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HomeMy WebLinkAbout04-4032 KELLI L GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07'- '(OJ;)..... DAVID W. GUTSHALL, Defendant : CIVIL ACTION - LAW : IN DIVORCE 1 CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04 -4C>:6~ C,~~L'-TEP..ls1 KELLI L. GUTSHALL, Plaintiff DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE 1 CUSTODY COMPLAINT IN DIVORCE 1. Plaintiff is Kelli L. Gutshall, an adult individual residing at 284 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is David W. Gutshall, an adult individual residing at 2900 Glenwood Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on, September 16, 1989 in Cumberland County, Pennsylvania. 5. There are two (2) minor children born of this marriage: Sara C. Gutshall, (born April 14, 1990) and Samuel L. Gutshall (born May 3, 1992). 6. The paIties separated on December 26, 2002. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with 93301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III CUSTODY COMPLAINT 14. The averments in paragraphs 1 through 13 of Plaintiff's Complaint are incorporated herein by reference thereto. 15. Plaintiff seeks shared legal and shared physical of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Sara C. Gutshall 2900 Glenwood Road Camp Hill, P A 4/14/1990 Samuel L. Gutshall 2900 Glenwood Road Camp Hill, P A 5/3/1992 16. Plaintiff seeks primary physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Sara C. Gutshall 2900 Glenwood Road Camp Hill, P A 4/14/1990 Plaintiff seeks partial physical custody of the following child: Samuel L. Gutshall 2900 Glenwood Road Camp Hill, P A 5/3/1992 17. The children are presently in the custody of Father who currently resides at 2900 Glenwood Road, Camp Hill, Cumberland County, Pennsylvania 17011. 18. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD 1 999 to 12/26/2002 2900 Glenwood Road Camp Hill, P A Mother, Father and children 12/26/2002 to 2/7/2003 6001 Hummingbird Drive 11echanicsburg,PJ\ Mother and children 2/7/2003 to 2/15/2004 2900 Glenwood Road Camp Hill, P A Father and Samuel L. Gutshall 2/7/2003 to 5/15/2003 6001 Hummingbird Drive Mechanicsburg, P A Mother and Sara C. Gutshall 5/15/2003 to 2/15/2004 284 Redwood Lane Carlisle, P A Mother and Sara C. Gutshall 2/15/2004 to Present 2900 Glenwood Road Father and children The parties are presently married but separated. Mother physically vacated the martial residence on December 26, 2002. 19. The Mother of the children is Kelli L. Gutshall, currently residing at 284 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 20. The Father ofthe children is David W. Gutshall, currently residing at 2900 Glenwood Road, Camp Hill, Cumberland County, Pennsylvania 17011. 21. The relationship ofthe Plaintiffto the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Kelli L. Gutshall RELATIONSHIP Self 22. The relationship ofthe Defendant to the children is that of Father. The Defendant currently resides with the following person: NAME David W. Gutshall Sara C. Gutshall Samuel L. Gutshall RELATIONSHIP Self Daughter Son 23. Plaintiff has not participated as a party ofa witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 24. Plaintiff has no information of a custody proceeding concerning the children pending in any court in this Commonwealth. 25. Plaintiff does not know of a person not a party to the proceedings who has physical custody ofthe children or claims to have custody or visitation rights with respect to the children. 26. The best interest and permanent welfare of the children will be served by granting the relief requested because Mother wishes to be involved with all decisions regarding both of her children. The parties' daughter, Sara C. Gutshall, who had previously resided with Mother, wishes to resume residence and reside with her mother after residing with her father for a short time. Mother also wishes to have her daughter reside with her again. Mother can provide a stable, loving environment for her daughter. Mother wishes to have a schedule of shared custody with her son, Samuel L. Gutshall. 27. Each parent whose parental rights to the children have not been terminated and the person who has physical custody ofthe children have been named as parties to this action. WHERKFORE, the Plaintiff requests the Court to grant shared legal custody of the children to the Plaintiff. Plaintiff also requests the Court to grant primary physical custody of the parties' daughter to the Plaintiff and shared physical custody of the parties' son to the Plaintiff. WHEREFORE, Plaintiff, Kelli L. Gutshall, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding Plaintiff shared legal custody ofthe parties' children; D. Awarding Plaintiff primary physical custody of the parties' daughter E. Awarding Plaintiff shared physical custody of the parties' son; and F . Awarding other relief as the Court deems just apd're onable. Dated: ?;f//d f/ . t...... S~I~S"Ui~' E"wre . 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE 1 CUSTODY AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: ~ -G-oy dJtl.J~ KELLI L. GUTSHALL KELLI L. GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. DA VlD W. GUTSHALL, Defendant : CIVIL ACTION - LAW : IN DIVORCE I CUSTODY VERIFICATION I, Kelli L. Gutsahall, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE AND CUSTODY are true and correct to the best of my knowledge, information and belief. I understancl that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: <6--t--OY ~l~ }:) ("::) tt-'1 ............... ~~ -t:_ &' '\Y ;/ .., ~ci~~ ~ 0 8' ~ , () (> , , r Q}~ ~j~ ~ . G {' "', G . KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 04-4032 DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE 1 CUSTODY AFFIDAVIT OF SERVlCl; I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No, 7000060000283892 4452, Return Receipt Requested, on the above-named Defendant, David W. Gutshall, on August 19,2004 at Defendant's last known address: 2900 Glenwood Road, Camp HilI, Pennsylvania 17011. The original receipt and return receipt card are attached hereto as Exhibit "A", I hereby certify that the facts set forth above are true and correct to the best of my knowledge, infonnation and belief I understand that any false statements made herein are subject to penalties of 18 Pa, C.SA 54904 relating to unsworn falSificat~~t authorities, Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff Dated: August ,Jo2004 "v" !lHlHXtI QI;'"q,t $ yo- .:.I" see:t 'I e6slsod ISlOl o~~. t$ (peJ!nbe8 lW1WeSJOpu3) OO,j Al9^!19a pap!.ijS9l::l (paJ!nbel::lW;IWaSJopu3) El9:1ldla09tl UJn\.<ll::l ~;L' H fi\"~ fg"l}i. $ ee::lpalJllJ8:) eflSlSOd C IT" C C c c ru Do UJ Do ..II ru -<= -<= lJ'I ru . ,....,,"'> ~ ~2 :"" (.;'1 KELLI L. GUTSHALL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-4032 CIVIL ACTION LAW DAVID W. GUTSHALL DEFENDANT IN CUSTODY ORD.ER OF COURT AND NOW, Thursday, August 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Sunday, .Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September 15, 2004 , the conciliator, at 12:30 PM 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 may 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 existinl~ Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~. FOR THE COURT, By: Isl Dawn S. Sunday, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable 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 Assoeiation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~? :7 ~ ~ ~(J';'~j3 --*:7 ~ ~ h(/-/J(";$ ~_~~~ /?nn<t'~ ~';'r/'k~ , l. S :Ci! ':12, oJ 1JQZ Barbara Sump1e-SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 04-4032 DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW KELLI GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 03 -631 DAVID GUTSHALL, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION REGARDING CUSTODY WHEREAS, the parties to this Stipulation are Kelli L. Gutshall (Mother) and David W. Gutshall (Father); and WHEREAS, the parties are the parents of two (2) minor children, Sara C. Gutshall DOB April 14, 1990, and Samuel L. Gutshall, DOB May 3, 1992; and WHEREAS, a custody conciliation conference is presently scheduled for Septernber 15, 2004; and WHEREAS, the parties wish to reach an amicable resolution regarding the care, custody and control of the minor children; and WHEREAS, the parties agree that it is in the children's best interest that they reach a resolution regarding the custody of the minor children. 1 NOW, THEREFORE be it resolved this 10th day of September, 2004, that the parties hereby stipulate, covenant and agree as follows: 1. The parties shall share legal custody of the rninor children. 2. Mother shall have primary physical custody of Sara and Father shall have primary physical custody of Sarnuel. 3. Mother and Father shall have periods of alternating physical custody of both minor children pursuant to the following schedule; A. Alternate weekends from Friday after school until Sunday at 5:00 P.M. commencing Friday, September 3,2004. Mother shall have custody of both minor children frorn Friday through Sunday. The following weekend, Father shall have custody of both minor children frorn Friday through Sunday. Thereafter, the parties shall alternate weekends in accordance with this schedule. B. Alternate holidays so that Mother shall have partial custody for Easter weekend, July 4th, Thanksgiving holiday, Christmas Day at noon through December 26 at noon in one calendar year and for Mernorial Day weekend, Labor Day weekend and Christmas Eve and Day through noon the following year. Said schedule shall begin with Mother for the Labor Day holiday in 2004. Should a holiday fall on a Monday and a respective parent's period of physical custody falls on that weekend, the children shall be permitted to stay the entire weekend frorn Friday through Monday at 5:00 P.M. Additionally, a holiday shall commence at 9:00 A.M. the day of said holiday through 5:00 P.M. the same day unless the parties otherwise agree. C. Two (2) weeks sumrner vacation which rnay be consecutive upon one rnonth's prior notice. 4. Wife shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's day. 5. Other times as the parties may mutually agree. The parties ackiiowledge and agree that the holiday schedule shall take precedence over normally scheduled periods of physical custody. 2 6. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule of partial custody. 7. Neither party shall be under the influence of alcohol or illegal drugs during their respective periods of physical custody. 8. The parties agree that this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be. entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNES A/ i ~ JJJ.' .;}~ . eln L. ~hall Witness - rJ- I! {J David J:- dutsha 3 Barbara Sumple-SuIlivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KELLI L. GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 04-4032 DAVID W. GUTSHALL, Defendant : CIVIL ACTION - LAW KELLI GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 03 - 631 DAVID GUTSHALL, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~ay of ~ ' 2004, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Kelli L. Gutshall, and Defendant, David W. Gutshall, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated September 10, 2004 are adopted as an Order of Court. V\N\//\\)E'\~! A1NC":C:.~-: ':" "~:/-~n~ GO :~ Hd 02 d3S lJuUl ,\b\iiC'l',:(;>LLOdd 3Hl ~c ::~'JU:\D.-o:n\:.\ Barbara Sumple-SuIlivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland, PAl 7070 (717) 774-1445 KELLI L. GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 04-4032 DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW KELLI GUTSHALL, Plaintiff ~ } .... :) ~~: ~~ : IN THE COURT OF COMMON PLEAS V) : CUMBERLAND COUNTY, PENNS~V AN&. v. : NO: 03 - 631 U"I (") -n --I -. f'l'i~ !",! ~ .~ (') ""]', " r) rn t..~ l' , DAVID GUTSHALL, Defendant -::-:1 CIVIL ACTION - LAW IN CUSTODY L) en ..f~'~ STIPULATION REGARDING CUSTODY WHEREAS, the parties to this Stipulation are Kelli L. Gutshall (Mother) and David W. Gutshall (Father); and WHEREAS, the parties are the parents of two (2) minor children, Sara C. Gutshall DOB April 14, 1990, and Samuel L. Gutshall, DOB May 3, 1992; and WHEREAS, a custody conciliation conference is presently scheduled for September 15,2004; and WHEREAS, the parties wish to reach an amicable resolution regarding the care, custody and control of the minor children; and WHEREAS, the parties agree that it is in the children's best interest that they reach a resolution regarding the custody of the minor children. NOW, THEREFORE be it resolved this 10th day of September, 2004, that the parties hereby stipulate, covenant and agree as follows: 1. The parties shall share legal custody of the minor children. 2. Mother shall have primary physical custody of Sara and Father shall have primary physical custody of Samuel. 3. Mother and Father shall have periods of alternating physical custody of both minor children pursuant to the following schedule; A. Alternate weekends from Friday after scho('J1 until Sunday at 5:00 P.M. commencing Friday, September 3, 2004. Mother shall have custody of both minor children from Friday through Sunday. The following weekend, Father shall have custody of both minor children from Friday through Sunday. Thereafter, the parties shall alternate weekends in accordance with this schedule. B. Alternate holidays so that Mother shall have partial custody for Easter weekend, July 4th, Thanksgiving holiday, Christmas Day at noon through December 26 at noon in one calendar year and for Memorial Day weekend, Labor Day weekend and Christmas Eve and Day through noon the following year. Said schedule shall begin with Mother for the Labor Day holiday in 2004. Should a holiday fall on a Monday and a respective parent's period of physical custody falls on that weekend, the children shall be permitted to stay the entire weekend from Friday through Monday at 5:00 P.M. Additionally, a holiday shall commence at 9:00 AM. the day of said holiday through 5:00 P.M. the same day unless the parties otherwise agree. c. Two (2) weeks summer vacation which may be consecutive upon one month's prior notice. 4. Wife shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's day. 5. Other times as the parties may mutually agree. The parties acknowledge and agree that the holiday schedule shall take precedence over normally scheduled periods of physical custody. 2 6. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule of partial custody. 7. Neither party shall be under the influence of alcohol or illegal drugs during their respective periods of physical custody. 8. The parties agree that this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNE~: ~ill~A4t) . el i L. utsIiall Witness Witness 3 6. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule of partial custody. 7. Neither party shall be under the influence of alcohol or illegal drugs during their respective periods of physical custody. 