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HomeMy WebLinkAbout02-0579KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2002- 5 72 CIVIL TERM CHARLES E. GUTSHALL, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. KARIN SIMPSON GUTSHALL, Plaintiff V. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-,5'x'9 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, Karin Simpson Gutshall, by her attorneys, Irwin, McKnight & Hughes, Esquire, and files this Complaint in Divorce against the Defendant, Charles E. Gutshall, upon the cause of action hereinafter set forth: 1. The Plaintiff is Karin Simpson Gutshall, an adult individual residing at 124 North 30`s Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charles E. Gutshall, an adult individual residing at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on October 10, 1987 in Mansfield, Pennsylvania, and separated on or about October 7, 2000. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were three (3) children born to this marriage; namely, Caroline E. Gutshall, born April 5, 1988, age 13 years; Matthew F. Gutshall, born October 14, 1991, age 10 years; and C. Emory Gutshall, born April 20, 1995, age 6 years. 7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment a. Dissolving the marriage between the two parties; b. Equitably distributing all property, both personal and real, owned by the parties; C. for legal fees and costs; d. for spousal support, alimony pendente lite and alimony; and e. for such further relief as your Honorable Court may deem equitable and just. Respectfully submitted, By: 7777 S Marcus A. Mc 6u III, Esquire Attorney for lain West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January a14rof 2 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. KA%kIN SIM S GUTSHALL Date: January -A?L- , 2002 KARIN SIMPSON GUTSHALL. Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- CIVIL TERM CHARLES E. GUTSHALL, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Januaryok-1, 2002 SIM O GUTSHALL n a - ? V r g ?? W gym A r 1 C9 KARIN SIMPSON GUTSHALL, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-579 CIVIL TERM CHARLES E. GUTSHALL, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, attorney for the defendant in the above-captioned divorce action, hereby agree on behalf of my client, Charles E. Gutshall, to accept service of the Complaint in Divorce which was filed on February 1, 2002. Samu.Andes, quire 525 North Twelfth Street Lemoyne, PA 17043 Supreme Court I.D. No. (717) 761-5361 Attorney for defendant, Charles E. Gutshall Date: /¢ ' 2002 C7 Ca -. ? ` D te - r . u G N ?- . KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 579 CIVIL IN DIVORCE AND NOW comes Petitioner Karin Simpson Gutshall by and through her counsel REAGER & ADLER, PC, and moves to compel discovery as follows: Plaintiff is Karin Simpson Gutshall, an adult individual residing at 601 St. John's Drive, Camp Hill, PA 17011. 2. Defendant is Charles E. Gutshall, an adult individual residing at 215 Northgate Drive, Camp Hill, PA 17011. Plaintiff and Defendant are husband and wife involved in a divorce action filed on February 2, 2002. On July 22, 2003, Plaintiff issued her first Request for Production of Documents to Defendant. Said request was served on Defendant's counsel by first class mail on July 22, 2003. 6. Pursuant to the Rules of Civil Procedure 4003.3 and 4009, Defendant's responses were to be provided within thirty (30) days of service of the discovery requests. To date, no such information has been provided. 8. The majority of this request seeks information solely in the control of the Defendant. Without such information, Plaintiff is unable to proceed with the equitable distribution of her case. WHEREFORE, Plaintiff requests this Honorable Court to issue an Order requiring the Defendant to comply with the Request for Production of Documents. Respectfully submitted, DATE: ?1z vl0j- REAGER & ADLER, PC Lira e son Cantor, Esquire ey ID o.: 66378 2331 t Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Karin Simpson Gutshall CERTIFICATE OF S .RVICX I hereby certify that on the date set forth below a true and correct copy of the foregoing Motion for Sanctions was served on the following individuals via United States First Class Mail, postage prepaid as follows: Dated:8l,?-7/D J Samuel Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 De a e on an 9 tor, Esquire y ID No, )378 2331 Mar e et Camp Hill, PA 17011 (717)730-7366 h C7 z MI KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 579 CIVIL CHARLES E. GUTSHALL Defendant IN DIVORCE AND NOW this .19' day of A??T _ , 2003, a Rule to Show Cause is issued on Defendant to give any reason why Plaintiff's Motion to Compel Discovery Requests should not be granted. Rule returnable within zo days of service. *5 OCA, BY THE COURT ViNVj%IXSNN38, ?nr,? rr, -:N11? KARIN SIMPSON GUTSHALL, Plaintiff Vs. CHARLES E. GUTSHALL, Defendant NOTICE TO PLAINTIFF NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-579 IN DIVORCE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: 23 September 2003 'bQQQ Sarnuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-579 IN DIVORCE ANSWER TO PLAINTIFF'S MOTION TO COMPEL AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Motion to Compel: 1 through 5. Admitted. 6. No answer required. The Rules speak for themselves and the statements in this Paragraph are merely a conclusion of law. To the extent an answer is required, Defendant incorporates herein by reference the statements made i,n the New Matter. 7. Defendant admits that he has not provided dDcuments in response to Plaintiff's Request for Production but states that he has offered to produce documents and more information and incorporates herein by reference the averments set out in his New Matter. 8. Denied. Defendant has offered to provide information to Plaintiff in a fashion that would provide for useful information than mere documents. Defendant incorporates herein by reference the averments set out in his New Matter. WHEREFORE, Defendant moves this court to dismiss Plaintiff's Motion. NEW MATTER 9. Defendant has previously provided financial information to Plaintiff and her attorney and has offered to produce additional information in exchange for similar information from Plaintiff. 10. Defendant has promised that both parties and their counsel meet to exchange documents and information and make the parties available to answer questions about that information so that the exchange of information will be beneficial and useful to both sides. 1 1 . To date, Plaintiff and her counsel have refused to meet with Defendant to discuss the finances of the parties and the information each party has about those finances and has demanded instead that Defendant produce documents without any explanation. 12. Defendant believes that an orderly exchange of information, which can be best done with the parties available to explain documents as they are discussed, will be beneficial to both parties and may well lead to a conclusion of the case without further litigation. 13. Defendant believes that Plaintiff's motive in pursuing formal discovery rather than the informal discovery which he has repeatedly proposed is to increase the aggravation, frustration, and expense caused by this litigation. WHEREFORE, Defendant moves this court to dismiss Plaintiff's Motion to Compel Discovery, or to withhold action on that discovery until the parties and their counsel meet to voluntarily exchange the information as proposed by Defendant. a e L. -A es, Esquire Attorney for Defendant Supreme Court ID # 17225 525 North 12`h Street Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011 Date: 23 September 2003 &ny `m. Amy . Harkins ecretary for Samuel L. Andes ?