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Home My WebLink About94-03281 1 ~j' ._or :. -:lcc;i. rJ 1 x. .>J ~}, 'L ,;,> -;J J c j ~ ) ( : ~ I j . ---~~~-----~~-~*_.~_._.~------~ 8 .-----"-',,-..----------'" " ..-- .,.. --- - -- -- ..--~-'----.-'-~. . . :i IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY * 8 · : STATE OF ~I PENNA. : . . . . . Loilt ^. Kuntz/ . ...' l"ll. 94-n~1 ctvUTerm ... .. Plaintiff Il' . \'.'I'__'1S . . steven E. Kuntz/ · . Defendant · * . ; ! 8 ' ~ DECREE IN : . . *1 D I V 0 R C E . : AND NOW. {)JrA J 0 .. 19 '.6 .. " I. ordered ond i . decreed that _. ~9iB ^.Kl!~ltz . _ _ . . . . , , , , . . . , , , . , . , , , . plaintiff, ... "d steven E. Kuntz def d t " " an. . . _ , . _ _ .."". . , , . . . , , , , , . en an , . * are divorced from the bonds of matrimony. . . . . Tho court retains jurisdiction of the following claims which have * . been raised of record in this aellon for which a final order has not yet " 8 been entered; " . \'lDll~, . , - . , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , . , , , , , , , . 1* . : . .......".."",j."./""".,.""..", l~ ~ \ ....J. !: : II. (, \Jy: , // Ii . ^"":' :d",,-,.:.~.Jdth, /..~.,":;y J : . '1.;,;</1.. A' ,~N ~Z II,' Iii v-I l'nolhulIlIllI'Y ;'1 *:. .. _. .' .. :~ ..'~..'~,~,.~,.~.*,~,~.~,.~..~..~.~..~. ~ .:.:. .:.:. .:.; .:.:. .:.:. .:.:. .:.:. /~ (.:=..> ~ " . ... M .:.t '-2 ,- . ...... '" ..=1 ~\) I ~ ~: .- ,.). ('') ., ,.:v 0 '" IJ I . ~ \r)' -. ". .jl! ..... ,:" ,... i,_. . ' ~ ~ 'l N ....., . , : .1 -, :. ;) 1,,, v fA I) <:l IJ<;:, 0 ...... ""l , C) ........ <'Y\ ~ 13- _ (3- ~ (>0 o - ~ - i. ll, ,~ 1- r;;;)'~ ~ ~ ~!~m o ii3~E ~ ~' ~ ~ 0 !!i :!l ~ e ~ CIJ , I . ,'J ....'. i , , !IIi ~J , , " I I , , ) \. ," , l ; !~l I' LL " .J .. SAIIlIS, (WIIlO, SIIU...... " MASUNIl 26 W.IIJlh Slml Carll&le,l'A . , LOIS A. KUNTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 94-3281 Civil Term v. STEVEN E. KUNTZ, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTEN'I'lON TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF TilE DIVORCE CODE 1. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on June 17, 1994. 2, Defendant acknowledges receipt and accepts servics of the Complaint on December 9, 1994. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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 iA granted. 6. 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. 7. I have been advised of the availability of marriage counselling and understand that I may request that the court require counselling. I do not request that the court require counselling. I verify that the statemcnts made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa. C,S. Section 4904 relating to unoworn faloification to authorities. DATED 1..1::..l::{ - ~~ ~U~ t ~, -:f)n Steven E, Kun z, endant BAllllli. llIJIUlI, slIIln' A MAlil.ANU 1I.W lli,li hilI'''' nulll.ll'.I'A . , LOIS A. KUNTZ, I IN TilE COURT OF COMMON rL~:AS plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I 94-3281 civil Term I STEVEN E, KUNTZ, I Defendant 1 IN DIVORCE PRAICIPE TO TilE PROTHONOTARY I Please withdraw Counts 111 and IV of Plaintiff's Complaint. Datel (o/~{'i~ Respectfully submitted, SAIDIS~FF' HAS LAN 0 BYI Edwerd E. Guido, EBquire supreme Ct. 1.0. * 21206 26 West High street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIIlIS. 1l1l1ll0. Sllll.... A MASI.ANII u,W lIi.h""l't'l l'iulhlr,I'A . , $18,000.00. A copy of the March 31, 1994 statement therefore is attached hereto as Exhibit "A". 7. In addition, as a result of said employment, Respondent acquired certain rights in a Teamster Pellsion Plan. 8. Respondent's employmellt with Carolilla Freight Carriers Corporation has beell, or will SOOIl be, terminated, thereby making him eligible to withdraw amounts frolll both the ESOP and pension plans. 9. BecauBe of the highly liquid lIature of those assets, Petitioner desires this Court to prevent the disposition of those assets prior to the elltry of a decree in equitable distribution. 10. Respondent has exclusive control of numerous joint credit cards. 11. Petitioner fears that Respondent will incur extensive obligations in cOllllection therewith for which Petitioner will be jointly liable. 12. Petitioner does not have in her possession or control sufficient marital property to allow her to recover her equitable share if Respondent were to dispose of said assets. WHEREFORE, Petitioner prays this Honorable Court to enter an Orderl (a) Prohibiting Respondent frolll withdrawing any sums from his ESOP or pellsion plans without a specific Order of this Court. (b) Prohibiting Respondent from charging any further sums on joint credit card accounts. 2 EahlWt A . . . 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I I-lVJ ,.:r.~ QJ II P ~ - E-<Il'- '" ~ IH I' Il' " W~ VJ.... . QI 0 0-< r: . Il'~Z IIJO I OJZ .j ... P III Hll. :> II I<. N... r.; l o 'p. 0 III II M ..: ~ tJu I-l E-< II Z , S 0 VJ II H <r WI<. I' E-< '" ,. ~o II H E~ " III Z II P. ... II . . '. fl' t . . . 1015 A, KIlNTl. Plaintiff ] N TliF COllin OF COMMON PLEAS OF CIlMBFRLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW V, STEVEN E, KUNTZ. Defendont 9/H281 CIVIl TERM ORDER OF COURT AND NOW. this 8th tioy of AlHJl/!it. 1995. this matter having been called on 0 petition of defendont for special relief. the folloWing order Is entered: 1. Pending further ortter of court. steven E, Kuntz is granted exclustve J)()sspsslon of till' mllrltol f'[!sidence ot 347 C Street. Corlisle. and Lois A, Kuntz is excluded from entering thot residence, 2, The 1001'1 tol 1991 Jovelln hoot sholl be stored ot the marital residence, Upon three days notice to husbond. wife may use the boat. in which case she shnl1 olways return the boot to the marital residence fol]owlng such use, 3, The boat Shllll not he 50]11 or otherwise disposed of pending further order of court. Ry the Court. ! Johnno J. Deily. EsquIre For P]oilltiff Mlchrllll A, Scherer, EsqUire I' or IIpt I'IHIlln! I EdO~Lr J. c:+... '" fl>'-~..J..L '8 It., I? S" .&r. : Of S ~ l/') F; - ~:,) .. t. r-J I"~.:r -. f~) ..~- .,.IJ "'.. ~) :1- f. L... .. "'. l'~;;j .-" r-, ," ';~r;) , N QI" j:':-' -. f:",-;; . . I .1rli I ~ .' ". -; ! J{L U IJ) 'j W, U r.LEO-Oi:nCE (.. -, ". ..r.... '''\'')TI''Y 'j" I . 'I",' :..,'..,I/;J\ % JI.~! 2~ MI 9129 CUlrr I' '.) l''''''TV 1I1!:j:J I J." 'v~.'I,1 Pr-:/,i""(,\',Pl""l' (..I \1\'4 ~.. ~ 1:4\ , I Vs. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 3281 CIVIL LOIS A. I<UNTZl Plaint ff STEVEN E. KUNTZ, Defendant IN DIVORCE TilE MASTER: Today is Tuesday, September 24, 1996. Thi. i. a date set for a Master's hearing. Present in the hearing room are the Plaintiff, Lois A. Kuntz and her counsel Edward E, Guido, and the Defendant, Steven E. Kuntz and his counsel Michael A. Scherer. A divorce complaint was filed on June 17, 1994, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The Master has been advised that the parti.s will sign affidavits of consent and the waiver of notice of intention to request entry of a divorce decree which will be filed this date so that the divorce can be concluded under Seotion 3301(0) of the Domestic Relations Code. The divorce complaint also raised the economic olaim. of equitable distribution and counsel fees and expenses. 1~e parties were married on February 16, 1979, and .eparated on March 10, 1994, 1~ey are the parents of three minor children. 'J'he Master has been advised that after negotiations the parties have reached an agreement with respect to the eoonomio claim of equitable distributionl the Master is advised , " that the claim for counsel fees and expenses raised by wife is going to be withdrawn. We are going to place on the record the agreement of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties and will not be subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later this morning to review the draft of the agreement to see if there are any corrections that need to be made with respect to typographical errors; after the agreement has been reviewed we will have the parties and counsel affix their signatures by way of affirmation of the terms of the agreement which is being placed on the record at this time. After the agreement has been reviewed and signed, the Master will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe to transmit the record requesting a final decree in divorce. It is also noted that counsel are going to prepare a Qualified Domestic Relations Order which will be reviewed by the plan administrator of husband's pension and that the Qualified Domestic Relations Order can be submitted to the Court subsequent to the Master's removal from this case and after the entry of a divorce decree. That order will be submitted after it has been reviewed for the Court's signature as part of the , . , , terme of the agreement in these proceedings. Mr. Guido. MR. GUIDOI 1. Husband shall make available to wife the triple dresser with mirror, the upright dresser, and the night stand in the master bedroom within ten (10) days of today's date. Wife shall make available to husband, if she can find them, a rain suit and life jacket within the same time period. Except as provided above, each party will receive and is entitled to full and exclusive ownership and possession of all other personal property currently in his or her possession. 