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HomeMy WebLinkAbout06-4351JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff BONNIE DERR-GONTZ, Plaintiff V. CHARLES L. GONTZ, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DE FCHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pfiginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambidn ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes pars usted. Cuando la base pars el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estd disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, York County Courthouse, 45 North George Street, York County Judicial Center, York, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. York County Lawyer Referral Service 45 North George Street York Judicial Center York, Pennsylvania 17401 717-854-8755 JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff BONNIE DERR-GONTZ, Plaintiff V. CHARLES L. GONTZ, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. - 4391 llc;, L l CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE Plaintiff is Bonnie Derr-Gontz, an adult individual who has resides at 239 Ewe Road, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant is Charles L. Gontz, Jr. , an adult individual who currently resides at 239 Ewe Road, Mechanicsburg, Cumberland County, PA 17055. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 16, 1981 in Hummelstown, Dauphin County, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither the Plaintiff nor the Defendant is in the military or naval services for the United States or its allies within the provisions of the Solders" & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. avers that there are two children born of this marriage. 7. Plaintiff avers that there is one (1) minor child of this marriage. Alexis D. Gontz age 6. The marriage is irretrievably broken. 9. 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. The parties have been actively participating in marriage counseling. The Plaintiff declines further counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, JOANNE HARRISON CLOUGH, PC Dated: " JOANNE HARRISON ('DOUGH, ESQUIRE Attorney I.D. No. 36461 v 24 N. 32nd Street Camp Hill, PA 17011 Telephone No. (717) 737-5890 Counsel for Plaintiff VERIFICATION I, Bonnie Derr-Gontz, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: U- glez? BO NIE DERR-GONT n ?J BONNIE DERR-GONTZ, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OJ - 113,5-/ &< j/// 7e-j CHARLES L. GONTZ, JR., CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Charles L. Gontz, Jr., acknowledge that I received a true and correct copy of a time stamped Complaint in Divorce filed on July 31,2006 in the above captioned action by first class mail on the 42- of August, 2006. Date: a 7/a Charles L. Gontz. Jr. Pd CD .c: ,.yam •^- ^ - e "Tl - -0 f- MARITAL SETTLEMENT AGREEMENT $- y-THIS AGREEMENT, made this / day of December, 2006, by and between Bonnie Derr-Gontz, (hereinafter "WIFE") and Charles L. Gontz Jr., (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on May 16,1981, in Hummelstown, Dauphin County, PA; and separated in June 2006; and WHEREAS, the parties have three children of this marriage; Heather S. Gontz 23, Christopher Gontz 20, and Alexis D. Gontz, born February 4, 2000, age 6; WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire. HUSBAND is represented by Thomas Gould, Esquire. 1 The parties have also jointly engaged the services of a neutral mediator, Melissa P. Greevy, Esquire to work with them to mediate a resolution of their marital dissolution issues. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 06-4351 on July 31, 2006. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each 2 executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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 of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a 3 complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 239 Ewe Road, Mechanicsburg, Cumberland County, PA 17055. In consideration of the other promises and property transfers set forth in this Agreement, HUSBAND and WIFE agree that the marital residence has an agreed value of $212,000 and shall be transferred to WIFE. WIFE has pre qualified for a 30 year loan at 8% interest on a $174,000.00 loan. However the parties have agreed that if WIFE continues to pay the bills on time through December of 2006, she will be able to pre qualify for a 63/4% loan by January 30, 2007. HUSBAND and WIFE agree to wait until on or after January 30, 2007 to try to process WIFE's refinancing loan at a lower interest rate. On or after January 30, 2007 WIFE shall refinance the primary mortgage with an appropriate loan balance of $133,824. and the home equity loan with an approximate balance of $28,000.00 and to apply for the financing to pay off the entire Chase Visa 4 debt balance of $4,683.00 and the 5f 3rd Bank loan on her car with an approximate balance of $1,871.00. WIFE shall be solely responsible for the loan refinancing costs. WIFE shall retain the equity in the marital residence. The parties agree that HUSBAND may continue to reside in the marital residence until the refinancing settlement. HUSBAND shall continue to contribute monies equally in to the household account after the execution of the Marital Settlement Agreement and through to the date of the refinancing settlement. 8. DEBTS. HUSBAND and WIFE agree that the joint Chase Visa account shall not be used by either party. In consideration of WIFE receiving 100% of the equity in the marital residence as set forth in paragraph 7 here above, WIFE agrees to assume all of the joint debt listed here below, and to pay all said debt in full at the time of the mortgage refinancing settlement as follows: WIFE agrees to pay off the balances: a. on the joint Chase Visa off approximately $4,683.00; and b. the Belco Visa account balance of approximately $ 14,233.00; and c. the 5th 3rd bank loan on WIFE's car. WIFE agrees to be solely responsibly for and to indemnify and hold HUSBAND harmless on said obligations. HUSBAND further agrees to continue to contribute equally on the utility bills so they are paid in full on the date of refinancing settlement when WIFE assumes sole ownership of the marital residence. If either party has acquired debt in his or her sole name, the parties agree that each shall assume full and complete responsibility for his or her own debts. 