HomeMy WebLinkAbout96-05704
"i'"
,,_,:__u;
;<>
~'~Ilf
-'''....,
:"'1'
.'-'"
.'.
}~
I'
C
"0<_"
'"
, iJ
;"<:
,
...
____~M~_~_e__*_*_~~~)_:~:~_~__~~_~
. ------.-..-... -.....-.... ..------'.....,.---....--...--..--....'..--,..- _.,-_.......-..._.._-~+_.'-,.,.,~-...,~-_.----...-.....-.---------......,--..... ..
~ W
.. so
~
*
. ,
~)
-"i
~~
~.' (
~I
~i
. i
~,
-,'i
vI
-"j
Wi
".I}
~I
'.-j
~I
~i
...
.,
~;
_"J
i
~;
....i
!i~
..'1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
~
STATE OF ~ PENNA.
JULIE A. CARR,
:'\0.96-5704 CIVIL.Il)96
Plaintiff
"1.'1":-11:-;
l~
~~
,
~~
j'
~~
{ .~
;8
o E C R EEl N -t- -2. , 2'1. /}All ;~
I VOR CE OJ.... ..J ',-1;1'" \ '~
'2*},. 19Qa., it is ordered and :
MICHAEL S, CARR,
Defendant
~:;
i
~'
~,
. .,
~,
~
AND NOW,.
.',
~
~
8
~i
I
8;
,
~!
~\
. \
~i
~l
I
~l
Sl
I
w{
~i
~~
~.
S
,
.
,
."~;
decreed that.. .JULIE.A. C/l.RR.... ..., plaintiff.
and. . . .. . . . . . . . MICHAEL S, .CARR defendant.
ore divorced from the bonds of matrimony. The teI:llll of t1-e Marriage
SettlBll!.l\t AgreEm!nt entered into by the parties 00 August 3l, 1998, are
inco1"PQ1;ated hereinf, . . d" f h f II . I' h' h h
- Ihe court re oms IUrlS Ictlon 0 t e 0 oWing calms W IC ave
been raised of record in this action for which 0 final order has not yet
been entered;
None
f
I'folhm-v.t .\1\
.
~ . .. ~. ~. ,~ .~ . . . ~.: ~: . ~ ~ . J"T ~ .
8
~
<:,
~
!~
','
~
','
8
~
,;,
"
~
'.'
~
<:.
~
.;,
"
~
~
.~
~
'~
~
S
~
~
~
~
J
~
..
.
~
.
~
.
.
TABLE OF CONTENTS
SECTION I:
Introduction
2
SECTION II:
General Provisions
4
SECTION Ill:
Custody, Support, Alimony and Alimony Pendente Ute
Provisions
10
SECTION IV:
Property Distn'bution Provisions
13
SECTION V:
Closing Provisions and Execution
17
SECTION II
GENERAL PROVISIONS
I. MUTUAL CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of
Section 3301 (c) of the Divorce Code of 1980, as amended and will execute the documents DeceS5IIy
to effectuate a divorce under those provisions concurrently with the execution of this Agreement.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be enteml with
respect to the parties.
J. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE
DECREE
The provisions of this Agreement may be incorporated by reference but shall not be deemed
merged into any judgment or decree for divorce obtained by either party. This agreement shall
survive any such final decree of divorce, shall be entirely independent thereof. and the parties intend
that all obligations contained herein shall retain their contractual nature in any enforcement
proceedings. whether enl'oI CC111e11t is sought in an action on the contract itself or in any enforcement
action filed to the divorce complaint.
4. DATE OF EXEClITlON
The "date of execution" or "execution date" of this A8reen.alt shall be defined u the date
upon wbidt it is ewealted by the pIrtics if they ha\"e ach executed the Ag!ce.,lgj( on the same date.
0tIawiJe, the". ofellecubon" or "~1tiOrI date" of this A8feeincat shall be defined u the date
of execution by the party last exccutina this A,recment.
4
5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Kathleen Carey Daley, Esquire, The provisions of this Agreement and their legal effect
have been fully explained to Husband by his attorney, Maria p, Cognetti, Esquire. The parties
acknowledge that they fully understand the facts and have been fully informed as to their legal rights
and obligations, and they acknowledge and accept that this Agreement is. in the circumstance, fair
and equitable and that it is being entered into freely and voluntarily, after having received such advice
and with such knowledge and that execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper or illegal agreement or
agreements,
6. TAX PROVISIONS
The parties believe and ~ and have been so advised by their respective attorneys. that the
division of property heretofore made by this Agreement is a non-taxable division of property between
CtHlwneB rather than a taxable sale or exchange of such property, Each party promises not to take
any position with respect to the adjusted basis of the property assigned to him or her or with respect
to any other issue which is inconsistent with the position set fonh in the preceding sentence on his
or her federal or state income tax returns,
The panies have heretofore filed joint federal and state tax returns, 80th panies agree that
in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any
such tax is made against either of them. each will indemnify and hold lwmIess the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense inc:urml in connection them\ith Such ta."t, interest. penalty or expense shall be paid solely
and entirely by the individual who is finally determined to be the QUse of the misrepresentations or
failures to disdose the nature and extent of his or her separate income on the aforesaid joint returns,
7, PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter. live separate and &pan. They shall
be free from any contact, restraint. intenerence or authority. direct or indirect. by the other in all
respects IS lWIy IS if they were IIIIII1II"ricd Each may, for his or her separate use or benefit. conduct.
cany 011 and eI\IIlJC in any busintu, oowpatioo. profession or ~ment which to him or her may
seem alhisable Wife and lIusband sha1I not molest, banS&. disturb. or maIip eech other or tile
resp<<ti\"C familia of each other IIOf compd or attempt to compel the other to cohabit or lhotiI by
any means whatsoc\-cl' with him or her
')
8. MUTUAl. REI.EASES
Except as otherwise expressly provided by this Agreement:
A. Each pany hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which either
may have or at any time hereafter have for past, present or future support or maintenance. alimony
pendente lite. alimony. equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship or otherwise.
including all rights and benefits under the Pennsylvania Divorce Code of 1980. its supplements and
amendments, as well as under any other law of any other jurisdiction, except and only except all
rights. agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof Neither party shall have any obligation to the
other not expressly set forth herein.
B. Each pany hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs. executors, administrations, assigns, property and estate from any and all
rights, claims. demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any fonner or future acts, contracts, engagements or
liabilities or the other or by way of dower. curtesy. widow's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take against the spouse's win. or the right to
treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to
panicipate in a deceased spouse's estate. whetber arising under the laws of Pennsylvania, any state.
commonwealth or territory or the United States. or any other country. It is expressly understood,
however. thai neither the provisions of this release nor the subsequent entry of a divorce decree are
intended to defeat the right of either pany to receive any insurance proceeds at the death of the other
of which she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest
or residuuy portion of the other's estate under his or her wiD. or to act as personal representative or
executor if so named by the wiD of the other. whether such \\111 was executed prior or subsequent to
this Agreement
C Except for any cause of action for divorce which either party may have or claim to
ha\~ and except for the nhIiptioos of the parties contained in this Agreement and such rights as are
e'pressly reser\'Cd herein, each party gi\ti to the other by the execution of this AgJec.nedt an
ahsohlte and 1II1C01~ rdease and disdwge from all causes of action.. claims, rights or demands
what~-er. in law or in equity. which either party C\-CI' had or now has apinst the other
6
18. SEVERABII.lTV AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be deemed
to be a separate and independent covenant and agreement. If any tenn, condition, clause or provision
of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that tenn, condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligations under anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the
remaining obligations of the panies.
19. MANNER OF GIVING NOTICE
Any notice IliqUired by this Agreement to be sent to Husband shaIJ be sent by certified mail,
return receipt requested. to Michael S. Carr, 43 Texaco Road. Mechanicsburg. Pennsylvania 17055.
or counsel for Michael S. Carr, or such other address IS Husband from time to time may designate
in writing.
Any notice requin:d by this Agreemeut to be sent to Wafe shall be sent by certified mail, return
receipt requested. to Julie A. Carr, 1608 Airport Drive, Mechanicsburg. Pennsylvania 17055, or
counsel for Ju6e A Carr, or such other address IS Wife from time to time may designate in writina.
ZOo HUDlNGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
imerted solely for coownience of rerg 03"'" and shaD not oonstitute I pan of this Agnle......d nor shaIJ
they affect its meaning. construction or effect.
:II, EFFECTOr HCONCII.lATION OR HCONCII.IATION ATlT.MPT
This Agreement shall remain in fuD force and eft'ect even if the pII1ies ~ cohabit IS
"'~ and wife, or attempt I ..econciliation This Agreaneut shaD continue in fun force and etTect
and tbtR .... be no mt'<'lkation or waiver of any of the terms hereof' unIas the parties. in Wl'itin&.
signed by both pII1ies, execute I statcmmt decIarina this Aarecmeat or any tam of this ~_It
to be lI1II and void.
9
SECI'ION III
CUSTODY, SUPPORT, ALIMONY, AND ALIMONY PENDENTE LITE PROVISIONS
I. LEGAL CUSTODY
The parties agree that legal custody of their two children, Jennifer L. Carr and Christopher
M. Carr, shall be shared equally between them to assure neither parent shall be foreclosed in
participating in aD decisions affecting the maintenance, support, education, health, safety and welfare
of the children during their minority.
In addition to any provisions which may be contained herein regarding custody, both parties
shaD have the following rights with respect to the children: reasonable telephone caDing privileges;
access to report cards and other relevant information COIlCerIIing the progress of the chiIdrm in
school; approval of extraordinary medical and/or denta1 treatmau provided that such approvaI shall
not be UIIll:asOIIIbIy withheld.
2. PHYSICAl. CUSTODY
A MaioritY ~I Custocty - The parties asree that Wife shall have majority pbysicaI
custody ofChristophcr M. CIIT and Husband shaD have lTIIjolity physical custody of J~...i1et L. Carr.
B. Partial ~ Custocty - "'..hand shall have putiaI custody ofChrlstopher M. Carr
in accordance with the fonowing schedule:
(I) Weekends - Every-other-~4'IlCI &om Friday It S:OO p.m. WIliI
Sunday II 9:00 p.m.
(2) Wednesday Evenina - Every W"",I...,.,Jay ewnint from SOO p.m. to
9:00 p.m.
schedule:
Wife shaD have putiII custody of Jennifer L. CIIT ill ICICOl'ItM... with the lbI1o..iDa
(I) Weekends - Every..othcr.weekend &om Friday It SOO P m. lIIIIi Sunday It
9:00 p.m.
(2) Midweet .. . A mOd.._ visit Itom SOO p. 10900 pm.. Ill8y be
Id-tolled II mutually ... upon bet~.. Wife and JaIAlt. l. ClIIT
10
'.
