HomeMy WebLinkAbout00-01078
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IN THE COURT OF COMMON PLEAS
STATE OF
Wayne Janis,
plaintiff
VERSUS
Alisa E. Janis,
Defendant
AND NOW,
DECREED THAT
AND
OF CUMBERLAND COUNTY
PENNA.
No.
00-1078
DECREE IN
DIVORCE
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Wayne Janis
, PLAINTIFF,
Alisa E. Janis
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; (}vl.4. 0
It is further ordered that the terms of the
December 7 2001
incorporated, but not
ATTEST:
PROTHONOTARY
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Wayne Janis,
Plaintiff
v.
Alisa E. Janis,
Defendant
,
, '
In the Court of Common Pleas
Cumberland County, Pennsylvania
No.: 00-1078
Civil Action - Law
In Divorce
MARITAL SETILEMENT AGREEMENT
1
December
,2001
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TABLE OF CONTENTS
SECTION PAGE
)., SEPARATION AND NON INTERFERENQ.E;.............................................................................3
2. RECONCI L1A TION:..................................................................................................................4
J., EN FORCEM ENT: ....................................................................................................,................4
.h. SPOUSALSUPPORT{ ALIMONY {ALlMONY PENDENTE LITE (APL). COSTS AND
EX PENSES: ..........................................................................................................................................5
5, .F;.QU ITABI.,K.Q.!STIilll.UTI ON~ ........ ............................................................................................6
A. PREFACE: ..............................................................................................................................6
B. DISTRIBUTION OF ASSETS (60/40% Wire's ravor):.............................................................6
.L WIFE'S ASSETS:....................................................................................................................6
~" HusnAND'S ASSETS: ....... ..... ..... ..........................................................................................7
.' ASSET 01 VISiON:..................................................................................................................7
A. REAL EST ATE: 12254" Street. Sea Islc Citv. NJ: ...........,..............................................7
B. DISTRIBUTION AI\'D WAIVER OF PERSONAL..........................,................................7
JJ MARITAL. TANGIBLE AND INTANGIBLE. ASSETS AND 2) NON-MARITAL.
'\'ANGlllLE AND INTANGIBLE. ASSETS: ...............................................................................7
C FULTON BANK ESCROW ACCOUNT NUMBER 9904-46625:.....................................9
D. RETIREMENT ACCOUNT/STOCKS: ............................................................................9
E. INTENT: ..........................................................................................................................9
fi, AFTER ACOUI RED PROPERTY:...........................................................................................10
Z, PJ;;IlIS~ ........................................................................................................................................ 10
A. Wire's Debls: ..........................................................................................................................10
B. Husband's Debts:.................................................................................... ..............................,. 10
C. Man"" Debt: .........................................................................................................................11
D. IndeJt1niliC:lIion: ....................................................................................................................11
8. FULL DISCLOSURE: .............................................................................................................. 12
9, R ELEASES:................................................................................................,.............................13
10, l..I FE I NSU RANCE: ......._.........................................................................................................13
.!.b .6.B"\';"\CI1.; ................................... ..................................................,........................................... 14
12, REPRESENTATION: ..............................................................................................................14
J.3, VO LUNT ARY EX ECUTI ON: ..................................................................................................14
bb ENTI RE AG REEM ENT: .........................................................................................................15
15. pRIOR AGRliBM E~T: ............................................................................................................15
16. MODI FICATION AND WAIVER: ..........................................................................................15
11. GOVERN I NG LAW: ................................................................................................................15
18. INDEPENDENT SEPARATE COVENANTS: ........................................................................15
1.9, VOl D CLAUS~; .....................................................................................................................15
20. D ISTRI BUTION DATE: ..........................................................................................................1 6
~.l, DATE OF EX ECUTION: .........................................................................................................16
Page 2 of 18
Janis MSA
MARITAL SETTLEMENT AGREEMENT
7.1-'-'.
THIS AGREEMENT, made this _ day of December, 2001,
by and between Wayne Janis, hereinafter called "Husband", and Alisa E. Janis,
hereinafter called "Wife".
WHEREAS, Husband and Wife were lawfully married on June 14, 1986;
WHEREAS, three children were born of the marriage, specifically
Danielle N., DOB 8/6/87, Jessica J" DOE 7/10/89, and Noah W., DOB 4/17/97;
and,
WHEREAS, differences have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, and the parties hereto
desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification:
the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between
them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one against the other or
against their respective estates.
NOW THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of
the parties hereto, Wife and Husband each, intending to be legally bound hereby
covenant and agree as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and
apart from each other at such place as he or she from time to time shall choose or
deem fit. The foregoing provision shall not be taken as an admission on the part
of either party of the lawfulness or unlawfulness of the causes leading to their
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living apart.
Each party shall be free from interference, authority and control by the
other, as fully as if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall
molest or attempt to endeavor to molest the other, or in any way harass or malign
the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other. Neither party shall say or do anything to negatively
influence or alienate the minor children from the other parent.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation
between the parties hereto, cohabitation between the parties, a living-together or
resumption of marital relations between them. They shall not be deemed to have
reconciled with the intention of vitiating or tenninating this Agreement unless
they make such actions through a written instrument, executed and
acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that Husband filed with the Cumberland County
Court of Common Pleas, Pennsylvania, to docket number 00-1078, Civil Term, a
no-fault divorce action pursuant to Title 23, section 3301(c) of the Pennsylvania
Divorce Code and amendments thereto.
It is specifically understood and agreed by the parties that the provisions
of this agreement relating to equitable distribution of property and all other
matters contained herein including but not limited to support, alimony, alimony
pendente lite, counsel fees, costs and/or expenses are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code and shall be submitted to the court at the time of
filing the praecipe to transmit the record to conclude the divorce. .
The parties agree to execute their respective Affidavit of Consent and
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Waiver of Notice and proceed with entering same to the court docket for the
purpose of finalizing the divorce action simultaneously with the execution of this
agreement or as soon as practicable thereafter.
Each party shall further execute any and all documents which may require
his or her signature for the purpose of effectuating all of the terms and conditions
of this Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained
by either of the parties in this or any other state, country or jurisdiction, each of
the parties hereby consents and agrees that this Agreement and all of its
covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order or further modification or
revision thereof shall alter, amend or vary any term of this Agreement. It is
specifically agreed, however, that a copy of this Agreement or the substance of
the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree. This incorporation, however, shall not be regarded as a
merger, it being the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
(APL), COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised or
have the right to obtain advice in regard to the fact that each may have the right
to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or
expenses. Further, Husband and Wife acknowledge that they understand that
said rights are available in their divorce action. Husband and Wife further
acknowledge that they are aware of the income, education, income potential, and
assets and holdings of the other or have had full and ample opportunity to
become familiar with such items,
Husband and Wife hereby accept the mutual covenants and terms of this
Agreement and the benefits and properties passed to them hereunder in lieu of
any and all further rights to support or alimony for themselves, counsel fees, and
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alimony pendente lite at this time and during any and all further or future
actions of divorce brought by either of the parties hereto.
The parties do hereby remise, release, quit claim, and relinquish forever
any and all right to support, alimony, alimony pendente lite, counsel fees and
expenses beyond those provided for herein, during the pendency of or as a result
of any such actions, as provided by the Divorce Code of Pennsylvania or any
other applicable statute, at this time and at any time in the future.
"Vife's alimony pendente lite award docketed to the term and docket
identified in preceding paragraph 3 shall terminate with the date of execution of
this agreement.
5: EQUITABLE DISTRIBUTION:
A. PREFACE:
The parties have valued to the best of their ability their entire marital and
non-marital estates. The parties have made use of either the information
provided between themselves and/or statement values associated with such
assets and/or have attributed fair market values and/or other agreed upon values
to such assets and for purposes of negotiation and settlement, and hereby
stipulate to such valuations. The parties desire to effectuate the division of all
assets in undertaking these terms of settlement with approximately 60% going to
vVife and 40% going to Husband. Attached hereto as Exhibit A and incorporated
herein as if fully set forth is the asset/debt division effectuating such distribution.
B. DISTRIBUTION OF ASSETS (60/40% Wife's favor):
1. WIFE'S ASSETS:
Husband does hereby grant, convey, transfer, assign, and deliver and set-
over unto Wife the assets so identified witllin this agreement; said assets shall be
and remain the sole and separate property of Wife hereafter, free of any claim by
or interest of Husband, regardless of whether such assets were deemed by either
of the parties to be marital property or non-marital property. And further,
Husband does hereby waive, release, relinquish, and surrender forever any and
all claim to or interest in said assets, which shall be and remain the sole and
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separate property of Wife hereafter.
2. HUSBAND'S ASSETS:
Wife does hereby grant, convey, transfer, assign, and deliver and set-over
unto Husband the assets so identified within this agreement; said assets shall be
and remain the sole and separate property of Husband hereafter, free of any
claim by or interest of Wife, regardless of whether such assets were deemed by
either of the parties to be marital property or non-marital property, And further,
Wife does hereby waive, release, relinquish, and surrender forever any and all
claim to or interest in said assets, which shall be and remain the sole and
separate property of Husband hereafter.
3. ASSET DMSION:
The parties hereby agree that the following assets shall be divided in
accordance with the terms as provided herein. Husband and Wife agree to
execute any and all documents required to effectuate the intent herein:
A. REAL ESTATE: 122 54th Street, Sea Isle City, NJ:
1. The parties are joint owners of the real property known as 122 54lh Street,
Sea Isle City, NJ (referred to herein as the "premise"). Wife shall with the
execution of this agreement simultaneously execute the Contract for Sale
of Real Estate between the parties and Daniel Groseck, buyer. Daniel
Groseck submitted an offer on November 23, 2001, to purchase the
premise for $180,000.00 and a mortgage with Wells Fargo Bank in the
approximate amount of $83,291.58 presently exists on the premise, Upon
closing, Wife shall be entitled to all net proceeds from sale,
B. DISTRIBUTION AND WAIVER OF PERSONAL
1) MARITAL, TANGIBLE AND INTANGIBLE,
ASSETS AND 2) NON-MARITAL, TANGIBLE AND
INTANGIBLE, ASSETS:
1. Husband and Wife do hereby acknowledge that they have divided to
their mutual satisfaction all non-marital and marital assets including,
but without limitation, business interests, corporate interests,
partnership(s), joint ventures, inheritance(s), jewelry, clothing,
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retirement accounts, 401k'S, pensions, brokerage accounts, stocks,
bonds, life insurance policies or other securities, Individual Retirement
Accounts, checking and savings accounts, mutual funds, and other
assets whether real, personal or mixed, tangible or intangible,
2. Husband and Wife further acknowledge and agree that the assets in
the possession of the other spouse unless otherwise so divided by way
of this agreement shall remain that spouses sole and separate property,
each party hereto specifically waiving, releasing, renouncing and
forever abandoning whatever claim, if any, he or she may have with
respect to any of the foregoing items which are the sole and separate
property of the other.
3. Household Furnishings: vVife and Husband shall each retain all
household furnishings in their respective possession taken at the time
of separation. Neither party shall assert a right or make a claim against
the other for such property at anytime now or in the future.
4. Janis Technologies, Inc.: Wife hereby acknowledges and agrees
that Janis Technologies Inc., shall be Husband's sole and separate
property with Wife forever waiving, relinquishing and abandoning all
past, present and/or future rights, title and/or interests and claims she
may have arising from her marriage to Husband.
5. Vehicles: Husband and Wife agree that the vehicles in their
respective physical possession shall remain the possession of the party
and each shall cooperate if necessary in executing any and all
documents to reflect such ownership, including but not limited to
titles, insurance documentation and registration forms, Husband and
Wife do hereby waive, release, and relinquish any and all claim to or
interest in the motor vehicle in the possession of the other. If the title
to any vehicle is encumbered by any debt or obligation, Husband and
Wife agree that they shall each be solely responsible for and shall pay
and satisfy said obligation, in accordance with its terms and
provisions, and shall indemnify and save the other harmless from any
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loss, cost, or e.':pense caused to either by their failure to make payment
of such debt.
C. FULTON BANK ESCROW ACCOUNT NUMBER
9904-46625:
The parties shall immediately undertake efforts to divide the escrow
account with Wife receiving the amount identified in Exhibit A and Husband
receiving his share as identified in Exhibit A. Attached hereto as Exhibit B is the
October 2001 escrow account statement showing a present balance of
$78,975.35,
D, RETIREMENT ACCOUNT/STOCKS:
Husband's TIAA C076755-2 and CREF U076755-0 accounts and Scottrade
account 46518235 shall remain Husband's sole and separate property, Wife
waiving, relinquishing and transferring any and aU past, present and/or future
right, title and/or interest she may have therein.
E. INTENT:
This Agreement is intended to distribute all property of the parties,
whether real or personal, and whether determined to be separate or marital
property. In the event that any property may be omitted from this Agreement, it
is understood and agreed that the person having possession and/or title to such
. property following the execution of this Agreement shall be deemed the owner
thereof and each of the parties will execute any and all legal documents without
any charge therefore to evidence title to such property in the other party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand
execute and deliver to the other any deeds, documents, records or closing
statements relating to the sale of real estate under this Agreement, bills of sale,
assignment, consents to change of beneficiary on insurance policies, tax returns
and other documents and do or caused to be done any other act or thing that may
be necessary or desirable to the provisions and purposes of this Agreement,
TA."CES: Husband hereby agrees to pay all income taxes assessed against
him, if any, as a result of the division of the property of the parties hereunder,
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Wife hereby agrees to pay all income taxes assessed against her, if any, as a result
of the division of the property of the parties hereunder.
6. AFfERACQUlRED PROPERlY:
Each of the parties shall hereafter own and enjoy, independently of any
claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full
power in him or her to dispose of the same as fully and effectively, in all respects
and for all purposes, as though he or she were unmarried.
The parties hereby agree that, as to all assets not specifically mentioned
herein which are presently titled in the sole name of one of the parties hereto or,
if. untitled, are presently in the sole possession of one of the parties hereto, the
party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claims therein, and acknowledges
that the party having title or possession of such items shall be the sole and
exclusive owner thereof.
7. DEBTS:
A. Wife's Debts:
Wife represents and warrants to Husband that since the parties'
separation she has not and in the future she will not contract or incur any debt or
liability for which Husband or his estate might be responsible and shall
indemnify and save harmless Husband from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
B. Husband's Debts:
Husband represents and warrants to Wife that since the parties'
separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnify
and save harmless Wife from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
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C. Marital Debt:
The parties acknowledge that Husband shall be individually responsible
for and solely liable for the debts identified hereinbelow and shall further
indemnify and hold Wife harmless to every and all extent including but not
limited to all past, present, and future fees, costs and/or expenses associated with
the collection of such debts, judgments, interest, taxes and suits, including
reasonable attorneys fees incurred to enforce this indemnification:
r'reditor Jan 01 info Balance/amoun
Firist USA #""1'7 1242 'lon~ AnA6 01/12/2001 $8,971.6?
<
Fi';st TJSA #A'>llll "2'>0 102" '7661 01/08/2001 $6,924.26
Discover #6011 0020 2026 '7"104 01/17/2001 $11,595-46
~ears #"121 0'70111d0 10'7'7 .01/16/2001 $S,soo.6?
AT&T #<:4011'10<1 <:207 0<171 01/25/2001 $9,509.9C
TOTAL $42,SOl.9f
D. Indemnification:
All further debts incurred by the parties shall be their individual
responsibility. Each party represents and warrants to the other that he or she has
not incurred any debt, obligation, or other liability, other than described in this
Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking
to hold the other party liable for any other debts, obligations, liability, act or
omission of such party, such party will at his or her sole expense, defend the
other against any such claim or demand, whether or not well-founded, and that
he or she will indemnify and hold harmless the other party in respect of all
damages as resulting therefrom including reasonable attorneys fees incurred to
enforce this indemnification. Damages as used herein shall include any claim,
action, demand, loss, cost, expense, penalty, and other damage, including
without limitation, counsel fees and other costs and expenses reasonably
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incurred In investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or
Wife to the other in this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice
of any litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms of this
Agreement.
8. FULL DISCLOSURE:
The parties acknowledge that each of them have had a full and ample
opportunity to consult with counsel of their choice regarding their claims arising
out of the marriage and divorce and that they have specifically reviewed their
rights to the equitable distribution of marital property, including rights of
discovery, the right to compel a filing of an Inventory and Appraisement, and the
right to have the court review the assets and claims of the parties and decide
them as part of the divorce action. Being aware of those rights, and being aware
of the marital property owned by each of the parties, the parties hereto, in
consideration of the other terms and provisions of this agreement, do hereby
waive, release and quitclaim any further right to have this court or any other
tribunal equitably distribute or divide their marital property.
The parties acknowledge that they have been fully advised and informed of
the wealth, real and/or personal property, estate and assets, earnings and income
of the other and are familiar with and cognizant of such and the value thereof, or
has knowingly waived such advice and/or information. The parties hereto have
been fully advised and informed of all rights and interests which, except for the
execution and delivery hereof, have been conferred upon or vested in each of
them by law with respect to the property or estate of the other by reason of their
marital status, or has knowingly refused or waived such advice or information.
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9. RELEASES:
E.xcept as otherwise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or
past, present or future support, division of property including income or gain
from property hereafter accruing, right of dower and courtesy, right to act as
administrator or executor in the estate of the other, right to distributive share in
the other's estate, right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of said
marriage relationship, or otherwise, and whether the same are conferred by the
statutory law or by the common law of the Commonwealth of Pennsylvania, or
any other state, or of the common law of the United States of America.
n is further specifically understood and agreed by and between the parties
hereto, that each party accepts the provisions herein made in lieu of and in full
settlement and satisfaction of any and all of said parties' rights against the other
for any past, present and future claims on account of support, ma~ntenance,
alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of each party, including all
claims raised by them in the divorce action pending between the parties,
10. LIFE INSURANCE:
Husband shall maintain a life insurance policy in the amount of
$100,000.00 with the children of the marriage named as beneficiaries. Wife
shall annually be entitled to receive from Husband evidence that the policy is in
place, In the event Husband fails to so obtain and maintain such, Wife shall be
entitled to require Husband to do so and pay for such policy and seek
reimbursement from Husband for the payment and costs of enforcement of such.
Husband's obligation herein stated shall terminate upon Noah's graduation from
high schooL The proceeds of such policy in the event of Husband's untimely
death shall be placed in trust for the children. A vehicle establishing the terms of
such trust shall be produced within forty-five (45) days from the execution of this
agreement.
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u. BREACH:
If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach.
The party breaching this contract shall be responsible for the payment of legal
fees and costs incurred by the other in enforcing his or her rights under this
Agreement, or seeking such other remedy or relief as may be available to him or
her.
12. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of
counsel regarding the provisions of this Agreement and their, legal effect in
advance of the date set forth above to permit such independent review. In the
event either party elects to exec.ute this agreement without the advice of counsel,
,
he/she shall nevertheless be bound hereby and he/she specifically and knowingly
waives his/her right, if any, to utilize his/her lack of legal representation as a
basis to attack the validity of this Agreement,
Each party acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel from his or her selection, and that each
fully understands the facts and has been fully informed as to his or her legal
rights and legal obligations, and each party acknowledges and accepts that this
Agreement is, and the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily, after having had the opportunity to receive
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
improper or illegal agreement or agreements.
13. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair and equitable, that it is being
entered into voluntarily and that it is not the result of any duress or undue
influence. Further, each party acknowledges that he or she has the mental
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capacity to understand the terms provided herein and has not been placed under
duress, coercion or any physical or mental stress,
14. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
15. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements executed between the parties, and/or mayor have been executed
prior to the date and time of this Agreement, are null and void and of no effect,
16. MODIFICATION AND WAIVER:
Any modification or waiver of any provision of this Agreement shall be
effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
17. GOVERNING lAW:
This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
18. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
19. VOID ClAUSES:
If any term, condition, clause, or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement and in
Page 15 of 18
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.. . '.
Janis MSA
all other respects this Agreement shall be valid and continue in full force, effect
and operation.
20. DISTRIBUTION DATE:
The parties hereto acknowledge and agree that for purposes of distribution
of property as provided for in this agreement, the date of execution of this
agreement shall be known as the Distribution Date.
21. DATE OF EXECUTION:
The parties hereto acknowledge and agree that the date of execution
referred to herein shall be known as the last date upon which either party
executes this agreement.
IN WITNESS WHEREOF, the parties hereto, intending to. be legally
bound hereby, have hereunto set their hands and seals the day and year first
above written.
WITNESS:
w,_~:::r JD
Date: /"/...-17-01
Ilwc'~;,
Alisa E. Janis ,') _ _ oj
Date: /",L-
Page 16 of 18
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WAYNE JANIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1078 CIVIL
ALISA E. JANIS,
Defendant
IN DIVORCE
AND NOW, this
ORDER OF COURT
day of dLr~1
23
2002, the economic claims raised in the proceedings having
been resolved in accordance with a marital settlement
agreement dated December 7, 2001, the appointment of the
Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
cc:
//
~es A. Miller
~~~orney for Plaintiff
~riCk F, Lauer, Jr.
Attorney for Defendant
. ~
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RLEi)-OfFiCE
OF THF F::;r::CNOTARY
02 JAN 23 Ai'IIO: 10
CUMBi:HLAND COUNT\'
PENNSYLVANIA
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Janis MSA
Commonwealth of Pennsylvania
COUNTY OF
C_wW
ss.
1'7 P.(l~1/
On this, the day of , 2001, before me, a
Notary Public, personally appeared Wayne Janis, known to me to be the person
whose name is subscribed to the within Settlement Agreement and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
p~
NOTARY~
My Commission E.xpires:
NOTARIAL SEAL
JAMES A. MILLER. Notary Public
Boro of Camp Hill, Cumberland County, PA
My Commission Expires April 30, 2005
Commonwealth of Pennsylvani
ss.
COUNTY OF ~
On this, the 7""" day of Oa.t.,fIo~_ , 2001, before me, a
Notary Public, personally appeared Alisa E, Janis, known to me to be the person
whose name is subscribed to the within Settlement Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~
N~TARYP BLIC
My Commission Expires:
N-"'l Seal
Shelby A. Minich. NOW)' Public
Camp Hill 110m. CUmberland Counly
My Commission Expire. Aug. 20. 200S
Member,Per.~AsS()'"!oflMolNol8l18&
Page 17 of 18
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EXHIBIT "A"
ASSET
VALUE
WIFE
HUSBAND
Fulton Escrow Account $ 78,975.35 $ 47,385.21 $ 31,590.14
(This is 60% (This is 40%
value to wife) value to husband)
Sea Isle City S 96,708.42 $ 96,708.42 $ 0.00
(Value of property after
sale for $180,000.00)
TIANCREF $ 91,571.83 $ 0.00 $ 91,571.83
Scoltrade $ 2,399.81 $ 0.00 $ 2,399.81
TOTAL
$269.655.41
$144.093.63
$125.561.78
DEBTS
Credit Cards
(Husband to assume
all credit card debt)
($ 40,000.00)
($40,000.00)
Net EQuitv
S229.655.41
$144.093.63
$ 85,561.78
xx
All Longaberger Baskets are to be rehrrned to Wife.
**
This agreement is conditioned upon Husband paying all mortgage payments
up to the date Sea Isle City property is sold. Husband warrants that
mortgage payments are current. If mortgage payments are not current,
Husband will reimburse Wife for delinquent mortgage payments.
=
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.
Janis MSA
Wayne Janis,
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No.: 00-1078
Alisa E. Janis,
Defendant
Civil Action - Law
In Divorce
ADDENDUM
NOW, this
1f-'
day of December, 2001, contemporaneously with the
parties execution of their Marital Settlement Agreement and in accordance with
paragraph 16 of said agreement, the parties desire to add the following terms:
CHILDREN'S HEALTH INSURANCE:
In accordance with Alisa E. Janis v. Wayne A. Janis, Cumberland County
Domestic Relations, 1991 Support 2001 (DR 30392), health insurance for the
children until each child reaches the age of majority will be maintained by
Husband consistent with Pa.R.C.P. 1910.16-6(b)(3).
IN 'WITNESS '\THEREOF, the parties hereto, intending to be legally
bound hereby, ha~'e hereunto set their hands and seals the day and year first
above written.
WITNESS:
1J:^y
Wayne Janis
Date:
39
/1..- /7- "'I
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~~:: E. Janis I;), 7- /
Page J9 of J9
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Wayne Janis,
Plaintiff/Petitioner
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-1078 CIVIL TERM
Alisa E. Janis,
Defendant/Respondent:
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for
entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c)
of the Divorce Code.
2. Date and manner service of the Complaint The complaint in
Divorce under Section 3301 (c) of the Divorce Code was filed on February 25,
2000, and served upon the defendant's counsel, on March 7, 2000, by
Acceptance of Service.
, 3. Date of execution of the Affidavit of Consent and Waiver of Notice
of Intention Request Entry of a Divorce Decree required by Section 3301(c) of
the Divorce Code:
by Plaintiff:
by Defendant
December 19,2001
January 4, 2002
Time Stamped date of Waiver of Notice of Intention Request Entry of a
Divorce Decree required by Section 3301 (c) of the Divorce Code:
by the Plaintiff: December 27, 2001
by the Defendant January 11, 2002
4. Related claims pending: There are no related claims pending.
Respectfully Submitted,
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WAYNE JANIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: NO. 00- /0'71 Civil Term
ALISA E. JANIS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
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 the divorce is indignities or irretrievable breakdown of
marriage, you must request marriage counseling, A list of marriage counselors is avail-
able in the Office ofthe Prothonotary at
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CARLISLE, PENNSYLVANIA 17013 3387
j;fJ!2.2m~
Attomey for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
,- ,------~-'"' _o;._,,~,_ :'~"",;t. H<-""_'::'_'-' --'~'.-I,ii;"~,'_,, _ t,1
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WAYNE JANIS,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NQ:1q/HI- j{) 7 f CIVIL TERM
ALISA E. JANIS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the Plaintiff, WAYNE JANIS, by his attorney, MAX J. SMITH, JR.,
Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set
forth:
1. The Plaintiff, WAYNE JANIS, is an adult individual and citizen ofthe United
States of America, whose address is 170 H Franklintown Road, Dillsburg, York County, Penn-
sylvania 17019.
2. The Defendant, ALISA E. JANIS, is an adult individual and citizen of the United
States of America, whose address is 136 N. 33rd Street, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on or about June 14, 1986 in Grantham,
Pennsylvania.
5. Plaintiff avers that there are three children of the parties under the age of 18,
namely: Danielle N. Janis, bom August 6,1987, Jessica J. Janis, born July 10, 1989 and Noah
W. Janis, born April 17, 1997.
6. Neither Plaintiff nor Defendant is a member of the United States Armed Serviees.
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7. Plaintiff and Defendant have both been advised of the availability of marital
counseling and that each may have the right to request that the court require the parties to
participate in counseling.
8. Plaintiff avers that there has been no prior action for divorce or annulment of
the marriage filed by either party in this or any other jurisdiction.
9. Plaintiff avers that the marriage is irretrievably broken, pursuant to Section
3301(c) of The Pennsylvania Divorce Code Act 206 of 1990.
10. Defendant has offered such indignities to the Plaintiff, the innocent and injured
spouse, as to render his condition intolerable and life burdensome, pursuant to Section 3301(a)(6)
of The Pennsylvania Divorce Code Act 206 of 1990.
11. This action is not collusive.
WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from
the bonds of matrimony.
Dated: February 24, 2000
~~
MAX J. SMITH, JR. squire
James, Smith, Durkin & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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I verify that the statements made in this Complaint are true and correet. I under-
stand that false statements herein are made subject to the penalties of 18 Pa, C,S. Section
4904, relating to unsworn falsification to authorities.
WA~~ ~ Cj
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COMMONWEALTH OF PENNSYLVANIA
OEPARTMENT OF HEAcrH
~ VITAL RECORDS
Cumberland
DIVORCE
~
RECORD OF
OR ANNULMENT
(CHECK ONE) 0
STATE FILE NUMBER
C~UNTY
STATE FILE DATE
HUSBAND
1. NAME
(First)
Wavne
Street or R.D.
