HomeMy WebLinkAbout06-1898
BARBARA ANN WEAVER,
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v,
: CIVIL ACTION - LA W
: NO: 06' - lf7'f C~ uJ ~8L1
KENNARD R. WEAVER, JR,
Defendant
PETITION TO DOCKET DIVORCE DECREE AND MARTIAL SETTLEMENT
AGREEMENT AND SCHEDULE A HEARING TO ENFORCE MARTIAL
SETTLEMENT AGREEMENT
AND NOW, comes Barbara Ann Weaver, Plaintiff by and through her privately
retained counsel, Karl E. Rominger, and in support of her Petition to Docket Divorce Decree and
Marital Settlement Agreement avers as follows:
COUNT I. PETITION TO DOCKET DIVORCE DECREE AND
MARITAL SETTLEMENTAGREEMENT
1. Your petitioner and defendant obtained a Divorce Decree from Fayette County on
May 4, 1999. Exhibit "A". A Marital Settlement Agreement was entered into on
April 13, 1999 in Fayette County, Pennsylvania.
2. The Marital Settlement Agreement was filed with the Fayette County Court on
April 29, 1999, Attached as Exhibit "B".
3. This Honorable Court has jurisdiction to hear this Petition because petitioner is a
resident of Carlisle, Pennsylvania and the mobile home in question is located and
titled in Cumberland County.
4. Paragraph 16 of the Marital Settlement Agreement states that "This Agreement is
enforceable under the laws of the Commonwealth of Pennsylvania.
WHEREFORE, your petitioner respectfully requests that this Honorable Court docket the
Divorce Decree and Marital Settlement Agreement in the Cumberland County Court of Common
Pleas and schedule a hearing to enforce the Martial Settlement Agreement.
COUNT II. ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT
5. Previous paragraphs are incorporated by reference.
6. At the time of the signing of the Marital Settlement Agreement, Husband
conveyed all right, title and interest in a 1991 Skyline mobile home and agreed to
sign and execute any and all documents to transfer into Wife's name once the loan
on the mobile home was paid.
7. The aforementioned loan was paid in full and your petitioner received notice of
full payment from PNC Bank on October 27, 2003, Exhibit "c"
8. Your petitioner continued to reside in the mobile home after the loan was fully
paid.
9. On or around September, 2005, your petitioner decided to sell the mobile home
and undersigned counsel's office sent a letter to Defendant requesting that he set
up a time to sign the title over to petitioner. Exhibit "D"
1 O. Defendant never responded to the aforementioned letter and undersigned counsel
sent another letter on November] 0, 2005, requesting that Defendant contact his
office to make arrangements to execute the title, The Defendant did respond with
a telephone call to undersigned counsel and agreed to sign and return the title if it
was mailed to him.
II, On November 23,2005, counsel mailed a letter to Defendant along with the title
to be signed, notarized and returned to his office. Exhibit "E"
12. Defendant contacted undersigned counsel's office and said that he never received
the title referenced to in paragraph I 0 and since the same was not sent certitied
mail, there was no way undersigned counsel could prove otherwise.
13. Petitioner's counsel contacted Pennsylvania Department of Transportation and
was told that if Defendant would sign a Power of Attorney for Petitioner a
substitute title could be obtained.
14. On February 6, 2006. Petitioner's counsel sent to Defendant a letter along with a
Power of Attorney to be signed, notarized and returned. The same was sent
certified maillreturn receipt requested. Exhibit "F"
15, To this date, March 22, 2006, Defendant has not returned the signed title to
petitioner's counsel nor has he returned the signed Power of Attorney allowing
Petitioner to obtain a substitute title. Therefore, Defendant is in blatant contempt
of the Marital Settlement Agreement.
16. Your petitioner has been paying for the lot rent for the mobile home along with a
mortgage payment. Without the signed title, she is unable to sell the mobile
home.
17. Pursuant to the Marital Settlement Agreement any breach of contract by either
party could be dealt with in a Court of the Commonwealth of Pennsylvania by the
affected party sueing the breaching party for damages as well as attorney fees and
other applicable fees. See paragraph 12 of the Marital Settlement Agreement.
18. Defendant has breached the contract by not signing the title to the mobile home
nor the Power of Attorney allowing Petitioner to obtain a substitute title.
