HomeMy WebLinkAbout91-1603KEXIN P. SAVOY
CHUN CHA SAVOi,
t-'lain t_i
:
De l'el~dan i, :
IN THE COURT OF COMMON I'~LEAS OF
CUblBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. ]~o0~ CIVIL 1991
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If ~ou ~ish to defend against
the claims sci l.'ot'th [ti the followJ, ng pages, you must ~ake pi'ompL
entered against y~_~u b5 the Cotll. L. A ,jt~dgllleIi[ ma,v also be entered
against you Fo~' an> other claim or t.'elief r'equested in these
paper's b,v the Plaintiff. You may lose money of p~:'operLy c;,~' o[I'lef'
l:'ights [mpor't. anL to you, inciudi, ng custod5 of x, isitatiot~
ch i ldr'en .
When the grounds for' divorce is indignities of it'~'etrie~abie
'b~'eakdowl:~ of the maz'i'iage, you may request maz'riage counseiling.
A l.[st of marr'iage counselors
Office a.L the Cumberland Count~ Cour'thouse, Carlj sic,
Pennsy 1 vania.
IF YOU DO NOT FILE
PROPERTY, LAWYER'S FEES
ANNULMENT IS GRANTED, YOU
THEM.
A CLAIM FOR ALIMONY, DIVISION OF
OR EXPENSES, BEFORE A DIVORCE OR
MAY LOSE THE RIGHT TO CLAIM ANY OF
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 ~HERE YOU CAN GET LEGAL HELP.
Cour*t Adlninistrat, ot. - Fouz'th F].oor
Cumber'latnd County Cour'thouse
Carlisle, Pennsyl~ ania 17013
Telephone (717) 240-6200
James j. Kayer'
ALLot'ney 17o~' Plainti££
Fifty East High St, feet
P.O. Box 246
Cat'lisle, PA 17013
(717) 243-7807
KEVIN P. SAVOY,
CHUN CHA SAVOY,
Plain t_i fl?
Del?endanL
iN I'HE COURT O15' COIIMON PLEAS
CUNBERLAND COUNTY, PENNSTLVANIA
CIVIl_, ACTION - LAV-
NO. /~,0~ (;IVIL 19:31
tN DIVORCE
COMPLAINT IN DIVORCE
PlalnLifl? KEVIN P. SAVOY, L}lrough his a[Lol'neI,
COMES NOW,
Jt~unes ,J. Ka,~e~', Esquii'e and avers as
COUNT I - DIVORCE
1. Plaintiff is Kevin P. Savoy, w}lo~e curt'ertL }tome of
record is 147Lb Postal, Box 213, APO NY 09102.
~. ])efend~nL i~ Chun Cha Savoy, ~hose cut's'ertl home of
r'ecol'd is 13 Shit'ley Lane, Boiling Springs, PA 1700~.
3. Plaintiff and Defendant ha~e 'been bona l?ide ~'es, idents
of k}le C'ommont~ea]L}~ for aL least, six months Jmmediatel~ pi'ev.lous
Lo the i'i. li~g of this Con~plakn[.
4. The plainLil?f and defendant t,'ei.'e lllal'l'ied Oil AugUSt 10,
1976 in Honolulu.
fi. Ther~ have been no prior acbions of divot'ce filed
t, h5 s mat
6. The mart'iage is irregrievabl~ bt'oken, and Lhe pat'Lies
ai'e proceeding under Sec'bio~i 201(c) of hhe Divorce C:ode.
7. Piainbil?f is a member' oF the Unit. ed StaLes Armed
WtfEREFORE, Pla.int. i f'f' reclue~Ls Lhe courL Lo ~nt. ei' a Uecr'ee
divot.ce.
f~especLf'ull¥ submiLLed,
ARTHUR T. 51CDERSIOTT & ASSOCIATES
50 /East H~gh S~et
C~r'l i. sf e/, PA 17013
//7171 /2J3-7807
vSRZFtCATION OF PLEADINOS
the ~;tat~ent~. made
%his document ar~
of' 18 Pa. C.S.
unshorn £at-~i£icaLion to
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON, DEARDORFF, WILLIAMS & OTTO by
Daniel K. Deardorff as attorneys for the Defendant, Chun Cha Savoy,
reserving her right to file a responsive pleading.
MARTSON, DEARDORFF, WILLIAMS & OTTO
Daniel K. Deardorff, E-~squir~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: May 27, 1991
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe was
served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & OTTO
Daniel K. Deardo~rff, Esquire~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: 'May 22, 1991
KEVIN P. SAVOY,
r)lain~i £f
('HUN ('HA SAVOY, :
Del~endant :
· IN THiZ COUR. i' OF CO~l>lON ['LEAS OF
CL[~IBERLAED (OLNTY, PE~NSYLVANfA
:
CIVIL ACTION - LAW
NO. 1603 CIVIL ]991
IN DIVORCE
AFFIDAVIT OF SERVICE BY :XlAIL
PURSUANT TO Pa. R.C.1P. 1920.4{a){1){ii)
COHNONWEALTH OF PENNS\'LVANIA :
: SS
(OUNTY OF CU~IBERLAND :
James J. Kayer', Esquire, being duly sworn accorUing to law,
deposes and sa~s UhaL he is the attorney for' plaintiff, KEVIN P.
SAVOY, and that he did set'ye a [.rue and cor'recb copy
Notice and Complaint filed in the above matt. er, b.~
cer'Lil~ied, r'e[ur'n r'eceipL requested, r'esLr'[cLed delJx, er'y, [o the
Del'endanL, CHUN CHA SAVOY, on }lay 20, 1991. The
attached hereto as Exhibit "A".
S~o~ and subscr'ibed be~,.)~,e me." this ~~ da~
of ........... /dff~ ................. , 1.99. 1. .// ;/' ~
~'o tauy ~ublic
C~Ll~E flOR' LIC
7193-AI~S.1BSV
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you failed to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available at the
Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa.
You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are to
be borne by you and your spouse. If you desire to pursue
counseling, you must make your request for counseling within twenty
(20) days of the date on which you receive this notice. Failure to
do so will constitute a waiver of you right to request counseling.
IF ¥OU DONOTFILE A CLAIMFORALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULME~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
Third Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 249-1133
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
ANSWER
AND NOW, comes the Defendant, CHUN CHA SAVOY, by her
attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and avers as
follows:
1-7. Admitted.
COUNT I - DIVORCE
WHEREFORE, Defendant requests this Honorable Court to enter a
Decree of Divorce following determination of the collateral issues
addressed below.
COUNT II
Equitable Distribution of Marital Property
8. Plaintiff and Defendant have acquired property, both real
and personal, during their marriage which is subject to equitable
division including, without limitations, certain real estate
located at 13 Shirley Lane, Boiling Springs, Cumberland County,
Pennsylvania 17007.
WHEREFORE, Defendant, Chun Cha Savoy, requests this Honorable
Court to determine marital property and to order an equitable
distribution thereof.
COUNT III
Claim for Alimony, Support, and Alimony Pendente Lito
9. The Defendant lacks sufficient property to provide for
her reasonable needs and is unable to adequately support herself
through appropriate employment.
10. The Defendant requires reasonable support to adequately
maintain herself in accordance with the standard of living
established during the marriage.
11. The Plaintiff is financially able to provide for the
reasonable needs of Defendant.
WHEREFORE, Defendant, Chun Cha Savoy, requests that this
Honorable Court enter an award of support and Alimony Pendente Lite
until final hearing and permanent Alimony thereafter.
COUNT IV
Claim for Counsel Fees and Expenses
12. The Defendant has retained the services of MARTSON,
DEARDORFF, WILLIAMS & OTTO, and counsel fees, costs and expenses
for representation of this action will be substantial and
continuing.
13. The Defendant is without sufficient funds, income or
assets to pay such counsel fees, costs and expenses.
14. The Defendant may need to retain the services of a
Certified Public Accountant, appraiser, and other experts with
regard to this action.
WHEREFORE, Defendant, Chun Cha Savoy, requests that this
Honorable Court enter an award for Preliminary and Interim counsel
fees, costs and expenses, and to enter a final award of counsel
fees, costs and expenses.
COUNT V
Enforcement of Aqreement
15. The parties hereto have previously entered into an
Agreement dated August 26, 1987, a true and correct copy of which
is attached hereto and marked as Exhibit "A".
16. Plaintiff has been, and continues to be, in default of
said Agreement, inter alia, in failing to make the required support
payments for over one (1) year.
WHEREFORE, Defendant, Chun Cha Savoy, requests this Honorable
Court to enforce the parties' Separation Agreement as provided by
law.
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Privileges provided under U.S. Army, NATO-SOFA, or USAREUR
Regulations as long as the wife and the children continue tO qualify
as his dependents and for the benefits. In the event a final decree
of divorce or dissolution of marriage is entered as and between the
parties, the wife agrees to return to _the husband all military
Pri¥]-lege-¢ards in her possession. '-'
9. TRANSPORTATION: The husband will arrange for transportation of
the wife and the children and all their property in accordance with
military regulations to a place to be designated by the wife, which
transportation shall be at no expense to her.
10. ATTORNEYS' FEES: Each party agrees to pay his or her own
attorneys fees and court costs incurred as the result of an action
for divorce or dissolution of marriage instituted by either party
against the other. If it becomes necessary to enforce the provisions
of this Agreement, the prevailing party shall be entitled to judgment
against the other of his or her costs and reasonable attorney,s fee.
11. TAX RETURN: The parties agree to file separate Federal Income
Tax Returns for each tax year they remain married.
12. CONSTRUCTI. ON AND EXECUTION CLAUSE: This Agreement contains the
entire understanding between the parties. No modification or waiver
of any of the terms of this Agreement shall be valid unless made in
writing. Both parties agree to promptly execute and deliver-to the
other all documents necessary or desirable to carry fully into effect
the terms and conditions 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. If any provision of this
Agreement is held to be invalid or unenforceable, all other
provisions shall, nevertheless, continue in full force and effect.
13. CHANGES OF ADDREss: Each party will keep the other advised at
all times of any change in his or her respective address.
14. WIFE'S MAIDEN NAME: The wife may petition a court of competent
jurisdiction for return of her maiden name.
15. COURT RATIFICATION: In the event an action for divorce or
dissolution of marriage is instituted by either party against the
other, the parties agree that they shall be bound by all terms of
this Agreement; this Agreement shall be merged in any decree or
judgement that may be granted in any such action.
16. DISCLOSURE AND REPRESENTATION OF COUNSEL: Both parties warrant
they have made a full faith disclosure to the other of the existence
of a.ll of their interest in any and all property, income and
~~~nd all sources, whether stand lng in their name or
~ CR~3[~ CHA SAVOY -- ~ .
and chooses in action, which are now owned or held by, or which may
hereafter belong to that individual, with full power to dispose of
the same as fully and effectually, in all respects and for all
purposes, as if he or she were unmarried.
a. Personal. EffeCts: Ail item-s of personal effects, such as
but not limited to clothing, jewelry, books, personal papers,
cameras, photographs, records, tapes, luggage, sports equipment,
hobby collections, but not including property otherwise specifically
disposed of pursuant to this Agreement, shall become the absolute
and sole personal property of the individual to whom the items were
given or for 'whom purchased. Each party hereby surrenders any
interest he or she may have in any such property of the other.
bo Husband's Separate Personal Property: The wife releases,
conveys, transfers and assigns to the husband, as his sole and
separate personal property, absolutely and forever, all of his
personal property and effects and the 1986, two door, blue 316 BMW
(The husband will pay the wife a lump sum of $5,~00.0~ for the Blue
BMW) and the 23~ white, two door 1966 Mercedes.
c. Wife's Separate Personal Property: The husband releases,
conveys, transfers, and assigns to the wife, as her sole and
separate personal property, absolutely and forever, all of her
personal property and effects and the grandfather clock (make 1983,
number 156), all Hummel's (value $1~,~0.~0), wall unit, oil
painting, RCA television, stove, washer and dryer, freezers, all
property in storage in Pennsylvania.
d. The parties agree that they maintain separate checking and
savings accounts .in their own name and that the monies currently in
those accounts shall be the sole property of the account holder.
6. DIVISION OF REAL PROPERTY: The parties acknowledge that they own
or are purchasing the following real property: house on 13 Shirly
Lane, Boiling Springs, Pennsylvania and a house at 2263 Country
Club, Woodridge, Illinios. This property shall become the sole and
separate property of the wife, and the husband relinquishes any claim
thereto.
7. MILITARY RETIREMENT BENEFITS: Upon the husband's eventual
retirement from the military service, the wife shall be entitled to
receive monthly, as a property settlement, a portion of the husband's
net military retirement pension equal to one-half the total months
the marriage existed concurrently with the husband's military
service, divided by the total months of service upon which the
retirement benefits are based.
8. MILITARY PRIVILEGES: The husband will continue to sponsor the
wife and the children in order to keep them entitled to all military
]~E~IN p. SAVOY -_,~ CHUN CHA SAVO~
wife's Children currently being paid by husband will be taken over
and pa id by wife.
