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VOLUNTARY SEPARATION AND PROPERTY SETTLEMENT
AGREEMENT
THIS AGREEMENT, Made this ~ day of ~, 1985, by and
between WILLIAM M. HARPER, party of the first part, hereinafter
called "Husband," and KIMBERLY J. HARPER, party of the second
part, hereinafter called "Wife."
WITNESSETH:
.WHEREAS, the parties hereto were married on 21 February 1981,
in a Civil ceremony at Virginia Beach, Virginia; have been and
are Husband and Wife; and as a result of this union, one child was
born, to wit: JUSTIN HARPER, born 3 June 1983, hereafter referred
to as the "child."
WHEREAS, irreconcilable differences have arisen between them,
and the relations between the parties are and have been of .such a
character that the~~-parties have voluntarily and mutually agreed to
live separate and apart on account of which the parties have
separated on 21 November 1983, and now have separated and live
apart and intend to live separate and apart from each other for
the rest of their natural lives;
and
Page 1 of 16 Pages
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WHEREAS, it is the desire of both parties finally for all
time to settle, adjust, compromise and determine their property
rights; all rights of support and maintenance by either party
against the other by reason of their marriage, all dower, curtsey,
alimony, and homestead rights, and any and all other rights
existing between the parties growing out of the marriage relation;
and
NOW THEREFORE, in consideration of the promises and the
mutual covenants of each of the parties, they do hereby covenant
and agree with each other for their respective heirs, personal
representatives and assigns as follows:
I. TERMS OF SEPARATION:
(a) The parties mutually and voluntarily agree to continue
to live separate and apart in separate places of abode, without
any cohabitation, as they have since 21 November 1983.
(b) Each party shall be free from interference, direct or
indirect, by the other as fully as though unmarried. The parties
shall not molest, harass, nor malign each other, nor shall either
attempt to compel the other to cohabit or dwell with him or her by
any means whatsoever. Each party may, for his or her separate
benefit, engage in any employment, business or profession he or
she may choose and may choose and may reside in such place as he
or she may choose.
Page 2 of 16 Pages
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(c) It: is.. heir intention ,t.h,at .a reconciliation, either tem-
porary or permanent, shall in no way affect the provisions of this
agreement having to do with the settlement and disposition of
their property rights in their respective realty, if any, any per-
sonally, unless a new agreement is entered into in writing
mutually revoking and rescinding this agreement and entering into
a new one.
2. CHILD CUSTODY AND SUPPORT:
The Husband hereby agrees that the Wife shall have the care,
custody and control of the minor child with the right reserved to
the Husband of reasonable visitation, provided, however, that
exercise of the visitation privileges by said parent shall not
conflict nor interfere with school schedules nor with bona fide
plans previously made for activities; and all such visitation
shall be exercised with due regard for the health and general
welfare of said child. The Husband will give the Wife reasonable
advance notice of his intention to exercise his temporary custody
rights under this agreement.
3. ALLOWANCES TO WIFE AND CHILDREN:
(a) The Husband agrees to pay to the Wife or other persons
having the care of the Child in the Wife's custody, the sum of
Three Hundred Dollars ($300.00) per month for the maintenance and
support of the Child during the period when JUSTIN HARPER is in
the Wife's custody provided that in each year in which Congress
authorizes a pay increase for military members and the Husband is
on active duty in the military the amount of support will be
increased by the same percent as the pay increase, said increase
Page 3 of 16 Pages
in support comme,ncin~„the first day~_of the month directly
following the month the pay increase starts; and further provided
that should the Husband terminate his service in the armed forces
for any reason, the amount of support shall be increased each year
starting on 1 February by the same percent as the Consumer Price
Index incrases as determined by the Federal Government. For each
twenty-four (24) hour period the child spends with the Husband
after the seventh (7th) consecutive day, a sum equal to one-half
the daily amount to support shall be deductible by the Husband
from his monthly payment for that period as a food allowance by
reason of the child's absence from his mother. Support for the
child shall terminate upon the occurrence of any Emancipation
Event as provided in Paragraph 3(c), upon the death of the
Husband, or upon the child's adoption by another party, whichever
shall first occur.
(b) The Husband also agrees to pay the Wife temporary addi-
tional child support of One Hundred Dollars ($100.00) a month for ,
all calendar months of 1985. Thereafter, such additional 'child
support will terminate.
(c) Husband hereby agrees that Wife and the foresaid
children shall continue to be entitled to use and enjoy all medi-
cal and dental services, commissary and post exchange privilege,
and other services allowed to them as a result of Husband's
employment as a member of the United States Armed Services.