WHEREFORE, your petitioner respectfully requests that this Honorable Court
schedule a hearing to enforce the Marital Settlement Agreement and award petitioner attorney
fees and grant any other relief this Court deems appropriate and order Respondent to execute the
necessary documents to effectuate the Marital Settlement Agreement.
Date: /~, ...~ 4 J ~ 20d 6'
,
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
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Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Petitioner
BARBARA ANN WEAVER,
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
KENNARD R. WEAVER, JR.
Defendant
:NO:
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day
served a copy of the Petition to Docket Divorce and Martial Settlement Agreement on the
following by depositing same in the United States Mail, first class postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Kenard Weaver
P.O. Box 303
Stockdale, P A 15483
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Dated:/.L
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Respectfully submitted,
ROMINGER, BAYLEY & WHARE
/
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff/Petitioner
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~n tip O!ourt of O!oron }too of ~aUttu OIountu, JtmnsUlbania
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KENNARD
R WEAVERjJR
PLAINTIFF I
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ANN WEAVtR
DEFENDANr
CIVIL DMSION
No. 964 of 199B, G.D.
BARBARA
AND NOW, this
it is ordered and decreed tha
plaintiff and BARBARA A
the bonds of matrimony.
DECREE
day of M~
KENNARD R WEAVER JR
N WEAVER
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, 19'1 if .
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, defendant are divorced from
ANY EXISTING pousal support order shall hereafter be deemed an order for alimony
pendente lite if any econo . claims remain pending.
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THE COURT ret s jurisdiction of any claims raised by the parties to this action for
which a fInal order bas not et been entered.
THE COURT her by incorporates by reference the terms of the parties' separation
agreement filed of record t the above number and term.
J.
Now,
I hereby certify the foregoing to be
a true and correct extract from the
record.
Prothonotary
Ex-L'bi't. If;) /J
10 39\1d
3~I~~O ^~\110NOH10~d
SSSP0EPPU
L0:90 900G/EG/E0
IN THE COURT OF COMMON PLEAS OF
FAYETTE COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KENNARD R. WEAVER, JR.,
Plaintiff,
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BARBARA ANN WEAVER,
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Defendant.
NO. 964 OF 1998, G.D.
MARITAL SETTLEMENT AGREEMENT
; '? I 1 I
/0+ - day of /1 Df I ,1999,
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Between
BARBARA A. WEAVER, of 85 Betty Nelson Court, Lot No. 156, Carlisle,
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MADE this
Cumberlal\~County, Pennsylvania 17013, hereinafter "WIFE";
And
KENNARD R, WEAVER, of R.D. 1, Box 196, Dunbar, Fayette County,
Pennsylvania 15431, hereinafter "HUSBAND";
WHEREAS, the parties hereto have been married for approximately seven (7)
years, having been married on February 4, 1992.
WHEREAS, Husband and Wife have become estranged and have for some time
been living separately and apart from each other, and have agreed to live separately
and apart during the rest of their lives; and
WHEREAS, Husband has announced his intention to seek a divorce in the Court
of Common pleas of Fayette County at Docket Number 964 of 1998, G.D.
WHEREAS, the parties desire to confirm their separation and make
arrangements in connection therewith, including the settlement of their property rights
and other rights and obligations growing out of the marriage and family relationship.
NOW, THEREFORE, in consideration of the mutual covenants herein contained
and with the intent to be legally bound hereby, the parties hereto agree as follows:
1. Whereas Clauses, All the whereas clauses are incorporated herein by
reference.
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2. Separation. Each party may at all times hereafter live separately and
apart from the other party at such place or places as he or she may from time to time
select.
3. Real Estate. None.
4. Automobiles. Husband shall retain the 1977 Ford F-150 truck now in
his possession and titled in his name. Wife hereby transfers any interest she has in the
motor vehicle to be retained by Husband, and Wife shall execute the certificate of title,
or any other document, necessary to effect this transfer on the date hereof, or on some
other mutually agreeable date. Wife shall retain the 1984 ford Bronco now in her
possession and titled in her name. Husband hereby transfers any interest he has in the
motor vehicle to be retained by Wife, and Husband shall execute the certificate of title,
or any other document, necessary to effect this transfer on the date hereof, or on some
other mutually agreeable date.
