HomeMy WebLinkAbout91-1112WILLIAM MARRY, :
Plaintiff :
CATHY A. HARRY, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. ///3~ CIVIL 1990
IN DIVORCE
NOTICE TO DEFF~D AND CLAI# RICHTS
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 may proceed without you and a
decree of 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 of your children.
When the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Office of the Prothonotary at the
Cumberland County Courthouse, One South Hanover Street, Carlisle,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pa. 17013
Telephone: (717) 240-6200
By ~for Plaintiff
701 E. King Street
Shippensburg, PA 17257
WILLIAM HARRY, :
Plaintiff :
Vo :
CATHY A. HARRY, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. /i/~-- CIVIL 1990
IN DIVORCE
~OMPLAINT IN DIVORCE
COMES NOW, the Plaintiff, William Harry, by and through his counsel,
Sally J. Winder, Esquire, and represents as follows:
1. Plaintiff is William Harry, who currently resides at 84 Old Barn
Lane, Newville, Cumberland County, Pennsylvania, since October 1985.
2. Defendant is Cathy A. Harry, who currently resides at 84 Old Barn
Lane, Newville, Cumberland County, Pennsylvania, since October 1985.
3. Both plaintiff and defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to
the filing of this Complaint.
4. The plaintiff and defendant were married on December 20, 1985, at
Carlisle, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff avers that he has been advised of the availability of
counseling sessions for both parties upon request of either party or by order
of court, and that a list of qualified professionals who provide such
counseling service is available at the Domestic Relations Office upon request.
By the filing of this Complaint, the plaintiff acknowledges having been
advised by his attorney of record of the availability of counseling sessions
and of a list of qualified professionals. Plaintiff further avers that he has
been advised that the choice of a qualified professional shall be at the
option of the plaintiff and defendant and need not be selected from the list
available upon request and, further, that arrangements for and the payment of
the services of the qualified professional shall be the responsibility of the
parties and will not be included in the docket costs of this proceeding.
8. Plaintiff requests the Court to enter a decree of divorce.
Date:
Sa~'i~ J.~inder,-Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this complaint are true and
correct to the best of my personal knowledge and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.
section 4904, relating to unsworn falsification to authorities.
Date:
William Harry
WILLIAM HARRY, :
Plaintiff :
Vs. :
CATHY A. HARRY, :
Defendant :
IN THE COURT OF C~ PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTI(~g - LAW
NO. 1112 CML 199~
1. A C~laint in divorce under Section 201(c) of the Divorce
Code ~s filed on April 3, 1991
2. The n~nrriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed frc~ the date of filing the C~L~laint.
3. I consent to the entr~ of a final decree of divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or e~nses if I do not claim th~ before
a divorce is Granted.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. § 4904, relating to unsw~rn falsification to
authorities.
Date
WILLIAM HARRY,
Plaintiff
Vs.
CATHY A. HARRY,
Defen~t
: IN ~ COURT OF CC~ PLEAS OF
CL~4BER~ CO~, PE~SYLVANIA
:
: CIVIL ACTI(~ - LAW
: b~D. 1112 CIVIL 1995
:
: IN DIVORCE
and says:
I, William Harry , k~ingduly sworn according to law, de~ses
1. I have ~n advised of the availability of marriage counseling
and understand that I may reguest t~hat t~he court require that rmy s~use and I
pa~icipate in counseling.
2. I understand that the cotuct maintains a list of n~_rriage
counselors in the Domestic Relations Office, which list is available to me
u~n request.
3. Being so advised, I do not request that the court require that
nSz spouse and I particitk~te in counseling prior to a divorce decree ~ing
handed down kry the court.
I understand t/~at false statem~nts herein are K~de subject to the
~nalties of 18 Pa.C.S. § 4904, relating to unsw~rn falsification to
authorities.
William Harry
Date:
WILLIAM HARRY, :
Plaintiff :
:
Vs. :
:
CATHY A. HARRY, :
Defep~nt :
IN THE COURT OF CC~ld[~ PLEAS OF
~ERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
NO. 1112 CIVIL 1991
1. A C~L~laint in divorce under Section 201(c) / ~S~$ of the
Divorce Code w~s filed on April 3, 1991.
2. The rmtrriage of Plaintiff and Defendant is irretrievably
broken andninetydays bmve elapsed frcm thedate of filing theCoraplaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or e~penses if I do not claim the~before
a divorce is granted.
