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HomeMy WebLinkAbout96-00385 f . '7 ~ ~ 3 / I , ; i ~ J lf1 00 rf) " - 'J . . , , , .,"'.. .~_.~~~~~~~~~~~~~-~~*~)~.~~~.~-~~~~ e -'- ----~~,---~" ------------ 8 e 8 8 8 8 8 g 8 $ 8 8 ~ ~ ~ S s IN THE COURT OF COMMON PLEAS ,;, ... !, ,;, ... 8 ~ 8 .:. :, " ;it ~.' .', ~ ,~ ~ ~ s s w ... ~ ~ * ~ ,. * .. Oy lT~,e CO,,, ~ "- !~ ~. i'" I~ ~ Attest: ((~.d.o /. ;,u,~: ~~.::/ J. i~ ~ :e~n<l I:'. ~4 . Q;L : ~ " 7 - 'T C/' Prothonotnry (", '" (~ ~ ",' ,..::;..; -:;::- .:.:: ~:.:.- ::.:. -.:.:. .:.:-' .:.:.~ ::.:. .:+:. ::.:.' .:.; -~:.~- ".:.:: ".:.:. .:.:. .:.:. .:.:. .:.:. ~.:.:,"-.':.:.' ':.:'~ ~.:.'~ .:.:: ::.:. .:.:. ::.:. .:+:. .:~t ." ~ s OF CUMBERLAND COUNTY STATE OF '*' PENNA. .:. " ,;, " ,;, " 8 ,;, " " ...... d. .1 'I N o. ~~,~,3.,~,5,,,,,. ",,",""""" 19 !il " W 0;' NORMAN E. WERTZ , 'I " 0;' Vl'I':;;ll!,; ~ ',' * CHRISTINE E. WERTZ ~ ;;, ., 8 DECREE IN DIVORCE AND NOW, ".~~,l:-:-:" ,~,.," 19,99,.., it is ordered and decreed that........... ~~,~~~~..~'.. ~,E,~~~...,................. plaintiff, and. ...... ,...., ..C,~~,I,S:q ~~..~'.. ~,E,~H, .. .... .. .... .. ,.., .., defendant, are divorced from the bonds of matrimony. The attached property settlement agreement is hereby incorporated but not merged into this decree. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entertd~~ ,;, ., ,;, " ~ " ,;, ., ~ ~ " ,;, ., 8 " ~ w '.' ~ 0;' ~ e ~ . ....... .,...... ..... .......... ......... ........ ... ... .................. "f e1'3.~ {}v/.t~~ ~~~ 1:3.p; 71~ .'f~.a~ ~ ~ ~ ,,'...... - '. ....".' '., It .~ . '. '. PROPERTY SE1"I'LEMENT AGREEMENT "{~ O~ r f/{ J TillS AGREEMENT. made this Ilf day of :rlJ tJ e ,1998. hy and between CHRISTINE E. WERTZ, of lIarrishurg. Dauphin County. Pennsylvania (hereinaRer referred to as "WIFE") and NORMAN E. WERTZ, of New Cumherlallll, Cumherland County, I'ennsylvnnill (hereinaOer referred tn liS "IIIJSIIANU"): wrrNESSETII: WHEREAS. the parties were married on July 10. 11)76. in York Ilnven, Pennsylvania. and; WHEREAS. Iwo children have been born orthis marriage. namely September, age 20, and Cody, age 8; WHEREAS. diverse. unhappy dirrerences, disputes allll difficulties have arisen helweenlhe parties allll il is Ihe inlentinnllf WIFE allllllUSIIAND tn live separate and apnrt. and the Pllrties hereto arc desirous of sellling fully and Iinally their respeclive Iinaucial nnd property rights and obligations as hetwecn each other. including. withoutlirnitation hy specilielltion: the sellling of nil mailers hetweenlhem relating to the ownership and equitahle distribution of renl and personal property; sell ling of allmallcrs hetweenthem relating to the past, present allll future support, alimony and/or maintenance of WIFE hy IIUSBAND or of IIUSBAND hy WIFE; nnd in general. the sCllling of any and all claims allll possihle claims hy one againstlhe other or againstthcir respeclive estates. . . . NOW, TIIEREFORE, in consideration orthe premises and orlhe mulual promises, covenants and undertakings hercinaner sel rorth and ror other good allll valuahle consideration, receipl orwhieh is herehy acknowledged hy each orthe parties herelo, IIUSBAND and WIFE, each intending 10 he legally bound herehy covenant and agree as rollows: I. SEfARATION: HUSBAND allll WIFE shall at all times hereaner have the right to live separate and aparl rmm each olher allll to reside rmmtime 10 time at such plllce or places as they shall respeclivcly deem lit, rree rrom any control, restraint or interrerence whatsoever hy Ihe other, Neither party shall molest the other or endeavor 10 compel the other to cohabit or dwell with him or her hy any legal or other proceedings. The roregoing provisions shallnol be taken to be an admission on Ihe part or either HUSBAND or WIFE or the lawrulness or unlawrulness or Ihe causes leading 10 their living apart. 2. ~: Each party shall he rree rrom interrerence, authorily. allll conlact hy the other, as rully as irhe or she were single allll unmarried. except as may he necessary to carry Ollt the provisions or this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other. nor compel the other to cohahitate with Ihe other, or in any way harass or malign the other, nor in any way interrere with the peaceruJ existence, separate and apart rrom the other, allll each or the parties herelo completely understands and agrees that neither shall do or say anything to Ihe child orthe parties at anytime which might in 2 . anyway innuence the child adversely against the other party, it being the intention of both parties to minimi7.e the effect of any such separntionupon the child, J. i\GREEl\1ENillO.IA>>Alt TO D.lYQR(;.E..fl\'O_t:EEVJj~U;S: This Agrecment shall not be eonsidercd to affect llr har the right ofllUSBAND or WIFE to a divorce on lawful grounds as such grollnds now exist or shall hereaner exist or tll snch defense ns may be available to either party. This Agreement is nol intendcd tn COllllonc and shallnol be deemed 10 he a condonation on the part of eithcr party hereto of any act or acts on the part of the other party which have occasioncd the dispntes or unhappy differences which have occurred prior to or which may occur subsequent to the date hcreof. 4. Sl!JJ.5.E.QUENT IHVillKE: The pnrties hereby acknowledge that HUSBAND has liIed a Complaint in Divorce in Cumberland Connty to Dockct No. 96-3115, claiming that the marriage is irretrievably broken under Section 3311I(c) of the Pennsylvania Divorce Code. WIFE hercby expresses her agreement that the marringe is irretrievably broken and expresscs her intent to cxecutc any and all Affidavits or other documents necessary for the parties to obtain an absolute divorcc pursuant to Section 330\(c) of the Divorce Codc at the same time as she cxecutes this Agreement. The parties hereby waive all rights to requcst court ordered counseling under the Divorce Code. It is furthcr specifically understood and agreed by the parties that the provisions of this Agreement as to equitablc distribution of property of the parties arc accepted by each party as a final selllement fllr all purposes whatsocver, as contcmplated by the Pennsylvania Divorce Codc. 3 c' -' ." , "'~ Should 0 decree, judgment or order of divorce be obtained by cilher of the partie~ in this or any other statc, country or jurisdiction, cach ofthc parties hereby consents and agrec~ that this Agreemcnt and all of it~ covcnants shallnol he arrcelell ill any way by ~uch ~eparation or divorcc; and Ihat nothing in any such decrce, judgment, order or furthcr modincntion or revision Ihercof shall oller, amend or vlIry any tcrm of this Agrecmcnt, whethcr or 1I0t either or both of the partics shall remarry, 1\ i~ the ~pecinc intcnt of the Imrties to pcnnit thi~ Agrccmcnl to ~urvivc IIny judgmcnt I1l1Iltn hc fnlcvcr hillllinl\ 111111 cnnclmivc Upllll thc pnrlic~, 5. INCORPORATION IN DIVORCE DECREE: I< is further agrced, covcnanted and stipulated that this Agreemeut, or thc cssenlial parts hercof, shall bc incorporated in any decrec hereinancr entercd by any court of competent jurisdictiou ill auy divorcc proceedings IImt havc bccn or may be institutcd by Ihe parties for thc purpose of enforcing the contraetllal obligations ofthc partics. This Agreement shall not be mcrged in any such dccrec but shall in all rc~pect~ sUfl'ive thc samc and bc forever binding and conclusivc ullOn thc parlics, 6. EFFECl'IVE DATE: Thc crrcclivc date of this Agrccmcnt ~hall be lhe "datc of executiou" or "cxccution datc," dcnued as thc datc upon which it is cxccutcd by thc partics ifthcy havc cach cxccutcd this Agrccmcnt on thc samc datc, Othcrwisc, lhc "dalc of cxccution" or "cxccutiou dalc" of lhis Agrccmcnt shall bc denncd as thc datc of cxccutiou by thc party lasl cxccuting this Agrccmcnt. 4 . 7. DISTRIBUTION IJAn;: The Irnn5fer ofprnpert)'. fund5 amI/or documents provided for herein. shall only take place onlhe "distribution" dale which 5holl be delined as Ihe date of exeeulion orthis Agreement unle55 otherwise specilied herein, Ilowever, the support and/or alimony payments, if any, pro\'ided for inlhis Agreemenl shall take effect os set forth in Ihis Agreement. 8. MUTUAl. REI.EAS..:: IIUSBANIJ and WirE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all lime 10 come, and for all purposes whatsoever, of and from any and all rights, title and inlere5t, or claims in or against the property (including income and gain from property hereaner accruing) of the other or against the estate of such other, of whatever nature and wheresoever siluated, which he or she now has or at any lime hereaner may have againsl the other, Ihe est ale of such olher or any part thereof. whether arising out of any fomler acts, contrncts. engagemenls or Iiabililies of such other or hy way of dower or curtesy. or c1aim5 in the nature of dower or curtesy or widow's or widower's rights, family exemption or 5imilar allowance. or under Ihe intestate laws, or the right to take agains{ the spouse's will; or the righ{ 10 treat a lifetime conveyance hy the other as a lestamentary, or all other righl5 of a surviving 5pouse to participate in a deceased spouse's estate, whether arising under the laws on a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereaner sholl have for pa5t, present or future support or maintenance, alimony, alimony pemlen{e lite, counsel fees, division of property. costs or expenses, whether arising as a result of the marital relation5 or otherwise. except, all 5 ..--.-......