3. SUPPORT OF THE WIFE: The husband shall pay to the wife for her
support and maintenance one thousand and four hundred dollars
($1,400.00) per month by allotment beginning on the 1st day of
September, 1987, payable not later than 5th day of each month, and
terminating upon the granting of a final decree of divorce. Neither
party shall pay alimony or maintenance to the other thereafter. There
will be no further liability for payment upon the death of the payee
spouse. Neither this provision or any other provision of the
agreement shall, however, prevent either party hereto from seeking
and obtaining any order for payment of support, maintenance or
alimony from a court of competent jurisdiction at any time in the
future.
4. DEBTS: a. Past Debts: The wife agrees to assume and discharge
the following indebtedness of the parties incurred prior to the
date of this Agreement and to hold the husband harmless thereof:
CREDITOR
Hill Finance and
Savings
TOTAL DUE
$38,000.00
MONTHLY PAYMENT
$501.00
Residential Finance
Corporation 34,000.00 501.00
b. Past Debts: The husband agrees to assume and discharge the
following indebtedness of the parties incurred prior to the date of
this Agreement and to hold the wife harmless thereof:
CREDITOR TOTAL DUE MONTHLY PAYMENT
CCNB Bank $10,500.00 $383.00
b. Future Indebtedness: Neither party will hereafter incur in
the name of the other any debt or obligation. Each shall be solely
responsible for his or her own debts or obligations incurred from
this day forth, including medical and dental expenses, and shall hold
the other harmless thereof. Each party agrees to surrender to the
other at the time of execution of this Agreement any credit cards
issued in the name of the other party.
5. DIVISION OF PERSONAL PROPERTY: All items of personal property
shall be divided between the parties as provided herein.
Henceforth, each of the parties shall own, have and enjoy,
independently of any claim or right of the other, all items of his
or her separate personal property of every kind, nature and
description and
soever situated, including insurance policies
SAVOY _,~ LnJUN CHA SAV~ ~-~
1
SETTLEMENT AGREEMENT
FOR SEPARATION AND DIVISION OF PROPERTY CHILD CUSTODY AND
SUPPORT
This Agreement, made this 26t~ day of August 1987. between
KEVIN P. SAVOY (SSN: 012-4~22), hereinafter referred to as the
"husband," and CHUN CHA SAVOY, hereinafter referre~ to as the "wife."
WITNESSETH:
WHEREAS, the parties were married on the 10th day of August, 1976, at
Honolulu, Hawaii, and are now husband and wife; and
WHEREAS, no children have been born to the parties as issue of the
marriage and the wife is not pregnant, however, the wife has two
children~by a previous marriage.
WHEREAS, differences have arisen between'them, and relations between
the parties are and have been of such a nature as to render a
separation of the parties a matter of necessity for the health,
welfare and happiness of both, on account.of which they are
desirous of separating and are now living separate and apart, and
intend ~o live separate and apart from each other for the rest of
their natural lives; and
WHEREAS, it is the desire of both parties to avoid litigation with
respect to .their respective rights in their marriage, and to settle
and determine the property rights and all other rights now existing
between them by reason of said marriage, other than any causes of
action existing in favor of either party against the other for a
divorce or dissolution of marriage;
NOW THEREFORE, both parties, for and in consideration of the mutual
promises herein made and set forth and of the acts performed and to
be performed by each signatory hereto, do covenant and agree as
follows:
1. SEPARATION OF THE PARTIES: The parties may and shall at all
times hereafter live and continue to live separate and apart from
each other for the rest of their natural lives. Each shall be free
from any interference, harassment, authority and control direct or
indirect, by the other. ·
2. LIFE INSURANCE: The wife agrees to carry and maintain life
insurance upon her life in the amount of $30,000.00 with her minor
children or a guardian or trustee for the benefit of the said
children irrevocable designated primary beneficiary to the life
insurance benefits. The $100.000 Life Insurance policies for the
EXHIBIT ' N CHA S;~VO-Y -~
5
otherwise. Both parties acknowledge the assistance of counsel in
that they were informed of their right to seek and utilize the
services of independent legal counsel prior to negotiating this
Agreement and consulted with counsel prior to its execution. The
provisions of this Agreement and their legal effects have been fully
explained to the parties- by-~heir re~pe~tive counsel, and each party
acknowledges that they understand these effects and that the
agreement is fair and equitable, and it is being entered into
voluntarily, and that it is not the result of any duress or undue
influence.
17. LIMITED POWER OF ATTORNEY: The husband hereby grants unto the
wife a Limited Power of Attorney and by these presents makes,
constitutes and appoints her his Attorney-in-Fact for the sole,
singular and exclusive purpose of executing in his name all
documents required to receive to herself delivery of such of the
household goods, and personal property as may be provided within this
agreement. No other power or authority is hereby created or vested
in the wife by the husband.
18. AGREEMENT TO HOLD HARMLESS: The husband and wife mutually
promise and con9enant that neither party shall incur a debt or
obligation for which the other party may be held accountable in law
or equity. Neither the husband nor the wife will contract, borrow, or
accept goods or monies on the credit of the other, or in the other's
name, and in the event that either party is called upon to pay debts
incurred by the other subsequent to this Agreement, he or she may pay
this debt and thereafter will be completely reimbursed and made whole
by the other party. ·
19. PRIOR AND SUBSEQUENT AGREEMENTS: The parties cancel, annul and
invalidate any and all prior property settlements made by them. All
modifications of this Agreement shall be of no effect unless
expressed in writing and signed by both parties.
20. ENFORCEMENT:' The wife agrees that she will not contact, either
directly or indirectly, the Armed Forces or the husband's Commanding
Officer with respect to the enforcement of this Agreement so long as
he complies with its provisions.
21. BINDING EFFECT: All covenants, promises, stipulations,
agreements and provisions contained herein shall apply to, bind and
be obligatory upon the heirs, executors, administrators, personal
representatives and assigns of the parties hereto. If any provision
of this agreement is held to be invalid or unenforceable, all other
provisions shall, nevertheless, continue in full force and effect.
22. EFFECT OF RECONCILIATION UPON THIS AGREEMENT: Both-parties
agree that if the~ reconcile or remarry each other, this Agreement
nevertheless shall continue in full force and effect unless and
IN SAVO
CHA ~AVO? ' ~
until they both sign another agreement modifying, altering or
terminating it.
23. WAGE ASSIGNMENT: Should either party default in any obligation
herein such that a 30 day arrearage exists, a wage assignment order
maybe issued by any appropriate court or agency for the amount then
du~.
24. EXECUTION OF FURTHER DOCUMENTS: Each party will promptly and
completely sign, acknowledge and deliver, whenever requested by the
other in writing, any paper reasonably necessary to carry out this
Agreement. If either party is in default for more than twenty days
in the obligation described in the first sentence of this section,
then, after twenty days' written notice to the defaulting spouse, all
judges, commissioners and deputy court clerks of the court in which
this case is filed shall have full authority as elisors to sign those
instruments on behalf of.the defaulting party.
IN WITNESS WHEREOF, I have at Mannheim, Federal Republic of Germany,
this 18th day of August, 1987, set my hand and seal to this
Agreement, consisting of eight (8) typewritten pages, including the
preceding pages hereof bearing my signature, and an acknowledgment of
the signatures of both par~ies.
~HUN C~A SAVOY-
WITH THE UNITED STATES ARMED FORCES)
) ss ACKNOWLEDGMENT
iN EUROPE, APO NEW YORK 09086 )
I, the undersigned, do hereby certify that on this 18th day of
August, 1987, before me personally appeared CHUN CHA SAVOY, whose
signature appears above, who is known to me to be the identical
person whose name is subscribed above, and who signed and executed
the foregoing Separation Agreement; having first made known to her
the contents thereof, she personally acknowledged to me that she
signed and sealed the same, on the date it bears, as her true, free
and voluntary act and deed, for the uses, purposes and considerations
therein set forth. I do further certify that I am at the date of
this certificate a commissioned officer of the grade, branch of
service, and organization stated below, in the active service of the
United States, and organization stated below, in the active service
of the United States Armed Forces, that by statute no seal is
required on this certificate, and same is executed under authority of
10 U.S.C. 936.
P. SAVOY
7
CPT · JA
o
Assistant Staff Judge Advocate
IN WITNESS WHEREOF· I have at Heidelberg, Germany
this .26thday of August , 1987· set my hand and seal to this
Agreement', consisting of eight '(8), typewritten pages· including the
preceding pages hereof bearing my signature· and an acknowledgement
of the signatures of both parties.
~K'~VIN P.~AV~i
WITH THE UNITED STATES ARMED FORCES )
) ss ACKNOWLEDGMENT
IN EUROPE· APO NEW YORK ~X09403)
I, the undersigned· do hereby certify that on this 26th day of
~ugust 1987, before me personally appeared KEVIN P. SAVOY, whose
signature appears above, who is known to me to be the identical
person whose name is subscribed above, and who signed and executed
the foregoing Separation Agreement; having first made known to him
the contents thereof, he personally acknowledged to me that he signed
and sealed the same, on the date it bears, as his true, free and
voluntary act and deed, for the uses, purposes and considerations
therein set forth. I do further certify that I am at the date of
this certificate a commissioned officer of the grade, branch of
service, and organization stated below, in the active service of the
United States Armed Forces, tha_j~b~statute no seal is required on
this certificate, and same i~xecu~ed under authority of 10 U.S.C..
CPT, JA, 226-80-
Assistant Sta~dge Advocate
T {e 10, US Code (a%
· SAVOY
CHUN CHA SAVOY
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer was
served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & OTTO
Thomas J. ~/lliams, Esquire
Ten East ~Figh Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: June 13, 1991
VERIFICATION
The foregoing Answer is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The
language of the document is that of counsel and not my own. I have
read the Answer and to the extent that the document is based upon
information which I have given to my counsel, it is true and
correct to the best of my knowledge, information and belief. To
the extent that the content of the document is that of counsel, I
have relied upon counsel in making this verification.
This statement and verification
penalties of 18 Pa. C.S. Section
falsification to authorities, which
are made subject to the
4904 relating to unsworn
provides that if I make
knowingly false averments, I may be subject to criminal penalties.
Ch~f Ch~-S~9-6~y ~ ~
KEVIN P. SAVOY,
Plaintiff
vs.
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under Section 201(C) and Section
201(d) of the Divorce Code was filed on May 8, 1991.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce.
4. 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.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification to authorities.
Sworn to
and subscribed
, 1992.
fore me this ~ ~ day
of
Notary pursuant to 10 USC 1044a
KEVIN P. SAVOY,
Plaintiff
vs.
CHUN CHASAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
WAIVER OF COT~SELLING
Kevin P.
and says:
Savoy, being duly sworn according to law, deposes
1. I have been advised of the availability of marriage
counselling and understand that I may request that the Court
require that my spouse and I participate in counselling.
2. I understand that the court maintains a list of marriage
counselors in the Domestic Relations Office, which list is
available to me upon request.
3. Being so advised, I do not request that the Court
require that my spouse and I participate in counselling prior to
a divorce decree being handed down by the Court.
I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. section 4904 relating to unsworn
falsification to authorities.
SwO~n to and subscribed before me this
. .~f~ , 1992.
Notary Public
day of
KEVIN P. SAVOY,
Plaintiff
vs.
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
Plaintiff KEVIN P. SAVOY, through his attorney,
COMES NOW,
James J. Kayer, Esquire and avers as follows:
1. Plaintiff is Kevin P. Savoy, whose current home of
record is Sandhauserstrasse 6, Oftersheim, Germany.
2. Defendant is Chun Cha Savoy, whose current residence is
13 Shirley Lane, Boiling Springs, PA 17007.
3. Defendant has been a bona fide resident of the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The plaintiff and defendant were married on August 10,
1976 in Honolulu.
5. There have been prior actions of divorce filed in this
matter under 201(c) of the Divorce Code.
6. The marriage is irretrievably broken, and Plaintiff
wishes to proceed under Section 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff requests the court to enter a decree of
divorce.
Respect fully submitted,
ARTHUR T. MCDERMOTT & ASSOCIATES
J~- J. K~yer, i~quire
5~ ~ast High S~eet
~./0. Box/24~/
!/717) 2~.~/-7807
KEVIN P. SAVOY,
Plaintiff
vs.
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
NOTICE TO TWR DEFENDANT
If you
affidavit, you must file
after this affidavit has
will be admitted.
wish to deny any of the statements set forth in this
a counter-affidavit within twenty days
been served on you or the statements
PLAINTIFF'S AFFIDAVIT UNDER SECTION 201(d)
OF THE DIVORCE CODE
1. The parties to this action separated on or about August,
1987 and have continued to live separate and apart for a period
of at least two years.
2. The marriage is irretrievably broken.
3. 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.
4. A prior action of divorce has been filed with the Court
under 201(c) of the Divorce Code.
I verify that the statements made in this affidavit are true
and correct. I understand the false statements herein are made
subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification toauthorities~__~/~~
KEVIN P. SAVO~
herein are made subject
Section 4904, relating
authorities.