(Middle)
A.
(Last)
Janis
2. DATE (Month)
OF
BIRTH 07
(Day)
02
Year
1960
3. RESIDENCE
CIty. 80ro. or Twp.
County
State 4. PLACE
OF
P A BIRTH
7. USUAL OCCUPATION
(State or Foreign COUflfry)
New York
170 H
5. NUMBER
OF THIS
MARRIAGE
Franklintown Road,
6. RACE
WHITE
Dillsburg, York,
1
IX]
BLACK OTHER (Specify)
o 0
WIFE
Computer consultant
.. MAIDEN NAME (First) (Middle) (Las/) .. DATE (Month) (Day) "'ac
Groninger Alisa E. Janis OF 1960
BIRTH 09 24
,.. RESIDENCE StreetorR.D. City, Bora. ot Twp. County State 11. PLACE (State or Foreign Country)
OF Pennsylvania
136 N. 33rd Street, Camp Hi1, Cumberland, PA BIRTH
12. NUMBER 6. RACE 14. USUAL OCCUPATION
OF THIS WHITE BLACK OTHER (Specify)
MARRIAGE 1 IX] 0 0 Office Manager
15. PLACE OF (County) (State or Foreign Country) 1.. DATE OF (Month) (Day) (year)
THIS Pennsvlvania THIS 06 14 1986
MARRIAGe: Cumberland MARRIAGE
17A, NUMBER Of 1.7B. NUMBER Of DEPENDENT 1.. PLAINTIFF 1.. DECFlEE GRANTED 10
CHILDREN THIS CHILDREN UNDER 18 HUSBAND WIFE OTHER (Specify) HUSBAND WIFE OTHER (Specify)
MARRIAGE 3 3 IX] 0 0 mJ 0 0
2.. NUMBER OF HUSBAND WIFE SPLIT CUSTODY OTHER (Specify) \21. LEGAL GROUNDS FOR
CHILDREN 10 0 [3] 0 COORCE OR ANNULMENT
CUSTODY OF Irretrievable breakdown
22. DATE OF DECREE (Month) (Day) (Year) 123. DATE REPORT SENT (Month) (Day) (Year)
TO VITAL RECORDS
24. SIGNATURE OF
TRANSCRIBING CLERK
.
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WAYNE JANIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-1078
ALISA E. JANIS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
TO THE PROTHONOTARY:
Date: .;l /de;
I hereby acknowledge receipt of the Complaint in Divorce which was filed on
February 25,2000 to the above-referenced tenn and number.
~ESqUire
,2000
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717 rsa 5600;
OEC~1S 01 4:44PM;
PAGE 213
.. .
Wayne Janis,
Plaintiff
IN THE COURT OF COMMON PLEA..';;
Cumberland COUNTY, PENNSYLVANIA
v.
NO. 00-1078
.I\.lisa E. Janis,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 330l(C) of the Divorce Code was
tiled on '1t!JAUAMo)5,.MOO_..__, and service was obtained
upon the defendant b}~:
a. ccrtifIe.d mail
;or
b.personal service on _.~~_:r:~ll.?! 2000, upop.
number
on
Defendant's counsel,
Michael Travis, Esq.
2. The man'iage of the Plaintiff and Defendant is irretrievably broken and
ninely (90J days have elapsed from the date of filing the Complaint and
. service \Ipon Defendanl of the same.
3, I consenllo the entry of a Final Decree in Divorce after seIVice of notice of
intention to request entry of the decI'cc,
4. I have been advis,,:d of the availability of marriage counseling, and
understand that I may request that the COUlt require that my spouse and I
participate in counseling. I further understand that the Court maintains a list
of marriage c()unselol'~ in the pmthonotary's Office, which list is available to
me upon request. Being so advised, I do not request that the Court require
that my spuuse and I participate in cotmseling prior to a divorce decree being
handed duv,'I1 by the Court.
I verify that the ~1:atements made in this Affidavit arc true and correct. I
understalld that false slatelll~llls l](::rcin are made subject to the penalties of
18 Pa. C,S.A. Scclio1l4904, relating to unsworn falsification to authorities.
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717 783 5800;
DEe.1S.01 4:45PM;
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Wayne Ja.l1i~.
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNlY. PENNSYLVANIA
NO. PO-1078
CIVIL ACTION - LAW
IN DIVORCE
v.
.AJisa E, Janis,
Defendant
WAIVJ<:R OF NOTICE OF INTENTION TO REQUEST
ENTRY 01" A DIVORCE DECREE UNDER
SEt"TION 3301(C) OF THE DIVORCE CODE
1. I ~onRent to the entry of a final decree of divorce without notice.
2, r understand U1at I may lose rights concerning alimony, division of
property lawyer's fees or expen~es if I do not claim them before a divorce is
granted.
3, I understand that I will not be divorced until a divorce decree is entered by
the COllrt and that a copy of the decree will be sent to me immediately after it
is filed with the prothonotaxy.
I verify that the statements made herein in this aftidavit are true and
correct. I understand that false statements are m,ade subject to the penalties
of 18 Pa, C.S. A. Section 49()4, relating to unworn falsification of authorities.
Date:_/. -l.{-.t? z.
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Wayne Janis,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
NO. 00-1078
Alisa E. Janis,
Defendant
CMLACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(C) of the Divorce Code was
filed on F'phrll"ry 7". 7000 , and service was obtained
upon the defendant by:
a. certified mail number xxxxxxxxxxxx on
YYXXyyyyyy ; or
b. personal service on Michael Travis, Esquire, Attorney for
Defendant, on March 7, 2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing the Complaint and
service upon Defendant of the same,
3. I consent to the entry of a Final Decree in Divorce after service of notice of
intention to request entry of the decree. .
4, I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I
participate in counseling. I further understand that the Court maintains a list
of marriage counselors in the Prothonotary's Office, which list is available to
me upon request. Being so advised, I do not request that the Court require
that my spouse and I participate in counseling prior to a divorce decree being
handed down by the Court.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of
18 Pa, C.SA Section 4904, relating to unsworn falsification to authorities.
Date:
17../1CJlol
fJ ~ 10
Wayne Janis 0
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Wayne Janis,
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
v,
NO. 00-1078
Alisa E. Janis,
Defendant
CMLACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3, I understand that I will not be divorced until a divorce decree is entered by
the Court 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 herein in this affidavit are true and
correct. I understand that false statements are made subject to the penalties
of 18 Pa, C.S. A. Section 4904, relating to unworn falsification of authorities.
Date: 12-/1'1/01 'WQ~ ~",,-CJ
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WAYNE JANIS,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
ALISA E. JANIS,
Defendant/Respondent
NO. 00-1078 CIVIL TERM
ORDER OF COURT
AND NOW, this 2nd day of March, 2001, this matter
having been called on a petition for special relief, the
parties having reached an agreement, IT IS ORDERED:
1. Neither party shall dissipate any marital assets
absent a written agreement or a further order of court.
2. Husband shall have control over the marketing of
the property with Homestead Group, Inc, At all times the
listing price shall be as agreed to between the parties, and
any sale shall require the agreement of the parties.
3. Wife shall have until March 19, 2001, to remove
all property, including personal belongings, from the
residence.
4. The net proceeds received by husband from the
sale of his separately titled but marital Ford GMC Yukon shall
be placed in escrow pending distribution upon the final
resolution of the case.
James A. Miller, Esquire
For Plaintiff
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Michael S. Travis, Esquire
For Defendant
Sheriff
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Wayne Janis,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
Alisa E. Janis,
Defendant/Respondent
CIVIL ACTION - LAW
IN DIVORCE
RULE
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consideration of Plaintiff/Petitioner's request for Special Relief, a Rule is hereby entered upon
AND NOW, this ~ day of
, 2001, upon reVIew and
DefendantlRespondent,
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Wayne Janis,
PlaintitTlPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
Alisa E. Janis,
DefendantJRespondent
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff.
YOU SHOULD TAKE TillS 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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Wayne Janis,
PlaintifffPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
AIisa E. Janis,
DefendantIRespondent
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF PURSUANT TO 23 Pa.C.S.A. SECTION
3323(1) OF THE DIVORCE CODE AND PENNSYL VANIA RULE OF CIVIL
PROCEDURE 1920.43(a)(3)
TO THE HONORABLE JUDGES OF THE SAID COURT:
Petitioner, Wayne Janis, by his undersigned attorney, files this Petition for Special Reliefin
order to preserve and protect the parties' marital property and, in support of the Petition
respectfully represents that:
1. Petitioner, Wayne Janis, is the plaintiff in this divorce action and currently resides at
800 Grantham Road, Grantham, Pennsylvania, 17027.
2. Respondent, Alisa E, Janis, is the defendant in this divorce action and currently resides
at 37 S. 18th Street, Camp Hill, Pennsylvania, 17011.
3. The parties are husband and wife having been married on June 14, 1986, in Grantham,
Pennsylvania.
4. The parties have since separated and reside in separate residences,
5. This action was commenced with the filing of a Complaint in Divorce on February 25,
2000, in which Wayne Janis included claims for, inter alia, a divorce on the grounds
set forth at Sections 3301(a) and (c) of the Divorce Code, and equitable distribution of
marital property.
6. During the course of the marriage, the parties acquired assets, including real and
personal property which constitute marital property within the meaning and intent of
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the Pennsylvania Divorce Code and which are subject to equitable distribution as well
as marital debts; said assets include, but are not limited to, the jointly owned real
property located at 136 North Thirty Third Street, Camp Hill, Cumberland County,
Pennsylvania 17011 ("property") which was the marital residence of the parties.
7. On or about January 21, 2001, Petitioner and Respondent executed a listing contract
with the Homestead Group, Inc. ("broker"), listing the property for sale ("contract");
see attached Exhibit A - listing agreement.
8. The termination date of the contract is September 30, 2001.
9. Neither Petitioner nor Respondent reside in the property.
10. In addition to maintiaining his own residence and life, Petitioner has been providing
significant financial support to Respondent. Further, Petitioner has been solely
preserving the equity of the real property asset by making all required montWy
payments on the property including mortgage payments, taxes, utilities, etc.
11. Petitioner's undertaking in preserving the marital residence, providing significant
financial support to Respondent and maintaining his own, separate residence is
financially burdensome.
12. The parties listed the property with the Broker with the intent of selling it to a bona
fide purchaser thereby providing the marital estate with the net proceeds from the sale
and available for distribution in accordance with 23 Pa.C.S.A. sections 3502, et seq.
13, The Broker advised Petitioner that an "Open House" would occur on February 11,
2001.
14. The Broker advertised the property as having an "Open House" on Sunday, February
11,2001.
15. On February 11, 2001, and after approximately one and one-half hours and a great
deal of activity, Respondent arrived at the property and berated and swore at the
Broker's agent in front of potential purchasers as well as the parties' eleven (11) year
old daughter, Jessica,
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16. Respondent kicked the Broker out of the property and threatened to tenninate the
contract.
17. Petitioner fully cooperated with the Broker in marketing the property for sale in
accordance with the terms of the contract.
18. Respondent has expressly indicated that she will not cooperate in the sale of the
property and has further demonstrated such intention by verbally abusing the Broker at
the time of the "Open House" and kicking the Broker out of the home.
19. Given the dire financial circumstances eoneomitant with Petitioner's maintenance of
the property in which neither party resides as well as the parties' contractual obligation
with the Broker to fully cooperate in the marketing of the property, it is clear and
evident that Respondent has undertaken a course of action directed at destroying the
marital estate,
20. Respondent's conduct and behavior rises clearly to the level of dissipating marital
assets by having interferred with the marketing of the property.
21. It is believed and therefore averred that the only manner by which the marital estate
can be preserved and the property properly marketed is to award Petitioner all rights
and responsibilities associated with the contractual obligations associated with the
contract.
22, Petitioner is full well and able to satisJy all requirements under the contract.
23. Respondent has shown her inability to satisJy the requirements under the contract and
her ability to obstruct the preservation of the marital estate by having engaged in
abhorrent conduct directed at the Broker and her generally malicious and capricious
disregard for the preservation of the marital estate,
24. Pursuant to Section 3323(f) of the Divorce Code, your Honorable Court has "full
equity power and jurisdiction and may issue injunctions or other orders which are
necessary to protect the interest of the parties or to effectuate the purposes of this act,
and may grant such other relief or remedy as equity and justice require. , . ."
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25. Pursuant to Pa. RC,P, 1920.43(a)(3), your Honorable Court has the authority to
enjoin Respondent from further destroying and dissipating the marital estate by
entering an order that grants Petitioner the power to proceed with the marketing of the
property without involving Respondent or requiring her participation in any regard;
more specifically, 1920.43(a)(3) provides:
( a) At any time after the filing of the complaint, on petition setting forth facts
entitling the party to relief, the court may, upon such terms and conditions as it
deems just, including the filing of security,
(3) grant other appropriate relief
26. The relief sought by Wayne Janis:
a. is necessary to protect his interests in the marital property;
b. is necessary to effectuate the purposes of the Divorce Code;
c. is required by equity and justice.
27. Alisa E. Janis has evidenced her intent to undermine the sale of the property which
thereby ultimately destroys the financial condition of Petitioner as well as having
established Respondent's intent upon dissipating marital assets,
28, Wayne Janis has no adequate remedy at law.
29. Wayne Janis will suffer irreparable harm and forever lose certain rights to equitable
distribution of marital property unless Alisa E. Janis is enjoined from dissipating
marital assets including, but not limited to, the property.
30, Pursuant to Section 3323(f) of the Divorce Code, the relief sought by this Petition can
be fairly and expeditiously determined and disposed of in this action.
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WHEREFORE, Petitioner, Wayne Janis, respectfully requests your Honorable Court
enter an order directing:
A. A1isa E. Janis to be enjoined and restrained from participating in the sale and
marketing of the real property located at 136 North Thirty Third Street, Camp Hill, Cumberland
County, Pennsylvania;
B. that A1isa E. Janis be ordered to pay to Petitioner his reasonable counsel fees
which were incurred for prosecuting this Petition; and,
c.
such other relief as this Court may deem appropriate.
Respectfully submitted,
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LlmNG CONTRACT \ Ctti~)l5. XIS
ExCLUSIYF. R1Gtrr I'll SitU. RltM. PJtonRTY
Thil;. fnrm llICM'lfIIl:IIdel.llIJld ~I'l""v,," fui. ~ nt)I1lIlIIJk1ed t'l 11010 hJ. tile membcn'to..r II>> PeIlIl~)lvanjp .....-.:i""llh .,f-kPA1;rl:)J<<S*jPAK).
88(1K.:RI('.......,.). e. ffiJ.~.h~l .G:.?e~~~. J.'~... ._.
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SEI.I.liR ,$"*_ '.. ..~ttU.1".: ._...._. ._~ .. ....___..
I, PIIOI'EIfI1 ~~. __ LLorrEOPlt'CllSl~nO .
Add",. /.J.....1.....~ .. ~ &J_~.~.A4..d.::Z81 .. UUt.:_.
Mllnicip11lil.y(~ily.hnmugh.tnwnsblp) ~', 'V. .'___'~_ .... .' ~,...,~.~._____
(""'nIY~I.t1l. .~ ...,.. ___ S."""'Di"'i"..Oo4.......... ~//..,......
Z,ming.""_' U....t2IrA.""~-c9""-.._...... "__"_"_'___ ..._..._ ....._
~~~nljti~1l1.it~~~'='~~~~tt_i.~~7 :u:he~~~~~~ n\)m~~_~k~. ro;~~i~,d~) '~~~.__.. ~
1. tlTAWrIN(, It ENllING 114TF.ll OF LLmN(l(;ONTRACT "I", ."11.,, "'-"1, .
A. No AIiS04;i<lliun uf RliALl'OlcS@ hWi ~l Ul" rccom..ooiulcd lhe wnll Ilf ,his I;C>>l1nu:t. t)' I~, (ho t.;tl(lth qr~11 of a li~ing c.'on-
If.ttl Ill">' nm ~CC\'.d!)l1C )'mlr. 1Ir,:lk\)l" msd S\llb II&\fC diS\:!JSllCd 11lllJ IIJ~ ttpOlllM lonMlII or U!nll of (h~ I.:Onll"d41,
n, Rtartlllll)ute~ 'I'his (,'0",","11111\11:-1 WllCj~~2~ljct !lnd Seller, Imm"lI mtu~n.vi:re :ollIKed herc:---:.-.. _.___'
C. Rndlngflale, Thi,C"mr.Klenol,oo ~l!: ~.J~-4QQ.L '_' _. ...__'
3. PlIRN)NR o....rltls CONTRACT Ss:lll..'T i~ biring RrnJu:r tn IIIllrkct Ptu~tlY lInd to IintJ .. btlYl-'f. Sel~ will rel"I' aU MfCN omd
il'llSdiric5 10 14mM:r. Sclh.1l" a1lf1wll Rrok~r 'I) U!lc print and/or clecll1m~. , advtniRing. Am\cr I~ w,1In, U\f seiter Agent, all deiic'rihcd
\1'1 die (~'mllumcl' NnUl.~. ""lJ
4. RROKPM'H.. Nn AWlCi:diOn tlr RUALtoRSW busllCJ 01' rcco c lcullbl! BrcJkcr'$ K:'e. Rrnkcr und Seller Illlve flcgrniuloo
lttc fee lhm: SeI1crwill PlI)' Broker. Tho fk'Nl;cr'll ~is _. .... . ..__(II'lOnmtf\ela1errice timJ paid hy Scllet
S, ('"()()PF.R.\'nONWITII OTItltlt UIlOKEIl'S!.icon hili tltpla nikct'll ~l)..): p:4k~uhnu\. CtKlpCnWDII withntllw
_...8........<lndSclIcr_Wll_willl"'y (__r',F..:
A, A foe .._~.............-.... SdlcrISUBAGENTl.
ONo, at~ 'fYOI.IlRlUUlll:. ..... nf/fnnnlhenlepriU.
8. A ftle Ie) Qftlldter~whit ~.. '"""'" (RtJ"ell'S AOf:NT)." "''''''/1 A.-,. even I' ~llmpf..ilN'" by BmIt<<
or Sol..... will ~a..ln_or.... buy<<
Q N~ Vex If Yes. Mmuunt: ...,. n. __ nt1fmm UlC.llltlC ptk:e.
r:. A foe "'._ ......... .... ........... _.... S<l1Or or. bo)t:r (1'II4NliAI."TlON I,ICIlNSRI!~
CNn OVw\ U'Ve...arM\U\t,_.. ...__..(\f/ft('lrnW::~pricc.
.. PAYMIlNT OF 8ItOKER'S FEI!
A. S..... m"'~ 8.......', 'eeI11'loperly, or..,. .........blt> lnIel.ot In 11, '" _ or elICIIaDIIed durlng ....,..............
of...1o CaiIIml bJ 8...................... Seller. ur by lOlI)" _........ or _..1 Ole...... prko or.... ..-
"""JIlllbIeb.S<lIOr.
B. SellCt \Viii pay BrnPr'll I~ if 1l(:8OtQ)tj~ lhal are pl.-'fldiull Ilt the nodina: Dale or ltlill Contracl teiU't in it l!aI~.
C. ~Uur will pill' Broker'", Fee after lhe- tindinB Date Ii Utili CuntfllCi. all:
(I) "..Ic"""...wi.... ~ da)'<or,,,,,lillIIfu. P41e. AND
(2) The buyer WAll Itwwll Of negodated rn buy the Property duriol mo IGJTn ,)r lhill tIl'lll\l1I:l.:l.
!It:I.... ,,10 1l<lI_ 0.......', '..11.... PmporlJ 10 llded undor.. "mluslve rIaltllo.... _...1" wi"''''''''' ~..ker
......_or.........
7. 81101l.\lIl'S FIE IF IiAI,KOOI!!l NOT OCCUR
A. SeI/er will"", ...-'1 'eeif. _,. .......... .... .bIe buyer 10 ~... by a....... or bJ ..,..... Indodlq Seller. A
wlUinR huy" ill. one whu wil' pay the liMed price UT mort rot tM Propcny. ()t (me wOO I'taP lI\.ibmiUed an nffer ~ by
Settut.
8. If lbe Prnpcd.y or an)! pan. of if is lakcn by any .ovemmenr for pdJlit; UlIcI (J;mintnt Ilomain). SeJIdr will pay Broker
~ uf7f1Um aft)' fI\OI1ty paid by dm JUV4I'1\1ht1lI.
C, If. buYer-5lia1lfl an Da,teemonl d ~Io ,_ ~ to buy tbt Property, or if If, bIt)'fr is \J,Rllb1e.1n buy it buoauac. of ftUi"ll<1 do.
011. 'be~. aired ()l" ltIe bll)'l!Ir in dle-lIpement of ~tc. Seller win pay Rrokef:
<I) . . ... oCIfmmbuYer'5~ptlllitmllDiet,.OR
()) \be . ,..1. "'"'lJPlPb 4, ..ki....." wleu.
a. lIllALAGENCY ScIIOr....... """ _.... ""...........' Ibe ~"yer(,l or \be Pa"""",. Broker iA. DUAl. AOP.NT ..hen
,..ptC!efl'in~ Jx>lh S~cr And ~ buyer in the tale qf tl pmJlO11y.
Dalgnoted "-Y'
~ Notl\ppllclbleo
f\ AppJJeeble. ftrnktv". as the 'OlIM1 AsCt'll. tl:11lY deflisnate liccnsce..'S (I) reprercettr the seporare interelllJll)( SeUer ond dle huyer.
I.iccm.l/W lidCtlllfied obPve) is dte. DwQ.nak:d ABell'. who will tK:I Clldu!liively ....Ihe Seller Aplt.1f ProJ*l.Y i5 in~ to
1he hllyer hy u lic.:c:nNCC in !he Colhp8ft)i who ill lUll. n~prtlltllliiia lhe bb)lu, tbert lhall~ 1& ~ to work on hchatf
"..Scl....lfI.- iA "",,.1lI> lIuy<rAgonI......I.i<on...;.. DliA~ AOI!NT.
9. RR()K~RlS 8Savret TO BUYER. 8m~ m-.y pru~ide SCMeet tn a blIyor for which Y!'Uket Maylleeept" fee. Sueh Sl!r,,~~
1lW)' iacl.dI, hul ilW AClllitniltd tu, ~ oocumcm fUCPlU'UIiun; UlWrille, ~1(ICRIinM I'Clf'Ilt'c41Or ClUlMftSi naumcl1l1 sorvicn; litle
transfer aIld propnrahon-liOFYi\.'ot;; t1Jderina iOS\m\AtC. CClW'hUC-liOh. rupo,ir, or i~OQ &enlic:et. Bder will disl:tose- to Setter iJ
any r... ore to be ...id to) 8uyer.
10.. O~ PRQP1(81"K.~ Seller aerees thar Bmlu:r ma)' Iisl other properde5 rot sale and thai. Bro~r may ahow other propCII1~
tQ.PJ'Ul'FClivebU)'ers.
It. CONFMt.'TlW INTIllEST A (tl1!!P('l nfimere,rf jJ- whcA 6to1cel' nr l.1cenllOe tmM . rlftaneiaf ('It petIOnal intelhl wlwre Broker
or UCOAACC connt)f put Sclhn"'iI interealS Nt",. any olher. IftM y,rolc.cr. or o.~ of Bm..', 1l1llH~ I\8s a CIJIifIkl'" ihU'fP.n.
8roJi.er win etmify Seller in 11llmely mQfW\er.
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12. SETTLEMENT" POSIlES.~ION
A. Profened Sell_, D...,
B. Se>>tr wm ~ve pMl\eMillR of ~ Property 1(\ llu)'l,lr al ~lttemenl tit bfl___ . . '. .
C. (I) If ~ P.ropeny. or any pan ufil; 1$ muecJ. s.nll1T will aive any le.lllle,lJ lo BroIttr helM l5W:nillJJ this CorluatE.
(2) If any lc:llo"C!' are 0111:1, Sellet .....ilI providt 8 wriuen sumntllF)' of the temu. intludina amoull {\f nmt. Cftdiaa dale. and
l'ea.w'1 responsibilities.
(3) SeUer will nOl enter inro or ~ any k:luedurina: the klnh ofdtiS.CMh''''1~ti folroWf.i: _'
13. TITLE
A. At sememenl. Sener will alve full righlll ()f OWRetsbip (fee llimple) t~ II. bilyet ~11K tullow~:
(I) M;....\ RigIlts..........' _._' . _' .. .
(2) OdIor__
B. Soller....'
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Addreu
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Adckess ,.. ..... Phone
Acct. 1# AtftOllrK of batancc S
SeDer authori~ btoket to re<<ivc morIaa&e payoff andInr equicy loan payoff int'onnaIioa from rht
flmiItJ.
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M\lnieipll.6.~Sft~~
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C. If Sellar. at <In)' lime- on at sUtte JamJat) I, IWI. bat been tibliGJUd-U) pay 1Uj)pOrt unlkr an or4tt tlw is on reoord in uy
P~lvania g1UflU'-lia ~ COUQ1)':lInd the DomeMie Rdalions Number or Docket Number: _.__'
If. MVLTIP/..I! UllTlNG$ERVlCE IMU) ("""'1'1... ifB,oI",. i/. meml1erw an M\.S)
)( ,Btoker will vm:, Ii Multiple Listio, SefVl,* to wiWJtiie the ~y to Qtber real esrnte sal~ wlli) tliillCU thtnr iifl6tIl
add CO$fOft'lOf5 alKtai; it. Sdter etMeS (hot me MlS.1he Broker. amllhe -L.iccmaec ~ UQ!: ~itlte tor mistakeJ in me MLS
de.ml'';'" of tile Pfopeny.
o Broker wmllue. _1l.'It Ii MtlllipJe Usn", Sen'ice to advenile tbc PropGrty to other real estUClllaIcHp;noM.
15. PlJB...(04TIQI'lOFSAIAtPlllCF.
A. SeU" ilt llWIn l1ulI, aew&papetllnay publillh the rUlnl sale price at\<< lleutemem.
B, Seller will 011.... pobli.hillJlor... ""e ptiU afler 5e11et _pIS .. A_onL or s...,
lJ V.. 0 No
16. SIGNS" KlIYS Sdler allows (wll\Jo "......d),
~ Yei c:t No SlIe Sip }Il Vti t1 No Sold Sian
'd v.. ;t1 No lCey in Office ~ V.. 0 No Lo.k BOll
Ov..'ONo
17. ITEMS IHCLlJDEI) IN THE PRICE OF THE PROPit'iiTV"
A. lac1udod in ~ _ atId pul'Ch~ price are an er.isling itoms petmlmet1t1Y' ioscaued in the Propeny. fme of liens, incJudins
plumbinlli heatingi ligbiing tj",\Ul"CII (including cbartdolieril and ttilins fans): water'trealn'llml li)'Wlftd; pool.rr.qd Mjiii tqutpJftenc
proge dclCtr~ aOO: h"ansmitters: wleri&im omttnnas; sbnJbbtry. plluttinp. and ~ ~ any ICnnUoiRl hcIUDI and
cooltin.s fuelfllrnred em the Proport)l3t tl\e: time of settlement; w4ttto Wf1I1l:ftrpeU~ window coverlnc JwrdWlR. $hadeS. and
bfind5: ttuik.in :1irOOddidol1C!l'Il: huilt.in <qJjJtianccs. aim tho range/oVtl1l. AlIIO hu!~:. A -~ 4A1t 'i1?.."L.
.Met. r<W'.~~ . . , ". . "-.--
B. a ~ IllIbChcd a for aliIittl m6 il'ld~1ded-m lhe '"1le.
111. lTIMS NOT INCI.IJIII!l) IN THE CIl ontl\! PIlOP8RTY
The~ lowillJlltt are iIlC\udf'lIn;;~~~~d ".pfIheP"'JlOdY: , _
A. j~t.l~C " " .trJw.~ll'V\ ......I~,tu-.. ',"- J''l'JII<rl/~,.r.h)lIA+.~
.... .' --- ~JiiiiI..-_...-
B. [rem. by Soller... ..__.
C, 0 See IltAI:lhed ~ for addnlr.nal iamtlmt inolWeO in me &alt.