Mobile Home. At the signing of this Agreement, Husband hereby
conveys all his right, title, and interest to the 1991 Skyline 74 x 14 mobile home to
Wife now jointly owned by Husband and Wife presently located at 85 Betty Nelson
Court, Lot No. 156, Carlisle, Cumberland County, Pennsylvania 17013, Husband
agrees to formally transfer the title to Wife and to sign whatever documents are
necessary to formally transfer the title to Wife when the present loan is paid in full.
Wife agrees to continue to make the loan payments on the mobile home until paid and
indemnify and hold harmless Husband in regard to this loan.
5. Furniture. Furnishings and Other Joint Property. Husband and Wife
have divided between them, to their mutual satisfaction, the personal effects, household
furniture and furnishings, and all other personal property which have heretofore been
used by them in common, or which are now their marital property, and neither shall
make any claim to any such items which are now in the possession of or under the
control of the other.
6. Retention of Personal Effects. Each party shall be entitled to keep his or
her own personal effects and property not otherwise provided for herein, including bLtt
not limited to, any property acquired by either party since their separation and neither
party will make any claim to such other property of the other party.
7. Waiver of Right to Counsel Fees and Costs. Husband waives his right to
counsel fees and costs; Wife waives her right to counsel fees and costs for the divorce.
8. Alimonv. Husband waives his right to alimony; wife waives her right to
alimony.
9. Income Tax, The parties agree to file separate tax returns for 1998 and
shall be individually entitled to any proceeds that are due to them individually. Any
prior liabilities regarding taxes shall be borne by the respective parties. The parties
agree to indemnify and hold harmless the other party for any liability incurred
regarding their individual tax liability,
10. Debts-Generallv. All debts, contracts, obligations or liabilities incurred
at any time in the past or future by either of the parties will be paid promptly by said
party, unless and except as otherwise specifically set forth in this Agreement; and each
of the parties hereto further promises, covenants and agrees that each will now and at
all times hereafter hold harmless and keep the other or his or her estate indemnified
and held harmless from all debts or liabilities incurred by him or her, as the case may
be, and frotri'. aU actions, claims and demands whatsoever with respect thereto, and
from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such
actions, claims and demands. Neither party shall, after the date of this Agreement,
contract or incur any debt or liability for which the other or his or her property might
be responsible, and shall indemnify and hold harmless the other from any and all
claims or demands made against her or him by reason of debts or obligations incurred
by her or him and from all costs, legal costs and counsel fees unless provided to the
contrary herein.
11. Release of Other Claims. Subject to the provisions of this Agreement,
each party does hereby release and discharge the other of and from all causes of action,
claims, rights or demands whatsoever, which either of the parties ever had or now has
against the other, except for any cause of action for divorce.
12. Remedies in the Event of Breach. If either party breaches any provision
of this agreement, the other party shall have the right to sue for damages for such
breach, or to seek such other remedies or relief as may be available. In the event that
either party breaches any of the provisions of this Agreement and the other party
retains counsel to assist in enforcing the terms hereof, the parties hereby agree that the
breaching party will pay all attorney's fees, court costs and expenses incurred by the
other party in enforcing this Agreement.
13. Effect and Modification of A:i'reement. This Agreement supersedes all
prior agreements and understandings between the parties, whether verbal or written,
and may be modified only by a written agreement signed by both parties. 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
notice.
14. Advice of Counsel. The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective counsel. Each party
acknowledges that he or she has received independent legal advice from counsel of his
or her selection and that each fully understands the facts and has been fully informed
as to his or her legal rights and obligations and each party acknowledges and accepts
that this Agreement is, under the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any collusion or
improper or illegal agreement or agreements. Also, each party hereto acknowledges
that he or she has been fully advised by his or her respective attorney of the impact of
the Pennsylvania Divorce Reform Act, whereby the court has the right and duty to
determine all marital rights of the parties including divorce, alimony, alimony pendente
lite, equitable distribution of all marital property or property owned or possessed
individually by the other, counsel fees and costs of litigation and, fully knowing the
same and being fully advised of his or her rights thereunder, each party hereto still
desires to execute this Agreement acknowledging that the terms and conditions set forth
herein are fair, just and equitable to each of the parties and waives their respective
right to have the Court of Common Pleas of Fayette County or any other court of
competent jurisdiction to make any determination or order affecting the respective
parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all
marital property, counsel fees and costs of litigation.