VERIFICATION OF PLEADINGS
I verify that the statements made in this document are
true and correct. I understand that false statements
to the penalties of 18 Pa. C.S.
to unsworn falsification to
Date
Kevin P. Savo~-
I hereby certify that a true copy of the foregoing Notice
to the Defendant and Amended Complaint in Divorce was served on
Defendant's Counsel, by First class mail, postage prepaid, by
forwarding a true and correct copy unto:
Daniel K. Deardorff, Esquire
10 East High Street
Carlisle, PA 17013
Dated:
Jame~ J7. K~e~, Esq~.-g
50/East H~qh Streg{
Ca~lisle,//PA f7013
(7,/17) 243f5640
7193.pet/bes
KEVIN P. SAVOY,
Plaintiff
Ve
CHUN CHA SAVOY,
Defendant
AND NOW, this ~~day of
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
ORDER
, 1991, after
review of the Petition attached hereto filed by Defendant in the
above captioned action, the Court hereby issues a Rule upon
Plaintiff and his attorney, James J. Kayer, Esquire, to show cause
why Plaintiff should not be ordered to comply with the provisions
of the Agreement dated August 26, 1987 and attached to the Answer
·
to Defendant.
Rule returnable in _~ days.% Service of this Order on
Plaintiff-Respondent shall be upon his attorney James J. Kayer,
Esquire by regular mail.
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
PETITION OF DEFENDANT TO ENFORCE SETTLEMENT AGREEMENT
1. Petitioner is Defendant Chun Cha Savoy.
2. On or about May 8, 1991, Plaintiff-Respondent filed a
Complaint in Divorce in the above captioned action.
3. On or about June 13, 1991, Defendant filed an Answer
requesting alimony, support, alimony pendente lite, counsel fees,
etc. Defendant also, in paragraph 15, requested enforcement of an
Agreement entered into by the parties on August 26, 1987. Said
Agreement was attached to the Answer as Exhibit "A" and is attached
hereto.
4. Said Agreement provides, among other things, that
Plaintiff-Respondent shall pay to Defendant support in the amount
of $1,400.00 per month which shall terminate upon the granting of
a final decree of divorce. Said Agreement also provides, in
paragraph 6, that certain real estate shall become the sole and
separate property of the Wife. Said Agreement also provides, in
paragraph 7, that the Wife shall be entitled to certain military
retirement benefits upon Plaintiff-Respondent,s retirement from the
military service. Said Agreement also provides, in paragraph 10,
that if it becomes necessary to enforce the provisions of this
Agreement, the prevailing party shall be entitled to her costs and
reasonable attorney's fees. Said Agreement further provides, in
paragraph 15, that in the event an action for divorce is instituted
by either party, the parties shall be bound by all terms of this
Agreement.
5. On or about August 1, 1989, Plaintiff-Respondent stopped
paying the support of $1,400.00 required by the Agreement.
Plaintiff has refused to transfer the real estate to Defendant.
Furthermore, Plaintiff has not provided to Defendant the military
retirement benefits agreed upon.
6. The Agreement clearly provides, in paragraph 15, that the
parties shall be bound by all terms of this Agreement in the event
an action for divorce is instituted which has occurred when
Plaintiff-Respondent filed an action in divorce on May 8, 1991.
7. Defendant-Petitioner has incurred substantial attorney's
fees in attempting to enforce this Agreement.
WHEREFORE, Defendant-Petitioner hereby requests your Honorable
Court to order Plaintiff-Respondent to comply with the Agreement
dated August 26, 1987 and reimburse Defendant-Petitioner for her
costs and reasonable attorney's fees to enforce the provisions of
said Agreement.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
Daniel K. Deardorff, Esq6~i~e
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Date: {(-tT.~
VERIFICATION
The foregoing Petition is based upon information which has
been gathered by my counsel in the preparation of the lawsuit. The
language of the document is that of counsel and not my own. I have
read the Petition and to the extent that the document is based upon
information which I have given to my counsel, it is true and
correct to the best of my knowledge, information and belief. To
the extent that the content of the document is that of counsel, I
have relied upon counsel in making this verification.
This statement and verification are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, which provides that if I make
knowingly false averments, I may be subject to criminal penalties.
Chun Cha Savoy - ~ - ~
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition was
served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & OTTO
Dated:
Daniel K. Deardorff, Es~6ire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
FOR SEPARATION AND DIVISION OF PROPERTY CHILD CUSTODY AND
SUPPORT
This Agreement, made this 26th day of August 1987. between
KEVIN P. SAVOY (SSN: ~12-~-4122), hereinafter referred to as the
'husband, and CHUN CHA SAVOY, hereinafter referred to as the 'wife.-
WITNESSETH:
WHEREAS, the parties were married on the l~th day of August, 1976, at
Honolulu, Hawaii, and are now husband and wife; and
WHEREAS, no children have been born to the parties as iSSue of the
marriage and the wife is not pregnant, however, the wife has two
children 'by a previous marriage.
WHEREAS, differences have arisen between them, and relations between
the parties are and have been of such a nature as to render a
separation of the parties a matter of necessity for the health,
welfare and happiness of both, on account.of which they are
desirous of separating and are now living separate and apart, and
intend .to live separate and apart from each other for the rest of
their natural lives; and
WHEREAS, it is the desire of both parties to avoid litigation with
respect to their respective rights in their marriage, and to settle
and determine the property rights and all other rights now existing
between them by reason of said marriage, other than any causes of
action existing in favor of either party against the other for a
divorce or dissolution of marriage;
NOW THEREFORE, both parties, for and in consideration of the mutual
promises herein made and set forth and of the acts performed and to
be performed by each signatory hereto, do covenant and agree as
follows:
1. SEPARATION OF THE PARTIES: The parties may and shall at all
times hereafter live and continue to live separate and apart from
each other for the rest of their natural lives. Each shall be free
from any interference, harassment, authority and control direct or
indirect, by the other. ·
2. LIFE INSURANCE: The wife aarees to carry and maintain life
insurance upon her life in the ~mount of $30,000.00 with her minor
children or a guardian or trustee for the benefi
.children ~_rrevocable designated ~rima~,, ~--_~_- .t of. the said
· nsurance benefits. The s ~ ~ ,:~- - ~ary ~o the life
~1 ...... u~ ~nsurance policies for the
Po SA~O~y~ EXHIBIT
2
wife's children currently being paid by husband will be taken over
and paid by wife.
3. SUPPORT OF THE WIFE: The husband shall pay to the w'
su.pport and maintenance one thous~-~ --~ · .... ~ ...... lf.e for her
($1,4gg.gg) per month b~-~A~---~'"~-':'~ .~vuL nun~rea ~ollars
....... = ---~t=,c ~glnnlng on the 1st day of
~epcemoer, 1987, payable not later than 5th day of each month, and
terminating upon the granting of a final decree of divorc
party shall pay alimon~ or ma~-- ........... e. Neither
.... _ ~ --~-a-ce co cne o~er thereafter. There
Will ~e no tugther liability for pa~ent upon the death -
s~use. Neither this provision or an~ other -r--~-' ~f.}he payee
a re ~ ~ ~vz510~ O~ ~
g ement shall, however_ ~reve,, ~ .......... ~e
ant oD~aln~n~ an~ o~ ~ ....... w Y rom seeklno
~ .... ~__ ~ ~ t~ ~v~ paten} or support, maintenance ~, ~
~i~;~ z.om a court Or core.tent )urisdiction at any-~ime i~'the
4. DEBTS: a. Past Debts: The wife agrees to assume and discharge
the following indebtedness of the parties incurred prior to the
date of this Agreement and to hold the husband harmless thereof:
CREDITOR
Hill Finance and
Savings
TOTAL DUE
MONTHLY PAYMENT
$501.~0
Residential Finance
Corporation 34,000.00 501.00
b. Past Debts: The husband agrees to assume and discharge the
following indeb=edness of the parties incurred prior to the date of
this Agreement and to hold the wife harmless thereof:
CREDITOR TOTAL DUE MONTHLY PAYMENT
CCNB Bank $10,500.00 $383.00
b. Future Indebtedness: Neither party will hereafter incur in
the name of the other any debt or obligation.
Each shall be solely
responsible for his or her own debts or obligations incurred from
this day forth, including medical and dental expenses, and shall hold
the other harmless thereof. Each party agrees to surrender to the
other at the time of execution of this Agreement any credit cards
issued in the name of the other party.
5. DIVISION OF PERSONAL PROPERTY: All items of personal property
shall be divided between the parties as provided herein.
Henceforth, each of the parties shall own, have and enjoy,
independently of any claim or right of the other, all items of his
or her separate personal property of every kind, nature and
descripti°~~res°ever situated, including insurance policies
3
and chooses in action, which are now owned or held by, or which may
hereafter belong to that individual, with full power to dispose of
the same as fully and effectually, in all respects and fo all
purposes, as if he or she ~ere unmarried, r
a. Personal Effects: Ali items of personal effects, such as
but not limited to clothing, ~ewelry, books, personal a
cameras, photographs, records ~-~ · ....... p pets,
hobb-- col .... -'- . ' 'Q~, ~u~age, sports e ui en
die-~---a _~ec_~_l_~ons, Vut not Including p~operty
-Tm~-~ vt pursuant to this Aureement-
;~:e~°~ ~[S:~ p~op~ty.of the ~nd~v~dual to vhom the items veze
. puzcnase~. Each patty he:eby su~endezs any
~nte:est he o~ she may have in any such p:opezty of the othe:.
b. Husband's Sepa:ate Personal P:ope:ty: The ~ife :eleases,
conveys, t~ansfe~s and assigns to the husband, as his sole and
sepa:ate personal p~o~:ty, absolutely and forever, all of his
~sonal p~o~:ty and effects and the 1986, t~o doo:, blue 316 B~
(The husband viii pay the ~ife a l~p s~ of ~5,eee.ee fo~ the Blue
B~) and the 23g ~hite, t~o doo~ 1966 He:cedes.
c. Wife's Sepa:ate Pe:sonal P~o~:ty: The husband :eleases,
conveys, t~ansfe~s, and assigns to the ~ife, as he~ sole and
sepa:ate ~sonal p:o~:ty, ~bsolutely and forever, all of he:
personal p~o~ty and effects and the g:andfathe: clock (make 1983,
n~be: 156), all Hu~el's (value $1g,ggg.eg), ~all unit, oil
painting, RCA television, stove, ~ashe: and d:ye:, f~eeze:s all
p~ope:ty in sto~age in Pennsylvania.
d. The parties ag:ee that they maintain sepe:ate checking and
savings accounts in their o~ n~e and that the monies cu::ently in
those accounts shall be the sole p:ope:ty of the account holde:.
6. DIVISION OF REAL PROPERTg: The pa:ties acknowledge that they o~n
o~ are pu:chasing the following real p:ope~ty: house on 13 Shi:ly
Lane, Boiling Sp~ings, Pennsylvania and a house at 2263 Count:y
Club, ~ood:idge, Illinios. This p:ope~ty shall become the sole and
separate p:o~:ty of the ~ife, and the husband zelinquishes any claim
thereto.
7. MILITARY RETIREMENT BENEFITS: Upon the husband's eventual
retirement from the military service, the wife shall be entitled to
receive monthly, as a property settlement, a portion of the husband's
net military retirement pension equal to one-half the total months
the marriag~ existed concurrently with the husband's military
service, divided by the total months of service upon which the
retirement benefits are based.
8. MILITAR~ PRIVILEGES: The husband will continue to sponsor the
wife and the children in order to keep them entitled to all military
4
privileges provided under U.S. Army, NATO-SOFA
Regulations as Ion- as -~ ......... , or USAREUR
- _ . = ,,,e wzze ann the children continue to qualify
as Dis ~lepenaents and for the benefits. In the event a final decree
of divorce or dissolution of marriage is entered as and between the
parties, the wife agrees to return to the husband · ·
p'iv//ege--cards in her ~ssession. .. all m~l~tary
9. TRANSPORTATION: The husband ~ill arrange for transportation of
the ~ife and the children and all their roe ·
military regulations to a ~lac- -- ~- - P- p ~t~ ~n a~cordance ~ith
. ~ = ~v ~ oes~gnat~ by the wife, ~ich
trans~rtat~on shall ~ at no ex,rise to her.
le. ATTORNEY. S* FEES: Each party agrees to pay his or her own
attorneys fees and court costs incurred as the result of an action
for divorce or dissolution of marriage institu '
against the other. If ~ ~ ...... _ teo by either part
· -~ ~-vmes necessar to Y
of th~s Agreement, the orevail4. ........ mY.. _enfo.r.ce the provisions
against the other of his or heg ~-~-- --: - _. ~ to 3udgment
~o~a ai~u ~easo~aDl~ attorney's fee.
11. TAX RETURN: The parties agree to file separate Federal Income
Tax Returns for each tax year they remain married.