_1. . rights and agreements And obligations of whatsoever nature arising or which may arise under this Agreement or for the breAch of any provisions thereof, It is the intention of IIUSBAND and WIFE to give each other by the execution of this Agrecment a full, cumplete ami general IclclISC wilh rcspccltullIIY IInd IIl1plupcrty Ilr III1Y kiml Ill' nlltnre, rClIl.pclsunll1 Ill' mixell, which the other now owns or mAY hcreancr aClluire, except ami only execpt 011 rights ami agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisiun thereof. It is further agrced tlmlthis Agreemcnt shall be And constitute a full And final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims purSUAl1tto the Pennsylvania Divorce Code or the divorce lows of Any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by EMII.Y I.. 1I0FFI\IAN. Esqulr~, counsel for HUSBAND and USA MARIE COYNE, Esquire, counsel for WIFE. IIUSIJAND ami WIFE acknowledge that this Agrcemcnt is not the result of any duress or undue innuence and that it is not the result of any collusion or improper or illegal agreement or agreements, The parties further acknowledge that they have each made to the other 0 full accounting of their respective Assets, estate, liabilities, and sources orincome And that they wAive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any future time raise AS a defense or otherwise the lack of such disclosure in Any legal proceeding involving this Agreement with the exception of disclosure that may have been Ii ...'..' ~,"~.e . fraudulently wilhheld, to. WARRANTY AS TO EXISTING OBLIGATIONS: Ilach party represents Ihallhey have nol heretofore incurred or con{rncled for any dehl or Iiabilily or obligalion for which lhe estate oflhe uther party may be responsible or liable e~cepl as may be provided fur inlhis Agreement. Ench pntty ngrees to indemnify allll hold Ihe olher patly harmless for and againsl any allll all such debts, liahilities or obligations of every kind which may have heretofore becn incurred by them, including those for necessities, e~cepl for Ihe obligations arising oul orchis Agreement. II. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, wilh Ihe e~ception of obligations set forth in this Agreement, neilher orchem shall hereaner incur any liability whatsoever for which Ihe estate oflhe olher may be liable, Each party shall indemnify allll hold hannless Ihe other party for and against any and all debts, charges and Iiabililies incurred by tbe olher aner Ihe execulion date of this Agreemenl, excepl as may be olherwise specifically provided for by Ihe tenns of this Agreement. 12. J!EJ[f.j)Lnll~LmJ:;S: IIUSIlANI> agrees lu pay allll be solely responsible for Ihe debl owed 10 Bla7.er in the approximate amounl ofS2,947,37 and for any and all olher debts in his name, HUSBAND agrees 10 indemnify and hold WIFE hannless from any and all liability associated with said debt. 7 ~ ":1"" WIFE ngreeN 10 pny nnd he Nolely reNponNihle for nny nnd nil dehtN in her nnme, WIFE agrees 10 indenlllify IInd hold IIUSBAND haonless from any and allliahility associated with said debt, 13. PERSONAL PROPERTY: The parties have divided hetweenthem, to Iheir mntulIl slIlisfllelion, the personal crfeets, household fU01iture ami furnishin&N, ami all other articles of personal property which have herelofore heen used hy them in eornlllon, aud neither party will make any claim to any such items which arc now in Ihe possession or under the control orthe other. Should it hecome necessary, the parties each agree 10 sign nny titles or documents necessary 10 give errectlo this paragraph upon request. By these presents, each orthe parties hereby specifically waiveN. releases. renounces and forever abandons whatever claims he or she may have wilh respect to nny perNonal property which is in the possession of the other. and which shall become the sole ami separale property of the other fromlhe dale of exeeulion hereof. 14. DANK ACCOUNTS: J1USIlAND and WIFE acknowledge that they each possess certain bank accounts alllllhe like in their respeclive names. They hereby agrce Ihat each shall become sole owner of their respeclive accounts and Ihey each hereby waive any inlerest in. or claim to. any funds held by the other in such accounts, 8 . '. I'ENSIONS. ANNUnn:S AND/OR RETI~l\IErn.DEriErn:s: r + .H r. ~.~ ",ih, ,,,h..,,\- 'I~_ t...~.c.: \\1, HUSBAND agrees to transfer the amount of S I ,600.0o...from his retirement account to WIFE's ~~ i"rI.o-I\ "- IRA upon cxccution of this Agreemcnt. Exccllt as otherwise sct forlh hercin, WIFE IIgrccsthat JiS-\~~"~I'o'" , {" 'Ii ,I, (I r . '~)' i I fv' 15. IIny monies which IIUSBANl> hilS nClJuircdthrough his intcrests in cither pensions. profit sharing, savings andlhrin plans, annuities and/or retirement benefits through his present or past employers, which was in the approximate amount ofS2.766,Oll as of the date ofseparalion. shall remain his sole and exclusive property. WIFE agrees to waive any interests she may hnve in such property and further agrees that she will not assert any such claim in the future. HUSBAND agrees lhat any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings andlhrin plans, annuities and/or retirement benefits through her presenl or past employer shall remain her sole and exclusive property. HUSBAND agrees to waive any interests he may have in such property and further agrees that he will not assert any such claim in the future. t6. MOTOR VEI1Kj,J'~: The parties agree tlmlthe 19lJll'onliac Iran sport shall hecome the sule IInd exclusive property ur IIUSIIANI>, The title tuthe sllillnllltur vehicles shall be executed by the parties. if appropriate for affecting transfer. as herein provided, upon request. IIUSBAND agrees to be solely responsible for the amounts presently due and owing against his or her resllective automobile. HUSBAND agrees to indemnify and hold WIFE hannless for said outstandingluan on the automohile. 9 17. AFrER-ACQUIR~D PROPERTY: Each of the parties shall hereaner own and enjoy, independently of any claim or right oflhe other, all items of property, be {hey real, personal or mixed, tangible or intangible, which arc hereaner aC1luired by him or her, with full power in him or her to dispose of the same as fully aud efTectively, in all respects and for all pUl'J1oses as though he or she were unmarried, 18. INCOME TAX PRIOR RETURNS: The parties have here{ofore filed joint Federal and state tax retums, Doth parties agree thaI in the event any deficiency in Fcderal, state or local income tax is proposcd, or any asscssmcnt of any such tax is made against eithcr orthcm, each will indemnify and hold hamlless the other from and against any loss or liability for any such lax deficiency or assessmcnt and any intercst, penalty and expense incurred in conncction therewith, Such tax, intercst, penalty or expense shall be paid solely and entirely by the individual who is finally detemlined to be the cause of the misrepresentations or failures to disclose the nature aud extent of his or her separate income on the aforesaid joint relums. 19. APPLICABILITY OF TAX LAW TO PROPERTY TRAriS.EEBS: The parties hereby agree and express their intent that any transfer of property pursoantto this Agrcement shall be within the scope ami applicability of lhe Deficit Reduction Act of 1984 (hereinaner lhe "Act"), specifically, the provisions of said Acl pertaining 10 the transfers of property between spouses and fonner spouses. The parties agree to sign and cause to be filed any elections or olher documents required by Ihe Internal Revenue Service to render the Act 10 applicable to the transfers set forth in this Agreement withont recugnitionl1f gain on such transfer and subjecttl1the carry-over basis provisions of the said Act. 20. WAIVER 011 ALIMONY: IIUS8AND and WIFE recogni7,e and acknowlcdge that the foregoing provisions for their individual benefit arc satisfactory with regard to support and maintcnance, past, presen{ and future. The parties release and discharge the other absolutely and forevcr for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or main{enance, except as specifically provided for herein, Thc parties further acknowlcdge thaI iu consideration of the lransfers made herein each complctcly wah'es and relinl(uishes any and nil claims and/or demands they may now have or hereaner have against the olhcr for alimony, alimony pendente lile, spousal support and counsel fees. except as spccifically provided for herein, 21. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effec{ aner such lime as a final Decree in Divorce may be entered with respect to the parties, 22. BREACH: If either party breaches any provision of this Agreement, the other party shall ha\'e the right, at his or her election to sue for damages for such breach or seck such other remcdies or reliefas may he availahle to him or her, and the party hreaching this contract shall be responsihle for payment of reasonahle legal fees and costs incurred by the other in enforcing their rights under this Agreemcnt. II o 23. WAIVER OF CLAIMS: Except as herein othenvise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any allll all rights he or she shall now have or hereancr acquire, under the presenl and fulure laws of any jurisdiction, to share in the property or the estate of Ihe other as a result of the marital relationship, including wilhoutlitnilation. dower. curtesy, statutory allowance, widow's allownnce. right 10 tnke ill intestacy. right to take against the Will of the other. alld the right to act as mhninistrntor or executor of the other's estate. and each will. at the request of the other, execute, acknowledge and deliver any and all instnnnents which may be necessary or advisable to carry into efTeclthis mutual wah'er and relinquishment of all such interests. rights and claims, 24. ENTIRE AGREEMENTS: This Agreement contains the entire understanding orthe parties and there arc no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. FINANCIAL DISCLOSURE: Each orthe parties herelo acknowledges that he or she is aware of his or her right to have the real and/or personal property, eslate and assets. earnings and income of Ihe other assessed or evaluated by the Courts of this Commonwealth or allY other court of competent jurisdiction. The respective parties do herehy acknowledge. recognize and accept that there has been full and fair disclosure to the other of his or her assets alld liabililies, and each party agrees Ihal any right 10 further disclosure, valuation. enumeration or statement hereofin this Agreement is hereby specifically waived and the parties 12 do not wish to make or append hereto any further enumeration or stntement, The parties hereby acknowledge and agree thatlhe division of the marital assets as sel forth in this Agreement is fair, reasonable and equitable, and is satisfactory to Ihem, 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and thcir respective heirs, execlllors. ndministrntors. successors nml nssigns. 