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HomeMy WebLinkAbout06-4590JANICE KOHUT, Plaintiff V. ROBERT W. KOHUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. l.tuj- v62? CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody 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 the Prothonotary at the Cumberland County Court House, 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 andra L. Meil n Attorney for Plaintiff TUCKER ARENSBERG, P.C. P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 JANICE KOHUT, Plaintiff V. ROBERT W. KOHUT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIAl CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Janice Kohut, an adult individual who is sui juris and resides at 400 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Robert W. Kohut, an adult individual who is sui juris and resides at 1363 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. The present whereabouts of the Defendant, Robert W. Kohut, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 5, 1998, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. COUNT II - CUSTODY 9. Plaintiff seeks shared legal and custody of the parties' son, Robert E. Kohut, 1999. The child was not born out of wedlock. Due to Plaintiff's recent move and by parties, the child is temporarily in the primary of Defendant with periods of partial phys: Plaintiff. shared physical born August 30, agreement of the physical custody .cal custody in During the past five years, the child has resided with the following persons and at the following addresses: Plaintiff, Defendant 1363 Kiner Boulevard From 8/30/99 to Andrea Gutting Carlisle, PA 17013 6/9/06 Defendant 1363 Kiner Boulevard 6/9/06 to Carlisle, PA 17013 present The mother of the child is Plaintiff, currently residing at 400 Independence Court, Mechanicsburg, PA. She is married. The father of the child is Defendant, currently residing at 1363 Kiner Boulevard, Carlisle, PA. He is married. 10. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with her daughter, Andrea Gutting. 11. The relationship of Defendant to the child is that of father. The Defendant currently resides with Robert E. Kohut. 12. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff and Defendant have been both been integral in care giving for their son and Plaintiff desires to continue said role. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. Grant shared legal and shared physical custody of the parties' son; and C. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. 3'andra L. Meilton, Esquire I.D. No. 32551 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 717-234-4121 Attorneys for Plaintiff I verify that the statements made in this Complaint 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. , Pi'alnt Dated: 7'31-4& 88682.1 1 o c c i I y ? Crn? M n ?l N rn d ? h mrr ay s ? j ? . o ?''? N d A a. 41 JANICE KOHUT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT W.KOHUT DEFENDANT 06-4590 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill PA 17011 on Tuesday, September 12, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINVAI,ASNMd L l : f i WV 91 9np 4001 AMONOHiOdd dH1 dO 31L4act-cmlj y JANICE KOHUT, Plaintiff V. ROBERT W. KOHUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4590 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Janice Kohut and Robert W. Kohut, shall have shared legal custody of the minor child, Robert E. Kohut, born August 30, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 2. Physical Custody. The parties will have a shared physical custody schedule year round, whereby they alternate weeks of custody each Friday, with the exchange time being after the conclusion of the Friday school day. In the event that the child is ill or otherwise not in school on Friday, the parent receiving custody on that Friday will be responsible to care for the child unless other arrangements are made, with first priority to be given to having the child be with the parent who has just relinquished custody. Mother's first week of custody shall commence on September 15, 2006. Father's week of custody shall commence on September 22, 2006. VN`v/A-U,SN#N,3d C0 cZ bid ! Z d3S 9401 RtfVI( .'&LCdd =J HI dQ ?CiddC??Ed N0.06-4590 CIVIL TERM 3. Vacation. The parties will exercise vacation during their regularly-scheduled summer custodial weeks. 4. Holidays. The following holiday schedule shall supercede the regular schedule: A. Independence Day Labor Day and Memorial Day. Father shall have custody for Independence Day each year in order for the child to participate in a traditional family trip to the lake. Father shall have custody for Labor Day weekend each year and Mother shall have custody for Memorial Day weekend each year. For Labor Day and Memorial Day, the custodial period shall begin on Friday, and shall end on Tuesday morning, when the child is returned to school. B. Thanksgiving. The parties shall equally split the time that the child is out of school for the Thanksgiving break. Thanksgiving Day shall be included in the first part of the Thanksgiving holiday, however, the day itself shall not be split. In even-numbered years, Mother shall have custody for the first half of Thanksgiving break, and Father shall have custody for the second half of Thanksgiving break. In odd-numbered years, Father shall have custody for the first half of the Thanksgiving break, and Mother shall have custody for the second half of Thanksgiving break. C. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 23rd at 6:00 p.m. until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 28th at 6:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. D. Mother's Day and Father's Day. Father will have custody for Father's Day. Mother will have custody for Mother's Day. The custodial time for this holiday shall commence at 6:00 p.m. the day before the holiday and continue until 6:00 p.m. the day of the holiday. E. Easter. The parties will split the time that the child is off from school for the Easter break. In odd-numbered years, Mother will have custody for the segment of the Easter break that includes Easter Day. In the even-numbered years, Father will have custody for the segment of the Easter break that includes Easter Day. NO. 06-4590 CIVIL TERM 5. After the parties have tried the schedule in Paragraph 2 for sixty days, if an additional Conference is needed, counsel or either party may contact the Conciliator by fax to request that the Custody Conciliation Conference be reconvened. No petition will be necessary if the request is made within ninety days of commencing the schedule provided in Paragraph 2. Dist: /Sandra yL. Robert W Wilton, Esquire, P. O. Box 889, Harrisburg, PA 17108 Kohut, 1363 Kiner Blvd, Carlisle, PA 17015 r ?G o?D oQ? JANICE KOHUT, Plaintiff V. ROBERT W. KOHUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4590 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Robert E. Kohut August 30, 1999 Mother and Father 2. Mother filed a Divorce Complaint with a count for custody on August 9, 2006. A Custody Conciliation Conference was scheduled for September 12, 2006. Present for the conference were: the Mother, Janice Kohut, and her counsel, Sandra L. Meilton, Esquire; the Father, Robert W. Kohut, participated pro se. 3. The parties reached an agreement in the Date n Order as attached. IQlelissa Peel Greevy, Esquire Custody Conciliator :283092 JANICE KOHUT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4590 Civil Term ROBERT W. KOHUT, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Robert W. Kohut, hereby certify that I received the certified and time stamped copy of the Complaint in Divorce filed in the above matter. Date: 89541.1 `? ` `r ?, ? -ma' a = r- ? `r_' r ?? ?" ? ?, -r ? °"Z r, _ ? `t +i ? t ? ? ' ? , _ fa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANICE KOHUT, Plaintiff No. 2006-4590 (Civil Term) V. CIVIL ACTION - LAW ROBERT W. KOHUT, Defendant (In Divorce) AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 9, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: 4 Robert W. Kohut, Defendan C3 Sandra L. Wilton, Esquire Quintina A Laudermilch, Esquire DALEY ZUCKER MEILTON MINER GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeilton@dzmmf,,Iaw.com tlaudermilchadzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANICE KOHUT, Plaintiff No. 2006-4590 (Civil Term) V. CIVIL ACTION - LAW ROBERT W. KOHUT, Defendant (In Divorce) AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 9, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: OALe Cl)'a'n6ice Kohut, Plai Cs ?, _ _, ? ;. -:;-»?. :? Sandra L. Meilton, Esquire Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmL,Iaw.com tlaudermilchAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANICE KOHUT, : Plaintiff ; No. 2006-4590 (Civil Term) V. CIVIL ACTION - LAW ROBERT W. KOHUT, : Defendant (In Divorce) WAIVER OR NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) 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: C ice Kohut, Plain iff 4 Cf:? _; b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANICE KOHUT, Plaintiff V. ROBERT W. KOHUT, Defendant No. 2006-4590 (Civil Term) CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER F 3301(c) AND & 3301(d) 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 unworn falsification to authorities. Date: Ot Robert . Kohut, Defendant f rJ 71 Sandra L. Wilton, Esquire Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeilton ,dzmmglaw.com tlaudermilchnu,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANICE KOHUT, Plaintiff No. 2006-4590 (Civil Term) V. CIVIL ACTION - LAW ROBERT W. KOHUT, Defendant (In Divorce) MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of ? /k.b(Z , 2008, by and between Janice Kohut, whose current address is 400 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and Robert W. Kohut, whose current address is 1363 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband. WITNESSETH WHEREAS, Husband and Wife were lawfully married on June 5, 1998 at Carlisle, Cumberland County, Pennsylvania; and WHEREAS, one child was born of this marriage, namely, Robert E. Kohut whose date of birth is August 30, 1999; and WHEREAS, Wife filed a Complaint for Divorce on August 9, 2006 in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket Number 