12. CONSTRUCTION ~D EXECUTION CLAUSE: This Agreement contains the
entire understanding between the ~arties. No ' · · .
of any of the terms of this A-re .... , _~_,, ~ mod}f~cat}on or waiver
ngi. ~oth parties agree to prom~tlv execut .......
e: al~ doc~ents = = euu oel~ver-to the
necessary or desirable to carry fully into effect
the te~s and conditions of this Agreement. The failure of either
party to insist upon strict ~rformance of any of the provisions of
this agreement sba!! not be construed as a waiver of any subsequent
default of the same or similar nature. If any provision of this
Agreement is held to be invalid or unenforceable, all other
provisions sba!l, nevertheless, continue in full force and effect.
13. CHANGES OF ADDRESS: Each party will keep the other advised at
all times of any change in his or her respective address.
14. WIFE'S HAIDE~ NA~E: The wife may petition a court of competent
jurisdiction for return of her maiden ~ame.
~so~InR~I~i~:isI~ t~e. event an action for divorce or
- ~ ns:itut~ by either ~rty against the
other, the parties agree that they shal~ be
~=-,=,u :na: may be ran ' __ =.=~ ~n any oec:ee
g ted in any such action.
16. DISCLOSURE AND REPRESENTATION OF COUNSEL: Both parties warrant
they have made a fu~l faith disclosure to
.te=e.t the
earnings f:~ anv~nd ~ ..... = ~. P~u~:cY, ~nc~e and
..... ~ =-~ auu=ces, whether standing in their n~e or
otherwise, Both parties acknowledge the assistance of counsel in
that they were informed of their right to see
services of independent le-a' -- - k and utilize the
A reement ~ · ~ounse~ prior to n uti '
_g__..:__._ and_ consulted with counsel ~rior '- :._ag at.lng this
e~;_v.~_~.~ion, s o~ this &greement and their' le-a;Ue~-~s .exe.cutio.n. The
,~e~ ~nat they understand -~ ........ ' na each party
g. eat is faiz and eauitnhl, --~ ..... no that the
vozunta~ily, and that i~ i~-~'~ ~ ~ D~lng entered into
influence. ~?~ ~ne result o~ any duress or undue
17. LIMITED POKER OF ATTORNEY: The husband he
~ife_ _a.~L./mited_Power of Attorney and by thes~ __r_e_b_y_.grant.s unto the
~u-btz~u~es and appoints he- '-: .... = =_pt=~en=s makes,
~ 'J~ a==orney-in-Fact for the sole·
singular and exclusive purpose of executing in his name all
documents required to receive to herself delivery of such of the
household goods· and personal property as may be provided within this
agreement. No other power or authority is hereby created or vested
in the wife by the husband.
18. AGREEMENT TO HOLD HARMLESS: The husband and wife mutually
promise and convenant that neither party shall incur a debt or
obligation for which the other party may be held accountable in law
or equity. Neither the husband nor the wife will contract, borrow, or
accept goods or monies on the credit of the other, or
name ·
in the other's
and in the event that either party is called upon to pay debts
incurred by the other subsequent to this Agreement, he or she may pay
this debt and thereafter will be corn letel reimbursed and made whole
by the other party. P Y .
19. PRIOR AND SUBSEQUENT AGREEMENTS: The parties cancel, annul and
invalidate any and all prior property settlements made by them. All
modifications of this Agreement shall be of no effect unless
expressed in writing and signed by both parties.
20. ENFORCEMENT:' The wife agrees that she will not contact, either
directly or indirectly, the Armed Forces or the husband's Commanding
Officer with respect to the enforcement of this Agreement so long as
he complies with its PrOvisions.
21. BINDING EFFECT: All covenants, promises, stipulations,
agreements and Provisions contained herein shall apply to, bind and
be obligatory upon the heirs· executors, administrators, personal
representatives and assigns of the parties hereto. If any Provision
of this agreement is held to be invalid or unenforceable, all other
Provisions shall, nevertheless, continue in full force and effect.
22. EFFECT OF RECONCILIATION UPON THIS AGREEMENT: Both-parties
agree that if they reconcile or remarry each other, this Agreement
nevertheless shall continue in full force and effect unless and
until they both sign another agreement modifying, altezing or
terminating it.
23. WAGE ASSIGNMENT: Should either party default in any obligation
herein such that a 31~ day arrearage exists, a wage assignment order
~uaeY...be issued by .any apPropriate court or agency for the amount then
24. EXECUTION OF FURTHER DOCUMENTS: Each party will promptly and
completely sign, acknowledge and deliver, whenever requested by the
other in writing, any paper reasonably necessary to carzy out this
Agreement. If either party is in default for more than twenty days
in the obligation descr,ibed in the first sentence of this section,
then, after twenty days written notice to t
}.ud. ges, commissioners and de-ut- co.--' _,__.he al_el.suiting spouse, all
~ ~ --~ c~ezKs or the court in ~hich
~nls case is filed shall have full authorit as '
Instruments on behalf os ~A ~_~ ..... y ellsors to sign thos
-'~,'= u~o~l~lng party, e
IN WITNESS WHEREOF, I have at Mannheim, Federal Republic of Germany,
this 18th day of August, 1987, set m hand a
Agreement, consistinc ~ ~-~ .~. Y nd seal to this
preceding paoes her~=~-~-~--*~."~ _t~ typewritten pages, includi t
. ~ ~ ~=a~ln m Si n9 he
the s~gnatures of both partie~, y gnature, and an acknowledgment of
WITH THE UNITED STATES ARMED FORCES)
) ss ACKNOWLEDGMENT
iN EUROPE, APO NEW YORK 89086 )
I, the undersigned, do hereby certify that on this 18th day of
August, 1987, ~efore me personally appeared
signature appears above, known to me CHUN CHA SAVOY, whose
, . wh.o is. to be the identical
person whose name is subscr~bec above, and who signed and executed
the foregoing Separation Agreement; having first made known to her
the contents thereof, she personally acknowledged to me that she
signed and sealed the same, on the date '
ano voluntary act and deed, for it bears, as her true, free
the uses, purposes and considerations
therein set forth. I do further certify that I am at the date cf
this certificate a commissioned officer of the grade, branch of
service, and organization stated below, in the active service of the
United States, and organization stated below, in the active service
of the United States Armed Forces, that by statute no seal is
required on this certificate, and same is executed under authority of
1~ U.S.C. 936.
-SCOT? E o KASBEE
CP? · JA
°o
Assistant Staff Judge Advocate
IN WITNESS WHEREOF· ! have at Heidelberg, German
this _26thday of August · 1987· set my hand and seal
Agreement, consis~inQ of eioh~ -,n~ ....... to this
· - .~ - ,-,·.~ypewrAtten pages, including the
preceding pages hereof bearing my signature, and an a
of the signatures of both parties, cknowledgement
WITH THE UNITED STATES ARMED FORCES )
) ss ACKNOWLEDGMENT
IN EUROPE· APO NEW YORK ~X09403)
I, the undersigned, do hereby certify that on this 26th day of
August 1987, before me personally appeared KEVIN' P. SAVOY, whose
signature appears above, who is known to me to be the identical
person whose name is subscribed above· and who signed and executed
the foregoing Separation Agreement; having first made known to him
the contents thereof, he personally acknowledged to me
a_n.d s.ealed the same, on the date it bears as h=- ~- th_at he s_igned
, z-- =rue, ~ree and
voluntary act and deed, for the uses· purposes and cons'
therein set forth. I do fu ........... lderations
· . . z~ne~ certify t~at I am at
· ~, anG organization stated ~,~-- :- ~ ~ . . ' ~°"~" ~
United States -=~u,, xn ~ne active service of the
Armed Forces, that_~ statute no seal is required on
this certificate, and same i~ec~,~ed under authori
936. / --~, /._~ ty of 10 U.S.C..
sl..ant Sta~ ~udge Advocate
Ass;star-t Judge Advocg.~e
T~ie 10, US Code 936 (a~
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer was
served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & OTTO
Thbmas J. ~/lliams, Esquire
Ten East ~Figh Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: June 13, 1991
V--ERIFICATION
The foregoing Answer is based upon information which has been
gathered by my COunsel in the preparation of the lawsuit. The
language of the document is that of counsel and not my own. I have
read the Answer and to the extent that the document is based upon
information which I have given to my counsel, it is true and
correct to the best of my knowledge, information and belief. To
the extent that the content of the document is that of counsel, I
have relied upon counsel in making this verification.
This statement and verification are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, which provides that if I make
knowingly false averments, I may be subject to criminal penalties.
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
, l0 ~ o~ 1992 after review
AND NOW this day , ,
hereto
of the Petition attached Y4iled by Defendant in the above
captioned action, the Court hereby enters an Order Absolute upon
Plaintiff-Respondent requiring Plaintiff-Respondent to comply with
the Agreement dated August 26, 1987 and, in addition, reimburse
Defendant-Petitioner for her costs and reasonable attorney's fees
to enforce the provisions of said Agreement. Service of this Order
shall be made on Plaintiff-Respondent through his attorney, James
J. Kayer, Esquire, by regular mail.
, J.
KEVIN P. SAVOY,
Plaintiff
Ve
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
PETITION FOR ORDER ABSOLUTE
1. Petitioner is Defendant Chun Cha Savoy.
2. On or about December 2, 1991, Petitioner filed a Petition
to enforce a Settlement Agreement.
3. On said date the Court, per Judge Hoffer, entered a Rule
upon Plaintiff through his attorney, James J. Kayer, Esquire, to
show cause why Plaintiff should not be ordered to comply with the
provisions of the Agreement dated August 26, 1987 which was
attached to the Answer of Defendant. A copy of said Order is
attached hereto as Exhibit "A".
4. Said Petition and Order were served upon Attorney Kayer by
regular mail.
5. On or about March 25, 1992, counsel for Petitioner-
Defendant advised Attorney Kayer that he intended to request the
Court to enter an Order requiring the Plaintiff to comply with the
provisions of the Agreement dated August 26, 1987. See letter of
March 25, 1992 attached hereto as Exhibit "B"
6. By letter dated March 31, 1992, Attorney Kayer
acknowledged that he had received the letter of March 25, 1992 from
counsel for the Defendant-Petitioner. See Exhibit "C" attached
hereto.
7. As of this date, Plaintiff-Respondent has not shown cause
why Plaintiff should not be ordered to comply with the provisions
of the Agreement .dated August 26, 1987.
WHEREFORE, Defendant-Petitioner requests your Honorable Court
to enter an Order Absolute requiring Plaintiff-Respondent to comply
with the Agreement dated August 26, 1987 and reimburse Defendant-
Petitioner for her costs and reasonable attorney's fees to enforce
the provisions of said Agreement.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
Daniel K. Dear~orff, Es~e
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant-Petitioner
Date: April 16, 1992
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
AND NOW, this
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
ORDER
day of 0~~
, 1991, after
review of the Petition attached hereto filed by Defendant in the
above captioned action, the Court hereby issues a Rule upon
Plaintiff and his attorney, James J. Kayer, Esquire, to show cause
why Plaintiff should not be ordered to comply with the provisions
of the Agreement dated August 26, 1987 and attached to the Answer
to Defendant.
Rule returnable in ~0 days. Service of this Order on
Plaintiff-Respondent shall be upon his attorney James J. Kayer,
Esquire by regular mail.
BY THE COURT,
TRUE FROM RECORD
I~ Te~imon'y wttereot, I here uflto,Jet mY ~
Exhibit "A"
'~/ILLIAM ]:. ]ViARTSON
DAI~IF,.L I(.. D£AI~DORFF
THOMAS ,1. '~/ILLIAMS
Ivo V. O'rro,
STEPHEN L. BLOOM
C, EORGE: B. ~:~LLER.,
SCOTT A. I:R. EEL~ND
B~DLEY 1. VANCE
ATTOR.lqEY5 A.IqD COUNSELLORS AT LAw
TEN EAST HIC, H STREET
CARLISLE, PENNS'YLVANI^ 17013
March 25, 1992
T~. LE PH ON £
(717) 1~43-3341
[:^CSIMILF
(?17} 243-1850
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
RE'
Savoy v. Savoy
Our File No. 7193.1
Dear Jim:
I still have not yet received any documentation from you
indicating the financial status of your client. This will also
advise you that I will be requesting the court to enter an order
requiring your client to comply with the provisions of the
Agreement dated August 26, 1987. Please call me if you have any
questions.
Very truly yours,
DKD/las
Daniel K. Deardorff
cc: Mrs. Chun Cha Savoy
Exhibit "B"
ARTHUR T. McDERMOTT & ASSOCIATES
A Professional Co~'l×sration
Attorneys and Counsellors-at-Law
Fifty East High Street
P. O. Box 246
Carlisle, Pennsylvania 17013-0246
(717) 243-7807
Arthur T. McDermott*
James J. Kayer
Patricia R. Brown**
John L. Perry
*Admitted to practice in Pennsylvania
and the District of Columbia
**Admitted to practice in Pennsylvania
and Georgia
Telefax 243-9766
Of Counsel
Richard A. Burr, Esquire
March 31, 1992
Daniel K. Deardorff,
10 East High Street
Carlisle, PA 17013
Esquire
Savoy v. Savoy
Dear Dan:
Thank you for your March 25, 1992 letter. I am still
awaiting the documentation from my client regarding his
financial status. I have forwarded your latest
correspondence to him as well.