2. Husband shall be entitled to the 1990 Blazer currently in his possession. Wife shall be entitled to the 1992 pontiac currently in her possession, Wife shall assume full responsibility for any encumbrance on the Pontiac currently owed to Dauphin Deposit Bank and Trust Company and shall hold husband harmless and indemnify him from any loss in connection therewith. Each party shall cooperate in having the other vehicle properly titled in the other party's name with the Pennsylvania Department of Transportation. 3. Husband shall be entitled to the 1991 Javelin boat and trailer and shall assume full responsibility for the encumbrance thereon with John Deere Credit corporation. Husband shall indemnify wife and hold her harmless from any loss in connection with said obligation. Wife will cooperate with husband to have the trailer properly registered in his name with the pennsylvania Department of Transportation. 4. Husband shall assume full responsibility for the following marital debtsl MBNA Visa The Bon-Ton , , DAFCU visa (Members First) Corestates Visa The approximate balance on leparation was $7,057.00. and hold her harmless from the aforesaid debts. 6. Within thirty (30) days of the signing of this agreement wife shall deliver to husband a special warranty deed for the marital residence at 347 C street, carlisle, Pennsylvania. Husband shall assume full responsibility for and shall indemnify and hold wife harmless from any loss in connection with the mortgage on said premises to First Federal savings and Loan Association, now Harris savings Association in the approximate amount of $28,335.67. Husband shall faithfully perform all obligations and make all monthly payments due in connection with said debt. these accounts at the time of Husband shall indemnify wife any loss in connection with 6. Husband shall pay to wife the sum of $34,000.00 within ninety (90) days of husband's remarriage, upon sale of the premises at 347 C street, carlisle, Pennsylvania, upon husband's vacation of said premises at 347 C street, Carlisle, Pennsylvania, or on October 1, 1999, whichever first occurs. said debt shall be secured by a second mortgage on said premises in SUbstantially the form as attached hereto as Exhibit A. Said debt shall accrue simple interest on the unpaid principal balance at the rate of 7,26' per annum from today'e date until paid in full. 7. Wife waives any right, title, and interest she has in husband's Contractual Employees Investment Plan with ABF Freight Systems Inc. The current value of said plan is approximately $20,000.00. Husband may withdraw all or a portion of said plan and may role it over into a separate 401(k) at his discretion. The parties acknowledge and agree that several petitions for special relief were brought during these proceedings, The parties agree that the order entered pursuant to this agreement will replace all prior orders entered previously in this matter. 8. The parties will submit a Qualified Domestic Relations Order to the Court for signature in connection with hUsband's pension benefits with the Central Pennsylvania Teamsters Retirement Plan. The formula will have a numerator of 181 months and a denominator of "husband's total months of qualified service", Wife shall be entitled to 50\ of the marital portion of any benefits payable to husband under said plan, inoluding death benefits. 9. Eaoh party shall be fully responsible for his or her own counsel fees and coets in connection with this proceeding and wife waives her claim for counsel fees and oosts in this action. 10. Each party will cooperate and will sign any other documentation necessary to give effect to the terms of this agreement. 11. Exoept as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the preeent 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, statutory allowance, widow's allowance righc of intestacy, right to take against the Will of the other, and right to act as administrator or executor in the other's estats, Each will at the request of the other execute, acknowledge, and deliver any and all instruments whioh may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such intereets, rights, and claims. HR, SCHERER 1 steve, have you been present this morning during Hr. Guido's recitation of the agreement? HR. KUNTZ: Yes, HR. SCIIERERI And do you have any questions about the agreement? HR. KUNTZ, No. HR. BCIIERERI Do you understand what'. been said this morning? MR. KUNTZ I Yee. MR. SCHERER I And is it your desire to enter into this agreement? MR. KUNTZ: Yes. MR. GUIDO: Ms. Kuntz, you've heard the agreement that I just dictated to the court reporter? MB. RUNTZ: MR. GUIDO: dictated? MB. KUNTZ: MR. GUIDO: agreement as dictated? MS. RUNTZ: Yes. Do you agree with the terms a8 Yes, And is it your desire to enter into the Yes, I acknowledge that I haVe read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular section 3105 of the Domestic Relations Code. WITNESBr \,,--- f . ._ ..'/"lc.. ~. ". .oJ-' .:;.. " Edward~ E. Guido Attorney for Plaintiff ~S:;~ M ae A. cherer Attorney for Defendant DATE: '7/> 'I/<' ,: .: ,II( (1 , Lbls A. , /1. /,,( I.f T7 Kuntz l) 'l/z\( ('IG ~hiU'" t I~~_~ Seven E. Run Z t- . , I:"I~; 6,1- A MORTGAGE THIS MORTGAGE ("securl ty Inotrument") 10 gl ven on. 19 . Tho Mortgagor Is Steven E. Iluntl ("Sorrower"), Thlo Oecur! ty-jl,iifi:,imenll"-i1lViin to Lola A, I(unt., and whone addreon 10 108 Mulo Drive, Carlisle, pennsylvania ("I.onder"), Bonower owes Lender the Principal Rum of Thirty-four Thouland and 00/100.........................'... Dollan (U,S, $34,000,00). Thla debt Is evidenced by a "Dlvot'ce Agreement" ("Note"). which provides for the full debt, It not paid earlier, due and payable on october I, 1999 or upon the happening of cartaln events lIB set forth therein , Thin Securlt.y InRt.rument secureR to Lender. (II) t.he repayment. of t.he deht evidenced by the Note, with Interest, and (h) the performance of Borrower' 0 coveuants and agreements under this Security Insuument and the Note, For this purpoRe, Borrower does hereby mortgage, grant and convey to Lender the property located In the Borough of Carlisle, Cumberland County, I'ennoylvanla os described In the legal description of which Is attached hereto, mode 0 port hereof and morked Exhibit "A". which has the nddress of 347 C Street, Carlisle, rennlylvania 17013 TOGETHER WITH all the Improvements now or hHesfter Hected on the property, and all oaeements, oppurtenances, and fixtures now or hereafter a part of the property, All replacements and addltlono oholl also he covered by thlo Securll:y Instrument, All of t.he forsgolng 10 referred t.o in thlo Security Inotrument as t.he "Property", BORROWER COVENANTS that Borrower 10 lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey t.he Property and that t.he Property 10 unencumbered, except for encumbrances of record, Borrower warrants and will del end generall y the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non.unl[orm covenanto with limited varlatlono by jurlodlctlon to conotltute a unl[orm oecurlty Instrument covering real property, UNIFORM COVENANTS. Borrower and LendH covenant and agree 00 follows: 1. raymsnt of principal and Interest. BOl-rower shall prompt 1 y pay when due the principal of and Interest on the debt evidenced by the Note, 2, Application of rayments. All payments received by Lender shall be applied first to Interest due and the balance to principal due, 3. Charges, Liens. Borrower shall pay all taxeo, aoseooments, chargeo, fines and Impooltlono attributable to the Property which may attain priority over thlo Security Instrument, snd leasehold payment 0 or ground rento, if any, Borrower ohall faithfully perform all obligations under a certain Note and Mortgage to Firat Federal (now Ilarrlo Savings Bank) Savingo Assoc, 4. Huard or Property Insuranca. Sorrower shall keep the Improvements now exlating or hereafter erected on the Property inoured against loso hy fire, hazardo included within the term "extended coverage" and any other hazardo, including floodo or flooding, for which Lender requireo Insurance, This InourDnce ohall be maintained In the amounts and for the periods that Lender requireo, The Inourance carrier providing the inourance shall be choaen by Sorrower oubject to Lender's approval which ohall not be unreasonably withheld. If