15. Incorporated in Divorce Decree, The parties agree that the terms of this
Agreement shall be incorporated by reference, but shall not be deemed merged, into
any divorce decree which may be entered with respect to them. This agreement shall
survive any divorce decree and shall be entirely independent thereof. The parties
further agree that the court of Common Pleas which may enter such divorce decree
shall retain continuing jurisdiction over the parties and the subject of this Agreement
for the purposes of enforcement of any of the provisions hereof,
16. GoverninS?: Law. This Agreement shall be construed and enforced under
the laws of the Commonwealth of Pennsylvania.
17. Disclosure of Assets, The respective parties do hereby warrant,
represent and declare and do acknowledge and agree that each is and has been fully
and completely informed of and is familiar with and cognizant of the wealth, rear
and/ or personal property, estate and assets, earnings and income of the other and that
each has made a full and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this Agreement is hereby
specifically waived, and the parties do not wish to make or append hereto any further
enumeration or statement. Each of the parties hereto further covenants and agrees for
himself and herself and his or her heirs, executors, administrators and assigns, that he
or she will never at any time hereafter sue the other party or his or her heirs,
executors, administrators or assigns, in any action or contention, direct or indirect, that
there was any absence or lack of full disclosure, fraud, duress, undue influence, or that
there was any absence or lack of full, proper and independent representation.
18,' Affidavits of Consent. The parties agree that simultaneous with the
execution of this Agreement they will sign and have duly acknowledged an Affidavit of
consent to a divorce under Section 3301 (c) of the Pennsylvania Divorce code of 1980
and that they shall direct their respective counsel to immediately file with the court said
affidavit. Husband agrees that he shall direct his counsel to immediately file with the
court a decree for divorce from the bonds of matrimony submitting with the decree a
copy of this Agreement.
19. Miscellaneous. The obligations of this Agreement shall be binding upon,
and the benefits of this Agreement shall inure to, the parties, their heirs, personal
representatives and assigns. The use of headings for each paragraph hereof is for the
convenience of the parties, and said headings in no way define limit or describe the
substance of this Agreement or the intent of the parties.
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF FAYETTE )
On this, the fl~dayof OWJ~~ ,1999, before me,
the undersigned authority, presently appea;::;!d KENNARD R. WEAVER, 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 have hereunto set my hand and official seal.
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Notary Public
My commission expires:
NOTARIAL SEAL
CHARLENE M. 8URLOCK. Notary Public
UNIONTOWN, FAYETTE COUNTY, PA.
My Commission Expires September 30, 2000
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals
the day and year first above written, This Agreement is executed in duplicate, and Wife
and Husband, as parties hereto, acknowledge the receipt of a duly executed copy
hereof.
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"Wife"
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Witness
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Kennard R. Weaver
"Husband"
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
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On this, the day of r I~-' t . I , 1999, before me,
the undersigned authority, presently appeared BARBARA A. WEAVER, 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 WHEREOF, r have hlireunto set my hand ar-o-fficial seal.
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Notary ~blic
My commission expires:
NOTARIAL SEAL
DENISE PINAMO,\JTI. Notary Public
Ca.rlisle Borough. Cumberland County
My CO~~~SIC~~ E~p~~~~~v. 20,-2600
0PNCBAN<
October 27, 2003
KENNARD R WEAVER
BARBARA A VERA
85 BETTY NELSON COURT
LOT 156
CARLISLE, PA 17013
Important Information About Your Loan
Account Number: 30.2.3009303354
Dear KENNARD R WEAVER and BARBARA A VERA:
Thank you for completing payment on your PNC Bank loan. Your loan is now 'paid.in-ful\" and our
records have been updated to reflect this fact.
For additional information about your paid loan, please call us at 1.888.762.2265. Financial
service representatives are available to serve you any time, day or night. Once again, thank you for
completing repayment of your loan.
Thank You,
Operatio1ls Manager
PNC Bank
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EQUALIWUSING
LENDER
September 2, 2005
Kenard Weaver
P.O. Box 303
Stockdale, PA 15483
Dear Mr. Weaver:
This letter is to inform you that I am representing Barbara A. Weaver in regards to
removing your name from the Mobile home that you and she had bought together.
