HomeMy WebLinkAbout06-1974Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
Defendant
: CIVIL ACTION
: NO. 06 - /Q'7
: IN DIVORCE
- LAW
Bryan E. Failor,
NOTICE
CIVIL TERM
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
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 Court House, High and Hanover Streets, Carlisle.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE..
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the Court. You must attend the scheduled conference or hearing.
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
Bryan E. Failor, : NO. 06 - /9?? CIVIL TERM
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. Plaintiff is Dedra L. Failor, an adult individual, who resides at 30 Clouser Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant is Bryan E. Failor, an adult individual, who resides at 712 Bloserville Road,
Newville, Pennsylvania 17241.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on December 6, 1986 in Lemoyne, Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the
right to request that the Court require the parties to participate in counseling.
8. Plaintiff requests the Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in
Divorce and such other Orders as may be just and appropriate.
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
Date: G
Leslie A. Tome ,Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court I.D. # 200198
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Date:"lp
Dedra L. Failor, Plainti f
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
Bryan E. Failor, NO. 06 - CIVIL TERM
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a
copy of the within Motion upon the following by depositing same in the United States mail, postage
prepaid, at Carlisle, Pennsylvania, addressed as follows:
Bryan E. Failor
712 Bloserville Road
Newville, Pa 17241
Dated:
Leslie A. To o, Esquire
Attorney for Plaintiff
11?
V
-17
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
Bryan E. Failor, : NO. 06 -1974 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. -A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 6, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree. of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn
falsification to authorities.
Date: &&2
Dedra L. Failor/Plaii tiff
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Dedra L. Failor, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
Bryan E. Failor, : NO. 06 -1974 CIVIL TERM
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(4) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn
falsification to authorities.
Date: A '/L_i ?t.GC.L'uU
Dedra L. Failor, Plaintiff
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
Bryan E. Failor, : NO. 06 -1974 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSEN'r
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 6, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn
falsification to authorities.
Date: -7 ` 3 - o C. `A-
Bryan E. Failor/Defendant
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
Bryan E. Failor, : NO. 06 -1974 CIVIL TERM
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(d) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom
falsification to authorities.
Date: 7 , 2 3 - o 6-
Bryan E. Failor, Defendant
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
Bryan E. Failor, : NO. 06 -1974 CIVIL TERM
Defendant : IN DIVORCE
MARITAL SEPARATION AGREEMENT
THIS AGREEMENT, made this C9Jr17d y of- t 2006 by and between Bryan E.
Failor, hereinafter referred to as "HUSBAND", and Dedra Failor, hereinafter referred to as "WIFE."
WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on
December 6,1986; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling fully and finally their respective financial
and property rights and obligations as between each other, including, without limitation by
specification; the settling of all matters between them relating to the ownership and equitable
distribution of real and Yersora'l property; the setting of all claims and possible claims by one against
the other or against their respective estates and equitable distribution of property and alimony for each
party.
NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally
bound, hereby covenant and agree as follows:
The parties intend to maintain separate and permanent domiciles and to live apart from each
other. It is the intention and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
The parties have attempted to divide their matrimonial property in a manner that conforms
to just and right standards, with due regard to the rights of each party. It is the intention of
the parties that such division shall be final and shall forever determine their respective
rights. The division of existing marital property is not intended by the parties to constitute
in any way a sale or exchange of assets.
3. Further, the parties agree to continue living separately and apart from each other at any place
or places that he or she may select. Neither party shall molest, harass, annoy, injure,
Threaten or interfere vJth the other party in army manner evhatsoever. Each party may cam
on and engage in any employment, profession, business or other activity, as he or she may
deem advisable for his or her sole use and benefit. Neither party shall interfere with the
uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4. The consideration for this contract and Agreement is the mutual benefits to be obtained by
both of the parties hereto and the covenants and Agreements of each of the parties to the
other. The adequacy of the consideration for all Agreements herein contained is stipulated,
confessed, and admitted by the parties, and the parties intend to be legally bound hereby.
