HomeMy WebLinkAbout05-1811CAROL A. KUNTZ,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
:2005 - 1P11 CIVIL TERM
DELANOR D. KUNTZ, JR.,
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
32 South Bedford Street
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 most attend the scheduled conference or
hearing.
M
CAROL A. KUNTZ,
Plaintiff,
V.
DELANOR D. KUNTZ, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:2005.
I ti
IN DIVORCE
CIVIL TERM
COMPLAINT IN DIVORCE PURSUANT TO
THE DIVORCE CODE
AND NOW, comes the Plaintiff, Carol A. Kuntz, by and through her attorneys, Irwin, &
McKnight, and files this Complaint in Divorce against the Defendant, Delanor D. Kuntz, Jr.,
representing as follows:
COUNT I - COMPLAINT IN DIVORCE PURSUANT TO
SECTIONS 3301 (c) and (d)
1. The Plaintiff is Carol A. Kuntz, an adult individual residing at 210 Green Hill
Road, Newville, Cumberland County, Pennsylvania 17241.
2. The Defendant is Delanore D. Kuntz, Jr., an adult individual currently residing at
415 Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and Defendant have been residents of the Commonwealth of
Pennsylvania at least six months prior to the filing of this action in divorce.
4. Plaintiff and the Defendant were married on September 25, 1981, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as
the grounds upon which this action is based that the marriage between the parties is irretrievably
broken.
7. 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 respectfully requests judgment dissolving the marriage
between the two parties and for such further relief as your Honorable Court may deem equitable
and just.
COUNT II - COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(a)
8. The allegations of Paragraphs one (1) through seven (7) of the Divorce Complaint
are incorporated herein as if fully set forth above.
4. Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the
grounds upon which this action is based that the Plaintiff is the injured spouse and that the
Defendant has offered such indignities to her as to render her condition intolerable and life
burdensome.
10. Pursuant to the Divorce Code, Section 3301(a)(3), the Plaintiff avers as the
grounds upon which this action is based that the Plaintiff is the injured spouse and that the
Defendant, by cruel and barbarous treatment, has endangered the life or health of the injured and
innocent spouse,
WHEREFORE, the Plaintiff requests the dissolution of the marriage between the two
parties and for such further relief as your Honorable Court may deem equitable and just.
2
COUNT III - ALIMONY ALIMONY PENDENTE LITE
AND COUNSEL FEES
11, The allegations of Paragraphs one (1) through ten (10) of the Divorce Complaint
are incorporated herein as if fully set forth above.
12. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs
during the pendency of this divorce action, and through its resolution.
13. Plaintiff is without sufficient property and otherwise unable to financially support
herself through appropriate employment.
14. Defendant is presently employed and receiving a substantial income and benefits
and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente
lite for the Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an ordering
requiring Defendant to pay for Plaintiff's counsel fees, expenses and costs as well as providing
for payment of appropriate alimony and alimony pendente lite to Plaintiff.
COUNT IV - EQUITABLE DISTRIBUTION
15. The allegations of Paragraphs one (1) through fourteen (14) of the Divorce
Complaint are incorporated herein as if fully set forth above.
16. Plaintiff and Defendant have acquired property, both real and personal, during
their marriage.
17. 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.
3
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order
equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce
Code and for such further relief as this Court may deem equitable and just.
Respectfully submitted,
IRWIN & McKNIGHT
Dated: April 6, 2005 By: 714?? e° L ii &
Douglas Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff
4
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document 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 unsworn falsification to authorities.
CA L A. KUNTZ ?-
Date: April 6, 2005
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CAROL A. KUNTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
:2005 -1811 CIVIL TERM
DELANOR D. KUNTZ, JR.,
Defendant. : IN DIVORCE
ACCEPTANCE OF SERVICE
I, Michael A. Scherer, Esquire, attorney for the Defendant in the above-captioned matter,
hereby agree on behalf of my client, Delanor D. Kuntz, to accept service of the Divorce
Complaint which was filed on April 6, 2005.
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
Attorney for Defendant
Date: y ' I -L 2005
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CAROL A. KUNTZ,
Plaintiff
V.
DELANOR D. KUNTZ, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 2005 -1811 CIVIL TERM
: IN DIVORCE
PLAINTIFF'S MOTION TO COMPEL
ANSWERS TO DISCOVERY
AND NOW, comes the Plaintiff, Carol A. Kuntz, by and through her attorneys, Irwin &
McKnight and files the following Motion:
On or about April 6, 2005, Plaintiff filed a Divorce Complaint, initiating this
action.
2. On or about July 8, 2005, Plaintiff served upon Defendant Interrogatories and
Request for Production of Documents. The Interrogatories are attached hereto and incorporated
herein by reference as Exhibit "A". The Request for Production of Documents is attached hereto
and incorporated herein by reference as Exhibit "B".
On August 30, 2005, counsel for Plaintiff wrote to Defendant's counsel
requesting responses to their discovery requests.
4. To date, Defendant has not filed answers or objections to either the Request for
Production of Documents or the Interrogatories.
5. Upon information and belief, the Defendant has been closing financial accounts,
hiding funds in other accounts and writing checks from accounts with insufficient funds.
6. The information sought in these discovery requests is essential to the Plaintiff in
order to move this matter forward, preserve marital assets and complete the divorce.
WHEREFORE, Plaintiff Carol A. Kuntz respectfully requests this Honorable Court to
enter an Order directing that Defendant, Delanor D. Kuntz, Jr., respond to the Request for
Production of Documents and Interrogatories or face additional sanctions under the Pennsylvania
Rules of Civil Procedure.
Respectfully submitted,
IRWIN & MCKNIGHT
Dated:September 23, 2005 A IL[L.
?67
Douglas fw. Miller, Esquire
Supreme Court ID Number: 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiff
CAROL A. KUNTZ,
Plaintiff
V.