19. St:1.L1lK WILL REVEAl. pt:I'FA.'TS" JlIMR(lNIIIF.NTAL 1IAZA\lI)S
A. Soller (inclu!liRj, SelletA elempr from dle ReQlli$tate Seller'li Di~cl~ Act) ",ill disclose atl 'known lIUllCrial dekas andIar
eAvironmenwll1aiank un a ~pitale distlnsure 1ltUlerTItQ(. A material defect it' II problcm Dr rondilion that:
(I) ill a -pouibJedaftser co dvtHOUViaa Oft mcPcopetty. or
(2) tau a Jiianificlll1l. '.dYetIIC effect on Ihe Y;l.I1I8 or tht Propeny.
B. If Sell<< fails to tbll oCknowrt m.uerial dcfeess And/or environmtm1J hazard..
(I) SoIlerwitl ftOthold 8robrbrLi~~hlf in any way;
(1) Seller wilt pn"NtCl8mtet 8JJd UcelUlDe fruln &n)' cUlims.law$uitll. and ICliOll8 that muh;
C:l) Seller win pay qt) ot'lttolctt'lJ and J.icellllCO'Ji tOM$ tfuR: tesull. This incluck5 atWmCy,' fees and coon.nrdem! pa)'menlt
or teUlemenlS (money 8R1ker ur Litemee pays U) end. a lawiult at t:1tin\)..26. If PROl'J1.RTV WAll BIllLT 1IEFQRE 1m 1"" R..id...illlt..ed.8~ ",",1_ Roduction AoL ..y.\bat.1ll' s.I.., of
prc'PC'ly built before 1978 .nwit givQ the buyer &l1 BPA pnmpblOt tided PmJ~CI f'lHIf J:'mnily Fmm ~ ill Yutu' H~. The Sener
.1.. muJt ttlllb, buyoraml Ihe Brokor what tile S,U., k..... ......Joad.bMeoI !lIlInlond lead...."" point _,bet... in '" on
lilt P.....ny 1><.1.. M'lil. Soller..... 101\ rbe blIyor .....\he Seller Imow> tll.. _pniM .nd __ paint IieaanIa Me on
~ pruJ2Crt)'. where 1M lood..~ plUM und lead~bosed point bUlll'lk are, tbe ClPMhioa ofdlepaintadllurtllCCi, ilt1d OO101her infut"
ftI:uilln !dler Iumws aOOut lead...haMcclplimlmd 1e0000ased paihl. hawdill 011 me propetty. Any Seller of . pre-1978 ilf\lCIURl muat
aoo.l gl:wllw buyer Guy reconk iHld \'\:pIJIU Ihld lhe $titer hu or ~ IC1 abOut k:ltd-bBi06 f'O,inl Of ltd-~ paint batlIrdt in or
4MUJtd Ibe propcrtt bcw, sold. the iM1Qlt'll ~ orodler dwelJinp_ in mJIt.i-fanrily ~sid&. Accnrdlng, w Ibc Acl~ a Seller must
8ivC tl hQyer 10 da.yll (unku Seller tnld rhe buyc1' iliA>> IU II. diffetem: reriod of time) f't'om 1M ~ -art Agfeoment Of SlIfe it .sisl'led
M hclY" It ....Me 1I~lMItilRW\I\l" M i,"lVlcfiorl few ptWllihk. 10Ql1-hMf!l1 pninr h..~hk dune 011 die pmpetf)'. Ru,cm. mKY ~hRofle nnI' m
haVB ~ ""k asse&t!lmem. or iMpoWcm (or tt.d ptUl'Il hozaNk done. If !he buyer cbonm not to have d\e Rleemnenl or intpeCtkm.
the buyer mUlll: inlarm dle Seller in \\triliog of lhe cftoice. Tho Act duDS f\OI require d1e Sener 1" i"'JlCl."I ror lead palm ltatamb or III
correct lead ~l~l h,: Ir.~ on Ibe- ptOpen)'. 1'beAct. dOClllat 8PP, Iy 10 hnulrin, bl.rin in 1m ('If 1111er. Ih\.
~blItIaIo ~.~. ....'013 .......~/JItfltdI~_
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02/15/01 16:51 HOMESTEAD aROlP ~ 717 7Y1 S3S5 NO. 404 _/004
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21, DliiPOlllT MONEY
A. Broker. or any ~ Sdlorand me bnYfrlUllllC in lhtA.jtecmel'l1 ofSahl. will \ccp till tkpoiit mpllicaptw' by or for rhe buyer
in an CllCrOW accouM. If held by Broker, lbiS' 6lCMW l1ttfJ\mI. \\I1n he belli 8i reqllired bJ rtIl el6ta1e Ik:enl~ laws lUld rcguJl1~
ti_ Soller _Iba'lIle...... ~'Iba dopW.lIlOlli.. may..ait III dopW. any._ _t Ihal i. -.ed ..
dtptIIit money unril SeJIIt has accoynod: M oWer.
B. If Seiter jOiN! 8roker or l..iclmlU!e i","lawsuit for the Mum of deposh monies. Seller wm pay Broker', and l.ic:cnsee'~ aitor-
neY'"fees lIlIl\.......
U. IlECOVERY FUND PennKYlvania I~ 0. Real- P..IWe Recovery Fund (tho Pu~ IU repuy uny pet80n Whn """ ~ivcd Cl final
court mlilll (~'ivil jlUiAmenO against II hnM)/lvcmio. real estwc Ii~Mee becll\T&e or fmud. lJlitll'l!preS&!tlt&lion. or deceit in iii real
ClltaI'e mmll!lCikm. the Ful'ld tef'8}'A penilJIUl woo t'llve not ham _10 coUeec the jadgmtat tt\orlryina all lawful wn)lll to do i:a,
,,'" oompt... detAil' ......, "'e I,""", call (117)711:1-3 . or (800) 812.2113 (wilhin PO"II)'I...I.) lIlIl\ (117) 78:1-4854 (..".;c!e
PcnrJj)'lltlUUa),
13. tIlANSftlllIll'rm& CONTBAt.'.
A. Brak.efwUl1\f1tify . ietelyill tmgifBrott~r Ifcrttbi50~llOQnothubrnk__when:
(I) B..kat '.,ps doina Oll ~
(2) Broker ((lrml it new Itat hOQ. ()R
(3) _ joins Iti. Inl-. .
Seller 8greoK lbllL 8",,* may t '11 C,uftttaCl ' Iter. 8mku will notify Seller immecfiare.ly in writing wtMm
It trans(orOWUril 0' BOOker," """ 111<' ., d.b,. C InlCl. SoIl....ilI 1.11n.. nil ""10.......18 .ltblB C...- "'I'"
111<...._.
B.. Should Seller cJvc or tmn'8: , the:: Pm"orty. Qf M ownmbip intUN.'11 in it. to l\I'Iyone during the lerm n( lhill COMl'llCl'. aU own-
.....ilI fqlt(\Wthe""l"_ .rlb.l. Cod_.
24. NO'l'1CE TO P11IlSQNH O....l!lIlNC 11) SllI.L OR lIl!NT BOIJSlNG IN pllllNllnVANlA _" onol..... I.... make
iI iIlngnl fur 5cI1... U'""". Of anyone.. ...lIACll, C<lLOR. RliLlCdON Of ll!lUGro(JS CRIlF.D, SI!X.0lSA81LITY (f'by.i<ol
or _mil, FAMIIJA!. STATUS ("'ildte. ._ II Yeai' of...~ AOIl (40.r .1c1er~NATIONALOllIGIN, USF. OR HANot-
1N00000001NlNO 01' SlJPI'ORT OllllUl1JIJ ANlMAI.s. or the FA(." OF RIJLATlONSHI1' Oll ASSOCIATION TO AN INDI.
VmUAI4 KNOWN TO If AVE A DfSAftn.rrv UI fC;L~ rot re1\1sing In ROil. 1\Imw. Of fenl pn1J'Ol1ieli. _ fI'h')C'lC:)', or IICfdepcL~ll
amoJW8,-Ot Ii feUOnlj: fur <<I)' deciaion reI8rin& to Ihe J.te orpropet1Y.
25. NO cnaD. CONTRACTS $olll'f willIlOt' enr... imo IUU,llwr li~tin8 agteel'nenl wi1b =lI1othcr broker lh~ beBiM before Use
F..odioa: Dale of lhie Cocutact
26;' ADDlTIONALOlifliilllI llNCll SlJLLIlR ENTF.RS INTO AN ACiRB'fiMBNT OF SA\.!!, nRO~ IS NOT RF.QlilRF.O TO
PR1lSF.NT 0TIl1iR 0I'I'\lRS,
ZT. 1N1'IlIllCONrR,tCT _ConIra<ri&tIlO._._bcI....._nndSdIer. Any._",..rin",_"1l>4l
wn mllde before lUe J'lOt a pan Mlhili Cimmu:t. .
28. CHANGES TO flUS: CONtRACT An chUi~ 10 thili OOnll'4Ct MUI1 he in wriring and lligntd by Broker und Seller.
29. 'SP8CIAL lNSTRtlCI'IONS The Off'Kt of Anome)' C"nmcrallWl not ~ uny ~1lI condihoAs (\f addiuMilllcnYlll
adc1cdb)' any paniec. MY speCial COPtIitictns QrilddhiMallttfnll il\ IheCIJRU1tCI mUH eom;>>y with lite PenAAylvaniaPlain La..
ConaPm<r C_^",
.\ll1l1l1oNALI_TlON(Ol"I'I(IIIIAL)
3lL TUES, ll'l'IJ.lTIKS,'" AIiSOCl'ATlON rmrs
A. At \WlIemeM, Seller win pay nne-half13rthe IoraII\eaI Estme 'fromNfcrn.-O$, unless othotwi5e tlUllCd here:
B. RcalF.srate"""'""yTa...._,$ Yearly Tall.. $
Wa&<ll...... Tall _.... PorCop;ra Tax $
C. 'P..RImated Uti1itiC$l (t.ras.b. water. sewer. eleelric.. Cti. oil. etc.)
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B. Other ..
31. BllYBIl FINANCING Soller ""It ....,. the foIIn..ins lll!lIn........ rot IluyOt ., pay lot .be PrDpcr1y;
o Cull
o B_..iII.pplyfnr....._, 'I)<pe(.)of_""'"J>labI<toSdIctBIC:
Cy..ONoCon......... OYetONoFllA
o Y.. ON. VA 0 Y.. ON.
e Soller', help '" __ (If ..,,):
Selter............. CmlBumerNlllke .....PIoIl by.... Stale RItll_ CaIr!mIaaIna at.... Po. Code '35'-
AD _ .......Ip IllfaConlncl.
NO'l'1CE BP'ORliiSIGN1NG: IF~HASL"(,"'t.Q1ll1S11ONS.SllLLEll1SAD_TOCON8lll.T All ATl'OIINIlY.
Sh'LLll& lL 1J.IM...&___t. -=-- DAtil lit , J 0 ,
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VERIFICATION
I verify that the statements made in the attached complaint are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
Date:
L/I~/()1
I f
lJ o. ts=l
Way~niS
^,'
Wayne Janis,
Plaintiff/Petitioner
V.
Alisa E. Janis,
Defendant/Respondent
.
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t
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-1078 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, James A. Miller, Esquire, hereby certify that on the date indicated below I forwarded a
copy of the foregoing PETITION FOR SPECIAL RELIEF to the persons and on the date and in
the manner indicated below.
DATE: f J"I/).w 7 /--ct ).rJ7J I
UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID
Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
Attorney for Respondent
Date:
~~;:W~I
James A. ller, Esquire
arket Street
Camp Hill, PA 17011
(717) 737-6400
Attomey for Petitioner
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Wayne Janis,
PlaintifffPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
Alisa E. Janis,
Defendant/Respondent
CIVIL ACTION - LAW
IN DIVORCE
RULE
AND NOW, this -If- day of ~ 2001, upon review and
consideration ofPlaintiffi'Petitioner's request for Special Relief, a Rule is hereby entered upon
DefendantlRespondent,
RULE RETURNABLE _, ')'- days from the date of service. ;.a..n~ Q+1'!V~'-,
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Wayne Janis,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
~
1
NO. 00-1078 CIVIL TERM
AIisa E. Janis,
DefendantIRespondent
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
/~
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1
lIlliiIM.,
Wayne Janis,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
AIisa E. Janis,
DefendantlRespondent
CIVIL ACTION - LAW
IN DNORCE
PETITION FOR SPECIAL RELIEF PURSUANT TO 23 Pa.C.S.A.
SECTIONS 3323(t}OF THE DIVORCE CODE AND PENNSYLVANIA
RULE OF CIVIL PROCEDURE 1920.43(a)(3)
TO THE HONORABLE JUDGES OF THE SAID COURT:
Petitioner, Wayne Janis, by his undersigned attorney, files this Petition for Special Relief
in order to preserve and protect the parties' marital property and, in support of the Petition,
respectfully represents that:
1. Petitioner, Wayne Janis, is the plaintiff in this divorce action and currently resides
at 800 Grantham Road, Grantham, Pennsylvania, 17027.
2. Respondent, AJisa E. Janis, is the defendant in this divorce action, and, currently
resides at 37 S. 18th Street, in Camp Hill, Pennsylvania, 17011.
3. The parties are husband and wife, having been married on June 14, 1986, in
Grantham, Pennsylvania.
4. The parties have since separated and reside in separate residences.
5. This action was commenced with the filing of a Complaint in Divorce on
February 25, 2000, and amended Complaint in Divorce in March 2, 2001, in which Wayne Janis
included claims for, inter alia, a divorce on the grounds set forth at Sections 3301(a) and (c) of
the Divorce Code, and equitable distribution of marital property.
6. During the course of the marriage, the parties acquired assets, including real and
personal property, which constitute marital property within the meaning and intent of the
.1
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Pennsylvania Divorce Code and which are subject to equitable distribution as well as marital
debts,
7. Said assets include, but are not limited to, the jointly owned real property located
at 122 54111 Street Front, Sea Isle City, New Jersey ("the property").
8. Said property was purchased as a vacation home for the parties and their children;
the property is not a rental property that generates income.
9. There is a present mortgage held by Wells Fargo Bank as mortgagee with an
estimated balance of $84,500.00 with monthly payments of $835.00 and utilities that
approximate $100,00 per month for a combined total of approximately $935,00 per month.
10. Petitioner has been solely responsible for the mortgage payments and all other
expenses of the property without any contribution from Respondent.
11. Petitioner has also been solely responsible for the monthly mortgage payment of
$592,65 on the marital residence located at 136 North 33rd Street, Camp Hill, Pennsylvania, the
taxes of $133.33 per month, insurance in the amount of $25.00 per month and utilities that
average around $225.00 per month for a combined total of approximately $976.00 per month.
12. Petitioner is also obligated to pay his own monthly mortgage payment of$853.87
on 800 Grantham Road, Dillsburg, Pennsylvania, plus insurance(s) and utilities that exceed
$300.00 per month, for a combined total of$1154,OO,
13. In addition to maintaining the property, his own residence and life, and the
parties' marital residence, Petitioner has been providing significant financial support to
Respondent.
14. By Order of Court dated March 22, 2001, to Cumberland County Court of
Common Pleas, number 00091 S 2001, Petitioner pays child support to Respondent in the
monthly amount of $2, 118.66 for three (3) children, ages 13, 11 and 4,
15. Further, by Order of Court dated April 6, 2001, to this term and docket, Petitioner
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pays Respondent alimony pendente lite in the amount of$I,585.00 per month1
16. Petitioner believes and has submitted evidence in support thereof that his net
monthly income from teaching and self-employment is approximately $5,000.00.
17. The amount(s) paid to Respondent by Petitioner pursuant to the existing court
orders exceed fifty (50%) percent of Petitioner's net monthly income.
18, In addition to paying Respondent approximately $3,700.00 in support per month
which exceeds fifty (50%) percent of his net monthly income and the other marital obligations
set forth above, Petitioner pays approximately $1000.00 per month towards unsecured marital
debts which approximate $28,000,00.
19. Petitioner cannot sustain the payments as they presently exist.
20, All of the payments outlined above exceed his net monthly income.
21. Petitioner believes and therefore avers that the neighbor of the property IS
interested in purchasing Petitioner's vacation home.
22. Petitioner believes and therefore avers that even if the neighbor is not interested in
purchasing the property, the market for selling the property is now and listing the property now
is appropriate.
23. Petitioner believes and therefore avers that equity exists in the property and such
would be added to the marital estate for distribution upon the entry of the final decree in divorce.
24, Petitioner believes and therefore avers that by allowing such sale, Petitioner's
monthly debt service would be alleviated somewhat and further, provide the parties with
additional liquid assets to distribute by way of equitable distribution through an agreement or by
the Master.
25, Respondent pays absolutely no portion of any marital debt.
26, Respondent has evidenced a total and willful disregard for Petitioner's financial
Petitioner filed appeals to both the March 22, 2001, child support Order and the April 6, 2001, Alimony
Pendente Lile Order, Hearings have nol been seheduled in either matter as of the filing of this Petition for Special
Relief.
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circumstances and his inability to preserve the marital estate.
27. Respondent has, through counsel by letter dated March 26, 2001, unequivocally
stated that she will not cooperate in the sale of Sea Isle property in part based upon your
Honorable Court's March 2, 2001 Order of Court (attached hereto as Exhibit A is the March 2,
2001, Order of Court preventing the parties from dissipating marital assets absent a written
agreement or further court order. Exhibit B is Respondent's counsel's March 26, 2001, letter to
the undersigned indicating that Respondent won't address the sale of Sea Isle).
28. It is believed and therefore averred that Respondent's unwillingness to cooperate
in the sale of Sea Isle is motivated out of spite and personal gain,
29. It is believed and therefore averred that since Respondent is not gainfully
employed, and having only been attributed with earnings of $347.00 net per month by the
Domestic Relations Office for Cumberland County, she intends to spend a great part of her
summer relaxing at the Sea Isle property.
30, Petitioner's attempt to preserve the marital estate and residence, and providing
significant, excessive financial support by court order to Respondent is financially burdensome.
31. Given the dire financial circumstances concomitant with Petitioner's maintenance
of the property in which neither party resides but is simply a vacation home, it is clear and
evident that Respondent has undertaken a course of action directed at destroying the marital
estate and Petitioner's financial condition,
32. Respondent's conduct and behavior rises to the level of being obdurate and selfish
wholly determined to destroy Petitioner at all cost.
33. It is believed and therefore averred that the only manner by which the marital
estate can be preserved is to permit the sale of the property and that by allowing Respondent to
interfere with the sale only further dissipates the marital estate.
34. Pursuant to Section 3323(f) of the Divorce Code, your Honorable Court has "full
equity power and jurisdiction and may issue injunctions or other orders which are necessary to
protect the interest of the parties or to effectuate the purposes of this act, and may grant such
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35. Pursuant to Pa. R.C.P. 1920.43(a)(3), your Honorable Court has the authority to
enjoin Respondent from further destroying and dissipating the marital estate by entering an order
that grants Petitioner the power to proceed with the marketing of the property without involving
Respondent or requiring her participation in any regard; more specifically, 1920.43(a)(3)
provides:
(a) At any time after the filing of the complaint, on petition setting
forth facts entitling the party to relief, the court may, upon such terms and
conditions as it deems just, including the filing of security,
(3) grant other appropriate relief
36, The relief sought by Wayne Janis:
a, is necessary to protect his interests in the marital property;
b. is necessary to effectuate the purposes of the Divorce Code;
c. is required by equity and justice,
37, Alisa E. Janis has evidenced her intent to undermine the sale of the property,
which thereby ultimately destroys the financial condition of Petitioner as well as having
established Respondent's intent upon dissipating marital assets.
38. Wayne Janis has no adequate remedy at law.
39, Wayne Janis will suffer irreparable harm and forever lose certain rights to
equitable distribution of marital property if Alisa E. Janis is permitted to continue in her course
of financial destruction of the marital estate.
40, Under the circumstances and given the extraordinary financial burden that
Petitioner has been caused to solely endure and may possibly continue to suffer from in the event
relief is not granted, your Honorable Court must arrest Respondent from further destruction
aimed at Petitioner and the potential dissipation of assets.
41. Pursuant to Section 3323(1) of the Divoree Code, the relief sought by this Petition
can be fairly and expeditiously determined and disposed of in this action,
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WHEREFORE, Petitioner, Wayne Janis, respectfully requests your Honorable Court
enter an order directing:
A. the sale of the Sea Isle City, New Jersey property by Order of Court;
B, that Alisa E. Janis be ordered to pay to Petitioner his reasonable counsel fees
which were incurred for prosecuting this Petition; and,
C. such other relief as this Court may deem appropriate.
Respectfully submitted,
,
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. ler, Esquire
2010 M et Street
'11, PA 17011
7) 737-6400
Attorney for Petitioner
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WAYNE JANIS,
Plaintiff/Petitioner
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALISA E. JANIS,
Defendant/Respondent
NO. 00-1078 CIVIL TERM
ORDER OF COURT
AND NOW, this 2nd day of March, 2001, this matter
having been called on a petition for special relief, the
parties having reached an agreement, IT IS ORDERED:
1. Neither party shall dissipate any marital assets
absent a written agreement or a further order of court.
2, Husband shall have control over the marketing of
the property with Homestead Group, Inc, At all times the
listing price shall be as agreed to between the parties, and
any sale shall require the agreement of the parties.
3. Wife shall have until March 19, 2001, to remove
all property, including personal belongings, from the
residence.
4. The net proceeds received by husband from the
sale of his separately titled but marital Ford GMC Yukon shall
be placed in escrow pending distribution upon the final
resolution of the case.
By the
Edgar B. Bayle 'J,. ",".
James A. Miller, Esquire
For Plaintiff
Michael S. Travis, Esquire
For Defendant
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MICHAEL S. TRAVIS
ATTORNEY AT LAW
4076 MARKET STREET. SU ITE 209
CAMP HILL, PA 1701 I
TELEPHONE (717) 731-9502
FAX (717) 731-9511
March 26, 2001
James A. Miller, Esquire
2010 Market Street
Camp Hill, PA 17011
Re: Wayne Janis v. Alisa Janis, No. 2000-1078
Dear Mr. Miller:
Enclosed for service please fmd a praecipe for entry of a bill of particulars in the divorce.
I will try to address some of the issues you raise in your March 19, 2001 letter. Because of the
coming support appeal which is anticipated from your client, we will be unable to address all of
the issues.
I note your objection to the request for an audit. Please provide Mr. Janis' 2000 General
Ledger for Janis Technologies, Inc. Our accountant may need more information later, but we
will keep our requests to what is absolutely necessary at this time. It looks like your appeal on
support will become the time and place where complete disclosure from Janis Technologies will
be immediately relevant. Therefore, ifMr, Janis will voluntarily provide that information, we
may request a delay in the hearing to gather that information for a hearing before the Court.
Regarding piece meal settlement, r am never opposed to it, if it will move the caseto
conclusion. Generally I take the position that if we can settle what we agree upon, it will narrow
the issues for trial. That is why I repeatedly asked Mr. Janis ifhe wanted to stipulate to the
amount of support raised in his offer of settlement. I thought it made more sense to do that rather
than go to a hearing. We note that Mr. Janis' settlement proposal from Attorney Smith has been
withdrawn, apparently because Ms. Janis took discovery, and on your advice.
We will address the Yukon issue before the divorce master if necessary. As the funds are
in escrow, I see no reason to belabor the point. A 65/35 split favoring Ms. Janis remains our
settlement position should you wish to discllss settlement.
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March 26,2001
Page 2
Thank you for removing yourself from the settlement in the marital home issue, I believe
you have acted appropriately. The suggestion that you remove yourself from the case was
completely mine and had nothing to do with Ms. Janis.
With respect to Mr. Eramo, he has nothing to do with the divorce. We request that you
respect my client's post separation privacy and keep him out of the discussion. Conversely, we
have no interest in what Mr. Janis has done post separation as well.
As to custody, I understand the parties existing custody arrangement, while tenuous, is
functional. My client respects reasonable periods of visitation with the father. IflYir. Janis
would however, make arrangements to pick up the children prior to dinner on the appointed week
night visitation, it would certainly go a long way towards reducing friction.
We are not in a position to discuss the Sea Isle City property. The existing order that
assets not be dissipated is the best way to guard my client's interests at this point.
The issue of taxes was addressed at the support conference. You indicated that your
client will prepare estimated returns based on married filing jointly and separately. Please
provide us copies of those estimates.
The idea that my client "dissipated" assets from the York County property is a incorrect.
You ate aware that the property was sold and was provided to Ms. Janis for her benefit before the
order was entered. Is she also to stop purchasing groceries with the money for the children?
That is all the money my client had to live on when Mr. Janis decided to stop paying support, A
situation that is only now being corrected. It is also my understanding that Mr. Janis has
purchased a home for himself. I think both parties have their hand sufficiently full that
allegations of this nature should not be made.
As to the discussion of the tape recordings, please provide me legible copies so that I may
review and discuss them with Ms, Janis.
MST/hm
encl.: praecipe
pc: Alisa Janis
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VERIFICA liON
I verify that the statements made in the attached complaint are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to
authorities.
Date:
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Wayne anit1
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Wayne Janis,
PlaintitTlPetitioner
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-1078 CIVIL TERM
Alisa E. Janis,
DefendantIRespondent
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, James A. Miller, Esquire, hereby certifY that on the date indicated below I have
forwarded a copy of the foregoing PETITION FOR SPECIAL RELIEF to the persons and on the
date and in the manner indicated below.
DATE: Il/JIr-lj f /LJrJ I
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UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID
Michael S, Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
Attorney for Respondent
Date: //Ilvf-V 7 }1JP/
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James A. 'ller, Esquire
2010 arket Street
mp Hill, P A 17011
(717) 737-6400
Attorney for Petitioner
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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Plaintiff
CIVIL ACTION - LAW
vs.
NO.DD - 1078
IN DIVORCE
Defendant
STATUS SHEET
CIVIL
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WAYNE JANIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1078 CIVIL
ALISA E, JANIS,
Defendant
IN DIVORCE
TO: James A. Miller
Attorney for Plaintiff
Patrick F, Lauer, Jr,
Attorney for Defendant
DATE: Wednesday, September 12, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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8 S. Hanover Street
Carlisle, PA 17013
(717) 241Hi971
THE LAW OFFICES OF PATRICK F. LAUER, JR.
2108 MARKET STREET, AZTEC BUILDING
CAMP HILL, PENNSYLVANIA 17011
(717) 763-1800 FAX (717) 763-4247
1.s00.s22~LAW
932 N. Second Street
Harrisburg, PA 17102
(717) 232-7747
Patrick F. Lauer, Jr., Esq.'
Matthew J. Eshelman, Esq.t
Marlin L. MarJdey, Esq.
Reply to Camp Hill Address
www.dui-na.com
September 24,2001
RE: Janis v. Janis, 00-1078 Divorce
Robert E. E!1ickl~r, Esquire
9 N. Hanover Street
Carlisle, PA 17013
Dear Mr. Ellicker:
Enclosed is my response to the discovery certification that you requested. If you have any
questions or concerns, please do not hesitate to contact me,
Very trulyyours,
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Patrick F. Lauer, Jr., Esquire
Enclosure
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, Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy
t Board Certified in Consumer Bankruptcy Law by the American Board of Certification
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WAYNE JANIS,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1078 CIVIL
ALISA E. JANIS,
Defendant
IN DIVORCE
TO: James A. Miller
Attorney for Plaintiff
Patrick F. Lauer, Jr,
Attorney for Defendant
DATE: Wednesday, September 12, 2001
CERTIFICATION
I ceTtify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
inteTrogatories or discovery motions.
Defendant has reqested information regarding the financing of
Plaintiff's townhome and written statements regarding fault grounds
for divorce. Additionally, both counsel are in the process of
scheduling depositions. Otherwiser there are no outstanding
interrogatories or discovery motions.