« ;? C?rt, ?t :;:? ? :_ N _.;T? ,. F'? ?7 t3? S:1R&A FAMILY LAIMCLIENT DIRECTORY\GUTSHALL, KARIMPLEADINGSTRE-TRIAL STATEMENTMOC May 3, 2004 KARIN SIMPSON GUTSHALL, Plaintiff, V. CHARLES E. GUTSHALL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-579 IN DIVORCE PRE-TRIAL STATEMENT OF' I KARIN SIMPSON GUTSHALL 1. BACKGROUND INFORMATION: PLAINTIFF: 1. Name: Karin Simpson Gutshall 2. Address: 601 St. John's Drive Camp Hill, PA 17011 3. Age: 45 4. Date of Birth: 10/15/1958 5. Educational B ackground: Juris Doctorate 6. Health: No health issues 7. Occupation: Attorney 8. Employer: Commonwealth of Pennsylvania, Department of Health DEFENDANT: 1. Name: Charles E. Gutshall 2. Address: 215 Northgate Drive Camp Hill, PA 17011 3. Age: 45 4. Date of Birth: 1/1/1959 5. Educational B ackground: Juris Doctorate 6. Health: No health issues SARA FAMILY LAIMCLIENT DIRECTORYIGUTSHALL, KARINTLEADINGSTRE•TRIAL STATEMENT.DOC May 3, 2004 7. Occupation: Attorney 8.. Employer: Rhoades & Sinon CHILDREN OF THIS MARRIAGE: 1. Caroline E. Gutshall Date of Birth: April 5, 1988 2. Matthew F. Gutshall Date of Birth: October 14, 1991 3. C. Emory Gutshall Date of Birth: April 20, 1995 The parties share legal and physical custody of the minor children. MARRIAGE INFORMATION: 1. Date of Marriage: October 10, 1987 2. Place of Marriage: Mansfield, PA 3. Date of Separation: October 7, 2000 4. Date Action Commenced: February 1, 2002 5. Issues Raised: Divorce, Equitable Distribution, Fees and Costs, Alimony H. INCOME 1. Husband is employed at Rhoades & Sinon. Husband's 2003 earnings are unknown. 2. Wife is employed at Commonwealth of Pennsylvania, Department of Health. Wife earns $78,799 per year. She provides her own health insurance and participates in SERS. SARA FAMILY LAIMCLIENT DIRECTORY\GUTSHALL, KARIMPLEADINGSTRE•TRIAL STATEMENTMOC May 3, 2004 III. ASSETS: A. Real Pronerty 1. 215 Northgate Drive, Camp Hill, PA (Joint) Husband has resided in this property since separation. It is expected that Husband shall retain the home in equitable distribution. It is subject to a jointly held mortgage with an approximate balance of $95,000. 2. 610 St. John's Drive, Camp Hill, PA (Wife) Wife is the owner of this real property. At the time of separation, Wife withdrew $70,000 from the parties' Schwab account 39790046 for the purchase of a property located at 124 N. 30`h Street, Camp Hill. This property was sold and the proceeds used to purchase the current residence. Wife considerers the receipt of $70,000 an advance on equitable distribution B. Retirement Plaintiff: Schwab IRA account # 39790278 with an approximate balance of $19,000. 2. Schwab IRA account # 39790272 with an approximate balance of $93,500. 401(k) Latsha, Davis & York, with an approximate balance of $35,000. Defendant: Schwab IRA 39790042 with an approximate balance of $47,500. 2. 401(k) Rhoades & Sinon with an approximate balance of $260,000. Joint: Schwab account # 39790046 2. Schwab account # 39790043 with an approximate balance of $34,500. 3. Schwab account # 39790045 with an approximate balance of $430,500. 4. Schwab account # 39790047 with an approximate balance of $12,000. S:\R&A FAMILY LAMCLIENT DIRECTORY\GUTSHALL, KARINTLEADINGSTRE-TRIAL STATEMENT.DOC May 3, 2004 5. Fidelity with an approximate balance of $20,000. 6. 1300 shares PNC with an approximate value of $70,000 7. Savings Bonds, unknown amount and ownership. 3. Vehicles. 1. 1999 Ford Explorer 2. 1991 Volvo Station Wagon Wife drives the 1991 Volvo. Husband drives the 1999 Ford Explorer which is subject to a loan. F. Life Insurance 1. Plaintiff: None 2. Defendant: Northwestern Whole Life insurance policy with an approximate cash value of $30,000. G. Household Goods 1. Defendant - Sports Memorabilia H. Business Interest 1. Plaintiff: None 2. Defendant: Husband is a partner with Rhoades & Sinon. III. MARITAL PROPERTY TRANSFERRED A. See summary of $70,000 advance on equitable distribution. B. Husband used marital property to pay his support obligation, and this amount will must be credited to him as an advance on equitable distribution. S:\R&A FAMILY LAW\CLIENT DIRECTORY\GUTSHALL, KARIN\PLEADINGSIPRE-TRIAL STATEMENT.DOC May 3, 2004 IV. MARITAL DEBT A. Loan. 1. Mortgage obligation on 215 Northgate. 2. Vehicle loan on 1999 Ford Explorer. V. WITNESSES A. Expert. 1. Appraiser for 215 Northgate if parties cannot agree on value. B. Fact: 1. Karin Simpson Gutshall. Karin shall testify to the history of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code as related to Equitable Distribution, Costs and Fees and Alimony. 2. Charles Gutshall, as on cross, relating to the history of the marriage; identification and valuation of marital assets and debts; other :relevant testimony relating to the factors set forth in the Divorce Code as related to Equitable Distribution, Fees and Costs, and Alimony. Respectfully Submitted, READER, ADDLyER, &, PC Date: -3 - py By. ?Q? YJ" al's Qlvkqs f DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 :Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Karin Simpson Gutshall S:\R&A FAMILY LAMCLIENT DIRECTORY%GUTSHALL, KARIN\PLEADINGSTRE-TRIAL STATEMENT.DOC May 3, 2004 CERTIFICATE OF SERVICE AND NOW, this 3`d day of May 3, 2004, I hereby verify that I have caused a true and correct copy of the foregoing document, Pre-Trial Statement of Karin Simpson Gutshall to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 E. Robert Elicker, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Date: 5-9 -04 By: - & ?N1 "` j--?/S DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 N o O T:ia r 1 W _aM t ? _ Y Gi_ ? _ pC7 yC?L _ om CJ7 -G KARIN SIMPSON GUTSHALL UMB CRLANNDT COUNTY, OENNSYL OANIA Plaintiff, CIVIL ACTION - LAW V. NO. 2002-579 CHARLES E. GUTSHALL Defendant. IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Marcus A. McKnight„ III, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. RESPECTFULLY S I3Mi ? By: O ? Marcus t, III, quire 60W omfret treet Car isle, PA 17013 (71 -2353 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Debra Denison Cantor, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. Respectfully submitted, REAGER & ADLER, PC By: )emson Cantor, Esquire ftwo. 66378 2331 Market Street Camp Flill, PA 17011 (717) 763-1383 ?^? C? N c^..+ CJ ?^} '? 1 1 1"t?; {.I v, ,,, C° z7? [: - y ,. , ,. c? ? n ?"'?`? na fir" =-j .. .c- w -J -< KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2002-579 CHARLES E. GUTSHALL, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Max J. Smith, Jr., Esquire and Jarad W. Handelman, Esquire as counsel for Karin Simpson Gutshall, Plaintiff in the above-captioned matter. 1, "M ?? Date: February 2006 Max J. Smith,., Esquy I.D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 J _y -? `... ICJ 1. .... ? r_ KARIN SIMPSON GUTSHALL, Plaintiff V. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-579 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Debra Denison Cantor, Esquire as counsel for Karin Simpson Guttshall, Plaintiff in the above-captioned matter Date: May JZ2006 Deb iso ,Cantor, Esquire I.D. No. 8 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 n 4 ?:?? -?'^ N (7?