13 27. ADDITIONAL INSTRUMENTS: Each oflhe parties shall from time 10 time, at the requesl of the olher, execute, ncknowledge and deliver to Ihe other nny and all further instruments thaI may be reasonably required {o give full force nnd effec{ 10 the provisions of this Agreement. 28. VOID CLAUSES: Ifany tenn, condilion. clause or provision of this Agreement shall be detennined or declarcd to be void or invalid in law or otherwise, Ihen only that {cnn, condition, clausc or provision shall bc strickcn from this Agrccmcnt nnd in all othcr rcspects this Agrccmcnt shall bc valid and continuc in full force, cffect ami oJlcration, 29. INDEPENDENT SEPARATE COVENANTS: II is spccifically undcrstood and agrccd by and bctwccnthe parties hcrcto thaI cach paragraph hercof shall be deemed to be a separate and independent Agreemcnt. . " 30/' ',)-;MUDlFICATION AND WAIVER: A modification or waiver or any or ~ '.. . . , the provisions or this A'greemen{ shall be elTective only irmode in writing Rnd executed with , , the some romlalily as this Agreement. The roilure or either party 10 insislllpon stricl perronllance or any or the provisions or this Agreement sholl nol be construed as a waiver or any subsequent deraults orthe same or similar nature. 3t. DESCRIPTIVE 11.EAlllrIDS: The descriplive headin!!s used herein are ror convenience only. They shall have no alTect whatsoever in detennining the rights or obligations or the parties, 32. APPLICABLE LAW: This Agreemen{ shall be construed under the laws or the Commonwealth or Pennsylvania and more specifically under the Divorce Code or 1980 and any amendments thereto, IN WITNESS WHEREOF, {he parties herelo have sellheir hands and seals the date and year first above wrillen. r (, Crlldl /, III "- WITNESS .) . ) 4) . ''1 (/ '~ ,') I I},-" , (', t' .if ..-(SEAL) NORMAN E. WERTZ-" 14 EMILY LONG HOFFMAN AI/onley al LAw 105 North Front Street P,O. Box 11475 Harrisburg. PA l7lal-1475 (717) 233-1112 .--,,~7) 234-2234 , . t-...._._~ NORMAN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 96-385 CHRISTINE E. WERTZ, Defendant : CIVIL ACTION. LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted on February 2, 1996, by the Defendant as evidenced by the Acceptance of Service, 3, (a) Date of filing of Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: April 9, 1999. (b) Date of service of the Plaintiff's Affidavit upon the Defendant: May 3, 1999. 4, Related claims pending: None, 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: served via certified mail on June 16, 1999, by certified mail, return receipt requested, receipt # ~ 391 14\ 8'3g Ano rt!c"',~ C>>J I./n 1'1'1- Emtly Long fInan, Esquire Sup. Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 Date: ,"," ~ -. ~- .... C') (;: i:t: .;: Z ~::'; .. :"4 - """)., Ill,,, .- ;:>=? ~!i~ ..~. ,~ c.:: i";:'; :;}~. '. <.(.. ~~~ ""')'1 C\;' ('001 .t:~ ~-,:J : -' :1.11 '.- .') '10. .." ..;;. IJ_ en "5 0 0' U ~~ ~~ . . -- - -. . NORMAN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, qlv - ,_~<;? 5 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY v, CHRISTINA E. WERTZ, Defendant ORDER OF COURT AND NOW, this Jet(\""'-"I ,31, le;'j~upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear et" ~ 5:>\'~h \~+h 5\ ' before..ill, CVVl, ,I 1:S,., '~J,/.t. the conciliator, at Cn r",;, \~; \ \ . on the -;J;rnr{ day of C- h,",<II'( ,1996, at--Ro'clock t. m., fora Prehearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child/children who are the subject(s) of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT: /\' /" r}1! , ,I U'hu I!... 1:I9yt:}/J I~. CUSTODY G9NtILl~1fOR YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO 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, Office of the Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 F;I;:;'-OT'i"," l-',-: ";' '" "'::'.: ...:.: ,~"'!,:~/",'i,( ~' t , ,-... r-'."'I ~.) ~':.',"2 f'l ?, ')7 I ...' t. (' " '"".,': :,":. '>.:'f .,/~;~~;"h'{ l"">""..lt' /,].\ '''"'''1 cJ . ~'~t- a.l t'?j II(~ -Q. <';~ ~II'IU';~ a.~ . ft" 'Jlrfu IiIA~JJ/, # ~. J . 9" (bjJ;t /,1ttc.uI ~'" /l'1.,6l~ P , if if -t i~ d , {:J a i "}i, 1 1. ~ ~-' ~; C> .- .) J "" (-;, (-: I' I) ,,' :.:.~ :...\ -J () It) f) ~., lur~ i"~ ~ Ifl (,2(: . :;, <J '" ~ u " rf) ..'::) fl..; ( '. If) :J I[} /j" ~'. ,) ,.. lr) (;.ry ~ n (~ . .- iJL: " .-j:, - ~ n (." I. ., -r -. , It)' :t f..:l. ~~ : ;'! tlJ ,.() . fl..:. ~; ; ! l~ ~.~ t) ..., :.) 1=" ~ t. , U ':f '" U o II II a .. 1/J X II :: g ~ !: ~ ~ ~ : " . ~ . = E ~ Ii ~ I Z d ~ ~: L rl ~ ~ x " t! ~. ;;.~ ~.:' ::./ t c:. . . :t.t<TI......:. .'h".'NH ^ "'"UUNIIU': ^ f rUIHU:Vn J. I' LAY'; HA"'RlOiHH1'..l P.,..,..8VLv........'A 171In,O,.,n . .. 0, ",,~ O"](J'\O (/' . . NORMAN E. WERTZ. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO, q lJ, - 3 jf.5 C,.,:.U T~\....\ CIVIL ACTION - LAW IN DIVORCE AND CUSTODY v, CHRISTINA E, WERTZ. Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fall to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce Is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 !'" < NORMAN E, WERTZ. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CHRISTINA E. WERTZ. Defendant COMPLAINT UNDER SECTION 3301(c) or 33011d) OF THE DIVORCE CODE I. Plaintiff is Nonnan E, Wertz. who ha.~ resided at 145 15th SlrCet. New Cumberland. Cumberland County. Pennsylvania for the last five years. 2. Defendant is Christina E. WerlZ, who ha.~ resided at 1365 Universal Circle. S!. SLCphen. Berkeley County. Soulh Carolina since January 15. 1996. 3. Plaintiff and Defendant have heen bona fide residenLS in the Commonweallh for at least six (6) monlhs immediately previous to the filing of this Complain!. 4. The Plaintiff and Defendant were married on July 10. 1976 in York Haven. Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neilher of lhe parties in this action is presently a member of the Anned Forces, 7. The Plaintiff and Defendant are bolh citi7,Cns of lhe United States, 8. Plaintiff has been advised of the availability of marriage counseling and that he may have lhe right to request the Court to require the parties to participate in such 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. 9. The Plaintiff avers that the marriage is irretrievably broken, - 2. ..'~ ....>,.. .." ,........ . COllNT II - CUSTODY 10. Paragraphs I Ihrough 9 are incorporaled herein as if sel forlh fully. II. There are Iwo children born IOlhis marriage. namely SeplCmber Werl7., age 18. and Cody Werl7.. age 6, 12, Plainliff desires Ihe cuslody of Ihe minor child, Cody. born Oclober 21. 1989. and is capable of giving said child Ihe necessary parenlal care and a proper and heallhful environment 13, The child was nol born out of wedlock. The child is presenlly in Ihe cuslody of Chrislina E. Werl7. who resides al 1365 Universal Circle. SI, Slephen, Soulh Carolina, 14, During Ihe pasl five (5) years. Ihe child hlL~ resided wilh Ihe following persons atlhe following addresses: ~ Address ~ Chrislina E. Wert7. her sister. brolher-in-Iaw and lhree nieces and nephews 1365 Universal Circle SI. Slephen, S,C. January 16, 1996 10 present Nonnan E. Werl7.. Chrislina E, Wert7. Virginia Wert7. SeplCmbcr Wert7. Chrislina E. Wert7. 145 15th Street New Cumberland, PA 17070 1990 10 January 16,1996 15, The mother or the child is Christina E. Werl7., currently residing al 1365 Universal Circle, St Slephen. Soulh Carolina. She is married. 16, The father of Ihe child is Nonnan E, Wert7. currently residing at 145 15lh Streel, New Cumberland. He is married, - 3 - . ~ ,.,<. ..."".~.~:,t" 17. The relationship of the Plaintiff to the child is that of falher, The Plaintiff currently resides with the following persons: ~ Relationshin Virginia Wertz MOlher September Wertz (Just entered the Anny) Daughter 18, The relationship of Defendant to the child is that of mother, The Defendant currently resides with the following persons: ~ Relationshin Cody Wertz Son Cindy Sister Steve Brother-in-law Three nieces and nephews 19, The Plaintiff avers that he is a fit person to raise the minor child and that by awarding him legal custody. the best interest and penn anent welfare of the child will thereby be promoted. 20, Plaintiff has not participated in any other litigation nor knows of any other litigation concerning the custody proceedings in a court of this or any other stale, nor docs he know of any person not a pany to these proceedings who has had physical custody of the child or claims to have custody or visitation rights. 