The URL can be used to link to this page

Home My WebLink About96-03287 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNSYLVANIA ".."........~J~J!1~Uf , ..,"""'",.,....."....,..",,,.. .. Nil, '"""",?,6,,,~,,,32,~.?,,,''''''''' 19 ,'!IY'.' :-...'-'---:__'__.,. '.. ~.'.:'_._ ""X_)QII(")QII()QII(__)QII("~ - , ~ . 8 -. ~ . . . . ....I<A:rIi,IB:"P.~~~y.,." ''',,'....., ',...,..""" II .. II 8 I ...';'.'.'. ."..';"" ,...... .... .... ...... ... .... ..1 f ~ ~ ~ : 8 t ~ ~ I VcrSII8 ".De.{~!1,~nt".... D E C R EEl ,N DI VORCE J,:'3~A.P1, ANDNOW,..,.~.~~,.,.,. J9~B:.:'t Is ordered and d d h Kathi 8, Parry , I Iff ecree t at ......,"',.,.,.,",.,.,......"....,.".""."" pant I and, .., '" . , .,. . ., ..",., ?f1Y,i,~ ,G:. .P.a.r.r.y. .. " , . ., . . , .,.,. . .,.. defendant, are divorced from the bonds of matrimony. 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 entered; The terms of the attache d Agreement are hereby incorporate d, but not ...,.". ",.,.".". "',."..."",. ..,. ......., ...." ...,.. .,....,.,."", . !"!'F/l.e,~...i.n,t.o..t.h.i,s..~':c:':':': .~I1.~~~'?~~,:: . . . . .. .... . , .... , . .... , . . . , , .. .... .. . 8y . . . . . . . . . . .. ......,....-........ 'Up,' J. Prothonotary ------....... - - ...'.-..:-.....'<<-,.. -. -,-:oJ . . ~ - .. . @ . . .. @ - - f - : - I I , . ~ 8 8 8 8 8 ~ ~ ~ ~ I~ " 'i' I I t)'~ff&'/d:~ ,t(a~ ~'4~4 Y)J,~lf ~dd ,lHCI-~ d ct4 ~~ r. KATHI B. PARRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 96 - 3287 CIVIL , . DAVID G. PARRY, Defendant IN DIVORCE THE MASTER: Today is Monday, July 13, 1998, This is the date sot for a conference with counsel and the parties, Present in the hearing room are the Pleintiff, Kathi B. Parry, and her counsel John J. Connelly, Jr" and the Defendant, David G, Parry, and his counsel L, Rex Bickley, The parties were married on August 14, 1982, and separated March 1996. They are tho natural parents of four children all of whom are minors and who currently reside with the wife, A divorco complaint was filed on June 11, 1996, raising grounds for divorce of irretrievable breakdown of the marriage, The complaint raised the economic claim of equitable distribution. There are no claims filed for alimony or counsel fees and expenses, Counsel are going to conclude the divorce under section 3301(c) of the Domestic Relations Code and are going to file affidavits of consent and waivers of notice of intention to request entry of divorce decree within ten (10) days of today's date. The Master has been advised that after discussion , . " , and negotiations this afternoon the parties have reached an agreement with respect to the economic claim of equitable distribution, An agreement is going to be placed on the record in the presence of the parties, The agreement as placed on the record will be considered the substantive of agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription, Consequently, after the parties leave here today, there will be no opportunity to make any substantive changes to the agreement. The draft of the agreement will be sent around to counsel for review for typographical errors and after any typographical errors have been corrected, the parties and counsel will affix their signatures by way of affirmation of the terms of the agreement as placed on the record, After the Master has received the signed agreement, he will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce, Mr. Connelly. MR, CONNELLY: The parties have reached the following agreement regarding equitable distribution: 1. Each party shall retain the assets in their possession, 2, Husband shall retain as his sole and separate property the former marital residence of the parties located at 13 North Second street, Bowmansdale, Cumberland County, Pennsylvania, Husband shall also retain ownership of his Public . \ ~ School Employees' Retirement System pension, and the proceeds from the 1996 Chevrolet Blazer which is traded, 3, Each of the parties shall retain as their sole and separate property savings bonds in their possession subject to a provision of the payment of the proceeds of certain bonds which will be set forth later in this agreement. 4. Each party will hold as their separate property tangible personal property and furnishings in their possession, 5. Wife shall ~etain as her sole and separate property her Super Saver and 401(k) pension plans as well as any other pension plans through her employer, American Airlines, She will retain ownership of the 1990 Chevrolet Lumina, and as previously stated tangible personal prope~ty in her possession, and the proceeds from tranDfer of the 1990 Chrysler LeBaron which was transferred to her sister. 6. Wife shall be responsible for the debt on the joint Visa card and husband shall be responsible for the debt to his mother, The Visa card balance at date of separation was approximately $4,000,00 and the debt to husband's mother was approximately $1,500,00, The parties shall indemnify and hold the other harmless on the assumption of debts as set fo~th in this agreement. 7. Husband agrees that after transferring the proceeds from the sale of savings bonds in his possession as well as the proceeds from the liquidation of the American Fund Mutual fund owned by the parties, he will owe to wife the sum of $16,260,00, The $16,260,00 balance shall carry an inter.est rate of 6\ and shall be secured by a mortgage recorded against the aforementioned property at 13 North Second Street, Bowmansdale, Cumberland county, Pennsylvania, with a due date on the mortgage of January 1, 2000, Husband agrees that within 15 days of today's date he will take the necessary steps to liquidate the American Fund account and the savings bonds in his possession and will pay over to wife the proceeds which will be approximately $5,216.00. In addition, husband agrees that he will execute, when presented with the document, the mortgage referred to to secure wife's debt against the 13 North Second street, Bowmansdale, Cumberland . ..........1 " . '1.~ , County, Pennsylvania, property on which the former marital residence is located, This payment to wife, when made, with interest accumulated, will be in full satisfaction of husband's cash payment to wife in equitable distribution. B. In addition, the parties continue to own a lot located at Second Street in Bowmansdale, Cumberland County, pennsylvania, which io presently listed for sale, Upon the sale of the lot, the parties shall equally divide the net proceeds from the sale, In the event husband has not yet paid wife any portion of the balance due to her, referred to previously ($16,260,00 plus interest), he shall pay over to wife all of hia proceeds, should they continue to be due on the debt, Any balance on the proceeds would be due and payable as aformentioned January 1, 2000, In the event the lot is not sold by January 1, 2000, husband shall be responsible for payment of the mortgage balance due to wife plus interest and thereafter, when the lot is sold, the parties will equally share the proceeds, The net proceeds will be the sale price minus all closing costs, tax prorations, commissions, and balance owed on the property, The parties have an annual payment due on the lot which is due in the month of December of each year, They will share equally in that payment until the lot is sold, In the event the sale of the lot generates any capital gain consequence, the parties agree that they shall identify any capital gain due to the state or federal government and shall set aside, from the net proceeds, the amount necessary to satisfy the capital gain, 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, .~ . and right to act as administrator or executor in the other's estate, Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims, MR, CONNELLY: Kathi, you've heard me place on the record the agreement we reached through negotiations today, do you understand the agreement? MS, PARRY: Yes. MR, CONNELLY: Do you have any questions about it? MS, PARRY: No, MR, CONNELLY: Do you understand that once this proceeding is concluded today there can be no substantive changes to the agreement? This is as if you are sitting here today signing a contract, MS, PARRY: I understand that. MR, CONNELLY: And all we will be doing is circulating the transcript of this proceeding to be sure that there are no typographical errors or mistakes in the information? MS, PARRY: Okay, MR, CONNELLY: So this is a final agreement and cannot be changed? MS, PARRY: Okay. MR, BICKLEY: David, as well, you understand __ we've talked about this, you understand the terms and conditions ," ~ ( I " I :;t. l i ~ I , ! I , :, , " , , " " , '-. , , , " , , " .- KATHI B, PARRY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 1~ jJ j',/ (1/ t'LL CIVIL ACTION - LAW IN DIVORCE v. DAVID G, PARRY, Defendant NOTICE You have been sued In Court. If you wish to defend against the claims set forth In the following papers, you must take prompt action. You are wArned that If you fall to do so, the cese may proceed without you and a Decree In Divorce or annulment may bEl entered against you by the Court. A Judgment may also be entered against you for any other claim or relief requested In these papers by the Plaintiff. You may lose money or property or other rights Important to you, Including custody or visitation of your children. When the ground for the divorce Is Indignities or Irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors Is available In the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, 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 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 SE" FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 ,.',^, JO,hn ,cpn.ne.lty, Jr" Esq~lre A~~~ey tQr' !,~tlff ""_'_ , , .,. ,( States of America or Its Allies, 8. The marriage Is Irretrievably broken. 9, The 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 counsallng, 10. Plaintiff roquests the Court to enter a DecrBa In Divorce. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3602 OF THE DIVORCE CODE 11. Plaintiff and Defendant are the Joint owners as tenants by the entireties of real estate located at 13 North Second Street, Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania, which Is subject to equitable distribution by this Court, 12, Plaintiff and Defendant are the owners of various Items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 13, Plaintiff end Defendant are the owners of various motor vehicles, bank accounts and Insurance policies acquired during their marriage which are subject to equitable distribution by this Court. -.' . . .' WHEREFORE, the Plaintiff requests the Court to enter a Decree: 8, Dissolving the marriage between the Plaintiff and Defendant: and, b. Equitably distributing all property owned by the parties hereto, CONNELLY, REID & SPADE Date: ~ I ~ I q~ I I ".J ~ ~ r- "") r - ,::; &'ci \ '(? ~ M ~j .. I~ :r:: :')~ ............ ......... 0- O~ N q;a [;;t;:- '>l ~~ : .:ij} ~ 'V" - .J~ ~~ "(') ~, ..- Vj;u .j --- -:J ~ "') .";:: 0.. ... ~. ....-.: <::::::. <D :,) r--.. "tn U \..c::) ~ ~~ . . " .. ^~ ,,,:. -- l~ ("') tr. !:;: c;; ~) . f',I!:. .,. ..,.. ':;.~C g 0:: "1~ };! n "Yi ,"- re~~ ~ !-1 " ... ". \5 '0 :5 c> u TO YOU ..... H'.'I., HO""ID TO '"UD TO nt. INCLO'ID WIJHIN TWeNTY lIOII DA.,. M IIIIMCI HI"lew X _ .. ... DlPAUL' ""'OOMINT ....., I' INTI" h . .~ AOAINI' YOU. LAw OfFICI! JAMBS. SMITH. DURKIN &: CONNELLV WI HI"ln CUTI", THA' THI WITHIN .1 ... '''UI AND CO".'CT COPY 0' THI 01t101""" "LID IN THII ACTION. ........, P. 0, BOll MIl HI!RSHI!Y. PI!NNSYLVANIA 170JJ.ll6'O " Cy ., "~I'f KATHI B. PARRY, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 96 . 3287 CIVIL DAVID Q, PARRY, Defendant CIVIL ACTION. LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIM TO THE PROTHONOTARY: Please withdraw the claim for Equitable Distribution in the above-captioned divorce action, Date: ;? /~O Jqg I ',. i-~' "j) """ t.-, U,I', ~\:;, i..'; ( ) .' ....., l;.. '"_I ,.. '. ,0. I' l) (. I I...... ,::' " . " I} ~..... -- .' " participate In counseling prior to a divorce decree being handed down by the Court. 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 1 B Pa, C.S,A, Section 4904, relating to unsworn falsification to authorities, Date: g/~{J/9~ ~ ~~{'~',,, ..= ~~~:::. HOT,,,IO TO "~;WH~~ ~J,~, " . TWKNTY tIOI DA'" or ...wICK "11lI1M Oft }f<~" It. .,.'AU\.T.lUDOWIHT MAY ..'HT....ID "\ l' ~AI"IIT YOU. .. A"OftHn .. .- LAW OPPICE JAMES, SMITH, DURKIN &. CONNELLY It:...___.--:, P. O. BOX 650 HERSHEY. PENNSYLVANIA 110JJ-0650 WI H.....V CIIfTI" THAT THII WITHIN '1 ._ ..TIUf AND COIllIIIICT CO'V 0' THI UI'IIYI"AL "\.10 I" THII AC:TlO", v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 96 . 3287 CIVIL KATHI B, PARRY, Plaintiff DAVID O. PARRY, Defendant CIVIL ACTION. LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE IJNDE'R ~ 3301{~,tOF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not cl!llm them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court end that a copy of the Decree will be sent to me Immediately after it Is flied with the Prothonotary. I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C,S.A, Section 4904, relating to unsworn falsification to authorities. Date: y /J,() /q~ ~'6.~ Kathi B. Parry. Plalntif;tr' d~) ....,. ..... . / KATHI B. PARRY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3287 CIVIL DAVID G. PARRY, Defendant IN DIVORCE THE MASTER: Today is Monday, July 13, 1998. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Kathi B. Parry, and her counsel John J. Connelly, Jr., and the Defendant, David G. Parry, and his counsel L. Rex Bickley. The parties were married on August 14, 1982, and separated March 1996. They are the natural parents of four children all of whom are minors and who currently reside with the wife. A divorce complaint was filed on June 11, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint raised the economic claim of equitable distribution. There are no claims filed for alimony or counsel fees and expenses. Counsel are going to conclude the divorce under Section 3301(c) of the Domestic Relations Code and are going to file affidavits of cons~nt and waivers of notice of intention to request entry of divorce decree within ten (10) days of today's date. The Master has been advi~ed that after discussion and negotiat~ons this afternoon the parties have reached an agreement with respect to the economic claim of equitable distrlbution. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the subotantive of agreement of the parties not subject to any changes or modifications except for correction of typographical errors wllich may be made during the transcription. Consequently, after the parties leave here tOday, there will be no opportunity to make any substantive changes to the agreement. The draft of the agreement will be sent around to counsel for review for typographical errors and after any typographical errors have been corrected, the parties and counsel will affix their signatures by way of affirmation of the terms of the agreement as placed on the record. After the Master has received the signed agreement, he will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Connelly. MR. CONNELLY: The parties have reached the following agreement regarding equitable distribution: 1. Each party shall retain the assets in their possession. 2. Husband shall retain as his sole and separate property the former marital residence of the parties located at 13 North Second street, Bowmansdale, Cumberland County, Pennsylvania. Husband shall also retain ownership of his Public SChool,Employees' Retirement System pension, and the proceeds from the 1996 Chevrolet Blazer which is traded. 3. Each of the parties shall retain as their sole and separate property savings bonds in their possession subject to a provision of the payment of the proceeds of certain bonds which will be set forth later in this agreement. 4. Each party will hold as their separate property tangible personal property and furnishings in their possession. 5. Wife shall ~etain as her sole and separate property her Super Saver and 401(k) pension plans as well as any other pension plans through her employer, American Airlines. She will retain ownership of the 1990 Chevrolet Lumina, and as previously stated tangible personal prope~ty in her possession, and the proceeds from transfer of the 1990 Chrysler LeBaron which was transferred to her sister. 6. Wife shall be responsible for the debt on the joint Visa card and husband shall be responsible for the debt to his mother. The Visa card balance at date of separation was approximately $4,000.00 and the debt to husband's mother was approximately $1,500.00. The parties shall indemnify and hold the other harmless on the assumption of debts as set forth in this agreement. 