During the time that Husband and Wife are married, although living
separate and apart, Wife shall continue to enjoy these benefits
but upon divorce of the parties, these benefits shall terminate as
to Wife, but remain for the use and benefit of said children pro-
vided they qualify for these benefits as determined by applicable
United States Armed Forces entitlement regulations. In addition,
should Husband terminate his service with the United States Armed
Forces, these services will be reevaluated by the parties hereto
to ascertain the needs of the said children and the respective
Page 4 of 16 Pages ~~
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r e s p o n s i`b i 1 i`'i=1~s` f t h e p a rt~,,.~ .. _.~,..~-~..~
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me as said children are emancipated. The Husband ..
shall pay all of the reasonable and necessary dental, medical, \\
~,
psychological and hospital bills of the children not otherwise
covered by GRAMPUS or other government or private medical or den-
tal insurance programs until the occurrence of an emancipation
event as provided in Paragraph 3(c). The Wife agrees to ensure
that, whenever practicable, JUSTIN HARPER, uses whatever medical,
hospital, and dental services that are available to him through
Armed Forces facilities.
(d) With respect to the children, an emancipation event
shall occur or be deemed to occur upon the earliest happening of
any of the following:
(1) Reaching the age eighteen (18); except and provided
that an emancipation event shall be deferred beyond the eighteenth
birthday of the child if and so long as the child pursues full
time college education with reasonable diligence and on a normally
continuous basis,. and during such time the child lacks sufficient
resources to be self-sustaining and is dependent upon his parents
for support; but, in this respect, in no event shall emancipation
be deferred beyond the child's twenty-second birthday;
(2) Marriage by child;
(3) Death of child;
Page. 5 of 16 Pages
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(4) In the event that the child, upon reaching the age
of eighteen, is unmarried and is handicapped to such an extent
that he is physically or mentally incapable, as opposed to
unwilling, to support himself or to be engaged in full-time
employment, then emancipation shall be deferred, and the Husband's
obligation for child support as set forth in Paragraph 3(a) and
(b) shall continue in full effect until the child's handicap or
disability is removed or the child marries or dies.
4. DIVISION OF PERSONAL PROPERTY
(a) The parties have heretofore divided their personal pro-
perty to their mutual satisfaction. It is agreed henceforth, each
of the parties shall own, have and enjoy, independently of any
claim of right of the other party, all items of personal property
of every kind, nature and description and wheresoever situated,
which are now owned or held by or which may hereafter belong to
the Husband or Wife respectfully, with full power to the Husband
or the Wife to dispose of same as fully and effectually, in all
respects and for all purposes as if he or she were unmarried. All
items of personal property except as provided below shall be the
sole and separate property of the Wife.
(b) The parties further agree that the 1981 Chevrolet
Citation automobile shall be the so]e and separate property of the
Wife. The Husband agrees to promptly execute such title documents
or other written instruments as may be required to transfer title
of this vehicle to the Husband.
Page 6 of 16 Pages
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(c) The parties further agree that the 1979 Chevrolet
Chevette automobile shall be the sole and separate property of the
Husband. The Wife agrees to promptly execute such title documents
or other written instruments as may be required to trnsfer title
of this vehicle to the Wife.
(d) Personal Effects: All items of personal effects such
as, but not limited to: jewelry, luggage, sports equipment, hobby
collections and books, but not including furniture or any pro-
perty, personal or otherwise specifically disposed of pursuant to
this agreement, shall become the absolute and sole property of
that party who has had the principal use thereof or to whom the
property was given or for whom it was purchased, and each party
hereby surrenders any interest he or she may have in any such
tangible personal property of the other.
(e) Intangible Personal Property (other than Life
Insurance): All stocks, bonds, cash, and sums on deposit in
checking and saving accounts (owned by either or both parties)
have been or will be divided to the mutual satisfaction of the
parties.
(f) The parties agree that excluding their automobiles they
have incurred approximately $1,200.00 in joint debts and liabili-
ties. Each party hereby agrees to apply his or her entire 1984
Federal Tax Refund to paying off the said debts. Whatever portion
of the debts remains thereafter shall be paid 50-50 by the parties
as expeditiously as possible.
Page 1 of 16 Pages
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(g) The Husband shall be responsible for the following debts:
(1) All existing debts and liabilities incurred in his
own name prior to the separation;
(2) Farmers Trust Bank for automobile loan on 1979
Chevrolet Chevette.
(h) The Wife shall be responsible for the following debts:
(1) All existing debts and liabilities incurred in her
own name prior to the separation;
(2) Farmers Trust Bank for automobile loan on 1981
Chevrolet Citation.