8. The parties agree that this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall. be' entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: &uJ A",j"lJ el i L. GUtshall . Witness 3 ~~ (') c "'-,,"'- i. ,---' (~. :;;;" ::2 ,.., c;-:-, r~-;J JO"' v' r'n -D o -n ...... :::r- III :!) r- :pri1 <~6 ~~ :;::J -< 01 -::1 (~ en .<.- SEP 1 6 2004 ~ KELLl GUTSHALL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4032 CIVIL ACTION LAW vs. DAVID W, GUTSHALL Defendant IN CUSTODY ORDER AND NOW, this 13th day of September.2004 , the conciliator, being advised by plaintiff s counsel that all custody issues have been resolved by agreement ofthe parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for September IS, 2004 is cancelled. FOR THE COURT, 12,.-40 - n0(j Dawn S, Sunday, Esquire Custody Conciliator 95:1 !lei 2Zd3S~DDZ )'b\,'lC\\("i'UG~'.:c1 3Hl .:JC) 3:):.:.I,:!O'(Fn:~1 KELLI1. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4032 DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE / CUSTODY NOTICE TO DEFENDAN1: If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDA VIT UNDER SECTION 3301 (D) OF THE DIVORCE COD]~ 1. The parties to this action separated on December 26, 2002, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses if! do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: / 'dhl lOLl / I , 2004 c4:~ddJ KELL . GUTSHALL KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4032 DAVID W. GUTSHALL, Defendant CIVIL ACTION - LA W IN DIVORCE / CUSTODY COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (1) (ii) or both): _ (1) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit 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. Dated: DAVID \IV. GUTSHALL, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this: counter-affidavit. ~F}T {;;E; :::1 =< Q c .' i, ;~ ..... ,....., ~ ("~-:;::) CJ'1 <- ::n. z o ..., ~ rt:n r- Tl [11 ~oO O(.!...} :~-i":r, CS(~ ;.-:-5j:"n ~:::t ~~ I m v 3;: N \.0 KELLIE L. GUTHSALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE TO, ENTER APPEJUUWCE TO THE PROTHONOTARY: Please enter the appearance of Joseph D. Caraciolo, Esquire in the above-captioned action. -ro~~~~_~~,yl~~~ ,~ Date: 01//"/0';- I { '1 Respectfully su)Jmitte,d, /i~~ , / J , eph D. Caraciolo, Esquire 2 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 90919 Tel. (717) 763-1800 {"-, --' -c:::. (.:~l (;-, ~ -.J 't~ ~1 ~~ :r.. ( --- \) \ '-', , ~ - KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 04-4032 DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE / CUSTODY COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ~a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. .l(b) I wish to claim economic relief which may inclnde alimony, division of property, lawyer's fees or expenses or other important rights. I tmderstand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit 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. , - Dated: 1-/ J -rJ s U' 1/. /. r DAVI W. GUT NOTICE: If you do not wish to oppose the entry of a divorct' decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. :-,::' c;~) cr. '-- 0:> r":'! Ul tjl KELLIE L. GUTHSALL, Plaintiff F COMMON PLEAS OF ~~M~~~L~~~R~O~NTY, PENNSYLVANIA 04-4032 CIVIL TERM NO. : v. DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE Paragraphs one (1) through twenty-seven (27). d 1920 14 an answer to the Pennsylvania Rule of Civil Proce ure ., Pursuant to allegations of an action for divorce is not required, and such allegations are deemed denied. COUNTERCLAIM COUNT IV - REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(A) AND 3702 OF THE DIVORCE CODE 28. The prior paragraphs, one (1) through twenty-seven (27) of this Answer and Counterclaim are incorporated herein by reference thereto. 29. Defendant is unable to sustain himself during the course of litigation. 30. Defendant lacks sufficient property to provide for hi~ reasonable needs and is unable to sustain himself throug! appropriate employment. 31. Defendant requests the Court to enter an award c alimony pendente lite until final hearing and thereupon to ent! an order of alimony in his favor pursuant to Sections 370l(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 370l(a) and 3702 of the Divorce Code. COUNT V - UNDER SECTIONS DIVORCE CODE REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES 3104 (A) (1), 3323(B), 3702, AND 4351 (A) OF THE 32. The prior paragraphs, one (1) through thirty-one (31) of this Answer and Counterclaim are incorporated herein by reference thereto. 33. Defendant has employed the Law Offices of Patrick F. Lauer, Jr., L.L.C. to represent him in this matrimonial case. 34. Defendant is unable to pay his counsel fees, costs and expenses and Plaintiff is more than able to pay them. 35. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 36. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104 (a) (1), 3323 (b), 3702, and 4351 (a) of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs, and expenses. Date :olll~( 0("" Respe;Jf~J1Y S/9t~ttJd' l)~ /~ J eph D. Ci~aciolo, Esquire 208 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 KELLIE L. GUTHSALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL1,ND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY VERIFICATION I verify that the statements made in this Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ) / Date: -( 55 -<7') "gnoCure, ~LJP<f:tJI KELLIE L. GUTHSALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE: I hereby certify that I am this day serving a copy of the foregoing Answer and New Matter upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in The United States mail, postage paid, and directed to the person named as follows: Law Offices Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 (Attorney for Plaintiff) ph D. Car ciolo, Esquire 2 8 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 Date:of /1 '.rIot; ~ ('") ~_.1 '''',C> c~ ~'~.j 1 ~1 ~-; I '" " , ::;::1 ~ ~ " ~ o-.b. .- --- "'" 'l:, C) '-l\, ~ , ~ 10 ~ 'iJ ~ !':: " ~ , ,~ ~ CJ '.j KELLIE L. GUTSHALL, Plaintiff IN THE COU'KT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION FOR ALIMONY PENDENTE LITE HEARING AND NOW comes the Defendant, David Gutshall, by and through his attorney, Joseph D. Caraciolo, Esq., of the Law Offices of Patrick Lauer, L. L. C., and respectfully files this petition for relief avering as follows: 1. Plaintiff, Kellie Gutshall, filed a divorce complaint on August 13, 2004. 2. Defendant filed an answer and counterclaim on January 18, 2005. 3. Defendant's Answer and Counterclaim included a request for Alimony Pendente Lite (See Exhibit "A" attached hereto.) 