DELANOR D. KUNTZ, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUNIBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 2005 -1.811 CIVIL TERM
IN DIVORCE
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
TO: Delanor D. Kuntz, Jr., Defendant
c/o Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIED that pursuant to Pa. R. Civ. P. 4005 and 4006, YOU
ARE REQUIRED TO ANSWER THESE INTERROGATORIES within thirty (30) days.
These Interrogatories shall be deemed to be continuing Interrogatories, and you are under a
continuing obligation to update your Answers. The Answers must be signed by the person
making them, and the objections must be signed by the attorney making them. The Answers
shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory
the remainder of the Answer shall follow on a supplemental sheet. Each Interrogatory is
intended to require a complete disclosure of all information and evidence presently in
Defendant's possession that pertains to such Interrogatory. The person(s) responsible for
answering such Interrogatory must be identified along with their titles and addresses. Each
person answering an Interrogatory must separately verify that they have answered the
Interrogatory truthfully to the best of their knowledge and belief.
IRWIN & McKNIGHT
?;? ? /1,-L -
Douglas . Miller, Esquire
Supreme Court I.D. # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
(717) 249-2353
Date: July 8, 2005 Attorney for Plaintiff
DEFINITIONS
Unless negated by the context of the Interrogatory, the following definitions are to be
considered to be applicable to all Interrogatories contained herein:
1. "You" or "yours" means the Defendant and/or all corporations, partnerships or
sole proprietorships that Defendant owns or in which he/she has a controlling interest, and any
employee, agent servant or independent contractor of Defendant, including but not limited to
Kuntz Drywall
2. "Defendant" unless otherwise specified, shall mean the Defendant answering the
Interrogatories.
3. "Identify" or "identify" when used with reference to a document, shall mean to:
(a) state the date; (b) identify the author (and, if different, the originator, and/or signers); (c)
identify the addressees (and, if different, the recipients); (d) state the present (or last known)
locations of the original and all copies and identify all custodians; and, (e) state whether
Defendant, or anyone acting on Defendant's behalf, is in possession of the original or a copy of
the document all with sufficient particularity to satisfy the requirements for its inclusion in a
request for inspection and copying pursuant to Pa. R. Civ. P. 4009.
4. "Identify" or "identify" when used with reference to an oral statement,
representation or conversation shall mean to: (a) identify the person making each statement, the
person to whom each statement was made, and all other persons present at the time of each
statement; (b) state the place where such statement or conversation was held; or (c) if by
telephone, identify the person making the call and stale the places where the persons
participating in the call were located; and, (d) describe in detail the substance of each statement
or conversation.
5. "Identify" or "identify" when used with reference to a person shall mean to state
the: (a) full name; (b) title; (c) current position and business affiliation; (d) the person whom
he/she was representing or acting for; (e) current business address (or last known, with indication
of the date of the last knowledge); and, (f) current address of residence (or last known, with
indication of the date of the last knowledge).
6. "Document" means any written, printed, recorded or other graphic matter,
whether produced, reproduced or stored on paper, cards, tapes, film, electronic facsimile,
computer storage devices or any other medium and includes, but is not limited to originals, every
copy with any note or change thereon, drafts, every other date compilation from which this
information can be obtained, and the information necessary to translate the compiled data into
usable form.
2
7. "Person" or "individual" means a natural person, a partnership, a corporation, an
unincorporated association, a government (or agency thereof), a quasi-public entity, or other
form of entity.
8. "Location" means the address and the separate office, room or other specific
designation, if any is possible.
9. "Describe," and/or "state" and/or "list" shall mean to set forth fully and
unambiguously every fact relevant to the Answer called for by the Interrogatory of which
Defendant or its agents, employees or representatives have knowledge.
10. "Date" means the exact day, month and year if ascertainable, or if not, the best
approximation including relationship to other events.
11. No answer is to be left blank. If the answer to an interrogatory or subparagraph of
an interrogatory is "none" or "unknown," such statement must be written in the answer. If the
question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because
of the claim of privilege, the basis of privilege is to be stated.
12. These interrogatories are continuing, and any information secured subsequent to
the filing of your answers which would have been includable in the answers had it been known
or available, are to be supplied by supplemental answers.
13. If additional space is required for an answer, attach a supplemental answer sheet
that clearly identifies the interrogatory number or numbers.
3
INTERROGATORIES
1.
State your full name, age with date of birth, residence and post office address, home
telephone number, social security number and present military status.
ANSWER:
2.
State your educational background since graduation from high school. Include all
educational institutions attended, dates of attendance, and degrees or certificates obtained.
ANSWER:
3.
If you are living separate and apart from your spouse, please state what you consider to
be the date of separation and why you consider that to be the date of separation.
ANSWER:
4.
Identify any physical, mental or emotional disability that you believe impairs your
earning capacity.
ANSWER:
5.
Identify the names, addresses and telephone numbers of any of your employers for the
past three (3) years, and further identify the date you commenced and completed your
employment, your job title or position, and the hours and rate of pay or earnings, setting forth
particularly your gross average weekly salary, wages, commissions and overtime pay. Include
bonuses, gratuities, expense and drawing accounts and allowances for transportation and other
accommodations and expenses. If there is a contract of employment, state the terms thereof or, if
in writing, attach a copy hereto.
ANSWER:
6.
For any business or profession in which you are a sole proprietor, partner, shareholder of
a corporation, or otherwise have an ownership interest, identify the business name, nature of
work, percentage of ownership interest.
ANSWER:
6
7.
With reference to the enterprises set forth in question #6, list the names and addresses of
all partners and the extent of their interest therein, and list the names and addresses of all
directors, officers and shareholders, the extent of their shareholdings and the relationship to you
of all partners, shareholders, directors and officers.
ANSWER:
8.