5 HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 4. RETIREMENT BENEFITS. HUSBAND shall retain as his sole and separate property his small retirement account with Merrill Lynch with an approximate value of $500.00 HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives his right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The parties agree to continue to use the joint Belco checking 6 account and to each continue to contribute to the said account as the operating account to pay the marital residence expenses until the refinancing settlement. After the refinancing settlement this account shall be closed and the remaining funds, if any, divided evenly between the parties. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. LIFE INSURANCE. HUSBAND has a term life insurance policy through his current employment. HUSBAND shall list WIFE as irrevocable beneficiary of said life insurance policy or list her as irrevocable beneficiary on any future life insurance policy he may acquire through employment, until Alexis reaches age 22. HUSBAND agrees in the event he loses his employment, he agrees to convert said life insurance and maintain said policy if it is available at a reasonable cost. WIFE currently has a life insurance policy with a death benefit of $150,000. WIFE agrees to maintain said policy and designate HUSBAND as the irrevocable beneficiary trustee for the sole benefit of Alexis until Alexis reaches the age of 22. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 7 13. VEHICLES. The parties own a 1999 Toyota Rav 4 vehicle. Said vehicle is encumbered by a loan with 51h 3rd Bank. WIFE agrees to pay off said loan in full at the time of her refinancing settlement as set forth in paragraphs 7 and 8 here above. HUSAND agrees to transfer any and all right, title, claim and interest he has in said property to WIFE and said vehicle shall be her sole separate property. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. 15.a Support: The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties 8 further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. HUSBAND specifically acknowledges he will need to obtain his own health insurance at his sole expense after the parties are divorced. 15b. Child Support: HUSBAND and WIFE agree that HUSBAND shall pay to WIFE the sum of EIGHT HUNDRED DOLLARS AND XX/00 ($800.00) per month in child support for the support of the parties' minor daughter Alexis. Said support obligation shall commence the date of WIFEs refinancing settlement and be entered as a Court Order and collected through the Cumberland County Domestic Relations office via a bi- weekly wage attachment of THREE HUNDRED SIXTY-NINE DOLLARS AND 23/00 ($369.23). Said support obligation shall continue until the child graduates from high school. The parties specifically agree that WIFE shall claim Alexis as a dependant on Federal Income Tax filings. WIFE agrees to pay Alexis's health insurance premium costs without contribution from HUSBAND. The parties agree the child support provisions set forth in this Agreement may be modified upon a material change in circumstance. The parties further agree that in the event they are unable to agree to a modification of the support provision, they will return to mediation to attempt to resolve the support issue before resorting to the Court process. 16. 2006-INCOME TAXES AND FINALIZATION OF DIVORCE: HUSBAND and WIFE agree to each sign consents and waiver and any other documents necessary contemporaneously with this Agreement, but specifically agree to wait to file for the entry of the final Divorce Decree until the first week of January 2007. The parties specifically agree to file joint income tax returns for the 9 2006 tax year and to evenly contribute to any tax obligation(s) owed and to equally divide and tax refunds that may be received. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, 10 spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 11 25. FUTURE DISPUTES: HUSBAND and WIFE specifically agree to return to the mediation process first before resorting to the Court process in the event any future disputes arise between them. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowle ft, the receipt of a duly executed copy hereof. Witness /tom Z). 'V'? Witness Bonnie Derr-Gontz Charles L. Gontz 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUm?3E>2?gN? SS. On the I S? day of rn??2[ 2006, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Bonnie Derr Gontz, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notarial Seal Mary M. Loper, Notary Public Camp Hill Boro, Cumberland County My Commission Expires W. 27, 2007 f-`,?ri9S??{venia Ati?s c?ch.iv rya r.?VF-.a7 :A001UA -M -;4'ffn Notary Pub 'c My Commission Expires: Cx?o??^ -? r Abp -? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBER LAN 6 SS. SF On the ) day of 7C a.rrai' , 2006, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Charles L. Gontz, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notarial Seal Mary M. Loper, Notary Public. Camp Hill Boro, Cumberland County My Commission Expires Oct. 27, 2007 Notary Pub 'c My Commission Expires: OL?Q L- , aL'D- 1 13 CP BONNIE DERR-GONTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- 4351 CIVIL TERM CHARLES L. GONTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 31, 2006 . 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: Bonnie Derr-Gontz t7 rv '? rT 7 r7i .? i 33 e = ? CA L l -ICU • 1 n ) i r o BONNIE DERR-GONTZ, Plaintiff PENNSYLVANIA v. CHARLES L. GONTZ, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : NO. 06- 4351 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: I.Ll k2, llt? Bonnie Derr-Gontz ? C O ut? ' ? fYff r ,.,., r7l CJ.? ? ' 1 't.7 C7 t'-,3 T ?