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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
STATE OF ~~
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COUNTY
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'l'he Property Settlerrent Agreerrent dated May 14, 1998 attached hereto is I:
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PENNA,
RICHARD VANADIA,
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Plaintiff
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.. PI;:NN'i YANADIA,
Defendant
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DECREE IN
DIVORCE
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AND NOW, ..,....M?,(..'?-,I..........., 19,~~..,. it is ordered and
decreed that, , , " " " '" ~~, y~~~, " '" , , " " " " '" " '. plaintiff,
and, , .. , .. , , , .. , .. , , .. .. ,~ y~~~, , .. .. , , .. .. , , , , , .. , .., defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which hove
been raised of record in this action for which 0 final order has not yet
been entered;
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THIS AGREEMENT made this / Lf day or...) tZ~ , 1998, by and between
RICHARD VANADIA. residing at 107 South Third Stre ,Apartment 8, Lemoyne, Cumberland County,
Pennsylvania 17043, hereinafter rererred to as "HUSBAND," and PENNY VANADIA, residing at 495 Nutt
Road, Apartment E-101, Phoenlxvllle, Chester County, Pennsylvania 19460, hereinafter referred '0 as
"WIFE."
WI TNESS ETH:
WHEREAS, the parties were married on the 9th day or November, 1991 In Wllllamsport, Lycomlng
County, Pennsylvania; and
WHEREAS, the parties are the natural parents of one minor children, MARIAH K. VANADIA, age 3,
whose date of birth 15 April 18, 1995; and
WHEREAS, In consequence of disputes and unhappy difficulties, the parties have agreed to live
separate and apart during their natural lives; and
WHEREAS, the parties are desirous of settling their existing property rights Including an amicable
equitable distribution, assignment and division of their property, which property Is considered to be "marital
property" as defined In the Divorce Code known as Act 26 of 1980, and amendments thereto enacted Into
law on February 12, 1988; and
WHEREAS, the parties are desirous of settling the Issues of alimony/alimony pendente lite/spousal
support; and
NOW THEREFORE, In consideration of the promises and the mutual undertaking herein contained
and for other good and valuable consideration, the parties agree as follows:
1, SftParatlon, The parties shall hereinafter live separate and apart, Each shall be free from
Interference, authority, and control, direct and Indirect, by the other as If he or she were single and
unmarried,
2, Control of Agreement, The provisions of this Property Settlement Agreement shall govern
all claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other
property rights, and all other claims which the WIFE or HUSBAND has or might have against the other and
for the complete and absolute satisfaction of any claim or right the WIFE against the HUSBAND or the
HUSBAND against WIFE for support, alimony, counsel fees and costs, alimony pendente lite, equitable
distribution, or other property rights, except as set forth hereinafter,
3, Divorce, A Complaint In Divorce was flied by HUSBAND on February 9, 1998, alleging the
Irretrievable breakdown of the marriage, and seeking a divorce under Section 3301(c) or 3301(d) of the
Pennsylvania Divorce Code, The Complaint Is docketed to No, 98-767 Civil Term, Simultaneously with the
execution of this Property Settlement Agreement, the parties will sign any and all documents necessary to
obtain a Divorce Decree under Section 3301 (c) of the Divorce Code, Including but not limited to, Affidavits of
Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under
Section 3301 (c) of the Divorce Code,
4, Real Prqperty. The parties acknowledge and represent that they are not the owners of any
jointly titled or Individually titled real property subject to equitable distribution,
5, Personal Prqperty. The parties have acquired certain personal property during the course of
their marriage, and hereby acknowledge and represent that such personal property has been divided to their
mutual satisfaction with the exception of the following Items that shall be distributed pursuant to the tenns of
this Agreement.
HUSBAND shall retain the following Items of personal property: green sectional sofa; big screen
television; 27-lnch television; computer, printer, monitor, desk, and any and all other computer related
materials; dresser; TV stand; stereo cabinet; any and all Star Trek collectibles; two antique radios; dining
room set; and VCR. WIFE shall retain the following Items: wedding china; VCR gifted from WIFE's father;
crystal; sliver service; coffee table; and the victrola; however, In the event that WIFE decides to sell the
victrola, HUSBAND shall receive the right of first refusal to purchase the Item at fair market value,
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The parties jointly own a Gossamer Plate and several Warner Brothers' Christmas ornaments, The
parties agree to share these Items on a yearly basis, with the transfers to occur during the Christmas
holiday, The parties contemplate that when their minor child Marlah spends the Christmas holiday with
HUSBAND, the above Items will be transferred to HUSBAND's home where they will remain until the
following year, When the minor child spends the Christmas holiday with WIFE, the Items will be transferred
to WIFE's home where they will remain until the following year, The transfer shall occur on the first day of
Marlah's visit with the parent having custody over the Christmas holiday, The parties further agree that upon
Marlah's 18th birthday, they will deliver the Gossamer Plate and Christmas ornaments to her together, and
the Items shall become her sole and separate property free and clear of any right, title and Interest (lither
party may have,
With the exception of the above-referenced Items, It 15 agreed that each party shall retain all Items of
tangible personal property currently in their possession as If It were their sole and separate property, Neither
party shall make any claim to any such Items of marital property, or of the separate personal property of
either party which Is now in the possession or under the control of the other, Furthermore, each party
agrees to waive any right, title and/or interest they may have to the property In the possession of the other,
Should It become necessary, the parties each agree to sign upon request, any titles or documents
necessary to give effect to this paragraph,
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6, Allmon.y. The parties agree that WIFE shall pay to HUSBAND alimony for a period of three
(3) years or thirty-six (36) months, More specifically, WIFE agrees to pay to HUSBAND, the sum of $100,00
per month In alimony for a period of ten (10) months, Beginning on the 11th month and continuing for
twenty-six (26) consecutive months thereafter, WIFE agrees to pay to HUSBAND, the sum of $150,00 per
month In alimony, For example, during months one through ten, WiFE will pay $100,00 In alimony, During
months 11 through 36, WIFE shall pay $150,00 per month In alimony,
Payments shall be paid by WIFE directly to HUSBAND on the first day of every month and shall
commence on the first day of the month following the date of this Agreement. It Is agreed that as alimony,
all payments shall be tax deductible to WIFE and shall be considered taxable income to HUSBAND, The
parties agree that this alimony provision Is non.modlflable, In the event that HUSBAND remarries during the
thirty-six (36) month period of alimony, all alimony payments will terminate, Remarriage is defined to include
homosexual or heterosexual unions and/or registered domestic partnerships In whatever state,
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7, Custoc/j(, The parties agree to share physical and legal custody of their minor child Marlah,
and ratify In full the Custody Stipulation docketed to No, 97.4347 Civil Term, and made an Order of Court on
March 19, 1998, The parties agree that the above shall continue to remain In full force and effect.
8, Child Support. The parties acknowledge that this Agreement does not contemplate child
support, daycare expenses, or unrelmbursed medical expenses,
9, Social Security Allotment. HUSBAND currently receives approximately $680,00 per month
through the Social Security Administration In dlsabllJty Income, The minor child, Marlah, also receives an
allotment from the Social Security Administration In the amount of approximately $340,00 per month due to
HUSBAND's dlsabllJty, The parties acknowledge and represent that WIFE 15 the recipient of the minor
child's allotment from the Social Security Administration, and that the allotment Is to be used for the care and
support of the parties' minor child,
Commencing on the first month after the date of this Agreement, WIFE shall provide HUSBAND with
a portion of the allotment to be used for the care and support of the child. HUSBAND's share shall be In
proportion to his amount of custodial time with the parties' minor child and shall continue as long as the
allotment continues, For example, under the parties' CUstody Order dated March 19, 1998, HUSBAND's
custodial periOds equal 40% of the time, Therefore, HUSBAND would be entitled to 40% of the Social
Security allotment, or $136,00, WIFE shall provide HUSBAND with his portion of the allotment no later than
the 8th day of each month, and payment shall be made directly to HUSBAND,
The parties speciflcally contemplate that when the minor child, Marlah, enters kindergarten,
HUSBAND's portion of the allotment may change due to the fact that HUSBAND's custodial time may
change,
10, Income Tax Deduction, The parties agree that WIFE shall be entitled to claim the minor
child as a dependent on her Income tax return and collect the dependency deduction for the tax year 1998.
The parties agree that as long as the dependency deduction only benefits WIFE and does not benefit
HUSBAND, WIFE shall be entitled to claim It on her Income tax return, However, this provision shall be
reviewed every year and If HUSBAND determines that he would benefit from the dependency deduction,
then the parties agree to alternate the deduction yearly with HUSBAND to claim It the first year he becomes
entitled,
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11, Bank Accounts. Any and all bank accounts In the parties' names which existed at
separation have been previously divided to both parties' mutual satisfaction, The parties acknowledge that
there are no Joint accounts remaining In existence, Furthermore, each party agrees to waive any right, title,
andlor Interest he or she may have In the bank accounts of the other,
12, PensIon and Retirement Benefits, The parties acknowledge that WIFE has a 401K Plan,
No, 144-64-6908, through her employer Ikon Office Solutions, with an approximate balance of $1,800,00,
and several Series EE bonds with an approximate value of $700,00, HUSBAND agrees to waive any right,
title andlor Interest he may have to the above.referenced 401 K Plan and Series EE bonds, Should It become
necessary, each party agrees to sign any other title or documents necessary to give effect to this section
upon the request of the other party,
The parties acknowledge and represent that there are no other retirement plans, defined benefit
plans, 401 K plans, pension plans, stock plans, andlor savings plans through his or her place of employment,
or otherwise, whether vested or non-vested, that are subject to equitable distribution, Each party specifically
releases and waives any and all right, tille, claim or Interest he or she may have In and to any and all
retirement benefits (Including but not limited to pension or profit sharing benefits, deferred compensation
plans, defined benefit plans, 401 K plans, employee savings and thrift plans, IRAs, or other slmliar benefits),
specifically to include a waiver of any spousal annuity benefits andlor beneficiary designations thereunder,
13, Health Insurance. The parties agree that WIFE shall continue to maintain the minor child
Mariah on her health Insurance policy through her employer, Ikon Office Solutions, Within seven (7) days of
the date of this Agreement, or If WIFE has not yet received the Information, within seven (7) days of her
receipt of such Information, WIFE shall provide HUSBAND with copies of any and all Information regarding
the minor child's health Insurance, Including but not limited to medical cards, prescription cards, participating
providers (doctors, hospitals, pharmacies, etc,), payment policies, and any other general Information
regarding the plan.
14. Life Insurance Policies. HUSBAND and WIFE each hereby specifically releases and
waives any and all rights, tille, claim or interest that he or she may have In and to any and all policies of life
Insurance owned by or Insuring the life of the other, Including the cash surrender value, If any, and also
speclficaliy to Include a waiver of any beneficiary designation thereunder,
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15, I;redlt Card Debt, The parties acknowledge and represent that there are no Joint credit
cards or Joint credit card debt In existence, Any such debt that may have existed at separation has been
divided to the parties' mutual satisfaction, Any credit card debt Incurred subsequent to separation In June of
1997 shall be the sole and separate responsibility of the party who Incurred that debt, and non.debtor party
shall be Indemnlf1ed and held harmless wllh respect to such debt,
16, Medical Bills, The parties agree that WIFE shall be solely responsible for any and all
unrelmbursed medical bills Incurred by the parties' minor child Marlah from June 1997 through March 1998,
The amount of the uncovered medical bills approximates $1,231,00, Furthermore, WIFE agrees to
Indemnify and hold HUSBAND harmless from any responsibility with respect to the above-referenced debt.
17, Miscellaneous Debt,
A, WIFE agrees to be solely responsible for the entire debt Incurred In connection with the sale
of the parties' 1988 Chevy van which approximates $4,000,00. WIFE agrees to Indemnify
and hold HUSBAND harmless wllh respect to such debt.
B, WIFE agrees to be solely responsible for the Ohio telephone and electric bills, which
approximate $550,00, WIFE agrees to Indemnify and hold HUSBAND harmless with respect
to the above bills,
C, Any debt not specifically listed In this Agreement shall be the sole and separate responsibility
of the party who Incurred It.
18, 1996 Federal Income Tax Refund, The parties acknowledge and represent that they
recalved a federal Income tax refund for the 1996 tax year in the approximate amount of $2,400,00, The
parties agree that WIFE shall be entitled to the entire tax refund, free and clear of any Interest, right, or claim
HUSBAND may have to such funds, It 15 contemplated by the parties that the tax refund should be applied
toward the marital debt as more fully described In Paragraphs 16 and 17 above,
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19, Agreement Executed Voluntarily and Clearly Understood, Each party to this Agreement
acknowledges and declares that he or she respecllvely:
A, If fully and completely Informed as to the facts relating to the subject mailer of this
Agreement, and as to the rights and liabilities of both parties;
B, Enters Into this Agreement voluntarily, free from fraud, undue Influence, coercion or
duress of any kind;
C, Has given careful and mature thought to the making of this Agreement;
D, Has carefully read each provision of this Agreement;
E, Acknowledges that there has been a full and fair financial disclosure by both parties,
and fully and completely understands each provision of this Agreement.
20, Release of All Claims. Each party releases the other from all claims, liabilities, debts,
obligations, actions and causes of action of every kind that have been or will be incurred, Moreover, neither
party is relieved or discharged from any obligation under this Agreement or any Instrument or document
executed pursuant to this Agreement.
21. Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has
not Incurred and he hereby agrees that he will not hereafter Incur any liability or obligation on which she Is or
may be liable, If any claim or action Is brought attempting to hold WIFE liable for any such liability or
obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or
not founded, and he shall hold her free and harmless therefrom, WIFE hereby warrants to HUSBAND that
she has not Incurred and she hereby agrees that she will not hereafter Incur any liability or obligation on
which he Is or may be liable, If any claim or action Is brought allemptlng to hold HUSBAND liable for any
such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or
action whether or not founded, and she shall hold him free and harmless therefrom,
22, Additional Instruments, The parties shall, on demand, execute and deliver to the other, any
document, and do or cause to be done, any other act or thing that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If either party falls, on demand, to comply with
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this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably
Incurred as a result of such failure,
23, Full DIsclosure, The respective parties do hereby warrant, represent, and declare, and do
acknowledge and agree that each Is and has been fully and completely Informed of, and Is familiar with and
cognizant of the wealth, Income, real andlor personal property, whether jolntty or Individually titled, estate
and assets of the other, and that each has made a full and complete disclosure to the other of his and her
entire assets and liabilities, and any further enumeration or statement thereof In this Agreement Is hereby
specifically waived. The parties do not wish to make or append hereto any further enumeration or
statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her
heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or
his or her heirs, personal representatives or assigns, In any action or contention, direct or Indirect, that there
was any absence or lack of full and proper disclosure. Further, both parties waive their right to have the
Inventory or financial disclosure statement of the other attached hereto,
24, RfU'resentatlon of the PartIes, HUSBAND Is represented by Johnson, Duffle, Stewart &
Weidner, in connection with the negotiation and preparation of this Agreement. WIFE Is represented by
Melissa p, Greevy, Esquire, Each party acknowledges that he or she has received Independent legal advice
from counsel of his or her own selection, and that each fully understands the facts and has been fully
Informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this
Agreement Is, In the circumstances, fair and equitable, and that it Is being entered Into freely and voluntarily,
after having received such advice and with such knowledge, and that the 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, In addition, each party hereto acknowledges that he or she has been fully advised by his or
her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and
duty to determine all marital rights of the parties Including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or possessed Individually by the other, counsel fees and
costs of litigation, and fully knowing the same and being fully advised of his or her rights thereunder, each
party hereto stili desires to execute this Agreement, acknowledging that the terms and conditions set forth
herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the
Court of Common Pleas of Cumberland County, or any other Court of competent Jurisdiction, make any
determination other than what may have already occurred or order effecting the respective party's rlghts to
alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of
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litigation, Each party has carefully read this Agreement and Is completoly aware of not only Its contents but
also of Its legal effect.
25, Waiver of Rights to Other Party's Estate, Except as provided for herein, HUSBAND and
WIFE each waive any and all right:
A, To Inherit any part of the estate of the other at his or her death, except as provided
herein;
B, To receive property from the estate of the other by bequest or devise except under a
Will or Codicil dated subsequently to the effective date of this Agreement;
C, To act as personal representative of the estate of the other on Intestacy unless
nominated by another party legally entitled to so act;
D, To act as the personal representative under the Will of the other unless 50 nominated
by a Will or Codicil dated subsequently to the effective date of this Agreement;
E, To claim a family allowance In the estate of the other.
26, Containment of Entire Agreement Herein, This Agreement supersedes any and all other
Agreements, either oral or In writing, between the parties relating to the rights and liabilities arising out of
their marriage, This Agreement contains the entire agreement of the parties,
27, Partial Invalidity. If any portion of this Agreement Is held by a Court of competent
jurisdiction to be Invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full
force and effect without being Impaired or invalidated In any way,
28, Effect of Reconciliation, Cohabitation or Divorce Decree. The terms of this Agreement
shall be Incorporated into any Divorce Decree which may be entered with respect to the partles, This
Agreement shall survive any such final judgment or Decree of Divorce, Both parties shall have all rights and
enforcement under applicable law including the Pennsylvania Divorce Code, This Agreement shall also
remain In full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or
attempt to effect a reconciliation, It is the Intent of the parties that this Agreement shall be non.mo,dlfiable
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and enforceable as an Order of Court as provided In 23 Pa,C,S, ~3105, following the entry of any Judicial
decree, judgment or order of dissolution of marriage,
29, Modification, This Agreement shall not be subject to modification except as In accordance
with PennsylvanIa law and with a writing between both parties evidencing their Intent to modify the
Agreement.
30. No Waiver of Default, This Agreement shall remaIn in full force and effect unless and unlll
termInated under and pursuant to the terms of 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 0.1 any
subsequerit default of the same or sImilar nature,
31, Attornevs Fees and EJ(penses, Each party shall be responsible for their own attomeys fees
and expenses,
32, Mutual Coo.peratlon, Each of the parties shall, on demand, execute and deliver to the other,
any deeds, bills of sale, quit claIms, assignments, consents, tax retums, and other documents and do or
cause to be done any other acts or things as may be necessary or desirable to effectuate the provisIons and
purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay
to the other all attomey's fees, costs and other expenses reasonably Incurred as a result of such failure,
33, Bankruptcy, Each of the parties acknowledges and agrees that with respect to the liabilities
each Is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his
or her respective obligations from Income or property not reasonably necessary to be expended for such
party's maIntenance and support or for the maintenance and support of such party's dependents, Should
either party file a Petition under Title XI of the United States Code, or should a petition be filed against either
Involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under
thIs Agreement wlli not result In a benefit to the debtor party that outweighs the detrimental consequence to
the non-debtor party or the non-debtor party's child or children,
34, Law of Pennsylvania Applicable, This Agreement shall be construed In accordance with
the laws of the Commonwealth of PennsylvanIa.
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35, Date of Agreement, The effecllve date of this Agreement shall be the date on which the last
party executes the Agreement If the parties do not execute the Agreement on the same date, Otherwise, the
effecllve date will be the date that both parties execute the Agreement If they execute on the same date,
36, Successors and AsslsJns, This Agreement, except as otherwise expressly provided herein,
shall be binding on and shall Inure to the benefit of the respecllve legatees, devisees, heirs, executors,
administrators, assigns and successors and Interest of the parties,
IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and
year first above written,
WITNESS:
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Richard Vanadia
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Penn nadla -
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.Johnson, Duffie, Stewart & Weidner
By: Kcirstcn L. Wulsh
1.0, No, 78243
301 Murkct Strcct
p, 0, Box 109
LCl11oYllc, PCllllsylvulliu 17043.0109
(717) 761-4540
Atlomcys for Plnintiff: Richnrd Vnllndiu
RICHARD VANADIA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98-767 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Plaintiff
v,
PENNY VANADIA,
Defendant
ORDER OF COURT
ACCOMPANYING DECRFIE IN DIVORCE
AND NOIIY, this -1Ji. day of WI;;> 1 ' 1998, the Court having on even date
herewith entered a Decree In Divorce, IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the
terms, provisions and conditions of the Property Settlement Agreement between the parties dated May 14,
1998 attached to this Order as Exhibit "A" are hereby Incorporated Into the Decree in Divorce and this Order by
reference as fully as though the same were set forth herein at length, Said Agreement shall not merge with,
but shall survive the Decree in Divorce, and Is Incorporated herein for the purposes of enforcement and
confirmation of the legal obligations undertaken therein by and between the parties.