I understand that false stat~nents herein are made subject to the
penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to
authorities.
/ -ca~y A, Harry J
WILLIAM HARRY, :
Plaintiff :
:
Vs. :
:
CATHY A. HARRY, :
Defendant :
IN THE COURT OF OC~ PLEAS OF
CUMBERLAND COUNTY, P~2qNSYLVANIA
CIVIL ACTIC~ - LAW
ND. 1112 Ci-v-IL 1991
I, Cathy A. Harry , being duly sworn accord~g to law,
deposes and says:
1. I have been advised of the availability of marriage counseling
and understand that I may request that the court require t~hat ~ry spouse and I
pe_rticipate in counseling.
2. I understand that the court maintains a list of marriage
counselors in the Domestic Relations Office, which list is available to rm~
upon request.
3. Being so advised, I do not request that the court require that
nry spouse and I participate in counseling prior to a divorce decree being
handed down by the court.
I understand tb~t false stat~nts herein are ~de subject to the
penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to
authorities.
WILLIAM HARRY, :
Plaintiff :
:
Vs. :
CATHY A. HARRY, :
Defendant :
IN THE COURT OF ~ pr.m3~S OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1112 CML 1991
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this 4th day of April, 1991, I, CATHY A. HARRY, Defendant
above, hereby accept service of the C~plaint in Divorce filed in the above
case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and
attested copy of said Complaint.
July 13,1994
Cumberland County Courthouse
Atto: Judge Bayley
Public Square
Carlisle, PA 17013
Dear Judge Bayley:
I am writing this letter to you to request your assistance on visitation of my two children, Tahatha
and Heidi.
I have tried on several occasions to arrange to see my children, but my ex-wife has refused
visitation on the grounds of allegations of concern over activities that she alleges that I engage in
and or the individuals with whom I spend time with. These are simply allegations with no proof
thereof.
Since my divorce to Cathy, I have tried very hard to become proud of who I am. I now reside in a
home in the country that I share with a friend who is also divorced. I have supported my children
since the divorce and I have held a steady job with Super Rite for the last 12 years.
The only thing I truly miss in life right now is seeing my children. When my friend has his children
visits, it causes pain to see him share his life with them and have regular visits and I am not able to
do so. I would be happy with even 2 visits per month, just anything to see them and have then get
to know me and for me to know and enjoy them.
Thank you for your time.
Sincerely, ~
Murry Harry
Enclosure: Letter from Cathy's attorney.
Robert L. O'Brien
David .4. Baric
Michael .4. Scherer
Law Offices
O'BRIEN, B~4RIC & $CHERER
155 South Hanover Street
Carlisle, Pennsylvania 17015
FAX
December 28, 1993
(?]7)
Murray Harry
205 Fleisher Road
Marysville, PA 17053
VIA CERTIFIED MAIL
RESTRICTED DELIVERY
Dear Mr. Harry:
Please be advised that I represent Cathy Harry relative to the custody of your
children, Tabatha and Heidi. My client has indicated to me that you have repeatedly
contacted her in an effort to arrange visitation with Tabatha and Heidi. Since she is
concerned about the activities you engage in when you exercise periods of visitation and
since she has concerns about the individuals who you spend time with when you visit with
your daughters, my client has requested that I prepare a Custody Agreement relative to
Tabatha and Heidi prior to any future visits you have with your daughters.
Please contact me directly, or have your attorney contact me so that we may discuss
the custody of your daughters. My client has asked me to notify you that she does not wish
to rec6ive any more telephone calls from you, nor does she wish to have any physical contact
with you in the future. Since your repeated telephone calls to her have often resulted in
your use of vulgar language toward my client, she feels that these telephone calls seriously
annoy her and serve no legitimate purpose. You should be aware that if you continue to
attempt to contact my client concerning this matter, you may in violation of Harassment
under the Crimes Code, 18 Pa C.S. Section 2709.
Please contact me at your earliest convenience so that we may discuss this matter.
