HomeMy WebLinkAbout99-04016
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF ? PENNA.
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Luann M. Fry,
Plaintiff N c )....99-4016.... 19
Mark K. Fry,
Defendant
DECREE IN
DIVORCE
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AND NOW,. ................ `. g!- ".., it is ordered and
decreed that ..... Luann. M... Fry ................................. plaintiff,
and ...............Mark K. Fry..............................., 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;
.71
The parties' Marital Property and Settlement agreement dated September 181
.2000. is. incorporated. herein. and. the. Court. has. jurisdiction. over. no. other. claims.
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Att t: i
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rothonotary
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LUANN M. FRY,
Plaintiff
V.
MARK K. FRY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-4016 CIVIL TERM
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. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 3301--
(d)(1)-ef the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the Complaint: Acceptance of Service, made
July 6,1999.
3. Complete either paragraph (a) or (b).
Ua . Date of execution of the affidavit of consent required by sec. 3301 (c) of the
Divorce Code: by plaintiff September 20,2000; by defendant September
18, 2000.
(b) (1) Date of execution of the affidavit required by sec. 3301(d) of the
Divorce Code:
(2) Date of filing and service
of the plaintiff's affidavit upon the defendant
4. Related claims pending:
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
u Date plaintiff's Waiver of Notice in sec. 3301 (c) Divorce was filed with
the Prothonotary: September 22, 2000.
Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with
the Prothonotary: October 18, 2000.
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_ -Irv Atto ney for Plaintiff
Jacqueline M. Verney, Esquire
# 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
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LUANN M. FRY,
Plaintiff
V9.
MARK K. FRY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, ENNSYLVANIA
: CIVIL ACTION -LAW
: NO. 99- 1 {Ol CIVIL TERM
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree in divorce or annulment may 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 or your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
LUANN M. FRY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 99- yo /4 CIVIL
MARK V. FRY,
Defendant IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (D) OF TAE
DIVORCE CODE
AND NOW comes Luann M. Fry, plaintiff herein, by and through her attorney, Jacqueline M.
Verney, Esquire, and represents the following:
1. Plaintiff is Luann M. Fry, an adult individual, currently residing at 550 Bemheisel Bridge
Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Mark K Fry, an adult individual, currently residing at 910 Boulevard,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on May 21, 1991 in Fredonia, New York.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
Having been so advised Plaintiff does not desire the Court to order counseling.
7. This marriage is irretrievably broken.
WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce.
COUNT H - EQUITABLE DISTRIBUTION
8. Paragraphs 1 through 7 of the Complaint are incorporated by reference as though set forth in
full.
9. During the marriage, the parties accumulated certain real and personal property which is
subject to distribution.
WHEREFORE, Plaintiff prays Your Honorable Court to equitably distribute the marital
property in accordance with the factors set forth in 23 Pa.C.S.A § 3501, et seg.
COUNT III - SUPPORT/ALIMONY PENDENTE LITE/ ALaVIONY
10. Paragraphs 1 through 9 of the Complaint are incorporated by reference as though set forth in
full.
11. Plaintifflacks sufficient property and income to provide her with a reasonable income and
cannot adequately support herself.
12. Defendant has a far more economic superior position than Plaintiff and Plaintiff requires
reasonable support to adequately maintain herself.
WHEREFORE, Plaintiff prays your Honorable Court award support, alimony pendente lite
and alimony as determined appropriate by the Court.
Respectfully submitted,
J cqt line M. Verney, Esquire
Supreme Ct. ID. 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing divorce complaint are true and correct.
I understand that false statements herein made are subject to the penalties of 18 Pa.C. S. Section
4904 relating to unsworn falsification to authorities.
Ditto ryfin M. Fry, Plaintiff
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LUANN M. FRY, : IN'r1IF. COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: NO. 99-4016 CIVIL TERM
MARK K. FRY,
Defendant : IN DIVORCE
1. A Complaint in Divorce under the Divorce Code under Section 3301(c) was filed on
June 30, 1999 on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of divorce decree.
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 the Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom
falsification to authorities.
Date: 9 -?0 -" '&,.
U NN M. FRY
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LUANN M. FRY,
Plaintiff
V.