Borrower falls to maintain coverage deocribed above, Lender may, at Lender' 0 option, obtain coverage to protect Lender's righto in the Property In accordance with paragraph 7, All insurance policieo and renewals ohall be acceptable to Lender and ohall Include a standard mortgage clause, I,ender ohall have the right to hold the policies and renewal 0 , If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loos, Borrower ohall give prompt notice to the Inourance carrier nnd Lender. Lender may make proof of loso if not made promptly by Borrower. Unleos Lender and Borrower otherwioe agree in writing, inaurance proceeds ohall be applied to reotoratlon or repair of the Property damaged, If the reotoration or repair ia economically feasible and Lender's oecur1ty io not leoocned. If the restoration or repair Ie not economically feasible or Lender's security would be lessened, the inourance proceedo shall be applied to the oums oecured by thlo Security Instrument. whether or not then due. with any exceoo paid to Sorrowet'. If Borrower abandon 0 the Property, or does not answer within 30 dayo a notice fl'om Lender that the Insurance carrier has offered to oettle a claim. then Lender may collect the insurance proceeds. Lender may lIoe the proceeds to repai r or restore the Property or to psy sums oecured by thlo Security Inst.rument, whether or not then due, The 30-day period will begin when the notice io given, Unless I,endet' and Sorrower otherwise agree in writing, any application of proceed 0 to principal ohall not extend or !1Ostpone the nue date of the monthly payment s refelren to In paragraphs 1 and 2 ur change t Ie amount u[ the payment 0 , II' ullllel pal aglal'h 21 the I'ro(lClty Is acquired by I,ender. Bonower'o right to any InourDnce policies and proceeds l'esultlng from damage to the prol,erty prior tu the acquisition shall paso to I,ender to I.he ext.ent 01 the sums securer! by t lio Security Instrument. Immenlately prior t.o the acquloltlon. 5. occupancy, Preservation, Maintenance and Protection o[ the Property! Borrower's l~oan Applicf'tion, IJe3soholdo. Onrrower nh1111 occupy, putilhlinll. i1l1d uue lhe PJOpelty as nOlTower' 0 principal lenidence find nllal} ront iutle to occupy the Pn)IH~l ty as Borrower'R principal leoidence f(u- II leaat three (1) YPflrn after the dRIp of OCC\.IpillH:Y. BOr1ower shall lIot destroy, damilge 01. impili! the I'IO(lPlty, allow the PIOPPlty III deleliolate, or commit wilnle UIl lhe Pr(}IH~l'ly, Borrnwel "llil11 lJP in dp.(i\\I1t If ilny tOllpitUle i\l'lion Dr proceenin(J, whether civil or cl1mll1i\l, la hegun thitt in I,ellder/a gO(ut (a1th judgment could 18sult 1n forfeiture o[ the Property or othe.wioe materially Impair the lien createn by Ihln Sec\lrlly IIlHt lumen\. or Lender'n fWC1l1.1ty 11lt.fHAnt, Borrower may cute Hueh a default and l'einotate, iln ,.lll'Jld"II ill parl1tjtAph ln, hy L't1l1tJlng the llctton or proreedin~J to be d1aminfiell with a tUl1lHJ II"", ,n '~nrlp,.," '100,1 faith detel'mlnal.lon, precl\ldeo lorfelture of the Bonower's intereot 111 1111' l'I','I'I'II't' "1,,11111 Iklll'llill Imp,dlIHI'llt of the 11[>n crrated by thin Aecurlty Inotrument 01 L~llllel H (l(,!l'ulity 11l'('1l'11L nOIIUWI!1 IIhall alaohn illdellllilt 11 BOIIIJWI'l, <1\1111111 Ill,.. loan application proceas, gave materially faloe or Inaccurate Il1folll\ation 01' otalemento lu (,ender (or failed to (ltovlde Lender with allY material Information) In connection with the loan evidenced by the Note. Including, but not limited to, representatlona conce1'l1111g 1l00TOWRl"S occupAncy of the Properly AO a pllnclpal l'eoldence, If thlo Ilec\lrll.y . . . . . Instrument is on s leasehold, Borrower shall comply with all the provisions of the lesse. If Borrowel' acquires fee title to the property, the leasehold and the fee title shall not merge unless Lendel' agreea to the merger in wri t ng. 6. Protection of Lender' a Righte in the Property. If Borrower falla to perform the covenants and agreementn contained in thin Security Inat.'ument, or the.'e is a legal proceeding that may significantly affect Lender's rightn in the Property (such as a proceeding in banknlptcy, probate, for condemlation or forfeiture or to enforce laws or regulationsl, then Lender may do and I,ay for whatever is necessalY to protect the value of the Property and Lender's rights in t lD Property, Lender's /lctions may include paying any sums secured by a lien which han priority over thin Secul'ity Instrument, appearing in court, paying reasonable attorneyn' Cees and entering on the Propel'ty to make repairs. /llthough Lender may take action under thin paragraph 1, Lender does not have to do so, MY amounts disbursed by I,ender under thin Paragraph 1 shall become additional debt of Borrower secured by thin Security Instl'ument. Unless Borrower and Lender agree to other terms of payment, these amounts nhall bear inten,st from the date of disbursement at the Note rate and shall be payable. with interest, upon notice from (,ender to Borrower requesting payment, 7. Condemnation, The proceeds o[ any award or claim for damages, direct or connequential, in connection with any condemnation or other taking of any part of the Property, or [or conveyance in lieu 01 condemnation, ale herehy ansigned and nhall be paid to Lender, In the event oC a total taking o[ the hoperty, the proceeds shall be applied to the sums secured by thin Security Inntrument, whether or not then due, with any excess paid to Borrower. In the event o[ a partial taking of the Property in which the [air market value 0f the Property immediately he[ore the taking is equal to or greate.' than the amount o[ the aume eecured by this Security Instruml!nt immediately before the taking, unlese Borrower and Lender otherwiee agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceede multiplied by the following fraction. (a) the total amount oC the sume secund immediately before the taking, divided by (bl the fair market value of the Property immediately before the taking, /lny balance ehall be paid to Sorrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the emount of the sums secured immediately before the taking, unlees Sorrower and Lender otherwise agree in writing or unless applicable law othel'Wiee provides, tha proceede shall be applied to the sums secured by this security Instrument whether or not the sume are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offere to make an award or eettle a claim for damagee, Borrower fails to respond to Lender within 30 daye after the date the notice is given, Lender ie authorized to collect and apply the proceeds, at its option, either to restoration or repair oC ths Property or to the sums eecured by this Security Instrument, whether or not then due, Unlees Lender and Borrower otherwise agree in wri tIng, any application of proceeds to principal ehall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments, 8. Borrower Not Releaeed, Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sume secured by this security Instrument granted by Lender to any succeseor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower'e eucceseors in interest, Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums eecured by this Se~urity Instrument by reason of any demand made by the original Borrower or Sorrower's successors in intereet, My fOlbearance by Lender in exercising any right or remedy shall not be a waive.' of or preclude the exercise oC any right or remedy, 9, Succenora and Anigna Sound, Joint and Several Liability, Co-signera, The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigne of Lender and Borrower, eubject to the provisions of paragl'aph 11. Borrower's covenants and agreements ahaI! be joint and neveral. Any narrower who co-oigna thio Security Inotrument but docs not execute the Note: (a) is co-nigning Lhia Security lnalnunent only to mortgage, grant and convey that Sorrower's interest in the Property under the terme of thie Security instrument; lb) Is not personally obligated to pay the sums secured by thle Security Inetrument, and (c) agreee that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this security Inetl'ument or the Note without that Borrower's consent, 10, Loan Chargee. If the loan secured by this Security Inetrument is subject to a law which sets maximum loan charges, and that law is finally Interpreted so that the inte.'est or other loan charges collected or to be collected in cormection with the loan exceed the permitted limit., then. lal any such lo.n charge shall be reduced by the amount necessary to reduce the charge to the permitted limitl and (b) any sums already collected from Sorrower which exceeded permitted limits will be refunded to Borrower. I,ender may choose to make this refund by reducing the pl'incipal owed under the Note or by making a dil"ecL