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HomeMy WebLinkAbout94-06249 ,I"i'" ,jl ., 1 ., , , ;" ," , .1 I' ,,J ~ ,.,] ii"~ ~:!{!:_H,,! ' l\:11 :{:i"t( il ]\'{I1. ":. . ['1';;,/1 '~tf , );'; ~ F' " ;t\ ~-iil ",'. ... 'J.. ;\Iil 't , --f. ':j ,.1, '_I' f I, "/ "" , . ',I, " " ,I' " ,,' I, , , , , ., ',1, I. \,:I/}l~ ! " fie~ '~ 'I " i .....~ , \ 'j'l'~ "~I ".'{I . , I.~ .' ~ ., .1 " ;'}4 1~ ,1'/ l'l,i,'" ~ J '.,' ;~. /'\1 I" ';r:) Ii (.~:)! ,,- \lj~ : il,fi(1 .. \., , . d Jjl~ :i_'F:'! I j" ,I i l', ',"\ '1 I:':) " '\,1': 'i. 0- 7- 3 " II , r. , ~.... .. .. _ -:oc- .. .. .. ~_~_:~_:~:~~ .~ .. '~_~...:-:II.!'!_~~~~_ .... _..~ I _,..;__.......-...... * ':mfNE PRINGER LUTZ. * * * .RANDALL L. LUTZ, * 8 8 * * 8 . . . ~ . . @ * * * 8 * , . 8 . t . ~-_-_-1.i::_-. - t . IN THE COURT OF COMMON PLEAS :' CUMBERLAND COUNTY STATE OF * PENNA. O!?/c'/NAL Plaintiff N().9.4~~,H.9.. ~,i.vi,1... 19 Vl'I'.'\llS Defendant DECREE IN : I V 0 R C E it 2-': Cf3 PA .8 . . . . ..f.l.. " 19 ~ ~ " it is ordered and : * decreed that. . . . . . . . . .E.ri~~t'l.E. .~!l.ING~F. .Will. . . . . . . . . . . . . . . . " plaintiff, * and.. . . . . . .. . . . . . . .. . . RANDA~L.L ~ LU.TZ. . .. . . . . . . . . .. . . . .. " defendant, 8 are divorced from the bonds of matrimony. * $ 8 * * 8 ~ ~ ~ '.* The court retains jurisdic:tion of the following claims which have been raised of record in this action for which a final order has not yet been entered; .Tt)~ .t~~nlf! .qf .t~"tt"d)~~i,t"~~tt1~f.lti'og~~f.lt.dat~. ~~pt~J:'. 2~, )<:!<:!!!.~ .i,I)<;q .J;'at~, .Ql,lt:;;I)qH .l)9t .r!(;!;'g~.tf.lt9. tl:l~. nf.l<;i~. PtY9n:~. ~9~~... ~'~y P. J. W Prothonotary ~ .:.;. .:;r.. ...:. .:<<. ...:. .:<<. .:.: .:.:. .:<<. .:.;. . . 8 * . 8 8 8 * 8 . . * 8 8 I, ~ . ~ .~ ;~ ~~ ~~~ ~'" ~ ~ 1~~ ~ N ~ f ',.... ~ ~ ,~ ~ f5 ~ ct~J ~I ~ . ~~ !~~~ ~!2~ .... .... ... +J ,~ .-i P. 1 .... ~ t ~ ~ ~ :! H ~ ~' .f" ~ ~! If ! 8 ~ ~ I I . ~ . ! ;: ~ ~ ~ i -,_ ;~:'4.~, . ... ~ p,- ... . ~ ..t. C( )NST,(N( T ft. nKllNT "rrll.~"" \1 (,,\t' ..,.... "'" - ... ". ,-.. 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 of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters relating to the custody and support of their minor children, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship; and WH.RaAS, both Husband and Wife have been fully, separately and independently advised of their legal rights and obligations, and each covenants that he and she has each made a full and complete disclosure to the other of his or her respective property, holdings and income; and The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of JILL M. WINEKA, ESQUIRE, as her attorney. The Husband has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the 2 ~' .., .",... .'" circumstances, fair and equitable, and that it is b~ing entered into freely and voluntarily after having received such advice and with such knowledge, 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony oendente ~, equitable distribution of all marital property owned or possessed jointly or individually by either party, counsel fees and costs of litigation, and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland CQunty or any other court of competent jurisdiction make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony oendente ~, equitable distribution of all marital property, counsel fees and costs of litigation. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and 3 .. . , . ...... ..' agree as follows: 1. S.PARATION. 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 provisions 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. 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 existence, separate and apart from the other, Each of the parties hereto completely understands and agr.ees that neither party shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 2. SUBS.QUKNT DIVORC.. The parties hereby acknowledge that Wife has filed a Complaint in Divorce in The Court of Common Pleao of Cumberland County, docketed to No. 94-6249 Civil Term, claiming that the marriage is irretrievably broken under the no- fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute contemporaneously with the execution of 4 .. . . . .tI!.. . .. this Agreement any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony, alimony Dendente ~, or support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating 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, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. tJotwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth her.einafter. s .... ." oIi,. . , , It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option at the aggrieved party, by a suit against the alleged breaching party either in law or in equity. 3. BPPBCTIVI DATB. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties lf 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. 4. DBSTS AND OBLIGATION$. The parties acknowledge that, as of the date of their separation, they had two outstanding loans with EDS Employees' Federal Credit Union, Ar.count No. 16785 000, in the approximate amounts of $3,488.77 and $9,627.48. The parties further acknowledge and agree that Husband has paid the entire balances outstanding on such accounts in full, together with additional interest. The parties further acknowledge that there was outstanding at the date of separation a balance owing on Discover Account 6011 0020 9851 3344 and that Wife incurred additional charges against the said account subsequent to the separation of the parties. The parties agree that Wife shall be solely and exclusively responsible for the entire balance due on the said Discover account and she shall indemnify and save Husband 6 ~.. .,J _. , , , harmless from any liability, claim or demand thereon. Wife shall provide evidence to Husband within thirty (30) days of the date of the execution hereof that said account has been closed and that the entire balance has been paid in full or that the entire balance on that said account has been transferred to a new account in Wife's indivinual name. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that, since the separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 5. ~UAL R.L&AS.S. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever 7 ~., ... tIA~, I j . , nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereo!, 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 laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary; or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony oendente ~, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arisj,ng or which may arise under this Agreement or for the breach of any provision hereof. It is the intention of Husband and Wife 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, and any and all claims of any nature, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 8 .. I' .. " _..' J'. fi . DIVISION 01' HOUS.HOLD AND P.RSONAL PROP.RTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except as otherwise Het forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the posseasion or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to the contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the posHession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provisions of the Divorce Code, at the time of the signing of this Agreement. 7. RalL .STAT.. The parties acknowledge that they were formerly the owners as tenants by the entireties of a marital residence situate at 1223 Highlander Way, Mechanicsburg, Cumberland County, Pennsylvania. The parties further acknowledge 9 ~ II ..' ..... I' th~t the said property was sold in August, 1997, and that Wife received an advance payment of equitable distribution at that time in the amount of $20,000.00 from the sale proceeds. The parties agree that wife shall also receive the remaining proceejs in the approximate amount of $46,915.00 and that she will retain all of the said proceeds as her sole and separate property. 8. VKHICLBS. Husband shall retain possession and ownership of the 1993 Saturn 4-Door Sedan, which is presently in his possession, free and clear of any claim, right, ticle or interest in said vehicle on the part of Wife. Wife shall retain possession and ownership of the 1988 Chevrolet Astro Van, which is presently in her possession, free and clear of any claim, right, title or interest in said vehicle on the part of Husband. 9. DISTRIBUTION or CASH ASSETS. STOCKS AND BONDS. The parties acknowledge that they are the joint owners of a checking account and a savings account with the EDS Employees' Federal Credit Union, Account No, 16785 000, which Husband has been using exclusively since the separation of the parties. The parties acknowledge and agree that Wife shall retain as her sole and separate property the $5,000.00 she withdrew from the said account in November, 1994. The entire remaining balance of the said account shall be Husband's sole and separate property, and Wife shall execute any necessary documents required to remove her name from the account. 10 ~" I' .... . , , Husband shall retain as his sole and separate property all shares of EDS stock owned in his name individually or in joint names with Wife, including any shares subject to the terms of the EDS Employee Stock Ownership Plan. Wife shall execute any necessary stock certificates or other documents to transfer sole and absolute ownership of all such shares to Husband and to release any interest she may have in the said Employee Stock Ownership Plan immediately upon demand. 10. PDSION. PROFIT SHARING. RIITIRtnI-m-. OR OTHBR DlPLOYIdNT-RIlLATIID PLANS. Husband shall retain as his sole aad separate property his entire interest and entitlement in the defin~d benefit retirement plan for EDS employees, Wife hereby expressly waives and relinquishes any right, claim or interest in such benefits or entitlement and agrees to execute immediately upon demand any and all documents as may be required by the plan Administrator to implement the provisions of this Paragraph. Husband shall also retain as his sole and separate property the entire balance in his account with the EDS Deferred compensation Plan. Wife hereby expressly waives and relinquishes any right, claim or interest in such plan and agrees to execute immediately upon demand any and all documents as may be required by the plan Administrator to implement the provisions of this Paragraph. The parties further hereby expressly waive and relinquish any right, claim, title or interest in any other II , . rtIt . I,' -. ' " . pension, profit sharing, retirement, or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. Each party shall ~xecute promptly on demand any documenta as may be required to effectuate the terms of this provision. 11. PROP.RTY S~LKMKNT. In addition to those assets distributed to Wife herein, Husband shall pay to Wife the sum of $6,000.00 as an additional property settlement. The said sum shall be payable at the rate of $150.00 per month, commencing thirty (30) days following the execution of this Agreement and continuing until paid in full. 12. CHILD CUSTODY. The parties agree that they will equally share legal custody of their three (3) minor children, with each party having an equal right of participation in making majex' decisions relating to the health, education, religious training and welfare of their said minor children. Each party shall make all reasonable efforts to keep the other party fully informed of all significant information and events relating t~ the children, including any medical treatment, school records and information and extra-curricular activity schedules and events. The par~ies will share the physical custody of their three (3) minor children, such that Wife shall have primary physical custody and Husband shall have liberal amounts of partial physical custody as the parties shall from time to time 12 . . .. ;, '.' ~,' l. agree, including a reasonable share of all major holidays and reasonable amounts of uninterrupted custody for purposes of vacations. 13. CHILD SUPPORT. The parties acknowledge that Husband has been voluntarily paying to Wife the sum of One Thousand One Hundred Dollars ($1,100.00) per month in child support for the three minot. children of the parties and agree that he shall continue to do so. Husband's payment of child support shall be subject to modification in the future based upon any changed circumstances. 