This Court hereby retains continuing jurisdiction over this Order for the pUrpose of insuring compliance
with and enforcement of the terms of the Agreement as attached hereto,
BY THE COURT,
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1, SflPsrstlon, The parties shall hereinafter live separate and apart, Each shall be free from
Interference, authority, end control, direct and Indirect, by the other as If he or she were single and
unmarried,
2, Control of Agreement, The provisions of this Property SeUlement Agreement shall govern
all claims for alimony, support, counsel fees and costs, alimony pendente lIIe, equitable distribution, or other
property rights, and all other claims which the WIFE or HUSBAND has or might have against the other and
for the complete and absolute satisfaction of any claim or right the WIFE against the HUSBAND or the
HUSBAND against WIFE for support, alimony, counsel fees and costs, alimony pendente lite, equitable
distribution, or other property rights, except as set forth hereinafter,
3, Divorce, A Complaint In Divorce was filed by HUSBAND on February 9, 1998, alleging the
Irretrievable breakdown of the marriage, and seeking a divorce under Section 3301(c) or 3301(d) of the
Pennsylvania Divorce Code, The Complaint is docketed to No, 98-767 Civil Term, Simultaneously with the
execution of this Property SeUlement Agreement, the parties will sign any and all documents necessary to
obtain a Divorce Decree under Section 3301 (c) of the Divorce Code, Including but not limited to, Affidavits of
Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under
Section 3301 (c) of the Divorce Code,
4, Real Prooerty. The parties acknowledge and represent that they are not the owners of any
Jointly titled or Individually titled real property subject to equitable distribution,
5, Personal Property. The parties have acquired certain personal property during the course of
their marriage, and hereby acknowledge and represent that such personal property has been divided to their
mutual satisfaction with the exception of the following Items that shall be distributed pursuant to the terms of
this Agreement.
HUSBAND shall retain the following Items of personal property: green sectional sofa; big screen
television; 27-inch television; computer, printer, monitor, desk, and any and all other computer related
materials; dresser; TV stand; stereo cabinet; any and all Star Trek collectibles; two antique radios; dining
room set; and VCR. WIFE shall retain the following Items: wedding china; VCR gifted from WIFE's father;
crystal; silver service; coffee table; and the victrola; however, in the event that WIFE decides to sell the
victrola, HUSBAND shall receive the right of first refusal to purchase the Item at fair market value,
A
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The parties Jolnlly own a Gossamer Plate and several Warner Brothers' Christmas ornaments, The
parties agree to share these Items on a yearly basis, with the transfers to occur during the Christmas
holiday, The parties contemplate that when their minor child Marlah spends the Christmas holiday with
HUSBAND, the above Items will be transferred to HUSBAND's home where they will remain until the
following year, When the minor child spends the Christmas holiday with WIFE, the Items will be transferred
to WIFE's home where they will remain until the following year, The transfer shall occur on the first day of
Marlah's visit with the parent having custody over the Christmas holiday, The parties further agree that upon
Marlah's 18th birthday, they will deliver the Gossamer Plate and Christmas ornaments to her together, and
the Items shall become her sole and separate property free and clear of any right, tllle and Interest either
party may ~ave,
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With the exception of the above-referenced Items, It Is agreed that each party shall retain all Items of
tangible personal property currenlly In their possession as If It were their sole and separate property, Neither
party shall make any claim to any such Items of marital property, or of the separate personal property of
either party which Is now In the possession or under the control of the other, Furthermore, each party
agrees to waive any right, title and/or Interest they may have to the property In the possession of the other,
Should It become necessary, the parties each agree to sign upon request, any tilles or documents
necessary to give effect to this paragraph,
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6, Aflmony, The parties agree that WIFE shall pay to HUSBAND alimony for a period of three
(3) years or thirty-six (36) months, More specifically, WIFE agrees to pay to HUSBAND, the sum of $100.00
per month In alimony for a period of ten (10) months, Beginning on the 11th month and continuing for
twenty-six (26) consecutive months thereafter, WIFE agrees to pay to HUSBAND, the sum of $150,00 per
month In alimony, For example, during months one through ten, WIFE will pay $100,00 In alimony, During
months 11 through 36, WIFE shall pay $150,00 per month In alimony,
Payments shall be paid by WIFE dlrectiy to HUSBAND on the first day of every month and shall
commence on the first day of the month following the date of this Agreement. It Is agreed that as alimony,
all payments shall be tax deductible to WIFE and shall be considered taxable Income to HUSBAND, The
parties agree that this alimony provision Is non-modifiable, In the event that HUSBAND remarries during the
thirty-six (36) month period of alimony, all alimony payments will terminate, Remarriage Is defined to Include,
homosexual or heterosexual unions and/or registered domestic partnerships In whatever state,
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7, Custodv. The parties agree to share physical and legal custody of their minor child Marlah,
and ratify In full the Custody Stipulation docketed to No, 97-4347 Civil Term, and made an Order of Court on
March 19, 1996, The parties agree that the above shall continue to remain In full force and effect.
6, Child Support, The partIes acknowledge that thIs Agreement does not contemplate child
support, daycare expenses, or unrelmbursed medical expenses,
9, Social Security Allotment, HUSBAND currently receIves approximately $680,00 per month
through the Social Security AdminIstration In disability Income, The mInor child, Marlah, also receives an
atlotment from the Social Security AdmInistration In the amount of approximately $340,00 per month due to
HUSBAND's disability, The parties acknowledge and represent that WIFE 15 the recIpient of the mInor
child's allotment from the Social Security Administration, and that the allotment Is to be used for the care and
support of the parties' mInor child,
Commencing on the first month after the date of this Agreement, WIFE shall provide HUSBAND with
a portion of the allotment to be used for the care and support of the child, HUSBAND's share shall be In
proportion to his amount of custodial time with the partIes' minor child and shall continue as long as the
allotment continues, For example, under the parties' Custody Order dated March 19,1996, HUSBAND's
custodial periods equal 40% of the time, Therefore, HUSBAND would be entitled to 40% ,of the Social
Security allotment, or $136,00, WIFE shall provide HUSBAND with hIs portIon of the allotment no later than
the 6th day of each month, and payment shall be made directly to HUSBAND,
The parties speclflcally contemplate that when the minor child, Marlah, enters kIndergarten,
HUSBAND's portIon of the allotment may change due to the fact that HUSBAND's custodial time may
change,
10, Income Tal( Deduction. The parties agree that WIFE shall be entitled to claim the mInor
child as a dependent on her Income tax return and collect the dependency deduction for the tax year 1996,
The partIes agree that as long as the dependency deduction only benefits WIFE and does not benefit
HUSBAND, WIFE shall be entitled to claim It on her Income tax return, However, this provision shall be
reviewed every year and If HUSBAND determInes that he would benefit from the dependency deduction,
then the parties agree to alternate the deduction yearly with HUSBAND to claim It the first year he becomes
entitled,
4
11, Bank Accounts. Any and all bank accounts In the partlas' names which existed at
separallon have been previously divided to both partIes' mutual sallsfacllon, The parties acknowledge that
there are no Joint accounts remainIng In exIstence, Furthermore, each party agrees to waive any right, IIlIe,
and/or Interest he or she may have In the bank accounts of the other,
12, Pension and Retirement Benefits, The parties acknowledge that WIFE has a 401K Plan,
No, 144-64-6908, through her employer Ikon Office Solullons, with an approximate balance of $1,800,00,
and several Series EE bonds with an a~proxlmate value of $700.00, HUSBAND agrees to waive any right,
title and/or Interest he may have to the above-referenced 401K Plan and Series EE bonds, Should It become
necessary, each party agrees to sign any other IItle or documents necessary to give effect to thIs secllon '
,
upon the request of the other party,
The parties acknowledge and represent that there are no other rellrement plans, defined benefit
plans, 401 K plans, pension plans, stock plans, and/or savIngs plans through his or her place of employment,
or otherwise, whether vested or non-vested, that are subject to equitable dlstrlbullon, Each party specifically
releases and waives any and all right, tille, claim or Interest he or she may have In and to any and all
rellrement benefits (Including but not limited to pension or profit sharing benefits, deferred compensallon
plans, defined benefit plans, 401K plans, employee savings and thrift plans, IRAs, or other similar benefits),
specifically to Include a waiver of any spousal annuity benefits and/or beneficiary deslgnallons thereunder,
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13, Health Insurance. The parties agree that WIFE shall conllnue to maintain the mInor child
Marlah on her health Insurance policy through her employer, Ikon Office Solullons, Within seven (7) days of
the date of this Agreement, or If WIFE has not yet receIved the Informallon, within seven (7) days of her
receipt of such Information, WIFE shall provide HUSBAND with copies of any and alllnformallon regarding
the minor child's health Insurance, Including but not limited to medical cards, prescrlpllon cards, participallng
providers (doctors, hospitals, pharmacies, etc,), payment policies, and any other general Informallon
regarding the plan,
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14. Life Insurance Policies. HUSBAND and WIFE each hereby specifically releases and
waives any and all rights, tille, claim or Interest that he or she may have In and to any and all policies of life
Insurance owned by or Insuring the life of the other, Including the cash surrender value, If any, and also
specifically to Include a waiver of any beneficiary designation thereunder,
5
15, Credit Card Debt. The parties acknowledge and represent that there are no Joint credit
cards or jotnt credit card debt In existence, Any such debt that may have existed at separalion has been
divided to the parties' mutual salisfaclion, Any credit card debt Incurred subsequent to separalion In June of
1997 shall be the sole and separate responsibility of the party who Incurred that debt, and non.debtor party
shall be Indemnified and held harmless with respect to such debl.
16, Medical BlI1s, The parties agree that WIFE shall be solely responsible for any and all
unrelmbursed medical bills Incurred by the parties' minor child Marlah from June 1997 through March 1998,
The amount of the uncovered medical bills approximates $1,231,00, Furthermore, WIFE agrees to
Indemnify and hold HUSBAND harmless from any responsibility with respect to the above-referenced debl.
.'
17. Miscellaneous Debt.
A, WIFE agrees to be solely responsible for the enlire debt Incurred In conneclion with the sale
of the parties' 1988 Chevy van which approximates $4,000,00, WIFE agrees to Indemnify
and hold HUSBAND harmless with respect to such debl.
B, WIFE agrees to be solely responsible for the Ohio telephone and electric bills, which
approximate $550,00, WIFE agrees to Indemnify and hold HUSBAND harmless with respect
to the above bills,
C, Any debt not specifically listed In this Agreement shall be the sole and separate responsibility
of the party who Incurred II.
18. 1996 Federal Income Tax Refund. The parties acknowledge and represent that they
received a federal Income tax refund for the 1996 tax year In the approximate amount of $2,400,00, The
parties agree that WIFE shall be enlitled to the enlire tax refund, free and clear of any Interest, right, or claim
HUSBAND may have to such funds, II is contemplated by the parties that the tax refund should be applied
toward the marital debt as more fully described in Paragraphs 16 and 17 above,
6
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19, Aflr6ement Executed Voluntarllv and Clearlv Understood, Each party to this Agreement
' acknowledges and declares that he or she respectively:
A. If fully and completely Informed as to the facts relating to the subject matter of this
Agreement, and as to the rights and liabilities of both parties;
B, Enters Into this Agreement voluntarily, free from fraud, undue Innuence, coercion or
duress of any kind;
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C, Has given careful and mature thought to the making of this Agreement;
.'
D, Has carefully read each provision of this Agreement;
E, Acknowledges that there has been a full and fair financial disclosure by both parties,
and fully and completely understands each provision of this Agreement.
20, Release of All Claims, Each party releases the other from all claims, liabilities, debts,
obligations, actions and causes of action of every kind that have been or will be Incurred, Moreover, neither
party Is relieved or discharged from any obligation under this Agreement or any Instrument, or document
executed pursuant to this Agreement.
21, Holding Other Party Free and Harmless, HUSBAND hereby warrants to WIFE that he has
not Incurred and he hereby agrees that he will not hereafter Incur any liability or obligation on which she is or
may be liable, If any claim or action is brought attempting to hold WIFE liable for any such liability or
obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or
not founded, and he shall hold her free and harmless therefrom, WiFE hereby warrants to HUSBAND ttlat
she has not incurred and she hereby agrees that she will not hereafter Incur any liability or obligation on
which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any
such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or
action whether or not founded, and she shall hold him free and harmless therefrom,
22, Additional Instruments. The partIes shall, on demand, execute and deliver to the other, any
document, and do or cause to be done, any other act or thing that may be necessary or desirable to
effectuate the provisIons and purposes of this Agreement. If either party falls, on demand, to comply with
7
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thIs provision, that party shall pay to tha other, all attorney's fees, costs and other expenses reasonably
Incurred as a result of such failure,
23, Full Disclosure, The respecllve parties do hereby warrant, represent, and declare, and do
acknowledge and agrea that each Is and has been fully and completely Informed of, and Is familiar with and
cognizant of the wealth, Income, real andlor personal property, whether jointly or IndIvIdually titled, estate
and assets of the other, and that each has made a full and complete disclosure to the other of hIs and her
entire assets and liabilities, and any further enumeration or statement thereof In this Agreement Is hereby
specifically waived, The partIes do not wish to make or append hereto any further enumeration or
statement. Each of the partIes hereto further covenants and agrees for himself or herself that his or her
"
heirs, personal representatives and assIgns, that he or she will never at any time hereafter sue the, other or
his or her heirs, personal representatives or assigns, In any action or contention, direct or Indirect, that thare
was any absence or lack of full and proper disclosure, Further, both parties waive their right to have the
Inventory or financial disclosure statement of the other attached hereto,
24, R(!Jlresentatlon of the PartIes, HUSBAND Is represented by Johnson, Duffle, Stewart &
Weidner, In connection with the negotiation and preparation of this Agreement. WIFE Is represented by
Melissa p, Greevy, Esquire, Each party acknowledges that he or she has received Independent legal advice
from counsel of his or her own selection, and that each fully understands the facts and has been fully
Informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this
Agreement Is, in the circumstances, fair and equitable, and that It Is beIng entered Into freely and voluntarily,
after havIng received such advice and with such knowledge, and that the execution of this Agreement Is not
the result of any duress or undue Innuence, and that It Is not the result of any Improper or Illegal Agreement
or Agreements, In addition, each party hereto acknowledges that he or she has been fully advised by his or
her respective attorney of the Impact of the Pennsylvania DIvorce Code, whereby the Court has the right and
duty to determIne all marital rights of the parties Including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or possessed IndIvidually by the other, counsel fees and
costs of litigation, and fully knowing the same and being fully advIsed of hIs or her rights thereunder, each
party hereto stili desires to execute thIs Agreement, acknowledging that the terms and conditions set forth
hereIn are fair, just and equitable to each of the partIes, and waives his and her respective right to have the
Court of Common Pleas of Cumberland County, or any other Court of competent jurisdIction, make any
determination other than what may have already occurred or order effecting the respective party's rights to
alimony, alimony pendente lite, support and maintenance, equItable distribution, counsel fees and costs of
8
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IIl1gallon, Each party has carefully read this Agreement and Is completely aware of not only Its contents but
also of Its legal effect.
25, WaIver of RIghts to Other Party's Estate, Except as provided for herein, HUSBAND and
WIFE each waive any and all right:
A, To Inherit any part of the estate of the other at his or her death, except as provided
herein;
B, To receive property from the estate of the other by bequest or devise except under a "
"
Will or Codicil dated subsequenlly to the effecllve date of this Agreement;
C, To act as personal representative of the estate of the other on Intestacy unless
nominated by another party legally entllled to so act;
D, To act as the personal representallve under the Will of the other unless so nominated
by a Will or Codicil dated subsequently to the effective date of this Agreement;
E, To claim a family allowance In the estate of the other,
26, Containment of Entire Agreement Herein, This Agreement supersedes any and all other
Agreements, either oral or In wrillng, between the parties relallng to the rights and lIabllllles arising out of
their marriage, This Agreement contains the entire agreement of the parties.
27, Partial Invalidity. If any portion of this Agreement Is held by a Court of competent
Jurisdiction to be Invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue In full
force and effect without being Impaired or Invalidated In any way,
28, Effect of ReconciliatIon. Cohabitation or Divorce Decree, The terms of thIs Agreement
shall be Incorporated Into any Divorce Decree which may be entered with respect to the pa~les, This
Agreement shall survive any such final judgment or Decree of Divorce, Both parties shall have all rights and
enforcement under applicable law Including the Pennsylvania Divorce Code, This Agreement shall also
remain In full force and effect even If the parties effect a reconciliation, cohabltate as Husband and Wife, or
attempt to effect a reconclllallon, It Is the Intent of the parties that this Agreement shall be non-modifiable
9
and enforceable as an Order of Court as provided In 23 Pa,C,S, ~3105, following the entry of any Judicial
decree, judgment or order of dissolution of marriage,
29, Modification, This Agreement shall not be subject to modification except as In accordance
with Pennsylvania law and with a writing between both parties evidencing their Intent to modify the
Agreement.
30, No Waiver of Default, This Agreement shall remain In full force and effect unless and until
terminated under and pursuant to the terms of 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 o.f. any,
subsequerii default of the same or similar nature,
31, AttornQys Fees and Expenses, Each party shall be responsible for their own attorneys fees
and expenses,
32, Mutual Cooperlltlon, Each of the parties shall, on demand, execute and deliver to the other,
any deeds, bills of sale, quit claims, assignments, consents, tax retums, and other documents and do or
cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and
purposes of this Agreement. If either party falls on demand to comply with this provision, that p,arty shall pay
to the other all attorney's fees, costs and other expenses reasonably Incurred as a result of such failure,
33, Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities
each Is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his
or her respective obligations from Income or property not reasonably necessary to be expended for such
party's maintenance and support or for the maintenance and support of such party's dependents, Should
either party file a Petition under Tltie XI of the United Stales Code, or should a petition be filed against elt~er
Involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under
this Agreement wllI not result In a benefllto the debtor party that outweighs the detrimental consequence to
the non-debtor party or the non.debtor party's child or children,
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34, Law of Pennsylvania Applicable, This Agreement shall be construed In accordance with
the laws of the Commonwealth of Pennsylvania,
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IN ntE COJRT OF CCMION PLEAS OF
CUMBERLAND COlJNI"{, PENNSYLVlINIA
RICHARD VANADIA.
NO,
98-767 CIVIL TERM
Plaintiff
IN DIVORCE
vs.
PENNY VIlNADIA.
Defendant
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. Grounds for divorce: irretrievable breakdown under Section 3301 (c)
~) of the Divorce Code, (Strike out inapplicable section)
2. Date and manner of service of the complaint: Acceptance of Service signed by
Defendant's counsel, Melissa Greevy, Esquire. on February 11, 1998 and filed on February
23, 1998.
3.
Complete either Paragraph A, or B.
A. Date of execution of the affidavit of con$ent required by Section
3301 (c) of the Divorce Code: by
May 14, 1998
the plaintiff
May 14, 1998
by the defendant
B. (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: N:me. Parties executed a prooertv Settlement Jlareenient
reSOlving all issues, which is being incorporated into the Divorce Decree.
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)(l)(il of the Divorce Code Waiver of Notice of Intention to Request EntJ:y
of a Divorce Decree signed by Plaintiff on May 14, 1998 and signed by Defendant on .
May 14, 1998.
Defendant
Attorney
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'Johnson, Duffie, Stewart & Weidner
By: Kcirstcn L. Wulsh
1.0, No, 78243
301 Murkct Street
p, 0, Box 109
Lcmoync, Pcnnsylvaniu 17043-0109
(717) 761.4540
Allomcys for Pluintiff, Richllrd VlInlldiu
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RICHARD VANADIA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, q~. rJ(p 'I ~'.4.0-.