21, The Plaintiff requesL~ that he be granted primary custody and that a reasonable visitation schedule be set up by the Court regarding visitation of the parties' minor child by Defendant. - 4 - WHEREFORE, Plaintiff requesl~ this Hunorable Cuurt: (A) Enter a decree in divorce; (B) Award custody of tbe child to the Plaintiff and establish a reasonable visitation schedule for Defendant; (C) Grant such further relief as the Court may deem equitable and just. DATED: II.)LI I q~ MHO I By: Respectfully submitted, METrE, EVANS & WOODSIDE ~ -f. tJ{Lr- Emily L. Hoffm n, Esquire Supreme Court 1.0,# 66307 Post Oflice Box 5950 Harrisburg, PA 17110 (717) 232-50()() - 5 - .... ,....,,~, ~RIFICATION I, NOKmnr( LJ~K-T2. . verify that the statements made in the foregoing document are true and correct to the best of my knowledge, I understand that falee statements herein made are subject to the penalites of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authoritiee, NOJ:!.tn,.lr! Date: \ 1~19l" ,.~'.~'.--... F If) '-. ...'" l!J !.; I'" n " " ~-- (') , ..- . t:: . Jt... '''- , j~ f~: C' ., t~_ ,-'(~ ---. -~.~ 6,. .. '. LU ~. "..) r~~ I:;, J :::-~ (: L.~: t 'd ...- ,t I.l- I , c~ tJ') :. " , .) . . .. , . . .. o II " I ~ Or: o ~ ~ ~ j! 0 ,. z. 4 ~ ~ : " nil ~ ~ ~ d 111 ~ ~ 0: ~ ~ I ~ c :t ='1.,....-..1(. .~\..~NH 1* '\"UCJlJHIJU1 ATtORN...... A,. LAW HA,,"..tslJnu pI;NNn...t.Y"~4'A 17tIO.Ol,J110 " ,. 0 nfl. DU'IO ......-~'t;~. . II , NORMAN E. WERTZ, PlaintilT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-385 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY v. CHRISTINA E. WERTZ, Defendant AFFIDA VIT OF SERVICE I, Emily L, HolTman, Esquire, do hereby certify that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested, on February 2, 1996. The original signed retum receipt, number Z 187529894, is attached hereto and made a part hereof. Respectfully submitted, C. f; ,(;C~ d--II-II!~ Emily L, HolTman, Esquire Sup. Ct. 1.0. 1166307 340 I North Front Street P,O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 Attorneys for PlaintilT Date: February 12, 1996 67134 I .-'-......>. . ' ;."" ...,...-- . " . .. _ t._ ':'~'!Snir.~1~l!.~:"-'ff~A"~1';"~~~ '. : ., ;,., .w~" ,......,..~'. :, \>) r.;;;j,;""li.' i l:>t"iJ.Ilt:,",J.. . ..,,-: " .". .' . ..' ,- . ',: .' '.' .:;' "< " '.. "'11 .;....~ ,.'com,IoIo__,I_',..--....... I 1110 WIeh"IO,~, !he".", l'~= =ond':::;;"" ~ of ~ ,........... we... ~:lf:,W:Aiodd~_" '!~.~Aendd'ra"iclr.."_t,:,!,;I: :..'"....., tNo '""".. "" ..... .,"" _, .. on'" _ II __ 'I' ~t;:~~;~,~;.1ql u...,.on..._;......~-........2, i!f'RlltIlcIId DIUvlfY " ;~I!, ;~r.,.}'wtI-.._..._w..~ond...- Conoull IImOIiei fOr fM. t;; }~:'M!~,,'~~IO: __ 414b.. ASlntrvCllocaNTumypobor , ' ,1""',,,';",,',"'):'.' :;;;"'Cliriilt1naE,Wertz . ; ',',1365Universel Circle .:' r , 0 Roglalered 0 lneured ,>t", 0/",S~;Stephen.S.C,lA!'9479 ;' iii Cantflocl 0 COD ' HI [t:JF' "0 Expr... Mill 0 RllUm RllCOlpl for!:j j 7. Dlla pl-q1,IIV:t t. is", ' Cl' " .,( S, Addr.alH'a Addrlaa (Only If req, U~",t" ,'," end f.. I. plldl " "" e'l! .i ~ lit.it i!U',liH ~~l\: tIl; t-- - >~J~ ,.u.a._l" _714 DOMESTIC RETURN,RECEII.,ti: e:; 81gn1\Ure lAgenll ' , H !p~l:! r.'" '1'1"'11' , ,,' '1'1' t.L"l.riZit,..,,,- .,' I.' l,' . i, l' 1;. t it.ll;fl!l,f~ ' " DOOOlJ!bIt' 1'~1 t' __ .'.\, ~'- '~>i';"; -; ; . . ,t. ". .. ., /-; .. . ., . . .. I . NORMAN E, WERTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 96.385 CHRISTINE E. WERTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you, or the statements will be admitted, PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE I. The parties to this action separated in January 16, 1996 and have continued to live separate and apart for a period of at least two years. 2, The marriage is irretrievably broken, 3, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. Section 4904 relating to unsworn falsification to authorities, -rl ~ Mnr-- [ !jvb ~-J~) Nonnan E, Wertz :f / tf "I ?:: c:: -,., .. ~~r ?;10 - ,_),-.-: H::!:j .~ u-<- " ~g; Cl. C)::s .':,. c.-J ',. CTl ""en .0. f :"J% f.t ~,L: ~ if;.... tJJ(jJ ;::.: CI.. ~CL -.:; -'" 15 CTl ;:) CTl U :?'- if U) e o " ~~u ...l ~ E ~ .l 5 ~ ~ h ~~ ,'\ < a ... = a == ~ .. ~ , . "",/1.1:"- j'_";'L.f.)1 , r1.~R 26 '/99Bbt-- NORMAN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTINA E. WERTZ, Defendant CIVIL ACTION - LAW NO. 96-385 CIVIL TERM IN DIVORCE AND CUSTODY AND NOW, this """L1 ORDER day of Vt~ I , 1996, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence except that Defendant was not present due to her relocation to South Carolina, but that Joan Carey, Esquire, had authority to act on her behalf and represent Defendant solely as it relates to custody, It is hereby ordered and directed as follows: 1. The parites will share legal custody of the minor child, Cody Wertz, d.o.b. 21 October 1989. 2. Physical custody of the minor child will be as follows: A. During the school year, the child will reside with Father. B. From the first Sunday following the end of school until one week prior to the return of school, the child will reside with Mother. , ;',y,,".',,:-{< . C. Over the Christmas holiday, from the dey after school ends preceding the Christmas holiday until the day before school starts at the end of the Christmas holiday, the child shall reside with Mother. D. During the spring or Easter break, from the day following the beginning of the Easter break until the day before school starts at the end of the Easter break, the child shall reside with Mother. This Easter holiday will not begin until 1997. 3. Father Is to pick up the child on 21 March 1996 and will have the child until the beginning of the summer vacation as identified in Subparagraph 2(8). 4. Transportation shall be shared between the parties such that the parties will meet half way between their respective homes. The parties are to determine a half way point. The sharing of transportation is conditioned upon Mother living in South Carolina. Should Mother move from South Carolina further away from Father's residence, then Father is not required to share transportation unless the parties otherwise agree. 5. The parties shall have reasonable telephone access with the minor child while the child is In the other party's custody. ">__,,,".n 6. Custody or visitation between the parties may occur at such other times as they mutually agree. 7. Pennsylvania will maintain jurisdiction 0, ~,~~,.order. BY THE COURT //1 / ,/I ( 1// ( :(11\ J. Emily Hoffman, Esquire Attorney for Plaintiff {'~ rn";'" O.L 3/~/qi:.. --u ' ,>b, 6'. Joan Carey, Esquire Attorney for Defendant mlb NORMAN E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-385 CIVIL TERM vs. CHRISTINA E. WERTZ, Defendant IN DIVORCE AND CUSTODY JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-S(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who Is the subject of this litigation is as follows: NAME BIRTHDA TE CURRENTLY IN CUSTODY OF Cody Wertz 21 October 1989 Defendant/Mother 2. A Conciliation Conference was held on 7 March 1996, and the following Individuals were present: the Plaintiff and his attorney, Emily Hoffman, Esquire. The Defendant did not appeared but was represented by her attorney, Joan Carey, Esquire. 3. Items resolved by agreement: See attached Order. 1 ",,';'~~{'" ..,.", ~,,-.-:r..'~- _ 4. Issues yet to be resolved: See attached Order. ",~,"'T'.',,'..~' 6. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested and the Conciliator does not believe any is necessary. 8. Need for independent psychological evaluation or counseling: Neither party requested and the Conciliator does not believe it is necessary. Date: 14 March 1996 Michael L. Bangs Custody Conciliator 2 ,. " NORMAN E, WERTZ, Plaintiff VB. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 96-385 CIVIL TERM CHRISTINE E. WERTZ, Defendant : CIVIL ACflON - LAW : IN DIVORCE AND CUSTODY PRAECIPE Dear Sir: Please withdraw my appearance as attorney of record for the Defendant in the above- referenced matter. Respectfully submitted, ~~ Legal Services, Inc, 8 Irvine Row Carlisle, PA 17013 I I ~ "'''*r' \.--~. '.:.... 4 '" ..:1' i-" I .., r IJ~ -:r..\, fl-:: n' I' ,-. :1 (:,' I , iii /, i';I~ ./ : '. ,i '-~.. I :01.: .' ~ r- I 0' CJ " .~ G '~,.......~} " NORMAN E. WERTZ, Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLNAD COUNTY, PA vs, : NO. 96-385 CIVIL TERM CHRISTINE E, WERTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRAECIPE Dear Sir: Please enter my appearance as attomey of record for the Defendant in the above- referenced matter, Respectfully submitted, / -hM--- ~trvvU G~ LISA MARIE COYNE, Esquire 3901 Market Street Camp Hill. P A 17011-4227 (717) 737-0464 Pa, S, Ct, No, 53788 _',;...,L=.. r' ~ " ..;) . i .. )..:-- !", - ,. ["' - , :.'; J~ .. (:,1 , ". [~,. ,... ;i) "' I"'. I ,. fo. b'!, r;: "i~ l. :~ :: ILL. I -- ,. ,... -' (, '" -.) \,.. , HENRY F. COYNE AnoNNIEY AT LAw 31101 MARKET STREET CAM" HILL. PA 1701' .717J737..c.MU ()"",~ MAR 2 ~ 1997tY CHRISTINE E. WERTZ, Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 96-385 CIVIL TERM NORMAN E. WERTZ, Respondent. : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, ~\ dO , 1997, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before !)c) W I, S- .:). ~o.,-l , Esquire, Custody Conciliator on \~ If'St:-\O'0 ,the A,:) I'd day of t!...-..,-'\ ' . " I ~' \ .1997,at I ,COo'clock--?-.m.,foraPr~-hearingCustodyConference. At such conference, an elTort will be made to resolve the issues in dispute; or if this cannot be accomplished, to deline and narrow the issues to be heard by the Court and to enter into a temporary Order. All children age live or older may also be present at the conference, Failure to appear at the conference may pro";rle 1lI'0unds for entry of a tempomry or permanent order, Conference is to be held atSi weS-\- MQi (\ 0t. ) Nee l,cl\\(c,b r3 ' P/~ FOR THE COURT ( ~ ') BY:~1Y\.;J: ,Rf~)tAf, ~ Custody Con ciliata, U 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE,PENNSYLVANIA 17013 (717) 240-6200 cc: Lisa Marie Coyne, Esquire > For Petitioner (1JlJ1JJ.J 1v.A.f# 3 'OJS q) Emily L, HolTman, Esquire -,-- For Respondent CDpI1.