HomeMy WebLinkAbout06-6926
....
Y AZMIN E. KUBALL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 06- ~9Jb
CNIL TERM
GLEN S. KUBALL,
Defendant
IN DNORCE
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 Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
....
Y AZMIN E. KUBALL,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06- ~9;U- CIVIL TERM
GLEN S. KUBALL,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, the Plaintiff, Yazmin E. Kuball, through her attorney, Dawn S. Sunday, Esquire
files this Complaint in Divorce based upon the following:
1. The Plaintiff is Yazmin Elizabeth Kuball, an adult individual, residing at 504 Francis Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Defendant is Glen Steven Kuball, an adult individual, residing at 504 Francis Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. The Plaintiff and Defendant were married on September 2, 1982 in
Las Vegas, Nevada.
4. The Plaintiff and Defendant have been bona fide residents ofthe Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
5. There has been no prior action for divorce or annulment of marriage between the parties in
this or in any other jurisdiction.
6. Neither ofthe parties in this action is presently a member of the Armed Forces on active
duty.
7. The bases for this action is the irretrievable breakdown ofthe parties' marriage.
8. The Plaintiff has been advised of the availability of marriage counseling and that
Plaintiff may have the right to request that the Court require the parties to participate
in counseling.
WHEREFORE, the Plaintiff respectfully requests that the Court enter a decree of divorce
under Section 3301(c) or 3301(d) ofthe Pennsylvania Divorce Code.
....
COUNT II - EQUITABLE DISTRIBUTION
9. Plaintiff incorporates herein by reference the allegations stated in Paragraphs 1 through 8
ofthis complaint.
10. Plaintiff and Defendant have legally and beneficially acquired property during
their marriage.
11. The parties plan to enter into agreements for the resolution of their divorce and equitable
distribution issues through the collaborative family law process.
WHEREFORE, the Plaintiff respectfully requests that the Court equitably divide all marital
property pursuant to the parties' agreements.
COUNT III - CHILD CUSTODY
12. Plaintiff incorporates herein by reference the allegations stated in Paragraphs 1 through 11
ofthis complaint.
13. Plaintiff seeks custody ofthe following child:
NAME
PRESENT ADDRESS
DOB
Zoe Danielle Kuball
504 Francis Drive, Mechanicsburg, P A
January 8, 1993
14. The child is presently in the custody of both parties.
15. During the past 5 years, the child has resided with the parties at 504 Francis Drive,
Mechanicsburg, P A 17050.
16. The Mother of the child is the Plaintiff, Yazmin E. Kuball, currently residing at 504 Francis
Drive, Mechanicsburg, P A 17055. She is married to the Plaintiff.
17. The Father of the child is the Defendant, Glen S. Kuball, currently residing at the same
address. He is married to the Plaintiff.
18. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff resides with the
child and the Defendant.
"
19. The relationship of the Defendant to the child is that of Father. The Defendant resides with
the child and the Plaintiff.
20. 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. Plaintiff has no information of
a custody proceeding concerning the child pending in a court of this Commonwealth or any
other state. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
21. The best interests and permanent welfare of the child will be served by granting the relief
requested because the parties are both caring and capable parents.
22. Each parent whose parental rights to the child have not been terminated, and any persons
who have physical custody of the child, have been named as parties to this action.
WHEREFORE, the Plaintiff requests that the Court grant shared custody of the child to the
parties.
Respectfully Submitted,
rO~~--d-~~~p/
Dawn S. Sunday, Esquire
Counsel for Plaintiff
ill No. 41954
39 West Main Street
Mechanicsburg, P A 17055-6230
(717) 766-9622
VERIFICATION
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.
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Y AZMIN E. KUBALL,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06- b'i ilo CNIL TERM
GLEN S. KUBALL,
Defendant
IN DNORCE
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint on behalf of Glen S. Kuball and certify that I am
authorized to do so.
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Date
Maryann Murphy, Esquire
Counsel for Glen S. Kuball
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IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA
CIVILACfION - LAW
YAZMIN KUBALL
Plaintiff
.
.
: No. ub- bGlab
.
.
v.
GLEN KUBALL
: IN DIVORCE
Defendant
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this
affidavit, you must file a counter-affidavit within twenty (20) days
after this affidavitt has been served on you or the statements will be
admitted.
