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HomeMy WebLinkAbout01-1041 LAW OFFICES OF JACOBSEN & MILKES 52 EAST HIGH STREET CARLISLE, PA 17013-3085 (717) 249-6427 John R. Kutsch, Plaintiff Vo Antonia M. Galonski, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-,/~ ~// CIVIL TERM : : IN DIVORCE Defendant : NOTICE TO DEFEND AND CI,AIM RICTHT~q Yeu have been sued in court. If you wish to defend against the claims set tbrth in the fi/lloxving pages, you must take prompt action. You are win'ned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important lo 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. iF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, L~ER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY O17 THEM. The Court of Common Pleas of Cumberland County is required by law to comply with the Alnericans With Disabilities Act of 1990. For information abont accessible facilities and reasonable accommodations available to disabled individuals having business befbre the Court, please contact our office. All arrangements mnst be made at least 72 hours prior to any hearing or business before the Court. YOU SHOULD TAKE THIS PAPER TO YOUR LhlSWER AT ONCE. IF YOU I)O NOT 1-LhVE 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-a166 John R. Kutsch, Plaintiff Antonia M. Galonski, Defendant : IN THE COURT OF COMMON PLEAS · ' CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- /~¥/ CIVIL TERM ; · ' IN DIVORCE COUNT I - DIVORCE (Section 3301(c)) 1. Plaintiff is John R. Kutsch, presently residing at 45 West I Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Antonia M. Galonski, presently residing at F22 Shirley Lane, Mercer County, Lawrenceville, New Jersey, 08648. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married August 18, 1979. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party to this action in divorce is currently a member of the Armed Forces of the United States of America. 7. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage between the parties hereto is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II - DIVORCE (Section 3301(d)) 9. Plaintiff incorporates by reference the averments set forth above. 10. The parties have been separated for a period of more than two years. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted, 'BY: Sa~.u~;l~W~. Milke s JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 VERIFICATION I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. · KUTSCH LAW OFFICES OF .JACOBSEN & MILKES 52 EAST HIGH STREET CARLISLE, PA 17013-3085 (717) 249-6427 John R. Kutsch, Plaintiff Antonia M. Galonski, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 1041 CIVIL TERM IN DIVORCE CF~RTTFTCATF~ OF .~F, RVIC. F, I, Shelley Eichelberger, hereby certify that a true and correct copy of a Notice To Defend Rights and Claim Rights and a true and correct cepy of a Complaint [n Divorce Under Section 3301(c), was duly served tbr the Defendant, Antonia M. Galonski, by a registered letter deposited in the U.S. Mai] on February 22, 2001, addressed as fbllows: Antonia M. Galonski F22 Shirley Drive Lawrensville, NJ 08648 And further that this attached card deraonstrates that on February 24, 2001, the Defendant was se~ved. I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. '~ DomestJc JOHN R. KUTSCH, Plaintiff V ANTONIA M. GALONSKI, Defendant BROUJOS & GILROY, p.c. AT17ORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717-243-4574 766-1690 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 1041 CIVIL TERM : IN DIVORCE ANSWER TO COMPLAINT Defendant, Antonia M. Galonski, by her attorneys, Broujos & Gilroy, P.C., sets forth the following in response to the Complaint in Divorce filed in the above matter: Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. COUNT I - DIVORCE (Section 3301(c)) 2 4 6 7 Admitted that Defendant has been advised that marriage counseling is available. By way of further answer, Defendant requests that marriage counseling be ordered in this case as allowed by Pennsylvania law. Denied. WltEREFORE, Defendant requests your Honorable Court to dismiss the complaint in divorce. COUNT II - D1VORCE {Section 3301(d}) No responsive pleading is required. Denied. 10 WItEREFORE, Defendant requests your Honorable Court to dismiss the complaint in divorce. Respectfully submitted, 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 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 unswom falsification to authorities. DATE: ANT-ONIA M, GALON'~-- ~ - JOHN R. KUTSCH, Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNT~, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01. 