CIVIL ACTION - LAW
I
Plaintiff
v,
PENNY VANADIA,
IN DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
,
You have been sued In court, If you wish to defend against the claims set forth In the following pages,
you must take prompt action, You are warned that if you fall to do so, the case may proceed without you and a
decree of divorce or annulment may be entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these pages by the Plaintiff. You may lose money or
property or other rights important to you, Including custody or visitation of your children,
,
1
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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,
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE THE 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,
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Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Telephone: (717) 240-6200
,
,
8, The Plaintiff has been advised of the availability of marriage counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate In counseling,
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce under Section
3301 (c) or Section 3301 (d) of the Divorce Code,
COUNT II
Equitable Distribution of Marital Property
9, The Plaintiff Incorporates herein by reference the allegations set forth In Paragraphs 1 through
8 Inclusive, of the Complaint, as If the same were set forth herein at length,
10, The Plaintiff and Defendant have legally and beneficially acquired certain personal property
during their marriage,
WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital
property,
COUNT III
Counsel Fees, Costs and Expenses
11, The Plaintiff incorporates herein by reference the allegations set forth In Paragraphs 1 through
10 inclusive, of the Complaint, as If the same were set forth herein at length,
12, The Plaintiff has retained an attomey to represent him in this action and has agreed to pay a
reasonable fee,
13, The Plaintiff Is not financially able to meet the expenses and costs involved In connection with
this action, or the fees to which his attorney will be entitled in this case,
14, Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior
to final hearing, Plaintiff requests that after final hearing, the Court order the Defendant to pay Plaintiffs
reasonable counsel fees, costs and expenses,
WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enler an award of counsel
fees, costs and expenses as are deemed reasonable and approprlale,
JOHNSON, DUFFIE, STEWART & WEIDNER
:100792
BY:~~/'toiY) c1Ld:Jh
Kelrsten L. Walsh
I verify that the statements made In this Complaint are true and correct to the best of my knowledge,
Information and belief, , Understand that false statements made herein are made SUbject to the penalties of
18 Pa, C,S,A ~4904, relating to unswom falsification to authorities,
Date:
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RICHARI) V ANADlA,
Plaintitl:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v,
No, 98-767 Civil Term
I'ENNY V ANADIA,
Defendant.
CIVIL ACTION - LA W
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE
I, I consent to thc entry of a final dccrec 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 by the prothonotary,
I verify lhat the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904 relating to unsworn
falsification to authorities,
Date: 5'- \4-'\8
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Pe~ Vanadia
Defendant
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Johnson, Duffic, Stcwart & Weldncr
By: Keirsten L. Walsh
1.0. No. 78243
301 Market Street
P. O. Box \09
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff, Richard Vllnlldia
RICHARD VANADIA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-767 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
v,
PENNY VANADIA,
Defendant
CEBIIFICA TE OF SERVICE
AND NOW, this 20111 day of February, 1998, the undersigned does hereby certify that she did this date
served a copy of the Subsequent Petition Pursuant to Pa.R.C.P. 1920.13 upon the other parties of record by
causing same to be deposited In the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
Melissa Greevy, Esquire
Suite 602
214 Senate Avenue
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
By:~d~
Keirsten L. Walsh
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RICIIARn v ANAI)IA
I'lainlilTll'clilioncr
IN TilE COURT (H' COMMON I'LEAS OF
CUMIIERLANn CO\lNTY,I'.:NNSYLVANIA
VS.
CIVIL ACTION - IlIVORO:
PENNY VANADlA
Dcfcndllnl/Rcspondcnl
NO, 9M - 767 CIVIL TERM
IN DIVORCE
nRII 27,JJI
Pllc~c~1I 261111111I46
ORDER OF COURT
AND NOW.lhis 25'h da)' of Fcbmu,,'. 199M.npon considcrnlion Oflhc ulluchcd I'ctition for
Alimon)' I'cndclllc Lilc und/or counscl fccs. il is hcrcb)' directcd that thc partics und Ihcir rcspcclivc
connscl appcur bcforc RJ, Shadduv on Murch J I. 199M ut 9:1111 u,m, for u confcrcncc.11I 13 N. Hunovcr
St.. Curlislc. I'A 1711IJ. IIncr which thc confcrencc omccr mil)' rccommcnd Ihut IIn Ordcr for Alimony
Pcndcnlc Lilc bc cnlcred,
YOU urc fnrthcr ordcrcd 10 bring to Ihc confcrcncc:
(I) a Imc cop)' of)'onr mosl rcccnt Fcdcrnllncomc Tux Rctnrn. inclnding W-2's us lilcd
(2) )'onr pu)' stubs for Ihc prcccding six ((,) months
(3) thc Incomc und Expcnsc Statcmcnt IllIuchcd to Ihis ordcr. complclcd us reqnircd by Rnlc
19IU,II~"
(4) vcrilication of child curc cxpcnscs
(5) proof of mcdicul covcrngc which )'onma)' huvc. or muy havc u\'uilublc 10 )'on
IF )'on fail to uppcur for Ihc confcrcncc or bring thc rcqnircd docnmcnts. thc Court may issnc u
warrnnl for )'Ollr arrest
cc: pctilioncr and rcsPoljdcnt .
cc: Kcirstcn Walsh. Esq, ''l\a.J1..d Alot:...
cc: Mclissa Grccvy. Esq ,3""'l!j>
Dutc of Ordcr: Fcbmu,,' 25. 199M
YOU HAVE THE RIGHT TO A LAWYER, WHOE MA Y ATTEND THE CONFERENCE AND
REPRESENT YOU, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTIIIIELOW TO FINn OUT WHERE YOU MAY GET
LEGAL IIELP.
COURT ADMINISTRATOR
FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
CARLISLE.I'ENNSYLVANIA 171113
(717) 2411.621111
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By: Keirslen L. Walsh
1.0. No. 78243
301 Mnrkel Street
1'. O. Box 109
Lemoyne. Pennsylvania 17043-0 I 09
(717) 761-4540
Attorneys liJr I'lainlin: Richllrd Vllnlldill
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-767 CIVIL TERM
RICHARD VANADIA,
PENNY VANADIA,
CIVIL ACTION - LAW
IN DIVORCE
v.
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take prompt action. You are warned that If you fall to do so, the case may proceed without you and a
decree of divorce or annulment may be entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested In these pages 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.
{
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
~
.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Telephone: (717) 240-6200
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,Johnson, Duffic, Stcwart & Wcldner
By: Keirsten L. Wnlsh
1.0. No. 78243
30 I Market Street
P. O. Box 109
Lemoyne, Pennsylvnnin 17043-0109
(717) 761-4540
Attorneys lor PllIintiff, Richllrd Vnnndin
RICHARD VANADIA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.767 CIVIL TERM
v.
CIVIL ACTION - LAW
PENNY VANADIA,
IN DIVORCE
Defendant
SUBSEQUENT PETITION PURSUANT TO Pa.R,C,P. 1920.13
The Plaintiff, by and through his counsel, Johnson, Duffie, Stewart & Weidner, files this Subsequent
Petition Pursuant to Pa.R.C.P. 1920.13, and avers in support thereof as follows:
1. This is a divorce action Instituted by the Plaintiff on February 9, 1998.
2. In addition to a divorce, the Plaintiff requested equitable distribution, and counsel fees and
costs.
3. The Plaintiff now desires to make a claim for alimony pendente lite and alimony thereafter and
avers in support thereof as follows:
COUNT I
Alimony Pendente Lite / Alimony
4. The Plaintiff incorporates herein by reference paragraphs 1 through 3 of the Subsequent
Petition as if the same were set forth herein at length.
5. Plaintiff, whose social security number is 141-42-4167, is currently unemployed and obtaining
social security disability in the amount of $670.00 per month.
6. Defendant, whose social security number Is 144.64-6908, Is employed by Ikon Office Solutions
In Harrisburg, Pennsylvania, and Is believed to be earning approxImately $25,000.00 per year.
7. The Plaintiff has insufficient Income and assets to provide for his needs.
WHEREFORE, the PlaIntiff respectfully requests that your Honorable Court enter an Order of alimony
pendente lite, and atlmony thereafter.
JOHNSON, DUFFIE, STEWART & WEIDNER
:106742
By: I.tp/,~~ ~(}J~J
Kelrsten L. Walsh
I verify that the statements made in this Petition are true and correct to the best of my knowledge,
Infom1alion and belief. I understand that false statements made herein are made subject to the penallies of
18 Pa. C.S.A ~4904, relating to unsworn falsification to authorities.
Date: ;), //7 /9 't
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Plnin1ifi'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,I'ENNSYLVANIA
CIVIL ACTION - LAW
vs,
PENNY V ANADlA
Defendant
NO. 98-0767 CIVIL TERM
ORDER OF COURT
And now on this ~~ day of 2mt-. ~('J, 1999, upon consideration of
PlaintilT's Petition for Relief to enforce an ORnER. OF THE COUR.T, and CIVIl.
CONTEMPT FOR DISOBEDIENCE OF ORDER OF THE COURT, a Rule is hereby
issued upon Defendant to show cause why the relief requested should not be granted,
RULE RETURNABLE at a hearing scheduled forO~ ;Jf,
1999, at /: 3()f~'in Courtroom No.L Cumberland County Courthouse,
Carlisle, Pennsylvania. .
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Riehard Vanadia
4621-5 South Salem Church Road
Dover, Pennsylvania 17315-4243
Plaintiff, Pro Se
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495 Nutt Road
Apartment E-101
Phocnixvillc; Pennsylvania 19460.3354
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RICHARD V ANADlA : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
PENNY V ANADIA
Defcndant
: NO: 98-0767, CIVIL TERM
: ORDER OF THE COURT
PETITION FOR RELEIF TO:
ENFORCE ORDER OF THE COURT
AND
FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF ORDER OF
THE COURT
Thc plaintiff/petitioncr, Richard Vanadia, by and through rcprcscntation of
himself, states the following:
1. The plaintiff / petitioncr, Richard Vanadia, hercafter referred to as Plaintiff, is
an adult individual who currently resides at 4621 - 5 South Salem Church
Road, Dover, York County, Pennsylvania, 17315 - 4243.
2. The defendant / respondent, Penny Vanadia, hereafter referred to as
Defendant, is an adult individual who currently resides at 495 Nutt Road,
apartment E-IO 1, PheonixviJIe, Chester County, Pennsylvania, 19460-3354.
3. A hearing was eonducted on August 26th, 1999 upon eonsideration of the
Plaintiff's petition for special relief to enforce DECREE IN DIVORCE, and
for eivil eontempt for disobedience of Decree in Divoree. Following a hearing
held on this date, in which the parties represented themselves, it was ordered
and directed that the Defendant hereafter eomply on a timely basis with the
requirements of the agreement.
5. Defendant has continued to not surrender the Warner Brother's Colleetible
Plate depieting c1assie Bugs Bunny and "Monster" Gossamer, as indieated in
the PROPERTY SETTLEMENT AGREEMENT (98-767, CIVIL TERM,
DIVORCE) and as ordered and directed by the ORDER OF THE COURT,
(98-0767, CIVIL TERM, ORDER OF THE COURT) after being found
willfully in contempt on August 26th, 1999.
6. Plaintiff wishes to:
A) Have Defendant surrender eustody of the Warner Brother's
collectible plate as indicated by the DECREE IN
DIVORCE, and then once again as ordered and direeted by
I
· Defendant surrender the Warner Brother's plate in IIccordance with the
DECREE IN DIVORCE, "nd thll order "nd direction oflhll ORDER
OF THE COURT on August 261h, 1999.
PlaintifTalso requests the court 10:
· Retain jurisdietion ovcr this case.
· Find the Defendant in contempt of court, and sentence her to
imprisonment for a pcriod of one week, and a fine ofSIOO.OO for
failurc to abide by the order of the eourt.
· Find any and all legal fecs eneurred by PlaintifTto enforce the
DECREE IN DIVORCE, pcr ineident, pcr oecllrrence, now and in the
future, due to the Defendant's willfulness to be disobedient and / or in
eon tempt of the Court's order, to be the rull and sole responsibility or
the Defendant.
· Any other relief that the COllrt deems just and propcr.
~ct ully SUb~d,
Richard Vanadia
4621 - 5 South Salem Church Road
Dover Pennsylvania, 17315-4243
(717) 308-1049
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RICHARD VANADIA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
PENNY VANADIA,
Defendant
No. 98-0767 CIVIL TERM
ORDER OF COURT
AND NOW, this 25th day of October, 1999,
upon consideration of Plaintiff's Petition for Relief:
Enforce Order of the Court and for Civil Contempt for
Disobedience of Order of the Court, and it appearing that
the item which the parties referred to as the Warner
Brothers plate was inadvertently omitted from the Court's
Order dated August 26, 1999, and that it should be
delivered for this year to the Plaintiff, Richard Vanadia,
the Order of Court dated August 26, 1999, is amended to
provide, in addition to its other terms, that the Defendant
shall deliver at a time and place mutually agreeable to
Plaintiff the parties' Warner Brothers plate. In the event
that the parties are unable to agree upon a time and a
place for the transfer of that item, the transfer shall
occur at the Cumberland County Courthouse on Tuesday,
December 21, 1999, at 9:00 a.m, Neither party shall damage
or permit to be damaged, transfer, or otherwise dispose of
the said plate during the term that the party is in
possession of it,
No other relief will be granted at this
;~
time.
Henceforth, the Plaintiff's year for
possession of the aforesaid plate shall begin with his
possession of it upon the transfer by the Defendant
provided for herein and shall continue until Christmas Day
2000.
By the Court,
Richard Vanadia
2809 Blossom Drive
Dover, PA 17315-4243
Plaintiff, Pro Se
Penny Vanadia
496 Nutt Road
Apt. E-101
Phoenixville, PA 19460-3354
Defendant, Pro Se
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RICHARD V ANADlA.
Plaintifl.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v,
CIVIL ACTION - LA W
PENNY V ANADlA,
Defcndant
NO. 98-0767 CIVIL TERM
ORDER OF COURT
AND NOW, this l_D~ay of Dcccrnbcr, 1999, upon consideration of Dcfcndant's
Pctition for Rclicf to Dismiss Court Hcaring of January 13, 1999. thc motion is dcnied.
A hcaring on Dcfcndant's Pctition for Rclicf to Modify Property Scttlcrncnt Agrccrncnt
as wcl1 as Plaintiffs Pctition for Special Relief to Enforcc Ordcr of thc Court and for
Civil Contempt for Disobcdience of Ordcr of thc Court, has becn prcviously scheduled
for January 14,2000, at 1 :30 p,m. and wiII remain as scheduled.
BY THE COURT,
Riehard Vanadia
5 South Salem Church Road
Dover, I' A 17315-4243
Plainti 1'1', Pro Se
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Penny Vanadia
496 Nutt Road
Apt. E-101
PhoenixviIle, I' A 19460-3354
Defendant, Pro Se
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PENNY E. VANADIA :IN THE COURT OF COMMON PLEAS
Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD VANADIA :NO: 98.0767, CIVIL TERM
Defendant :ORDER OF THE COURT
PETITION FOR RELIEF TO:
DISMISS COURT HEARING OF JANUARY 13, 1999
The plaintiff/petitioner, Penny E. Vanadla, by and through represantatlon of herself,
states the following:
1 , The plaintiff I petitioner, Penny E. Van ad la, hereafter referred to as Plaintiff, Is an
Adult Individual who currently resides at495 Nutt Rd., Apt E.101, Pheonixvllle,
Chester County, Pennsylvania, 19460.3354.
2, The defendant/ respondent, Richard Vanadla, hereafter referred to as Defendant, Is
an adult individual who currently resides at 2809 Blossom Dr., Dover, York County,
Pennsylvania, 17315-4243.
3. A DECREE IN DIVORCE and a PROPERTY SETTLEMENT was made Order of the
Cumberland County Court on May 21, 1998, and a certified copy was Issued
May 26'h, 1998.
4. A hearing was conducted on August 261h, 1999 upon consideration of the
Defendant's petition for special relief to enforce the PROPERTY SETTLEMENT
agreement, and for civil contempt for disobedience of the agreement.
5. An ORDER OF COURT was issued on August 26, 1999 where I, Penny Vanadla was
found gullly of contempt and ordered to pay Defendant, Richard Vanadla $50.00,
pursuant to the ORDER, paragraph 3. This was paid In full.
5, Paragraph 1 of the Augusl26, 1999 ORDER OF COURT, states that I, Penny
EVanadla, shall pay Richard Vanadla the sum of $396.00 within 60 days. $200.00
of this sum was paid Immediately.
6. Richard Vanadla has currently petitioned the Court to enforce me 10 pay the sum of
$1290,00 In back Alimony that Your Honor denied the original requesl for In the
August 26, 1999 ORDER OF COURT, paragraph 3, and paragraph 4, "all other relief
requested by either party Is denied".
7, I, Penny E, Vanadia have been forced to file a Petillon for Relief of Debt under the
Federal Bankruptcy Court of Dauphin County, Chapter 13. Representing attorney Is
Jason Mazzei of Attorney James Bach's Office, Mechanicsburg, PA. Bankruptcy
hearing is scheduled for December 21, 1999. By law, I had to Include all past due
debt and this Includes unpaid alimony (Sept 99 - Nov 99) $450.00, to Richard
Vanadla, and $196.00 of the sum owed by Penny E. Vanadla pursuant to Paragraph
1 on the August 26, 1999 ORDER OF COURT. Richard Vanadla has been Informed
of the hearing, and a Proof of Claim was filed on his behalf by my attorney, Jason
Mazzei,
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8. I, Plaintiff, Penny E. Vanadla have baen verbally counseled by her employer, KPMG
Consulllng LLP (or absenteeism due to personal Issues regarding contlnuad court
appearances In Cumberland and York Counties. KPMG Consulting has made their
position clear Ihall( the absenteeism continues, 1 will be reprimanded with wrlllen
warnings or termination. I, Penny E. Vanadla, being the primary custodial parent o(
Marlah Kathryn Venadla, Minor Child, em (orced to be absent (rom my employment
when the minor child Is sick, and can not atlend praschool, or her bebysltler. Minor
Child Is continuously 1/1 (rom October through April with saasonallllnasses passed
around by her pears and or adults. The (ew remaining personal days I have left to
take (rom my employer would best be served to care (or the minor child, then
consistently appearing In the Court o( Common Pleas, Cumberland County,
Pennsylvania.
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Respectfully SUbmllled,
Penny . ~anadla
495 Null d, E-101
Phoenlxvllle, PA 19460
610-917-1039
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RICHARD VANADIA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PENNY VANADIA,
Defendant
No. 98-0767 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of January, 2000,
upon consideration of the Plaintiff's Petition for Special
Relief To Enforce Order of the Court and for Civil Contempt
for Disobedience of Order of the Court, and of Defendant's
Petition for Relief To Modify Property Settlement
Agreement, and following a hearing, it is ordered and
directed as follows:
1. The Court finds that the Defendant has
failed to pay $96.00 of the amount required under its
previous order, and she is directed to make that payment
today. In the event that the payment is not made today,
she will be held in contempt of court.
2. The parties have agreed that the social
security payment to the Plaintiff will be increased by
$1.00 per period in accordance with the cost of living
increase in the payments.
3. All other relief is denied.
VIi\!'li'i1'\C':'~N=l:1 By the Court,
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Richard Vanadia, Pro Se
5 South Salem Church Road
Dover, PA 17315-4243
Plaintiff
Penny Vanadia, Pro Se
496 Nutt Road
Apt. E-101
Phoenixville, PA 19460-3354
Defendant
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RICHARD VANADIA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
PENNY VANADIA,
Defendant 98-0767 CIVIL TERM
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings were held before the
J. WESLEY OLER, JR., J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
Courtroom Number One,
August 26, 1999.
APPEARANCES:
RICHARD VANADIA,
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PLAINTI FF ),1 .". },'.':'\:!,St~N;H
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PENNY VANADIA, DEFENDANT
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August 26, 1999
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Carlisle, Pennsylvania
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(Whereupon, the following proceedings were held
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at 1:30 p.m.)