AFFIDAVIT OF PLAINTIFF UNDER
SECfION ~~otCd) OF THE DIVORCE CODE
1. The part:les to this action separated on or about July 5, 2004 and have
continued to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT
ARE TRUE AND CORRECf. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECf TO THE PENALTIES OF
18 Pa.C.S. SECfION 4904 RELATING TO UNSWORN FALSIFICATION
TO AUTHORITIES.
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
CIVILACfION - LAW
YAZMIN KUBALL,
Plaintiff
.
.
.
.
: No. 06-6926 Civil Term
v.
: IN DIVORCE
GLEN KUBALL,
Defendant
.
.
.
.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DF.cRRR UNDER
SECfION :J301(dl 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.
Section 4904 relating to unsworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVILACfION - LAW
YAZMIN KUBALL,
Plaintiff
: No. 06-6926 Civil Term
v.
.
.
: IN DIVORCE
GLEN KUBALL,
Defendant
.
.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECfION ~~o1Cd) 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.
Section 4904 relating to unsworn falsification to auth~. . ~
;/\~7 !?tY-
Date GLEN KUBALL
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MAlU'l'AL SE'l''l'LBMBN'l' AGREBMD1'1'
TRIS AGRBBNBRT, made this ~~ day of
and between YAZMIN E. KOBALL of Cumberlan
,
2007 by
ennsylvania
(hereinafter referred to as YAZMIN), and GLEN S. KtJBALL of
Cumberland County, Pennsylvania (hereinafter referred to as GLEN),
w~, YAZMIN and GLEN were lawfully married on September
2, 1982 in Las Vegas, Nevada; and
WBBRBAS, two (2) children were born of this marriage, namely:
ZOSB KOBALL, born June 24, 1987; and ZOB KOBALL, born January 8,
1993; and
WBBRBAS ,
diverse,
unhappy
differences,
disputes
and
difficulties have arisen between the parties and it is the
intention of YAZMIN and GLEN to live separate and apart for the
rest of their natural lives, and the parties hereto 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 ownership and equitable distribution
of real and personal property; the settling of all matters between
them relating to past, present and future support and alimony; the
settling of all matters between them relating to the parties'
minor child including parenting and maintenance; and in general,
the settling of any and all claims by one against the other or
1
against their respective estates; and
HREREAS, YAZMIN and GLEN and their respective counsel entered
into a Collaborative Law Participation Agreement dated November
30, 2006, and have used the Collaborative Law Process in
negotiating this Agreement.
NOW, r~lORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, YAZMIN and
GLEN, each intending to be legally bound, hereby covenant and
agree as follows:
1.
Separa tiOD:
It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart.
2.
IDterrerence: 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 or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful
2
existence of the other, while living separate and apart.
3.
Subsequent Divorce:
The
parties
acknowledge
that
YAZMIN filed a Complaint in Divorce in Cumberland County,
Pennsylvania, on December 1, 2006, claiming that the marriage is
irretrievably broken under the no-fault/mutual consent provision
of Section 3301(c)and(d) of the Pennsylvania Divorce Code. The
parties hereby waive all rights to request Court-ordered
counseling under the Divorce Code. It is specifically understood
and agreed by the parties that the provisions of this Agreement as
to equitable distribution of property of the parties are accepted
by each party as a final settlement for all purposes whatsoever,
as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of separation or divorce
be obtained by either of the parties in this or any other state,
country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that
nothing
in any such decree,
judgment,
order or
further
modification or revision thereof shall alter, amend or vary any
term of this Agreement. It is specifically agreed that a copy of
this Agreement, or the substance of the provisions thereof, may be
incorporated by reference, but not merged, into any divorce,
judgment or decree. It is the specific intent of the parties to
permit this Agreement to survive any judgment and to be forever
3
binding and conclusive upon the parties.
4.
Date of Execution:
The
"date
of
execution"
or
"execution date" of this Agreement shall be defined as the day
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.
5.
Distribution Date:
The transfer of property, funds
and/or documents provided for herein, shall only take place on the
"distribution date" which shall be defined as specified herein.
6.