-1 -C BONNIE DERR-GONTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- 4351 CIVIL TERM CHARLES L. GONTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 31, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: l '. Charles L. Gontz t BONNIE DERR-GONTZ, Plaintiff PENNSYLVANIA v. CHARLES L. GONTZ, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : NO. 06- 4351 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(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 statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: Charles L. Gontz r-a C. Q Q Fri C'n V. BONNIE DERR-GONTZ, Plaintiff V. CHARLES L. GONTZ, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4351 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: August 22, 2006 Affidavit of Acceptance of Service signed on August 27, 2006 and filed on November 15, 2006. (b) Manner of service: United States Mail. Affidavit of Service filed: July 31, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff: signed on December 1, 2006 and filed simultaneously with this document. (b) By the Defendant: signed on December 1, 2006 and filed simultaneously with this document. (c) Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (d) By the Plaintiff: signed on December 1, 2006 and filed simultaneously with this document. (e) By the Defendant: signed on December 1, 2006 and filed simultaneously with this document. 4. Related claims pending: NONE DATED: t ` - v ()(] Joanne Harrison Clough, Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff ,.a rn BONNIE DERR-GONTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES L. GONTZ, JR. NO. 2006 - 4351 CIVIL TERM ORDER OF COURT AND NOW, this 12TH day of JANUARY, 2007, it appearing to the Court that the affidavits of consent were not executed within thirty (30) days of the date they were filed as required by Pa. R.C.P. 1920.42 (b) (2), the request for the entry of a divorce decree is DENIED without prejudice. By the Court, Edward E. Guido, J. oanne Harrison Clough, Esquire For the Plaintiff Xomas Gould, Esquire For the Defendant A :sld ?-? ?;, 'c ?.? f? ?.S ? _ L? E "i `M? .? L.- '"? ?? ?? ?? ?, ?-..,3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY %rak STATE OF PENNA. Bonnie Derr-Gontz Plaintiff NO. 06-4351 VERSUS Charles L. Gontz Jr. Defendant DECREE IN DIVORCE a?P AND NOW, IT IS ORDERED AND DECREED THAT Bonnie Derr-Gontz PLAINTIFF, AND Charles L. Gontz Jr. DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AND,it is further ordered,adjudged and decreed, that the terms of the parties Marital Settlement Agreement da ed September 1, 2006, and attached her.Vte-ire incorporated here ATTEST: J. PROTHONOTARY * " ?P-mw ??4 (0. ?/ -/ BONNIE DERR-GONTZ, Plaintiff PENNSYLVANIA V. CHARLES L. GONTZ, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : NO. 06- 4351 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RESUME MAIDEN NAME Notice is hereby given that a final decree in divorce being granted on January 18, 2007, Bonnie Lee Derr-Gontz hereby elects to resume her prior name of Bonnie Lee Derr, and gives this written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704. Bonnie Lee Derr-Gontz to be known as: IA-Al-P 2? Bonnie Lee Derr COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUmeF-401 AM iJ ss. On the ) 14 4-h day of (nQrc,?N , 2007, before me, a Notary Public, personally appeared Bonnie Lee Derr-Gontz t/b/k/a Bonnie Lee Derr known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public V COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Notary Public Camp HE Boro. Cwftdand C=* MV Conrrmion Expires Oct. 27, 2007 Member, Pennsylvania Association Of Notaries ' C 7 mc, t ? ? Q JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff Petitioner BONNIE DERR-GONTZ, Plaintiff V. CHARLES L. GONTZ, JR., Defendant ENFORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4351 CIVIL ACTION - LAW IN DIVORCE AND NOW, this J day of June, 2009, comes Petitioner/Plaintiff Bonnie Derr Gontz, now known as Bonnie Derr, by and through her attorney Joanne Harrison Clough and respectfully files this Petition to Enforce Marital Settlement Agreement and in support thereof avers as follows: 1 Petitioner/Plaintiff Bonnie Derr currently residing at 239 Ewe Road Mechanicsburg, Cumberland County, PA 17055. 2. Respondent/Defendant Charles L. Gontz is an adult individual who currently resides at 373 Schaffner Road, Harrisburg, Dauphin County, PA 17112. 3. The parties entered into a comprehensive Marital Settlement Agreement on December 1, 2006. A true and correct copy of said Marital Settlement Agreement is attached hereto, made part of, and incorporated by reference as Petitioner/Plaintiff's Exhibit No. 1. 4. On January 18, 2007 the Court of Common Pleas of Cumberland County issued a final Decree in Divorce specifically incorporating the terms of the parties' Marital Settlement Agreement in said Divorce Decree. Since January 18, 2007, Respondent/Defendant Charles L. Gontz, Jr. has been in breach of the child support terms of the Marital Settlement Agreement set forth in Paragraph 15b as follows: a. The parties' Marital Settlement Agreement specifically provides that Defendant/Respondent Husband shall pay the Wife the sum of $800.00 per month in child support for support of the parties' minor daughter Alexis, to be paid in bi-weekly payments in the amount of $369.23 commencing on the date of Wife's refinancing settlement on the mortgage of the marital residence as set forth in Paragraph 7 of the Agreement. b. Petitioner/Plaintiff Wife refinanced the debt on the marital residence in accordance with the terms of Paragraph 7 of the Marital Settlement Agreement in January of 2007. c. Defendant/Respondent Charles Gontz made support payments for January 2007 in the amount of $ 800.00 and and February of 2007 in the amount of $ 800.00 and in March 2007 in the amount of $ 200.00 and then failed to make any child support payments to Wife whatsoever, until Wife filed a child support action against Defendant/Respondent and a support Order was entered in August 2008 retroactive to July 10, 2008 in the amount of $ 418.00 per month.. 