} -? ? (_7 ,''-i.. ?ilT .? ? T { Ga KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-579 IN DIVORCE DEFENDANT'S PETITION TO CONFIRM AGREEMENT WAIVING ALIMONY AND NOW, comes the above-named Defendant, by his attorney, Samuel L. Andes, and Petitions the Court to confirm an agreement made by the parties in this action whereby the Plaintiff waived any claim for alimony, alimony pendent elite, or spousal support, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties are the parents of three minor children. Plaintiff, Defendant and the three children resided together at the marital residence at 215 Northgate Drive in Camp Hill, Hampden Township, Cumberland County, Pennsylvania, until Plaintiff moved from the marital residence in September of 2000. 3. At the time of separation, and for approximately a month or more prior to that, Plaintiff and Defendant were engaged in extensive negotiations regarding Plaintiffs plans to separate from Defendant. Those negotiations included the custody of the children, financial support to be paid by Defendant to Plaintiff and the division or other disposition of their marital assets. 4. The negotiations concern the demand by Plaintiff that she have primary physical custody of the children so that they would spend more than 50% of their time with her. In response to that, Defendant offered that he would not seek a reduction in the child support he would otherwise owe Plaintiff if he had the children 50% or more of the time in exchange for which Plaintiff would agree not to seek spousal support or alimony of any type. 5. Both Plaintiff and Defendant are attorneys although neither of them practice domestic law. During the negotiations in September of 2000, Plaintiff was represented by Kathleen Carey Daley, Esquire, and Defendant was not represented. 6. During the negotiations in the fall of 2000, the parties reached agreement for the custody of their children, financial support Defendant was to pay to Plaintiff and at least a partial distribution of some of their marital assets. That agreement included the following terms: A. The parties would share legal and physical custody of their children on an equal basis. The parties even worked out a specific schedule of physical custody for the children. B. Defendant would pay Plaintiff $3,000.00 per month as child support, which was an amount in excess of the payment required by the law or by the support guidelines then in effect since Defendant had physical custody of all three of the children 50% of the time. C. Plaintiff agreed to waive her claim for spousal support, alimony, or alimony pendente lite in light of the agreement to share physical custody of the children equally and the increase to child support Defendant agreed to pay. D. After the parties reached the agreement outlined above, Plaintiff withdrew her complaint in divorce and the claims she had previously made for spousal support, alimony, alimony pendente lite. 7. Although the parties have, on occasion, made minor adjustments to the custody schedule and the child support arrangements, the parties have lived with, followed, and consistently performed the terms of the agreement they reached in September of 2000. The parties have shared physical custody of the children equally, Defendant had paid child support in the amount of $3,000.00 per month, and Plaintiff has not been paid any spousal support, alimony, or alimony pendent elite. 8. The parties have, since September of 2000, reaffirmed the arrangements to which they agreed at that time on several occasions, which have included: A. Plaintiff requested that Defendant sign a document waiving any interest in a new home she was going to purchase. Defendant agreed to do that, only after Plaintiff reaffirmed that she had waived her claim for alimony. B. In early 2003, after Plaintiff filed an action for child support before the Domestic Relations Office and, in that action, at the suggestion of her attorney at the time, included a claim for spousal support, the parties met at the Domestic Relations Office and agreed that Plaintiff had previously agreed not to seek spousal support, alimony pendente lite, or alimony and the parties again reaffirmed that agreement and Plaintiff withdrew her claim for spousal support. Based upon that agreement, the court entered an order awarding Plaintiff child support in the amount of $3,000.00 per month pursuant to the parties' agreement. 9. Plaintiff has now advised Defendant, through her new attorney, that she will assert a demand for alimony in the divorce action pending between them. Such a claim for alimony violates the agreement between the parties and will work significant disadvantage and prejudice upon Defendant. 10. In order for the divorce action between the parties to proceed, the parties, and the Master, need to determine whether there has been an enforceable waiver or bar to Plaintiff's potential claim for alimony based upon the agreement of the parties and their conduct up to now. WHEREFORE, Defendant respectfully requests this Court to confirm the agreement reached by the parties whereby Plaintiff waived any right to spousal support, alimony, or alimony pendente lite, and to bar Plaintiff from making such claim in the pending divorce action. Respectfully submitted, 4uel Esquire Supreme Court ID # 17225 525 North 121' Street Lemoyne, PA 17043 (717) 761-5361 Attorney for Defendant Al. VERIFICATION Charles E. Gutshall, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he makes this verification by its authority and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. Date Charles E. L Ehall r, o•,, _ -. `?? :.? ` -- ? n r t ,_ ?:Ti GJ ^?.? ?. ...... : r - ' 1.? ,?. ` .? j - .-{ ?, IVF JU?V ?{? 706 KARIN SIMPSON GUTSHALL, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. ) CIVIL ACTION - LAW CHARLES E. GUTSHALL, ) NO. 2002-579 Defendant ) IN DIVORCE RULE TO SHOW CAUSE AND NOW, this Zo ' day of _X , 2006, upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff's to show cause, if any she has, why the relief requested therein should not be granted. Rule returnable a O days from service upon Plaintiff's counsel of record. BY THE COURT, J. Distribution: tx " J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 (Counsel for Plaintiff) J i,8amuel L. Andes, Esquire 525 North 12'" Street Lemoyne, PA 17043 (Counsel for Defendant) 06' r KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-579 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 1, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: r , 2007 10 KARIN SIMPSON GU HAL C? p C`.: cam,,,,- "rt Cy rr. n KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-579 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. •? Date: ? '2007 KARIN SIMPSON G TSHA C`a ^' C .. } t ..sue f!1 E5 KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-579 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 1, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 1,// , 2007 CHARLES E. GUTSHALL 1.16' '- .,, eta "? '- 4 c"' KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-579 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 2007 (:?7 ?? CHARLES E. GUTSHALL C? ??- C:: `?"; __-. -a -ti: - -?, ' ? -z , ' ?_ ??.:7 :: s C , ? ?i . G3'f ? -G KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 579 CIVIL CHARLES E. GUTSHALL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , 2007, the parties and counsel having entered Jo an agreement and stipulation resolving the economic issues on May 1, 2007, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Edgar B. Bayley, P.J. cc: Max J. Smith, Jr. Attorney for Plaintiff Samuel L. Andes .C.l2ca. Attorney for Defendant c\ tz 12.. LEI ?°' Q ray ?? N ` A KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 579 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, May 1, 2007. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Karin Simpson Gutshall, and her counsel Max J. Smith, Jr., and the Defendant, Charles E. Gutshall, and his counsel Samuel L. Andes. This action was commenced by the filing of a complaint in divorce on February 1, 2002, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The Master will file the affidavits and waivers with the Protonotary; therefore, the divorce will be able to proceed under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic claims of equitable distribution, alimony, and counsel fees and costs. The Master has been advised that the parties, after considerable negotiations in this matter, have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record 1 in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The draft of the agreement will be sent to counsel to review with their clients, to allow them to make any correction of typographical errors which they deem necessary. Otherwise, the agreement as stated on the record is the substantive agreement of the parties, not subject to any changes or modifications. The agreement as placed on the record is binding on the parties when they leave the hearing room today. The signing of the agreement by the parties, after correction of typographical errors, if any, is an affirmation of the terms of the agreement as stated on the record. Upon receipt of the completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on October 10, 1987, and separated October 7, 2000. They are the natural parents of three children. Caroline is emancipated; Matthew and Emory are minors and live with both parents. Mr. Andes. MR. ANDES: The parties have agreed to settle all the economic issues and claims in this case on the 2 following basis: 1. There are five assets which the parties have identified and agreed to hold for the purposes of the formal education, both high school and undergraduate college of their three children. Those assets are an investment account with Charles Schwab, identified as account No. 3979-0043 which has a balance at this time of approximately $56,000.00; another account with Charles Schwab, identified as account No. 3979-0045 which has a balance of approximately $60,000.00; and a Charles Schwab account, identified as account No. 3979-0047 which has a balance of about $20,000.00; and a Fidelity investment account which has a balance of about $52,000.00; and approximately 1450 shares of stock in PNC Bank which the parties estimate have a value at this time of $105,000.00. With regard to those accounts, the parties have agreed as follows: a) They will transfer assets having a value of $50,000.00 from the joint account they hold with Charles Schwab which is identified as account No. 3979-0046 to Charles Schwab account No. 3979-0043 and then disburse from account 3979-0043 cash to wife in the amount of $50,000.00. b) They will liquidate the Fidelity account and transfer the balance of that account into Charles Schwab account No. 3979-0043 and transfer from that Charles Schwab account the sum of $50,000.00 in cash to wife. c) Wife will deposit into Charles Schwab account No. 3979-0047, from her separate assets, the sum of $15,600.00. d) After the transfers are made by the preceding subparagraphs, all of the funds remaining in those investment accounts and the PNC stock shall be held by the parties in one or more joint accounts for the purposes of the formal education of their children, both high school and undergraduate college. The parties will agree upon a method to manage those accounts and make disbursements from them and, in the event of any dispute between the parties on those matters in the future, they will, by mutual consent, select another method of managing the accounts and making disbursements from them. e) In the event that there are any funds or balances remaining in any of those accounts or assets after the date that the children have completed their formal undergraduate college education, or at least had ample and 3 sufficient opportunity to complete that education, any remaining funds within those accounts will be divided equally among all three children. 2. The parties will transfer to husband the marital residence at 215 Northgate Drive, Camp Hill, Pennsylvania, by a special warranty deed. Husband shall be responsible to prepare the deed and wife will execute it promptly upon presentation and deliver it back to husband. Husband will be responsible to pay and satisfy in accordance with its terms the balance owed on the mortgage which constitutes a lien upon the property and shall indemnify and save wife harmless from any loss, cost, or expense caused to her by his failure to pay that obligation. Husband will be responsible to obtain wife's own conditional release from the debt which is secured by a first mortgage against the property at the time that wife delivers the deed which the parties anticipate will be within thirty (30) days of today's date. 3. The parties acknowledge that wife withdrew $70,000.00 from a joint account at or near the date of separation and subsequently used those funds to purchase a home in her name. The parties confirm those funds to be wife's separate property and husband waives any further claim to those funds or the assets that wife may have purchased or acquired with them. 4. Wife waives and releases any claim to husband's interest in the Rhoades and Sinon 401(k) plan which the parties have agreed has a marital value at this time of approximately $290,000.00. To the extent necessary, wife will execute any documents to confirm her release and waiver of any interest in that asset. 5. Husband owned two accounts at the time of marriage with Merrill Lynch which were subsequently transferred into a Charles Schwab account, identified as account No. 3201-2294 and a Charles Schwab IRA identified as account No. 5177-4762. Wife waives and releases any claim to those assets and confirms them to be the sole and separate property of husband. 6. Wife has two retirement accounts with Charles Schwab, one being account No. 3979-0272 and the other being an IRA identified as account No. 3979-0278 which have a combined value of approximately $190,000.00. The parties acknowledge that the Charles Schwab IRA contains the funds rolled over from a retirement account with a law firm for which wife 4 worked during the marriage. Husband hereby releases and waives any claim to or interest in either of those accounts and confirms them to be sole and separate property of wife. 7. Husband owns a policy of insurance on his life issued by Northwestern Life Insurance Company which had a cash value at the date of separation of approximately $30,000.00. Wife releases any claim to that policy and confirms it to be the sole and separate property of husband. 8. At the time of separation husband was a partner or member of Rhoades and Sinon, a law firm in Harrisburg Pennsylvania. Subsequent to separation, husband left that firm and received payment for his capital account and other interests in the firm. Wife is aware of those distributions and methods of valuing his interest in the firm and waives and releases any claim to those and confirms his interest in the firm and proceeds thereof to be husband's sole and separate asset free of any further claim by her. 9. The parties own a joint account with Charles Schwab which is identified as account No. 3979-0046 and which has a balance today of approximately $330,000.00. After the transfers required by Paragraph 1 of this agreement are made, husband and wife shall transfer that account to wife's name alone and it shall, after the date of such transfer, which the parties shall complete within thirty (30) days of the date of this agreement, be the sole and separate property of wife free any further claim by husband. 