.Hatua~ Re~ease:
YAZMIN and GLEN each do hereby
mutually remise, release, quitclaim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title and
interests, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or against
the estate of such other, of whatever nature and wheresoever
situate, which he or she now has or at any time hereafter may have
against the other, the estate of such other or any part thereof,
whether arising out of any former acts, contracts, engagements or
liabilities of such other or by way of dower or curtesy, or claims
in the nature of dower or curtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate
4
laws, or the right to take against the spouse's will; or the right
to treat a lifetime conveyance by the other as testamentary, or
all other rights of a surviving spouse to participate in a
deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any country, or any rights which either
party may have or at any time hereafter shall have for past,
present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, property division, costs or expenses,
whether arising as a result of the marital relations or otherwise,
except, all rights and obligation of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
provisions thereof.
It is the intention of YAZMIN and GLEN to give to each other
by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except all right and agreements
and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any provision thereof.
It is further agreed that this Agreement shall be and
constitute a full and final resolution of any and all claims which
each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony
5
pendente lite or any other claims pursuant to the pennsyl vania
Divorce Code or the divorce laws of any other jurisdiction.
7.
Advice of eoun.ti:
The provisions of this Agreement
and their legal effect have been fully explained to YAZMIN by her
attorney, DAWN S. SUNDAY, ESQUIRE, and to GLEN by his attorney,
MARYANN MURPHY, ESQUIRE.
YAZMIN and GLEN acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable and that it is being
entered into freely and voluntarily and that execution of this
Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal
agreement or agreements. The parties further acknowledge that,
pursuant to their Collaborative Law Participation Agreement, they
have each made to the other a full an complete disclosure of their
respective assets, estate, liabilities, and sources of income and
that they waive any specific enumeration thereof for the purposes
of this Agreement
8.
Warranty as to Existing Ob~igatioDS:
Each party
represents that he or she has not heretofore incurred or
contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as
may be provided for in this Agreement. Each party agrees to
indemnify and hold the other party harmless for and against any
and all such debts, liabilities or obligations of every kind which
6
may have heretofore been incurred by them, including those for
necessities, except for the obligation arising out of this
Agreement.
9.
EXISTING DEBTS:
YAZMIN and GLEN acknowledge that
the following is a complete list of their marital debts:
(a) The joint mortgage on the marital residence
located at 504 Francis Drive, Mechanicsburg, Cumberland County,
Pennsylvania,
wi th Country Wide Mortgage Company in the
approximate amount of $142,300.00 as of November 27, 2006;
(b) The joint Home Equity Line of Credit with M&T Bank
in the approximate amount of $57,882.00;
(c) The Hilton AMEX Credit Card in Glen's individual
name with an approximate balance of $1,568.00;
(d) The Hilton Visa Credit Card in Glen's individual
name with an approximate balance of $423.00;
(e) The Chase Credit Card in Yazmin's individual name
with an approximate balance of $2,437.00;
(f) The joint loan on the 2002 Chevrolet Suburban 1500
Sport Utility Vehicle with an approximate balance of $1,345.00;
(g) The loan on the 2003 Nissan Maxima SE Sedan in
Glen's individual name with an approximate balance of $6,168.00;
The parties agree that they shall continue to pay household
expenses together, using their joint M&T Bank checking account,
through January 11, 2007. These expenses shall include the
7
mortgage, Home Equity Line of Credit, both car loans and the three
credit cards.
Beginning January 12, 2007, GLEN agrees to be solely and
exclusively responsible for the mortgage, Home Equity Line of
Credit, taxes, insurance and all other expenses associated with
the marital home. GLEN further agrees to indemnify YAZMIN and hold
her harmless from any and all liability for same.
Beginning January 12, 2007, GLEN agrees to be solely and
exclusively responsible for the balances on his Hilton AMEX Credit
Card, his Hilton Visa Credit Card, and the loan on the 2003
Nissan, all in his individual name. GLEN further agrees to
indemnify YAZMIN and hold her harmless from any and all liability
for same.
YAZMIN and GLEN each agree to pay one-half (1/2) of the last
payment on the loan for the 2002 Chevrolet Suburban 1500 Sport
Utility Vehicle in February of 2007.
Beginning January 12, 2007, YAZMIN agrees to be solely and
exclusively responsible for the balance of the Chase Credit Card
in her individual name. YAZMIN further agrees to indemnify GLEN
and hold him harmless from any and all liability for same.
The parties agree that there are no other marital debts.
10. Warranty as to FUture Ob~igatioDS: YAZMIN and GLEN each
covenant, warrant, represent and agree that, with the exception of
obligations set forth in this Agreement, neither of them shall
8
hereafter incur any liability whatsoever for which the estate of
the other may be liable.
