HomeMy WebLinkAbout98-03212
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. IN THE COURT OF COMMON PLEAS *
* OF CUMBERLAND COUNTY *
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. STATE OF PENNA. ~
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8 KARENJ;'I'RIMMER!I *
N 0.......3212 "CIVIL 1998
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SCOTTL, TRIMMER
Defendant
DECREE IN
DIVORCE
AND NOW, . .. .... . .. .4,,~.. .. '1.:".. " 1"9 .~~~~ ., it is ordered and
decreed that. . .KARElNJ; TRIMMER' , . . . . . . . . ... . . . . , . . , . . ., plaintiff,
and... . . . Sr.OTT L..TRIMMER. , . . . . , . . .. . . . . . . ... . . . .. . . . " defendant,
ore divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not Y6t
beEtn entered;
The Marital. Settlement'Agreement. dateclMarch 20,2001 is 'incorporated'into but
nbt'trterg~d' hlto th1s 'Dec'r~ In'Divorce', ' . . . , , . . . . . . . . . . . . . . . . . . , . . . . , . . . , . . .
[l y T h
u~d .
Attest:
C,/};;I
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y;.~~. Prothonotary
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KAREN J. TRIMMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
: NO. 98-3212 Civil Term
SCOTT L. TRIMMER,
Defendant
,
.
: CML ACTION - DIVORCE
MARITAXA SETTLEMENT AGIU:EMlNT
DA~ MARCH 20, 2001
.
.
, lncludingcuatody, visitation and support; and, In general, the settling of any and
~tl.cI8bn. and possible claims by one against the other or against their respective
estates,
NOW,TaEREroRE. in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good
and valuable COIllIlderations, receipt of which is hereby acknowledged by each of
. the perties hereto, Husband and Wife, each intending to be legally bound hereby,
covenant and agree as follows:
1. . AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This.
. Agreement shall not be considered to ,affect or bar the right of Husband or
Wife to a divorce on lawful grounds if suc)l grounds now exist or shall
hereutter exist or to Iiluch defense as may be available to either party. This
Agreement is not intended to condone a~d shall not be deemed a
condonation on the part of either party hereto of any act or acts on the part
of the other party which have occurred prior to or which may occur
subsequent to the date hereof.
2. EFFECT OF DIVORCE DECREE. The parties agree that, unlesll otherwise
specifically provided herein, this Agreement shall continue in full force and
effect after such time as a final decree in divorce may be entered. with
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respect to the parties. It is the intent of the parties hereto that this
Agreement shall create contractual rights and obligations entirely
independent of any Court Order and that this Agreement may be enfol'Ced
by contract remedies in addition to any other remedies which may be
available pursuant to the terms of this Agreement or otherwise under law
or equity.
3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The
parties agreeihat the terms of this Agreement shall be incorporated, but not
merged, into any divorce decree which may be entered with I'eSpect to
them. The parties further agree that the Court of Common Pleas whi~h may
enter such divorce decree shall retain continuing jurisdiction cr,er the
parties and the subject matter of this Agreement for the purpose of
enforcement of any of the provisions thereof.
4. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executE:d by the.
parties .if they have each executed this Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this Agreement
shall be defined as the date of execution by the party last executing this
Agreement.
5. ADVICE OF COUNSEL, The provisions of this Agreement and their legal
effect have been fully explained to Husband by his attorney, Nora F. Blair,
Esquire. The provisions of this Agreement and their legal effect have been
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fully explained to Wife by her attorney, Andrew C. Sheely,Esqulre. The
parties acknowledge that they fully understand the facts and have been
fully Infonned as to their legal rights and obligations, and they e.cknowledge
and accept that this Agreement Is, In the circumstance, fair and equitable
. and tIult It Is being entered Into treelY and voluntarily, after having received
such advice and with such knowledge and that execution of this Agreement
Is not the result of any duress or undue Innuence and that It Is not the
result of lUlY collusion or improper ar illegal agreement ar agreements. The
parties further acknowledge that they have each made to the other a full
and complete disclosure of their res})p.ctive assets, estate, liabilities, and
saurces of income and that they waive any spectnc enumeration thereof for
the purpooes af this Agreement. Each party agrees that he and she shall
not, at any future time, raise as a defense or atherwise the lack of such
disclosure In any legal proceeding Involving this Agreement, with the
exceptian of disclosure that rnay have been fraudulently withheld.
6. PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and
. shall live separate and apart. They shail be free from any control, restraint,
Int.erference ar autharity, direct or indirect, by the other in all respects 8S
fully as if they were unmani.ed. They may reside at s.uch place or places as
they may select. Each may, far his ar her separate use ar benent, conduot,
c8lTy an and engage in any business, occupatlan, profession or emplQYment
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which to him or her may seem advisable. Husband and Wife shall not
moiest, harass, disturb or malign each other or the respective families of
each oth~r or compel or attempt to compel the other to cohabit or dwell, by
any means or in any manner whatsoever, with him or her.
7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of
this Agreement shall not be affected by their SUbsequent cohabitatior. or
resumption of marital relations, unless the parties otherwise speclftcally
agree in writing,
8. MUI'UAL RELEASES. Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of the
other, for all time to come, and for all purposes whatsoever, of and from any
and all rights, title and interests, or claims in or against the property
(including income and gain from property hereafter accruing) of the other
or against the estate of such other, of whatever nature or wheresoever
situate, which he or she now has or at any time hereafter may have against
the other, the \!state of the other or any part thereof, whether arising out of
any fonner acts, contracts, engagements or liabilities of the other or by way
of dower or CllrteSY, or claims in the nature of dower or curtesy or widow's
or widower's rights, family exemption or similar allowance, or under the
intestate laws, or the right to take against the spouse's will; or the right to
treat a lifetime conveyan(~e by the other as testamentary, or all other rights
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of a sUrviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsyivanla, any State, Commonwealth or
territory of the United States, or any other country, or any rights which
either party may have or at any time hereafter shall have for past, present
o~ future support or maintenance, alimony, alimony pendente lite, counsei
fees, property division, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, a!1 rights and agreements and
obligations of whatsoever nature arising or which may arise under this
Agleedlent or for the breach of any provision thereof. It is the intention of
Husband and Wife to give to each other the. execution of this Agreement a
full, compiete and general release with respect to 8Ilyand ail property of any
kind or nature, real, personal or mixed, which the other now OWns Qr may
hereafter acquire, except and only except all rights and agreements and
obligations .of whatsoever nature arising or which may arise under this .
Agreement or for the breach of any provision thereof. It is further agreed
. t~t this Agreement shail be and constitute a full and final resolution of any
and all clalms which each of the parties may have against the other for
equitable division of property, alimony, t'Ounsel fees and expenses, alimony
pendente lite or any other claims pursuant to the 1'ennsylvaniaPlvorce
Code or the divorce laws of any other jurisdiction.
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him or her, with full power In him or her to dispose of the same all fully and
effectively,ln all respects and for aU purposes, 8S though he or she were
unmamed. Further each of the parties waives and relinquishes any right,
title and Interest which either may have in such property acquired by the
other party since separation. Should it become nec)essary for either party
to execute any titles, deeds or similar documents to give effect to this.
paragraph, it shall be done Immediately upon the request of the other party.
12. REAL ESTATE. The parties are the owners of 8 house located at 610
H\Ullmel Avenue, Lemoyne, Cumberland County, Pennsylvania. Husband
shall retain said real estate as his sole Rnd separate property,.
Simultaneously with signing this Agreement, Wife shall execute a deed
tral1sfemng her interest in said real estate to Husband. Wife shall move out
of said real estate no later than JUlle 29, 2001. Husband shall pay to Wife
Four Thousand Dollars ($4,000.00) for her interest in said real estate and
\.
other marital property. Husband shall pay said amount in monthly
installments of Four Hundred Dollars ($400.00), beginning July 1,2001, or
the first day of the month following Wife moving out of said real estate,
whichever is earlier, and on the first day of the next nine months until the
amount is paid in full. Husband shall be solely responsible for the payment
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of the mortgage, home equity loan and all other expenses 8Ssocia~wl.th
said real estate as of the date Wife moves out of said real estate. Husband
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agrees to be solely responsible for payment of a\1 costs associated with the
recent furnaceinsta\1ation. Husband agrees to indemnify and hold Wife
hannless for and against any and all claims arising out of Husband's failure
to make payments as specified in t.his paragraph. Husband ahan remove
Wife from liability on any Ilen against said real estate within one (1) year of
the date Wife moves out of said real estate. If Husband falls to do such, the
house sha\1 be placed for sale with a real estate agent and any reasonable
offer accepted, Each party agrees to execute a\1 documents necessary to
implement this paragraph. Husband shall claim the house for tax purposes
for 2001 and subsequent years. If said real estate is sold, Husband shall
receive all of the proceeds from said sale and shall be solely responsible for
the payment of capital gains or other income tax resulting from s\lch sale,
If any.