7. Husband agrees that after transferring the proceeds from the sale of savings bonds in his possession as well as the proceeds from the liquidation of the American Fund Mutual fund owned by the parties, he will owe to wife the sum of $16,260.00. The $16,260.00 balance shall carry an interest rate of G\ and ahall be secured by a mOI:tgage recorded against the aforementioned property at 13 North Second Street, Bowmansdale, Cumberland County, Pennsylvania, with a due date on the mortgage of January 1, 2000. Husband agrees that within 15 days of toda~"s date he will take the necessary steps to liquidate the American Fund account and the savings bonds in his possession and will pay over to wife the proceeds which will be approximately $5,216.00. In addition, husband agrees that he will execute, when presented with the document, the mortgage referred to to secure wife's debt against the 13 North Second street, Bowmansdale, Cumberland B. county, Pennsylvania, property on which the former marital residence is located. This payment to wife, when made, with interest accumulated, will be in full satisfaction of husband's cash payment to wife in equitable distribution. In addition, the parties c~ntinue to own a lot located at second street in Bowmansdale, Cumberland county, Pennsylvania, which is presently listed for sale. Upon the sale of the lot, the parties shall equally divide the net proceeds from the sale. In the event husband has not yet paid wife any portion of the balance due to her, referred to previously ($16,260.00 plus interest), he shall pay over to wife all of his proceeds, should they continue to be due on the debt. Any balance on the proceedS would be due and payable as aformentioned January 1, 2000. In the event the lot is not sold by January 1, 2000, husband shall be responsible for payment of the mortgage balance due to wife plus interest and thereafter, when the lot is sold, the parties will equally share the proceeds. ., The net proceeds will be the sale price minus all closing costs, tax prorations, commissions, and balance owed on the property. The parties have an annual payment due on the lot which is due in the month of December of each year. They will share equally in that payment until the lot is sold. In the event the sale of the lot generates any capital gain con~equence, the parties agreo that they shal', identify any capital gain due to thn state or federal government and shall set aside, from the net proceeds, the amount necessary to satisfy the capital gain. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, \\ and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. MR. CONNELLY: Kathi, you've heard me place on the record the agreement we reached through negotiations today, do you understand the agre(lment? MS. PARRY: Yes. MR. CONNELLY: Do you have any questions about it? MS. PARRY: No. MR. CONNELLY: Do you understand that once this proceeding is concluded today there can be no substantive changes to the agreement? This is as if you are sitting here today signing a contract. MS. PARRY: I understand that. MR. CONNELLY: And all we will be doing is circulating the transcript of this proceeding to be sure that there are no typographical errors or mistakes in the information? MS. PARRY: Okay. MR. CONNELLY: So this is a final agreement and cannot be changed? MS. PARRY: Okay. MR. BICKLEY: David, as well, you understand __ We've talked about this, you understand the terms and conditions --, _M-:1-t__ {ii~!t2 yt~_;1_lJ/. q - 8,72-'-___ , ,_ _q-11''1L . ti)lb"~J1t:!.~f;t~i1<(LW~..\:\Joo;~L~ -ld9-/-~-~--- ft~r) 1f\'/S.-r))'lat.jGeL~~t~L}lkie. 7~~t_cJs _~__ hlq~~_ zl{J~Ls__1At){. ~)~,-IJA,- _ .1&.1 i'ftI11Af,iWn~f) / ~, e, .at'q?\.) 1.LfYI , ~z ~d. f.~~Ccmrr.:ftlM1I~0~ . .;Jq&i\f-"/. it I {", "!/" ('.Cu.'1 '" '" c, /JIlL. ( j '. , lJ.,.. ;.. . ^, I , . ,I, _. J-- -v-4 !/.,;:/'t.q,; (1 .,It...._,../~'.((t(.!.I(I."I{" ~t,.(,.tl I '/.(_1\,\',"', .~I'J. ,/ , '!"~~' ,'" ." I. I ~-.~ i' ( ',.t' _.;' I', 1,1 j'" t \. ,( (I /..--; (/' .....,.....,;1 ~ ~I--/;! I ~f' ..- T ."-~.t." ""_', .",' _' -', ,.- '.. ~..' -' / t., j(~. /, < ,;, ,(__ .A~/~"I'd _. - -',IFI},','{Il.. I .f '(.~' ; ,<'I t ri1.-) - -1'- ~( . ... " , I,.. I ;;. I .t. I \" I (I, , ,\" ", ," , I ^I'f. ,. t. . t.(.. ~ ~, ~ "A t:\-t W'~_ ...:t' "..b ",,",......:....b -4.... ~ 1 f. d-J. . , ~"N'~' .J.:......-::-J.. KATHI B. PARRY, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. DAVID G. PARRY. Defendant NO.96-32e7 19 CIVIl. IN IlJ VOI:n: : ;'j1l'1'1 J:, : ,II J.J.I 111\'1'1'.: IleTI VI'1'J l';:i: 1// "1./? (' "1'/ff '. Mr. Connelly and Mr. Walters, Attorneys at Law 11 August 1997 Page 2 pre-hearing conference with counsel to discuss the issues and, if necessary schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements is set forth in sUbdivision (c) and (d) of RUle 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL. , ____....r.. .----.--..-r OFFICI! OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240.6535 .. Robert IlIeker, II Dlvorca Mallar Treel .10 Colwer Offlca Managarmaportar We.' ahare 697.0371 Ext, 6535 September lB, 1997 John J. Connelly, Jr., Esquire CONNELLY, REID' SPADE 108-112 Walnut street P.O. Box 963 Harrisburg, PA 1710B REI Kathi B. Parry vs. David G. Parry No. 96 - 32B7 civil In Divorce Dear Mr. Connelly: I am in receipt of your letter of September 17, 1997, requesting that the directive tor the filing of pre-trial statements on or before September 15, 1997, be withdrawn. You enclosed a copy of a letter from Mr. Walters indicating that he is no longer representing Mr. Parry. I have no problem granting an indefinite extension for the filing of pre-trial statements and will ask you and Mr. Parry's new counsel (who apparently has not yet been identified) to advise me as to when you want a new directive. I am sending a copy of this letter to Mr. Walters, however, since I do not have any praecipe in the file showing his withdrawal of record nor an order of court granting him leave to withdraw. Very truly yours, E. Robert Elicker, II Divorce Master cc: Murrel R. Walters, III, Esquire KATHI B. PARRY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 96 - 32B7 CIVIL I : IN DIVORCE DAVID G. PARRY, Defendant NOTICE OF PRE-HEARING CONFERENCE TO: John J. Connelly, Jr. L. Rex Bickley , Counsel for Plaintiff , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, carlisle, Pennsylvania, on the 15th day of June, 1998, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 3/9/98 E. Robert Elicker, II Divorce Master . - TO YOU AfI. H.JI.IY NOTlPl.a TO '''lAD TO THI INC,"OIl:D WITHIN TWl.HTV lICIt DA'f' 0' """Ica HI..O' 0" A OI'AU,"' Juoa".HT MAY II .H......IO AGAINIT 'fOU, IY LAW Ofl'lce JAMES. SMITH. DURKIN & CONNELLY p, 0, BOX 630 HP.RSIlI!Y, PP.~NSYLVANI^ 170JJ.lJ650 3!',.~ 18 "f{- w. tl."II'f CI,,'I'" THAT ttll WITtllH II '" t.UI AND co.nCT COII'f 0' THI OltIGIHA'" ,ILIP IN THII ACtiON, . ''1' -. ATTCMI...... -~-- _e..".- .' .' d I, . \ . . . ""l; ," ,".. . , 'fI., l"o:I'" , " " . ~ d \' ,. , ,,-?' , '1 .n~\., '.. '1- t'. ,.,,1" .' I I ;'i\' "j '. ~ .,' '1", i' . U ~" ' , \ :!" :-. I, . i~ ... .<# .<f-~4 . ( i .. ' ,I' ' , , . -I ,~. '- .... ~ >> I -, t... t I "~;, . . , I I I! ,1, I' \ I " ~ j j . ;.. J i ;,.,,1., ! it;~ ~ ), '.' F) I , ~ t' . 1 ), \ \ J'~ : !. . I " I , \ ~, I , Jf. , \ j' j, r l' . ' I , 'l . ~. r 1 \\ KATHI B. PARRY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-3287 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DAVID G. PARRY, Defendant PLAINTIFF'S PRE-TRIAL STATEMENT Date of Marriage: August 14, 1982 Datll of Separation: DIvorce ComplaInt filing date: June II, 1996 I. ASSETS A. Marital Property Mtg./Loan Bal. Present Value. 1. Marital Residence $69,000.00 $115,000.00 2. Lot $5,500.00 $20,000.00 3. PSERS Pension (H) To be determined 4. 40lk (W) To be determined 5. 1990 Chevrolet Lumina $2,550.00 6. 1990 Chrysler leBaron $ -0- 7. 1996 Chevrolet Blazer $7,000.00 8. Savings Bonds (W) $2,700.00 9. Savings Bonds (H) $5,000.00 10. Household Furnishings (W) $810.00 It. Household Furnishings (H) $3,000.00 .: MIg./Loan Bal. Present Value. B. Non-marital Property 1. 2. 3. 2. EXPERT WITNESSES Plaintiff knows of no expert witnesses at this time. However, Plaintiff reserves the right to supplement this answer should such become available. 3. NON-EXPERT WITNESSES Plaintiff knows of no non-expert witness at this time with exception to the parties. However, Plaintiff reserves the right to supplement this answer should such become available. 4. EXHmITS (a). Plaintifrs Inventory and Appraisement. (Exhibit "A"). (b) Plaintifrs 1996 W-2. (Exhibit "B"). S. NET INCOME A. PlaIntiff - See attached 1996 W-2. (Exhibit "B"). B. Defendant - Unknown VERJnCATION I verify that the statements made In this Pre-Trial Statement are true and corr".ct. 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. Date: d-/J1- q? cKcOk"/3 a ~: ~ Kathi B. Parry CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorneys for Defendant, hereby certify that I have on the date shown below served a copy of the foregoing Interrogatories upon the following and in the manner indicated below: FmST CLASS MAIL, POSTAGE PRE-PAID R. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 ~. Date: ,3 -,~ - q ~ . KATHI B. PARRY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.3287 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE DAVID G. PARRY, Defendant INVENTORY Qf KATHI B. PARRY Plaintiff flies the following Inventory of all property owned or possessed by either party at the tlms this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made In this Inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: d -~ 1-qg L-Jia:;<A.t' tJ ~ Katol B. Parry ~ ASSETS OF PARTIE& Plaintiff marks on tha list below those Items applicable to the case at bar and Itemizes the assets on the following pages. If an Item has been appraised, a copy of the appraisal report Is attached. (x) 1. Real property (x) 2. Motor vehicles (x) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life Insurance policies (Indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, Inventions. royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list all owners, Including percentage of ownership, and officer/director positions held by a party with a company) ( ) 16. Employment termination benefits. severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (x) 18. Pension plans (Indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Mllitary/V.A. benefits ( ) 23. Education benefits (x) 24. Debts due, Including loans, mortgages held (x) 25. Household furnishings and personalty (Include as a total category and attach Itemized list if distribution of such assets Is in dispute) ( ) 26. Other -.A.l MARITAL PROPERTY Plaintiff lists all marital property In which either or both spouses have a legal or equitable Interest Individually or with any person as of the date of sepamtlon: 03/25/1997 17:01 2 PAGE e~ A. SETTLEMENT STATEMENT APPLICATION NO, 8, TYPE OF LOAN " 0 FHA 2, Cl FMHA 3, Cl CONV, 4, 0 VA 5. Cl CONV. INS. UNINS, 5~FmNljMmj'Ii-----11, LOAN NVMDfR 97-2.3~ : 8, MORTGAOE INSURAN,Ce CASE NUMBER : First City Abstract Age,ncy, Inc. Agents for FID~LITY NA~IONAL TITL~ IN~ORANCE CO. U.S. OaPlIllman, 0' Houllng lInd Urban ~ovalopm.nl C. NOTE: Thll lorm 10 IU'OIoh.d I. Olve you a IIAlomonl 01 aclual oalllom.nl CO$\l, Amoun" paid 10 and by Iho IDlIlumonl agonl ~II shown, lIoms markad '(p,o,c,)':wa,a paid oulllde Ihe closing; Ihoy ar. .hown hO'o 10/ Inlo/mlllonal pu/po'.' and alo nOllncluded In ,lho tOlals, 0. NAME AND ADDRESS I' BORROWER E. N1Mf AND ADDAESS OF SfLLER F, NAME AND ADDRESS OF LENDER DAVID G. PARRy'AND DAvtO G. PARRY EYERHAUSER MTG~ CO. KATHI B. PARRY, liIS WIFE: ' , , I H. S6TT~eMENT AOENT I First :Clly Abstract Agancy, Inc, PLAC~ OF SETTLEMfNT OFF IdE / CLOSER I 0, PROPERTY I.OCATION: LOT U9 ORCHARd TERRACE UPPER ALLEN TOWNSHIP CUM6ERLAND COUNTY I, SETTLEMENT DATE J.~~-97 I J. SUMMARY OF BORROWeFl'S TIWiSACTION , , , I 100. GROSS A~'OUNr DUE FROM BOR~OWER: 101. Conllaclalles rico 102.P.rlonal to .Ily I 103. 8alllomonl charO.1 to borrowOI (IIna 1400) 104. 105. l K. SUMMARY 01' SEL~ER'S TRANS~CTION 400. GROSS AMOUNT DU/: TO ~ELLER: 40'. Conllael sales prleo 402, Plltonal /0 0 403. 404. 40~, I MiuSlmOn,. /0' 1/oms p.iel by s~IIQ' In lIelv.nes AeI/uSlmanl. /OII1,m. .leI 0 104. CII nown I.... 10 107. Count I.... 10 108. School I'." 10 lOll, W'III/Sower 10 Ita. 111. 112. 120, "lIer In .(/Va ,c, 408. CllylloVln ta... 407. Count 101" 408, SChool13l0e 40~. W.'orrSow.r 410. 4tl. 4t2, 420. 10 10 10 10 " GROSS AMOIJNT elJE FROM BORROWER QROSS AMOUNT OUE TO SELLER i"rd'n - I ' IN./ilEHALF OF BORROWEffi..._ _,_AD/I...R~T~~'''^' "IT.~' It: ...), ~... . ~^,- 1N9(JRANCE CO. , I U.S. Oopartmon,t 01 Hou51ng and Urban ~ovolopmonl C. NOTE: Th/S 'arm I. IUlhlohod 10 g/vo you a lIalomen! 01 aClua/ ,ulI/omonl C05/$, Amounl, po/d /u and by Iho sUlllumonl agonl ~r. shown, 1I0ms mlrllod '(p,o,C,)':WOIO plld cullld. Iho elo,/ng; they OIU ohown hOlo 'or Inlolmallonal pUlpoSOS and aro nOllne/udod /n .Ihe \Ollls, O. NAME AND ADDRESS QF BORROWER E, N~ME ANO AODRESS OF SELLER F. NAME AND AOORESS OF LENOER , DAVID G. PARRY 'AND DAV~D G. PARRY KATHI B. PARRY \ HIS WIFE I I H. S~TmMeNT AGENT Flral ,Cily Abslrael Aoaney, Ine, PLAC~ OF $ETT~EMENT OFFiCe / CLoseR I F!DELITY Agents tor NAT:IONAL TITLE a. PROPERTY LOCATION' LOT #9 ORCHARd TERRACE UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY i J. SUMMARY OF OQRRQWEfl'S TRAfo/SACTION , , I 100. GROSS AflOUNT DUE FROM BORROWER: 101. Conllect lain rice 102. Plllonll ro ony 103. Selllement cholgo. 10 bO/fOWOI (IIno 1400) 104, 105. Ad/usrmont. 10' lI.m. aiel b f05, Cllynown tlXtI 10 101. COunl I.... 'a 10a,Schooll.,.s 10 109, WII,"S,wer 10 110. III. 112. /ZO. """ In aclvailc" GROSS AMOVNT DVE FROM BORROWER ?,f'trn / 200. AMOUNTS PAID BY OR IN BEHALF OF BORR(lWER: 201. O,poIII 01 urnesl mono ! 202, Pllnclpol amounl 01 new 'oonlsl .. 203, a,I.lln loanl' lakon IU ocllO 20~. 205. 20B. 207. 208, 209. 210, 21t. 212. . , AdNslmGnla 'or HGms un aid b 213. Cllyllown 10'" 10 21~. Counly ,.,.. 10 215, SChoo".,.. 10 21B. WalellSal'lor 10 217. 218. 219. 1120. sollor TOTA' PAID qr I FOR BORROv.!ER tf o o. fJtJ 300, CASH AT SerlUMENT FROM I TO BORR.OWER 301. GrOll amoun, dUG Irom borrower (IIn, 120) .()(J(J 302. Lell omounlS pold byllo;, bollower (/In. 220) 303. CASH (0 FROM) . i --" - , 0 VA 5, lJ CONY, INS, UNI"S. 5~FlceNUMu~fi---- fi:-illAN l/ul.tOd, 97-2-3353 8. MORTGAGe INSURANCE CAse NUMBER : EYERHAUSER MTGE co. I. SeTT~~MIiNT OAT~ ':;'J.~-Cj'7 K. SUMMARY OP SE~LIiR'S TRANSACTION 400. GROSS AMOUNT OU/; TO 4ELLER; ~01. Con"OCI III.. p,lce ~02, P'"onal pro 0 403. ~04. 405, Ad/ustmonl. lor lIam. poid by .o/lw /n oel,anco ~oa, Cilyllown la'GI 10 ~07, Counl la,ea 10 ~oa, SChooll..oa 10 ~O~, Wator/Sowor 10 ~'O, ~11. ~12. 4iO, - OROSS AMOVNT DUG TO SELLER 500, ReDUOTIONS IN AMOUNT DUE Tb StiLLER: 501. Oe Os/I 01 oomosl mono 502, SOll/omonl chorgos 10 sollor (/in. '400 503, Payoll olllr., mort a 0 loan 504. T.... 10 505, Waler/Sower 10 505. 507. 80B. 509. 510. 511. 512. e",ow lor: Ad uSlmonlS lor IIome unpaid by soll,r 513. Cllrllown I.,el 10 5'~, Counly la'es 10 515. Schoo/lIlCO' 10 5' a, WOlollSewor 10 517. 518. 519, 520, TOTAL REDUCTION AMOUNT DUE SELLER' . . 500, CASH AT SETTLEMENT TO/ FROM SELLER ao1. GIOIS omounl duo 10 sollor (IIno 420 a02, Loss roduCllon. In Imoun! duo sollor lino 520) (, 603, CASH (0 TO) (0 FROM) SELLF.R ..~ .~ __'0'"' I r fl" , , 7DO. TorAL$A~6$IBROKfR~ COMMISSION b,,,d O' prig, , all Dly/l/o. 01 C","m/..lo. (II", TOOl" 101/0"'; 10 10 omml..IOn pilCl .1 A'III,m"1 'Y. . BORAOWER:S FUND AT ~I!~~".:r ~ ,...1... r I ..... SEI.I.EA'S , FLirlOAT <on, .f...f;Ul.. ~.. - -." -... ... .............. T01. T02 li\~, T04, I.. ........ 800, ITEMS p,o, 'fABLE 1/11 CO/llNECTIO/ll WITH LOi:N... '601. oan O,IO,noIlO' F.. 'to I "', '. , 802, Lo.n el.~ounl % 803. A.."IUm. 10 I1v. 804. -Olld,1 R..O" 10 . 1'805. L.nd.. ..n'O'e1 on F'~ ~ 0 ,.UJfr" M /J Trnl 'T1i,/(.. ,. ~ ~ or~ ,f!.'U/~ C 'iI'. . "tf~,n -~i""'" C09, -J.-I.h ~ -':'.J 17 t,n. " . I.' ...,' .~ " '\ 7 T 74']'" ' ,?'("N .,.,.. ::-.i,;t:;;~. ~ -VfJ..ru' ,. ..1 1',:, 9ft J Q . -0 oJ ,. 900, ITEMS ReQUIRED BY LENDER TO SE PAID IN ADV,o,NCe 001. l'I"..llrom 10 ClP S 002. MonOI;I'ln.urlnot Promlum lor' monlh.lo 803, liiurd In.ur.ne. Prlmlum /01 .,.... 10 004, 'II" 10 Id" . "",.,- 't? 2- loor:kUo,d In.u,oncI II:rl.l0f10no. In.uronc. I ~Il".ro.."v I.... 1004, C.unlY pIOPO". I.... 1005,8~hool 11'"' 1008. 1000, RESfiRVES DEPOSITED WITH LE/IIDER monlh' '" .Imo~'hs , I\mOi\I~h' , II .- I "'o/\In 1$/7 I monln I <lP , monlns (!II , , I ,7 'T 7 liD\, SOIlI.monl or CiOlino ,.. 