Each party shall indemnify and hold
harmless the other party for and against any and all debts,
charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement.
11. Jlarita.l Residence and ot:he.r Raa.l Property: The
parties own, as tenants by the entireties, real property located
at
504
Francis
Drive,
Mechanicsburg,
Cumberland
County,
pennsyl vania. YAZMIN and GLEN agree that GLEN shall become the
sole and exclusive owner of the marital residence.
The parties acknowledge that YAZMIN shall be leaving the
marital residence and closing on her new home on January 12, 2007.
Until January 11 2007, YAZMIN and GLEN agree to continue to pay
the household expenses, including the mortgage and the Home Equity
Line of Credit, through their joint M&T Bank checking account.
Beginning January 12, 2007, GLEN agrees to be solely and
exclusively responsible for the mortgage, Home Equity Line of
Credit, taxes, insurance and all other expenses associated with
the marital home.
YAZMIN and GLEN agree that GLEN will refinance, or otherwise
remove YAZMIN's name from, the current mortgage and Home Equity
Line of Credit. At that time, GLEN shall pay YAZMIN her share of
the equity in the marital residence. The distribution of the
9
equity shall be as follows: The parties agree that the value of
the marital residence is $325,000.00. The mortgage balance of
$141,918.00 and $41,674.00 of the Home Equity Line of Credit shall
be deducted from the value of the marital residence. GLEN and
YAZMIN agree that GLEN shall pay $70,704.00 to YAZMIN as her share
of the equity at the time of refinancing. GLEN agrees that he
shall be solely and exclusively responsible for paying the
remaining balance on the Home Equity Line of Credit.
Upon request by GLEN, YAZMIN agrees to execute a Deed
transferring the marital residence to GLEN's individual name.
12. Perso~ Prqperty: YAZMIN and GLEN agree that they
shall divide all of their household personal property between
themselves. In the event they are unable to do so, the parties
agree to return to the Collaborative Law Process or participate in
mediation to resolve this matter.
YAZMIN and GLEN agree that this division of property is
mutually acceptable to them, and they both waive their rights to
have the personal property appraised. Neither party shall make any
claim to any such item of marital property, or of the separate
personal property of either party, except as provided for in this
Agreement. Should it become necessary, the parties each agree to
sign, upon request, any titles or documents necessary to give
10
effect to this paragraph.
13. Bank Accounts: The parties acknowledge that they have a
j oint checking account at M&T Bank. YAZMIN and GLEN agree that
they shall continue to pay the household expenses from this
account through January 11, 2007. Thereafter, the parties agree
that GLEN shall become the sole and exclusive owner of the balance
of the funds in this account. YAZMIN and GLEN agree to cooperate
in having YAZMIN's name removed from the account, or closing the
joint account, at GLEN's discretion.
YAZMIN and GLEN agree that there are no other j oint bank
accounts.
The parties agree that YAZMIN shall become the sole and
exclusive owner of any and all bank accounts in her individual
name, and that GLEN shall become the sole and exclusive owner of
any and all bank accounts in his individual name.
14. Investments and Pension/Retir8lD8Dt Benefits: The
parties acknowledge that both have investments/retirement benefits
as follows:
(a) Vanguard taxable investment in joint names with a
balance of $17,188.65 on January 2, 2007;
(b) Vanguard Roth IRA in GLEN's individual name with a
balance of $12,708.70 on January 2, 2007;
(c) Vanguard IRA in YAZMIN's individual name with a
balance of $58,198.64 on January 2, 2007;
11
(d) Zenith 401 (k) in GLEN's individual name with a
balance of $258,959.95 on January 2, 2007.
The parties agree that they shall equally divide these
retirement accounts. YAZMIN agrees that GLEN shall retain her
$12,000.00 contribution in his 401(k) for Zosh's last two years of
college expenses from her share of the retirement benefits as per
paragraph number 15 below.
YAZMIN shall receive her Vanguard IRA in the amount of
$58,198.64; the Vanguard taxable investment in the amount of
$17,188.65; and $86,141.00 from GLEN's 401(k) balance on January
2, 2007.
GLEN shall receive his Roth IRA in the amount of $12,708.70;
and $160,818.95 from his 401(k) balance on January 2, 2007 and any
and all increases thereafter. In addition, GLEN shall retain
$12,000.00 in his 401(k) for YAZMIN's share of college expenses
for Zosh.