14. MEDICAL INSURANCI. Husband shall continue to maintain medical insurance coverage for the three (3) minor children of the parties as is currently provided through his employment and to pay the entire cost of such coverage provided that it does not increase beyond the cost he is required to pay at the date of execution of this Agreement. In the event of any increased cost for the children's coverage in the future, Husband will pay 75' of any such increase and Wife shall pay 25' of any such increase. In the event that alternate group medical insurance coverage for the benefit of the children becomes available to Wife through her employment at a lesser cost, she will be required to provide such coverage for the benefit of the children. In that event, Husband will pay the portion of the premium amount required for the children's coverage to the extent that it equals the cost of providing coverage for them under his EDS employees' group medical insurance plan as of the date of this Agreement. Any 13 , , . J, I' ,," ~, .. I additional premium in excess of that amount will be divided between the parties, with Husband payment 75% and Wife paying 25% of said excess. 15. LIrB INSURANCB. Husband shall maintain in full force and effect insurance on his life in the amount of $150,000.00 for the benefit of the minor children for a period of twelve (12) years following the date of execution of this Agreement. Commencing April 1, 2010, and continuing until the youngest child of the parties reaches the age of 22 years, Husband shall maintain such life insurance in the amount of $100,000.00. Husband shall designate Wife's parents, Stephen and Bernidine Pringer, or the survivor of them, as co-Trustees of the said life insurance proceeds for the benefit of the children of the parties. 16. DBPINDBNCY BXBMPTIONS. Husband shall have the sole and exclusive right to claim the dependency exemption relating to the youngest child of the parties, Sheridan Lutz, commencing in 1998 and continuing in all future years. Wife shall have the right to claim the dependency exemption for the two older children of the parties, Mallory Lutz and Shelby Lutz, for such period of time as they remain in her primary physical custody. The parties shall execute immediately upon demand any and all documents required by the Internal Revenue Service or any other taxing authority to effectuate the provisions of this paragraph. 17. 1997 TAX RBTURNS. The parties agree that they will 14 . ,., ... ' I', ... It ..' cooperate in all necessary respects to file joint federal and/or state income tax returns for the 1997 tax year. Any additional tax liability or refund will be divided equally between the parties. 18. TAX_S. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party I'esponsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or IS . .' . ..... .~' ... I, ~'. accountant's fees. 19. ADDITIONAL INSTRUMKNTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. MODIPICATION AND WAIVBR. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. INTIRB AGRBBMBNT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly aet forth herein. 22. ~RIPTIVB HBADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. IHDBPBNDBNT S.PARAT. COVBNANTS. It is specifically understood and agreed by and between the parties hereto that each 16 .' . -" ...... . . . . . paragraph hereof shall be deemed to be a separate and independent agreement. 24. BRRACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be respons~ble for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 25. APPLICABL. LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUS.S. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AOR.KMKNT BINDINO ON H.IRS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WI~SS wa.R.Or, the parties have hereunto set their hands 17 :"1: ~.. ,,,,Q ~lt.: H:-.'J ~(') ~', '; .' G::" . I... .. ". u , u" t-; .. h- ..;J...f"' ~~ (!., i:~ .. ."l ;,~.~ , ~ tJ If) . ",. , ,1,1 I..l :_; ..r- ll(~ ',':; "J E~ -': IJJ tr. ~~ n ~ gl '" . a.. ~ ~~~ ~ ~ ; I ~ ~ i ) .B ~ ~ ~ -lj ~ ~ ~~~ ~ ~ ~ ~ lq ~ ...i . > I . ~ . . . ......ld.4...1 011-" 00/1''''''':' '."14" lit"", y ""bf~"", . .. . ELI,INE PRINGER LUTZ, Plaintiff INrH~ COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 9+6249 RANDALL L. LUTZ, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following informatio", to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under SH01(c) Sll91(iI){l) of the Divorce Code, (Strike out inapplicable section). 2. Date and manner of service of the Complaint: On Defendant, Randall L. Lutz, by certified mall, restricted delivery, on November 3, 1994, as evidenced by the Affidavit of Service filed on November 17, 1994. 3. Complete either paragraph (a) or lb). (a) Date of execution of the Affidavit of Con~ent required by S3301(c) of the Divorce Code: by Plaintiff: Seotember 24. 1998. by Defendant: Seotember 25. 1998. (b) (1) Date of execution of the Affidavit required by S3301(d) of the Divorce Code:~; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: Date of Filing: ~ Service on Defendant on ~ as evidenced by the Affidavit of Service filed simultaneously herewith. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Dale Plaintiff's Waiver of Notice in SH01(c) Divorce was filed with the Prothonotary: Simultaneously herewith. Date Defendant's Waiver of Notice in S3301(e) Divorce was filed with the Prothonotary: Simultaneously herewith. Dated:~t ",...., '."_'1,."'" .. ~, ..." I,,.., '"'. ".". VilA" "1(;0"01 . RUNTY DIVCR.;E ECDRO OF OR ANNULMENT u I'AU '11.1 D.t.U CU1tIerlend w tC.I[CK ONEI o HUSlANO NA'" WI' " RANDALL L. wrz t. ""tD'NC_ If,..,., 11,0 0'" .,.,.. ';"T;p-~-- ---"?ill,ur " 730 Kent Drive MechanicBbur':l PA 17055 I. 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'''",It} /O'rl /YH,J n OA" ,'I Ollll' NT '0 YIT..L "ICO"OI , .' ... 1I0HATU'" 0' Y"AN'C""IINQ C"I"1t -.. \:5 III O<H ~~ p.> ..1 ~~ ~! Up. ~ "- . o' ro8 Z ~e 0 8j t~ fIl~ 0<0 il:fIl ..1~ ~m He z!ci~z HUZUH . -:r en - ~,... ..-; j.- ....., ~.: I~ .1 ~:J . ~, '.. L::. :; ... .,~ ~, - - ....j -, ....) ", ) :0:: 0.