~It.. cdia .St...Jd 3.;>5.7') , C::"_ ~'''..r''~ -i'-~ (:: " i_j; :-' , ::..; .",', :'.;; ; ~ l ).., 1, , . , ""::il, ;. :.. " 3.X .tI) 3'd5'9) 3,;X;'c/? &.). &J.rv ~Il ~\,~.tb ~ arW '71rPUia J11aJ!;; -'6 a.~ ~fIIt4~ {'8-f2f1 ~ ~ au,. &~~ -4 ;"'';'"'~'''''<''''''';''':''''H''' ",~",,".''''_'' '.-c... I .. -, CHRISTINE E. WERTZ, Petitioner, VI. : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-385 CIVIL TERM NORMAN E. WERTZ, Respondent. : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW COMES Christine E, Wertz, Petitioner. by and through her attorney, Lisa Marie Coyne, Esquire, and avers the following in support of this Petition For Modification of Custody: 1. Petitioner. Christine E. Wertz. resides at 2001 Paxton Street, Harrisburg, Dauphin County. Pennsylvania, 2. Respondent. Nonnan E, Wertz. resides at 145 15th Street, New Cumberland. Cumberland County. Pennsylvania, 3, The parties are the natural parents of Cody Wertz. born October 21.1989, 4, On March 27. 1996, an Order of Custody was entered with the consent of the parties, A true and correct copy of said Order is attached hereto as Exhibit "A". 5. The Custody Order should be modified because the PetitionerlMother has relocated and returned to the Central Pennsylvania Area, WHEREFORE, Petitioner requests that the Court modify the existing Order and adjust Petitioner's periods of partial custody to alternating weekends and other periods of partial custody to maximize contact between child and parent. Respeetfully submitted. Dated: 17 lit ,,~ ,? '11" - ISA MARIE CO , Esquire 390 I Market Street Camp Hill. PA 17011-4227 (717)737-0464 Pa. S, Ct, No, 53788 AI/Oriley For Petitioner NORMAN E. WERTZ, Plaintiff I I I ) ) ) ) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTINA E. WERTZ, Defendant CIVIL ACTION - LAW NO. 96-386 CIVIL TERM IN DIVORCE AND CUSTODY ORDER ..' AND NOW, this :.1 '7 day of /J1 a~A..o , 1996, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence except that Defendant , was not present due to her relocation to South Carolina. but that Joan Carey, Esquire, had authority to act on her behalf and represent Defendant solely as It relates to custody, It is hereby ordered and directed as follows: 1. The parites will share legal custody of the minor child, Cody Wertz, d.o.b. 21 October 1989. 2. Physical custody of the minor child will be as follows: A. During the school year, the child will reside with Father. B. From the first Sunday following the end of school until one week prior to the return of school, the child will reside with Mother. ., EXItI,(JI'7" /? ... - C. Over the Christmas holiday, from the day aftar school ends preceding the Christmas holiday until the day before school starts at the end of the Christmas holidey, the child shall reside with Mother. D. During the spring or Easter break, from the day following the beginning of tha Easter break until the day before .' school starts et the end of the Easter break; the child shall reside with Mother. This Eastar holidsy will not begin until 1997. 3. Father is to pick up the child on 21 March 1996 and will have the child until the beginning of the summer vacation as Identified In Subparagraph 2(8). 4. Transportation shall be shared between the parties such that the parties will meet half way between their respective homes. The parties are to determine a half way point. The sharing of transportation is conditioned upon Mother living in South Carolina. Should Mother move from South Carolina further away from Father's residence, then Father is not required to share transportation unless the parties otherwise agree. 5. The parties shell heve reasonable telephone access with the minor child while the child is in the other party's custody. - 6. Custody or visitation between the parties may OCcur at such other times as they mutually agree. 7. Pennsylvania will maintain Jurisdiction over this Order. BY THE COURT, ~'il1 ~...'-' "B ~ Emily Hoffman, Esquire Attorney for Plaintiff .., Joan Carey. Esquire Attorney for Defendant mlb ":"'---""':' ,-,....,.-:., -"""1 ~~- '. . ~ ,- I ,.". ,"" ':.' ,.,,,;'\ . ..,. ,.............:1' .... . ..: I: . - :- ::i ~.. ~!::d .: '.~ ",' ':: .:l ,it :::.......: '; " ;.;).');11.. ~;, .,; ~~',' ';: clI. ~ "'q,..,,,t.!f> ...".........."."...,.:.:" ....q.,. )0",,:... '-' . ,., ...... u ..............~.. .()~. Protl~on:ta;y .".........~ J. -t" < .' VRDIIIY'A110N The facts set forth in the foregoinS are true and correct 10 the best of the Ulldeai8Jled's knowledge, information and belief and are verified subject 10 the penalties for unswom falsifit"Atiou 10 authorities under 18 PL C.S,A. fi4904. Dated: ~*' I~ "., " .' . CERTIFICATE OF SERVICE I, LISA MARIE COYNE, ESQUIRE, hereby certify that I have, on the below date, caused a ln1e and correct copy of th" foregoing Petition to Modify Custody to be served upon the person by way of first class U,S. Mail, postage prepaid: Emily L. HolTman. Esquire Mette, Evans & Woodside 340 I North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: 171'N~ "7 , . -, :"A i i , .:. ll,:1 OJ ( . . L: .. ; L':'. :-:..J (-~ I ,', at c: u , , [, r:: ~j 6\~ i';"'" i ;i.: I' "- j V 0' (J .... ., ~~ I i1hl :::l LI ~ I i !l ~l 19 ~I j :I-.B WI 3J i = ~Iil r:: ~ ~~ ~ =... ' < i~ 'I!, tit ~ ~ Go ~! ~ . II .. . ~ ~ ;J,'!:I1r i ~ 1/1, r ~ '3 . ~ Ul c.:I :..3 ~ :: Ii': I . S Itl,clj il c.:I ::z ~ ~ ~ ~ ~ . .e. '. . . . .. . CHRISTINE E. WERTZ , . IN THE CXlURT OF CXlMMOO PLEAS OF . Petitioner CUMBERLAND CXIUN'fi, PENNSYLVANIA : vs. . NO. 96-385 CIVIL TERM . : NORMAN E. WERTZ , . CIVIL ACTION - LAW . Respondent . IN DIVORCE AND CUsroDY . QU)BR op cnm = ' 1997, Conc 1 at on Report, it is - AND tuf, this ~ day of upon consideration of the attached Custody ordered and directed as follows: 1. This Court I s prior Order dated March 27, 1996 is vacated and replaced with this Order. 2. The Mother, Christine E. Wertz, and the Father, Norman E. Wertz, shall have shared legal custody of Cody Wertz, born October 21, 1989. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child every weekend on Saturdays fran 2:00 p.m. until 9:00 p.m., beginning April 26, 1997, and on Sundays fran 1:00 p.m. until 7:00 p.m., beginning April 27, 1997. At such time as the Mother obtains living accomodations which permit overnight periods of custody with the Child, the custody schedule shall autanatically be modified so that the Mother shall have partial custody of the Child on alternating weekends fran Friday after school (or at such time as the parties agree during the surrmer school break) until Sunday at 7:00 p.m. 5. The parties shall share or alternate custody of the Child on holidays as follows: A. Christmas - The Christmas holiday shall be divided into Segment A, which shall begin on Christmas Eve at 12:00 noon and end on Christmas Day at 12:00 noon, and Segment B, which shall begin on Christmas Day at 12:00 noon and end on December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in odd nurrt>ered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even nurrt>ered years and during Segment B in odd nurrt>ered years. The Mother shall also have an additional period or periods of custody with the Child over the Christmas school break at times arranged by mutual agreement of the pal:'ties. 1'--"f.~'.l " .-, ' ~ct ri ~fl"i~':<'~',01~ ~, \'JI~ _& ~\'\ 2t ?'Z. CU~'6P:\\}; ~i) G.jIJN i'i \''C.!'INSiL'JPNIF>. '. 4 . B. Thanksgiving - The Mother shall have custody of the Child on Thanksgiving Day in even nunbered years fran 8:00 a.m. until 2:00 p.m. and in odd numbered years fran 2:00 p.m. until 8:00 p.m. The Father shall have custody of the Child on Thanksgiving Day in odd numbered years fran 8:00 a.m. until 2:00 p.m. and in even numbered years fran 2:00 p.m. until 8:00 p.m. C. Easter - The Mother shall have custody of the Child on Easter sunday in odd numbered years fran 8:00 a.m. until 2:00 p.m. and in even nunbered years fran 2:00 p.m. until 8:00 p.m. The Father shall have custody of the Child on Easter Sunday in even numbered years fran 8:00 a.m. until 2:00 p.m. and in odd numbered years fran 2:00 p.m. until 8:00 p.m. D. Spring Break - The Mother shall have an additional period or periods of custody with the Child over the Spring break fran school at times to be arranged by mutual agreement of the ~rties. E. Memorial Day/July 4th/Labor Day - The Mother shall have custody of the Child in odd numbered years on Memorial Day and Labor Day and in even nunbered years on July 4th. The Father shall have custody of the Child in odd numbered years on July 4th and in even numbered years on Memorial Day and Labor Day. The specific times for exchanges of custody on these holidays shall be arranged by mutual agreement of the parties. 6. Each party shall have custody of the Child for two weeks (to be taken either consecutively or nonconsecutively) during each sumner vacation upon providing at least thirty (30) days advance notice to the other party. The parties agree that the Father shall have a period of sumner vacation custody with the Child from June 7, 1997 through June 14, 1997. 7. Order shall schedule. The holiday and sumner vacation schedule set forth in this supersede and take precedence over the regular custody 8. until such time as the Mother obtains a motor vehicle, the Father shall be responsible to provide all transportation under this Order. When the Mother obtains a motor vehicle, transportation shall be shared between the parties. 9. The parties shall have reasonable and liberal telephone contact with the Child while the Child is in the other party's custody. 