With reference to the enterprises set forth in question #6, identify where the books and
records thereof are kept, the name and address of the person in whose charge they are and the
name and address of any accountants and auditors whose services are used.
ANSWER:
7
9.
With reference to the enterprises set forth in question #6, identify the following:
a. Your percentage interest in said enterprise including the date you acquired your
initial interest and any subsequent interest.
b. The date and amount of any contributions made by you to said enterprise within
the last three (3) years
c. Whether you have sold, gifted or otherwise disposed of all or part of your interest
stating the date, percentage of interest involved, and the terms of sale or other
disposition.
d. Any loans made by you to the enterprise or by the enterprise to you, or any
redemptions, dividends, or return of contributions within the past three (3) years.
ANSWER:
10.
A. Identify fully:
a. Your average weekly take home pay.
b. The itemized deductions taken from your gross earnings or other pay, including
but not limited to taxes, insurance, FICA, savings, and loans.
ANSWER:
B. As to your Federal income tax return for 2004, attach a complete copy of the return
hereto, including all schedules, and identify fully:
a. The gross income and source thereof.
b. The net taxable income.
ANSWER:
it.
If you receive any travel allowance, expense ,account, or other reimbursement for
expenses from your employer, identify the nature and amount received for each of the past three
(3) years including the current calendar year to date.
ANSWER:
12.
Itemize all current income benefits or interests in any qualified or unqualified deferred
compensation arrangement or retirement program, such as, but not limited to IRAs, Keogh Plans,
401(K) Plans, pensions, annuities, retirement plans, profit sharing plan, stock bonus plan, stock
option plan, or thrift plan identifying the name, source, type and amount of each, including any
amount you may currently be receiving from said interest.
ANSWER:
to
13.
If you own or have any interest in an automobile, truck, camper, mobile home,
motorcycle, boat, airplane or vehicle of any nature, identify each item and your interest therein,
stating the make, model, year, price paid therefor, its present value, current mileage, location and
the name and address of any co-owners.
ANSWER:
14.
Identify the nature of any lien or security interest to which any of the items listed by you
in the Answer to the preceding question are subject, identifying the name and address of the
holder thereof, the holder's relationship to you, the amount and frequency of payments you make
thereon, the balance due, and whether you are current in making said payments.
ANSWER:
11
15.
Itemize all bank and savings and loan association accounts, time deposits, certificates of
deposit, treasury notes, savings clubs and checking accounts in your name or in which you have
an interest, showing the name and address of each depository, the present balance therein, the
name and address in which each is registered and the present location and custodian of the
deposit books or certificates. Identify all bank accounts and give account numbers.
ANSWER:
16.
Identify whether you own any household goods, furniture, jewelry, antiques, art work,
collections, or other items of value either individually or as a collection exceeding $500.00,
setting forth for each item, or collection, as the case may be, a description, the date of
acquisition, purchase price or value at acquisition if not purchased, your opinion as to the fair
market value, and present location.
ANSWER:
12
17.
Itemize all shares of stock, securities, bonds, mutual funds, municipal bonds, money
market funds, gold funds and other investments, other than real estate, in your name or in which
you have an interest, showing where and in whose name they are registered, the identity of each
item, its market value, the amount of dividends or other income paid by each, and the present
location and custodian of all certificates or evidence of such investments.
ANSWER:
18.
A. During the last three (3) years have you sold, transferred or otherwise disposed of any
items referred to or identified in response to questions 12 through 17, or any interest therein, to
other than your spouse?
ANSWER:
B. If your Answer is in the affirmative, identify fully:
a. Which items were sold, transferred or otherwise disposed of.
b. To whom each item was sold, transferred or otherwise disposed of.
C. The dates of the transaction and the consideration received for each.
ANSWER:
13
19.
As to all real estate which you own or in which you have an interest, identify fully:
a. The location, type of property and deed references.
b. The current appraisal value of such property.
C. The date of purchase and price paid.
d. The name and address of all co-owners and the amount of their interest.
e. The name and amount of mortgages thereon, the balance due thereon and the
name and address of the mortgagee.
f. If it is income property, the name of all tenants or occupants and the annual rent
paid by each.
g. The itemized operating expenses, including but not limited to taxes, mortgage
payments, insurance, heating fuel, water and other utilities.
ANSWER:
14
20.
If you have sold or otherwise disposed of any real estate or interest therein in the past
three (3) years, identify fully:
a. The location and type of property.
b. The date of sale, selling price and original cost thereof.
C. The name and address of the purchaser.
d. The relationship of the purchaser to you.
e. The disposition of the proceeds of the sale.
ANSWER:
21.
List all life insurance policies in which you are the insured or beneficiary showing as to
each policy:
a. The name of the company, the face amount and the policy number.
b. The name of the insured, the beneficiary, and their relationship to you.
C. The annual premiums and who pays them.
d. The present cash surrender value.
ANSWER:
15
22.
List any and all property or thing of value which you hold in trust for anyone, identifying
the nature of the property and its location and custodian, the present value and original cost of
each, the name and address of the person for whose benefit you are holding the same and that
person's relationship to you, the conditions or terms of the trust and how such property was
acquired and who paid the consideration.
ANSWER:
23.
Identify the name, business address and telephone number of your present accountant
who has performed accounting services for you or any enterprise identified in question #7 for the
past three (3) years.
ANSWER:
24.
If you have, or have had prepared for you or any enterprise identified in question #6, a
financial or net worth statement within the past three (3) years, identify the following:
a. The date prepared.
b. The identity of the preparer and to whom the :statement was issued.
C. The purpose of preparation or issuance.
d. A copy of the financial or net worth statement.
ANSWER:
1.6
25.
With respect to any gifts, inheritances, bequests, or devises which you have, within the
past three (3) years, either actually received or have become entitled to receive because of the
death of any person, identify:
a. The date received or, if not yet received, the best estimate of the date upon which
you will receive the inheritance.
b. A description of each asset or assets received or anticipated.