2006-4590. Page 1 of 19 WHEREAS, Certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible-claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. ADVICE OF COUNSEL: The parties acknowledge that each has had the opportunity to consult with an attorney of the party's choice. Wife is represented by Sandra L. Meilton, Esquire of Daley Zucker Meilton Miner & Gingrich, LLC. Husband has voluntarily chosen not to be represented by counsel. To the extent Husband has chosen not to be represented by counsel, Husband has knowingly and voluntarily, without persuasion, influence, or coercion by Wife, waived the right to do so with respect to the advisability of entering into this agreement, and elects to enter into the agreement and be legally bound by its terms. It is further acknowledged by the unrepresented party that he has not relied on any representations made by counsel for Wife. Page 2 of 19 2. SEPARATION: It shall be lawful for each parry at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 3. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1990. Page 3 of 19 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each 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. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. MOTOR VEHICLES: The parties acknowledge that they individually and/or jointly hold titles to the following vehicles: 1973 Revcon Motorhome 1991 Audi 200 1988 Toyota Landcruiser 1976 Buick Electra 1991 Chevy Suburban 1970 Buick Skylark 1970 Buick Gran Sport 1970 Buick Gran Sport 1968 Buick Gran Sport 1970 Buick Sportwagon 1969 Buick Sportwagon 1968 Buick Sportwagon Page 4 of 19 1993 Volvo 240 1991 Volvo 940 All of the above-listed vehicles are currently in Husband's possession. Regardless of when the above-referenced vehicles were acquired, the parties agree that above-listed vehicles shall become the sole and exclusive property of Husband subject to any liens held on said vehicles and Wife hereby relinquishes any right, title or interest she may have in and to all of the above- listed vehicles. Husband shall acquire and maintain separate insurance on the above-listed vehicles, and shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on any of the above-listed the vehicle(s) and agrees to indemnify Wife from any loss by reason of his default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto The titles to the above-listed motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 9. REAL PROPERTY: The parties hereby agree that Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of her right, title and interest in and to their jointly-owned real estate at 1363 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as the "marital residence"), subject to the mortgage(s) given to Husband and Wife. The deed to said property shall be held in escrow by Wife's attorney until such time as Husband refinances the property so as to eliminate Wife from any obligation on the mortgage(s). The refinancing shall be accomplished within sixty (60) days of execution of this Agreement. If Husband is able to accomplish said Page 5 of 19 refinancing, then Wife's attorney shall release the deed from escrow in order to consummate said refinancing. In the event that Husband is unable to refinance the property within sixty (60) days of execution of this agreement, the parties agree that the property will be listed for sale with a realtor familiar with properties in Carlisle, Cumberland County, Pennsylvania. All proceeds from the sale of the house shall be used to satisfy the existing mortgage, home equity line and/or any other liens on the property. Any and all remaining proceeds after the payment of all closing costs, realtor fees, mortgage(s), home equity line of credit and any other liens on the property shall be retained by Husband. Both prior to and after the refinance or sale of the marital residence, Husband agrees to be solely responsible for the payment of any and all mortgages, taxes, insurance, liens and utility bills relative to said real estate and agrees to indemnify and hold Wife harmless from any responsibility thereunder. 10. AFTER-ACQUIRED PERSONAL PROPERTUREAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. WAIVERS OF RETIREMENT & PENSION INTERESTS: Each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, Page 6of19 401(k) plans, 403 (b) plans and the like. A. HUSBAND'S 401(k): The parties acknowledge that Husband has a 401(k) account as a result of his employment with Vale National Training Center and a 401(k) account as a result of his ownership interest in Appraisal Concepts (hereinafter referred to as "Husband's 401(k) accounts"). Wife acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of Husband's 401(k) accounts and any marital interest she may have therein, and notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's 401(k) accounts. Immediately upon presentation thereof, Wife agrees to execute any and all documents necessary to effectuate a complete and total waiver of her rights in and to Husband's 401(k) accounts. B. WIFE'S 401(k): The parties acknowledge that Wife has a 401(k) account as a result of her employment with Bristol West Insurance Group (hereinafter referred to as "Wife's 401(k)"). Husband acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of Wife's 401(k) account and any marital interest he may have therein, and notwithstanding same, Husband hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to Wife's 401(k) account. Immediately upon presentation thereof, Husband agrees to execute any and all documents necessary to effectuate a complete and total waiver of his rights in and to Wife's 401(k) account. C. REQUIRED ERISA WAIVER LANGUAGE: To the extent applicable, each party understands that had they not given up all of their respective rights to the other's pensions, each party may have the right to have the other spouse's pension paid in the special Qualified Joint Survivor Annuity (hereinafter referred to as "QJSA") payment form; however, each Page 7 of 19 party agrees to give up that right. Husband and Wife understand that by signing this Agreement, each is giving up his and her respective right to receive the special QJSA payment form. Each parry hereto understands that by signing this Agreement, they may each choose any retirement benefit form and/or any beneficiary that is allowed by the plan without telling the other and without obtaining the other's agreement. Each party hereto also understands that he/she can change the retirement benefit form selected and/or the name of the beneficiary at any time before retirement begins without telling the other and without getting the other's permission. Each party hereto understands that were he/she not to give up his/her rights in each other's respective pensions, he/she could limit. each other's choice to a particular retirement benefit form and/or a particular beneficiary who would receive payments from the plan after the death of the other and that by signing this Agreement, each is giving up that right. Each understands that he/she does not have to sign this Agreement and each party acknowledges that he/she is signing this Agreement voluntarily. Each party further understands that if he/she does not sign this Agreement, then he/she may receive payments from the plan in the special QJSA payment form. 12. APPRAISAL CONCEPTS: The parties hereby acknowledge that Husband is a Five Percent (5%) owner of a business entity, Appraisal Concepts (hereinafter referred to as "Appraisal Concepts"), and that Husband acquired said ownership interest prior to the parties' marriage. Wife acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of Husband's ownership interest in Appraisal Concepts and any marital interest she may have therein, and notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's Page 8of19 ownership interest in Appraisal Concepts. 14. DEBTS: a. MARITAL DEBT: Except as otherwise herein provided, Husband and Wife acknowledge and agree that there are no outstanding debts and obligations of which they are aware or for which the other might be liable incurred prior to the execution of this Agreement. The parties agree that there are certain outstanding credit card debts incurred by the parties during the marriage. The parties hereby acknowledge that they have divided the credit card debt to their mutual satisfaction prior to the execution of this Agreement. The parties agree that Wife has assumed and will pay in full all marital credit card debt incurred in her name alone and shall indemnify and save Husband harmless from any and all claims or demands made against her by reason of debts or obligations incurred by Wife. Wife hereby agrees to have Husband's name removed from any and all credit cards which she is responsible for paying within fifteen (15) days of execution of this Agreement. The parties further agree that Husband has assumed and will pay in full all marital credit card debt incurred in his name alone and shall indemnify and save Wife harmless from any and all claims or demands made against him by reason of debts or obligations incurred by Husband. Husband hereby agrees to have Wife's name removed from any and all credit cards which he is responsible for paying within fifteen (15) days of execution of this Agreement. b. POST SEPARATION DEBT: Except as otherwise herein provided, In the event that either party contracted or incurred any debt since the date of separation, the party owing said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred and shall indemnify and save harmless the other party from any and Page 9 of 19 all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. FUTURE DEBT: Except as otherwise herein provided, from the date of the Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save harmless the other party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 14. DIVISION OF BANK ACCOUNTS: Except as otherwise provided, the parties acknowledge that any and all joint bank accounts have been closed or divided to their mutual. satisfaction prior to the execution of this Agreement. Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 15. LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneously with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries under or encumbering their respective life insurance policies. 