HomeMy WebLinkAbout92-1947AS OF II -13- 06
CASE#. 9a- i947
HAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
MARY ELLEN KINDLER, NOW MARY
ELLEN HARNER,
Plaintiff
VS.
ROBERT P. KINDLER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1947 CIVIL 1992
PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
petitions this court to enforce a provision of the Property Settlement Agreement between the
parties, based upon the following:
1. The Petitioner herein is the Plaintiff, Mary Ellen Kindler, now Mary Ellen Harner,
who resides at 852 Wynnewood Road in Camp Hill, Cumberland County, Pennsylvania.
2. The Respondent herein is the Defendant, Robert P. Kindler who resides at 2020
Continental Drive in Harrisburg, Dauphin County, Pennsylvania.
3. The parties are formerly husband and wife having been divorced by this court to a
final decree entered to the above term and number in early 1996.
4. The parties are the parents of three children, Carolyn M. Kindler, born 3
November 1985, Franz P. Kindler, born 3 November 1985; and Kaitlyn E. Kindler, born 15
August 1988.
5. At or near the time of the parties divorce they settled their economic claims by a
Property Settlement Agreement dated 9 October 1995. A copy of that Agreement is attached
hereto and marked as Exhibit A.
6. Pursuant to Paragraph 4 of the Agreement, the parties agreed to contribute, in
direct proportion to their financial ability, to the direct expenses of the formal education
beyond high school of each of their children.
7. Pursuant to Paragraph 5 of the Agreement, the parties agreed to hold certain funds
in custodial accounts for the parties' children.
8. Defendant has breached the terms of the Property Settlement Agreement in the
following ways:
A. He has failed to contribute his proportionate share to the current
expenses for the college education of two of the parties' children; and
B. Plaintiff believes that Defendant has misused the funds within the
custodial accounts for the children to pay his portion of their college expenses
up to now.
9. The direct costs for the parties' child Franz to attend West Virginia University
where he is a full time student, and their child, Kaitlyn to attend Immaculata University,
where she is a full time student, are listed on Schedules B and C which are attached hereto
and made a part hereof by reference.
10. Plaintiff needs the contribution from Defendant of his proportionate share of
the educational costs of the children so they can continue in school. By breaching the
Property Settlement Agreement, Defendant has injured Plaintiff and the parties' children.
11. Paragraph 18 of the parties' Property Settlement Agreement provides that
the party breaching that Agreement shall be responsible to pay the reasonable attorney's fees
incurred by the other party to enforce their rights under the agreement.
WHEREFORE, Plaintiff prays this court to take the following action:
A. Require Defendant Robert P. Kindler to provide an accounting of the
monies he has removed, spent, or otherwise disbursed from the custodial
accounts maintained by the children pursuant to the terms of the parties'
Property Settlement Agreement and account for the extent to which any of
those funds were used to pay college expenses of the children or any other
expense; and
B. Compel the Defendant to pay his proportionate share of the direct
expenses for the children's college education; and
C. Award Plaintiff the attorneys fees she has incurred in enforcing the
terms of the parties' Property Settlement Agreement; and
D. Take such other action as the court deems appropriate and equitable
under the circumstances.
ti
Samuel L. AIWA
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand
that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date: ,?/ • ?(? •?(,? .
Mary -Ellen Harner
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing document upon the Defendant
by regular mail, postage prepaid, addressed as follows:
Robert P. Kindler
2020 Continental Drive
Harrisburg, PA
Date: November 2006
Amy M. Har ns
Secretary for Samuel L. Andes
EXHIBIT A
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this "lei day of C? 1995, is by and between:
ROBERT P. KINDLER, of 1925 Chatham Road, Camp Hill, Pennsylvania, party of the
first part, hereinafter referred to as "Husband"; and
MARYELLEN KINDLER, of 1603 Chatham Road, Camp Hill, Pennsylvania, party of the
second part, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 30 June
1984 and are the natural parents of three minor children: Carolyn M. Kindler, born 3
November 1985, Franz P. Kindler, born 3 November 1985, and Kaitlyn E. Kindler, born 15
August 1988 (hereinafter referred to as "children"); and
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Wife has filed an
action in divorce against Husband which is now pending to No. 1947 Civil 1992 before
the Court of Common Pleas of Cumberland County, Pennsylvania; and
WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire,
and Husband by Leslie David Jacobson, Esquire, have each exchanged full and complete
information as to the property, assets, and liabilities owned and owed by each and have
disclosed to each other and to their respective attorneys full information as to the
financial status of both parties hereto; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
'division of their assets, the provision for the liabilities they owe, and provision for
the resolution of their mutual differences, after both parties have had full and ample
opportunity to consult with their respective attorneys, and the parties now wish to
have that agreement reduced to writing.