C. The value or amount of each asset received as of the date of receipt, the date of
separation and the present date.
d. Present location of the asset.
e. If any asset has been sold or liquidated in whole or in part by you within the past
three (3) years, and further provide the type of asset, date of sale or liquidation,
amount received, and disposition of the proceeds.
f. If any of the assets or held in trust, identify the trustee and attach copies of the
most recent twenty-four (24) months of statements from the trustee.
ANSWER:
17
26.
For each credit card or charge account maintained by you or any enterprise identified in
question #6 at present or at any time within the past three (3) years, whether in your individual
name or jointly with others, identify the following:
a. The identity of the issuer of the credit card or charge account.
b. The account number and date opened or obtained.
C. In whose name the account is maintained, and attach monthly statements for the
past two (2) years.
ANSWER:
27.
Identify whether you have during the past three (3) years made any gift to any person
other than your spouse, in cash or in kind, having a value of Five Hundred and no/100 ($500.00)
Dollars or greater, and the person to whom the gift was made.
ANSWER:
18
28.
Identify any financial statement or loan application with any lending or credit institution
that you, or any enterprise identified in question #6, have filed within the last five (5) years,
stating the name of the lending or credit institution, and the amount, term or terms and purposes
of each loan. Attach a copy hereto of any such financial statements or loan applications.
ANSWER:
29.
Identify any and all outstanding debts, other than credit card accounts and loans identified
above, which you are obligated to pay, having a balance in excess of $300.00 for each debt,
including loans to relatives, stating the original amount of said loan, to whom it is owed, any and
all payments made within the last twelve (12) months, and the remaining balance of each loan.
If in writing, attach a copy hereto of any such debt obligation.
ANSWER:
19
30.
Identify any interest in any property (real or personal), contract, right, patent, chose in
action, or expectancy of any kind, including an interest or right titled or held in the name of
another, not previously identified in your answers to any preceding interrogatories, stating the
identity of the interest, the date it was acquired by you, the value at acquisition, and the present
value and how determined.
ANSWER:
31.
Identify all income benefits or other interests currently being received or received within
the last two (2) years that have not been previously identified in your answers to any preceding
interrogatories, including but limited to inheritances, trusts, social security benefits, lottery
prizes, awards, gambling activities, bank interest dividends or similar interests, identifying the
source, dates received, amount, and frequency of each benefit or interest.
ANSWER:
20
32.
Identify any accounts at a savings or commercial banking institution, brokerage firm, or
any other type of financial institution, on which your name did not appear but in which you
deposited any funds since the date of your marriage, and designate the account numbers, name of
each financial institution, and name under which each account is listed.
ANSWER:
33.
A. Do you now or have you at any time since the date of marriage, maintained or had access
to one or more safe deposit boxes?
ANSWER:
B. If your Answer is in the affirmative, identify where they are located, in whose name they
are registered, their contents both at the time opened and at the date of separation and who has
access to them.
ANSWER:
21
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
DELANOR D. KUNTZ, JR.
Date:
A true and correct copy of the within Answers was served on
this day of 2005.
Michael Scherer, Esquire
Attorney for Defendant
22
CAROL A. KUNTZ,
V.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 2005 -1811 CIVIL TERM
DELANOR D. KUNTZ, JR.,
Defendant
: IN DIVORCE
PLAINTIFF'S REQUEST FOR
PRODUCTION OF DOCUMENTS BY DEFENDANT
TO: Delanor D. Kuntz, Jr., Plaintiff
c% Michael A. Scherer, Esquire
O'brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIED that pursuant to P.a. R. Civ. P. 4009. 1, Plaintiff, Carol
A. Kuntz, by and through her legal counsel, Irwin & McKnight, hereby propounds the following
Request for Production of Documents and tangible things which are in the possession, custody,
or control of the party to whom this request is directed, their designated agents, representatives,
and attorneys within thirty (30) days after service. The documents and tangible things requested
herein must be produced at the law offices of Irwin & McKnight, West Pomfret Professional
Building, 60 West Pomfret Street, Carlisle, Pennsylvania in accordance with Pennsylvania Rules
of Civil Procedure or applicable local rule of Cumberland County prior to the indicated time for
production thereof.
IRWIN & McKNIGHT
4
Douglas . Miller, Esquire
Supreme Court I.D. # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
(717) 249-2353
Date: July 8, 2005 Attorney for Plaintiff
INSTRUCTIONS AND DEFINITIONS
1. "You" or "yours" means the Defendant and/or all corporations, partnerships or
sole proprietorships that Plaintiff owns or in which he/she: has a controlling interest, and any
employee, agent servant or independent contractor of Defendant.
2. "Defendant" unless otherwise specified, shall mean the Defendant answering the
Interrogatories.
3. "Document," "record," "file," or "report" all refer to and mean the original, all
drafts thereof, and all copies of any written, printed, recorded or other graphic matter, whether on
paper, cards, tapes, film, electronic facsimile, computer storage devices or any other means of
information retrieval and storage, however produced, reproduced or prepared.
4. "Person" or "individual" means a natural person, a partnership, a corporation, an
unincorporated association, a government (or agency thereof), a quasi-public entity, or other
form of entity.
5. This Request applies to all documents in your possession, custody or control or in
the possession, custody or control of persons acting or purporting to act on your behalf,
including, but not limited to your present and former agents, servants, contractors, employees,
accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties.
6. Each of the following is intended to be a separate request. Where a request has
subparts, please respond to each subpart separately and in full. Do not limit any response to the
numbered requests as a whole.
7. If you have objection to any request, please state your objection fully and set forth
the factual basis for your objection in lieu of production of the documents.