- .... N ("') - I, j (-,. ,~j ll~~ l.O :;;u ... c-:>> :on: .... .... ... .... N ~ ...... ::> <0 ..1.-i P. ~ fIl t:l Z H ~ P. fIl Z H ::'i fIl r:J 'n \;-,\n\-j ~~ ')l .'<") ~ ~ '-.. ,............. -.. ,,-,0 .....'- ::t ..... ~ ,..( r-- ~ ...., Ir) 's '- ........ ~ ..... "';"'> \ ~~I~ ~~ .~..... ...... >--J ~ '--i. t} .-- ~ - ,-.:. ~ -..~.. t'- C;' ~..~ In . > ... ~ <0 'tl . ~ N V E-<.... ::>v ..10 Z ~ o-l ...: o-l o-l ...: o Z ...: a<: ...: fIl ::> 0 Ul 0 a<: U ::> p. fIl I-<U \oloa<: U 0 a<:-> OUH >-0 HH OO\ol M:I: ZMe--. H Z"- i~ 0 0 ZH H~-O <<l:U'tlCXl o-l\ol-'" 0..(/)1"""41"""4 X 0 OOM"- UE-<MO ~ ~... ";' 'Q ::: g ~ ,t>i ~ ~ ~ ; i ] S i ~ ~ . . . . . , ELAINE PRINGER LUTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA -1 NO. Cf4- V). tif cr~LJ--t~ v. RANDALL A. LUTZ, Defendant IN DIVORCE CIVIL ACTION - LAW HQIIC. TO D.r.ND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the Complaint in the following pages, you must take prompt action. You are warned that if you fail to do 00, the case may proceed without you and a Decree in 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 the~e 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 irretriev- able breakdown of the marriage, you may request marriage counsel- ing. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO Cl~IM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse 1 Courthouse Sqaure Carlisle, PA 17"3 (717) 240-6200 ELAINE PRINGER LUTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. v. RANDALL A. LUTZ, Defendant IN DIVORCE CIVIL ACTION - LAW COMPLAINT IN DIVORC. AND HOW, comes Plaintiff, Elaine Pringer Lutz, by her attorneys, Purcell, Krug & Haller, and avers as follows: COUNT I DIVO.C. PURSUANT TO S.CTION 33011c) or 3301(4) OP TH. DIVORC. COD. OP 1980 1. Plaintiff is Elaine Pringer Lutz, an adult individual who currently resides at 61 East Main Street, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Randall A. Lutz, an adult individual who currently resides at 1223 Highlander Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months ~mmediately prior to the filing of this complaint. 4. Plaintiff and Defendant were married on June 2, 1984 in Camp Hill, Pennsylvania. 5. Neither party has previously commenced an action in divorce or annulment. \. 6. Neither of the parties in this action is presently. member of the Armed Forces, 7. The Plaintiff and Defendant are both citizens of the United States. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that the plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. WHIRlrORI, Plaintiff requests the Court to enter a Decree in Divorce. COUNT II laUITABLI DISTRIBUTION 10. Plaintiff repeats and real leges the averments contained in Paragraphs 1 through 9 as if more fully set out at length herein. 11. Plaintiff and Defendant possess various items of both real and personal property which are subject to equitable distribution by this Court. 2 .....'0.., Plaintiff requests the Court to equitably distribute the marital property. Respectfully submitted, M. Wineka, Esquire At orney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dat;edl 10 /3' /lItJ 3 . VERI'ICATION I, ELAINE PRINGER LUTZ , the l'l~n~iff in the within Iction, heeeby verity that the taot. oontained in the fQregoing Comolaint in nivnrrA are true Ind oorreot to the be.t of my 'knowledg., information and bell.t. I underHand thlt hI" .tatement. made herein are .ubj.ct to the penalti.. of 18 Pa, C,S,._' 'eotion 4904, relating to unsworn fal.ificltion to authoeitiel, ~r>. ..d ~ ~-:tO '- J ~ . - Elaine p~inger Lutz Dated. 10/31/94 - tJ V"-.~ , , -.......J - .... If) . -..J ~ c": <.. f': ~ ~ f'~ .. . ~ ~ .. - ~: .-. ~ ~ p. ... '!~: C"'I ,', ~ 11 c ,." I , , ); \.l..: ,j . , ~ ~ ~ " t-. ~ ~. ," '.J - ~ el~ g,> ...1 Z;..::E Ollie:.: ~Z~ Z[-o ~ UP-..:l .... '" .> o ..... OU roU II: a- ::H:l"'~ O~NU U -oar: 10 ~II:"'> :c~a-"" roCll 0 z~ci:z ....uz.... .... .... .... N'" ro Co ::>... ...1 III .-. c>:P- I.:! (J Z H c>: P- I.:! Z H :3 I.:! '" C III '0 C Ql ..... NQl (-00 ::> ...1 ~ [-0 Z H .0: ...1~ P-U ;EC>: 00 u> .... 00 ~ OZ z.... ~ ~ ~ ~ ; i . .' ~J~~ f ~ ~ f .l 'l q ~ > . .0: ..:l ..:l .0: o Z .0: c>: . . . .......1'.. 1."",..1."U" _"14' 0filI..:w oo.~ ""'" U~~"1'I\f "I ..... .. . .. ....... .A . - . ELAINE PRINGER LUTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO, 94-6249 CIVIL TERM v. RANDALL A. LUTZ, Defendant IN DIVORCE CIVIL ACTION - LAW ANKND.D COMPLAINT IN DIVORC. AND NON, comes Plaintiff, Elaine Pringer Lutz, by her attorneys, Purcell, Krug & Haller, and avers as follows: COUNT I DIVORC. PURSUANT TO SECTION 3301(0) or 33011d) or TH. DIVORCE COD. or 1980 1. Plaintiff is Elaine Pringer Lutz, an adult individual who currently resides at 6230 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2, Defendant is Randall A, Lutz, an adult individual who had a previous address of 1223 Highlander Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this complaint. 4. Plaintiff and Defendant were married on June 2, 1984 in Camp Hill, Pennsylvania. 5, Neither party has previously commenced an action in divorce or annulment. 6. Neither of the parties in this action is presently a member of the Armed Forces. ... . , 7. The Plaintiff and Defendant are both citizens of the United States. e. The marriage is irretrievably broken, 9. Plaintiff has been advised of the ava.ilability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate ~n counseling prior to a divorce decree being handed down by the Court. WHIRI'ORI, Plaintiff requests the Court to enter a Decree in Divorce. COUNT II laUITABLI DISTRIBUTION 10. Plaintiff repeats and realleges the averments contained in Paragraphs 1 through 9 as if more fully set out at length herein. 11. Plaintiff and Defendant possess various items of both real and personal property which are subject to equitable distribution by this Court. WHIRI'ORI, Plaintiff requests the Court to equitably distribute the marital property. :2 " COUNT UI ALIMONY 12. Plaintiff incorporates herein by reference Paragraphs 1 through 11 as if set forth at length. 