her to
dispose of the same fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally
releases and forever discharges the other and the estate of the
other for all purposes from any and all rights and obligations
which either party may have or at any time hereafter has for past,
present or future support or maintenance, alimony pendente lite,
alimony, equitable distribution, counsel fees, costs, expenses and
any other right or obligation, economic or otherwise, whether
arising out of the marital relationship or otherwise, including all
rights and benefits under the Pennsylvania Divorce Code of 1980,
its supplements and amendments, as well as any other law of any
other jurisdiction, except and only except all rights and
obligations arising under this Agreement or for the breach of any
of its provisions.
(c) Except as provided in this Agreement, each party
hereby absolutely and unconditionally releases and forever
discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all
rights, claim, demands or obligations arising out of or by virtue
of the marital relationship of the parties whether now existing or
hereafter arising. The above release shall be effective regardless
of whether such claims arise out of any former or future acts,
contracts, engagements or liabilities of the other or by way of
34
dower, curtesy,, widow's or widower's rights, family exemption or
similar allowance, or under the intestate laws or the right to take
against the spouse's will, or the right to treat a lifetime
conveyance by the other as testamentary or all other rights of a
surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any state,
commonwealth or territory of the United States, or any other
country.
(d) Except for the obligations of the parties
contained in this Agreement and such rights as are expressly
reserved therein, each party gives to the other by the execution of
this Agreement an absolute and unconditional release and discharge
from all causes of action, claims, rights or demands whatsoever in
law or in equity, which either party ever had or now has against
the other.
14. PRESERVATION OF RECORDS.
preserve for a period of four (4) years
decree is entered all financial records
Each party will keep and
from the date a divorce
relating to the marital
estate, and each party will allow the other party access to those
records in the event of tax audit.
15. MODIFICATION. No modification, rescission, or
amendment to this Agreement shall be effective unless in writing
signed by each of the parties hereto.
16.~ SEVERABILITY. If any provision of this Agreement
is held by a court of competent jurisdiction to be void, invalid
or unenforceable, the remaining provisions hereof shall
35
nevertheless survive and continue in full force and effect
without being impaired or invalidated in any way.
17. BREACH. If either party hereto breaches any
provision hereof, the other party shall have the right, at his or
her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The
non-breaching party shall be entitled to recover from the
breaching party all costs, expenses and legal fees reasonably
incurred in the enforcement of the rights of the non-breaching
party.
18. WAIVER OF BREACH. The waiver by one party of any
breach of this Agreement by the other party will not be deemed a
waiver of any other breach or any provision of this Agreement.
19. NOTICE. Any notice to be given under this Agreement
by either party to the other shall be in writing and may be
effected by registered or certified mail, return receipt requested.
will be sufficient if made or addressed to the
Notice to Wife
following:
Elizabeth G. Kutz
1146 Dry Powder Circle
Mechanicsburg, PA 17055
and to Husband, if made or addressed to the following:
James J. Kutz
6103 Summit Pointe Drive
Harrisburg, PA 17111
Each party may change the address for notice to him or her by
giving notice of that change in accordance with the provisions of
this paragraph.
36
20. APPLICABLE LAW. Ail acts contemplated by this
Agreement shall be construed and enforced under the laws of the
Commonwealth of Pennsylvania in effect as of the date of execution
of this Agreement.
21. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement, except as otherwise expressly provided herein, shall
bind the parties hereto and their respective heirs, executors,
administrators, legal representatives, assigns, and successors in
any interest of the parties.
22. ENTIRE AGREEMENT. Each party acknowledges that he
or she has carefully read this Agreement, including all exhibits
and other documents to which it refers; that he or she has had the
opportunity to discuss its provisions with an attorney of his or
her own choice, and has executed it voluntarily; and that this
instrument expresses the entire agreement between the parties
concerning the subjects it purports to cover. This Agreement
should be interpreted fairly and simply, and not strictly for or
against either of the parties.
23. PRIOR AGREEMENTS. The parties specifically agree
that this Agreement shall supersede any and all prior agreements
between the parties.