1041 CIVIL TERM IN DIVORCE PRAEClPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, John R. Kutsch, in the above captioned case. · quire JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, John R. Kutsch, in the above captioned case. [NDSAY 1~le, PA SAIDIS, SHUFF, FL. OWER & LINDSA . . Attorneys for ~!alntiff ~'*% Y- P C By:~ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JOHN R. KUTSCH, Plaintiff VS. ANTONIA M. GALONSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 1041 CIVIL TERM IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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, OO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ,Car~ Esquire ~4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street JOHN R. KUTSCH, Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 1041 CIVIL TERM : IN DIVORCE AMENDED COMPLAINT IN DIVORCE JOHN R. KUTSCH, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is John R. Kutsch, who currently resides at 107 Shidey Lane, Boiling Spdngs, Cumberland County, Pennsylvania. 2. The Defendant is Antonia M. Galonski, who currently resides at F22 Shirley Lane, Memer County, Lawrenceville, New Jersey 08648. 3. The Plaintiff has been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 18, 1979. COUNT I - DIVORCE PURSUANT TO 23 Pa. C.S.A..~3301(c) and ~,3301(d) 5. The marriage is irretrievably broken. 6. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing Plaintiff from Defendant. _COUNT II - EQUITABLE DISTRIBUTION 7. The averments of Paragraph 1-6 are incorporated herein by reference as though set out in full. 8. in the course of their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff prays this Honorable Court to equitably divide said property. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JOHN R. KUTSCH, Plaintiff V ANTONIA M. GALONSKI, Defendant BROUJOS & GILROY, P.c. ATTO1LNEY$ AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717-243-4574 766-1690 :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01 - 1041 CIVIL ACTION - LAW : _. :IN DIVORCE PETITION RAISING CLAIM FOR ALIMONY, COUNSEL FEES AND EXPENSES Defendant, Antonia M. Galonski, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Defendant requests that the court award her alimony after the entry of the divorce decree. 2 Defendant requests your Honorable Court to award her counsel fees, costs and expenses in connection with the resolution of all other issues involved in this divorce action. Respectfully submitted, Hubert X. Gilroy)/Esquire Attorney for D,gl~ndant Broujos & G'~l'oy, PC. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 SAIDIS SHUFF, FLOWER & LINDSAY AT~0RI~¥S*AT*LAW 26 W. High Street Carlisle, PA JOHN R. KUTSCH, Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 1041 CIVlLTERM : : IN DIVORCE AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE The Parties to this action separated on July 1, 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements hereir~ are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. R. Kutsch Date: ~'//¥/' ~'- KATS, JAMISON, VAN DER VEEN & ASSOCIATES By: Marina Kats, Esquire Identification No. 53020 25 Bustleton Avenue Feasterviile, PA 19053 (215) 396-9001 PAULEITE HARRIS Attorney for Plaintiff : COURT OF COMMON PLEAS Plaintiff, VS. CARLISLE SPORTS EMPORIUM, INC. and JOHN DOE, EMPLOYEE and TRAVIS BEST Defendants. CUMBERLAND COUNTY NO: 01-1403 Civil PLAINTIFF, PAULETTE HARRIS' ANSWER TO DEFENDANTS, CARLISLE SPORTS EMPORIUM, INC. AND JOHN DOE'S NEW MATTED 28. Denied. Paragraph 28 is a conclusion of law to which no responsive pleading is required. To the extem a pleading is required, the averment that "plaintiff's complaint fails to state a cause of action or causes of action against answering defendant upon which relief may be granted" is specifically denied. On the contrary, plaimiff's Complaint states a valid cause of action of negligence against answering defendants for which relief may be granted. 29. Denied. Paragraph 29 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, the averment that "plaintiff was comparatively negligent so as to totally bar her recovery in this case..." is specifically denied. On the contrary, the injuries and damages sustained by plaintiff were caused solely by the negligence, carelessness and recklessness of answering defendants, and were due in no manner whatsoever to any act or failure to act on the part of plaintiff. 30. Denied. Paragraph 30 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, the averment that "plaintiff assumed the risk of injury under the circumstances ...."is specifically denied. On the contrary, plaintiff assumed no known risk and the injuries and damages sustained by plaintiff were caused solely by the negligence, carelessness and recklessness of answering defendants. 