.' .
I. Wlfe'sl"Clllll1iltle or oohIbitation with I member of the opposite sex;
In addition to the basic duty of support as provided under the Pennsylvania Rules of Civil
Procedure, all reimbursed medical expenses shall be paid by the parents in proportion to their
respective incomes. Based upon the current incomes of the parties, all such expenses shall be paid
S8% by Husband and 42% by Wife.
4. HF.ALTHINSlIRANCE
Husband agrees to provide health insurance for the children for so long as it is available to him
at no or minimal cost by his employer. If said insurance becomes unavailable to Husband and Wife
has entitlement to insurance which can be provided to her at no or minimal cost, said insurance will
be furnished by her.
5. AUMONY
A. Amount and Term of AIimoIlY' Husband shall pay to Wife, conunencing on the first
day of JWIC, 1998 through and including JWlC I, 2004, for her separate support and maintenance, the
amount ofS840.00 per month. This I~....:nts 30"10 of the difference between Husband's net income
and Wife's net income.
B. Modification of AlimoQ)' - The parties agree that the amount of alimony shall be
subject to modification only as set forth herein The amount of alimony shall be subject to
modificarion upon a substantial change in circumstance. The parties agree that any modified alimony
amount shall be computed as 3~~ of the difference between Husband's net income and Wife's net
income.
C. T~ of AIimoIlY - Alimony payments shall terminate upon the first to occur:
2. Wife's death;
3. Husband's dat~
4. Final payment to occur on JWlC I, 2004
o Till T......t_ . These payments shall be income to Wife under Section 71 of tile
Intfl'llll Reveue Code IIld decb:tible to Husband under Section 21 S ofllle Intemal Revenue Code
The pIltia hlnby .. and adnowledp that Husband has made alimony payments to Wife in the
IItlOUIII of11ne Hundred Fifty ($350 (0) per month bqinnina JIIUf)' I. 1991 until JWlC I. 1991.
12
at which time the payments as set forth in this agreement commenced.
SECTION IV
PROPERTY DISTRIBUTION PROVISIONS
I. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of
art and other personal property, Wife agrees that all of the property in the possession of
Husband shall be the sole and separate property of Husband; and Husband agrees that all
of the property in the possession of Wife shall be the sole and separate property of Wife.
The parties do hereby specifically waive, release, renounce and forever, abandon any
claims which either may have with respect to the above items, which shall thereafter be
the sole and exclusive property of the other.
2. Bt:TIREMENT BENEFITS
Husband agrees to immediately segregate from his American Funds Group
Account No. 58752012 the sum of $49,1 00; said funds to be placed in either a
guaranteed fixed fund or a mutual fund, at Wife's option, If Wife does not state a
preference upon the signing of this Agreement the funds shall be placed in a fixed fund.
Subsequent thereto, this segregated fund shall then be transferred to Wife through a
Qualified Domestic Relations Order. Husband and Wife agree to execute the necessary
documents to accomplish same.
It is anticipated that this will be a tax-free distribution incident to any instruments
required to transfer this fund to an IRA to be identified by Wife, The parties hereby agree
that any costs incurred with the drafting of the Qualified Domestic Relations Order in this
case shall be bome equally between the parties.
Wife shall receive the following accounts as her sole and separate property:
Warner lambert Sa\-ings and Stock Plan
Nationwide Insurance Companies and Affiliates Restated Retimnent Plan
Punwn Cn\1lncome and Growth
Putnam New Value
Putnam Growth and Income
13
.t'
.
. iJ
~
.' .
incident to the refinancing of the marital residence.
(2) Husband agrees that as of the date of execution of this Agreement,
any and all title policies and any other policy of insurance with respect to the Marital
Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees
that Wife shall be entitled to receive any payments now or hereafter due under any
such insurance policies.
(3) Except as otherwise provided herein, commencing on the execution
date of this Agreement, Wife shall be solely responsible for all costs, expenses and
liabilities associated with or attributable to the Marital Residence regardless of when
the same shall have been incurred including, but not limited to, mortgage, taxes,
insurance prerniwns and maintenance and Wife shall keep Husband and his propeny,
successcn. assigns, heirs. executors and administrators indemnified and held harmless
from any liability, costs or expense. including attorney's fees, which may be incurred
in corUlCCtion with such liabilities and expenses or resulting from Husband's ownership
interest in said property. Wife shall immediately, upon transfer of title to the marital
residence by Husband, take all steps necessary to apply to Bank of America.. FSB to
have Husband completely and fully released of any and all liability he has on the
mortgage and/or Wife shall apply to refinance the amount owed on the Bank of
America.. FSD, mortgage with a loan in her name alone.
(4) Wife shaD pay to Husband the sumofS20,OOO.OO upon her successful
refinancing of the Bank of America.. FSB, mortgage balance In the event that Wife
is tmabIe to obtain new financing as set forth herein, she shall list the propeny for sale
and shall pay to Husband the sum ofS20,OOO.OO upon sale of the home The price
and terms of sale shall be the fair market value as agreed to by Husband and Wife or
as determined by an independent appraiser if the panics are unable to agree as to
price
~t.. Ii, hl>wtL'l'r: tVJ.le. 15 ll/){'{Je 10 gt4 J;rUu)(l/~
<. ..(-' 61\l:t JIlt hf1flt 1.5 1J:.,.f- sold f)J'''#lIn SiX n~ll..J1>s
~rtfn ~l(. ~(i-U o-f. e tR({1 hen of. -lh,~ A~ Rl!men-t wi.{~
~h{\1/ ~ue..tJ\d.t~s 'MI\\ttllt.lfe-'lf Po.4 t-1uslx'lld
-lilt?.. Slun a~l}D,C(('l(i{), .frOm U)h{d'eli~r SOU(CL.
16
, '.
- .--
SECTION V
CLOSING PROVISIONS AND EXECUTION
Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
set their hands and seals on the elate indicated below.
~~lJu1J
)~.
c.L..~.. d. cLuJ
JULIE A. CARR
f.,JI'IY
DATE
tit1/) an
MICHAEL S. CARR
i/J" /1i
DATE
17
JULIE A. CARR,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
Plaintiff
v,
: NO. 96-5704 CIVIL
MICHAEL S. CARR,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record together with the following information, to the c:ourt for entry of a
divorce decree:
I. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: 10119/96 by certified mail. restricted
delivety. An Affidavit of Service hu aIrady been filed with this Honorable Coun.
3. (Complete either paragraph (a) or (b).)
(a) Dateofexecution of the affidavit ofCOllJel1t required by f3301(c) of
the Divorce Code: by Plaintiff: August 31, 1991; by Defendant: August 26, 1991.
(b)(I) Dateofexecution ofthuftidavit required by t3JOI(d) of the Divorce
Code: N/ A; (2) Date or Ii1ing and scnice of the Plaintifl's Affidavit upon the
respondent: N/A.
'\)
r<J
~ .:: I::'
< ~
""' if. :?~
f 'J
,:.$
" ".. J;:':
'L .:...
~. .....
r-' J;:J
......, '''5
U,L- "
'j~
,J :.:;;:
u:...~: t- iHil
,. L'
.' C f:')u..
L:._ ."
U \.0 :5
fj', 0
~~f' ~
~ 'r; '"
~ ~ ~
~ ~~
r::'" cr-
" '" $.
~ l<:) ~
~~
...
~
~
<
5~
~! tJ
tile.
r~~ ~
i:!l... ~ ~ ~
. ...l ...
... ..
~:at: ... c:
... .-3 S
8~tj c:
.... ai liPJ
=~ :It
coO . ...
~~ ~~ .. IE
.
. tIl ...
< ft ~!JI
IlIl ~
~t: . ~ !!~
tji
Ii! f
=:
.
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JULIE A. CARR,
plaintiff
) I ",' .
~ ;L- j-7tq 'It',l_
) NO. CIVIL 1996
)
) CIVIL ACTION - LAW
) IN DIVORCE
v.
MICHAEL S. CARR,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, inclUding custody or visitation of your
children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counselling.
A list of marriage counsellors is available in the Office of the
Prothonotary, CUmberland County Courthouse, 1 Courthouse square,
carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral service
cumberland County Courthouse
Court Admini.trator, 4th Floor
1 Courthouse Square
Carlisle, PA 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of COD\lllon Pleas of CUmberland County is required
by lav to comply with the American. with Di.abilitie. Act of
1990. For information about accessible facilities and reasonable
a~ation. available to diaabled individuals having bu.ine..
before the court, plea.e contact our office. All arrange.ent.
auat be aade at least 72 hours prior to any hearing or bu.ine..
berore the court. You must attend the scheduled conrerence or
hearing.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JULIE A. CARR,
Plaintiff
)
)
)
) NO. '/(. " ,e' CIVIL 1996
)
) CIVIL ACTION - LAW
) IN DIVORCE
v.
MICHAEL s. CARR,
Defendant
COMPLAINT IN DIVORCE
Plaintiff Julie A. Carr, by and through her counsel, Howett,
Kissinger & Miles, P.C., hereby files this Complaint in Divorce
and in support thereof avers the following:
1. Plaintiff is Julie A. Carr, an adult individual
who currently resides at 1608 Airport Drive, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
2. Defendant is Michael S. Carr, an adult individual
who currently resides at 4185 Mountain View Road, No. 102,
Mechanicsburg, CUmberland County, Pennsylvania, 17055.
3. Both the Plaintiff and Defendant have been bona
fide residents in the Commonwealth of Pennsylvania for at lea.t
six (6) months immediately previous to the filinq of this
COmplaint.
4. The Plaintiff and Defendant were married on
February 15, 1980, in COluabus, Ohio.
5. There have been no prior action. for divorce or
for annul..nt of the marriage between the partie. instituted by
either of the. in thi. or any other juri.diction.
~ .~" -......
--
6. Neither Plaintiff nor Defendant is in the military
or naval service of the United states or its allies within the
provisions of the soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
7. plaintiff has been advised that counselling is
available and that Plaintiff may have the right to request that
the court require the parties to participate in counselling.
8. The parties have lived separate and apart since on
or about February 1, 1996.
COUNT I - DIVORCE PURSUANT TO 13301Ccl or Cdl
OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
10. The marriage of the parties is irretrievably
broken.
WHEREFORE, Plaintiff respectfully requests the Court to
enter a Decree of Divorce pursuant to 13301 of the Divorce Code.
COUNT II - EOUITABLE DISTRIBUTION
10. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
11. Plaintiff and Defendant have leqa11y and
beneficially acquired property, both real and personal, dur11'19
their ..rriage, which property is -..rital property,.
WRERIFORE, Plaintiff reque.t. the COurt to equitably divid.
all ..rital property.