24. INCORPORATION OF EXHIBITS. All exhibits and other
instruments referred to in this Agreement are incorporated into
this Agreement as completely as if they were copied verbatim in the
body of it.
25. MUTUAL COOPERATION. Each party shall on demand
37
execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiaries of insurance
policies or other benefits or assets, tax returns, and other
documents, and shall do or cause to be done every other act or
thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party
unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorney's fees, costs, and
other expenses reasonably incurred as a result of such failure.
26. DATE OF EXECUTION. The "date of execution" or
"execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they each have executed
the Agreement on the same date. Othe~{ise, the "date of execution"
or "execution date" of this Agreement shall be defined as the date
of execution by the party last executing this Agreement.
27. EFFECTIVE DATE. This Agreement shall be effective
and binding upon both parties on the execution date of this
Agreement unless a different effective date is set forth for
specific provisions herein.
28.. AGREEMENT NOT TO BE MERGED. This Agreement Shall
survive any divorce decree entered with respect to the parties and
shall be incorporated into any final decree of divorce of the
parties for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to
enforce this Agreement under the Divorce Code of 1980, as amended,
and in addition, shall retain any remedies in law or in equity
38
under this Agreement as an independent contract. Such remedies in
law or equity specifically are not waived or released.
29. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT.
This Agreement shall remain in full force and effect and shall not
be abrogated even if the parties effect a reconciliation, cohabit
as husband and wife or attempt to effect a reconciliation. This
Agreement also shall remain in full force and effect in the event
of a divorce of the parties. This Agreement shall continue in full
force and effect and there shall be no modification or waiver of
any of the terms hereof unless the parties in writing execute a
statement declaring this Agreement or any term of this Agreement to
OF AGREEMENT. Any headings
paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall
not constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
31. COUNTERPARTS. This Agreement may be executed in
counterparts, each of which will be an original and which together
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals ~3~tes of their acknowledgements.
39
be null and void.
30. HEADINGS NOT PART
preceding the text of the several
EXHIBIT "A"
FURNISHINGS AND PERSONALTY TO HUSBAND
Antique Clock
10' Sailfish
Desk and chair in middle bedroom
Two (2) Handmade Bookshelves
Hobby Trains and Related Equipment
All hand and power tools given to Husband by his Father
Husband's Pre-Marital Personalty to include: books, old
stereo, old handmade record case and records and business and
personal files
Grandfather Kutz' antique pocket watch
4O
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this, the /rl
the undersigned officer,
day ~~ , 1995, before me,
personally appeared JAMES J. KUTZ, known
to me, (or satisfactorily proven) to be the person whose name is
subscribed to the foregoing MARITAL SETTLEMENT AGREEMENT and
acknowledged that he executed the same for the purposes and
considerations therein expressed.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL ~ 'F..AL
DE~RA M SHi~~,?. Notar~ Public
Harrl:~'~:rg.. gau;hln CountY, PA
My Cn~,,ml~lan Expires ,",uqu"~ 23. lg~7
41
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this, the /.~day of ~,~? , 1995, before me,
the undersigned officer, personally appeared ELIZABETH G. KUTZ,
known to me, (or satisfactorily proven) to be the person whose name
is subscribed to the foregoing MARITAL SETTLEMENT AGREEMENT and
acknowledged that she executed the same for the purposes and
considerations therein expressed.
IN WITNESS WREREOF, I hereunto set my hand and official seal.