16. HEALTH INSURANCE: Each party shall be responsible for obtaining and maintaining his or her own health insurance coverage and for his or her own unreimbursed medical expenses. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer of the change in marital status. Page 10 of 19 The parties hereby acknowledge that their son, Robert, is currently covered under Husband's medical and dental insurance plan. Husband agrees to continue to maintain coverage under his medical and dental plans for Robert, as long as it is available at a reasonable cost. Any unreimbursed medical expenses incurred on behalf of Robert while he is covered under either party's insurance shall be equally shared by the parties. 17. CUSTODY AND SUPPORT: The parties hereby acknowledge that they share custody of their minor child, Robert, pursuant to the terms of a Custody Order dated September 21, 2006. The parties further acknowledge that there are certain day care expenses incurred on behalf of their son, Robert and the parties hereby agree to equally share the day care expenses incurred on behalf of Robert. 18. DEPENDENCY EXEMPTIONS: The parties agree that they shall alternate claiming their child, Robert, on his or her annual federal income tax return until the dependency exemption is no longer available for the child. Husband shall claim Robert in odd numbered tax years and Wife shall claim Robert in even numbered tax years. Both Husband and Wife agree to take all steps necessary and execute any and all documents to accomplish the intention of this subparagraph. 19. WAIVER OF ALIMONY: 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 settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. Page 11 of 19 20. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support, alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 21. INCOME TAX: The parties have heretofore filed certain joint income tax returns and the parties represent and warrant that they have heretofore duly paid all income taxes due on such returns; that they do not owe any interest or penalties with respect thereto; that no tax deficiency is pending or threatened against the parties; and that no audit is pending with respect to any such returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. TAX MATTERS: The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided Page 12 of 19 herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 23. BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. 24. COMPLETE DISCLOSURE: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any.other Court of competent jurisdiction. The respective parties do hereby acknowledge, recognize and accept that there has been full and fair disclosure to the other of his or her assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish Page 13 of 19 to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement are fair, reasonable and equitable, and are satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators and assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing parry shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 25. DIVORCE: Wife has commenced an action for divorce from Husband pursuant to Section 3301(c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on August 9, 2006. Both parties shall, at the time of the execution of this Agreement, furnish Wife's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. Page 14 of 19 Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 26. RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 27. ADDITIONAL DOCUMENTS: Husband and Wife mutually agree to execute such documents as may be necessary and expedient to carry out and fully implement the terms of this Agreement. 28. RELEASE OF ALL CLAIMS: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in Page 15 of 19 any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 29. 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 continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 31. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 32. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 33. ENTIRE UNDERSTANDING: 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby Page 16 of 19 accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sec. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either parry of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 34. AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 35. WAIVER OR MODIFICATION TO BE IN WRITING: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 36. NO WAIVER OF DEFAULT: 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 any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. Page 17 of 19 37. HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 38. CONSTRUCTION: No provision of this Agreement shall be interpreted for or against any party because that parry or that parry's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the Parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: Page 18 of 19 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF DAUPHIN } On this, the day of , 2008, before me, a notary public, the undersigned officer, personally appeare nice