10. Husband shall transfer from one of his retirement accounts, being either an IRA or his 401(k) plan, a sum which will be sufficient to distribute to wife, after taking into consideration the balance in the Charles Schwab account No. 3979-0046 transferred to wife and the transfers to wife in the total amount of $100,000.00 in accordance with Paragraph 1 hereof, a total distribution from all of those sources of $500,000.00. It is anticipated that the transfer by the roll over will be in the approximate amount of $170,000.00 but the parties recognize that they will not know the final amount until all of the transfers have been made from the Charles Schwab account No. 3979-0046. The transfer will be made by a tax free roll over pursuant to a QDRO and the parties will corporate to obtain and implement that order. Husband will be responsible to arrange for the preparation and filing of the QDRO within thirty (30) days after the date of this agreement and the parties will share equally the costs of any actuarial or pension expert fees for the preparation of that order. 5 At husband's sole making the transfer from one wife a sum of cash equal to be the roll over pursuant to option he may, rather than of his retirement accounts, pay the amount that otherwise would this paragraph. 11. The parties have agreed that wife shall receive from the marital residence on Northgate Drive the following items of personal property: An antique kitchen table, an antique cherry bed stored in the basement, her grandmother's sewing machine, such items as she may select from two of the closets in the house which items are primarily baby clothing and baby memorabilia from the parties' children. The parties will select a time when wife can come to the residence to remove those items and sort through the closets and will do so at a time when husband will not be home. The parties anticipate that they will schedule a time to do that within thirty (30) days or less of today's date. Otherwise, each of the parties waives any rights to or claims to any of the items of household furnishings or other tangible personal property, specifically including motor vehicles, now in the possession of or titled or held in the name of the other. The sports memorabilia collection will be earmarked for the children. 12. Each of the parties hereby waives any claim to or right to receive alimony from the other and agrees to waive any claim for counsel fees and expenses or any other payment which they may claim from the other, specifically including spousal support, alimony pendente lite and alimony, and agree to live and support and maintain themselves without further contribution from the other at any time in the future. 13. The parties have agreed that the husband shall pay wife support for the children in the amount of $710.00 per month. He will make those payments by a direct deposit into an account designated by wife and wife shall supply to husband, within the next three (3) days, information regarding the account to which the deposits are to be made. Husband shall make those direct deposits on the 5th day of each month commencing with the 5th day of May 2007 and continuing on each consecutive month thereafter. In light of that wife shall, within five (5) days of this agreement notify the Domestic Relations Office of Cumberland County that she is withdrawing the action she previously filed for child support. 6 14. The parties agree to claim the personal exemptions of their three children as follows as long as the current custody situation continues and as long as they are allowed to do so by law: a) When they are eligible to claim three exemptions, each party will claim one and they will alternate the third exemption with wife having the right to claim that exemption in 2007 and then alternating that exemption thereafter. b) When there are two exemptions available for the parties, each of them will claim one. c) When there is one exemption available to claim, they will alternate that with husband having the right to claim the exemption the first year and the parties alternating the exemption, year to year, thereafter. 15. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 16. The parties have exchanged extensive information over the course of this litigation and each of them are satisfied that they are aware of and we have accounted for all of the significant assets and claims in the case. Both parties enter into this agreement voluntarily with the intention to conclude this litigation as fairly and promptly as possible. To that extent, the parties have agreed to file with the Master to be promptly filed with the Court the affidavit of consent and waiver of notice and to cooperate with each other and their attorneys to file the documents necessary to conclude the divorce once they have satisfactorily arranged for the continuation of health insurance for each of them following the divorce. The parties anticipate that they will be able to do that within thirty (30) days and that the divorce will be concluded shortly thereafter. 7 17. This agreement shall be incorporated into but shall not merge with the divorce decree and shall be separately enforceable by contract law in necessary in the future. MR. ANDES: Mr. Gutshall, we have been here for hours negotiating this and we have spent years exchanging and developing information, you heard the agreement, do you have any questions about it? MR. GUTSHALL: No. MR. ANDES: Do you understand it? MR. GUTSHALL: Yes. MR. ANDES: Are you satisfied with this agreement and that the economic issues will be resolved and concluded? MR. GUTSHALL: Yes. MR. ANDES: And are you satisfied to settle the case and conclude the case on these terms? MR. GUTSHALL: Yes. MR. ANDES: Is there any reason why you cannot today enter into this agreement? I mean by that, are you under the influence of any drugs or medication or do you not understand what we are doing? MR. GUTSHALL: I understand what we are doing and I am not under the influence of any drugs. MR. ANDES: Okay. 8 y' MR. SMITH: Karin, have you been present during Mr. Andes' recitation of the agreement? MS. GUTSHALL: Yes. MR. SMITH: Did you understand it? MS. GUTSHALL: Yes. MR. SMITH: Do you agree with the terms as he stated them? MS. GUTSHALL: Yes. MR. SMITH: And you will comply with any terms that are required to carry out the terms of the agreement? MS. GUTSHALL: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: S;;Z?74'7 Kot, Max J. Smit Jr. Karin Simpson Guts 11 Attorney for Plaintiff 22 N.-:k ,iaj& el L. n d e s Charl Gutshall Attorney for Defendant 9 KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLES E. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 579 CIVIL CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By regular mail on February 21, 2002, see Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff May 1, 2007 ; by Defendant May 1, 2007 (b)(1) Date of execution of the Plaintiff s affidavit required by Section 3301 (d) of the Divorce Code: Defendant: (2) date of service of the Plaintiff s affidavit upon the 4. Related claims pending: None Attorney for (X) Plai ' f ( ) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KARIN SIMPSON GUTSHALL, Plaintiff VERSUS CHARLES E. GUTSHALL, Defendant NO. 2002-579 CIVIL DECREE IN DIVORCE AND NOW, /!"- , 2007 , IT IS ORDERED AND DECREED THAT KARIN SIMPSON GUTSHALL PLAINTIFF, AND CHARLES E. GUTSHALL 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; Transcribed marital settlement agreement dated 1 May 2007, is hereby incorporated into the Final Divorce Decree. BY THE URT: ATTES : _ J. PROTHONOTARY <°- ?