MARK K. FRY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 994016 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verify that¢he statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: c7 - 2-X) - O O
L N M. FRY
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LUANN M. FRY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: NO. 994016 CIVIL TERM
MARK K. FRY,
Defendant : IN DIVORCE
1. A Complaint in Divorce under the Divorce Code under Section 3301(c) was filed on
June 30, 1999 on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to
request entry of divorce decree.
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 the Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date: 9/?fg/D
ARK K. FRY
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LUANN M. FRY,
Plaintiff
V.
MARK K. FRY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 994016 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
Date: Wish) o
MARK K. FRY
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LUANN M. FRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTV,PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 99-4016 CIVIL TERM
MARK K. FRY,
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby accept service of the Complaint in Divorce in the above captioned matter
pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized
to accept service on behalf of defendant.
Date: j-o (? , ?y y y
Defendant of aut razed agent
52 Gast Iigh Street:
Carlisle, PA 17013
Address
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LUANN M. FRY,
Plaintiff/Petitioner
VS.
MARK K. FRY,
Defendant/Respondent
NO. 99-4016 CIVIL TERM
IN DIVORCE
DR# 29,460
Pucscs# 212102060
ORDER OF COURT
AND NOW. this 7°' day of March. 21000, upon consideration of the attached Petition for Alimony
Pendenle Lite and/or counsel fees, it is hcrebp directed that the panics and their respective counsel appear
before R.J. Shaddav on March 13, 2000 at ltl 30A.M. for it conference, at 13 N. Hanover St., Carlisle,
PA 17013, afer which the conference officer may recommend Thal an Order for Alimony Pendente Lite
be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order. completed as required by Rule
1910.11(O
(4) verification of child care expenses
(5) proof of medical coverage which you may have. or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT.
George E. Hoffer. President Judge
Mail topics on Petitioner
3-7-00 to: < Respondent
Jacqueline Verney. Esquire
Andrea Jacobsen. Esquire
Date of Order: March 7. 2000
R. . Shaddav. Conference Olliccr
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - DIVORCE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE. PENNSYLVANIA 17013
(717)249-3166
00 MART -1 F?l 4' 11
CU PENNSYLNPIAI
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LUANN M. FRY,
Plaintiff
vs.
MARK K. FRY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, ENNSYLVANIA
: CIVIL ACT7ON - LAW
NO. 99-
4u 1 lv C1VII, TERM
: IN DIVORCE
NOTICE Tn nFLTnn. AN.D Cr AIM RI HT
You have been, sued in Court. If you wish to defend against the claims set forth in the 1 a
following pages, you must take prompt action. You are warned that ifyou fad to do so, the case
will proceed without you and a decree in divorce or annulment may be entered against you for any
other claim or relief requested in these papers by the PLinfa You may lose money or property
or other rights important to you, including custody or visitation or your children.
When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage,
you may request marriage counseling. A list of marriage counselors is available in the ()fke of
the Prothonotary at the Firs Floor, Cumberland County Courthouse, South Hanover Street
Carlisle, Peon ylvanin 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
c?
LUANN M. FRY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION- LAW
NO. 99- CIVIL
MARK K, FRY,
Defendant IN DIVORCE
COMPLAINT IN DIVORCE UNDER E ON 3301 fCl OR 3301 fD1 OF THE
---RODE
AND NOW comes Luann M. Fry, plaintiffherein, by and through her attorney, Jacqueline M.
Verney, Esquire, and represents the following:
1. Plaintiff is Luann bf. Fry, an adult individual, currently residing at 550 Bemheisel Bridge
Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Mark K Fry, an adult individual, currently residing at 9 Hill Boulevard,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months i istely previous to the filing of this complaint.
4. Plaintiff and Defendant were married on May 21, 1991 in Fredonia, New York.
5. There have been no prior actions fer divorce or annulment between the parties.
6. The P'sii bss been advised of the availability of marriage counseling and the Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
Having been so advised Plaintiff does not desire the Court to order counseling.
7. This marriage is irretrievably broken.
WHEREFORE, Plaintiff Prays Your Honorable Court enter a decree in divorce.
COUNT II- EO t1TABLE D STRlg ON
8. Paragraphs 1 through 7 of the Complaint are incorporated by reference as though set forth in
fill.
9. During the marriage, the parties accumulated certain real and personal property which is
subject to distribution.
WHEREFORE, Plamtiffprays Your Honorable Court to equitably distribute the marital
property in accordance with the factors set forth in 23 Pa.C.S.A ¢ 3501, et seq.