31. Denied. Paragraph 31 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, the averment that plaintiff's claims are barred by the statute of limitations and/or the doctrine of laches is specifically denied. On the contrary, plaintiff's claims arise out of an accident that occurred on or about March 13, 1999 and this action was commenced by Complaint filed on March 12, 2001. Clearly, plaintiff commenced this action with the Court within the applicable two-year statute of limitations and without delay. 32. Denied. Paragraph 32 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, the averment that the injuries sustained by plaintiff were not caused by any conduct on the part of answering defendants is specifically denied. On the contrary, the injuries sustained by plaintiff were caused solely by the negligence, carelessness and recklessness of answering defendants, and were due in no manner whatsoever to any act or failure to act on the part of plaintiff. 33. Denied. Paragraph 33 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, the averment that "the incident complained of was caused solely by the negligence and/or otherwise liability producing conduct of the plaintiff or other persons or entities over whom or which answering defendant neither exercised control nor had any duty to control under the circumstances .... "is specifically denied. On the contrary, the injuries and damages sustained by plaintiff were caused solely by the negligence, carelessness and recklessness of answering defendants, and were due in no manner whatsoever to any act or failure to act on the part of plaintiff. 34. Denied. Paragraph 34 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, the averment that "plaintiff's injuries were caused in whole or in part by persons or entities over whom answering defendant had no control or right to control .... "is specifically denied. On the contrary, the injuries and damages sustained by plaintiff were caused solely by the negligence, carelessness and recklessness of answering defendants, and were due in no manner whatsoever to any act or failure to act by plaintiff. 35. Denied. Paragraph 35 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, the averment that "the incident and damages alleged in plaintiff's Complaint were the result of the sole negligence and/or intentional conduct of plaintiff .... "is specifically denied. On the contrary, the injuries and damages sustained by plaintiff were caused solely by the negligence, carelessness and recklessness of answering defendants, and were due in no manner whatsoever to any act or failure to act by plaintiff. 36. Denied. Paragraph 36 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, the averment that defendants' negligence was not the proximate cause of plaintiff's injuries and damages is specifically denied. On the contrary, the injuries and damages sustained by plaintiffwere caused solely and proximately by the negligence, carelessness and recklessness of answering defendants, and were due in no manner xvhatsoever to any act or failure to act by plaintiff. 37. Denied. Paragraph 37 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, after reasonable investigation, plaintiffs are without knowledge or information sufficient to form a belief as to the truth or the falsity of the averments contained in Paragraph 37 of defendants' New Matter and such averments are deemed at issue. Strict proof of said averment is demanded at the trial of this case. 38. Denied. Paragraph 38 is a conclusion of law to which no responsive pleading is required. To the extent a pleading is required, after reasonable investigation, plaintiffs are without knowledge or information sufficient to form a belief as to the truth or the falsity of the averments contained in Paragraph 38 of defendants' New Matter and such averments are deemed at issue. Strict proof of said averment is demanded at the trial of this case. WHEREFORE, plaintiff, Paulette Harris, demands judgment against defendants in an amount not in excess of $50,000.00, plus interest, costs and attorney's fees and such relief as this Court deems appropriate. 39-41. The averments in paragraphs 39-41 are not directed to answering plaintiff and therefore, no responsive pleading is required. WHEREFORE, plaintiff, Paulette Harris, demands judgment against defendants in an amount not in excess of $50,000.00, plus interest, costs and attorney's fees and such relief as this Court deems appropriate. , ,~ATS, JAMISON, van der ~~~ VEEN & ASSOCIATES arina Kats, Esquire Attorney for Plaintiff VERIFICATION I, Marina Kats, Esquire, hereby states that I am the attorney for plaintiffs in this action, and verify that the statements made in the foregoing Answer to defendants' New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. KATS, JAMISON, van der VEEN & ASSOCIATES ~ , squirearn~'na~Kat ~/ M t~'E Attorney for plaintiff Dated: August 22, 2002 KATS, JAMISON, VAN DER VEEN & ASSOCIATES By: Marina Kats, Esquire Identification No. 53020 25 Bustleton Avenue Feasterville, PA 19053 (215) 3%-9001 PAULETTE HARRIS Attorney for Plaintiff Plaintiff, VS. CARLISLE SPORTS EMPORIUM, INC. and JOHN DOE, EMPLOYEE and TRAVIS BEST Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-1403 Civil CERTIFICATE OF SERVICE I, the undersigned attorney for plaintiff, hereby certify that plaintiff's Answer to defendants' New Matter was served via first-class mail upon the following: John T. Asher, III, Esquire SPECTOR, GADON & ROSEN, P.C. Seven Penn Center Plaza 1635 Market Street, 7th Floor Philadelphia, PA 19103 KATS, JAMISONr,v~ [fVlarlina~aatats, Esquir~ Attorney for plaintiff der VEEN & ASSOCIATES Dated: August 22, 2002 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSoAT*LAW 26 W. High Street Carlisle, PA JOHN R. KuTSCH, Plaintiff VS. ANTONIA M. GALONSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 1041 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S330'1(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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. SAIDIS SHUFF, FLOWER & LINDSAY ATIDRI~*AT*LAW 26 W. High Street Carlisle, PA JOHN R. KUTSCH, Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION. LAW : NO. 01 - 1041 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 330!(c) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Proof of service filed March 1, 2001. 3. (Complete either paragraph (a) or (b)). '~3n"/~ Cf +~'" D:.v, Cg~ ~"cd~' ~',, +~-^ o~c~-*~ ~,,, ........... on (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: ~ (2) Date of service of the Plaintiff's affidavit upon the Defendant: = 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary:n/a Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the . o hono,a : Carol J. Lin~,t^ttorne? for ~aintiff JOHN R. KUTSCH, : Plaintiff : : VS. : : ANTONIA M. GALONSKI, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 1041 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, August 27, 2002. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, John R. Kutsch, and his counsel Carol J. Lindsay, and the Defendant, Antonia M. Galonski, and her counsel Hubert X. Gilroy. This action was commenced by the filing of a divorce complaint on February 22, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On November 27, 2001, the Plaintiff filed an amended complaint raising the claim of equitable distribution; wife filed a petition on December 3, 2001, raising the additional claims of alimony and counsel fees and expenses. The Master has been advised after negotiations today that the parties have reached an agreement with respect to the claim of equitable distribution and a temporary agreement with respect to the claim of alimony. The agreement is going to be placed on the record in the presence of the parties. The parties will be bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. Counsel can return later today with the parties to review the agreement and make any correction of typographical errors with the understanding that no substantive changes can be made to the agreement as stated on the record. The Master will prepare an order vacating his appointment but understands that in accordance with the terms of the agreement the Master will retain jurisdiction over the claim of alimony and that subsequently in accordance with the agreement, the Master, on petition of either party, may be reappointed by the Court to consider the alimony issue which may be presented at a future time. The parties were married on August 18, 1979, and separated on March 1, 1999, for purposes of equitable distribution and on July 4, 2000, for purposes of obtaining the divorce decree. The parties have stipulated to the use of these two dates inasmuch as they have utilized the dates to effect a different arrangement with regard to the equitable distribution and the date wherein the beginning of the separation for purposes of obtaining the divorce is relevant. The divorce is going to be obtained under Section 3301(d). The affidavit under that section was filed by husband on August 26, 2002, averring the separation as of July 1, 2000. Mr. Gilroy has indicated that he will on the record waive notice of intention to request entry of decree so that counsel for husband can immediately pursue obtaining a decree without the twenty day waiting period following the notice of intention to request decree. There were no children born of this marriage. As indicated, the Master will retain jurisdiction, if necessary, to review any subsequent alimony issues and such a notation will be made in the divorce decree in the appropriate section dealing with the retention of jurisdiction by the Court. Ms. Lindsay. MS. LINDSAY: (Whereupon, Joint Exhibit Nos. 1 and 2 were marked for identification and admitted into the record.) 