HomeMy WebLinkAbout09-8181(yf
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
ROBERT OTT,
Plaintiff
V.
JODY KUTZ,
f/k/a JODY OTT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO: : CIVIL ACTION - LAW
Defendants
NOTICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
this YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
CORD
TRITE ZI
In Testimony sst my hand
and the seal e, Pa.
forth in the following pages, you must take action within twenty (20) days after this Complaint
and notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
ROBERT OTT,
Plaintiff
V.
JODY KUTZ,
f/k/a JODY OTT
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO:
CIVIL ACTION - LAW
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demands y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion
reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
2
I
COMPLAINT
1. Plaintiff, Robert Ott, is an adult individual residing at 300 11th Street, New
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
ROBERT OTT,
Plaintiff
V.
JODY KUTZ,
f/k/a JODY OTT
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: Cry; t
CIVIL ACTION - LAW
Cumberland, Pennsylvania 17070.
2. Defendant, Jody Kutz, f/k/a Jody Ott, is an adult individual residing at 421 South
Your Road, Dillsburg, PA 17109.
3. The parties executed a Property Settlement Agreement on May 29, 2009 in
contemplation of dividing their marital property, assets and debts. The Property Settlement
Agreement is attached hereto and incorporated by reference herein as "Exhibit A."
4. The parties were separated in May of 2006, at which time Plaintiff vacated the
marital residence, and divorced on June 17, 2008.
5. The parties owned property located at 4045 Cherokee Avenue, Camp Hill, PA
17011, which was acquired during the marriage.
6. The parties took out a home equity line of credit on the martial property. This
home equity loan had a limit of $50,000.00 and, at the time Plaintiff and Defendant separated,
3
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
the balance on the loan was $38,527.14. The May 2006 Home Equity Loan Statement is
attached hereto and incorporated by reference herein as "Exhibit B."
7. The parties sold the marital residence, with settlement being held on August 31,
2009.
8. Prior to settlement, Plaintiff became aware that Defendant took out additional
money on the home equity line of credit without Plaintiff s knowledge or consent.
7. On February 21, 2007, Defendant withdrew $5,000.00, on November 1, 2007,
Defendant withdrew $8,000.00, and on July 16, 2008, Defendant withdrew $2,283.55. The
Home Equity Advance Vouchers are attached hereto and incorporated by reference herein as
"Exhibit C."
8. Defendant withdrew a total of $15,283.55 from the home equity line of credit
after Plaintiff vacated the marital residence and without Plaintiff's knowledge or consent.
9. Further, Defendant signed the Property Settlement Agreement on May 29, 2008,
after two of the withdrawals had been made. Paragraph 8 of the Property Settlement Agreement
states that "...the parties hereto mutually represent to the other that neither of them has incurred
any debts in the name of the other not previously disclosed or provided for in this agreement.
Each of the parties hereby represents to the other that neither one of them have incurred or
contracted for debts in the name of the other or for which the other is or would be legally liable
from and after the date of the parties' separation." See page six of "Exhibit A."
10. Paragraph 8 of the Property Settlement Agreement further states that "both parties
hereto represent and warrant to the other party that they have not so contracted any debts
4
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
unbeknownst to the other up to the time and date of this Agreement." See page six of "Exhibit
A."
11. Defendant obviously incurred debt that Plaintiff would be liable for, and knew she
had done so, at the time of the signing of the Property Settlement Agreement.
12. Plaintiff only became aware of the additional money taken from the home equity
loan when he reviewed the HUD-1 prior to settlement on the marital property.
13. The only debt the Property Settlement Agreement contemplated in Paragraph 8
was the Cornerstone Federal Credit Union Visa, which the parties were to each pay half of, and
which Plaintiff paid from his own personal money.
14. Defendant paid her half of the above-stated bill by withdrawing the money from
the home equity loan and failing to inform Plaintiff she did so. Further, she never informed
Plaintiff that he was to be credited $2,283.55 during settlement which would have left Plaintiff
paying seventy-five (75%) of the credit card debt and Defendant paying only twenty-five (25%).
15. Currently, $31,000.00 from the proceeds of the home is being held by Plaintiff's
attorney in escrow, based upon an agreement between Plaintiff's and Defendant's attorney.
16. Paragraph 11, titled Breach, states that the parties may "enforce this agreement by
an appropriate action in law or in equity..." See page 8 of "Exhibit A."
17. Paragraph 11 further states that "if the other party is found to have breached or
violated any of the terms and provisions of this agreement, the party having so violated or
breached the agreement, shall be responsible for and shall promptly pay upon demand the
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
reasonable attorney's fees incurred by the other party to enforce their rights hereunder." See
page 8 of "Exhibit A."
COUNT 1- BREACH OF CONTRACT
18. Paragraphs 1 through 17 are incorporated herein by reference as though set forth
in full.
19. On May 29, 2008, Plaintiff and Defendant entered into a Property Settlement
Agreement which divided up the parties' assets and debts.
20. At the time of signing the Agreement, Plaintiff and Defendant were to inform one
another of any debts they occurred in the other's name from the date of separation up to and until
the signing of the Agreement.