Notary Public
My Commission expires:
Notarial Seal
Cheryl L. Welsh, Notary Public
Harrisburg, Dauphin County
My Commission Expires May 11, 1998
42
Sent from t~e ntemet f. De~ta'!~ ..........................................................................................
jim, suzanne and dan, ir is with regret that i have to write this. dan has
lied to me too many times ami toid me with hid rn~uth or actions to f-off` so
here ~s the story, i am sending him to mechans, as soon as i can get the
transfer work together, i wil take him two nlghls a week and will d~a him
~ose days. others days he will have to go to you new house on the bus aRer
sdnooL i have to take a computor course and work more houm. after 15 ye~s
of devoting my lifo to you clan i will not let you hurt me any more. m~
brother caus~ my mothers blood pressure to go up at the same age as i am
now. she died st60. i am not dying young f~r some hum to inherit the little
money i have worked ali or my life for, by the way i worked or took course
every year since i was 12 co that is 41yrs.!!it's now time for ma to get my
life tngethsr again, i need a new job within one year. so i must ask all of
you to help cut. dan, if you BEG SUZ AND YOUR FATHER you couid flnrlsh the
year out at tlinity, it has all been paid by rny company and will come out of
this pay check, if they drive you three da~s a week. i will take the other
two. i am quiting tutod~g because you really need to go beck to 7' and 8'
grade math any way. i am also not taldng you,dan on any more weekends unfit
you ftrlish school rid have a job with the max hours a tS year old can do.
i wit pick. dan up after church on Sunday at g:~ OR JIM BRING him to der~
street st.cath's at
suz, i will be haplY/to ia'we you referral check after i gat paid on monday
or rues, but i must ask you to send me the next sex checks ~m agreed to pay
post dated becat~,~e i had two of nine bounce and one was aprolem with my
morgage.
hope you all understand i am not 1lying to be mean but jut trying to
sure,
please do not have dan call me i have heaKI thousands of apologys just
e-mail me which days of the week you want if dan has a job and once to come
i am going hh,sc july 23~1.
also there is a big family reunion of allthe guinan's from ali over
aug28-2g
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EXHIBIT
Sunday, May O~ 2004 America Online: CRAPSUZFITZ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. KUTZ, )
Pla'tariff )
)
v. )
)
ELIZABETH G. KUTZ, )
Defendant
NO.
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVIC~
10:49R,1' pi
Page I of I
Subj: dan
Dato: 5/1/04 3:14:00 PM Easter~ Daylight Time
~Frcm: li.i~ u t z.9..~ h..p.[~ ai ~, c o m
:To:
Sent from the Interest (De___tails)
jim, suzanne and dan, ir is with regret that i have to write this. dan has
lied to n'~ too many times and told me with hid mouth or actions to f-off, so
here is the story, i am sending him to meohens, as soon as i can get the
transfer work together, i wil take him two nights a week and will drive him
those days. others days he will have to go to you new house ,~n the bus alter
school, i have to toke a =omputor course and work more hours, seer 15 years
of devoting my life to you dan i will not let you hurt me any more. my
brother caused my mothers blood pressure to go up at the same age as i am
now. she died at60. i am not dying young for some bum to inherit the little
money i have worked all or my life for. by the way i worked or took course
every year anco i was 12 so that is 41 yrs.!!it's now time for me to get my
life together again, i need a new job within one year. so i must ask all of
you to help out. dan, ifyou BEG SUZ AND YOUR FATHER you could tiniish the
year out at trinity, it has all been paid by my company and will come out of
this pay check, if they ddVe you three days a week. i will take the other
two. i am quitJng tutoring because you really need to go beck to 7' and 8'
grade math any way. i am also not taking you,dan on any more weekends until
you finish so~ool nd have a job with the max hours a 15 year old can do.
i wil pick dan up after church an sunday at 9:00 OR JIM BPJNG him to derry
street st.catfl's at 8:00
suz, i will be happy to give you referral check after i get paid on monday
or rues, but i must ask you to send me t~e next sex checks ~m agreed to pay
post dated because i had [wo of mine bounce and one was aprolom with my
morgage.
i hope you ail understand i am not t~iag to be mean but jut trying to
surive, liz
please do not have dan call me i have heard thousands of apolagys just
e-mail me which days of the week you want. if dan has a job and once to come
i am going hh.sc july 23.31.
also there is a big family reunion of all the guinan's Eom all over
aug?..8-29
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I~ EXHIBIT
Sund~y, May 02, 2004 America Oaline: C~,A~SIJ7_.,~t"I'Z
FROM PREVIOUS PAGE 881 ,'
Sunday, May 02, 200 America Online: CRAPSUZFITZ
Page ! of I
iSubj: DAN
iDate: $/1104 '10:45:47 PM Eastern Daylight Time
JIM AND SUZANNE, IF I DO NOT HEAR FROM YOU I tMLL NOT GO TO CHURCH AT ST.