/ - C0-?/--?7 d j KARIN SIMPSON GUTSHALL, Plaintiff/Petitioner VS. CHARLES E. GUTSHALL, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-579 CIVIL ACTION -LAW IN DIVORCE PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes the Plaintiff/Petitioner KARIN SIMPSON GUTSHALL, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully states the following: 1. The Petitioner is KARIN SIMPSON GUTSHALL, an adult individual residing at 601 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Respondent is CHARLES E. GUTSHALL, an adult individual residing at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Petitioner and Respondent are formerly husband and wife, having been married on October 10, 1987, and having been divorced on June 19, 2007. (See copy of Decree in Divorce marked Exhibit "A", attached hereto and made part hereof). 4. The parties are the parents of three children, same being Caroline E. Gutshall, born April 5, 1988, Matthew F. Gutshall, born November 14, 1991 and C. Emory Gutshall, born April 20, 1995. 5. On May 1, 2007, the parties entered into a Marital Settlement Agreement, a true and correct copy of which is marked Exhibit "B", attached hereto and made part hereof. 6. Paragraph 17 of said Marital Settlement Agreement states that the agreement shall be incorporated into the final decree of divorce for purposes of enforcement. 7. Paragraph 1(a) of said Agreement requires Respondent to "transfer assets having a value of $50,000.00 from the joint account they hold with Charles Schwab which is identified as account no. 3979-0046 to Charles Schwab account no. 3979-0043 and then disburse from account 3979-0043 cash to Wife in the amount of $50,000.00." (See Exhibit `B"). 8. Respondent breached said paragraph 1(a) by failing to disburse $50,000 in cash from account no. 3979-0043 to Wife's account as agreed. 9. Paragraph 2 of said Agreement requires Respondent to obtain a release of liability for Petitioner with respect to the first mortgage obligation concerning the premises at 215 Northgate Drive, Camp Hill, Pennsylvania, within thirty (30) days from May 1, 2007. (See Exhibit `B"). 10. Respondent has breached said paragraph 2 by failing to refinance said first mortgage or otherwise take the required steps to remove Wife from the debt associated with the Northgate Drive premises. Petitioner remains willing to execute a deed releasing her interest in said premises to Respondent, contemporaneously with Respondent's refinancing of the home. 11. Paragraph 10 of said Agreement requires Husband to transfer from his accounts the approximate sum of $170,000, via a tax free rollover pursuant to a Qualified Domestic Relations Order (QDRO) within thirty (30) days from May 1, 2007. (See Exhibit `B"). 12. To date, Respondent has breached said paragraph 10 by failing to transfer the funds to Petitioner as required therein. 13. Paragraph' 11 of said Agreement provides that Petitioner shall receive certain items of personal property from the former marital residence. (See Exhibit `B"). 14. To date, Petitioner has not received the items that are listed in paragraph 11, specifically an antique kitchen table, an antique cherry bed stored in the basement, her grandmother's sewing machine, such items as she may select from two of the closets in the house which items are primarily baby clothing and baby memorabilia from the parties' children. 15. Paragraph 13 of said Agreement provides that Respondent shall pay child support in the sum of $710.00 per month, via direct deposit into Petitioner's account. 16. Respondent has breached said paragraph 13 of the Agreement by failing to pay support from the month of May 2007, and by failing to pay by direct deposit as required. 17. Petitioner has incurred substantial attorney fees in connection with enforcement of Respondent's obligation under the said Marital Settlement Agreement. 18. Respondent's conduct as set forth herein is in breach of and in willful violation of the terms of the Marital Settlement Agreement dated May 1, 2007. 19. 23 Pa. C.S.A. §3502(e) empowers the court to provide relief in cases where a party has failed to comply with the terms of an agreement as entered between the parties relative to equitable division of marital property. 20. Respondent has refused to remedy the breaches as alleged, despite repeated requests by Petitioner. WHEREFORE, Petitioner requests your Honorable Court to: A. Order Respondent to immediately comply with all terms of the Marital Settlement Agreement; B. Find Respondent in contempt of court for willfully disregarding the terms of the Marital Settlement Agreement, which was incorporated into the decree in divorce dated June 19, 2007; C. Order Respondent to pay Petitioner's attorney's fees, costs, and expenses incurred in connection with enforcement of the Agreement, Exhibit "B", hereto; D. Order such other relief as your Honorable Court deems appropriate. Respectfully submitted, Date: August 30 .1 2007 4&" MAX J. S , JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 06-30-07 02:26pm From-OFC,OF LEGAL COUNSEL AL'b-30-2007 12.09 +7177056042 T-734 P.02/02 F-269 P.02 I verify that the statements made in this Petition 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 unworn falsification to authorities. ? v /? r KARIN S. MPSON TOTAL P. Or) DO) B ?l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. KARIN SIMPSON GUTSHALL, Plaintiff VERSUS CHARLES E. GUTSHALL, Defendant No. 2002-579 CIVIL DECREE IN DIVORCE AND NOW, June 19 , 2007 IT IS ORDERED AND DECREED THAT ' KARIN SIMPSON GUTSHALL , PLAINTIFF, AND CHARLES E. GUTS-BALL 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; Transcribed marital settlement agreement dated l May 2007, i incorvorated Final Divor BY THE COURT: Kevin A. Hess ATTEST: J. PROTHONOTARY Certified Copy Issued: June 1 9, 2 7 ?E -x ?4 ? -?) v F) KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA, vs. No. 02 - 579 CIVIL CHARLES E. GUTSHALL, Defendant IN DIVORCE THE MASTER: Today is Tuesday, May 1, 2007. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Karin Simpson Gutshall, and her counsel Max J. Smith, Jr., and the Defendant, Charles E. Gutshall, and his counsel Samuel L. Andes. This action was.commenced by the filing of a complaint in divorce on February 1, 2002, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The Master will file the affidavits and waivers with the Protonotary; therefore, the divorce will be able to proceed under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic claims of equitable distribution, alimony, and counsel fees and costs. The Master has been advised that the parties, after considerable negotiations in this matter, have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record 1 in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The draft of the agreement will be sent to counsel to review with their clients, to allow them to make any correction of typographical errors which they deem necessary. Otherwise, the agreement as stated on the record is the substantive agreement of the parties, not subject to any changes or modifications. The agreement as placed on the record is binding on the parties when they leave the hearing room today. The signing of the agreement by the parties, after correction of typographical errors, if any, is an affirmation of the terms of the agreement as stated on the record. Upon receipt of the completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on October 10, 1987, .and separated October 7, 2000. They are the natural parents of three children. Caroline is emancipated; Matthew and Emory are minors and live with both