(i) The parties further agree that neither will incur any
future debts for which the other may be held liable, and if either
party incurs a debt for which the other will be liable, that party
incurring such debt will hold the other harmless from any and all
liability thereon.
5. INSURANCE POLICIES:
The Husband agrees to pay the premiums and to maintain in
full force and effect Serviceman's Group Life Insurance (SGLI) on
his life payable at his death to JUSTIN HARPER. Should the
Husband leave the Armed Forces and no longer be entitled to SGLI
before the occurrence of an emancipation event as set forth in
paragraph 3(c), then the Husband agrees to purchase private
insurance on his life, in an amount equal to SGLI coverage at the
time of his loss of that coverage, naming JUSTIN HARPER as primary
beneficiary, and agrees to maintain in full force and effect such
life insurance until the occurrence of an emancipation event.
Page 8 of 16 Pages
1C.:
6. WAIVER OF ALIMONY:
In consideration of the mutual agreement of the parties
voluntarily to live separate and apart and the provisions con-
tained herein for the respective benefit of the parties and other
good and valuable consideration, each party releases and waives
unto the other any claim of right to temporary or permanent ali-
mony, support or maintenance, whether past, present o`r future.
The Wife agrees to waive any interest she may have or acquire in
her Husband's military pension or retirement income.
7. TAX MATTERS:
The parties agree to execute and file joint Federal and
State income tax returns for the year 1984 and for any subsequent
year during which they shall be Husband and Wife and entitled
under the applicable laws and regulations to file joint returns,
provided that such filing results in a lesser combined tax then
would result from separate filing. Each party shall pay that pro-
portionate share of the tax due as shall be attributable to his or
her respective earnings or income and each shall indemnify and
hold harmless the other against any liability for her or her own
Page 9 of 16 Pages
~-
proportionate share of said tax. A tax refund, if any, shall be
divided equally between the parties. After final divorce of the
parties, the parties agree that the Wife shall be entitled to
claim JUSTIN HARPER as dependent and to take any dependency exemp-
tion for JUSTIN HARPER for Federal and State income tax purposes.
8. ACCEPTANCE AND MUTUAL RELEASE:
(a) Each of the parties receives the property set apart to
them and the undertaking hereof in full and complete settlement
and release of all claims and demands of every kind, name or
nature against the other party hereto, including all liability now
or at any time hereafter existing or occurring on account of sup-
port, maintenance, alimony (temporary or permanent), dower, curt-
sey, or other allowances, either statutory or arising at common
law. After this settlement the Husband and Wife shall require
nothing whatever of the other, except as herein provided, as
though the marriage relation between them had never existed.
(b) Waiver of Claim Against Estate: The Wife agrees the
estate of the Husband shall belong to the person or persons who
would have become entitled thereto if the Wife had died during the
Page 10 of 16 Pages
~~
lifetime of the Husband; and the Wife further agrees that she will
not contest in any manner any Will of the Husband to be probated
and will allow Administration upon his personal estate to be taken
out by the person or persons who would have been entitled to do so
had the Wife died during the lifetime of the Husband. The Husband
agrees that the estate of the Wife shall belong to the persons who
would have become entitled thereto if the Husband had died during
the lifetime of the Wife; and the Husband further agrees that he
will not contest in any manner the Will of the Wife to be probated
and will allow Administration upon her personal estate to be taken
out by the person or persons who would have been entitled to do so
had the Husband died during the lifetime of the Wife.. Each party
releases to the other and to the heirs, executors, administrators
and assigns thereof all claims or rights of dower, curtsey, or
inheritance, descent, distribution, election, or alimony in and to
all property, real or personal, of the other, whether now owned or
hereafter acquired.
9. FURTHER ASSURANCES:
The parties, for themselves and their respective heirs, per-
sonal representatives and assigns, do mutually agree to join in
and execute any instruments and to do any other act or thing that
may be necessary or proper to carry into effect any part. of this
agreement, or to release any dower or other right in any property
which either of said parties may now own or hereafter acquire,
including the execution and delivery of such deeds and assurances
as may be necessary to carry out the purposes of this agreement.
Page 11 of 16 Pages
10. INCORPORATION:
With the approval of any court of competent jurisdiction in
which any divorce proceeding may now be pending or which may
hereafter be instituted, this agreement shall be incorporated in
any decree of absolute divorce which may be passed by said court.
In the event the court shall fail or decline to incorporate this
agreement or any provisions thereof in said decree, then and in
that event the parties, for themselves and their respective heirs,
personal representatives and assigns, agree that they will
nevertheless abide by and carry out all of the provisions thereof.