CATH'S AND WILL NOT PiCK DAN UP. I HAVE CHANGED THE GARAGE DOOR COMBINATiON
AND WILL LEAVE THE I LARGE GROUP OF HIS CLOTHES AT YOUR NEW HOUSE. SO E-MAIL
ME BY 3:00 AND LET ME KNOW. NOW THAT I FOUND HIM LYING ABOUT THE 50 DOLLARS,
AND THE LIGHTER I FOUND AGAIN AND ALL THE OTHER LIES I HEAR DAILY. I DO NOT
BEILEVE HIM ABOUT THE SMALL MOSTLY EMPTY BAGGIE I FOUND IN HIS BATHROOM TOP
DRAWER WITH A CONDOM IN THE OTHER DRAWER--NOT TO MENTION THE OLD SODA
BOTTLE, GLASS, POPSISCLE STICKS WRAPPERS FROM CANDY AND OTHER
JUNK IN THE TOP DRAWER OF THE BASI~MENT. I HAVE A MEETING WITH DR. DELERMO
ON WED, AT 11;00 iF YOU DO NOT HAVE ANY APPOINTMENT AND WANT TO COME IT'S
FINE WITH ME. I THINK HAVE HAS HIM SNOWED TOO. LIZ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. KUTZ, )
Plaintiff ) NO.
)
v. )
)
ELIZABETH G. KUTZ, )
Defendant
CWIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, John C. Howett, Jr., Esquire, counsel for James J, Kutz, Plaintiffin the above-captioned
action, hereby certify that a tree and correct copy of the foregoing Petition for Special Relief
Pursuant to Pa.R.C.P. 1915.13 and for Modification of Custody Agreement was served upon
Elizabeth G. Kutz, Defendant, by certified mail, return receipt requested, and by depositing same
in the United States mail, first class, on May 3, 2004, addressed as follows:
Ms. Elizabeth G. Kutz
1143 Cross Creek Drive
Mechanicsburg, PA 17050
Date: H tt ~
c"'~/'~/(~J' ~ Jr., Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717-234-2616
Counsel for Plaintiff, James J. Kutz
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAIVlES J. KUTZ, )
Plaimiff )
)
v. )
)
ELIZABETH G. KUTZ )
Defendant )
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this~ day of ~/~ ,2004, upon consideration of the
foregoing Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 and for Modification of
Custody Agreement, the court hereby ORDERS, ADJUDGES and DECREES that Plaintiff,
James J. Kutz shall have majority physical custody of Daniel Kutz until any further order of court
or written agreement of parties.
JAMES J. KUTZ :
PLAINTIFF :
ELIZABETH G. KUTZ
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-1976 CIVIl, ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ ]Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 09, 2004 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older ma,/also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearim,.
FOR THE COURT,
By: /si
Dawn S. Sunday. Esq.
Custody Conciliator
mhc
The Court of Common Pleas of Cumberland County is require, d by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and roasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17(113
Telephone (717) 249-3166
JAMES J. KUTZ
Plaintiff
VS.
ELIZABETH G. KUTZ
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
04-1976 CIVIL ACTION LAW
IN CUSTODY
ORDER
AND NOW, this 24th day of ~, the conciliator, being adws
counsel that all custody issues have been re
by a stipulation prepared b co __ sol,ced .by agreement betwee :_ ed by plaintiff's
Y unsel, hexeby rehnqmshes jurisdiction n the parhus to be confirmed
FOR THE COURT,
· unday, Esqmre Cd ~
Custody Conciliator
~fIJNOHiO~d aFL[ aO
JAMES J. KUTZ
Plaintiff
VS.