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THE COURT: This is the time and place for a
7 hearing on Plaintiff's Petition for Special Relief to Enforce
8 Decree in Divorce and for Civil Contempt for Disobedience of
9 Decree in Divorce Order.
10 A rule was issued on July 12, 1999 in response to
11 that petition. We will let the record indicate that the
12 Plaintiff is present in court representing himself, and the
13 defendant is present in court representing herself.
14 Miss Vanadia, has an answer been filed to the
15 petition?
16
MS. VANADIA: I am not sure I understand what you
17
mean.
Was I supposed to file something in writing?
18
THE COURT: That would be the normal practice. I
19 just wanted to find out
20
MS. VANADIA: The only thing I submitted --
21
THE COURT: Wait, Wait. Wait. I just wanted to
22 find out if you had filed anything.
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MS. VANADIA: I sent a letter back
upon
24 receiving this from the Court, requesting that it be
25 postponed, but it was never answered. And that was the only
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1 thing that I had sent to the Court.
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THE COURT: All right. I don't know anything
3 about a letter, but you evidently didn't file a motion for a
4 continuance.
5
MS. VANADIA: No, I didn't understand how, I
6 don't have legal counsel. I had to have an operation two
7 weeks ago, and I have not really be~n able to do anything
8 really in preparation for this whole thing.
9
THE COURT: All right. Mr. Vanadia, are you
.
10 prepared to proceed?
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MR. VANADIA: Yes, sir.
12
THE COURT: Okay. Go ahead,
J
13
MR. VANADIA: Good afternoon, sir. I am not a
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professional attorney so I am hoping you can guide me through
15 the process, and if I overstep something, just -- I'm sure you
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will let me know.
J
17
THE COURT:
All right.
18
MR, VANADIA:
Can I get right into it?
19
THE COURT:
If you would like to present testimony
20 in support of your petition, you may. If you want to make a
21
brief statement outlining what relief you are requesting, that
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might be helpful.
23
MR, VANADIA: Yes, sir. Basically, urn, I think
24 the petition pretty much speaks for itself so I don't want to
(
25 be too redundant.
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1 THE COURT: I must say, I had a little bit of
2 trouble understanding exactly what you were saying. So if you
3 want to, in plain English, say what you are asking for, that
4 would be helpfUl.
5 MR. VANADIA: Wh~t I am asking for here today is
6 basically enforcement of the divorce. I have had quite a few
7 arguments with the defendant over the provisions of the
8 divorce, and I think they are pretty cut and dry,
9 Today I am asking for the Court to enforce the
10 alimony provision, social security allotment provisions. In
11 the decree in divorce, there are some property provisions in
12 here that have faltered, and they need to be enforced too.
13 THE COURT: Okay. So you are saying that the
14 defendant was ordered to pay alimony to you?
15 MR. VANADIA: Yes, sir.
16 THE COURT: As part of the -- as part of a
17 supplemental decree in the divorce action?
18 MR. VANADIA: If I understand it correct, sir,
19 yes.
20 THE COURT: And you said something about a social
21 security allotment.
22 MR. VANADIA: Yes, sir. My daughter receives a
23 lump-sum allotment, as they word it in the social security
24 law, as the product of a disabled person.
25 I am supposed to receive a refund of that
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1 allotment from the defendant because she is the payee of the
2 executor of my daughter's social security allotment, and that
3 has also faltered.
4 THE COURT: Okay. And then you said something
5 about personal property,
6 MR. VANADIA: Right. When we were married, we
7 bought a collectible Warner Brother's plate. At the time we
8 settled out of court, the agreement -- there was an argument
9 over who was to receive the plate,
10 Eventually -- it's my understanding that both of
11 us were going to, I guess, will or heir the plate to my
12 daughter when she was old enough to care for it. In the
13 meantime we had an argument over who wants to have custody.
14 So the suggestion that we wrote into the divorce
15 order was that we would exchange the plate and time share it
16 between myself and the defendant, and it was to be time shared
17 yearly. That has not happened.
18 THE COURT: Okay, And all of these items are in
19 the decree that the Court entered?
20 MR. VANADIA: Yes, sir.
21 THE COURT: Okay.
22 MR. VANADIA: There is also some Christmas
23 ornaments, Star Trek ornaments, that we worked out that I was
24 to retain possession of, and I haven't seen those come my way
25 either,
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1 THE COURT: Okay. So there's ornaments. And what
2 was the first thing, again? A plate?
3 MR. VANADIA: A plate, yes, sir.
4 THE COURT: A plate. And the ornaments, were they
5 to be time shared or were they to be transferred?
6 MR. VANADIA: No, they were to be transferred.
7 THE COURT: Okay.
8 MR. VANADIA: Apparently we have Warner Brothers
9 Christmas ornaments, and they were time shared, I very much
10 liked the plate. They were supposed to go in schedule with
11 the pIa te.
12 THE COURT: Some time shared and some to be
13 transferred.
14 MR. VANADIA: That's correct.
15 THE COURT: Okay. Miss Vanadia, did you want to
16 make a short opening statement?
17 MS. VANADIA: Yes, sir,
18 In regards to the social security allotment, at
19 the time that we settled on the social security allotment,
20 Rick received 40 percent of the allotment, I received -- in
21 proportion with his shared time of the child. It is stated in
22 the Court's document that that will alter as his custody
23 rights alter, that if his time goes down, the allotment goes
24 down.
25 THE COURT: Uh-huh,
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1 MS. VANADIA: When we resettled on custody in
2 Chester County, his time went from 40 percent to -- and I am
3 not a mathematician -- we will say 10 or 15 percent. At that
4 time the conciliator said to Rick in front of both attorneys
5 and myself that at that time she did not foresee any Court
6 forcing me to turn over 10 or 15 percent of the allotment,
7 that it should be Rick's responsibility to take care of his
8 child forthwith.
9 At that time she recommended to me right there and
10 it's on court record, that I stop all social security
11 allotment payments to him in conjunction with the Cumberland
12 County stipulation.
13 I also have a modified stipulation in which Rick
14 signed off on for at least two of the months that I know he is
15 after.
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THE COURT: I did see that in the file.
MS. VANADIA: It was filed in this court and
accepted by your office.
THE COURT: I did see that in the file.
MS. VANADI: Okay.
THE COURT: At least there was a modification.
MS, VANADIA: Yes, there was a modification.
THE COURT: For two months.
MS, VANADIA: And I was --
THE COURT: You will have to let me finish when I
8
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1 am talking or the stenographer can't record what is being
2 said, That only applied to two months?
3 MS. VANADIA: Two months, that's correct.
4 THE COURT: Okay.
5 MS. VANADIA: Yes, sir. It was recommended that
6 if I could afford to continue through an attorney to modify it
7 each month thereafter to do so, Money came to a point where I
8 just couldn't do it anymore.
9 Rick's resuming of custody did not start again
10 until the first of the year, therefore no social security
11 allotment would been paid to him because he didn't have any
12 custody of the child from June until the first of the
13 following year,
14 THE COURT: And has the allotment been paid since
15 then?
16 MS. VANADIA: No, sir, it hasn't. His time of
17 custody with her is minimuma1 during the month. I have not
18 paid him anything because she's only there for maybe four days
19 out of a month.
20 THE COURT: Okay. And the alimony?
21 MS. VANADIA: The alimony I stopped paying as of
22 the end of January, as he has indicated. I did it of my own
23 accor.d. I did not have the money to hire an attorney to have
24 it modified.
25 The only modification that the agreement allows --
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and in Rick's case it's, I guess open to interpretation on
what remarriage is. In the case of homesexua1ity, it's not
legal in the State of Pennsylvania; however, he has been in a
committed cohabitational relationship for about one year
living together. Up until today both of them have been
wearing wedding rings. I noticed that today they are absent
in this courtroom.
THE COURT: Okay. I think I have the gist of the
Plaintiff's case and Defendant's case.
Mr. Vanadia, if you want to present testimony, I
would be glad to hear that, and I will hear from Ms, Vanadia,
MR. VANADIA: Me testify?
THE COURT: If you want to testify, you would come
up to the witness stand, please.
Whereupon,
RICHARD VANADIA,
having been duly sworn, testified as follows:
EXAMINATION
BY THE COURT:
Q Would you state your name, please?
A Richard Vanadia.
Q And where do you live?
A 4621-5 South Salem Church Road in Dover,
Q And that's in Pennsylvania?
A Yes, sir.
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Q And what did you want to say in support of your
petition in this case?
A Well, it's very clearly spelled out in the decree
and divorce, the rules and the code of conduct. It's a little
disturbing
Q I am not so much interested in whether it's
disturbing. Just tell me the facts on what you are basing
your claim on.
A The social security --
VOICE: May I hand this to him?
THE COURT: No. You are not an attorney, are you?
VOICE: Well, I am helping him with his case.
THE COURT: This is too confusing for the
stenographer. She doesn't even know your name. If you need
to get some papers, you are more than welcome to go back to
counsel table and get them.
THE WITNESS: That's fine, Dan.
BY THE COURT:
Q Okay.
A In the decree in divorce it very specifically
spells out under social security allotment the provisions in
which social security money is to be refunded to me for the
proportion of time that I am to have with my daughter. That
money is earmarked for my daughter for the time that I have
her, for her care.
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Q Okay. Now, you used the term refund. It's not
really a refund, in that you didn't give the money to begin
with. You just think a share of that belongs to you, a share
of the payment,
A The -- I use the term refund because the defendant
has pay status of the social security allotment. Because I am
on social security, I am already economically challenged. I
don't have the means easily without some of that money for
assistance to care for my daughter. I can do that but it puts
me in a financial crisis.
Q Okay. Whether we call it a refund or something
else, you feel that the defendant should be paying you some of
the money she gets for social security for the child,
A Yes, sir.
Q Okay. And exactly how much do you feel you are
entitled to as of today's date?
A Well, I have calculated -- apparently court
systems go by an hourly time with my daughter. I would have
to -- this is where I would need Dan's assistance.
Under the old custody order I should have received
approximately $136.00 for the time that I spent with my
daughter per month, however, in March the defendant
repetitioned the Court, and a new custody order in Chester
County was enacted so the money then again changed according
to the proportion of time
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Q Uh-huh.
A that I had with my daughter.
Q So using the real facts, in other words, how much
time you were with -- had custody of your daughter, how much
are you entitled to?
A That's where I am going to need that sheet of
paper.
Q Okay, You are welcome to get that paper.
MS, VANADIA: Am I entitled to a copy of that?
THE COURT: Sure. Do you want to show that to
Ms. Vanadia? Mr. Vanadia, just show that to Ms. Vanadia.
THE WITNESS: (COMPLIED) Your question was for
the social security allotment?
BY THE COURT:
Q How much you feel you are entitled to that you
have not gotten.
A From March 1999 to September 1999, urn, it would be
$396.00.
Q Okay, And that's based on four days a week or
four days a month or what?
A Actually, it's eight days a month.
Q Eight days a month. And how much is the allotment
over all?
A My daughter's allotment is $346,00 monthly. It's
one half of what I receive on social security,
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Q $346.00 a month?
A Yes, sir.
Q Okay.
A Now, my social security allotment is $392,00
monthly. I also believe that it may be slightly higher. I
don't recall how social security adds. There is $34.00 in
discrepancy because of -- they take out -- it's federal
Medicare.
Q I am not really too interested in your allotment,
but just the agreement seems to provide for something
relating to the child's allotment.
A Yes, sir. The reason why my allotment is
important is because my daughter's allotment is one half of --
that's how social security does it.
Q Oh, I see. Okay. Now, on the issue of alimony,
what do you feel you are entitled to?
A Okay. Alimony, as far as I am aware, the
defendant has paid alimony on an irregular schedule, but at
least there was an effort until January of 1999.
From February to current there has been no
alimony -- and the way it's worded also is for the first 10
weeks of alimony, the defendant was supposed to pay $100.00 a
month, and then after that 10 weeks it was the remainder of
the agreement was supposed to be at a rate of $150,00 a month.
So the total due between -- let me read this correctly --
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February 1999 and September 1999 is $1,140.00.
Q Okay, And none of that's been paid?
A No, sir.
Q Okay. And with respect to the personal property,
what is the story on that?
A Very briefly, in December the defendant and I had
an argument over custody and the Warner Brothers plate, and
the Warner Brothers Christmas ornaments are supposed to
exchange at Christmastime with the changing over of custody
with the holiday schedule and that never occurred.
Apparently the defendant brought the items to my
ex-mother-in-law's house. We had a discrepancy over that. I
asked her about it. I declined to go to my ex-mother-in-law's
house. There were some other inquiries about it, and the
issue just never got anywhere.
We argued over it and I still don't have
possession of the plate, possession of the Warner Brother
ornaments, possession of the Star Trek ornaments, and that's
where it's lied since then.
Q So you were to get the Warner Brothers plate, and
the Warner Brothers ornaments for the year of 1999?
A That's correct.
Q And the Star Trek ornaments we~e to be yours
permanently?
A That's correct.
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Q
You never got any of those. You never got the
2 plate or the Warner Brothers ornaments for this year, and you
3 never got the Star Trek ornaments at all?
4
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A
That's correct.
THE COURT: Ms, Vanadia, do you have any
6 questions of this witness?
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MS. VANADIA: Yes, sir, I do. Give me one second.
THE COURT: Sure.
9 CROSS-EXAMINATION
10 BY MR. VANADIA:
11
Q
At the time you were told that the things were at
12 your mother-in-law's house, isn't it true that you refused to
13 tell me where you were living at that time, with an address,
14 and I was told specifically I was not allowed to come to your
15 home?
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No.
MS. VANADIA: That's it.
THE COURT: How about on the social security and
the alimony, did you want to ask any questions on that?
MS. VANADIA: Not at this time, sir, I don't.
THE COURT: Okay. You may step down.
THE WITNESS: May I just add one last comment?
THE COURT: Sure.
THE WITNESS: The time between September 15th,
25 1998 and March 1999 is also questionably in dispute for the
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1 social security allotment. That is not included in the
2 $396.00 that I quoted because there is a discrepancy of time
3
between the defendant and lover who said what and when.
Who
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,:
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wanted custody when and so on and so forth, and
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THE COURT: What's your position as to how much
6 you are owed for that time?
7
THE WITNESS: I am not exactly sure, Your Honor.
8 The waiver that I signed did take into account for July and
9
August of 1998.
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THE COURT: By waiver, are you talking about a
11 stipulation that modified the --
12
THE WITNESS: Yes, sir.
13
THE COURT: Okay.
14
THE WITNESS: Now, in addition to what the
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defendant testified to
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THE COURT: She hasn't testified yet. She just
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17 made an opening statement.
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THE WITNESS: Okay. I stand corrected.
19 In her opening statements, in addition to that, it
20 does say, if it is mutually agreed that I essentially -- this
21 is layman's terms -- tell her to keep the refund, I cannot sue
22 for the back money so on and so forth. The rights are forever
23 waived, and I agree with that.
24 The problem comes in that between September and
25 January there was a problem where I did want to see my child
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1 and couldn't or was not ablo to. So there is a discrepancy
2 over that time period over when the calculation of money
3 restarts that is due.
4
THE COURT: All right. Miss Vanadia, do you have
5 any questions as a result of that testimony?
6
MS, VANADIA: Not at this time, sir,
7
THE COURT: You may step down. Thank you.
8
THE WITNESS: Thank you,
9
THE COURT: Mr. Vanadia, do you have any other
10 witnesses that you wish to call?
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MR. VANADIA: Miss Vanadia.
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THE COURT: You wish to call Miss Vanadia.
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MR. VANADIA: Yes.
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THE COURT: All right.
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Whereupon,
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PENNY VANADIA,
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17 having been duly sworn, testified as follows:
18 EXAMINATION
19 BY THE COURT:
20
Q
Ms, Vanadia, would you state your name, please,
21
A
Penny Vanadia.
22
Q
Where do you live?
23
A 495 Nut Road, apartment E-101, Phoenixville,
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Pennsylvania 19460.
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Phoenixville, is that Montgomery County?
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Chester County.
THE COURT: Mr. Vanadia,
MR. VANADIA: May I approach the witness?
THE COURT: (NO RESPONSE)
5 DIRECT EXAMINATION
6 BY MR. VANADIA:
7
Q
I know this is going to be a little difficult
8 because you have a patch over one eye. Do you recognize this
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It's a decree in divorce, I don't have the pink
9 document?
10
11 copy. I have a copy.
Q
This is our divorce decree.
A
Yes, it is.
Q
Under Page 4, Item 9, social security allotment,
can you see this?
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A
I know I have my own copy. Go ahead.
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Q
Second paragraph. Second sentence,
A
Husband's share shall be in proportion to his
19 amount of custodial time with the parties' minor child, and
That means you are entitled to a portion of
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shall continue as long as the allotment continues.
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Q
21
Q Okay, What does that mean?
22
A
23 Miriah's social security in conjunction with the amount of
24 time that you have.
Does it say anything here at any time that I will
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1 not receive no portion
2
A
Nope.
3
Q
-- for social security allotment?
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A
No, it doesn't.
5
Q
And what condition, then, would I have to receive
6 nothing?
7
A
No time with the child.
8
Q
So
9
THE COURT: Mr. Vanadia, the custom is really to
10 ask questions from your seat, unless you are referring to an
11 exhibit that you want to show the witness.
12
MR, VANADIA: Sure.
(RETURNED TO COUNSEL TABLE)
13 BY MR. VANADIA:
14
Q
So in your opening statements you had said that my
15 custodial period of time is 15 percent.
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I don't know what the exact proportion is.
Q
If it were 15 percent, then the proportion of
18 social security allotment that I should be receiving,
19 according to the provisions under Item 9, Social Security
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Allotment, would then be 15 percent. Would you agree with
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that?
A If you were using that analogy.
Q
Would you agree or disagree with that?
A
Yeah,
Q
When was the last time you made an alimony
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payment?
A January of 1999.
Q And have you made any alimony payments since then?
A No, I have not.
Q When was the last time you made a payment from the
social security allotment to me?
A June of 1998.
Q Have you made any payments since then?
A No, I haven't,
Q Was the gossamer collectible plate transferred to
me at Christmas time?
A The gossamer plate, the ornaments that you
requested, were all delivered to my mother's home because I
had no idea where you were living, and you would not give me
an address,
They are still sitting there exactly where I left
them with the Christmas gift from your child. You chose not
to pick them up, Nowhere in the stipulation does it say that
I must deliver them to your home,
Q Are you still in possession of those items?
A I am not in physical possession of those items,
no.
MR. VANADIA: May I approach the bench again,
Your Honor?
THE COURT: Sure.
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BY MR, VANADIA:
Q Do you recognize this item?
A It's a Christmas card,
Q And is this your handwriting?
A Yeah.
Q What is the address on this Christmas card?
A That is the address in which you are living.
Q What is the date on the post mark, please. The
month will be fine.
A December 22nd or so,
Q Thank you. Ms. Vanadia, what day is Christmas?
A December 25th.
Q The post mark on here which you just testified to
is December 23rd?
A I said the 22nd. Close enough.
Q Okay. December 22nd, and you claim that there __
you didn't have my address?
A I guess I obviously had your address, but I was
specifically told that I was not allowed anywhere near that
home because it was not Rick's home, and Dan did not want me
anywhere near his house.
I have more than one person who heard that
statement. He made the statement to my mother. He made the
statement to his own parents,
Q Have you told me that your mother feels
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uncomfortable with me and Dan at her house?
A My mother teels uncomfortable when you bring Dan
to her home. My mother has always welcomed you into her home,
and has taken care of you, and has done for you without
question.
Q Were you at your mother's house over the Christmas
holiday?
A Yes, I was for a portion of time.
Q And do you feel uncomfortable with Dan?
A You were asked not to bring Dan to my mother's
home, especially when I was there.
Q Now, you are aware that I have had transportation
issues. Would that be correct?
A I am aware that your parents bought you a car, and
that you have access to two vehicles, and you are licensed in
the State of Pennsylvania to drive them.
Q You claim that you brought the Warner Brothers
plate, the Christmas items that are Star Trek Christmas
ornaments, and the Warner Brothers ornaments to your mother's
house?
