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Home My WebLink About89-3342ISWOREE PARISER, Plaintiff V. BENJAMIN PARISER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 3342-1989 CIVIL ACTION IN DIVORCE PETITION TO MODIFY ALIMONY NOW comes, Petitioner, Isworee Pariser, by and through her counsel, Karl E. Rominger, Esquire and requests that this Honorable Court grant a Modification on Alimony for the following reasons: 1. Petitioner is an adult individual currently residing at 31 Bently Place, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is an adult individual believed to be residing in Cumberland County, PA, 17013. 3. On the 7 h day of October, 2002, Petitioner was granted alimony in the amount of $500.00 per month, by the Honorable Kevin A. Hess. The Order is attached as Exhibit "A". 4. The bases for the $500.00 per month, was a drop in Respondents income and loss of medical license. 5. Petitioner is entitled to a modification of an existing alimony order because of the following material and substantial changes: (A). Petitioner has recently discovered that Respondent is gainfully employed as a doctor again, believed to be working at the United States Army War College, his income is unknown but believed to be substantially more then when alimony was last set. (B). Petitioner has gained part-time employment at the United States Army War College in the food service/cafeteria department checking people out. (C). Petitioner's wage is $9.15 per hour and she averages approximately twenty- five (25) hours per week. (D). Petitioner has recently had health issues which make it impossible for her to find more employment. (E). The current alimony amount being paid is a significant financial drain on Petitioner. (F). The equities of the situation have changed greatly and Respondent should be liable for additional sums of alimony to be determined after hearing. WHEREFORE, Petitioner prays this Honorable Court schedule a hearing to modify the existing Alimony Order. Respectfully submitted, Rominger & Associates Date: June 24, 2008 Kar . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner ISWOREE PARISER, : COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 334fd-19W CIVIL ACTION BENJAMIN PARISER, Defendant : IN DIVORCE VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: 6 Z 3- 0 8 m nn ' . , lJa?c? Isworee Pariser, Petitioner/Plaintiff ISWOREE PARISER, Plaintiff V. BENJAMIN PARISER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 3342-1989 CIVIL ACTION : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Petition to Modify Alimony upon the following by depositing the same in the United Sates Mail, first class, postage pre-paid, addressed as follows: Hubert X. Girloy, Esquire 10 East High Street Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Associates Date: June 24, 2008 . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner C)tz o BENJAMIN J. PARISER, Plaintiff Vs. ISHWOREE M. PARISER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3342 CIVIL 1989 CIVIL ACTION - LAW IN RE: MOTION TO REINSTATE ALIMONY AND MOTION TO TERMINATE ALIMONY ORDER AND NOW, this ' day of October, 2002, the motion of the defendant to reinstate alimony is GRANTED and the plaintiff is directed to pay to the defendant the sum of $500.00 per month as alimony effective May of 2002. The motion of the plaintiff to terminate alimony is DENIED. BY THE COURT, Hubert X. Gilroy, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant :rim { G7x1je ?" b i+ . j ? Z W a Q F y W V " p I ? It i Q X W w Q, a p H D . ? 4) 71 a ' z • :.... W 1 _ ?, .? N .N ' W ,? ,..a 1 ... a .* Z ? O y z Z - ? D U :, 4 ? a p i z tu a U W c s ' 0 Z Q U ? W A ?.i d g?" U N h - N N eh 31V4 Ol aV3A 1N3aano _,, - 7 - 5 t 77 y k r U6 r - I ?: 1 YI p -'r O -- LL U < F P T be t O O ?jj 00 i Z , <- ? -' z a a - ? D : • t ,_ T 09 O ? a W 0 F -.. ? p O z w '3 t? U mm ., I z i Y ¢ 4 u ? 6 d s. y / ? 1 F' l Z a D ^y I s V ? U V i U 5 U - 6 S30NYI" Q f `? - 2100V a3Sn u AlIVnNIN 03dWOIS3 E a U O a 1 LLJ Q ` ? Q JJ J. H I Z U U U U U *0 a8 ad .-h 0.4 ?w !4 b ? ? *" rt 1. lWL ?H ? V V y J J r • w • a tt ; a U&°W M? ? N J J , p ^1 '^ ?: ? <<z III H 6 i w ..i w OL U # MOO- ix a ° x U a O Z s e p f J U c? • a O z a w U 1y 1 m -.