**Currently awaiting completed appraisals for property.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Discovery is expected to be completed with depositions within
three (3) montas of today's date. Both counsel have working
amicabley in regard to filling discovery obligations and
scheduling depositions.
1/24/20(1/
DATE '
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NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THl'_T DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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Wayne Janis,
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No.: 00-1078
Alisa E. Janis,
Defendant
Civil Action - Law
In Divorce
MOTION FOR APPOINTMENT OF MASTER
Wayne Janis, Plaintiff, by his attorney, James A. Miller, Esquire, hereby respectfully reqnests
that your Honorable Court appoint a master with respect to the following claims:
1.
4.
Divoree 2,
Alimony Pendente Lite 5.
Distribntion of Property
Cost/Expenses
3.
Alimony
and in support of this motion slates:
1. Diseovery is eomplete as to the claims for whieh the appointment of a master is requested.
2. Defendant has appeared in this aetion by her attorney:
Law Offiees ofPatriek F, Lauer, Jr.
Patriek F. Lauer, Jr., Esquire
2108 Market Street
Aztee Building
Camp Hill, Pennsylvania 17011
763-1800
3. The statutory ground(s) for divorce is 3301 a & e.
4. The aetion is eontested with respect to the following claims: exeepting divoree, all claims raised
are contested. The action involves eomplex questions of law and faet. The hearing is expeeted to take one
day,
Date: Tuesday, September 04,2001
Respectfully submitted,
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J , Miller, Esquire
Counsel for Plaintiff
2010 Market Street, Camp Hill, P A 17011
(717) 737-6400
ORDER APPOINTING MASTER
And now, this (, 0 da?, of,d, 1:!;~~200l, E, Robert Elicker~ II, Esquire, is
appointed master WIth respect to the followmg chums:
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Defendant
Certificate of Service
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In the Court of Common Pleas
Cumberland County, Pennsylvania
No,: 00-1078
Civil Action - Law
In Divorce
CERTIFICATE OF SERVICE
I, James A. Miller, hereby certify that I have forwarded to the person(s) on
the date and in the manner indicated below a copy of the preceding document.
Date: Tuesday, September 04, 2001
UNITED STATES FIRST CLASS MAIL
Law Offiees ofPatriek F, Lauer, Jr.
Patriek F. Lauer, Jr., Esquire
2108 Market Street
Aztec Buildiug
Camp Hill, Pennsylvauia 17011
James A. Miller, E
2010 Market St t
Camp Hi 17011
37-6400
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Plaintiff,
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLV ANlA
: NO. 2000-1078 CMLACTION
ALISA JANIS
Defendant
: IN DNORCE
P~AR0.TPR 'T'() WT'I'I-llWAW APPRA~ANCE
TO THE PROTHONOTARY:
Kindly withdraw me as the attorney of record in reference to the Plaintiff in
the above-referenced case.
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ael S. Travis, Esquire
4076 Market Street, Ste., 209
Camp Hill, P A 17011
ID# 77399 (Tel. 717) 731-9502
Date:
PR A R0.TPR TO 'RNTRR A PPRA R A N0.R
TO THE PROTHONOTARY:
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2108 Market Street, Aztec Building
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ID# 46430 Tel. (717) 763-1800
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Wayne Janis,
Plaintiff/Petitioner
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1078 CIVIL TERM
: CIVIL ACTION -LAW
: IN DIVORCE
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AIisa E. Janis,
DefendantIRespondent
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ANSV\-'ER TO
PETITION FOR SPECIAL RELIEF PURSUANT TO 23 Pa.C.S.A.
SECTIONS 3323(t) OF THE DIVORCE CODE AND PENNSYL VANIA
RULES OF CIVIL PROCEDURE 1920.43(a)(3)
TO THE HONORABLE JUDGES OF SAID COURT:
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AND NOW COMES, Respondent Alisa Janis, by and through her attorney, Michael S.
Travis and files this Answer to Plaintiff's Petition for Special Relief and answers as follows:
I - 7. Admitted on information and belief.
8. Admitted in part, Denied in part. Admitted that the property was purchased as a
vacation home for the parties and their children, admitted that the property generates no income.
Denied that the property will be used for a vacation home in the future. By way of further
answer, Respondent, Alisa Janis wishes to relocate to the property and maintain it as her primary
residence.
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9. Admitted on information and belief.
10. Admitted in part, Denied in part. Admitted that Petitioner may have been paying
payments and expenses associated with the property. Denied the implication that Respondent is
not contributing her share, Petitioner owes substantial support arrears which comprise almost all
of Respondent's income and ability to contribute to marital assets.
II. Denied. The parties have vacated the premises and the marital home is presently
under lease with a new buyer. There should be no utility bills for the premises. Petitioner is
under obligation by agreement to provide a breakdown of expenses which he has not done.
12. Denied. Respondent is without information to admit or deny the averment of
Paragraph 12. By way of further answer, Respondent has her own living expenses, is raising the
parties three children while Petitioner is substantially behind in support payments to Respondent.
13. Admitted in part, Denied in part. Admitted that Petitioner is under support
obligation. Petitioner owes substantial arrears and is currently contesting Support and Alimony
Pendente Lite. A complex hearing on the matter is set for June 25, 2001.
14. Admitted in part, Denied. in part. The amount is admitted. Denied that Petitioner
has paid these amounts since the petition for support was filed.
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. 15. Admitted in part, Denied in part. The amount is admitted. Denied that Petitioner
has paid these amounts since the petition for APL was filed.
16. Denied. Respondent is without information to admit or deny the averment strict
proof is demanded at trial. '
17. Denied. The amounts speak for themselves. By way of further answer, and award
of ~upport may exceed 50% of net income where arrears are owed. By way of further answer,
PetitIOner's net income is also disputed, it is believed and therefore averred that Petitioner's
business Janis Technologies, Inc. earns substantially more than stated.
18. Denied. Respondent does not have knowledge to admit or deny the averment of
Paragraph 19. By way of further answer, Petitioner was able to purchase a new home with eash
from his business, while Respondent struggles to make ends meet in her rented home.
19. Denied. Petitioner has caused his fmaneial distress. Petitioner's business
grossed $164,675.00 last year, plus other income. Petitioner has failed to provide information
which has prolonged the divorce. Petitioner took and sold Respondent's vehicle without
agreement leaving Respondent without reliable transportation. It is averred that Petitioner did
these acts because Respondent requested financial discovery of Petitioner's business.
20. Denied. Petitioner had income sufficient to support the marital home, the
vacation property and investment property during the marriage. By way of further answer, if
Respondent maintains the property as her residence, Petitioner's alleged distress would not exist.
Further, Petitioner has money from the sale of the parties investment property in York County.
21 - 22. Denied. Respondent is without knowledge or information to admit or deny the
averment. By way of further answer, Respondent wishes to maintain the marital property as her
primary residence.
23. Denied. Respondent wishes to receive any marital equity by maintaining the
home which would be credited to Petitioner in equitable distribution.
24. Denied. It is denied that Petitioner has a debt service problem as evidenced by the
purchase of his own home post separation. By way of further answer, Petitioner has made
decisions regarding sale of marital assets with complete disregard for Respondent's preservation
of the marital assets, as evidenced by Petitioner's taking of the light truck driven by Respondent
leaving her without reliable transportation.
25. Denied. Petitioner has made no claim for payment of marital debt. Respondent is
without information to know what debts if they exist are marital.
26. Denied. It is specifically denied that Respondent has disregarded any
circumstances to preserve any marital assets. By way of further answer, it is Petitioner who has
acted with complete disregard for preservation of mar!tal assets wh~ch Respondent may.n<;Jt wish
to sell. Byway of further answer, the divorce master IS the appropnate body for determmmg
equitable distribution in a comprehensive setting.
27. Denied. It was stated only the Respondent was not prepared to diseuss it at that
time. By way of further answer, it is Petitioner's "fire sale" approach to marital asset.s and d~lay
in paying support which have made it not possible to discuss the sale of the property m question
until this time.
28. Denied. Respondent's desire to maintain the property as her J?lafital r~sideJ?-ee is
her only motivation for not wanting to sell the property. Respondent has no mterest m actmg for
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spite or personal gain, other than what she is entitled to in equitable distribution.
29. Denied. Your Respondent is employed part-time in addition to her full-time
duties as a mother of three. Further, Respondent has been blocked access to the property in
question, apparently to allow Petitioner to relax at the property in question. Petitioner's actions
are in complete disregard for the marital property nature of the asset, and are indicative of his
controlling and manipulative methods of attempting to rush the sale of marital assets for less than
full value, to the detriment of Respondent.
30. Denied. Petitioner grossed $164,675.00 in his business Janis Teehnologies, Ine.,
purchased a new home post separation and has sold marital assets without agreement of the
parties. His obligations have reduced, not increased since separation.
31. Denied. Respondent avers that Petitioner's circumstances are not dire, and that
strict proof is demanded at trial. Respondent intends to maintain the home as her primary
residenee and that is her only motivation.
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32. Denied. Respondent's conduct is not vexatious in wanting to maintain a home for
her and the parties children. It is Petitioner's posture and attempt to sell assets at all cost which
is vexatious, selfish and obdurate.
33. Denied. There are multiple methods of preserving the asset, including rental by
third parties, permitting residence by Respondent or other alternate arrangements. The asset is
not in danger of dissipation, and Petitioner has been able to afford his own post separation home,
and Respondent should be permitted to do the same.
34. Admitted. By way of further answer, sale is not the appropriate remedy. The
property should be granted to Respondent as all other assets are controlled by Petitioner. If
Respondent is granted the residence she will be able to maintain the asset until the case can be
eompletely reviewed by the master or Court.
35. Admitted. By way of further answer, Respondent requests that the Court use its
authority to grant control of the marital asset to Respondent.
36. Denied. The relief sought by Wayne Janis is not necessary to protect his interest
in marital property. His interest can be protected by granting the property to Respondent and
receiving a credit for marital equity at division of property. The relief sought by Petitioner is not
necessary to effectuate the purposes of the Divorce Code. The relief sought is for the
convenience of the Petitioner and bears no regard for right of Respondent to the marital asset.
The relief sought by Petitioner is not required by equity and justice. The interests of equity and
justiee are to award the property to Respondent as her primary residence.
37. Denied. Respondent has not evidenced any intent to undermine the sale of the
property. To the contrary, Respondent has merely stated that she was not prepared to discuss the
disposition of the marital asset. The relief requested by Petitioner may improve his financial
eondition but only to the detriment of Respondent which is contrary to her rights under the
Divorce Code.
38. Denied that Petitioner has no adequate remedy at law. To the contrary the interest
of both parties are better preserved by having the matter fully adjudicated by the Court,
presumably before the divorce master.
39. Denied that Petitioner will suffer irreparable harm if the relief requested is not
granted. To the contrary, Petitioner will suffer no harm at all if the Respondent is permitted to
retain the property as her primary residence. Respondent would be able to assume expenses
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attendant with the property as soon as she could move and settle her current lease.
40. Denied. No detrimental financial burden has been demonstrated. Petitioner's
appropriate time to demonstrate that to the Court would be at the support hearing on June 25,
2001. The characterization of "destruction" and "dissipation" of assets are complete
mischaracterizations ofthe simple fact that Petitioner has all the marital assets and burdens
attendant with them, and now wishes to unload them to the detriment of Respondent.
41. Denied. Allowing the Petitioner to sell the asset without a complete review of all
marital property would be unfair and inequitable. To date Petitioner has squandered and taken
for himself nearly all marital assets. Respondent was left with only a poorly functioning auto, a
claim for support, which Petitioner denies, and some money from sale of investment land, which
Resp.ondent has had to live off of since separation while Petitioner controlls all other assets of the
mamage.
WHEREFORE, Respondent, Alisa Janis respectfully requests that the Honorable Court
Deny the Petitioner for Special Relief as requested, and
A. Order that the property of Sea Isle City New Jersey be awarded to Respondent
pending further Order or agreement of the parties; and
B. Award Respondent counsel fees, costs and such other relief as the Court deems
fair and appropriate.
y Submitted,
lchael S. Travis
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Attorney for Respondent
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Wayne Janis,
Plaintiff/Petitioner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1078 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
Alisa E. Janis,
DefendantJRespondent
VERIFICATION
I verify that the statements made in this Answer to Petition for Special Relief are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
DATED: /;-,J;{ 9-01
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Alisa Janis
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Wayne Janis,
PlaintifflPetitioner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1078 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
Alisa E. Janis,
DefendantIRespondent
CERTIFICATE OF SERVICE
I, Miehael S. Travis, eertifY that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
James A. Miller, Esquire
2010 Market Street
Camp Hill, P A 17011
Dated: ::'}p -0 I
e . Travis
No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
Fax 731-9511
Attorney for Respondent
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AJisa E. Janis,
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYL VANIA
v.
Order & Docket NO.: 00091 S 2001
PASCES CASE NUMBER: 762103012
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
DR Number 30392
Wayne A. Janis,
Defendant
&
Wayne A. Janis,
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
V.
Docket NO.: 00-1078
PASCES CASE NUMBER: 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
DR Number 30550
AJisa E. Janis,
Defendant
WAYNE A. JANIS' MEMORANDUM OF LAW AND FACT
RE: APPEALS OF CHILD SUPPORT & APL ORDERS
NOW COMES, Wayne A. Janis, by and through his attorney, James A. Miller,
Esquire, and submits the following memorandum of law and fact in support of his
appeals to the child support order entered on March 22, 2001, and the APL order entered
on April 6, 2001, to the above terms and dockets:
A. FACTS:
1. Wayne A. Janis ("Husband"), born on July 2, 1960, resides at 800 Grantham
Road, Grantham, Pennsylvania.
2. Alisa E. Janis ("Wife"), born on September 24, 1960, resides at 118 S. 31"
Street, Camp Hill, Pennsylvania,
3. The parties were married on June 14, 1986, and separated finally for the
second time on or about January 5,2001.
4. Husband and Wife are the natural parents of three minor children all born
during the marriage; namely, Danielle N., age 13, born on August 6, 1987;
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Jessica 1., age 12, born on July 10, 1989; and, Noah W., age 4, bom on April
17, 1997.
5. The minor children reside primarily with Wife with Husband having limited
periods of partial custody,
6, Wife rents her home with montWy rental payments of $625.00 but has
indicated that her montWy living expenses exceed $3,585,00 per month1
7. Wife attended Toecoa Falls College, Toccoa, Georgia and graduated from
Carson-Newman College, Jefferson City, Tennessee in 1983, with a Bachelor
of Science degree in elementary education and possesses a teacher's
certification.
8. Wife taught seventh and eighth grade English and Reading at Bible Baptist
School in Shiremanstown, Pennsylvania, in 1983 and 1984, earning
approximately $9,000.00 annually?
9. Wife was a flight attendant and customer service manager for People Express
Airlines from 1984 to 1986 earning $22,000.00 annually plus a per diem3
10. Wife has also worked as office support staJt from 1986 to 1987 and in retailS
from 1988 to 1994.
II. It is believed that Wife presently is working as a waitress for a pizza shop
with unknown precise earnings.
12. In or about the Fall of 2000, the parties agreed that Wife would seek
employment and return to full-time employment as a teacher or flight
attendant.
Rent $625; elothing $300; food $600; sundries $200; utilities $400; telephone $60; auto $650;
mediealJdental $150; ehiIdren $400; and entertainment $200. Wife's Answers to Interrogatories, number
25.
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Wife's testimony at the support eouference.
Wife's Answers to luterrogatories, number 5e.
Kelly Temporary Serviees - admiuistrative assistant for Mellon Stuart, Pizza Hut, 1986 to 1987.
UPS N DOWNS, manager 1983 to 1984; Longaberger Baskets, sales eonsultant, 1988 to 1994;
Casual Comer, Fashion/Visual Merehandiser, 1991 to 1993; JC Penny's, customer serviee manager, 1995
4
to 1996.
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13. It is believed and therefore averred that sinee separation, Wife has made no
genuine effort to seek gainful, full-time employment; rather, Wife has
unequivocally stated that she wishes to relocate to the vacation property with
the children, See Wife's Answer to Husband's Petition for Special Relief
seeking the sale of the vacation propertl.
14. Husband is the sole proprietor of Janis Technologies, lnc" an S-Corporation,
located at 725 RT 15, North, Dillsburg, Pennsylvania. He started this business
in 1998 and is paid an annual salary of $25,000,00 from the business and
received schedule K distributions in the year 2000 for $46,142.00 and
approximately $30,000.00 in the year 1999.
15. Husband has also held part time faculty positions with Penn State University
and Duquesne University, having earned approximately $14,500.00 and
$2,600.00 respectively for the year 2000. The classes offered through these
positions have dwindled considerably thereby reducing Husband's income
significantly.
16. Husband's net monthly income averages between $4,500.00 and $5,000.007
and his current monthly expenses exceed his monthly net income8 by amounts
between $2,500,00 and $3,000.00 per month. These amounts do not include
Husband's attorney fees, which averaged over the past five (5) months
approximately $1,000,00 per month.
6 Husband's petition to sell the vaeation property is seheduled to be heard at the same time the
support/APL appeals are to be heard on July 25, 2001.
$25,000.00 ammally in salary from Janis Teehnologies, Ine.; $46,142.00 in Schedule K
distributions for 2000; and approximately $17,000 in teaching income equals $88,142. This translates into
$4,811.14 net after dedueting taxes with Husband filing married/separate and one( I) deduction.
8 800 Grantham Rd (residenee) - $853.87 (mortgage - ARM), $486.16 in taxes, insuranee &
utilities; Sea Isle City vaeation home - $835 in mortgage, taxes & insuranee plus approximately $100 in
utilities; vehicle - approximately $200 in gasoline, maintenance and insurance; $28,000.00 in eredit
cards/loans with monthly payments of approximately $500.00 [used to eover marital debts]; personal and
miseellaneous expenses amount to approximately $1,000.00 [food, elothing, haireuts, papers, magazines,
tv, entertainment]; and, approximately $3,700,00 in support to Wife. Total payments equal $7,675.03.
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17. All major assets of the parties have been liquidated9 excepting one which is
the vacation property located in Sea Isle City, New Jersey.
18. Wife has a minimum earning capacity with the airlines of $22,000.00 annually
plus per diem, Wife's Answers to Interrogatories.
19, Husband's child support obligation based upon Husband's averaging monthly
net earnings of $4,811.14 and Wife's earning capacity of $22,000.00 netting
her approximately $1,587.20 per month10 would equal $1,418,90.
20, Based on the foregoing analysis, Wife would have approximately $3,000.00 in
monthly funds while Husband would be left with approximately $3,400.00 in
funds.
21. If Wife were working full-time at the above earrung capacity, Husband's
proportionate share of the daycare cost(s) for their son would be 75% or
approximately $255.00 per month and Wife's share would be approximately
$196.00 per monthll
22. Husband's monthly obligations in preserving the marital estate pursuant to 23
Pa.C.S.A. section 3502(7), i.e., vacation property expenses ($935,00 per
month) and debt service (approximately $500,00), would further reduce his
available funds to a little more than $2,000.00 per month when using the
above analysis,
23. If Wife's alleged current hourly rate of $7.00 were plugged into the foregoing
equation in place of Wife's earning capacity (preceding paragraph 18),
Husband's child support would be $1448.75 per month with his 82% daycare
contribution being $368.12.
9 The marital residenee loeated at 136 N, 33nl Street, Camp Hill, PA settled on Jnne 29,2001, and
the net proeeeds in the amonnt of $71,122.51 were placed in the parties eserow aceonnt held by their
respeetive attorneys, along with the net proeeeds in the amonnt of $2098.30 from the sale of Husband's
GMC Yukon, The parties sold Lot 3, South York Road, Monaghan Township, York Connty, Pennsylvania
ou January 8, 2001, and reeeived $46,034,95 of which approximately $25,000.00 was used to payoff
Husband's loan from his retiremeut that was used to aeqnire the property; the remaining balanee was
equally divided between the parties.
10 Wife filing head of household with claiming 4 deduetions.
II Dayeare for their son is estimated to be approximately $450.00 per month.
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B. APPLICATION OF LAW TO FACTS:
Pennsylvania domestic relations laws are and were designed in order to attempt
eeonomic justice between a Husband and Wife when in throws of a divorce.
Theoretically, this seems the most prudent course. Practically, competing positions
between the parties will make such a result appear tenuous at best.
In this case, we have a Wife who is presently not gainfully employed while
receiving under two (2) existing support Orders, significant financial support from her
Husband. Wife contends that the "nurturing parent doctrine" controls this case therefore
precluding an "earning capacity" assessment.
On the other hand, we have the Husband who is willing to pay child support
ealculated upon an accurate assessment of his net montWy income with a practical
assessment of Wife's earning capacity being made. Wife's "needs" pursuant to her APL
claim would then be eliminated once the child support calculation is performed given the
parity of available montWy net funds between the parties and available resources to both.
"[T]he 'nurturing parent doctrine' is not an absolute rule; it is but one factor to be
considered by the trial court in determining whether to excuse the parent from
eontributing toward support," Depp v. Holland, 431 Pa.Super. 209, 215, 636 A.2d 204,
207 (1994). Nor is " a court ... strictly bound by the nurturing parent's assertion that the
best interest of the child is served by the parent's presence in the home." Commonwealth
ex reI. Wasiolek v. Wasiolek, 251 Pa. Super. 108, 380 A.2d 400,402 (1977).
The facts of this case do not warrant the application of the "nurturing parent
doctrine" to Wife, While the Janis' two (2) older children, Danielle who is almost 14 and
Jessica having just turned 12, are full-time school students, their son Noah is 4 and not
presently enrolled in any schooling. Wife claims that she must attend to him on a full-
time basis and is precluded from full-time employment for this reason, For this
contingent reason, she argues that her actual earnings must be used for purposes of
calculating support rather than her "earning capacity."
Husband rejects Wife's argument that the "nurturing parent doctrine" controls this
case. Clearly the two (2) older children don't require Mrs. Janis to sit at home while they
are in school. The question then is focused on Noah who is not an infant. The fact of the
matter is that Noah spends are great deal of time with other care providers during the time
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Mrs. Janis alleges to be taking care of him. Mrs. Janis' mother provides the majority of
the daycare for Noah at no cost. She lives nearby and Mrs. Janis drops Noah off at her
mother's quite frequently. This being the case, then with Mrs. Janis working full-time,
there are care providers already in place and any additional care required could be
handled between Mr. Janis and a licensed daycare facility at considerable savings to the
parties given Noah's limited placement. Moreover, after school latchkey programs for
the two (2) older children are abundant at nominal cost(s).
Earning capacity has been discussed as not something theoretical but rather, an
amount that could be realistically earned considering various factors such as "health, age,
mental and physical condition and training." Commonwealth ex reI. Malizia v. Malizia
229, Pa. Super. 108, 111,324 A.2d 386,388 (1974). "As such, in determining a parent's
ability to provide support, the trial court primarily focuses on earning capacity rather than
actual earnings." Rock v. Rock, 385 Pa. Super. 126, 132-133, 560 A.2d 199, 202
(1989).
Mrs. Janis' "earning capacity" is not precisely known. However, her work history
is known and as far back as 1982, she earned approximately $22,000.00 annually plus per
diem as a flight attendant. Moreover, she is certified as a teacher with a degree in
Education and earned approximately $9,000.00 annually in the mid 1980's. Presently,
starting salaries in the Harrisburg School District are speculated to be at the very least in
the mid $20,000.00. At the time of the support conference, Mrs. Janis in response to
questioning by counsel for Mr. Janis asked if counsel could obtain a teacher's job for
Mrs. Janis. The undersigned recognizes the sarcasm with which Mrs. Janis delivered her
inquiry and believes that she would readily dismiss any such forthcoming offer at any
rate. Nevertheless, the teacher positions are out there and abundant as any classified
section to local periodicals evidences. Mrs. Janis further stated at the conference that she
has no desire to resume employment as a flight attendant but as recently as December
2000, she submitted a resume to the local division of US Airways Express seeking a
flight attendant's position.
It is abundantly clear that Mrs. Janis enjoys not working, spending an inordinate
amount of time incorporating her boyfriend, Mark Eramo, into the lives of her and the
children and, making plans to "retire" to the Sea Isle vacation home with her stream of
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income derived from Mr. Janis. These desires have manifested themselves in this case as
her legal position - "the nurturing parent doctrine."
"... [I]t is within the sole province of the trial judge, sitting without a jury, to
assess the credibility of the witnesses and to weigh their testimony. Rock Pa. Super 134,
A.2d 203. "The fact finder is free to believe all, part, or none of the evidence." Smith v.
Smith, 439 Pa. Super. 283,293, 653 A.2d 1259, 1264 (1995).
There is simply no logical or reasonable basis for Mrs. Janis to remam
unemployed any longer. Her position is not supported by the law or by her own
perception that it is in the best interests of the children since she is the de facto custodial
parent.
... Of course, a court is not strictly bound by the nurturing parent's
assertion that the best interest of the child is served by the parent's
presence in the home. It is for the court to determine the child's best
interest... Commonwealth ex. reI. Francis N. Wasiolek v. Richard P.
Wasiolek, 251 Pa. Super. 108, 113-114,380 A.2d 400,403 (1977).
With respect to Mr. Janis income, Mr. Janis's accountant's testimony at the
hearing will demonstrate that there was an error in Mr. Janis corporate tax reporting for
the year 1999 which was corrected in the year 2000. Based upon the correction, the
domestic relations hearing officer failed to properly assess Mr. Janis' total income by
erroneously having included approximately $30,000.00 in additional income.
Mrs. Janis is well educated and has a work history indicative of her ability to earn
a reasonable annual income. The parties have over $73,000.00 in liquid funds sitting in
an escrow account. Mr. Janis has continued to pay all marital debts and obligations
arising from the marriage without any contribution whatsoever from Mrs. Janis. The
only thing she has added to his montWy expenses is an overall increase without regard to
his increasing debt service for marital assets. Based upon a proper assessment of Mr.
Janis' net montWy income and an appropriate assessment of Mrs. Janis' net montWy
income, Mrs. Janis is unable to show" ... an entitlement to alimony pendente lite in the
traditional sense." Clouse v. Clouse, Cumberland County Court of Common Pleas, 00-
1483 at p.6, Honorable J. Wesley Oler, Jr. (1/19/01).
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C. CONCLUSION:
Mr. Janis is prepared to pay child support to Mrs. Janis while she remains the
primary custodian of the parties' children. The amount of support however must be
consistent with the Pennsylvania Support Guidelines based upon his properly assessed
net montWy income and Mrs. Janis' appropriately assessed earning capacity. A child
support award consistent with these principles would then eliminate an APL award to
Mrs. Janis.
Mr. Janis respectfully requests that your Honorable Court find that:
1. Mr. Janis' net montWy income equal approximately $4,800.00;
2. Mrs. Janis' have a minimum earning capacity of $22,000.00 annually;
3. award child support consistent with the above figures; and,
4. deny Mrs. Janis' claim for APL.
Respectfully submitted,
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James A,tl:Miller, Esquire
Etorn )' for Wayne A. Janis
20 arket Street
/ amp Hill, Pennsylvania 17011
..~ (717) 737-6400
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AJisa E. Janis,
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
V.
Order & Docket NO.: 00091 S 2001
PASCES CASE NUMBER: 762103012
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
DR Number 30392
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Wayne A. Janis,
Defendant
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Wayne A. Janis,
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYL V ANlA
v.
Docket NO.: 00-1078
PASCES CASE NUMBER: 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
DR Number 30550
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AJisa E. Janis,
Defendant
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CERTIFICATE OF SERVICE
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I, James A. Miller, hereby certifY that I have forwarded to the person(s) on the
date and in the manner indicated below a copy of the preceding document.