payment to notTOWeL If a refund reduces pt"inclpal, the reduction will be treated ae a partial prepayment without any I,,'epayment charge unde, the Note, 11. Noticn. /lny nolice to Bonower plOvlded for ill this security Inetru"'ent ehall be given hy delivel'ing it or by ma11ing it by first class mail unlese applicabls law requiree use of anothel' method, The notice shall be directed to the Property /lddress or any other addrese Bon-ower deeignateR by notice to I,ender, /lny notice to Lender shall be given by first claBR mat 1 to Lender' u address slated hen:!in 01" any other address Lender designates by notice to Oarrower. Any notice provided. fat in this Security Instrument oha11 be det~ll1ed to have been given to Bonower or Lender wben 'liven ae provider! In thin paragraph, 12. Governing Lawl Ssverability. Tbln Security Instnllneul shall be 'lovemed by federal law and tbe law of the ju,lodict1on In which the P1oIJe,ty In located. in tho ovent that any provision or clause of this Secul'ity inetrument or tIe Note conti icts with applicahle law, such conflict shall not affect other provloions of this Security InSl.1~\lment or the Note which can be given effect without the conflicting pl'Ovioion, To thle end the prov!e!ons of this s.O\l1'1 ty Inetrument ond the Note are declared to be seveuble, iJ, Sorrowu'. Copy. Borrowe. ehall he 'liven one con[olllled ropy o[ the Note and of this lifl('uril y lnnt-rllnmnt". .14. .'1'Ial~ufllt of the l'lfll'fHty 01" ft Ut>ueflcl"l Interest in Borrowftr. IfA11 01' Any part oC the I'JOpelty OJ allY illtel(~"t ill il in Bold Ot trannferred (ot 11 Ii IJPllf'lti'j,i! Ild"11 nl III narrower 10 Bold or lUlI1ofert"erl and Uarrower in not a Ilatullll petnnn) w1tholll l.nndPI 'n pIII)1 written consent, I,ende.' mal', at its option, require immediate paymenl In lull of all Ol\lIIfI sscured by thia Security Instl'llment, lIowevsr, this option shall lIot he exe.'elsed hy (,elllle, if ex.rci.e if prohibited by federal law a. of the date of this Security instrument, If i,ender exe,'ciess tll1e option, I,ende.' ehall give Borrower notice of acceleral Ion. '. . . . . The notice ehall provide a period o( not leen then ]0 dayo (rom the dAle I he notice Ie deliverod or mailed within which hOllower mllet I"'y all num" "eeure" hy \ hie Security Inetrument, If horruwer falle to pay theea eume prior to t.he explut.lon of thle period, Lender may Invoke eny remedies permitted by t.hle Sncullty Innll"UmNI' without (urther notice or demand on Borrower. 15. Borrowar'. Right to Reln.t.t.. If Borrower meete certain conditione, Bonower ehall have the right to have enforcement. of thl e Security Instrument discontinued a\ ony time prior to the earlier 0(' (a) b daye (or euch other period ae applicable law nlay eped fy (or reinetatement) before eale o( the I'ropeny pUl'8uant t.o any power o( nalll ('onllllnml In Ihlo Security IneLl'umentl or (h) entry o( a judgment enforcing t.hle SIlClIlit.y Instrument. Thoee conditions are that Borrower, (al pays Lender all eumn which then would he due Wlder thie Security InoU'ument .nd the Note .. If no .cceleutlon hed occurred I Ibl cures .ny default of .ny other covenante or agreements I Ic) pays all expenses InClined In enforcing thle Security InsU'ument, Including, but not limited to, refteonoble allowey's feesl and (dl takee such action as l,ender may naeonably requll'e to aeeUI"e that the lien of thiB Secudty Inatrument, l,ender'e rights In the Property and Bonowel" s obligation to pay the sums eecured by this Security Instrument shall continue unchanged, upon reinstatement by Borrower, this Security Inotrument .nd tbe obllg.tions ncured hereby shall um.ln (ully effective as If no acceleration had occune,1. 1I0wever, this right to l'elnetate shall not apply in the case o( acceleration under paragraph 17, 16. S.le of Notel Ch.ng. of Lo.n S.rvlcer. The Nol e or a partial Interest In the Note (together with this Secllrlty Insllllment) may he eold ,me 01 more tlmee without prior nollce to Borrownr. 1\ eele msy lesult In a change In the entll y Iknown ae I he "I,oan Servlcel ") that collecte monthly payment. dlle under tin, Ilote and thl. Security luetllllnent, Thern aleo may be one or more changee o( thn I",.u Selvleel unrelated to a eale of the Note, If thele Is a change of the Loan Servlcer, Bonower will be given written notice of the change In accordance with paragraph 14 above sllll Applicable law, The notice wlJl etate the name "nd addreee of the new Losn Servlcer and the addreee to whleh paymente ehould be made, The notice will aleo contain any other information required by applicable law, 17. Hazardous substanc... Ilonower ehaJl not cSllee or pennlt the preeence, UBe, dlspoeal, etorage, or releaee o( any lIarardouB SubBtancee on or In the Property, Sonowel Bhall not do, nor allow anyone elee 10 do, anything a(fectlng the Property that Ia In violation of any Envh"onmental l.,aw, The preceding two sentencee eh.ll not apply to the preeence, uee, or etorage on the Prop8lty of emall quantitlee of Ilar.ardone Subetancee that are generally recognlted to be appropriate 10 normsl reeld.ntlal usee end to maintenance of the Property, Borrower ahall promplly give l,end81 wlltten noUc.. o( any inveetlgatlon, claim, demand, Iaweult or other action by any goveln..ental 01' regulatory agency 0' private puty Involving the Property and any lIauldoua Dubetance or Env!t-onmental Law of which Borrower haa actual knowledge. If Sorrower leuns, or Is nollfied by any governmental 01 regulatory .uthority, th.t any removal or other remedl.tion of .ny lI.zardou. substance .ffectlng the Property is neceesary, Borrower ehall promptly lake all neceesary remedial actions In eccorance with Environmental Law, Ae used In thle pal8glaph 20, "Il.uldolle Substances" ale tho.e eubetancee defined as todc or huardoue eubstances by Environment.l Law and the following subsunc88, gasoline, keroeene, other flammable or toxic petl'olellm prodllcte, toxic peetlcldee and herblc1dee, volatile eol vente, material s containing aebutoB or formaldehyde, .nd radlosctl ve materials, As ueed In this paragl8f,h 20, "Environmental Law" ma.ns fedal'al l.wo and l.ws of the jurledlctlon where the 'roperty Ia located thBt I'elate to health, eafety or envlronm..ntal protection, NON-UNIFORM COVENANTS. Ilotlower .nd Lendel further covenant and agree.. follows, 18. Accel.r.tlon, R.m.dl.s. L.nd.r sh.ll give notlc. to Borrow.r prior to .co.l.r.tlon following Borrowar'. br..ch of Iny cov.n.nt or .grlem.nt in thle s.curlty Inltrum.nt (but not prior to .cceler.tlon und.r p.r.gr.ph 17 unl,sl appllc.bls l.w provld.s oth.rwl.el, L.nd.r sh.ll notify Borrow.r of. among oth.r things, (.1 th. dehult, (bl the .ctlon required to cure the defeult, (cl when the d.hult must be cured, and (dl that f.llur. to cur. the d.f.ult .. .peclfled m.y r.sult In Icceler.tlon of the .um. ..cured by I,hl. S.curity In.trument, foreclo.ure by judicial proceeding .nd ..le of the I'roperty. L.nder .h.ll further Inform Borrower of the right to r.ln.t.t. .fter .ccIl.rltlon .nd th. right to ....rt in the toreclo.ure proceeding the nonexi.t.nca at . def.ult or .ny oth.r d.f.n.e of Borrow.r to .cc.l.retlon .nd for.clo.ure. It the d.f.ult Is not cur.d .. .p,clfled, L.nder, .t It I option, m.y require Immedl.te p.yment in full ot .11 .umo ..cured by thl. S.curlty Inotrum.nt without further d.m.nd .nd m.y foreolo.. thll Slcurity InHrum.nt by judicial proc..dlng. L.nd.r .h.ll be entlllad to colleot .11 exp"n... incurr.d In pur.ulng the r.m.dl.s provld.d In thl. p.r.grlph 21, Including, but not llmlt.d to, .ttorn.y.' r... .nd COlt. of tltls .vld.ne. to the .xtent p.r1I1ltt.d by .pplIc.ble lew, Ittorn,y" fe.. .h.ll 1>. .ctu.1 COlt. Inourred or $2,000, DO, whichever II greeter, 19, Relells, Upon !,aYI"OIlI 01 .11 .'"11" "'.("\Iled I,y thlll Becllllly Inotllll"olll, Ihla Security luntrument and t Ie palAtA l'fIIlVf?YfHt uh(t,ll tCllldllstf:l amI hPf'{l11IH vo1tl. AftHI Rueh occurrence, I.elldet" ahall diHdllllljt! dlHI tHltiH'Y tliio RpnlJlty IURtl\l11lfll1t without chalge tn Borrower. Bon ower 811a11 PIlY allY I f!ClJlltitt i 1111 ('tI8t". 20. Waiver.. Uonnwe., to th& ~xtent (lfo!llnittEHt hy applicable law, waives llnd t-eleaBeD any PIIOI 01 dftl~('t>> ill pl{J{'~el1tllfJH to ~l1fol{'e tllin Benllity lI1Rtl\1Il1ellt._ and hereby walvee the henelll of any pleaant 01 futula lawe I'lovldlll'l 10' "tay of execution, extension of ttme, exemptinll '1011I aUachmfHlt, h'vy 8n<1 aale, 811I1 homenteAlt exempt.ion. 21. Reln.tot.mant Period, uOllow.,'a lime In ..In.talo p,ovld"d In pa'8'lUI'h 10 ehall extend t.o one hour prior to the CllIlUIlf;oIIt'ellliml of hi (tlIlr\l) ilt a uht..rtlfH Bille or 01 iE'Il RAle pUIDu8nt to Ult" fipc\lIil y Innt IlIment 22. InUtrelt Rale After 1]IH1\1meul. HU11(;Wt'1 itIJlIH!8 t)\l11 the tlttf!lt~at lale pc1yahle aflel a judHllIent 1a enterell 011 Ihli Jh;l.. III 1111111 n('t tOil tlf IlHllt(JitfJf' 'ult't'lilH\lle ahA)) hA tht! late paYflblf! rrom lime to time uudPI Ill.. Hl;l.