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HomeMy WebLinkAbout05-5758ABRAHAM LAW OFFICES 2157 MARKET STREET CAMP HILL, PA 17011 (717) 763-1700 HARVEY J. KUTZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,, PENNSYLVANIA V. :NO. MELISSA P. KUTZ : CIVIL ACTION - LAW Defendant : 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of Court Administrator, 4t' Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. 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: Court Administrator 4"' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HARVEY J. KUTZ Plaintiff V. MELISSA P. KUTZ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS -S7 S8 CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, comes Plaintiff, Harvey J. Kutz, by and through his attorney, James W. Abraham, Esquire, Abraham Law Offices, Camp Hill, Pennsylvania, 17011, and files the following: COUNT I - DIVORCE (Pursuant to 23 Pa.C.S.A. Section 3301(c)) 1. Plaintiff, Harvey J. Kutz, is an adult individual who currently resides at 70 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Melissa P. Kutz, is an adult individual who currently resides at 70 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 16, 1986 in Dubois. Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are not members of the Armed Forces of the United States. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. Respectfully submitted: James W. Abraham, Esq. Abraham Law Offices 2157 Market St. Camp Hill, PA 17011 (717) 763-1700 Attorney for Plaintiff, Harvey J. Katz DATE: 11/2/05 VERIFICATION I, ?44 2VF7 J IZL/T-Z-- , the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I hereby further understand that any false statements made therein are subject to the penalties of Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: / / - I - C S CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document, by certified mail, upon the following person at the following address on the date stated herein: Melissa P. Kurz 70 Emlyn Lane Mechanicsburg, PA 17055 DATE: 1112105 James W. Abraham, Esquire t^ V V V G7 c d G., U? i. r '.n r? r ", l I =Urn MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this A? day of , 2007, by and between, Harvey J. Kutz, hereinafter referred to as "HUSBAND", and Melissa P. Kutz, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 16, 1986, in DuBois, Pennsylvania; WHEREAS, the parties have three (3) minor children, being Sarah M. Kutz, born September 11, 1995; Morgan A. Kutz, born December 21, 2004, and Michael J. Kutz, born April 12,1993; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the 06/18/2007 mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND had been independently represented by James W. Abraham, Esquire. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 06/18/2007 2 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 06/18/2007 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for 06/18/2007 4 divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements, inheritances or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether 06/18/2007 the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 06/18/2007 6 11. BINDING EFFECT OF AGREEMENTIWAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either parry breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 06/18/2007 7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake. The parry responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, 06/18/2007 8 clothes, furniture, and other assets. The parties agree that they shall distribute the personal property in accordance with the list attached hereto as Exhibit "A." HUSBAND agrees that all assets identified for WIFE on Exhibit "A" shall be the sole and separate property of WIFE and, WIFE agrees that all assets identified for HUSBAND on Exhibit "A" shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property to establish separate ownership for either party. The parties agree to cooperate to execute all titles or other evidence of ownership as may be required for any individual asset. B. REAL ESTATE The parties jointly own property at 70 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by CCO Mortgage Company in the approximate amount of Four Hundred Four Thousand Dollars ($404,000.00). WIFE desires to maintain said home and reside therein with the minor children. HUSBAND hereby agrees to convey his interest in the real estate to WIFE upon the condition that WIFE refinances the existing mortgage debt in her name alone. WIFE has been pre-approved for said refinance. Effective the date of refinance, WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any mortgages, loans, taxes, insurance and/or any debts associated with the real estate and shall hold HUSBAND harmless and indemnify 06/18/2007 9 HUSBAND as to any default by WIFE as to