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Date: July 16, 2001
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UNITED STATES FIRST CLASS MAlL, POSTAGE PREPAID
Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
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Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA l70ll
(717) 731-9502
Wayne Janis,
PlaintifflPetitioner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1078 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
Alisa E. Janis,
Defendant/Respondent
ANSWER TO
PETITION FOR SPECIAL RELIEF
AND NOW, comes Defendant/Respondent, by and through her attorney, Michael S.
Travis and files the Answer to the Petition for Special Reliefby HusbandlPetitioner, and answers
as follows:
1 - 4. Admitted on information and belief.
5. Admitted in part, denied in part. Admitted that a Complaint in Divorce was filed
by Husband, denied that the divorce complaint included a claim for equitable distribution of
property. By way of further answer, as a request for equitable distribution has not been made,
Respondent avers that the matter is not properly before the Court.
6. Denied. Petitioner has stated a conclusion oflaw to which no responsive pleading
is required under the Rilles of Civil Procedure.
7 - 9. Admitted on information and belief.
10. Denied. Petitioner has failed to make timely support payments causing
Respondent to file for support for herself and the parties three children. Petitioner is without
information to admit or deny that Petitioner has made payments to preserve equity in the
property subject of this petitioner.
11. Denied. Petitioner is without knowledge or information to admit or deny the
averment, strict proof is demanded at trial if relevant.
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12. Admitted in part, denied in part. Admitted that the property was listed for sale.
The remainder of the averments of Paragraph 12 are conclusions of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
13. Denied. Respondent is without information to admit or deny what Petitioner was
advised. By way of further answer, Respondent specifically advised Broker that an "Open
House" was not to take place while her personalty was still in the house.
14. Denied. Respondent is without information to admit or deny that an "Open
House" was advertised. By way of further answer, had Respondent known that an "Open House"
was scheduled, she would have taken steps to prevent such an event.
15. Admitted in part, denied in part. Denied that there was a great deal of activity at
the showing, Respondent is without information to admit or deny this averment. Admitted that
Respondent arrived at the property to obtain her personalty. Upon arriving Respondent was
alarmed to learn that an "Open House" was taking place over her instruction to Broker that such
an event was not to be scheduled.
16. Admitted in part, denied in part. Admitted that Respondent did ask the Broker to
leave and that she threatened to terminate the contract. Denied the implication that she was not
entitled to do so as Broker had violated the contract. By way of further answer, when asked,
Broker responded that no "Open House" would be held without the express permission of
Respondent.
17. Denied. Respondent is without information to admit or deny the averment of
Paragraph 17, and the sarne is denied.
18. Denied. The averment of paragraph 18 is a mis-characterization of the events of
the day in question and the same is denied. By way of further answer, Respondent is not
opposed to the sale of the property, she was only opposed to a showing of the property while her
personal belongings were in the house.
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19. Denied. Respondent is without information to admit or deny the averments of
Paragraph 19. By way of further answer, Petitioner's financial circumstances if dire are of his
own making. Petitioner has failed to answer interrogatory answers which may have resolved all
issues surrounding the divorce, instead he has chosen to compound the litigation in the case.
20. It is specifically denied that Respondent's conduct rises to the level of dissipating
marital assets. By way of further answer, Respondent has cooperated in the sale of the property
despite the fact that the sale may not be in her financial interest.
21. It is specifically denied that the only way that the marital estate can be preserved
and marketed is to award Petitioner all rights, responsibilities, and contractual obligations
associated with the contract. By way of further answer, Respondent has an equal right to the
marital estate, Petitioner's actions in failing to timely disclose fmancial information and to take
over the sale of the property in question show a pattern of deception and self-dealing with respect
to marital assets which are not even properly before the Court.
22. Admitted. By way of further answer, Respondent has satisfied all contractual
obligations, it is the Broker and Petitioner who have breached the contract for sale of the property
by holding an "Open House" without permission of Respondent.
23. Denied. Petitioner has stated conclusions of law to which no responsive pleading
is required under the Pennsylvania Rules of Civil Procedure. To the extent the averments are
factual the sarne are denied and strict proof is demanded at trial.
24. Denied. Petitioner has stated conclusions oflaw to which no responsive pleading
is required under the Pennsylvania Rules of Civil Procedure. To the extent the averments are
factual the sarne are denied and strict proof is demanded at trial.
25. Denied.. Petitioner has stated conclusions of law to which no responsive pleading
is required under the Pennsylvania Ru1es of Civil Procedure. To the extent the averments are
factual the same are denied and strict proof is demanded at trial.
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26. Denied. Petitioner has stated conclusions of law to which no responsive pleading
is required under the Pennsylvania Rules of Civil Procedure. To the extent the averments are
factual the same are denied and strict proof is demanded at trial.
27. Denied. It is specifically denied that Respondent has intent to undermine the sale
of the property or to destroy the financial condition of Petitioner. To the contrary, Respondent
has cooperated in the sale of the property and simply did not want an "Open House" to take place
while her personal belongings were still in the house.
28. It is specifically denied that Petitioner has no adequate remedy at law, in fact
Petitioner has not even requested that the Court equitably distribute marital property pursuant to
23 Pa.C.S.A. !l3502 of the Divorce Code.
29. It is specifically denied that Petitioner will lose any rights to equitable distribution
of property by excluding Respondent from marital assets which equitably belong to her as
marital property.
30. Denied. Petitioner has stated conclusions oflaw to which no responsive pleading
is required under the Pennsylvania Rules of Civil Procedure. To the extent the averments are
factual the same are denied and strict proof is demanded at trial.
WHEREFORE, Respondent, Alisa Janis, requests your Honorable Court to dismiss the
Petition of Wayne Janis with prejudice, and direct that Petitioner:
a. be enjoined from excluding Respondent from marital property;
b. pay Respondent's counsel fees for filing a frivolous Petition while his own
[mancial disclosure(s) are overdue; and
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c. issue such relief as the Court deems appropriate.
Respectfully submitted,
Michael S. Travis
ill No. 77399
Attorney for Respondent
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
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Wayne Janis,
PlaintifflPetitioner
v.
Alisa E. Janis,
Defendant/Respondent
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1078 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Answer are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATED: dol hr(jJ
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Alisa Janis
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Wayne Janis,
PlaintifflPetitioner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1078 CIVIL TERM
Alisa E. Janis,
Defendant/Respondent
.
: CIVIL ACTION -LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy ofthe
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
James A. Miller, Esquire
2010 Market Street
Camp Hill, PA 17011
Dated: d/8.-do I
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ael . ravis
ill No. 77399
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717)731-9502
Fax 731-9511
Attorney for Respondent
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ATTORNEY AT l-.Aw
4076 MARKET STREET, SUITE 209
CAMP HILL, FA 17011
TE!-EPHONE (717) 731-9502
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WAYNE JANIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-1078 CIVIL TERM
ALISA E. JANIS,
Defendant.
: CIVIL ACTlON -LAW
: IN DIVORCE
NOTICE OF SERVICE OF
INTERROGATORIES DIRECTED TO DEFENDANT
TO THE PROTHONOTARY:
Please take notice that Defendant, Alisa E. Janis has served Interrogatories to Plaintiff,
Wayne Janis, upon Max J. Smith, If., Esquire, P.O. Box 650, Hershey, P A 17033
chae . Travis
4076 Market Street, Suite 209
CampHill,PA 17011
(717) 731-9502
Attorney for Defendant
Date: December 5,2001
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WAYNE JANIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-1078 CIVIL TERM
ALISA E. JANIS,
Defendant.
: CIVIL ACTION -LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
Max J. Smith, Jr., Esquire
JAMES SMITH DURKIN & CONNELLY LLP
P.O. Box 650
Hershey, P A 17033
Dated: ;;/f"/;
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ill No. 77399
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717)731-9502
Fax 731-9511
Attorney for Defendant
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Wayne Janis,
Plaintiff
vs.
Alisa E. Janis,
Defendant
PROTHONOTARY:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 00-1078 Civil Term
Civil Action - Law
In Divorce
PRAECIPE
Please withdraw the appearance of Max J.
Plaintiff in the above matter.
Dated: K.t~v-.I\~t~ \1.l)O \
Max J. Smith, Jr., Esqui
James, Smith, Durkin $
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
Please enter the appearance of Jarnes A. Miller, Esquire, as counsel for Plaintiff in
the above matter.
Dated: ~)2-~/o (
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Wayne Janis,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078
Alisa E. Janis,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims
set forth in the following papers, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a Decree in
Divorce or annulment may be entered against you by the Court. A judgment may
also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage
counselors is available in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
James A. Mille, Esquire
Attorne laintiff
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Wayne Janis,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078
Alisa E. Janis,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
1.-11. Plaintiff, Wayne Janis, hereby incorporates paragraphs One (1) through
eleven (11) of Plaintiff's Complaint in Divorce filed pursuant to 23 Pa.C.S.A section
3301 (c) in the above term and docket as if fully set forth herein.
COUNT II
EQUITABLE DISTRIBUTION OF PROPERTY
12. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
13. The parties have acquired certain property and assets which constitute
marital property.
14. In the event the parties are unable to resolve distribution of marital
property by way of an agreement, then this Honorable Court is authorized to equitably
divide, distribute or assign marital property between the parties in such proportion as the
Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff requests this Honorable Court to:
a. enter a Decree dissolving the marriage between Plaintiff and Defendant;
b. equitably distributing all marital property pursuant to section 3502 of the
Divorce Code.
Respectfully Submitted,
James A. lIer, Esquire
y for Plaintiff
2010 Market Street
Camp Hill, PA 17011
(717) 737-6400
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YERIEICA TION
I verify that the statements made in the attached are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: -3 1110 J
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Wayne Janis
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No: 00-1078
Alisa E. Janis,
Defendant
Civil Action - Law
In Divorce
Certificate of Service
I, James A. Miller, hereby certifY that I have on the date indicated below and the
manner so indicated forwarded a copy of the foregoing document to the party so
indicated.
Date: March 2,2001
Hand Deliver - Cumberland County Courthouse
Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
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James A. Mille , Esquire
2010 Marke treet
Cam " PA 17011
17) 737-6400
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Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA l70ll
(717) 731-9502
WAYNE JANIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
vs.
.
: NO. 2000-1078 CIVIL ACTION
ALISA JANIS
Defendant.
: IN DIVORCE
PRAECIPE FOR RULE TO FILE BILL OF PARTICULARS IN DIVORCE
To the Prothonotary:
Pursuant to Rwe 1920.21(a); please enter a rule as of course on Plaintiff, Wayne Janis, to
file a bill of . wars under Section 3301 (a) of the divorce code.
e . raVlS
Attorney for Defendant/Wife
RULE
A rule is issued on Plaintiff, Wayne Janis, to file a bill of particulars within twenty (20)
days of service or suffer ajudgrnent of non-pros against the cause of action under 3301(a) of the
divorce code.
(1,-;1-..;> IJ.~
Prothonotary
Date: M/JrL Jp:,)ooL
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WAYNE JANIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
vs.
.
: NO. 2000-1078 CIVIL ACTION
ALISA JANIS
Defendant.
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by fIrst class mail, postage prepaid, on the following person, addressed as
follows:
James A. Miller, Esquire
2010 Market Street
Camp Hill, P A 17011
Dated: $- U .-0/
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II . ravis
ill No. 77399
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717)731-9502
Fax 731-9511
Attorney for Defendant
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Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
v.
NO.: 2000-1078 Civil
Alisa Janis,
Defendant
CIVIL ACTION - LAW
DIVORCE
ANSWER TO PLAINTIFF'S COUNTERCLAIM
NOW COMES, Plaintiff, Wayne Janis, by and through his attorney, James
A. Miller, Esquire, and answers Defendant's Counterclaim as follows:
1-14. No responsive pleading is required. To the extent a response is
required for purposes of denying Defendant's assertions in her
numbered paragraphs 9, 10, and 11, Plaintiff hereby incorporates as if
fully set forth those allegations asserted in his amended complaint,
paragraphs 9, 10, and 11.
15. No responsive pleading is required.
16. Denied. Defendant has received and has possession of, including but
not limited to, a lump sum distribution of net proceeds in excess of
Twenty Thousand ($20,000.00) from the sale of real estate in York
County, Pennsylvania. By way of further response, Defendant
currently is the recipient of a child support award in the amount of
$2,118.66 per month from Plaintiff (PACSES 762103012/30392;
Cumberland County Domestic Relations docket number 00091 S
2001).
17. Denied. Defendant is full well and able to support herself through
appropriate employment. Defendant is a college graduate with a
teaching certificate and has been employed as a stewardess for an
airline. Defendant's earning capacity provides her with a sufficient
basis for appropriate employment for which she could provide for her
reasonable needs.
18. Denied. Plaintiff's income is derived solely from his own efforts and
the market forces. Plaintiff's business serves the technology industry
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and the market forces have been steadily declining in this area of
commerce. Moreover, after paying all of Plaintiff's own expenses for
living and necessities as well as child support to Defendant, Plaintiff is
caused to borrow money at times. Plaintiff is without sufficient income
to provide for Defendant's support.
19. Denied. No responsive pleading is required.
20. Denied. Defendant is without knowledge or information as to the truth
of the averment and to that extent the averment is denied and proof
thereof is demanded.
21. Denied. Plaintiff hereby incorporates the preceding paragraphs as if
fully set forth herein.
22. Denied. Plaintiff hereby incorporates preceding paragraph 21.
WHEREFORE, Plaintiff requests your Honorable Court to:
A. enter a Decree dissolving the marriage between the parties;
B. equitably distributing the marital property between the parties;
C. denying Plaintiff's request for Alimony, Alimony Pendente Lite,
Counsel Fees, Costs/Expenses;
D. and for such further relief as the Court may determine.
Respectfully submitted,
"114M
Date:
James A. iller, Esquire
2010 rket Street
amp Hill, PA 17011
(717) 737-6400
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Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
v.
NO.: 2000-1078 Civil
Alisa Janis,
Defendant
CIVIL ACTION - LAW
DIVORCE
CERTIFICATE OF SERVICE
hereby certify that I have sent a copy of the foregoing Answer and
Counterclaim to counsel for Defendant, Michael L. Travis, Esquire, by First
Class United States First Class Mail on the date and to the address indicated
below.
Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
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2010 Mar t Street
Camp' ,PA17011
(717 37-6400
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WAYNE JANIS,
PLAINTIFF/PETITIONER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALlSA E. JANIS,
DEFENDANDRESPONDENT
00-1078 CIVIL TERM
ORDER OF COURT
AND NOW, this
>1
day of May, 2001, based on the petition for
special relief and the answer filed thereto, a hearing shall be conducted in Courtroom
Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:30 p.m.,
Monday, July 2,2001.
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James A. Miller, Esquire.
For Plaintiff
Michael S. Travis, Esquire
For Defendant
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Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-1078 CML TERM
DR 30550
PASCES CASE NUMBER 061103284
Wayne Janis,
Defendant
CML ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this 2-b day of ~lJ'iO ,2001, upon motion of
Defendant, Wayne A Janis, the hearing in this Jatter set for July 2,2001, tS consolidated
to:
July 25,2001, and will be held together at that time in Courtroom 2, at 1:30 p.m.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 0(1-1078 CIVIL TERM
DR 30550
PASCES CASE NUMBER 061103284
Wayne Janis,
Defendant
CIVIL ACTION -LAW
IN DIVORCE
MOTION TO CONSOLIDATE HEARING DATES
NOW COMES, Defendant, Wayne A. Janis, by and through his attorney, James
A. Miller, and respectfully requests your Honorable Court to grant the relief herein and
for reasons thereof states:
1. On May 17, 2001, Defendant filed a Petition for Special Relief seeking the
sale of the parties' New Jersey beach, vacation home based upon Defendant's
inability to pay all expenses associated therewith concomitant with all of his
other expenses including, but not limited to, the current support orders
requiring him to pay Plaintiff approximately $3,700.00 per month.
2. A hearing on Plaintiff's Special Relief petition is scheduled for July 2, 2001,
at 3:30 p.m.
3 . At the hearing, Defendant intends to provide testimony relating to his income
and expenses in order to support his claim that he his unable to financially
support the subject real estate.
4. Presently a support appeal hearing is scheduled before your Honorable Court
for July 25,2001, at 1:30 p.m.
5. At the time ofthe July 25,2001, hearing, Defendant intends to produce expert
testimony about Defendant's income and expenses.
6. It is believed and therefore averred that Plaintiff intends to dispute
Defendant's financial testimony by way of Plaintiff's own, expert testimony.
7. The nexus between the matters scheduled for July 2, and July 25 relates
directly to Defendant's income and expenses.
8. If the July 2, 2001, hearing were held as scheduled, Defendant's expert as
identified in Defendant's preceding Motion for Alternative Date/Time for
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Examination of Expert Witness! would again be unable to testifY as to
Defendant's income and expenses.
9. Defendant's expert witness will be in attendance at the July 25,2001, hearing.
10. Consolidation of the July 2, 2001, hearing with the July 25, 2001, hearing
serves the interest of judicial economy.
11. Without Defendant's expert available to testifY at the July 2, 2001, hearing,
Defendant will be unable to produce sufficient testimony for the court to
determine the validity of Defendant's claim that he is unable to support the
maintenance of the parties' vacation home.
WHEREFORE, Defendant, Wayne A. Janis, respectfully requests that your
Honorable Court grant the relief requested herein and consolidate the July 2, 2001,
hearing with the July 25,2001, hearing.
Respectfully submitted,
r1(
er, Esquire
et Street
Hill, PA 17011
(717) 737-6400
Your Honorable Court granted by Order dated May 31, 2001, Defendant's request to schedule
Defendant's expert witnesses testimony for an alternate date/time (June 26,2001). Defendant's expert was
to testify on June 26, 2001, but based upon Plaintiff's Motion to Consolidate filed June 13, 2001, your
Honorable Court entered an Order dated June 21, 2001,reschednling the entire support appeal, including
Defendant's expert witness' testimony, for the subject July 25, 200 I, hearing.
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A1isa E. Janis,
Plaintiff
V.
Wayne Janis,
Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-1078 CIVIL TERM
DR 30550
PASCES CASE NUMBER 061103284
CIVIL ACTION - LAW
IN DIVORCE
Certificate of Service
I, James A. Miller, Esquire, hereby certify that 1 have served a copy of the Motion to
Consolidate upon the following person(s) by United States First Class Mail on the date indicated
below:
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Date:
United States First Class Mail
FAX: 731-9511
Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
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Alisa E. Janis,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DR 30550 0/'" q/ f;.pf-
NO. 00-1078
P ASCES CASE NUMBER 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
Wayne A. Janis,
Defendant.
ORDER
AND NOW this c2ffl day of ~
the hearing in this matter set for June 25 ~ June 26, 200~are co oli
~ ~6 ,2001, and will be held together at that time in Courtroom
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IN THE COURT OF COMMON PLEiS:? :i;
CUMBERLAND COUNTY, PENNS~
DR 30550 ~ 'J1
NO. 00-1078 -<. tv
PASCES CASE NUMBER 061103284
CIVll.. ACTION - LAW
DOMESTIC RELATIONS SECTION
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Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Alisa E. Janis,
Plaintiff,
Wayne A; Janis,
Defendant.
MOTION TO CONSOLIDATE HEARING DATES
AND NOW COMES, Alisa Janis, Plaintiff herein, by and through her counsel, Michael
S. Travis, and requests the following relief.
1. A hearing on the issue of support and alimony pendente lite is set for June 25,
2001, at 9:00AM. A true and correct copy of the Order for hearing is attached hereto as Exhibit
A.
2. The hearing is expected to involve complex testimony regarding income requiring
expert accountant witnesses for both parties, and will likely exceed one hour in length. A
separate listing should be provided.
3. Defendant Wayne Janis' expert was unable to be available for the hearing on a
Monday, specifically June 25, 2001.
4. By Order dated May 31, 2001, a copy of which is attached hereto as Exhibit B, a
separate hearing is set for June 26, 2001, for the sole purpose of taking John Hassler's testimony.
5. If Mr. Hassler's testimony is taken on June 26, 2001, it would deprive Plaintiff,
the right to put on rebuttal testimony which is likely to be complex.
6. By telephone on June 11, 2001, Attorney Miller indicated concurrence with
consolidating the two hearings.
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7. Consolidating the two hearings is in the interest of judicial economy and provides
for a fair hearing.
WHEREFORE, Alisa Janis, plaintiff herein, respectfully requests that the two hearings be
consolidated to one date with a separate listing.
Respectfully submitted,
'chael S. Travis
Attorney for Plaintiff! Alisa Janis
Supreme Court ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
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ALISA E. JANIS, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYL VANIA
VS : DOMESTIC RELATIONS SECTION
. : CIVIL ACTION - SUPPORT
WAYNE A. JANIS,
DEFENDANT: NO. 91 SUPPORT 2001
NOTICE
You are hereby notified that the Cumberland County Court has scheduled a
hearing in the above captioned case to be held in Court Room No.2, Fourth Floor,
\. Cumberland County Court House, Carlisle, Pennsylvania, before the Honorable Judges of ./
~ said Co~, which hearing you are required to attend on Mon~A~ ,.~T11ll1",~
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You are further ordered to bring to the hearing:
1. a true copy of your most recent Federal InCome Tax Return; as filed;
2. your pay stubs for the preceding six months;
3. a completed Income and Expense Statement in the form attached to this notice; and
4. a statement from your employer of your earnings and deductions on the enclosed
Earnings Report.
If you fail to appear for the hearing the Court may issue a warrant for your arrest.
If you fail to bring the required documents, the Court may hold you in contempt.
BY THE COURT
Date: May 9,2001
George E. Hoffer
presi::ttdg
BY
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Conference Officer
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Enclosu~es
cc: Michael S. Travis, Esquire
James A. Miller, Esquire .
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IN m&>uRT OP<COMMON pLEAs
~~:dCOUNTY,PENNSYLVANIA ~~P[Q
NO.: 00.;1078 ~
l'AScEsCASE NUMBER: 061103284
CMLACTION - LAW
DOMESTIC RELATIONS SECnON
Wayne A lanis,
Plaintift: Respondent
Alisa E. lanis,
Defendant, Petitioner
ORDER
AND NOW, "'" ~of Ay ,2001,,,,,, _""""',
ofPlaintifflRespondent's Motion for Alternate ate and time for Examination of lohn
Hassler, it is hereby;
ORDERED that the testimony of lohn Hassler shall be taken on
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BY TIm COURT:
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Honor:al;Edgar B. Bayley
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Alisa E. Janis,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DR 30550
NO. 00-1078
PASCES CASE NUMBER 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
Wayne A. Janis,
Defendant.
VERIFICATION
Being more familiar with the statements made in this motion, I verify that the statements
made in this Motion are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
DATED: ;; /;.)~ I
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Attorney for Plaintiff
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Alisa E. Janis,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DR 30550
NO. 00-1078
PASCES CASE NUMBER 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
Wayne A. Janis,
Defendant.
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
James A. Miller, Esquire
2010 Market Street
CampHi11,PA 17011
Dated: ?.. / ~ ,0/
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By:
'c ... . . Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Fax 731-9511
Attorney for Plaintiff
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WAYNE A. JANIS,
PLAINTIFF/PETITIONER
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALlSA E. JANIS,
DEFENDANTIRESPONDENT
00-1078 CIVIL TERM
ORDER OF COURT
AND NOW, this
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day of August, 2001, the petition of Wayne
Janis for an order of special relief to sell the parties' Sea Isle City, New Jersey, property
prior to the completion of the parties' economic litigation, IS DENIED.
James A. Miller, Esquire
For Plaintiff
Patrick F. Lauer, Jr., Esquire
For Defendant
Michael S. Travis, Esquire
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WAYNE A. JANIS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALlSA E. JANIS,
DEFENDANT
00-1078 CIVIL TERM
AND NOW, this
ORDER OF COURT
~ day of August, 2001, that part of the order of
April 6, 2001, providing for the amount of alimony pendente lite payable by Wayne A.
Janis to Alisa E. Janis, is vacated and replaced with this order to provide that the
alimony pendente lite shall be payable at the rate of $600 per month. All other
provisions of the order of April 6, 2001, shall remain in effect.
James A. Miller, Esquire
For Plaintiff
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Patrick F. Lauer, Jr., Esquire
For Defendant
Michael S. Travis, Esquire
Charles Carothers, DRO
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
.WAYNE A. JANIS ) Docket Number 00-1078 CIVIL
Plaintiff /Respondent )
VS. ) PACSES Case Number 061103284 /D30550
ELISA_E. JANIS )
Derenrumt/Petitioner ) Other State ID Number
ORDER
AND NOW, to wit, on this
16TH DAY OF JANUARY, 2002
IT IS HEREBY
ORDERED that the APL .. order in this case be 0 Vacated or OSuspended or
@Terminated without prejudice or 0 Terminated and Vacated,
effective DECEMBER 17,2001 ,due to:
THE PARTIES' MARITAL SETTLEMENT AGREEMENT THAT WAS EXECUTED ON DECEMBER 17,
2001. THERE IS A REMAINING CREDIT OF $333.30 THAT WILL BE DIRECTED TO THE
CHILD SUPPORT CASE UNDER DpCKET NO. 91 S 2001 AND PASCES C#762103012.
DRO: RJ Shadday
xc: plaintiff
defendant
James Miller, Esquire
Patrick Lauer, Esquire
BY THE COURT:
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'JUDGE
Edgar B. Bayley
MAILED
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Service Type M
Form OE-504
Worker ID 21005
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WAYNE JANIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
VS.
: NO. 2000-1078 CIVIL ACTION
ALISA JANIS,
Defendant.
: IN DIVORCE
NOTICE OF SERVICE OF REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO PLAINTIFF
TO THE PROTHONOTARY:
Please take notice that Defendant, Alisa Janis, has served a Request for Production of
Documents to Plaintiff, Wayne Janis, upon James A. Miller, Esquire, 2010 Market Street, Camp
Hill, PA 17011.
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By:'
'c ael S. Travis
Attorney for Defendant
4076 Market Street, Suite 209
Carnp Hill, PA 17011
(717) 731-9502
Date: ~,/J,O/
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Wayne .Janis,
Plaintiff /Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
AIisaE. .Janis,
DefendantIRespondent
CIVIL ACTION - LAW
IN DIVORCE
Bll..L OF PARTICULARS IN SUPPORT OF
Plaintiff's section 3301(a) CLAIM
NOW comes Plaintiff, Wayne Janis, by and through his attorney, James A.
Miller, Esquire, and represents as follows:
1. During the course of the marriage, Defendant, Alisa E. Janis (hereinafter
referred to as "Wife") caused Plaintiff, Wayne Janis (hereinafter referred to as
"Husband"), to suffer verbal and physical abuse, neglect, and disrespect.
2. Despite Husband's continual pleading for counseling or conversation, Wife
refused to make even the slightest effort to work on their marriage.
3. During the course of the marriage, Wife exhibited severe and unstable
mental states wrought with mood swings and behavioral changes; particularly during
1990-1991, and again starting in 1999.
4. Repeatedly during the course of the marriage, when Wife was confronted
about hitting, scratching, or yelling at Husband, occasionally in1licting bruises or drawing
blood, Wife claimed she was allowed to do so because Husband "was bigger" than Wife.
5. Although Wife was diagnosed with Clinical Depression in 1991 and
attempted treatment with Prozac, Zoloft, and other drugs, she refused to stay on any
treatment plan.
6. Despite Wife's doctor's, Dr. Richard Harker, warning that Wife's Clinical
Depression was a lifetime illness and would not go away on its own and required
continual treatment, which included using prescriptive drugs and counseling, Wife
ignored his said warnings and ignored treatment.
7. During the course of the marriage, Wife has had multiple, extramarital
affairs.
8. In or about 1992, it is believed and therefore averred that Wife had an affair
with MAN 1.
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9. MAN 1 was divorced, between 50-55 years old and was a member of the
Harrisburg Alliance Church, where Husband and Wife attended at the time.
10. On several occasions, Wife and MAN 1 met for lunch and also met at his
home in Wormleysburg.
11. Upon discovering this affair, Husband called MAN 1 and MAN 1 agreed to
stop all contact with Wife.