2
COUNT III - ALIMONY AND ALIMONY PENDENTE LITE
12. The foregoing paragraphs of this Complaint are
incorporated herein by reference as though set forth in full
herein.
13. Plaintiff lacks sufficient property to provide for
her reasonable means and is unable to support herself through
appropriate employment and requires reasonable support to
adequately maintain herself in accordance with the standard of
living established during the marriage.
14. Plaintiff is unable to sustain herself during the
course of this litigation.
WHEREFORE, Plaintiff requests the Court to enter an award of
reasonable temporary alimony until final hearing and permanently
thereafter.
COUNT IV - COUNSEL FEES. EXPENSES AND COSTS OF SUIT
15. The foregoing paragraphs of this Complaint are
incorporated herein by reference as though set forth in full
herein.
16. Plaintiff has retained an attorney to bring thi.
action and has agreed to pay bia a rea.onable fee.
17. Plaintiff bas incurred and will incur costa and
expense. in prosecuting this action.
3
18. Plaintiff is not financially able to meet either
the expenses and costs of prosecuting this action or the fees to
which her attorney will be entitled in this case.
WHEREFORE, Plaintiff requests the Court to enter an award of
interim counsel fees, costs and expenses until final hearing and
thereupon award such additional counsel fees, costs and expenses
as deemed appropriate.
Respectfully submitted,
Date:
/~/j~
~
~ f;~ '// /<:. ~
Donald T. Kissinger, Esqu
HOWETT, KISSINGER , MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Plaintiff
Julie A. carr
4
VERIFICATION
I, Julie A. Carr, hereby swear and affirm that the facts
contained in the foregoing Complaint in Divorce are true and
correct to the best of my knowledge, information and belief and
are made subject to the penalties of 18 Pa.C.S. 14904 relating to
unsworn falsification to authorities.
Date:
,
I 'n ,.~~. i',,"
'.".,J.;.<......_ .;. j,
Julie A. Carr
.
. fE' ~ f~~
. ~
' t-
(J
c"
~ <n.
en
0
p;
"'< ; ~
0'"
~~~
><> lj
ii:" ... 8ctl;i
>
""...... &1 I ~ i ~J
> ... .. en
. ... ... c:l
~=-u ... . IS
.. ...,
IS j~ c: . a~ ~I;~I
.... ~
~8~:;; =..!!l >
tS"" ~
BIGI . i J
In IS
.
~ ~8 < I
!loa <
> . ~
z: "'0 =
... uz:
. .
. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JULIE A. CARR, I
plaintiff )
)
v. ) NO. 96 -- 5704 CIVIL
)
MICHAEL S. CARR, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF DAUPHIN )
Donald T. Kissinger, being duly sworn according to law,
deposes and says that he is an attorney at law duly authorized to
practice in the Commonwealth of Pennsylvania, and that on the
18th day of October, 1996, he sent the original of the attached
letter, with which was enclosed a certified, time-stamped copy of
the Complaint in Divorce in the above-captioned matter, properly
endorsed, to the Defendant, Michael S. Carr, by certified mail,
postage prepaid, return receipt requested, restricted delivery,
pursuant to Pa.R.C.P. 1930.4, to 4185 Mountainview Road '102,
Mechanicsburg, Pennsylvania, 17055, the Defendant's last known
address, and that the return receipt card which was signed by
Michael S. Carr, marked as having been delivered to him on
October 19, 1996, is attached hereto and made a part hereof.
~r<':-----~' ~
--. ~ ~ ~ ~ ~
-;~~ld T. Kissing squire
HOWETT, KISSINGER' MILES, P.C.
130 Walnut street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Attorney 1.0. .47937
SWORN TO AND SUBSCRIBED
before .e thb ~
-"-
~'h'/. H St't
Q(llU \1 '.....f _J'.' , "'b'lt
.... f:' 'u;\i ;,-;. ..~.t;,,1 t.Gul". "a
"ll~'''' -"~:l..,, ~'.1 n 1"1:..1\ II t.
-----.--
JULIE A, CARR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
MICHAEL S, CARR,
Defendant
: NO. 96-5704 CIVIL
: IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on October
16, 1996.
2. The maniage ofPlaintitr and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date offiling and service of the Complaint.
3. I consent to the enuy of a final decree of divorce after service of notice of intention
to request entry of the decree.
I vemy that the statements made in this Affidavit are tnle and correct. I understand that fa1se
statements herein are made subject to the penalties of 18 Pa.C.S.A. f4904 relating to unsworn
falsification to authorities.
Date:
If Jl II(
By: (..r~ Ii t'......J
JULIE A. CARll. PIaintitf
\
.
fl
I,
,.
I
!
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JULIE A. CARR,
v.
: NO. 96-5704 CIVIL
MICHAEL S. CARR,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER f330UCl OF THE DIVORCE CODE
1. I consent to the entry of I final decree of divorce without notice.
2. I undenwId that I may 10se rights concerning alimony, division ofpropcny,lawyer's
fees or tAptaiStS if I do not daim them before I divorce is granted.
3. I undenwId that I willllOt be divorced until . divorce decree is entered by the Coun
and that I topy oftlle decree will be sent to me immediately after it is tiled with the Prothonotary.
I verifY that the statemeIU made in this affidavit are tlllC and correct. I understand that tilse
statements hcnlin are made IUbjed to the penalties of II PI.C.S,A 14904 relltit1a to unsworn
falsification to IUtboriria.
Oate:
''''I h
By: <--"Ad.......it' t:....J
JUUE A CARR. P1aintift'
I
JULIE A. CARR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 96-5704 CIVIL
MICHAEL S. CARR,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER f330ltC) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division ofpropeny,1awyer'1
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I wiD DOl be divorced until a divorce decree is entered by the Coun
and that a copy of the decree will be sent to me immediately after it is filed 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. 14904 rdating to unsworn
falsification to authorities.
Date:
J?/.:J~ /9 i'
By: V.A ~
r.ilCHAEL S CARR, Defendant
SECTION II
GENERAL PROVISIONS
I, MUTUAl. CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of
Section 330 I (c) of the Divorce Code of 1980, as amended and will execute the documents n.....nary
to effectuate a divorce under those provisions concurrently with the execution of this Agreement.
2,
EFFECT OF DIVORCE DECREE
,
The panies agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a tina1 decree in divorce may be entered with
respect to the parties.
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE
DECREE
The provisions of this Agnement may be intorporated by reference but shall not be deemed
merged into any judgment or decree for divorce obtained by either party. This agreement shall
survive any such final decree of divorce, shall be entirely independent thereof. and the parties intend
that all obligations contained herein shall retain their contractual nature in any enforcement
proceedinp, wbether enfon:emeot is sought in an action on the tontrICt itself or in any enforcemeut
action filed to the divorce complaint.
.... DATE OF [xEC'UTlON
The "date of execution" or "executioft date" ofthi. Asreemem shall be defined IS the date
upon which it is ~Ited by the parties if they have rach executed the Agreement on the same date.
Otha wise., the "date of moltion" or ........""on date" of this Aaiee..'lCa1t shaD be defined u the date
of execution by the party last executing this Asree.ne..t
"
5. ADVICE OF COUNSEl.
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Kathleen Carey Daley, Esquire. The provisions of this Agreement and their legal effect
have been fully explained to Husband by his attorney, Maria P. Cognetti, Esquire. The panics
acknowledge that they fully understand the facts and have been fully infonned as to their legal rights
and obligations, and they acknowledge and aecept that this Agreement is, in the circumstance, fair
and equitable and that it is being entered into freely and voluntarily, after having received such advice
and with such knowledge and that execution of this Agreement is not the result of any durcss or
undue influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
6. TAX PROVISIONS
The panics believe and agree. and have been so advised by their respective attorneys. lhallhe
division of property heretofore made by lhis Agreement is a non-ta.xable division of property bel ween
co-owners rather than a taxable sale or exchange of such property. Each party promises nOllo take
any position with respect to the adjusted basis of the property assigned to him or her or ",ilh respecl
10 any other issue which is inconsistent "'llh the posilion set forth in the preceding senlence on his
or her federal or slate income lax returns
The panies have heretofore filed joinl federal and stale Ia.x returns. Both panics agree lhat
in the event any deficiency in federal, Slate or local income tax is proposed, or any assessment of any
such tax is made against either of them. each ",ill indenmify and hold hannless the other from and
against any 1055 or liability for any such tax deficiency or assessmenl and any interest, penalty and
expense incumd in COIlileaion therC\\lth Such tl.x. interest, penalty or expense shall be paid solely
and entirely by the individual who is finally determined to be the cause of the misreprcscnaalions or
faillRS to disclose the nature and extent of his or her separate income on the aforesaid joina returns
7. PERSONAl. RlGUTS
Wife and Husband may and shall. al all limes hereafter. li\e separate and apart ~. shall
be free from an~ comacr. restraint. interference or authority. direcl or indirect. by the other In all
I ~s as lUI/y as if ~ ~ lIM1IITied Each may. for his or her separate use or benefit. condua.
carry on and ~ in any business.. oa:upalKln. profession or empl,)\ment whicb to him or her may
seem ad\;sabk WIfe and Husband !J\aIl oot molest. harass. disturb. or malign each other or lhe
respecti\\~ famdi~ of each other nor rompd llf altemptlo compel the other to cohabitll! d\\eU b\'
an\' means ",hat5t~~ \!lith him or hl:r
8. MUTUAL REI.EASES
Except as otherwise expressly provided by this Agreement:
A. Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which either
may have or at any time hereafter have for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and
amendments. as well as under any other law of any other jurisdiction, except and only except all
rights, agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof Neither party shall have any obligation to the
other not expressly set forth herein.
B. Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrations. assigns. property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise. whether now existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts. contracts, engagements or
liabilities or the other or by way of dower. curtesy, \\idow's rights. family exemption or similar
allowance, or under the intestate laws. or the right to take against the spouse's will, or the right to
treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to
participate in I deceased spouse's estate, whether arising under the laws of Pennsylvania, any state,
commonwealth or territory or the United States. or any other country It is expressly understood.
however, that neither the provisions of this release nor the subsequent entry of a divorce decree are
intended to defeat the right of either party to recei\'C any insurance proceeds It the death of the other
ofwhich she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to recei\'C any legacy, bequest
or residuary portion of the othel's estate under his or her will. or to act as personal representative or
executor if so rwned by the will of the other, whether such \\ill was executed prior or subsequent to
this Agreement
C E'l.cept for any cause of action for divorce ",hich either party may ha\'C or claim to
have, and except for the obIigaIions of the parties contained in this Agreement and such rights as are
expressly reservN benin. each party gives to the other by the execution of this Agreement an
absolute and unconditkNI rdease and discharge from all causes of action. claims. rights or demands
whatsoever. in IIw or in equity, ,.-bich either party e\'Cf had or 00\\ has against the Olher
13. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
14. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
15. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them. There are no representations or warranties other
than those expressly set forth herein.