21. Plaintiff did not incur any debt in Defendant's name during the above stated time
period.
22. Defendant, on the other hand, incurred debt in Plaintiff's name without his
knowledge or consent by withdrawing money from the home equity loan in a total amount of
$15, 283.55.
23. During the sale of the marital residence, which occurred on August 31, 2009,
Defendant attempted to have half of the above amount, a total of $7,641.77, taken out of
Plaintiffs share of the proceeds of the sale.
6
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
24. Defendant breached her contract with Plaintiff in that she failed to inform Plaintiff
of the debts she incurred in his name after the date of separation and further attempted to have
Plaintiff incur half of that debt.
25. Further, Defendant has not been able to prove that any of these debts incurred
would have been to pay valid marital debts, even though she has had ample time to do so and has
stated that she would do so.
26. Plaintiff has been forced to incur attorney's fees in attempting to resolve this
matter with Defendant and shall be incurring more attorneys' fees as this matter moves forward.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$23,141.77 together with costs, interest, attorney's fees and such other relief as this Honorable
Court may deem appropriate under law.
COUNT II - UNJUST ENRICHMENT
27. Paragraphs 1 through 26 are incorporated herein by reference as though
set forth in full.
28. Defendant did not inform Plaintiff of any additional debts incurred in Plaintiff's
name, although she signed the Property Settlement Agreement which stated that she disclosed all
debts.
29. Defendant attempted to make Plaintiff liable for half of the debt she incurred in
his name, which was incurred without his knowledge or consent and after the date of separation.
7
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
30. Defendant wrongfully incurred debt in Plaintiff's name and Defendant obtained a
benefit in that Plaintiff is paying half of Defendant's debt.
31. It would be unconscionable for Plaintiff to be forced to pay for half of a debt he
was not informed of nor consented to and has not been used to pay any valid marital debts.
32. Defendant will be unjustly enriched at the expense of Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendants in the amount of
$23,141.77together with costs, interest, attorney's fees and such other relief as this Honorable
Court may deem appropriate under law.
COUNT III - FRADULENT MISREPRESENTATION
31. Paragraphs 1 through 32 are incorporated herein by reference as though set forth
in full.
32. Defendant represented to Plaintiff that no other debts were incurred in his name
which he would be legally liable for.
33. This representation was material to Plaintiff's decision to sign the Property
Settlement Agreement on May 29, 2008.
34. Defendant's representation to Plaintiff was fraudulent in that it was intended to
induce Plaintiff to sign the Property Settlement Agreement and bear half of the debt Defendant
incurred without Plaintiff's consent or knowledge and:
a) Defendant knew or believed that these assertions were not in accord with
the facts; and/or
8
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
b) Defendant did not have the confidence that they stated or implied in the
truth of their assertions; and/or
c) Defendant knew that they did not have the basis that they stated or implied
in the assertions.
35. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
36. Plaintiff justifiably relied on the misrepresentations of Defendant.
37. At the time of the signing of the Property Settlement Agreement, Defendant knew
or should have known that she was misrepresenting facts to Plaintiff as explained more fully
above.
38. As a result of the misrepresentation of Defendant, Plaintiff has suffered damages
as more fully stated above.
39. Defendant's actions as stated above are outrageous, malicious, wanton, reckless,
willful and oppressive in nature.
WHEREFORE, because of Defendant's fraudulent misrepresentations as stated above,
Plaintiff demands judgment against Defendants as follows:
a. the amount of $23,141.77;
b. together with costs and interest;
C. attorney fees;
d. punitive damages; and
e. such other relief as this Court may deem appropriate and just under the
law.
9
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
Respectfully submitted,
Date: / / /'? ) q /(0 !??
Suprer e Ct. IDS 202325
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorneys for Plaintiff
10
EXHIBIT
A
F ?T uF-.L L.ANDES
? fr 7 z a=
. ... ... S?f1?\£]°???1tT•'i.AW.,, .. ??3•r ". Lg ffi'? n ?t , .? ??^ ? .. _z n", , s as,
rrl a s, r?fi ? ` r ?y
Wpi t'k rr
iTIF.IED COPY
;x
F C ? ? k + Y
PROPERTY- SETTLEMENT AGREEMENT
,v.
THIS AGREEMENT. made this .g-, day of
2008, is by and between:
ROBERT E. OTT who resides at 300 11' Street in New Cumberland, PA 17070,
hereinafter referred to as "Husband"; and
JODY E. OTT who resides at 4045 Cherokee Avenue, Camp Hill, PA 17011, hereinafter
referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 15
November 1986 and are the parents of two children: Shawna Ott, born 5 May 1987 and now a
swdenr at -Messiah College, and Tara Ott, born 23 July 1990 and now a high school student
. 1 rehmTed w w "' ."')_ and
SERE- _es lane arisen bet«-een the parties hereto which have made
desirous of living separate and apart from one another and Wife has initiated an action in
divorce filed to No. 07-2852 before the Court of Corn non Pleas of Cumberland County,
Pennsylvania;
WHEREAS, each of the parties has had full and ample opportunity to consult with an
attorney or attorneys of their choice to obtain full information about their rights, obligations, and
rernedies in any divorce action between them and to have all of the legal ramifications and
consequences of this agreement fully explained to them, and each of the parties acknowledge that
they have either met with such an attorney for that purpose or that they knowingly waive the right
to meet with such an attorney; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division of
their assets, the provision for their children and for their rights and responsibilities in and toward
such children, the provision for the liabilities they owe, and provision for the resolution of their
mutual differences, after both parties have had full and ample opportunity to consult with their
respective attorneys, and the parties now wish to have that agreement reduced to writing.
a?