Very truly yours,
ARTHUR T. MCDERMOTT
layer
& ASSOCIATES
JJK/ss
Exhibit "C"
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition was
served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & OTTO
BYDani~e'l K~- Deard~r~%/
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant-Petitioner
Dated: April 16, 1992
?~93.aff kew
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 1603 CIVIL 1991
:
: IN DIVORCE
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
COUNTER-AFFIDAVIT UNDER SECTION 3301(D)
OF THE DIVORCE CODE
1. I oppose the entry of a divorce decree because the
marriage may not be irretrievably broken.
2. I also have made a claim for economic relief which
includes alimony, division of property, lawyers' fees and costs and
other important rights.
3. The Court by Order dated April 16, 1992, has ordered
Plaintiff to Comply with an Agreement dated August 26, 1987, but to
date Plaintiff has not complied.
4. I believe that all the issues stated above should be
heard and decided before any divorce is granted. Otherwise,
Defendant's rights will not be protected or enforced.
WHEREFORE, Defendant requests that this divorce not be
bifurcated and that a divorce not be granted.
C~un Ch'~ ~avoy ~
Sworn to and subscribed before me
this 27 ~
day of ~?~'l , 199A.
Nota~yPubli~
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Counter-
Affidavit Under Section 3301(D) of the Divorce Code was served this
date by depositing same in the Post Office at Carlisle, PA, first
class mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & OTTO
Dated:
April 29, 1992
~anie± K. Deardorff, Esqu~e
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
7193.obj ke~
KEVIN P. SAVOY,
Plaintiff
Ve
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
PRELIMINARY OBJECTIONS
TO AMENDED COMPLAINT IN DIVORCE
AND NOW, comes the Defendant, Chun Cha Savoy, through her
attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and avers as
follows:
1.
On or about April 21, 1992, Plaintiff filed an Amended
Complaint in divorce.
2. Plaintiff never obtained the consent of the Defendant or
leave of Court to file an Amended Complaint. This is required
pursuant to Pa. R.C.P. No. 1033.
WHEREFORE, Defendant requests that the Amended Complaint in
Divorce be stricken as not being in compliance with the Rules of
Civil Procedure.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
Dani~ K. Deardorff, Esqui~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Date: April 29, 1992
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Preliminary
Objections to Amended Complaint in Divorce was served this date by
depositing same in the Post Office at Carlisle, PA, first class
mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
Dated: April 29, 1992
MARTSON, DEARDORFF, WILLIAMS & OTTO
Daniel K. Deardorff, Esqu~z~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
KEVIN p. SAVOY,
Plaintiff
Vo
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
ORDER
AND NOW, this 2_~3 <''day of ~ 1992, after review of the Petition to Find
Plaintiff, Kevin p. Savoy, in Contempt of Court, the Court hereby schedules a hearing on said
Petition for the ~ ~day ~
of , 1992 at ~; 30 o'clock in Courtroom No. ~
of the new courthouse on the square in Carlisle, Pennsylvania.
Service of this Order on Plaintiff-Respondent, Kevin p. Savoy, shall be upon his
attorney, James J. Kayer, Esquire, by regular mail.
BY THE COURT,
Jo
7193-b.pet/las
KEV-IN p. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTy, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
IN CONTEMPT OF COURT
1. Petitioner is Defendant, Chun Cha Savoy·
2. On or about December 2, 1991, Defendant fried a Petition to enforce a settlement
agreement.
3. On said date, the Court, per Judge Hoffer, entered a Rule upon Plaintiff to show
cause why Plaintiff should not be ordered to comply with the provisions of the Agreement dated
August 26, 1987, which had been attached to said Petition· The Petition of Defendant to
Enforce Settlement Agreement is attached hereto as Exhibit "A".
4. Plaintiff never fried any answer or gave any cause why said Petition should not
be granted.
5. On or about April 16, 1992, the Court entered an Order Absolute upon Plaintiff-
Respondent requiring him to comply with the Agreement dated August 26, 1987 and, in
addition, reimburse Defendant for her costs and reasonable attorney's fees to enforce the
provisions of said Agreement. The Order of April 16, 1992 is attached hereto as Exhibit "B"
6. On or about Apri/21, 1992, counsel for Petitioner-Defendant forwarded a copy
of the Order dated April 16, 1992 to counsel for the Plaintiff, Kevin p. Savoy· In this letter,
counsel for the Defendant advised counsel for the Plaintiff that if the Plaintiff, Kevin p. Savoy,
did not comply with the Agreement within thirty 00) days, he would be forced to Erie a petition
to f'md him in contempt of court. A copy of said letter dated April 21, 1992 is attached hereto
as Exhibit "C".
7. As of May 22, 1992, Plaintiff, Kevin p. Savoy, has not complied with the Order of
April 16, 1992 and has not complied with the Agreement dated August 26, 1987·
WHEREFORE, Defendant-Petitioner hereby requests Your Honorable Court to schedule
a hearing to determine whether Plaintiff, Kevin p. Savoy is in contempt of the Order of April
16, 1992 and to impose sanctions upon Plaintiff, Kevin p. Savoy, in the event he is determined
to be in contempt of court.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
Date: May g~', 1992
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
V~CATION
The foregoing Petition of Defendant to Find the Plaintiff, Kevin p. Savoy, in Contempt of
Cour~ is based upon information which has been gathered by my counsel in the preparation of
the lawsuit. The language of the document is that of counsel and not my own. I have read the
document and to the extent that it is based upon information which I have given to my counsel,
it is true and correct to the best of my knowledge, information and belief. To the extent that
the content of the document is that of counsel, I have relied upon counsel in malting this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
. 7193.pet/bes
KEVIN P. SAVOY,
Plaintiff
V®
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
ORDER
AND NOW, this L~day of O~4::~(,'~e ~ , 1991, after
review of the Petition attached hereto filed by Defendant in the
above captioned action, the Court hereby issues a Rule upon
Plaintiff and his attorney, James J. Kayer, Esquire, to show cause
why Plaintiff should not be ordered to comply with the provisions
of the Agreement dated August 26, 1987 and attached to the Answer
to Defendant.
Rule returnable in ~O days. Service of this Order on
Plaintiff-Respondent shall be upon his attorney James J. Kayer,
Esquire by regular mail.
BY THE COURT,
TRUE COPY FROM RECORD
In TesUmony whereo{, 1 here unto set my I~m~d
KEVIN P. SAVOY,
Plaintiff
Ve
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
PETITION OF DEFENDANT TO ENFORCE SETTLEMENT AGREEMENT
1. Petitioner is Defendant Chun Cha Savoy.
2. On or about May 8, 1991, Plaintiff-Respondent filed a
Complaint in Divorce in the above captioned action.
3. On or about June 13, 1991, Defendant filed an Answer
requesting alimony, support, alimony pendente lite, counsel fees,
etc. Defendant also, in paragraph 15, requested enforcement of an
Agreement entered into by the parties on August 26, 1987. Said
Agreement was attached to the Answer as Exhibit "A" and is attached
hereto.
4. Said Agreement provides, among other things, that
Plaintiff-Respondent shall pay to Defendant support in the amount
of $1,400.00 per month which shall terminate upon the granting of
a final decree of divorce. Said Agreement also provides, in
paragraph 6, that certain real estate shall become the sole and
separate property of the Wife. Said Agreement also provides, in
paragraph 7, that the Wife shall be entitled to certain military
retirement benefits upon Plaintiff-Respondent's retirement from the
military service. Said Agreement also provides, in paragraph 10,
that if it becomes necessary to enforce the provisions of this
Agreement, the prevailing party shall be entitled to her costs and
reasonable attorney's fees. Said Agreement further provides, in
paragraph 15, that in the event an action for divorce is instituted
by either party, the parties sba1! be bound by all terms of this
Agreement.
5. On or about August 1, 1989, Plaintiff-Respondent stopped
paying the support of $1,400.00 required by the Agreement.
Plaintiff has refused to transfer the real estate to Defendant.
Furthermore, Plaintiff has not provided to Defendant the military
retirement benefits agreed upon.
6. The Agreement clearly provides, in paragraph 15, that the
parties shall be bound by all terms of this Agreement in the event
an action for divorce is instituted which has occurred when
Plaintiff-Respondent filed an action in divorce on May 8, 1991.
7. Defendant-Petitioner has incurred substantial attorney's
fees in attempting to enforce this Agreement.
WHEREFORE, Defendant-Petitioner hereby requests your Honorable
Court to order Plaintiff-Respondent to comply with the Agreement
dated August 26, 1987 and reimburse Defendant-Petitioner for her
costs and reasonable attorney's fees to enforce the provisions of
said Agreement.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
Daniel K. Deardorff, Esq6~e
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: Attorneys for Defendant
VERIFICATION
The foregoing Petition is based upon information which has
been gathered by my counsel in the preparation of the lawsuit. The
language of the document is that of counsel and not my own. I have
read the Petition and to the extent that the document is based upon
information which I have given to my counsel, it is true and
correct to the best of my knowledge, information and belief. To
the extent that the content of the document is that of counsel, I
have relied upon counsel in making this verification.
This statement and verification
penalties of 18 Pa. C.S. Section
falsification to authorities, which
are made subject to the
4904 relating to unsworn
provides that if I make
knowingly false averments, I may be subject to criminal penalties.
Chun Cha SaVoy ~ ~ ~
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition was
served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & OTTO
Dated:
Daniel K. Deardorff, Es~6ire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
FOR SEPARATION AND DIVISION OF PROPERTY CHILD CUSTODY AND
SUPPORT
?his Agreement, made this 26t~ day of Au£ust lgS?. between
KEVIN P. SAVOY (SSN: ell-4e-4122), heze~naftez zeferzed to as the
~husband,~ and CHUN CHA SAVOY, hezeinaftez zefezzed to as the mwjfe.-
WITNESSETH:
WHEREAS, the parties were married on the lgth day of August 29?6, at
Honolulu, Hawaii, and are now husband and wife; and '
WHEREAS, no children have been born to the parties as issue of the
marriage and the wife is not pregnant, however, the wife has two
children by a previous marriage.
WHEREAS, differences have arisen between them, and relation
,ve bee, of
para,ion o~ the parties a matter o
~el~are an~ happiness of both, on account of --~-~ ~- ,ealth,
~eslrous oi separating and are now living' -,,-~- cney are
separate and apart, and
inten~ to live separate and apart from each other for the rest of
their natural lives; and
WHEREAS, it is the desire of both parties to avoid litigation with
respect to their respective rights in their marriage, and to settle
and determine the property rights and all other rights now existing
between them by reason of said marriage, other than any causes of
action existin-9 in favor of either party against the other for a
divorce or ~issolution of marriage;
NOW THEREFORE, both parties, for and in consideration of the mutual
promises herein made and set forth and of the acts performed and to
be performed by each signatory hereto, do covenant and agree as
fol lows:
1. SEPARATION OF THE PARTIES: The parties may and shall at all
times hereafter live and continue to live separate and apart from
each other for the rest of their natural lives. Each -~--~ - ....
.fr?m any interference, harassment, auth;rit .... ~ _ o,..o~_ ~e zree
~ncirect, by the other. ~ ~u control, direct or
2. LIFE INSURANCE: The wife aarees to carry and main ' '
insurance upon her life in the ~m~--+ ~ c~ ..... t_aln life
children or a ~uardian o- ~ ...... -_'-~'_'_~ ~_¥.~,~.~.~ with her minor
= ~ ---~=e zu~ ~ne oene~it of th~ said
children irrevocable designated primary beneficiary t;-the life
insurance benefits. The ~l~.e~ Life Insurance policies for the
2
wife's children currently being paid by husband viii be taken over
and paid by wife.
3. SUPPOR? OF THE WIFE: The husband shall pay to the wife for her
support &nd maintenance one thousand end four hundred dollars
(;l,4eo,e0) per month by allotment beginning on the 1st day of
September, 1987, payable not later than 5th day of each month, and
terminating upon the gzantin9 of a final decree of divorce. ~e'
P~}y. shall_~y alimony az maintenance to the ~- -- ...... ~t~r
' ' ' ~.e payee
~u~e. Neither this provision or any o~her provision of the
agreemen~ shall, ho~ever, prevent either par~y here~o from se '
--~ z~m a cour~ or core. tent }uris~iction at any time in
f~t~, =
4. DEBTS: a. Past Debts: The wife agrees to assume and discharge
the following indebtedness of the parties incurred prior to the
date of this Agreement and to hold the husband harmless thereof:
CRED I TOR
Hill Finance and
Savings
Residential Finance
Corporation
TOTAL DOE
MONTHLY PAYMENT
$38,eee.ee
$5el.e9
34,gee.e9 5el.e9
b. Past Debts: The husband agrees to assume and '
· ~ .' - = discharge the
-o_lowing lnde-tedness of the parties incurred prior to zhe date of
this Agreement and to hold the wife harmless thereof:
CREDITOR TOTAL DUE MONTHLY PAYMENT
CCNB Bank $19,5e0.99 $383.90
b. Future Indebtedness: Neither party will hereafter incur in
the name of the other any debt or obligation. Each shall be solely
responsible for his or her own debts or obligations incurred from
this day' forth, including medical and dental expenses an'
the other harmless thereo~. Each---~ ......... ' .o shall hold
other .... ; - ' ~.~.v ~j~e~ to surrenoer to the
at the t_me or execution of this Agreement any credit cards
issued in the name of the other party.