COUNT IQ -SUPPORT/ALIMONY PENDENTE L1TE/ ALIMONY
10. Paragraphs 1 through 9 ofthe Complaint are incorporated by reference as though set forth in
MI.
11. Plaintiff lacks sufficient property and income to provide her with a reasonable income and
cannot adequately support herself
12. Defendant has a far more economic superior position than Plaintiff and Plaintiffrequires
reasonable support to adequately maintain herself
WHEREFORE, Plaintiff prays your Honorable Court award support, alimony pendente lite
and alimony as determined appropriate by the Court.
Respectfully submitted,
13&191 ? J?tcgt(?line M. Verney, E ==!
Supreme Ct. ID. 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing divorce complaint are true and correct.
I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unworn fahstiification to authorities.
to
W4An M. Fry, Plaintiff 17
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In the Court of Compton Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
Defendant Name: MARK K. FRY
Member ID Number: 9106100263
Please note. All corresgmdence must Include the Meenber II) Number.
RALSTON PURINA CO.
6509 BRANDY LANE
MECHANICSBURG PA 17055
ORDER OF ATTACHMENT OF INCOME
Financial Break Down of Multiple Cases on Attachment
PACSCN Docket
Plaintiff Name 0 Case Number
?/
$ Number Attachment Amount/Ftcuuenev
4AM2 -"I4 1'RY ""-' '
LUANN M
FRY t
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212102060'
JY5-46' 99-4016 CSV1L "''$ 68.42 /NEE1r'
. 562101028 00350 S 1999 $ 131.58
/WEEK
/
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TOTAL ATTACHMENT AMOUNT: $ 200.00
To: RALSTON PURINA CO.
Pursuant to the laws of the Commonwealth of Pennsylvania the income of
MARK K. FRY , defendant obligor, SSN 168-36-6601
of:
9 HILL BLVD, MECHANICSBURG, PA. 17055-9704-09
is hereby attached to the following extent.
You are directed to pay to the Pa State Collection and Disbursement Unit the sum of
$ 200.00 per WEEK from the income due the defendant obligor. The
attachment payment must be sent to the Pa State Collection and Disbursement Unit within
seven business days of the date the defendant obligor is paid.
CHECKS SHOULD BE MADE PAYABLE TO: PA SCDU
AND SENT TO:
Pennsylvania SCDU
P.O. Box 69112
Harrisburg, Pa 17106-9112
Form EN-028
Service Type M Worker ID 21005
T
MARK K. FRY
PACSES Memher Numher: 910610o263
PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES
MEMBER ID OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO
NOT SEND CASH BY MAIL.
This order of attachment for support is binding upon you until further notice and shall have
priority over any attachment, execution, garnishment or wage attachment under state or local
law except one relating to a prior support order. You must commence the attachment of the
defendant obligor's income as soon as possible but no later than fourteen days from the date
of the issuance of this Order of Attachment.
You are notified further that pursuant to law:
1. The defendant obligor has been notified that an order of attachment for support would
be issued.
2. Willful failure to comply with this order may result in (i) your being adjudged in contempt
of court and committed to jail or fined by the court; (ii) your being held liable for any
amount not withheld or withheld but not forwarded to the Domestic Relations Section; and
(iii) attachment of your funds or property.
3. The attachment of income or the possibility thereof as a basis, in whole or in part, for the
discharge of an employee or any disciplinary action against or demotion of an employee is
prohibited. Violation may result in (i) your being adjudged in contempt and committed to
jail or fined by the court and (ii) an action against you by the employee for damages.
4. If there are in your employment one or more additional employees whose incomes are
subject to an attachment of support, you may combine the attachment payments into a
single payment to the Pa SCDU and separately identify the portion attributable to each
obligor.
5. You must notify the Domestic Relations Section or the Pa SCDU when the defendant
obligor terminates employment and provide the Section with the employee's last known
address and the name and address of the new employer, if known.
Page 2 of 3 Form EN-028
Service Type M Worker ID 21005
7
MARK K. FRY PACSES Member Number: 9106100263
6. The maximum amount of the attachment shall not exceed 55 % of the employee's
net income which is within the limits set in the Consumer Credit Protection Act, 15
U.S.C. §1673.