13. AUl'OMOBILES. The parties are the owners of two automobiles. The 1987
Plymouth Horizon shall be Wife's sole and separate property. Wife shall be
solely responsible for the payment of any loan on her vehicle. Wife agrees
to indemnifY and hold Husband hannless for and against any and all claims
arising out of Wife's failure to make payments as specified in this
paragraph. The 1992 Ford Bronco shall be Husband's sole .and separate
property. Husband sha\1 be solely responsible for the payment of any loan
on his vehicle. Husband agrees to indemnifY and hold Wife harmless for.
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Bnd against any and an claims arising out of Husband's failure to make
payments as specified In this paragraph. Each party agrees to execute all
documents necessary to implement this paragraph.
14. LlFE INSURANCE. 'fhe parties are the owners of various life insurance
policlea. The life insurance policies shall be the sole and separate property
of the insured. Husband and Wife each agree to retain each other, their
children or a trust for the benefit of their children as the beneficiaries of
their life insuran(le policies with a face value equal to or exceeding that
currently in existence until all of the parties' children are twenty-two (22)
years of age. Further the parties agree that if the face value of the party's
life insurance policies does not total One Hundred Thousand Dollars
($100,000.00), the party will name the other party, the parties' children, or a
trust for the benefit of the parties' children as the beneficiary of the death
benefit of the party's 401(k), Individual Retirement A,ccount (IRA), other
retirement Or pension account, or other assets of the party's estate to reach
a total death benefit for the parties' children of One Hundred Thousand
Dallan; ($100,000.00) until all of the children are twenty-two (22) years of age.
15. CURRENT LIABILITIES. The parties have accumulated various debt
during the marriage. Wife shall be solely responsible for the payment of
any and all debt that is in her name, Husband shall be solely responsible
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specifically waive the rights of spoulIe beneficiaries established by federal
o~ state statute Including ERISA. Each party expressiy states that It Is hili
or her intention to revoke by the terms of this Agreement any benenciary
designations naming the other party which are In eft'ect as of the date of
execution of this Agreement. If the other party continues to be named as
beneficiary and no alternate beneficiary is otherwise designated, the
beneficiary shall be deemed to be the estate of the deceased party. Not
withstanding the foregoing, however, In the event that either party hereto
specifically designates the other party as a beneficiary after the date of
execution of this Agreement, then this waiver provision shall not bar that
party from qualltying as such beneficiary.
22. CHILD SUPPORT. Husband agrees not to seek child support from Wife for
one (1) year after Wife moves out of the marital residence. Husband agrees.
to provide health insurance coverage for the parties' minor children, The
parties each agree to pay to the providers one-half of the cost of all medical,
orthodontia, and psychological/psychiatric services for the minor children
. after insurance reimbursement. Husband shall claim the parties' children
as dependants for tax purposes for the year 2001 and thereafter.
23. MUTUAL CONSENT DIVORCE. The parties agree and aCknowledge that
their marriage is irretrievably broken, that they do not desire marital
counseling, and that a complaint in divorce has been filed In Cumberland
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County at number 98-3212 CIvil Term. The parties agree to have the divorce
decree entered In that case pursuant to Section 3301(c) of the Pennsylvania
Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the
Code). Accordingly, both parties agrt.'e to execute such stipulations,
consents, affidavits, or other documents and to direct their respective
attorneys t.o forthwith me such stipulations, consents, affidavits, or other
documents as may be necessary to proceed to obtain a divorce pursuant to .
said Section 3301(c) of The Code. Specifically the parties agree to sign the
Aft'idavlts of Consent and Waivers of Notice of Intention to Request Entry
of Divorce Decree simultaneously with the signing of this Agreement.
Upon request, to the extent permitted by law and the applicable Rules of
Civil Procedure, the named defendant in such divorce action shall execute
any waivers of notice 01' other waivers necessary to eX)Jedite such divorce,
24. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents
t~t they have not heretofore incurred or contracted for any debt or liability
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or obligations for which the estate of the other party may ~ responsible or .
liable, except as may be provided for in this Agreement. Each party agrees
to indemnitY and hold the other party harmless for and against any and ail
such debts, liabilities or obligations of every kind which may have
heretofore been incurred by them, including those for necessitieR, except
for the obligations arising out of this Agreement.
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.2G. wARRANTY AS TO F'UTURE OBlJGATIONS. Husband and Wife each
covenant, warrant, represent and agree that, with the exception of
obligations set forth in this Agreement, neither of them shall hereafter
Incur any liability whatsoever for which the estate of the other .may be
. liable. Each party shall indemnify and hold harmless the other party for
and against any and all debts, charges and liabilities incurred by the other
after the execution date of this Agreement, except as may be otherwise
speciflcally provided for by the terms of this Agreement.
28. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed
by both parties, and no waiver of any breach hereof or default hereunder
shall be deemed a waiver of any subsequent default of the same or similar
nature.