1102. Ab.llacl or III. ....en 1103. TlIII ...mlnallon IIB4.'l1111 In,Ullnc. blndll "05;oo~um.nl pre."'1 on 1108, Till' In.u"nc. 10 -(7i1~Tud" ,bOY' 111m numPer" 1101 . 1104) liDO, L.nd"', covoreOI , ' 1110. 0..n171 cov..an. , ' tII I. DISBURSEMeNT CHARO'ETO ....::;liC ,...,., 1"2,A'Ol1iT10NA~ OHARO TO Endors.m.nl /It!)' ~710/li<W" /200, GOVERNMENT RECORDING A/IIOA~A/IISFER CHARGES: 7 //00, TITLE CHARGfiS 10 10 10 10 10 '" , pel month . DO' manln ppr monlh flD' month PO' monln ~nr monln I , ....... '. ...., /..fel, #T' " ',1 i ',. "- "" " -JUi'l4r /ZS, "..l' : A.I.... $ 'T7 A' /1 1 1300. AOOITIO/llAL SEITLEMENT CHARGES ^ ; l!lO' SUl'VIY 10 " ..... : 1302. PIlIlnlPlclion 10 : . '. 130Y.NolliY".. 10 I 1304, 1 1305, ... IT .(}'/~'" _-ffll fI. ~,I ( c:: flU I Nu ~ ", ~. 1.( ~ 1:;7 -,~oa 11 ,F"'-. /l'll' j 01\ Bt:l "'-JiC r~,.rU :'~II ..... ./. 'lI "'J 1~07, P)," 1f).'/~ ~ I~FJ.. I IJA r~I"1 I 130a, I , --:;:; 1308. ~ 13\0, 70 U-'-"r;t;"f!.,-c.- I ,A "7 ' "" \', '" /400, TOTAL SETTLEME/IIT CHARGES I~n'el on IiMS 103. Seclion ""d 502, kection K) q<( OOOl,'.J ..... CERTIFIC~lION -r . ., .. , I direcl.nd a~lhorll' Ihl Company 10 maka Ihe dlsllibulions,ndicalad fOI my accounl on the O\la~lIld HUe.l SeMllmenl 3"I.menl, 'OOOORil;n. If,bl ", Company Is nOI rpsponslble lOr IhO acculDCy 01 valld,ly 01 dilDurAlmen! amounls or IlIb COmp';lIenen 01 chargos made by olne,s. OiSDu'Slmenl! "'b~, lIer8undar ole guaranleed by Iha Company. Funds deposlIsd wilh Ihe Company In COMCCllon Willi Ihe selllomenl are nol heid in IIuSl, and inltle!1 (' )11,': ,aluobl, con,idllalion may be carnod and lolained by Iho Company on Sucll selllsmenllunds,: . I Mvo cnrel~lIv luviowod 1110 HUO.I SOlllom.n: SlalOm.nl OM 10 Iho baSI 01 my knowlodgo ond bollslll i. . IIuO ,no ac~ural. Ilalomenl 01 allleco,~,'! or I; lll~l!J.Iome~ 'miiifo my occou~. In Ihls IIMaacllon Ilunher ~e"i1y Ih~11 hOve rocp,vOd , ~OP1 ollho HUD.\ Sen'emonl S1310mul,1 1201:A.corolnolaoll OOld' " / I 20Z. C1lylcounly lax/lllmp,: '00.0 S -1203, 5101. 10"llnmpa: Oood $ 120~, : MonOIO. $ r / I : MonOlo' S : Monoooo $ J J n ## "- -::J3. '- .....J \ l-~ ,.~ "!'" / 11.'/1'1/, "1 l~j'~,rH , 'UI;nUC1III 80Il0_ufl)1 Siiiiiiir 14<1I011 A~I'" r~O HUe.l Setll. allme~t,.\jhlch I have pr,parld Is a IIUI and ar.~urZlo QC~Ounl ollhisllariszcllon, I ha'l ~ausod 01 ",!Ii eaUlo tho hinds 10 O'I~ul\t: n accordln ,Ill thllllale . Inlfmonlo\;Ol\' 0&10 YARNING: II is 0 crlmo 10 knowingly mako 1,lso ,:Ial.",onll 10 Iho UMed Sial&! on Ihis 010"1 c,lner similar 101'1\ Penil!:'.! u:~, con'/iellon (I., In,:',Ju; 'ne and imprlSOnmenl. For delolls s.o Tillo 18 U,S, Code SOclion 100' and Secilon 1010, ITEM NO.....2.... DESCRIPTION: 1990 Chevrolet Lumina VALUE: $2.550.00 DATE OF VALUATION: Present NON-MARITAL PORTION: AMOUNT/NATURE OF LlEN(S): N/A ITEM NO. -10.... DESCRIPTION: 1990 Chrysler leBaron VALUE: $ -0- DATE OF VALUATION: Vehicle not runnine. transferred to Wife's sister. who spent approximately $2.000.00 in repairs. NON-MARITAL PORTION: AMOUNT/NATURE OF LlEN(S): ITEM NO..lL.. DESCRIPTION: 1996 Chevrolet Blazer VALUE: $7.000.00 DATE OF VALUATION: Husband traded Blazer after separation and received $7.000.00 on the trade. NON-MARITAL PORTION: AMOUNT/NATURE OF LlEN(S): ITEM NO. -12... DESCRIPTION: Savines Bonds in Wife's possession V ALUE:S2. 700.00 DATE OF VALUATION: Date of Separation NON-MARITAL PORTION: AMOUNT/NATURE OF LlEN(S): Household Furnlshlnas In Wife's Possession Dav Bed (.100.00) 27" Lagle Television ($100.00) Sofa ($200.00) Kitchen Pots, Pans, Plates and Utensils ($50.00) Thres (3) Lamps ($60.00) Dining Room Table and Five (5) Chairs ($300.00) ITEM NO. --1-. DESCRIPTION: Morteaee. marital residence AMOUNT OF PRESENT DEBT: $89.000.00 AMOUNT OF DEBT AT SEPARATION: $69.000.00 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: ITEM NO. -2-. DESCRIPTION: Lot AMOUNT OF PRESENT DEBT: $7.000,00 AMOUNT OF DEBT AT SEPARATION: $5.500.00 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: ITEM NO. -3...,. DESCRIPTION: AAA Visa Credit Card AMOUNT OF PRESENT DEBT: $ Wife is makine on eoine payments AMOUNT OF DEBT AT SEPARATION: $3.500.00 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: PROPERTY TRANSFERRED Plaintiff lists all property in which either or both spouses have a legal or equitable interest either individually or with any other person and which has been transferred within the preceding three (3) years: PROPERTY TRANSFERRED ITEM DESCRIPI'ION NQ. OF PROPERTY DATE OF TRANSFER CONSIDERATION PERSON TO WHOM TRANSFERRED 1. Marital Residence 02/97 2. 1990 Chrysler leBaron 3. 1996 Chevrolet Blazer 4. Household Furnishings 5. Household Furnishings 6. 7. $69,000.00 David Parry $ -0- Wife's SiSler (See Item 10 Explanation) $7,000.00 David Parry $810.00 $3,000.00 Kathi Parry David Parry Taxes Real Estate Personal Property Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices) Education Private School Parochial School College Religious Personal Clothing Food Barber/Hairdresser Credit Payments MONTHLY YBARLY (Fill in appropriate column) $200.00 400.00 50.00 400.00 600.00 50.00 200.00 INBURANCBI Coveraqe* ComDanv policv No. H H ~ Hospital Blue Cross Other Medical Blue Shield other Health/Accident Disabil. Income Dental, vision other *(H=Husbandi W=Wifei J=Jointi C=Child) "11 02 1998 CONNELLY, REID AND SPA~E Client Ledgerl "AllER I 9b014. ALL DATES PAGE DATE -.----..------------------------------.-.--------------------------------------.-------------------------------------------------.-. RECEIVED FRO" I PAID TO EXPLANATION CHE I :--------.- G ENE R A L .---------: BLD :----..... T R U S T .--..-.-__: INV I RECEIPTS DIS8S FEES INV RECEIPTS DIS8S 8ALANCE ------------------------------------------------------------------------------------------------------.--------.-.------.----------- CLIENTI 40b - P.rry Ill, l.thi B. "ATTERI 9b014. REI Divorce/Eouit.ble Diltributlon. Jun O~ 9b LAWYER, 1 1.00 Hrl I 200.00 OfficI conlult.tion Mith clilnt, Jun 05 9b LAWYER, 1 1,00 Hrl I 200.00 Prlo.r.tlon of Dlvorcl COlol.lnt, Jun Db 9. C'lh-IIC DIPolit "onlY into ElcroM Account Jun 01 9b CUlberllnd County Prothonotm 13483 Filing Fill COlpllint in Dlvorcl Jun 25 9b LAWYERI 1 0.20 Hrl I 200,00 Tlllphon, conllrlncl Mith clilnt. Jun 30 9b BILLIN6 ON INVOICE 17722 FEES 440.00 DISBS 19~,50 Jul 11 9b ConnlllY. Rlid .nd Sp.de mo hcroM Trlnlflr Jul 11 9b Connllly, Rlid .nd Sp.de .b3~.50 Clilnt P.ying 6ill ElcroM Trlnlfer Aug 2b 9b LAWYER I 1 0.20 Hrl I 200.00 Tllephonl conflrlnce Mith client. Aug 31 96 81LL1N6 ON INVOICE 16156 FEES 40.00 S,p 10 96 LAWYER I 1 0.20 Hrl I 200.00 Tlllphonl conferencl Mith clilnt. SIP 12 9~ Connllly, Rdd .nd Sp.dl 633b EstroN Tr.nlflr SIP 12 96 Connllly, Rlid Ind Splde, ct . 6336 -40,~0 Clilnt P.ying 6ill S,p 30 96 Long dilt.nce phone ch.rgel S.p 30 96 61LLING ON INVOICE 16345 FEES 40.00 DISBS 1.53 Oct 10 96 LAWYER, 1 0,20 Hrl I 200.00 T.lephon. conferencl Nith client. Oct 10 96 LAWYER I 1 0.30 Hrl I 200.00 Tlleohonl conflrence Nith "r. 8ievel. Oct 16 96 Connell y, R.id .nd Sp.de 6368 EseroN Tr.nsftr Oct 16 96 ct I 6366, cm -41.53 Client p.ying Bill Oct 23 96 LAWYERI 1 0.30 Hrl I 200,00 R,vien of Correspondence .nd CUltodY COlpl.intl Letter to client Oct 31 96 81LLING ON INVOICE 18550 FEES 160,00 Nov 07 96 ConnlllY, Reid .nd Sp.de b391 EleroN Tnnlfer Nov 07 96 Conne II y, Reid .nd Sp.de, ek I 6391 -l.Q. 00 Clilnt P.yino Bill Nov 13 96 LAWYERl 1 1.00 Hrl I 200.00 Of lice conlull.tion .ilh client. RESP. LAWYER: 1 - John I. Connlllv 200.00 17722 200,00 17122 17722 1000.00 Ae 1 1000,00 195.50 17722 40,00 17722 0.00 17722 18156 -.35,50 Ae 1 364, ~O 40.00 18156 0.00 1B156 40.00 18345 18345 -40.00 Ac 1 324.50 1.53 16m 0.00 18345 40.00 16550 60.00 16~50 16550 '41.~3 Ae 1 262.97 .O.CO 1B550 0.00 1B550 1B741 -1.0.00 Ac 1 122.97 200.00 18741 PAGE 2 hr 02 mB CONNELLY. REIO AND SPADE C11.nt L.dg.rl HATTERI 960146 ALL DATES DATE ........--..................-.........--------------------------------.-.-----------------------------------------------.--.-.------ RECEIVED FRDH I PAlO TO ElPLANATlON CHE I :---------- 0 ENE R A L ----------: BLO :--_._---- T R U S T --_._-----: INV I RECEIPTS OlSBS FEES INV RECEIPTS DlSBS BALANCE --------------------....--------.-.-------.-.-------------...------....-.----------------------------------------------------------- Noy 20 96 LANYERI I 2,00 Hrl I 200,00 Trly.1 tll' Ind Itt.ndlnc. It cUltod! conclllltlon conftrlnc. Nov 20 96 LANYERI I 0.10 Hrl I 200.00 Tlllphonl conllr.ncl with clllnt. Nov 30 96 Long diltlnc. phonl Chlfgll Nov 30 96 BILLING ON INVOICE IB741 FEES 660,00 DISBS 6.22 Ole O~ 96 Conn.1l y, Rtld Ind SPld. 6413 Elerow Trlnlftr Ole O~ 96 e~ I 6413, CRIS -122.97 Clllnt Plying Bill Ole 13 96 LANYERI 1 0.20 Hrl I 200.00 Prlplrltlon 01 Iupport elleulltlonl D.e 16 96 LANYERI 1 0,20 Hrl I 200,00 Tlllphone conlerence with ellent, Ole IB 96 LANYERI 1 0,30 Hrl I 200,00 Tlllphone eonllrlnee with Atty, Enderl' Litter to Atty. Endm Dee 26 96 Long dlltlnce phonl ehlfg.I Ole 21 96 LANYERI I 0,30 Hrl I 200.00 Rlvlew 01 COffelpondenel I L.tter to Atty, Nllterl' Litter to client Ole 31 96 BILLINB ON INVOICE IBB96 FEES 200.00 DISBS 0,~3 Jln 31 97 BILL INS ON INVOICE 19069 Fib 03 97 LANYER. I 0,10 Hr! I 200.00 Tlllphone conl.r.ne. with ell.nt. Fib 13 91 LANYERI I 0.30 Hr! I 200,00 TII.phone conl.rlnel with HUfrel Nllt.r!, Tel.phon. eonflr.ne. 11th ell.nt, F.b I~ 97 BILLING ON INVOICE 1921~ FEES BO.OO Har 03 97 LANYERI I 0,10 Hr! I 200.00 T.llphon. eonferlne. with ell.nt. Hlr I~ 91 BILLING ON INVOICE 19393 FEES 20.00 Apr 15 91 LANYER, 12 0.20 Hr! I 4~,00 Tel.phone conl.r.nee wllh cli.nt, Apr I~ 97 BILLINS ON INVOICE 19~9' FEES 9.00 Apr 21 97 LANYERI I 1,00 Hfl I 200,00 Of II lee conlultltlon with eli.nt, Pr,olfltion 01 Petition to Hodi Iy CUllody. Apr 22 97 e~ I 1~9 Depollt Honl! into EICfOI Account Aor 2' 97 CONNELLY, REIO AND SPADE 6629 Eurol Trlnlftr 400.00 IB741 60,00 IB741 6.22 IB741 0.00 IB741 IBm -122.97 0.00 Ac I '0,00 IBm 40.00 IBm 60.00 IBm 0.53 IBm 60.00 IBB96 0.00 IBm 0.00 19069 20,00 1921~ 60,00 19m 0.00 19m 20.00 19393 0.00 19393 9,00 19m 0.00 19594 200.00 19B35 19m 1000,00 1000,00 Ae I -m.7B 147.22 Ac I 19G3~ I I' , "Ir 02 1999 CONNELLY. REID ANO SPAOE Cli.nl L.dg.r, "AITERI 960146 ALL DATES PAGE 3 DATE .-----.....--.--............---....---------------.---------------------.----------------------------------------------------------- RECEIVED FRO" I PAID TO ElPLANA Tl ON CHE I :-----..--- G ENE R A L ----------: aLD :......-.. I R U S T --...---..: INV I RECEIPIS DIS9S FEES INV RECEIPTS DISBS BALANCE ------------------------------------------------------------------------------------------------------------------------------------ Apr 24 97 CONNELLY. REID AND SPADE -Bl2.18 Cli.nl PilIng Bill "IY 09 97 lAWYER I 12 0.20 Nrl I 4l.00 lll.phon. conllrlnCl1 wilh Allorn'l Sundll'l offlc, 131. T.I.phon. conf.r.nc. wilh "ur,.1 WIII.r'l offlc,. "IY 13 '7 LAWYER I I 2.00 Hrl I 200.00 Irly.1 til' Ind Ilt.ndlnc. II Supporl Conf.r.nc.. "II Il 97 BILLING ON INVOICE 1981l FEES 609.00 "II I' 97 LAWYER: I 0.20 Hrl I 200.00 Rlyi.w 01 CUllodl COlplllnt. "II 22 97 Conn.1 II, R.id , Spld. b612 hcrow Trlnl'tr "112297 ct , 6672, CR'S -147.22 Cli.nt Piling Bill hI 23 '7 Long diltlnc. phon. chlrg'l "II 27 97 LAWYER. I O.BO Hrl I 200.00 Trly.1 tl.. and Itt.ndlncl II CUltodl Conciliation. Jun 10 97 LAWlER, I 0.10 Hrl I 200.00 T.llphon. conl.rlncl wilh clilnt. Jun I' 97 BILLING ON INVOICE 20040 FEES 220.00 DIS9S 0.27 Jun 24 97 LAWYER. I 0.20 Hrl I 200.00 T.IIPhon. conl.rlncl with clllnt. Jun 30 '7 Long dlltlnc. phonl chlrgll Jul II 97 LANIER I 10 O.lO Hrl I 60.00 Rlyllw 1111 Ind prlparl "otion lor Apoolntl.nl of "IIttr, Jul Il 97 BILLING ON INVOICE 20226 FEE9 70.00 DISaS 0.'3 Aug 06 97 LANYER. I 1.20 Hrl I 200.00 "I.tlng with clllnt. PrlPlration lor Hllrlng. AUI 07 97 ct , 19B Dlpolll "onll Into Elcrow Account AUI 07 '7 Conn.lll. R.ld , Spadl 6769 hcrow Trlnlltr AUI 07 97 ct I 676'. CR'S -7l2.lB CII.nt Plllno Bill AUI 14 '7 LAWYER, 12 0.20 Hrl I 4l.00 T.llphon. conl.r.ncl with Judgl 011r5" Chllb.rl. Auo 14 97 LANYERI I l.lO Hrl I 200.00 PrlParlllon lor Hllring. AUI Il 97 BilLING ON INVOICE 20180 FEES m.oo AUI I' '7 lAWIERI 10 O.lO Hrl I 60.00 RIYIIW 1111 and Inltlll docul.nl Or'PI'lllon. Aug 20 '7 LANIER. 10 O.lO Hrl I 60.00 Llttlr 10 clllnt rll Prl-Irlll docul.nll. '.00 19B1l 400.00 19B1l 0.00 19m 40.00 20040 20040 -147.22 0.00 Ac I 0.27 20040 160.00 20040 20.00 20040 0.00 20040 40.00 20m 0.51 20m 30.00 20m 0.00 20226 240.00 20lBO mBO 1000.00 1000.00 Ac I .ll2.l9 247.42 Ac I 20190 9.00 20180 100.00 20180 0.00 m80 30.00 20611 18.00 20611 hr 02 m8 CONNELLY, REID AND SPADE Clltnt Ltdalrl HAlTER 1 9601~6 ALL OATES PAGE ~ DATE ......-----.....-..--.........------.-----------------------------------------------------------------------.--------------...--.-.- RECEIVED FAON I PAID TO ElPLANATlON CHE' :.......... G E HER A L ..........: 8LD :......... T R US; ......----: INV. RECEIPTS OISBS FEES INV RECEIPTS DlsBS BALANCE ------------------------.------.----------.--.-.----.-------------------..._--_.._---------------------.---------------------------- AuO 20 91 LAMYERI I I.~O Hrl I 200.00 Prlalrltlon for Hllrino. Hlltlno Mllh elllnt Ind loth" . AuO 21 91 Connllll. Rlid I SPldl 6782 heroM Irlnlhr AuO 21 91 cll 61B2, cm '147.~2 Clllnt p"lna Bill Au~ 22 97 LAMYERI I ~.OO Hrl I 200.00 Prlplrltlon, trill I lill Ind altlndanc. It CUlladl Hmlno. AuO 25 91 Phatocapill AuO 21 91 Lono dlltlncl phanl chlrgll SIP 02 91 LAMYERl 10 0.30 Hrl I 60.00 TlllPhonl canflr'~ct Mlth clllnt Ind fa. prl.trlll dOCUltntl to clllnt. stD 08 91 LAMYERI 10 0.90 Hrl I 60.00 TtltDhonl conltrlnct Mlth Attornll Wlltlr'l olflcl 1.211 hlfPhant conltrtnn M1th Clilnt'1 IIploYlr 1.111 hltphont canhrenct Mlth clltnt'llon 1.111 Itlltr to Attorntl Ellcltr 1.211... Stp 11 97 LAWYERl 10 I.~O Hrl I 60.00 RtvltM dOCUltntl forMardtd bl clllnt and blgln prtplratlon 01 Invlntory Ind prt.trill Itlttltnt 1.911 hllphont conhrnct Mlth clllnl 'I valct 1111 1.111 Ind, rtVitM lilt rtglrdlng IdlntlliCltion... StP l' 97 LAMYERl 10 2.10 Hr. I 60.00 Lltttr to Attornt! Ellcl.r 1.211 Itttlr to Attorn'l Malt.rs 1.2)1 t.l.phont conllr.nc. Mlth Kllttr'l olllc. 1.211 prlplratlDn 01 Prt. Trial Stltt'lnt and InVlntary (l.I11 hhphon. canhrtncI Mlth... s'P 15 91 BILLING ON INVOICE 20611 FEES 1410.00 DISBS 5.78 Oct 16 97 LAWYER I 10 0.10 Hrl I 60.00 T.I.phan. conl,rlnc. to clltntl L.lt "lllgl on vain ..II. Oct 28 97 Long dlstlnc. phont chargll Oct 28 97 Long dlltlnCt phont chargll Nov 10 97 LAMYERl 10 o.~o Hrl I 60.00 Tlltphant canf.rtnet Mlth clilnt and "'"0 to Atlornty Conntlly. D.c 09 97 81LLING ON INVOICE 21158 FEES 10.00 0lS8S 1.11 Jln 26 98 Lono distinct phant Chlr!tl Jan 31 98 81LLING ON INVOICE 21568 DISBS 1.20 280.00 20611 20611 '147.~2 0.00 Ac I 800.00 20611 UO 20611 0.98 20611 18.00 20611 5~.00 20611 8~. 00 20611 126.00 20611 0.00 20611 6.00 21m 0.11 21m MB 2lI58 2~.00 2lI58 0.00 2lllB LID 21168 0.00 2mB ",r 02 199B CONNELLY, REID ANO SPADE Client Ledgerl "AllER 1 960146 ALL DAlES PAGE 5 OATE ---------------------------------------------------------------------------------------------------------------------.-------------- RECEIVEO fRO" I PAlO 10 EXPlANATION CHE' :---------- G ENE R A L ----------: !LO :--------- T R U S T __________: INV' RECEIPTS DISBS FEES INV RECEIPIS OISBS BALANCE ----------------------------------------------------------------------------------------.-----------------------------------.-.---.- Fib 1B 9B ck I 147 Client PlylnQ Bill -1149,67 ....................1&.............................................................................................................. OISBUR5E"ENIS . 195,50 195.50 ALLOCAIlONS . 17,17 17,17 FEES - m7,OO 45J7.00 RECEIPTS' 4749,67 4749.67 GENERAL BAL. 0,00 0,00 IRUSI 10TAL 0.00 0.00 TOTALS FOR REPORT PERIOD I TOTALS UP TO ENDING DAIEI ..........:......~.....................=:.....=:..=:=............=..............=....~c=.s..s......a.:.............................. III REPORI SELECTIONS III REPORTr Client Ledoer DAIEr "on ",r 02 12131109 1918 "ATTERI 960146 CLlENTI LAWYERI III Ilwyers SEARCH KEYI STARTING DATEI nodlte ENDING DATEr nodite ACCOUNTING ONLY DR TRUST DNLYI no restrictions TOTALS DNLYI No ... ". ~)< r.i. ~t~.. 7~ 9Y~.4/ 1Itu1Ul~~ fA O(l~S- " '. June 10, 1997 Kathi Parry 560 Allenview Drive Mechanicsburg, PA 17055 Dear Ms. Parry: I will not be renewing your lease on October 31, 1997 when it expires. Since you have children' the appropriate time to move would be during the summer months, therefore, if you plan to vacate before October 31, 1997 I will not penalize you for vacating early. As soon as you find another rental unit, please give me written notice of your vacating date. Very truly yours, ~d,~&tt" i i.(..' Helga Azizhkan Copy:Jack Gaughen Realtor - Betty Fitzpatrick Allenview Homeowners Association JIh., t,...'