A That's correct, along with some other things.
Q And you've just testified that your mother feels
uncomfortable with Dan there?
A That's correct.
Q And you feel uncomfortable with Dan there.
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^ That's correct. Now that we've established that
twice.
Q Over Christmas the custody order very clearly
states the other custody order -- let me show that to the
Judge. What custody order were we working under
MS. VANADIA: Are we discussing custody here,
Your Honor, or are we discussing alimony and possessions?
THE COURT: We are discussing custody only as it
relates to the social security allotment figures.
THE WITNESS: Thank you.
MR. VANADIA: Your Honor, I need your guidance,
here. In December of 1998, Penny and I were both working
under a custody order, Civil Term 97-4347, this was Cumberland
County order. It very clearly -- although, I have to review
it, over Christmas of last year it was my custodial time with
my daughter.
THE COURT: You may ask Ms. Vanadia whether she
deprived you of custody that you were entitled to and if so
for how long.
MR, VANADIA: I think that's a valid question.
Should I reiterate that or can she just answer it?
THE COURT: You may answer if you have a response
to that question.
THE WITNESS: My response is, Are we here to
discuss custody, which has already been resolved in Chester
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1 County, or are we here to discuss alimony, social security and
2
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possessions? I don't understand what his statement has
3
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anything to do with.
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4
MR. VANADIA: I can clarify that?
5 THE COURT: Well, I understand why it has
6 something to do with it, The question is, Did you deprive him
7 of custody that he was entitled to?
8
THE WITNESS: Yes, I did.
9
THE COURT: For how long?
.
10
THE WITNESS: He declined to custody from June
11 until November. He then announced that he wanted his
12 custodial rights of the child over Christmas,
13 By that time I had Miriah in a lot of counseling
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to deal with the rejection. I decided that it was not in her
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best interest to suddenly be thrust into a situation in a
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living arrangement that was unhealthy to her, and which the
17 Court of Chester County agreed was unhealthy to her.
18 So, yes, sir, I deprived him of his custodial
19 rights with reason, and with reasons that were upheld by
20 Chester County.
21
THE COURT: Okay. When you say they were upheld
.
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by Chester County, what happened in Chester and when?
23
MS, VANADIA: In Chester County, on the 1st of
24 December, I filed for a petition to modify custodial
25 agreement. We went to Court within -- I think it was 30 days.
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1 Actually, I think it was in January,
2
MR. VANADIA: I have an objection to that,
3 Your Honor.
4
MS. VANADIA: And I provided proof that the living
5 arrangements that Rick was living in was not healthy for a
6 four year old --
7
MR. VANADIA: I have an objection to that,
8 Your Honor.
9
THE COURT: Just a minute, Mr. Vanadia. Go ahead.
10
MS, VANADIA: And the Court of Chester County
11 agreed. And not only did they agree with it, they agreed that
12 a home study was, at my option, to be issued to make sure that
13 the living arrangements that Rick was in were good for a
14 four-year-old little girl.
15
THE COURT: Okay. So you are saying, yes, you did
16 deprive him of custody that he was entitled to, but you had a
17 reason to do it.
18
MS. VANADIA: Yes, and it was upheld,
19
THE COURT: I don't know if it was upheld. I
20
don't know
was it retroactively upheld or was it upheld for
21 the future?
22
MS. VANADIA: It was -- Chester County did not
23 punish me for withholding custody, and they felt that I had a
24 valid complaint.
25
THE COURT: So a contempt petition had been filed
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against you.
MS, VANADIA: He did not file a contempt at all.
I filed pro-actively, and they did not say anything or hold me
in contempt
THE COURT: They wouldn't without a petition.
Okay. Mr. Vanadia
BY MR. VANADIA:
Q Ms. Vanadia, when did you file that petition?
A I believe it was December 1st, is when I filed for
a petition to modify in the Court of Chester County.
Q Getting back to the other issue you just tescified
to that in December you denied me custodial time with Miriah;
is that correct?
A Yes, that's correct,
MR. VANADIA: May I approach the bench again,
Your Honor?
THE COURT: All right.
BY MR. VANADIA:
Q Actually, I forgot you had a copy there. It's
Page 2, Item 5, personal property.
A Yes.
Q Actually, maybe it is Page 3, first paragraph.
Are you well enough to read that passage, The parties jointly
own a gossamer plate?
A There is no dispute over what it says.
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1 Q And does it say that the items will be
2 transferred?
3 A The transfer shall occur on the first day of
4 Miriah's having custody over the Christmas holiday.
5 Q That's correct,
6 A Parties further agree that upon Miriah's 18th
7 birthday, they will deliver the plate and Christmas ornaments
8 to her together. And that she will be in sole possession of
9 those items. And your question is?
10 Q My question is, since you denied me custody and
11 the plates were at your mother's house, how was I supposed to
12 receive the plate, which goes in conjunction with custodial __
13 A The plates and the ornaments __
14 THE COURT: Wait, Let Mr. Vanadia finish his
15 question. Which was to be in conjunction with what?
16 MR. VANADIA: The transfer of custodial time with
17 Miriah.
18 THE WITNESS: The plate and the ornaments were
19 brought to Cumberland County to where my mother lives. I
20 called you. I told you they were there. I gave you the
21 option on how you wanted them delivered.
22 You said at the time you had no problem coming to
23 get them. It was only when you found out that Dan was not
24 welcome in my mother's home that you had a problem with coming
25 to get them.
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1 I made the effort to deliver them, I obeyed the
2 Court's order on delivering them. The fact that you chose to
3 let them sit there and have made no further effort to get them
4 is nothing I should be held responsibility for.
5 MR. VANADIA: May I approach the bench again,
6 Your Honor?
7 THE COURT: Well, we are running out of time at
8 this point. Do you have any further questions? You may ask
9 one or two more, but I can't go on all afternoon with this
10 case.
11 MR. VANADIA: Yes, sir. I appreciate that.
12 You also claim that on January -- or that you
13 petitioned the Court December --
14 THE WITNESS: I thought it was the first I have
15 THE COURT: Wait. Let Mr. Vanadia finish his
16 question or the stenographer won't be able to take down the
17 testimony.
18 THE WITNESS: I'm sorry.
19 MR. VANADIA: Your paperwork says when?
20 THE WITNESS: It was actually filed on December
21 4th with the Office of the Prothonotary, Chester County. I
22 have a stamped-certified copy in my hand, if the Court would
23 like to view it.
24 MR. VANADIA: All right. I am not going to go
25 there. That's fine.
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1 THE COURT: Do you have any testimony,
2 Miss Vanadia, as a result of the questions that you were
3 asked?
4 THE WITNESS: Yes, sir, I do. Any social security
5 allotments prior to March of '99, which he claims that the
6 custody the Chester County custody stipulation went into
7 effect, anything prior to that, he is not entitled to because
8 he did not have possession of the child during that time.
9 The argument which will forever be an argument is
10 that he claims that I declined his right to visit his child.
11 He chose not to have his child up until Christmas. At
12 Christmas time I fully admitted to any Court that asks me, I
13 declined to allow her to visit him until it was resolved in
14 the Court of Chester County.
15 At the time that the custody stipulation went into
16 effect in the Court of Chester County, it was that very day I
17 relinquished custody to him, and it is from that very day that
18 I will abide by anything that is ruled here.
19 As far as the alimony, yes, I fully admit that I
20 stopped paying at freewill the alimony to Rick at the end of
21 January. I did so without help from an attorney or the Court
22 only because I did not have anymore money to put forth to
23 legal fees,
24 I put an exorbitant amount of money out of my
25 pocket and parents' pocket. Rick is entitled to free legal
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MR, VANADIA: Yes, sir, I agree with that, I
2 don't have any problem with that.
3
THE COURT: Okay.
4
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DIRECT EXAMINATION
5
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BY MR, VANADIA:
6
Q
Do you agree with the Defendant's statement that I
7 waived custodial time --
8
A
Based on what I know from you, No, I do not agree
9 with that.
10
,
Q
And why is that?
11
THE COURT: Really, that is not a fair question.
12 It isn't for this witness to say whether she agrees with or
13 doesn't agree with you. You can ask her factual questions.
14 If she drafted the agreement, you can ask her what she mean~
15
, I
,
I
by the words.
16
THE WITNESS: Please stop me if I am saying
I
I
17 something improper, but I think I could answer -- it is within
18 my knowledge that I did receive many phone calls from
19 Mr. Vanadia during that time, complaining that he was not able
20 to visit with his daughter.
21
MR. VANADIA: Certainly from at least November on.
22
THE WITNESS: I am not sure of the time period,
23 but I recall it was around the Christmas time.
24
MR. VANADIA: In the divorce decree, the language
25 specifically with regard to what remarriage constitutes,
33
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1 legally under the law -- I have to be very careful here.
2 THE COURT: I think I can shortcut you. You can't
3 ask the witness for a legal opinion as to what the law is
4 that's my job. I don't know who drafted the agreement. Do
5 you want to ask that question?
6 MR. VANADIA: Who did draft the agreement?
7 THE WITNESS: The agreement was drafted by both
8 myself and Ms. Vanadia's attorney, Melissa Grepvy.
9 I drafted the majority of it, but I did include
10 many of Attorney Greevy's suggestions. And -- well, that's
11 all.
12 MR. VANADIA: The language in here regarding
13 alimony, do the provisions in here give the defendant
14 unilateral control to stop abiding by this provision, Page 3,
15 Item 6, Alimony?
16 ~HE COURT: Again, the agreement speaks for
17 itself. You can ask this witness what negotiations occurred,
18 and what the parties said they intended to mean by that
19 language, but it's interpretation is for the Court.
20 MR, VANADIA: What was the interpretation at the
21 time this language went into the divorce decree.
22 THE WITNESS: It's my understanding that
23 Ms, Vanadia was to pay you alimony, pursuant to the terms of
24 this agreement, and she would continue to do that.
25 There was only one exception to her paying you the
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alimony, and that would be if you remarried. Other than that,
there is no provision for her not to pay you.
MS. VANADIA: And remarriage is defined
THE COURT: Wait, Wait. You may ask questions
when you cross examine.
MR. VANADIA: I have no further questions at this
time,
THE COURT: Ms, Vanadia.
CROSS-EXAMINATION
BY MR. VANADIA:
Q What is remarriage defined in this agreement as?
A It is to include homosexual or heterosexual unions
and/or registered domestic partnerships in whatever state,
Q Okay. So remarriage doesn't necessarily mean
remarriage to a woman.
A No, it's defined to include both homosexual and
heterosexual unions.
Q At the time that you said Mr. Vanadia called you
with complaints over custodial rights, can you provide
documentation in which you sent to Melissa Greevy or myself
indicating that I was in violation of that custody order?
A Off the top of my head, I don't know whether that
occurred or not. I am certain that I would have taken notes
when Mr. Vanadia called, I don't recall whether I made any
comments to Melissa in writing, and I may have made phone
35
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1 calls.
2 Q So therefore, if he was really seriously
3 complaining, as his attorney, don't you think you would have
4 put it in writing, and come after me in writing through my
5 attorney to abide by the custodial agreement?
6 A If that was something Rick directed me to do, I
7 would have done that. However, Rick, I believe, was working
8 with a couple other attorneys at that time, due to his
9 financial position,
10 And I don't know that he was in a position at that
11 time to continue to use my services. I am aware that he was
12 working through several other pro bono and other legal service
13 organizations, and it's my understanding he was making the
14 same complaint to them.
15 Q Okay. But you did not draft any correspondence to
16 me or to Melissa regarding the custodial stipulations?
17 A No, I don't agree with that. I don't know. I
18 don't recall. I have got my entire file back there. I could
19 look through there, but I don't recall off the top of my head
20 whether I did that or not. But I am not willing to say that I
21 didn't because I simply don't know.
22 MS. VANADIA: Can I make a statement based on that
23 testimony?
24 THE COURT: You can ask questions and make an
25 argument at the conclusion of the case,
36
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1 MS. VANADIA: That's all of my questions.
2 MR, VANADIA: Can I recross?
3 THE COURT: It's redirect.
4 REDIRECT EXAMINATION
5 BY MR. VANADIA:
6 Q Were you on retainer in November for me?
7 A I think our relationship ended when the divorce
8 ended, and the date on the divorce complaint -- the date on
9 the divorce complaint -- the date on the property settlement
10 is May of '98, so no, I don't think I was.
11 Q So there would then be nothing in writing because
12 you weren't hired by me?
13 A That's very well a possibility.
14 MR. VANADIA: I have no further questions.
15 THE COURT: Ms. Vanadia, any questions as a result
16 of those questions?
17 MS, VANADIA: So if Rick did call you to complain
18 about the custody, really, your testimony is irrelevant
19 because if you were not on retainer, he could have made all of
20 the phone calls in the world to you, and you wouldn't -- you
21 were not on retainer, therefore you were really not his legal
22 representation, therefore what you jusc said is irrelevant.
23 THE COURT: That is not a proper question. You
24 can't ask the witness whether the testimony is irrelevant.
25 You may ask a question but not that question.
37
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I MS. VANADIA: I'm sorry. I am done. Thank you.
2 THE COURT: Any further questions?
3 MR. VANADIA: No, sir.
4 THE COURT: Okay. You may step down. Thank you.
5 May Miss Davidson be excused?
6 MR. VANADIA: I'm sorry?
7 THE COURT: May she be excused?
8 MR. VANADIA: Yes.
9 THE COURT: Okay you may stay or leave as you
10 choose. Thank you very much.
11 Mr, Vanadia, does that conclude your
12 case-in-chief?
13
14
15
16
17
18 statements?
19 THE COURT: After the case is over, yes.
20 Ms. Vanadia, this is your opportunity to call any witnesses
21 you chose to and to testify in your case-in-chief.
22 MS, VANADIA: I have said everything on the stand
23 that I needed to say, Your Honor, Other than a closing
24 statement I have nothing else.
25 THE COURT: All right. Then why don't you go
MR. VANADIA: I'm sorry. I didn't hear you.
THE COURT: Does that conclude your case-in-chief?
MR, VANADIA: Yes, sir.
THE COURT: All right.
MR. VANADIA: Can I take a few minutes for closing
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ahead with your closing statement.
MS, VANADIA: I am not disputing at all the fact
that I stopped the alimony. I stopped it based upon the
language in the divorce decree that gives me the right to
terminate alimony payments based on remarriage and how
remarriage is defined --
THE COURT: There's no evidence on the record at
this point that Mr. Vanadia is living in a relationship with
anyone. You made that statement at some point during when you
weren't on the stand --
MS. VANADIA:
THE COURT:
MS, VANADIA:
THE COURT:
How do I establish that he is?
You have to testify to that.
I will have to testify?
Somebody will have to testify. I
can't just guess that.
MS. VANADIA: Can I then ask to recall Richard to
the stand? Is that possible?
THE COURT: Sure.
MS. VANADIA: I call Richard Vanadia.
THE COURT: Okay.
Mr. Vanadia, you are still under oath. Would you
state your name, please?
THE WITNESS: Richard Vanadia,
THE COURT: Ms. Vanadia.
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pt;.
Whereupon,
RICHARD VANADIA,
having been previously duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. VANADIA:
Q Mr. Vanadia, you testified that you are living on
Salem Church road. Are you renting?
A Yes, I am.
Q Are you -- do you own it?
A No, I do not,
Q And who do you live with?
A Daniel Trump,
Q And do you have a personal, sexual relationship
with Mr. Trump?
A Yes, I do,
Q And do you hereby testify in the Court that you
are living with him, living as a married couple, living in the
same room, sharing a bed?
A We share the same bed. We live in the same house.
Q Do you share expenses?
A No, we do not.
Q You don't share expenses?
A I pay rent.
Q You pay rent, Did you go on vacation together,
Mr. Vanadia?
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A No, we haven't,
Q So--
A You will have to be a little more specific.
Q Did you go to New Mexico and Arizona and
California sometime in the last year for approximately 10
days?
A We went to New Mexico. We did cross the border
into Mexico.
Q So you did take a vacation together?
A I have a problem with the word vacation, His
sister
Q What would you define it as?
A I would define it as two witnesses for a custody
for his sister. They paid for the ticket,
Q They paid for the ticket. Did they pay for all of
your expenses?
A They picked up a good portion of the tab, yes.
Q Can you tell me who paid for all of the
remodifications on the home that you are living in?
A Daniel did,
Q And you contributed nothing?
A I contributed very close to nothing.
Q So what do you do with your $680,00 a month in
social security that you get from the government?
A I barely survive. I pay rent, I pay food. I
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have clothes, and the remainder of the money is sucked up in
the money that is supposed to be coming from you to support
Miriah.
o For eight days a month?
A Yeah, She needed clothes. She needed food. She
needs toys. There's transportation costs. And there's not
just food costs, there's food costs in transportation. And I
only make $8,000.00 a year. The rest of the money outside of
my immediate expenses goes for the support of Miriah.
o Urn, do you pay for all of her expenses or does Dan
pay for any of her expenses?
A Whatever I can't pay for, which lately has been
just about everything, Dan pays for.
o And can you tell me why today neither one of you
are wearing your gold wedding rings?
A I don't have a gold wedding ring.
Q Does Dan have a gold wedding ring and a diamond
ring?
A He has his grandfather's gold wedding band and a
diamond ring, yes.
Q And you didn't give them to him?
A Nope.
Q And he doesn't wear them to show that the two of
you are committed?
A You will have to ask him. I would say, no.
42
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1 Q But you do admit to the Court that you are living
2 with and in a sexual relationship with Dan Trump?
3 A Yes.
4 Q Okay, Thank you,
5 THE COURT: Mr. Vanadia, do you have any testimony
6 as a result of those questions?
7 MR. VANADIA: Yes, I do. Where do I start with
8 this? I moved in December. Dan and I are not unionized, We
9 have not been married. Dan and I can't be married legally.
10 We are not even married in our minds.
11 I can't put Dan on my insurance policy. Dan can't
12 put me on his. I can't be put on Dan's medical coverage or
13 vice versa. We have not been unionized. There are some
14 cities who recognize same sex marriages, Dover isn't one of
15 them.
16 THE COURT: Ms. Vanadia.
17 EXAMINATION
18 BY THE COURT:
19 Q The agreement has a rather unusual sentence in it
20 which says remarriage is defined to include homosexual or
21 heterosexual unions and/or registered domestic partnerships in
22 whatever state. Is it your testimony you don't regard your
23 relationship as a homosexual union?
24 A No, sir, I don't. Union papers, legally is a
25 document that says we are unified, that we are associated, and
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there is no such paper for same sex, other than in some
cities, and it's more of a religious significance. We are
roommates.
Q Where did this sentence come from, if you
remember? In other words, who requested it be Included in the
agreement?
A Probably the defendant,
Q And do you recall any of the negotiations leading
up to that sentence?
A If I recall, the negotiations ended at about
$4,000,00, and it came time to escalate costs, We could have
gone to court just over the language of the divorce or we
could have -- what I decided at the time with Keirtsen was
that that was a fair language, in case federal law turned
around and did say marriage is legal for homosexuals or for
same sex.
Q I guess the question would be, why wasn't the word
marriage used, if that is what your intention was?
A I'm sorry?
Q In other words, why wasn't the word marriage used
if you intended to confine it to marriages?
A I didn't intend it. The defendant insisted on
having that language in there, There are a couple other
things in both the custody and divorce that I didn't like the
wording, but for cost containment, I suppose three years down
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and $13,000.00 later we could have come before you and argued
over the language,
MS. VANl\DIl\: May I ask a question?
THE COURT: Sure.
MS, VANADIl\: Do I have permission to ask a
question?
THE COURT: Sure.
REDIRECT EXAMINATION
BY MS. VANADIA:
Q Richard, do you pay any other expenses for Miriah?
Do you pay for any of her healthcare expenses.
A Yes, I do.
Q Where do you
A When possible.
Q I'm sorry?
A When possible.
Q When possible. Do you pay me any money to cover
her healthcare issues?
A I don't pay you any money because you have the
payee status of her social security allotment,
Q Do you pay any of her doctor bills that are
incurred
A Yes, I do,
Q that are incurred when I take her to the
pediatrician?