. + '- . - - o _ she abo? e recitals, the
:,es ser forth hereinafter, and for other good and valuable
considerations, and intending to be legally bound and to legally bind their heirs, successors,
assigns, and personal representatives, do hereby covenant, promise, and agree as follows:
1. CUSTODY. Wife shall continue to have primary legal and physical custody of the
parties' daughter, Tara. Father shall have such periods of temporary custody or visitation as the
parties may agree and both parties will cooperate to keep each other informed of all important
matters involving the child, her education, her healthcare, and the like.
2. SUPPORT OF CHILDREN. Husband shall pay Wife the sum of Nine Hundred
($900.00) Dollars per month for the financial support of the parties' minor child, Tara. The
parties agree that such payment is fair and reasonable under the present financial circumstances of
d pw6m awd if Wife commences an action against Husband for child support, the parties
ha,.-- a child support order
shard to pad00.00 per month for Tara's support. If Wife does not
continence such an action to obtain such an order, Husband shall make the payments directly to
Wife on or before the 10' day of each month, commencing immediately after the execution of this
agreement and continuing until such time as Tara completes her high school education, or turns
18, whichever occurs later.
Further, the parties agree that they will share equally ll reasonable living expenses of
either of their daughters during the time that the daughters are living at Wife's residence while
v
they attend college or other educational institution following high school. Such expenses shall
include, but not be limited to, the costs to feed, house, clothe, and otherwise generally s»nnnrt-the
children. The parties shall cooperate with each other to arrange for the payment of those expenses
----------------- -
or for one party to reimburse the other for the expenses paid by them for their children pursuant to
this paragraph.
Wife will continue to provide health insurance for the children through her employment, as
long as that insurance is available and the children are eligible to receive it. Husband shall pay
and reimburse Wife one-half of all premiums charged for such insurance coverage and the parties
3
r 1
-. , L h iTurance, The medical
- c ntai, e? e care, orthodontic, medication,
ps .-z o,io-i ai counseling. and fhe like and shall specifically include all c 4y charges and
expenses. In the event that insurance is no longer available to Wife through her employment, or
j? not available at a reasonable cost, the parties will obtain other insurance for the benefit of their
children and will share equally in all the costs of such insurance.
,-? S
The parties acknowledge that, during the marriage, they acquired several Series EE U.S. CA
Savings Bonds which are held in Wife's name and that they have intended to use those bonds and
their proceeds to fund, in part, the post-high school education of their children. The parties agree
that Wife will continue to hold those bonds and that she will apply those bonds and their proceeds
k to help pay the past-high school education of their children.
3- MWOELAL CE_ With regard to the marital residence, the parties agree as
7 = e? and :eii the property within eighteen (18;) months of
the date of this agreement. Wife shall have the option to determine when the
property will be listed or otherwise offered for sale. At that point the parties will
have the property appraised to determine its fair market value and will share the
costs of appraisal. They will then either offer the property for sale privately or, by
mutual agreement, select a real estate agent and list the property for sale with such
agent. The parties will cooperate with each other and all other necessary persons to
arrange and complete the sale of the property for an agreed and mutually acceptable
price as promptly as possible after they have agreed to sell it.
B. Until such time as the house is sold, Wife shall have the right to
exclusive possession of the house. She shall be responsible to make the monthly
installment payments on the home equity loan owed to Cornerstone Federal Credit
Union, which payment is approximately $475.00 per month, and Wife shall
indemnify and save Husband harmless from any cost, loss, or expense caused to him
by her failure to pay that obligation in accordance with its terms. Further, Wife
shall be responsible to pay all utility charges and expenses resulting from her
-3-
water and f
ml :.state. mcludina annual real estate
_ z_ ;2 Umes, or assessment. home o«ners insurance, all costs of 4-
maintenance, and all costs of improvements the parties make to facilitate its sale,
will be divided equally by the parties with each of them promptly paying their one-
half share upon demand of the other.
C. Upon the sale of the residence, the parties will pay all costs of sale,
including a reasonable realtor's commission if appropriate, will pay the balance
owed on the Cornerstone Federal Credit Union home equity loan, and then will
s
divide equally the balance of the sale proceeds. In the event that either of the
des have created or allowed alien to be entered against the property prior to the
lid., and all costs resulting from it or required to
faint storage room in she garage at the
:-es aence aii of the paint and other supplies and materials used by him in his
business and will leave that area in a "broom clean" condition, all by 31 December
2008. If Husband does not do so by that date, Wife shall be free to engage a third
parry to do so and Husband shall be responsible to pay the costs incurred in
removing and disposing of such material and leaving the garage in broom clean
condition.