5. DIVISION OF PERSONAL PROPERTY: Ail items of personal property
shall be divided between the parties as provided herein.
Henceforth, each of the parties shall own, have and enjoy,
independentl~ of any claim or right of the other, all items of his
or her separate personal property of every kind, nature and
descriptio~~resoever situated, including insurance policies
.3
snd chooses in Iction, which ~ze nob. owned oz held by, oz which may
hereafter belong to that individual, with full power to dispose of
the same Is full~, &nd effectually, in sll respects &nd for all
purposes, as if be oz she ueze unmazried.
b a. Personal Effects: All iten[s of personal effects, such as
ut not limited to clothing, jewelry, books, persona! papers,
cameras, photographs, records, tapes, luggage, sports equipment,
hobby collections, but not including pzo~zt~ othezvise s cafaca
dispos~ of ursuant .~ ' ' 11~
._~ __,_ _ _P . to this ~gree~ent~ shall ~come th~ ~~
~u ~ ~SO~ ~ZO~Zt~ Of ~- ~--~--~ .... -' ...... ~
~CL~b~ ~ UZ s~e ~ have ]~ any such ~zopezty of the othez~
~. ~usban~'~ ~epazate ~ezEona~ Property: The v~fe ze~ease~,
conveys, transfers and assigns to the husband, as h~s sole a
serrate pezsona~ proart= absoTM...... nd
. ~ j, ~v~=z~ un= zozever~ a~l of his
~zsona~ pro~zty and effects and the 1986, two door, blue 3 ,
(The husband viii ha~ the v~- - ~ ........ ~6 B~
BMN' a-~ ..... ~'~ - '~=" '~ s= o~ ~,g~.e~ for the B~
] - =ne z=~ vn]te, two ooor ]966 Hezcedes. ue
c. Wife's Separate Personal Property: The husband releases,
conveys, transfers, and assigns to the wife, as her sole and
sepazate personal property, absolutely and forever, all of her
personal property and effects and the grandfather clock (make 1983,
number 156), all Hum~el's (value $1O,~Og.Og), wall unit, oil
paintin9~ R~ television~ stove, uasher and dryer~ freezers, all
property in storage in Pennsylvania.
d. The ~rties agree that they maintain separate cheekin~
~vin~s accounts in their o~ n~e and that the monies currently in
thOSe accounts shall be the sole property of the account holder.
6. DIVISIOE OF REAL PROPERTY: The parties acknowledc_e that they own
or are puzchasing the following real propezty: house-on 1 ' '
~L,a.n_.e, .B.o~l.l.~_ Springs, Pennsylvania and a house a* '---~__3__.Shiriy
~UD, wOOClrl~ge, Illinios. This property shall become the sole and
separate property of the wife, and the husband relinguishes an~ claim
thereto.
7. NILITARY mrTiRENENT BENEFITS: Upon the husband's even
reti.rement fro~ the military service, the wife sh-~- -- t.u.a.1. . .
ze~el~.~on~ly,.as a probity settlement_ , ,~,.~iI ~ ~c~e~ t?
· etirement ~efit~ are ba::~.'°nthS of service upon which the
8. fIILITAR! PRIVILEGES: The husband will continue to sponsor the
wife and the children in order to keep them entitled to all military
.4
Privileges provided under U.S. Army, NATO-S.O£A cz USAREUR
Itegul. ations as long as the wife and the ch31dz~n co ·
as hxs de nde . nt~nue to ua2'
· pe ri.ts ~ for the benefxts. In the · q ~fY
of dzvo~ce cz dzsSo2utton · .... · ...... event I rrna2 dec~ee
. O. ---~a~e aS entez~ as and ~t~een the
parties, the vale agrees to return to the husband ell
PriVate--cards In her ~ssession. '
9. TRANSPORTATION: The husband will arrange for transportation of
the wife and the children and el~ their pro
militar re ' P ~ in accozdanc ·
~ gulet~ons to · 2ace o · . e
trans~ztetion sba ~ .,P~_ __.~ ~ des~gnet~ by the v3fe, 3~ ~ u~ ,,~ ~x~nse to her.
la: A?TORN_E¥S' FEES: Each party agrees to pay his or her o~n
attorneys iees and court costs incurred es the resu2t of an action
for divorce or dissolution of marriage instituted by either
against the other. If it becomes necessary to enfo ·
of this Agreement, the nzevailin- ~---.. -~-.- -- ~e the pzov~s2ons
' [ ~ ~'~ b-eA~
11. ~AX RETURN: The parties agree to file separate Fedeza~ Income
· ax Returns for each tax year the~ remain marz~e~.
12. CONSTRUCTION AND EXECUTION CLAUSE: This Agreement contains the
entire understanding between the parties. No modification cz waiver
of any of the terms of this Agreement shall be vali ..
~.r.iting:. B_oth parties agree to nrom~tlv----..,---~ .un.l.ess -ade in
ocher all c~ocuments necessa .... 'L ~. .~.,-,,~,..,,,.c a,o oellver-to the
:~ oz oes2raoie to carry fully into effect
the terms and conditions of this Agreement. The f '
.p.a_r._ty to ~ns~st upon strict Performance of ..... . _a.~lure of e2ther
~n~s agreement sha~ n** ~ ......... --,y. u~ ~n_e provisions of
-- ~- ~ cuu~c:ueo as a wa3ver ot any subseguent
default of the same or similar nature. If any provision of this
Agreement is hel~ to be invalid or unenforceab
provisions sh-!~ ............ le, all other
° -, ,,~vcxcnexess, continue in full force and effect.
13. CHANGES OF ~DDRESS: Each party rill keep the other advised at
all times of any change in his or her respective address.
14. WIFr.'S KAI~£N HAKE: The vile may petition a court of competent
jurisdiction for return of her maiden name.
· ~so-'ut~on o. marriage ~s instituted b either -
other, the parties a~ree fha' ~ - -~ - - ~rty ~gainst the
- . = ~ cney snail be bound by all terms of
this ~gzeemeat; this Agzeement shall be mezged in any deczee oz
judgement that ~ay be gzanted in any such action.
16. DISCLOS~E AND REPRESENTATION OF COUNSEL: Both pazties vazzant
they have ma~ a ~ull faith disclosuze to the othez of the existence
of all of thei~ intezest in any and all pzo~zty, inc~e and
earnin>~~nfl ,11 sources, --berber standing in their n~e or
·
otherwise. Both patties acknowled9e the assistance of counsel in
thst they were informed of their right to seek aad utilize the
services of independent legal counsel prior to n~ott~t~n9 this
~gree~nt ~nd consulted v~th counsel p~to~ to its e~ecution.
p~ovis~ons of this ~9reement ~nd th~ ~---~ -,- ......
espl~lned to the parties-b~ thel~ ~e~tive counse]~ and each p~rt~
acknov]~ges that the~ understand these effects and tha~ the
· greement is fair and equitable, and it is ~jn9 entered
volun~a~il~ and that it Is no~ the ~esult of ~n~ duress or undue
influence. . ·
17. LIMITED PO~ER OF ATTORNEY: ~he husban~ hereby gran~s unto
~_~_L~mit~.Pover of A~orney and by these presents m~t~ the
constitutes an, no..Jars her hie z.+ ..... · -- . - -" .....·
sznguzar aaa excxusive ouroose of ev~o..+~-~ ,- ~:- -
to to ?"- -
househoI8 go.es, and pezsonaI Probity as may be pr.vide8 ~ithin this
agreement, eo othe~ ~ez o~ authority is hereby created o~ veste~
in the rife by the husband.
18. AGREEMENT TO HOLD HARMLESS: The husband and wife mutually
promise and convenant that neither party shall incur a debt or
obligation for which the other party may be held accountable in law
oz equity. Neithez the husband nor the wife will contract, borrow, or
accept goods or monies on the credit of the other, or in the other's
name, and in the event that either party is called upon to pay debts
incurred by the other subsequent to this Agreement, he or she
19. PRIOR AND SUBSEQUENT AGREEMENTS: The perties cancel, annul and
invalidate any and all prior property settlements made by them. Ail
modifications of this Agreement shall be of no effect cnless
expressed in writing and signe~ by both parties.
2.g. ENFORCF~ENT:' The wife agrees that she will not conta . ' .
directly or indirectly, the Arm~a e .......... . c_t_ elthe.
Off~ce~ w~th zes~ct to the --' .......... nc s Co~andzng
r- =,, *v ~cemen: or tn~s Agreement so long as
he complies ~ith ~ts provisions.
21. BINDING EFFECT: All covenants, promises, sti ulatlon
agreements and provisions c~-+--i-~ ~-~-: ..... P . ' s,
of'e'
1~O or unenzorceab~e a
provisions shall, nevertheless_ ~.~+4 .... =_ . ..... , 11 other
22. EFFECT OF RECONCILIATION UPON THIS AGREEMENT: Both-parties
agree that if they reconcile or r~arry each other, this Agreement
ntinue ~n full force and effect un]ess and
until they both sign another agreement modifying, altering cz
terminating it.
73..MAGE ASSIGNPSEN?: Should either B-Et--d--r--...~ : .....
r- ,;--.ou~ ~n any o~zgation
nerezn such that a 38 day arrearage exists, a wage assi ~ent
be issued b * 9 order
du~. ~ .an~ appzopzzate court or agency for the amount then
24. EXECUTION OF FURTHER DOCUMENTS: Each party will promptly and
completely sign, acknowledge and deliver, whenever requested by the
other in writing, any paper reasonably necessary to carry out this
Agreement. If either party is in default for more than twenty days
in the obligation described in the fizst sentence of this section.
then, after twenty days' written notice to the defaultin s o '
judges, commissioners and deputy court-~--~-_t L~ g. P us_e, all
~nls case is fi . . n ~hich
_. ..... .le_d ?h_a11_ have_full authority as ellsozs to si n
znacxuments on I>eha~ o~ the defaulting party, g those
IN.WITNESS WHEREOF, ! have at l~annheim, Federal Republic of
~t_h_x_s_lS__t~h day of .August: ~$?, set my hand and seal tO th'-~ Germany,
f~VL~emenc, consisting of eieht i~ , ....... : ...... _/_.
-- ~ ,-, -;~w~i~ten pages, l~Clu~'
pzeceol~g pages hereof beagi~o m~ si---- ........ ln9 the
the sig,atu~es of both partie~. = ~..=~u~e, anu an acknowledgment of
WITH THE UNITED STATES ARHED FORCES)
) ss ACKNOWLEDGMENT
iN EUROPE, APO NEW YORK ~9~86 )
I, the undersianed, do hereby certify that on this 18th day of
August,' 1987, ~efoze me personally appeared CHUN CHA SAVOY,. whose
signature appears above, who is known to me to be the identical
person whose .name is subscribed ab.ove, and who signed and executed
the foregoing Separation Agreement, having first made known to her
the contents thereof, she personally acknowledged to me that she
signed and sealed the same, on the date it bears, as her true, free
and voluntary act and deed, for the uses, puz oses and ·
=herein set forth. I d ~,,.,k .......... P considerations
· . . o ---~,.=~ ~:elclzy that ! am at t ~
this certificate a ~4~4___-- ..... he date c_
serv'-~ -~ ..... :co..._..,_..,_~o,~...~.~ o~r_~cer or the grade, bran
....I-.-_, ...~ ~-9~_,zat~o.n sra.,ed below, in the active ,erv~hce°If the
unlteo States, anti organization stated below, in the active service
of the United States Armed Forces, that by statute no se
required on this certifi~ __: _ . al is
le U.S.C. 936. . ...... , ~.u aame is executed under authority of
'~¢OT? E. KASBEE
CPT · OA
*.