5. Each party to this Agreement acknowledges and declares that he or she, respectively:
A. Enters into this Agreement voluntarily a:3er receiving the advice of counsel of his or
her own choosing or has voluntarily elected not to obtain counsel;
B. Is fully and completely informed of the facts relating to the subject matter of this
Agreement and of the rights and obligations of the parties;
C. Has given careful and serious thought to the making of this Agreement;
D. Has carefully read each provision of this Agreement; and
E. Fully and completely understands each provision of this Agreement, both as to the
subject matter and legal effect.
6. Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all his or her property, interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers of Marital
Property for inadequate
consideration without the prior consent of the other. Each party acknowledges that, to
the extent desired, he or she has had access to all joint and separate state and federal tax
returns filed by or on half of both parties during the marriage.
7. PERSONAL PROPERTY: WIFE agrees that all the property in the possession of the
HUSBAND shall be the sole and separate property of the HUSBAND, and HUSBAND
agrees that all the property in the possession of the WIFE shall be the sole and separate
property of the WIFE. Each of the parties does hereby specifically waive, release, renounce
and forever abandon whatever claims, if any, she or he may have with respect to any of the
above items which are the sole and separate property of the other. The following property
shall be transferred as follows:
a. Wife will keep and remain responsible for her own vehicle, 1992 Ford Bronco.
Husband will keep and remain responsible for the 1985 Ford F250.
8. REAL PROPERTY: It is further mutually agreed by and between the parties that the
marital residence at 712 Bloserville Road, Newville, PA 17241 shall be given to the
HUSBAND in exchange for a payment by Husband to Wife in the amount of $6,000.
HUSBAND must also refinance said property in his own name. The $6,000 can be paid to
wife in $100 increments each month or as little as $50 a month. The $6,000 was a gift from
the maternal grandmother for a down payment to purchase the house.
9. DEBTS & LIABILITIES: Each party shall be responsible for their own credit card debt,
and that any debts incurred by the parties after the execution of this Agreement shall be the
sole responsibility of the party incurring that obligation.
10. INCOME TAX RETURNS: The parties shall file separate income tax return for the tax
year 2006. All future income tax refunds will be filed separately and the parties will each
retain any refund due to them.
11. OTHER LEGAL EXPECTANCY INTERESTS: Nothing in this instrument shall be
construed to affect either party's legal interest or entitlement to any settlement proceeds
arising out of any current pending litigation.
12. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided
herein, each party may dispose of his or her property in any way, and each parry hereby
waives and relinquishes any and all rights he or she may now have or hereafter acquire,
under the present or future laws of any jurisdiction, to share in the property or the estate of
the other as a result of the marital relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, right to take the intestacy, right to take against the
Will of the other, and right to act as administrator or executor of the other's estate, and each
will, at the request of the other, execute, acknowledge and deliver any and all instruments
which may be necessary or advisable to carry into effect this mutual waive and
relinquishment of all such interest, rights and claims.
13. BREACH: In the event of the breach of this Agreement by either party, the non-breaching
party shall have the right to seek monetary damages for such breach, where such damages
are ascertainable, and/or to seek specific performance of the terms of this Agreement, where
such damages are not ascertainable. All costs, expenses and reasonable attorney fees
incurred by the successful party in any litigation to obtain monetary damages and/or specific
performance of this Agreement shall be recoverable as part of the judgment entered by the
Court.
14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonable required to give full force and effect to the provisions of
this Agreement.
15. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties and its provisions are fully understood. Both parties
agree that they are executing this Agreement freely and voluntarily. Wife's legal counsel is
Leslie A. Tomeo, Esquire. Both parties acknowledge that it has been suggested to them that
they review this Agreement with independent legal counsel and has either done so or has
voluntarily chosen not to do so.
16. HEADINGS: Any Headings proceeding the text of the several paragraphs and
subparagraphs hereof are inserted solely for the convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its meanings, constructions or affect.
17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties
and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
18. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
19. PRIOR AGREEMENTS: It is understood and agreed that any and all Property Settlement
Agreements which may or have been executed or verbally discussed prior to the date and
time of this Agreement are null and void and of no effect.
20. INTEGRATION: This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and negotiations between them.
There are no representations or warranties other than those expressly set forth herein.
This Agreement shall survive integration by any court into any judgment for divorce
and shall continue to have independent legal significance as a written contract
separate from such judgment for divorce and may be enforced as an independent
contract.
21. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties.
22. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and
no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent
default of the same or similar nature.
23. Unless otherwise stated herein, this Agreement shall become effective immediately
upon its execution by both parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first
above written.
Witness
C
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Dedra Failor
;?51" le.
Bryan E. Failor
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF LL
Personally a peared before me, a notary public for Cumberland County, Pennsylvania, this
lday of - C (,u- 2006, Dedra Failor, known to me (or satisfactorily proven) to be the
person whose nam is subscribed to the within Agreement, and acknowledge that she executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto
Notarial Seal
Tammie L. Peters, Notary Public
South Middleton Twp., Cumberland County
MY Commission Expires Sept. 9, 2007
COMMONWEALTH OF PENNSYLVANIA
/ SS:
COUNTY OF
JL ,
(SEAL)
WG rsonally appeared before me, a notary public for Cumberland County, Pennsylvania, this
day o Cc 2006, Bryan E. Failor, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within Agreement, and acknowledge that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
is
Note ublic
CpMMONWgALTH pF pENN9YLVANIA (SEAL)
Notarial Seal
Kaye N. Failor, Notary public
Dickinson Twp„ Cumberland County
My Commission Expires Apr. 23.2010
Member, Pennsylvania Association of Notaries
my hand and official seal.
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Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
Bryan E. Failor, : NO. 06 -1974 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: April 6, 2006, was served on Defendant
by Certified Mail and the green card was signed on April 11, 2006 (attached hereto as
Proof of Service).
3. Date of execution of the Affidavit of Consent required by § 3301(c) or The Divorce
Code: by the Plaintiff July 15, 2006; by the Defendant July 23, 2006.
4. Related claims pending: None.
5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: July 25, 2006
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: July 25, 2006.
Date: August 8, 2006
(bj??4wv-?
Les Ye A. Tomeo, squire
155 South Hanove Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID No. 200198
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CP
Dedra L. Failor, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
Bryan E. Failor, NO. 06 -1974 CIVIL TERM
Defendant IN DIVORCE
PROOF OF SERVICE
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits,
1. Article Addressed to:
A. Signature
p per, ® ? Agent
B. Received by (Printed Name) C. Date of Delivery
?/l/r ', ?YirlC '?`lo? CG
D. Is delivery address different from item 17 0 yes
If YES, enter delivery address below: 0 No
3. Service Type
IX-Cedified Mail 0 Express Mali
0 Registered (tPneturn Receipt for Merchandise
0 Insured Mail ? C.O.D.
4. RestrMed Delivery! (Extra Fea) ,Vas
2. Article Number
(Transfer from service label) 7004_13_50 0003 7142 6625
P$ Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Dedra L. Failor
Plaintiff
VERSUS
Bryan E. Failor
Defendant
No.
06- 1974
DECREE IN
DIVORCE
AND NOW, l1Q JS? `? 100b, IT IS ORDERED AND
DECREED THAT De dra L Failor , PLAINTIFF,
AND Bryan E. Failor 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;
A Marital Settlement Agreement is incorporated but not
BY THE COURT
ATTEST: U J.
?ZA
PROTHONOTARY
,? V. Li ,5
'2
Dedra L. Failor,
Plaintiff
V.
Bryan E. Failor,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 06 - 1974 CIVIL TERM
: IN DIVORCE
PETITION TO ENFORCE MARITAL
SETTLEMENT AGREEMENT
AND NOW, comes Dedra L. Failor, Plaintiff by and through her privately retained
counsel, Leslie A. Tomeo, and in support of her Petition to Enforce Marital Settlement Agreement
avers as follows:
1. Your petitioner and defendant entered into a Marital Settlement Agreement on July
23, 2006.
2. The aforementioned document was filed with the Cumberland County Court attached
to the Praecipe to transmit record on August 8, 2006.
3. Paragraph 13 of the Marital Settlement Agreement states the consequences of
breaching this agreement, which indicates judgment may be entered by the court.
4. Paragraph 8 of the Marital Settlement Agreement states the Real Property agreement
giving Husband the marital residence in exchange for compensation. The marital
agreement also states "Husband must also refinance said property in his own name."