It is further agreed that regardless of whether said
agreement o~° any part thereof is incorporated in any such decree,
the same shall not be merged in said decree, but said agreement
and all the terms thereof shall continue to be binding upon the
parties and their respective heirs, personal representatives and
assigns.
11. INTEGRATION:
This agreement contains the entire understanding of the par-
ties. There are no representations, warranties, promises, cove-
nants or understandings other than those expressly set forth
herein.
12. PRIOR AND SUBSEQUENT AGREEMENTS:
The parties hereto hereby cancel, annul and invalidate any
and all other prior property settlements by them at any time here-
tofore made. Any subsequent modifications or additions to this
agreement shall be effective only if in writing signed by both of
the parties.
Page 12 of 16 Pages
~~
13. INDEPENDENT COUNSEL, PARTIES FULLY INFORMED:
Each party has had independent advice by counsel of his or
her own selection. Each party regards the terms of this agreement
as fair and reasonable and each has signed it freely and volun=
tarily without relying upon any representation other than those
expressly set forth herein.
14. MODIFICATION AND WAIVER:
(a) No modification or waiver by the parties of any of the
terms of this agreement shall be valid unless in writing and exe-
cuted with the same formality as .this agreement. No waiver of any
breach or default hereunder shall be deemed a waiver of any sub-
sequent breach or default.
(b) None of the provisions of this agreement shall be sub-
ject to modification by any court.
15. ENFORCEMENT:
The parties agree that they will not contact either directly
or indirectly, the Armed Forces or their Commanding Officer with
respect to the enforcement of this agreement as long as they are
in compliance with the provisions of this agreement.
Page 13 of 16 Pages `
16. SOLDIERS AND SAILORS CIVIL RELIEF ACT:
The Husband hereby agrees to waive any and all rights he may
have under the provisions of the Soldiers and Sailors Civil Relief
Act of 1940, as amended, in any subsequent action for divorce
instituted by the Wife provided that the terms of the divorce
decree will not contradict or in any way change, add to or delete
from any of the terms of this agreement. The Husband realizes
that this waiver will allow default judgement of divorce to be
entered against him in. accordance tivith the terms of this
agreement.
17. BINDING EFFECT:
All covenants, promises, stipulations, agreements, and pro-
visions contained herein shall apply to, bind and be obligatory
upon the heirs, executors, administrators, personal represen-
tatives and assigns of the parties hereto.
18. NOTICES:
For the purposes of this agreement, all notices or other com-
munications given or made hereunder shall, until written notice to
the contrary, be given or mailed to the Wife at 1934A Fry Loop
Avenue, Carlisle, Pennsylvani a 17013, and to the Husband at ~5./il/~UnL SjaT~br~
~ad D,/ n!~/ ols A1.D ~ /~/oZ _ In the event that ..either
Husband or Wife shall change his or her permanent residence, he or
shall shall forward, by registered mail notice to the other of
them within five (5) days after such change or any removal.
Page 14 of 16 Pages
/C.,-~
19. DATE OF AGREEMENT:
The effective date of this agreement
shall be the date of the Husband's signature.
IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania,
this 12th day of February 1985, set my hand and seal to this
Agreement consisting of sixteen (16) pages, this included, the
preceding pages hereof bearing my initials, and I do solemnly
declare and affirm under the penalties of perjury that the con-
tents of the foregoing document are turn and correct.
WITNESSES: i~ f--'"' (SEAL)
K MBERLY HARPER
COMMONWEALTH OF PENNSYLVANIA)
SS:
COUNTY OF CUMBERLAND )
I HEREBY CERTIFY that on this 12th day of February 1985,
before me, the subscriber, a Notary Public of the State and County
aforementioned, personally appeared KIMBERLY J. HARPER, and made
oath in due form of law under the penalties of perjury that the
matters and facts set forth in the foregoing Agreement are true
and correct and that she acknowledged that the Agreement was her
voluntary act and deed.
WITNESS my hand and Notarial seal.
(SEAL)
TARP PUBLIC
Page 15 of 16 Pages
MAAr ANNE tMItN. NOiJ1NY pUBtfC
cARUSte eon, cuNre~uNa COUNt'1'
Mr coM~ruroN ac~~t Nev. ie, ins
Miler, Pea~te~~ Attocbtttoa of Naieries
~~
IN WITNESS WHEREOF, I have at 1~,9lAL~Si~-T~>/ ,~,d~~,ry~ ,
thi s /~ day of ~,q,QG~ 1985, set my hand and seal to thi s
Agreement consisting of sixteen (16) pages, this included, the
preceding pages hereof bearing my initials, and I do solemnly
declare and affirm under the penalties of perjury that the con-
tents of the foregoing document are turn and correct.