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No, I have doctor bills when I take her to the
Q
Li ke how many times --
A
Like for her bladder infection, which you refused
5 to get her help with,
6
7 doctor?
8
Q
How often have you had to take Miriah to the
A
I have taken her there -- since the third custody
9 order went into effective, I have taken her there once.
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Q
Once. Do you pay any of her childcare expenses?
16 pay childcare expenses for her food. I pay childcare expenses
A
Yes, I do.
Q
You pay childcare expenses?
A
Yes, I do.
Q
Who do you pay childcare expenses to?
A
I don't pay it to a person. I pay, when I can, I
17 for her clothes.
18
Q
That's not the question, Do you pay any money
19 towards her pre-school, her daycare or her baby-sitter that is
20 incurred Monday through Friday while she is in my custody?
21
A
No. She is in your custody and you choose to do
22 those things. I have those expenses on my end, and you
23 already have her social security allotment to do that with,
24
Q
And what childcare -- what baby-sitter issues do
25 you incur if you are not working? What do you need
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baby-sitters for?
THE COURT: I don't mean to interrupt, but how
will this help me --
MS. VANADIA: I just wanted to establish that he
pays nothing to me for the help in the care and the welfare of
the child, I pay all medical costs,
THE COURT: But how will that help me decide
whether you have violated the agreement.
MS. VANADIA: Nothing other than I wanted to
establish it so when I make any final statement, you didn't
come back to me and tell me that I didn't establish that.
THE COURT:
MS. VANADIA:
THE COURT:
It's not relevant.
Okay.
The question is, Did you violate the
agreement?
MS. VANADIA: Okay. That's it. Thank you.
THE COURT: You may step down. Thank you.
Ms. Vanadia, do you have any further witnesses in
your case?
MS, VANADIA: No, sir. I'm sorry. Thank you,
THE COURT: Mr. Vanadia, do you have any rebuttal
testimony?
MR. VANADIA: Yes, I would like to recall Keirtsen
Davidson.
THE COURT: You are going to be rebutting
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something that was just testified to?
MR. VANADIA: Yes, sir.
THE COURT: The only thing I heard from
Ms. Vanadia that had to do with the relationship between you
and Mr. Trump, that was her presentation in the case-in-chief,
So you can rebut something said there, if you want.
MR. VANADIA: Yes, sir.
MS, DAVIDSON: Can I make a comment off the
record?
THE COURT: No. Well, not off the record. If you
want to say something, go ahead.
MS, DAVIDSON: That's fine. I might be able to
lend some interpretation regarding the negotiation.
THE COURT: No, that hasn't been asked.
Mr. Vanadia, did you want to call this witness to
rebut the testimony we just heard?
MR, VANADIA: Urn, I don't have any further
questions of the witness.
THE COURT: Okay, Then we will consider -- do you
have any surrebuttal testimony? In other words any -_
MS. VANADIA: No testimony, sir, just closing.
THE COURT: Okay. That concludes the evidentiary
phase of the case. Ms. Vanadia, did you want to make a
closing statement.
MS. VANADIA: Yes, sir, Thank you, As I wanted
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1 to say, I chose to interpret the divorce decree that states
2 alimony payments will terminate upon re-marriage and how
3 re-marriage is defined, and I do understand that is subject to
4 a Court's interpretation.
5 I also chose to stop the social security
6 allotments legitimately when he was not in possession of the
7 child at any time, and I chose to not pay him anything during
8 the time when he did get her for approximately eight days a
9 month. I did not pay him that, that is true,
10 The personal property possessions are there for
11 Rick whenever he wants them, They've been sitting at my
12 mother's address since Christmas. That's what I have to say
13 on that. The only other thing I would like to say -- and Your
14 Honor, it's up to you whether you choose to take it -- I at
15 the time that this, all of this money situation was drafted, I
16 understand by the language and by my own signature on the
17 document that it could not be modified for any reason other
18 than remarriage, My financial circumstances changed in August
19 of last year --
20 THE COURT: But, see, this is not of record. So I
21 can't consider anything.
22 MS. VANADIA: Okay. I am currently not working --
23 THE COURT: Again, that's not part of the record.
24 The only thing I can consider is what's been presented in
25 evidence.
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1 MS. VANADIA: Okay. Then there's nothing else. I
2 have no money. I don't have any money. I don't know what you
3 want me to say.
4 THE COURT: I didn't want you to say that because
5 it's not in the record, Do you want to testify to that? I
6 will hear another five minutes of the case.
7 MS. VANADIA: Okay. If I can establish that. Do
8 I have to go up there? Only because I broke my foot.
9 THE COURT: If you want to testify from where you
10 are, you may. You are still under oath.
11 MS. VANADIA: Thank you,
12 Whereupon,
13 PENNY VANADIA,
14 having been previously duly sworn, testified as follows:
15 MS, VANADIA: I just want to say on testimony that
16 my job situation changed a year ago in August. My income went
17 down, I recently had to leave a full-time job that I was
18 under because they refused to allow me the time off to have a
19 cornea transplant that I needed to have. I had a cornea
20 transplant two weeks ago today.
21 I have not been employed since then. I am under a
22 doctor's care to not drive, and I had to drive two hours up
23 here today, I am under doctor's advisement not to work until
24 the recovery process for the eye has met her standards.
25 In the mean time I broke part of my foot. So I am
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not supposed to be driving, and it's my right foot, and yet I
appeared before the Court today.
I have no income until I am released back to work.
I have no money. And I have enough bills to give the Court to
keep me going for the next ten years including Miriah's
medical bills that I receive no help with.
THE COURT: Mr, Vanadia, do you have any questions
of her as a result of that testimony?
MR. VANADIA: Yes, sir. It opened up some
questions.
CROSS-EXAMINATION
BY MR, VANADIA:
Q The social security allotment, that doesn't come
out of your paycheck, does it?
A The social security allotment comes from the
federal government, and is deposited into a joint account in
Miriah's and my name.
Q Is that money deposited whether you are bringing
home an income or not?
A That is correct.
Q So that money is there, liquid cash?
A There is liquid
Q Whether you are working or not.
A That is Miriah's money, that is correct, That is
correct,
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1 divorce agreement with either alimony or the refund for the
2 social security allotment, we may not be here today, Between
3 the time that the divorce decree was enacted until January
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9 wasn't a big thing. The fact is, that there was an attempt to
10 reasonably show some regard for the divorce, That's pretty
11 much it.
12 THE COURT: Do I understand, mainly you are
13 interested in getting a social security allotment
14 reimbursement?
15 MR. VANADIA: Well, and the -- I would like the
16 entire gamut enforced. The allotment, social security
17 allotment, the alimony, the Warner Brothers plates, the
18 ornaments, Christmas ornaments.
19 And there is a dispute -- I will admit that
20 between June and September 15th, I did not have custodial time
21 with my daughter. Between September 15th and November 3rd, I
22 expected to see my daughter, it never occurred, although I had
23 just moved, so I didn't push it.
24 On November 3rd, however, I did very much say to
25 the defendant that Thanksgiving and holidays were corning up,
1999, the monies -- the alimony from the defendant never
arrived on time. That was -.-
THE COURT: Again, that's not part of the record.
Just stick with what was testified to and make your points.
MR. VANADIA: Okay. WhatI was about to say, that
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and she admits for December on she denied custodial time. I
wonted her during the month of November, and she unilaterally
decided that she was going to run the show, and disregard at
that time of the second custody order.
So there is a disputable period between September
15th through to March 1999 where monies may be due. Actually,
I will strike that because during the month of October I
didn't see my child either. I wanted to but she was adamant
over November, There was no contact except for once we
went
5
THE COURT: Well, you are getting into facts that
are not of record again, Is there some neutral place that
these plates can be transferred?
MS. VANADIA: Anywhere that you'd like,
Your Honor. At the time my mother's house was a neutral spot
that he agreed to at the time. They are still there. They
have not been removed from there.
THE COURT: And we are talking about the Warner
Brothers plate, the Warner Brothers ornaments, and the Star
Trek ornaments.
MS. VANADIA:
THE COURT:
MR. VANADIA:
That's correct.
That's what we are talking about?
I would like to retain custody of
them.
THE COURT: You want them transferred to you for
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1 the time being?
2 MR. VANADIA: Permanently until __
3 THE COURT: That's not in the agreement. I mean,
4 only the Star Trek ornaments are to be transferred
5 permanently, as I understand it,
6 MS. VANADIA: That's correct.
7 MR. VANADIA: I would like custody of them
8 permanently until __
9 THE COURT: Wait. I can't change the agreement.
10 All I can do is enforce the agreement.
11 MR. VANADIA: Because it's already six months past
12 the time, is there a way of extending nine months?
13 THE COURT: Well, what I will do is recess for a
14 moment and look over the paperwork and enter an orders.
15 (Whereupon, a brief recess was taken.)
16 THE COURT: This is actually a rather difficult
17 case, It was very nicely presented given the fact that you
18 are not attorneys. We will enter this order:
19 And now this 26th day of August, 1999, upon
20 consideration of the Plaintiff's Petition for Special Relief
21 To Enforce De~ree in Divorce, and for Civil Contempt for
22 Disobedience [sic] Of Decree in Divorce Order, and following a
23 hearing held on this date in which the parties represented
24 themselves, it is ordered and directed as follows:
25 1. Defendant shall pay the sum of $396.00 to
55
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1 Plaintiff pursuant to Paragraph 9 of the parties' property
2 settlement agreement, as amended, within 60 days of the date
3 of this order and hereafter comply on a timely basis with the
4 requirements of the agreement.
5 2. Defendant shall deliver at a time and place
6 mutually agreed upon to Plaintiff, the parties' Warner
7 Brothers plate, Warner Brothers ornaments, and Star Trek
8 ornaments. In the event that the parties are unable to agree
9 upon a time and place for the transfer of those items, the
10 transfer shall occur at the Cumberland County Courthouse on
11 Tuesday, September 14th, 1999, at 9:00 a.m..
12 3. Defendant is found to have voluntarily and
13 willfully failed to comply with the order heretofore entered,
14 she is adjudicated in contempt, and she is sanctioned to pay
15 the amount of $50.00.
16 4. All other relief requested by either party is
17 denied.
18
19 THE COURT: Hopefully in the future you'll be able
20 to work things out between yourselves. I'm sorry you are
21 having trouble and Court is adjourned.
22 (Whereupon, the proceedings concluded.)
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CERTI FICATE
4
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I hereby certify that the proceedings are contained
7
fully and accurately in the notes taken by me on the above
8
cause and that this is a correct transcript of the same.
9
.
10
d()hJ1lW~ 1~..&uvd'/1t.ClJ--
orraine K. Troutman, RPR
.1
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The foregoing record of the proceedings on the hearing
j
of the within matter is hereby approved and directed to be
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filed.
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J Wesley , Jr.,
N nth Judicial District
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD V ANADlA,
PLAINTIFF
CIVIL ACTION- LAW
VS.
.
.
NO: 98-767 CIVIL TERM
PENNY E. V ANADlA,
DEFENDANT
DIVORCE
ORDER OF COURT
And now on this ';') tl day of -fl () r.' I ,2000, upon eonsideration of the
Plaintiff's Petition for Relief to enfor6e the Property Settlement Agreement, and for eivil
contempt for disobedience of that Property Settlement Agreement, a rule is hereby issued
upon Defendant to show cause why the relief requested should not be granted.
Rule Returnable at a hearing scheduled for 7~d~ ,(1 ~_ ,;).:l 2000, at
'1: 3D A.M; in Courtroom NO.-L, Cumberland CountY CJlrthouse, Carlisle,
Pennsylvania.
BY THE COURT,
Riehard Vanadia
2809 Blossom Drive
Dover, Pennsylvania 17315-4252
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Penny E Vanadia
8 Kanause Road
New Foundland, New Jersey 07435
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98-0767, CIVIL TERM [" ..
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: ORDER OF T1-IE COURT '-,. <.
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PETITION FOR SPECIAL RELEIF TO: :.} '-q
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RICHARD V ANADIA : IN THE COURT OF COMMON PLEAS
Plaintifl. : OF CUMBERLAND COUNTY, PENNSYL VANIA
V.
PENNY V ANADlA
Defendant
ENFORCE ORDER OF THE COURT
AND
FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF ORDER OF
THE COURT
The plaintifT/petitioner, Richard Vanadia, by and through representation of
himself, states the following:
L The plaintiff I petitioner, Riehard Vanadia, hereafter referred to as Plaintiff, is
an adult individual who eurrenUy resides at 2809 Blossom Drive, Dover, York
County, Pennsylvania, 17315 - 4252,
2, The defendant I respondent, Penny Vanadia, hereafter referred to as
Defendant, is an adult individual who currently resides at 8 Kanause Road,
New Foundland, NJ 07435,
3. The Parties where married on November9, 1991, in Williamsport, Lyeoming
County, Pennsylvania,
4, A Deeree in Divorce and a Property Settlement Agreement was made Order of
the Cumberland County Court on May 21, 1998, and a eertilied copy was
issued May 260" 1998,
5. Under "Prooertv Settlement Agreement", 98-767, Civil Term, Page six,ltem
17 "Miscellaneous Debt," Subpart B "WIFE agrees to be solely responsible
for the Ohio Telephone [Ameriteeh] and Electrie Bills, whieh approximate
$550.00. Wife agrees to Indemnify and Hold HUSBAND harmless with
respect to the above bills."
6. Plaintiff wishes to enforce the terms of the Property Settlement Agreement, to
inelude but not limited to:
A) Have the Defendant immediately pay the outstanding
amount due on the past due account, in full, and eomplete
r
)
B) Ifthc dcfendant continucs to dcfy thc I'ROPETY
SETILEMENT AGREEMENT and thc eourt ordcr for
enforcemcnt, thc Plaintiff wishcs to hold thc Dcfcndant
ongoingly responsible for intcrcst on thc sums of moncy
she docs not comply with,
7. Plaintiff believes the Cumberland County Court of Common Plells should hear
this petition for rcasons ineluding, but not limited to the following:
A) The eourt of Common Pleas in Cumberland County has
jurisdiction of this filing.
B) Plaintiff is disabled, on Social Security Disability, and has
substantially limited monetary ability. Judicial economy would
also best be served if the Cumberland County Court of Common
Pleas, whieh is familiar with this ease, hears Plaintiff's request for
enforcement, and contempt.
C) Defendant has already been found in contempt of the PROPERTY
SETILEMENT agreement, and will eontinue to willfully disobey
the PROPERTY SETILEMENT agreement.
8, Without this court's intervention Defendant will not abide by the Property
Settlement Agreement.
9. Defendant does eoneur with the Plaintiff that she is responsible for the
differenee. In a reeent telephone conversation between the Plaintiff, and the
Defendant, the Plaintiff was informed by the Defendant that she believed to
have had paid the bill.
10. The Plaintiff will withdraw this petition, with fees and cost, if any, to the
Defendant, if the Defendant ean show documentation to the satisfaction ofthe
Ohio Telephone eompany, Ameritech, that the bill was in fact paid, and the
aecount had been reported as "past due" in error.
11. Wherefore, Plaintiff requests that the court order the policy to facilitate the
enforcement ifit's order so that the Plaintiff has:
. The Defendant immediately pay the past due sum of$686.00
to the Ohio telephone company, Ameriteeh.
. If the defendant continues to defY the Property Settlement
Agreement and the court order for enforeement, the Plaintiff
wishes to hold the Defendant on goingly responsible for
interest on the sums of money she does not comply with.
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In Ihc Court of Common Pleas of CUMIIERLAND Counly, Pennsylvania
DOMESTIC RELATIONS SECTION
RICHARD VJ\NADIA ) Docket Number 767 CIVIL 98
I'laintiff )
Ys. ) PACSES Case Number 261100046/.;2733/
) ,
PENNY VANAOIA
Defendant ) Olher State ID Number
ORDER
AND NOW, to wit on this
10TH DAY OF MAY, 2000
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other
PETITION FOR A.P.L.
filed on FEBRUARY 18, 1998 in the above captioned
matter is dismissed without prejudice due to:
THE FINAL DIVORCE DECREE OF MAY 21, 1998,
.,..
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner,
IJRO: RJ Shadday
xc: plaIntiff
defendant
kJrsten DavJdson, Esq\llre
i'IalJ SSa Greevy, Esq\ll re
BY mE COURT:
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RICHARD V ANADlA,
P(uintHT
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
v.
PENNY V ANADlA,
Dcfcndunt
NO. 98-0767 CIVIL TERM
ORDER OF COIJRT
AND NOW, this l 'j ~dUY of June, 2000, upon consideration of Plaintiff's Petition
to Withdrawal the Petition for Spcciul Releifto: Enforce Order of the Court and for Civil
Contempt tor Disobedience of Order of the Court, the heuring previously scheduled for
June 22, 2000, is cuncelled.
BY THE COURT,
Richard Vanadia
2809 Blossom Drive
Dover, I' A 17315-4252
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8 Kunuuse Road
New Foundland, NJ 07435
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RICHARD V ANADIA
Plnintilr
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
vs,
PENNY V ANADIA
Defendnnt
NO. ~-0767 CIVIL TERM
ORDER OF COURT
And now on this '3D 11; dny of 1);T",,~ cJ , 1999, upon eonsiderntion of
Plaintiff's Petition for Special Relief to enforce ORDER OF THE COURT, and CIVIL
CONTEMPT FOR DISOBEDIENCE OF ORDER OF THE COURT, n Rule is hereby
issued upon Defendant to show cause why the relief requested should not be grunted.
~ RULE Rs.:W~NABLE nt a henring scheduled for ::It,} ~<J ,
. /'-1 ~,at /! 3a ,in Courtroom No,L, Cumb~ounty Courthouse,
arlisle, Pennsylvania, ' r.1lI .
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Richard Vanndia
2809 Blossom Drive
Dover, Pennsylvania 17315
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Penny Vanadia
495 Nutt Road
Apartment E-IO 1
Phoenixville, Pennsylvania 19460-3354
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. Thc Dcfcndnnt put on probntion through Domcstic Relntions,
nnd lor thc approprinte ngcncy to monitor corrcct nnd on - timc
paymcnts to thc Plnintill: and I or garnish thc pnymcnts due
and pnst due tor ALlMONBY pursunntto itcrn 6 All MONEY.
pagc thrcc ofthc PROPERTY SETfLEMENT AGREEMENT.
13. Plnintitralso requcsts thc court to:
. Retain jurisdiction over this casc.
. Find thc Dcfcndnnt in contcmpt of court, and fine thc Dcfendant
$100.00 for failure to pay thc Plnintiffthc differencc of$196.00 in a
timely mnnner, as ordcred and dirccted by itcm onc, pnge one of the
August 260" 1999's ORDER OfThe COURT.
. Find the Defendnnt in contempt of court, and a fine of$IOO.OO for
failure to comply with itcm 6, ALIMONY, page 3 ofthc PROPERTY
SETTLEMENT AGREEMENT in n timely manner.
. Havc the Defendant responsible for the Plaintiff's lost wnges of$54.00
from lost work to have the hearing conducted.
. Any other relief that the court dccmsjust and proper.
14, Notc to the court;
. As of October 31, 1999 my new address will be 2809 Blossom Drive,
Dover, Pennsylvania 17315.
Rms,u~itted,
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Richard Vanadia
4621 - 5 South Salem Church Road
Dover Pennsylvania, 17315-4243
(717) 308-1049
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PENNY E. VANADIA :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION - LAW
RICHARD VANADIA :NO. 98-767 CIVIL TERM
tt ORDER OF COURT
And now on this ..212. day of Dc:.t..~~ , 1999, upon consideration of Plaintiffs
Petlllon for Relief to Modify PROPERTY SETTLEMENT AGREEMENT, a Rule Is hereby Issued
upon Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE at a hearing scheduled for ~.h\.' /<1. ,2000, at/:3" ,f. f'rJ .
In Courtroom No, L, Cumberland County Courthouse, Carlisle, Pefmsylvanla.