16. OTHER DOClJMENTA TlON
Wife and Husband covenant and agree that they wiD fonhwith (within ten (10) days at most
after demand thereof) execute any and all written instruments, assignments. releases. satisfactions,
deeds, DOles or such other writings IS may be necessary or desirable for the propel' effectuation of
this Agreement.
17. NOWAIVEROFDEFAlJLT
This Agreement shall remain in full force and effect IIllIess and until terminated under and
punuant to the terms oftlis Atsa......e.1l The faiIure of either party to insist upon strict perfOf11lll'lCC
ofany of the provisions of this ~~\kad shall in no way aIrect the ript ofsudt party hereafter to
enforce the same. nor shaI the waMr of any breach of any provision hereofbe construed IS I waiver
of any subsequent default of the same or similar nature, nor sbaIl the waiver of any breadl of any
pro\ision hereofbe construed IS a wah'er of strict perfonnanc:e of any other obIiptions hertin
8
In addition to the basic duty ofsuppon as provided under the Pennsylvania Rules of Civil
Procedure, all reimbursed medical expenses shall be paid by the parents in proponion to their
respective incomes. Based upon the current incomes of the panies, all such expenses shall be paid
58% by Husband and 42% by Wife.
4. II EA LTII INSURANCE
Husband agrees to provide health insurance for the children for so long as it is available to him
at no or minimal cost by his employer. If said insurance becomes unavailable to Husband and Wife
has entitlement to insurance which can be provided to her at no or minimal cost, said insurance will
be furnished by her.
S. AUMONY
A. Amount and Term of Alimony. Husband shall pay to Wife, commencing on the first
day ofJune, 1998 through and including June I, 2004, for her separate suppon and maintenance. the
amount ofS840.00 per month This represents 30"/0 of the difference between Husband's net income
and Wife's net income
B Modification of Alimony . The panies agree that the amount of alimony shall be
subject to modification only as set fonh herein The amount of alimony shall be subject to
modification upon a substantiaI change in circumstance. The parties agree that any modified alimony
amount shall be computed IS 30"/0 of the difference between Husband's net income and Wife's net
IRcome
C Termination of A1imol1Y - Alimony payments shall terminate upon the first to occur:
I. Wife's remarriage or cohabitation with a member of the opposite sex,
2 Wife's death.
} Husband's death,
.. Final pAyment to occur on June I, 2004
D Till Trratmrnl . TheK payll1ents shaI1 be income to Wife under SectIOR 71 of the
Intemal RC\'CllIe Code and deductible 10 lIusband under Section 21 S of the Inttmal Rn'enue Code
The parties hatby I8fft and adnow1nt!le that lIusband has made ahl!lOm' pa\ll1ents to Wife in the
amount of11ne llundrnt Fifty ,SJ50 00\ per month belinmns January L 1\l9t1 unltl June I. 1m,
i.
at which time the payments as set forth in this agreement commenced.
SECTION IV
PROPERTY DISTRIBUTION PROVISIONS
I, PERSONAL ~ROPE~'IT
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of
art and other personal property. Wife agrees that all of the property in the possession of
Husband shall be the sole and separate property of Husband; and Husband agrees that all
of the property in the possession of Wife shall be the sole and separate property of Wife.
The parties do hereby specifically waive, release, renounce and forever, abandon any
claims which either may have with respect to the above items, which sliall thereafter be
the sole and exclusive property of the other.
2. RETIREMENT BENEFITS
Husband agrees to immediately segregate from his American Funds Group
Account No. 58752012 the sum of$49,100; said funds to be placed in either a
guaranteed fixed fund or a mutual fund, at Wife's option. If Wife does not state a
preference upon the signing of this Agreement the funds shall be placed in a fixed fund.
Subsequent thereto, this segregated fund shall then be transferred to Wife through a
Qualified Domestic Relations Order. Husband and Wife agree to execute the necessary
documents to accomplish same.
It is anticipated that this will be a tax-free distribution incident to any instruments
required to transfer this fund to an IRA to be identified by Wife. The parties hereby agree
that any costs incurred with the drafting of the Qualified Domestic Relations Order in this
case shall be bome equally between the parties.
Wife shall receive the following accounts as her sole and separate propcrty:
Warner Lambert Slvings and Stock Plan
Nationwide Insurance Companies and Affiliates Restated Retirement Plan
Putnam Cnvt Income and Growth
Putnam New Value
Putnam Growth and Income
I"'!,
. t'
,
, tJ
~
Husband shall receive the following accounts as his sole and separate property after the
rollover of funds to Wife as provided above:
American Fund
Nationwide Best of American Fund
With the exception of the above transfer, Husband and Wife hereby specifically release and
waive any and all interest, claim or right that he or she may have to any and all retirement benefits
(mcIuding pension or profit sharing benefits) or other similar benefits of the other party. The parties
further acknowledge and agree that they shall execute any documents pursuant to the Retirement
Equity Act or any similar act that may be required from time to time to accomplish the purposes of
this Paragraph.
3. MONEY MARKET FUND
Husband and Wife acknowledge that they are the owners of a Zurich Money Market Fund,
Account No. 06-10271402-9. Husband and Wife agree that said fund shall be distn"buted such that
S5,000.00 be distnlluted in an account designated for their minor child, Jennifer L Carr, with Michael
S. Carr as custodian of the fimd under UGMA, S5,000.00 be distributed in an account designated for
their minor child. Christopher M. Carr, with Julie A Carr as custodian of the fund under UGMA, and
the balance to be distributed to Wife. Husband and Wife agree to execute the necessary documents
to transfer said funds as provided herein.
4. BANK ACCOUNTS
Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that
these accounts shall be the sole and separate property of the person in whose name they are titled and
each party waives any right, title or interest they may have in the other parties' account
So AUTOl\IOBII.F_"
The parties are the owners oharious automobiles including 11995 Nissan Van and a 1911&
Nissan Muima Husband and Wife agree that these automobiles shall be the sole and separate
property of the penon in IAlbose name they are titled and each party waives any right, tit~ or interest
they may have in the other parties' automobile F.lch party shall be responsible for any loans 011 his
or her vehicle distnbuted under this Agrftlllent
14
6. LIFE INSURANCE
The parties are the o\mers of various life insurance policies. The policies shall be the sole and
separate property of the insured and each party waives any right, title or interest they may have in the
other parties' policy.
7. CURRENT LIABILITIES
Wife and Husband represent that they have taken all steps necessary to make sure that no
credit cards or similar accounts exist as of the date of execution of this Agreement which provide for
joint liability. From the date of execution of this Agreement, each party shall use only those credit
cards and accounts for which that party is individually liable.
8. WAIVER OF PAYMENT OF l.EGAL Fns
Each party hereby agrees to be responsible for any legal fees incurred on their behalf.
9. AFTER-ACOUlRED PROPERIT
Each of the panies shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personaI or mixed, tangible or intangible, which are Icquired
by him or her after excartion of this Agreemait, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes, as through he or she were unmarried.
10. TRANSFER OF REAL ESTATE
A Marital R~ - The parties acknowledge that they are the owners, IS tenants by
the entireties, of certain real property known IS 1608 Airport Dn\'e. Mechanicsburg, Cumberland
County. Pennsylvania 17055 (hereinafter referred to IS .Marital Residence.), subject to a mortgage
with Bank of America, FSB The partifl agree IS follo~ \\-ith respect to the Mantal Residence
( I ) SiIooIuneously \\-ith the execution of this Agreement. Husband shall
cxCQlte all documents ~ury. incAIdqJ a deed.. 10 transfer all of his ri&ht. title and
interest in the Mantal Residence 10 Wife subject 10 the Un of AmeriQ, FSB.
mortglge and sba1I ddi\'ft SlId documents to lIusband's (tlunsel Thereafter. Wife
shall be the sole and separate o\\-ner of the Mantal R~'t H\Uband's counsel
shaIJ hold the ab.m.'-mmliontd docllments in CSCTt'\\ and Ik-II\er them to Wife
I',
incident to the refinancing of the marital residence.
(2) Husband agrees that as of the date of execution of this Agreement,
any and all title policies and any other policy of insurance with respect to the Marital
Residence shaI1 be endorsed to reflect Wife as sole owner thereof and further agrees
that Wife shall be entitled to receive any payments now or hereafter due under any
such insurance policies.
(3) Except as otherwise provided herein, commencing on the execution
date of this Agreement, Wife shall be soldy responsible for all costs, expenses and
liabilities associated with or attributable to the Marital Residence regardless of when
the same shall have been incurred including, but not limited to, mortgage, taxes,
insurance premiums and maintenanc<: and Wife shall keep Husband and liis property,
successors, assigns. heirs, executors and administrators indemnified and held harmless
from any liability, costs or expense, including attorney's fees, which may be incurred
in connection ""ith such liabilities and expenses or resulting from Husband's ownership
interest in said property. Wife shall immediatdy, upon transfer of title to the marital
residence by Husband, take all steps necessary to apply to Bank of America, FSB to
have Husband completely and fully released of any and all liability he has on the
mortgage and/or Wife shall apply to refinance the amount owed on the Bank of
America, FSB, mortgage with a loan in her name alone.
(4) Wife shal1 pay to Husband the sum of $20,000 00 upon her successful
refinancing of the Bank of America, FSB, mortgage balance. In the event that Wife
is unable to obtain new financing IS set forth herein, she shall list the property for sale
and shall pay to Husband the sum ofS20.000.00 upon sale of the home The price
and terms of sale shaIJ be the fair market \'aiue as agreed to by Husband and Wife or
IS determined by an independent appraiser if the panies are unable to agree as to
price
/At. I;, hDU.'tvrS li)"/e. IS tlll6.{)e -10 ge-/- [,fllinclllj
,,<c. (Ant! .Jht hEme. is MJf sold LOi-M,n SiX n~f).J/)s
fron -I-ht cltair CA- e fRClt hen c.i .JJl'~ H:vee.ment: wj.f(,
Shi\/I pOLje.U\d<..ss 'IY\tutI.1li\te../4. P ilIJ ,../usl.xt/l{J
../Jlt S~"n o~ ";0, Cf() .GD I .frcm tel\(( fellfr SOu rCl...
1.,
JULIE A. CARR,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
MICHAEL S. CARR,
Defendant
CIVIL ACTION - LAW
NO.96 - 5704 CIVIl.