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NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and
valuable considerations, and intending to be legally bound and to legally bind their
heirs, successors, assigns, and personal representatives, do hereby covenant, promise,
and agree as follows:
1. Physical custody of the parties' minor children named above shall remain in
Wife subject to periods of temporary custody in Husband as the parties may, from time
to time, agree. Each party reserves all of their rights and claims to custody and
their right to have any custody matters decided by a court of appropriate jurisdiction
in the event the parties cannot agree.
2. This agreement shall not make any provision for the regular payment of child
support or for the current contribution of either party to the support and maintenance
of the children. Both parties reserve all rights and claims regarding financial
support for their minor children and agree that, in the event of a dispute, the issue
of child support shall be resolved by a court of appropriate jurisdiction.
3. Notwithstanding Paragraph 2 above, Husband and Wife mutually represent that
their children may and probably will incur substantial medical, hospital, dental,
orthodonture, or related expenses during the time that they are dependent upon the
parties hereto for support. Both parties hereto agree to contribute equally to the
direct costs of such treatment beyond that paid by insurance coverage then in effect.
In furtherance of this provision, Husband agrees that he will pay to Wife, within
thirty (30) days of the execution of this agreement, one-half of the medical expenses
which have been incurred to date for their son, Franz's, ADA testing, medication, and
therapy, the total cost of which are approximately $1,600.00 to date.
4. Notwithstanding the provisions of Paragraph 2 above, Husband and Wife mutually
represent that their children may wish and desire formal education beyond normal high
school completion. Both parties hereto agree to contribute, in proportion to their
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financial ability to do so at the time of such formal education, to the direct costs,
including but not limited to, tuition, room and board or other living expenses,
transportation, books, and miscellaneous social expenses, of the child or children
incurred in the college or other legitimate formal education following high school, and
any reasonable and legitimate non-college formal education following high school. Any
such contribution, however, will be made or calculated after taking into account the
separate income and property of the children, specifically those assets held in
custodial accounts for the children as provided for hereinbelow.
5. The parties acknowledge that they were parties to an action filed against
them by Gertrude Kindler to No. 94-4690 Civil `Perm before the Court of Common Pleas of
Cumberland County, Pennsylvania, and that, as settlement of that litigation, Thirty
Thousand ($30,000.00) Dollars was deposited into custodial accounts to be held for the
parties' children. The parties acknowledge that they have no further claim to those
funds and that the funds belong to and shall be held and applied for the benefit of
their said minor children.
6. The parties hereto are parties to an agreement of sale for real estate owned
by them in the Borough of Camp Hill to people named Koser and, by the terms of said
sales agreement, are entitled to receive a payment of One Hundred Sixty-Two and 90/100
($162.90) Dollars per month through July 31, 1999, at which time the total remaining
balance of Twelve Thousand Two Hundred Forty-Three and 36/100 ($12,243.36) Dollars,
plus any unpaid interest, is due and owing. The parties agree that they shall dispose
of such sales agreement by assigning the same to Wife, and they do hereby assign said
agreement to Wife. Husband shall notify the parties making payments on the agreement
of sale to make all future payments to Wife and Wife shall be responsible to deposit
one-half of such payments into the custodial accounts for the children. Wife shall be
responsible to report and pay any tax on the taxable income resulting from such sales
agreement.
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7. Wife does hereby release and remise any ownership interest in or claim against
the following parcels of real estate owned by Husband with other persons or owned by
partnerships or similar entities in which Husband owns an interest:
A. A property at 113 Chestnut Street in Dillsburg, York County,
Pennsylvania;
B. A property on Moore Street in Elizabethville, Dauphin County,
Pennsylvania;.
C. A property on the Carlisle Pike in New Kingston, Cumberland County,
Pennsylvania; and
D. A property located on 14th Street in the City of Harrisburg,
Dauphin County, Pennsylvania.
Wife shall execute quitclaim deeds or other documents reasonably satisfactory to her
and her attorney to release any interest in those properties, upon the request of
Husband. Husband shall be solely responsible to pay all debts, mortgages, liens, and
'other obligations against or associated with such properties and shall indemnify and
'save Wife harmless from any loss, cost, or expense caused to her by his failure to pay
and satisfy such obligations.