13. Plaintiff lacks sufficient funds to provide for her reasonable needs and is unable to support herself through appropriate employment. Respectfully submitted, Jil M. Wineka, Esquire Att rney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated: I 2-1 II q 7 3 .. . .' ..... C.RTI.ICAT. 0. a.RVIe. I, JILL M. WINEKA, ESQUIRE, do hereby certify that I served a true and correct copy of the Amended Complaint in Divorce upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Constance P. Brunt, Esquire 2941 North Front Street Harrisburg, PA 17110 Attorney for Defendant, Randall A. Lutz Ji M. Wineka, Esquire At rney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated: 121Slq, '.. ELAINE PRINGER LUTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 94-6249 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. RANDALL A. LUTZ, Defendant I , (. 1 I. UrIDAVIT or SIRVIC. I, JILL M. WINEKA, ESQUIRE, being duly sworn, depose and say that a copy of the Complaint in Divorce was mailed by certified mail, restricted delivery, return receipt requested on November 3, 1994 to: t.; ,,', Randall A. Lutz 1223 Highlander Way Mechanicsburg, PA 17055 The return receipt card was signed by Randall A. Lutz on November 8, 1994. The original certified mail receipt and the signed return receipt card are attached hereto. Respectfully submitted, ,. .. /,J' I, , , ~I !. , . . .,' t.l Ji M. Wineka, I. 1158802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Sworn to and subscribed to I {itl-. day of 1 ! I :j before me this i\ . ~~. \ . \[~I.J~.'- ~~ , 1994. //~';//'/ /' ( /_,'.:../' d". . . . Notary Public NOlanl' 5.11 CIltfyl L. W"Ih. Nolary PlJIlIlC HIInIlO"rg, OIUp/lln County My Commllllllon (.p"" MIY t1, 1891 . )' ~ I ~ JilL ~ .11 j U N 'J~u~ ~I~ Il\ ,., ~~ Il\ " o .... ' .... '.0 i' '../\' "-.) 'it <l ".J \11 .,. .,. j J:i! :.... ~ 1M .. I ~ i~ ~ f .. ,~ ,,,,.... Q. 01. ~ cee IljQllW 'oole lWO,j ." .~ j j I J \ ~ ~ I nri . '~j ,;;, - ~ '!~!!!!i ~:'1 ~ d >- 04 .t' ~ ..... M ..... .... .... --..,.--" HI, , ' 1.,;,-" T.1'1 , , . ,I "",;/_i~""" I I I 1 .1 .... BLAID PRIIfGBR LUTZ, Plaintiff v. IN TIIB COURT OP COIOION PLEAS OP CUllBIlRLAND COUNTY, PBHNSYLVANIA CIVIL ACTION - LAW No. 94-6249 Civil Term RANDALL A. LUTZ, Defendant IN DIVORCE PRAIlCIPB TO: Lawrence E. Welker, Prothonotary: Pleaee enter the appearance of CONSTANCE P' BRUNT, ESQUIRE, a. couneel for Defendant, RANDALL A. LUTZ, in the above-captioned matter. DATE: l2/i(?f /~ /d;) ~Q,~P'~~ CONSTANCE P. BRUNT, ESQUIRE 3901 North Front Street Harrieburg, Pennsylvania 17110 (717) 232-7200 Attorney 1.0.'29933 Attorney for Defendant ~B ~~ ~~ ~~ ct ~ j J~ t .j ~ ~ ~ ~~t:J t' " ~I ~~ ~ ~ . O. I ~;8~! ~ C1;o-l ~ 25 Ud o~o'"" ...0<,"" ~~f:j~ ~!~~~ ~~~;~ ...~~~~ ~ ~ 'l:l ~ ~ ~ ~~ > . '<< ... 7. <l. o 0 . '" ',J" ". . '~ '7;i ~ ~ l- ~ ~ ~ j g~ .! r =~ ~ > ~ << .. i. . ,it llt. '. . ....'d. "...,..' _nUl' ."'1". ......"",.,..".1WH1U"!Io,.,. . . . . r . \-n }.-r:> '-t: :..:. ~ 1~~ ~. ~ q:~J ,~ ~ ~ j ~ ~ ~~d , I" , , ' I , .. " , i'" . ~~ ... '" ~h~ II ~ ... i Of:joo ," '" E-o <~ g~ ~tl~~ ... ~~o~ .2l ~~~a ~ . ~ O. I I ~8"'i5 IhU r~ . ....:i ~ 1o-l ~ > ~ ~ 25 ~~ 0 ~ ~ -<J ~ ~ . 2 s g~~ << . ,,' ~ ~:;l ~ " . - 1 ' i ~ - . . . .. . ,. .....'.."...1'.. '."'/.1'."1" "1IlIIlIOll OOA'W'lIMl'ltJWllt.,'!Y .'''; . BLAIn PRINOBR LUTZ, IN TH. COURT or COMMON PLUS or CUMB.RLAND COUNTY, PBNNSYLVANIA Plaintiff CIVIL ACTION - LAW v. RANDALL L. LUTZ, NO. 94-6249 Civil Term Defendant IN DIVORCI D.r.HDANT'S A,rIDAVIT or CONSINT AND WAIVlR or NOTICI 0' INTINTION TO RIOUIIST INTRY O'-A.... DIVORCI DICRI. UHD.R 13301lcl or THI DIVORCI COOl 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 1, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Decree of Divorce and have signed the Waiver of Notice of Intention to Request Entry of a Divorce Decree under ~3301(c) of the Divorce Code. 4. 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. 5 . Divorce be sent I understand that I will not be divorced until a Decree in is entered by the Court and that a copy of the Decree will to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit a~e true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. OATE: 'II;:; I'll f , 4H--~'--" RANDALL A. LUTZ, Defendant A ,. ILAINI PRINGIR LUTZ, Plaintiff I IN THI COURT or COIQION PLIAS or CUMBERLAND COUNTY, PINNSYLVANIA . . . . : NO. 94 ~ 6249 civil ve. RANDALL A. LUTZ, Defendant : : IN DIVORCE ORDER OF co'ffi{ /1 ~ AND NOW, thh ~ day of ~ 1998, the economic claims raised in the proceedings having been reeolved in accordance with a marital settleDent agreement dated September 24, 1998, the appointment of the Master is vacated and coune~l can file a praecipe tranemitting the record to the Court requeeting a final decree in divorce. BY THE COURT, P.J. co: Jill M. Wineka Attorney for Plaintiff Constance P. Brunt Attorney for Defendant _ ~dJ ."""'-.1.,( I ~ /25' /'1' , J,. f>. " ,'\\c,.,~\-:ld Vl\, i\',"'r\ _\ j'1t\rO kL'\(1()" C. ' . ,. O~ :0\ WJ (I G l.'JIl \.\u , .,;, ~\j "'c!J~C~&~~tO-'b~i(~ - . . " . , financial and property rights and obligations as betwe~n each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters relating to the custody and support of their minor children, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship; and NHBRIAB, both Husband and Wife have been fully, separately and independently advised of their legal rights and obligations, and each covenants that he and she has each made a full and complete disclosure to the other of his or her respective property, holdings and income; and The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of JILL M. WINEKA, ESQUIRE, as her attorney. The Husband has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the 2 , . , . . circumstances, fair and equitable, and that it is being entered into freely and voluntarily atter having received such advice and with such knowledge, 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney ot the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony Dendente ~, equitable distribution of all marital property owned or possessed jointly or individually by either party, counsel fees and costs of litigation, and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony Dendente li~, equitable distribution of all marital property, counsel fees and costs of litigation. NOW, THEREFORE, in co~sideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other go~d and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby. covenant and 3 , , . agree as follows: 1. SIP&D&TION. 