Assistant Staff Judge Advocate
WITH THE UNITED STATES ARMED FORCES
IN WITNESS WHEREOF, ! have at Seidelbers. German~
this . 26thday of Auf~ust , 19]i'?, set my hand end seal to this -
Agreement· consisting of eight (8), typewritten pages, including the
p~eceding pages hereof ~arin9 my signature~ and an acknowled emen
of the signatures of bo~h parties. 9
) ss ACKNOWLEDGMENT
IN EUROPE, APO NEW YORK ~X09403
I· the undersigned· do hereby certify that on this 26th day of
Au$ust 1987, before me personally appeared KEVIN' p. SAVOY whos
signature appears above_ who is kno~ * ..... ~ ...... · . e
person whose name is ~.-~---==-~ -~-'" ~ T= ?~ D~ ~ne loen~ical
the foregoing Separation Aoreement-hav~- ~= ......... ed
~ ' '"~ ~'~ Taae Kno~ to nlm
the contents thereof, he personally acknowledged ,o me that he signed
and seale~ the same, on the date it ~azs, as his true, fzee and
voluntary act anti deed, fo~ the uses, purposes and considerations
therein set forth. I do further certify that I am at the date of
this certificate a commissioned officer of the gzade, branch of
service, and organization stated ~low, in the active service of
Un{ted States A~ed Forces, tha~ ~ sta+..+ ...... , ~ . the
thxs certificate, an~ same unOez authozitv of lQ
936. ~. ~ _ U.S.C.-
~-.ant Stair 3uflge Aflvocat~
As ta t Judge
T le 10, US Code 936
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer was
served this date by depositing same in the Post Office at Carlisle,
PA, first class mall, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & OTTO
Thbmas J. ~/lliams, Esquire
Ten East ~fgh Street---
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: June 13, 1991
VERIFICATION
The foregoing Answer is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The
language of the document is that of counsel and not my own. ! have
read the Answer and to the extent that the document is based upon
information which ! have given to my counsel, it is true and
correct to the best of my knowledge, info~,ation and belief. To
the extent that the content of the document is that of counsel, !
have relied upon counsel in making this verification.
This statement and verification are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, which provides that if I make
knowingly false averments, I may be subject to criminal penalties.
Chh~f[ Ch~-'S~'6-y - ~[~---
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
pRDER
AND NOW, this {~44~ day of ~ , 1992, after review
of the Petition attached-hereto filed by Defendant in the above
captioned action, the Court hereby enters an Order Absolute upon
Plaintiff-Respondent requiring Plaintiff-Respondent to comply with
the Agreement dated August 26, 1987 and, in addition, reimburse
Defendant-Petitioner for her costs and reasonable attorney's fees
to enforce the provisions of saidAgreement. Service of this Order
shall be made on Plaintiff-Respondent through his attorney, James
J. Kayer, Esquire, by regular mail.
BY THE COURT,
TRUE COPY FROM RECORD
,~rld~ whel'oof. I here umo. my hLiid
o~ ,~Jd c,~.,:t at Carlts~, ~.
ATTORNEY~ AND COUNSELLOKS AT LAW
TEN E,*,s'r
CARLISLE, PENNSYLVANIA 17013
/~rll 21, 1992
T~.LEFt.IONE
(7~) 243-3341
FACSIMILE
(?l?J 243-1850
James 3. Kayer, Esquire
Arthur T. McDe~,ott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
RE:
Kevin P. Savoy v. Chun Cha Savoy
Our File No. 7193.1
Dear Jim:
Enclosed please find a copy of the Order dated April 16, 1992
from Judge Holler ordering your client to comply with the Agreement
dated August 26, 1987. It also requires your client to reimburse
us for costs and attorneys' fees to enforce the provisions of said
Agreement. ! enclose our statement in the amount of $275.00 for
the costs to prepare and present the Petition to enforce the
Agreement, consultations with my client regarding the Agreement,
and correspondence with you regarding the Agreement.
We would also ask that your client promptly reimburse Mrs.
Savoy the balance due on the support provision set forth in
paragraph 3 of the Agreement.
We also ask that your client take care of preparing the
appropriate documents so Mrs. Savoy can obtain the military
retirement benefits to which she is entitled pursuant to paragraph
? of the Agreement.
If your client does not comply with the Agreement within
thirty (30) days, we will be forced to file a petition to find him
in contempt based on the Order requiring him to comply with the
Agreement. Please call me if you have any questions.
Very truly yours,
DKD/kew
Enclosures
cc: Mrs. Chun Cha Savoy
Daniel K. Deardorff
KEVZN P. SAVOY,
Plaintiff
VS
CHUN CHA SAVOY,
Defendant
iN THE CO[JRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO i603 C!VT~
' ~L 1991
IN DIVORCE
!E_ R_B~..'___C_CN T_EB_P T
AND NOW, July 8, 1992, !I'00 a.m.j after hearing and
consideration of the testimony presented, by way of stipulated
facts, and the arguments of counsel, we do find the plaintiff,
Kevin P. Savoy, to be in contempt of court.
Having found the defendant to be in contempt of court,
we impose the sanction upon the plaintiff to be that he proceed
no further with his divorce proceedings, by way of obtaining o
divorce decree against Chun Cha Savoy, untit he has purged
himself of his contempt. In particular, we find that the
plaintiff has bilaterally decreased a $1400 a month Payment to
Chun Cha Savoy to the sum of aPproximately $765,00 per month,
and that the plaintiff has not properly deeded Chun Cha Savoy
certain real estate as he agreed to do, among other things.
We give the p}.ointiff sixty days from todoy to purge himself of
these contemptuous conditions before we allow Chun Cha Savoy to
proceed further with any contempt request. We will direct that
Kevin P. Savoy shall pay the costs of Chun Cho Sovoy's
attorney's fees for this proceeding, and that shall be paid in
ZlSO-Z C~V~ 2992
Page 2
the amount of $~.50.00.
Ne further direct the Plaintiff, Kevin p. Savoy,
to PrePare the necessary retirement PaPers so that they can be
Submitted to Chun Cha Savoy for her Signature, and ultimate
Submission to the Army Retirement Department for processing.
By the Court,
James j. Kayer, Esquire
For- the PlaZntiff
Daniel K. Deardorff, Esquire
For the Defendant
'mtf
KEVIN P. SAVOY,
Plaintiff/Respondent
V.
CHUN CHA SAVOY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
ORDER OF COURT
AND NOW, this ~Z~ At%y of }A fiJ4~ ,1993, after review
of the Petition attached hereto in the above-captioned case, the Court hereby schedules a heating
day of )P.~ , 1993, at ~/KO
_~ of theCut~nberland County Courthouse on the square
on said Petition for the ~-/~
o'clock ~(~ .m. in Courtroom No. .
in Carlisle, Pennsylvania.
Service of this Order on Plaintiff/Respondent, Kevin P. Savoy, shall be upon his
attorney, James J. Kayer, Esquire, by regular mail.
I.
7193-pet. 1/kew
KEVIN P. SAVOY,
Plaintiff/Respondent
V.
CHUN CHA SAVOY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CLIMB~ COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
PETITION OF DEFENDANT TO FIND PLAINTIFF,
.KEVIN P. SAVOY, IN CONTEMPT OF COURT
1. Petitioner is Chun Cha Savoy, Defendant, in the above-captioned divorce action.
2. Respondent is Kevin P. Savoy, Plaintiff, in the above-captioned divorce action.
3. On July 8, 1992, a heating was held before the Honorable George Hoffer, Judge
of the Court of Common Pleas regarding a contempt petition fried by Defendant Chun Cha
Savoy. At said time, Plaintiff Kevin P. Savoy was found to be in contempt of Court and he was
given sixty (60) days to purge himself of said contempt. A copy of the Order of Court is
attached hereto as Exhibit "A".
4. Although Plaintiff Kevin P. Savoy did deed certain real estate to Petitioner as
required, Plaintiff Kevin P. Savoy has failed to pay the appropriate amount of support,
$1,400.00 per month, failed to pay the arrearages based on his unilateral decrease of said
monthly support from $1,400.00 per month to $765.00 per month, failed to pay the attorneys'
fees ordered in the amount of $350.00, failed to prepare the necessary retirement papers so that
Petitioner could receive her share of Plaintiff's retirement income, and on or about February 1,
1993, Plaintiff unilaterally stopped paying any support to the Petitioner.
5. Based on the above, Plaintiff Kevin P. Savoy is and continues to be in contempt
of the Order of Court dated July 8, 1992.
6. On or about December 29, 1992, counsel for Petitioner brought these concerns
to the attention of Plaintiff's attorney, James J. Kayer, Esquire. Attached hereto as Exhibit "B"
is the letter from attorney for Petitioner to Attorney Kayer who represents the Plaintiff.
7. On or about February 11, 1993, Petitioner's attorney advised counsel for the
Plaintiff, James Kayer, Esquire, that the Plaintiff Kevin P. Savoy had stopped paying any
support or house payment.
attempt to require Plaintiff to comply with the Order of Court dated July 8, 1992.
additional attorneys' fees are in the amount of $250.00.
WHEREFORE, Petitioner hereby requests Your Honorable Court to order
Plaintiff/Respondent, Kevin P. Savoy, to comply with the Order of Court dated July 8, 1992 and
reimburse Petitioner and her attorneys for her costs and reasonable attorneys' fees to enforce the
provisions of the original support order which was enforced by the Order of Court dated July 8,
1992.
Counsel for Petitioner has incurred additional substantial attorneys' fees in an
These
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
Daniel K. Deardorff, Esqufi~d
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant/Petitioner
VERIFICATION
The foregoing Petition to Find Plaintiff in Contempt of Court is based upon information
which has been gathered by my counsel in the preparation of the lawsuit. The language of the
document is that of counsel and not my own. I have read the document and to the extent that
it is based upon information which I have given to my counsel, it is true and correct to the best
of my knowledge, information and belief. To the extent that the content of the document is that
of counsel, I have relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Ch n
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition of Defendant to Find Plaintiff, Kevin P.
Savoy, in Contempt of Court was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
MARTSON, DEARDORFF, WILLIAMS & oTro
Dated:
Daniel K. Deardorff, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant/Petitioner
VS
Defe~-~ccnt
ACTION - LAW
"!'~ ~.'-.. ~. i ....
1:4 DIVORCE
T~i RE, CONTE,,.~pT PFTT-~T3~
ORDER
.~,n,, ...... ~OW ;u' 1 .... v ~. !992 ~ I 'Off O, n:. qff. _er h:,eorf, qg qnd
consideration of the testLmony Dresentee. by ~oy o¢ stLpu~ated
foots, end the ~Fgumeqts o¢ counsel, we do find the ~}oLntLff.
no fur-tr~ar wi~h !qis d~vorce f:~roceeding:~.. :)y way of ootoi~i~g a
himself of iqis contempt, In porticular, we find that the
plaintiff .... -'= '-:~,-=~ -' --
~i,.b ul~:,_c;-Gz&y ,;ec,'edse~g d .~u~J d .iu~ Li'} PdYhleR[ tO
Chun Ohm Smvoy to the sum of qpmroximqteZy $765,00 per month.
and thmt the plmintiff hms not proper]y deeded Chun Chm Savoy
certmin meoi estmte ms he egreed to co, among ot!~e'- things,
procee¢] f,,rther= ,. .... , v~i'n dry ,.,'Oq-CeFfip'c req~ esT,, We Wzli4'* direct that
Kevin~,P Savoy s~hoJ, l' DaY, . 'Lhe COSTS Of ChUR ,.¢ho SgVOV_' S
attorney's, fees for this oroc¢¢d~na~ =,,_, r~nfi, that slq~it be paid in
EXHIBIT "A"
Page 1 of 2
1603 C[V:: 199i
?age~ o
the amount of $350.00.
We further direcl ~= p!ainti~f ~evzn P. Savoy
to prep~.~e, ,_, th~_ ~ nec~serv~, retire!~'~~., ~o~,,~ ~n thnt they c~
submitted to Chun (::ha Smvoy for l~er signmture, and ultlmmte
submission to the ~rmy Ret].~e~n~nt 3eno?tme~t ~or proc,~s~ing.
Sy the Court,
James J. Kayer, Esquire
For the Plaintiff
/
Daniel K. Dearaorff, Es~u/re~x/
For the Defenaant
'mtf
EXHIBIT "A"
Page 2 of 2
"~,/'I LLIAM F.
DANIEL K. DEAR. DOR. FF
THOMA.3 ]. g(;ILLI.,~vl$
[vo ~ OTTO, r'n'
~TEPNEN L. BLOOM
GEOR. GE B. FALLER., IR..
5co~-r A. FREEL~ND
B P,.A]~ LEY J.
James j.
~hur T. McDe~o~ ~ Associates
50 ~st High Street
P.O. Box 246
Car~sle, PA 17013-0246
A PROFESSIONAL CO~'OILATION
ATTORNEY'S AND COUNSELLOFL5 AT LAx,~O'
TEN EABT HIGH STREET
CARLISLE, PENNSYLVANIA 17013
December 29, 1992
Savoy v. Savoy
Our File No. 7193.1
Dear Jim:
TELEPHONE
(717) 243-3341
FACSIMILE
(717) 243-1850
Thank you for your letter of December 18, 1992. We disagree with your statement that
your client is now in compliance with Judge Hoffer's contempt order. Your client still has not
paid the $1,400 per month required by the separation agreement. In fact, your client is in
further arrearages than he was at the hearing on July 8, 1992. He now owes approximately
another $4,000 because he still is not paying the $1,400 per month as required.
Furthermore, he will not be in compliance with the agreement until he pays the total
amount of the arrearages. Furthermore, the order of court required him to pay the attorney's
fees for the proceeding which would be in the amount of $350.00. You indicated in your letter
that your client would be willing to enter into a payment plan to repay the support arrearage.