4. Defendant asserts that he is entitled to Alimony Pendente Lite and is requesting a hearing on the matter. WHEREFORE Defendant respectfully requests this Honorable Court grant the requested relief and schedule a hearing on the issue of Alimony Pendente Lite. 1 , I Respe1ful!y I " l< /" subillitted, /~v{- / aciolo, Esquire 8 Market Street, Aztec Building Pennsylvania 17011-4706 Tel. (717) 763-1800 Date: O~ /2-;- /05' t f KELLIE L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attorney for the Defendant, ~avid W. Gutshall; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Petition are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 0'). /)-.,ioc;- { Respe~fu ly su~mitted, /Jt-- ~aciolo, Esquire 2 08 Market Street, Aztec Building Pennsylvania 17011-4706 Tel. (717) 763-1800 KELLIE L. GUTHSALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the cequirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class u.S. Mail, prepaid, and addressed as follows:: Law Offices Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 (Attorney for Plaintiff) Date:OJ/~"tr t ( 1 Respectf1l1y s~b~itte9' /0{' j /~/l/) (/ t ~. JOseph D. Caraciolo, Esquire 2108 Market Street, Aztec Building /Camp Hill, Pennsylvania 17011-4706 ~ID# 90919 Tel. (717) 763-1800 v. IN THE COURT OF COMMON ~~EA~~OF~ :-- '-...,) CUMBERLAND COUNTY, PENN~XLV~IA~_ --' , ~',: f"": ,oo1} ...;~ NO.: 04-4032 CIVIL TERM c:) KELLIE L. GUTHSALL, Plaintiff DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY r:,~) c"'\ C.,) ANSWER AND COUNTERCLA1:M ANSWER TO COMPLAINT IN DIVORCE Paragraphs one (1) through twenty-seven (27). Pursuant to Pennsylvania Rule of Civil Procedure 1920.14, an answer to the allegations of an action for divorce is not required, and such allegations are deemed denied. COUNTERCLAIM COUNT IV - REQUEST FOR ALIMONY l"ENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(A) AND 3702 OF THE DIVORCE CODE 28. The prior paragraphs, one (1) throughtwenty~seven (27) of this Answer and Counterclaim are incorporated herein by reference thereto. 29. Defendant is unable to sustain himself during the course of litigation. 30. Defendant lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 31. Defendant requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 370l(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT V - UNDER SECTIONS DIVORCE CODE REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES 3104 (A) (1), 3323 (B) , 3702, AND 4351 (A) OF THE 32. The prior paragraphs, one (1) through thirty-one (31) of this Answer and Counterclaim are incorporated herein by reference thereto. 33. Defendant has employed the Law Offices of Patrick F. Lauer, ,Jr., L.L.C,to represeIlt him i,n th.is matrimonial case. 34 . Defendant is unable to pay his counsel fees, costs and expenses aIld 'Plaintiff is more thaIl able to pay them. 35. Plaintiff is employed and has the ability to pay Defendant's counsel fees, ,costs and expenses. 36.. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees,' costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104 (a) (1), 3323 (b), 3702, and 4351 (a)' of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs, and expenses. Date:Oll{~(ar eph D. Ca aciolo, Esquire 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 KELLIE L. GUTHSALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY VERIFICATION I verify that the statements made in this Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ) -( ?5 ..(]') Signature:U- jJ~ KELLIE L. GUTHSALL, Plaintiff IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Matter upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in The United States mail, postage paid, and directed to the person named as follows: Law Offices Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 (Attorney for Plaintiff) Date:oll/r.r!C/t{' I I ph D. Car ciolo, Esquire 2 8 Market. Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717)763-1800 KELLIE L. GUTSHALL, Plaintiff/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE DA VlD W. GUTSHALL, Defendant/Petitioner NO. 2004-4032 CIVIL TERM IN DIVORCE PACSES # 860107184 ORDER OF COURT AND NOW. this 8th day of March, 2005, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ, Shaddav on Apri/19. 1005 at 9:00 A.M. for a conference, at I3 N, Hanover St., Carlisle, P A 17013, after which the conference ollicer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910,11i() (4) verification of child care expenses (5) proof of medical coverage which you may have. or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E, Hoffer, President Judge Mail copies on 3-8-05 to: Petitioner < Respondent Joseph CaracioJo, Esquire Barbara Sumple-Sullivan, Esquire ~. ~"" Date of Order: March 8. 2005 ' [d ;.....JL-t C.~ ~:Conference Officer ._ (J YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATT~ND THE CONFERENCE AND ,. . REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 O~Jb o C' -n C~) ',.' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DAVID W. GUTSHALL ) Docket Number 04-4032 CIVIL Plaintiff ) vs. ) PACSES Case Number 860107184 KELLI L. GUTSHALL ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 19TH DAY OF APRIL, 2005 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or Ii) Other REQUEST FOR APL CONFERENCE filed on MARCH 8, 2005 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HIS REQUEST FOR ALIMONY PENDENTE LITE CONFERENCE, o . :The Complaint or Petition may be reinstated upon written application of the plaintiff petItIOner. DRO: RJ Shadday xc: plaintiff defendant BY THE ,C.~T,: .A ~ / Barbara Sunple-Sullivan, Esquire ,.,.. ~ Joseph Caraciolo, Esquire Kevin A, Hess JUDGE 'i'/"}.O') Form OE-506 Worker ID 21005 Service Type M o ,.." r:;.;,) ~~:n C) ~Tl .-1 -r "'" ---r-J -,", N \.D 1:') :J,: I;;) '''' .r;:" - . KELLIE L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY AND ALIMONY AND PRAECIPE TO WITHDRAW REQUEST FOR ALIMONY PENDENTE LITE UNDER SECTIONS 3701(A) AND 3702 OF THE DIVORCE PETITION FOR ALIMONY PENDENTE LITE HEARING CODE To the prothonotary: Kindly withdraw the Request for Alimony Pendente Lite and Alimony Under Section 370l(a) and 3702 of the Divorce code count in Defendant's answer filed on January 18, 2005 and Petition for Alimony Pendente Lite Hearing filed on February 25, 2005 regarding the above captioned matter. vZ Da te :0 '1 /~'(l~;- J peph D. ~raciolo, Esquire 108 Market Street, Aztec Building amp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 ..... . KELLIE L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attorney for the Defendant, David W. Gutshall; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Petition are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: o,t(J<'/JJ 1 Respectful~ submiyted, I I.' !/~ t</< ~" ;/ ~~_. / (./ ,J'-- J0~eph D. Ca ciolo, Esquire Zio~ MarKet Street, Aztec BUlldlng Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 (\ C) ~-, c..~ (--) 0 C;:) ~'11 ~ c..f"1 """ :;! '^ i .1 ~': ~ ~ ,',,) ---.. C) \::::) " ('.:J \'--..'": : 0' c:> - KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 4032 CIVIL DAVID W. GUTSHALL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this o1lJ day of Il-~L / 2005, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated April 18, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~rbara Sumple-Sullivan Attorney for Plaintiff ~oseph D. Caraciolo Attorney for Defendant Gcoc4fMr:i \'oS Ol~ . }. 1 ("' .11 U~1 I,MV' 1,1,' ") \l ',U '"'1'1-:.... I... CCi'i ':JtllJ~ KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. : 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this If _ day Of~_. 2005, by and between KELLI L. GUTSHALL of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wife; and DAVID W. GUTSHALL of New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married in September 16, 1989 in Cumberland County, pennsylvania; and WHEREAS, Husband and Wife are bona fide res"idents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, two (2) children were born of this marriage, being Sara C. Gutshall, born April 14, 1990, and, Samuel L. Gutshall, born May 3, 1992; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since December 26, 2002; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all 1 financial and property rights between them, their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, spousal support, and all other matters which may be considered under the Divorce Code; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Joseph D. Caraciolo, Esquire; and Wife, was represented by Barbara Sumple- Sullivan, Esquire, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 2 ARTICLE I - SEPARATION 1.1 SeDaration. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem -F't- ..L.l""r free from any control, restraint, or interference, direct or indirect, by each other. Nei ther party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of' vi tiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVORCE 2 . 1 Divorce Action. This Agreement is not predi,cated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a 3 condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to rromptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation 4 and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorooration of Aareement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree '~ lL or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3 . 1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth In Section 35D2 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate[ liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other c v party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 3.2 Satisfaction of Riahts of Eauitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinauishment of Claims. Husband agrees to relinquish all claims to arty assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set: forth herein. 3.4 Personal and Household PrODertv. Husband and Wife do hereby acknowledge that they have heretofore divided the non- 6 mari tal and marital personal and household property, including, but without limitation, jewelry, clothing, furniture, and other assets. Husband agrees that all assets pr~sently in Wife's possession shall be the sole ahd separate property of Wife. Wife agrees that all assets presently in Husband's possession shall be the sole and separate property of Husband. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. 3.5 Motor Vehicles. The parties acknowledge that there were two marital vehicles being a 1997 Plymouth Voyager van and a 1983 Chevrolet Cheyenne truck. Since separation, Wife paid the remaining encumbrance on the 1997 van to Members First Credit Union in the amount of Four Thousand Two Hundred Twenty-nine Dollars and 48/100 ($4,229.48). Husband transferred title of the van to Wife and hereby releases any claims to the van or proceeds thereof. Husband shall keep the truck as his sole and separate property. Wife waives any and all claims to the truck, or the proceeds therefrom. 3.6 Bank Accounts. At the time of separation, the parties had interest in a joint checking account with Members First Bank. The parties acknowledge that this financial account has been mutually divided to the satisfaction of both parties as of the 7 date of Beparation and is now Husband's sole property. 3.7 Pension. During the Marriage, Wife acquired a 401(k) account, which account is held by Merril Lynch mutual (Account Number 872-05622), a copy of this statement is attached hereto as Exhibit A. The account is valued at $14,374.58 as of the date of separation. Husband shall receive the total amount of $14,000.00 value as a rollover into a qualified retirement account. The rollover shall occur by a Qualified Domestic Relations Order prepared by cOLlnsel for Husband. Said rollover shall be completed so as not to incur any tax or other liability for Wife. If Wife is subject to any tax because of the rollover, Husband agrees to indemnify and hold Wife harmless from any such cost or loss she might incur. Husband agrees to take all steps necessary to effectuate the rollover within thirty (30) days of this Agreement. Wife hereby specifically waives any claim she may have against any retirement of Husband, and acknowledges that Husband may have a retirement plan or account to which the parties may have contributed marital property over the course of the marriage. Husband certifies that any such plan ha.d a value of less than $1000.00 on the date of separation. Each of the parties acknowledges, without the necessity of an expert valuation, that retirement assets may prove to comprise a substantial percentage of the entire marital estate. Nonetheless, each party desires to effectuate the conditions of this paragraph 8 and to waive and specifically releases any claim they may have as to any retirement assets not disposed of in this Marriage Settlement Agreement. Each party hereby further agrees to execute immediately upon demand any documents as may be required by any retirement plan adw.inistrator to confirm, coordinate, or effectuate, said disposition of retirement accounts. ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are responsible for all such bills, obligations, and debts. Husband' and Wife each agree to hold the other free and harmless from any and all liability that may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both part ies agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 Spec~f~c Outstand~na Debts of Husband. Husband agrees 9 to accept sole responsibility for, and to hold Wi.fe free and harmless from any and all liability which may arise from any account or debt that is solely in Husband's name. 4.3 Specific Outstanctina Debts of Wife. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability that may arise from any account or debt that is solely in Wife's name. ARTICLE V - ALIMONY AND SPOUSAL SUPPORT. 5.1 Alimonv. Pursuant to this Agreement of the parties, each party waives any right they may have to seek alimony, alimony pendente lite, spousal support, maintenance, or the like. ARTICLE VI - MISCELLANEOUS PROVISIONS. 6.1 Attornevs Fees UPon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be respDnsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledCje that execution of this ACjreement is not the result of any duress or 10 undue influence and that is not the result o,f any collusion or improper or illegal agreement or agreements. 6.3 Counse~ Fees. Husband and Wife agrBe to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 6.4 Mutua~ Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or dlaims in the nature of 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 any other rights of a surviving spouse to participate in a deceased spouse' S estate, whether arising 11 under the laws of (al Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at' any time hereafter have for past, present, or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the maritalielation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisiol1s of this Agreement relating to these claims as a final settlement for all purposes, Pennsylvania Divorce Code. as contemplated by the 12 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of ,each of them, including those for necessities, except for the obligations arising but of this Agreement. Husband and wife each warrant, covenants, represent and ~gree that ea6h will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases f satisfactions, deeds 1 notes, or such other writings as may be necessary or desirable for the proper implementation of 13 this Agreement, and as their respective counsel agree should be so executed in order to carry effectively the' terms of this Agreement. 6.8 ' Governiria Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Bindina. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire Aareement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth shall mutually out fully and herein. 