Pursuant to your Martial Settlement Agreement, dated April 13, 1999, you were to
remove your name from the title and give up all interest and rights to the same. (A copy
is attached for your convenience) Please contact my office at 717-241-6070 to schedule a
date and time for you and my client to go to a Notary Public's office to have your name
removed from the title,
If you have any questions regarding this matter, you may wish to consult an
attorney of your own choosing.
Sincerely,
Karl E. Rominger, Esquire
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cc. Barbara A. Weaver
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ROMINGER, BAYLEY & WHARE
Attorneys at Law
FilE
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Karl E. Rominger
Mark F. Bayley
Michael J. Whare
James 1. Nelson
Michael O. Palermo, Jr
November 23,2005
Kenard Weaver
P.O. Box 303
Stockdale, PA 15483
Dear Mr. Weaver:
Pursuant to our telephone conversation, enclosed please find the title to the
mobile home that you and my client, Barbara Weaver own together, Please sign the same
in front of a Notary, have it notarized and return it to my office as soon as possible in the
enclosed self-addressed, stamped envelope so my client can move forward with the sale
of the home,
Sincerely,
Karl E, Rominger, Esquire
KER/ljj
cc. Barbara Weaver
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155 South Hanover Street, Carlisle, Pennsylvania 17013' Tel: (717) 241-6070' Fax: (717) 241.6878
www.romingerlaw.com
ADVOCACY . ADVICE . ANSWERS
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CERTIFICATE OF TITLE FOR A VEHICLE
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VEHICLE IDENTIFICATION NUMBER
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DATEPA TITLED DATE OF ISSUE PRIOR TITLE STATE DOOM. PROCD DATE ODOM.MILES (lOOM. STATUS
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ODOMETER STATUS
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1 = MILEAGEEXCEEDSTHEMECHANICA~
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Il a second lienhejderis~..sted, upon satisfection of the firSIHen, the fir.~
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SECOND LIEN RELEASED
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I certify as of the date of issue, theofticial records 01 the Penrlsylvania Departmerlt of
Transportatie" '(jflect that the p6r~on(sl O~. company nam..d herein is the lav.1ul 'Wirie,
of the said vehicle.
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ROMINGER, BAYLEY & WHARE
Attorneys at Law
Karl E. Rorninger
Mark F. Bayley
Michael J. Whare
Jarnes 1. Nelson
Michael 0, Palermo, Jr
Leslie A. Torneo
February 6, 2006
Kennard Weaver
P.O, Box 303
Stockdale, P A 15483
Certified Mail/Return Receipt/Restricted Delivery
Dear Mr. Weaver;
Pursuant to your telephone conversation with Linda of my office, you had never
received the title to the mobile home which we had mailed to you on November 22,2005,
but you had relayed to Linda that rather than you having to come to Carlisle in order to
apply for a substitute title that you would willing to sign a Power of Attorney allowing
my client, Barbara Weaver to obtain a substitute title and to remove your name from the
title as well.
Therefore, enclosed please find a Power of Attorney for you to sign, have
notarized and return to my office in the enclosed self-addressed, stamped envelope.
Again, ifI do not receive the Power of Attorney within ten (10) days of the date of this
letter, my office will move forward to file the Petition for Contempt with the Court.
Sincerely,
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Karl E. Rominger, Esquire
KER/ljj
cc. Barbara A, Weaver
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155 South Hanover Street, Carlisle, Pennsylvania 17013 . Tel: (717) 241.6070. Fall: (717) 241.6878
www.romingerlaw.com
ADVOCACY . ADVICE . ANSWERS
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POWER OF ATTORNEY
State of
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County of
Before me, the undersigned notary public, this day personally Kennard R.
Weaver, to me known, who being duly sworn, did make, constitute and appoint Barbara
Ann Weaver, his true and lawful attorney and authorized said attorney to sign for the
application for assignment of or transfer of title, or application for or transfer of
registration, or any other form, involving title, including a substitute title or registration
for the Mobile Home described below:
Subscribed and sworn to before me this
day of
Make: Skyline Year: 1991
Vehicle Identification #2FI00544D
Title # 44792043401 WE
,2006.