WITNES S:
~~
~~'-6~ ~^' ( SEAL )
WILLIAM M. H RPER
STATE OF ~"j )
///~ ) SS:
COUNTY OF ~~~` ~<GU' )
I HEREBY CERTIFY that on this /~ day of ~ 1985, before
me, the subscriber, a Notary Public of the State and County afore-
mentioned, personally appeared WILLIAM M. HARPER, and made oath in
due form of law under the penalties of perjury that the matters
and facts set forth in the foregoing Agreement are true and
correct and that he acknowledged that the Agreement was his volun-
tary act and deed.
WITNESS my hand and Notarial seal.
(SEAL ) '~' "~ ''
~'~l' ~ r ~ ~ ~ -a-~
NOTARY'PUBLIC ,
Page 16 of 16 Pages
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IN THE COUEtT OF COMIt-!!dN PLEAS OF
CUf48£RLAND COt1liTY- PENNSYLVANIA
KIMt3E4Ly ;,, y~gpgg, Civil Action -Law
Petitioner, No. 1x19 Civil 1986
~, Action in Divorce
WILLZ~M M. WIRPER,
Respondent
~~ ~~
AND Nt1M- to next, thix ~~ day of r
X994, upon consideration of the :7tiQulatian of the parts a
which is attached herai;o, r+nd inGnrparated heroin by
retaresnc4, i.t is horatay
ORDRREp and UECR~SD th+~t thrt said atipulatlon i.s
approved and adaptmd as an Ordar o(' Cpuzt with full weight and
t~f[ock as ;f it hnd bean oak Earth in full haroinePter. Tho
pnrkic~a me furkhal~ ac3vil~e~1 -:hak khis c~rdar,• of court is
bindir,~ and e~nfc~rGertibir and iA nest wubjgc:k f:o modificakion
unlame ath~+ra1 n~.i prc~v i turd 1 n t.l~a pr+r, t l.Mn' ngrccmant dated
March 1l1, ~~HS, n rra~,y r,f N}ifrh fM nltcn ntl.nahod to tho
d
p.+~t,'t~r•g' ~tf,l~rulhtlbtr, .
r .~+i +,: .J...
/~ T }}~. n/rad ~dyj Cd 4 ~ ,. ..
~9tl i~~39Y~6 ~1 .~ .~•' ~, ~
x C •;~•
y ~ ~ l ~._.~e.uva~~
Th' ~ •
-6-
P~othon ~3y a •
1613~oi ~S
i ,.
l±:_,t=i°r~ulaticn.a
LN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIPil3ERLY J . HARPER,
Petitioner,
Civil Action - Law
No. 1419 Civil 1986
v.
WIL:~IAM M. HARPER,
Respondent
. Action in Divorce
STIPULATION - _-._
I
THIS STIPULATION, made this ~'~ day of ~~rc. ,
19~~4, by and between Kimberly J. Harper, now Kimberly J.
La~_3ent, Petitioner and Willliam M. Harper, Respondent, and
joined by their respective legal counsel, Stephen K. Portko,
Es<~ , and Robert I~ . Buzzendore, Esq . .
WHEREAS, Kimberly J. Harper, now Kimberly J. Largent,
(hereinafter Petitioner) is an adult individual residing at
Carlisle, Pennsylvania 17013; and
WHEREAS, William M. Harper, (hereinafter Respondent)
is an adult individual residing at 1704 Buyrn Court, Virginia
Beach, Virginia, 23456; and
WHI~REAS, Petitioner and Respondent were previously
husband and wife, having been divorced in the Court of Common
Pleas of Cumberland County, Pennsylvania, filed to the above
captioned matter; and
WHEREAS, on March 18, 1985, the parties executed a
VOLUNTARY SEPARATION AND PROPERTY SETTLEMENT AGREEMENT, as
part of their divorce action. A true and correct copy of the
aforesaid agreement is attached hereto and is incorpo:_atecf
herein by reference; and
WHEREAS, pursuant to the aforesaid agreement:~~he
parties stipulated that this Honorable Court may enter: a
decree of divorce and incorporate but not merge the a:~reement
signed by the parties; and
WHEREAS, subsequent to the execution of the aforesaid
agreement and entry of the divorce decree, certain~di~~pute~s,
differences and difficulties have arisen between the E~ari:ies
r.
regarding the amount of child support and payment of :Medical
expenses; and
WHEREAS, on June 20, 1994, Petitioner filed a Petition
for Enforcement of Agreement pursuant to 23 Pa.C.S.A. Section
3502; and
WHEREAS, on June 21, 1994, this Honorable Court
granted a rule upon Respondent to show cause why Peti-;:ioner's
prayer for relief should not be granted and in add:iti~:>n
scheduled a hearing in the matter for July 11, 19'34.