E. If, at the time the house is sold, Wife sells any furnishings or appliances
which are located in the house at the time of this Agreement and which are marital
property (that is, items owned by both of the parties), the parties will divide equally
the proceeds of sale of such items.
4. AUTOMOBILES. The parties shall distribute and dispose of their motor vehicles as
follows:
A. The 2000 Chevrolet minivan currently titled in joint names has been
transferred to Wife.
-4-
' ', Cbsn=ie". was auto nob? Z.
W Clrvwicl . czw. Doge van, all currently
- w - r 1:: one ' r, mined by him free of any claim by Wife.
he partie- represent chat none of the titles to these vehicles are encumbered by any debt. The
parties will make, execute, acknowledge, and deliver all certificates of title and other documents
necessary to complete the transfer or delivery of titles to the vehicles to each of the parties in
accordance with this paragraph within twenty (20) days of the date of this agreement. From and
after the date of this agreement, each party will be responsible to pay any and all expenses and
obligations arising out of the vehicles to be retained by them pursuant to this paragraph and shall
further indemnify and save the other parry harmless from any loss, cost, or expense caused to
e to do so_
TO IR RETAINED BY HUSBAND. The
r e :?- ? <?e f,$?:,?-4n? sets. ?z,hether
or either of the parties individually:
ubana's painting business and all of the bank accounts, accounts
receivable, vehicles, and equipment owned by the business, or owned by Husband
and used in the business.
B. Husband's individual retirement account with Alliance Insurance.
The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days
after the date of this agreement, all documents necessary to transfer such items to Husband's naive
alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby
acknowledge those assets to be the sole and separate property of Husband from and after the date
of this agreement.
6. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE. The parties
agree that Wife shall be the sole and separate owner of the following assets, whether those assets
are now held in joint names or the name of either of the parties individually:
A. Wife's individual retirement account with Wachovia Securities.
B. Any retirement account or assets that she has obtained as a result of her
employment with Wachovia Securities.
-5-
work as a teachers aide at
?. Assorted stocks and similar investments owned by Wife prior to the date
of the marriage.
The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days
after the date of this agreement, all documents necessary to transfer such items to Wife's name
alone and for Husband to waive any further claim to or interest in such assets and Husband does
hereby acknowledge those assets to be the sole and separate property of Wife from and after the
date of this agreement.
PERSONAL PROPERTY. The parties hereto mutually agree that they have effected
hangs, appliances, and other household
"!_0 lNer :. , j,, .z -41y ? nay ball. from and after
I 1? ` -I - '` __ - : tanyNe personal property- presentlyi n
--
?- p4 ;e1ion. 4N-hether said property was heretofore owned jointly or individually by the
parties hereto, and this agreement shall have the effect of an assignment or receipt from each party
to the other for such property as may be in the individual possessions of each of the parties hereto,
the effective date of said bill of sale to be contemporaneous with the date of the execution
of this
Agreement.
1 8. DEBTS. The parties shall dispose of their debts and obligations as follows:
A. The parties will each pay one-half of the balance owed on the
Cornerstone Federal Credit Union Visa credit card within ten (10) days of the date
of this agreement. At the same time they shall close that account so neither party
can use it in the future.
Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any
debts in the name of the other not previously disclosed or provided for in this agreement. Each of
e the parties hereby represents to the other that neither one of them have incurred or contracted for
debts in the name of the other or for which the other is or would be legally liable from and after
the date of the parties' separation. Both parties hereto mutually agree and promise that neither will
011 ,-? - - - - s ion and
a- ant to the other parry that
A reement_
a 9. ALIMONY. Husband shall pay alimony to Wife as follows:
A. The amount of alimony shall be Two Hundred ($200.00) Dollars per
month and the amount shall not be subject to modification by any court or other
agency.
B. The term of alimony shall be for four (4) years. It shall commence with
the first month following the date of this agreement and shall continue for four (4)
i .s .fter. It shall be terminated only upon Wife's remarriage
i be sect to modification by any
any ire At to Wife on or
0 _ eae? -month. In the event that Husband fails to make any
payments within fifteen (15) days of the date they are due, Wife may, at Wife's sole
option, have an order entered by the Court of Common Pleas of Cumberland
County, in the parties' divorce action, to have the alimony collected, paid, and
administered by the Domestic Relations Office of that court. The parties agree that
they will make, execute, acknowledge and deliver any and all documents necessary
to obtain and implement that order.
Payments made by Husband to Wife pursuant to this paragraph will be treated by both parties as
alimony for income tax purposes.