8. Husband shall, promptly upon presentation of a deed by Wife or her attorney,
execute and acknowledge a deed conveying all of his right, title, and interest in and
Ito the property at 1603 Chatham Road in Lower Allen Township, Cumberland County,
Pennsylvania, currently titled in the joint names of the parties to Wife, free and
'clear of all liens, mortgages, and encumbrances. Husband specifically represents to
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Wife that the property is free and clear of any mortgages or other liens or
encumbrances and that he is not aware of any party making any claim against the said
property or claiming any ownership interest therein other than Husband and Wife.
9. Wife does hereby waive and release any interest in the following assets
currently held or owned by Husband:
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A. Any interest owned by Husband in the East Shore Health Club or the
partnership or corporation which owns or operates such business; and
B. An investment account with the Dreyfus Fund, having a current
balance of approximately $8,000.00.
Wife does hereby waive and release any claim to or interest in such assets and agrees
to assert no claim against them in the future and to make, execute, acknowledge and
deliver any documents reasonably necessary to confirm ownership of these assets in
Husband.
10. Husband does hereby assign, transfer, and set-over unto Wife all of his
right, title, and interest in and to the following investment assets owned by the
parties or one of them:
A. An investment account with Shearson Lehman Brothers having a present
balance of approximately $11,000.00; and
B. A savings account with Members First Federal Credit Union, formerly
DAFCU, having a present balance at this time of $1,000.00.
Husband shall make, execute, acknowledge and deliver any and all documents necessary to
transfer ownership of these accounts to Wife within ten (10) days of the date of this
agreement. Husband waives all furtnei claim to or interest in said accounts and
confirms them to be the sole and separate property of Wife hereafter.
11. Husband covenants and agrees to transfer and assign to Wife, all of his
right, title, and interest in and to a certain 1990 Mercury Sable station wagon; said
automobile to be the sole and separate property of Wife. In addition, Husband agrees
that he shall pay, and satisfy in strict accordance with its terms, any debt owed to
Ford Motor Credit Corporation which encumbers the title to said vehicle and shall
indemnify and save Wife harmless from any cost, loss, or expense caused to her by his
failure to do so.
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12. Husband hereby warrants and represents that his life is presently insured
under the following policies of insurance (hereinafter called the "policies"):
A. Phoenix Home Life Insurance Policy #2514669;
B. Royal Macabees Insurance Policy #00004015550; and
C. Allstate Life Insurance Policy #738255661.
Husband further represents and warrants that the policies are currently in full force
and effect, that Husband has paid all premiums and other sums now due on such policies,
and that Husband has not borrowed against, pledged, nor encumbered the said policies.
The parties hereto hereby agree and covenant that the children of the parties will be
designated, irrevocably, as the sole and exclusive beneficiaries under all such
policies. Husband hereby agrees and promises to pay any and all premiums, dues, and
assessments on the said policies from and after the date hereof and to take all actions
necessary to keep such policies in full force and effect for the benefit of said
children until all of the children attain the age of 23 years.
13. The parties agree that Husband shall have the coin collection which he owned
prior to the date of marriage and, if such coin collection is in the possession of
Wife, she will return it to him. Wife, however, makes no representation and gives no
assurance that she has possession of or knows the whereabouts of such coin collection.
Otherwise, the parties hereto mutually agree that they have effected a satisfactory
division of the furniture, household furnishings, appliances, and other household and
personal property between them and they mutually agree that each party shall, from and
after the date hereof, be the sole and separate owner of all such tangible personal
property presently in his or her possession, whether said property was heretofore owned
jointly or individually by the parties hereto, and this agreement shall have the effect
of an assignment or receipt from each party to the other for such property as may be in
the individual possessions of each of the parties hereto, the effective date of said
bill of sale to be contemporaneous with the date of the execution of this Agreement.
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14. The parties acknowledge that they are aware of the income, education, income
potential, and assets and holdings of the other or have had full and ample opportunity
to become familiar with such items. Both parties acknowledge that they are able to
support and maintain themselves comfortably upon the income and assets owned by each of
them and without contribution from the other except as expressly provided for in this
Property Settlement Agreement. The parties hereby accept the mutual covenants and
terms of this Agreement and the benefits and properties passed to them hereunder in
lieu of any and all rights to support or alimony, counsel fees, and alimony pendente
lite at this time and during any and all further or future actions of divorce brought
by either of the parties hereto and they do hereby remise, release, quit claim, and
relinquish forever any and all of their said rights to support, counsel fees, alimony,
and alimony pendente lite during the pendency of or as a result of any such actions, as
provided by the Divorce Code of Pennsylvania or any other applicable statute, at this
time and at any time in the future.