WHEREAS, on July 5, 1994, at requet of Re,sponc`.inet, the
aforesaid hearing was cancelled and rescheduled f~~r A~;~gust 12,
1994.
WHEREAS, prior to the hearing scheduled f~~r At:.gust 12,
1994, the parties hereto have reached an agreemen'~ re::olving
the issues raised in Petitioner's Petition, which agrE~ement
they desire to memorialize in written stipulation forrr..
NOW THEREFORE, the parties hereto, intend:Lng t:a be
-2-
• . ~ -- - ,
legally bound hereby, and joined in by their respecti.•,~c~~ :Le~~al
counsel, do hereby agree and stipulate as follow:
1 . The VOLUNTARY SEPARATION AND PROPERTY SET^I~EI~1Et1`P
AGREEMENT dated March 18, 1985, and executed by the part_i.e:;,
shall be incorporated into the divorce decree, but shall nc~t~
be merged, in accordance with paragraph 10 of said agreement:.
2. The current order of child support shall t~e ~;et at:
$389.64, subject to the increases as set forth in parag:ra~pY 3
of the aforesaid agreement . - ----~
3. The child support shall be made payable through an.
allotment which Respondent agrees to set up with the
Department of Navy. In the event the allotment is ter.;ni-nated,
for any reason whatsoever, the parties agree that Peti-ti.oner
may apply for and be granted a garnishment order for pu.~-pos~ss
of enforcement of the child support under 42 U.S.C. Sect:.ion
659.
4. Upon execution of this stipulation, ResponfiE:nt
agrees to immediately pay the sum of $456.00 representing tt-f~
insurance proceeds received for dental expenses for Justin,
and, further, agrees to sign and return to Petitioner any ar~:~i
all checks payable to him by DDP Delta for said orthodontia
work to Justin.
5. The parties agree to each pay one-half of the
balance of the orthodontia work not paid by the insurance,
which balance the parties acknowledge is approximately
$1400.00. The parties further agree that any and all payments
-3-
~~a~ . .
required to be made toward the balance of the orthodontia work
shall be made in a timely fashion and within 30 days of the
biling invoice from the orthodontist. Petitioner shall
immediately forward to Respondent by mail all billings so that
Respondent may pay his prorata share within the aforesaid
time period.
6. Upon the execution of this stipulation, Respondent
agrees to immediately pay to Petitioner the sum of $72.50
which represents one-half of eye care expenses of Justin. '--
7. Petitioner dCies not waive her right to request any
future reasonable and necessary medical bills to be paid by
Respondent pursuant to the parties' agreement dated March 18,
1985, and attached hereto.
The parties acknowledge and agree that
remains an ar rage for child support for th onths of
October of 1993 thr h and including J e of 1994, during
which time frame Responde t made nthly payments of $300.00
rather than the current amouyrt'~Qf $389.64. Accordingly, the
Respondent shall pay t ough his al tment request an
additional $20.00 ach month until the s 'd arrearages have
been paid in ull. The parties agree that th arrearage
balance or the aforesaid time period is 9 times $ .64 which
equals $806.76.
9. The parties hereto agree that this stipulation
shall be entered as an order of court.
IN WITNESS WHEREOF, the parties hereto have set their
-4-
_....
...
. _,_
hands and seals the day and year first above written.
Witness:
Kimberl J. Largent
`' _~ _
S ephen K. Portko, Esquire
-5-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY J. (HARPER) LARGENT,
Petitioner
v.
WILLIAM M. HARPER,
Respondent
NO. 1419 CIVIL 1986
CIVIL ACTION -LAW
ACTION IN DIVORCE
ORDER
AND NOW, this ~ ~~' day of , 2001, upon
consideration of the attached Petition for Enforcement of Agreement and upon Motion of
Michael R. Rundle, Esquire, attorney for Petitioner, a Rule is issued upon William M. Harper,
Respondent, to show cause why the prayer for relief of the within Petition should not be granted.
itule returnable at the hearing as set herein. r ; ~~
1~
Hearing is set for the _"day of , 2001, at , o'clock, ~m.
in Courtroom No. ~`, Cumberland County Courthouse, Carlisle, Pennsylvania.
Service of the within Rule upon the Respondent to be made by certified or registered
mail.
/M/InI 1 ~.tl.t.0.
~......,
07-17-01
S
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~. ~' ~ R
~ ~,'o. _ 'f r'Y..1
~ ~ .t lip
f,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY J. (HARPER) LARGENT,
Petitioner
NO. 1419 CIVIL 1986
v.