Very truly yours,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer
MAS/jc
cc:
Pennsylvania State Police
1501 Commerce Avenue
Carlisle, PA 17013
Cathy Harry
File
Thomas E. Cheffins
Cour[ Administrator
Richard J. Pierce
Assistant Court Administrator
OFFICE OF COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square
Carlisle, PA. 17013-3387
(717) 240-6200
FAX (717) 240-6462
July 18, 1994
Murry Harry
205 Fleisher Road
Marysville, PA 17053
RE: Murry Harry v. Cathy Harry
Dear Mr. Harry:
I~am responding to your July 13 letter to Judge Bayley. You must file a
complaint seeking relief regarding the custody situation involving your children,
proper complaint is filed it will initially be [eferred to a conciliator,
If a
Very truly yours, . ,
Thomas E. Cheffins, Es~luire
Court Administrator
Cumberland County
TEC:saa
T~IS AC~
~t~DE AND ENTERE9 INTO this c~9~ay of ~ea , 199/, by and
between William Harry, of Cumberland County, Pennsylvania, hereinafter
called *Husband', and Cathy A. Harry, of Cumberland County, Pennsylvania,
hereinafter called "Wife",
WHEREAS, Husband and Wife were lawfully joined in marriage on December
20, 198§; and,
WHEREAS, Husband on April 3, 1991, filed a complaint in divorce pursuant
to the Divorce Code in the Court of Common Pleas of Cumberland County,
docketed to No. 1112 Civil 1991; and,
WHEREAS, the parties hereto desire to enter into e stipuletion and
agreement for equitable distribution of the marital property owned either
jointly as tenants by the entireties or individually in their o~n right but
including all property which would fall within the definition of marital
property pursuant to the Divorce Code, Section 401(e).
NOW, THEREFORE, WITNESSETH, that for and in consideration of the
premises, mutual covenants and promises hereinafter made, and intending to
be legally bound hereby, Husband and Wife do hereby contract and agree as
follows:
1. Husband and Wife declare that each has had a full and fair
opportunity to obtain independent legal advice of'his, or her selection; that
Husband has been independently represented by counsel, Sally J. Winder,
Esquire, and that Wife has been independently represented by counsel, Robert L.
property in the possession of Wife shall be the sole and separate property of
Wife. Each of the parties does hereby specifically waive, release, renounce
and forever abandon whatever claims, if any, he or she may have with respect
to any of the above items which are the sole and separate property of the
other.
5. Husband and Wife each do hereby mutually ten. se, release, quitclaim
and forever discharge the other of the estate of each other, for all time Co
come, and for all purposes whatsoever, of and from any and all rights, titles
and interest, or claims in or against the property (including income and gain
from property hereafter accruing) of the other or against the estate of such
other, of whatever nature and wheresoever situate, which he or she now has or
at any time hereafter may have against such other, the estate of such other or
any part hereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other or by way of dower or curtesy or
widowts or widower's rights, family exemption or similar allowance, or under
the intestate laws, or the right to take against the spouse's will, or the
right to treat a lifetime conveyance by the other as testamentary, or all
other rights of a surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of (a) Pennsylvania, (b) any state.
commonwealth or territory in the United States, or (c) any other country, or
any rights which Wife may have or at any time hereafter have or have for past,
present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and agreements, and
obligations of whatsoever nature arising or which may arise under this
2. Husband and Wife may and shall at all times hereafter, live separate
and apart. Each shall be free from all control, restraint, interference or
authority, direct or indirect, by the other in all respects as if he or she
were unmarried. Each may reside et such place or places es he or she may
select. Each may for his or her separate use or benefit conduct, carry on end
engage in any business, occupation, profession, or employment which to him or
her may seem advisable. This provision shell not be taken, however, to be an
admission on the pert of either Husband or Wife of the lawfulness of the
causes which led to or resulted in the continuation of their living apart.
Husband and Wife shall not molest, harass, disturb, or malign each other or
the respective families of each other or compel or attempt to compel the other
to ~ohabit or dwell by any means or in any manner whatsoever with him or her.
3. Husband and Wife presently have an equitable interest in, and husband
has title to, a certain tract of real estate and mobile home situate et 84 Old
Barn Lane, Newville, Cumberland County, Pennsylvania. Husband and Wife agree
that Husband shall transfer all of his right title and interest in and to said
real estate and mobile home to Wife. For and in consideration of said
transfer, Wife shall be solely lieble for any and all amounts due and owing on
account of eny loans secured by said real estate or mobile home, es well es
all real estate taxes due and owing and all insurance for said mobile home end
real estate.