12. The second extramarital affair occurring in or about 1993 was with MAN 2.
13. MAN 2 was a married, age 32, and was Wife's former lover and fiancee.
14. Despite Husband's pleas and requests to Wife that she terminates contact
with MAN 2, MAN 2 had repeated telephone contact with Wife all through the course of
the marriage.
15. During the summer of 1991, MAN 2 visited Wife at Husband and Wife's
home while Husband was at work.
16. It is believed and therefore averred that such visits included, but was not
limited to, sexual relations.
17. On October 30, 1999, Wife attended a Marching Band Reunion at East
Pennsboro High School, Enola, where Wife had attended from 1974-1978. Husband was
not present at this reunion. However Husband's oldest daughter, Danielle, was present
with Wife.
18. At this reunion, Wife met her former high school sweetheart, MAN 3. It is
believed and therefore averred that Wife and MAN 3 became intimately reacquainted at
the reunion exchanging telephone numbers and/or addresses.
19. MAN 3 was a married man, age 39. MAN 3 was living with his wife in
Dillsburg.
20. Wife stopped having sexual relations with Husband in October, 1999.
21. Shortly after the reunion, in early November 1999, MAN 3 contacted Wife
by telephone. MAN 3 gave Wife his toll-free work telephone number so the two could
talk privately it is believed and therefore averred so that the telephone calls would not
appear on Husband's phone bill.
22. Around the same time, MAN 3 and Wife met on several occasions for lunch
in Maryland and York.
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23. Husband noticed a marked change in Wife's behavior at this time.
24. While Wife has continually maintained that she is a "born-again Christian"
nevertheless Wife's language changed to include constant swearing. She continually
used the "F" word even in front of their three children without the slightest compunction.
25. Wife stopped having sex with Husband during this time.
26. Wife spent hours on the telephone with MAN 3 rather than watching
Husband's son Noah.
27. During December 1999, Husband repeatedly begged Wife to stop seeing
MAN 3 but Wife refused to do so.
28. Wife told Husband that she and MAN 3 were just friends who had a lot in
common and a lot to talk about.
29. Husband uncovered evidence of the affair with MAN 3 by using the redial
feature on the telephone, finding a handwritten note from Wife, and by examining the
telephone bill.
30. On December 27, 1999, Wife had gone to the drug store and her receipt
evidence that she purchased a home pregnancy test; again, they stopped having sex in
October, 1999.
31. Sometime in December 1999, MAN 3 separated from his wife and moved to
an apartment in York.
32. In December 1999, Wife dropped their two daughters off at a roller rink in
New Cumberland and Wife did not return home until the event ended.
33. Upon her return, Husband uncovered a large pillow and blanket in the back
seat of the van while the stroller which was a permanent fixture had been removed from
the back of the van.
34. On the Monday before Christmas 1999, Wife took their girls to school and
then dropped their son off at her mom's. Wife told everyone that she was going to visit
her friend in Lewistown, which is approximately 60 miles one-way from Camp Hill.
35. Upon returning home, Husband examined the odometer in the van and
determined that she had only traveled about 50 miles that day.
36. Wife later admitted that she had gone to visit MAN 3 in York and that he
"had the flu" and they had "gone out for breakfast."
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37. Beginning in December 1999, Wife started disappearing in the early
morning hours, usually leaving around midnight and returning home at 3 am.
38. Wife claimed that during these disappearances, she had driven to the land in
Dillsburg that Husband owned and had planned to use to build a new home for Wife.
39. On Christmas Eve 1999, their daughter Danielle was on the phone with her
friend and after hanging up, Danielle told Wife "someone may have beeped in while she
was talking."
40. Wife flew into a rage and screamed obscenities at Danielle in front of the
other children for not taking the other call.
41. This childish fit of rage angered Husband and an argument ensued which
resulted in Wife scratching and hitting Husband.
42. Wife then stormed out of the house on Christmas Eve 1999 when the
temperature was in the teens and she did not return until 2 am.
43. The children were terrified of their mother's psychotic behavior.
44. During December 1999, Wife visited Dr. Yates in Camp Hill and arranged
to have breast augmentation.
45. Husband did not agree with the surgery but Wife was determined to have the
surgery so she could "feel better about herself"
46. Several days before the surgery, Husband found various handwritten notes
in both Wife's and MAN 3's handwriting, telephone records, oral contraceptives, and a
Victoria's Secret $50 gift certificate with MAN 3's handwriting.
47. Wife had never used oral contraceptives during the entire course of the
mamage.
48. Husband contacted on December 29, 1999, MAN 3's Wife while Wife was
having breast augmentation at the Grandview Surgical Center.
49. After picking up Wife at the Surgical Center at approximately 12:30 p.m.,
Husband drove Wife home and helped her to bed. Wife was still groggy and was not
supposed to drive or do any physical work. Husband then went to the drug store to get
Wife's post-op prescriptions filled.
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50. Upon returning home, Wife was in the kitchen and was once again seething
with rage. Wife had called MAN 3 while Husband was at the drug store and had learned
of Husband's conversation with MAN 3's Wife.
51. Wife was extraordinarily angry that Husband had contacted MAN 3' s Wife
and proceeded to throw a phone book, scratch and hit Husband.
52. While still in a drug-induced state, Wife in her wild, uncontrollable rage got
into the family van and drove away.
53. Husband contacted Camp Hill Borough police to report the incident and
about 15 minutes later the Police returned with Wife.
54. The police officer stayed for about 30 minutes to try and calm down Wife.
55. On December 30 1999, Husband prepared a pot of coffee for Wife.
56. While Husband was working in his basement office, Wife appeared in the
office and poured her entire hot cup of coffee in Husband's lap, aiming for Husband's
penis, which fortunately missed,
57. The situation did not improve after this time.
58. On one evening in January 2000, Wife took another midnight trip and
Husband called Camp Hill Borough Police to report her as missing. Upon returning
home, Wife was enraged that Husband had done this.
59. Husband was forced to sleep on the hard basement floor for almost three
months while Wife slept comfortably on the couple's king-sized bed.
60. On January 20, 2000, Husband contacted MAN 3 at work and requested that
MAN 3 stop seeing Wife.
61. On the evening ofJanuary 28,2000, Wife agreed to meet two of her friends
for dinner at the Camp Hill Cafe. She insisted on going to her aerobics class first
however.
62. Husband left his cell phone in the car so that he would be able to contact
Wife if necessary. Before meeting her friends, Wife and MAN 3 met in a parking lot and
made out for several minutes. In a particularly sick and deranged act, Wife used the cell
phone to call itself (by dialing its number), so that the voice mail would kick in. Husband
was thus treated the next morning to a voice mail message containing one minute of
passionate kissing and sexual relations between Wife and MAN 3.
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63. Wife then had dinner with her two friends.
64. After Husband confronted Wife about the votce mail, Wife said, "she
needed to kiss MAN 3" and "couldn't help herself, that's just the way she is."
65. Husband then proceeded to find another place to live, and moved out of the
marital home on February 23,2000.
66. Husband filed for divorce on February 29,2000.
67. In mid-March, 2000, Wife contacted Husband and asked for a
reconciliation. She claimed she was "lonely" and was "doing it for the kids." This was
also the time when MAN 3 attempted reconciliation with MAN 3's Wife and moved back
home.
68. Husband met with Wife and set the terms: no contact with MAN 3,
counseling, and time spent together.
69. Husband moved back home just before Easter 2000.
70. MAN 3 moved out of his home again on June 12, 2000.
71. In early July 2000, Husband noted again a deterioration of Wife's behavior,
and long periods of time when the telephone line was busy.
72. Husband's and Wife's last sexual contact occurred in July 2000.
73. During this time, a poem and love letter were found that were written by
Wife directed to MAN 3 evidencing sexual relations between the two (2) had repeatedly
occurred long before November 2000 and contrary to Wife's claim that "there was never
an affair" with MAN 3.
74. On New Year's Eve 2001, Wife was in Baltimore with MAN 3 returning
home at 4:30 am.
75. On January 5, 2001 Husband and Wife separated again and both moved out
of the marital home for good.
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WHEREFORE, Plaintiff, respectfully requests this Court to enter a fault divorce.
Respectfully submitted,
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James A. 'ller, Esquire
ket Street
Cam 'll, Pennsylvania 17011
7) 737-6400
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VERIEICA nON
I verifY that the statements made in the attached are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: 5 h 10 I
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Wayne Janis,
Plaintiff/Petitioner
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
v.
NO. 00-1078 CIVIL TERM
Alisa E. Janis,
Defendant/Respondent
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, James A. Miller, Esquire, hereby certifY that on the date indicated below I have
forwarded a copy of the foregoing Bill of Particulars to the persons and on the date and in
the manner indicated below.
DATE: ;JI/kl( cr ~I
UNITED STATES FIRST CLASS MAlL, POST AGE PREP AID
Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
Attorney for Respondent
Date: ~ 1 ~/
. er, Esquire
2010M et Street
'll, PA 17011
7) 737-6400
Attorney for Petitioner
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ID No. 77399
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717) 731-9502
Wayne Janis,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: NO. 004078 CIVIL TERM
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ANSWER TO .~ C
PETITION FOR SPECIAL. RELIEF. PURSUANT TO 23 Pa.C.S.~? S
SECTIONS 3323(f) OF THE DIVORCE CODE AND PENNSYL V ~
RULES OF CIVIL PROCEDURE 1920.43(a)(3) :';j
TO THE HONORABLE JUDGES OF SAID COURT:
Alisa E. Janis,
Defendant/Respondent
.
: CIVIL ACTION - LAW
: IN DIVORCE
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AND NOW COMES, Respondent Alisa Janis, by and through her attorney, Michael S.
Travis and files this Answer to Plaintiff's Petition for Special Relief and answers as follows;
1 - 7. Admitted on information and belief.
8. Admitted in part, Denied in part. Admitted that the property was purchased as a
vacation home for the parties and their children, admitted that the property generates no income.
Denied that the property will be used for a vacation home in the future. By way of further
answer, Respondent, Alisa Janis wishes to relocate to the property and maintain it as her primary
residence.
9. Admitted on information and belief.
10. Admitted in part, Denied in part. Admitted that Petitioner may have been paying
payments and expenses associated with the property. Denied the implication that Respondent is
not contributing her share. Petitioner owes substantial support arrears which comprise almost all
of Respondent's income and ability to contribute to marital assets.
11. Denied. The parties have vacated the premises and the marital home is presently
under lease with a new buyer. There should be no utility bills for the premises. Petitioner is
under obligation by agreement to provide a breakdown of expenses which he has not done.
12. Denied. Respondent is without information to admit or deny the averment of
Paragraph 12. By way of further answer, Respondent has her own living expenses, is raising the
parties three children while Petitioner is substantially behind in support payments to Respondent.
13. Admitted in part, Denied in part. Admitted that Petitioner is under support
obligation. Petitioner owes substantial arrears and is currently contesting Support and Alimony
Pendente Lite. A complex hearing on the matter is set for June 25, 2001.
14. Admitted in part, Denied. in part. The amount is admitted. Denied that Petitioner
has paid these amounts since the petition for support was filed.
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15. Admitted in part, Denied in part. The amount is admitted. Denied that Petitioner
has paid these amounts since the petition for APL was filed.
16. Denied. Respondent is without information to admit or deny the averment, strict
proof is demanded at trial.
17. Denied. The amounts speak for themselves. By way of further answer, and award
of support may exceed 50% of net income where arrears are owed. By way of further answer,
Petitioner's net income is also disputed, it is believed and therefore averred that Petitioner's
business Janis Technologies, Inc. eams substantially more than stated.
18. Denied. Respondent does not have knowledge to admit or deny the averment of
Paragraph 19. By way of further answer, Petitioner was able to purchase a new home with cash
from his business, while Respondent struggles to make ends meet in her rented home.
19. Denied. Petitioner has caused his financial distress. Petitioner's business
grossed $164,675.00 last year, plus other income. Petitioner has failed to provide information
which has prolonged the divorce. Petitioner took and sold Respondent's vehicle without
agreement leaving Respondent without reliable transportation.' It is averred that Petitioner did
these acts because Respondent requested financial discovery of Petitioner's business.
20. Denied. Petitioner had income sufficient to support the marital home, the
vacation property and investment property during the marriage. By way offurther answer, if
Respondent maintains the property as her residence, Petitioner's alleged distress would not exist.
Further, Petitioner has money from the sale of the parties investment property in York County.
21 - 22. Denied. Respondent is without knowledge or information to admit or deny the
averment. By way of further answer, Respondent wishes to maintain the marital property as her
primary residence.
23. Denied. Respondent wishes to receive any marital eqnity by maintaining the
home which would be credited to Petitioner in equitable distribution.
24. Denied. It is denied that Petitioner has a debt service problem as evidenced by the
purchase of his own home post separation. By way of further answer, Petitioner has made
decisions regarding sale of marital assets with complete disregard for Respondent's preservation
of the marital assets, as evidenced by Petitioner's taking of the light truck driven by Respondent
leaving her without reliable transportation.
25. Denied. Petitioner has made no claim for payment of marital debt. Respondent is
without information to know what debts if they exist are marital.
26. Denied. It is specifically denied that Respondent has disregarded any
circumstances to preserve any marital assets. By way of further answer, it is Petitioner who has
acted with complete disregard for preservation of marital assets which Respondent may not wish
to sell. By way of further answer, the divorce master is the appropriate body for determining
equitable distribution in a comprehensive setting.
27. Denied. It was stated only the Respondent was not prepared to discuss it at that
time. By way of further answer, it is Petitioner's "fire sale" approach to marital assets and delay
in paying support which have made it not possible to discuss the sale of the property in question
until this time.
28. Denied. Respondent's desire to maintain the property as her marital residence is
her only motivation for not wanting to sell the property. Respondent has no interest in acting for
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spite or personal gain, other than what she is entitled to in equitable distribution.
29. Denied. Your Respondent is employed part-time in addition to her full-time
duties as a mother of three. Further, Respondent has been blocked access to the property in
question, apparently to allow Petitioner to relax at the property in question. Petitioner's actions
are in complete disregard for the marital property nature of the asset, and are indicative of his
controlling and manipulative methods of attempting to rush the sale of marital assets for less than
full value, to the detriment of Respondent.
30. Denied. Petitioner grossed $164,675.00 in his business Janis Technologies, Inc.,
purchased a new home post separation and has sold marital assets without agreement of the
parties. His obligations have reduced, not increased since separation.
31. Denied. Respondent avers that Petitioner's circumstances are not dire, and that
strict proof is demanded at trial. Respondent intends to maintain the home as her primary
residence and that is' her only motivation.
32. Denied. Respondent's conduct is not vexatious in wanting to maintain a home for
her and the parties children. It is Petitioner's posture and attempt to sell assets at all cost which
is vexatious,selfish and obdurate.
33. Denied. There are multiple methods of preserving the asset, including rental by
third parties,.permitting residence by Respondent or other alternate arrangements. The asset is
not in danger of dissipation, and Petitioner has been able to afford his own post separation home,
and Respondent should be permitted to do the same.
34. Admitted. By way of further answer, sale is not the appropriate remedy. The
property should be granted to Respondent as all other assets are controlled by Petitioner. If
Respondent is granted the residence she will be able to maintain the asset until the case can be
completely reviewed by the master or Court.
35. Admitted. By way of further answer, Respondent requests that the Court use its
authority to grant control of the marital asset to Respondent.
36. Denied. The relief sought by Wayne Janis is not necessary to protect his interest
in marital property. His interest can be protected by granting the property to Respondent and
receiving a credit for marital equity at division of property.. The relief sought by Petitioner is not
necessary to effectuate the purposes of the Divorce Code. The relief sought is for the
convenience of the Petitioner and bears no reg!lId for right of Respondent to the marital asset.
The relief sought by Petitioner is not required by eqUity and justice. The interests of equity and
justice are to award the property to Respondent as her primary residence.
37. Denied. Respondent has not evidenced any intent to undermine the sale of the
property. To the contrary, Respondent has merely. stated that she was not prepared to discuss the
disposition of the marital asset. The relief requested by Petitioner may improve his financial
condition but only to the detriment of Respondent which is contrary to her rights under the
Divorce Code.
38. Denied that Petitioner has no adequate remedy at law. To the contrary the interest
of both parties are better preserved by having the matter fully adjudicated by the Court,
presumably before the divorce master.
39. Denied that Petitioner will suffer irreparable harm if the relief requested is not
granted. To the contrary, Petitioner will suffer no harm at all if the Respondent is permitted to
retain the property as her primary residence. Respondent would be able to assume expenses
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attendant with the property as soon as she could move and settle her current lease.
40. Denied. No detrimental financial burden has been demonstrated. Petitioner's
appropriate time to demonstrate that to the Court would be at the support hearing on June 25,
2001. The characterization of "destruction" and "dissipation" of assets are complete
mischaracterizations of the simple fact that Petitioner has all the marital assets and burdens
attendant with them, and now wishes to unload them to the detriment of Respondent.
41. Denied. Allowing the Petitioner to sell the asset without a complete review of all
marital property would be unfair and ineqnitable. To date Petitioner has squandered and taken
for himself nearly all marital assets. Respondent was left with only a poorly functioning auto, a
claim for support, which Petitioner denies, and some money from sale of investment land, which
Respondent has had to live off of since separation while Petitioner con trolls all other assets of the
marriage.
WHEREFORE, Respondent, Alisa Janis respectfully requests that the Honorable Court
Deny the Petitioner for Special Relief as requested, and
A. Order that the property of Sea Isle City New Jersey be awarded to Respondent
pending further Order or agreement of the parties; and
B. Award Respondent counsel fees, costs and such other relief as the Court deems
fair and appropriate.
y Submitted,
chael S. Travis
4076 Market Street, Suite 209
CampHill,PA 17011
(717) 731-9502
Attorney for Respondent
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Wayne Janis,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: NO. 00-1078 CIVIL TERM
v.
Alisa E. Janis,
Defendant/Respondent
.
: CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Answer to Petition for Special Relief are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
DATED: /j-~ q-Ol
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Alisa Janis
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Wayne Janis,
PlaintifflPetitioner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: NO. 00-1078 CIVIL TERM
Alisa E. Janis,
Defendant/Respondent
.
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
James A. Miller, Esquire
2010 Market Street
Camp Hill, PA 17011
Dated: 5-)p -0 I
e . Travis
No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
Fax 731-9511
Attorney for Respondent
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WAYNE JANIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
VS.
: NO. 2000-1078 CIVIL ACTION
ALISA JANIS,
Defendant.
: IN DIVORCE
SUPPLEMENTAL
NOTICE OF SERVICE OF REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO PLAINTIFF
TO THE PROTHONOTARY:
Please take notice that Defendant, Alisa Janis, has served a Supplemental Request for
Production of Documents to Plaintiff, Wayne Janis, upon James A. Miller, Esquire, 2010 Market
Street, Camp Hill, PA 17011.
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Attorney for Defendant
4076 Market Street, Suite 209
Carnp Hill, P A 17011
(717) 731-9502
Date: 5)13/>/
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Wayne A. Janis,
Plaintiff, Respondent
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYL VANIA
DR 30550
NO.: 00-1078
PASCES CASE NUMBER: 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
v.
Alisa E. Janis,
Defendant, Petitioner
ORDER
AND NOW, this 31t day of 'i11~_ ,2001, upon consideration
ofPlaintiff7Respondent's Motion for Alternate date and time for Examination ofJohn
Hassler, it is hereby;
ORDERED that the testimony of John Hassler shall be taken on
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, 2001, at f 0',00
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in Courtroom Number
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Courthouse, 1 Courthouse Square, Carlisle, P A 17013;
by telephone conference.
Honorable E,dgar B. B Yl/
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Wayne A. Janis,
Plaintiff, Respondent
V.
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
DR 30550
NO.: 00-1078
PASCES CASE NUMBER: 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
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Alisa E. Janis,
Defendant, Petitioner
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MOTION FOR ALTERNATIVE DATE/TIME FOR EXAMINATION OF
EXPERT WITNESS
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NOW COMES, PlaintifflRespondent, Wayne A. Janis, by and through his
attorney, James A. Miller, Esquire, and respectfully requests that your Honorable Court
grant the relief herein requested and for reasons therefore states:
1. PlaintifflRespondent appealed the Cumberland County Domestic Relations
Section Orders of Court dated 1) March 22,2001, entered for the purposes of
child support and 2) April 6, 2001, entered for the purposes of alimony
pendente lite.
2. Both appeals were m part based upon the hearing officers erroneous
assessment ofPlaintifflRespondent's net montWy income.
3. The hearing officer failed to accept PlaintifflRespondent's position that his
prior accountant had erroneously calculated his retained earnings for the tax
year 1999 and therefore required an adjustment for the tax year 2000.
4. PlaintifflRespondent's new accountant, John Hassler, 236 South Hanover
Street, Carlisle, Cumberland County, Pennsylvania, corrected the erroneous
1999 tax return in his preparation of the 2000 tax return.
5. The hearing officer's "Summary of Trier of Fact" identifies
PlaintifflRespondent as having additional income of $75,806.00 that was
obtained from PlaintifflRespondent's M-2 for the year 2000 (see attached
exhibit A - page 2 of3 of hearing officer's summary).
6. This is the precise figure that PlaintifflRespondent argued was taken over the
1999 and 2000 tax years and not solely during the tax year 2000; further, this
is the precise figure that John Hassler was able to correct for
PlaintifflRespondent on his return.
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7. The hearing officer however failed to understand that this figure was taken
over a two (2) year period and assessed PlaintiIDRespondent with this total
amount during the year 2000.
8. The hearing officer's failure to properly assess this figure during a two (2) year
period dramatically and significantly alters PlaintiIDRespondent's net montWy
income and concomitant support obligations.
9. Testimony from PlaintiIDRespondent's witness, John Hassler, is required in
order to prove PlaintiIDRespondent's position and defeat the erroneous
calculation by the hearing officer.
10. The de novo hearing is scheduled for Monday, June 25, 2001, at 9:00 a.m.
before Honorable Edgar B. Bayley.
11. John Hassler is unavailable on Mondays.
12. John Hassler has agreed to make himself available for testimony on an alternate
date and time.
13. John Hassler's testimony is imperative for Plaintiff/Respondent's case.
14. It is believed and therefore averred that PlaintiIDRespondent's net montWy
income has been assessed almost $3,000.00 more per month than he actually
makes as a result of the hearing officer's erroneous fact finding.
15. As a result of such erroneous fact finding, PlaintiIDRespondent is obligated to
pay support to DefendantlPetitioner approximately $1,700 per month in excess
of the appropriate amount under the Pennsylvania support guidelines;
moreover, such amount(s) paid exceed fifty (50%) percent of
PlaintiIDRespondent's true, net montWy income.
16. The relief requested herein is reasonable and necessary in order to properly
assess PlaintiIDRespondent's net montWy income for the purposes of entering
accurate support orders.
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WHEREFORE, Plaintiff/Respondent, Wayne A. Janis, respectfully requests that your
Honorable Court fix an alternate date and time to take the testimony of John Hassler.
Respectfully submitted,
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James A Miller, Esquire
2010 arket Street
CHill, PA 17011
17) 737-6400
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V. JANIS
Plaintiff Information
Current Income:
$90.49 gross per week on average
net income per month $347.22
Tax Return:
married with no exemptions
Medical Coverage:
none
Child Care/Tuition:
none
Additional Obligations:
PACSES Case Number: 762103012
Defendant Information
$126.828.68 gross income for the
tax year of 2000
net income per month $7,727.66
married with 5 exemptions
$440.57 per month for 5 people of
this order
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Other Information:
The plaintiff's income is based on an averaqe income from her year to date
fiqure which was listed on the most recent paystub.
The defendant's income is more complicated beinq that he is self-employed and
f~les a S-Coro. tax return. The fiqure stated above was derived from the
f0110winq information.
$25.000.00 - from W-2 from business
$14,577.00 - from W-2 from PSU
$2,666.68 - from Duquesne University
$8,779:00 - from depreciation
~ $79.806.00 - from schedule M-2 off the S-Coro. The business tax return states
that the deft withdrew this amount from the business account. This is cash
that is available to the defendant to use as he sees fit. DRO must use this
as income to the deft.
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Page 2 of 3
Service Type M
A
Form CM-022
Worker ID 21104
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Wayne A. Janis,
Plaintiff, Respondent
v.
Alisa E. Janis,
Defendant, Petitioner
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IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYL VANIA
DR 30550
NO.: 00-1078
PASCES CASE NUMBER: 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
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CERTIFICATE OF SERVICE
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I, James A. Miller, Esquire, hereby certifY that I have forwarded a copy of the
foregoing Motion to the person(s) and in the manner and on the date so indicated below.
Date: May 31, 2001
FACSIMILE- 731-9511 &
United States, First Class Mail
Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
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ORDER/NOTICE TO WITHHOLD. I.NCOME FOR SUPPORT
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State Commonwealth of Pennsylvania ;?A-eJJ5 .. ' 0 Original Order/Notice
Co.lCity/Dist. of CUMBERLAND . cre /1 tJ "3;Ji>u: @ Amended Order/Notice
Date of Order/Notice 08/22/01 '/)!- .305"f>D I>ld::. t{/ S ;;J&O / 0 Terminate Order/Notice
COU rtICase N um ber (See Addendum for case summary) P/k!<;fS 7 tR :xi 0"30/ ;)-
. hft- 3t13CJ-r
) RE: JANIS, WAYNE A.
EmployerlWithholder's Federal E1N Number ) Employee/Obligor's Name (Last, First, MI)
JANIS TECHNOLOGIES INC ) 078-54-2077
EmployerlWithholder's Name ) Employee/Obligor's Social Security Number
725 RT 15 NORTH ) 9373100691
EmployerlWithholder's Address ) Employee/Obligor's Case Identifier
DILLSBURG PA 17019 ) (See Addendum for plaintiff names assodated with cases on attachmentJ
) Custodial Parent's Name (Last, First, Mil
)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 2,640.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <Xl no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 2, 640 .00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 609 23 per weekly pay period.
$ 1.218.46 per biweekly pay period (every two weeks).
$ 1.320.00 per semimonthly pay period (twice a month).
$ 2.640.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 'On pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer SeNice at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order:
P2S2tJ)\ \
V"
bb6Ae B !3;q 'f1./9(
f;:jAILEnMBNO.0970.0154
g -- d:3 (!) / Expiration Date: 12/31/00
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SeNice Type M
Form EN-028
Worker ID $IAU
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect befor~ receipt of this order have priority. If there are Federal tax levies in effect please contactthe requesting
agency listed below.
2, Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3. * Rl:'I-'Vlt;1I5 lLo:; Paydate}Date of\NitLLoldihl5. You IlIust lepolt tLe payda.te/date of vvitl,l,oldillg vvl,ell sehdihg tile pity I lid It lhe-
payddtG,'JatG V{ n;tl,l,vld;1I5;;:t lL\;; Jak VII nl,icL alllOtlllt neB nitl.l,eld n011l tile eJ.lployee's nages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See 119 below)
5. Termination NotificatiOn: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S 10: 2518373370
EMPLOYEE'S/OBLlGOR'S NAME: JANIS. WAYNE A.
EMPLOYEE'S CASE IDENTIFIER: 9373100691 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumuiated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs Llnless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs,
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
"NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RElATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IJ\TT
Service Type M
OMBNo.:0970-0154
Expiration Date: 12/31/00
'.
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: JANIS, WAYNE A.
PACSES Case Number 061103284 /olh"5l)
Plaintiff Name I
ALISA E. JANIS
Docket Attachment Amount
00-1078 CIVIL$ 600.00
Child(ren)'s Name(s): DOB
DI;~~~~ked, you are;~~~i;~~;~~~r~II;~~C~il~(;~n;.'<
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
PACSES Case Number 762103012!:J03tf;l.
Plaintiff Name '( 0
ALISA E. JANIS
Docket Attachment Amount
00091 S 2001 $ 2,040.00
Child(ren)'s Name(s):
~~~~~Ed~'d~~~'..""""
NOAH W. JANIS
DI;C~~Ck~d,;~u~;~;e~~'i;:~;~~~r~II;~~C~ild(;~~:i' ...... .