7. The term "income" as defined by law includes compensation for services, including, but
not limited to, wages, salaries, fees, compensation in kind, commissions and similar
items; income derived from business; gains derived from dealings in property; interest;
rents; royalties; dividends; annuities; income from life insurance and endowment
contracts; all forms of retirement; pensions; income from discharge of indebtedness;
distributive share of partnership gross income; income in respect of a decedent; income
from an interest in an estate or trust; military retirement benefits; railroad employment
retirement benefits; social security benefits; temporary and permanent disability benefits;
worker's compensation; unemployment compensation; other entitlements to money or
lump sum awards, without regard to source, including lottery winnings; income tax
refunds; insurance compensation or settlements; awards or verdicts; and any form of
payment due to and collectable by an individual regardless of the source.
GENERAL INSTRUCTIONS
1. Employers may elect to deduct up to 2% of the attachment amount for their costs. This
amount must not be deducted from the attachment. It must be paid from the employee's
net earnings after the income attachment deduction has been made.
2. If you choose to make payments via an electronic funds transfer, contact the Pa SCDU
Employer Customer Service at 1-877-676-9580.
BY THE COURT:
Date of Order: March 24, 2000
DRO: R1 Shadday
xc: defendant
Service Type M NOMED
K73' A. Hess JUDGE
Page 3 Form EN-028
Worker ID 21005
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LUANN M. rRY,
Plaintiff/Petitioner
VS.
MARK K. FRY,
Defendant/Respondent
DR 29,460
PACSES ID 212102060
IN,riir. COURT Or COMMON PLEAS
CUMBERLAND COLJNTy, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
CIVIL ACTION - LAW
NO. 99-4016 CIVIL TERM
ORDER OF COURT
AND NOW, this 24°i day of March, 2000, based upon the Court's determination that
Petitioner's monthly net income/earning capacity is $280.87 per month and Respondent's monthly net
income/earning capacity is $2,138.16 per month, it is hereby Ordered that the Respondent pay to the
Pennsylvania State Collection and Disbursement Unit, $297.27 a month payable weekly as follows;
$57.54 per week for alimony pendente lite and $10.88 per week on arrears. First payment due with
next amended wage attached payment. Arrears set at $2,250.00 as of March 23, 2000. The effective
date of the order is June 30, 1999.
This order is based upon the fact that husband has a child support obligation for the parties'
one child and wife agrees to said amount of this order.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C. S.§ 3703. Further, if the Court finds,
after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the PA SCDU to: Luann Fry. Payments must be made by
check or money order. All checks and money orders must be made payable to PA SCDU and mailed
to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's PACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
Unreimbursed medical expenses that exceed $250.00 annually are to be paid 88% by the
respondent and 22% by petitioner. The petitioner is responsible to pay the first $250.00 annually in
unreimbursed medical expenses. Respondent to provide medical insurance coverage.
This Order shall become final ten days after the mailing of the notice of the entry of the Order
to the parties unless either party tiles a written demand with the Prothonotary for a hearing de novo
before the Court.
oRO: R. J. sh„ ddav BY THE COURT,
Mailed co ics nn petitioner
3.30 ?D to: < Respondent
Kevin .Hess J.
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OCT 2 5 ?0001
LUANN M. FRY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
NO. 99-4016 CIVIL TERM
MARK K. FRY,
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this Zlvt day of October, 2000, upon consideration of the record in this
matter and the Petition to Terminate Alimony Pendente Lite and Satisfy Arrearage filed by
defendant with concurrence of plaintiff, it is hereby ordered and Decreed that:
a. the award of alimony pendente lite made by Order of Court of March 24, 2000, in the
amount of $57.54 per week for alimony pendente lite, plus $10.88 per week on arrears, is
hereby terminated effective as of September 18, 2000;
b. any arrearage due on the Order as of September 18, 2000, is hereby satisfied;
c. any wage attachment for payment of such obligation shall cease immediately;
d. the Domestic Relations Section of this Court shall issue a statement certifying the
amount of any payments, including payments on arrears, collected from defendant or paid to
defendant on account of such Order on or after September 18, 2000; and
e. plaintiff shall reimburse defendant the amount of such payments within (10) days of
her receipt of such certified statement.
BY THE COURT:
Cc, P1?-4 Al 1o a( -a? a? o
LUANN M. FRY,
Plaintiff
V.