~. nY aWNING IlKWW, 1l0nflWIl .cc.pU .nd .gu.. to th. telms .nd covensnts ctJ/1l.aln8ll In .ht.. 1:,,,,,,,lly In"tlllm~nl. and In .ny rlll.,(ol .x.eut.d by Bon()Wlr .nd r.c"rd8d with II., W\tneeeee, 1"8&1 I 'JJ6howtl (Sull . I } I.... \l '7 ..." ( & M.o(( - 1_;'" ~ N IU ~ ~ ~ ~~ ! UJ 1. i i II t f! I : ~ ill .Ili ! ! ~.!i 1!1 1111 I! i 1!t111,1I!' i j!~<~ji~ 1!~j~~!!JI~m~J~f~J~~ ~JHI1!~~m~~~JJI~ ~NM~~w~m~g~~~~~~~~e~~~~~~~~roro ~M ~ R~~ ~ ~~~~; -- 'VIl~ xtl<: '" :lo i '\1 VJ l<'k" .I( l- i .l\~",1:..1!o B: V) '1 n 'J fl .l1 '\:4 Vii.. 01 ~ f,-. ~ . ',)<.':,/<' ex. .. .. .. flu ... .. OJ ... x, OJ Ii I 9 G ~ j j I : -"x I~~ ~~llfji J N N un I~ j~ ... ~ 1Il.~ 11l\l.J hi ~ II I -- ~ ~ i "..- ' .. .. ... ) ~ .... ~ C'" IH ':;) i ~ :1' ~ .... ., ~ ~ . , ;,., , rl '~ ') \,.; .... ") '" .~., '" -'I ~ ~. .., ~ie~ ~ :~~~~ ~ ~iG~~ ~ ~~~~ oJ 110 ~::l 0 . ~ Ill: :t rIJ <110 ~ U rIJ . . 11," ' . I : t ...1_,1 r , . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 94-3281 civil Term LOIS A, KUNTZ, Plaintiff STEVEN E, KUNTZ, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Lois A. Kuntz, residing at lOB Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013, 2. The Defendant is Steven E. Kuntz, residing at 347 "C" Street, Carlisle, Cumberland County, Pennsylvania 17013, 3. Plaintiff seeks custody of the following children I ~ Present Residence AID! Rebecca Lynn Kuntz 347 "C" Street Carlisle, PA 17013 14 Jessica Marie Kuntz 347 "C" Street Carlisle, PA 17013 10 The children were not born out of wedlock, The children are presently in the custody of the Defendant, steven E, Kuntz, Father, who resides at 347 "CO Street, Carlisle, Cumberland County, Pennsylvania 17013, During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates SAID IS, GUIDO, Lois A. Kuntz and 347 "ell Street Until SIIUW" Steven E. Kuntz Carlisle, PA 17013 March 1994 MAS LAND 26 W, IlIlh 511...1 Steven E, Kuntz 347 II ell Street March 1994 CIIII.I.,I'A Carlisle, PA 17013 to Present The mother of the children is Lois A. Kuntz, currently residing at 108 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. ,gt v , IN 'l'HB COUR'l' OF COMMON PLEAS OF ,CUHBBRLAND COUN'l'Y, PENNSYLVANIA , ,NO. 3281 - CIVIL - 1994 , , ,CIVIL ACTION - CUSTODY LOIS A. KUN'l'I, Plaint1ff STEVEN E. KUNTZ, Defendant ~ AND NOW, this "\ll day of of the attach~ustOdY directed as follows' , 1995, upon consideration on Report, it is ordered and 1. The Mother, Lois A. Kuntz, and the Father, Steven E. Kuntz, shall enjoy shared legal and shared physical custody of Rebecca Lynn Kuntz, born December 2, 1980, Jessica Marie Kuntz, born May 1, 1985, and Jeremy M. Kuntz, born September 10, 1979. Mother shall enjoy primary physical custody of Jeremy, with Father enjoying liberal periods of temporary physical custody at such times as agreed upon by the parties. 2. 3. Father shall enjoy primary physical custody of Rebecca Jessica, with Mother enjoying periods of temporary physical custody with Rebecca and Jessica as follows, and A. On two consecutive weekends out of four weekends from Friday evening at 6 P.H. until Sunday evening at 6 P.M. Mother shall pick up the children on Friday and Father shall pick up the children on SUllday. Mother shall have tile children on tile weekend of August 25 and then start her two consecutive weekends again all the weekend of September 15 and Septemllf~r 22, 1995. The following two weekends the children shall nUl/aill with the Father and the parties shall alternate that schedule thereafter. B. One evening per week from 4 J',H. u/ltil 8 P.M., the evenings to alternate between Honday and Thursday. The first evening shall he AIJ\1IHlt 24, Mother shall handle U'a/llll'ortatieJ/l {or exchange of Gustody. C. For three weeks dud /lg the II Ulllllltl" wid oh shall be ... week in June, IJuly and August. MOl/IB' shall give Father at least thirty d...ys notioe as to when she intends to exercise the one week viaitation. P lainti ff IN TilE COUH'I' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94- 3201 Civil Term LOIS A. KUNTZ, V. STEVEN E, KUNTZ, Defendant IN DIVOIlCE PRI-TRIAL STATEMENT OF DIFINDAHT. STIVIN I. KUNTZ FACTUAL BACKGROUND I The parties were married 011 February 16, 1979, and three children were born to the parties: Jeremy M. Kuntz, born september 10, 19791 Rebecca L, Kuntz, born December 2, 1900 and Jessica M, Kuntz, born May 1, 1985. On or about March 10, 1994, the wife left the marital residence and established a residence with her paramour, and the parties have remained separated since that time, The husband remained in the marital residence after the wife's departure, and the parties' three children presently reside with the husband, A support order is presently in effect against the wife in the amount of $341,98 per month, 1. Marital Assets: a. Asset Value Marital Liens ,u_~____l.!1Ail.L___ portion marital residellce awaiting appraisal one husband's pensIon 41>,317,74 (12/93) all none husband's ESP 10,013.62 (3/31/94) malt none 1990 Chevy blazer unknown malt none 1 b, c, unknown unknown unknown most none 1,800,00 (5/94) all none 2. Expert witnesses! Experts will be called in the event the parties cannot agree on the values of the items of marital property. 3, Witnesses: Steve Kuntz, Lois Kuntz as on cross. Others as determined to be necessary. 4, Exhibits! Opposing counsel has been presented with all documents in the possession of undersigned counsel in response to a request for production of documents. Those documents along with new statements of credit card accounts and payoffs for the liens on the property may be submitted, 5, Parties' Incomes! Husband had been employed at Carolina Freight until he was laid off in May, 1995. In October, 1995, husband became employed as a delivery person for a printer in Mechanicsburg called Waveline Direct. Husband earns $7.50 per hour and works approximately 40 hours per week. Wife has been employed at Ross Stores since sometime in 1993, and she earns $6.75 per hour and works approximately 40 hours per week, At a child support conference recently, the husband's net monthly income waB determined to be $1,040,00 and wife's net monthly income was determined to be $975.00, 6. Husband's expenses! husband has no unordinary expenses to be 2 d. 1991 Javelin boat e. 1976/8 Yamaha motorcycls f, 1992 Grand Prix g. wife's 401K/stock h. household furniture 1. Alum-craft boat unknown most one none most yes considered. 7. Pension information I see Marital Assets above and attachments. 8, Husband is not claiming counsel fees. 9, Tangible personal property: see Assets above. 10, Marital debts: mortgage home equity 1991 boat MBNA Visa Bon Ton OAFCU Visa CoreStates 1990 Blazer Amount @ Date Initial Purpose Payments separation incurred amount since seD. 29,000.00 1984 buy home 283.00/mo. 2,000,00 pre-sep pay bills 260.00/mo, 11,401. 56 1991 194.00/mo. 2,610,63 pre-sep various 50,OO/mo. 166.62 pre-sep various 175.94 tot 3,098,32 pre-sep various 80,OO/mo. 3,000.00 pre-sep various 95.00/mo, 7,758.22 pre-sep 7,758.22 Creditor Additionally, husband has paid all taxes, utilities and maintenance at the marital residence since wife left, Husband has installed new carpet in the residence and has replaced a hot water heater, 11. Proposed resolution: The husband's primary concern in this case has been and remains the children. The husband remained in the marital residence after the wife's departure, and he has had primary physical custody of the two youngest children since separation. The husband has also recently become the primary custodian of the oldest child, and he expects to continue to be the primary custodian of all three children until they reach majority. In light of the custody situation, husband needs a large living 3 f~E C~NTRAL PL~NSYLVANIA TEA~STERS ~~TIREMENT INCO~E PLAN 105~ SPRING 5TRE~T wYUMISSING, PA I~~ID uAILING ADDRESS I P.u. BOX 1522J ~(AOI~u. PA 1~612-~2~3 1~q4 ANNUAL rMPLOYEE JENFFIT ~TAT~U~NT ~/06/95 KUNTZ STf:I/EN 347 CST CARLISLe PA 17011 sactAL seCuRity - Id2-40-1IIllJO I. alRfH UAT': - ~/OS/5~ 2. SPOUSE NAME - KUNTZ J. SPOUSF ~I~TH UAT~ - 1~/Oll/~/ 4. SPUU5F SOCIAL SFCURITY ~u. - 1~4-56-20?5 5. RFPOHT~a DATE UF HIR~ - )101/77 6. I/r~TCO STAru~ - 10J' Vc,T~U 7. ESTIMATr.J NORMAL RETIR~UENr DATE - 09/01/2ulb e. OETAIL3 GF :MPL1YER CONTRIOUTIUNS POSTED TO YCUR ACCUUNT FOP TH~ YCAR 19q~ THAf WERE RECEIVEO 9Y J/17/?5. [i\IIPL-1Y':R 'lmlTH DO FIJH ~OURS PAl:> ro T AL DOLLARS ----------------------------------------------------------------------------------- CAROLINA "RFIGrlT CARRIeRS CORP JAN.,'l4 160 4..5,60 CAHOLINA r-~EIGrlT CAP~ L:.'l,; CORP F>=:J.,Q.. 152 423,32 CAROL-INA "fiE I IirlT CARRI!::.Il:; CORP ,~AH. .Q~ IIl4 512,4.. CAHOLl NA F>lFIGHT CARRIERS CORP A':>R..lJ4 .!fI14 4J';.:18 CAROLINA FitF.IGtH CARHICRS CORP MAY.,9.. ;l88 429.134 CAROLINA F;<EIGHT CARRIeRS CORP JUN.,?4 176 5.!'i. ]6 CAROLINA "~~IGHT CARitIC'l:; CORP JUL, ,q4 IS7 461!, h5 CAROLINA FREIGHT CAitit It:.R S CORP AlJG.,~4 160 477,60 CAROLINA F~FIGHT CARRI.:RS CORI' ,ji:P. .