4. Husband and Wife do hereby acknowledge that they have prior to the
execution of this agreement divided the marital personal property, including,
but without limitation, jewelry, clothes, furniture and other personalty and
hereafter Wife agrees that all of the property in possession of Husband shall
be the sole and separate property of Husband; and, Husband agrees that all
agreement or for the breach of any thereof. It is the intention of husband
and wi£e to give to each other by the execution of the agreement a full.
complete and general release with respect to any and all property of any kind
or nature, real. personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and obligations of
whatsoever nature arising or which may arise under this agreement or for the
breach of any thereof, subject, however to the implementation and satisfaction
of the conditions precedent as set forth herein above.
6. This agreement shall, except as otherwise provided herein, be bindi~
upon and inure to the benefit of the parties hereto, their respective heirs.
executors, administrators, successors or assigns.
7. Husband and Wife do hereby covenant and warrant that this agreement
contains all of the representations, promises and agreements made by either of
them to the other for the purposes set forth in the preamble; that there are
no claims, promises or representations not herein contained, either oral or
written, which shall or may be charged or enforced or enforceable unless
reduced to writin~ and signed by both of the parties~ and the waiver of any
term, condition, clause or provision of this agreement shall in no way be
deemed to be considered a waiver of any other terms, conditions, clauses or
provisions of this sgreement.
8. This agreement shall remain in full force, and effect unless and until
terminated under and pursuant to the terms of this agreement. The failure of
either party to insist upon strict performance of any of the provisions of
this agreement shall not be construed as a waiver of any subsequent default of
the same or similar nature.
9. If any term, condition, clause or provision of this agreement shall
be determined or declared to be void or invalid or otherwise, then only that
term, condition, clause or provision shall be valid and continue in full
force, effect and operation. Likewise, the failure of any party to meet her
or his oblisations under any one or more of the paragraphs, with the exception
of the satisfaction of the conditions precedent, shall in no way avoid or
alter the remainin~ obligations of the parties.
10. This a~reement shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
IN WITNESS WHFAEOP, the parties hereto have set their hands and seals the
day and year first above written. This agreement is executed in duplicate and
in ~counterparts, and Husband and Wife, as parties hereto, acknowledge the
receipt of a duly executed copy hereof.
Witness:
William Harry
ADDENDUM
The parties' Agreement of the ~Y~ day of ~dC' ,
199; is amended to provide that past due taxes on the real estate
in the amount of $481.20 already turned over to the Tax Claim
Bureau are the responsibility of the "Husband", William Harry.
To insure the repayment of this obligation, Husband agrees that
the current spousal support order in the sum of $20.00 weekly
shall continue and be paid through the County Domestic Relations
Office for the twenty-five weeks following the signing of this
Agreement and at that time, the spousal support order shall be
suspended and the "Wife", Cathy Harry shall be solely responsible
for the payment of any current and past due real estate taxes on
the r~al estate and mobile home located at 84 Old Barn Lane,
Newv~e, Cumberland County, Pennsylvania.
~ WrYnESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have affixed their hands and seals to this
Addendum this ~. ~4 day of ~C , 199~.
WITN/~, S:
WIbLIAM HARRY
WILLIAM HARRY,
V.
CATHY A. HARRY,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
: NO. 1112 CIVIL 1991
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section (201(c))
(~D/i/(~ (1) of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of ~he complaint: Defendant signed an
Acceptance of Service showing service was made on April 4, 1991.
3. (Complete either paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by Section
of the Divorce Code: by the plaintiff January 29, 1992
3anuary 29,1992
201(c)
by defendant
(b) (i) Date of execution of ~he plaintiff's affidavit required by
Section 201(d) of the Divorce Code: N/A ;
(2) Date of service of the plaintiff's affidavit upon the defendant:
N/A
4. Related claims pending: None
5. Indicate date and manner of service of the notice of intention to file
praecipe to ~ransmit record, and attach a copy of said notice under section 201
(d)(1)(i) of =he Divorce Code. N/A
Attorney for (~f~n~)
Robert L. O'Brien, (Defendant)
Esquire
OF CUMBERLAND
IN THE COURT OF COMMON PLEAS
COUNTY
STATE OF ~
PENNSYLVANIA
WILLIAM HARRY,
Plaintiff
Versus
CATHY A. HARRY,
Defendant
No. 1112 CIVIL 1091
DECREE IN
DIVORCE
AND NOW .... ~...~....."~...~..., 19.~...~-., it is ordered and
decreed that ......... ~lliam. Ha~y ............................ plaintiff,
d Cathy A. Harry 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; ~) 0 ~;2~ -