(. UYI'l"" ~.tJS. ( 0lAAu.. '1 5"~~ lJfIJl'VIJ~~.) 9{prtlierrt Senior 9-fign sc/ioo{ 655 South Balllmor. Slreet DlIIsburg, Pennsylvania 17019 (717)432.0691 RICHARD p, DIETRICH. Principal DR. WILLIAM J. GALLAGHER, Asslslanl Principal MARTIN L. GREEN. Guidance Counselor ANN K. RALEY. Guidance Counselor JILL M, SANDERSON. Guidance Counselor May 23, 1995 To whom it may concern, I am writing this letter with much regret to tender my resignation as Assistant Track Coach effective the end of the present season. For fourteen years I have coached track here at Northern and these have been some of the most enjoyable times in my life. I have come in contact with some incredible individuals (both coaches and athletes) and knowing them has enriched my life. Recently I have felt some degree of guilt about the time that I'm not spending with my own family, especially in the spring time when my oldest son plays baseball. I don't want this guilt to get to the point where I'm not doing a good job here because I know I should be there. Therefore I feel this is the proper time for me to get out. I still plan to coach Cross Country in the fall and continue 'to work with the Indoor Track program over the winter season. Lastly, I would like to thank you, the administration. school board, etc. for hiring me as a coach and giving me an opportunity to do something that i love so much. ~in education ~d coaching. ( C-d,.t JJ r4-- Dave G. parry""" PLAlNTlFP8 EXHIBIT I '!fit ml.ulon of ,fr, 'J.["'lfrtm ?,or(County Smoo(Vis,rict. in (OI'ptmllon ..,iii If" fu,mt IIl1t "",/lII/ln;Iy. iJ /0 tnsurt tliat oIlw.mm art prrparrtf /0 nutl Ifrt rllJ1lltl1f1U of /OIay aM /O""'nvu'. MAY 2 4 1005 American Airlines" July 15, 1997 , ~ ~ ; Steven Spencer. Manager Passenger Sales PHL The request for an three (3) month extension to relocation benefitll, In conjunction with the transfer of Kathl Parry, employee IQ4997 from BWI to PHL has been approved. Kathl's extension will expire on September 15, 1997. Please have Kathl provide a copy of this letter to Relocation Expenses, MO no TUL when submitting for reimbursements and to Atlantic Re~tlon Systems when making arrangements for the shipment of her household goods. Sincerely, !lwLt<.bJ~ Carol L. Weaks Coordinator of Relocation MO 5115 HOC , AIRPORT BUSINESS CENTER, INTERNATlUJ.JAL COURT TltHEE, :I()() STEVENS onIVE,lESTEfl. PENNSYLVANIA 10113 . . 1117- 3b v. I I I I I I I IN THB COURT OF COMMON PLEAS OF CUMBBRLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY REBECCA OVER, plaintiff JONATHON SCOTT OVER, Defendant NO. 1060 CIVIL 1993 IN REI OPINION PURSUANT TO PA. R.A.P. 1925 Oler, J., July 25, 1997. This is a child custody relocation case. plaintiff has appealed to the Superior Court from a second denial of her request to relocate the parties' two children to North Carolina. This opinion in support of the court's order is written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). STATEMENT OF FACTS Plaintiff is Mary Rebecca (Becky) Over, 31, residing at 351 HeislJrs Lane, Carlisle, Cumberland County, Pennsylvania. 1 Defendant is Jonathon Scott Over, 33, residing at 9 Wood Lane, Carlisle, Cumberland County , Pennsylvania. 2 residences are within three miles of each other.! The parties' The subjects of this custody litigation are the parties' two childr.en, eleven-year-old Brittany Rebecca Over (d.o.b. April 24, 1986) and five-year-old Jared Scott Over (d.o.b. April 25, 1992).. In 1993, this court awarded primary physical custody of the N.T. 4, Hearing (April 23, 1997) (hereinafter N.T. _ (April 23, 1997)1 Over v. Over, 42 Cumberland L.J. 558, 559 (l993)1 Plaintiff's Exhibit 1 (April 23, 1997). 2 N.T. 66, Hearing (May 8, 1997) (hereinafter N.T. ___ (May 8, 1997)1 Over v. Over, 42 Cumberland L.J. 558, 559 (1993). 1 N.T. 130 (April 23, 1997). N.T. 4 (April 23, 1997). . . . NO. 1060 CIVIL 1993 * * * * l3. Mother thereafter called Father at work and announced that she was going to commit suicide. * * * * 15. Mother was admitted to Carlisle Hospital on August 12, 1992, and discharged on August 25, 1992, having suffered from major depression. * * * * 17. Mother remains bitter and angry with respect to Father. lB. In confrontations with Father, Mother makes little attempt to avoid exposure of the Children to her hostility toward Father, and on occasion employs histrionics, such as pretending that Father has knocked her to the ground. 19. Mother has announced her intention to move with the Children to North Carolina; the Court believes that the primary motivation for this decision is to punish Father by withdrawal of the Children. . . . . 23. On the weekend of June 4, 1993, Mother intentionally violated [a temporary custody order entered by the Honorable George E. Hoffer of this court] by taking the Children to North Carolina after failing to obtain Father's consent and after unsuccessfully seeking Court authorization for the trip. 24. Following a hearing on July 2B, 1993, Mother was adjudicated in contempt and fined $300 for the violation. * . * * 3 . . . . NO. 1060 CIVIL 1993 26. primary actively Mother has been the caretaker, but Father involvsd in raising them. Children's has been . * * * 28. The Children's paternal grandmother lives in Cumberland County and has had a close relationship with theml the Children have no established ties to North Carolina.' The oblique references in the 1993 adjudioation to certain parental misconduct toward Plaintiff in North Carolina, and the sealing of an exhibit consisting of Plaintiff's psychiatric reoords" were intended to protect Plaintiff's privacy in these areas. However, it may be noted that Plaintiff joined the military to escape the environment in which she was raised,. and that there is nothing in evidence tending to show that the offending family member no longer lives in the area to which Plaintiff wishes to move the children.' The custody order presently in effeot was entered pursuant to an agreement of the parties on September 1, 1995. This order, incorporating the terms of an earlier agreed-upon order dated November 14, 1994, provides for (a) shared legal custody, (b) primary physical custody in Plaintiff mother, and (c) partial physical custody in Defendant father, every Wednesday from 5: 30 , Over v. Over, 42 Cumberland L.J. 558, 559-61 (1993). . N.T. 69 (May 8, 1997). CE. N.T. 44-45, 78-79 (April 23, 1997). 4 . . . '. NO. l060 CIVIL 1993 p.m. to 7130 p.m., on alternating weekends from Friday at 5130 p.m., until Sunday at 5:30 p.m., on certain holidays and Father's ->. Day, for two fortnights during the summer, and during periods when Plaintiff would otherwise need to utilize day-care services due to her work schedule. In addition, the existing agreed-upon order provides that neither party is to relocate the children from Cumberland County without approval by the court. Plaintiff's most recent request for relocation was the subject of a hearing held on April 23, 1997, and May 8, 1997. In support of this request, Plaintiff presented evidence tending to show that she continued to dislike living in Pennsylvania,'. that for the past two years she had been subject to three rotating shifts in her employment as a "qualities technician, ,,11 that members of her family continued to reside in North Carolina," that on August 30, 1996, she bought a lot next to a sister's home in Bailey, North Carolina," that she had contracted to buy a mobile home for the lot,'. and that she had obtained a job offer in North Carolina for a position as an "engineering coordinator."" ,. N.T. 42, 68-69 (April 23, 1997) . 11 N.T. 4, 6, 84 (April 23, 1997) . " N.T. 7 (April 23, 1997) . " N.T. 8 (April 23, 1997) '. u N.T. ll-12 (April 23, 1997) . 15 N.T. 17 (April 23, 1997) . 5 NO. 1060 CIVIL 1993 Evidence was also adduced, at the hearing, however, which substantially depreciated the case for relocation. First, Plaintiff's new job would involve a salary decrease from over $36,000 per yearll to $lB,720.17 Second, Plaintiff's new job would involve a 40-mile,1I one-hourlt commute each way, as contrasted with a present commute of five miles and 10 minutes.3. Third, the distance between the homes of the children's parents would increase from three miles31 to 367 miles.u Travel time for each custodial exchange would take between six and seven hours.33 In this regard, Plaintiff's suggestion that Defendant could continue to enjoy a weekend custodial period once34 or twice3' a month was, in the court's view, impractical. Fourth, the parties' children were thriving under the existing conditions of frequent and close contact with both parents. II N.T. 55 (May 8, 1997) . 17 N.T. l7 (April 23, 1997) . II N.T. 95 (April 23, 1997) . It N.T. 35 (May B, 1997) . 3. N.T. 37 (May B, 1997). 31 N.T. l30 (April 23, 1997) . .. N.T. 6 (April 23, 1997) . 33 N.T. 6-7 (April 23, 1997) ; N.T. 33 (May B, 1997) . 34 N.T. 37 (April 23, 1997) . 3. N.T. 109 (April 23, 1997) . 6 " NO. 1060 CIVIL 1993 Brittany, for instance, excelled at school," and participated in extracurricular activities." Fifth, Brittany had been receiving psychological counseling for the past two years." Her counsellor was of the opinion that it would be better for the children to live in close proximity to both their father and their mother." Sixth, Brittany told her counsellor that she did not want to move to North Carolina.30 She expressed this preference to the court in chambers, in the presence of counsell Q [Defendant's counsel:] Forget where your mom is or where your dad is right now. If somebody said, Do you want to move to North Carolina as opposed to Pennsylvania, what would you say? A I would rather stay in Pennsylvania. Q Why? A Because I'll be able to see my dad more often. Q And that's important to you? A Yes. Q Do you think you see your dad enough right now? 21 N.T. 29-32, 47 (April 23, 1997). N.T. 25-27, 29, 32-33 (April 23, 1997). '1 ,. N.T. 35 (April 23, 1997) . 2t N.T. 6l (April 23, 1997) . 2. N.T. 56 (April 23, 1997) . 7 ~<,' . . NO. l060 CIVIL 1993 A No. Q You'd like to see him more? A Yes. Q And do you think going to North Carolina you are going to see him more? A No. Q thing? A So is that a bad thing or a good A bad thing. Q So do you want to go to North Carolina? A No. Q You really don't want to, do you? A No.3l * * * 'Ir Q [Defendant's counsel:] If you could decide where your mom and dad were going to live, okay, and the judge said, What would you like to see, what would you like to see? A Them both living in Pennsylvania. Q And you staying right here? A Yes." Plaintiff was aware of the recommendation of Brittany's counsellor against relocation of the children." She was aware of 3l N.T. lO-ll (May 8, 1997). N.T. 13 (May 8, 1997). N.T. 61 (April 23, 1997). 8 " >2 " '. NO. 1060 CIVIL 1993 Brittany's preference that she not be moved away from her father.J4 She was aware that talk of the relocation was causing anxiety in her daughter.JS Seventh, several events since the 1993 relocation hearing tended to favor the chilJren's continued residence near their father. Defendant remarried,JI and a loving relationship developed between the children and their stepmother. J7 The children acquired a baby (half) brother on November 20, 1995,JI and a close bond formed between them and the baby.Jt ("They snuggle and sit close together and kiss him .... They sit together and watch videos. They are very close children."40) And Defendant's living quarters improved. 41 Finally, the attitude of Plaintiff toward Defendant made it unlikely that a cooperative effort would be undertaken to preserve Defendant's relationship with the children from a distance. In the past, Plaintiff disregarded Defendant's rights under the order and J4 N.T. 56 (April 23, 1997). JS rd. JI N.T. l17-18 (April 23, 1997) . ., N.T. 1l9-123 (April 23, 1997) I N.T. l2 (May 8, 1997) . ,. N.T. 117-18 (April 23, 1997) . " N.T. 120-21 (April 23, 1997) I N.T. 9 (May 8, 1997). 40 N.T. 12l (April 23, 1997). 41 N.T. 100-01 (April 23, 1997) . 9 . . NO. 1060 CIVIL 1993 was held in contempt.42 After the initial relocation decision, she was convicted of harassing Defendant's present wife." She refused to provide birth certificates to Defendant so that he could enroll the children in softball activities." She declined to permit Defendant to take care of the children when she worked night- shifts, preferring to utilize a paid babysitter." Plaintiff's attempts to discredit Defendant became a zealous pursuit I ...I kept track of Scott's attendance to Brittany's ball games, what time he arrived, how many innings he stayed, the games that he never showed up for, and I broke them down into who had custody during that time frame. Q Well, let's take these in time frames then. When you had custody of Brittany, how many times did you go to the games or practices? A I went to all of her practices, and I missed 90 minutes of one game because it was my first 3 to II workweek. But I did save up my lunches and breaks and did go to the softball field over my lunch, and I had an attendance rate of 95.59 percent. Q And how about when Scott was able to go to the games, whether it was his weekend or not? 42 See tnxt accompanying note 7 supra. u Defendant's Exhibit 1 (May 8, 1997) . " N.T. 10 (April 23, 1997) . u N.T. 5l (April 23, 1997) . 10 '. '. NO. 1060 CIVIL 1993 A Whether it was weekend or not he had ove~all 38.68 percent attendance. Q How many times did he go, when it was not his weekend, to Brittany's practices and games? A Twenty-five percent of the time. Q When it was not his weekend? A When I had custody. Q Okay. A 63.75 was when he had custody.41 At the conclusion of the hearing on Plaintiff's second request for relocation, the court took the matter under advisement..1 On May 9, 1997, the following order, now on appeal, was issued I AND NOW, this 9th day of May, 1997, upon consideration of Plaintiff's request for relocation, and following a hearing held on April 23, 1997 and May 8, 1997, the Court finds that Plaintiff has not mst her burden of showing that her proposed relocation to North Carolina is likely to significantly improve the quality of life for the children of the parties, Brittany Rebecca Over (born April 24, 1986) and Jared Scott Over (born April 25, 1992), and herself, that the proposed relocation is not motivated simply by a desire to frustrate the visitation rights of Defendant or to impede the development of a healthy relationship between the children and Defendant, and that (in the view of the lack of amity between the parties) substitute visitation arrangements to ensure a continuing, meaningful relationship between the children and Defendant are feasible. .. N.T. 27-28 (April 23, 1997). u Order of Court, May 9, 1997. 11 . . NO. 1060 CIVIL 1993 DISCUSSION Statement of law. "[T]he guiding polestar in a custody matter is what is in the best interests of the child." Frank & Gale, Pennsylvania Family Practice Manual S9.02(B), at 328 (1990). One of the factors to be considered in a child custody case such as the present one is who has been the primary caretaker. Id., S9.02(B) (2), at 334. [W]here two natural parents are both fit, and the child is of tender years, the trial court must give positJ.ve consideration to the parent who has been the primary caretaker. Not to do so ignores the benefits likely to flow to the child from maintaining day to day contact with the parent on whom the child has depended for satisfying his basic physical and psychological needs. Commonwealth ex reI. Jordan v. Jordan, 302 Pa. Super. 421, 425, 448 A.2d 1113, 1115 (1982) (citations omitted). In addition, "[i]t is a well-settled policy of this Commonwealth that, where possible, siblings should be reared together." Beers v. Beers, 342 Pa. Super. 465, 472, 493 A.2d 116, 119 (l985). with respect to child custody, "relocation" cases present special difficulties for the courts. See Gruber v. Gruber, 400 Pa. Super. 174, 583 A.2d 434 (1990). "[I]n every relocation dispute the following interests must be accommodated as nearly as possible: the custodial parent's desire to exercise autonomy over basic decieions that will directly affect his or her life and that of the 13 ,'_C'; . -..ft.' . . NO. l060 CIVIL i993 children 1 a child's strong interest in maintaining and developing A meaningful relationship with the non-custodial parent, the interest of the non-custodial parant in sharing in the love and rearinq of his or her children 1 and, finally, the state's interest in protecting the best interests of the children." Id. at 184, 583 A.2d at 439." The Pennsylvania Superior Court has stated the resultant rule in relocation cases as follows I [I]n order to justify a relocation of the children by the custodial parent, the custodial parent must d~monstrate (1) that the move is likely to significantly improve the quality of life for the parent and the childrenl (2) that the move is not motivated simply by a desire to frustrate the visitation rights of the non-custodial parent or to impede the development of a healthy relationship between the child and the non- custodial parentI and (3) the feasibility of creating substitute visitation arrangements to ensure a continuing, meaningful relationship between the children and the non-custodial parent. Kaneski v. Kaneski, 413 Pa. Super. 