6. Defendant Husband is in breach of the terms of the Marital Settlement Agreement as follows: a. From January 1, 2007 through December 31, 2007 Defendant's total child support obligation pursuant to the parties' Marital Settlement Agreement was $ 9,600 and he only paid the sum of $ 1800.00 through March of 2007 and Defendant owes a balance of $ 7,800.00 additional dollars of child support for 2007; and b. Defendant failed to pay any child support in 2008 from January 1, 2008 until August 2008 when a child support order was entered against him by Cumberland County Domestic Relations Office in the amount of $418.00 per month. Defendant failed to pay the $ 800 per month due and owing from January 1, 2008 to July 10, 2008 and owes Plaintiff the sum of $5,041.47 for delinquent child support under the Marital Settlement Agreement for back child support under the terms of the Marital Settlement Agreement for 2008 calculated as six months delinquent support from January 2008 through June 2008 in the amount of $4,800.00 and nine days of delinquent child support from July 1 through July 9, 2009 in the amount of $ 241.47 ( calculated per diem). 7. Defendant is in breach of the child support provisions as set forth in the Marital Settlement Agreement and is delinquent in his child support obligation in the total amount of amount of $ 12,841.47 and has failed and refused to pay this delinquent amount despite repeated demand. 8. Paragraph 15, via the Marital Settlement Agreement, specifically provided that "The child support provision set forth in this Agreement may be modified upon a material change in circumstance. The parties further agree that in the event they are unable to agree to a modification of the support provision, they will return to mediation to attempt to resolve the support issue before resorting to the Court process". Petitioner/Plaintiff Bonnie Derr attempted to resolve the support issue with Defendant/Respondent but he failed to take any action to commence paying his support obligation or mediate the issue which resulted in Petitioner/Plaintiff filing the support action against him in July of 2008. 9. Defendant/Respondent is also in breach of Paragraph 16 of the Marital Settlement Agreement regarding the parties' 2006 Income Tax obligations. Paragraph 16 of the Marital Settlement Agreement specifically provides that "The parties agree to a file Joint Income Tax Returns for the 2006 tax year and to evenly contribute to any tax obligation(s) owed". When the parties completed their 2006 Federal Income Tax filing, they owed delinquent taxes which Petitioner paid in full. Defendant/Respondent Husband failed to pay his 50% portion of this obligation and instead tendered only the amount of $1,000.00 to Petitioner and still owes her the sum of $ 1,600.00 as the balance of his 50% obligation of this joint tax liability in direct violation of Paragraph 16 of the Marital Settlement Agreement. 10. As a direct result of Defendant/Respondent Charles Gontz's breach of Paragraphs 15b and 16 of the parties' Marital Settlement Agreement, he has caused Petitioner/Plaintiff Bonnie Derr to suffer specific dollar amount damages in the amount of $ 12,841.47 in delinquent child support and $ 1,600.00 in Defendant's delinquent 2006 tax liability obligation. 11. Pursuant to Paragraph 11 of the Marital Settlement Agreement Defendant is required to list the Petitioner as his beneficiary on any existing or subsequent life insurance policy he acquires through employment, and proof of that insurance beneficiary designation, and maintain said insurance beneficiary designation until the parties daughter, Alexis reaches age 22. 12. Defendant has breached Paragraph 11 of the Agreement and has failed to provide proof of said beneficiary designation to Petitioner. 13. As a direct result of Defendant/Respondent's breach of the afore listed terms of the Marital Settlement Agreement, Petitioner/Plaintiff Bonnie Derr has incurred counsel fees, costs, and expenses in an attempt to enforce her rights under the terms of the Marital Settlement Agreement in a minimum of $800.00. 14. Paragraph 18 of the parties' Marital Settlement Agreement specifically provides that "In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorney's fees, court costs and expenses, including interest and travel costs if applicable which are incurred by the other party in enforcing the agreement whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrong doing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non-breaching parry in protecting and enforcing his or her rights under this Agreement". 15. Pursuant to Paragraph 18 of the Marital Settlement Agreement Defendant/Respondent Charles Gontz is responsible for all of Petitioner/Plaintiff Bonnie Derr's counsel fees, costs, and expenses she incurs in seeking compliance with and petitioning the Court for enforcement of the terms of the Marital Settlement Agreement that Defendant/Respondent breached. 16. Defendant/Respondent is does not concur with the filing of this petition. 17. This matter has not been previously assigned to any judge. WHEREFORE, Petitioner/Plaintiff Bonnie Derr respectfully requests this Honorable Court enter an Order in her favor after hearing and award her the following: a.. $ 12,841.47 in delinquent child support pursuant to Paragraph 15b of the Marital Settlement Agreement; and b. $1,600.00 for Defendant/Respondent's deficit contribution to joint 50/50 tax liability for their 2006 tax filing year; and c. A minimum counsel fee award of $800.00 plus any additional counsel fees costs and expenses she incurs from the date of the filing of this Petition forward until final resolution by the Court or by agreement of the parties; and d. Direct Defendant to provide proof of life insurance beneficiary designation; and e. Grant any further relief this Court deems appropriate. Dated: `Q ^ f 0 -1 Respectfully submitted, JOANNE HARRISON CLOUGH, PC JOANY? HARRISON OUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone No. (717) 737-5890 Counsel for Plaintiff Petitioner Bonnie Derr VERIFICATION I, Bonnie Derr hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: Bonnie Derr CERTIFICATE OF SERVICE I, Connie Lee Limric, do hereby certify that on this date I served a copy of the foregoing document by United States Postal Service, first class mail to the following individual set forth below: Charles Gontz, Jr. 373 Schaffner Road Harrisburg, PA 17112 Date: dP 0 U 9 Connie Le ric, Seel? ary for Joanne Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Bonnie Derr i THE COURT OF COM MON PLEAS IN OF CUMBERLJkND COUNTY t` STATE OF PENNA. Bonnier Derr- ontz j _ Ofi - 4 3 51 ----- NO. + Plaintiff - + + VERSUS + I + T Gontz Jr Char, ,. + + Defendant i i ? i + DECREE III + + DIVORCE + + + IT IS ORDERED AND AND NOW, , + + Bonnie Derr-Gontz PLAINTIFF, DECREED THAT + + DEFENDANT, Charles L. Gontz Jr. AND + I + _ + + + ARE DIVORCED FROM THE BONDS OF MATRIMONY. + + f THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE I BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT I i YET BEEN ENTERED; , , + I AND it is further ordered,ad'ud ed and decreed, that a e j the terms of the parties Ma:ita Sett emen Agreemen incorporated here e ' to are her Septlember 1, 2006, and attacMd r° ' th + w W at not merged he + BY T -AE COURT: + + + J. + ATTEST: + PROTHONOTARY + i I 1 I MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this - day of December, 2006, by and between Bonnie Derr-Gontz, (hereinafter "WIFE") and Charles L. Gontz Jr., (hereinafter "HUSBAND"); W I TN E S S E T H: n r WHEREAS, the parties hereto were married on May 16 m Hummelstown, Dauphin County, PA; and separated in June 2006; and r. ca WHEREAS, the parties have three children of this marriage; Heather S. Gontz 23, Christopher Gontz 20, and Alexis D. Gontz, born February 4, 2000, age 6; WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire. HUSBAND is represented by Thomas Gould, Esquire. 1 I The parties have also jointly engaged the services of a neutral mediator, Melissa P. Greevy, Esquire to work with them to mediate a resolution of their marital dissolution issues. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 06-4351 on July 31, 2006. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each 2 executed the Agreement on the same date. Otherwise, the "date of execution' or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widowers rights, family exemption, 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 of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a 3 complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 239 Ewe Road, Mechanicsburg, Cumberland County, PA 17055. In consideration of the other promises and property transfers set forth in this Agreement, HUSBAND and WIFE agree that the marital residence has an agreed value of $212,000 and shall be transferred to WIFE. WIFE has pre qualified for a 30 year loan at 8% interest on a $174,000.00 loan. However the parties have agreed that if WIFE continues to pay the bills on time through December of 2006, she will be able to pre qualify for a 6 3/4% loan by January 30, 2007. HUSBAND and WIFE agree to wait until on or after January 30, 2007 to try to process WIFE's refinancing loan at a lower interest rate. On or after January 30, 2007 WIFE shall refinance the primary mortgage with an appropriate loan balance of $133,824. and the home equity loan with an approximate balance of $28,000.00 and to apply for the financing to pay off the entire Chase Visa 4 debt balance of $4,683.00 and the 5, 3rd Bank loan on her car with an approximate balance of $1,871.00. WIFE shall be solely responsible for the loan refinancing costs. WIFE shall retain the equity in the marital residence. The parties agree that HUSBAND may continue to reside in the marital residence until the refinancing settlement. HUSBAND shall continue to contribute monies equally in to the household account after the execution of the Marital Settlement Agreement and through to the date of the refinancing settlement. 8. DEBTS. HUSBAND and WIFE agree that the joint Chase Visa account shall not be used by either party. In consideration of WIFE receiving 100% of the equity in the marital residence as set forth in paragraph 7 here above, WIFE agrees to assume all of the joint debt listed here below, and to pay all said debt in full at the time of the mortgage refinancing settlement as follows: WIFE agrees to pay off the balances: a. on the joint Chase Visa off approximately $4,683.00; and b. the Belco Visa account balance of approximately $ 14,233.00; and c. the 5t" 3rd bank loan on WIFE's car. WIFE agrees to be solely responsibly for and to indemnify and hold HUSBAND harmless on said obligations. HUSBAND further agrees to continue to contribute equally on the utility bills so they are paid in full on the date of refinancing settlement when WIFE assumes sole ownership of the marital residence. If either party has acquired debt in his or her sole name, the parties agree that each shall assume full and complete responsibility for his or her own debts. 5 HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND shall retain as his sole and separate property his small retirement account with Merrill Lynch with an approximate value of $500.00 HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives his right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The parties agree to continue to use the joint Belco checking 6 account and to each continue to contribute to the said account as the operating account to pay the marital residence expenses until the refinancing settlement. After the refinancing settlement this account shall be closed and the remaining funds, if any, divided evenly between the parties. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. LIFE INSURANCE. HUSBAND has a term life insurance policy through his current employment. HUSBAND shall list WIFE as irrevocable beneficiary of said life insurance policy or list her as irrevocable beneficiary on any future life insurance policy he may acquire through employment, until Alexis reaches age 22. HUSBAND agrees in the event he loses his employment, he agrees to convert said life insurance and maintain said policy if it is available at a reasonable cost. WIFE currently has a life insurance policy with a death benefit of $150,000. WIFE agrees to maintain said policy and designate HUSBAND as the irrevocable beneficiary trustee for the sole benefit of Alexis until Alexis reaches the age of 22. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 7 13. VEHICLES. The parties own a 1999 Toyota Rav 4 vehicle. Said vehicle is encumbered by a loan with 5th 3rd Bank. WIFE agrees to pay off said loan in full at the time of her refinancing settlement as set forth in paragraphs 7 and 8 here above. HUSAND agrees to transfer any and all right, title, claim and interest he has in said property to WIFE and said vehicle shall be her sole separate property. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. 15.a Support: The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties 8 further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. HUSBAND specifically acknowledges he will need to obtain his own health insurance at his sole expense after the parties are divorced. 15b. Child Support. HUSBAND and WIFE agree that HUSBAND shall pay to WIFE the sum of EIGHT HUNDRED DOLLARS AND XX/00 ($800.00) per month in child support for the support of the parties' minor daughter Alexis. Said support obligation shall commence the date of WIFEs refinancing settlement and be entered as a Court Order and collected through the Cumberland County Domestic Relations office via a bi- weekly wage attachment of THREE HUNDRED SIXTY-NINE DOLLARS AND 23/00 ($369.23). Said support obligation shall continue until the child graduates from high school. The parties specifically agree that WIFE shall claim Alexis as a dependant on Federal Income Tax filings. WIFE agrees to pay Alexis's health insurance premium costs without contribution from HUSBAND. The parties agree the child support provisions set forth in this Agreement may be modified upon a material change in circumstance. The parties further agree that in the event they are unable to agree to a modification of the support provision, they will return to mediation to attempt to resolve the support issue before resorting to the Court process. 16. 2006-INCOME TAXES AND FINALIZATION OF DIVORCE: HUSBAND and WIFE agree to each sign consents and waiver and any other documents necessary contemporaneously with this Agreement, but specifically agree to wait to file for the entry of the final Divorce Decree until the first week of January 2007. The parties specifically agree to file joint income tax returns for the 9 2006 tax year and to evenly contribute to any tax obligation(s) owed and to equally divide and tax refunds that may be received. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, 10 spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 11 25. FUTURE DISPUTES: HUSBAND and WIFE specifically agree to return to the mediation process first before resorting to the Court process in the event any future disputes arise between them. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness Witness WIFE and - 60LAJ-??- AAAZ Bonnie Derr-Gontz Charles L. Gontz 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUYn P-J)FkCAN Zs : SS. On the S? day of ?c o ?Q r 2006, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Bonnie Derr Gontz, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. C-01viMONWEAL7H OF PENNSY'L2 `t€ 7- Notarial Seal Mary M. Loper, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Oct 27, 2007 Pennsylvania Association Of I otafie.; Notary Pub is My Commission Expires: ac 60b& - a?, PC)0-1 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CU m BE Q L A N D On the P- day of ?CQrY1bQr , 2006, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Charles L. Gontz, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. o,11,3 ,,,10NWEALI'H OF FU4'N Notarial Seal Mary M. Loper, Notary Public Camp Hill Boro, Cumberland County My Commission Expires OcL 27, 2007 ,'v n ber, Pennsylvania Association Cf Notba±?-J Notary Pub c My Commission Expires: 6 (,66a r- a-7, --ICO'1 13 2CCn 'U'• R r i it E _ ?e? 0 JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3 820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 JUN 171009? ju Attorney for Plaintiff BONNIE DERR-GONTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4351 CHARLES L. GONTZ, JR., CIVIL ACTION - LAW Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this r day of %?=? , 2009, upon review of the attached Petitioner/Plaintiff Bonnie Derr Petition to Enforce Marital Settlement Agreement, a Rule is hereby issued against Defendant/Respondent Charles Gontz, Jr., to show cause, if any, why he should not be directed to immediately pay Petitioner/Plaintiff $ 12,841.47 in delinquent child support, and pay $1,600.00 for the balance of his 50% share of the parties' joint 2006 Income Tax filing and pay Petitioner $800.00 in counsel fees, costs and expenses plus any additional fees incurred after the date of filing of the Petition, and provide proof of life insurance beneficiary designation to Petitioner. Rule returnable within v O days of date of THE CO J. N99 J 'A 18 A?` 10. ¢ 1 cop t IFS' P4c rrl$< C?c 4a ?.eL"k &oJ2, Jz. JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff Petitioner BONNIE DERR-GONTZ, Plaintiff V. CHARLES L. GONTZ, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4351 : CIVIL ACTION - LAW : IN DIVORCE : PREVIOUSLY ASSIGNED TO JUDGE GUIDO MOTION TO LIST FOR HEARING ON PEITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, this?? day of August, 2009, comes Petitioner/Plaintiff Bonnie Derr Gontz, now known as Bonnie Derr, by and through her attorney Joanne Harrison Clough and respectfully files this Petition to Enforce Marital Settlement Agreement and in support thereof avers as follows: Petitioner/Plaintiff Bonnie Derr filed a Petition to Enforce Marital Settlement Agreement on the 16th day of June, 2009. 