MARK K. FRY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4016 CIVIL TERM
: IN DIVORCE
Petition to Terminate Alimony Pendente Lite and Satisfy Arrearage
A Complaint in Divorce under the Divorce Code under Section 3301(c) was filed
on June 30, 1999 on the grounds that the marriage of the parties is irretrievably broken.
2. By Order of Court dated March 24, 2000, Defendant was ordered to pay Alimony
Pendente Lite to Plaintiff in the amount of $250 per month, effective June 30, 1999, with an
additional $47.21 payable each month on arrears.
3. By Marital Settlement Agreement dated September 18, 2000, the parties entered
into a full and final settlement of their marital claims. A copy of the Marital Settlement is
attached hereto and made a part hereof as Exhibit A.
4. Paragraph 10 of the parties' Marital Settlement Agreement provides:
10. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY
Wife and Husband do hereby waive, release, discharge and give up any
rights which either may have against the other to receive spousal support,
alimony pendente lite, alimony or other post divorce maintenance or support.
From the execution date of this Agreement, it shall be the sole responsibility of
each party to sustain himself or herself without seeking any support from the
other. Wife further releases Husband from any further liability due on account of
Wife's prior claims for spousal support and alimony pendente lite order, including
any arrearage or payment due on the existing alimony pendente lite order on or
after September 18, 2000, and will reimburse Husband for any payments
received by her for spousal support or alimony pendente lite after such date.
5. Defendant asks this Court to terminate the current Order for Alimony Pendente
Lite and mark the arrearage as satisfied, in accordance with the Marital Settlement Agreement
of the parties.
6. A copy of this Petition has been presented to Jacqueline Verney, Esq., counsel
for Plaintiff, who concurs in the Petition.
Wherefore, Defendant asks that this Court enter an Order :
Terminating the current Order for Alimony Pendente Lite; and
Marking any obligation due on the existing Order as satisfied; and
Directing the Domestic Relations Section of this Court to determine the amount
of any payments received on account of such Order on or after September 18, 2000;
and
Granting such further relief as the Court may deem proper and just.
Respectfully submitted,
By. Andr C. cobsen
52 E. High eet
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
LUANN M. FRY,
Plaintiff
V.
MARK K. FRY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-4016 CIVIL TERM
: IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this A? day of 2000, by and between
LUANN M. FRY (Wife) and MARK K. FRY (Husband);
WHEREAS, the parties hereto were married on May 21, 1991; and
WHEREAS, the parties are the parents of one minor child, born to their marriage,
ELIZABETH ANN FRY, date of birth, August 02,1996; and
WHEREAS, differences, disputes and difficulties have arisen between the parties and it is
therefore their intention to live separate and apart for the rest of their lives; and
WHEREAS, the parties wish to settle fully and finally their financial and property rights and
obligations between each other and to set forth certain covenants and understandings regarding
their separation, their children, and their respective properly rights.
NOW THEREFORE, in consideration of the mutual promises and undertakings contained
herein, the parties hereto, intending to be legally bound, covenant and agree as follows:
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as
follows:
1. LEGAL ADVICE AND VOLUNTARY EXECUTION OF AGREEMENT
Wife and Husband each acknowledge that she and he have obtained, or have had the
opportunity to obtain, independent legal advice from counsel of her or his selection, and that each
have determined to complete this Agreement. The parties acknowledge that Wife has been
represented by Jacqueline Verney, Esq. and that Husband has been represented Andrea C.
Jacobsen, Esq., JACOBSEN & MILKES, with regard to this agreement.
Each party acknowledges and accepts that this Agreement is in the circumstances, fair
and equitable, and that it is being entered into freely and voluntarily. Each party hereby confirms
that he or she fully understands the terms, conditions and provisions hereof and believes same to
be fair, just, adequate and reasonable under the existing facts and circumstances. The parties
further declare that each is executing the Agreement freely and voluntarily, without duress, undue
influence or coercion, having either obtained sufficient knowledge and disclosure of the wealth,
property, estate and income of the other, and their respective legal rights and obligations; if
counsel has not been consulted, the right to do so is expressly waived.