173, l79, 604 A.2d 1075, l078 (l992). In asseBsing a custodial parent's motivation for relocating, a court must be careful "not to equate a former spouse's desire to .. "In terms of the best interests of the child the primary physical custody family must be viewed as the family central and most important to the child's best interests...." "[W]hen relocation is likely to reault in a substantially enhanced quality of life for a custodial parent, often the child's best interests will be indirectly but genuinely served." Gruber v. Gruber, 400 Pa. Super. 174, 182-83, 583 A.2d 434, 438 (1990). 14 NO. 1060 CIVIL 1993 escape from unpleasant confrontations with the non-custodial parent or from the turmoil which may result from a failed marriage with a desire to defeat visitation rights. ,,41 In addition, the court should consider "the degree to which [it] can be confident that the custodial spouse will comply cooperatively with alternate visitation arrangements which the move may necessitate." Gruber v. Gruber, 400 Pa. Super. 174, l85, 583 A.2d 434, 439 (1990). Application of law to facts. In this case, the court was of the view that Plaintiff's second request to relocate the children - to an area of an unhappy childhood and a less remunerative job _ was not likely to enhance the quality of Plaintiff's and the children's lives, was primarily motivated by a desire to fru9trate Defendant's presently close relationship with the part.l.es' children, and was likely to have that effect due to a lack of parental cooperation. In this regard, factors considered by the court included the following: Plaintiff's past instability and bitterness toward the children's father; Plaintiff's prior noncompliance with the court's order; Plaintiff's harassment of the father's wife; Brittany's expressed preference against relocation; the recommendation of Brittany's counselor against relocation; the various disincentives to the move in such areas as Plaintiff's salary and commuting distance; the substantial physical distance 41 Gruber v. Gruber, 400 Pa. Super. 174, l85 n.9, 583 A.2d 434, 439 n.9 (1990). l5 " " NO. l060 CIVIL 1993 which would be interposed between Defendant and the children's primary residenceJ and the children's sucoess under the present arrangement. In short, the court was of the opinion that Plaintiff failed to support the proposition for relocation in each of the critical areas where she had the burden of proof I enhancement of her and the children's livesJ proper motivationJ and likelihood of mutual accommodation. Johnna J. Deily, Esq. Attorney for Plaintiff Ron Turo, Esq. Attorney for Defendant Irc 16 OOUY L./AMBS WAX I. .IoUI'II.I.. KAItIlH DIIRKIN IOHN I. CONNELLY, I., I1'IIART I.MAODULB FRANK P. CLARK .U.AN S. LBDBRBR mYEN A. STINE JOHN I. MCNALLY, W OUOOllY K. R1CHARDI ICOTI' A. DDm1lIUCK LAW OffICes Jam", Sml/h, Durkin & OJnndly P.O. BOX 650 HERSHEY, PENNSYLVANIA 17033 SUMI addrwll: 134 SIPS AVENUS HIIIoIMBLSTOWN, PENNSYLVANIA 17036 .....11 .dd..N: Inro.JIdJo..."om (717) m.311O PAX, (717) m.2795 IlEPL Y TOI II......... 0IIbt 101-112 W....II_ H.nUbu... PA 17101 (717) 2J1~n6 PAX, (717) 2J1~7llJ PILS NO. 1160146 February 4, 1998 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Kathl B. Parry vs. David G. Parry No. 96 - 3287 Civil. In Divorce Dear Mr. Elicker: This letter will confirm that I am In agreement with the March 2, 1998 extension date for the filing of Pre-Trial Statements In the above-referenced matter. G:i~UQ~2~uLU~ ,Ch_" Cl'- /J . -: t/:-U '(]::' John J. Connelly, Jr. ~ JJC/Jlk cc: L. Rex Bickley, Esquire OARY I.. IAMBS MAX I.SMITH.IR, KAREN DURKIN IOllN I. CONNBLl.Y, /R, STUART I. MAODULB FRANK p, CLARK SUSAN B, LBDERER mVBN A. STINB IOllN I, MCNALLY, III eRBOORY K. RICIIAR~ scarr A. DIB'lTERICK LA W OFFICES James, SmlJh, Durkin & Connelly P,O, BOX 650 HERSHEY, PENNSYLVANIA 17033 SlrfllIIJJN..: IJ411PB AVBNUB IlUMMBLSTOWN. PBNNSYLVANIA 170J6 ..mailadd,..,..: InruOjldlll..I..:nm (717) 'JJ.mo PAX: (717) 'J3.279,1 REPLY TOI Uarriobu.. om.., 108.112 WI/nul StIW'1 IIorriobulll,PA 17/01 (717) 2J8...776 FAX: (717) 2J8...7U FILE NO, March 2, 1998 Tracl Coyler Office of Divorce Master 9 North Hanover Street CarUsle, PA 17013 Re: Parry v. Parry Dear Traci: Pursuant to my telephone conversation with Mr. Elicker today, enclosed please find two copies of Kathi Parry's 1996 W-2 to be inserted in the Pre-Trial Statement under Exhibit "B". Thank you. Sincerely, 9{W/)c~ /.. Ieannie L. Kosier Paralegal ILK/jlk Enclosures " '." ." .. ... '. "~'" ~ '.'- .' "- -.~ - ..-.- - - . - -~._.....__.._-- .-..... - _._.... - _u.. , . ,.,..,.. H._., hi' . , anI" "'" .., 'ft nw, It lJ 13-1502798 ...., ..,. II' . . If. II.... ..... 47360.96 . 6704.90 'lI''' . "...., . .,..., 'ft ..lII, II. II'W' If 101.... . IN", . ,.,., AMERICAN AIRLINES, INC. P. O. -BOX 619616 bFW AIRPORT, TX 75261-?616 50148.89 I H..a..,. w.... .,11' U.. 3109.22 . "'1II .tr. II' wltftft. . 50148.89 II. ...ur." ,_ .,. ...... t 't 727.20 · . IlI"" .... "'WI' h' "Ii"'" 197 52 3980 , .-..",,,.. lie ~.y.'"t II 1I.",.,,"t u,. ',,.,Uta . .., IlJI''' . n..., ...1'.... In , .... at ,. In, U'II1 a."" .. n. willi., II a. 084997 AO 03304910 PAAA Ie B PARRV 560 ALLENVIEW DR MEC/lANICSBURB PA J ". InUI'. .,. I.. " Olner C 111.84 D 2787.93 X 1232.93 17055 ... u. ..."""u... M IlIb h~I.,.~.. "'h ....,.... 'hh ......Uft.... 10 ".~ JAM.. tM _'?~_J_!_~!~E~~2!1__________ --~!.!I_l!.~~.!IL __!.'!.~?.:_~~_ lJ iU LN.I.......... ....--..--..--... -------...--..-- ------------ ~ W..2 ~~R~e:::~t Ta~ 1996 co,"" . .. ITArc, CITV M LOeAl. cory' ""'..nt ., th. r...wr,. I"'.rn. ..v.nw. '.rw1.. Thh h'.n.u.... 11 tIt.1n. IIIr"hh.. " '''. "'''I'n.l JIV.nw. "I'vh., 0ff8 H., nu..... ~ . Mr. Connelly and Mr. Walters, Attorneys at Law 15 January 1998 Page 2 to Mr. Parry so he is aware of the directive. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of RUle 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL. cc: David G. Parry, Defendant MURREL R. WALTEHS, III Attol'ncy at Lnw 54 East Main Stl'cct McchnnlcsbUl'g, Pennsylvnnla 170G5-3851 Telofnx: (717)697-9395 'I'oIOI)hono: (717)697-4650 September 12, 1!l!l7 John J. Connelly, Jr., Esquire 108-112 Walnut Street P.O. Box 963 Harrisburg, PA 17108 HE: Pm'ry Deal' John: I want to infol'm you that I am no longer representing David Parry in his divorce action. I have l'eferred him to anothor attorney, I would anticipate that the other attorney would be contacting you in near futuro. ," . V"y~ yo MRW I1mh ~~I ~ :1-, '^ ~~ ~~'J j ~ .... = - ' "'= ~ ~j 'II. I~\ i ~": !l . ~!~~ ~ 101'111, t r ~~ d Ai. ! J ~ ro~~ I~ Pi'" Pi . . Cl l:ll ~ . ~ ~ ~ ~ .. .. . . " ~ " .. ,;. .l- . ; . ~ JUN'O 3 19~7 . * D:J.'-li c\ <; , fC .. r'-l Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMDERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW ;NO. 5<,,)~1 CIVIL : CUSTODY /VISr.TATION 19 CUo * CC)thi S, R:-trr" IDefendant " ORDER OF CODRl' AND NOW, this (date) Ljld'8lcn, upon consideration of the attached complaint, it is hereby directed that the arties and their respective counsel appear J:iefore ., the conciliator, at 2) W \ . on the s: day of . , 1 f". Mo, for a 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 temporazy order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatozy. Failure to appear. at the conference' may provide grounds for entry of a tempC?razy or permanent order. FOR THE COURT: By:..Jro1\.'1l\JJAJ~~ C~. Custody~doncil~ator Cll~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A!!' ONCE. IF YOU DO NO!!' HAVE A LAWYER OR CANNO!!' AFFORD ONE, GO TO OR TELEPHONE !!'HE OFFICE SE!!' FOR!!'H BELOW ro FIND OUT WHERE YOU CAN GE!!' LEGAL HELP. OFFICE OF !!'HE COUR!!' ADHINIS!!'AATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717 )240-6200 . . .1> . . ... ClonlII COli lilLY, RIta . 8MoI 'Glom Wouuf ITMIT flQ 1loII_ twu_ "-_ '7101 7I7......n. I'AIC .....'" · /"',' ,.- .' .'1"1 APR 2 5 1991tf 'l , k ,j ~ < " ~, 0.. ,:f" J " " , , , '.. " (' ",,,,,,.: . ~,:\." 1 \ '" oJ ! \ , .~ 'f' , . " ," " , .., ~5 I ~ (,,l,,l. "\, .. " ' ,t~" ' ~ if ~ .~"" .. r . ( ; t~ . , . . j J' . ..... " .......", . :'''', I ! l , : i; :! \1 . . ! ;, ~~ .( i ,,~ ~n 4J, ~f i, , ',I I , f ~ , j", " 1 . I, I.' . , I I ,t f; , I , , .1 : i I ; I ~, { I ,I , f " DAVID G. PARRY, Plalntlff/Raspondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-3287 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. KATHI B. PARRY, Defendant/Petitioner PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW COMES, the Petitioner, Kathl B. Parry, by her attorneys, Connelly, Reid & Spade, and flies this Petition to Modify Existing Custody Order and In support thereof avers as follows: 1. The Petitioner Is Kathl B. Parry currently residing at 560 Allenvlew Drive, Mechanlcsburg, Cumberland County, PA 17055. 2. The Respondent Is David G. Parry currently residing at 13 North Second Street, Bowmansdale, Cumberland County, Pennsylvania 17008. 3. On November 26, 1996, a Custody Order of Court was entered In the above-captioned action, a copy of which Is attached hereto and marked Exhibit "A" 4. At the time of the entry of the Order, your Petitioner had already been relocated to the Philadelphia area by her employer, American Airlines. She has until June 17, 1997, to take advantage of the permitted relocation expenses paid for by the company. 5. The Petitioner has approached the Respondent regarding the necessary modifications to the existing Court Order to permit her to relocate with the minor children. The Respondent has refusad to cooperate In any negotiations regerdlng a modification of the custodial schedule. 6. Your Petitioner avers and believes that the minor children prefer to remain In her custody. 7. The Petitioner's mother, who resldlls with her and Is assisting In the care of the minor children, will be relocating with the Petitioner. Because of Respondent's employment, he is Incapable of caring for the children without the assistance of the Petitioner's mother, who has resided with the parties since January of 1995. the month after the youngest child of the parties was born. WHEREFORE, your Petitioner, Kathi B. Parry, requests that the Order of Court dated November 26, 1996 be modified to permit your Petitioner to relocate to the Philadelphia erea which Is substantially closer to her place of employment. Respectfully submitted, CONNELLY, REID & SPADE Date: ~ I ~~}41 By: EXIIIBIT ^ , 1&Oltftp DAVID G. PARRY, Plaintiff : IN THE COURT OP COOMON PLEAS OF CUNBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-3287 CIVIL TERI1 KATHI B. PARRY, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF <XlURT AND NOW, this 5/." .,u~day of '~-t1.J1.:w_~J.....,,-, consideration of the attached Custody Concniation Ref^")rt, and directed as follows: , 1996, upon it is ordered 1. The Father, David G. Parry, and the Nother, Kathi B. Parry, shall have shared legal custody of Nichael D. Parry, born August 20, 1986, Kevin J. Parry and Kyle T. Parry, both born October 12, 1990, and Nicholas J. Parry, born December 6, 1994. 2. The parties shall have custody of the Children during the school year on the fOllowing schedule: A. The Father shall have custody of the Children every Tuesday from after school until 8:00 p.m. and every Thursday from after school until Friday morning when the Father shall transport the Children to the Nother I s residence prior to school. In addition, the Father shall have custody of the Children on alternating weekends, beginning November 29, 1996, from Friday after school until Sunday at 6:00 p.m. The Father shall also have custody of the Children during periods when the Mother is traveling on a bUsine~s trip for an overnight period or longer. n. The Mother shall have custody of the Children on alternating weekends, beginning November 22, 1996, from after school on Friday until the Father's next period of custody. In addition, the Nother shall have custody of the Children at all other times not otherwise specified as Father's periods of custody in this Order. 3. The parties shall share or alternate custody of the Children on hOlidays as follows: A. Thanksgiving - The Thal~sgiving holiday shall be divided into Segment A, which shall begin after school on the \~ednesday before Thanksgiving and end on the Friday folloldng Thanksgiving at 8:00 p.m" and Segment B, which shall begin on the Priday following ThanksgiVing at 8:00 p.m. and end on the following Nonday at 6:00 p.m. 'rhe Nother shall have custody of the Children during Segment A in even numbered years and . during Segment B in odd numbered years. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. Christmas - In 1995, the Mother shall have custody of the Children from after school on Friday I December 20 through Tuesday, December 24 at 12:00 noon. The Father shall have custody of the Children from December 24 at 12:00 noon until Christmas day at l2:00 noon. The Mother shall have custody of the Children from Christmas day at 12:00 noon until December 27 at 6:00 p.m. The Father shall have custody of the Children from December 27 at 6:00 p.m. until January 1 at 12:00 noon. In future years, the parties aCknowledge that it is their intention and agreement to alternate the period of custody from Christmas Eve through Christmas morning an~ to otherwise divide the school holiday equally between the parties. C. Easter - In 1997, the Mother shall have custody of the Children from the Thursday before Easter through Easter Sunday at 6:00 p.m. and the Father shall have custody of the Children frem Easter Sunday at 6:00 p.m. through the following Monday at 6:00 p.m. if the Father does not work on that Monday. The parties shall alternate these periods of custody over Easter each year with the exception that if the party who would otherwise have custody on Monday works on that day, the other party shall have custody of the Children if that party is not working. When the regular alternating weekend custody schedule is interrupted by holiday custody over Easter, the party who missed his or her weekend period of custody shall be entitled to make up that time on the irrmediate1y following weekend. D. Nemorial 4th, Labor Da - The Father shall have custody of the Ch 1dran on Memor al Day and Labor Day in odd numbered years and on July 4th in even numbered years. 'l'he Nother shall have custody of the Children on July 4th in odd numbered years and on Memorial Day and Labor Day in even numbered years. Specific times for exchanges of custody on these holidays shall be arranged by mutual agreement of the parties. E. ~Iother's Day/Father's Day - 'l'he Mother shall have custody of the Children in every year on Mother's Day and the Father shall have custody of the Children in every year on Father's Day. 4. The parties shall cooperate with each other in establishing a schedule for custody of the Children during the summer school break, which will accomplish the agreed upon goal of dividing the periods of custody equally between the parties in such a way as to coincide with the parties' work schedules. Also during the summer months, each party shall be entitled to have two weeks (to be taken either consecutively or nonconsecutive1y at each party's option) of uninterrupted vacation custody COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMDERLAND , 55: KAT'" R PARRYr Plointiff vs. NO. 98-3287 CIVil. DAVID a. PARRY, Defendant .' . MOTION FOR APPOINTMENT OF MASTER ( x) Plaintiff ( ) Defendant moves the court to appoint a master with respoet I. Discovery Is complete os to the clalms(o) for which Ihe uppointment of u muoter Is re"uested. 2. The defendant (X ) IllIJI ( ) luuu1ulappeared III the actioll ( ) perHollally ( X) by hlslber aUomey, Murrel R. Waltera, III .Esqulre. J. 11le statutory Mrounds(o) for divorce (Is) (lire) Irretrievable Breakdown 4. Check the appllcabl. paroMraph(s). ( ) The uctlou is not contested. ( ) An agreemenl has been roached with respeclto th. follnwinM claims: (It The action Is conlested with respect to the following c1nlrns: Equitable Diatributionl Divorce. 5. The action ( ) Involve. ( X) doe. notlnvolv. complex isoues of law or fact. 6. '11e heuring Is expected to tuke One (1J (hours) (duys). Kathl D. Parry, to the follnwlnM claims: ( x) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and In support of the motion states: (X) Distribution of Property ( ) Support ( ) Counoel Fees ( ) Costs and Expenses 7. Additional !nrommllon, if any. relevant to Ihe motion: Dille: 1- (p - q 7 AND NOW..IJ~/L(-t the following claims: II 19!1Z E:. ~o"td EI. .