8. Before responding to this Request, you are required to make a diligent search of
your files and records to ascertain whether you have documents which would be responsive to a
given request. Your agents, representatives, employees, attorneys and other individuals acting or
purporting to act on your behalf must do the same.
2
DOCUMENT REOUES17S
1. All documents requested to be provided in or relied upon by you to answer those
Interrogatories served to you on an even date herewith.
2. Copies of federal and state income tax returns filed by you, together with all
accompanying W-2s, 1099s, attached schedules and exhibits filed for the tax year 2004.
3. All statements, including check registers, issued by any bank, savings institution or other
financial institution from January 1, 2003 through the present, for all accounts held by
you in your name or in your name jointly with any other person, or entity, or in your
name as trustee for any other person, regardless of whether or not the account or accounts
have been closed.
4. All documents including but not limited to any individual retirement account, pension
plan, profit sharing plan, savings plan, Keogh plan, 401(k) plan, annuity, retirement
benefit, stock bonus plan, stock option plan or thrift savings plan through any current or
previous employer or regarding any other retirement benefits still due or due in the
future, including the summary plan description and other such information regarding each
retirement plan, as well as annual statements for the past three (3) years.
5. All financial statements or documents referring to any deferred compensation plan to
which you are entitled by reason of any present or past employment, including any
understanding regarding the future distribution of earnings presently retained or
anticipated to be received.
6. All 1099s issued by any person or entity for which you have performed services since
January 1, 2003 to the present.
7. Copies of any and all title, registration, and insurance documentation for any automobile,
truck, camper, mobile home, motorcycle, boat airplane or other vehicle of any nature, as
well as any documents relating to indebtedness or financing for each vehicle.
8. All records pertaining to real estate in which you have acquired or may have acquired an
interest during the period of your marriage, including any leases or mortgages related
thereto (including monthly payments and present outstanding balance of principal and
interest) together with any evidence showing all contributions in cash or otherwise made
by you to the acquisition of such real estate.
3
9. All life insurance policies in which you have any interest as an owner, insured, or
beneficiary including any change of beneficiary forms executed by you within the last
three (3) years.
10. Copies of any and all brokerage account statements or securities owned by you
individually, jointly with any person or entity, or as trustee, guardian or custodian during
the last three (3) years, including in such records the dates of purchase and amounts paid
for such securities.
11. All records of any and all securities and investments owned by you and not reflected in
any brokerage account records or statements.
12. All records of all estates of decedents from which you have received, are receiving, or
will receive any inheritance in either personal property, real property, monetary assets, or
other assets of any kind, whether in trust or otherwise.
13. If you are alleging any physical or mental disability which impairs your earning capacity,
provide a copy of any physician's or other medical practitioner's report or statement that
has been given to you or prepared on your behalf in the last two (2) years.
14. All records indicating any and all interests of any kind held by you, either directly or
indirectly, in the last three (3) years in any corporations (foreign or domestic), joint
ventures, partnerships, realty trusts or other legal entities.
15. Copies of all corporate records, specifically including articles or organization and by-
laws, for every corporation in which you have a legal or equitable ownership interest.
16. All records pertaining to stock options in any corporation or other entity, whether
exercised or not yet exercised.
17. All financial statements, balance sheets and income; statements received by you with
respect to any and all proprietorships, corporations (foreign or domestic), joint ventures,
partnerships, realty trusts or other legal entities in which you hold a legal or equitable
ownership interest, individually or otherwise in the last three (3) years.
18. Copies of all partnership and joint venture agreements to which you are a party.
19. Copies of all mortgages, notes receivable or other evidence of debts due to you
individually or otherwise, and executed or payable within the last three (3) years.
4
20. All records that relate to any secured or unsecured personal loan made to you whether
from a member of your family, a banking institution, or any other individual or entity
within the last three (3) years.
Respectfully Submitted,
IRWIN & McKNIGHT
7---;) C
Douglas G. J iller, squire
Supreme; Court I.D. # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
(717) 249-2353
Date: July 8, 2005 Attorney for Plaintiff
5
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
MICHAEL SCHERER, ESQUIRE
O'BRIEN, BARIC & SCHERER
19 WEST SOUTH STREET
CARLISLE, PA 17013
Date: September A;' 2005 IRWIN & McKNIGHT
M
Douglas . Mille squire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
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CAROL A. KUNTZ IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 2005-1811 CIVIL TERM
DELANOR D. KUNTZ, JR.
Defendant
ORDER OF COURT
AND NOW, October 4, 2005, upon consideration of Plaintiffs Motion to Compel
Answers to Discovery, a Rule is issued upon Defendant to show cause why the relief
requested should not be granted.
Rule returnable within twenty (20) days of service.
By the Court,
, Jr..-,v J.
,'Rouglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
For the Plaintiff
%,Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
For the Defendant
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CAROL A. KUNTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
:2005-1811 CIVIL TERM
DELANOR D. KUNTZ, JR.,
Defendant. : IN DIVORCE
PETITION FOR EMERGENCY
SPECIAL RELIEF
AND NOW, this 18TH day of May 2006, comes the Plaintiff/Petitioner, Carol A. Kuntz,
by and through her attorneys, Irwin & McKnight, and makes the following Petition for
Emergency Special Relief against the Defendant/Respondent, Delanor D. Kuntz, Jr., averring as
follows:
1. The petitioner is Carol A. Kuntz, an adult individual who resides at 210 Green
Hill Road, Newville, Cumberland County, Pennsylvania 17241.
2. The respondent is Delanor D. Kuntz, Jr., an adult individual who resides at 415
Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013.
3. Petitioner and Respondent are husband and wife, having been married on
September 25, 1981.
4. On or about April 6, 2005, Petitioner instituted the above-captioned divorce
action.
5. Prior to the divorce action, on February 4, 2005, a final Protection from Abuse
Order was entered by the Honorable Judge Bayley and docketed in the Office of the
A
Prothonotary of Cumberland County at number 2004 - 5951. A true and correct copy of the
Protection from Abuse Order is attached hereto and incorporated herein as Exhibit "A."