Kohut, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. coMM __j v% u.Tr+cW PVMsYLVMxA NOTARIAL SEAL PATRICIA A. PATTON, Notwy Public Lower Paxson Twp., Da #m County U 1myCwnffftsiwExpkesjuw20,2010 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF'?EHi Cv??b4'? ) On this, the _ day of & , 2008, before me, a notary public, the undersigned officer, personally appeared Robert W. Kohut, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. WTAPAI$EL MMILQU1M fta?TPublie NID 1rtYCON 011 D JtILY2% Page 19 of 19 C? ? r°? ;- -? , a . ?" s -a ;'` -_ ,:_? -- :_ . ;: c ., c,_ Sandra L. Meilton, Esquire Quintina M. Laudermilch, Esquire DALEY Z,UCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeiltonAdzmmelaw.com tlaudermilch(Uzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANICE KOHUT, Plaintiff No. 2006-4590 (Civil Term) V. CIVIL ACTION - LAW ROBERT W. KOHUT, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A true and correct certified copy of the Divorce Complaint was served on Defendant on September 12, 2006. An Acceptance of Service executed by the Defendant was filed on October 4, 2006. 3. As required by Section 3301(c) of the Divorce code, Plaintiff executed her Affidavit of Consent on August 29, 2008 and Defendant executed his Affidavit of Consent on September 6, 2008. The Affidavits are being filed contemporaneously herewith. 4. Related claims pending: None. The parties executed a Property Settlement Agreement on September 6, 2008, a copy of which is being filed contemporaneously herewith. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff executed her Waiver of Notice of Intention to Request Entry of Divorce Decree on August 29, 2008 and Defendant executed his Waiver of Notice of Intention to Request Entry of Divorce Decree on September 6, 2008. The Waivers of Notice are being filed contemporaneously herewith. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: By: S dra L. Meilton, Esquire Supreme Court ID # 32551 Quintina M. Laudermilch, Esquire Supreme Court ID# 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Plaintiff ;...? C"? -: _ -:? r.? -j _. ?. C.r'7 ;7; iy3 ? - -S 1' l ? Al ..... C:. ,' ? ,. '.a?I IN THE COURT OF COMMON PLEAS JANICE KOHUT OF CUMBERLAND COUNTY STATE OF PENNA. No. 2006-4590 Civil Term VERSUS ROBERT W. KOHUT DECREE IN DIVORCE AND NOW, Se ll ,-,L) - ooh , IT IS ORDERED AND DECREED THAT JANICE KOHUT , PLAINTIFF, AND ROBERT W. KOHUT 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; None. AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital Settlement Agreement made and entered into by the parties on Septeriiber '6, 2008, are incorporated into this Decree by reference thereto, but not merged into this Decree. BY THE COURT: ATT i/ J. PROTHONOTARY -*."7 - ?/-0 gyp1 k?,? Sandra L.Meilton,Esquire Tr a�:W o TH 11b I- t Daley Zucker Meilton&Miner,LLC l 1 3 APR 12 635 North 12"`Street,Suite 101 f',i ' (' Lemoyne,PA 17043 CUNSER6ft E iJI� (717)724-9821 PENNSYL LAMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JANICE KOHUT, Plaintiff Docket No. 2006-4590(Civil Term) V. CIVIL ACTION-LAW ROBERT W.KOHUT, IN DIVORCE/CUSTODY Defendant ORDER AND NOW, this day of r�'i 1 _ 413, upon consideration of the Petition to Withdraw as Counsel, it is hereby ORDERED and DECREED that Sandra L. Meilton, Esquire, and Daley Zucker Meilton & Miner, LLC, are granted leave to withdraw as counsel of record for the Plaintiff,Janice Kohut,in the above-captioned matter. BY THE COURT: J. DISTRIBUTION: Sandra L.Meilton,Esquire,635 North I Street,Suite 101,Lemoyne,PA 17043 (Petitioner) Ms.Janice M. Kunkle,4000 Independence Court,Mechanicsburg,PA 17050(Plaintif,j') Mr. Robert W. Kohut, 1363 Kiner Boulevard,Carlisle,PA 17013 (Defendant) �'BprPS ma Jew 414;z�/ Art. r Sandra L. Meilton, Esquire FILED-OF FICE Daley Zucker Meilton & Miner, LLC OF fHE PRO HCNOTAR`i, 635 North 12t1i Street, Suite 101 Lemoyne, PA 17043 2Q13 APP 18 AM F1: 08 (717)724-9821 smeilton @dzmmglaw.com Ct1MBERLANDVVppCOUNTY IN THE COURT OF COOlik lI'LEI OF CUMBERLAND COUNTY, PENNSYLVANIA • JANICE KOHUT, Plaintiff : Docket No. 2006-4590 (Civil Term) • v. • CIVIL ACTION-LAW ROBERT W. KOHUT, • IN DIVORCE!CUSTODY • Defendant PRAECIPE TO THE PROTHONOTARY: Pursuant to the Order entered by the Honorable Albert H. Masland on April 12, 2013, granting leave for Sandra L. Meilton, Esquire, and Daley Zucker Meilton & Miner. LLC, to withdraw as counsel of record for the Plaintiff, Janice Kohut, kindly withdraw the appearance of Sandra L. Meilton, Esquire, and Daley Zucker Meilton & Miner, LLC, as counsel of record for Plaintiff, Janice Kohut, in the above-captioned matter. DALEY ZUCKER MEILTON & MINER, LLC BY: 1 andra L. Meilton, Es.uire Attorney I.D. #32551 635 North 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 CERTIFICATE OF SERVICE r AND NOW, this if I day of f 2013, I, Gloria M. Rine, Paralegal for Daley Zucker Meilton&Miner, LLC, hereby certify that I have this day served a copy of the within document,by mailing same by first class mail,postage prepaid, addressed as follows: Ms. Janice M. Kunkle 4000 Independence Court Mechanicsburg, PA 17050 Mr. Robert W. Kohut 1363 Kiner Boulevard Carlisle, PA 17013 Gloria M. Rine