~. Esquire i. appointed masler with rcspeclto / A/I f:. /F1,mJ BY THE COURT J'\c~1 (~ .JL--- ,P.;T. < '1 co. " ." ".... . ,'.'>.'-' --.,-"'.: .... .--., R. WALTERs, III 6.f STRr.r:r A\IIC""NJ(:S8URO. PA 11'066 (7I7)I!l1o<166O l'AXI'I7)I!l1."" " '. } .. .. J ~ I' , fl., . ~ . -; 1'" ;"\ , , .. , l' " . 'oJ, ." _ ,;.",p\... ~ it. , 1 ~' ,';"", I Ij, " j II' I ~ 1 ", lj~' ~ I;. '. " ' \.. " 11. ':..; ., ' . ft" 14' , . , 1." . '- " " _I. :;.t.. Ii , , ;~ i i , I' ~ ,I, I ; ,~ ~~\ ~J' ~Jj . F.~ll , ~ f j.' "j . :. , \ . , " . I ! , , } " , i iH 11 ,. , ',. \ '/ " . DAVID G. PARRY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-3287 CIVIL TERM KATHI B. PARRY, Respondent CHILD CUSTODY ORDIR OJ' COURT AND NOW, this ~n~ day of O<:~tbt-r , 1996, upon consideration of the attached Complaint, it is hereby directed that the parties and their respsctive counsel appear before ~.....,\ S. .s~Ap." irf. , the conciliator, at ~'1' tv. ("'lc,i~ 9. {\'}-c"..."i'<.~<.,> on the ;:::to'lJ-.. day of ---f\\,''''',,,,J,,( , 19% , at q :0r.J1J, .M., for a Pre- Hearing 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 who is the flubject 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: Y.luflI /J A ..vv/aJdJ-C.5q. custody c~ci')m~r ?/ I~ I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVI A LAWYER OR CANNOT AJ'FORD ONE, GO TO OR TELEPHONE THE OFFICE SIT FORTH BELOW TO J'IND OUT WHERE YOU CAN GET LEGAL HELP. By: Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 CF l' ~L~R-;QFFlCE ',' ."' \ "HONOT,IIlY 96 nCT 23 PI'I :1: 57 ej CU1'~jjiNSiiv~~~),'m ...,l , I ,~ i J ; 1 It), cD "~i. /t)'.J3 "~t it)';)3 Y& (AI '~;1 ,,~,;,.I:/ # dlf tJ,/tz"" ~/.tei 1~q1;J1/, Z t~.~ d~JVIt<!t# 2""',Pf If(,/JiI 1: II~ (~~...dc& ", p -----------:---:0 DAVID G. PARRY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-3287 CIVIL TERM KATHI B. PARRY, Respondent CHILD CUSTODY PETITION J'OR CUSTODY AND NOW, this I 8- day of <.JC ~-" I'J .~r.? , 1996, DAVID G. PARRY, by and through his attorney, MURREL R. Wl\LTERS, III, ESQUIRE, files this Petition for custody and avers as follows: 1. Petitioner, the defendant in this pending divorce action, is David G. Parry, an adult individual who currently resides at 13 N. Second street, Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania. 2. Respondent, plaintiff in the divorce matter, is Kathi B. Parry, an adult individual who currently resides at 13 N. Second street, Bowmansdale, Upper Allen Township, Cumberland county, Pennsylvania. 3. Petitioner and respondent are the parents of four children: Michael D. Parry, born August 20, 1986, Kevin J. Parry, born October 12, 1990, Kyle T. Parry, born October 12, 1990, and Nicholas J. Parry, born December 6, 1994. 4. During their lifetimes, all of the children have resided at 13 N. Second street, Bowmansdale with petitioner and respondent and for the last 22 months with respondent's mother, Suzanne Birmingham. 5. The children are the natural children of both petitioner and respondent and have been born during their marriage. 6. Respondent filed a divorce action in June 1996 but continued to reside in the family residence through the date of filing of this petition. Respondent has periodically threatened to personally move from the family residence and has recently indicated that she would be unilaterally removing some if not all of the children when she does move. 7. Petitioner does not know of a person that is not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. Petitioner has not participated as a party or witness or in any other capacity in other litigation concerning the custody of the children in this or any other court. 9. The best interest and permanent welfare of the children will be served by confirming custody in petitioner and providing respondent with regular periods of partial physical custody. WHEREFORE, petitioner David G. Parry respectfully requests the entry of an order granting custody to him with partial physical , custody awarded to respondent. Res ec fully S1b 1 MURREL R. WALTERS, III, ESQUIRE Attorney for Petitioner 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 VERII'ICATION I verify that the statements made in the foregoing Petition for custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. S 4904, relating to unsworn falsification to authorities. _'0-' 8"-'1" Date ~{~f.s- ," t. !'j,' , I " <;;... C"'I l,' ,-j ( , /ilt I r: (. ) f ,. (,... '" ( (~ J i~i ~ I~~:I rl~.lB ~; t !::: I'.i -( ... ~! J, ,ll .s ": ... . ~~ ~ 'r! ~ iJ . I Il Ii' i~ '~l" " g) <-4.0 ~ !ij~i!1 18 n ,9 tj, I' ~~ I~ ",II< . . t9'\. ::::; ~ . l:l al ~ H i!1 12 ~ , . ,. ., '. . I ~ " JY 'f .' . DAVID G. PARRY, Plaintiff IN THE COURT OF CCXolMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-3287 CIVIL TERM KATHI B. PARRY, Defendant CIVIL ACTION - LAW IN CUSTODY mom cp axm AND OOH, this ;l.{. 'tl...day of consideration of the attached Custody and directed as follows: , 1996, upon it is ordered l. The Father, David G. 'parry, and the Mother, Kathi B. Parry, shall have shared legal custody of Michael D. Parry, born August 20, 1986, Kevin J. Parry and Kyle T. Parry, both born October l2, 1990, and Nicholas J. Parry, born December 6, 1994. 2. The parties shall have custody of the Children during the school year on the following schedule: A. The Father shall have custody of the Children every Tuesday fran after school until 8:00 p.m. and every Thursday fran after school until Friday morning when the Father shall transport the Children to the Mother I s residence prior to school. In addition, the Father shall have custody of the Children on alternating weekends, beginning November 29, 1996, fran Friday after school until Sunday at 6:00 p.m. The Father shall also have custody of the Children during periods when the Mother is traveling on a business trip for an overnight period or longer. B. The Mother shall have custody of the Children on alternating weekends, beginning November 22, 1996, from after school on Friday until the Father's next period of custody. In addition, the Mother shall have custody of the Children at all other times not otherwise specified as Father's periods of custody in this Order. 3. The parties shall share or alternate custody of the Children on holidays as follows: A. Thanksgiving - The Thanksgiving holiday shall be divided into Segment A, which shall begin after school on the Wednesday before Thanksgiving and end on the Friday following Thanks~iving at 8:00 p.m., and Segment B, which shall begin on the Friday following Thanksgiving at 8:00 p.m. and end on the following Monday at 6:00 p.m. The Mother shall have custody of the Children during Segment A in even nUlT'bered years and '. " during Se;pnent 8 in odd numbered years. The Father shall havE! custody of the Children during segment A in odd numbered years and during Segment B in even numbered years. B. Christmas - In 1996, the Mother shall have custody of the Children from after school on Friday, December 20 through Tuesday, December 24 at 12:00 noon. The Father shall have custody of the Children from December 24 at 12:oo noon until Christmas day at 12:00 noon. The Mother shall have custody of the Children from Christmas day at 12:00 noon until December 27 at 6:00 p.m. The Father shall have custody of the Children from December 27 at 6:00 p.m. until January 1 at l2:00 noon. In future years, the parties acknowledge that it is their intention and agreement to alter.1ate the period of custody from Christmas Eve through Christmas morning and to otherwiae divide the school holiday equally between the parties. C. Faster - In 1997, the Mother shall have custody of the Children from the Thursday before Easter through Easter Sunday at 6:00 p.m. and the Father shall have custody of the Children from Easter Sunday at 6:00 p.m. through the following Monday at 6:00 p.m. if the Father does not work on that Monday. The parties shall alternate these periods of custody over Easter each year with the exception that if the party who would otherwise have custody on Monday works on that day, the other party shall have custody of the Children if that party is not working. When the regular alternating weekend custody schedule is interrupted by holiday custody over Easter, the party who missed his or her weekend period of custody shall be entitled to make up that time on the ill1llediatcly following weekend. D. Memorial Day, July 4th, Labor Day - The Father shall have custody of the Children on Memorial Day and Labor Day in odd numbered yesrs and on July 4th in even numbered years. The Mother shall have custody of the Children on July 4th in odd numbered years and on Memorial Day and Labor Day in even numbered years. Specific times for exchanges of custody on these holidays shall be arranged by mutual agreement of the parties. E. ~lother's Day/Father's Day - The Mother shall have custody of the Children in every year on Mother's Day and the Father shall have custody of the Children in every year on Father's Day. 4. The parties shall cooperate with each other in establishing a schedule for custody of the Children during the sumner school break, which will accomplish the agreed upon goal of dividing the periods of custody equally between the parties in such a way as to coincide with the parties' work schedules. Also during the sUlll11er months, each party shall be entitled to have two weeks (to be taken either consecutively or nonconsecutively at each party's option) of uninterrupted vacation custody . with the Children. If either party chooses to take his or her vacation period with the Children at home, that party shall cooperate with the noncustodial party in making arrangements for a period of interim partial custody for the noncustodial party. 5. If either party intends to remove the Children from the COII1IlOnwealth of Pennsylvania during his or her periods of custody, that party shall provide the noncustodial party with a telephone nLl/ooer and address where the Children can be located in the event of an emergency. 6. This Order is entered pursuant to an agreement of the parties 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. " ~~~'Ui~R{4~~-", cc: Murrel R. Walters, III, Esquire - Counsel for Petitioner/Father John J. Connelly, Jr., Esquire - Counsel for Respondent/Mother ~~ ~ If!tn!q(" ,>A- t', - . DAVID G. PARRY, : IN THE COURT OF ro1MON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. NO. 96-3287 CIVIL TERM . . KATHI B. PARRY, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . aJSTCDY ClC6CILIATICN SUlMARY REl'CRl' IN AaX:IUlANCB WITH CDmBRLAND CXllNl'Y RllLB OF CIVIL PIlO< .....JRB 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: twlB BIRTHDl\TE aJRRENl'Ly IN aJSTCDY OF Michael D. Parry Kevin J. Parry Kyle T. Parry Nicholas J. Parry August 20, 1986 October 12, 1990 October l2, 1990 December 6, 1994 Plaintiff/Defendant Plaintiff/Defendant Plaintiff/Defendant Plaintiff/Defendant 2. A Conciliation Conference was held on November 20, 1996, with the following individuals in attendance: The Father, David G. Parry, with his counsel, Murrel R. Walters, III, Esquire, and the Mother, Kathi B. Parry, with her counsel, John J. Connelly, Jr. Esquire. 3. The parties agreed to entry of an Order in the form as attached. A:hvunJ.vA ~I 19'T~ tO~'A JJuA'lAt:liJ Date . Dawn S. Sunday, E~ CUstody Conciliator IIAY 2 2 tQ'(x DAVID G. PARRY, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 96-3287 CIVIL TERM KATHI B. PARRY, . CHILD CUSTODY . Respondent ORDEn OJ' COURT AND NOW, this ~g day of Mo.'-I ' 1997, upon consideration of the attached Petition to Modify Existing custody Order, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esquire, the conciliator, at 39 W. Main Street, Mechanicsburg, PA on the 27th day of May, 1997, at 1:00 P.M., for a Pre-Hearing 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 who is the subject 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: By: ~n'~1\~,0~'~ ~ custody Conc11 ator i~ ~ YOU SHOULD TUE THIS PAPBR TO YOUR LAWYBR AT ONCE. II' YOU DO NOT RAVE A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TELEPHONB THE OI'J'ICE SET J'ORTH BELOW TO J'IND OUT WBRE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland county Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 1.1 r:T}~.(~(:,:,_~"; 'r':;'r' ,./.; _'0" ':;'., " :!, . ~ '.. Ii' n, . '., i i~1 ':, ..~ / I.t, " i 5,,;}tf-tJ) {~rJw';... df uk~, 7M DAVID G. PARRY, Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-3287 CIVIL TERM KATHI B. PARRY, Respondent CHILD CUSTODY VERIFICATION I verify that the statements mada in this Petition to Modify Existing Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, ~4904, relating to unsworn falsification to authorities. Date: ~. 1..(' &(1 , ~ ,~9J - -- David G, Parry DAVID G. PARRY, IN THE COUR'I OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 96-3287 CIVIL TERM KATIII B. PARRY, CIVIL ACTION - LAI~ Defendant IN CUSTODY ORDER OF CXXJRT AND tm, this.;J{., j1. aay of 'n (Jue h' t e "-' consideration of the attached Custody C~nciliation and directed as.follows: , 1996, upon Report, it is ordered l. The Father, David G. Parry, and the Mother, Kathi R. Parry, shall have shared legal custody of Michael D. Parry, born August 20, 1986, Kevin J. parry and Kyle T. Parry, both born October l2, 1990, and Nicholas J. Parry, born December 6, 1994. 2. The parties shall have custody of the Children during the school year on the following schedule: A. The Father shall have custody of the children every TUesday from after school until 8:00 p.m. and every Thursday from after school until Friday morning when the Father shall transport the Children to the Mother I s residence prior to school. In sddition, the Father shall have custody of the Children on alternating weekends, beginning November 29, 1996, from Friday after school until Sunday at 6:00 p.m. The Father shall also have custody of the Children during periods when the Mother is traveling on a business trip for an overnight period or longer. B. The Mother shall have custody of the Children on alternating weekends, beginning November 22, 1996, from after school on Friday until the Father's next period of custody. In addition, the Mother shall have custody of the children at all other times not otherwise specified as Father's periods of custody in this Order. 3. The parties shall share or alternate custody of the Children on holidays as follows: A. Thanksgiving - The Thanksgiving holiday shall be divided into segment A, which shall begin after school on the Wednesday before Thanksgiving and end on the Friday following Thanksgiving at 8:00 p.m., and segment B, which shall begin on the Friday following Thanksgiving at 8:00 p.m. and end on the following Monday at 6:00 p.m. The Mother shall have custody of the Children during Segment A in even numbered years and Exhibit "A" during Segment B in odd numbered years. The Father shall have custody of the Children during segment A in odd nrnnbered years and during Segment B in even numbered years. 8. Christmas - In 1996, the ~lother shall have custody of the Children from after school on Friday, December 20 through Tuesday, December 24 at 12:00 noon. The Father shall have custody of the Children from December 24 at 12:00 noon until Christmas day at 12:00 noon. The Mother shall have custody of the Children from Christmas day at 12:00 noon until December 27 at 6:00 p.m. The Father shall have custody of the Children from December 27 at 6:00 p.m. until January 1 at 12:00 noon. In future years, the parties acknowledge that it is their intention and agreement to alternate the period of custody from Christmas Eve through Christmas morning and to otherwise divide the school holiday equally between the parties. C. Easter - In 1997, the Mother shall have custody of the Children from the Thursday before Easter through Easter Sunday at 6:00 p.m. and the Father shall have custody of the Children from Easter Sunday at 6:00 p.m. through the following Monday at 6:00 p.m. if the Father does not work on that Monday. The parties shall alternate these periods of custody over Easter each year with the exception that if the party who would otherwise have custody on Monday works on that day, the other party shall have custody of the Children if that party is not working. When the regular alternating weekend custody schedule is interrupted by holiday custody over Easter, the party who missed his or her weekend period of custody shall be entitled to make up that time on the irrmediately following weekend. D. Memorial Day, July 4th, Labor Day - The Father shall have custody of the Children on Memorial Day and Labor Day in odd numbered years and on July 4th in even numbered years. The Mother shall have custody of the Children on July 4th in odd numbered years and on Memorial Day and Labor Day in even numbered years. Specific times for exchanges of custody on these holidays shall be arranged by mutual agreement of the parties. E. Mother's Day/Father's Day - The Mother shall have custody of the Children in every year on Mother's Day and the Father shall have custody of the Children in every year on Father's Day. 4. The parties shall cooperate with each other in establishing a schedule for custody of the Children during the surrmer school break, which will accomplish the agreed upon goal of dividing the periods of custody equally between the parties in such a way as to coincide with the parties' work schedules. Also during the summer months, each party shall be entitled to have two weeks (to be taken either consecutively or nonconsecutively at each party's option) of uninterrupted vacation custody with the Children. If either party chooses to take his or her vacation period with the Children at home, that party shall cooperate with the noncustodial party in making arrangements for a period of interim partial custody for the noncustodial party. 