# c - U 4 Z h.. z g _ f w ? l 31V 1J?OI1V 3 J z I Q v 3 & c c J N, ¢U U U Zu c ? nlldnNN'd ? "'> ? ?j ? tIOOV 43Sn U 43t101S3t1 U O < i ? ? rt Jr _ t"y3 71 .Y d:.... ' w f 3 -`yg? e + may. JUN 3 S ISWOREE PARISEF, : COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 3342-1989 CIVIL ACTION BENJAMIN PARISER, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this c day of , 2008, upon consideration of the within Petition to Modify Alimony, a hearing is scheduled for the day of 2008, at ' 3J (, o'clock _j'?9.M., in Courtroom # y at the Cumberland County Courthouse, Carlisle, Pennsylvania. /Distribution: ? Karl E. Rominger Esquire 155 South Hanover Street /Carlisle, Pennsylvania 17013 ? Hubert X. Gilroy, Esquire 10 East High Street Carlisle, Pennsylvania 17013 J. l 13T t ES rn-t? t LL I FX.ES1C6ents\13100 Periscr113100. Leas 1/tde Revised: 7/22/08 MOW Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ISWOREE PARISER, Plaintiff/Petitioner V. BENJAMIN PARISER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3342-1989 CIVIL ACTION - LAW IN DIVORCE ANSWER TO PETITION TO MODIFY ALIMONY AND COUNTER PETITION TO REDUCE AND/OR TERMINATE ALIMONY Defendant, Benjamin Pariser (hereinafter, "Respondent"), by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, sets forth the following in response to the Petition to Modify Alimony: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The basis for the Alimony Order was as set forth in the Opinion of Judge Hess, a copy of which is attached hereto and marked as Exhibit "A." 5. Denied. Petitioner is not entitled to a modification of the existing alimony and, in fact, circumstances are such that the Order should be reduced and/or terminated. WHEREFORE, Respondent requests Your Honorable Court to dismiss the Petition to Modify Alimony filed by Petitioner, Isworee Pariser. PETITION TO REDUCE AND/OR TERMINATE ALIMONY 6. The allegations as set forth in Paragraphs 1 - 5 above are incorporated herein by reference thereto. 7. Except for a brief period of time when the Alimony Order was suspended, Respondent has been paying the Petitioner alimony or alimony pendente lite since July 19, 1993. 8. Since the last time this case has been before the Court, Petitioner has now started working and her circumstances have changed such that there is no longer a need for alimony or in need for the amount of $500.00 per month. 9. The current status of the law in Cumberland County has changed since the prior decisions in this case, with the Court giving a clear indication that indeterminate alimony is not required (see Mislitsky v. Mislitsky, Cumberland County, 2001-4676). WHEREFORE, Respondent requests Your Honorable Court to terminate the alimony award entered in this case or, in the alternative, reduce it from $500.00 per month to a more appropriate amount. MARTSON LAW OFFICES By 111?4 VJ Hubert X. Gilroy, squire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant/Respondent Date:-? Benjamin Pariser [ c;? 'TI fig.:;: f ISWOREE PARISER, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3342-1989 CIVIL ACTION - LAW BENJAMIN PARISER, Defendant/Respondent : IN DIVORCE ORDER ?.. j- 2008, upon consideration of the AND NOW, this 3 day of Defendant/Respondent's Petition to terminate/modify the alimony award issued in the above case, at the hearing on Defendant/Respondent's Petition is set for the 17 day of Septembr, 2008, 1:30 p.m., in Courtroom No. 4 of the Cumberland County Courthouse, CarlislePennsylvania. Modify Defendant/Respondent's request shall be heard at the same time as the Alimony of Plaintiff/Petitioner. BY THE COURT, -A kl- J. cc: /Karl E. Rominger, Esquire - Attorney for Plaint /Petioner nt Hubert X. Gilroy, Esquire - Attorney for Defendant/Respond 040f I es fyja 3 ?/08 4 ? ?, ,, ,? p?,3 fy. ?f?"?,`;l > y0. ?' '? r?'? :??? :`,'{?? ? -1?.1? ?, , ??`?`}?= ISHWOREE M. PARISER, Plaintiff VS. BENJAMIN J. PARISER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1989 - 3342 CIVIL IN RE: MOTION TO MODIFY ALIMONY ORDER AND NOW, this z G ` day of September, 2008, the court finding no material change in the circumstances of the parties, their cross-motions for modification of alimony are DENIED. BY THE COURT, Carl E. Rominger, Esquire For the Plaintiff /ubert X. Gilroy, Esquire For the Defendant J :rlm ,a? ? A r 2 ?i f .;s?, Al BENJAMIN PARISER, Plaintiff/Respondent VS. ISWOREE PARISER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 89-3342 CIVIL TERM IN DIVORCE PACSES CASE: 160000022 ORDER OF COURT rU °- ~ a :,, r~ ~- -r, Cam. ~ ~T ` ~~ '- ' -n . t ~' ~ - r. r-- ~: N • ~ = . C-~ ~ rrs ~ ~ AND NOW to wit, this 17th day of February, 2010, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter pursuant to the parties' Agreement to Terminate Alimony attached. The Alimony account is closed with a zero balance. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. BY THE COURT: Bert asland, J. DRO: R.J. Shadday xc: Petitioner Respondent Hubert X. Gilroy, Esq. Karl E. Rominger, Esq. Service Type: M Form 0E-001 Worker: 21005 FaFILES~Clients~ 13100 PariserU 3100. I .Agreemendtde Revised: I%19.10 9:44AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BENJAMIN PARISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 3342-1989 CIVIL ACTION -LAW ISWOREE PARISER, Defendant AGREEMENT TO TERMINATE ALIMONY This Agreement made this ~~day of January, 2010, between Benj amin J. Pariser (Plaintiff) and Isworee Pariser (Defendant). WITNESSETH WHEREAS, there currently exists in the above captioned matter an alimony obligation payable by Plaintiff to Defendant in the amount of $500.00 per month; and WHEREAS, Plaintiff is current on said alimony obligation through January 2010; and WHEREAS, the parties desire to reach a final resolution of all matters relating to the alimony obligation from Plaintiff to Defendant and all matters involving the parties by virtue of Plaintiff making a lump sum payment to Defendant in complete satisfaction of all obligations, and WHEREAS, the parties set forth herein their various agreements in connection with this matter. NOW, THEREFORE, in consideration of these presents and the mutual terms and provisions hereof and intending to be legally bounded hereby, the parties agree as follows: Plaintiff agrees to pay to Defendant the sum of $50,000.00, the payment of which is hereby acknowledged by virtue of a payment by Plaintiff's counsel, Hubert X. Gilroy, Esquire, to Defendant's counsel, Karl E. Rominger, Esquire. 2. The payment as set forth in paragraph 1 represents a complete satis faction of any and all alimony obligations Plaintiff has to Defendant at the above captioned term and number. 3. For purposes of the payment as made and set forth in paragraph 1 above, said payment shall not be deemed to be income to Defendant and Plaintiff shall not in any way attempt to deduct said payment as an alimony expense on Plaintiff s income tax return. The parties acknowledge that the intent of this payment is to resolve any and all disputes between the parties relating to alimony claims or otherwise and it is not the intention of the parties that this payment be construed by the Internal Revenue Services or other taxing bodies as an alimony payment from Plaintiff to Defendant. 4. The parties agree that this agreement may be filed with the Cumberland County Domestic Relations Office and shall constitute authorization for the Cumberland County Domestic Relations Office to terminate and mark satisfied Plaintiff s alimony obligation to the Defendant at the above term and number or at any other docket number administered by the Domestic Relations Office. 5. The parties also acknowledge that this agreement may be filed with the Court and the Court, upon presentation of this agreement, may enter an appropriate Order terminating Defendant's alimony claim against Plaintiff. 6. It is the intention of the parties that Defendant's alimony claim against Plaintiff is terminated as a result of this agreement and Defendant does not retain any rights to file any petition to reinstate any alimony claim or to file any further petitions at the above captioned term and number making any claims against the Plaintiff. 7. This agreement shall constitute a mutual release between the parties, and each party hereby releases the other party from any all claims relating to the above captioned divorce or any rights accruing to the parties through the above captioned term and number. Additionally, each party waives any and all claims, known and unknown, they may have against each other, it being the intent of this agreement that it shall constitute a mutual, complete and general release agreement between the parties for any and all matters. The parties acknowledge that this agreement shall be binding upon the parties, their heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above written. WITNESS: Hubert X. Gilroy squire Karl ominger, Esquire ~~ Benjamin ariser IrJ~_-,r~-yc Isworee Pariser COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the ~~~ day of January, 2010, before me, a Notary Public in and for the County of Cumberland, Commonwealth of Pennsylvania, the undersigned officer, personally appeared Benjamin Pariser, 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. COMMONWEALTH OF PENNSYLVANIA Notarial SCI Public ` Shelly Brooks, Notary ~/ Cairifsle Bono, Cumberiand County MY Commfasion Expires AW 5, 2013 Member, PannayNania Assodatla+of Notaries Otary b11C COMMONWEALTH OF PE~viVTSYLVANIA COUNTY OF CUMBERLAND ss On this, the ~ day of~ yru~~2 10, before me, a Notary Public in and for the Coun of ty Cumberland, Commonwealth of Pennsylvania, the undersigned officer, personally appeared Isworee Pariser, known to me (or satisfactorily proven) to bet person whose name is subscribed to the within instrument, and acknowledged that she execute tyl~l e same for t~iposes therein contained. CO~gN-OWWEALTH OF NNSYLVANIA ~ ;' Notarial Seel Tamrrt~ L. Peters. Not~rPubpc ~°'~`~ ~~ Notary Public My Cartnissia- E~ires Sept 9, Membx. Panray+va~ Aasodatlrorr of NoterNa ., r , F:'~flLES\Clirnts~ 13100 Parisa\ 13100. LAgrxmrndtde Rovised: I/19!10 9:44AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ~fLEi~-u~FlGE 2010 FE13 17 Pi~l 2~ 4 S C~~Pv' _: y~; ~.