said debts and/or any obligations, financial or otherwise, associated with the real estate. Notwithstanding the above, it is specifically agreed to by the parties that HUSBAND shall pay to WIFE one-half (1/2) of the 2007-2008 school real estate taxes. Simultaneously with the execution of this Agreement, HUSBAND agrees to execute a deed wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. This deed shall be held in escrow by the attorney for WIFE and recorded upon the event of the successful completion of the refinancing of the mortgage debt. HUSBAND also has an interest in a fifty (50) acre hunting camp. WIFE does hereby waive any and all claims to this real estate and assets of this real estate, including any claim in the increase in value of the property since the date of HUSBAND's acquisition of same. C. MOTOR VEHICLES The parties had interest in various motor vehicles existing at the time of separation. The parties agree to disposition of these assets as follows: a) HUSBAND had an interest in a 2004 Buick and a 2003 Chevy Trailblazer. WIFE acknowledges that HUSBAND's interest in these vehicles was acquired through gift and/or inheritance and HUSBAND shall maintain sole ownership of said vehicles. WIFE waives any claims to said vehicles. b) The parties had acquired a 2005 Chevy Equinox. This vehicle is encumbered with a loan due and owing to M&T Credit Services. WIFE shall be the sole owner of 06/18/2007 10 this vehicle and shall assume responsibility of payment of this car loan. WIFE agrees to indemnify and hold HUSBAND harmless for any liability due and owing on the vehicle loan. HUSBAND agrees to promptly coordinate and cooperate in the transfer of title to WIFE as may be required. c) The parties also owned a 2002 Polaris four wheeler and a 1996 Worthington Open Trailer. Neither of these vehicles are encumbered. HUSBAND shall be the sole owner of these vehicles and WIFE does hereby waive any and all claims of ownership to these vehicles. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts at PSECU which existed at the time of separation have been liquidated and used to pay marital obligations with their joint consent. The parties also agree that the Janis Account and the Vanguard Accounts (including the Tax Exempt Fund, the 500 Index Fund, the Windsor H Fund) have been used or will be used to satisfy marital debt. These accounts will be closed. The parties acknowledge the disposition of these funds have been agreed to the full satisfaction of the parties. HUSBAND had withdrawn post separation the sum of Eight Thousand Dollars ($8,000.00) from the Vanguard Funds. Said funds shall be HUSBAND's sole property and WIFE waives any claim for any portion of these assets. The parties agree to the present disposition of the current balances existing in the following marital accounts: 06/18/2007 11 a) The parties shall divide equally the balance in the following accounts: 1. Arthurs Lestrange (Account No. KE1-276618) which has an estimated balance of Forty-nine Thousand Five Hundred Dollars ($49,500.00). 2. Victory Mutual Funds (Account No. 841-206291) which has an approximate balance of Fifty-three Thousand Six Hundred Eighty-six Dollars and 58/100 ($53,686.58). 3. American Fund (Account No. 60512432) which has an approximate balance of Forty-eight Thousand Eight Hundred Seventy-six and 08/100 ($48,876.08). b) The parties agree that the following account shall be the sole property of HUSBAND: 1. Citizens Bank (Account No. 6140-271339). Each party hereby waives, relinquishes and releases any claims to the financial accounts assigned to the other pursuant to this paragraph. E. PENSION AND RETIREMENT ACCOUNTS: During the marriage, each party has accumulated certain retirement benefits through their employment. The parties agree to the division of these retirement benefits as follows: The following benefits shall be the sole and separate property of HUSBAND and WIFE hereby waives and relinquishes any and all claims thereto: a) PSERS Pension from Commonwealth of Pennsylvania public school employment; 06/18/2007 12 b) American Funds (Account No. 57009355); c) Vanguard 403(b) Primecap Investment Fund (Account No. 9892324908); and d) Vanguard 403(b) European Stock Fund (Account No. 982323908). The following benefits shall be the sole and separate property of WIFE and HUSBAND hereby waives and relinquishes any and all claims thereto: a) 403(b) TSAT Plan (No. 300047); b) American Funds (Account No. 57009356); c) American Funds (Account No. 60894068); and d) HealthSouth ESSOP. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. The parties confirm that there is no cash value in these accounts and that those policies are term policies. However, each party further agrees to name each child as beneficiary of a life insurance with a minimum benefit value of One Hundred Sixty-six Thousand Six Hundred Sixty-seven Dollars ($166,667.00) per child. Each policy shall be carried at the sole cost of the owner and shall remain in full force and effect by each parent until the child reaches the age of twenty-one (21) years, at which time this obligation for that child shall terminate. It is agreed that while the child is less than twenty-one (21) years of age, the other party shall be named as trustee for the benefits of the children up to designated minimum sum of One Hundred Sixty-six Thousand Six Hundred Sixty-seven Dollars ($166,667.00) so that said parent can utilize this sum for the 06/18/2007 13 support and needs of the children upon the death of the other parent. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other parry may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other parry or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties confirm their intention as stated in Section H (B) of this Agreement that they shall share equally the obligation for the 2007 real estate taxes. To the best of the parties' knowledge and belief, there are no other joint debts or obligations. All joint credit cards have been terminated. SECTION III 1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT, MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony 06/18/2007 14 pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. SECTION IV CHILD SUPPORT AND CUSTODY 1. CHILD SUPPORT HUSBAND agrees that he shall maintain health insurance coverage for the parties' children through his current employment. Health insurance shall be subject to review based upon job change or change in coverage, at which time insurance options will be reassessed as to both HUSBAND and WIFE's options regarding health insurance coverage for the children. Determination will be based on availability, cost and like coverage. Also, the parties agree to share equally all non-reimbursed medical expenses for the children as well as the fees and costs associated with extracurricular activities for the children upon which activities the parties agree. 2. CHILD CUSTODY The parties agree that they shall continue to share legal and physical custody and shall continue the schedule implemented since separation. This schedule shall consist of alternating Friday evenings through Monday mornings, and allowing WIFE to have Monday and Tuesday overnight and HUSBAND to have Wednesday and Thursday overnight. The holidays of Thanksgiving, Christmas and Easter shall be shared as the parties can agree. The legal holidays of Memorial Day, July 40, and Labor Day shall be alternated between the parties. Each party 06/18/2007 15 shall be entitled to at least two weeks of non-consecutive vacation time each year and agrees to give to the other at least thirty (30) days notice in advance of exercising these weeks of vacation. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. i C WITNESS ;;WITNESS 06/18/2007 16 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF L/l?i??! ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Harvey J. Kutz, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. to before me this /P day of June, 2007. My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTARIAL SEAL BARBARA SUMPLE-SULLNAN Notary Public BERLAND BOROUGH ( BERLAND COUNTY My Commission Expires Nov 15, 2007 ) ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Melissa P. Kutz, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed NOTARY PUBLIC My commission expires: (SEAL) NOTARIAL SEAL BARBARA SUMPLE SULLNAN Notary Public NEW CUMBERLAND BOROUGH CUMBERLAND COUNTY 7 My Commission Expires Nov 15, 2007 06/18/2007 17 to before me this l day of June, 2007. INUTAKI rUDl.ll. Assets Living Room Sleeper Sofa H Leather Recliner H Chair and Ottoman H Marble Table H Oak Dining Room Table H 5 Oak Dining Room chairs H Harvey J. Kutz Trunk H Oak Queen Head and Footboard H Oak Dresser H Oak Chest H 2 lamps from.study H 1 Oak bedside table H 1 cherry Chest of Drawers H 1 Cherry Nightstand H 1 new desktop computer H Oak accent table H 1 computer desk H 1 antique twin head and footboard H 1 antique chest of drawers H oak side chest with drawers H 1 Polaris ATV - At Harveys Camp H 1 rotatiler H Red Toolchest H 2 Televisions H 1 Cherry TV stand H 1 inlaid accent chest H 2 twin beds, matress and box springs H Contents of Harvey and Melissa Home computer M .printer 2 wicker chairs in girls bedrooms M -V WV 1 trailer (AT CAMP) H Push Mower M Snow blower M 1 riding lawn mower H 112 of quilts M 112 tools M Harvey J. Kutz Safe H 1 Oak Bench- matches table and chairs at Harvey's aptH 1 oak bedside table that matches Harveys set H Antique Cherry Dining Room Table H 6 Dining Room chairs H 1 buffet H 1 china closet H contents in dining room service except as noted M Items in china closet from Doris