2. SEPARATION AND NONINTERFERENCE
It will be lawful for each party at all times hereafter to live separate and apart from the
other at such place or places as he or she may from time to time choose or deem fit. Each party
shall be free from interference, authority and control, direct or indirect, by the other, as fully as if
he or she were single and unmarried. Neither shall bother the other or compel the other to
cohabit or dwell with him or her.
3. SUBSEQUENT DIVORCE
The parties acknowledge a divorce action seeking the dissolution of their marriage is
currently pending in the Court of Common Pleas of Cumberland County at Fry v. Fry, No. 99-
4016 Civil Term on the grounds of irretrievable breakdown of the marriage. The parties
acknowledge that they have signed affidavits of consent along with this Agreement and other
documents needed for the entry of a final decree in the divorce action. The parties hereby agree
that the terms of this Agreement shall be incorporated into the final divorce decree entered by the
Court and shall constitute a settlement of all claims related to the divorce action.
4. EFFECTIVE DATE
This Agreement shall be effective on the date above first written.
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5. MARITAL DEBTS AND OBLIGATIONS
Each of the parties covenants and agrees that to his or her knowledge, except as
otherwise provided for herein, all other joint debts and obligations have been satisfied and they
have no joint debts or obligations. Each party further agrees that neither he nor she will any time
in the future incur or contract any debt, charge or liability for which the other party, or her or his
property or estate, might be responsible and each of them further covenants at all times hereafter
to keep the other free, harmless and indemnified of and from all debts, charges and liabilities
hereafter or heretofore contracted by them except as herein provided.
6. REAL PROPERTY
Wife and Husband hereby acknowledge that they jointly owned a house and real property
located at 9 Hill Boulevard Mechanicsburg, Cumberland County, Pennsylvania, 17055. The
parties acknowledge that since their separation in April 1999, Husband has enjoyed exclusive
possession of the marital residence, and has been responsible for the expenses of the household.
Husband agrees to vacate the marital home and grant possession of the premises to Wife
on September 18, 2000. Husband may continue to store certain of his belongings at the premises
until October 18, 2000. After that date, all property left by Husband at the premises shall be
considered abandoned and may be kept or disposed of by Wife.
Wife agrees to satisfy the existing joint mortgage loan and refinance the obligation in her
name alone. Husband agrees to execute a deed conveying his legal interest and title in the
property to Wife. Upon notice that such refinancing has been arranged, Husband agrees to
deliver such deed to Wife's counsel who agrees to hold the deed in escrow and not record the
deed until the such time as the mortgage is refinanced and Husband's name has been removed
from the existing obligation.
Any cost associated with such refinancing and the transfer shall be the responsibility of
Wife.
The parties agree that any refund of escrow, including prepaid taxes and homeowners
insurance, shall be paid to or assigned to Husband.
Upon her possession of the marital home, Wife shall become responsible for all
obligations for the property. Wife hereby specifically agrees to indemnify and hold Husband
harmless with respect to any such obligations.
7. PERSONAL PROPERTY
Except as provided for within this Agreement, the parties acknowledge that there has been
distribution between them of their items of personal, tangible and intangible property, including
vehicles, furnishings, household goods, etc., and they agree that the division thereof is to their
mutual satisfaction. Each of the parties shall hereafter own and enjoy, independently of any claim
or right of the other party, all items of personal, tangible and intangible property now or hereafter
owned or held by her or him with full power to dispose of the same effectively and for all purposes
as if she or he were unmarried.
8. PENSION, RETIREMENT AND OTHER EMPLOYEE BENEFITS
Husband and Wife acknowledge that they have interests in certain qualified retirement
funds and accounts, which includes marital and non-marital property. The parties agree that
those funds shall be retained by the titleholder of those accounts and, in particular, Husband
shall retain full title, interest, and claim to any retirement and pension interests held in his name
obtained through his employer, Ralston Purina Company, or otherwise, and Wife hereby forever
waives and relinquishes any right, interest or claim that she might have otherwise in any
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pension, retirement, deferred income or employee account or benefits plan to which Husband
may be, or may become, entitled.
9. CHILD CUSTODY AND CHILD SUPPORT
The parties acknowledge and agree Wife enjoys primary physical custody of their
daughter and Father enjoys partial physical custody of their daughter on a schedule determined
by mutual agreement of the parties. The parties acknowledge the special needs of their daughter
and the need to maintain their homes in a sanitary condition during periods of custody. Husband
agrees that his exercise of partial custody shall be dependent upon the maintenance of his home
in a sanitary condition.