Richard Vanadla
2809 Blossom Dr.
Dover, PA 17315
Defendant, Pro Se
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Penny E Vanadla
495 Null Rd. E-101
Phoenlxvllle, PA 19460
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PENNY E, V ANADIA
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
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:NO: 98,767, CIVIL TERM
:ORDER OF THE COURT
PETITION FOR RELIEF TO:
MODIFY PROPERTY SETTLEMENT AGREEMENT
The plaintiff / petitioner, Penny E. Vanadla, by and throu9h representation of herself,
states the following:
1. The plaintiff / petitioner, Penny E. Vanadla, hereafter referred to as Plaintiff, Is an
Adult Individual who currently resides at495 Nutt Rd,. Apt E-101, Phoenlxvllle,
Chester County, Pennsylvania, 19460,3354.
2, The defendant / respondent, Richard Vanadla, hereafter referred to as Defendant, Is
an adult Individual who currently resides at 2809 Blossom Dr., Dover, York County.
Pennsylvania, 17315-4243.
3. A DECREE IN DIVORCE and a PROPERTY SETTLEMENT AGREEMENT was
made Order of the Cumberland County Court on May 21, 1998, and a certified copy
was Issued May 26th, 1998.
4, The PROPERTY SETTLEMENT AGREEMENT Is non-modifiable unless the
Defendant, Richard Vanadla remarries during the (36) month period of alimony as
staled In Paragraph 6 of the PROPERTY SETTLEMENT AGREEMENT, At that time,
all alimony payments will terminate. Remarriage Is defined to Include homosexual or
heterosexual unions and/or registered domestic partnerships In whatever state,
5. The Defendant, Richard Vanadla, Is a homosexual, who on/or about October 1998,
moved Into a single family dwelling with his admitted sexual lo\'er, and shares a
committed, monogamous, domestic relationship, partnership, union and lifestyle with
this person, hereby known as Mr. Daniel Trump.
6, Defendant and Mr. Trump share all living expenses, a bedroom and all other
domestic responsibilities as shared by a married heterosexual couple living wllhin the
laws of this state. Defendant admitted to this arrangement In the Court of Common
Pleas of Cumberland County on August 26, 1999 during a Civil Contempt Hearing.
7. Plaintiff respectfully requests that the alimony payments cease Immediately as
allowed by Paragraph 6 of the PROPERTY SETTLEMENT AGREEMENT and that
the court restricts Defendant to further harass the Plaintiff wllh continued legal
actions that cause financial strain, emotional distress on Plaintiff and Minor Child
(Marlah Vanadla), and loss of time from Plaintiffs employment that will result In
written reprimands and/or termination from her employer.
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Plnintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LA W
PENNY V ANADIA,
Dcfendnnt
NO, 98-0767 CIVIL TERM
ORDER OF COURT
AND NOW, this Zof~ny of December, 1999, upon considcration of Plaintiff's
"Pctition for Releif to Dismiss nnd/or Deny thc [Dcfendant's) Petition for Relief to
Modify Propcrty Settlement Agreement," and it appearing that the petition is simply a
response to n petition from thc opposing party, a rule will not be issued on Plnintiffs
petition,
BY THE COURT,
Richard Vnnadia
5 South Salem Church Road
Dover,PA 17315-4243
Plaintiff; Pro Sc
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Penny Vanadia
496 NUll Rond
Apt. E-101
Phoenixville,PA 19460-3354
Defendant, Pro Se
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Plnintifr
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
V,
RICHARD VANADIA : NO: 98-0767, CIVIL TERM
Dcfcndnnt : ORDER OF Tim COURT
PETITION FOR RELEIF TO DISMISS AND I OR DENY THE
PLAINTIFF'S PETITION FOR RELIEF TO MODIFY PROPERTY
SETTLEMENT AGREEMENT
The dcfcndantl rcspondcnt, Richnrd Vnnndia, by and through rcprcsentation of
himself, statcs thc following:
I. Thc plnintiff I petitioncr, Pcnny Vanndin, hcrcaftcr refcrrcd to as Plnintiff, is
nn adult individunl who currently resides at 495 Null Road, apartment E-I 0],
Pheonixville, Chester County, Pcnnsylvania, 19460-3354 and alsol2- B
Richland Lane, Camp Hill, Cumbcrland County, PA, 17011.
2. The defendant I rcspondent, Richard Vanadia, hercnftcr referred to as
Defendant, is an adult individual who currcntly resides at 2809 Blossom
Drive, Dover, York County, Pennsylvania, 173 J 5 - 4252.
3. A DECREE IN DIVORCE and a PROPERTY SETTLEMENT was made
Order of the Cumberland County Court on May 21, 1998, nnd n certified copy
wns issued May 26th, 1998.
4. The Dcfcndant respectfully requests that thc court deny the Plaintiff's petition
for rcliefto modify the property scttlement ngreemcnt on the basis of the
following criterin nnd merit:
A} Thc defcndnnt has not "remarried."
B} Thc dcfcndant cannot "mnrry" another same-sex person
with legal binding recognition in the city, township, or
county in which hc rcsides.
C} Thc Commonwcalth ofPcnnsylvania USA does not
Icgnlly rccognize samc-scx "marriages."
D} Thc Dcfendant hns no such nssociations, unions or
rcgistered domcstic partnerships anywhere.
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E) Rcspcctfully suggcstcd to thc court: The Plaintiff
nllcgcs in hcr PClition to modify thc propcrty selllcment
agrccrnentthatthc Dcfcndnnt movcd in Octobcr, 1998
into the singlc dwelling homc, constituting n "union"
and thereforc n "rcmnrringc." Thc Plnintiffhas mndc
ALIMONY pnyments from Octobcr 1998, to Janunry
1999, whilc indicating that shc bclicvcs shc is no longer
rcsponsible for Alimony duc to "rcmnrringe" of the
Defendnnt. Following hcr logic that shc is not
responsible for ALIMONY; then wny did she feel it
was necessnry to pny nlimony over the period of
October, 1998, to Janunry 1999 if she felt the
Defendant was "remnrried" and shc was not responsible
for making those pnyments? This is contradictory to
consistency in her nrgumcnt.
F) The Plaintiffhns included the sum of$1350,OO into a
Chapter 13 Bankruptcy recently filed in November
1999. On Deccmber 21,1999, in a meeting of creditors,
the Plaintiff informed the Defendant that the Chnpter 13
filing had been amended to include the sum of$450.00
instead of the before mentioned $1350.00 The
Defendant was furthermore informed that this sum was
for Alimony spanning from September 1999 until
November 1999,
The Defendant believes the acknowledgement of
including this sum of money into the bankruptcy is an
admission by the plaintiff that she is responsible for
Alimony, current, and past.
G) In a hcaring held by this court on AU/:,'lIst 26th, 1999,
upon the request of Richard Vanadia, having filed a
petition for specin1 relief to enforce a property
settlement agreement, and for civil contempt for
disobedience of the property settlement agreement,
(listed as Plaintiff for that hearing) it was mnde order of
the court that Ms. Vanadia "... herenfter comply on a
timely basis with the requirements ofthe agreement."
H) The order of the court resulting from the August 26th,
1999's hearing did not extract or niter stipulation 6
ALIMONY of the property settlement agreement
whereby leaving the stipulation standing, and in force.
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I) Judgc Olcr vcrbnlly informcd both thc Plnintil1'und thc
Dcfcndunt during tllllt henring thnt he eould not modily
the property scttlcmcnt agrcemcnt but only modcrutcly
to uccommodate thc rectificntion of it's provisions to
sntisfy n new schcdulc for items thnt Ms. Vnnndin fuilcd
to comply with and so is entcrcd into thc stcnogruphcr's
rccord.
J) Thc Propcrty Scttlcmcnt Agrecmcnt per Pnragraph 6
Alimony (pngc 3), Second pnrugruph, third line, "thc
pnrties ngrec that this alimony provision is non-
modifiable. In thc cvcnt thnt thc HUSBAND
remarries during the thirty-six (36) month period of
alimony, nil nlimony payments willterminntc.
Remarringe is defined to include homosexual or
hetcrosexunl unions nnd/or registered domestic
partnerships in whntevcr stnte."
The Defendant respectfully points out to the court that
at no time in the context of the property settlement
agreement is "CO-HABITATION' either registered or
not by any state or commonwealth in thc Unitcd Stutes
of America, prohibited sanctioned or otherwise refcrred
to as reason for termination of this stipulntion.
The Defendnnt respectfully suggest to the court that the
Plaintiff is bitter and vengeful over the divorce and
dissolvcment of her formcr mnrriage, and is trying to
dismiss her responsibility and commitment as agrecd to
on May 21,1998 of the property settlement nbrreement
to pay alimony, to spite the Defendant.
5. The Plaintiff alleges thnt the defendant moved on or about October 1998 into
a single-family dwelling, however, the Defendant respectfully disputes this
date, and hereby, to the bcst of his recollection, officially changed his U,S
Postal addrcss effectivc December 11, 1998.
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RICHARD V ANADlA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
PENNY V ANADlA,
Defcndant
NO, 98-0767 CIVIL TERM
ORDER OF COURT
AND NOW, this \ 2,~ay of July, 1999, upon considcration of Plaintiff's Petition
for Special Relief To Enforcc Decrcc in Divorcc, and for Civil Contempt for
Disobediance [sic] of Decrec in Divorce Order, a Rule is hereby issued upon Defendant
to show cause why the relief requested should not be gruntcd,
RULE RETURNABLE ut a hearing scheduled for Thursday, August 26, 1999, ut
1 :30 p.m" in Courtroom No, 1, Cumberland County Courthouse, Carlislc, Pcnnsy1vania,
BY THE COURT,
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Richard Vanadia
5 South Sn1em Church Rond
Dover, I' A 17315-4243
Plaintiff, Pro Se
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Penny Vanudiu
496 Nutt Road
Apt. E-101
Phoenixville, I' A 19460-3354
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CUMBEfdjJ.jU GOUN1Y
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Richnrd Vunndin
By: Richnrd Vunndiu
4621 - 5 South Snlcm Church Rond
Dovcr, Pennsylvnnia 17315-4243
(717)308-1049
PlaintiO'
RICHARD V ANADIA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
PENNY V ANADlA
9p.. "It, 7
NO. 97-4349 CIVIL TERM
CIVIL ACTION - DIVORCE
Defendant
ORDER OF COURT
And now on this
day of
, 1999, the attached petition is hereby
made into and Order of the Court.
By The Court
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Pluintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
PENNSYLVANIA NO: 98-767CIVIL
: DIVORCE
PENNY VANADIA
Dcfcndnnt
PETITION FOR SPECIAL RELEIF TO ENFORCE DECREE IN
DIVORCE, AND FOR CIVIL CONTEMPT FOR D1S0BEDIANCE OF
DECREE IN DIVORCE ORDER
The plnintiff/petitioncr, Richnrd Vanndin, by and through rcpresentntion of
himself, states the following:
1, Thc plaintiff / petitioner, Richard Vanndia, hcrenftcr referred to as Plaintiff, is
an adult individual who currently resides at 4621 - 5 South Salem Church
Road, Dover, York County, Pennsylvania, 17315 - 4243.
2, The defendant / respondent, Penny Vanadin, hereafter referred to as
Defendant, is an adult individunl who currently resides at 495 Nutt Road,
apartment E-101, Pheonixville, Chester County, Pennsylvania, 19460-3354.
3. A DECREE IN DIVORCE was enacted as order of the court on May 21,
1998, nnd a certified copy of the DECREE was issued May 26, 1998, (Please
note: a copy of which is attached.)
4. Plaintiff has repeatedly asked Defendant to abide by provisions of the
DECREE IN DIVORCE since it's inception on May 21,1998, to current, with
special attention and reference to item six (6) ALIMONY, and also item nine
(9) SOCIAL SECURITY ALLOTMENT.
5. Plaintiff acknowledges Dcfendant complied with only some of the aspects of
the DECREE IN DIVORCE, between May 21,1998, and January 31,1999,
but then also acknowledges Defendnnt abnndon and / or dismissed all of her
responsibility to those provisions after Jnnuary 31, 1999.
6. Plaintiff has lost the nsset of being eligible for County Social Services,
including but not limited to medical insurance assistance, in lieu of
ALIMONY and the SOCIAL SECURITY ALLOTMENT that Defendant has
defaulted on. Plaintiff will continue to be disqualified to receive benefits he
otherwise would qualify for, until the Defendant complies with, and completes
her obligations to the DECREE IN DIVORCE.
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C) The DECREE IN DIVORCE also ineorpomtes monetury interests
which irnpnct aspects of child custody, to include but not limited
to, child welfnre. Thcse provisions ure enncted into the DECREE
IN DIVORCE to preserve the ubilily of the Plaintiff to maintain
und full fill u strong, frequent, ongoing relationship with the
party's minor child. (Age four (4)), nnd also to insure the ongoing
and continued nbility of the Plaintiff to properly care for the minor
ehild's welfare in proportion to, nnd during his court ordered
custodiul periods of time. Without these interests ongoing/y
enforced and abidcd by the Defendnnt, the Plaintiff will not be
uble to continuc to nurture this relationship, for reasons including,
but not limited to economic hardship, nnd will be unwillfully
forced by circumstanccs to terminate custodial time with his minor
child,
D) Plaintiff is disqualified from otherwise being eligible for County
Social Service assistance inClUding but not limited to medicnl
insurance assistance in substitute of the SCOCIAL SECURITY
ALLOTMENT and ALIMONY agreements incorporuted into the
DECREE IN DIVORCE.
E) Defendant believes she is not obligated to comply with the
DECREE IN DIVORCE, due to provisions in item Six (6),
ALIMONY, page three (3), with respect to references of what
constitutes remarriage.
F) Defendant believes she is not obligated to comply with the
DECREE IN DIVORCE, due to provisions in item nine (9)
SOCIAL SECURITY ALLOTMENT, page four (4), referring to
what constitutes percentages of time, vs. amount of SOCIAL
SECURITY ALLOTMENT due to Plaintiff from Defendant's
payee status of the minor child's SOCIAL SECURITY
ALLOTMENT.
G) Defendant believes she is not obligated to abide by the DECREE
IN DIVORCE order due to her knowledge of Plain tifT's
disposition and poor lack of resources to secure legal council to
enforce the DECREE IN DIVORCE,
H) Defendant has disrupted the transfer schedule at Christmas time
for the exchange of items as indicated in item eight (8) D of this
petition, and has since then dismissed her responsibility to rectify
it by reasonably releasing the items in a manner in which is
mutually agreed to by both parties at any future time.
3
I) Dcfcndnnt has substituted or exchnngcd ALlMONEY puymcnts in
rcplucemcnt and/or ns crcdit for SOCML SECURITY
ALLOTMENTmoncy / pnymcnt / dues, und vise vcrsa, nt Icnst
once in October 1998, and belicves thatthc two monitory
provisions cnn be interchnnged ntuny givcn time, urrive to thc .
,
Plaintiff on u irregular schedulc, or not ntull. " '
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Without this court's intervcntion: I
10. "
A) Defcndnnt will not spontaneously comply with the terms ofthc
DECREE IN DIVORCE as she hns shown disregnrd for it thus fnr,
B) Defendant will continue to use Plaintiff's poor disposition oflack
of ability to enforce the DIVORCE IN DECREE as a detriment
and liability against him in custodial mnnipulations, as has already ~.-
occurred in the recent past, to erode his newly reestablished ;,
relationship with the party's minor child. ,
C) Defendant will continue to use Plaintiff's poor disposition of Jack '}
of ability to enforce the DIVORCE IN DECREE as a detriment ,
and liability against him in continuing to be disqualified or ,
ineligible to receive County Social Services that he would j
otherwise qualifY for, inclUding but not limited to, medical
insurnnce assistance.
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D) Defendant will not surrender the items on schedule, or at all, as ,\
,
indicated and referred to in item five (5) PERSONAL I
PROPERTY, of the DECREE IN DIVORCE, j j
E) Defendant will not surrender monthly SCOCIAL SECURITY I )
ALLOTMENT funds pursuant to item nine (9), page four (4) of
the May 2 I 51, 1998 order 98-767, Civil Term DECREE IN
DIVORCE. Nor will she do so in a timely, regular, monthly
manner.
F) Defendant will not surrender ALIMONY funds pursuant to item I
six (6) page three (3) of the May 21't, 1998 order 98-767, civil
term DECREE IN DIVORCE
':\
G) Defendant will not surrender SOCIAL SECURITY
ALLOTMENT funds that are currently in arrears to the Plaintiff
for custodial time already completed.
,
II. Defendnnt docs not concur with thc I'lnintiff's rcqucst to nbidc by thc
AI.IMONY, SOCIAl. SECURITY ALLOTMENT, und PERSONAL
PROPERTY provisions ofthc DECREE IN DIVORCE.
Whcrcforc, I'luintiITrcqucslS thut thc court order thc policc to fncilitute thc
cnforccmcnt if it's ordcr so thnt thc PlnintiIThus:
. ALIMONY funds pursunnt to itcm six (6) pnge threc (3) ofthc Mny
21",1998 order 98-767, civil term DECREE IN DIVORCE
recommcncing on
from thc last obligated paymcnt of Jnnunry, 1999 to conclusion.
. SOCIAL SECURITY ALLOTMENT funds pursuant to item nine (9),
pngc Four (4) ofthe May 21", 1998 order 98-767, civil term DECREE
IN DIVORCE continuing on
, to conclusion.
. Retroactive or arrenred SOCIAL SECURITY ALLOTMENT dues of
$_._for the Plaintiff's custodinl time of March, 1999 to, the
current month, 1999, Starting payments of $_._ from:
, and ending . The SOCIAL
SECURITY ALLOTMENT payments due to the Plaintiff, retronctive
(arrears) and current, will be sent to the Plaintiff no later than the
of each month hereafter through the US mail to the Plaintiff's
mailing address in the form ofa personal check, money order, or
cashier's check,
. Have the Defendant surrender the items as indicated above in item
seven (7) of this petition, pursunnt with item five (5), PERSONAL
PROPERTY, page two (2) of the DECREE IN DIVORCE. These
items are to change custody from Defendant to PlaintitTno later than
I ,1999.
PlaintitT also requests the court to:
. Retainjurisdiction over this case,
. Find the Defendant in contempt of court, and sentence her to imprisonment
for a period one week, and n fine of$500.00 for failure to abide by the order
of the court,
. Find any and alllegn1 fees encurred by PlaintitTto enforce the DECREE IN
DIVORCE, per incident, per occurrence, now and in the future, due to the
Defendant's willfulness to be disobedient and I or in contempt of the Court's
order, to be the full and sole responsibility of the Defendnnt.
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· Grunt plnintiff's requcst ofsolc custody ofthc Wnrncr Brothcr's Gossumcr
collcctiblc plnlc and Wurncr Brothcr's Christmns ornaments untilthc pnrty's
minor child Murinh Kuthryn Vunndin's 18'h birthdny, PlnintilT willthcn
surrcndcr both platc, und uny surviving Christmas ornnmcnts over to child
pursuunt to itcm livc (5) PERSONAl. PROPERTY, pngc two (2) ofthc
DECREE IN DIVORCE.
· Havc the monthly SCOCIAI. SECURITY ALLOTMENT adjust annually to
rcflect thc unnunl Social Security Disnbility cost of living increase
upproprintely proportionate to the percentnge of time nmount due from the
Defcndnnt as payce of minor child's SOCIAL SECURITY ALLOTMENT
due to thc PlnintilT.
· Acknowlcdge thesc specilically altered provisions (nmendments), and only
these provisions supercede the DECREE IN DIVORCE by order of the court.
· Any other relief that the court deems just and proper.
Rcspectfully submitted,
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Richnrd Vnnadin
4621 - 5 South Salem Church Road
Dover Pennsylvania, 17315-4243
(717) 308-0036
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~ /5/ J. Wesley Oler, Jr.