2. A Rule to Show Cause was issued by the Court on June 18, 2009. On or about July 20, 2009, Defendant Charles Gontz forwarded a Pro Se letter to opposing counsel and possibly the Court with his attempted Response to his Rule to Show Cause. A true and correct copy of the facsimile cover sheet and the Rule to Show cause is attached to and made part of and incorporated by reference as Petitioner's Exhibit No. 1. 3. The parties have been unable to reach an agreement or resolution of the Petition to Enforce Marital Settlement Agreement and Petitioner Bonnie Derr respectfully requests this honorable Court schedule a hearing on this matter. It is anticipated a hearing will take approximately one (1) hour 4. This case was previously assigned to Judge Guido. Defendant Charles Gontz is Pro Se and it is anticipated he does not concur with the filing of this Motion to list this matter for hearing. Respectfully submitted, JOANNE HARRISON CLOUGH, Dated: `- - JOANNE RRISON Attorney I.D. No. 36461 3820 Market Street ESQUIRE Camp Hill, PA 17011 Telephone No. (717) 737-5890 Counsel for Plaintiff Petitioner Bonnie Derr To whom it may Concern: This is my response to the Petition to Enforce Marital Settlement Agreement and a Rule to Show Cause, which was issued by the Court on June 18, 2009. We did agree to a child support payment of $800 a month at the time when I was making $53,000 a year with a local Home Builder. I was laid off from that job in Jan 07, which was when the divorce was finalized, and making significantly less money on unemployment. During the layoff period, I had submitted resumes to at least two dozen companies trying to find work in a similar position. In April, I received a letter stating that the builder that I worked for would not be bringing me back to work, because the housing industry was not re-bounding. It was then that I started to lower my sights as far as income, and decided to work at the Home Depot on a part time basis while trying to supplement my salary there with contractor work on my own. Finding work on my own failed miserably, and I applied to Home Depot for a full time position in September 07. I was originally hired at the Home Depot at the rate of $12.00 per hour, and after just completing two years there am currently making $12.40 per hour. I was under the impression that if you are. not working, you can't pay child support. But even though I was collecting unemployment, I still made the first two full payments for Jan and Feb. But after those, my fiends were depleting quickly and the next payment 1 only was able to pay $200. At this same time, I was trying to buy a vehicle because it was assumed that I would continue to have a work vehicle to use for personal use, but I had to turn it in when I was laid off. So while I was laid off, I was trying to save enough money to make a down payment on a vehicle so I could go back to work. Also at this time, the combined tax bill was due to be paid. When the tax consultant asked us if we wanted to know what we were individually responsible for, my ex-wife immediately responded "yes", and we were told that I was responsible for $1700 and she was responsible for $4300, mainly because she had worked a lot of overtime that year and made a lot more money. Around that time, I had picked up some part-time work for a friend and was able to contribute $1000 towards the tax bill, but that was the first and last time I worked with him, and the last time I had any part-time or "side work". Once I had income from the job at Home Depot and a vehicle to use, I also had a new car payment and car insurance payment and Health Insurance payment which took all the money I was making. I honestly did not have funds available to pay child support. When I was invited to join my ex-wife and her lawyer at the Cumberland County Domestic Relations office in Aug `08, my support amount was based on $16.50 per hour instead of the $12.40 that I was currently making "because I had the potential to make more". I actually requested a rebuttal hearing, but was never notified of the time and date, because I feel that I also have the potential to make a lot less, especially considering the way the housing industry and the economy as a whole have tanked. I don't think it's fair. When the agent at Domestic Relation asked if they intend to pursue child support earlier than July `08, my ex-wife said "no". Based on that statement alone, I don't know why I am currently trying to defend myself. My ex-wife had the opportunity to receive z-d T*,9*,999LTL uaiig,p uRTasoa e82:11 6o Do Tnr 373 SchaRner Drive. Harrisburg. PA 17112 Fax 717.586.4641 Ifi To: Joanne Harrison Clough, PC Frown: Chuck Gontz Few 717.737.5892 Payee: 3 Phamw 717.737.5890 lbWw 7202009 lie: Response - Rule to Show Cause CC: X Urgent ? For Review ? Please Camnient ? P/eas+e Reply ? PMaee Recycle e Cowes Per your request, attached is my response outlining changes in circumsfarm affecting the original child support agreement I do not have legal representation nor can afford legal representation. If additional information is needed, please corded me at 717.307.0860. T-d T*91IF99SGTG U8TjS,o URTasoN e9a:TT so oZ inC CERTIFICATE OF SERVICE I, Connie Lee Limric, do hereby certify that on this date I served a copy of the foregoing document by United States Postal Service, first class mail to the following individual set forth below: Charles Gontz, Jr. 373 Schaffner Road Harrisburg, PA 17112 Date: K'-? , Connie Tee LimKc, Secretary for Joanne Harrison Clough, Esquire Attorney ID No. 36461 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Bonnie Derr R-ED 2 0 0 9 F CC 21 i C 6 BONNIE DERR-GONTZ, Plaintiff V. CHARLES L. GONTZ, JR., Defendant AUG 28 2005 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4351 CIVIL ACTION - LAW IN DIVORCE PREVIOUSLY ASSIGNED TO JUDGE GUIDO ORDER FOR HEARING ON PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, this day of , 2009, a Hearing is scheduled to be held on the day of 0c?'