27. . MUI'UAL COOPERATION. Each party shall, at any time and from time to
time hereafter, take any and all steps and e}reCute, acknowledge and deliver
to the other party any and all further instruments and/or documents that
the other party may reasonably require for the purpose of giving full force
. and effect to the provisions of this Agreement.
28. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be
construed in accordance with the laws of the Common~alth of
Pennsylvania which are In effect as of the date of execution of this
Agreement.
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this Agreement or for seeking such other remedies of relief as may be
available to him or her.
33. SEVERABILITY. If any term, condition, clause or. provision of this
Agreement l:Ihall be determined or declared to be void or invalid In law or
otherwise, then only that term, condition, clause or provision shall be
stricken from this .Agreement and, in all other respects, this Agreement
shall be valid and continue in full force, eft'ectand operation, Likewise, the
failure of any party to meet her or his obligations under anyone or more of
~he paragraphs herein, with the exception of the satisfaction of the
conditions precedent, shall, in no way, void .01' alter the remaining
obligations of the parties.
34. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the
text of the several paragraphs and subparagraphs hereof are inserted solely .
for convenience of reference and shall not constitute a part of this
Agreement, nor shall they affect its meaning, construction or effect.
THIS SECTION IS LEFT BLANK INTENTIONALLY. .
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COMMoNWEAl,TH OF PENNSYLVANIA
COUN1'Y OF DAUPHIN
. On Ihls, the 20'" doy or 1., . # .. ,2001, -..., 8 N""">'
Public t'or t.he Commonwealth ot' Pennsylvania, personally appeared SCOTT L,
:88.
TRIMMER, known to me to be the person whose name is subscribed to the within
Agreement, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto se~nd and official seal.
Notarial S.al
L Nora F. Blair, Nolmy Public
owor Pallton 1\11"" Dauphla County
. My Commission P,plrel; May '10, 2003
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In the Court or Common Pleas or CUMBERLAND County, Pennsylvania
DOMESTIC RELA'fIONS SECTION
KARBN J, TRIMMBR ) Docket Number 98-3212 CV
I'Iah1l11'1' )
VS, ) PACSES Cas~ Numher 356100162
SCOT!' L, TRIMMBR )
Defendant ) Other Stale ID Numher D-27654
ORDER
AND NOW, to wit on this
26TH DAY OF JUNE, 1998
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other
ALIMONY PBNDENTE LITE
filed on
JUNl! 9, 1998
in the above captioned
matter is dismis,~ed without prejudice due to:
AN AN ORDER OF SUPPORT BEING ESTABLISHED UNDER DR#27,602, PAeSES #401100146,
DOCKET NOS, 426 S 1998
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner, if filed within one year from date hereof,
BY THE COURT:
~/L
JUDGE
DRO IR, J. Shadday '-y
ee 1 Pet:Ltloner and Respondent
eel Chr:Lstopher C. "ouston, Esq. ~d
eel Nora F. Blatr. Esq. I'lu\('-Q
- 7hh'>l
Service Type M
Porm OE.~06
Worker ID 21005
.
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CUfU1.QrL.QL-U.R.nQIr
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Praecipe for Withdrawal of Appearance
and Praecipe to Entry of Appearance Upon the fOllowing named
indivi.dllal this day by depositing same in the United States MaU,
First Class, postage prepaid, at Carlisle, PennsYlvania, addreslled
as follows I
Nora F. Blair, Esquire
5440 Jonestown Road
Harri8burg, PA 11112
....'
Datel January L-5 , 2001
.~~ (' "J[g,
M~w~ Sheel~ . quire
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KAREN J, TRIMMER.
P1aintitT
: IN THE COURT OF COMMON pLEAS.
: CUMBF..RLAND COUNTY, PENNSYLVANIA
v,
: NO. 98-3212 Civil'l'enn
SC<YlT L. TRIMMER.
Defendant
: CIVIL ACTION - DIVORCE
MOTION FOR ENTRY OF ALIMONY ORDER
AND NOW comes Scott L. Trimmer, by and through his attorney, Nora F',
Blair, Esquire, files this Motion for Entry of Alimony Order and in support thereof
avers as follows:
1. The parties hereto are former husband and wife.
2. At the request of Karen J. Trimmer the parties negotiated a Stipulation for
Support, A copy of the Stipulation for Support that was signed by the
parties on September 10,2002, and September 11,2002, is attached hereto,
marked Exhibit "A" and incorporated herein by reference,
3. The parties entered into the Stipulation for Support because Karen J,
!
Trimmer wanted to have her monthly support payment lowered and wante4
the support amount to remain unchanged.