10. Additional custody arrangements may be made between the parties by mutual agreement. 11. This Order is entered pursuant to an agreement at a CUstody Conciliation Conference. The parties may modify the provisions of this ~ o . , Order by nutual agreement. In the absence of mutual agreement, the terms of this Order shall control. ar B. Bay ey J. cc: Lisa Marie Coyne, Esquire - Counsel for Mother~ ~;,......n-''..-~ tJ-A.frn. Emily L. Hoffman, Esquire - Counsel for Father ,J,p, . . ,,;,.........."""'L. vs. NO. 96-385 CIVIL TERM CHRISTINE E. WERTZ, Petitioner IN THE CXXJRT OF ~ PLlWl OF CUMBERLAND CXXJNTY, PENNSYLVANIA NORMAN E. WERTZ, Respondent CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ~ JUDGB: Bdgar B. Bayley aJSTa)Y c:x:6CILIATICIf SlItMARY RBPCRr IN AOCXlUlANCB wrm a.JmBRLAND <XXHl'lC R1lLB OF CIVIL P9Oo'K> olRB 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. ibe pertinent information concerning the Child who is the subject of this litigation is as follows: fWlE DA'l'B OF BIRl'B alRRENl'Ly IN aJSTa)Y OF Cody Wertz October 21, 1989 Respondent/Father 2. A Conciliation Conference was held on April 22, 1997 with the following individuals in attendance: The Mother, Christine E. Wertz, with her counsel, Lisa Marie Coyne, Esquire, and the Father, Norman E. Wertz, with his counsel, Emily L. Hoffman, Esquire. 3. ibe parties agreed to entry of an Order in the form as attached. /) ,,,7t_ j./t.,~/LJ ~~i-?s. sun~y,-'ESquHe CUstody Conciliator IJ:pu;I ,;J, ~ Ie; en Date . EMILY LONG HOFFMAN I."omty al lAw 105 North Front Street P.O, Box 11475 Harrisburg. PA 17118-1475 (717) 233-1112 FAX (717) 234-2234 JUL 2 7 199~~' ORMAN E. WERTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-385 v. CHRISTINE E. WERTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this 2- day of ~.Jn1tl.i' rJ , 1998, it appearing to the court that: I. The parties arc husband and wife in a divorce action finalized on 1998 and listed in the court at the above tenn and number. 2. Nonnan E. Wertz (hereinafter referred to as "Participant"), Social Security No, 190-50-9493, is employed by Freysinger Pontiac and is a participant in and eligible for retirement benefits under the 401 (K) Plan (hereinafter "Retirement Plan") based on employment with Freysinger Pontiac. 3. Christine E. Wertz (hereinafter referred to as "Alternate Payee"), Social Security No. Ir~- 50 - t/6U] , was married to Nonnan E, Wertz, 4. Participant's current and last known mailing address is 145 1 50h Street, New Cumberland, PA 17070, S. Alternate Payee's current and last known mailing address is 2001 Paxton Street, Harrisburg, PA 17111-1093. 6. This Order shall not be construed to require the Plan Administrator to provide any type or fonn of benefit, payment, or option not specifically expressed herein, or penniUed by the Plan document. , . . IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. Alternate Payee is entitled to an amount equal to One Thousand Six-Hundred (S1,6<!O),1~~lhl.rI;~ o..cc,lIr.1 Il\ok...,+ ~ _ ~ JII'" I, I'I'lt .,. 4h .+ ~I,,-\Y;'-u\t ~ tv~",s~Y' U(, 11-t.u ~",.L, ~ 1>t-<W....t/AIk.-~ ~t. Freysinger Pontiac Is directed to pay Alternate Payee's share to Alternate Payee's 2. Account at Pennsylvania State Employees' Credit Union (PSECU), Account No. 045172503044. 3. Receipt by the Plan Administrator ofan executed copy of this order shall be deemed to fulfill allll:quirements of the Plan as to notice and request for withdrawal by Alternate Payee of the amount specified herein. IT IS INTENDED that the Court retains jurisdiction to amend this Order as might be 4 ~ I Lf - 9 f? DATE I ~ ~ NORMAN E. WERTZ J. necessary to implement this Agreement. C~SENTED TO: ~ - 7- 'If DATE '..,-..... ! /, . " " " FiU':o-Or"FICF. O~ T':-:: ,. 'nn."'''')T''IlY , " '. "\'- ',' 911 .JUI. 28 (iN 2: fi 9 CU.\1ui:llLi,;\t) COUNTY PEN~ISI1VANiA . NORMAN E, WERTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 96-385 v, CHRISTINE E, WERTZ, Defendant : CIVIL ACTION. LAW : IN DIVORCE MOTION TO MAKE STIPULATION ORDERS OF COURT 1. Plaintiff, Norman E, Wertz (hereinafter "Husband"), and Defendant, Christine E. Wertz (hereinafter "Wife"), are separated and in the process of obtaining a divorce. 2, The parties agreed to and executed a proposed Order for Wife to receive a portion of Husband's 40lK pension, Please see proposed Order attached to front of pleading. 3, The Order must be executed by this Honorable Court so that it may be sent to Husband's employer, WHEREFORE, Wife requests that this Honorable Court execute the attached Order, Date: 1/1Dlctf Respectfully submitted, E~I 'L 'fS ffiri ~ ml y ong Ho an, EsqUIre Sup, Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 " . ,.... r ~ 105 North Front Street P,O, Box 11475 Harrisburg, P A 17108 Attorney for Defendant (717)233-1112 CERTIFICATE OF SERVICE I, Emily Long Hoffman, hereby certify that I served a copy of the foregoing document today by United States First Class Mail addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Date: 7/'J).JJ8 €) ~ 19- . ~,2 n "" (.~ ffH! ~ l5 c;,~ ....-,i -"." , ~ N t::- 0\ C M ::c "- .:J' N -J Cl CO en '<I '1 € 4 F f; "" ...)....~ 8_. "0 ( "-:'..- ~ ~).... . ..... -:,,1) .J~ I.'('OZ ,::J,ii Ed a... :3 u EMILY LONG HOFFMAN Allomty al lAw 105 North Front Street P.O. Box 11475 Harrisburg, PA 1711l1-1475 (717) 233-1112 FA ll'-!117) 234-2234 ~ ~ NORMAN E, WERTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96.385 CHRISTINE E. WERTZ, Defendant : CIVIL ACTION. LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Emily Long Hoflinan, hereby certify that I served a true and correct copy of the Notice of Intention to File Praecipe to Transniit:Was received by the Defendant's counsel on June 17, 1999 as set forth below: I I .-..-......--,~. -- , , I I'" . I 011 . IIimo t _I ror_ _ .. 111Io wlIh to recelw the I 11 · - 3, 40,'" 4b. . IoIowIng MNlceI (lor an I 1.- ........_......_01.....................""""'.... exIrIlIM): ; .::.:..l:"........._oI...~,.....Iho_.__... 1, Cl ~'IAdd.... ! . . .e::'!'_R...._...Iho~_Iho__. 2.Cl RIIIrlctIdDellwry j , to .n._......._IO........___......_ I ; & -- ConIUI ponnutarlor 1M i 13.,McII to:, P~11" F! ~8 ~ I .,,'sa. 1I1ar,C' CDyfle, r; S<f/,J,ra 04b.SINlceType / I : .a II 0 I 1YIa.r1c..:t' .:n. , [J Reglltlreel ~ CerUtlld I ,,~ . ,I , ( " J [J exp.... MIll [J 'IlIUreeI .r t UAJIflp. 1l1" Ill.. 11 0 II. .,;z;n. ,[J FIIlLm ~ lot MerdlInchlI 0 COD 1, t' 7. Dala 01 DaIlVlry .l! : I : s. Recelvad By: (Pool NNne) i ' :l~ ' !.!1 X -- PS R~Wbm;."'. f~ Eml y Long Hoffman 10S North Front Street P,O, Box 11475 Harrisburg, PA 17108 Attorney for Plaintiff (717)233-1112 Date: 7/22/99 >- ,- '," ~.~: r II)' . r';'1 r.. - , ': '" '.It." (;~: l:! ~ " OI. L' ~ ,. ::").-f" "1~'" ;:~,~ ~'- 'I~ ;: in ,;2 .,42:0 Jt ;~ 0... :J <J C"J ~:: C. ...0 '" _J -, "'l CJl 0" l \ -- .0>' __ ~~ f I """ -.. I,' . , ,,,...1\< .;....~~.': .,.:__. ~.. .'...J EMILY LONG HOFFMAN Allomty 1:/ lAw 105 North Front Street P.O. Box 11475 Hanislturg, PA 1711l1.1475 (717) 233-1112 FAX (717) 234-2234 ......: ..... CERTIFICATE OF SERVICE I, Emily Long Hoffman, hereby certify that 1 am this day serving a copy of the NOTICE TO DEFENDANT AND PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by First Class, U,S, Mail, as follows: Ms, Christine E. Wertz c/o September Whitmire 816 West East Street Wcst Apartments Junction City, Kansas 66441 Lisa Marie Coyne, Esquire 3901 Market Street c.mPHm.p~ ~ Emily Long Hoffirian Sup, Ct, ID 66307 105 North Front Street P.O, Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 5/3/99 '- (') i;. cr; - L. j:: .. :'.'06 .(: .- '-i.''''': u.. : .- r):::~ c.~ ( ~"- -:1?3 n~ ;<: C\- '.~r C'1 ~.. t,,') ~, \.0 .,:.;:,: (.", c-.; ~!:-:/-= ... -' -.lld !:.:..: ~ \..;... ..~") :'_!t~ :;;.; '. ", 0', '5 (.) "''' u '~~ ......- ~-..... NORMAN E, WERTZ, Plalntlrr : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 96-385 CHRISTINE E. WERTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this -z>'\tay of ~. 2000, it appearing to the court that: I, The parties are husband and wife in a divorce action finalized August 2, 1999 and listed in the court at the above term and number. 2. Norman E, Wertz (hereinafter referred to as "Participant"), Social Security No, 190-50- 9493, is employed by Freysinger Pontiac and is a participant in and eligible for retirement benefits under the 401 (K) Plan (hereinafter "Retirement Plan") based on employment with Freysinger Pontiae. 3. Christine E. Wertz (hereinafter referred to as "Altemate Payee"). Social Security No, 186-50-4603, was married to Norman E, Wertz. 4, Participant's current and last known mailing address is 145 15th Street, New Cumberland, PA 17070, 5. Alternate Payee's current and last known mailing addrcss is 220 Prospect Circle, #61, Junction City, KS 66441. 