15. Except as herein otherwise provided, each party hereto may dispose of his or
her property in any way, and each party hereby expressly waives and relinquishes any
and all rights he or she may now have or hereafter acquire, under the present or future
laws of any jurisdiction, to share in the property or the estate of the other as a
result of the marital relationship, including, without limitation, the right to
equitable division of marital property, alimony, alimony pendente lite, and counsel
fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory
allowance, widow's allowance, right to take in intestacy, right to take against the
will of the other, and right to act as administrator or executor of the other's estate,
and each will, at the request of the other, execute, acknowledge, and deliver any and
all instruments which may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of all such interests, rights, and claims.
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III
16. Husband releases his inchoate intestate rights in the estate of Wife and Wife
releases her inchoate intestate rights in the estate of Husband, and each of the
parties hereto by these presents for himself or herself, his or her heirs, executors,
administrators, or assigns, does remise, release, quit claim, and forever discharge the
other party hereto, his or her heirs, executors, administrators, or assigns, or any of
them, of any and all claims, demands, damages, actions, causes of action or suits of
law or in equity, of whatsoever kind or nature, for or because of any matter or thing
done, omitted, or suffered to be done by such other party prior to the date hereof;
except that this release shall in no way exonerate or discharge either party hereto
from the obligations and promises made and imposed by reason of this agreement and
shall in no way affect any cause of action in absolute divorce which either party may
have against the other.
17. The parties hereto mutually represent to the other that neither of them has
incurred any debts in the name of the other not previously disclosed or provided for in
this agreement. Each of the parties hereby represents to the other that neither one of
them has incurred or contracted for debts in the name of the other or for which the
other is or would be legally liable from and after the date of the parties' separation.
Both parties hereto mutually agree and promise that neither will contract or otherwise
incur debts in the other's or joint names without the prior permission and consent of
the other party hereto. Both parties hereto represent and warrant to the other party
that they have not so contracted any debts unbeknownst to the other up to the time and
date of this Agreement.
18. In the event that any of the provisions of this agreement are breached or
violated by either of the parties, the other party shall be entitled to enforce this
agreement by an appropriate action in law or in equity or to take any other action to
which they are lawfully entitled to enforce this agreement or otherwise protect their
rights. In the event-thart?-su-ch--&ctron -is - comwen-ced-by-ore o-f-tire -parties ---anal-th-a t h
party is found to have breached or violated any of the terms and provisions of this
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agreement, the party having so violated or breached the agreement, shall be responsible
for and shall promptly pay upon demand the reasonable attorney's fees incurred by the
other party to enforce their rights hereunder.
19. The parties acknowledge that this agreement is made in contemplation of the
conclusion by both of them of an action in divorce which has been filed or will be
filed shortly by one of the parties hereto. Both of the parties hereto agree that they
shall, contemporaneously with the execution of this agreement, execute and deliver to
their respective attorney or attorneys, an affidavit of consent under Section 3301(c)
of the Divorce Code, consenting to the entry of a final decree in divorce. Both
parties agree that they shall accept the terms and provisions of this agreement in full
satisfaction of any claims they may have under the Divorce Code of the Commonwealth of
Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel
fees, equitable distribution, and the like.
20. This Agreement shall be interpreted and construed in accordance with the laws
of the Commonwealth of Pennsylvania.
21. If for any reason whatsoever any part of this Agreement shall be declared
void or invalid, only such part shall be deemed void and in all other respects this
Agreement shall remain valid and fully enforceable.
22. The waiver of any term, condition, clause, or provision of this Agreement
shall in no way be deemed or considered a waiver of any other term, condition, clause
or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
J LZ
Witness ROBERT P. KINDLER
ss MARYEU EN KIN ER
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COST FOR FRANZ KINDLER
FALL TERM 2006
Tuition
Housing fee at fraternity
Meal plan
Books
$7,371.00
$1,100.00
$391.00
$600.00
Total costs $9,462.00
SCHEDULE B
COST FOR KAITLYN KINDLER
FALL TERM 2006
Tuition $10,287.50
Housing fee at fraternity $2,505.00
Meal plan $2,162.50
University fees $320.00
Books $750.00
Sub total
Less:
Immaculata University grant
Immaculata University opportunity grant
$16,025.00
($3,500.00)
($615.00)
Total net expenses $11,910.00
SCHEDULE C
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NOV 14 2006 M-r
MARY ELLEN KINDLER, NOW MARY
ELLEN HARNER,
Plaintiff
VS.
ROBERT P. KINDLER,
Defendant
ORDER OF COURT
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1947 CIVIL 1992
AND NOW this ,26r day of "Vt- b-tr- , 2006, upon consideration of
the attached Petition, a rule is hereby issued upon the Defendant, Robert P. Kindler, to show
cause, if any he has, why the relief prayed for in the said Petition should not be granted.