parents. Mr. Andes. MR. ANDES: The parties have agreed to settle all the economic issues and claims in this case on the 2 following basis: 1. There are five assets which the parties have identified and agreed to hold for the purposes of the formal education, both high school and undergraduate college of their three children. Those assets are an investment account with Charles Schwab, identified as account No. 3979-0043 which has a balance at this time of approximately $56,000.00; another account with Charles Schwab, identified as account No. 3979-0045 which has a balance of approximately $60,000.00; and a Charles Schwab account, identified as account No. 3979-0047 which has a balance of about $20,000.00; and a Fidelity investment account which has a balance of about $52,000.00; and approximately 1450 shares of stock in PNC Bank which the parties estimate have a value at this time of $105,000.00. With regard to those accounts, the parties have agreed as follows: a) They will transfer assets having a value of $50,000.00 from the joint account they hold with Charles Schwab which is identified as account No. 3979-0046 to Charles Schwab account No. 3979-0043 and then disburse from account 3979-0043 cash to wife in the amount of $50,000.00. b) They will liquidate the Fidelity account and transfer the balance of that account into Charles Schwab account No. 3979-0043 and transfer from that Charles Schwab account the sum of $50,000.00 in cash to wife. c) Wife will deposit into Charles Schwab account No. 3979-0047, from her separate assets, the sum of $15,600.00. d) After the transfers are made by the preceding subparagraphs, all of the funds remaining in those investment accounts and the PNC stock shall be held by the parties in one or more joint accounts for the purposes of the formal education of their children, both high school and undergraduate.college. The parties.will agree upon a method .to manage those accounts and make disbursements from them and, in the event of any dispute between the parties on those matters in the future, they will, by mutual consent, select another method of managing the accounts and making disbursements from them. e) In the event that there are any funds or balances remaining in any of those accounts or assets after the date that the children have completed their formal undergraduate college education, or at least had ample and 3 sufficient opportunity to complete that education, any remaining funds within those accounts will be divided equally among all three children., 2. The parties will transfer to husband the marital residence at 215 Northgate Drive, Camp Hill, Pennsylvania, by a special warranty deed. Husband shall be responsible to prepare the deed and wife will execute it promptly upon presentation and deliver it back to husband. Husband will be responsible to pay and satisfy in accordance with its terms the balance owed on the mortgage which constitutes a lien upon the property and shall indemnify and save wife harmless from any loss, cost, or expense caused to her by his failure to pay that obligation. Husband will be responsible to obtain wife's own conditional release from the debt which is secured by a first mortgage against the property at the time that wife delivers the deed which the parties anticipate will be within thirty (30) days of today's date. 3. The parties acknowledge that wife withdrew $70,000.00 from a joint account at or near the date of separation and subsequently used those funds to purchase a home in her name. The parties confirm those funds to be wife's separate property and husband waives any further claim to those funds or the assets that wife may have purchased or acquired with them. 4. Wife waives and releases any claim to husband's interest in the Rhoades and Sinon 401(k) plan which the parties have agreed has a marital value at this time of approximately $290,000.00. To the.extent necessary, wife will execute any documents to confirm her release and waiver of any interest in that asset. 5. Husband owned two accounts at the time of marriage with Merrill Lynch which were subsequently transferred into a Charles Schwab account, identified as account No. 3201-2294 and a Charles Schwab IRA identified as account No. 5177-4762. Wife waives and releases any claim to those assets and confirms them to be the sole and separate property of husband. 6. Wife has two retirement accounts with Charles Schwab, one being account No. 3979-0272 and the other being an IRA identified as account No. 3979-0278 which have a combined value of approximately $190,000.00. The parties acknowledge that the Charles Schwab IRA contains the funds rolled over from a retirement account with a law firm for which wife 4 worked during the marriage. Husband hereby releases and waives any claim to or interest in either of those accounts and confirms them to be sole and separate property of wife. 7. Husband owns a policy of insurance on his life issued by Northwestern Life Insurance Company which had a cash value at the date of separation of approximately $30,000.00. Wife releases any claim to that policy and confirms it to be the sole and separate property of husband. 8. At the time of separation husband was a partner or member of Rhoades and Sinon, a law firm in Harrisburg Pennsylvania. Subsequent to separation, husband left that firm and received payment for his capital account and other interests in the firm. Wife is aware of those distributions and methods of valuing his interest in the firm and waives and releases any claim to those and confirms his interest in the firm and proceeds thereof to be husband"s sole and separate asset free of any further claim by her. 9. The parties own a joint account with Charles Schwab which is identified as account No. 3979-0046 and which has a balance today of approximately $330,000.00. After the transfers required by Paragraph 1 of this agreement are made, husband and wife shall transfer that account to wife's name alone and it shall, after the date of such transfer, which the parties shall complete within thirty (30) days of the date of this agreement, be the sole and separate property of wife free any further claim by husband.. 10. Husband shall transfer from one of his retirement accounts, being either an IRA or his 401(k) plan, a sum which will be sufficient to distribute to wife, after taking into consideration the balance in the Charles Schwab account No. 397970046 transferred to wife and the transfers to wife in the total amount of $100,000.00 in accordance with Paragraph i hereof, a total distribution from all of those sources of $500,000.00. It is anticipated that the transfer by the roll over will be in the approximate amount of $170,000.00 but the parties recognize that they will not know the final amount until all of the transfers have been made from the Charles Schwab account No. 3979-0046. The transfer will be made by a tax free roll over pursuant to a QDRO and the parties will corporate to obtain and implement that order. Husband will be responsible to arrange for the preparation and filing of the QDRO within thirty (30) days after the date of this agreement and the parties will share equally the costs of any actuarial or pension expert fees for the preparation of that order. 5 At husband's sole option he may, rather than making the transfer from one of his retirement accounts, pay wife a sum of cash equal to the amount that otherwise would be the roll over pursuant to this paragraph. 