ELIZABETH G. KUTZ
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-1976 CIVIL ACTION LAW
IN CUSTODY
Prior Judge: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows:
NAME
The pertinent information concerning the Child who is the subject of this litigation is as
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Daniel Kutz Age 15 Father
2. A conciliation conference was held on August 3, 2004, with the following individuals in
attendance: The Father, James J. Kutz, with his counsel, John C. Howett, Jr., Esquire, and the Mother,
Elizabeth G. Kutz, who was not represented by counsel.
3. After discussing various options for custody arrangements at the conference, the parties
decided to schedule further discussions between themselves in an effort to establish custody
arrangements without the need for further proceedings.
4. The conciliator was subsequently advised that the parties had reached an agreement which
would be confirmed in a stipulation to be prepared by counsel. Therefore, an Order is attached
relinquishing jurisdiction.
batettS]~-~t,a/''' 3r-)~ ,,,~Ot:gtt~'
D
awn S. Sunday, Esc~uire~
Custody Conciliator
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. KUTZ, )
Plaintiff )
)
v. )
)
ELIZABETH G. KUTZ )
Defendant )
NO. 04-1976
CIVIL ACTION - LAW
IN CUSTODY
STIPULATION FOR ENTRY OF CUSTODY ORDER
THiS STIPULATION made this 67~ 4ay o~.4~~ , 2004 bY and
·
between Plaintiff, James J. Kutz (hereinafter referred to as "Father'"), and Elizabeth G. Kutz
(hermnafter referred to as "Mother ).
WHEREAS, on May 3, 2004, this Honorable Court entered an Order of Court, pursuant
to Father's Petition for Special Relief, granting Father majority physical custody of the parties'
minor child, Daniel Kutz (hereinafter referred to as "Dan");
WHEREAS, the parties attended a custody conciliation conference on August 3, 2004 to
address the Complaint to Confirm Custody filed by Father on May 3, 2004;
WHEREAS, the parties were unable to reach agreement al: said conference but agreed to
meet together later;
WHEREAS, the parties did meet and now desire to settle the custody matters between
them without the necessity of hearing.
NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference herein and deemed as an essential part hereof and intending to be legally bound hereby,
the parties mutually stipulate as follows:
1. The May 3, 2004 Order of Court entered by this Honorable Court granting
Father majority physical custody of Dan shall be vacated in its entirety and have no further force
and effect. Furthermore, the Complaint to Confirm Custody filed by Father on May 3, 2004 shall
be considered as withdrawn.
2. The parties shall continue to share legal custody of Dan; Mother shall have
primary physical custody of Dan; and Father shall have partial physical custody of Dan as the
parties may agree.
3. The parties agree that the terms of this Stipulation shall be entered as an
Order of Court after submission to the custody conciliator.
IN WITNESS WHEREOF, the parties hereto have signed, sealed and acknowledged
this Stipulation.
W'iT SS ff (/
gI.~Z~ETH G. KUTZ ~
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF ' ~j'-~ ,~')]['h )
BEFORE ME, the undersigned authority, on this day personally appeared JAMES J.
KUTZ, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~_~day of
~ootary lat~blic in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires: '-~. ~)
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF ~ )
BEFORE ME, the undersigned authority, on this day personally appeared ELIZABETH
G. KUTZ, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
G1VENUNDERMYHANDANDSEALOFOFFICE this~dayof
_,2004.
Notarial Seal
lVlartha S, Wright Notary Publia
C.~np Hill Boro, Cumberi~nd County
My Commission Expires Apr. 23, 2007
Notary Public in and for ~
Commonwealth of Permsylvania
Typed or printed[ name of Notary:
My commission expires:
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES J. KUTZ, )
Plaintiff )
)
v. )
)
ELIZABETH G. KUTZ )
Defendant )
NO. 04-1976
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ ~, day of ~ ,2004, it is hereby
ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry
of Custody Order are incorporated herein and hereby made an Order of Court.
BY THeE/COURT, T/