5. If either party intends to remove the Children from the COIlI11Onwealth of pennsylvania during his or her periods of custody, that party shall provide the noncustodial party with a telephone number and address where the Children can be located in the event of an emergency. 6. This Order is entered pursuant to an agreement of the parties 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, I~/ ~' ltl~..f~:; f)tL.jf_" J. cc: Murrel R. Walters, III, Esquire - Counsel for Petitioner/Father John J. connelly, Jr., Esquire - Counsel for Respondent/Mother TRUE ear'y I:ROM RECORD In TI.,lt;/nOIli' whelcor, I hero unlo sol my hand and Iha scal or said Court al Carlisle, Pa, llils ..,c1,7..~~ day Of....~d.I)::,.., 19..1'~ On 'l.. "';;1. ....,",......:o=QJ:IA\,.~J.:(l...:".(id.'d"J.\,~,..._ J:>IfLk' Prothonotary DAVlIl O. PAIIIl'{, I'laintitt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VII. NO. 96-3287 CIVIL TERM KAmI II. PAIIIl'l, 11IIfendant CIVIL ACTION - LAW IN CUSTODY C.Ul'lU),{ CDlCILIATIOO SlIlMl\RY REPCRl' IN I\<XXJUW<<:H WITlI ClJIlBERLAND cnJNTY RULE OF CIVIL PROCEOORE 1915.3-0, the underlligned custody Conciliator submits the following report: 1. '111e pertinent information concerning the Children who are the subjecte of this litiglltion is as follows: ~ Michael D. Parry Kevin J. Parry Kr1e T. Parry N chola. J. Parry DIRTIIDATE ClJRRENl'LY IN CIJS'.lOOY OF August 20, 1986 October l2, 1990 October 12, 1990 December 6, 1994 Plaintiff/Defendant Plaintiff/Defendant Plaintiff/Defendant Plaintiff/Defendant 2. ^ Conciliation Conference was held on November 20, 1996, with the following individuals in attendance: The Father, David G. Parry, with his counsel, Murrel II. Walters, III, Esquire, and the Mother, Kathi B. Parry, with her counsel, John J. Connelly, Jr. Esquire. 3. The parties IIgreed to entry of an Order in the form as attached. AhMtJvA rJl /9'1(, rC2l<A-J.JlbvtAtLu Oate . Dawn S. sun"&y, ~le Custody Conciliator '>- C". 1-:: D. U". 4. , I":,' en Id~ u{: ~~( ....- ::1 qr.' (,. \n (:'! i'li . ". '." '" ,j u: ~. ,-.: \. ,.. r- "'> u 0'" '.J DAVID G. PARRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUM&ERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW . IN CUSTODY . J(A'l'HI B. PARRY, Defendant . No. 96-3287 CIVIL TERM . ORDER OF COURT AND NOW, this 22nd day of August, 1997, upon consideration of Defendant's Petition To Modify Existing custody Order filed April 24, 1997, and of Plaintiff's Petition To Modify Existing custody Order filed May 16, 1997, with respect to the parties' childr~n, Michael D. Parry (date of birth, August 20, 1986), Kevin J. Parry (date of birth, October 12, 1990), Kyle T. Parry (date of birth, October 12, 1990), and Nicholas J. Parry (date of birth, December 8, 1994), and following a hearing held on this date, and the Court finding that both parents are fit parents, that Defendant mother has been the children's primary caretaker in the past, and that the mother's proposed relocation to the Philadelphia area (a) is likely to significantly improve the quality of life for her and the children, (b) is not motivated by a desire to frustrate the visitation rights of the father nor to impede the development of a healthy relationship between the children and the father, and (c) will not make unfeasible substitute visitation arrangements to insure a continuing, meaningful relationship between the children and the father, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in the mother, whose relocation to the Philadelphia area is approved. 3. Temporary or partial physical custody of the children shall be in the father at the following times: during the summer, commencing one week after the end of the school year and concluding one week prior to commencement of the school year, with the exception of a two-week period in the middle of the summer to be chosen and noticed by the mother by April 1 of each year; on alternating weekends from 7:00 p.m. on Friday until 4:00 p.m. on Sunday; from December 25 at 2:00 p.m. until the day prior to the end of the school Christmas vacation at 4:00 p.m., and from the second day of any school spring vacation at 7:00 p.m. until the day prior to the end of such vacation at 4:00 p.m. During the balance of the summer of 1997, the father shall have temporary or partial physical custody of the children until the fourth day prior to the commencement of the school year at 4:00 p.m. 4. Responsibility for transportation of the children in connection with custody exchanges shall be that of the parent receiving custody. 5. Nothing herein is intended to preclude the parties from varying the arrangements provided for herein by KATHI B. PARRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-3287-CIVIL CIVIL ACTION - LAW IN DIVORCE vs. DAVID G. PARRY, Defendant DEFENDANT'S PRETRIAL STATEMENT 1. See attached Inventory 2 . None 3 . None 4. A. Copy of Deed, 13 North Second Street B. Copy of Deed, Lot adjacent to 13 North Second St. C. Pension Statement 1996 (additional information will be supplied) 5. See attached Income & Expense Statement 6. See attached Income & Expense Statement 7. See 4C above 8. N/a 9 . None 10. See attached Inventory 11. 50\ distribution of marital assets Stipulations A. Date of marriage: 8/82 B. Date of separation: 3/96 C. Value of marital home: $114,000.00 12. Stipulations (continued) c. Equity for purposes of distribution: $45,000.00 D. Transfer to wife from proceeds of 1997 refinancing $14,700.00 E. Lot adjacent to marital home Value: $28,000-29,000.00 will be sold by parties 13. Proposed stipulations A. Automobiles and personal property divided equally 14. Possible stipulations A. Value of marital investments B. Value of pensions Date J/z..J,,, , , ?./ L. Re~ckley, Esquire 121 South Street Harrisburg, PA 17101 (717) 234-0577 FAX (717) 234-7832 L,'" ...' II'pl. 0... S1'itf e.)Ly- f ~? Tlrs IS A TRANSFER FROM HUSBAND AND WIFE TO THE HUSBAND THIS INDBNTtJRB MADE this ;}L,JtL . day of Jtb. , 1997 BBTWEEN DAVID G. PARRY AND ltATHI B. PARRY, BIS NrI'B ~ DAVIt9 PARRY (hereinafter called the Grantors), (hereinafter called the Grantee ), WITNESSBTH That the said Grantors for and in consideration of the sum of ONE ($1.00) DOLLAR ------------------------------------------------------- lawful money of the United States of America, unto them well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantee, his heirs and assigns. ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Martin Road on the hereinafter mentioned plan of Lots, at the Southwestern corner of Lot No. 8 on said Plan, thence by the Northern line of Martin Road, South 69 degrees 45 minutes West 100 feet to a point; thence by the dividing lines between line between Lots No. 9 and 10 on said plan in a Northerly direction, 160 feet to a point, thence by the dividing between No. 9 and 10 on said plan, North 69 degrees 45 minutes East 100 feet to a point; thence by the dividing line between Lots No, 8 and 9 on said plan in a Southerly direction, 160 feet to a point, the place of BEGINNING. BEING Lot No. 9 on the plan of Lots known as Orchard Terrace, which Plan is of record in the Cumberland County Recorder's Office in Plan Book 8, at page 25, BEING the same premises which Anderson-Stern, Inc. formel'ly Vernon E. Anderson Inc. by Deed dated 1/10/85 and recorded 1/14/85 in the County of Cumberland in Deed Book B-31 page 666 conveyed unto David G. Parry and Kathi 8, Parry, his wife, in fee. o 7-J--33~3 RE~ORD AND RETURN TO: FIRST CITY ABSTRACT AGENCY.INe. 1429 WALNUT ST. 511I FLOOR PHILADELPHlA.PA 19102 hOUK 154 r~cr 432 TOGETHER with all and singular the buildings improvements, ways,.stre~ts, all~ys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever, unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantors, as well at law as in equity, of, in, and to the same, TO HAVE AND TO HOLD the said lot or piece of ground above described with the buildings and improvements thereon erected hereditaments and premises hereby granted, or mentioned, and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns forever. AND the said Grantors, for themselves, their heirs by these presents, covenant, DO grant and agree, to and with the said Grantee, his heirs and Assigns that they the said Grantors all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be with the Appurtenances unto the said Grantee, his heirs and ASEligns, against them the said Grantors and against all and every Person or Persons whomsoever lawfully claiming or to claim the same or any part thereof, by from, or under him, her or any of ,them shall and will WARRANT and forever DEFEND. IN WITNESS WHEREOF, the said Grantors have caused these presents to be duly executed dated the day and year first above written. SEALED and DELIVERED In The Presence of USI 'f_/./g. ~ :;/6,R~ KATHI B. PARRY~ (SEAL) (SEAL) .-: c_ tD C"'J .-l .-l E: a: IfJ I C1: CI:--. ..I uJ )- ..1 1.1 ;:: '.oj ,:.::.> ;_l.~ l.... <? r ~ IJ I...> . Cl .. .'-- .. . . ~. ..::{ .: ': _1 ,. ~;. 0': ';'.,1,1 :r .... .,.. = E: r- en . BOOK 154 PACE 433 '101 DIID-IND, DOR IT-l COPVIIIOHT 1 lBa' BY AU.IT ATI LEDAL IUI'I'L Y CO, ONE COMMERCE DIIIVE, CRANFORD N,J, 07011 Witts IIttb Made the /7 t!= day of ninety two (1992) December , in the y~ar Ninetem hundred and iSdween JOHN W. BURNS and ARLEWE F. BURNS, his wife, of Uppe~ Allen Township, Cumberland C~unty, Pennsylvania, GRANTORS u : 3 a 9 - AND - ..., .".J 1;1" ;0' '\J." I;ll )~~~.l:, ;v~ .~. t .~ . ~., :Vi ~ \\ ~L .'" -I .., 0" ~, ~ai)~! : I.'~ffi, r~ ~ I ~ ;;. ~ ~ r..-._ 11I1I1:!1I1111 DAVID G. PARRY and KATHI B. PARRY, his wife, of Upper Allen Township, Cumberland County, Pennsylvania, GRANTEES DIIttnessetJy. That in c01l8id8ration of Twenty Thousand ($20,000) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grant01S do hereby grant and convey to the said grantee s, their heirs and assigns, ALL that certain lot of land situate in Upper Allen Township, Cumber- land County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on a point on the northern side of Martin Road (33 feet wide) at the corner of. Lot No. 7 on the hereinafter mentioned plan of lots, said point beirq South 69 degrees 45 minutes West, a distance of l32 feet from line oe lands now or formerly of Daniel Myers; thence continuing along the northern line of Martin Road, South 69 degrees 45 minutes West, a distBnce of lOO feet to a point at the corner of Lot No. 9 on the hereinnfter mentioned plan; thence along Lot No. 9 in a northwesterly dire~tion, a distance of 160 feet to a point at the corner of Lots Nos. 19 and 20 on the hereinafter mentioned plan; . thence along Lot No. 20, North 69 Degrees 45 minutes East, a distance of 100 feet to a point at the corner of Lots Nos. 6 and 7 on the hereinafter mentioned plan of lots; thence along Lot No. 7 in a southeasterly direction a distance of 160 feet to a point on the northern side 'If Martin Road, the Place of BEGINNING. BEING Lot Ne>. 8 on a certain plan of lots entitled "Orchard Crest" recorded ir Plan Bock 8, PagH 25, Cumberland County records. BEING PAP.'! OF THE PREMISES which Robert D. Nailor, et ux, by deed dated Ortober 27, 1978 and recorded in Deed Book "C," Vol. 28, page B8 l, Cl'lnbcrland County records, granted and conveyed unto John W. Burns dnd Arlene F. Burns, his wife, the Grantors herein. The above described premises are conveyed under 3nd subject, neverthe- lers, to the building use reatrictlonB recorded with the aforesaid pJ'Jn of lots. \..IJ~'/J{' r rJ /,t" Tnwnshlp af d/ Cumu, 0,. Pa, )? Raal elta.a "'alllfer 1D /L!t. ... J)...,l.11~-I.O (), O.ta _ ..... Roben p, Zlaglar . ,. h rn nle' rn' Ant. ffQQf. ~ 38 PAtF11M ;rJ PC{~ /II LS/''',. School Dill Cumbo Co.. .... t" Real eatala "'anatw1D OatP J.I-'LAmC.O ()' Robsn P. Zlagler Cumbo Co. Dill, Col, Aut. &tate of QrountU of f .liB. em 1IIi1, III, day oj 19 ,~OI'fllll '''' undlrtigllld officno. pITIonally app,a,.,d ,. known 10 "" (or 'al~""'oriIJl proven) /0 hi Ih, p".,on u,holO nam, IIlb.cri6ld 10 Ih, wilhin 'nllru,"""I, and ""knowl4d9.d Ihal '" ""CIlI,d '''' .am,Jor Ih. purpolOlh"."n con/ailU!d, IN WITNESS WHEREOF, I ha., h,""nlo 10/ my hand and Ital. , . Cl) Cl) ~ ll-I ll-I 'I'i 'I'i 'tl) 'tl) 1J ~1Jl ~1Il 1II:a :a ~ . ~~ t:J1II 0 c..t ~~ Eo! fa ~Ill UPI ~. Q . gj ~Ill ~.. , rHl .~ ~ ~ C!rummunwtalt!J uf tlftnnsllluanfa C!ruuntlluf 0 \\ m\.o,.. \t>rd iss. lecorbeb 'in /1uJ Office/or Recording 0/ Deeds in and/or 0\.l ~b.er l~~ in Deed Book '310. A No. C.O \ln~ page II ILl E/c. JII'tness my hand and ~eal O/Office/his J\ day 0/ "> Rc... ~/J~<\~ COMMONWEALTH OF I'ENNSYLVANIA l'UBLlC SCIIOOL EMPLOYES' RETIREMENT SYSTEM Telephone (717) 787-8540 Mailing Address PO Box 125 Harrisburg VA 17108-0125 nulldlng Locallon 5 North 5lh Slreet Harrisburg PA 17101.1905 NOVEMBER 2t, 1996 -~ . . - -' . ' , ~.~ '. '. .. ',- " ' " . ..' .' . '-' -' ',,, ., "-"', .... - -. ,.-.:. .. ....' .,~l.#......,...,.,..b___ ._,....,...'/;;,x... "" DAVID G PARRY PO BOX 69 BOWMANSDALE PA 17008-0069 SS N: 204.50.9194 Data 0' BIrth: MAR 08,1957 Sa. : MALE Contrtbutton Rate: D"525 Vat Ing Statua: PROFESSIONAL PrIncIpal Bane~t~taf~(lea) : PARRY,KAnI B ~ ,<-"./'1"f", ~-<.. Ai, y."., "'4' '''''i.f.''~''f1'\;;; 'y ~'I.:; ,- ,<< ... ~j%<;~}"1.~~~f~~'V:f*-'l;"f/ . ", ;""'rl! R 'J~~'L1.;&t,t::tl',t::')1 '.1-m~"~:t'!; ~$~~: <1 .. xt~"*"~ ~." ;, ,> i<~' ll:ot y: :t.~1,"'~~r~2 {'U "f "i ii-J.,t'~lt~,~#.~itij...",.\\;f.w~'S'~f;j",~~""M{.,jl,~."'~>>J4;.Q~'l>**~,>\a~~~t:1/i:daW-.;~:n;~,.~~~"',t.,r....*"'o:t;J.~uJJ"';"o<l.....,;;...h,IL.~~>J:>'~JO.{.-:w.:,\t A SERVICE CONTRIBUTIONS INTEREST TOTAL Balance.. 0' .lune 30, t995 15.24 20,295.52 5,687.54 25,983.06 1885-96 CREDITS Normal Purcha.. 0' AdJuatmente Servtce Balence ea 0' .lune 30, t9861 22,600.54 I 6,772.961 Monthly Bena'lt under Ma.tmum Option Monthly Bane,tt under Option t Death Bena'lt undar Option t (pre.ent Value) I' you elect Parttal Lump Sum and withdrew an amount not to .xc..d your contributions and tnter.at: Monthly Bane,tt under Ma.tmum Opt ton Monthly Bana,tt undar Optton t Death Bane,tt under Optton 1 (preaent Valua) 403.58 375.68 93,553.77 NORKAL RETIREMENT ESTIMATE NOT PROVIDED BECAUSE THERE ARE MORE THAN FIVE YEARS REMAINING UNTIL YOUR NORKAL RETIREMENT DATE 277.67 258. 34 64,180.27 You meelthe 5 ye.. eligibility requirement to apply lor a dlsablllly benallt, You musl submll an appllcallon wllhln 2 yea.. Cram the dole on which contributions were lasl deducled, Contact your PSERS rer,resentsllve Cor addltlona11nlormotlon, Mol June 30.1996 lhe total amount payable to your deslgnaled benenclary(lcs) n the evenl 01 your dealh IsS 93,553.77, Your PSERS reglona' repr...ntattva 'e : SOUTHCENTRAL Your employer t. I 3 CROSSGATE DRIVE NORTHERN YORK CO SC SUITE 101 (8040) MECHANICSBURG PA 17055-2458 PHONE 717-795-8243 1'1 P~('r. lJP^n lJP"PlJ"P "lnP "nil IMl'n".r'MT ,,,pnIHl~Tln" IMPORTANT INFORMATION ABOUT YOUR STATEMENT STATEMENT or ACCOUNT AS OF: Conlrlbulionl m.d., In I., III ....n.d, ..tvic. ,.nd.,.d 0' pu,ch...d .ft., Ihll d.11 will nol b. includ.d on thi. 11,'.m.nl SOCIAL SECURITY NUMBER: II you, numb.' II inco".cl, notlly you, .mploy., and ..nd . copy 01 you, loci., I.cu,ily c...d 10 Ih. PSERS ollic. In H...,ilbu,g. Alw.YI Inolud. your 1001.1 ..ou,lty numb.' whln eO"lIpondlng with PSERS, CONTRIBUTION RATE: Thi. II you, contribution nl. II 01 Ih. 11I1.m.nl d.I., Th. p,.II. 1.1l... ....: S - o - J - 8lngl. Cov.r.g. DUll Cov.ng. Joint Cov.r.g. - Fuil PSERS r.tI,.m.nl; no Soclll S.cu,iIY. - Fuil PSERS r.llr.m.nl; luil Socl., S.cu,lly. - R.duc.d PSERS r.llI.m.nl; luil Socl., S.curlty. VOTING STATUS: Prol...lonal .mploYII .. Iho.. who.. po.,tlon. r.qulr. olllcl.1 c."III..tlon Irom th. P.nnlylvanl. D.p.,m.nl 01 Educ.tlon. All oth... .... cl...III.d .. non-prolll.ionll, PRINCIPAL BENEFICIARYIIESI: II your b.n.llcl...ylllll dOli not .pp.ar on thil 11.I.m.nl and you wanl th.m IIlt.d on Iulure IIll1m.nt., complll. . n.w 'Nomlnltion 01 B.nullci..llI" lorm (PSRS- 1 B ,) and ..nd It to PSERS. YEARS OF SERVICE: Th. R'IIr.m.nt ';od. a,',nll . lull y.ar at ..rv,c. .. 