10. ATTORNEY'S FEES. The parties will share equally the fees incurred by them to
Samuel L. Andes to negotiate, prepare, and implement this agreement and to conclude the
divorce. Each of the parties will pay one-half of Mr. Andes' fee directly to Mr. Andes within
thirty (30) days of the date of his invoices or bills for such services. The parties agree, however,
rt that Husband's obligation to contribute to those fees shall not exceed $500.00. Otherwise, the
parties waive any claim against the other for attorney's fees arising out of the divorce and property
-7-
. _ ed unbek wrist to the other up to the time and date of this
1 . inthe e- ,¢,r -hat an-,- of the provisions of this agreement are breached or
-= ed ;by ei=,Lhff of the parties, the other parry shall be entitled to enforce this agreement by an
appropriate action in law or in equity or to take any other action to which they are lawfully
entitled to enforce this agreement or otherwise protect their rights. In the event that such action is
commenced by one of the parties and the other party is found to have breached or violated any of
the terms and provisions of this agreement, the party having so violated or breached the
agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's
fees incurred by the other party to enforce their rights hereunder.
... '#1E'? OF FURTHER ALIMONY AND SUPPORT. The parties acknowledge
?? ?' awe. ti?al_ and assets and holdings of the
7'4t? we te?_ Both parties
b comfortablti. without
- -- - - ::i Y e ceps as expressly provided for in this Property Settlement
agreement. upon the income and assets owned by each of them. The parties hereby accept the
p mutual covenants and terms of this Agreement and the benefits and properties passed to them
l
hereunder in lieu of any and all rights to support or alimony for themself, counsel fees, and
alimony pendente lite at this time and during any and all further or future actions of divorce
brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and
relinquish forever any and all of their said rights to support for themself, counsel fees, alimony,
and alimony pendente lite during the pendency of or as a result of any such actions, as provided by
the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in
the future.
13. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that
each of them have had a full and ample opportunity to consult with counsel of their choice
regarding their claims arising out of the marriage and divorce and that they have specifically
wed their rights to the equitable distribution of marital property, including rights of
-R-
anct "i-h' h _ to ha ry, `"
=- the divorce action.
:---are oT :nh metal property o-Tried by each of the parties,
j'_ lotion of the other terms and provisions of this agreement, do hereby
release and quitclaim any further right to have a court or any other tribunal equitably
distribute or divide their marital property and do hereby further waive, release and quitclaim any
and all claim against or interest in assets now currently in the possession or held in the name of
the other, it being their intention to accept the terms and provisions of this agreement in full
satisfaction of all of their claims to the marital property of the parties and the equitable
distribution of the same.
14_ WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties
Uffegoing division or distribution of property in an
W .. -vr T 2nzanons nd to make an
- er- Te n Tile ) vorc,e . ode of
1? Tie parries acimov,-ledge that they have the right to ask a court of appropriate
jurisdiction to make equitable distribution of their marital property and to engage in formal
litigation to have the court do so. Because of the division or distribution of marital property to
which they have agreed, as provided for in this Property Settlement Agreement, and knowing their
rights to have the court equitably distribute or divide their marital property following litigation by
the parties, the parties hereto do hereby waive and release any right to have the court make such
equitable distribution or for them to litigate any claims relating to equitable distribution in the
divorce action contemplated by the parties.
15. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein
otherwise provided, each party hereto may dispose of his or her property in any way, and each
parry hereby expressly 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
?t the estate of the other as a result of the marital relationship, including, without limitation, the right
to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except
as provic d for otherwise in this Agreement, dower, curt esy, statutory allowance, widow's
;T;: -9-
0 a L
.?_ o the other, execute,
- may be necessary or advisable to carry
_ -• er n-lin?r ishrnent of all such interests, rights, and claims.
'W-AIVE,R OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in
the hate of NN-ife and Wife releases her inchoate intestate rights in the estate of Husband, and
each of the parties hereto by these presents for himself or herself, his or her heirs, executors,
administrators, or assigns, does remise, release, quit claim, and forever discharge the other party
hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims,
demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or
mere, for or because of any matter or thing done, omitted, or suffered to be done by such other
t dug this release shall in no way exonerate or discharge either
we C-- Ml? -mom ! bN- T-eason of this agreement and
a ;_, _e divorce 'vhich either party may have-against
17. DISCLOSURE. Both of the parties hereto represent to the other that they have made
full disclosure of the assets and income and income sources owned, controlled, or enjoyed by
either of them and that neither party hereto has withheld any financial information from the other.
Each of the parties represents that they have reviewed such information, as well as the law of
Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and
of any divorce action which has or may be filed between the parties with an attorney of their
choice, or had the opportunity to review such matters with an attorney of their choice and
voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that
they have the right to compel the other party to provide full financial information about all assets
owned by either party and all liabilities owed by either party and have the right to have a court
force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive
' the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and
fames and agree that they are satisfied with their understanding of their legal rights and
obligation. Being so aware and satisfied, the parties mutually accept the terms and provisions of
' 3 a: i,_nowledge that this agreement is
Mak - 7' _t ? T on --b v both of them of an action in divorce which has been
Ile f E ed shortly by one of the parties hereto. Both of the parties hereto agree that they
shall, contemporaneously with the execution of this agreement, execute and deliver to their
respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce
Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the
entry of such decree. Both parties agree that they shall accept the terms and provisions of this
agreement in full satisfaction of any claims they may have under the Divorce Code of the
Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite,
wood , equaWak distribution, and the like.