19
IN I>IVOI.:Cr:
:'.'j ;.'1 I: : LI J:T
1;,\'11:. :
i.e'l j\'I'1 j I' :
/. 0
-4<1 Jeu~i~ ~J2;ll2,l_~r~~ .____
-j~-q1.-.-. . ~~-~. t_fu6_2>. ..w~_1_~.llt-.__~_~_2b_~_'
!L~__.____ . .1{th4fllrJ+JlL111V&{~l_J1itj}.!i~tI2lJ?c;'f]
. - . ltlrMtA Ju ~<~.~ %) r ;Z.~C{j (J.,n
uf'i!\.y;m rt~rR;kll-~ 2~F-1I~-rqa7lf7;t--zrz~(l'/!1'
I . 1'1' fT (
'M~ \" 'y , ::.\ :t'.~" ~\l,'L~kq. . 0-; to~, r
I l' '!.. 7 . i
Ii ~",
. ( I ~.l . ,- 14, r ':, ,'f..-'t-" 'i I ' .
[' , \~ t
'I'./'/i
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle. PA 17013
(717)240-6535
L Robe,. Elicker, II
DIvo~ Master
TrKI .10 Colyer
0Il1ce ManageriReporter
We.t Shore
697-0371 Ext. 6535
Kathleen Carey Daley
Attorney at Law
1029 Scenery Drive
Harrisburg, PA 17109
september 15, 1997
Maria P. Cognetti
Attorney at Law
P.O. Box 689
Harrisburg, PA 1710B-06B9
RE: Julie A. Carr vs. Michael S. Carr
No. 96 - 5704 Civil
In Divorce
Dear Ms. Daley and Ms. Cognetti:
By order of Court of President Judge Harold E. Sheely
dated September 11, 1997, the full-time Master has been
appointed in the above referenced divorce proceedings.
The motion for appointment of Master indicates that Ms.
Cognetti is representing the Defendant; however, no appearance
has been entered by Ms. Cognetti in the action.
Mr. Kissinger previously represented the Plaintiff and
apparently now attorney Daley is proceeding on her behalf.
Inasmuch as there is no attorney of record for the
Defendant, I am sending a copy of this correspondence to Mr.
Carr directly.
A divorce complaint was filed on October 16, 1996,
raiaing grounds tor divorce ot irretrievable breakdown ot the
marriage and the economic claims ot equitable distribution,
alimony, alimony pendente lite, and counsel tees and expenses.
I am going to proceed on the basis that grounds tor
divorce are not an i..ue and that both parties will con..nt and
tile affidavita prior to the hearing. Ba.ed on that a..uaption,
I a. directing each coun.el (it Mr. Carr i. unrepre.ented, I
direct Mr. Carr on hi. own behalt) to tile a pre-trial .tate.ent
in accordance with P.R.C.P. 1920.11(b) on or betore Monday,
Ms. Daley and Ms. Cognetti, Attorneys at Law
15 September 1997
Page 2
October 13, 1997. Upon receipt of the pre-trial statements I
will immediately schedule a pre-hearing conference with counsel
or with wife's counsel and Mr. Carr if he is unrepresented, 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
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: Michael S. Carr, Defendant
t
I
1
,
,
JULIE A. CARR, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. . NO. 96 - 5704 CIVIL
.
.
.
MICHAEL S. CARR,
Defendant . IN DIVORCE
.
RE: Pre-Hearing Conference Memorandum
DATE: Friday, March 6, 1998
Present for the Plaintiff, Julie A. Carr, is
attorney Kathleen Carey Daley, and present for the Defendant,
Michael S. carr, is attorney Maria P. Cognetti.
A divorce complaint was filed on October 16, 1996,
raising grounds for divorce of irretrievable breakdown of the
marriage. Counsel have advised that the parties will sign and
file affidavits of consent so that the divorce can be concluded
under section 3301(c) of the Domestic Relations Code.
The complaint also raised the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses. Counsel have indicated that they do
not intend to present any testimony with respect to the factor
of marital misconduct as that factor mayor may not affect
wife's alimony claim.
The parties were married on February 15, 1980, and
separated February 1, 1996. They are the natural parents of two
children, Christopher, age 12, and Jennifer, age 16.
Wife is 40 years of age and resides at 1608 Airport
Drive, Mechanicsburg, Pennsylvania, where she lives with the son
Christopher. She is a college graduate and works as a medical
claims adjuster for Nationwide Insurance Company. Her net
biweekly income is $731.80. Although she does not have any
specific health issues, her counsel did indicate that she has
suffered problems of depression with respect to the ongoing
marital diffiCUlties. Wife does have medical insurance coverage
through her employment. She is currently receiving $826.00 per
aonth froa her husband directly. The amount of money which she
is receiving is not allocated between spousal and child support.
Husband i. 42 years of age and re.ide. at 4158
Mountain View Road, Mechanic.burg, Pennsylvania, in an
apartment. The apartment number i. 102, He lives with the
daughter Jennifer. Husband ha. a Bachelors degree and is a
manager of the warehouse at Cumberland County Distribution
Services. His net biweekly income is $1,693.83. Counsel have
indicated that in 1996 he had a bonus of $10,000.00. Husband
has not raised any health issues. He has medical insurance
coverage through his employment.
The parties own real estate at 1608 Airport Drive,
Mechanicsburg, Pennsylvania, which was appraised on August 22,
1997, at $154,500.00. The house is subject to a mortgage with a
payoff of around $88,000.00. The mortgage payment, which
includes taxes and insurance, is $1,233.00 per month. Counsel
have indicated that there has been some problems with the septic
system on the property and although the appraiser does not
specifically relate the problems with the septic system with the
value, he has indicated on the appraisal report that there has
been some ongoing issue with regard to the operation of the
system. Counsel for both parties are concerned about how the
issue with the septic system may affect the value of the
property in the future even though at present the septic system
seems to be working satisfactorily. consequently, counsel,
after discussion, have agreed to list the property for sale and
will list the house as soon as possible with a realtor in the
Mechanicsburg area. Obviously, when the house is listed and
shown to any prospective buyers, the information regarding the
septic system will have to be disclosed.
The parties own two vehicles, a 1988 Nissan Maxima
and a 1995 Nissan van. Wife has possession of the Maxima which
the parties stipulate has a value of $4,650.00. Husband has
possession of the van which the parties stipulate has a value of
$6,600.00.
With respect to the household tangible personal
property, counsel are going to provide each other a list of
property which can be provided to an appraiser. After the
appraisal has been done, counsel will share the information on
the appraisal and hopefully will be able to stipulate to the
value of the tangible personal property in each party's
po.....ion.
Wife has listed a Nationwide retirement plan on the
pr.-trial stat.ment and attorney Cognetti has indicated, after a
r.vi.w of the plan, u.ing her own computer program, that the
plan probably has a value of Ie.. than $1,500.00. She is going
to do anoth.r valuation u.ing h.r computer program and ... if
.h. can perhaps arrive at a value to which the parti.s can
.tipulat.. N.ither party believ.. that it is worth the cost to
have an .xpert do the valuation.
WINtZ WLl
6190"101" .."""_ 'IlnqlJU"H
689- '001
!II;o.iloJ CI .!..W
,. -.uo .-..
,
:l ....
a ~
..
e S .... .... .... .... '" '" ~ ~ ~ ~
S ... ~ 't 't .. .. 't
a .. Q Q <:; M .... ....
~ ... ... ... ... C:! C:! C:! C:! C:!
;0 ;0 ;0 ;0 ... ... ... ... ... ...,
'2 ... ... ... ... ... ... ... ... ... ...
.. .. .. .. .. .. .. .. .. ..
~ .. .. .. .. .. .. .. .. .. ..
< < < < < < < < < <
a 8
3 ~
00
..
..
8 8 8 8 8 8 .. c c '" .... - 8 a a 8 8 a c
c:> ~ ~ on "': '" it
g c::i ~ ~ c::i g .... .. .... '" 0' .,.; ..., ... ~ g ~ ..
on '" ~ c c .. - .... - 8 N Jl
.. on '" N "'l ... ... '" ~ ": ... on .. ..
.. .; ;t ~ .; .. .,: c c ..; ,.: N 00 00 .,: .,: c
;; on .. .. ::l ::l .. - ~ .... .. ::l
, ... .. .. .. .. .. ..
..
~ ~ ~ ~
.. ~ ~ ~ ~
..
:!l "" "" 1 1
.. Iii 1i
::
! "" "" "" I i 1 1 "" 1 I I
Iii ~ i ~
j:: -fil ~ ~ ~ ~ ~ ~ ~ ~ -5!
.; ~ .; ~ .. ~ ~ i i i i .. .; .. .. ..
~ :: ~ = ~ ~ = =
~ - - - - - -
... .
l!l .. ..
8 g .
t' ~ "" j
"" S .5 Ii
I .~ Ii ...
.. 1 1 ~ }
.. .. co .. 'i :
::. Ii I .. '0 Cl.
... .. f t J "
.. E , :> liI I &
.. Ii ]
..< j " "- e ::r 1 i
a "I>. j " I>.
.2 cSt" Ii v j !: Ii < ... ~
! ::> to tl .. : " z ... v
l~ .... ~ i ~ .- e< ; i i ~ e < J ...
A ! ~ Ii ~ ~ 5":' !! ~~ u ii 1 1 :!l
.. .. ::> ::> .. .. .e~ e ::> e i
<J i i ... t .. s < < ill U
'" ~. I e El .s ~ ~! << '< . . . . .
.. .. .;j
~~ : ~ ~ 111 <- < < < ~ < <
~ ~ Z IC- !!u ~ ~ ~ IC ~
- - ...l _u - -
JJ. = - .. ..., .. ~. ... .... oo ..
- .. ~. .. on .., .... oo .. - - - - -
~ ~ ~
5 ;; :',~ t=
UJ-'" ,J c'
O[~~L ~ ;,.)2
~_' ~ fJ?i
~('~
:: ~ :';'1}
JU" .2
rt~ ~ '!~
1&.< ~
05
~~~ I ~
cn~
;r;~:
~ll.""..3 I altJ!;1
I&.~S5
... .. Ilnl
... ".
Ole! ...
-.. au
~8;r;~ llIlc
3~1 a:s ! a)
...
, ui!
. ll. ..
< I
ei..38 I>l I
~ . ~
;r; ....i
.... u
tq
'-
.
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JULIE A. CARR, )
Plaintiff )
)
v, ) NO. 96 -- 5704 CIVIL
)
)
MICHAEL S, CARR, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
Date:
J/;//r')
I ,.
Julie A. Carr
1608 Airport Drive
Mechanicsburg, PA 17055
717-732-7984
- ~ ~-'
'_ _' 2f,/ --- -.