6. The 2005 Protection from Abuse Order in part granted Petitioner exclusive
possession of the marital residence at 210 Green Hill Road, Newville, where Petitioner continues
to reside with the parties' two minor children.
7. By its terms, the provisions of the 2005 Protection from Abuse Order are set to
expire on June 1, 2006.
8. The Respondent, Delanor D. Kuntz, Jr., has subjected Petitioner to numerous acts
of physical and mental cruelty, which formed the basis for Petitioner's request for a Protection
from Abuse Order: Respondent has broken items in the marital residence; he has strangled,
grabbed and pushed Petitioner; he has threatened the Petitioner and the minor children with a
gun; he has threatened to kill or harm Petitioner, their minor children and Petitioner's family
members.
9. The marital residence had become unsafe for Petitioner and her children while
Respondent continued to be allowed to come and go at the residence, and formed the basis for
her seeking a Protection from Abuse Order.
10. Respondent subsequently filed a Complaint in Custody, docketed at 2005 - 1220,
in which an Order of Court was entered by agreement dated April 5, 2005. A true and correct
copy of the custody Order of Court is attached hereto and incorporated herein as Exhibit "B."
11. By its terms, the custody Order provides that Petitioner has primary physical
custody, and that Respondent has periods of supervised visitation every Saturday or Sunday.
2
12. By the terms of the custody Order, Respondent and his minor children were also
to attend counseling sessions in an attempt to improve their parent-child relationship and perhaps
increase Respondent's custodial rights.
13. After numerous counseling sessions, including 13 sessions with Respondent
alone, the counselor determined she was unable to be of further assistance and preferred not to
put the children through further counseling sessions with Respondent.
14. The custody schedule established in the Order attached as Exhibit "B," granting
Petitioner primary physical custody, continues to reflect the arrangement between the parties.
15. Respondent has continued to harass and annoy Petitioner in spite of the Protection
from Abuse Order.
16. In January 2006, Respondent followed Petitioner when she entered the Giant
Food Store in Carlisle, at which time he confronted her in a loud and threatening manner, thereby
creating a scene and disturbance.
17. Petitioner felt threatened and intimidated because of Respondent's actions, and
ultimately store personnel assisted Petitioner in leaving the store and safely returning to her
vehicle.
18. Even more recently on Saturday, May 13, 2006, Respondent parked his vehicle
across the driveway of the marital residence in an attempt to prevent Petitioner from leaving the
residence.
3
19. Respondent then attempted to confront Petitioner again at their child's after
school practice, including trying to force his way into Petitioner's vehicle.
20. Petitioner and her minor children continue to fear Respondent because of his
threatening actions toward them and his repeated insistence on returning to the marital residence
after the expiration of the Protection from Abuse Order.
21. Respondent owns other properties, and is otherwise able to find alternate housing
during the course of the divorce proceedings.
22. Petitioner is without the financial resources to move with the children to another
location and the marital residence is the only home the minor children have known and moving
them would seriously affect their sense of stability at this difficult time.
WHEREFORE, the Petitioner, Carol A. Kuntz, respectfully requests this Honorable
Court to enter an Order awarding exclusive occupancy of the marital residence to Petitioner and
denying Respondent access to the home until the resolution of this divorce action.
Respectfully submitted,
IRWIN & McKNIGHT
By:
Douglas Miller, Esquire
Supreme Court I.D. No: 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Attorney for Petitioner,
Carol A. Kuntz
Date: May 18, 2006
4
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document 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 unsworn falsification to authorities.
1
CAROL A. KUNTZ
Date: May 18, 2006
CAROL A. KUNTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
:2005-1811 CIVIL TERM
DELANOR D. KUNTZ, JR.,
Defendant. : IN DIVORCE
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Petition for Special
Relief was served upon the following by depositing a true and correct copy of the same in the
United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced
below and addressed as follows:
MICHAEL A. SCHERER, ESQUIRE
O'BRIEN, BARIC & SCHERER
19 WEST SOUTH STREET
CARLISLE, PA 17013
IRWIN & McKNIGHT
1,4"d, o. it x
Dougla?G. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Date: May 18, 2006
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CAROL A. KUNTZ,
Plaintiff,
V.
DELANOR D. KUNTZ, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005 -1811 CIVIL TERM
IN DIVORCE
PRAECIPE TO ATTACH EXHIBITS
TO THE PROTHONOTARY:
Please attach the following exhibits to the Petition for Emergency Special Relief which
was filed in the above-captioned matter on May 18, 2006.
Exhibit "A" - Protection for Abuse Order
Exhibit "B" - Order of Court regarding custody dated April 5, 2005.
Respectfully submitted,
IRWIN & McKNIGHT
By: /% A
Do glas . Miller, Esquire
Supreme Court I.D. No: 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Attorney for Petitioner,
Carol A. Kuntz
Date: May 19, 2006
EXHIBIT "A"
CAROL ANN KUNTZ,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF.
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DELANOR DAVID KUNTZ, JR.,
DEFENDANT
04-5951 CIVIL TERM
PROTECTION FROM ABUSE ORDER
(1) Defendant is Delanor David Kuntz, Jr.
(2) Defendant's date of birth is November 12, 1961.
(3) Defendant's social security number is 177-42-4411.
(4) Plaintiff Carol Ann Kuntz, born April 27, 1962, is the wife of defendant.
AND NOW, this LI-k- day of February, 2005, following a hearing,
and finding that defendant abused plaintiff, IT IS ORDERED:
(1) The temporary protection from abuse order entered on December 1, 2004, is
vacated and replaced with this order.
(2) Defendant shall not abuse plaintiff.'