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 provisions 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. 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 existence, separate and apart from the other. Each of the parties hereto completely understands and agrees that neither party shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 2. SUBSIOUINT DIVORCB. The parties hereby acknowledge that Wife has filed a Complaint in Divorce in The Court of Common Pleas of Cumberland County, docketed to No. 94-6249 Civil Term, claiming that the marriage is irretrievably broken under the 1I0- fault, mutual consent provision of Section 3301lcl of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and expI'ess their intent to execute contemporaneously with the execution of " . ' . this Agreement any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony, alimony pendente ~, or support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, ati 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, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. s . It is specifically agreed, however, that this Agreement shall be subject to enforcem8nt under the provisions of the Pennsylvania Divorce Code or, at the option at the aggrieved party, by a suit against the alleged breaching party either in law or in equity. 3. .,rICTIVI DATI. The effective date of this Agreement shall be the "date of execution" or "execution date". defined as the date upon which it. is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DIBTS AND OBLIGATIONS. The parties acknowledge that, as of the date of their separation, they had two outstanding loans with EDS Employees' Federal Credit Union, Account No. 16785 000, in the approximate amounts of $3,488.77 and $9,627.48. The parties further ackno",ledge and agree that Husband has paid the entire balances outstanding on such accounts in full, together with additional interest. The parties further acknowledge that there was outstanding at the date of separation a balance owing on Discover Account 6011 0020 9851 3344 and that Wife incurred additional charges against the said account subsequent to the separation of the parties. The parties agree that Wife shall be solely and exclusively responsible for the entire balance due on the said Discover account and she shall indemnify and save Husband 6 . . . ,,\ harmless from any liability, claim or demand thereon. Wife shall provide evidence to Husband within thirty (30) days of the date of the execution hereof that said account has been closed and that the entire balance has been paid in full or that the entire balance on that said account has been transferred to a new account in Wife's individual name. I . I I , I . r I Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. , i Wife represents and warrants to Husband that, since the separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless fronl any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 5. MUTUAL RILIASIS. Husband and Wife do hereby mutually remise, release, quit-claim or fox'ever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever 7 . i I nature and wherever situate, which he or she now has or at any time hereafter may have against such 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 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 partic~pate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support 01' maintenance, alimony, alimony Dendente~, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is the intention of Husband and Wife 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, and any and all claims of any nature, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof, I' , i ., h 'i., ,. \1 8 IS . DIVISION or HOUSIIIIOLD AND PIRSONAL PROPIRTY. The parties hereto have divided between themselves, to their mutual satiefaction, all items of tangible and intangible marital property. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the aigning of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to the contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plan'] or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provisiono of the Divorce Code, at the time of the signing of this Agreement. 7. RIAL ISTATI. The parties acknowledge that they were formerly the owners as tenants by the entireties of a marital residence situate at 1223 Highlander Way, Mechanicsburg, Cumberland County, Pennsylvania. The parties further acknowledge 9 . that the said property was sold in August, 1997, and that Wife received an advance payment of equitable distribution at that time in the amount of $20,000.00 from the sale proceeds. The parties agree that wife shall also receive the remaining proceeds in the approximate amount of $46,915.00 and that she will retain all of the said proceeds as her sole and separate property. 8. VlHICL.S. Husband shall retain possession and ownership of the 1993 Saturn 4-Door Sedan, which is p~esently in his possession, free and clear of any claim, right, title or interest in said vehicle on the part of Wife. Wife shall retain possession and ownership of the 1988 Chevrolet Astro Van, which is presently in her possession, free and clear of any claim. right, title or interest in said vehicle on the part of Husband. g. DISTaIBUTIOH or CASH ASSITS. STOCKS AND BONDS. The p"rties acknowledge that they are the joint owners of a checking account and a savings account with the EDS Employees' Federal Credit Union, Account No. 16785 000, which Husband has been using exclusively since the separation of the parties. The part.ies acknowledge and agree that Wife shall retain as her sole and separate property the $5,000.00 she withdrew from the said account in November, 1994. The entire remaining balance of the said account shall be Husband's sole and separate property, and Wife shall execute any necessary documents required to remove her name from the account. 