The Rule shall be served upon the Defendant, by personal service or by certified mail,
return receipt requested, and shall be returnable 20 days from the date of service.
BY THE COURT,
J?
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043
Robert P. Kindler, pro se
2020 Continental Drive, Harrisburg, Pa
i .,era
6 :w, riff Q ; r t i+ HOO
Leslie D. Jacobson
The Law Offices of Leslie D. Jacobson
Attorneys for Defendant
8150 Derry Street, Ste. A
Harrisburg, Pennsylvania 17111-5260
Ph: (717) 909-5858
Fx: (717) 909-7788
MARY ELLEN KINDLER, NOW MARY IN THE COURT OF COMMON PLEAS
ELLEN HARNER, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. CIVL ACTION - LAW
ROBERT P. KINDLER NO. 1947 CIVIL 1992
DEFENDANT
NOTICE TO PLEAD
TO: MARY ELLEN KINDLER, NOW MARY ELLEN HARNER
C/O Mr. Samuel L. Andes, Esquire
525 North 12th Street
Lemoyne, PA 17043
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED PLEADING WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
THE LAW OFFICES OF LESLIE DAVID JACOBSON
Dated: December 7, 2006
D.Tadobson
8T5 D Street
Harri g, PA 17111
717.909.5858
FAX: 717.909.7788
Attorney for Defendant
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Leslie D. Jacobson
The Law Offices of Leslie D. Jacobson
Attorneys for Defendant
8150 Derry Street, Ste. A
Harrisburg, Pennsylvania 17111-5260
Ph: (717) 909-5858
Fx: (717) 909-7788
MARY ELLEN KINDLER, NOW MARY
ELLEN HARNER,
PLAINTIFF
V.
ROBERT P. KINDLER
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVL ACTION - LAW
NO. 1947 CIVIL 1992
DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO ENFORCE
PROPERTY SETTLEMENT AGREEMENT
AND NOW COMES, the Defendant Robert P. Kindler, by and through his attorneys the
Law Offices of Leslie David Jacobson, and files the following Answer to Plaintiff's Petition to
Enforce Property Settlement Agreement, and states as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted. By way of further response, the Agreement speaks for itself.
7. Denied. It is denied that pursuant to Paragraph 5 of the Agreement, the parties
agreed to hold certain funds in custodial accounts for the parties' children. By way of further
response, custodial accounts were set up on behalf of each minor child. A custodial account was
set up for Franz Kindler under the custodial control of Stephen Kindler, Defendant's brother.
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The accounts for Kaitlyn and Carolyn were set up under the custodial control of Madeline
Volpetti, Plaintiff's sister.
8. Denied. It is denied that Defendant has breached the terms of the Property
Settlement Agreement in any way. It is specifically denied that:
a. Defendant has failed to contribute his proportionate share to the current
expenses for the college education of two of the parties' children.
b. Defendant has misused the fund within the custodial accounts for the children
to pay his portion of their college expenses.
9. Admitted.
10. Denied. It is denied that Plaintiff needs the contribution from the Defendant of
his proportionate share of the educational costs of the children so they can continue in school. It
is denied that Defendant is breaching the Property Settlement Agreement. It is denied that
Defendant has injured the Plaintiff and the parties' children.
11. Admitted.
WHEREFORE, Defendant prays this Honorable Court to dismiss Plaintiffs Petition in its
entirety and alternatively award reasonable costs and attorneys fees to the Defendant pursuant
the parties' Property Settlement Agreement.
NEW MATTER
12. Paragraphs 1 through I 1 are incorporated by reference as though fully set forth.
13. With regard to the parties' son Franz, the original account was used to pay for
Franz's first and second semesters in college, in the approximate amounts of $9,022.00 for the
first semester, and $5,300.00 for the second semester, exhausting the custodial account for Franz.
14. The balance of $3,722.00 was paid by Defendant to complete the tuition
payments for Franz's first year
15. Franz's second year tuition, first semester $7,290.00 and second semester
$6,457.00 were paid entirely by Defendant without any contribution from Plaintiff.
16. Defendant additionally paid $2,077.00 in miscellaneous expenditures including
rent, fraternity house charges, and miscellaneous legal fees on behalf of Franz.
17. To the best of Defendant's knowledge, Plaintiff has paid nothing towards the first
two years of educational related expenses of Franz, nor has she paid anything toward the current
bill that is the subject of this Petition.
18. With regard to the parties Daughter Kaitlyn, her custodial account was under the
care and control of Madeline Volpetti. Defendant believes that Plaintiff has caused this account
to be liquidated and the funds are believed to be in Plaintiff's possession.