(3) Defendant is excluded from plaintiff's residence at 210 Green Hill Road,
Newville, Pennsylvania 17241, or any other residence where she may live.
(4) Physical custody of the parties' children, Jonathan Kuntz and Megan Kuntz,
shall be with plaintiff, with defendant having reasonable periods of partial custody as
agreed upon or by any further order entered in any custody case.
(5) Certified copies of this order shall be provided to the Pennsylvania State
Police-Carlisle Barracks.
(6) All provisions of this order shall expire on June 1, 2006.
' We are not entering an order for the protection of any of the parties' children.
NOTICE TO THE DEFENDANT
You are notified that violation of this Order may result in arrest for indirect criminal
contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in
jail. 23 Pa.C.S. §6114. Any consent of Carol Ann Kuntz to return to your residence
shall not invalidate this Order, which can only be changed or modified through the filing
of appropriate court papers for that purpose. 23 Pa.C.S. §6113. A violation of this Order
may subject you to state charges and penalties under the Pennsylvania Crimes Code
and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C.
§§2261-2262.
. NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the
plaintiffs residence or any location where a violation of this order occurs or where the
defendant may be located. If defendant violates this Order, he may be arrested on the
charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made
without warrant, based on probable cause whether or not the violation is committed in
the presence of law enforcement. Subsequent to any arrest, the law enforcement
officer shall seize all weapons used or threatened to be used during any violation of this
Order. Weapons shall forthwith be delivered to the Cumberland County Sheriff's Office,
which office shall maintain possession of the weapons until further Order of this court,
unless the weapon/s are evidence of a crime,. in which case, they shall remain with the
law enforcement agency whose officer made the arrest.
Jessica Diamondstone, Esquire
For Plaintiff
Michael Scherer, Esquire
For Defendant
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EXHIBIT "B"
RECEIVED APR 0 41005
DELANOR D. KUNTZ, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-1220 CIVIL T ?;a-ly CAROL A. KUNTZ, . CIVIL ACTION - LAW Ea
Defendant -;, 2001
IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2005, upon
consideration of the attached Custody Conciliati n Report, it is ordered and directed as
follows:
1. The Custody provision included in the PFA Order of Court dated February
4, 2005 is hereby vacated.
2. The Father, Delanor D. Kuntz, Jr. and the Mother, Carol A. Kuntz shall
have shared legal custody of Jonathan David Kuntz, born July 1, 1990 and Megan
Elizabeth Kuntz, born December 1, 1992. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions
affecting the children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
Mother shall have primary physical custody of the children.
4. Father shall have periods of supervised visitation four hours every week
either on Saturday or Sunday as agreed by the parties. The supervisors may be Father's
mother or sister or Mother's parents.
5. Father and the children shall attend counseling with a counselor selected
by the attorneys for the parties. Mother shall be included in the counseling if the
counselor recommends her inclusion. Father shall be responsible for any costs incurred
with the counseling. Father and Mother shall coordinate the scheduling of the
counseling. All parties shall sign releases so that the counselor may communicate with
all other counselors, if deemed appropriate.
6. Mother shall be responsible for transportation.
7. The parties shall refrain from making any disparaging or negative remarks
with regard to the other directly to the Children or in the presence of the Children. Each
shall ensure that third parties in his/her presence make no such remarks in the presence of
the Children. Moreover, neither party shall do anything to alienate the affection of the
Children for the other parent.
8. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Either
party may contact the Conciliator to schedule another Conciliation Conference after three
counseling sessions have occurred.
BY THE COURT,
cc: Michael A. Scherer, Esquire, Counsel for Father
Douglas G. Miller, Esquire, Counsel for Mother
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DELANOR D. KUNTZ, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :2005-1220 CIVIL TERM
CAROL A. KUNTZ, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Jonathan David Kuntz July 1, 1990 Mother
Megan Elizabeth Kuntz December 1, 1992 Mother
2. A Conciliation Conference was held in this matter on April 1, 2005, with
the following individuals in attendance: The Father, Delanor D. Kuntz, Jr., with his
counsel, Michael A. Scherer, Esquire and Mother, Carol A. Kuntz, with her counsel,
Douglas G. Miller, Esquire.
3. The Honorable Edgar B. Bayley entered an Order of Court dated February
4, 2005 in a PFA action against Father at docket no. 2004-5951 that included a custody
provision. It provided for Father to have reasonable periods of partial custody as agreed
upon or by any further order entered in any custody case.
4. The parties agreed to the entry of an Order in the form as attached.
Date ac eline M. Verney, Esquire
Custody Conciliator
CAROL A. KUNTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
:2005-1811 CIVIL TERM
DELANOR D. KUNTZ, JR., .
Defendant. : IN DIVORCE
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Praecipe was served
upon the following by depositing a true and correct copy of the same in the United States mail,
First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
MICHAEL A. SCHERER, ESQUIRE
O'BRIEN, BARIC & SCHERER
19 WEST SOUTH STREET
CARLISLE, PA 17013
IRWIN & McKNIGHT
'-L ". ?-4 e., 4,f,. iz
Dou ras d/ Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Date: May 19, 2006
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MAY r1 a 2006
CAROL A. KUNTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
:2005-1811 CIVIL TERM
DELANOR D. KUNTZ, JR.,
Defendant. : IN DIVORCE
ORDER OF COURT
AND NOW, this -w-1day of 2006, upon consideration of the
attached Petition for Special Relief, a hearing is hereby scheduled for
, 2006, in Courtroom No. _d , at l t 26) o'clock .m.,
Cum rland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013.
Pending the outcome of the hearing scheduled above, Plaintiff is granted continued
exclusive possession of the marital residence located at 210 Green Hill Road, Newville,
Cumberland County, Pennsylvania.
BY THE
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L1 :01 VI ZZ M 9001
CAROL A. KUNTZ,
Plaintiff
V.