<:l.. IR4 549.2" CA I.lOLl NA F4~Ir;HT CAR,H ",q S CORP Jr:r..I)q. 145 4J?8J CAHOL.I NA F.IE I GrlT CAQRI[Q" CORP r>jI)V.,?.. 15d 1\71, ">J CAHOLINA F.~E I 'JH T t:,\QRlt:.QS COIlP (P:C. .'14 1 q" 'j J7. 3" T u T 4L. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'i,70Q.llJ LA Tr: CQNTQlnUTIONS/~DJU~TU~NTS TO PIlEVIOU, Yt::ARS - . '10 'J. 10. UFY!LOP~~NT OF ACCUMULATfD ACCOUNT BALANCE "HOM 12/93 TO Il/~4 : A, ACCOUNT JALANC~ AS UF 12/11/1Q91 - u. CONT~I~urIUN5 ~ECfIVt::O nURING 19~4 - C, N~T eARNINGS AOOEO OU"INQ 19lJ4 - 0, ACCOUNT JAL~r>jCt .I", JFI~/JI/19Q4 - 45.JI7.74 5, 70 'I. 1 'l 5R6.57 -,I.oIJ.50 . INCLUUC.i Il/Q II. ANNUALI!.:." nAfc. OF ""TUllN [AHNf.1 I1N Hit. FI}N!) F,JP (0)".. - '1.<;0~. NOT'-l INr~IIFJr IS ACTUALLY CIVOITED TO YO'll~ ACCOUNT ClA!i~D UN 'IUAIlTr:RLY RATES UP Q~TURN. THFRFF~Rf THIS flATE CANNOT u~ USECl TO YERIFY THE "NdT EARNI~GS AJOCD" AMUUNT A~OVF., YOUR ACCOUNT ~ALANCE SHOWN ARUYt:. In 5UdJECT T~ AUOITICN3,OELCTIONS AND CORRfCTI~N~, sAm IS, Gumo, Sllll.... A MASUND 26W,lliihSlr",'1 Corlble,I'A LOIS A, KUNTZ, Plaintiff v. STEVEN E. KUNTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 94-3281 Civil Term IN DIVORCE PRE-TRIAL STATEMENT AND NOW, comes the Plaintiff, Lois A. Kuntz, in the above- captioned matter, through her attorneys, SAlOIS, GUIDO, SHUFF & MASLAND, and files the following Pre-trial Statement pursuant to Pa. R. C, p, 1920.33 (b) I I. Aeeete A. MARTIAL PROPERTY No. Description of Property 1. REAL ESTATE 347 C. Street, Carlisle, PA 17013 2. Carolina Freight Carrier ESP Plan 3. Teamster Pension 4, 1990 Chevrolet Blazer 5. 1980 Alumna-Craft Boat 6. 1991 Javelin Boat and trailer 7, Washer and dryer Boat equipment & fishing gear 8. q, Bed 10'1 Appliances Party H Value $92,000- $100,000 H $ 18,013.62 plus earnings after 3/31/94 H to be determined H $11,625.00 II $1,500,00 II $13,000.00 II $500.00 H $4,000,00 H $1,200,00 Ii $1,200.00 SAIIlIS, GlIlDO, slIun' A MASUNll 21, W, llI,h Stoe"l C..II.I"I'A 11. T.V, & VCR II $700.00 12, Living room tables H $200.00 13. Kitchen accessories H $500,00 14, Above ground pool & deck H $3,000,00 15, Dining room set W $1,000,00 16. Oak buffet W $500,00 17. Upright freezer W $200,00 18. 1992 Grand Prix W $10,700,00 less encumbrance TOTAL B. NON-MARITAL PROPERTY Husband has in his possession a triple dresser with mirror, a tall dresser and a nightstand that belonged to Wife before the parties' marriage. No other non-marital property is in dispute. II. Expert Witnesses If the parties are unable to agree upon the value of certain assets, Plaintiff will be calling expert witnesses with regard to the valuation of the real estate, household property, and Husband's teamster's pension, IU. Witnesses A, Plaintiff. B. Defendant, as if on crOBB, C. Experts referred to above, D. Plaintiff reserves the right to call additional witnesses and provide their identity at a later time. 2 earnings are $1,040.00. In addition, he receives child support in the amount of $342,00 from Plaintiff, lie also is required to pay $30,00 per month for the children's health insurance. copies of the parties' recent paystubs are attached hereto as Exhibit "A", VI. Income and Expense Statement It is not contemplated that either party will be preaellting testimony with regard to income and expenses, VII. Pension Plaintiff had no pension at the time of separation, Defendant had a vested pension with the Teamsters. A copy of the only statement provided by Defendant is attached hereto as Exhibit "B". Defendant was hired on september 3, 1977, The parties were married on December 16, 1979, Any portion of the pension accrued between the date of marriage and the date of separation on March 10, 1994 is marital property. Plaintiff would request ths entry of a QDRO awarding her a share of the penaion. If this is not agreeable to Defendant, an appraisal of the pension will have to be obtained. VIII. Counsel Fees Not in issue. SAIDlS, GlIIDO. snUFF A MASLANU 26 W, IlIgh SIre" CaJUoI"I'A IX. Personal Property The parties have numerous items of household personal property that have already been divided as reflscted in I (A) above. All remaining items have been retained by Defendant, 4 ,'f' . j '.... ............., t\Vllll '- j I, ~AI~~"',~~o'1Jij'~;l~;Ot!~"I'l""~~"~\I)":'1 r~; ~"0~'i;'~J"PjC;~:D~ni I III !~~;.!il.()~~~ _>_lf~L _ _. I ",I~~'I_lllll~ I"P I ~ __l_!,_~~_Irl_.';' 1-1110 IlIl\y,lt "en I .. .'__._ I ''''"NINI1'i _ _ . \,l)~UNt"'n, U~U\JC111)N!i -, .....,:. -, "--.. '-:-;'-;\':. , '''e"ioe- -"J"4'O'Q'- .iOL I D^Y''''''~-''-' - 40 'K'EE>M~~1~.'~:~,.J.,.'tdr9 '"~;;r~I;'':'J!.''''''''' :":,,' i 35Q04 5<100 REGULAR WAGE STK PUR 1/1/9 '819 40487 I' et08 ~OO PROD BONUS H GARN.AMT ALL : 17S~00 : ROSS FEES ALL : 3400 1995 OPT-CARL : 1 doo OTHER : Seae3 1_-- :: , , , , ( LA_ LE,'- ... 5, ~~ I C "'-=' I . 't""~~~t .~ :i'i'1IUJIIIllNTINlont.aAr"nrr,T..I4.'";9Il\n 76j---Jl3f08.j.d-i"'V(:)'j u~~6 I 66153 1.05570 39147 . 14QS7 ..._~.!!l.A.II)fIJlIClH}I.~ 1 7~09 ,,'d,IIIIAlItWOIlMAHON NETPAy'l II 472 LOIS A KUNTZ ,I I I'GOClll'i[aJI\llYNii~,~"t:,':~If)~, "tmBu"oo,' EH,OIN,olr'Dt[l)(.!!\JIl..8[J\~ 194-56~.2695 74272_ ..1 ___~ 01/0~f16 -20387&J IHlS~i s 101H !;,lfJt~__._-.--_ __d'_._,J~~(~ "lI(JI-j,':J ,!!~_t1L~uU1[ 1 _ ",Vl0 D[~:I~~~_, I, 'II _ . _ , ---. '"7. - \ '.. ,'IAANIIOG t\IM'~ . ,=./> f'.,.....lr~..,. ~~vOll.".nY,PEW. ~.,,~~tI . ' " , ~t 11~tR'DA'y""~ -CEX~AiNJ ., N'" 179 6': 179. 6:: ,..'''~I''''\D -',: 28~0 EGULAR WAGES LEX PA TAXED 21~7- 21~7-1 I 24:00 WL tOAY 199& OPT-CARLI 10PO 10>>0 , 3~S lev PAY t~TH AMERICA-P 231'3 231~3 EE LIFE 2 X PA 2pJ 2>>3 PTHER 37~0 J7~0 . :: l r Va: :-..... - I (,-~,~,.:...\.;".". ,'; ,'. I" , , . tACATlON. ~VA_lp~.~ 47 73 I __ _' L I .: I. . ..;, J_ - -'';;'i~i~;]=-::~l~i~e' ! '~'9n 1""'"I;:l.t~~~~~:(~~l' ,,,." .,,' ~ !~T~'" ,'c :-'--1 4Jl~q 4~9! ,~97:! 12~el 4~~ ~.,_ : . ! '110'41 NET PAY I 301!i] 1Ill"'l (l(lHH II' ".', I .1 III 1 1 (,\1 11411JIlMAlhl'" - I _............ .d. ,-, .Ao:;'~ 47E LOIS A KU~TZ '" ' ,; !.;~li~~~un~I;~-~\l~'~~;~YU,.[:-~;~J~'p~y~~;~~F~irt~li~J' I III )", "If IIU. 'i~~~,IHti' , 'I ",U',''''''':,\ \'I{) f1J Jl..s".!!.hL~), ~-_"~'~"~~~~,~~,~~~:-:fi\tooo, fto,IN.~---.--..- - ------------- ,,- "". ~~t1~O ~~~f'l\tGl',r';::;""'~AGE5 'L1;:xl~~m~'j-:"ti' ~"7~~1i6~'1"3~,"~b'~:.i f'"'''' ""," i ,: :LEX PA TAXED 2'~7- 431;4-1 . 1 :: \1i.THAIIEIlICA-P 2:Jl~J ~,,2'~1,' . , . "II L '- X P 1\ I <: II J I 41) b l.i':,HIGI. [,Ul i llao I 2260 I'd HF:P 241>a 'I 6oi.>a , ' : I i IJA(,,~,:,~!:;'i ~\Jfd ~:,"I!I t: I ~ I t ;,1, t /.,;, . ~4~'~'r (.~0 (, i. ,.i,llili III li~rmu.i, lii-lW.......,..--- ._1 'I f, "", 1'~I! (!!!!ileal ,'I ;,'419 I 8~4 ,i!i') 11'1 ".' .1l~A11I1't NET PAY ,__.J_-..... k& i !:l3 I . ,,97 ~8 ,,, '" , , I -j,'. 11.l1\O\lINAMC f,(l\'.Ulwn"~. 1,'0\' I'lnlon , ., I - ,,>~ ~~_.J ,,' " [MI.\(nIINJ (lllr... Nlll.llllfl (I'll.. HAll --.-,---~'~:=J mUlll^" IIOURS OVIIltIM[ IIOURS I'M 'I" 1'" ,I - , l'^" I \ I': ,II j I 1:1 I anot', rAY '1tJ1f..\ll'.~UMI MX fiCA StilT[ 1~~COMr lAX I oe AI INCllMI 1^k \,C I. " 101A! W1111110llllt/G NrT PAY GROSS rAY 1I~IIIlAlll.; 1~~:.I~~'I!:~~ II An 10 IIAlI 511.111Ak I(J(.AL TAk 0111111\';111 NIII'IoV WAVELINE DIRECT, INC, 4896 1I.1h.()'(1l Nt.'-1[ f,OCIAt S(cunll Y. MYrIRIOO ~,ll \fl'll I . ~,t11d'- tt.I,"J-.HI-I,,'Y'11 h,'.ll" h'I'(,: ).'/(I.L,d, I.'I'U/(I!. It.ll'lO'1l1l1 7 ~,O III: II,," ClUCK Nur,lUIR WICK DATt 1 111,1/ .j'; 't, ) ;'/1 H/'/Il IlIGJlAR liOJRS QV[RTII.U HOUA!j ~h . 7H I'A" I" ", I . t~ ~, 11,'"" 1,- (I.OOI'AI' 0.0(1 (lltlE R O[[llIll J('I< , , OlHEH [l[['II)( 11 IIIl J o 1H[f~ Orllll( 1 J rill ,1 ~'.;,-, '"I . ,.\~, OlHER [Ir PU( 1 J (II< ~l ~'l .7(\ '/ -, ~J J TOTAL IImlllOlDltlG .. ..:.....' H,14' ;' ,',11 NET PAY II . J;' CR05&PAY fl Ol RAlll..::or.u lAX fiCA Sl!.Tt INCO'~t TM( lOCAllt~(O'/.[ lAX O.()(J (\,00 (1.00 II. (,(. t, ~-" .;, : I .~ I, . ~,'.; (ila!)S MY ~-:".,t:~...:. ~,l., UII{JII\l 11..)( J(1l ,", 'HM'TOUAtE II :. 1,,) '.t/.~llM: I, I ,I. 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OTl 11.2 lMI'lU\lIlll WWo NUr.lCr" rH'r<llAII ~,", ;qr:) III GUlAft ttlJUhS 0,'( Iltlt.U llOUflS 0.00 '1,Y 0.00 I'M so.OO 0.0(\ OROS6PAV e.o .00 II UlR/.l Ir~':o'.U ".r. 0 . 00 IICA :~ 0 (i;!- ~lMlIIIC()'," l^X 1.40- ,~r^' ~~~~_.__ ___________O..t,o,' nll~17 49n r"'JNEMPLOYMEN1 141 THtiOLPl NG a1HER DEDUC1ION 2 (I1HEH DEDUCllON 3 (11 HER [If PUC 1 ](It4 ~ OTliER DEDUCllON t, 0.00 0.00 0.00 (1.00 0.00 1,)\,,\ V,'illtlIUlIJING t, .72 f\'llf11>-_\- "A" .., --_.~._~ - ,. ~----~,-".--_._._.._-_._- (=-----~-- I ;''',);';~\ , '~4 'tt",III!t.lI ....,'------: ..