6. This Order shall not be construed to require the Plan Administrator to provide any type or form of benefil. paymenl, or option nol specifically expressed herein, or permitted by the Plan document. . " ;- . IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: I, Alternate Payee is entitled to an amount equal to One Thousand Six Hundred Dollars (SI,600.00) and acerued interest thereon from June I, 1998 to date of distribution and transfer of these funds to Altemate Payee, ~ .. From the benefits which would oth.'rwise he payable tll Ih~ Participanl. the Plan shall pay to the Alternate Payee the amount ofSI,600.00 of Participant's vested account balances from all of the Participant's accounts under the Plan, detennined on a pro rata basis as of June I, 18, as adjusted by applying the gain or losses experieneed by the Participant's accounls, based upon participant's elections under the Plan, from such date to the entry of this order. The amount detennined pursuant to this paragraph shall provide a benefit for the Alternate Payee under the Plan to be paid directly to the Alternate Payee, The Alternate Payee may apply to the Plan for immediate award distribution of the fully vested amount in the participant's account. The Alternate Payee may apply for the balance of the award at the earliest date pennitted under the Plan, and in any evcnt no later than the earlier of Ihe date the Participant's interest in the Plan becomes fully vested, or the date the Participant becomes entitled to a distribution. The Participant's respective vesled account balances under the Plan shall be reduced by the amount required to be paid to the Alternate Payee detennined as of the above mentioned date. The alternate Payee may elect any fonn of distribulion available under the terms of the plan document and applicable law as they exist at the lime distribution is elected. 1;" , .... ,.' " -"..1 . , 3. Receipt by the Plan Administrator of an executed copy of this order shall be deemed to fulfill all requirements of the Plan as to notice and request for withdrawal by Altemate Payee of the amount specified herein. 4, Nothing in this Order requires and this Order shall not be construed to require the Plan: A, to provide any type of form of benefits (.r any option, nul olhcrwise provid~d under the Plan; B. to provide benefits to the Alternate Payee which arc required to be paid to another alternate payee under an order previously determined to be a Qualified Domestic Relations Order with respect to the Plan 5, This Order supersedes the Order of July 28, 1998 which Order of July 28, 1998 is hereby null and void. IT IS INTENDED that the Court retains jurisdiction to amend this Order as might be necessary to implement this Agreement. , f' '. By the Court: ~~ ,.1lf'OO ~" J, CONSENTED TO: dJUVI.Q... /5 -;;z 000 ~ (1)\/\ "2-~ 'Z- OUo Date U ~ [. 7</;1;; CHRISTINE E. WERTZ ; n ()1;vlD/\ (2 J ;)' NORMANE,WERTZ ~ ~ ,j . . NORMAN E. WERTZ, Plalntlrr : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 96-385 CHRISTINE E. WERTZ, Defendant : CIVIL ACTION. LAW : IN DIVORCE MOTION TO MAKE STIPULATION ORDERS OF COURT 1. Plaintirr. Norman E, Wertz (hereinafter "Husband"), and Defendant, Christine E. Wertz (hereinafter "Wife"), are separated and in the process of obtaining a divorce. 2, The parties agreed to and executed a proposed Order for Wife to receive a portion of Husband's 401K pension, Please sce proposed Order auached 10 front of pleading. 3, The Order must be executed by this Honorable Court so that it may be sent to Husband's employer, WHEREFORE, Wife requests that this Honorable Court execute the auached Order. Respectfully submiued, Dated: :& t .:J'"UI.. P r! SQUIRE 27 ,\!. . . . NORMAN E. WERTZ, Plalotlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 96-385 CHRISTINE E. WERTZ, Dereodaot : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this _ day of . 2000, it appearing to the eourt that: . 1. The parties are husband and wife in a divorce action finalized August 2, 1999 and listed in the court at the above tenn and number, 2, Norman E. Wertz (hereinafter referred to as "Participant"), Social Security No. 190-50- 9493, is employed by Freysinger Pontiac and is a participant in and eligible for retirement benefits under the 401 (K) Plan (hereinafter "Retirement Plan") based on employment with Freysinger Pontiac. 3. Christine E. Wertz (hereinafter referred to as "Alternate Payee"), Social Security No, 186-50-4603, was married to Nonnan E, Wertz. 4. Participant's current and last known mailing address is 145 15th Street, New Cumberland, P A 17070, 5. Altemate Payee's current and last known mailing address is 220 Prospect Circle, #61, Junction City, KS 66441. 6. This Order sha11 not be construed to require the Plan Administrator to provide any type or form of benefit, payment, or option not specifica11y expressed herein, or pennitted by the Plan document. , " c tJl/;$/ T /) , -,:~- ... , . '- . IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. Altemate Payee is entitled to an amount equal to One Thousand Six Hundred Dollars ($ 1,600.00) and accrued interesl thereon from June 1, 1998 to date of distribution and transfer of these funds to Alternate Payee. 2. From the benefits which would otherwise be payable t(l the Participant. the Plan shall pay to the Altemate Payee the amount of $1,600.00 of Panicipant's vested account balances from all of the Participant's accounts under the Plan, determined on a pro ram basis as of June I, 18, as adjusted by applying the gain or losses experienced by the Participant's accounts, based upon participant's elections under the Plan, from such date to the entry of this order. The amount detennined pursuant to this paragraph shall provide a benefit for the Altemate Payee under the Plan to be paid directly to the Alternate Payee. The Altemate Payee may apply to the Plan for immediate award distribution of the fully vested amount in the panicipant's account. The Altemate Payee may apply for the balance of the award at the earliest date permitted under the Plan, and in any event no later than the earlier of the date the Participant's interest in the Plan becomes fully vested, or the date the Panicipant becomes entitled to a distribution. The Participant's respective vested account balances under the Plan shall be reduced by the amount required to be paid to the Alternate Payee detennined as of the above mentioned date, The alternate Payee may elect any form of distribution available under the terms of the plan document and applicable law as they exist at the time distribution is elected, .. .. 3, Receipt by the Plan Administrator of an executed copy of this order shall be deemed to fulfill all requirements of the Plan as to notice and request for withdrawal by Alternate Payee of the amount specified herein, 4. Nothing in this Order requires and this Order shall not be construed to require the Plan: A. to provide any type of fllnn oj' benefits (,r any option, not otherwise provid~d under the Plan; B, to provide benefits to the Alternate Payee which are required to be paid to another . a\temate payee under an order previously detcnnined to be a Qualified Domestic Relations Order with respect to the Plan 5, This Order supersedes the Order of July 28, 1998 which Order of July 28,1998 is hereby null and void, IT IS INTENDED that the Court retains jurisdiction to amend this Order as might be necessary to implement this AgreemenL CONSENTED TO: d~u"'2.. /5 -~O()O ~(WO '2- ~ ~O()O By the Court: J, clt~.t::;., f. 7-'/$1;- CHRISTINE E. WERTZ 'nWW/\ ~ 2-~ NORMAN E. WERTZ / ~ , ... . . CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Motion to Make Stipulation Orders of Court have been served upon the below-referenced individual by sending the same by lirst class mail, postage prepaid, addressed os follows: Emily Long Hoffman, Esquire 105 North Front Street Harrisburg, PA 17108 Dated: U J'1r/" P ~ LI ~ MARIE COYNE, Esquire tomey For Defendant 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Po, S, Ct. No. 06250 -, "~i'-'.,-.., -.,,,,,...,< e_"."'" ......._" .'''' < CHRISTINE E, WERTZ PLAINTIFF V, NORMAN E. WERTZ DEFENDANT IN TIlE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-385 CIVIL ACTION LAW IN CUSTODY ORDER OF COIIRT AND NOW, Thursday, July 12. 2001 . upon consideration of the attached Complaint. it is hereby directed that parties and Iheir respective counsel appear belore Dawn S, Sunday, Esq, , the conciliator, at 39 West Main Streel. MeehanlcsburK, PA 17055 on Wednesday. AUKust15. 2001 at 11:00 a,m, for a Pre.Hearing Custody Conference. At such confcrenee, on effort will be made 10 resolve the issues in dispute: or if this cannot be accomplished. to define and narrow Ihe issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conlerence. Failure to appear at the conference may provide grounds for entry of a lemporary or permanent order. The eourt hereby directs the parties to furnish any and 011 existing ProtectIon from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S, Sl/Ilday. Esqtp Custody Conciliator The Court of Common Pleas ofCumbcrland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business bcfore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A'ITORNEY AT ONCE. IF YOU DO NOT HAVE AN A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Counly Bar Association 2 Liberty ^ vcnue Carlisle. Pennsylvania 17013 Telcphone (717) 249-3166 . < ,;~"". .." , , I) .' ' ,,' .: I C'. Vi,; j"-;,'.i','.'jrl\. '., d j 7'/J,t:)1 tit;(. ~ M~.d#i; 4- ~ 7'8.t:)1 '11~ #4Ci: ~/ ~ ~ ~ 7'1J.tJl ~~ ~ ~ 4~ CHRISTINE E. WERTZ, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSVLV ANIA : NO, 96-385 CIVIL TERM VI. NORMAN E, WERTZ, Respondent :CIVIL ACTION - LAW :IN CUSTODY ORDER AND NOW this day of , 200 I upon consideration of the Petition for Contempt filed by Christine E, Wertz, a hearing is schedule on the Petition for the day of , 200 I in Courtroom Number at o'clock of _M. of the Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT: J. Cc: Emily Long Hoffman, Esquire . Attorney for Respondent Lisa Marie Coyne, Esquire Attomey for Petitioner Dawn S, Sunday, Esquire-. Custody Conciliator * CHRISTINE E. WERTZ, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSVLVANIA : NO. 96-385 CIVIL TERM VI, NORMAN E. WERTZ, Relpondent :CIVIL ACfION - LAW :IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY ORDER TO THE HONORABLE. JUDGES OF SAID COURT AND NOW, comes the Petitioner, Christine E. Wertz, by and through her Allomey, Lisa Marie Coyne, and avers the following in support within the Contempt Petition, \, Petitioner, Christine E. Wertz, resides at 828 Clearly Avenue, Junction City, Kansas, 2. Respondent. Nonnan E. Wertz resides at 14S First St., New Cumberland, Pennsylvania, 3. The parties are the parents ofa minor child, CODY WERTZ. born October 21, 1989, 4, On May S, \997. this Honornble Court issued an Order concerning custody of a minor child, namely Cody Wertz, (See attached Exhibit "A") S. Pursuant to the said Order of Court, at parngraph 6, cach party is to have two weeks of summer visitation with the child provided thirty (30) day advance notice has been given to the other party. 