Y-` ? -: waive. relipgvish. and release anv claim thev
slocKs. ponds. an other acrd sizx 1 ii) vestment assets
which are no-?v owned by or in possession of the other, regardless of whether such assets were
owned by the parties jointly or separately prior to the date of this agreement. Each party hereto
does hereby waive and release any claim they may have under the laws of the Commonwealth of
Pennsylvania for the equitable distribution or the other division of such assets or any claim to
them as marital property.
20. ADVICE OF COUNSEL. Both parties represent that they have consulted with an
attorney prior to signing this agreement and have either reviewed this written agreement or the
terms and provisions hereof with an attorney of their choice, or have had full and ample
opportunity to do so and chosen not to do so of their own free will. Both parties enter into this
agreement of their own free will and without any coercion or threat from the other and relying
upon no promises or representations except those expressly set forth herein. .
21. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in
accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania.
-11-
JW7
t
r..e
rte, condition, clause, or provision of this
_H 3 , ? deemed or considered a waiver of any other term, condition, clause
- on cr s -eement.
I WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
i
i
Witness
RDBERT
JOD '` E. TT
EXHIBIT
JODY E. OTT PAGE 2
ROBERT E OTT
4045 CHEROKEE AVE
CAMP HILL PA 17011-7806
774 05/01/2006 - 05/31/2006
ALLIANZ TRAC-USA INS PR
05-31 New Balance 89.56
>> Year-to-Date Dividends this account .64 <<
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
LOAN 01*..LOAN ACCOUNT TYPE: OPEN-END
**** Annual Percentage Rate **** 7.75% Periodic Rate of .0212328%
This loan is a variable rate loan. The periodic rate may vary.
05-01 Previous Balance 38635.29
05-15e TRANSFER IN 350.00 108.15 241.85 38527.14
05-31 New Balance 38527.14
>> Year-to-Date Finance Charges this loan 1184.67 <<
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Total Dividends Earned This Year $ 1.08
Total Finance Charges Paid This Year $ 1184.67
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RED TAG LOAN SALE Ends June 30
Don't miss this last chance to finance your dreams at extremely low rates:
Auto rates at 4.20% A.P.R.* (1-24 mo.), 5.20% A.P.R. (25-60 mo.), 5.70% A.P.R.
(61-84 mo.); Home Equity Loans at 4.75% A.P.R. (1-36 mo.), 5.25% A.P.R. (37-60
mo.), 5.75% A.P.R. (61-84 mo.), 6.00% A.P.R. (85-120 mo.), 6.50% A.P.R. (121-180
mo.); Home Equity Line-of-Credit at 3% A.P.R. through Sept. 30, 2006; 1% cash
rebate on credit card balance transfers and $100 off a Mortgage application.
Our loan application process is convenient, fast and easy. Apply Online, via the
telephone or in person. In most instances, same day notification will be given.
A.P.R.=Annual Percentage Rate. Loan Policy Guidelines apply. CFCU reserves the
right to discontinue promotion at any time. HELOC will revert back to prime rate
in effect on Oct. 1, 2006. Equal Housing Lender. Call for more details.
EXHIBIT
c
HOW NOWy
•
HOME EQUITY ADVANCE VOUCHER
1 MEMBER INFORMATION
DATE MEMBER ACCOUNT NUMBER
',7q PHONE NUMBER
rIq'75- - gg5o 1139-?G t
fAFMSEA NAME (LAST) (FIRST) (INITIAL)
In 'J0
ADDRESS AMOUNT REQUESTED
CITY STATE ZIP CHECK BOX DATE ANTED PURPOSE OF THIS ADVANCE
NEW IF 1
J?
CvM 1 t l 1 r70 OR PHONRNO. o` r?
2 CHANGES SINCE LAST ADVANCE
LIST ALL NEW DEBTS AND LIENS AGAINST THE PROPERTY. ATTACH ADDITIONAL SHEET IF NECESSARY PRESENT BALANCE MONTHLY PAYMENT
.......................... ......._........_...... ....._.._............. ................ ........................................................................................................ .............
._ ................._.............................................................._.................................._................................................................................................ .....
........................... _._........ _...... ......... ...._...._................ .._.............. ......................... .............. .............. ........ ............... _................ _...........-
NO
MARITAL STATUS UNMARRIED (SINGLE, WIDOWED, DIVORCED) MARRIED SEPARATED ARE YOU WORKING? YES NO
IF YOU HAVE CHANGED EMPLOYERS, LIST NAME AND ADDRESS NEW POSITION DATE HIRED
NI
IT.
), 0Z;L3
AMOUNTAPPROVED
qG
OTHER CHARGES
SOURCE OF OTHER INCOME
TAGE RATE PAYOFF PERIOD FOR NEW
. rrs % /80
AMOUNT ADVANCED PREVIOUS BALANCE
PAYMENT FREQUENCY
A A / j 1
LINE OF CREDIT LIMIT G V
$ .?