We feel that this should be paid in a lump sum because of your client's failure to act in good
faith in paying the support. Without prejudice to this position, please advise us as to what type
of payment plan your client has in mind with regard to the arrearages.
Because your client has not complied with the court order of July 8, 1992. we will resist
any action on your part to proceed further with the divorce. I question whether equitable
distribution is an issue where the parties had a separation agreement which transferred the house
to the wife. Your client also has failed to return the various items of personal property that
belong to my client, Mrs. Savoy. ! look forward to hearing from you.
Very truly yours,
DKD/las
Daniel K. Deardorff
cc: Mrs. Chun Cha Savoy
EXHIBIT "B"
WILLIAM F MAR. TSON
DANIEL K. DEAR. DOR. FF
THOMAS J. WILLIAMS
Ivo ~Z O'rro, FI7
· STEPHEN L. BLOOM
GEOR. GE B. FALLER_, J'R..
SCOTT A. FREELAND
BI~tDLEY J. VANCE
^ PROFESSI0~4~ CO~O~,~rION
ATTORNEYS AND COUNSELLOI~S AT LAW
TEN EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
February 11, 1993
TE LE PHONE
(717) 243-3341
FACSIMILE
(717) 243-1850
James J. Kayer, Esquire
Arthur T. McDermott & Associates
50 East High Street
P.O. Box 246
Carlisle, PA 17013-0246
Savoy v. Savoy
Our File No. 7193.1
Dear Jim:
Chun Savoy advises me that her husband has not made the February payment on the
house or paid any support. This is further contempt of the Court and unless this is rectified in
the next thirty (30) days, we will f'fle a petition with the Court. Please contact your client and
advise him of the seriousness of this problem.
Very truly yours,
DKD/kew
Daniel K. Deardorff
cc: Mrs. Chun Cha Savoy
EXHIBIT "C"
7193-pet. 2/las
KEVIN P. SAVOY,
Plaintiff/Respondent
V.
CHUN CHA SAVOY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMB~~ COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
CONTEMPT PETITION
.ORDER OF COURT
AND NOW, this day of May, 1993, after hearing and consideration of the
stipulated facts presented by counsel, we do find the Plaintiff, Kevin P. Savoy, to be in contempt
of court in that he wilfully failed to pay the ordered amount of support of $1,400.00 per month,
failed to pay the arrearages based on his unilateral decrease of said monthly support from
$1,400.00 per month to $765.00 per month, failed to pay the attorney's fees in the amount of
$350.00 ordered by the Court on July 8, 1992, and on or about February 1, 1993, stopped
paying any support to Petitioner, Chun Cha Savoy, except for a life insurance policy premium
of approximately $150.00 to $200.00 per month.
Having found the Plaintiff to be in contempt of court, we impose the sanctions upon the
Plaintiff to be those set forth in the Order of July 8, 1992 and in addition we: order Plaintiff
to provide Defendant-Petitioner's counsel with the address in the United States, if any, of his
present employer; order that Plaintiff's wages from said employer be attached in the amount of
$1,700.00'per month ($1,400.00 for the support obligation and $300.00 for arrearages); order
that Plaintiff's funds at the Service Federal Credit Union, 2010 lafayette Road, Portsmouth,
New Hampshire 03801, be frozen and subject to garnishment for the m-xemmges of support owed
by Plaintiff up to the amount of $10,000.00; and issue a warrant for the arrest of Plaintiff, Kevin
P. Savoy.
Plaintiff, Kevin P. Savoy, is given credit of $3,000.00 towards the arrearages based on
Petitioner's obtaining of funds in said amount from a joint account in her name with Plaintiff.
These sanctions shall immediately go into effect except that the warrant for arrest shall
not issue for 30 days. Once Plaintiff purges himself of this contempt by fully complying with
this Order and the Court's Order of July 8, 1992, these sanctions shall terminate, except that the
wage attachment shall remain in effect.
Daniel K. Deardorff, Esquire
James J. Kayer, Esquire
Hoffer, I.
KEVIN P. SAVOY,
VS.
CHUN CHA SAVOY,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
PRAECIPE FOR A WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly accept this withdrawal of appearance filed by Arthur
T. McDermott and Associates on behalf of Kevin Savoy, and please
enter the appearance of Shawn A. Bozarth, Esquire, as attorney
for Plaintiff.
Dated:
Respectfully submitted,
Arthur T. McDermott, Esquire
50 East High Street
Carlisle, PA 17013
SHAWN A. BOZARTH, ESQUIRE
101 N. Front Street
Harrisburg, PA 17101
717-232-4227
Attorney I. D. No. 4106~
KEVIN P. SAVOY
CHUN CHA SAVOY
Plaintiff :
:
:
:
:
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1603 CIVIL 1991
PRECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly accept my entry of appearance on behalf of Kevin Savoy.
Shawn A. Bozarth, Esquire
Attorney for Plaintiff
RICHARD A. JAMESON,
Plaintiff
Ve
MARGARET A. JAMESON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CIVIL ACTION - LAW
NO. 1610 CIVIL 1991
IN DIVORCE
ORDER OF COURT
AND NOW, this 31st day of March, 1994, upon
consideration of the Motion to Compel Discovery on behalf of the
Defendant with respect to Defendant's Interrogatories 22 and 23,
and following a pretrial conference with counsel, it is ORDERED
and DIRECTED as follows:
With respect to Interrogatory 22, the Plaintiff is
directed to answer Subsection (a), and, in connection with
Subsection (b) of the interrogatory, to provide copies of any
complaint filed which is the subject of the interrogatory, to
provide information as to the fee arrangement with the client
involved, to indicate the amount of money advanced in the
proceeding, to indicate the amount of money received in the
proceeding, to indicate the status of the case as to pleadings,
discovery and trial date, and to indicate the amount of time
which has been devoted by the Plaintiff to the case as of the
response to the interrogatory if a record has been kept of said
time.
With respect to Question 23, it is ORDERED and
DIRECTED that the Plaintiff shall indicate, in connection with
the information requested in the interrogatory, the fee
arrangement which has been arrived at; the amount of money which
has been advanced; the amount of money which has been received;
the mmo%lnt of time which has been devoted, if known; a
designation of the client which does not permit a determination
of the client's identity; a brief, general description as to the
type of case involved; and an indication of whether the
Plaintiff is associated with other counsel in the proceeding.
In the latter regard, Plaintiff shall identify the attorney
associated with.
By the Court,
Taylor P. Andrews, Esquire
Counsel for Plaintiff
Richard C. Snelbaker, Esquire
Counsel for Defendant
:slr
RICHARD A. JAMESON,
Plaintiff
Ve
MARGARET A. JAMESON,
D e f endan t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1610 CIVIL 1991
IN DIVORCE
IN RE: PRETRIAL CONFERRNCE
A pretrial conference was held in the chambers of
Judge Oler on Thursday, March 31, 1994. Present on behalf of
the Plaintiff was Taylor P. Andrews, Esquire, and present on
behalf of the Defendant was Richard C. Snelbaker, Esquire.
This is a divorce action in which the remaining
issues, following bifurcation and the entry of a divorce decree,
are equitable distribution and Defendant's claim for counsel
fees, costs and expenses.
Counsel have requested a ruling from the Court
with respect to two interrogatories submitted by the Defendant
to the Plaintiff, and an Order will be entered of even date
herewith disposing of those issues.
This trial is presently scheduled for July 7 and
July 8, 1994, and, in the interim, counsel are proceeding with
discovery and towards taking depositions of some witnesses for
use at trial, if they are able to agree upon such a procedure.
By the Court,
Taylor P. Andrews, Esquire
Counsel for Plaintiff
Richard C. Snelbaker, Esquire
Counsel for Defendant
·-slr
Je
F:~ILES'~DATAFIL E-~GENDOCg~7193-PRA. 1
Created: 11/04/96 04:11:30 PM
R~vised: 11/04/96 04:26:24 PM
KEVIN P. SAVOY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
CHUN CHA SAVOY, '
Defendant · IN DIVORCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of W. Darren Powell, Esquire of MARTSON, DEARDORFF,
WILLIAMS & OTTO in behalf of Defendant in the above matter.
MARTSON, DEARDOP~~LIAMS & OTTO
W. Darren Powell, Esquire
I.D. No. 68953
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: November 6, 1996
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Shawn A. Bozarth, Esquire
120 South Street
Harrisburg, PA 17101
Dated: November 6, 1996
MARTSON, DEARDO~IAMS & OTTO
y ~(~, ~N.,a.,x.~ ire
W. l~arren Powell, Esqu'
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
F:\F1LES\DAirAFILE\GENDOC99\7193 -PRA.2/tde
'Created: 11/04/96 04:11:30 PM
Revised: 09/10/99 09:16:38 AM
KEVIN P. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of Benjamin T. Warner, Esquire of MARTSON, DEARDORFF,
WILLIAMS & OTTO in behalf of Defendant in the above matter.
MARTSON, DEARDORFF, WILLIAMS & OTTO
B .
Benjamin T. ~amer, Esquire
I.D. No. 781
Ten East High Street
Carlisle, PA 17013
(717)243-3341
Attorneys for Defendant
Dated: September 10, 1999
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Shawn A. Bozarth, Esquire
6000 Linglestown Road
Harrisburg, PA 17112
MARTSON DEARDORFF WILLIAMS & OTTO
Carlisle, PA 17013
(717) 243-3341
Dated: September 10, 1999
Kevin P. Savoy,
Vo
Chun Cha Savoy,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1603 CIVIL 1991
Civil Action-Divorce
AND NOW, this
foregoing Motion;
day of [2~ b c,~
2000, upon consideration of the
SHAWN A. BOZARTH, is permitted to withdraw as Attomey for the Plaintiff, Kevin P.
Savoy in the above captioned matter.
BY THE COURT:
Kevin P. Savoy,
Chun Cha Savoy,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1603 CIVIL 1991
Civil Action-Divorce
MOTION TO WITHDRAW AS COUNSEL BY SHAWN A BOZARTH
1. The Movant herein is Shawn A. Bozarth, Attorney for the Plaintiff, Kevin P. Savoy.
2. The Movant has been appointed as an Administrative Law Judge for the Department of
Public Welfare and will no longer be engaged in the practice of law as of January 31, 2000.
3. The Movant's new position does not permit outside employment.
4. The Movant has had no contact with his client since 1992, who is living somewhere in
the Federal Republic of Germany, exact whereabouts unknown.
5. The Movant has no means of contacting his client.
WHEREFORE, Shawn A. Bozarth moves to withdraw as counsel for the Plaintiff, Nancy
Myers
RESPECTFULLY SUBMITTED,
DATE:
Shawn A. Bozarth Esquire
Attorney At Law
15 Beech Lane
Elizabethtown, PA 17'022
CERTIFICATE OF SERVICE
to:
I, Shawn A. Bozarth, hereby certify that I mailed a copy of this first class U.S. Mail prepaid
Benjamin Warner, Esquire
Martson, Deardorff, Williams, & Otto
Ten E. High Street
Carlisle, PA 17013
January 27, 2000
Shawn A. Bozarth
F:\FILES~DATAFILE\Gendoc.cur\7193_PRA.3/tde
Created: 11/04/96 04:11:30 PM
Revised: 11/25/02 1 I:19:45 AM
7193.1
KEVIN P. SAVOY,
Plaintiff
V.
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CWIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of Thomas J. Williams, Esquire of MARTSON DEARDORFF
WILLIAMS & OTTO on behalf of Defendant in the above matter.
MARTSON, DEARDORFF, WILLIAMS & OTTO
Thomas J. Willies, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: November 25, 2002
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Kevin P. Savoy
Sandh~ieuser Strasse 6
6836 Ofiersheim
MARTSON DEARDORFF WILLIAMS & OTTO
~nr~ad -
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November 25, 2002
KEVIN p. SAVOY,
Plaintiff
CHUN CHA SAVOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1603 CIVIL 1991
IN DIVORCE
_PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
1. Ground for divorce:
Irretrievable breakdown under §3301 (c)
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: by certified mail, restricted delivery on May
20, 1991.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce
Code: by Plaintiff.' September 11, 2003 by Defendant: November 25, 2003
(b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code:
(2) Date °f filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: none
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file Praecipe to Transmit
record, a copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: September 17, 2003
Date defendant's Waiver of Notice in §3301 (c) Divorce was flied with the
Prothonotary: December 12, 2003
~ISR1FFIE & ASSOciAUq~rl:~
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
KEVIN P. SAVOy,
Plaintiff
VERSUS
CHUN CHA SAVOY~
Defendant
NO. 1603 CIVIL 1991
DECREE IN
DIVORCE
AND NOW, ~ '~ , IT IS ORDERED AND
DECREED THAT
Kevin p. Savoy
, PLAINTIFF,
AND Chun Cha Savoy
,DEFENDANT,
ARE 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
YET BEEN ENTERED;
The parties' Stipulation and Agreement dated November 17,
2003 is incorporated herein, but not merged.
PROTHONOTARY