In the event that Zosh does not attend both of his last two
years of college, or GLEN does not pay his share of Zosh's college
expenses, GLEN agrees to reimburse YAZMIN her share of the money
that is not used for college expenses.
Both parties agree to execute a Qualified Domestic Relations
Order and any and all other documents necessary to effectuate the
terms of this Agreement.
15. College Expenses:
YAZMIN and GLEN agree that they
12
shall each contribute $6,000.00 per year towards Zosh's college
expenses for his Junior and Senior years. From YAZMIN's half of
the retirement benefits, as per paragraph number 14 above, GLEN
shall retain $12,000.00 as YAZMIN's share for Zosh's last two
years of college. In the event Zosh does not attend both of his
last two years of college, or GLEN does not pay his share of
Zosh's education, GLEN agrees to reimburse YAZMIN her share of the
money that is not used for college expenses.
16. ~tor Vebic~es: The parties agree that YAZMIN shall have
sole and exclusive ownership and possession of the 1997 Honda
Civic EX Coupe in GLEN's name, and the 2002 Chevrolet Suburban
1500 Sport Utility Vehicle currently in joint names. GLEN agrees
to transfer title of the Honda to YAZMIN within five (5) days of
the execution of this Agreement.
The parties acknowledge that there is currently a loan on the
Suburban in joint names. GLEN and YAZMIN agree to continue to use
their j oint checking account at M&T Bank to make the payments
through January of 2007. The parties agree to each pay one-half
(1/2) of the last payment in February of 2007. Upon request and
after the loan is paid in full, GLEN agrees to transfer title of
the Suburban to YAZMIN's individual name.
The parties agree that GLEN shall have sole and exclusive
13
ownership and possession of the 2003 Nissan Maxima SE Sedan and
the 1999 Suzuki motorcycle, both in GLEN's individual name.
The parties acknowledge that there is currently a loan on the
Nissan in GLEN's individual name. GLEN and YAZMIN agree to
continue to use their joint checking account at M&T Bank to make
the payments through January of 2007. GLEN agrees to be solely and
exclusively responsible for the balance of the loan as of February
of 2007, and he further agrees to indemnify YAZMIN and hold her
harmless from any and all liability for same.
17. After Acquired Perso~ Property: Each of the parties
shall hereafter own and enjoy, independently of any claims or
right of the other, all items of personal property, tangible or
intangible, 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.
18 . App~icabi~i ty of Tax Law to Property Transfers: The
parties hereby agree and express their intent that any transfers
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984 (herein the
"Act"), specifically, the provisions of said Act pertaining to
transfers of property between spouses or former spouses. The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
14
Act applicable to the transfers set forth in this Agreement,
without recognition of gain on such transfer and subject to the
carry-over basis provisions of said Act.
19. 2006 Income Tax Retur.Ds: YAZMIN and GLEN agree that
they shall equally divide the net refund from their 2006 State and
Federal Income Tax Returns. GLEN agrees to be solely responsible
for any net liability for these tax returns.
20. Waiver of $POus~ ~rt, ~imony Pendente Lite:
YAZMIN and GLEN waive any rights they may have to spousal support,
maintenance and alimony pendente lite except as set forth in
paragraphs 22 of this Agreement.
21. Leg~ 'ees: The parties agree that GLEN shall pay one-
half (1/2) of YAZMIN's outstanding legal fees. YAZMIN agrees to be
responsible for her remaining legal fees, and GLEN agrees to be
responsible for his legal fees.
22. ~imony: The parties agree that GLEN shall pay to
YAZMIN the sum of one thousand two hundred dollars ($1,200.00) per
month in alimony for fifteen (15) years unless or until alimony is
terminated as per the terms of this Agreement.
GLEN agrees to pay six hundred dollars ($600.00) to YAZMIN on
the 15tb of the month and on the last day of the month with the
first payment to be made on January 15, 2007 and the last payment
to be made on December 31, 2021 unless terminated prior to this
15
date as set forth herein. GLEN agrees to have his alimony payments
directly deposited into YAZMIN's bank account.
Alimony shall completely terminate upon the first of the
following conditions: the death of either party; YAZMIN's
cohabitation, to be defined as residing with a person with whom
she has a romantic relationship; YAZMIN's remarriage; December 31,
2021.