NEW BALANCE
$ yy, (Q-7£.7(
EQUALS
REMAINING LIMIT /
'Z '-) I OQ 11=1
4 SIGNATURE SIGN BELOW g
By signing below or under the endorsement on the Advance Proceeds check you agree that (1) everything in Section 2 is a complete listing the
of all your debts and obligations since your last advance and (2) to make payments as disclosed in Section 3. When you signed the by
LOANLINER• Home Equity Plan Credit Agreement and Truth in Lending Disclosure, you agreed to make payment In the amount and by uld
the due date shown on the voucher received with each payment change. The "PAYMENTS" paragraph explained when the payment could
change and how the credit union would calculate the payment. Your payment has been changed for the reason checked below:
K/1 NEW ADVANCE CHANGE IN ANNUAL PERCENTAGE RATE
SKiNATU DATE SIIGGNATURE DATE
X SEA SEAL
5 F CREW UNION USE ONLY
REQUESTED: TRANSACTION: REPAYMENT THROUGH: MEMBERPAYS
PREMIUM FOR:
OFFICE ? SNARE DRAFT FlRST PAYROLL
PAYMENT
N DEWCTKNI
ATI
C
C x AUTOMATIC
PAYMENT 1FP
BY MAIL
H THRU
CHECK
OR ADVANCE UL
O
RE
AL MILITARY
INTERNALLY N7
SUSSEOUE CASH LLOTMENT HFP
CD
BY PHONE
BY CU
ADVANCE
A AP
CHECK NUMBER
DEPOSIT ACCT. NUM
BER
PROCESS BY SCL MP
rn?A JCL 166
OCUNA MUTUAL INSURANCE SOCIETY, 1091,200S. ALL RIGHTS RESERVED CREDIT UNION EST166
f
NET OSS
GROSS
MONTHLY SALARY
OTHER MONTHLY INCOME
HOME EQurrtr SYs1Ebf
HOME EQUITY ADVANCE VOUCHER
CHILD SUPPORT, SEPARATE MAINTENA
ALIMONY UNLESS YOU WANT THE CREDIT
CONSIDER IT.
3 PAYMENT TERMS
DAILY PERIODIC cRA/TE ANNUAL PI
AMOUNT APPROVED OTHER CHAR(
OR -
ITO
NTAGE RATE PAYOFF PERIOD FOR
AMOUNT ADVANCED PREVIOUS B E
$ s477116.
MONTHLY SALARY NET
$ R GROSS
$
L! ci ----- •-••-•--• -.? --N. rncuurNL;Y RINGV I
$ Is
FOR MISSOURI CREDIT UNIONS ONLY. THIS VOUCHER'AND ALL ADVANCES UNDER THIS PLAN ARE
SECURED BY A DEED OF TRUST DATED:
4 SIGNATURE SIGN BELOW
By signing below or under the endorsement on the Advance Proceeds check you agree that (1) everything in Section 2 is a complete listing
of all your debts and obligations and (2) to make payments as disclosed in Section 3. When you signed the LOANLINER® Home Equity Plan
Credit Agreement and Truth in Lending Disclosure, you agreed to make payment in the amount and by the due date shown on the voucher
received with each payment change. The "PAYMENTS" paragraph explained when the payment could change and how the credit union would
c(allccuulate the payment. Your payment has been changed for the reason checked below:
I I NEW ADVANCE n CHANGE IN ANNUAL PERCENTAGE RATE
1-1
1
BY MAIL THRU OFFICE SHARE DRAFT
BY PHONE "ITEHNALLY ? OR CHECK
? PAYMENT PAYROLL PREMIUM FOR:
RECALCULATION DEDUCTION jM7U1:TA TIC
J?j ?? TMENT CO HFP
8
P OCESSED Y
SCL MP
JCL
CREDIT UN EST( e4 682OLL
...............................................................................................................................
........................................................................................................................
........................................................................................................................
MARITAL STATUS UNMARRIED (SINGLE, WIDOWED, DIVORCED)MARRIED SEPARATED ARE YOU WORKINOI
IF YOU HAVE CHANGED EMPLOYERS- LIST NAUF nun Ann-o YES NO
iMI]lYl AWT1rSYSTZlW
OME EQUITY ADVANCE VOUCHER
a' 411--0
....h 1 t
ACCOUNT
21-:?l %
v r
)DRESS
ffs Ch
AV<
K
? AMOUNT REQUESTED
a'
?ro
- o
ee
'n u,
-- $ `/ ow 1
STATE ZIP DATE W PURPOSE OF THIS ADVANCE
-.M 1 l 17011- ? N , DBOX RE i
o a o P•?`1/ NG O f?F ??$ 7
CHA14GES SINCE LAST ADVANCE
r ALL NEW DEBTS AND LIENS AGAINST THE PROPERTY. ATTACH ADDITIONAL SHEET IF NECESSARY
.....................................................................................................................
.....................................................................................................................
..................... ......................................................................................... PRESENT BALANCE MONTHLY PAYMENT
.........................................................................................
.........................................................................................
.........................................................................................