Kutz Apartment H China Service for 9 all pieces M Silver service from Kutz Home H Silver Plate Service from Pozza Home VO 9 silver storage box and contents from Kutz Home H 1 piano M 2 end chairs - living room M Copper magazine holder from den M loveseat -- M easy chair and ottoman M 3 end tables M 3 lamps M 1 swing arm lamp M 1 stripped :end chair M 1TV M 1:cherry entertainment center M All accessories in family room M Kitchen appliances - M 1/2Quilts (AT HARVEI^S) H washer -and dryer M 4 seat raised outdoor table with umbrella M 2'twiin beds.and headboards M 1 queen headboard and frame M 1 dresser and mirror - Sarahs room M 1.bedside table-oak from Aunt Laura 1.cherry.chest of drawers H Remaining 1 /2 tools H Kitchen table and 6 chairs M 4 bar stools M All remaining prints 50/50 Hummels given to Melissa as gifts in prior years M Hummels that were Harvey's mothers H All jewelry given to me as gifts not appraised M cedar chest given to me by my mother and father M Oak Desk-and Hutch ?Wm Secretaries Desk M 2 ravens PSLs M .3 Steeler PSLs H Deck table and 6 chairs H 3 Chaise lounge chairs and folding tables at pool M Redwood picnic table and 2 benches H Garage Refridgerator ? Garage Freezer ? M 1 antique accent table - McMains H All other furniture in chiidrens rooms M Artwork - Inheritance H 2 PVs (basement) M Workout H Storage items and decorations in basement marked 50/50 All other personal items in home will remain with respective person Items neither wants/sale Oak end table Oak coffee table Gun Cabi Oak Entertainment Center • :Futon and matress . Couch and Loveseat in Basement v C s V, c.. f .t _t ,tr - C-n C C:) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HARVEY J. KUTZ, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA P. KUTZ, Defendant : NO. 05 - 5758 CIVIL ACTION -LAW IN AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 4, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ?$ 01 ? W_ H RV J. TZ ° a C? N Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HARVEY J. KUTZ, IN THE COURT OF COMMON PLEAS Plaintiff V. MELISSA P. KUTZ, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5758 CIVIL ACTION -LAW IN WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(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 statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: 18 d? aLw ? 6? A VE . KUT C -a ' -ri ? c n j z C, 3 3? ? t'V d c.n Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HARVEY J. KUTZ, IN THE COURT OF COMMON PLEAS Plaintiff V. MELISSA P. KUTZ, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 5758 CIVIL ACTION -LAW IN AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 4, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: MELISSA P. KUTZ c C) -n em . MM f y f .. ? ?C7 c yp ? N yam-.! CJ't ? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HARVEY J. KUTZ, IN THE COURT OF COMMON PLEAS Plaintiff V. MELISSA P. KUTZ, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5758 CIVIL ACTION -LAW IN WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE 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 statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unswom falsification to authorities. DATE: MELISSA P. KUTZ f7 c m :.. C-- ? Fn - a X- rn [rya ^ t ? `? ?yy 35 or Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner HARVEY J. KUTZ, Plaintiff V. MELISSA P. KUTZ, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5758 CIVIL ACTION -LAW IN PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail - Return Receipt Requested on November 9, 2005. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: June 18, 2007; by Defendant: June 18, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 18, 2007 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce w filed with Prothonotary: June 20, 2007. Date Defendant's Waiver of Notice in §301(34 Divorce was filed with Prothonotary: June 20, 2007. ,.//? Dated: June 20, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner HARVEY J. KUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff V. MELISSA P. KUTZ, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 5758 CIVIL ACTION -LAW IN CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: James W. Abraham, Esquire Abraham Law Offices 2157 Market Street Camp Hill, PA 1 DATED: June 20, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant 1 - 22 Cam. --' i ? c. n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. HARVEY J. KUTZ, _ r Plaintiff No. VERSUS MELISSA P. KUTZ, Defendant DECREE IN DIVORCE 05 - 5758 AND NOW, t*1 2007 IT IS ORDERED AND Harvey J. Kutz DECREED THAT AND Melissa P. Kutz ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR I T S ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 18, 2007 and incorporated, but not merged the Decree. BY T41 COU ATTEST: V j J. PL M PROTHONOTARY 40v