Each party agrees to execute upon the request of the other party a stipulation granting
each party shared legal custody rights and confirming the existing physical custody rights of the
parties.
The parties acknowledge the current order for child support payable by Husband to Wife in
the matter Fry v. Fry, No. 350 Support 1999, Cumberland County, DR 28,565, PACES
562101028, and agree that child support shall be as may be determined by the courts in such
action.
10. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY
Wife and Husband do hereby waive, release, discharge and give up any rights which
either may have against the other to receive spousal support, alimony pendente lite, alimony or
other post divorce maintenance or support. From the execution date of this Agreement, it shall
be the sole responsibility of each party to sustain himself or herself without seeking any support
from the other. Wife further releases Husband from any further liability due on account of
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Wife's prior claims for spousal support and alimony pendente lite order, including any arrearage
or payment due on the existing alimony pendente lite order on or after September 18, 2000,
and will reimburse Husband for any payments received by her for spousal support or alimony
pendente lite after such date.
11. PAYMENT TO HUSBAND
Wife agrees to pay the sum of FIVE HUNDRED ($500.00) DOLLARS, at the time of
execution of this agreement, on account of a charge for exterminators at the marital home
which was paid solely by Husband.
12. CLAIM OF DEPENDENCY FOR TAX PURPOSES
Wife agrees that Husband may claim Elizabeth as a dependent for federal income tax
purposes as long as he is paying child support for Elizabeth. Wife agrees to execute such
documents as may be necessary to authorize such dependency claim.
13. COUNSEL FEES AND COSTS
Each party shall be solely responsible for his or her own counsel fees, costs and expenses
and waives my claim against the other party with regard to such fees and costs. Neither shall be
seeking any contribution thereto from the other party except as otherwise expressly provided
herein.
14. MUTUAL RELEASE
Husband and Wife do hereby release each other from any other claims with respect to the
marital and non-marital assets of the parties, except as provided under this Agreement.
Additionally, each party hereby releases any interest that he or she may have in the estate of the
other. Except as provided for in this Agreement, the parties hereby remise, release, quit-claim
and forever discharge each other and the estate of each other, for all time to come, and for all
purposes whatsoever, from any and every claim, including alimony, alimony pendente lite,
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equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act or
spousal support, or otherwise, that they make or hereafter make in and to or against each other's
estates or any parts thereof, whether by way or dower or curtesy, or under the intestate laws, or
the right to take or elect against the other's will, except only such rights as accrue pursuant to this
Agreement.
15. MUTUAL COOPERATION
Husband and Wife shall mutually cooperate with each other in order to carry through the
terms of this Agreement, including but not limited to, the signing of documents.
16. AGREEMENT BINDING ON HEIRS
This Agreement constitutes the final agreement of the parties and is binding upon their
heirs, assigns and successors in interest.
17. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties, and there are no
representations, warranties, covenants or undertakings other than those expressly set forth
herein.
19. BREACH OF AGREEMENT
In the event that either party breaches any provision of this Agreement or fails to timely
perform his or her obligation under this Agreement, she or he shall be responsible for any and all
costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees
of the other party. In the event of breach, the other party shall have the right, at her or his
election, to sue for damages for such breach or to seek such other and additional remedies as
may be available to her or him.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first
above written. Husband and Wife acknowledge that multiple copies of this Agreement have been
executed and each party has received a duly executed copy hereof.
WLN. FRY, Plaintiff
JA U INE VERNEY, Q.
Counsel for Plaintiff
MARK K. FRY, Defe dan
0.1,0112
ANDREA C. A BSEN, ESQ.
JACOBSEN MILKES
Counsel for Defendant
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND SS
On this, theZ day of September 2000, before me appeared LUANN M. FRY, known
to me, (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS rl REOF, I hereunto set my hand and official seal
V?Q I lJv"`?%v
NOTA 81r,IC
NOTAFlIAL SEAL
DENISE PINAMONTI, Notary Public
Carlisle Borough, Cumberland County
M Commission Expires Nov. 20, 2000
COMMONWEALTH OF PENNSYLVANIA
:SS
COUNTY OF CUMBERLAND
On this, the Ae-day of September 2000, before me appeared MARK K. FRY, known
to me, (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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N TAR PUBLIC
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