,. ~......:J ._" /' '
Donald T. K ss nqer,
HOWETT, KISSINGER , HI
P.O. Box 810, 1]0 Walnut
Harrisburg, PA 17108
(717) 2]4-2616
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the appearance of Donald T. Kissinqer,
Esquire and the law firm of HOWETT, KISSINGER & MILES, P.C., on
behalf of Julie A. carr, Plaintiff in the above-captioned action
for divorce, and all future correspondence and pleadinqs are to
be directed to Julie A. Carr at her present address and telephone
number:
I, Julie A, Carr, concur in the withdrawal of Donald T.
Kissinger, Esq. and the fi~ of Howett, Kissinger , Mile., P.C.
frea any further repre.entation of .. in the above-captioned
utten,
Date: .:/'!-;7
{- $.-..... ._.f !~." '""
Julie A. carr, Plaintiff
" ).~
\
JULIE A. CARR,
: ~ THE COURT OF COM,\10N PLEAS
: CUMBERLAND COUNTY. PEl'o'NSYL V A.~IA
: CIVIL ACTION - LAW
Plaintiff
v.
: NO. 96-5704 CIVIL
MICHAEL S. CARR,
Defendant
: IN DIVORCE
INVENTORY
UNDER RULE 1920.33
PIaintift' files the following inventory of all property owned or possessed by either party at the
time this action was commenced and all propeny transferred within the preceding three years.
Plaintiff verities that the statements made in this inventory are true and correct. Plaintiff
understands that false stltements herein are made subject to the penalties of 18 Pa.C.S.A. f4904
relating to unswom falsification to authorities.
Date: /l. y.....; o.rl. ,<;9'
,,--'
1 '.'
By: .J;.~ t.. 6 a,1.J
JULIE A. CARR, plaintift'
ASSETS OF PARTIES
PLAINTIFF MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE
CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES.
(X) I. Real Property
(X) 2. Motor Vehicles
(X) 3. Stocks, bonds, securities and options
( ) 4. Certificates of Deposit
( ) s. Checking accounts, cash
(X) 6. Savings accounts, money marlcet and savings certificates
( ) 7. Contents of safe deposit box( s)
( ) 8. Trusts
(X) 9. life insurance policies (indicate face value, cash sumnder va1ue and current
beneficiaries)
(X) 10. Annuities
( ) 11. Gifts
() 12. Inheritances
( ) 13, Pat copyriahls. . . royalties
ents, IIMnIKIlII,
( ) 14. PenonaI propert'i outside the bome
( ) 15. O....iIlfSMI (list all 0'MCrI, ~ percentqe of ownerWp, and ofIkerIdirectOl'
potitions beId by a piny with ~)
( ) 16 E.alpk.,lt1t4 tCll~ \1-<<1~ -1MIIIlCe pay. worbn ()l~ c1aiaVawanl
(X) 17. Profit sharing plans
( ) 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. MilitaryN.A. benefits
( ) 23. Education benefits
( ) 24. Debts due, incll.di"8loans, mort8l8es held
(X) 25. HoI.~ Ibrni,hings and penonalty (mcIo~ U I total category and attach it.....;-t
list if distribution of such assets is in dispute)
.0 26. Other
IH ~ H I ~ ~ ~ ~ ~ ~ ~ ~ ~
· i l Jl ~ 0 ~ ~ ~ ~ ~ ~
...
8 1 g 8 8 8 a a a 8 a s
'5 H '5 '5 '5 '5 '5 '5 '5 '5 '5
.:! ~ ~ .:! .:! .:! .:! .:! .:! .:! .:! .:!
II e
~ ~.
I
88888!
I~ ~~~~~
>~ .-C:! 0-
M .............
~ ~ 5 8 8 8 8 8 e
~ ~ ~ ~ ~ ~ . ~ i
~ ~ ~ ~ ~ ~ ~ . ~
~ = _ ~ ~ ~ ~ ~ w~
M WI M ... M ... WI WI tilt
~
.. i 1
J~ )
!I
ik
1
!I 1 1 ~ !I
ik I I ik ik
~ f ~ f ~ )))) J J
j
· A I, f f f ~ti II fl ) ~ l J i J
JI J J t t ij J J ~lJ ~YJ~ ~~ ~ ~ ~ ~ ~ ~
II , ! j j ~1 ~ ; ; ;!;; ~ ~ ~ ~
J~ ~ ~ ~ ~ ~ ~ ~.. ~ = ~ ~ ~ ~ ~ ~
4. A list of all exhibits which the Plaintiff intends to offer into evidence:
A. The Inventory of Plaintiff, Wife.
B. The Income and Expense Statement of Plaintiff, Wife.
C. Any additional exhibits will be forwarded to Defendant prior to trial.
S. The gross income of the Plaintiff from all sources including payroll deductions, recent
state and federal income tax returns and pay stubs:
Income and Expense Statement includes this information.
6. A listing of the expenses of the Plaintiff:
Income and Expense SlIlement includes this information.
7. The valuation of pension or retirement benefits and a ca.l.."lat;on of the marital ponicn
thereof and the facts and documentation upon which the party relies to suppon the valuation:
The vaIue of pensions and/or retirement benefits will be stipulated to by the
parties.
8. Claim for counsel fees:
The Plaintiff claims $2.500.00 in counsel fees.
9. TlIlsible personal propcr1y values:
See Inventory.
10. Ustins of marital debts:
The only marital debt at issue is the IIlOItpp Oft the marital home,
11. The Defendant makes the following proposed resolution of the economic issues:
A. Wife retains marital home which she refinances in her name alone.
B. Wife retains the assets in her possession including her vehicle (1988
Nissan Maxima), household goods and furnishings, Warner Lamben Savings and
Stock Plan, IRA - Putnam CNVT Income Growth C I-A, IRA - Putnam Growth and
Income - CIA Rollover, and the IRA - Putnam New Value Fund - CIA Rollover.
C. Husband retains the assets in his possession including his vehicle (1995
Nissan Van), household goods and furnishings, IRA - American Mutual, IRA -
AMCAP, IRA - Small CAP World, IRA - New Perspective, IRA - Growth Fund of
America and the IRA - Cash Management.
D. Husband transfers S20,OOO.00 to an IRA in Wife's name from his
reti. Cuog,t fund.
E. Husband pays to Wife SSoo.oo per month in alimony through July,
2004.
F. Husband pays Wife's lepI fees in the amount ofS2,SOO.OO.
Respectfully submitted:
~.& r:~
,c.t' Carey Da1ey .
Anomey No 30071 '. /
DALEY LAW OmCES
1029 Scenery Drive
HanisburJ, PA 17109
(117) 657....79S
A1tomey fur Defendant
'[~.;._~ :;'
.'. .'. " .' . <.'~i~';}"~:;~~~5~:"~~~~"
, 68901ULI ~':
, 619 lios '0 ." ' ,
!IIHS~ CI .!"'W
,. IOIlIIlO .wJ
... .:~ ,. ',.' :-'7::.:'/ c.. ,,"'r."-'~'
~~~Ji~t.,':' r~__'
~--.;,<~~'
"~::j::{~. :- .'.. .
.,..'0/..;, .
Sf~- ~;,~~?~L.~.-~~;_~ ',~"~
.,~- -, ',\ ^, , .
- ~~., ,~:;,~- \',:,: : >" -" >
q ~ ::.
~::;; "0 ,- 1:':
;,',
, '. /:;:::
:,:"..,~ .;;..':.- ". ,,'.' . .
,..~: 1" L,'<:'<,,;:>,:~;\~~.,:... ..;
~;>:;..~., ,/.-.:; ;c, ;
:'>;~:;j;};': '::
"ltft~.. '.~
,". ..+.:.<.,';;:;
,.."..........'.;.,.,''7..: .......; '.c-,'-;.- ..;.C
"';<{~;"::'. ';.',
>::
:.:.(:
.'. .>
:'. :.;.
.. :.~..::.;:.~\{; ~
-:.,,:'\','<'.. <;.';:
.,. :'.'~: 't"ty . '::.,'. .:. , .. 'c.
... '. '..' . ;'. ......:....:.'::.....:.::...,.:..;, ':"';:".'
';;',' ." . ,'.::.' .:. ,'. .:;;.",c
;. .::: 'C. ;(., . ,:,::; c: ,'::.f"" ..,' ":.':' '. . "'.'
'::.'..:;"":, ,',J '. '........ c.... '. ..: .,::.;. u '. . .'" ....';:'.:.,.".. '.',,';.
',:/."...;, I'; >~ '. .... -:,' .'; ",;-:..,,,. . ,.
, r~::':L: ".', I', .. ." .. .. . ",)';;.
. '.';~.." I . , ;<. .... .
~~ ,'. '.: .. .
. ,'; '<< . ", ...'..... .'~ '.;'.' .;:::,',,'
',' , .', ". ':::~'-' .'::,'
..<. ; ',', .: . ";c~;.' c . . . .. . :.... . ...:.'
. .... ..... ," . -.... ..
.' ..:....: '..<:~'~;' ."." ",i;'" ."....'
. ..:c ',' ...i'.. ......... . .'. c'., ,,'c
'.... ... . . . . .. .... ......'...:
.~'>;'.. ...;. - . < I.. ' '-i.. "';'J' ..: ..
:..;...:..:..~.::: .. , . '.' ..: .....,.. ...<2.i,..;.....;..:);.:~..>.;~~: ". \:
."~ .,.;. .', i . ......:. -" .~> ;:..i:~::::~>.......~
:; '; ..... i .. . '. ." .' · >C..~;::'...r.;:..;:' ;'::'~:2
. ......- ............. . ..... ......;~.<:... >..~0
.... .' ..".....' . .. ". ;., ~ ,,, . ':. .',
J; · .....>;C '. .':; :?:.: '.' .... '-.;0" ",.
':.... ........ ...>. .... . .... . . .:.~.......;..'!p~
:,:" . ;' '.', c . . ." ;..:;. . ,;';-'. ..'
...\:';. . .' .... . :~":\ .co:
'/';~~\''':;.'' ....'. ". ").''';\}>'':? ;
. ....;c...:" >:-'.' . . ," ...." . ....:'.......: ;....:....,....".;...::;
. ';;'>~>i .<;.~n'~~
:~~L': - -- - - ~~;:,:'. . ..
'",> ..... '. ',:<~
;:r,~" ..... n > ",>" ..
..- r ," ,
.."_"0.'--_,'
~J_<"Tf;_....~,:-,,,.
,-It/if';.-
,','-
';j'-
',"
~-
.".
:',:
....
,'" .
'c ,<';.~;
F \WINOOWs\WPWIN6W'Lr:,ADrNCi.(' AkR rTS
11)'14'91
b. Plaintiff as on cross, to testifY about all matters relating to the assets
of the parties. the break-up of the marriage, and the factors listed in
the Divorce Code.
