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Home My WebLink About96-04516 1 Roo 21 . b'l6 CIMII 0J.-&.0 He 4 =; DRANK C, INTRIERI, t IN '11113 COURT OF COMMON PLL:AB Plaintiff t CUMBERLAND COUNTY, PL:NNBYI.,VANIA t V, t CIVIL AC'PION - LAw / RANDY POMIEROY, i NO rn ? ") /(? ! ? t d ?. Defendant t / PRAECIPE FOR ENTRY OF JUDOMCN'I' Please enter judgment in flavor of the Plaintiff and against the Defendant in the above-captioned matter in the amount of ($1,732,60 in accordance with the attached transcript from District Justice Farner's office, plus costs and interest from June 2a, 1996 to and including August 7, 1996 in the amount of $11,99, plus $0,29 per day thereafter. Date Respectfully submitted, MARTSOE A BRl rTONJ ,/ wuyua?a D Attorn y I D, No, 23949 2616 North Fro t Street P, 0, Box 121 6 Harrisburg, PA 17108-2106 (717) 2364241 Attorneys for Plaintiff CGMMUNWI.AI I I I t)I I'1 NNOVI VANIA CuUNIY (il' COM11HAI,ANI) 1 O') .l 04 GI,FNN It, I'Al(Nka( !itIU2 'I;NI(h:lt N'1'l(h.we MECNnNK61101AG, I'A ?,?„?„ I'?1'll'16I-Il'J.dU 17000?-t)UUU PRANK C. IN'!,'IUM(l. 513 B10 13111111NG8 ItU. NEW CUMBFI(I,ANN, PA 17070 A THIS 15 TO NOTIFY YOU THATI Jtldtlllletll: 1--%L, .... I'liA?1K G ' 1i1 MU, _ 111(lipluml wnsnnlm11d lot. (Nano)) IN'1 x 1 1 Ju0Onlunl Wusenluloil fit lIlilt lsl (Nanul) hOMEROY, HANDY rll) lJ 1 p tpno nluu n( uhlhuununntnl$ 11737.on ( Juts{{mural wnnunlcnod 111111110,1 . -. _ . .. In It Lt11ANUltI/TUIIIIIII ar,IlUll 11111111 1111101101 it $ ill .. (Ullill III Jt((ltp l lilt 11) Tim amount Omit put nunlll), ns oslabllshnd by I1111 plsldcl Jusrlco, N $ -., (_ .I Da11mUus WIII III nl;sussod nn. (Dalo 8 1`11110) Runt In nmo111s $ . _ . _... __._...._..---- DamillluuUnlut;lpul11nhun $ ------- DIImmiluH to 11101ANY/ Tills t:nslltilsmisaodwtluullnujild1c:u. Rnttldtnlball_n0su Liss A ml Dim Dalonlilt it $ __. _ . - °---.•------. hissussloi Iluutad. Amount of Judipn ont • $.. Jutltlmmt costs $.. -.---71, husruuslnn tllnulnd t Inunuy 111(111111010 le not Inlumbi on Jud(1nw11 $...___..__.._.._,.9.4 nullshud by I nuI of uvH:Ua11. AHoumy Fois $.--. ------ ----..99. I I I?ussnsslul, rant lpnnlid. I I L11vy Ili stay0dItU -.------- drays or _I (lanumily stnyud. TOTAL _ I I (JI)IUCHUII lu Qvy Ilab I cull Illid and IhetllltlO will be hullf: i; , pntn? Plu ? Tunt) ANY I'A111Y UAS INL 111011 IO APPI.AI. A,ItIO(!MfNF INVOLVING A RLSIGLNIIAV [I.ASF. ANL) AFFLCIING IHF_ I)I.I IVI NY 01 POSSI.SSIONOf IIFAL I'llol'IIIIYWill IIN to 0AYV Of 1111:l IF Of JUUGMLNI IIYFILINGA NO1IIX OF APPEAL WI N 11711 1'ITOIIION0IAIIYICI I III(0I INL COUH I OF COMMON I'L FAS, CIVIL DIVISION. ANY PARTY AGGRIEVED BY A JUDGMENT FOR MONEY OR A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS OF ENTRY OF THE JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYXLERK OF THE COSJgT OMMON PLEADS, CIVIL DWI 810 N. r Onto District Justice I col lily 11101 this is it Huo and i:uno of thu urcnrcl of 11 ploil3gl4vo{n rc,n1:111 111It) Ibe pAlUrlunlt. -.jb "1] JQ_ Unlu I , plsttlct Justice My eonnnlssunl vxpll , Ios1 Monday of Jill Unly, roam SEAL NOTICE OF JUDGMENT/TRANSCRIPT rI MPatl I L„ i I N'I'I( I I•:I( I , NI(ANK C !) 1 l 111 (1 I01I4 1NGN I(1), NEW CI)MISh:It1,ANU0 I'A Ill O7 I it I I NI InIV I VS, lPOMFIHOY, HANDY 4032 CUAHI,FS HD, APIA MECHANICNDURU, PA I70I1t1 I. 0ockol No, CV-0000212-961 Unlulllutl, 5/24/96 A00, WCA, 4 FRANK C, INTRIMRI, Plaintiff Y. RANDY POMRROY, Defendant Tot Randy Pomeroy, Defendant IN 'CHM COURT OF COMMON PLMAS CUMNMRLAND COUNTY, PRNNeYLVANIA CIVIL ACTION - LAW NO, You are hereby notified that on (.Ik , 1996 the following Judgment has been entered age nim. you n the a60ve- captioned casei Principal 01,732.50 Interest from 6/26/96 to and including 6/7/96, plus ($0.29 per day thereafter r......r,..r 1 11 89 Costa r.....r.....r Total ...........................r. $1,756,64 Date l I hereby certify that the name(,bnd address of the proper person to receive this Notice isi Randy Pomeroy 4932 Charles Road, Apt, JJA Mqchanicaburg, PA 17055 Date F MARTSOLF By aruey r. arac n, Esquire Pa, Attorney ,D, o, 23949 2515 North Front Peet P. O. Box 12106 Harrisburg, PA 17108-2106 ('717) 236-4241 Attorneys fok Plaintiff 1 . A Randy Pomeroy, Defendido/a, Defandidoe/as Por note medio so le eats notificando quo el de del 1996, el/la siguiente Fallo he lido an'do an oou a yea en el caao mencionado on al epigrafer Principal 11,732,60 Interest from 6/28/96 to and including 8/7/961 plus $0.29 per day thereafter 11,89 costs l4,.U 't'otal $1, 7681 64 recha1 ro onotar o ,Certifico qua la aigguiente direccion as lei del defendido/a Begun indicada an el certificado de residenciac Randy Pomeroy 4632 Charles Road, Mechanicsburg, PA Date . Apt, NA 17066 VL UYV •. NL YYV Pa, Attorne I 2616 North jr n P. O, pox 12106 Harrisburg, PA (717) 236-4241 Esquire No, 23949 Street 17108-2106 Abogado del Demandante ROXANNE BALKOVIC, Plaintiff VS. KENNETH J. BALKOVIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-4561 CIVIL TERM IN DIVORCE DEFENDANT'S REPLY TO PLAINTIFF'S NEW MATTER FILED IN RESPONSE TO DEFENDANT'S PETITION TO MODIFY OR TERMINATE ALIMONY AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Reply to Plaintiffs New Matter: 11. No answer required. Defendant incorporates herein, by reference, the averments set out in his original petition. 