~if~~'il.' ~ _.I s , , I_i~ ,r ~ ;,, BENJAMIN PARISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 3342-1989 CIVIL ACTION -LAW ISWOREE PARISER, Defendant AGREEMENT TO TERMINATE ALIMONY This Agreement made this ~l~ ~yday of January, 2010, between Benjamin J. Pariser (Plaintiff) and Isworee Pariser (Defendant). WITNESSETH WHEREAS, there currently exists in the above captioned matter an alimony obligation payable by Plaintiff to Defendant in the amount of $500.00 per month; and WHEREAS, Plaintiff is current on said alimony obligation through January 2010; and WHEREAS, the parties desire to reach a final resolution of all matters relating to the alimony obligation from Plaintiff to Defendant and all matters involving the parties by virtue of Plaintiff making a lump sum payment to Defendant in complete satisfaction of all obligations, and WHEREAS, the parties set forth herein their various agreements in connection with this matter. NOW, THEREFORE, in consideration of these presents and the mutual terms and provisions hereof and intending to be legally bounded hereby, the parties agree as follows: Plaintiff agrees to pay to Defendant the sum of $50,000.00, the payment of which is hereby acknowledged by virtue of a payment by Plaintiff s counsel, Hubert X. Gilroy, Esquire, to Defendant's counsel, Karl E. Rominger, Esquire. 2. The payment as set forth in paragraph 1 represents a complete satisfaction of any and all alimony obligations Plaintiff has to Defendant at the above captioned term and number. 3. For purposes of the payment as made and set forth in paragraph 1 above, said payment shall not be deemed to be income to Defendant and Plaintiff shall not in any way attempt to deduct said payment as an alimony expense on Plaintiff s income tax return. The parties acknowledge that the intent of this payment is to resolve any and all disputes between the parties relating to alimony claims or otherwise and it is not the intention of the parties that this pa}~rnent be construed by the Internal Revenue Services or other taxing bodies as an alimony payment from Plaintiff to Defendant. 4. The parties agree that this agreement may be filed with the Cumberland County Domestic Relations Office and shall constitute authorization for the Cumberland County Domestic Relations Office to terminate and mark satisfied Plaintiff s alimony obligation to the Defendant at the above term and number or at any other docket number administered by the Domestic Relations Office. 5. The parties also acknowledge that this agreement may be filed with the Court and the Court, upon presentation of this agreement, may enter an appropriate Order terminating Defendant's alimony claim against Plaintiff. 6. It is the intention of the parties that Defendant's alimony claim against Plaintiff is terminated as a result of this agreement and Defendant does not retain any rights to file any petition to reinstate any alimony claim or to file any further petitions at the above captioned term and number making any claims against the Plaintiff. 7. This agreement shall constitute a mutual release between the parties, and each party hereby releases the other party from any all claims relating to the above captioned divorce or any rights accruing to the parties through the above captioned term and number. Additionally, each party waives any and all claims, known and unknown, they may have against each other, it being the intent of this agreement that it shall constitute a mutual, complete and general release agreement between the parties for any and all matters. .' :• ,Y . The parties acknowledge that this agreement shall be binding upon the parties, their heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above written. WITNESS: Hubert X Benj ~ ~+ ~ Karl ominger, Esquire Isworee Pariser COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the / U ' day of January, 2010, before me, a Notary Public in and for the County of Cumberland, Commonwealth of Pennsylvania, the undersigned officer, personally appeared Benjamin Pariser, 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. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shelly Brooks, Notary PubUc Carlisle Boro, Cumberland County My Commission Expires /tup. 5, 2013 Member, Pennsylvania Aasociatlon of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the day of ~ 2010, before me, a Notary Public in and for the County of Cumberland, ommonwealth of Pe ylvania, the undersigned officer, personally appeared Isworee Pariser, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she execut the same for the p oses therein contained. connMONw~ALi s~~v~ww ~ ~ Notary Pu is ~Mocmml~cxt E>spireeSept ~1 Member, PennsylvarNa Assooiatlon of Nobrles