1. The parties will divide their property in a manner set out on Joint Exhibit No. 1. According to the terms of which, the house will be dealt with separately as set out herein and wife will retain the 1993 Volvo, the joint First Union account, the Vanguard Treasury account, Fidelity IRA Asset Manager, and her Invesco IRA. Husband will retain the Commerce Bank account, the monies which he withdrew from the Vanguard money market account along with the interest as computed and agreed to by the parties on Joint Exhibit No. 1, his Fidelity IRA account, his Van Leer 401(k) account, and the Invesco IRA. 2. In order to equalize distribution, husband will pay to wife $67,621.00. That amount will be paid by rolling over to her his Invesco IRA in the approximate amount of $38,000.00 with a cash payment within ten (10) days thereafter of $29,621.00 or the difference between the $67,621.00 and the Invesco accounts actual roll over amount. The parties will cooperate in rolling over the Invesco account from husband's Invesco IRA to wife's Invesco IRA within thirty (30) days. Husband will pay to wife an advance of the ultimate cash payment which he owes her of $10,000.00 within five (5) days of today, the balance in cash being paid once the parties can determine what the actual roll over amount is. 3. In addition, husband has a Van Leer pension which has a monthly benefit, we believe, of approximately $615.39 when husband can draw on that benefit. Husband will prepare a QDRO transferring to wife 50% of husband's Van Leer pension. 4. With regard to the parties' marital real estate at F-22 Shirley Lane, Lawrenceville, New Jersey, the parties have agreed to list the property for sale at $172,900.00 and they have agreed to the terms set out on Joint Exhibit No. 2 which is being introduced at this time. Essentially, the parties agree that the property will be marketed, that they will agree to reasonable reductions in price as suggested by their realtor and will accept any offer within 5% of the asking price. They will pay the cost of sale and the mortgage and will reimburse husband for his payment of the mortgage payments, the condominium fees or the community fees, utilities, real estate taxes, and any fix up costs not to exceed $2,000.00. After those reimbursements are made, the proceeds will be equally divided. If wife pays any expenses on the house, she will be reimbursed for those also. 5. The parties waive any claim that they may have for counsel fees and costs. 6. The parties have agreed to a temporary alimony provision based on the assumption that wife has an earning capacity of $35,000.00 per year and husband has an earning capacity of $70,000.00 per year. Based on that assumption, husband will pay to wife alimony in the amount of $250.00 per month pending a hearing to be set six (6) months henceforth. In the event that the hearing, for some reason, is postponed past six (6) months, the Master is permitted to make any alimony ordered into the future retroactive to the original hearing date. 7. Alimony will be paid commencing the same month in which there is the entry of a decree in divorce. Husband will pay alimony within five (5) days of the date of the entry of decree in divorce and on the same day of each month and every subsequent month. 8. The parties are encouraged to find employment within the next six (6) months in order to develop some basis for the finding of an earning capacity although the employment they find is not the only basis for an earning capacity which may be developed at the alimony hearing. The Master is not bound by the stipulation today with respect to the assessed earning capacities which are only temporary and for the purpose of allowing the parties to continue to seek employment. All evidence relating to earning capacity and earnings will be open to review by the Master at the hearing to be scheduled six (6) months from today's date. 9. Plaintiff will proceed to obtain a decree in divorce. The decree in divorce will articulate that the issue of alimony is reserved for determination by the Master. 10. The Master will seek from the Court the vacation of his appointment on the understanding that he may be reappointed on the motion by either party to make the determination of the alimony claim anticipated in six (6) months. 