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~ ~CERl'IFIED CQ.~ISSUED MAY 26, 1998 _~.;,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
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PENNY VANADIA,
Defendant
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DECREE IN
DIVORCE
AND NOW, . . . . . May, 21,.. . . .. . . .. . . . . .. " 19. .9.8. . " it is ordered and
decreed that ...,...,. .~~~ .~~~. . , . . " . . . " . . , . . , . . . . , ., plaintiff,
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,are divorced from the bond~ 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;
'!be Property Settlement Agreement dated May 14. 1998 attached hereto is
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THIS AGREEMENT made this ILl day , 1998, by and between
RICHARD VANADIA, residing at 107 South Third Sire ,Apartment 8, Lemoyne, Cumberland County,
Pennsylvania 17043, hereinafter referred to as "HUSBAND," and PENNY VANADIA, residing at 495 Nutt
Road, Apartment E-101, Phoenlxvllle, Chester County, Pennsylvania 19460, hereinafter referred !.o as
"WIFE." ' '
WIT N E SSE T H:
WHEREAS, the parties were married on the 9th day of November, 1991 in Willlamsport, Lycomlng
County, Pennsylvania; and
WHEREAS, the parties are the natural parents of one minor children, MARIAH K. VANADIA, age 3,
whose date of birth is April 18, 1995; and
WHEREAS, In consequence of disputes and unhappy difficulties, the parties have agreed to live
separate and apart during their natural lives; and
WHEREAS, the parties are desirous of settling their existing property rights Including an amicable
equitable distribution, assignment and division of their property, which property is considered to be "marital
property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted Into
law on February 12,1988; and
WHEREAS, the parties are desirous of settling the issues of alimony/alimony pendente lite/spousal
support; and
NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained
and for other good and valuable consideration, the parties agree as follows:
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1. SeDamtlon, The parties shall hereinafter live separate end apart. Each shall be free from
Interference, authority, and control, direct and Indirect, by the other es If he or she were single and
unmarried.
2, Control of Agreement. The provisions of this Property Settlement Agreement shall govern
all claims for alimony, support, C'Junsel fees and costs, alimony pendente lIle, equitable dll'trlbutlon, or other
property rights, and all other claims which the WIFE or HUSBAND has or might have against the other and
for the complete and absolute satlsfact,lon of any claim or right the WIFE against the HUSBAND or the
HUSBAND against WIFE for support, alimony, counsel fees and costs, alimony pendente lite, equitable
dlstrlbutlon, or other property rlghts, except as set forth hereinafter,
.'
3, Divorce, A Complaint In Divorce was filed by HUSBAND on February 9, 1998, alleging the
Irretrievable breakdown of the marriage, and seeking a divorce under Section 3301(c) or 3301(d) of the
Pennsylvania Divorce Code, The Complaint Is docketed to No, 98-767 Civil Term, Simultaneously with the
execution of thIs Property Settlement Agreement, the parties will sign any and all documents necessary to
obtain a Divorce Decree under Section 3301 (c) of the Divorce Code, Including but not limited to, Affidavits of
Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under
Section 3301 (c) of the Divorce Code,
4, Real ProDerty. The parties acknowledge and represent that they are not the owners of any
Jointly titled or Individually titled real property subject to equitable dlstrlbutlon,
5, Personal Property. The parties have acquired certain personal property during the course of
their marriage, and hereby acknowledge and represent that such personal property has been divided to their
mutual satisfaction with the exception of the following Items that shall be distributed pursuant to the terms of
thIs Agreement.
HUSBAND shall retain the following Items of personal property: green sectional sofa; bIg screen
television; 27-lnch television; computer, prlnter, monitor, desk, and any and all other computer related
materlals; dresser; lV stand; stereo cabinet; any and all Star Trek collectibles; two antique radios; dining
room set; and VCR. WIFE shall retaIn the following Items: wedding china; VCR gifted from WIFE's father;
crystal; sliver service; coffee table; and the victrola; however, In the event that WIFE decides to sell the
victrola, HUSBAND shall receive the rlght of first refusal to purchase the Item at fall' market value,
2
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The parties Jointly own a Gossamer Plate and several Wamer Brothers' Christmas omaments, The
parties agree to share these Items on a yearly basis, with the transfers to occur during the Christmas
holiday. The parties contemplate that when their minor child Marlah spends the Christmas holiday with
HUSBAND, the above Items will be transferred to HUSBAND's home where they will remain until the
following year. When the minor child spends the Christmas holiday with WIFE, the Items will be transferred
to WIFE's hOrT'e where they will remain until the following year, The trCl'lsfer shall occur on the first day of
Marlah's visit with the parent having custody over the Christmas holiday. The parties further agree that upon
Marlah's 18th birthday, they will deliver ~he Gossamer Plate and Christmas ornaments to her together, and
the Items shall become her sole and separate property free and clear of any right, tllle and Interest either
party may ~ave,
"
With the exception of the above-referenced Items, It Is agreed that each party shall retain all Items of
tangible personal property currently In their possession as If It were their sole and separate property, Neither
party shall make any claim to any such Items of marital property, or of the separate personal property of
either party which Is now In the possession or under the control of the other, Furthermore, each party
agrees to waive any right, title and/or Interest they may have to the property in the possession of the other,
Should It become necessary, the parties each agree to sign upon request, any tllles or documents
necessary to give effect to this paragraph,
.
6. Al1mo'1Y. The parties agree that WIFE shall pay to HUSBAND alimony for a period of three
(3) years or thirty-six (36) months, More specifically, WIFE agrees to pay to HUSBAND, the sum of $100,00
per month In alimony for a period of ten (10) months, Beginning on the 11th month and continuing for'
twenty-six (26) consecutive months thereafter, WIFE agrees to pay to HUSBAND, the sum of $150.00 per
month In alimony. For example, during months one through ten, WIFE will pay $100,00 In alimony, During
months 11 through 36, WIFE shall pay $150,00 per month In alimony,
Payments shall be paid by WIFE directly to HUSBAND on the first day of every month and shall
commence on the first day of the month following the date of this Agreement. It Is agreed that as alimony,
all payments shall be tax deductible to WiFE and shall be considered taxable Income to HUSBAND, The
parties agree that this alimony provision Is non-modifiable, In the event that HUSBAND remarries during the
t11Irty-slx (36) month period of alimony, all alimony payments will terminate, Remarriage Is defined to Include
homosexual or heterosexual unions and/or registered domestic partnerships in whatever state,
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7. Custodv, The parties agree to share physical and legal custody of their minor child Marlah,
and ratify In full the Custody Stipulation docketed to No, 97-4347 Civil Term, and made an Order of Court on
March 19, 199B. The partlas agree that the above shall continue to remain In full force and effect.
B. ~"'Id Supoort, The parties acknowledge that this Agreement does not contemplate child
support, daycare expenses, or unrelmbursed medical expenses,
9, SocIal Sscurlty AI/otms?t, HUSBAND currently receives approximately $6BO,OO per month
through the Social Securlty Administration In disability Income, The minor child, Marlah, also receives an
allotment from the Social Security Administration in the amount of approximately $340,00 per month due to
HUSBANO;s disability, The parties aCknowledge and represent that WiFE Is the recipient of the minor
child's allotment from the Social Security Administration, and that the allotment is to be used for the care and
support of the parties' minor child,
Commencing on the first month after the date of this Agreement, WIFE shall provide HUSBAND with
a portion of the allotment to be used for the care and support of the child, HUSBAND's share shall be In
proportIon to his amount of custodial time with the parties' minor child and shall continue as long as the
allotment continues, For example, under the parties' Custody Order dated March 19, 199B, HUSBAND's
custodial periods equal 40% of the time, Therefore, HUSBAND would be entitled to 40% ,of the Soelal
Security allotment, or $136,00, WIFE shall provIde HUSBAND with his portIon of the allotment no later than
the Bth day of each month, and payment shall be made directly to HUSBAND,
The parties specifically contemplate that when the minor child. Marlah, enters kindergarten.'
HUSBAND's portion of the allotment may change due to the fact that HUSBAND's custodial time may
change,
10. Income Tax Deduction. The parties agree that WIFE shall be entitled to claim the minor
child as a dependent on her Income tax retum and collect the dependency deduction for the tax year 199B.
The parties agree that as long as the dependency deduction only benefits WIFE and does not benefit,
HUSBAND, WIFE shall beentilled to claim It on her Income tax retum, However. thIs provision shall be
reviewed every year and if HUSBAND determines that he would benefit from the dependency :deductlon" 'i,
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then the partIes agree to altemate the deduction yearly with HUSBAND to claim It the first year he becoml'S ::i
entitled. . ' ':',;i~
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11, Bank Accounts. Any and all bank accounts In tha parties' names which existed at
separation have been previously divided to both parties' mutual satisfaction. The parties aCknowledge that
there are no JoInt accounts remaIning In exIstence, Furthermore, each party agrees to waive any right, title,
and/or Interest he or sha may have In the bank accounts of the other.
12, Pension and Retirement Benefits. The parties acknowladge that WIFE has a 401K Plan,
No, 144-64-6908, through her employer Ikon Office Solutions, with an approximate balance of $1,800,00,
and several Series EE bonds with an approximate value of $700,00, HUSBAND agrees to waive any right,
title and/or Interest he may have to the above-referenced 401K Plan and Series EE bonds, Should It become
necessary, each party agrees to sign any other title or documents necessary to give effect to this section
upon the request of the other party,
The parties acknowledge and represent that there are no other retirement plans, defined benefit
plans, 401 K plans, pension plans, stock plans, and/or savings plans through his or her place of employment,
or otherwise, whether vested or non-vested, that are subject to equitable distribution, Each party specifically
releases and waives any and all right, title, claim or Interest he or she may have In and to any and all
retirement benefits (Including but not limited to pension or profit sharing benefits, deferred compensation
plans, defined benefit plans, 401K plans, employee savings and thrift plans, IRAs, or other similar beneflls),
speclflcally to Include a waiver of any spousal annuity beneflls andlor beneficiary designations thereunder.
13, Health Insurance, The parties agree that WIFE shall continue to maintain the minor child
Marlah on her health Insurance policy through her employer, Ikon Office Solutions, Within seven (7) days of
the date of this Agreement, or If WIFE has not yet received the Information, within seven (7) days of her
receipt of such Information, WIFE shall provide HUSBAND with copies of any and all Information regarding
the minor child's health Insurance, Including but not limited to medical cards, prescription cards, participating
providers (doctors, hospitals, pharmacIes, etc,), payment policies, and any ~ther general Information
regarding the plan,
14, Life Insurance Pol/cles. HUSBAND and WIFE each hereby specifically releases and
waives any and all rights, title, claim or Interest that he or she may have In and to any and all policies of life
Insurance owned by or Insuring the life of the other, Including tha cash surrender value, If any, and also
speclflcally to Include a waiver of any beneficiary designation thereunder,
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15. Credit Card Debt, The parties ecknowledge and represent that there are no Joint credit
cards or Joint credit card debt In existence, Any such debt that may have existed at separation has been
divided to the parties' mutual satisfaction. Any credit card debt Incurred subsequent to separation In June of
1997 shall be the sole and separate responsibility of the party who Incurred that debt, and non,debtorparty
shall be Indemnified and held harmless with respect to such debt.
16, Medical Bills, The parties agree that WIFE shall be solely responsible for any and all
unrelmbursed medical bills Incurred by the parties' minor child Marlah from June 1997 through March 199B.
The amount of the uncovered medical bills approximates $1,231.00, Furthermore, WIFE agrees to
Indemnify and hold HUSBAND harmless from any responsibility with respect to the above-referenced debt.
.
17. Miscellaneous Debt,
A, WIFE agrees to be solely responsible for the entire debt Incurred In connection with the sale
of the parties' 1988 Chevy van which approximates $4,000,00, WIFE agrees to Indemnify
and hold HUSBAND harmless with respect to such debt.
B, WIFE agrees to be solely responsible for the Ohio telephone and electric bills, which
approximate $550,00. WIFE agrees to Indemnify and held HUSBAND harmless with respect
to the above bills.
C, Any debt not specllicaily iisted in this Agreement shall be the sole and separate responslblllty
of the party who Incurred It.
18, 1996 Federal Income Tax Refund, The parties acknowledge and represent that they
receIved a federal Income tax refund for the 1996 tax year In the approximate amount of $2,400,00, The
parties agree that WIFE shall be entltied to the enUre tax refund, free and clear of any interest, right, or claim
HUSBAND may have to such funds, It Is contemplated by the parties that the tax refund should be applied
toward the marital debt as more fully described In Paragraphs 16 and 17 above,
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19, Agreement Executed Voluntarllv and Clearly Understood, Each party to this Agreement
acknowledges and declares that he or she respecllvely:
A, If fully and completely Informed as to the facts relallng to the subject matter of this
Agreement, and as to the rights and lIabllllles of both parties;
B, Enters Into this Agreement voluntarily, free from fraud, undue Influence, coercion or
duress of any kind;
C, Has given careful and mature thought to the making of this Agreament;
D, Has carefully read each provisIon of this Agreement;
E, Acknowledges that there has been a full and fall' flnanclal disclosure by both parties,
and fully and completely understands each provision of this Agreement.
20, Release of All Claims. Each party releases the other from all claims, liabilities, debts,
obligations, actions and causes of action of every kInd that have been or will be Incurred, Moreover, neither
party Is relieved or discharged from any obligation under this Agreement or any Instrument. or document
executed pursuant to this Agreement.
21. Holding Other Party Free and Harmless, HUSBAND hereby warrants to WIFE that he has
not incurred and he hereby agrees that he will not hereafter Incur any liability or obligation on which she Is or
may be liable. If any claim or action Is brought attempting to hold WIFE liable for any such liability or
obligation, HUSBAND shall, at hIs sole expense, defend WIFE against any such claim or action whether or
not founded, and he shall hold her free and harmless therefrom, WIFE hereby warrants to HUSBAND ti1at
she has not Incurred and she hereby agrees that she will not hereafter Incur any liability or obligation on
which he is or may be liable, If any claim or action Is brought attempting to hold HUSBAND liable for any
such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND agaInst any such claim or
action whether or not founded, and she shall hold him free and harmless therefrom,
22, Additional Instruments. The parties shall, on demand, execute and deliver to the other, any
document, and do or cause to be done, any other act or thIng that may be necessary or desirable to
effectuate the provisIons and purposes of this Agreement. If either party falls, on demand, to comply with
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this provision, that party shall pay to the other, all attomey's fees, costs and other expenses reasonably
Incurred as a result of such failure.
23, Full Disclosure, The respective parties do hereby warrant, represent, and declare, and do
acknowledge and agree that each Is and has been fully and completely Informed of, and Is familiar with and
cognIzant of the wealth, Income, real and/or person€:: property, whether Jointly or Individually titled, estate
and assets of the other, and that each has made a full and complete disclosure to the other of his and her
entire assets and liabilities, and any further enumeration or statement thereof In this Agreement Is hereby
specifically waived. The parties do not wish to make or append hereto any further enumeration or
statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her
,
heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or
his or her heirs, personal representatives or assigns, In any action or contention, direct or Indirect, that there
was any absence or lack of full and proper disclosure, Further, both parties waive their right to have the
Inventory or financial disclosure statement of the other attached hereto,
24, Reof9sentatlon of the Parties. HUSBAND Is represented by Johnson, Duffle, Stewart &
Weidner, In connection with the negotiation and preparation of this Agreement. WIFE Is represented by
Melissa P. Greevy, Esquire, Each party acknowledges that he or she has receIved Independent legal advice
from counsel of his or her own selection, and that each fully understands the facts and has been fully
Informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this
Agreement Is, in the circumstances, faIr and equitable, and that It Is being entered Into freely and voluntarily,
after having received such advice and with such knowledge, and that the execution of thIs Agreement Is not
the result of any duress or undue Innuence, and that It Is not the result of any Improper or Illegal Agreement
or Agreements, In addition, each party hereto acknowledges that he or she has been fully advised by his or
her respective attomey of the Impact of the Pennsylvania Divorce Code, whereby the Court has the right and
duty to determine 'all marttal rights of the parties Including divorce, alimony, alimony pendente lite, equitable
distribution ':If all marital property or property owned or possessed Individually by the other, counsel fees and
costs of litigation, and fully knowing the same and being fully advised of his or her rights thereunder, each
party hereto stili desires to execute this Agreement, acknowledgIng that the terms and conditions set forth
herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the
Court of Common Pleas of Cumberland County, or any other Court of competent jurtsdlctlon, make any
determination other than what may have already occurred or order effecting the respective party's rights to
alimony, alimony pendente lite, support and maIntenance, equitable distribution, counsel fees and costs of
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litigation, Each party has carefully read this Agreement and Is completely aware of not only Its contents but
also of Its legal effect.
25, Walk:er of Rights to Other Party's Estate, Except as provided for herein, HUSBAND and
WIFE each waive any and all right:
A, To Inherit any part of the estate of the other at his or her death, except as provided
herein;
B, To receive property from the estate of the other by bequest or devise except under a
Will or Codicil dated subsequently to the effective date of this Agreement;
C, To act as personal representative of the estate of the other on Intestacy unless
nominated by another party legally entitled to so act;
D. To act as the personal representative under the Will of the other unless so numlnated
by a Will or Codicil dated subsequently to the effective date of this Agreement;
E, To claim a family allowance In the estate of the other,
26, Containment of Entire Agreement Herein, This Agreement supersedes any and all other
Agreements, either oral or In writing, between the parties relating to the rights and liabilities arising out of
their marriage, This Agreement contains the entire agreement of the parties,
27, Partial Invalidity. If any portion of this Agreement Is held by a Court of competent
jurisdiction to be Invalid, voId, or unenforceable, the remaining provisions shall, nevertheless, continue In full
force and effect without being impaired or invalidated in any way,
28, Effect of Reconclllatlon, Cohabitation or Divorce Decree, The terms of this Agreement
shall be Incorporated Into any Divorce Decree whIch may be entered with respect to the pa~es, This
Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and
enforcement under applicable law Including the Pennsylvania Divorce Code, This Agreement shall also
remain In full force and effect even If the parties effect a reconciliation, cohabltate as Husband and Wife, or
attempt to effect a reconciliation, It is the Intent of the parties that thIs Agreement shall be non-modmable
9
and enforceable as an Order of Court as provided In 23 Pa,C.S, !j3105, following the entry of any judicial
decree, judgment or order of dissolution of marriage,
29, Modification. This Agreement shall not be subject to modification except as In accordance
with Pennsylvania law and with a writing between both parties evidencing their Intent to modify the
Agreement.
30, No Waiver of Default, This Agreement shall remain In full force and effect unless and until
terminated under and pursuant to the terms of 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,
31, AttornQys Fees and EJ(penses, Each party shall be responsible for their own allomeys fees
and expenses,
32, Mutual Cooperation. Each of the parties shall, on demand, execute and deliver to the other,
any deeds, bills of sale, quit claims, assignments, consents, tax retums, and other documents and do or
cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and
purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay
to the other all allomey's fees, costs and other expenses reasonably Incurred as a result of such failure,
33, Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities
each Is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his
or her respective obligations from Income or property not reasonably necessary to be expended for such
party's maintenance and support or for the maintenance and support of such party's dependents, Should
either party file a Petition under Title XI of the United States Code, or should a petition be filed against elt~er
Involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under
this Agreement will not result In a benefit to the debtor party that outweighs the detrimental consequence.to
the non-debtor party or the non-debtor party's child or children,
34, Law of Penm,yivania ADDllcable, This Agreement shall be construed In accordance with
the laws of the Commonwealth of Pennsylvania,
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35, Date of Agmement, The effective date of this Agreement shall be the date on which the last
party executes the Agreement If the parties do not execute the Agreement on the same date. Otherwise, the
effective date will be the date that both parties execute the Agreement If they execute on the same date.
36 . Successors and Assigns, This Agreement, except as otherwise expressly provided herein,
shall be bInding on and shall Inure to the benefit of the respectlVtl legatees, devisees, heirs, executors,
administrators, assigns and successors and Interest of the parties,
IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and
year first above written,
WITNESS:
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Richard Vanadia
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Penn nadia -
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This is to verify thaI a Subpoena was sent to Keirsten Davidson on July 16, 1999, This was sent by
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Richard Vanadia II '1' ; /"
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PS Form 381
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This is 10 verify that we sent 2 copies of the Petition to Penny Vanadia for Civil- Term 1198.0767, One was
sent Certilied with return receipt. The other being mailed Certificate of Mailing, BOlh was mailed on July
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