-'" ---, -'--'J--- ., '11',11.:,1 1/.): I 1..' ~,'''1I 1;,)., -----~_.._-_._. _. -,,---.---- ..~ .-_. ---.- 129.2l l~u.O~ b4.1 ._~J_. 2,01:1 1 t ~,F..?O WAVtLlI~E DIRECT. INC r('-t'11':ll.;~'l1 W\Mt !-II( 1M LrrUR!1Y' ""'f"If\HUl '" .~._--~.~_.~" ,-- l'b~ \I~/) ~il'lhUN^tl 1'1 I,: 1 ;'/;:'b/fJt. 1 ;'/~11 /9t. 'Uli\Jl ~flti~IUI;;------..t(,. ~~'-I;/:;--- {IVllllIMI IttHJlI1l 0 0 OU I'"" .'---777-;-tt('t (,,(10 "J. 'I ~ 1'1.\ II! 1;.'<11', t1'ltlM o. / " .11\1 10.I,lt,,). UhllJl \\ I~ I\!II:' 19.3b 5051 7.(,0 011 11 .., ~MI'IO\llll) .. nllCK NUloIdll nlln:IJAlI 7 ,(I (11/(1;'/"1' ------.--.---...... _..._--~ ,.1N01M'l1TT"r:rrr,Hil1110li11N" ---~--_..-- -1"~( . (l1H[J~ (I[PU( 11 Ol~ ;' (1,00 D1H('I1 Pri'l" 111>11 i ,',00 ('11111: PII'I"!] 1114 ~ ' .(1(1 (11HIII PIIII" 111111 '" ,1,t1U ) 1- ~ . . , I' .'(1 _ 1.>/1 lillt,j VdIlUIUIIII'Jl.l " . f. 11/, ',lj 1',_-il'111l,): il'; I.! 1',:; 1",'1 '^l.' , , P.' IF) "I II "_/1 If ~. 'I I , i,.) '\ , {':l .',1, ,0"1 {, ,bll ,,.'.' ~l' 1'10\ . ~l" \II L I" l..",q -.:~j ..' _.....,~..j, 1,1,,11;\', Ii I , , (I ,1"\ T'~";:,"",, ,'I~ " .ttr ,. {II t,!ll !1:1! 1.,\ . LOIS A. KUNTZ, Plaint1ff IN THE COURT OF COMMON PLEAS OF CUMBERt~ND COUNTY, PENNSYLVANIA NO. 94 - 3281 vs. STEVEN E. KUNTZ, Defendant IN DIVORCE REI Pre-Hearing Conference Memorandum DATEI Friday, April 26, 1996 Present for the Plaintiff, Lois A. Kuntz, was attorney Edward E. Guido, and present for the Defendant, steven E. Kuntz, was attorney Michael A. Scherer. A divorce complaint was filed on June 17, 1994, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel have advised that the parties will sign and file affidavits of consent so that the divorce can be concluded under section 3301(c) of the Domestic Relations Code. Those affidavits should be filed prior to the hearing to be scheduled in these proceedings. The divorce complaint also raised the economic issues of equitable distribution and counsel fees and costs. Counsel for wife, who raised the claim for counsel fees, has indicated that he is probably going to withdraw that claim so that we are left with the issue of equitable distribution. The parties were married on February 16, 1979, and separated on March 10, 1994. They are the parents of three children. The oldest child, Jeremy, resides with the mother; the two daughters, Rebecca and Jessica, reside with the father. Wife is currently under a support order in Cumberland county, Pennsylvania, to pay child support to husband for the two children with husband in the amount of $297.00 per month. The amount of support reflects the fact that mother is making a contribution for medical insurance coverage for the children. Wife is 36 years of age and resides at 108 Meals Drive, carlisle, Pennsylvania, with a male friend and with Jeremy. She is a high school graduate and works as a laborer at Ross stores, Inc., where she nets $966.00 per month. The net figure is a number which has been arrived at by deducting the usual taxes and the ordinary deductions as well as the health insurance costs, Wife has not raised any health issues. Husband is 36 years of age and resides at 347 C street, carlisle, Pennsylvania, with Rebecca and Jessica, the two daughters of the marriage. Hs is a high school graduate. He was a truck driver for Carolina Freight but was laid off from that position and is currently driving a truck for Waveline Direct, Inc., and is being paid at the rate of $7,50 per hour. His monthly net income is $1,040.00. He has not raised any health issues. The support office in recently calculating the income of the parties, used the $966.00 net per month for wife and the $1,040.00 net per month for husband. The real estate at 347 C street, Carlisle, Pennsylvania, has been appraised by Larry Foote. In Mr, Foote'e opinion the property has a value of $85,000,00, Husband has the right to have the property appraised if he does not agree with that market value. The property is subject to a mortgage in favor of First Federal with an approximate payoff of $29,850.00, The home was previously subject to a home equity lien but that has been paid off. The monthly mortgage payment is $286.00 which includes taxes and insurance, Mr. Guido has indicated that his client is raising a rental value claim and that in Mr. Foote'e opinion the rental value is $550.00 per month. with respect to the real estate, wife has indicated that she is willing to defer her interest for a period of time until either husband remarries, cohabits, moves out, or the youngest ohild is graduated from high school, She would expect, however, to receive interest on the deferred amount of her interest in the property. Husband was a participant in an ESP plan with Carolina Freight. The most current figure we have is $18,013,00; however, we need to have an updated statement and Mr. Scherer will provide that statement as soon as possible to Mr. Guido. No contributions have been made to that account since the parties' separation. Husband also participated in the Teamsters pension at Carolina Freight. Wife has indicated that she would be willing to consider accepting her interest in the pension based on a QDRO which would obviate the need to have a present value of the pension, Wife has a 1992 Grand Prix automobile and the value that she has established for that vehicle is $10,700,00. It i. not subject to any encumberance, Husband has a 1990 Chevrolet Blazer and wife's opinion as to the value of the nlazer is $11,625.00, That vehicle is likewise not subject to any encumberance. Wife's opinion of the value of the vehicles is ba.ed on appraisals which she received from sutliff. Husband sold a 1980 Alumna-craft boat for $1,800.00. He received the proceeds from the sale of that boat. lie is also in possession of a 1991 Javelin boat and trailer which has been appraised by Big Bee Boats at $11,306.00, The payoff on the boat is around $9,400,00 leaving equity in the boat of around $1,900.00. Wife hae valued the household tangible personal property in her possession at $1,700.00 and the property in husband's possession at $6,800.00, Mr. Scherer has not given an opinion as to the value of the property in either party's possession and his client has the right to have the household tangible personal property dppraised. The figure of $6,800.00 representing property in husband's possession includes an above ground swimming pool. The marital debts are being paid by husband and they are as followsl MBNA Viea Bon-Ton DAFCU Visa Core states The date of separation amounts on the accounts are the amounts that we will use for purposes of allocating the debt. Counsel agree that the date of separation amount due on the MBNA Visa was $2,610.00, on the Bon-Ton account was $166.00, and on the DAFCU Visa was $3,092.00, The only account at issue is Corestates and counsel need to obtain a statement showing the date of separation balance due on that account. InclUded in the list of marital assets is an item inVOlving boat equipment and fishing gear. 1~ese tangible assets are not included in the value of the boat, motor, and trailer nor are they included in the value of the household tangible personal property, Wife claims that there is at least $4,000,00 worth of equipment and fishing gear although she has no way of making a specific inventory of the items. Husband is directed to prepare an inventory of the boat equipment and fishing gear within two weeks of today and provide such a list to wife'S counsel. If there remains a dispute as to the value, then the parties can arrange to have the equipment and fishing gear appraieed. I ~{ ~ ~ ~ - '- ~ " - .. .' 8 '..(. '1 I"r' ~.. '.? ; 1.'- .," .1ft f. ;;~ r-\..i ,.,., N ... ~j1; "Ill I . ':} hI, 1" 1, .. :"'Q i il_ l. ..( ~.~1 r ~ ..... ,~ d tl' , . ORIGINAL Jwn u a 1997pt" J~n jfH I~H .. ~!~! ~i ~ .. !IW e ,iH < iIl~j!J! en . , v. IN THE COU~T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 94-3281 Civil Term LOIS A. KUNTZ Plaintiff STEVEN E. KUNTZ, Defendant IN DIVORCE AND NOW, this QUALIFIED DOMESTIC RELATIONS ORDER 1y~ day of ~____, 1991, in order to satisfy the requirements of law pertaining to the equitable distribution of certain pension rights or benefits, IT IS IIEREBY ORDERED AND DECREED as follows: 1. This Order shall apply to any pension plan, retirement plan, or pension benefits acquired by the Defendant, Steven E. Kuntz, with the Central Pennsylvania Teamsters Pension Fund, (which includes the Retirement Income Plan and ths Defined Benefits Plan) as a result of his employment with Carolina Frelght carriers corporation or any other qualifled employer. 2. The name of the plan participant in said pension is Steven E. Kuntz, and his address, as of the date of this Order, is 347 C Street, Carlisle, PA 17013. lIis social security number is 182-40-8090. 