6. Since the entry of the Custody Order, the Pelitioner has moved from Pennsylvania upon the finalization of her divorce from the Respondent and Petitioner currently lives in Kansas with her adult daughter, Cody's oldest sister. 7. Petitioner provided advance notice 10 falher of the selected weeks of vacation with her son for the month of July, 2001; however. father refuses to consent to authorize trnnsportation between Harrisburg, Pennsylvania and Kansas. 8, Mother has purchased airline tickets for the transport of the minor child from Harrisburg, Pennsylvania to Kansas City International Airport, along with Ihe appropriate supervision from the airline for the transporting of an unaccompanied minor child. (The child is now age II,) 9. Due to mother's limited financial means, she has been unable to have any visitation with her son for in excess of twenty-four (24) months due in-large part to limited financial means as well as the father's confrontational and demeaning treatment of her upon communication between mother and child. 10, Petitioner's undersigned counsel has allempted without success to confer with Respondent's allorney, Emily Long Hoffman, in on effort to resolve this moiler short of :hese fonnal proceedings. WHEREFORE, Petitioner prays that this Honorable Court finds Respondent in violation of and in contempt of the existing Custody Order and to direct that Respondent sholl provide round-trip transportation of minor child to mother's residence for the period of mother's summer visitation with the minor child and further, due to father's wrongful and contemptuous refusal to allow mother her lawful right exercise of her custodial rights with regard to her minor child, Petitioner seeks allomey's fees, as well as all court costs associated with this Petition. Respectfully submilled, COYNE & COYNE, P,C. Dated: m~ /"7 (1J,/ / d ' By: Isa Marie Coyne, 3901 Market Street CampHiII,PA 17011-4227 (717) 737-0464 Pa, Supreme Cl, No, 53788 Allorney for Petitioner " :,\: j'::, j ',' 19()7 v t1f CHRISTINE E. WERTZ, Petitioner : IN THE COURT OF COMMON ?LEAS OF : CUMBERLAND COlJNTY, PE:\.","YLVANIA . . vs. : NO. 96-385 CIVIL :'::RM NORMAN E. WERTZ, Respondent . . : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY awER OF CXXlRT l!mfE@[gD~~r :/1,(/ MAY ,..hft ,1/ ,/,. "~, 'I' I,' , , , . , ' , ..--- I _ ~--'L.. AND 101, this S' day of upon consideration of the attached Custody ordered and directed as follows: '-1?1!2td , 1997, ConciliatiCln Re;:ort, it is -~ 1. This Court I s prior Order dated March 27, 1996 is vacated and replaced with this Order. 2. The Mother, Christine E. Wertz, and the Father, Norman E. Wertz, shall have shared legal custody of Cody Wertz, born :ktober 21, 1989. 3. The Father shall have primary physical custody c: the Child. 4. The Mother shall have partial physical custody ::f the Child every weekend on Saturdays from 2:00 p.m. until 9:00 p.m., be;;inning April 26, 1997, and on Sundays from 1:00 p.m. until 7:00 p.m., be;;iMing April 27, 1997. At such time as the Mother obtains living accomoc:ations which permit overnight periods of custody with the Child, the cus::xiy schedule shall automatically be modified so that the Mother shall :Jave partial custody of the Child on alternating weekends from Friday after school (or at such time as the parties agree during the summer school ::reak) until Sunday at 7:00 p.m. 5. The parties shall share or alternate custody of the Child on holidays as follows: A. Christmas - The Christmas holiday shall be divided into Segment A, which shall begin on Christmas Eve a: 12:00 noon and end on Christmas Day at 12:00 noon, and Se<;uent B, which shall begin on Christmas Day at 12:00 noon and end on December 26 at 12:00 noon. The Mother shall ha7e custody of the Child during Segment A in odd numbered yee:s and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even n:.::rbered years and during Segment B in odd numbered years. The ~other shall also have an additional period or periods of cus::xiy with the Child over the Christmas school break at times arranged by mutual agreement of the parties. V.LJ " EIC"hGI7" rT B. Thanksgiving - The Mother shall have custody of the Child on Thanksgiving Day in even numbered years from B:OO a.m. until 2:00 p.m. and in odd numbered years from 2:00 p.m. until 8:00 p.m. The Father shall have custody of the Child on Thanksgiving Day in odd numbered years from 8:00 a.m. until 2:00 p.m. and in even numbered years from 2:00 p.m. until 8:00 p.m. C. Easter - The Mother shall have custody of the Child on Easter Sunday in odd nUlrbered years from 8:00 a.m. until 2:00 p.m. and in even nUlrbered years from 2:00 p.m. until 8:00 p.m. The Father shall have custody of the Child on Easter Sunday in even numbered years from 8:00 a.m. until 2:00 p.m. and in odd numbered years from 2:00 p.m. until 8:00 p.m. D. Spring Break - The Mother shall have an additional period or periods of custody with the Child over the Spring break from school at times to be arranged by mutual agreement of the parties. E. Memorial Day/July 4th/Labor Day - The Mother shall have custody of the Child in odd nUiibered years on Memorial Day and Labor Day and in even numbered years on July 4th. The Father shall have custody of the Child in odd numbered years on July 4th and in even numbered years on Memorial Day and Labor Day. The specific times for exchanges of custody on these holidays shall be arranged by mutual agreement of the parties. 6. Each party shall have custody of the Child for two weeks (to be taken either consecutively or nonconsecutively) during each sllJ1'll1er vacation upon providing at least thirty (30) days advance notice to the other party. The parties agree that the Father shall have a period of sumner vacation custody with the Child from June 7, 1997 through June 14, 1997. 7. Order shall schedule. The holiclay and sunmer vacation schedule set forth in this supersede and take precedence over the regular custody 8. Until such time as the Mother obtains a motor vehicle, the Father shall be responsible to provide all transportation under this Order. When the Mother obtains a motor vehicle, transportation shall be shared between the parties. 9. The parties shall have reasonable and liberal telephone contact with the Child while the Child is in the other party's custody. 10. Additional custody arrangements may be made between the parties by mutual agreement. 11. This Order is entered pursuant to an agreement at a Custody Conciliation Conference. The parties may modify the provisions of this ,- - Order by mutual agreement. In the absence of mutual agreement, the terms of this order shall control. BY THE COURT, 15/ ~~ ~ Edgar B~ ~ey, J. cc: Lisa Marie Coyne, Esquire - Counsel for Mother Emily L. Hoffman, Esquire - Counsel for Father TRUE COpy FROM RECORD In Testlm1ny .,.,h~r'of. I hure unto set my hand and the seal of said Court at Carlisle, Pa, This ......~~. day Of....7n~.... ..., 19..2.7. JA .& . - .. w(f"...a....,.. . tt..fU" ~ PnlI.I...aIIbot CHRISTINE E. WERTZ , . IN THE CXlURT OF COMMON PLEAS OF . Petitioner CUMBERLAND COUNTY, PENNS'iLVANIA . . vs. . NO. 96-385 CIVIL TERM . . . NORMAN E. WERTZ , . CIVIL ACTION - LAW . Respondent IN DIVORCE AND CUSTODY PRIOR JUDGE: Edgar B. Bayley UJ::f~00Y CDlCILIATICN ~ REPCRr ll'l ACXXlUlANCE Wl'1'U a:tmERLAND CXXNrY: ROLE Of!' crvIL PRO"~ -!HE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DM.'E Of!' BIRTB CDIlRERJLY ll'l UJ::f~UJY Of!' Cody Wertz OCtober 21, 1989 Respondent/Father 2. A Conciliation Conference was held on April 22, 1997 with the following individuals in attendance: The Mother, Christine E. Wertz, with her counsel, Lisa Marie Coyne, Esquire, and the Father, Norman E. Wertz, with his counsel, Emily L. Hoffman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. L,,_</L(~ Daw s. sun&'y, Esqullfe CUstody Conciliator /:tpu'l .:;~ /'197 Date '-'-"''''''''-''-'^'' CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C" hereby certify that true copy of Petition for Contempt of Custody Order was served this date upon the below-refereneed Individuals at the below listed address by way of first class mail, postage pre-paid: fax and First Class Mail Emily Long Hoffman, Esquire 105 N, Front Street P,O, Bolt 11475 Harrisburg, PA 17108-1475 Flnt Class Mail Dawn S, Sunday, Esquire 30 W, Main Street Mechanicsburg, PA 17055 Dated: P'~ ,~I .. < . I C V~ , , . . >- ).'" , '; . .~ -.J r. ./1 ;, =- ~ . I ", " j '-, CJ CIIRISTINE E. WERTZ Plaintiff IN TilE COURT 01' COMMON PLEAS 01' CUMBERLAND COUNTY,I'ENNSYl.VANIA 96.385 CIVIL ACJ'ION LAW VI, NORMAN E. WERTZ Defendanl IN CUSTODY OIUlElt OF COIIRT AUr.t !_ I~ y: '\ wishelto withdraw her Petition for Conlempl, hereby relinquishes jurisdiclion in this ease. The Cuslody AND NOW, Ihis t: day of Auvust, 200 I, the Conciliator, being advised by counsel that Plaintiff Conciliation scheduled for AugusllS, 2001 is canceled. DYTIIECOURT, ()~~L4 Dawn S. Sunday, Esquire Cuslody Conciliator ~:: In ~ l_. c: z i; <",; ~') - , f~;') , ,J:r ll.~ -" ')":J " '-~~ >- ,~) '.'cn '):....: c..!' "i?Q -'-, ~)u. ......; :.1 '=' , C;J U