160 d'YI 0' 1100 II0U", Thll o..l...,.nt 0011 not Includ. any 01 your credilld SERS ..rvlc., CONTRIBUTIONS: TolIl III...y repo,lId by your .mploy.r multipll.d by your contribution ..II, POII-B6 II any pu,ch... 01 I.,vlc. p.ym.nll mad. .11.. D.c.mb.. 31, 19aa, .nd mu.t b. ncov...d u.ing th. ..clullon ntlo lor Ih. III. 01 the annuily, p..-a, I. the p..-a3 contrlbutionl plul any pre-a' purch... 01 ..,vie. p.ym.nts. II you h.v. .ny qu.llion.. c"nl.ct . I'. ICcounlant or th. IRS, INTEREST: BV IIW, Inl....t on vour contributions II c..dllld 10 vour Iccounl .t 4 p.,c.nt p.. V..r compound.d annu.lly, Wh.n th. Int.rllt II plld to vou, II 10 .ubj.cl tn I.d.nl Incom. to., PURCHASE OF SERVICE: Includ.. .11 ..,vlc. an~/or p'Vm.nlS poll.d to your .ccounl du,'ng thl. 11.,.m.nl Y." (JuIV 1 to Jun. 30) . ADJUSTMENTS: R.II.cI0 n.1 co".ctiono m.d. \0 your .ccount by PSERS du,'ng thll lI.t.m.nt y.ar (July 1 10 Jun. 30), VESTING: II VOU I..mln," .mplovm.nl .fter t.n (10) 0' mar. y..rs 01 ..rvlc. and compl.t. 0 v..ling .pplic.tlon, you .... con.,d.r.d . Vllt.., A. . v..t.., you m.y 1.,vlI Vour contrlbulionl and Int.r"l In PSERS and applV la, . monthlv b.n.1II .1 any lim.. Your .ccount .ccruII 4 p.,..nt Int....1 Irom dll. 01 t.,mln.lion 10 d.t. 01 reli..m.nt or dllth. Vou will b. .ligibl. lor lull ..lir.m.nt .t no,m.1 r.tir.m.nl .g., II . ..tir.m.nl II nol ..I.ct.d within 90 dlYI 01 vour norm.1 ..lirem.nt Ig.. you, dllth b.n.llt. would b. ..duc.d to .qu.' vou, contrlbulionl and Int.,..l ELIGIBILITY REQUIREMENTS: NORMAL RETIREMENT BENEFITS: (1) Age 62 wnn It 1...\ ane 'ii ",., ui I,iIf.iL... (2) Ag. 60 wllh .1 I...t thi,ly (30) y.'" 01 ..,vlc.. (31 After thlrly-lIv, (36) v.ar. 01 ..,vlc. ..gardl... 01 .g., EARLY RETIREMENT BENEFITS: III Ag. 66 or old.. with 26 0' more V.... 01 ..rvlc., (R.duction 01 3 p..c.nl p.' y... or 1/4 p..c.nl p.. month, bul will not ..c..d . 16 p.rc'lnt ..duclion.) (2) AlII' IIn 1101 V..rs 01 ..,vic. ..gardl... 01 .g., (Acluarl., ..duction I. b...d on .g.,1 DISABILITY: II you hiv. IIv. (6) v.arl 01 ..,vi.:. and b.com. dlllbl.d phvllc.lly, m.nt.lly or Iccld.ntiy, VOU m.y b. .lIglbl. la, . di.ibllllty b.n.'il For .ddltlon.1 Inlorm.licn. conl.cl you, PSERS 1I.ld ..p.....nt.liv., PROJECTED ESTIMATE OF YOUR BENEFITS: Th. p,oJ.cl.d ..tim.t. W'" cllcul.lld ...umlng th.t vou would continuo 10 work unlil normal ,,"..m.nt .g., Proj.cl.d ..rVIC., cu".nt III...y, contrlbutionl, and Int....1 w... u..d In the c.lcul.lion. JOINT COVERAGE MEMBER: If you chao'l to Join th. CUll Covlrlge group: (11 Th. M.ximum Opllon monthlv b.n.,it will not b. reduc.d .1 .g. 66, (2) Option On. b.n.lllS will Incr.... ",b.tanti.lly. Contlet your fI.ld r.prlll"t.tivI for mar., inform.tlon. YOU MA V NOT: III WlthOrIW lilY mon.v I,om you, regul., Iccount unlll vou t.,mln.t. .mploym.nl 0' h.vr, b..n lu,'oughed, (2) Borrow trom your Iccount. t3) Us. your account.. colllt.rll 'or 1 lOIn. KATRI B. PARRY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-J287-CIVIL CIVIL ACTION - LAW IN DIVORCE DAVID G. PARRY, Defendant INCOME & EXPENSE STATEMENT OF DAVID G. PARRY Defendant verifies that the staements made in this Income & Expense Statement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating .to unsworn falisficatioin to authorities. c()-tJlJ.~_ DAVID G. PARRY EXPENSES PART I: WORK RELATED EXPENSES (list unreimbursed amounts only) :aRi MONTHLY $ $ PART II: HOUSEHOLD EXPENSES (Number of people living in household: 1 ) MONTHLY Lot Rent - Mobile home Mortgage/rent Maintenance Utilities 800.91 25.00 230.00 120.86 35.29 24.41 Real estate taxes Personal Property Homeowners or renters insurance TOTAL HOUSEHOLD EXPENSES: $ 1236.47/Mo PART III: OTHER EXPENSES YEARLY Taxes Income ,not withheld) FICA Local State 5516.85 461.21 1291.55 EXPENSES: '. MONTHLY Automobile: Payments Insurance Fuel Other (upkeep, service) Insurance Homeowners Life Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (9la8999, braces, orthopedic devices) Bducation Private school Parochial school College Religious Personal Clothing Food Barber/hairdresser Credit payments Credit card Charge account Memberships Household help Child care Papers/books/magazines 208.12 51.33 75.00 33.33 24.41 44.16 50.00 140.00 50.00 150.00 3.20.00 25.00 5.00 Vacation (with children) Gifts (inCludes Christmas) Charitable contributions Legal fees Child support (See above) Alimony payments Other Sports camps for kids Personal taxes 70.00 25.00 25.00 50.00 940.00 17.00 38.41 Total Expenses: *includes child support $ 2141.76* .... -..--. .' .. KATHI B. PARRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNSYLVANIA NO. 96-3287-CIVIL CIVIL ACTION - LAW IN DIVORCB vs. DAVID G. PARRY, Defendant INVBNTORY OF: DAVID G. PARRY Defendant files the fOllowing inventory of all property owned or possessed by either party of the time this action was commenced and all property transferred within the preceding three years. I Defendant verifies that the staements made in this inventory are true and correct. Defendant understands that false statements herein are made Subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falisficatioin to authorities. c c2~.(2 DAVID G. PARRY ~, > ( x) 1. ( X) 2. ( x) 3. ( ) 4. ( x) 5. ( X) 6. ( ) 7. ( ) 8. ( x) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17. ( x) 18. ( ) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. ( x) 24. ( x) 25. ) 26. ASSETS OF PARTIES Real property Motor vehicles Stocks, bonds, securities Certificates of deposit Checking accounts, cash Savings accounts, money market & savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company Employment termination benefits--severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. Item Number DescriQtion pf property Value Names of all all Owners A. REAL ESTATE 1. Lot adjacent to 13 N. 2nd St. H & W Bowmansdale, PA Date of acquisition: 1992 $20,000.00-25,000.00 (approx. ) B. PERSONAL PROPERTY (RETAINED BY HUSBAND) 1. couch 2 . water bed 3 . water bed 4. chest of drawers 5. bureau 6 . component 7. stereo system 8. TV 9. TV 10. VCR 11. wedding ring 12. 3 Lynn Marsh prints Unknown 1. 2. 3. 4. (RETAINED BY WIFE) dining room glass table w/brass fixtures & chairs 32" Sony TV VCR Jewelry (wedding ring, engagemt. ring; diamond earrings kids' bunk beds sectional couch w/built-in table Miscellaneous personal property Unknown 5. 6. 7. C. VEHICLES (RETAINED BY HUSBAND) 1995 Chevy Lumina 8,000.00 (RETAINED BY WIFE) 1990 Lllmina Van 1992 Chrysler LeBaron 2,000.00 5,000.00 D. BANK ACCOUNTS (RETAINED BY HUSBAND) Checking Accounts Members First Savings Accounts Members First $ 222.67 $ 75,00 (RETAINED BY WIFE) Unknown E. INSURANCE (H) 1. First Colony Life Ins. (Insured & Owner: David Parry) Value: Boston Mutual Ins. (Insured & Owner: David Parry) Value: none 2. none INSURANCE (W) Unknown PROPERTY TRANSFERRED Item Number Description of Prqperty 1. 13 N. 2nd St. Bowmansdale, PA Bi-level home Acquisition by husband and wife in 1985 Purchase price: $77,000.00 Transferred from husband and wife to husband 2/26/97 at which time husband refinanced the original mortgage with Loan America Corp. Fair Market Value: $110,000.00 2. $14,713.91 transferred from husband and wife to wife 2/26/97 v--~~ LAW OfFlCES L, REX BICKLEY I 2 I SOl!lH SlREf:T HARRISBURG, PENNSYLVANIA 17 101 (71712.34'0t577 rA)(; C71 71 Z:5"'7832 August 5, 1998 E. Robert Ellicker, II Divorce Master Office of Divorce Master Cumberland County Court House 9 North Hanover St. Carlisle, PA l7013 Re: Parry v. Parry No. 96-3287 Civil Dear Mr. Ellicker: Please find enclosed the Divorce Agreement executed by the two parties and their respective counsel. If you have any questions or concerns, please feel free to contact me. Sincerely, L. Rex LRB/sz cc: David Parry John J. Connelly, Jr., Esq. ~";_;';.;"'..,,,o,",,,,._.,,..~,..~.^... . DAVID G. PARRY PLAINTIFF V, KAnJI 8, PARRY DEFENDANT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY. PENNSYLVANIA 96-3287 CIVIL M:TlON LAW IN cllSTODY OlmEn OF cOIlItT AND NOW. Thursday, May 14, 1001 . uplln considcration of the altachcd Complaint. it is hereby directed that parties and their respective CllUllScI appcar belilre Dawn S, Sunday. Esq. . the conciliator. at 39 West Main Street, Meehanlnburg, PA 170SS on Tuesday, June 19,1001 at 1:00 p.m. for a Pre-Hearing Custody Conference, At such confercnce. an emlrt will bc ma~e to resolve tbe issues in dispute; or if this cannot be accomplished. to define and narrow lhe issues tll be hcard by lhc court. and tll enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanentllrdcr, The court hereby directs the parties to furnish any and all exlstlnlll'rnteetlon from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs Ilrlor to scheduled hearing. FOR THE COURT, By:~ Dawn S. SlInd4JI. Esq,tI Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business beforc the eourl, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, Y Oll must altend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATroRNEY AT ONCE, IF YOU DO NOT HAVE AN A TfORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP. Cumberland Cllunty Bar Association 2 Libcrty A vcnue Carlisle, Pcnnsylvania 17013 Tclcphllne (717) 249,3166 DAVID G. PARRV. PLAINTIFF. v. : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSVLV ANIA CIVIL ACTION NO. 96-3287 KATHI B. PARRV. DEFENDANT. IN CUSTODY ORDER Qf COURT AND NOW. this day of . 2001, upon consideration of the attached Petition to Modify, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at . on the _ day of , 200 I, at _ ' M for a Pre. Hearing 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, All children age five or older may also be present at the conference, Failure to appear at this conference may provide grounds for entry of a temporal)' or pennanent order, By the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990.9108 (717) 249.3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made atleasl 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, DA VlD G. PARRY, PLAINTIFF, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 96-3287 v. KATHI B. PARRY, DEFENDANT. IN CUSTODY PETITION TO MODIFY CUSTOD~ AND NOW, comes the Plaintiff, David G. Parry, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, and files this Petition to Modify Custody, making the following statement: I. The Plaintiff is David G, Parry, an adult individual currently residing at 13 North 2nd Street, Bowmansdale, Pennsylvania 17008. 2. The Defendant is Kathi B. Parry, an adult individual currently residing at 20 Peach Ridge Drive, Mullica Hill, NJ 08062. 3. The parties are the natural parents of four (4) minor children, namely Michael D. Parry, born August 20,1986, Kevin J. Parry, born October 12, 1990, Kyle T. Parry, bom October 12, 1990 and Nicholas J. Parry, born December 8,1994, 4. The children are presently in the primary custody of Defendant. A copy of the current Court Order dated August 22, 1997, is attached herein as Exhibit "A." 5. PlalntllT desires primary physical custody of Michael D. Parry and joint legal custody with periods of partial physical custody to Defendant as can be mutually arranged between tho pmies, 6. Plaintitrs eldest son, Michael D. Parry, who wlll be fifteen (15) years of age In August, h811 expressed an Interest and desire in residing with Plaintiff. WHEREFORE, Plaintiff respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to Defendant 8ll can be mutually arranged between the parties. Respectfully submitted, By: Mark D. Schwartz, EsquIre 60 West Pomfret Street Carlisle, PA 17013 717 ,249.2353 Supreme Court I,D. # 70216 Attorney for the Plaintiff David G. Parry Dated: May 16,2001 VERIFICATION The foregoing document is based upon infonnation which has been gathered by my counsel and myself in the preparation of this action, I have reed the statements made in this document and they are true and correetto the best of my knowledge, infonnation and belief, I understand that false statements herein made are subject to the penalties of 18 Pa.C,S.A, Section 4904, relating to unsworn falsification to authorities. ,...- U-t t21 f-~ DAVID G.~y Date: May 16 ,2001 " . . IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY No. 96-3287 CIVIL TERM DAVID G. PARRY, Plaintiff v. KATHI B. PARRY, Defendant ORDER OF COURT AND NOW, this 22nd day of August, 1997, upon consideration of Defendant's Petition To Modify Existing Custody Order filed April 24, 1997, and of Plaintiff's Petition To Modify Existing custody Order filed May 16, 1997, with respect to the parties' children, Michael D. Parry (date of birth, August 20, 1986), Kevin J. Parry (date of birth, october 12, 1990), Kyle T. Parry (date of ~irth, October 12, 1990), and Nicholas J. Parry (date of birth, December 8, 1994), and following a hearing held on this date, and the Court finding that both parents are fit parents, that Defendant mother has been the children's primary caretaKer in the past, and that the mother's proposed relocation to the Philadelphia area (a) is liKely to significantly improve the quality of life for her and the children, (b) is not motivated by a desire to frustrate the visitation rights of the father nor to impede the development of a healthy relationship between the children anct the father, and (c) will not maKe unfeasible substitute visitation arrangements to insure a continuing, meaningful relationship between the children and the father, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in the mother, whose relocation to the Philadelphia area is approved. 3. Temporary or partial physical custody of the children shall be in the father at the following times: during the summer, commencing one week after the end of the school year and concluding one week prior to commencement of the school year, with the exception of a two-week period in the middle of the summer to be chosen and noticed by the mother by April 1 of each year; on alternating weekends from 7:00 p.m. on Friday until 4:00 p.m. on sunday; from December 25 at 2:00 p.m. until the day prior to the end of the school Christmas vacation at 4:00 p.m., and from the second day of any school spring vacation at 7:00 p.m. until the day prior to the end of such vacation at 4:00 p.m. During the balance of the summer of 1997, the father shall have temporary or pactial physical custody of the children until the fourth day prior to the commencement of the school year at 4:00 p.m. 4. Responsibility for transportation of the children in connection with custody exchanges shall be that of the parent receiving custody. 5. Nothing herein is intended to preclude the parties from varying the arrangements provided for herein by CERTIFICATE OF SERVICE I, Mark D. Schwartz, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the maMer indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office In Carlisle, Pennsylvania, postage prepaid, certilied, restricted delivery, and addressed as follows: John J, Connelly, Jr., Esquire 134 Sipe Avenue Hummelstown, PA 17036 Kathi B. Parry 20 Peach Ridge Drive Mullica Hill, NJ 08062 By: & HUGHES Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I,D, # 70216 Attorney for the Plaintiff, David G, Pany Date: May 16,2001 ,. .~~ , ;'';' ,", l.' \.J .:J t..J -t '- j ~ U In ~ .-- r-' {~ ;:> \..9.- " "lS . , ,- "" '" , {'~J -~ .~s .('l L'.'- Cl... ..... ~ '. , 0 - I;., .:: , ' -oj 0 'n " ~ '~ . ~ " ~ '-.) " ~ , - 1,'1.1 '" q , ~ (... ..-~: " . ~) , .. ~- ~~\ 0 JUN 1 Ij 200'1/7 DAVID G. PARRY, . IN THE OOURT OF CXJMloIOO PLEAS OF . plaintiff . CUM8ERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 96-3287 CIVIL TERM . . . . CIVIL ACTION - LAW . KATHI B. PARRY, . . Defendant . IN CUSTODY . CIIDIlR 01." CXXlRT AND tDf, this 13th day of June, 2001, the Conciliator, having been advised by Plaintiff's counsel that Plaintiff desires to withdraw his petitioo to Modify CuBtody at this time as the parties are resolving all outstanding custody issues by agreement, hereby relinquishes jurisdiction in this case. The CUstody conciliation Conference scheduled for June 19, 200l is canceled. FOR THE OOURT, Dacf!~ CUstody Conciliator r~-: C\ I ,'- i" Ir, L,; " 'J , , ,J .. i " , . I ,:::..i " ,::. II) , (\.' L'e; , , , 'Jii] : J ) 'I.. I,. . l, ) :_> C) u