GLEN agrees to maintain a one hundred fifty thousand dollar
($150,000.00) life insurance policy with YAZMIN as beneficiary
during the time YAZMIN remains eligible for alimony. Upon request,
GLEN agrees to provide documentation of this continued coverage to
YAZMIN.
Alimony shall be includible as income to YAZMIN and
deductible to GLEN on their tax returns.
Except as indicated below, alimony shall be nonmodifiable. In
the event GLEN becomes disabled, the amount of alimony shall be
reduced proportionate to the reduction in income during the time
of disability. In the event GLEN has an involuntary reduction in
income or involuntary loss of employment, the amount of alimony
shall be reduced proportionate to the reduction in income provided
that GLEN's income, including severance pay and Unemployment
Compensation, is less than ninety thousand dollars ($ 90,000.00)
per year. GLEN agrees to provide documentation of his reduced
income to YAZMIN upon request.
16
23. Chi~d Sqpport: GLEN agrees to pay one thousand one
hundred dollars ($1,100.00) per month in child support for Zoe.
Beginning January 15, 2007, GLEN agrees to pay to YAZMIN the
sum of five hundred fifty dollars ($550.00) in child support for
Zoe on the 15tb of the month and on the last day of the month
until Zoe reaches the age of eighteen (18) years and graduates
from high school, whichever shall last occur. GLEN agrees to have
his child support payments directly deposited into YAZMIN's bank
account.
24. ~cal Insurance: GLEN agrees that he shall continue
to provide medical insurance for Zosh and Zoe for so long as he is
able to do so by law and it is available to him at a reasonable
cost through his employer.
25. Income Tax .z,r-~tioDS: The parties agree that while
both children are eligible to be claimed as dependents on income
tax returns, YAZMIN shall claim Zoe and GLEN shall claim Zosh.
When only one of the children is able to be claimed as a
dependent, the parties shall alternate the exemption each year,
wi th YAZMIN claiming that child in even numbered tax years and
GLEN claiming that child in odd numbered tax years.
26. .ra.I.1 Disdosure: YAZMIN and GLEN each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever and
17
assigns.
32. Integration:
This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them.
There are no
representations or warranties other than those expressly set forth
herein.
33. Other DoCUlMDtation:
YAZMIN and GLEN covenant and
agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or
such other writings as may be necessary or desirable for the
proper effectuation of this Agreement.
34 . No Wai ver on Defaul t :
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 default
or breach of any provisions hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any
other obligations herein.
35 . S.verabi~i ty:
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,
20
22
(')
:-
( )
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Y AZMIN E. KUBALL,
Plaintiff
: No. 06-6926 Civil Term
v.
.
.
: IN DIVORCE
GLEN S. KUBALL,
Defendant
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 Section 3~01( d) of the
Divorce Code.
2. Date and Manner of service of the Complaint: Personally served upon MatyaIUl
MU11>hy. Esquire. counsel for Defendant. on December 1. 2006. Acceptance of Service
signeq. by Mcuyann Mm:phy. Esquire and filed on December 1. 2006.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(C) of the
Divorce Code: by Plaintiff, NI A: by Defendant, N I A
(b )(1) Date of execution of the Plaintiffs Affidavit required by Section 3301( d) of the
Divorce Code: November 30, 2006.
(2) Date of filing and service of the Plaintiffs Affidavit upon Defendant: Filed on
December 5. 2006: Acceptance of Service <Jated December 6, 2006 signed by Mmyann
Mm:phy. Esquire. counsel for Defendant.
4. Related claims pending: All claims have been resolved by the Marital
a--
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Settlement Agreement dated January 4. 2007.
5. Complete either paragraph (a) or (b).
(a) Date of execution of Plaintiffs and Defendant's Waivers of Notice under
Section 3301(d) of the Divorce Code: January ~ 2007.
(b) Date Plaintiffs Waiver of Notice in Section 3301(C) Divorce was filed with
the Prothonotary: N I A.
Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: N I A.
t:LA-~
Dawn S. Sunday, Esquire
39 West Main Street
Mechanicsburg, PA 17055
(717) 766-9622
I.D. #41954
Attorney for Plaintiff
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Yt PENNSYLVANIA
CIVILACfiON - LAW
YAZMIN E.. KUBALL,
Plaintiff
.
.
.
.
: No. 06-6926 Civil Term
v.
.
.