11. At the wife's reasonable request, husband will cooperate in any life insurance application wife seeks to insure husband's life for purpose of securing alimony or otherwise, with the understanding that said insurance will not in any way negatively impact husband's ability to get other insurance. Wife may claim an insurance cost as a reasonable expense and the Master is free to accept the reasonableness of her expense or not. 12. Wife's counsel agrees to execute a waiver of the twenty (20) day notice upon preparation by husband's counsel and presentation to attorney Gilroy so that the decree in divorce may be entered as soon as possible. 13. 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY: John, have you heard the agreement as I dictated it today, have heard it and understood it? about it? MR. KUTSCH: MS. LINDSAY: MR. KUTSCH: MS. LINDSAY: Yes. Do you agree to it? Yes. Do you have any questions MR. KUTSCH: No. MR. GILROY: Toni, have you heard the agreement that attorney Lindsay and I have put on the record as we have just dictated it? MS. GALONSKI: Yes. MR. GILROY: Are you in agreement with the terms? MS. GALONSKI: MR. GILROY: THE MASTER: Will I get to read it? Do you want to read it? You can read it and make correction of tyPographical errors but no substantive changes. MR. GILROY: You cannot say, no, I want this asset instead of that asset or you cannot say, n°, I am changing my mind on the alimony agreement. We have agreed upon the substantive issues and you will get a chance to read it later on. But knowing that you cannot change any s~bstantive decisions, are you in agreement to resolve the case as we have outlined it? MS. GALONSKI: I have two questions. THE MASTER: Off the record. (A discussion was held off the record.) MR. GILROY: The date of separation of the parties is July 4, 2000, for purposes of the affidavit filed by the Plaintiff under Section 3301(d) and the parties have continued to live separate and apart for a period of at least two years since that time. Toni, with the modification of the date of separation from July 1, 2000 to July 4, 2000, are you now satisfied and do you understand what we have placed on the record as part of an agreement? MS. GALONSKI: Yes. MR. GILROY: And you are satisfied to proceed with that? MS. GALONSI: Yes. (A discussion was held off the record.) THE MASTER: A hearing is scheduled on the alimony issue, if necessary, for Tuesday, February 25, 2003, at 9:00 a.m. Notices will be sent to counsel and the parties. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Carol ~ ~ndsay Attorn~/for Plaintiff DATE: / / R. Kutsch onla M Galon~kl JOHN R. KUTSCH, Plaintiff VERSUS AiNTONIA M. GALONSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. 01-1041 CIVIL IN DIVORCE DECREE iN DIVORCE , It IS ORDERED AND DECREED THAT JOHN R. KUTSCH ANTONIA M. GALONSKI AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Master's Stipulation dated August 27, 2002 are incorporated but not merged into this Decree in Divorce. PROTHONOTARY JOHN R. KUTSCH, Plaintiff ¥S. ANTONIA M. GALONSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1041 CIVILTERM IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, John R, Kutsch, in the above captioned case, Samuel W. Milkes, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, John R. Kutsch, in the above captioned case. SAIDIS SIFt/fi, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSA¥, P.C. Attorneys for Plaintiff ~ ~ /.~ar~'J; Lin~ay, Esquire ID'~ 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JOHN R. KUTSCH, Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01-104t ClVlLTERM : : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or reEef requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ~9L~n?say, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 JOHN R. KUTSCH, Plaintiff VS. ANTONIA M. GALONSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01-104'1 ClVlLTERM : : IN DIVORCE AMENDED COMPLAINT IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JOHN R. KUTSCH, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is John R. Kutsch, who currently resides at 107 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is Antonia M. Galonski, who currently resides at F22 Shirley Lane, Mercer County, Lawrenceville, New Jersey 08648. 3. The Plaintiff has been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 18, 1979. COUNT I - DIVORCE PURSUANT TO 23 Pa. C.S.A. §3301(c) and §330'1(d) 5. The marriage is irretrievably broken. 6. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing Plaintiff from Defendant. COUNT II o EQUITABLE DISTRIBUTION 7. The averments of Paragraph 1-6 are incorporated herein by reference as though set out in full. 8. In the course of their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff prays this Honorable Court to equitably divide said property. Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Carol .~ir~say, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. John'~' "-/"?'/' / SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $1reet Carlisle, PA