Defendant reserves the right to call such additional fact witnesses as may be
necessary to respond to evidence submitted by Plaintiff.
IV. EXHIBITS: The exhibits to be produced by Defendant will consist of
copies of state men Is showing values of the parties' home,lRAs, pensions and retirement
benefits, and automobiles. Defendant reserves the right to offer into testimony such
additional exhibits as may be necessary to respond to evidence offered by Plaintiff.
V. INCOME: Defendant is presently employed by Cumberland Valley
Distribution Services. as a general manager. His net biweekly income is approximately
$1,693.83.
VI. EXPENSES: See Defendant's Income and Expense statement.
VII, PENSIONS: See Defendant's Inventory and Appraisement.
VIII, COUNSEL FEES: To date, Defendant has expended approximately
$3,076.75 in counsel fees and expenses. Defendant anticipates spending an additional
$5.000.00 in counscllees until the litigation in this matter has been concluded.
IX. MARITAL DEBTS: See Defendant's Inventory and Appraisement.
f \WINDOW!\WPWINfOJII.EADIN(,c(' .\MK PTS
X. PERSONAL PROPERTY: Defendant will have the property appraised.
XI, PROPOSED RESOLUTION: Defendant would retain his retirement
benefits. Plaintiff should retain her retirement benefits, the house and the parties' Deleo
Credit Union account. The parties' Kemper account would be divided equally between
the parties and Defendant would pay Plaintiff the sum of$IO,ooO.OO via a transfer from
his 401(k) plan. Delendant would propose no award of alimony or counsel fees.
Respectfully Submitted,
Dated: October 14. 1997
10i14l9.'
tlIINtt (LW
. .-...<.w... 'lJnq.1U"H
IOILI ...-.
- 619'101I0\1
o .~ ....W
'"".POJ a .
. JO n.1WO ..,
.
JULIE A. CARR,
PlaintilT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-S704 CIVIL
MICHAEL S. CARR,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
INCOME AND EXPENSE STATEMEN'{
MICHAEL S. CARR
The following is the Income and Expense Statement filed by Defendant, Michael
S. Carr, in the above-captioned divorce.
Dated: October 14, 1997
At I
/1 .1lit.t1
Maria P. ognetti
Sup. Ct.I.D. #27914
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg. P A 17108-0689
(717) 232-2103
.-/t-
WEBKLY
KONTHLY
YEARLY
HOMBI
Rent
Maintenance
Repairs
UTILITIBSI
Electric
Gas
oil
Telephone
Trash
Sewer
seOD.OO
Sl25.00
S75.00
S75.00
S40.00
SlO.OO
BMPLOYMBN'l' I
Public Transportation
Lunch
TAXES I
Real Estate
Personal Property
Income
IHStJRAHCB I
Renters
Automobile
Life
Accident
Health
Long-Term Oisab.
AUTOMOBILlI
seo.oo
S20.00
S9.00
!;83.00
sn.oo
CO. FILE DEPT. ClOCK VellR NO.
lW 100016 151102 0000390002 1
Earnings Statement
/;iZiJ
.
09/20/1997
09/26/1997
CUMBERLAND VALLEY DISTRIBUTION SERVICES CO.,INCPe"od EndIng:
PAYROLL ACCOUNT Pay Date:
P.O. BOX942
MECHANICS BURG, PENNSYL VANIA' 7055
SoclaI Securlly Number: 202-42.2653
Taxable Mar~al Status: Maroed
Exempbons/Anowance.:
Fedaral 0
Stata:
Local. 0
Eamlnlls
Regular
,.ta houra
2436.37
Gross Pay
thla period
2,436.37
$2,4:16.37
Deductions
Ststutory
Federal Income Tax
Social Security Tax
Medicare Tax
PA Slale Income Tax
Hampden T Income Tax
Other
Credit Union
Pretax Health
401K
Miscellaneous
Occup. Pnv. Tx
Net Pay
10.00
-398.58
-148.33
.34.69
-68.22
-24.36
.1.693.83
-44.00.
-24.36.
. Exclu<led from facMrsl taxabl. _g..
MICHAEL S. CARR
4185 MT VIEW RD #102
MECHANICSBURG PA 17055
yu, to d.t.
48.503.23
48,503.23
7.708.66
2,958.22
691.64
1.358.10
484.96
790.00
484.96
949.58
10.00
Your federal taJCable wages this penod are
$2,368.01
.....'4",., ...
,;"v ,~~ '" ~. . " +:t!f:~1~r~f~'!'~<~~. "
J';,:~i ;)~1'~t!. '11\ ~, ~~~t~~\~~'t{~~,~~,~~."., ~ :> J. 't~~lfJ~:
,~~ r-., _ ...~ "'-.. ~~'~ ~ ..', ~'" ,,-1 .
I ,'\ ~ t - ' . ~ ...~.. ~,f .
. , _ ' QgjHfIm -
o.-l1od to 1M ICtOUl\t of
t.IICHAEl S. CARR ",clC
~. ~.c"", :<~ "t
e.. .' ~~ ~
\~
~y\\S
trsnslt ABA
2313 8099
.mount
S'.59} 83
NON-NEGOTIABLE
Eamin!!s
Regular
Deductions
co. I'lL!. ocr! ClOCK VellA, NO.
TW 100016 151102 0000370002 1
Earnings Statement
~
.
CUMBERLAND VALLEY DISTRIBUTION SERVICES Co../NCPenod EndIng.
PAYROLL ACCOUNT Pay Dale:
P.O. BOX 942
MECHAN/CSBURG. PENNSYL VAN/A! 7055
SooaI Securlly Number. 202-42.2653
TllJUlble Mar~al SIaIUS, Marroed
Exempbona/AJowanc...
Fod.ral 0
Slate.
Local, 0
rat. houra
2436.37
0f0U Psy
Slatutory
Federal Income Tax
Social Secunly Tax
MedICare Tax
PA Slate Income Tax
Hampden T Income Tax
0tIMr
Credll Unoon
Pretax Health
401K
MosceIIaneous
Qccup. Pm. T.
Net PlY
thia period
2.436.37
$2,436.37
-398.58
-148.32
-34.69
-68.22
.24.36
.1.693.84
-44.00.
.24. )6.
10.00
09/06/1997
09/12/1997
MICHAEL S. CARR
4185 MT VIEW RO '102
MECHANICSBURG PA 17055
Y..' to dlte
46.066.86
46.066.86
7.310.08
2.809.89
657.15
1.289.88
460.60
746.00
460 . 60
949.56
10.00
. Excluded from fedenll taxable _gea
Your federal taxable wages this penod are
$2.368.01
DeDoeited to the account of
MICHAEL S. CAlIA
#,,1>
!.'~
~"'I.t.. \: ~
.,l..... ~-
~t\\~
PENNSYLVANIA 11055
<;0.
""'''
t ""iJ,~
\ .'
If ""...~. ".
li"-c.<
~.
,I_-",*,-
,1:--
amounl
$1.693 84
trena" ABA
2113 8099
NON-NEGOTIABLE
co. riLE DEPT. CLOCK VClIIl NO.
TW 100016 151102 ??oo510001 2
Earnings Statement
~
e
CUMBERLAND VALLEY DISTRIBUTION SERVICES CO., INCPenod EndIng.
PAYROLL ACCOUNT Pay Dale:
P.O. BOX942
MECHANICSBURG. PENNSYLVANIA 17055
12/14196
12120196
SoClaI Sec1lrlly Number. 202-42.2653
Taxable Marllal Stalus: Marroed
ExemptlOns/Anowances;
Fod.ral: 10
Stal..
Local, 10
MICHAEL S. CARR
4185 MT VIEW RD 1102
MECHANICSBURG PA 17055
Eemlnae rlt. hoUfa Ihla partocl yea, to dat. Oth.r B.n.file end
Regular 2372.32 2.372.32 61.357.22 Informellon Ihla partocl total to da..
Bonus 12.300.00 Group T enn lJIe 138.00
Groat PeY $2,372.32 73.657.22 Imporltnt Notes
WISHING YOU HAPPY HOLIDAYS
Deductlons Itetutory
Federal Incnme Tax -162.40 10.733.40
Medicare Tax -33.84 1.055.70
PA Slate Income Tax -66.42 2.062.32
Hampden T Income Tax -23.72 736.52
PA SUIISDI Tax -0.71 22.10
Socoal Security Tax 3.887.40
Other
Cred.' Union -2.023.51
Pretax Heallh -38.00' 9BB.00
40IK -23.72' 4.533.48
Occup. Pnv. Tx 10.00
Net PlIY IO.CIO
. Exctudtd 'rom 'eeN,el teDbIe WlIlI"
Your federal taxable wages this penod are
12.31060
.'. ~ ,
. ..- ,-, ~:'...
~ ~ ::~t1$"~._~,~?1"~f7~~+-~:~~('t "}?~:~-;t.~_. '", _~_l: '<"~ (: "r-~ .~. \7'~"" ~.n-~~ \'~ -t1 r~~r~~:,;;:~: ~:.. ".,
", ::;. :!',. ~ -~;c it.l -~H.';:.H '~"f ~b ~'qf,l, . -, "{....- f) - - !'}~r'.u . - 'J" . . - '-' . ,- 1 - .:, ',"" f' G \_~: ..... < 'ih" 1'~' - .
'.;.: ,_~~~::1' "~_":. ~ll>~'> ;,,~~I~~-1:7'f~"~~,r""'" :~-~1~f ,\~:-~::.;2.:.;~.~(:.
. PAVROU. ACCOUNT " " " "'Pay dale: ..1 12l20196
P.O. BOX 942 ~. ,"""
MECHANICS8URG. PENNSYLVANIA 17055 ,\-\ f\",J'
0t0MIttd to tilt account 01 f'" C '\ account rI\Iftlbef lfaneit A8I<
~LS.CAM ,,",, (_{\ ~.."". 742(20 nil llO\l9
~.\ '. '"
_~ ".~5it!tcr
\'1"""" l '
\,...,,if
.~t~
$202J S1 l
"':'.'1.~"',\'i< .-
c
~ 'r\ ,':)
NON-NEGOTIABLE
III;;;;;
.....
CO. F1~ DEPT. ClOCK VCHR, NO.
TYll 100016 161102 000009000 1 1
Earnings Statemen~
~
.
CUMBERLAND VALLEY DISTRIBUTION SERVICES CO., INCPeriod Ending:
PAYROLL ACCOUNT Pay Dale:
P.O. BOX942
MECHANICS BURG. PENNSYL VANIA' 7055
CUMBERLAND VALLEY DISTRIBUTION SERVICES CO.. AIKace number:
PAYROll. ACCOUNT Pay dallt: ~
P.O. BOX 942 ~ ~C
MECHANlCSBURG. PENNSYLVANIA 17055 _ ~ 1:,.. '.
o.-tltd to IIIe account of . ~ C ICCOUftt ~ t_1I AlIA
................ ~ 0"'\.... ""'" "" ...