19. Plaintiff is responsible, to use those funds in her possession, towards the
educational expense of Kaitlyn. Defendant believes that said account totaled as of November 24,
2006 the amount of $18,562.64.
20. It is Plaintiff and not Defendant that has breached the parties' Property Settlement
Agreement by failing to make any contributions required pursuant to the Agreement for Franz,
both for his first and second years in college, and the current bill pending.
WHEREFORE, Defendant prays this Honorable court take the following action:
A. Compel Plaintiff to pay her proportionate share of the expenses of the children's
college education.
B. Compel Plaintiff to repay Defendant her proportionate share of expenses paid by
Defendant for Franz.
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C. Award Defendant attorneys fees he has incurred in responding to this frivolous
Petition and enforcing the terms of the parties Property Settlement Agreement
D. Provide for any other remedies the court deems just and appropriate under the
circumstances.
Respectfully Submitted,
THE LAW OFFIC OF LES(1j,IE DAVID JACOBSON
Dated: December 7, 2006 / L \-
es ie . Jacobson
,B 15R?)e?ry Street
HarnWg, PA 17111
Attorney for Defendant
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VERIFICATION
I, ROBERT P. KINDLER do hereby verify that the facts stated in the foregoing
document 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.
§4904 relating to unsworn falsification to authorities.
Date: /2, ? " 0 ?
By:
At't /- A
Robert P. Kindler
Leslie D. Jacobson
The Law Offices of Leslie D. Jacobson
Attorneys for Defendant
8150 Derry Street, Ste. A
Harrisburg, Pennsylvania 17111-5260
Ph: (717) 909-5858
Fx: (717) 909-7788
MARY ELLEN KINDLER, NOW MARY IN THE COURT OF COMMON PLEAS
ELLEN HARNER, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. CIVL ACTION - LAW
ROBERT P. KINDLER NO. 1947 CIVIL 1992
DEFENDANT
CERTIFICATE OF SERVICE
AND NOW, this 7th day of December 2006, I Chad J. Julius, Legal Assistant at the Law
Offices of Leslie D. Jacobson, attorney for the Defendant hereby certify that on this day I served
the within Pleading upon the person indicated below, by depositing a true and correct copy of the
same in the United States Mail, postage prepaid, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure:
Mr. Samuel L. Andes
Attorney For Plaintiff
525 North 12th Street
Lemoyne, PA 17043
LAW OFFICES OF LESLIE D. JACOBSON
Chad Julius, Parijegal
8150 Derry Street
Harrisburg, PA 17111-5260
Phone: (717) 909-5858
Facsimile: (717) 909-7788
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MARY ELLEN KINDLER, now Mary )
Ellen Hamer, )
Plaintiff )
VS. )
ROBERT P. KINDLER, )
Defendant )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1947 CIVIL 1992
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
makes the following Reply to Defendant's New Matter:
12. No answer required. To the extent an answer is appropriate, Plaintiff incorporates
herein, by reference, the averments set out in her original petition.
13. Denied. The information regarding this account is not available to Plaintiff and is
within the control of the Defendant or members of his family. As a result, after reasonable
investigation, Plaintiff denies the averments set out in this paragraph and demands proof thereof at
a hearing.
14. Denied for the reasons set forth in the answer to Paragraph 13 above.
15. Denied for the reasons set forth in the answer to Paragraph 13 above.
16. Denied for the reasons set forth in the answer to Paragraph 13 above.
17. Denied. Plaintiff has made payments for the benefit and education of Franz as are
set out and identified in her petition, the averments of which are incorporated herein.
-1-
18. Denied. Plaintiff does not have any direct knowledge of the custodial account held
for Kaitlyn and believes that funds in that account have not been expended for the education of
the child. Plaintiff denies that she has caused this account to be liquidated or that the funds in
that account are in Plaintiffs possession.
19. Denied for the reasons set forth in the answer to Paragraph 18 above. Plaintiff has no
access to or possession of those funds and does not know where they currently are.
20. Denied. Plaintiff has made contributions toward the education and other expenses
of the parties' son, Franz, and denies that she has breached the property settlement agreement.
The averments set out in her original petition are incorporated herein by reference.
WHEREFORE, Plaintiff prays this Court to grant the relief requested in her original
petition.
4el LLAZde's'?
Attorney for Plaintiff
Supreme Court ID 17225
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
-2-
.?
I verify that the statements made in this document are true and correct. I understand that any
false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn
falsification to authorities).
DATE: Z Z
MAR EN HAPSER
-3-
y.