6.11 Severabili tv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this ll.greement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or mor~ of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely 14 for purposes of convenience and are not to be construed as controlling. 6.12 Eauitab1e Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant they have made a full disclosure of all execution Agreement and that and represent that assets prior to the agreement was entered of this this into in reliance upon that disclosure. 6.14 Effective Date. The effective date of this Aqreement shall be the date upon which it is executed. This Agreement shall be deemed to have been executed on the date the last party signing it shall have signed. 6.15 Enforceabilitv and Consideration. This Agreement shall survi ve any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefi ts to be obtained by both of the parties hereto and the 15 covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement ,and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have SQ~ their hands and seals the day and year first written above. WITNESSED BY: j' ; '! ' -! (~,u1.j /.J;S~ KELLI L. GutSHALL1 WIFE Y,ITNES // If V 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, theJ~ay Of~~)~ SS 2005, before me, the undersigned officer, personally appeared Kelli L. Gutshall, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. , /' ., //' h~~./ ansL official y\...t /' . / / seal. IN WITNESS WHEREOF, I hereunto set my ,.' t.. COMMONWEALTH OF PENNSYLVANIA :SEAL WWASUMIU-IIJWVNl NolaIY PutllIC IlEWC\MElllAND IlOllOUIiH CIMBIWIl COUNIY CammlIII7n Noll 16.2007 SS COUNTY OF CUMBERLAND On this, the/lf-l'-day of ~1.t1 2005, before me, the undersigned officer, personally appeared David W. Gutshall, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My d/t.t/l trll Conunis~ion c;Jk/lJ;/!.. Expires: 17 Notarial Seal Shelb~ A. Minich, Notary Public Camp H1I.l ?oro. Cumberland County My CommiSSion Expires Aug. 20, 2005 Member. Pennsylvania Ass,xiafion OfNotarJes Barbara SlUllple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KELLI L GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, NO, 04-4032 DAVID W GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VlT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 13,2004, 2, The marriage of the Plaintiff and Defendant is irretrievably broken Ninety days have elapsed since the filing and service of the Complaint, 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted, 5, I verity that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa, C,S,A. Section 4904 relating to unsworn falsification to authorities, DATE: L.-j -\ '6-0S ~iJJjr\h,.bh ELL! L. GUTSHALL --------- ;\ I"~ "'..._i- ',-~~I . ' " ) - Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 77 4-1445 KELLI L GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-4032 DAVID W GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verifY that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa,CS, 94904 relating to unsworn falsification to authorities, DATE y! I'D \O~ cit .. PIJ~ LI L. GUTSHALL '~ ("', in- "'J f",--~ e. . , C:~ II 1- KELLlE L. GUTSHALL, Plaintiff, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No, 04-4032 CIVIL TERM DAVID W, GUTSHALL, Defendant, : CIVIL ACTION - AT LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT tINDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 13,2004, 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date ofthe filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4, I verity that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. uate:Qt ~:~ I{,/ ~Signature: (1. J V. 4-;l:tI/ DAVIDW~~ " r' .,,-,\ f t pi,: ' , L'lcl., 11, Ii Ubc ( -" -,-I :::J l"j r:'? c:~) -' KELLI L. GUTSHALL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY THIS AGREEMENT, IAGE SETT made this d__ day of 2005, by and between KELLI L. GUTSHALL of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wife; and DAVID W. GUTSHALL of New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married in September 16, 1989 in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are bona fide res'idents of the Commonweal th of Pennsylvania and have been so for at: least the past six months; and WHEREAS, two (2) children were born of this marriage, being Sara C. Gutshall, born April 14, 1990, and, Samuel L. Gutshall, born May 3, 1992; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since December 26, 2002; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all 1 financial and property rights between them, their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, spousal support, and all other matters which may be considered under the Divorce Code; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Joseph D. Caraciolo, Esquire; and Wife, was represented by Barbara Sumple- Sullivan, Esquire, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 2 ARTICLE I - SEPARATION 1.1 Seoaration. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Nei ther party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a 3 condi tion to this agreement, to execute the necessary divorce consents required by Section 330l(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement ,is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for 'all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation 4 and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 IncorPoration of Aareement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree '.c lL or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property ,in a manner which conforms to the cri teria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other c .' party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 3.2 Satisfaotion of Riahts of Eauitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinauishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Personal and Household Prooertv. Husband and Wife do hereby acknowledge that they have heretofore divided the non- 6 marital and marital personal and household property, including, but without limitation, jewelry, clothing, furniture, and other assets. Husband agrees that all assets presently in Wife's possession shall be the sole and separate property of Wife. Wife agrees that all assets presently in Husband's possession shall be the sole and separate property of Husband. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. 3.5 Motor Vehicles. The parties acknowledge that there were two marital vehicles being a 1997 Plymouth Voyager van and a 1983 Chevrolet Cheyenne truck. Since separation, Wife paid the remaining encumbrance on the 1997 van to Members First Credit Union in the amount of Four Thousand Two Hundred Twenty-nine Dollars and 48/100 \$4,229.48). Husband transferred title of the van to Wife and hereby releases any claims to the van or proceeds thereof. Husband shall keep the truck as his sole and separate property. Wife waives any and all claims to the truck, or the proceeds therefrom. 3.6 Bank Accounts. At the time of separation, the parties had interest in a joint checking account with Members First Bank. The parties acknowledge that this financial account has been mutually divided to the satisfaction of, both parties as of the 7 date of ~eparation and is now Husband's sole property. 