?'x , 2009 at 10:30 o'clock a.m.?pti. in Court Room No. ./ , on the 4t` floor of the Cumberland County Courthouse located at One Courthouse Square, Carlisle, PA 17013. BY THE COURT: 4i Distributions Jo a Harrison Clough, Esq. for Plaintiff " Charles L. Gontz, Jr., Defendant T;Ls ry-tc-A?CL 9/a/ 6) 11-* J. 1 9?t..t! ?+J 6 7 ? V L. OF THE' RF?f)7,jf)ljOTARY 2009 SEA' -2 Ate 8- a u i BONNIE DERR-GONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES L. GONTZ, JR., CIVIL ACTION - LAW Defendant NO. 06-4351 CIVIL TERM IN RE: PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 9th day of October, 2009, after hearing, it is hereby ordered and directed as follows: 1. The support order entered in August of 2008 shall be made retroactive to March of 2007. The Defendant shall be given credit for payment of $200.00 in March of 2007. The Domestic Relations Office is directed to compute the arrears, and the Defendant shall pay an additional $100.00 per month towards those arrears. 2. The Defendant shall pay Plaintiff $1,600.00 representing his share of the 2006 federal income tax. Said amount to be paid within six months of today's date. 3. The Defendant shall reimburse Plaintiff in the amount of $1,122.44 for counsel fees incurred in enforcing the agreement. Said sum to be paid directly to Plaintiff within one year. By tl).e "Court, Edward E. Guido, J. Joanne Harrison Clough, Esquire For the Plaintiff /Charles L. Gontz 373 Schaffner Drive Harrisburg, PA 17112 :lfh t£S ?n?1? I2`F =? p ;. OF THE R=^7'=f)";}OTAPY 2009 OCT 13 AM 8.4 2 -,, V IV C'., *, .. ... ! V ! 1 t BONNIE DERR-GONTZ, Plaintiff v. CHARLES L. GONTZ, JR., Defendant ---ice. - IN THE COURT OF COMMON PLEAS 1 CUMBERLAND COUNTY, PENNSYLV'ANI?1 NO. 06-4351 U, E ? 17 r 1 Vi Z? V! \/A I 1 CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT OF COURT ORDER AND NOW, this 4&' ay of d, 2012, comes the Petitioner Bonnie Derr, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully avers as follows: 1. Petitioner Bonnie Derr filed a Petition to Enforce Marital Settlement Agreement on the June 16, 2009, seeking enforcement of the child support provisions of the parties' Marital Settlement Agreement. 2. A Hearing was held on said Petition on October 9, 2009. 3. A Court Order was issued specifically directing Respondent Charles L. Gontz, Jr. to pay an additional $100.00 per month on arrears and $1,600.00 within six months of the October 9, 2009 Order, and $1,122.44 for counsel fees incurred by Petitioner in enforcing the Agreement within one year of October 9, 2009. A true and correct copy of the October 9, 2001 Court Order is attached hereto as Exhibit A. 4. To date Respondent has failed to tender either payment in direct violation of the Court Order of October 9, 2009. 5. Petitioner has incurred counsel fees and expenses in the preparation of this Petition for Contempt in at least the amount of $500.00. 6. Respondent is in violation of the Court Order of October 9, 2009 and the terms of the parties' Marital Settlement Agreement and still owes in full the specific dollar amounts set forth in the attached Court Order. WHEREFORE, plaintiff requests this Court hold a hearing on this Petition for Contempt and after hearing, grant the Petition and direct Respondent to immediately pay the monies due in full, grant Petitioner all her reasonable counsel fees, costs, and expenses she incurred as a result of Respondent's contempt and grant any and all further relief this Court deems appropriate. Respectfully Submitted, JOANNE HARRISON CLOUGH, PC Dated: _?-I(?)_'1 Joanne ITarrison Clou squire Attorney I.D. No. 3 61 3820 Market Stree Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner Bonnie Derr BONNIE DERR-GONTZ, Plaintiff V. CHARLES L. GONTZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4351 CIVIL TERM IN RE: PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 9th day of October, 2009, after hearing, it is hereby ordered and directed as follows: 1. The support order entered in August of 2008 shall be made retroactive to March of 2007. The Defendant shall be given credit for payment of $200.00 in March of 2007. The Domestic Relations office is directed to compute the arrears, and the Defendant shall pay an additional $100.00 per month towards those arrears. 2. The Defendant shall pay Plaintiff $1,600.00 representing his share of the 2006 federal income tax. Said amount to be paid within six months of today's date. 3. The Defendant shall reimburse Plaintiff in the amount of $1,122.44 for counsel fees incurred in enforcing the-agreement.. Said sum to be paid directly to Plaintiff within one year. 'Court , By tl Le Edward E. Guido, J. \Oaamthe e Harrison Clough, Esquire Plaintiff Charles L. Gontz 373 Schaffner Drive Harrisburg, PA 17112 :lfh VERIFICATION I, Bonnie Derr, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn verification to authorities. DATE: l3 f L Bonnie Derr CERTIFICATE OF SERVICE I, Connie Lee Limric, do hereby certify that on this date I served a copy of the foregoing document by United States Postal Service, first class mail to the following individual set forth below: Charles Gontz, Jr. 42 Lumber Street Middletown, PA 17057 Date: c A = c ` ti _ ?- r' Connie Leef 'c, Se ary for Joanne Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Bonnie Derr JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff BONNIE DERR-GONTZ, Plaintiff V. CHARLES L. GONTZ, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4351 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this a day of L Fa A/?L , 2012, upon review of the attached Petitioner/Plaintiff Bonnie Derr Petition for Contempt of Court Order, a Rule is hereby issued against Defendant/Respondent Charles Gontz, Jr., to show cause, if any, why he should not be directed to immediately pay Petitioner/Plaintiff the monies due in full and pay all of the reasonable counsel fees, cost and expenses Petitioner incurred as a result of the need to file this Petition. Rule returnable within days of date of service. - BY T COUR J. DISTRIBUTIT: Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 Charles, L. Gontz, 42 Lumber Street, Middletown, PA 17057 ?Z