CERTIFICATE OF SERVICE
7
I hereby certify that on 200?I served a copy of the foregoing
document upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows:
Leslie D. Jacobson, Esquire
8150 Derry Street, Suite A
Harrisburg, PA 17111-5260
1 L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
-4-
) r---y p
C"
C? s
MARY ELLEN KINDLER, now MARY
ELLEN HARNER,
Plaintiff
VS.
ROBERT P. KINDLER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1947 CIVIL 1992
MOTION FOR HEARING
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
moves the court for a hearing on her Petition to Enforce Property Settlement Agreement
previously filed in this matter, based upon the following:
1. The moving party herein is the Plaintiff and Petitioner. The responding party is
the Respondent and Defendant.
2. This matter involves Plaintiff's efforts to enforce certain provisions of a Property
Settlement Agreement entered into by the parties at the time of their divorce which
included, among other things, an agreement to share the costs of college or other formal post-
high school education for their children.
3. Since Plaintiff filed her petition in November of 2006, the parties have not been
able to resolve their differences over this matter and Plaintiff believes that a hearing before
the court will be required to resolve the remaining issues and disputes.
4. This matter is somewhat urgent because the expenses for two of the children to
attend college continue to fall due and Plaintiff is not able to continue to pay those expenses
from her own funds.
5. The Honorable Kevin A. Hess signed a Rule to Show Cause on Plaintiffs Petition
to Enforce in November of 2006. No other judge has been involved in this matter, or signed
any orders in this matter, since the parties concluded their divorce more than ten years ago.
6. Plaintiff's counsel submitted a copy of this Motion to Defendant's counsel and, as
of the date this Motion has been signed, has not received a response. Counsel for Plaintiff
believes that Defendant does not wish a hearing to be scheduled at this time and that,
therefore, Defendant would oppose the relief requested in this Motion.
WHEREFORE, the Plaintiff requests this court to schedule a hearing on her Motion.
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12?h Street
Lemoyne, PA 17043
(717) 761-5361
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing document upon counsel for
the Defendant herein by regular mail, postage prepaid, addressed as follows:
Leslie D. Jacobson, Esquire
8150 Derry Street, Suite A
Harrisburg, PA 17111-5260
Date: 5 June 2007 tlnw L? 1 1 •
Amy M. arkins
Secretary for Samuel L. Andes
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Z04 M? 40
MARY ELLEN KINDLER, now MARY )
ELLEN HARMER, )
Plaintiff )
VS. )
ROBERT P. KINDLER, )
Defendant )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1947 CIVIL 1992
ORDER OF COURT
u,
AND NOW this / day of , 2007, a
hearing is hereby scheduled on the Plaintiff's Petition to Enforce. The hearing shall be held
before the undersigned in Court Room No. r? of the Cumberland County Courthouse in
Carlisle, Pennsylvania, commencing at %CQ) o'clock, m. on
the a d
2007.
Distribution:
v'Samuel L. Andes, Esquire
525 North 12th Street, P.O
day of
BY THE COURT. /
Vj.leslie D. Jacobson, Esquire (Attorney for Defendant)
8150 Derry Street, Suite A, Harrisburg, Pa 17111-5260
V
(Attorney for Plaintiff)
Box 168, Lemoyne, PA 17043
?.? 1? ! ?y
MARY ELLEN KINDLER, now
MARY ELLEN HARNER
Plaintiff
Vs.
ROBERT P. KINDLER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1947 CIVIL 1992
IN DIVORCE
AND NOW this z 6 + day of -51?W-4 , 2007, upon
the agreement of the parties, the hearing which had been scheduled in this matter for 1
October 2007 is hereby rescheduled. The hearing will now be held on 23 October 2007,
commencing at 11:00 a.m. before the undersigned.
BY THE COURT,
3.
Distribution:
/amuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043
slie D. Jacobson, Esquire (Attorney for Defendant)
8150 Derry Street, Suite A, Harrisburg. PA 1711-5260
J
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'7 ?Gl kV Lw ca S
C 1".
MARY ELLEN KINDLER,
now MARY ELLEN HARNER,
Plaintiff
V
ROBERT P. KINDLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1947 CIVIL 1992
IN DIVORCE
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 23rd day of October, 2007, the matter
having been called for a hearing, and the defendant not
appearing, but it appearing that the court has not previously
entered an order to enforce the terms of the property settlement
agreement, we order as follows:
1. The parties are hereby directed to comply with and
to perform their obligations under the terms of the property
settlement agreement between them dated October 9, 1995,
particularly with regard to the provisions of that agreement,
which appear in paragraph four, that require the parties to
contribute in proportion to their financial ability to do so to
the costs of the formal education of their children.