WILLIAM M. HARPER,
Respondent
CIVIL ACTION -LAW
ACTION IN DIVORCE
PETITION FOR ENFORCEMENT OF AGREEMENT
PURSUANT TO 23 Pa. C.S.A. §3502
The Petitioner, Kimberly J. Largent, formerly Kimberly J. Harper, by and through her
attorney, Michael R. Rundle, Esquire, respectfully represents that:
1. The Petitioner is Kimberly J. Largent, formerly Kimberly J. Harper, an adult
individual residing at 43 Partridge Circle, Carlisle, Cumberland County, Pennsylvania.
2. The Respondent is William M. Harper, an adult individual residing at 6564 Eagles
Nest Lane, King George, Virginia.
3. The Petitioner and the Respondent were previously husband and wife, having
been divorced in the Court of Common Pleas of Cumberland County, Pennsylvania, by an order
entered to the above term and number.
4. On March 18, 1985, the parties entered into a Voluntary Separation and Property
Settlement Agreement (hereinafter referred to as "the Agreement"), which Agreement by
stipulation of the parties and by Order of Court dated September 30, 1994 has been incorporated
into, but not merged into, the parties' divorce decree.
5. The parties are the parents of Justin Harper, born June 3, 1983.
F:\User Folder\Firm Dorn\Gendocs2001\2204-Ipetition.wpd
6. By the terms of Paragraph 3(a) of the Agreement, the Respondent was to pay
support for his son, Justin Harper, in varying amounts until the occurrence of an "Emancipation
Event."
7. An "Emancipation Event" is defined in paragraph 3(d) of the Agreement as
follows:
(d) With respect to the children, an emancipation event shall occur or be
deemed to occur upon the earliest happening of any of the following:
(1) Reaching the age of eighteen (18); except and provided that an
emancipation event shall be deferred beyond the eighteenth birthday of the
child if and so long as the child pursues full time college education with
reasonable diligence and on a normally continuous basis, and during such
time the child lacks sufficient resources to be self-supporting and is
dependent upon his parents for support; but, in this respect, in no event
shall emancipation be deferred beyond the child's twenty-second birthday;
(2) Marriage by child;
(3) Death of child.
8. Justin Harper attained the age of eighteen (18) years of age on June 3, 2001,
graduated from high school on June 6, 2001, has not married and has not died.
9. Justin Harper has applied to, been accepted by, and intends to pursue full time
college education with reasonable diligence and on a normally continuous basis at Shippensburg
University, Shippensburg, Pennsylvania.
10. Respondent William M. Harper has paid support pursuant to the terms of the
Agreement through June 6, 2001.
11. Despite the acceptance and anticipated enrollment of Justin Harper in
Shippensburg University, Respondent William M. Harper has advised the Petitioner that he will
not make further payments of support as provided for in the Agreement for Justin Harper.
12. Respondent was paying the sum of Four Hundred Fifty ($450.00) Dollars per
month prior to Justin Harper's eighteenth birthday and graduation from high school.
13. Pursuant to the terms of paragraph 3(a) of the Agreement the monthly payments
of support should be Four Hundred Sixty-seven ($467.00) Dollars per month effective February
1, 2001.
14. Respondent is in breach of the Agreement in that he has unilaterally terminated
his required payments of support for Justin Harper in the absence of the occurrence of an
"Emancipation Event."
15. Title 23 Pa. C.S.A. §3502 empowers this Honorable Court to, inter alia, award
counsel fees and costs and to find a party in breach of the Agreement in contempt of court to
compel compliance.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to issue a Rule
upon the Respondent, William M. Harper, to show cause why he should not be held in contempt
of court for breach of the Agreement and why he should not be compelled to pay the Petitioner's
reasonable attorney's fees and costs to compel compliance with the Agreement.
Respectfully submitted,
LAW OFFICE OF MICHAEL J. HANFT
y ~ t
Michael R. Rundle
Attorney I.D. No. 27768
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
Attorneys for Petitioner
VERIFICATION
Kimberly J. Largent hereby verifies that the facts set forth
in the foregoing Petition are true and correct to the best of her
knowledge, information and belief, and understands that false
statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsifications
DATE: c. pct-n-t z~ ~ o~n
,. ~. ' ri'V~ { .
~- _
s1 r, l~
~~~ ~-~ ~'y
~i1.~5~1a:::t"i~.~ ~' ': .~~
k~e~~l.~}~~~~
KIMBERLY J. (HARPER) LARGENT,
Plaintiff/Petitioner
v.