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker 10 ~,IATT
OMB No.: 0970-0154
Expiration Date: 12/31/00
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IN THE COURT OF COMMON PLEAS OF
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00-1078 CIVIL TERM
WITHDRAW OF APPEAL
Kindly withdraw the appeal that was filed in the above captioned matter.
Date:
ql)&/-P~vl
Respectfully submitted,
f~r~~
Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ill # 46430 Tel. (717) 763-1800
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CUMBERLAND COUNTY, PENNSYLVANIA
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ALISA E. JANIS,
DEFENDANT
00-1078 CIVIL TERM
PROOF OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person and in
the manner indicated below, which service satisfies the requirements ofPa. R. A. P. 906:
Service in person as follows:
The Honorable Edgar B. Bayley
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
Court Stenographer
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Court Administrator's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Service by first class mail as follows:
James A. Miller, Esq.
2010 Market Street
Camp Hil~ PA 17011
Date:
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Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1078 CIVIL TERM
WITHDRAW OF APPEAL
Kindly withdraw the appeal that was filed in the above captioned matter.
Date:
q/J (J~V(l1
Respectfully submitted,
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Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hil~ Pennsylvania 17011-4706
ill # 46430 Tel. (717) 763-1800
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v.
ALISA E. JANIS,
DEFENDANT
00-1078 CIVIL TERM
NOTICE OF APPEAL
Notice is hereby given that Alisa E. Janis, Defendant in the above-Dluned matter hereby !ii
appeals to the Superior Court of Pennsylvania from the Order entered in this matter on 2200 day
of August, 2001. This Order has been entered in the Docket as evidenced by the attached copy
of the docket entry.
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Patrick F. Lauer, Jr., Esquife
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID # 46430 Tel. (717) 763-1800
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DEFENDANT
00-1078 CIVIL TERM
PROOF OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person and in
the manner indicated below, which service satisfies the requirements ofPa. R A. P. 906:
Service in person as follows:
The Honorable Edgar B. Bayley
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
Court Stenographer
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Court Administrator's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Service by first class mail as follows:
James A. Miller, Esq.
2010 Market Street
CampHil~PA 17011
Date:
i/21/2dc)J
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Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hil~ Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
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WAYNE A. JANIS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ALISA E. JANIS,
DEFENDANT
00-1078 CIVIL TERM
ORDER FOR TRANSCRIPT
A Notice of Appeal having been filed in this matter, the official court reporter is hereby
ordered to produce, certify and file the transcript in this matter in connection with Rule 1922 of
the Pennsylvania Rules of Appellate Procedure.
Date: ~ 12-1 JZOV\
fJ~;<~L'-
Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hil~ Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
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Civil Case Inquiry
Page
1
2000-01078 JANIS. WAYNE (vs) JANIS ALISA E
Reference No. . :
Case Type.....: COMPLAINT - DIVORCE
Jud9ment...... 00
Judge Assigned: .
Disposed Desc. :
------------ Case Comments -------------
Filed........ :
Time......... :
Execution Date
Jury Trial. . . .
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
2/25/2000
3:54
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney Info
JANIS WAYNE
170 H FRANKLINTOWN ROAD
DILLSBURG PA 17019
JANIS ALISA E
136 NORTH 33RD STREET
CAMP HILL FA 17011
PLAINTIFF
MILLER JAMES A
DEFENDANT
LAUER PATRICK F JR
***********~********************************************************************
* Date Entries *
***********~********************************************************************
2/25/2000
3/07/2000
1/08/2001
2/20/2001
2/21/2001
2/23/2001
2/23/2001
2/27/2001
3/02/2001
3/02/2001
3/23/2001
3/28/2001
3/28/2001
4/05/2001
4/10/2001
4/11/2001
4/17/2001
FIRST ENTRY
COMPLAINT - DIVORCE
--------------------------------------------------------------------
ACCEPTANCE OF SERVICE BY MICHAEL S TRAVIS ESQ
--------------------------------------------------------------------
NOTICE OF SERVICE OF INTERROGATORIES DIRECTED TO DEFT - BY
MICHAEL S TRAVIS FOR DEFT
--------------------------------------------------------------------
PETITION FOR SPECIAL RELIEF PURSUANT TO 23 PA C S A SECTION 3323F
OF THE DIVORCE CODE AND PENNSYLVANIA RULE OF CIVIL PROCEDURE 1920.
43 A 3 - BY JAMES A MILLER ESQ FOR PETITIONER
-------------------------------------------------------------.------
RULE - DATED 2/20/01 - IN RE PETITITON FOR SPECIAL RELIEF - A RULE
IS ISSUED UPON PLFFS RULE RETURNALBE AT HEARING IN COURT ROOM II AT
2:30 PM 3/2/01 - BY THE COURT EDGAR B BAYLEY J COPIES MAILED
2/21/01
--------------------------------------------------------------------
PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR PLFF BY MAX J SMITH JR
ESQ
--------------------------------------------------------------------
ENTRY OF APPEARANCE - BY JAMES A MILLER ESQ FOR PLFF
--------------------------------------------------------------------
ANSWER TO PETITION FOR SPECIAL RELIEF - BY MICHAEL S TRAVIS ESQ
FOR RESPONDENT
--------------------------------------------------------------------
AMENDED COMPLAINT IN DIVORCE - BY JAMES A MILLER ESQ FOR PLFF
-------------------------------------------------------------..-----
ORDER OF COURT - DATED 3/2/01 - THIS MATTER BEEN CALLED ON A
PETITION FOR SPECIAL RELIEF - IT IS ORDERED NEITHER PARTY SHALL
DISSIPATE ANY MARITAL ASSETS ABSENT A WRITTEN AGREEMENT OR FUTHER
ORDER OF COURT - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 3/5/01
-------------------------------------------------------------.------
ANSWER TO AMENDED COMPLAINT IN DIVORCE - BY MICHAEL S TRAVIS ESQ
FOR DEFT
-------------------------------------------------------------.------
PRAECIPE FOR RULE TO FILE BILL OF PARTICULARS IN DIVORCE - BY
MICHAEL
-------------------------------------------------------------,------
RULE IS ISSUED UPON PLFF - BY CURTIS R LONG PROTHONOTARY
-------------------------------------------------------------.------
ANSWER TO PLAINTIFF'S COUNTERCLAIM - BY JAMES A MILLER ESQ
-------------------------------------------------------------.------
ORDER OF COURT - DATED 4/6/01 - IN RE PETITIONERS MONTHLY NET
INCOME/EARNIG CAPACITY - BY THE COURT EDGAR B BAYLEY J COPIES
MAILED 4/10/01
-------------------------------------------------------------.------
ORDER - DATED 4/9/01 - IN RE NOTICE TO WITHHOLD INCOME FOR SUPPORT
- BY THE COURT EDGAR B BAYLEY J COPIES MAILED BY DRO 4/11/01
-------------------------------------------------------------------
NOTICE OF SERVICE FO REUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO
PLAINTIFF - MICHAEL S TRAVIS
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2000-01078
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Civil Case Inqulry
JANIS, WAYNE (vs) JANIS ALISA E
Page
2
Reference No. . :
Case Type.....: COMPLAINT - DIVORCE
Judgment...... .00
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
4/19/2001
5/10/2001
5/10/2001
5/17/2001
5/25/2001
5/30/2001
5/30/2001
5/31/2001
6/04/2001
6/13/2001
6/13/2001
6/26/2001
6/26/2001
8/14/2001
8/14/2001
8/21/2001
8/21/2001
2/25/2000
3:54
0/00/0000
0/00/0000
Filed. . . . . . . . :
Time......... :
Execution Date
Jury Trial. . . .
D~sposed Date.
Hlgher Crt 1.:
Higher Crt 2.:
-------------------------------------------------------------------
DEMAND FOR HEARING FOR ALIMONY PENDENTE LITE
-------------------------------------------------------------.------
BILL OF PARTICULARS IN SUPPORT OF PLAINTIFF'S SECITON 3301(A) CLAIM
BY JAMES A MILLER ESQ
---------------------------------------------------------------
PETITION FOR SPECIAL RELIEF PURSUANT TO 23 PA CSA SECTIONS 3323(F)
OF THE DIVORCE CODE AND PENNSYLVANIA RULE OF CIVIL PROCEDURE
1920.43(A) (3) BY JAMES A MILLER ATTY FOR PLFF
--------------------------------------------------------------------
RULE - DATED 5/17/01 - IN RE PETITION FOR SPECIAL RELIEF PURSUANT
- A RULE IS HEREBY ENTERED UPON DEFT - RULE RETURNABLE 15 DAYS FROM
THE DATE OF SERVICE - ANY ANSWER FILED SHALL BE SURRONDED BY THE
PROTHONOTARY TO CHAMBERS - BY THE COURT COURT EDGAR B BAYLEY J
COPIES MAILED 5/17/01
--------------------------------------------------------------------
SUPPLEMENTAL NOTICE OF SERVICE OF REQUEST FOR PRODUCTION OF
DOCUMENTS DIRECTED TO PLFF - BY MICHAEL S TRAVIS FOR DEFT
--------------------------------------------------------------------
ANSWER TO PETITION FOR SPECIAL RELIEF PURSUANT TO 23 PA C S A
SECTIONS 3323 F OF THE DIVORCE CODE AND PA RULES OF CIVIL PROCEDURE
1920.43 A 3 - BY MICHAEL S TRAVIS ESQ FOR RESPONDENT
--------------------------------------------------------------------
ANSWER TO PETITION FOR SPECIAL RELIEF PURSUANT TO 23 PA C S A
SECTIONS 3323 F OF THE DIVORCE CODEAND PA RULES OF CIVIL PROCEDURE
1920.43 A 3 - BY MICHAEL S TRAVIS ESQ FOR RESPONDENT
-------------------------------------------------------------~------
ORDER OF COURT - DATED 5/31/01 - BASED ON THE PETITION FOR SPECIAL
REFIEF AND THE ANSWER FILED THERETO A HEARING SHALL BE CONDUCTED
IN CR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA AT 3:30 PM ON
7/2/01 - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 6/1/01
-------------------------------------------------------------------
ORDER - DATED 5/31/01 - IN RE PLFFS MOTION FOR ALTERNATE DATE AND
TIME FOR EXAMINATION OF JOHN HASSLER IT IS HEREBY ORDERED THAT THE
TESTIMONY OF JOHN HASSLER SHALL BE TAKER ON 6/26/01 AT 10:00 AM IN
CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARL~SLE PA - BY THE COURT
EDGAR B BAYLEY J COPIES MAILED 6/4/01
--------------------------------------------------------------~-----
MOTION TO CONSOLIDATE HEARING DATES - BY MICHAEL S TRAVIS ESQ FOR
PLFF
--------------------------------------------------------------------
PETITION FOR CONTINUANCE - BY CINDY L KOSER ESQ
-------------------------------------------------------------.------
ORDER - DATED 6/21/01 - IN RE MOTION TO CONSOLIDATE HEARING Dl.TES -
THE HEARING IN THIS MATTER SET FOR 6/25/01 AND 6/26/01 ARE
CONSOLIDATED TO 7/25/01 AND WILL BE HELb TOGETHER A THAT TIME IN
CR 2 A 1:30 PM - BY THE COURT EDGAR B BAYLEY J
-------------------------------------------------------------.------
ORDER - DATED 6/26/01 - UPON MOT~ON OF DEFT WAYNE A JANIS THE
HEARING IN THIS MATTER SET FOR 7/2/01 IS CONSOLIDATED TO 7/25/01
AND WILL BE HELD TOGETHER AT THAT TIME IN CR 2 AT 1:30 PM - BY THE
COURT EDGAR B BAYLEY J COPIES MAILED 6/27/01
-------------------------------------------------------------.------
PRAECIPE TO WITHDRAW APPEARANCE FOR PLFF BY MICHAEL S TRAVIS ESQ
-------------------------------------------------------------.------
PRAECIPE TO ENTER APPEARANCE FOR DEFT - BY PATRICK F LAUER JR ESQ
-------------------------------------------------------------.------
ORDER OF COURT - DATED 8/21/01 - PETITION OF WAYNE JANIS FOR 1<N
ORDER OF SPECIAL RELIEF TO SELL THE PARTIES SEA ISLE CITY NEW
JURSEY PROPERTY PRIOR TO THE COMPLETION OF THE PARTIES ECONOMIC
LITIGATION IS - DENIED - BY THE COURT EDGAR B BAYLEY J COPIES
MAILED 8/22/01
ORDER-OF-COURT-=-DATED-a/22/oi-=-TTHAT-PART-OF-THE-ORDER-OF-4/6/oi-
PROVIDING FOR THE AMOUNT OF ALIMONY PENDENTE LITE PAYABLE BY
WAYNE A JANIS TO ALISA E JANIS IS VACATED AND REPLACED WITH THIS
ORDER TO PROVIDE THAT THE ALIMONY PENDENTE LITE SHALL BE PAYABLE
AT THE RATE OF $600 PER MONTH ALL OTHER PROVISIONS OF THE ORDER OF
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Civil Case Inquiry
JANIS. WAYNE (vs) JANIS ALISA E
Page
3
..-..........
2000-01078
. .
8/24/2001
4/6/01 SHALL REMAIN IN EFFECT - BY THE
COPIES MAILED 8/22/01
-------------------------------------------------------------..-----
ORDER - DATED 8/23/01 - IN RE NOTICE TO WITHHOLD INCOME FOR
SUPPORT - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 8/23/01
--------------------------------------------------------------.-----
MOTION FOR APPOINTMENT OF MASTER BY JAMES A MILLER ATTY FOR PLFF
--------------------------------------------------------------.-----
ORDER APPOINTING MASTER 9/06/01 E ROBERT ELICKER II ESQ IS
APPOINTED MASTER WITH ESPECT TO ALL CLAIMS GEORGE E HOFFER P J
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
Filed..... ...: 2/25/2000
Time. . . . . . . . . : 3 : 54
Execution Date 0/00/0000
Jury Trial. . . .
Dtsposed Date. 0/00/0000
Hlgher Crt 1.:
Higher Crt 2.:
COURT EDGAR B BAYLEY J
Reference No. . :
Case Type.....: COMPLAINT - DIVORCE
Judgment...... .00
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
9/05/2001
9/06/2001
********************************************************************************
* Escrow Information *
* Fees & Debits Beo Bal Pvmts/Adi End Bal *
********************************~****************************************~~******
DIVORCE 35.00 35.00 .00
TAX ON CMPLT .50 .50 .00
SETTLEMENT 5.00 5.00 .00
MASTER'S FEE 125.00 125.00 .00
DIV PA SURCHG 10.00 10.00 .00
JCP FEE 5.00 5.00 .00
ADD'L COUNTS 10.00 10.00 .00
JCP FEE 5.00 5.00 .00
ADD 'L COUNTS 10.00 10.00 .00
ADD'L COUNTS 10.00 10.00 .00
JCP FEE 5.00 5.00 .00
JCP FEE 5.00 5.00 .00
------------------------ ------------
225..50 225.50 .00
*************************~**~****~**********************************************
* End of Case Information *
*********************************'***********************************************
TRUE COPY AIDM REOORO
In Testimony wll8fOOl. I hefe un1D set II'f hand
md tile seal 01 said COlI~.I.. .' at. ...~.. Pa.
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Wayne Janis,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
A1isa E. Janis,
Defendant/Respondent
CIVIL ACTION -LAW
IN DIVORCE
ORDER
AND NOW, this
day of
.20
, the
appointment ofE. Robert Elicker, II, Esquire, as Master in the above-captioned
proceeding is hereby revoked.
BY THE COURT:
J.
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Wayne Janis,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
Alisa E. Janis,
Defendant/Respondent
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO REVOKE APPOINTMENT OF MASTER
1. E. Robert Elicker, II, Esquire, was appointed Master in the above-captioned
matter to consider the issues raised in the proceedings.
2. Prior to the scheduled hearing, a settlement was reached between the parties and
counsel.
3. The undersigned, therefore, requests that the appointment ofE. Robert Elicker, II,
Esquire, be revoked. ~
Date: ?(.~({&Z ~
Law Offices of Patrick F. Lauer, Jr.
Patrick F. Lauer, Jr., Esquire
2108 Market Street
Aztec Building
Camp Hill, Pennsylvania 17011
Date: J, ) 4)"Lo>P ''--
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Wayne Janis,
PlaintifflPetitioner
V.
AIisa E. Janis,
DefendantIRespondent
AND NOW, this
..
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 00-1078 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER
day of
,20
. the
appointment ofE. Robert Elicker, II, Esquire, as Master in the above-captioned
proceeding is hereby revoked.
BY THE COURT:
J.
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Wayne Janis,
Plaintiff/Petitioncr
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
AIisa E. Janis,
Defendant/Respondent
CIVIL ACTION -LAW
IN DIVORCE
PETITION TO REVOKE APPOINTMENT OF MASTER
1. E. Robert Elicker, II, Esquire, was appointed Master in the above-captioned
matter to consider the issues raised in the proceedings.
2. Prior to the scheduled hearing, a settlement was reached between the parties and
counsel.
3. The undersigned, therefore, requests that the appointment of E. Robert Elicker, II,
Esquire, be revoked. ~
Date: 1/\~({(2( ~
Law Offices of Patrick F. Lauer, Jr.
Patrick F. Lauer, Jr., Esquire
2108 Market Street
Aztec Building
Camp Hill, Pennsylvania 17011
Date: J,O ) ~ "-..~----
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Wayne Janis,
PlaintifflPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
Alisa E. Janis,
DefendantIRespondent
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this
day of
,20
, the
appointment ofE. Robert Elicker, II, Esquire, as Master in the above-captioned
proceeding is hereby revoked.
BY THE COURT:
J.
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Wayne Janis,
PlaintifflPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-1078 ClVlL TERM
A1isa E. Janis,
Defendant/Respondent
ClVlL ACTION - LAW
IN DIVORCE
PETITION TO REVOKE APPOINTMENT OF MASTER
1. E. Robert Elicker, II, Esquire, was appointed Master in the above-captioned
matter to consider the issues raised in the proceedings.
2. Prior to the scheduled hearing, a settlement was reached between the parties and
counsel.
3. The undersigned, therefore, requests that the appointment ofE. Robert Elicker, II,
Esquire, be revoked.. ~
Date: )Vt-vV{{&? ~
Law Offices of Patrick F. Lauer, II.
Patrick F. Lauer, Jr., Esquire
2108 Market Street
Aztec Building
Camp Hill, Pennsylvania 17011
Date: J,O )~"-tJ~"-"
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Wayne Janis,
PlaintifflPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 ClVlL TERM
A1isa E. Janis,
Defendant/Respondent
ClVlLACTION -LAW
IN DIVORCE
ORDER
AND NOW, this
day of
,20
, the
appointment ofE. Robert Elicker, II, Esquire, as Master in the above-captioned
proceeding is hereby revoked.
BY THE COURT:
J.
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Wayne Janis,
PlaintifflPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-1078 CIVIL TERM
A1isa E. Janis,
Defendant/Respondent
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO REVOKE APPOINTMENT OF MASTER
1. E. Robert Elicker, II, Esquire, was appointed Master in the above-captioned
matter to consider the issues raised in the proceedings.
2. Prior to the scheduled hearing, a settlement was reached between the parties and
counsel.
3, The undersigned, therefore, requests that the appointment ofE. Robert Elicker, II,
Esquire, be revoked.. ~
Date: 1/~~{{&? ~
Law Offices of Patrick F. Lauer, JI.
Patrick F. Lauer, Jr., Esquire
2108 Market Street
Aztec Building
Camp Hill, Pennsylvania 17011
Date: J,O ) ~ "-tJ~ "-"
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WAYNE A. JANIS,
Plaintifti'Respondent
VS.
ALISA E. JANIS,
Defendant/Petitioner
.,
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-
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~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00-1078 CIVIL TERM
IN DIVORCE
DR# 30550
Pacses# 061103284
DEMAND FOR HEARING
DATE OF ORDER: April 6, 2001
AMOUNT: $1,585.00permonth
FOR: Alimony Pendente Lite
REASON(S):
5~
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PARTY FILING DEMAND FOR HEARING:
s;_~
./ Law Offices of James A. Miller
/ 2010 Market Street
Camp Hill, P A 17011
4 jlf 10,
Date I I
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Wayne A Janis,
Plaintiff, Respondent
v
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYL V ANlA
DR 30550
NO.: 00-1078
PASCES CASE NUMBER: 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
AJisa E, Janis,
Defendant, Petitioner
DATE OF ORDER:
ORDER:
APPEAL OF COURT ORDER
April 6, 2001
AND NOW, this 6lh day of April, 2001, based upon the
Court's determination that Petitioner's monthly net
income/eaming capacity is $347,22 per month and
Respondent's monthly net income/earning capacity is
$7,727,66 per month, it is hereby Ordered that the
Respondent pay to the Pennsylvania State Collection and
Disbursement Unit, $1,585,00 per month payable monthly
as follows; $1,585.00 per month for alimony pendente lite
and $0.00 on arrears. "
REASONS FOR APPEAL: 1)
Plaintiff's annual income should be assessed at her
earning capacity. Plaintiff is the de facto custodian of three
minor children, namely Danielle (DOB 8/6/87) age 13,
Jessica (DOB 7/10/89) age 11 and Noah is 4 (DOB
4/17/97), Plaintiff possesses a teaching certificate, Plaintiff
worked as an airline stewardess, She has a proven ability to
earn salaries in both fields. The children are well beyond the
age of infancy. The parties financial situation is difficult.
Plaintiff's desires to stay at home are not based upon the
children but her own needs.
This is not a nurturing parent doctrine case
DATE OF APPEAL:
. .,
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,
.
recognized first under Commonwealth ex reI. Wasiolek v.
Wasiolek, 251 Pa. Super 108, 380 A2d 400 (1977). In
fact, Plaintiff has not raised this legal doctrine as support for
her not being assessed with an earning capacity. Plaintiff
has not raised any legally sufficient argument supporting her
claim that she should not be assessed.
The law as applied to these facts require Plaintiff to
be assessed with an earning capacity; far greater than the
hearing officer's finding of$347.22 net per month. See
Susan K Fritchman-Pickford v. Scott D. Pickford, Court of
Common Pleas, Cumberland County, Pennsylvania, Number
60 Support 1998, DR# 27,263, Honorable Wesley Oler
(4/27/99), affirmed Pa. Super. Number 694 MDA 1999.
Ii
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II
1
Moreover, Petitioner's needs are met by her earning
capacity and child support receipt thereby eliminating the
need for the receipt of alimony pendente lite.
2) Defendant's earnings were erroneously calculated by
the conference officer.
The conference officer erred in fact and law.
Respectfully submitted,
I . .~
James A. di:;Esj~J
20 10 MaI~t Street
;~f;.pf., PA 17011
Y._7-6400
Thursday, April 19, 2001
.1
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.
.
Wayne A Janis,
Plaintiff, Respondent
v
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYL VANIA
DR 30550
NO.: 00-1078
PASCES CASE NUMBER: 061103284
CIVIL ACTION - LAW
DOMESTIC RELATIONS SECTION
AJisa E. Janis,
Defendant, Petitioner
CERTIFICATE OF SERVICE
I, James A Miller, Esquire, hereby certifY that I have forwarded a copy of the
foregoing Appeal to the person(s) and in the manner and on the date so indicated below.
Date: Thursday, April 19, 2001
United States, First Class Mail
Michael S. Travis, Esquire
4076 Market Street
Suite 209
Camp Hill, PA 17011
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James A. 'lIer, Esquire
ket Street
CHili, PA 17011
17)737-6400
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
)Id tJO-/CJ7R' & tilL
State Commonwealth of Pennsvlvania A4frSES OiP /1 03,)-fCf
CoJCity/Dist. of CUMBERLAND . "bJQ: -so5GD
Date of Order/Notice 04/06/01 Oif. tJl S 02dJe;/
Cou rtlCase N um ber (See Addendum for case summary) /);e;f;e.S 7tR d.//J 80/;;'
C;..e. ..3'039 ').
) RE: JANIS, WAYNE A.
) Employee/Obligor's Name (Last, First, MI)
) 078-54-2077
) Employee/Obligor's Social Security Number
) 9373100691
) Employee/Obligors Case Identifier
) (See Addendum for plaintiff names assodated with cases on attachment)
) Custodial Parent's Name (Last, First, MI)
)
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EmployerlWithholder's Federal EIN Number
JANIS TECHNOLOGIES INC
EmployerlWithholder's Name
725 RT 15 NORTH
EmployerlWithholder's Address
DILLSBURG PA 17019
. ,
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o Original Order/Notice
@ Amended Order/Notice
o Terminate Order/Notice
See A ddendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 3,681.99 per month in current support
$ 21. 67 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in medical support
$ 0 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 3,703.66 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 854 69 per weekly pay period.
$ 1.709.38 per biweekly pay period (every two weeks).
$ 1.851.83 per semimonthly pay period (twice a month).
$ 3.703.66 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sl obi igor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
DRO: RJ Shadday ~,. :' ',',
xc: defendant '
~ /,01
Date of Order: ~ ,
Service Type M
mH'~:7J1~
Edgar B. Bayley
.JtJ]X;E
Form EN-028
Worker ID $IATT
OMBNo.:0970-0154
Expiration Date: 12/31/00
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3. * R'C:pOltihg tLe P.3.ydatelDiite v{ ',Nitl.l.oldillg. You Iflust lepolt tLe "ardate/date of HitLLvIJ;115 HI.CII seJ Idillg tLe pay I lJeht. TI.l:'
paydateldate of vvitl,lloldil'5 b tLl;;. Jgh:; Vtl vvLid. alJluUllt vvas vvitLLeld n011l tIle elllployee's migeS. You must comply with the law of the
state of the employee's1obfigor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2518373370
EMPLOYEE'S/OBLlGOR'S NAME: JANIS. WAYNE A.
EMPLOYEE'S CASE IDENTIFIER: 9373100691 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questiohs about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withholq income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (71 7) 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker 10 $IATT
Service Type M
OMBNo.:0970-0154
Expiration Date: 12/31/00
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: JANIS, WAYNE A.
06110328~Ci?~
PACSES Case Number
Plaintiff Name
ALISA E. JANIS
Docket Attachment Amount
00:::i:078 CIVIL$ 1,585.00
Child(ren)'s Name(s):
DOB
.,...,...,..."......,....,....,......,.....,...,.
.,..... ...... .......
.,.....,........".,..,.,....,.....,...,.,...,
,.,.... .,.. .... .....
Dli ~h~~k~d; ~~~ are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
PACSES Case Number 762103012j3A!/f;)-
Plaintiff Name
ALISA E. JANIS
Docket Attachment Amount
00091 S 2001 $ 2,118.66
Child(ren)'s Name(s):
~~ig~~iir)J~~'1
!iOl\l!w,..,rl\!l.W...
DOB
..........)..........\.....ii)...........ii)i).g~~~~~.~.~
.......91/.U/...Z
....,...... ...,......
. ..,.,. ......,..
.........,... .....,..
DI;~h~~k~d, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
,. ,.
..,..',...'.........,...,.,..,.,.','.'.
... .,..". ........
'...'..'.....'......,."..,...,'..,.'.
,.. ....,..,. ........
blfcheck~d,~ou are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sJobligor's employment.
Addendum
Form EN-028
Worker ID $IATT
OMBNo.:097Q-0154
Expiration Date: 12/31/00
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DR 30550
P ACSES ill 061103284
WAYNE A. JANIS,
Plaintiff/Respondent
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION - LAW
ALISA E. JANIS
Defendant/Petitioner
: NO.' 00-1078 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of April, 2001, based upon the Court's determination that Petitioner's
monthly net income/earning capacity is $347.22 per month and Respondent's monthly net
income/earning capacity is $7,727.66 per month, it is hereby Ordered that the Respondent pay to the
Pennsylvania State Collection and Disbursement Unit, $1,585.00 per month payable monthly as
follows; $1,585.00 per month for alimony pendente lite and $0.00 on arrears. First payment due with
next pay date. Arrears set at $1,585.00 as of April 6, 2001. The effective date of the order is March
23,2001.