3.7 Pension. During the Marriage, Wife acquired a 401(k) account, which account is held by Merril Lynch mutual (Account Number 872-05622), a copy of this statement is attached hereto as Exhibit A. The account is valued at $14,374.58 as of the date of separation. Husband shall receive the total amount of $14,000.00 value as a rollover into a qualified retirement account. The rollover shall occur by a Qualified Domestic Relations Order prepared by counsel for Husband. Said rollover shall be completed so as not to incur any tax or other liability for Wife. If Wife is subject to any tax because of the rollover, Husband agrees to indemni fy and hold Wife harmless from any such cost or loss she might incur. Husband agrees to take all steps necessary to effectuate the rollover within thirty (30) days of this Agreement. Wife hereby specifically waives any claim she may have against any retirement of Husband, and acknowledges that Husband may have a retirement pl'an or account to which the parties may have contributed marital property over the course of the marriage. Husband certifies that any such plan had a value of less than $1000.00 on the date of separation. Each of the parties acknowledges, without the necessity of an expert valuation, that retirement assets may prove to comprise a substantial percentage of the entire marital estate. Nonetheless, each party desires to effectuate the conditions of this paragraph 8 and to waive and specifically releases any claim they may have as to any retirement assets not disposed of in this Marriage Settlement Agreement. Each party hereby further agrees to execute immediately upon demand any documents as may be required by any retirement plan administrator to confirm, coordinate, or effectuate, said disposition of retirement accounts. ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability that may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 SDeci:fic Outstanctina Debts of Husband. Husband agrees 9 to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from any account or debt that is solely in Husband's name. 4.3 Snecific Outstandina Debts of Wife. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability that may arise from any account or debt that is solely in Wife's name. ARTICLE V - ALIMONY AND SPOUSAL SUPPORT. S.l Alimonv. Pursuant to this Agreement of the parties, each party waives any right they may have to seek alimony, alimony pendente lite, spousal support, maintenance, or the like. ARTICLE VI - MISCELLANEOUS PROVISIONS. 6.1 Attornevs Fees unon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreemeht. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or 10 undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agr.ee to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement' was prepared jointly by their respective attorneys. 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of 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 any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising 11 under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at' any time hereafter have for past, present, or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, Pennsylvania Divorce Code. as contemplated by the 12 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except 'as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, .liabili ties or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document 'Execution, The parties agree that they will promptly execute any and all written instruments, assignments, releases f satisfactions, deeds, notes, or such other wii tings as may be necessary or desirable for the proper implementation of 13 this Agreement, and as their respective counsel agree should be so executed in order to 'carry effectively the'terms of this Agreement. 6.8 'Goverhiha Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Bindina. This Agreement shall be binding and shall inure to the benefit of th~ parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 ~ntire Aareement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth shall mutually out fully and herein. 6.11 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shil-ll be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely 14 for purposes of convenience and are not to be cohstrued as controlling. 6.12 Eauitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which' was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Cowmonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Effective Date. The effective date of this Agreement shall be the date upon which it is executed. This Agreement shall be deemed to have been executed on the date the last party signing it shall have signed. 6.15 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the 15 covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement ,and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. WITNESSED BY: C;JiUlj /i~Ld.;J KELLI L. GUTSHALL, WIFE (J · ,I!<I~ DAVID W. GUTS LL, USBAND 16 , . COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the I 21tday ofQfll1.& 2005, before me, the undersigned officer, personally appeared Kelli L. Gutshall, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement JI.greement, and acknowledged that she executed the same for the purposes therein contained. ,l/ / IN WITNESS WHEREOF, I hereunto seal. c COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND r- On this, theJ!L day of -o/itJ 2005, before me, the undersigned officer, personally appeared David W. Gutshall, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My d/~h~ '1lk/Jd;~1- Commis ion Expires: Notarial Seal Shelb~ A. Minich. Notary Public Camp Hill Bora, Cumberland County My Commission Expires Aug, 20, 2005 Member, Pen~sytvan!a Association OfNotanss 17 C) r-' S? c:) ,.--- t:-::-'> t_'''' :~ ~. :,.-" (1'1 ..,... r~ _rC ',~r~ - - " r " T'" - ;--\ ,- -.'::' -,;:~ r----:) I - Barbara Sumple-SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KELL! L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-4032 DAVID W, GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE I CUSTODY 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 3301(c) of the Divorce Code, 2, Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on August 19, 2004. 3, Date of execution ofthe affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff April 18, 2005; by Defendant April 16, 2005, 4, Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated April 18 2005 and incorporated, but not merged, into the Decree, See paragraph 2.3, page 5 ofthe greement. Dated: May~, 2005 5, Date Plaintiffs Waiver of Notice in 3301(c) Di orce filed with Prothonotary: April 22, 2005. Date Defendant's Waiver of Noticein 330 c) 'vorce was filed with Prothonotary: May 11, 2005. I Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-SuIlivan, Esquire Supreme Court #323 I7 549 Bridge Street New Cumberland, PA 17070 (71 7) 774-1445 KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-4032 DAVID W, GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE / CUSTODY CERTIFICATE OF SERVICE I, Barbara Sump Ie-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy ofthe foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Joseph D. caraciolo, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 DATED: May 10, 2005 I < Barbara umple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff C) ",> (") C::.:' C'" (:;.----:) 'I 0-1 =r: ::;! i"'11 :2]' -,:; ~:.:: -~ ." -j \.~; -/r() J"::'" :;~l _i.. ( ) , I n ., l'''_' ~l) N .-< .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;+.;ti :+: :+::f.:f.:+::f:+::f.:f. 'to; . :+::+::+::+:++ :+::+: :+: +:+::+:++++ :+::+: +.++.:t:+.++ +:+:+:+:++++++++:+:++:+::+:++.+ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF KELLI L. GlJrSHALL, Plaintiff VERSUS DAVID W. GUTSHALL, Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:-1; + + AND NOW, DECREED THAT AND PENNA. No. 04-4032 DECREE IN DIVORCE I?-' 2005 ,IT IS ORDERED AND ......-n-,.., KELLI L. GUTSHALL , PLAINTIFF, DAVID W. GUrSHALL , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated April 18, 2005 and incorporated, but not merged, into the Decree. . . :+: :+:+:+:;+:+:t:'f:+:+:+:+::+:+:+:+++:+ . . . . . . . j, . . . . . . . PROTHONOTARY . . . . :+: :+: +. Of +' +. :+: :+: :+: :+: :+ 'f +. +'1; $h~~, Of. +'f':+: 'f':f. 'f:+.+++:+:++:+: +'1' +.:+::+::+::+:'f+:+: . . ~;YP1?-9 f;y.2-. r,;"?Mt ?;p';L, ~.~ P p." /Y'77W -?d'V;??{7 >-0 J,' ,- .. ,{,/ >iJ Y-.Y 11 KELLI L. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant QUALIFIED DOMESTIC RELATIONS ORDER DIVIDING THE DURANCO INC. PIS PLAN STIPULATION OF QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this court has jurisdiction over petitioner and respondent and the subject matter of this Order; and WHEREAS, petitioner, respondent, and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO" as that term is used in the Retirement Equity Act of 1984); and WHEREAS, petitioner and respondent have stipulated that the Court shall enter this Order. WHEREAS, the Participant and the Alternate Payee have agreed to the division of marital property, which agreement provides for the entry of a Qualified Domestic Relations Order pursuant to Section 4l4(p) of the Internal Revenue Code, as amended, to provide for the diVision and disposition of a portion of the Paiticipani's benefit.; under the Plan and to grant to the Alternate Payee rights to such benefits in such amount and on the terms and conditions prescribed in this Order and in the Plan; and WHEREAS, this assignment of benefits does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan as determined under Section 414(P) of the Internal Revenue Code; this assignment does not require the Plan to provide increased benefits (determined on the basis of actuarial value); and this assignment does not require the Plan to provide benefits to the Alternate Payee which are required to be paid to " I another alternate payee under another order previously determined to be a qualified domestic . relations order. 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean the Plaintiff, Kelli 1. Gutshall, whose current mailing address is: 284 Redwood Lane, Carlisle, Cumberland County, Pennsylvania, 17013, who was born on February 24, 1967, and whose Social Security Number is 201-52-1422, and has been employed by Doranco, Inc, a participant in the Doranco Inc. profit sharing Plan (defined below the "plan"). (b) "Alternate Payee" shall mean the Defendant, David W. Gutshall, whose current mailing address is 39 Meadowbrook Court, New Cumberland, Cumberland County, Pennsylvania, 17070, who was born on : July 22, 1952, and whose Social Security Number is 165-38-1485. The Alternate Payees is the Husband of the Participant. (c) "Plan" shall mean the Doranco Inc profit sharing plan. (d) "Plan Administrator" shall mean Doranco Inc., 3906 Market Street, Camp Hill, Peunsylvania, 17011. 2. Participant and Alternate Payee were married on September 16, 1989, were separated on December 26, 2002, and divorced on May 17, 2005 in Cumberland County, Pennsylvania. 3. Alternate Payee is awarded $14,000.00 in one lump sum payment from the Participant's vested account balance under the Plan as his sole and separate property, 4. Alternate Payee's interest in the Plan shall be limited to $14,000.00 of the Participant's vested account balance. 5. The Plan is hereby ordered to pay the Alternate Payee's Benefit to the Alternate Payee in a lump sum, equal to the value described in paragraph four (4) above. 6. The distribution shall be made as soon as is administratively feasible and in a manner that is not inconsistent with the terms of the Plan. As herein referred to, the "Valuation Date" shall mean the last business day of the calendar month or such other day as the Plan Administrator may determine. To satisfy the provision of this Order, the Plan is ordered to liquidate, at the discretion of the Plan Administrator, sufficient assets from any and all of the " investment funds of the Participant's Plan account to pay the Alternate Payee's Benefit to the Alternate Payee. 7. If the Alternate Payee should die prior to receiving a disbursement of his total benefit in the Plan, the remaining unpaid benefit, if any, shall be payable as provided in the Plan as a death benefit to the Alternate Payee's estate. S. In the case of the Participant's death. 1he Alternate Payee shall not be treated as the Participant's spouse under the Plan, but shaH receive only the amount as described herein. 9. The Alternate Payee prior to receipt of payment shaH complete and file with the Plan a federal and/or state income tax withholding form. 10. The Participant shaH cause a copy of this Order to be served on the Plan Administrator for the Plan forthwith. This Order shall remain in effect until further order of this Court. 11. Nothing contained in this Order shaH be construed to require any Plan or Plan administrator: (a) To provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant under the Plan; (b) To provide to the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) To pay any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order determined by the Plan Administrator to be a QDRO before this Order is determined by the Plan Administrator to be a QDRO I' 1- . 12. In the event the Plan Administrator of the Plan does not approve the form of this Order, then each party shaH cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Plan Administrator. 13. This Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as is necessary to establish or maintain its qualifications as a QDRO, provided, however, neither this Order nOf any subsequent rt'vision, modification, or amendment shall require the Plan to provide any form or amount of benefits not otherwise provided by the Plan. WHEREFORE, it is intended that this Order shaH qualify as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974 and Section 414(p) of the Internal Revenue Code, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or to maintain its status as a Qualified Domestic Relations Order. So stipulated: kJ iJ..'rkil KELLI 1. GUTSHALL Participanj Date: '!(':l!OS . . DAVID W. G TSHALL Alternate Payee Date:fo - J -0 J (') c; \Jt',\i C.l)':.' ....., = = "" <....- c:: z o "TI ..... :r:::D rnr -OjjJ, :n~r' .:) (-} ~~~~ r,,~rn :=', ;.:-"" .13 ."" (J1 -a :::1; t:~ .r. - II RECEIVED JUN l6mf I ! , " . . KELLI 1. GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 04-4032 CIVIL TERM DAVID W. GUTSHALL, Defendant QUALIFIED DOMESTIC RELATIONS ORDER : DIVIDING THE DURANCO INC. PIS PLAN . -"T" .,. r.......,."1 T ,1' f\.J'IU l'lU VV, \Ill;') zo~ , " 'lay U1 ~,~- '"'lilAC "::'VV~', .1.._ ut...... ".j-" ~ ,. 1.~.-1 aLlCl'-'l1!wU . Stipulation of Qualified Domestic Relations Order is hereby approved as an ORDER of this Court. The parties are directed to comply with aH the terms and conditions of the Stipulation. BY THE COURT: J. Distribution: ~a SUI''1ple-Sul'ivan (Attorney tlX Plaintiff) 549 Bridge Street, New Cumberland, Pennsylvania 17070-1931 ~ph D. Caraciolo (Attorney for Defendant) 2108 Market Street, Camp Hill, Pennsylvania 17011 ~ FILE[}-OfFiCE OF TH~ ppr\,i'Un"n"'Qv II: , l\J 1 ; .' .)1 ~ .J :i"\i ,~ 2005 J' "d 20 PI" ',. "8 Uli " J. J C' "..i....'. .... . ...!' 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