Notary Public
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Barbara Ann Weaver,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
06-1898 CIVIL
Kennard R. Weaver, Jr.,
Defendant
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 5'h day of April, 2006, upon consideration of the foregoing
petition, IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule is issued upon the defendant to show cause why the plaintiff is not
entitled to the relief requested;
2. The defendant will file an answer to this petition on or before April 26, 2006;
3. The petition shall be decided under Pa.R.C.P. No. 206.7;
4. If the Defendant files an answer to this Rule to Show Cause, and the answer
raises disputed issues of material fact, an evidentiary hearing shall be held on the 11 Ih
day of May, 2006, at 2:00 p.m. in Courtroom NO.5 of the Cumberland County
Courthouse. If no answer to the Rule to Show cause is filed by the required date, the
relief request by Plaintiff shall be granted.
By the Court,
~E. Rominger, Esquire
Attorney for Plaintiff
~nnard R. Weaver, Jr.
Defendant
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BARBARA ANN WEA VER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LA W
KENNARD R. WEAVER, JR.
Defendant
: NO: 06-1898
PETITION TO MAKE RULE ABSOLUTE
1. Your Petitioner filed a Petition to Docket Divorce and Martial Settlement and Schedule a
Hearing to Enforce Martial Settlement Agreement on March 31, 2006.
2. This Honorable Court issued a Rule to Show Cause on the Defendant, Kennard R.
Weaver, Jr., on April 6, 2006. The Rule was returnable in twenty (20) days. Attached as
Exhibit "A".
3. No Answer was entered by the Defendant.
WHEREFORE, your Petitioner respectfully requests this Honorable Court enter an Order
making the Rule Absolute and granting Petitioner the relief she requested.
Respectfully submitted,
RO ER & BAYLEY
arl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Petitioner
Date: May 10, 2006
'.
BARBARA ANN WEA VER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
KENNARD R. WEAVER, JR.
Defendant
: NO: 06-1898
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Petitioner, Barbara Ann Weaver do hereby
certify that I this day served a copy of the Motion upon the following by depositing same in the
United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Kennard R. Weaver, Jr.
P.O. Box 303
Stockdale, P A 15483
Respectfully submitted,
ROMINGER & WHARE
arl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Petitioner
Dated: May 10, 2006
. .
Barbara Ann Weaver,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
06-1898 CIVIL
Kennard R. Weaver, Jr.,
Defendant
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 5th day of April. 2006, upon consideration of the foregoing
petition, IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule is issued upon the defendant to show cause why the plaintiff is not
entitled to the relief requested;
2. The defendant will fjle an answer to this petition on or before April 26. 2006;
3. The petition shall be decided under Pa.R.C.P. No. 206.7;
4. If the Defendant files an answer to this Rule to Show Cause, and the answer
raises disputed issues of material fact, an evidentiary hearing shall be held on the 11 th
day of May, 2006, at 2:00 p.m. in Courtroom NO.5 of the Cumberland County
Courthouse. If no answer to the Rule to Show cause is filed by the required date. the
relief request by Plaintiff shall be granted.
By the Court,
~E. Rominger, Esquire
Attorney for Plaintiff
vfnn'rd R. Weaver, Jr.
Defendant ~
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Barbara Ann Weaver,
Plaintiff
v.
Kennard R. Weaver, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-1898 CIVIL
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 11th day of May, 2006, a Rule to Show Cause having been
issued on Defendant, Kennard R. Weaver, dated April 6, 2006 and the Defendant
making no Answer, the Rule is Made Absolute. The relief requested by Petitioner is
hereby GRANTED. Defendant is ordered to execute any and all documents to
effectuate the Marital Settlement Agreement. Defendant is specifically ordered to sign
the title transferring all right and interest to Petitioner in the mobile home owned by the
parties at VIN: 2F100544D, Title No. 44792043401 WE, Make: Skyline, 1991 or in the
alternative to execute the Power of Attorney supplied to him by Petitioner's counsel in
order for Petitioner to transfer the title to her name alone. Defendant is hereby ordered
to execute the aforementioned documents within ten (10) days of the date of this Order.
Failure to comply with this Order will subject the Defendant to the contempt powers of
this Court.
~rl E. Rominger, Esquire
Attorney for Plaintiff
~nnard R. Weaver, Jr. ~
Defendant
bas
By the Court,
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M. L. Ebert, Jr.,
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