: '{\\,S 'CO
l'"--.._._._.___.______~.._..h.._.' ______..______._..... ,_.______ ,._._. ___ _..~.. .... ".,..__~_..______~______.__._._..
Soc1aI Socur~y Number. 202-<12.2653
T axablo Marxal Slalul, Marrood
e...mpbonl/AIiowllncn:
Fodoral 0-
Slalo:
Local, 0
EarnlnllS
Regular
rato houra
2372.32
Gra.. Pay
thla period
2.307.70
12,307.70
Deductions Statutory
Federal Income Tax
Sc::z:! See-"'-!!'l Tax
Medlcsre Tax
PA Stale Income Tax
Hempden T Income Tax
PA SUI/SOI Tax
Olher
Credil Union
Occup. Pnv. Tx
Pretax Health
401K
Net Pay
.325.50
.1~O."=
-32.91
.64.62
-23.08
-0.69
-1.487.56
-10.00
-38.00"
-184.62"
10.00
. Excluded lrom ledera' taxable wagea
Your IederaI taxable wages lhIs penod are
12.085.08
02124196
03101196
MICHAEL S. CARR
1608 AIRPORT DR
MECHANICSB!JRG PA 17055
year to elatl
11.538.50
11.538.50
1.627.50
7C~.6~
164.55
323.10
115.40
3.46
10.00
190.00
923.10
.....''''....
llClllOClOQQOu 1
03,1:)1/96
amount I
SI.481 56 .
NON-NEGOTIABLE
j
I
I
J
mnm
ieo. ',F1l.E:" DEPT. ClOCK \ICl-IR. NO. ..,. ,
rlW' 100016 151102 0??oo70001,
Earnings StatemenJ
J4ZjJ
.
CUMBERLAND V ALLEY DISTRIBUTION SERVICES CO.. INCPeriod Ending:
PAYROLL ACCOUNT Pay Dale:
. P.O. BOX 942
MECHANICS BURG. PENNSYL VAN/A t 7055
Social s.currty Number: 202-42.2653
Taxable Mantel Slatus: Marroed
ExemplJonl/ADowances;
. Federat 0
Slale;
local; 0
Elrnlngs
Regular
,.t. houra
2307.70
GrOU Pay,
this perlocl
2,307.70
$2,307~7D "
Deductions
Statutory
Federal Income Tax
Social Securily Tax
Medicare 18Jt
PA Slate Income Tax
Hampden T Income Tax
PA SUIISDI Tax
-325.50
-140.73
-32.91
-64.62
-23.08
-0.59
Volunlerv
Credit Union
Pretax Health
401K
Net Pay
-1.497.55
-38.00"
-184.62"
SO.OO
" Excluded trom lederal tlxable W81Je.
02/10/96
02/15/96
MICHAEL S. CARR
1608 AIRPORT DR
MECHANICSBURG PA 17055
veer 10 det.
9.230.80
9.230.80
1.302.00
562.89
'3t .54
258.48
9l.32
2.77
152.00
138.48
Your federal taxable wages this period are
$2.085.08
.'''''' .,
DALEY LAW OFFICES
1029 SCENERY DRIVE -HARRISBURG,fA 17109 - (717'617.479" fAX 17171617.49'16
October 14, 1997
E. Robert Elicker, U, Esquire
Divorce Master
OFFICE OF DIVORCE MASTER
9 North Hanover Street
Carlisle, P A 170 I3
Re: Carr v. Carr
No. 96-5704 Civil
Dear Mr. Elicker:
Endosed please find the Pre-tria1 Statement I have prepared on behalf of my dient, Julio A.
Carr, the plaintiff in the ~ divorce action. A copy of IIid document has been
forwarded to Maria P. Cognetti, Esquire, the attorney for the Defendant.
It is my undentandina that upon receipt of the Pre-tria1 Statements, your oftlce will proceed
in schedu1ing a pre-trial eonferenec.
Thank you for your attention to this matler.
KCD:pap
EndoIln
cc: Maria P. Copetti, Esquire
Julie A Carr
DALEY LAW OFFICES
1019 SCENERY DRIVE' HhRRISBURG. Ph 1710') '(717)6)7.479) . FhX(7)6S7.49'J6
June 22, 1998
E. Robert Elicker, II, Esquire
Divorce Master
OFFICE OF DIVORCE MASTER
9 North Hanover Street
Carlisle, PA 17013
Rc: Carr v. Carr
No. 96-5704 Civil
Dear Mr. Elicker:
I am in receipt ofMariaCognetti's letter to you dated June 16, 1998, regarding I continuance
of the Master's hearing to be held on July 14, 1998. This letter is to advise you and Attorney
Cognetti of my objection to a continuance in this matter. My client has recently provided me with
the information requested by Attorney Cognetti and I have forwarded this information to her the end
of last week. I believe this to be a fairly simple case and that I continuance is not necessary.
One concern ofmine regarding Attorney Cognetti's request is that my client would like to
keep the marital home. It has a fifteen-year mortgage which she is struggling with the substantial
monthly payments and cannot proceed with refirwring until the divorce has been settled. Therefore,
I believe my client would be p1aced under a hardship if this hearing were to be continued.
Thank you for your attention to this matter.
KCD:pap
cc: Maria P. Copetti. Esquire
.Julie A. Carr
-3w <<Jr.- 0/
Maria P. Cog'netti
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
Fox (717) 232-5775
I'n<ti<c Umiled \0 Family ond M.lrimuniall....
MARIA P. COONEm '
'F.U.... ~ A<adcmy
or MaIri:noaial Lawycn
K~"~!1.~~IFF
June 16, 1998
SENT VIA FAX AND FIRST ClASS MAll.
E. Robert Elicker, II, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle. P A 17013
RE: CARR v. CARR
Dear Mr. Elicker;
Your records should reflect that on or lbout March 6, 1998 you conducted a
Pre-Trial Conference with regard to the above-referenced matter. At that time we laid out
certain items for which information needed to be exchanged. Furthermore. at that point in
time we set this matter for a Master's Hearing to be held on Tuesday, July 14, 1998.
Although I understand that this is almost a month away I am troubled by the fact that
counsel has not been Ible to exchange the required information. Especially in light of the
fact that both Attorney Daley and myselfwill be in Bermuda the week prior to this
hearing it is my feeling that there is absolutely no wlY that this matter will be ready to be
tried on that date. I say this especially in light of the fact that I am absolutely unable to
predict when I mlY receive the requtred mformation.
I have expressed my concerns to Attorney Olley. By copy of this letter to her I
would ask that she contact either or both of us with regard to her position IS to a
continuance. In any event. I will look forward to hearing from you with regard to the
feasibility of this idea.
Very truly yours.
;t . IX' ..4' '
. {ztllvt~'\ktLt-
ManaPt~
MPCtjmb
cc MlchKl ('1fT
Kathleen C l>alt)., [sqUlfC
, ...~...'t......~~~...,,,...< ....( '1I
OTHER INCOME:
MONTHLY
Interest S
(C.D. " Moo. Bonds)
Dividends S
Pension S
Annuity S
Social Security S
Rents S
Royalties S
Expense Account S
Unemployment Compo S
Workmen's Compo S
Gifts S
TOTAL MONTHLY NET INCOME:
SUM 5f
Accident $ 4.00
Health S 39.00
Dental S S.SO
Long Term Disability S 7.S0
AUTOMOBILES:
Payments (reIacement) S 250.00
Fuel (all vehicles) $ 160.00
Repairs S 7S.OO
MEDICAL:
Doctor S 10.00
Orthodontist S 80.00
Medicine S S.OO
PERSONAL:
Clothing S 125.00
Food S 300.00
BarberIHairdreslet S 35.00
Mcmbenbips S 12.50
MISCELLANEOUS:
ChiJd~ S 30.00
PapenlBookJlMasazines S 14.00
Entertainment S 100.00
Pay T.V. S 22.00
Vacation S 100.00
Gifts S 60.00
Legal Fees S 100.00
Charitable Contributioos S 5.00
TOTAL EXPINSIS
S1J2Ut
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESfIC RELATIONS SECTION
JULIB A. CARR ) Docket Numher 96-5704 CV
Plaintiff )
VS. ) PACSES Ca.'ie Numher 495100475
MICllABL S. CARR ) J80U
Defendant ) Other State ID Numher M.
Order
AND NOW to wit. this
NOVEMBBR 23, 1998
it is hereby Ordered
that:
the Court has been advised by the Domestic Relations Section that the plaintiff
in this matter has requested that her Complaint, requesting Alimony to be
collected through the Domestic Relations Section, be withdrawn.
,
BY mE COURT,
011)1
crl
CCI
C'C.
~ L. lckes .
plaintiff and derendant)
Kathleen D8ley, taq. ..;'1'\."."..';
"'ria Cognetti. Esq. ) r" t. .
.--' ...... L-,
\
'.
ntg;u' B.
8sy~,
JUDGE
Sn\ K' THor M
h \ t,~. \~.,.~
ft_ m.ool
W",,"n ID 211<12
1...t.~ ~ PLAINTIFF
DR d ~O~~____
PQC50 ~ fl.?!: I OD l/ 75
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
VS
: DOMESTIC RELATIONS SECT[ON
: CML ACTION - SUPPORT
."-,,;,
'- '. .:.:C
""^~ ~DEFENDANI': 'NO.
SUPPORT [9_
qG, - S 704 el(
PETITION FOR MODIFICA nON OF AN EXISTING SUPPORT ORDER
1. The petition of ~\.l." cl. ((l r r rcspcdfully represents that on
- . [9...::.... an Order of Court was entered for the support of -
2. Petitioner is entitled to · of this Order because of the following
material and substantial changc(s) in circumstances:
Ou.-"" , '..- ~t....;....I t:A...J ....{ hu.......... 1. 'I...J
&
'Fill in the relief sought. i.e. inacase, dcae3se, modification, termination, suspension
WHEREFORE, Pctitioaer RqUcsts that the Court modify the existing order for support.
cr;...(.. Ct ~
(PctitiOllCf) (Auomcy for Petitioner)
I verify that the statements made in this petition arc true and c:onec:t. 1 UDdcrstaDd
that &Ise st.f""""'lS herein arc made subject to the penalties of Pa. C.5. Section 4904
relating to unswom fal.;fV..otion to authoritics.
J//24JlCfy'
Date
~o.. ~
pMitinn.or
.
l~lO' 470
....
.