2. The parties are directed to exchange within thirty
days income, other financial information, information regarding
the children's expenses, and information regarding the
contributions each of them have made to those expenses.
3. In the event that after exchanging that
information the parties cannot reach agreement, the court will
schedule a hearing at the request of either party to interpret
and if necessary enforce the provisions of the property
settlement agreement with regard to college support expenses.
?a 111Oct"' 1010 LODZ
revs +: - ?; -LL :40
31 L) !
1
N0. 1947 CIVIL 1992
By the Court,
evin A. Hess, J
?amuel L. Andes, Esquire
For the Plaintiff
Fo
,Leslie D. Jacobson, Esquire
For the Defendant
:bg J
MARY ELLEN KINDLER, now
Mary Ellen Harper,
Plaintiff
vs.
ROBERT P. KINDLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1947-1992 CIVIL
IN RE: PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT
ORDER
AND NOW, this S + day of December, 2007, hearing in the above-captioned
matter is set for Thursday, January 17, 2008, at 9:30 a.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
Hess, J.
Samuel L. Andes, Esquire
For the Plaintiff
Leslie D. Jacobson, Esquire
For the Defendant
> L)OF I C.? /71 at LCCL
14-Clo 7
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MARY ELLEN KINDLER, now MARY
ELLEN HARNER,
Plaintiff
CIVIL ACTION - LAW
vs.
ROBERT P. KINDLER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 1947 CIVIL 1992
IN DIVORCE
ORDER OF COURT
AND NOW, this z d` day of , 200k?upon the agreement
of the parties as evidenced by the stipulation of their counsel attached hereto, we hereby order
and decree as follows:
1. The Defendant Robert P. Kindler shall pay to Immaculata College, or any other
college or university attended by the parties daughter Kaitlyn, the sum of $7,500.00 per
semester for the next three semesters (spring 2009, fall 2009, and spring 2010). Those
payments shall be made in a timely fashion after statements are received from the university
so as not to delay the child's enrollment or attendance at the university.
2. The Plaintiff Mary Ellen Harrier and the Defendant Robert P. Kindler shall divide
equally and pay equally the following additional expenses for the college education of their
daughter Kaitlyn:
a. All tuition and fees charged by the college beyond the payments
toward tuition to be made by Defendant pursuant to Paragraph 1 hereof. These
payments shall also be made in a timely fashion so as not to delay the child's
enrollment or attendance at college.
b. The sum of $1,000.00 per month (that is, $500.00 by Plaintiff and
$500.00 by Defendant) for the months the child is enrolled at the college (which
months will be September through December for the fall semester and January
through May for the spring semester). These payments will be made directly to
Kaitlyn, to defray her rent, food, travel, and other living expenses, on or before
11 the 1 St day of each month.
80 .Q WV 13 NVr 69OZ
31HI -.,go
c. The parties are free to agree to make additional contributions to the
costs of education and living for their daughter Kaitlyn, if they choose to do so.
Neither party shall be responsible, however, to pay for more than four years of
college education for their daughter Kaitlyn, or their son Franz, in the absence of
their mutual agreement to do so.
d. All of the payments made pursuant to this Order shall be made by the
parents from their morn funds. None of these paymd-'nft alt be.funded, in
whole, or in part, by any student loans or other loans or obligations for which the
parties' daughter Kaitlyn could ultimately be liable.
3. This order resolves the issues raised in Plaintiffs Petition for Special Relief in
which she sought contribution from Defendant for the cost of the college education of the
parties' son Franz and daughter Kaitlyn. The parties have agreed that, with the payments to
be paid pursuant to this order, their contribution to the cost of their two children's formal
education has been substantially equal.
Distribution:
Xmuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12'h Street, P.O. Box 168, Lemoyne, Pa 17043
/eslie D. Jacobson, Esquire (Attorney for Defendant)
8150 Derry Street, Suite A, Harrisburg, PA 1711-5260
4
BY THE COURT, /
Y
MARY ELLEN KINDLER, now MARY
ELLEN HARNER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
ROBERT P. KINDLER,
Defendant
STIPULATION
NO. 1947 CIVIL 1992
IN DIVORCE
AND NOW come the above-named parties, by their attorneys, who represent to the
court that they are authorized to make this Stipulation on behalf of their clients, and stipulate
and agree that the attached order should be entered to resolve the issues currently pending
before the court on Plaintiff's Petition for Special Relief.
IN WITNESS WHEREOF counsel for the parties, being authorized to do so, have set
their hands and seals the date set forth below.
Date: i 2 624m Z.?LA
Date: ?D
nt-
kuel L. A es
Attorr)V for Plaintiff
ie D. Jacobsoi
rnev for Defen