: IN DIVOR.CE
GLEN S. KUBALL,
Defendant
STIPUlATION FOR. ENTRY OF CUSTODY ORDER.
YAZMIN E. KUBALL (hereinafter referred to as "MOTHER"), and
GLEN S. KUBALL (hereinafter referred to as "FATHER"), having used the
Collaborative Law Process to amicably settle and resolve the matter of custody
with respect to their daughter, ZOE DANlELLE KUBALL, born January 8,
1993, hereby stipulate and agree to the entry of an Order of Court awarding
custody of ZOE as follows:
1. The parents agree to share legal custody of Zoe. The parents agree
that major decisions concerning their daughter, including, but not necessarily
limited to, her health, welfare, education, religious training and upbringing shall
be made by them jointly, after discussion and consultation with each other, with a
view toward obtaining and following an harmonious policy in their daughter's
best interest.
Each parent agrees not to impair the other parent's rights to shared legal
custody of Zoe.
Each parent agrees not to attempt to alienate the affections of Zoe from the
other parent.
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13. The parents agree that this Stipulation shall be submitted to the Court
of Common Pleas of Cumberland County, Pennsylvania, for approval and for
entry of an Order awarding custody as set forth herein.
14. The parents hereby request that this Honorable Court enter such an
Order which shall replace and supercede any and all prior Orders and shall
remain in full force and effect pending further Order of Court.
IN WITNESS WHEREOF, the parties have executed this Stipulation for
Entry of a Custody Order on the date indicated below.
r!al~ r"7
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Dawn S. Sunday, Esq. ~J
II);?
Date
I~
~11
E.. KUBALL
,
'~
GLEN S. KUBALL
--...-........ ~"..~..
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y
JAN 08 2007f
"
Maryann Murphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVILACfION - LAW
YAZMIN E. KUBALL,
Plaintiff
.
.
.
.
: No. 06-6926 Civil Term
v.
: IN DIVOR.CE
GLEN S. KUBALL,
Defendant
.
.
ORDER. OF COURT
AND NOW, this ~ day of l' 'h
. 2007, upon
consideration of the attached Stipulation for Entry of Custody Order entered into
by the parents participating in the Collaborative Law Process, IT IS HEREBY
ORDERED AND DECREED that custody of WE DANlRl.l.~ KUBALL,
born January 8, 1993, shall be as follows:
1. The parents shall share legal custody of Zoe. Major decisions
concerning their daughter, including, but not necessarily limited to, her health,
welfare, education, religious training and upbringing shall be made by the
parents jointly, after discussion and consultation with each other, with a view
toward obtaining and following an hannonious policy in their daughter's best
interest.
Neither parent shall impair the other parent's rights to shared legal custody of
.. .'
~. .'
~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~ ~~~~
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
PENNA.
STATE OF
YAZMIN KUBALL,
Plaintiff
No. 06-6926 Civil Term
VERSUS
GLEN KUBALL,
Defendant
DECREE IN
DIVORCE
.-
o
2007
AND NOW,
J'z.n
IT IS ORDERED AND
YAZMIN KUBALL
, PLAI NTI FF,
DECREED THAT
GLEN KUBALL
, DEFEN DANT,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN I~AISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marital Settlement Agreement, dated January 4, 2007, is
hereby incorporated, but not merged, into the Divorce Decree.
By THE V.......
ATT
PROTHONOTARY
J.
~vI rt ~">ft1/ ;>1<';.( (:1 (..I I
G>f'f ~t;; ~ Vi -,',,'1/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNIY, PENNSYLVANIA
CIVILACflON - LAW
YAZMIN E. KUBALL,
Plaintiff
.
.
: No. 06-6926 Civil Term
v.
.
.
: IN DIVORCE
GLEN S. KUBALL,
Defendant
.
.
.
.