WILLIAM M. HARPER,
Defendant/Respondent
IN THE COURATDOOUNMY pE~SyLVANIA
. CUMBERLN
NO. 1419 CIVIL 1986
CIVIL ACTION-LAW
ACTION IN DIVORCE
ORDER OF COURT
2001, upon
3~5+ day of - ----=
AND NOW, this
tation and consideration of the attached Petition, it is hereby ordered and directed that the
presen
reviously scheduled for August 1, 2001 at 1:00 p.m. is continued until the _~ day
hearing p
2001, at ~~ ' ~S o'clock c~_•m• at the Cumberland
of ~ ('
County Courthouse, Carlisle, Pennsylvania in Courtroom Number
J.
e-
`~ o~
~~.3~,
KIMBERLY J. (HARPER) LARGENT,
Plaintiff/Petitioner
v.
WILLIAM M. HARPER,
Defendant/Respondent
IN THE COURT OF COMMON PLEASE OF
CUMBERLNAD COUNTY, PENNSYLVANIA
NO. 1419 CIVIL 1986
CIVIL ACTION-LAW
ACTION IN DIVORCE
PETITION FOR CONTINUANCE OF HEARING
AND NOW, comes the Petitioner, William M. Harper, by and through his counsel,
Thomas S. Diehl, Esquire, who respectfully represents the following:
1, The Defendant is William M. Harper, an adult individual currently residing at
6564 Eagles Nest Lane, King George, Virginia.
2. The Plaintiff is Kimberly J. Largent, formerly Kimberly J. Harper, an adult
individual currently residing at 43 Partridge Circle, Carlisle, Pennsylvania.
3. The parties are currently scheduled for a hearing in this matter before the
Honorable Judge Bayley on August 1, 2001 at 1:00 p.m..
4. The Defendant has a scheduling conflict that requires him to remain in the state of
Virginia at the time as the currently scheduled hearing date.
5. Plaintiffs counsel, Michael Rundle, Esquire, has been contacted regarding this
request and does not object to a continuance.
WHEREFORE, the Defendant respectfully requests this Honorable Court to issue an
Order continuing the hearing currently scheduled for August 1, 2001.
Respectfully submitted,
Date: July 31, 2001
as S. Diehl, Esquire
Attorney for the Defendant
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
i
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909
relating to unsworn falsification to authorities.
_,~
~ ~ ~~ ~
homas S. 1, Esquire
Counsel for the Defendant
CERTIFICATE OF SERVICE
I hereby certify this 31S` day of July 2001, that a true and correct copy of the foregoing
document was served on the following individual via hand-delivery:
Michael Rundle, Esquire
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013
r-
By
Ki erly L. o g
Legal Assistant
, t
IN THE COURT OF C N PENNSYLVANIA
KIMBERLY LARGENT, ;CUMBERLAND COUN ,
PLAINTIFF
V.
WILLIAM M. HARPER, gg_1419 CIVIL TERM
DEFENDANT
nQnFR OF COUBI
day of October, 2001, following a hearing on
AND NOW, this
of Kimberly Largent to enforce the suppott provisions in a marital settlement
the petition
agreement between her and William M. Harper, IT IS ORDERED:
1 There having been no "emancipation event" as that term is defined in the
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roes' marital settlement agreement dated March 18, 1985, IT IS ORDERED that
pa
father continue to pay mother contractual support each month of the year for Justin
Harper, born June 3, 1983.'
2 If Justin ceases to be a full-time undergraduate at Shippensburg University,
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the mother shall notify the father within five (5) days.
3 Justin shall arrange for all of his grades to be expeditiously forwarded to his
()
father after they are received.
4 Pursuant to the calculation of support as set forth in the marital settlement
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a reement, the father owes the mother $1,836 through the end of September, 2001.
9
The father shall pay $1,836 to the mother within fifteen (15) days of this date.
5 Commencing on October 1, 2001, the monthly support now payable by the
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father to the mother is $465.75.
'Justin graduated from high school on June 6: 2e si . On August 3`~, he became
a full-time undergraduate at Shippensburg Univ ty
n i t, i
(6) The father shall pay mother the support when due each month, in the amount
required in the marital settlement agreement, until an "emancipation event" occurs.
(7) The request of Kimberly Largent for counsel fees under the Divorce Code at
23 Pa.C.S. Section 3502(e)(7), IS DENIED.
(8) The petition of the mother to hold the father in contempt is deferred. If the
father makes the $1,836 payment, and the October monthly payment, as required by
this order, the petition shalt be automatically dismissed. Otherwise, the mother should
seek a hearing for a final adjudication of the contempt petition.
Michael R. Rundle, Esquire
For Plaintiff
Thomas Diehl, Esquire
For Defendant
DRO
By
Edgar B. Bayley, J.
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