DELANOR D. KUNTZ, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005-1811 CIVIL TERM
ORDER OF COURT
AND NOW, this 31st day of May, 2006, pending a hearing
on the merits, the Petition of Carol A. Kuntz for exclusive
possession of the jointly owned home and property at 210 Green Hill
Road, Newville, Pennsylvania, Cumberland County, is granted pending
any further order of Court and final disposition in the divorce
proceedings.
Douglas G. Miller, Esquire
60 West Pomfret Street
Carlisle, PA 17013-3222
For the Plaintiff
Michael A. Scherer, Esquire
19 West South Street
Carlisle, PA 17013
For the Defendant
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CAROL A. KUNTZ, : IN THE P OURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff -
Vs.
DELANOR D. KUNTZ, JR., Docket No. 2005-1811
Defendant
MOTION FOR APPOINTMENT OF MASTER
Carol A. Kuntz (Plaintiff) (?), moves the court to appoint a master with
respect to the following claims:
() Divorce (K) Distribution of Property
O Annulment O Support
(10 Alimony Oc) Couajsel Fees
() Alimony Pendente Lite () Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims (s) for which the appointment of a master is
requested.
(2) The defendant (has) fit) appeared m the action ( y) (by his attorney,
Michael A. Scherer , Esquire).
(3) The Staturory ground (s) for divorce (is) (are)
_3301(a) 3301(c) 3301(d)
(4) Delete the inapplicable paragraph(s):
a.
b. An agreement has been reached with respect to the following claims:
None.
c. The action is contested with respect to the following claims:
Equitable distribution, Alimony, Counsel fees
(5) The action (kvv?aas) (does not involve) complex issues of law or fact
(6) The hearing is expected to take 1/2 (=) (days).
(7) Additional information, if any, relevant to the motion:
None.
Date: 6/5/09
Atto&Cy f (Plaintiff) (wit)
Print Attorney Name ......... Douglas IG. Miller, Esquire
AND NOW, , 20 Esquire
is appointed master with respect to the following claims:
By the Court:
ICE
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2009, JUN -5 PM 2: 4 4
CUP, twa' t11i7Y
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CAROL A. KUNTZ, : IN TBE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs.
DELANOR D. KUNTZ, JR., Docket No. 2005-1811
Defendant
MOTION FOR APPOINTMENT OF MASTER
Carol A. Kuntz (Plaintiff f, moves the court to appoint a master with
respect to the following claims:
(1) Divorce (K) Distribution of Property
() Annulment ( ) Support
(10 Alimony kk) Counsel Fees
() Alimony Pendente Lite {) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims (s) for which the appointment of a master is
requested.
(2) The defendant (has) fit) appeared in the action (}y) (by his attorney,
Michael A. Scherer , Esquire).
(3) The Staturory ground (s) for divorce (is) (are)
3301(a). 3301(c). 3301(d)
(4) Delete the inapplicable paragraph(s):
a.
b. An agreement has been reached with respect to the following claims:
None.
c. The action is contested with respect to the following claims:
Equitable distribution, Alimony, Counsel fees
(5) The action {) (does not involve) complex issues of law or fact
(6) The hearing is expected to take 1/2 `=) (days).
(7) Additional information, if any, relevant to the motion:
None.
Date: 6/5/09
Atto f (Plaintm (fit)
Print Attorney Name ......... Douglas G. Biller, Esquire
ORD INTING TER
AND NOW, .20 dQ , &-.oeWA?# 6", Esquire
is appointed mastf with respect to the following claims:,jA ,??±?t
By ourt:
J.
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6
CAROL A. KUNTZ,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
DELANOR D. KUNTZ, JR.
Defendant
NO. 2005-1811 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on April 6, 2005.
2. Defendant acknowledges receipt and accepts service of the Complaint on
April 12, 2005.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4. 1 consent to the entry of a final decree in divorce without notice.
5. 1 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.
6. 1 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.
7. 1 have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
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: i1 1 P AL, d4d
T? Delanor D. Kuntz, Jr.
F1 ED,-.t.I_rFiCE
OF THE PRA I?-IONOTARY
2009 DEC f l Pty 3: 46
cum 01, "JUNTY
PENNSYLVANIA
CAROL A. KUNTZ,
Plaintiff,
V.
DELANOR D. KUNTZ, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:2005-1811
CIVIL TERM
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
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1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
6, 2005.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. 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.
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
unworn falsification to authorities.
Date:
C L A. KUNTZ
Plaintiff
CAROL A. KUNTZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW c o i
^YK (.,
:2005-1811 CIVIL TERM
DELANOR D. KUNTZ, JR.,
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Defendant. : IN DIVORCE 'T'
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
Date: 4?,tJ 9 e
C L A. KUNTZ
Plaintiff
CAROL A. KUNTZ,
Plaintiff,
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DELANOR D. KUNTZ, JR.,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
2005 -1811
CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
decree:
Code.
Transmit the record, together with the following information, to the court for entry of a divorce
1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and/or (d) of the Divorce
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was
served upon the defendant, Delanor D. Kuntz, by service upon his attorney, Michael Scherer on April 12,
2005. The Acceptance of Service was filed with the Prothonotary on or about April 13, 2005.
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: December 18, 2009 by defendant: December 11, 2009
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code:
(b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit
Record, a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: January l2, 2010
Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: December 11, 2009
Doug as Mil r, E uire
Attorney for Plaintiff
Date: November 7, 2012
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAROL A. KUNTZ,
V. :
DELANOR D. KUNTZ, JR. Np. 2005-1811
DIVORCE DECREE
AND NOW, N~/~r ~ Zo i 2- , it is ordered and decreed that
CAROL A. KUNTZ, ,plaintiff, and
DELANOR D. KUNTZ, JR. ,defendant, are divorced from the
bonds of matrimony.
Any existing spousa{ support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None.
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By the Court,
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