QUALIFIED DOMFSfIC RELATIONS ORDER
AND NOW, this _ day of
. 2007, upon the representations and
stipulations of Plaintiff and Defendant in the above-captioned matter, it is ordered and
decreed. as follows:
1. This Order creates and recognizes the existence of an Alternate Payee's right to
receive a portion of the Participant's Total Account Balance accumulated under an employer
sponsored 401(k) Plan which is qualified under Section 501 of the Internal Revenue Code
(the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is
intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section
414(P) of the Code and Section 206( d)(3) of ERISA
2. The name, address, birth date and Social Security number of the "Participant" are:
Participant:
Birth Date:
Social Security Number:
Address:
Glen S. Kuball
03/27/1957
530-50-1474
504 Francis Drive
Mechanicsburg, PA 17050
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MAR 14 2007/Vi
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YAZMIN E. KUBALL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 06-6926 CIVIL TERM
GLEN S. KUBALL,
Defendant IN DIVORCE
MOTION TO REDACT DOCUMENTS
Petitioner, Yazmin E. Kuball, by her attorney, Dawn S. Sunday Esquire, files this Motion to'
Redact Documents and in support thereof sets forth the following:
1. Petitioner is Yazmin Kuball, who was the Plaintiff in the above-captioned divorce action.
2. Respondent is Glen Kuball, who was the Defendant in the above-captioned divorce action.
Respondent was represented by Maryann Murphy, Esquire in the divorce proceedings.
3. The parties participated in the Collaborative Family Law process and resolved all divorce
and custody issues by agreement, resulting in the entry of the following Orders by Stipulation:
Divorce Decree entered by Judge Oler on January 5, 2007, Stipulation and Custody Order entered by
Judge Oler on January 9, 2007 and a Qualified Domestic Relations Order for a Zenith 401(k) Plan
entered by Judge Oler on March 23, 2007. In addition,the parties entered into a Marital Settlement
Agreement dated January 4, 2007, which was incorporated into the Divorce Decree.
4. Petitioner believes that it is necessary to have the following documents redacted from the
court record, to which the public has access, in their entirety, to preserve the privacy of the parties
and their Child and reduce exposure to the risk of identity theft:
Qualified Domestic Relations Order for Zenith 40 1(k)Plan dated March 23, 2007
Stipulation and Custody Order dated January 9, 2007
Marital Settlement Agreement dated January 4, 2007.
5. The parties have entered into a Stipulation, which is attached hereto as Exhibit A,
reflecting their agreement to the relief requested in this Motion.
WHEREFORE, Petitioner requests that the Court redact the Qualified Domestic Relations
Order, Stipulation and Custody Order and Marital Settlement Agreement previously entered or
incorporated by this Court in the parties' 2006 divorce proceedings.
Respectfully submitted,
Dawn S. Sunday Esquire
I.D. No. 41954
39 West Main Street, Suite 1
Mechanicsburg PA 17055
(717) 766-9622
I, verify that the statements made in the foregoing Motion to Redact Documents 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.
Dawn S. Sunday
Date: AL)c�cLa¢ 1 v/�
YAZMIN E. KUBALL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 06-6926 CIVIL TERM
GLEN S. KUBALL,
Defendant IN DIVORCE
STIPULATION FOR ENTRY OF ORDER TO REDACT DOCUMENTS
The parties hereto, Yazmin E. Kuball and Glen S. Kuball stipulate as follows:
1. The parties agree that Yazmin E. Kuball will file a Motion to Redact Documents to have
the following Orders/Stipulations redacted from the Court record to which the public has access:
Qualified Domestic Relations Order for Zenith 401(k)Plan dated March 23, 2007
Stipulation and Custody Order dated January 9, 2007
Marital Settlement Agreement dated January 4, 2007
2. Both parties agree to entry of an Order granting the reli quested in the Motion to
Redact Documents.
Witness: t
f ^
V Al � r
Maryann Mdrphy Glen S. Kuball
�6
Dawn S. Sunday Yazmi
C
%tN1
YAZMIN E. KUBALL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06-6926 CIVIL TERM
GLEN S. KUBALL,
Defendant IN DIVORCE
=Stipe T
AND NOW, this_ day of 2013, upon consideration of Petitioner's
Motion to Redact Documents and upon parties, it is Ordered and Directed as
follows:
The following Orders or incorporated documents entered in the above-captioned divorce
proceedings shall be redacted in their entirety from the Court record to which the public has access:
Qualified Domestic Relations Order for Zenith 401(k) dated March 23, 2007;
Custody Order and Stipulation entered on January 9, 2007; and
Marital Settlement Agreement dated January 4, 2007 and incorporated into the Divorce
Decree dated January 5, 2007.
BY THE C URT:
Thomas k ktbey
Common PI®as Judge
cc: " awn S. Sunday Esquire—Counsel for Yazmin Kuball
✓Maryann Murphy Esquire—Counsel for Glen Kuball
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