12. Denied. The information necessary to respond fully to the. averments in this paragraph are within the exclusive control of Plaintiff and have not been disclosed or made known to Defendant, so Defendant denies the same and demands proof thereof at trial. 13. Denied for the reasons set forth in Paragraph 12. By way of further answer, Defendant/Husband states that Plaintiff/Wife's needs are only one factor this court must consider in setting or modifying an award of alimony. 14. Denied for the reasons set forth in the Answer to Paragraph 13 above. 15. Denied for the reasons set forth in the Answer to Paragraph 13 above. By way of further answer, Defendant denies that the court recognized that Plaintiff was entitled to alimony indefinitely and averred that, to the contrary, the original award of alimony was based upon Husband's income which was much greater than his income at the present time. 16. Denied for the reasons set forth in the Answer to Paragraph 13 above. 17. Denied. Husband has attempted repeatedly to sell the real estate he owns in Pennsylvania, without success. His efforts to sell the house and to purchase a new residence in Florida are not intended to revise Husband's investment plans. 18. Denied. Husband's residence is vacant because it is not easily rented because renting it will reduce the prospects of sale. The property is actively listed for sale and Husband has kept it vacant to enhance the chances of sale and not to reduce his income. 19. Denied. Husband intends to sell the residence in Pennsylvania but does not plan to sell his residence in Florida. He has no scheme or artifice which is intended to depress or conceal his income. 20. Denied. The actual value of Husband's annuities have declined since the 2005 hearing and, as a result, his income has declined substantially. Because of the decline in income, any withdraws made by Husband from the annuities would invade the principal of those annuities and would result in a confiscation of his assets, as prohibited by law. 21. Admitted in part and denied in part. It is admitted that a portion of the principal of the annuities is not subject to income tax at the present time because taxes paid on the income used to purchase the annuities. However, the alimony order which forces Husband to liquidate the principal of his annuities would be confiscatory and not permitted by the law of Pennsylvania. 22. Husband admits that he holds a license, recently acquired, as a salesman of water craft. Husband has not, however, successfully sold any water craft and has not earned any income from the license he holds. 23. Denied. All income earned or otherwise available to Husband was reported accurately at the 2005 hearing and is accurately reported on the income tax returns which he is providing to Plaintiff and her attorney. He has no other income not so reported. 24. Denied. Following the hearings in this matter in 2005, this Court determined that Husband's income was most accurately measured by the increase in value of the annuities he held. Since those annuities have not increased in value since 2005, but have actually decreased in value, Husband has not earned any income from the annuities and has no income from the annuities available to pay alimony. The financial circumstances of Husband, and of the investment economy entirely, have changed dramatically since the 2005 hearing and, as a result of those changes, Husband does not have the income now that he had in 2005. 25. Denied. Husband's financial assets have declined in value substantially since the 2005 hearings and, as a result, he does not have sufficient income from his financial assets to pay alimony in the amount of $6,000.00 per month. His intention in filing this petition is a good faith effort to seek relief from an alimony order that, if allowed to continue at the present rate, would be unjust, confiscatory, and contrary to the law of Pennsylvania. 26. Denied. Husband, by seeking relief from this court to which he is entitled both by the law and the facts in this case, has not taken any action which is dilatory, obdurate, or vexatious. 27. Denied. Defendant has not filed a "frivolous, vexatious, and costly" action, but has, rather, filed a good faith petition with this court seeking relief from an alimony order which he can no longer afford to pay because of significant changes in his financial situation which are beyond his control. el L. An es Attorney for Defendant Supreme Court ID 17225 525 North 12'hStreet P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subjecl falsification to authorities). Date: Al 13. Qq CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Plaintiff, by her counsel, herein by regular mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 Date: y. /3.09 OOWC/n?A??? Amy . Harkins Secretary for Samuel L. Andes FILES s C,,- OF THE , F 'JTAPY 2009 JUIL CUPrs _