This order is based upon the information and calculation that was represented at the March 20,
2001 conference before conference officer Charles Carothers.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.~ 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the P A SCDU to: Alisa E. Janis. Payments must be made
by check or money order. All checks and money orders must be made payable to P A SCDU and
mailed to:
P A SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number in
order to be processed. Do not send cash by mail.
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Respondent to provide medical insurance coverage.
This Order shall become final ten days after the mailing of the notice of the entry of the Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court.
DRO: R. 1. Shadday
Mailed copies on
If-/o,ol to; <
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Petitioner
Respondent
James Miller, Esquire
Michael Travis, Esquire
BY THE COURT,
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Edgar B.Bayley
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Wayne Janis,
Plaintiff
v.
Alisa E. Janis,
Defendant
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In the Court of Common Pleas
Cumberland County, Pennsylvania
No.: 00-1078
:
Civil Action - Law
In Divorce
MARITAL SETTLEMENT AGREEMENT
.,
December
,2001
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TABLE OF CONTENTS
SECTION PAGE
1- S.~'pARATION AND NON INTERFIiBJ~J~.CJi;.............................................................................3
2. R ECONCI LIA TION: ..._..............,........................... ....................................................................4
3, EN FO RCEM ENT: ....................................................................................................,................4
"'- SPOUSAL SUPPORTI ALIMONY/ALIMONY PENDENTE LITE (APL). COSTS AND
EX PENSES: .................................................... ......................................................................................5
5., .~.QU IT ABI.~_P lSTI3,LllilTl ON~.. .................... ................ ....................................... ........... ... .........6
A. PREFACE: .............................................................................................................................. 6
B. DISTRIBUTION OF ASSETS (60/40% Wife's favor):.............................................................6
.L WIFE'S ASSETS:....................................................................................................................6
L HUSBAND'S ASSETS: . .......... ..... ..... ..... ..... ........ ........... ...... ... .............. .............. ...... ..............7
, ASSET DIVISION: ............................................................................................... ...................7
A. REAL ESTATE: 12254"' Street, SC" lslc City. NJ: ..........................................................7
B. DISTRIBUTION AND WAIVER OF PERSONAL...........................................................7
JJ MARITAL. TANGIBLE AND INTANGIBLE. ASSETS AND 2) NON-MARITAL.
TANGIElLE AND INTANGIBLE. ASSETS: ...............................................................................7
C. FULTON BANK ESCROW ACCOUNT NUMBER 9904-46625:.....................................9
D. RETIREMENT ACCOUNT/STOCKS: ............................................................... .............9
E. INTENT:.......................................................................................................................... 9
6. AFTER ACQUIRED PROPERTY:...........................................................................................10
], PJ;:J!I3.; .......................................................................................... ..............................................10
A Wife's Debls:..........................................................................................................................1 0
B. Husband's Debls:.................................................................................................................... 10
C. Marilal Debt: .............................. ................................ .................................................... .......11
D. 1 ndcmnilie"tion: .................................................................................................................. ..11
8. FULL 0 ISCLOSU RE: .............................. ................................................................................12
9~ RELEA~ES:..............................................................................................................................13
10. LI FE INSURANCE: ................................................. ... .............................................................13
U~ It&.E.t\Cr:!.; ................................................................................................................................. 14
12. REPRESENT ATI ON: ..............................................................................................................14
!3, VO LUNT ARY EXECUTION: ............................................................................................. .....14
l4. ENTI RE AG REEMENT: ....................................................................................... ..................15
15" PRlQR AQ REEM E~T: ...................................... ... ............... ....................................................15
16. MODIFICATION AND WAIVER: ..........................................................................................15
1.1, DOVERNI NQJAW~................................................................................................................15
18. INDEPENDENT SEPARATE COVENANTS: ........................................................................15
19" VO I 0 CLAUSJ~~:t; ............................... ......................................................................................15
20. DISTRI BUTI ON DATE: ............... .................................... ......... ..............................................16
;n, DATE Q,F EXE.cUTION: .........................................................................................................16
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MARITAL SEITLEMENT AGREEMENT
7.J-V
THIS AGREEMENT, made this ~ day of December, 2001,
by and between Wayne Janis, hereinafter called "Husband", and Alisa E. Janis,
hereinafter called "Wife".
WHEREAS, Husband and Wife were lawfully married on June 14, 1986;
WHEREAS, three children were born of the marriage, specifically
Danielle N., DOB 8/6/87, Jessica J., DOB 7/10/89, and Noah W., DOB 4/17/97;
and,
WHEREAS, differences have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, and the parties hereto
desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification:
the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between
them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one against the other or
against their respective estates.
NOW THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of
the parties hereto, Wife and Husband each, intending to be legally bound hereby
covenant and agree as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and
apart from each other at such place as he or she from time to time shall choose or
deem fit. The foregoing provision shall not be taken as an admission on the part
of either party of the lawfulness or unlawfulness of the causes leading to their
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li ving apart.
Each party shall be free from interference, authority and ,control by the
other, as fully as if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall
molest or attempt to endeavor to molest the other, or in any way harass or malign
the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other. Neither party shall say or do anything to negatively
influence or alienate the minor children from the other parent.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation
between the parties hereto, cohabitation between the parties, a living-together or
resumption of marital relations between them. They shall not be deemed to have
reconciled with the intention of vitiating or terminating this Agreement unless
they make such actions through a written instrument, executed and
acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that Husband filed with the Cumberland County
Court of Common Pleas, Pennsylvania, to docket number 00-1078, Civil Term, a
no-fault divorce action pursuant to Title 23, section 330l(C) of the Pennsylvania
Divorce Code and amendments thereto.
It is specifically understood and agreed by the parties that the provisions
of this agreement relating to equitable distribution of property and all other
matters contained herein including but not limited to support, alimony, alimony
pendente lite, counsel fees, costs and/or expenses are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code and shall be submitted to the court at the time of
filing the praecipe to transmit the record to conclude the divorce. '
The parties agree to execute their respective Affidavit of Consent and
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Waiver of Notice and proceed with entering same to the 'court docket for the
purpose of finalizing the divorce action simultaneously with the execution of this
agreement or as soon as practicable thereafter.
Each party shall further execute any and all documents which may require
his or her signature for the purpose of effectuating all of the terms and conditions
of this Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained
by either of the parties in this or any other state, country or jurisdiction, each of
the parties hereby consents and agrees that this Agreement and all of its
covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order or further modification or
revision thereof shall alter, amend or vary any term of this Agreement. It is
specifically agreed, however, that a copy of this Agreement or the substance of
the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree. This incorporation, however, shall not be regarded as a
merger, it being the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
(APJL), COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised or
have the right to obtain advice in regard to the fact that each may have the right
to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or
expenses. Further, Husband and Wife acknowledge that they understand that
said rights are available in their divorce action. Husband and Wife further
acknowledge that they are aware of the income, education, income potential, and
assets and holdings of the other or have had full and ample opportunity to
become familiar with such items.
Husband and Wife hereby accept the mutual covenants and terms of this
Agreement and the benefits and properties passed to them hereunder in lieu of
any and all further rights to support or alimony for themselves, counsel fees, and
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alimony pendente lite at this time and during any and all further or future
actions of divorce brought by either of the parties hereto.
The parties do hereby remise, release, quit claim, and relinquish forever
any and all right to support, alimony, alimony pendente lite, counsel fees and
expenses beyond those provided for herein, during the pendency of or as a result
of any such actions, as provided by the Divorce Code of Pennsylvania or any
other applicable statute, at this time and at any time in the future.
Wife's alimony pendente lite award docketed to the term and docket
identified in preceding paragraph 3 shall terminate with the date of execution of
this agreement.
5: EQUITABLE DISTRIBUTION:
A. PREFACE:
The parties have valued to the best of their ability their entire marital and
non-marital estates. The parties have made use of either the information
provided between themselves and/or statement values associated with such
assets and/or have attributed fair market values and/or other agreed upon values
to such assets and for purposes of negotiation and settlement, and hereby
stipulate to such valuations. The parties desire to effectuate the division of all
assets in undertaking these terms of settlement with approximately 60% going to
Wife and 40% going to Husband. Attached hereto as Exhibit A and incorporated
herein as iffully set forth is the asset/debt division effectuating such distribution.
B. DISTRIBUTION OF ASSETS (60/40% Wife's favor):
1. WIFE'S ASSETS:
Husband does hereby grant, convey, transfer, assign, and deliver and set-
over unto Wife the assets so identified within this agreement; said assets shall be
and remain the sole and separate property of Wife hereafter, free of any claim by
or interest of Husband, regardless of whether such assets were deemed by either
of the parties to be marital property or non-marital property. And further,
Husband does hereby waive, release, relinquish, and surrender forever any and
all claim to or interest in said assets, which shall be and remain the sole and
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separate property of Wife hereafter.
2. HUSBAND'S ASSETS:
Wife does hereby grant, convey, transfer, assign, and deliver and set-over
unto Husband the assets so identified within this agreement; said assets shall be
and remain the sole and separate property of Husband hereafter, free of any
claim by or interest of Wife, regardless of whether such assets were deemed by
either of the parties to be marital property or non-marital property. And further,
Wife does hereby waive, release, relinquish, and surrender forever any and all
claim to or interest in said assets, which shall be and remain the sole and
separate property of Husband hereafter.
3. ASSET DMSION:
The parties hereby agree that the following assets shall be divided in
accordance with the terms as provided herein. Husband and Wife agree to
execute any and all documents required to effectuate the intent herein:
A.
REAL ESTATE:
122 54th Street, Sea Isle City, NJ:
1. The parties are joint owners of the real property known as 122 54th Street,
Sea Isle City, NJ (referred to herein as the "premise"). Wife shall with the
execution of this agreement simultaneously execute the Contract for Sale
of Real Estate between the parties and Daniel Groseck, buyer. Daniel
Groseck submitted an offer on November 23, 2001, to purchase the
premise for $180,000.00 and a mortgage with Wells Fargo Bank in the
approximate amount of $83,291.58 presently exists on the premise. Upon
closing, Wife shall be entitled to all net proceeds from sale.
B. DISTRIBUTION AND WAIVER OF PERSONAL
1) MARITAL, TANGIBLE AND INTANGIBLE,
ASSETS AND 2) NON-MARITAL, TANGIBLE AND
INTANGIBLE, ASSETS:
1. Husband and Wife do hereby acknowledge that they have divided to
their mutual satisfaction all non-marital and marital assets including,
but without limitation, business interests, corporate interests,
partnership(s), joint ventures, inheritance(s), jewelry, clothing,
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Janis MSA
retirement accounts, 401k's, pensions, brokerage accounts, stocks,
bonds, life insurance policies or other securities, Individual Retirement
Accounts, checking and savings accounts, mutual funds, and other
assets whether real, personal or mixed, tangible or intangible.
2. Husband and Wife further acknowledge and agree that the assets in
the possession of the other spouse unless otherwise so divided by way
of this agreement shall remain that spouses sole and separate property,
each party hereto specifically waiving, releasing, renouncing and
forever abandoning whatever claim, if any, he or she may have with
respect to any of the foregoing items which are the sole and separate
property of the other.
3. Household Furnishings: Wife and Husband shall each retain all
household furnishings in their respective possession taken at the time
of separation. Neither party shall assert a right or make a claim against
the other for such property at anytime now or in the future.
4. Janis Technologies, Inc.: Wife hereby acknowledges and agrees
that Janis Technologies Inc., shall be Husband's sole and separate
property with Wife forever waiving, relinquishing and abandoning all
past, present and/or future rights, title and/or interests and claims she
may have arising from her marriage to Husband.
5. Vehicles: Husband and Wife agree that the vehicles in their
respective physical possession shall remain the possession of the party
and each shall cooperate if necessary in executing any and all
documents to reflect such ownership, including but not limited to
titles, insurance documentation and registration forms. Husband and
Wife do hereby waive, release, and relinquish any and all claim to or
interest in the motor vehicle in the possession of the other. If the title
to any vehicle is encumbered by any debt or obligation, Husband and
Wife agree that they shall each be solely responsible for and shall pay
and satisfy said obligation, in accordance with its terms and
provisions, and shall indemnify and save the other harmless from anyd
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loss, cost, or expense caused to either by their failure to make payment
of such debt.
C. FULTON BANK ESCROW ACCOUNT NUMBER
9904-46625:
The parties shall immediately undertake efforts to divide the escrow
account with Wife receiving the amount identified in Exhibit A and Husband
receiving his share as identified in Exhibit A. Attached hereto as Exhibit B is the
October 2001 escrow account statement showing a present balance of
$78,975.35.
D. RETIREMENT ACCOUNT/STOCKS:
Husband's TIAA C076755-2 and CREF U076755-0 accounts :md Scottrade
account 46518235 shall remain Husband's sole and separate property, Wife
waiving, relinquishing and transferring any and all past, present and/or future
right, title and/or interest she may have therein.
E. INTENT:
This Agreement is intended to distribute all property of the parties,
whether real or personal, and whether determined to be separate or marital
property. In the event that any property may be omitted from this Agreement, it
is understood and agreed that the person having possession and/or title to such
. property following the execution of this Agreement shall be deemed the owner
thereof and each of the parties will execute any and all legal documents without
any charge therefore to evidence title to such property in the other party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand
execute and deliver to the other any deeds, documents, records or closing
statements relating to the sale of real estate under this Agreement, bills of sale,
assignment, consents to change of beneficiary on insurance policies, tax returns
and other documents and do or caused to be done any other act or thing that may
be necessary or desirable to the provisions and purposes of this Agreement.
TAXES: Husband hereby agrees to pay all income taxes assessed against
him, if any, as a result of the division of the property of the parties hereunder.
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Wife hereby agrees to pay all income taxes assessed against her, if any, as a result
of the division of the property of the parties hereunder.
6. AFTER ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any
claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full
power in him or her to dispose of the same as fully and effectively, in all respects
and for all purposes, as though he or she were unmarried.
The parties hereby agree that, as to all assets not specifically mentioned
herein which are presently titled in the sole name of one of the parties hereto or,
if. untitled, are presently in the sole possession of one of the parties hereto, the
party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claims therein, and acknowledges
that the party having title or possession of such items shall be the sole and
exclusive owner thereof.
7. DEBTS:
A. Wife's Debts:
Wife represents and warrants to Husband that since the parties'
separation she has not and in the future she will not contract or incur any debt or
liability for which Husband or his estate might be responsible and shall
indemnify and save harmless Husband from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
B. Husband's Debts:
Husband represents and warrants to Wife that since the parties'
separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnify
and save harmless Wife from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
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C. Marital Debt:
The parties acknowledge that Husband shall be individually responsible
for and solely liable for the debts identified hereinbelow and shall further
indemnify and hold Wife harmless to every and all extent including but not
limited to all past, present, and future fees, costs and! or expenses associated with
the collection of such debts, judgments, interest, taxes and suits, including
reasonable attorneys fees incurred to enforce this indemnification:
r'reditor Jan 01 info Balance lamoun
First USA #""1'7 1242 'l.00" 4'l.<16 01/12/2001 $8,971.6"
First USA #"",88 "2"'0 102" '7661 01/08/2001 , $6,924.26
Discover #6011 0020 2026 '7'704 01/17/2001 $11,595.46
!'lears #"121 0'10111&0 10'1'1 .01/16/2001 $5,500.6,
AT&T #"4011<10<1 "2Q'1 Q<I'11 01/25/2001 $9,509.90
TOTAL $42,501.96
D. Indemnification:
All further debts incurred by the parties shall be their individual
responsibility. Each party represents and warrants to the other that he or she has
not incurred any debt, obligation, or other liability, other than described in this
Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking
to hold the other party liable for any other debts, obligations, liability, act or
omission of such party, such party will at his or her sole expense, defend the
other against any such claim or demand, whether or not well-founded, and that
he or she will indemnify and hold harmless the other party in respect of all
damages as resulting therefrom including reasonable attorneys fees incurred to
enforce this indemnification. Damages as used herein shall include any claim,
action, demand, loss, cost, expense, penalty, and other damage, including
without limitation, counsel fees and other costs and expenses reasonably
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incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or
Wife to the other in this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice
of any litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms of this
Agreement.
8. FULL DISCLOSURE:
The parties acknowledge that each of them have had a full and ample
opportunity to consult with counsel of their choice regarding their claims arising
out of the marriage and divorce and that they have specifically reviewed their
rights to the equitable distribution of marital property, including rights of
discovery, the right to compel a filing of an Inventory and Appraisement, and the
right to have the court review the assets and claims of the parties and decide
them as part of the divorce action. Being aware of those rights, and being aware
of the marital property owned by each of the parties, the parties hereto, in
consideration of the other terms and provisions of this agreement, do hereby
waive, release and quitclaim any further right to have this court or any other
tribunal equitably distribute or divide their marital property.
The parties acknowledge that they have been fully advised and informed of
the wealth, real and/or personal property, estate and assets, earnings and income
of the other and are familiar with and cognizant of such and the value thereof, or
has knowingly waived such advice and/or information. The parties hereto have
been fully advised and informed of all rights and interests which, except for the
execution and delivery hereof, have been conferred upon or vested in each of
them by law with respect to the property or estate of the other by reason of their
marital status, or has knowingly refused or waived such advice or information.
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9. RELEASES:
Except as otherwise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or
past, present or future support, division of property including income or gain
from property hereafter accruing, right of dower and courtesy, right to act as
administrator or executor in the estate of the other, right to distributive share in
the other's estate, right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of said
marriage relationship, or otherwise, and whether the same are conferred by the
statutory law or by the common law of the Commonwealth of Pennsylvania, or
any other state, or of the common law of the United States of America.
It is further specifically understood and agreed by and between the parties
hereto, that each party accepts the provisions herein made in lieu of and in full
settlement and satisfaction of any and all of said parties' rights against the other
for any past, present and future claims on account of support, matntenance,
alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of each party, including all
claims raised by them in the divorce action pending between the parties.
10. LIFE INSURANCE:
Husband shall maintain a life insurance policy in the amount of
$100,000.00 with the children of the marriage named as beneficiaries. Wife
shall annually be entitled to receive from Husband evidence that the policy is in
place. In the event Husband fails to so obtain and maintain such, Wife shall be
entitled to require Husband to do so and pay for such policy and seek
reimbursement from Husband for the payment and costs of enforcement of such.
Husband's obligation herein stated shall terminate upon Noah's graduation from
high school. The proceeds of such policy in the event of Husband's untimely
death shall be placed in trust for the children. A vehicle establishing the terms of
such trust shall be produced within forty-five (45) days from the execution of this
agreement.
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11. BREACH:
If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach.
The party breaching this contract shall be responsible for the payment of legal
fees and costs incurred by the other in enforcing his or her rights under this
Agreement, or seeking such other remedy or relief as may be available to him or
her.
12. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of
counsel regarding the provisions of this Agreement and their ,legal effect in
advance of the date set forth above to permit such independent review. In the
event either party elects to execute this agreement without the advice of counsel,
he/she shall nevertheless be bound hereby and he/she specifically and knowingly
waives his/her right, if any, to utilize his/her lack of legal representation as a
basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel from his or her selection, and that each
fully understands the facts and has been fully informed as to his or her legal
rights and legal obligations, and each party acknowledges and accepts that this
Agreement is, and the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily, after having had the opportunity to receive
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
improper or illegal agreement or agreements.
13. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair and equitable, that it is being
entered into voluntarily and that it is not the result of any duress or undue
influence. Further, each party acknowledges that he or she has the mental
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capacity to understand the terms provided herein and has not been placed under
duress, coercion or any physical or mental stress.
14. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
15. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements executed between the parties, and/or mayor have been executed
prior to the date and time ofthis Agreement, are null and void and of no effect.
16. MODIFICATION AND WAIVER:
Any modification or waiver of any provision of this Agreement shall be
effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
17. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
18. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
19. VOID CLAUSES:
If any term, condition, clause, or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement and in
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all other respects this Agreement shall be valid and continue in full force, effect
and operation.
20. DISTRIBUTION DATE:
The parties hereto acknowledge and agree that for purposes of distribution
of property as provided for in this agreement, the date of execution of this
agreement shall be known as the Distribution Date.
21. DATE OF EXECUTION:
The parties hereto acknowledge and agree that the date of execution
referred to herein shall be known as the last date upon which either party
executes this agreement.
IN WITNESS WHEREOF, the parties hereto, intending to. be legally
bound hereby, have hereunto set their hands and seals the day and year first
above written.
WITNESS:
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Wayne Ja~ (J
Date: FL-- /7-01
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Alisa E. Janis . ') _ _ 0/
Date: /..,L-
Page 16 of 18
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Janis MSA
Commonwealth of Pennsylvania
COUN1Y OF
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On this, the day of v , 2001, before me, a
Notary Public, personally appeared Wayne Janis, known to me to be the person
whose name is subscribed to the within Settlement Agreement and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~
NOTARY~
My Commission Expires:
NOTARIAL SEAL
JAMES A. MILLER, Notary Public
Boro of Camp Hili, Cumberland County, PA
My Commission Expires April 30, 2005
Commonwealth of Pennsylvani
ss.
COUN1YOF ~
On this, the 7"'" day of D~~ , 2001, before me, a
Notary Public, personally appeared A1isa E. Janis, known to me to be the person
whose name is subscribed to the within Settlement Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
1YWud-
N~~IC
My Commission Expires:
Notarial Seal
Sl1elby A. Minich. NOW)' Public
CamP Hill BOlO. Cumberland County
My Commission Expires Aug. 20. 200S
Merl1I#. PennsylY8nlaAssocla1lOn of NoIar1e8
Page 17 of 18
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EXHIBIT "A"
ASSET
VALUE
WIFE
HUSBAND
Fulton Escrow Account $ 78,975.35 $ 47,385.21 $ 31,590.14
(This is 60% (This is 40%
value to wife) value to husband)
Sea Isle City $ 96,708.42 $ 96,708.42 $ 0.00
(Value of property after
sale for $180,000.00)
nANCREF $ 91,571.83 $ 0.00 $ 91,571.83
Scottrade $ 2,399.81 $ 0.00 $ 2,399.81
TOTAL
$269.655.41
$144.093.63
$125.561.78
DEBTS
Credit Cards
(Husband to assume
all credit card debt)
($ 40,000.00)
($40,000.00)
Net Equity
$229,655.41
$144.093.63
$ 85,561.78
**
All Longaberger Baskets are to be returned to Wife.
**
This agreement is conditioned upon Husband paying all mortgage payments
up to the date Sea Isle City property is sold. Husband warrants that
mortgage payments are current. If mortgage payments are not current,
Husband will reimburse Wife for delinquent mortgage payments.
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Janis MSA
Wayne Janis,
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No.: 00-1078
A1isa E. Janis,
Defendant
Civil Action - Law
In Divorce
ADDENDUM
-tV
NOW, this ~ day of December, 2001, contemporaneously with the
parties execution of their Marital Settlement Agreement and in accordance with
paragraph 16 of said agreement, the parties desire to add the following terms:
CHILDREN'S HEALTH INSURANCE:
In accordance with Alisa E. Janis v. Wayne A. Janis, Cumberland County
Domestic Relations, 1991 Support 2001 (DR 30392), health insurance for the
children until each child reaches the age of majority will be maintained by
Husband consistent with Pa.R.C.P. 191O.16-6(b)(3).
IN WITNESS WHEREOF, the parties hereto, intending to be legally
bound hereby, have hereunto set their hands and seals the day and year first
above written.
WITNESS:
'W~
Wayne Janis
Date:
P
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~~~~ E. Janis I;), 7- I
Page 19 of 19
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Appeal Docket Sheet
Docket Number: 1531 MDA 2001
Page 1 of2
September 27,2001 ' -.Lf,-Ql
Wayne A. Janis
v.
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1:53 P.M.
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Superior Court of Pennsylvania
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Alisa E. Janis, Appellant
Initiating Document: Notice of Appeal
Case Status: Active
Case Processing Status: September 27, 2001
Journal Number:
Case Category: Civil
Awaiting Original Record
Consolidated Docket Nos.:
CaseType:
Rela,ted Docket Nos.:
1532 MDA 2001
Similar Issues
bg.
Next Event Type: Docketing Statement Received
Next Event Type: Original Record Received
SCHEDULED EVENT
Next Event Due Date: October 11, 2001
Next Event Due Date: November 7, 2001
Appellant
Pro Se:
IFP Status:
Appellee
Pro Se:
IFP Status:
COUNSEL INFORMATION
Janis, Alisa E.
Appoint Counsel Status:
No
Appellant Attorney Information:
Attorney: Lauer, Patrick F.
Bar No.: 46430 Law Firm: Lauer, Patrick F., Law Offices of
Address: Aztec Building
2108 Market Street
Camp Hill, PA 17011-4706
Phone No.: (717)763-1800 Fax No.: (717)763-4247
Receive Mail: Yes
E-Mail Address:
Receive E-Mail: No
Janis, Wayne A
Appoint Counsel Status:
Appellee Attorney Information:
Attorney: Miller, James A
Bar No.: 61352 Law Firm:
Address: 2010 Market Street
Camp Hill, PA 17011
Phone No.: (717)737-6400 Fax No.:
Receive Mail: Yes
E-Mail Address:
Receive E-Mail: No
9/27/01
3023
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1:54 P.M.
Appeal Docket Sheet
Docket Number: 1531 MDA 2001
Page 2 of 2
September 27,2001
Superior Court of Pennsylvania
-
FEE INFORMATION
Fee Date
Fee Name
2001-09-2700:00:00.000
Fee Amt
55.00
Paid
Amount
55.00
Receipt Number
2001SPRMD000988
TRIAL COURT/AGENCY INFORMATION
Court Below: Cumberland County Court of Common Pleas
County: Cumberland
Date of Order Appealed From: August 22,2001
Date Documents Received: September 25, 2001
Order Type: Order Entered
Division: Civil
Judicial District: 9
Date Notice of Appeal Filed: September 21, 2001
OTN:
Judge:
Bayley, Edgar B.
Judge
Lower Court Docket No.: 00-1078
ORIGINAL RECORD CONTENTS
Original Record Item
Filed Date
Content/Description
Date of Remand of Record:
BRIEFS
Filed Date
DOCKET ENTRIES
Docket Entry/Document Name Party Type
Filed By
September 27,2001 Notice of Appeal Filed
Appellant
Janis, Alisa E.
September 27, :2001 Docketing Statement Exited (Domestic Relations)
Middle District Filing Office
9/27/01
3023
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No. 1531 MDA2001
Wayne A. Janis
Appeal from the
v.
: OE 8/22/01 Court
Alisa E. Janis
: of Common Pleas
: for the Couuty of Cumberland
: No. 00-1078
9/27/01 - The above appeal is hereby withdrawn aud discoutinued by order of:
Patrick F. Lauer, Jr.. ESQ.
Attorney for Appellant
9/27/01 - DISCONTINUED
TRUE COPY FROM RECORD
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of
said Court, at Harrisburg, this first day of October 2001
rw~
Chief Clerk
.,
/ ..
David A. Szewczak, Esq,
Prothonotary
Patricia A. Whittaker
a,;"fOerk
Superior Court of Pennsylvania
Middle District
October 1, 2001
Notice of Discontinuance of Action
RE: Janis, W. A v. Janis, A E.
Appeal of: Alisa E. Janis
Type of Action: Notice of Appeal
No. 1531 MDA 2001
Cumberland County Court of Common Pleas
Agency Docket Number: 00-1078
~J.
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Fulron Buildine. 200 N. Third Street. 9th Floor
Harrisbunr. P A 17101
717-772-1294
www.superior.coun.state.pa.us
The above-captioned matter has been marked "Discontinued" with this court.
Certification is being sent to the lower court.
Attorney Name
Party Name
Patrick F. Lauer, Esq.
James A Miller, Esq.
Alisa E. Janis
Wayne A Janis
Party Type
Appellant
Appellee
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