4. Scott L. Trimmer agreed to lower the support amount and have the amount
remain unchanged.
5, In order to assure that neither party would make any changes to the support
amount, the parties agreed in paragraph 8 of the Stipulation that if either
party requested a modification of the support order, that party would pay
alimony to the other party in the amount of One Hundred Twenty-Eight
Percent (128%) of the amount of the change.
6. The Stipulation for Support provided that Karen J. Trimmer was to pay
support in the amount of Five Hundred Dollars ($500.00) per month.
7. On March 27, 2003, Karen J. 'l'rimmer requested a modification to the
support order.
8. On May 21, 2003, an Order was entered for support in the amount of $220.00
per month plus $22.00 per month on arrears. A copy of said Order is
attached hereto, marked Exhibit "B" and incorporated herein by reference,
9. The difference in the amount of' support in the Stipulation ($500.00) and the
amount in the May 21, 2003, Order ($220.00) is $280.00 per month.
10. Pursuant to paragraph 8 of the St.ipulation for Support, Karen J. Trimmer
now owes alimony in the amount of $358.40 per month, Said amount is 1.28
t.imes the amount of the change in the support order.
WHEREFORE, Scott L, Trimmer respectfully requests that Your Honorable
Court enter an Order for Karen J. Trimmer to pay him alimony in the amount of
$358.40 per month effective March 27, 2003, with payments collected by the Office
, of Domestic Relations for Cumberland County.
Respectfully submitted,
DATE)>: ~ I~ 2"'('\J
o F. Blair
Sup erne Court ID 45513
5440 Jonestown Road
Post Offke Box 6216
Harrisburg, PA 17112-0216
('117) 541-1428
In the Court of Common Pleas of CUMDERI,AND County. Pennsylvania
DOMESTIC REI.A"fIONS SECTION
SC01'T L, TRIMMER ) Order Number 00267 S 2002
Plaintiff )
va, ) PACSES Case Number 605104376
KAREN J. TRIMMER ) Docket Number 00267 S 2002
Defendant ) Other Stale lD Number
QRllEB.,QU;;OURT
o }'Inal 0 Intel'lm (i) Modlned
AND NOW,
21ST DAY OF MAY, 2003
,based upon the COUlt's
determination '.hat the Payee's monthly net income Is $ 1106,61
and the Payor's
monthly net income Is $ 1,397.02
, it is hereby ordered that the Payor pay to the
Pennsylvania State Collection and Disbursement Unit
1'WO HUNDRED FORTY-1'WO AND 00/100
Dollars ($ 242,00
) a month payable
MONTHLY
as follows: first payment due
IN Ar.CORDlINCE WITH DF.FENDANT'S PAY SCHEDULE,
The effective date of the order is 03/27/03 ,
Arrears set at $ 142.71-
as of
tolAY 21, 2003
are due in fnll
IMMEDIATELY, All terms of this Order are subject to collection and/or enforcement by
contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license
revocation, and the freeze and seize of financial assets. These enforcement/collection
mechanisms will not be initiated as long as obligor does not owe overdue supp01. Failure to
i
make each payment on time and in full will cause all arrears to become subject tq immediate
collection by all the means listed above,
For the Support of:
Name
RAY E, TRIMMER II
BirthDl\l.Q
00/15/91
Service Type M
EXHIBIT "B"
Form OE.518
Worker ID 21105
KAREN ], TRIMMER
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 98-3212 Civil Tcrm
scorr L. TRIMMER
Defendant
: CIVIL ACTION-DIVORCE
ANSWER TO MOTION FOR ENTRY OF ALIMONY ORDER
The Motion for Entry for Alimony proposcd by Dcfendant, Scott L. Trimmer should be
denied for the foregoing reasons,
1. Modification of thc order for child support was granted on May 21, 2003, in the Court of
Common Pleas, of Cumberland County, Pcnnsylvania, The effcctive date of
modification is March 27, 2003, The modification was properly granted due to a split in
physical custody and recalculated pursuant to PA R,C,P, * 1910,16-2,
2, The stipulation agreement should not be enforced, Paragraph 5 of the Stipulation
Agreement between the patiies, dated September 10, 2002, unlawfully allows either party
to contract away legal support rights on behalfofthe minor child (Ruth F, v, Ro~_"
690 A,2d 117,456 Pa, Super 398 (1997), Additionally this stipulation has not been
merged into thc divorce decrce, thcrcforc prcventing enforcement or modification by the
court,
3, A modification or reinstitution of an alimony award is granted only where there is an
initial order for alimony. Consequently, without a merger into the divorce decree or.an