'"AL STATUE UNMARRIED (SINGLE, WIDOWED, DIVORCED) MARRIED SEPARATED ARE YOU WORKING? YES NO
OU HAVE CHANGED EMPLOYERS, LIST NAME AND ADDRESS NEW POSITION DATE HIRED
WA ,"vlA ///-17/.o7
.3 Z-f o -/ ?v E ?J? • MONTHLY SALARY NET
GROSS
ICE: YOU DON'T HAVE TO INCLUDE INCOME FROM SOURCE OF OTHER INCOME
RT, D
Y UP
OU WAN
UN
O
R OTHER MONTHLY INCOME
TT THE CREDIT
I
TO
ESS Y
ION
ISIDER M $
TERMS
,UNT APPROVED OTHER CHARG;S
y oW $ N/ r4'
PAYMENT OLD YMENT UE
211 17
SIGNATURE SIGN BELOW
AMOUNT ADVANCED` PREI
$ 5-000 NEW PAYMENT NEW
,LANCE j
73 5. jfpo
Tj03V E PAYMENT 7 i
-I*--'
j^..
$ 50 woo
NEW wE
$ _/LII/
REMAIN OMIT
-7h I ,1
PL 3? ?A-K? P te - 4?/o3d D a
nui mis uvjuvv uj unuej uro enuvrsnment on u1e A uvance rroceeas cnecK you agree tnat (1) everything In Section 2 is a complete listing
II your debts and obligations and (2) to make payments as disclosed in Section 3. When you signed the LOANLINERO Home Equity Plan
ilt Agreement and Truth In Lending Disclosure, you agreed to make payment in the amount and by the due date shown on the voucher
lived with each payment change.The "PAYMENTS* paragraph explained when the payment could change and how the credit union would
late the payment. Your payment has been changed for the reason checked below:
NEW ADVANCE CHANGE IN ANNUAL PERCENTAGE RATE
RDATE SIGNATURE DATE
_ SEAL =? 4' D _ X (BEAC,
MAIL H THRU OFFICE SHARE DRAFT
OR CHECK
INTERNALLY
PHONE
BY CU
MBER DEPOSIT ACCT. NU
4 MUTUAL INSURANCE SOCIETY, 1991, ALL RIGHTS
FIRST
ANCE ? PAYMENT
RECALCULATION PAYROLL
DEDUCTION M
U13SEOUENT
ADVANCE
CASH MLITARY
LOTMENT
CD
HFP
MBER PROCESSED BY SCL 8 MP
-- 0 0 JCL
CREDIT UNI N Esrlss esasu
1)3/02/200'
Carrucoli & Associates, P.C.
875 Market Street, Suite 100
Lemoyne, PA 17043
(717)761-1274
Attorney for Plaintiff
VERIFICATION
I, Robert Ott, verify that the statements made in this Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Robert Ott
11
6
nF 7Hr `' ` 0''ARY
2609 NOV 24 P 3: 13
TY
~1-
ROBERT OTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
v.
JODY KUTZ, : N0.09-8181 CIVIL TERM ~
f/k/a JODY OTT, , Q
Defendant ~
~ ~
0
~
,
OATH ~-
~ l ''
.
..
_:
~~
We do solemnly sweaz ( or affirm) that we will support, obey and defend the Constrptlo of6tlie-U
,
United States and the Constitution of this Commonwealth and that we will disc ge u#i ` of our.
office with fidelity.
";
..
~ ~ ~t-=
~/ /
Wayne .Shade, Chairman Ja' L. High san J. Sm'
53 West Pomfret Street Coyne & Coyne Smith C fight, LLP
Cazlisle, PA 17013 3901 Mazket Street 3009 Market Street
Camp Hill, PA 17011 Camp Hill, PA 17011
AWARD
Date of Hearing: ( 2010
Date of Award: t'~ o? ~ ~ U
We, the undersigned azbitrators, having been duly appointed and sworn (or affirmed), make the
following awazd:
(Note: If damages for delay are awarded, they shall be separately stated.)
Arbitrator, dissents. (Insert name if applicable.}
. ~ '~-
NOTICE OF ENTRY OF AWARD
NOW, the ~~day of , 2010, at ~:~ ~ .M., the
above awl- vvas ~e'ntered upon the docket and notice thereof given by mail to the parties or their
attorneys;
.,,
,~,;~ ~ _
Arbitrafor'~~jensaf~an ~ b~e paid upon appeal:
~_ ,
.. ... 5 ' ,
1.~ _` . ,
$ 3 SCE. vo
P othanot~y ` ~~ Deputy
~ FS m~ l ~l.
A'~~ S'. ~ ~.~
B~~SI~v
Cindy L. Hribal, Esq.
Carrucoli & Associates, P.C.
875 Market Street
Suite 100
Lemoyne. PA 17043
Attorney for Plaintiff
! Tl.!r '1TAty
10
AUS 26 PM 1.25
CUM k; _, , 6OUN Y
P iN kVANA
ROBERT OTT,
Plaintiff
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
V.
JODY KUTZ,
f/k/a JODY OTT
Defendants
NO: 09-8181
: CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter as discontinued with prejudice and the
Judgment as satisfied.
-rind H ?l, Esquire
Sup. Ct. I 202325
Carrucoli & Associates, P.C.
875 Market Street
Suite 100
Lemoyne, PA 17043