10 Husband shall retain as his sole and separate property all shares of EDS stock owned in his name individually or in joint names with Wife, including any shares subject to the te~ms of the EOS Employee Stock Ownership Plan. Wife shall execute any necessary stock certificates or other documents to transfer sole and absolute ownership of all such shares to Husband and to release any interest she may have in the said Employee Stock Ownership Plan immediately upon demand. 10. PINSION. PROrIT SHARIiji. RITIRIMINT. OR OTHIR ~PLOYM.NT.RlLATID PLANS. Husband shall retain as his sole and separate property his entire interest and entitlement in the defined benefit retirement plan for EOS employees. Wife hereby expressly waives and relinquishes any right, claim or interest in such benefits or entitlement and agrees to execute immediately upon demand any and all documents as may be required by the Plan Administrator to implement the provisions of this Paragraph. Husband shall also retain as his sole and separate property the entire balance in his account with the EDS Deferred Compensation Plan. Wife hereby expressly waives and relinquishes any right, claim or interest in such plan and agrees to execute immediately upon demand any and all documents as may be required by the Plan Administrator to implement the provisions of this Paragraph. The parties further hereby expressly waive and relinquish any right, claim, title or interest in any other II . pension, profit sharing, retirement, or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. Each party shall execute promptly on demand any documents as may be required to effectuate the terms of this provision. 11. PROPIRTY SITTLININT. In addition to those assets distributed to Wife herein, Husband shall pay to Wife the sum of $6,000.00 as an additional property settlement. The said sum shall be payable at the rate of $150.00 per month, commencing thirty (30) days following the execution of this Agreement and continuing until paid in full. 12. ~D CUSTODY. The parties agree that they will equally share legal custody of their three (3) minor children, with each party having an equal right of participation in making major decisions relating to the health, education, religious training and welfare of their said minor children. Each party shall make all reasonable efforts to keep the other party fully informed of all significant information and events relating to the children, including any medical treatment, school records and information and extra-curricular activity schedules and events. The parties will share the physical custody of their three (31 minor children, such that Wife shall have primary physical custody and Husband shall have liberal amounts of partial physical custody as the parties shall from time to time 12 . agree, including a reasonable share of all major holidays and reasonable amounts of uninterrupted custody for purposes of vacations. 13. CHILD SUPPORT. The parties acknowledge that Husband has been voluntarily paying to Wife the sum of One Thousand One Hundred Dollars ($1,100.00) per month in child support for the three minor children of the parties and agree that he shall continue to do so. Husband's payment of child oupport shall be subject to modification in the future based upon any changed circumstances, 14. KlDICAL INSURANCI. Husband shall continue to maintain medical insurance coverage for the three (3) minor children of the parties as is currently provided through his employment and to pay the entire cost of such coverage provided that it does not increase beyond the cost he is required to pay at the date of execution of this Agreement. In the event of any increased cost for the children's coverage in the future, Husband will pay 75\ of any such increase and Wife shall pay 25\ of any such increase. In the event that alternate group medical insurance coverage for the benefit of the children becomes available to Wife through her employment at a lesser cost, she will be required to provide such coverage for the benefit of the children, In that event, Husband will pay the portion of the premium amount required for the children's coverage to the extent that it equals the cost of providing coverage for them under his EDS employees' group medical insurance plan as of the date of this Agreement. Any 13 . '. additional premium in excess of that amount will be divided between the parties, with Husband payment 15' and Wife paying 25' of said excess. 15. LIrl INSURANCI. Husband shall maintain in full force and effect insurance on his life in the amount of $150,000.00 for the benefit of the minor children for a period of twelve (12) years following the date of execution of this Agreement. Commencing April 1, 2010, and continuing until the youngest child of the parties reaches the age of 22 years, Husband shall maintain such life insurance in the amount of $100,000.00. Husband shall designate Wife's parents, Stephen and Ber.nidine Pringer, or. the survivor of them, as co-Trustees of the said life insurance proceeds for the benefit of the children of the parties. 16. DIPIHDINCY IXIMPTIONS. Husband shall have the sole and exclusive right to claim the dependency exemption relating to the youngest child of the parties, Sheridan Lutz, commencing in 1998 and ,continuing in all future years, Wife shall have the right to claim the dependency exemption for the two older children of the parties, Mallory Lutz and Shelby Lut.z, for such period of time as they remain in her primary physical custody. The parties shall execute immediately upon demand any and all documents required by the Internal Revenue Service or any other taxing authority to effectuate the provisions of this paragraph, 17. 1"7 TAll I_TURNS. The parties agree that t.hey will 14 . " cooperate in all necessary respects to file joint federal and/or state income tax returns for the 1997 tax year. Any additional tax liability or refund will be divided equally between the parties. ,\ 18. TAX.S. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property i~ not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes aasessed against the other resulting from the division of the property as herein provided. I>',' ,- " The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming dny impropel' deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or IS . 0, . . accountant's fees. 19. ADDITIONAL INSTRUKlHTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisiono of this Agreement. 20. NODI'ICATION AND NAIVIR. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. INTIRI AORIININT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. DISCRIPTIVI HIADINOS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. INDIPINDINT SIPARATI COVaNANTS. It is specifically understood and agreed by and between the parties hereto that each 16 t, paragraph hereof shall be deemed to be a separate and independent agreement. 24. BaBACH. If either party breaches any provioion of this Agreement, the other party shall have the right, at his or her election, to sue for damages for ouch breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and coste incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or r.elief as may be available to him or her. " 25. APPLICABLI LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSIS. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGRBDDIT BINDING ON UIIRS. This Agreement shall be binding on and shall inure to the benet i t ot the part ies hereto and their respective heirs, executors, administrators, successors and assigns. IN N1T1Q188 WHI.IOr, the parties hall'e hereunto set their hands 17 .. . .. " .. . COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN On this ,,J,(,< day of I" (( , 1998, ,,' bofore mo, the undersigned officer, personally appeared RANDALL A. LUTZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. /1 / , / . "';)'~l(~'" Notary Public ) ,I , r" * * * . * . . . Nolaria' Seal ConsldnCll P BrunI. NOlar}' PubHc Hamsburg. Dauphin Count My Cummlssion E,plres Ocl 212001 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN ~. , 1998, On this~)I~ay of before me, the undersigned officer, personally appeared ELAINE PRINGER LUTZ, known to me (or satisfactorily proven) to be the persoll whose name io subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public 19 Holtrt" ~ ,ulIlII ..._-=~~IOOI ELAINE PRINGER LUTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. RANDALL A. LUTZ, Defendant NO. 94 - 6249 CIVIL 19 IN DIVORCE STATUS SHBBT DATE: ,~. 12/11/97 <--. I 1'1 ( t -, "i'r - ... LAW OFFICES Y'~~&~ JOHN 'W PUKCUL HO'W...KD .. UUCl LION , HALlII' JOHN" PUa.CILL. JR. VALlIlII A. GUNN JILL M 'WINIK... tIt!AN J TYUK NICHOLl M. STALlY 1719 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17102,2392 TELEPHONE (717) 234.4178 FAX (717) 233,1149 E.MAlL, Iawepkh.com "'llIItHl" 11171 .~,J.,J.,J' JO.I~H ,......1'111.'0.1...' December 23, 1997 E. Robert Elicker, II, Esquire Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Lutz v. Lutz No. 94-6249 civil -- In Divorce Dear Master Elicker: As you are awa~e, I represent the Plaintiff, Elaine Pringer Lutz in the above-capti.oned divorce action. I am in rt!!ceipt of your correspondence dated December 15, 1997, in which you indicated that you would only address the Equitable Distribution claim. Please be advised that I did file an Amended Complaint in Divorce, prior to filing the Motion for Appointment of a Master. In the Amended Complaint, I included a claim for Alimony and paid an additional $15.00 in order to add the new Count. Therefore, I would respectfully request that the Plaintiff's claim for Alimony be addressed in addition to the economic claim of Equitable Distribution. Since~ely , (1 jJ. '!ri )1~"J4''-'' ~~- M, Wineka JMW/bas ce: Elaine Pringer Lutz !FJI(III1 M, ,{,Jk 0/ E. ROBERT EL.ICKER, \I .'"It\.u. W~ I ~~~~ ~~~~ +0 ~ \. ~i~ :&4 ~)~ ~r-~-M~ ~~, ,~ ~ I ~(-r)ol<i1 ,. 'AJC, (717)1)1-0155 CONSTANCE P. BRUNT ATTORNEY AT LAW 2941 North Fronl Slr..1 Harrl.bul'll. PA 17110 ~ (717)13107100 I'IIaNo. 1414.1 October 26, 1998 E. Robert Elicker, Il, Esquire Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 RE: Elaine Prlnaer Lutz v. Randall A. Lutz No. 94-6149 Civil Term. In DIvorce Dear Bob: Punuant to your request, I am enclosing two copies of the Marital Settlement Agreement signed by the above-captioned parties on September 24, 1998. It is my undentanding that you will now prepare the necessary Order to vacate your appointment in this matter, so that the divorce can be finalized. Please feel free to contact me if you need anything further. Very tru}fyours, //1 ""~~ CONSTANCE P. BRUNT I' f CPB/srS Enclosures cc: Jill M. Wineka, Esquire Randall A. Lutz ". f: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELAINE PRIr<<;ER wrz, Plaintiff vs, RANDALL A. wrZ. NO. 94-6249 CIVIL 19 Elaine Prinqer Lutz a master with respect to the (X) Divorce ( ) Annulment ( X ) Alimony ( ) Alimony Pendente MOTION FOR APPOINTMENT OF MASTER (Pla1.ntiff) (ladllllllaK*) , following claims: moves the court to appoint Lite ( X) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (~a) appeared in (by his attorney, Constance P. Brunt, Esquire (3) The staturory ground(s) for divorce (is) irretriAvahle breakda"m of the marriaqe. (4) Delete the inapplicable paragraphls): (a) The action is not contested. (b) An agreement has been reached with respect to the none (c) The action is contested with respect to the following ni~trihlltinn ~rty The action (~ (does not involve) complex issues of law the action ~iII..) ,Esquire) . <iIn) following claims: claims: 1I.liT1Yln~ ( I or fact. (6) The hearing is expected to cake 1/2 __(l1ooft) (,day). (7) Additional information, if any. relevant to the motion: Date: lzlt/en I. for (Plaintiff) ~~ ORDER APPOINTING MASTER AND NOW hc:/Y.JJCi~ ,y ,1922, 2-, duL,/,Ll 2...1, 'c /{~'L. is appointed master with respect to the following claims:..L:'" ..~ (~. {...._vo' Esquire, ~ B he Court: \ (~ I, \~-~ ----. // . J , FILmOFf!GE CF "r I"~ I .., '!I'r: 'JT~H'{ g7 nee .' '.\J IJ,; 2.:!'-iQ I"U'fl" . I' , ,., 1~ll')' \.I \\",,';" "L11....U:,.ll I'L~I'I:"::?(l.lj,\i"Hi\ " >I J" " i;- VJ , .,J " C' ,.:: .. .. ; rC .'1- ).. I .....,. ;or.: '" f .,~; ',' " '( i:r;l " U') Ui" I I .' [l,;\,' L' ,~ 1 i'd ., L.u '.;.1..1.. t-. W l.:., r'- ~j, 0 0" W