11. The parties have agreed that wife shall receive from the marital residence on Northgate Drive the following items of personal property: An antique kitchen table, an antique cherry bed stored in the basement, her grandmother's sewing machine, such items as she may select from two of the closets in the house which items are primarily baby clothing and baby memorabilia from the parties' children. The parties will select a time when wife can come to the residence to remove those items and sort through the closets and will do so at a time when husband will not be home. The parties anticipate that they will schedule a time to do that within thirty (30) days or less of today's date. Otherwise, each of the parties waives any rights to or claims to any of the items of household furnishings or other tangible personal property, specifically including motor vehicles, now in the possession of or titled or held in the name of the other. The sports memorabilia collection will be earmarked for the children. 12. Each of the parties hereby waives any claim to or right to receive alimony from the other and agrees to waive any claim for counsel fees and expenses or any other payment which they may claim from the other, specifically including spousal support, alimony pendente lite and alimony, and agree to live and support and maintain themselves without further contribution from the other at any time in the future. 13. The parties have agreed that the husband shall pay wife support for the children in the amount of $710.00 per month. He will make those payments by a direct deposit into an account designated by wife and wife shall supply to husband, within the next three (3) days, information regarding the account to which the deposits are to be made. Husband shall make those direct deposits on the 5th day of each month commencing with the 5th day of May 2007 and continuing on each consecutive month thereafter. In light of that wife shall, within five (5) days of this agreement notify the Domestic Relations Office of Cumberland County that she is withdrawing the action she previously filed for child support. 6 14. The parties agree to claim the personal exemptions of their three children as follows as long as the current custody situation continues and as long as they are allowed to do so by law: a) When they are eligible to claim three exemptions, each party will claim one and they will alternate the third exemption with wife having the right to claim that exemption in 2007 and then alternating that exemption thereafter. b) When there are two exemptions available for the parties, each of them will claim one. C) When there is one exemption available to claim, they will alternate that with husband having the right to claim the exemption the first year and the parties alternating the exemption, year to year, thereafter. 15. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 16. The parties have exchanged-extensive information over the course of this litigation and each of them are satisfied that they are aware of and we have accounted for all of the significant assets and claims in the case. Both parties enter into this agreement voluntarily with the intention to conclude this litigation as fairly and promptly as possible. To that extent, the parties have agreed to file with the Master to be promptly filed with the Court the affidavit-of consent and waiver of notice and to cooperate with each other and their attorneys to file the documents necessary to conclude the divorce once they have satisfactorily arranged for the continuation of health insurance for each of them following the divorce. The parties anticipate that they will be able to do that within thirty (30) days and that the divorce will be concluded shortly thereafter. 7 17. This agreement shall be incorporated into but shall not merge with the divorce decree.and shall be separately enforceable by contract law in necessary in the future. MR. ANDES: Mr. Gutshall, we have been here for hours negotiating this and we have spent years exchanging and developing information, you heard the agreement, do you have any questions about it? MR. GUTSHALL: No. MR. ANDES: Do you understand it? MR. GUTSHALL: Yes. MR. ANDES: Are you satisfied with this agreement and that the economic-issues will be resolved and concluded? MR. GUTSHALL: Yes. MR. ANDES: And are you satisfied to settle the case and conclude the case on these terms? MR. GUTSHALL: Yes. MR. ANDES: Is there any reason why you cannot today enter into this agreement? I mean by that, are you under the influence of any drugs or medication or do you not understand what we are doing? MR. GUTSHALL: I understand what we are doing and I am not under the influence of any drugs. MR. ANDES: Okay. 8 MR. SMITH: Karin, have you been present during Mr. Andes' recitation of the agreement? MS. GUTSHALL: Yes. MR. SMITH: Did you understand it? MS. GUTSHALL: Yes. MR. SMITH: Do you agree with the terms as he stated them? MS. GUTSHALL: Yes. MR. SMITH: And you will comply with any terms that are required to carry out the terms of the agreement? MS. GUTSHALL: Yes. I acknowledge that I .have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular-Section 3105 of the Domestic Relations Code. WITNESS: DATE: Max J. Smit Jr. Attorney for Plaintiff ael L. des Attorney for Defendant Karin Simpson Guts ll ` Charl 'Gut shall 9 KARIN SIMPSON GUTSHALL, Plaintiff/Petitioner VS. CHARLES E. GUTSHALL, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-579 :. CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, thisD day of 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff/Petitioner, hereby certify that I have this day sent a copy of Petition for Special Relief to Enforce Marital Settlement Agreement by depositing a certified copy of the same in the United States mail, postage prepaid, at Hummelstown, Pennsylvania, addressed to: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-1213 MAX J. SMITH, squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ?? ?? r- ?? ?., . T -rt . -r ? , w?TTM `i.? ?? ??? ? ice, . _..; i_..-.? >.. ? .? ??/ ?`J .? KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-579 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER AND NOW, this 2 9 -- day of October, 2007, hearing in the above-captioned matter October 24, 2007, is continued to Friday, December 7, 2007, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Xax Smith, Esquire For the Plaintiff /amuel Andes, Esquire For the Defendant 1 :rlm i% f, t L V : I I WV U i0V LYVV J KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner: CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES E. GUTSHALL, CIVIL ACTION - LAW Defendant/Respondent: NO. 2002-579 IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 7th day of December, 2007, this matter having been called for hearing, it is ordered and directed as follows: 1. The Defendant shall honor his obligation to pay the Plaintiff the sum of $215,000.00 within 15 days hereof. 2. The Defendant shall bring himself current on his child support obligation pursuant to the marital agreement of the parties, the Court noting that the arrearage is $2,100.00. This order is entered without prejudice to the Defendant to file a petition addressing his concern regarding educational and other monies to be set aside for the children. 3. The Defendant shall make his residence available so that the Plaintiff may retrieve certain items of personalty mentioned in her petition on Sunday, December 16th, 2007, at 5:00 p.m. for a period of three hours during which time the Defendant shall be absent from the home. ! A `VINVAIASNNdd 90 : ! I WV 81 030 EOOZ AWIONi HIC118d 3H1 ?O 3OL-L40-OMjA • By the Court, "K, W/, Kevin A. Hess, J. Nix J. Smith, Esquire For the Plaintiff iarles E. Gutshall P r n RP :lfh ?`1.r