3. The alternate payee under this Order is Lois A. Kuntz, whose address, as of the date of this Order, is 100 Meals Drive, Carlisle, PA 17013. lIer social security number is 194-56-2095. 4. The parties were married on February 16, 1979. Steven E. Kuntz began working for Carolina Freight Carriers Corporation on September 3, 1977, 'rho parties separated on March 10, 1994. 5. The alternate payee, Lois A. Kuntz shall be entitled to her marital portion of whatever benefits (including death benefits) are hereinafter payable to the plan participant, Steven E. Kuntz at hie earliest retirement date, or upon his death. The alternate payee's marital portion shall be computed as followSI (A) Retirement Income Plan: Alternate payee's portion = of pension or benefits 15.08 total years of service under the fund x 50% The death of the plan participant under the Retirement Income Plan shall not affect the rights of the alternate payee herein. (B) Defined Benefits Planl Alternate payee's portion of = pension or benefits (total years of qualified emolovment minus 1.41 x 50% total years of service under the fund Alternate payee's rights under the Defined Benefits Plan shall terminate upon the death of plan participant. 6. Should the pension benefits of the plan participant, Steven E. Kuntz, be lost, forfeited, or denied him for any reason, he shall litigate to a reasonable extent his claim for such pension or retirement benefits so as to preserve them for himself or for the alternate peyes, Lois A, Kuntz. The costs of said litigetion shall be borne by the Plaintiff and Defendant in proportion to their then respective interests. 7. Each party shall be responsible for the payment of all taxes due on his or her share of said pension. 8. All payments to Lois A. Kuntz shall be made directly to her, to the extent allowed by the terms of the plan, or to her 2 nU:O-QmCf: OF TI ,'r: ,- "71 "", ;TI./ly 97 APR -;; PN ~I 07 C' ". '..;. '., l.......~,. '. . '_ ,l.L.Il/' Pt'Vi\5>>'\~WH . . v. IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 94-3201 Civil Term LOIS A. KUNTZ, Plaintiff STEVEN E. KUNTZ, Defendant IN DIVORCE STIPULATION FOR QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this '; / .' day of .J )' ( ( V", I . , , 1997 come the parties together with their respective legal counsel who stipulate and agree as followSI 1. The parties agree that they have previously entered into a certain Marriage Settlement Agreement dated September 24, 1996 which, in part, provides for the division of lIusband's retirement pay. 2. The parties agree that said retirement benefits are to be divided and distributed in accordance with the foregoing Order. 3, The parties specifically authorize the Court to enter the foregoing Order pursuant to this Stipulation. IN WITNESS WIIEREOF, the parties intending to be legally bound have set their hands and seals the day and year first above written. 1 . ' ) . ~. , '. /1tZr:: ;'(1/ ~.' L. - ~) / / " ;;~!// ',[. / -~t.:..';(, ,J ' '-.--". '~&{4 (]. KtJ.JnP ~;'~'\f Edward E. Guido, Esquire Attorney for Plaintiff J!i;/E~1.fnt~.~~~1-d6n-t--' H ??Ul4 ;;'41,/, ..... Michael A. Scherer, Enquire Atlorney for Detentlllnt - , ,,,,,,^' ,~:.." cO',..; ,,' _, '. V;"Jiill~~'=' MASLAND '..W,IlIIMl...., tlilfMAUIIT61U1lT . cMLi.. '" ltolS CANI'HIlJ., PA 1'1011 _l1m14'062U PIlONIlllI1l71H40' j'MM 0 6 1998 ~~--~._'- LOIS A. KUNTZ, Plaint if f IN THE COURT OF COMMON PLEAS CUMBERI..AND COUNTY, PENNSYLVANIA v, 94-3281 Civil Term STEVEN E, KUNTZ, Defelldant IN CUSTODY ORDER OF COURT AND NOW, thi s ~ day of \'\':1 \ \ consideration of the attached Complaint. the partiee and their respective \U~II.~ll~L1h~~-, F:'j\' 1___ It:I{1 " ...uJll,(,pi,-, \1..\U(CLl'.\ I, "1 \ ,'. on the I day or- \'\L\'J . 1998, ate ,.r) .M., for a Pre-Hearing Custody COnfel'ence. At Buch con e!'ence. an ef fOl't wi 11 be made to resolve the iosues in diBplltej or if this cannot be accomplished, to def ine and narTOW the i SSlles to be heard by the court, and to enter into a temporary OIeder. All children age five or older may aleo be pl'esent at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. \ , 1998, upon it is hereby directed that counsel appear before the conciliator, at FOR TilE COURT, BYI-1\.l~~.\~ x.,~J~~ Custo y Conci ator, 't1T~m The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with lJiflilbilHies Act of 1990. For information about accessi bl e f ae! li ti es and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 houru prior to any hearing or business before the court. You must attend the flchedlllert confel'ence or hearing. YOU SlloULD TAKE '1'111 H PAPER TO YOUR LAWYER AT ONCE. I F YOU DO NOT IlAV~; A LAWYER Or< CANNOT AFFOIW ONE. no TO Or< TELEPHONE TilE 01'1'1 CE BET IfORTIl DEWW '1'0 Fl ND OUT WIIERE yOU CAN OET LEGAL HELP. Cumber! and County COIll"t Adm! nist rator One Courthouse Square Carlisle, PA POll (717) 240-6200 :"V'i ;:,:~ The father of the child is Steven E. Kuntz, residing at 347 "c" Street, Carlisle, Cumberland County, Pennsylvania 17013. He is not married. 4, The relationship of Plaintiff to the child is that of mother, The Plaint if f currently resides with the following persons I timl. Relationship Friend A. Daniel Varner, III 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: ~ Rebecca Lynn Kuntz Jessica Marie Kuntz Relationship Daughter Daughter 6. Plaintiff has participated as a party or witness, or in another capacity, on other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationehip to this action iSI The current custody order is attached as Exhibit "A". Plaintiff has no information of a custody proceeding other than above-mentioned concerning the child pending in a court of this Commonwealth. SAlOIS, GUIDO, SnUFF & MASUND 26 W, llith SIred Cllli.I"I'A 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 visitatlon rights with respect to the child, 2 7. The best interest and permanent welfare of the child will be served by granting the relief requested, Jessica has expressed an interest in residing with Mother. B. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, Plaintiff requests the court to grant her primary physical custody of the child, Jessica Marie Kuntz. Respectfully submitted, SAlOIS, S FF & MASLAND Dated: ,.-~-'tR I ~cott D. Moore, Esqu re 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for the Plaintiff SAIDIS, GUIDO, SIIUFF " MASJ.AND 26 W lII.h 5,,,,.1 CIIU,I., I'" 3 .~ @ MAY 2 0 1998 STEVEN E. KUNTZ, Defendant tIN THE COURT OF COMMON PLEAS OF tCUMBERLAND COUNTY, PENNSYLVANIA t tCIVIL ACTION - LAW t ,NO' 3281 - CIVIL - 1994 ,IN CUSTODY LOIS A. KUNTZ, plalnt!ff V COURT ORDER AND NOW, this :I~ iJ.. day of May, 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows' J 1. A hearing is scheduled in court4:l.oom No. r 0 the Cumberland County c~tru;e on the j"U\.. day of ' , 1998, at ~I,J 1m. at whicfi'tIiiiiJtestimony w: 1 e ta en n the above case. At this hearing the Mother, Lois A. Kuntz, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify at the hearing along with a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of August 24, 1995, shall remain in effect. /,1 BY THE COUR~, / ~~< J, oot Soott D. Moore, Esquire - C"'tu,,", n...:-..f"t,!J-/;J.'l/flt, Miohael A. Soherer, Esquire A .Il'. ., 'IN THE COURT OF COHHON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA , ,CIVIL ACTION - LAW , ,NO' 3281 - CIVIL - 1994 , IN CUSTODY LOIS A. KUNTI, Plaintiff V STEVEN E. KUNTI, Defendant Prior Judge, George E. Hoffer CONCILIATION CONn:RENCIJ S(}loK\RY REPORT IN ACCORDANCE WITH THE CUHBERLAND COUNTY CIVIL RULE OF PROCEDURE J91S.3-8(b), the undersigned Custody Conciliator submits the following report' J. The psrtinent information pert.aining to the ohildren who are the subject of this litigation is ae follows, Jessica Harie Kuntz, born Hay 1, 19851 and Rebecoa Lynn Kuntz, born December 2, J980. 2. A Conoiliation Conference was held on Hay 14, J998, with the following individuals in attendance' 3. The Mother, Lois A. Kuntz, with her counsel, Soott D. Hoare, Esquire, and the Father, steven E. Kuntz, with his counsel, Michael A. Soherer, Esquire. The existing Cuetody Order which hll/l been i/l placs si/lce 1995 provides for the Father having primary physical custody of ths two girls. Hother now suggests that Jessica, age J3, wants to move out of the Father's home and move in with the Hother. Hother is more than happy to take primary physical custody of Jessica. Father is unwilling to agree to this modification alleging that he has been the primary caretaker for the children and that Hother did noc adequately care for a/l older child, Jeremy, who lived with the Hother full time but who i. now emancipated. There is no opportunity to rf!llch an agreement at this point and a hearing must be scheduled. A hearing should take no more than one day. The Conciliator recommends an Order 1n the form as attached. 4. 5. ~118( 9! DATE