5. The Parties Divorce Decree was entered on August 16, 2006 which incorporated said
martial settlement agreement.
6. To date, the Defendant has not refinanced said property and has proposed additional
terms on his own, outside this agreement, which he indicates Plaintiff needs to meet
before he will refinance said property.
7. Plaintiff has attempted to meet such terms, but is unable to meet Defendant's terms.
8. Defendant has breached the contract by not refinancing said property.
WHEREFORE, your petitioner respectfully requests that this Honorable Court schedule a hearing
on the matter and award petitioner attorney fees along with any other relief this Court deems
appropriate.
Date: October 2, 2006 Respectfully submitted,
ROMINGER & WIIARE
la?fz?? -
s ' e A. Tomeo, squire
155 South Hanove Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 200198
Attorney for Petitioner
Dedra L. Failor,
V.
Bryan E. Failor,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 06 - 1974 CIVIL TERM
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Leslie A. Tomeo, Esquire, attorney for Petitioner, do hereby certify that I this day served a
copy of the Petition to Enforce Martial Settlement Agreement upon the following by depositing
same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as
follows:
Bryan E. Failor
712 Bloserville Road
Newville, PA 17241
Date: October 2, 2006
Respectfully submitted,
ROMINGER & WHARE
LNlie A. Tomeo, squire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 200198
Attorney for Plaintiff/Petitioner
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DEDRA L. FAILOR, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1974 CIVIL
V.
CIVIL ACTION - LAW
BRYAN E. FAILOR,
DEFENDANT IN DIVORCE
ORDER OF COURT
AND NOW, this 6th day of October, 2006, upon consideration of the Petition to
Enforce Marital Settlement Agreement filed by the Plaintiff, IT IS HEREBY ORDERED
AND DIRECTED that:
1. A Rule is issued upon the Defendant to show cause why the relief requested
should not be granted;
2. The Defendant will file an answer on or before October 27, 2006. The
Prothonotary is directed to forward said Answer to this Court;
3. A hearing on the above matter will be held on Wednesday,
December 13, 2006 at 3:00 p.m. in Courtroom No. 5 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
By the Court,
1sw, -A, CVAV
M. L. Ebert, Jr., J.
,/6eslie Tomeo, Esquire
Attorney for Plaintiff
,/Bryan E. Failor
Defendant
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DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRYAN E. FAILOR,
Defendant NO. 2006-1974 CIVIL TERM
NOTICE TO PLEAD
TO: DEDRA L. FAILOR and her attorney, Leslie A. Tomeo, Esq.
YOU ARE HEREBY NOTIFIED that you must responsively plead to the within
Answer to Defendant's Petition with New Matter, pursuant to Pa. R.C.P. 2252(d) within twenty
(20) days after service, or a default judgment may be entered against you.
IRWIN & McKNIGHT
By:
Marc A. M t.
60 West fret Street
Carlisl Pennsylvania 170 3-3222
(717) 2 -2353
Supreme . 5476
Attorney for Defendant
Bryan E. Failor
Date: November 8, 2006
DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRYAN E. FAILOR,
Defendant NO. 2006-1974 CIVIL TERM
ANSWER TO PETITION TO
ENFORCE MARITAL SETTLEMENT AGREEMENT
WITH NEW MATTER
AND NOW, this 8th day of November 2006, comes the Defendant, Bryan E. Failor, by
his attorneys, Irwin & McKnight, and makes the following Answer to Petition to Enforce Marital
Settlement Agreement with New Matter:
1.
The averments of fact contained in paragraph one (1) of the Petition are admitted.
2.
The averments of fact contained in paragraph two (2) of the Petition are admitted.
3.
The averments of fact contained in paragraph three (3) of the Petition are admitted.
4.
The averments of fact contained in paragraph four (4) of the Petition are admitted in part
and denied in part. It is admitted that the Marital Settlement Agreement requires the Husband to
refinance the mortgage into his own name. It is denied that Defendant has breached the Marital
Settlement Agreement since no time frame was required for the refinance. On October 26, 2006,
the real estate property was placed in Defendant's name and the mortgage was refinanced into his
own name.
5.
The averments of fact contained in paragraph five (5) of the Petition are admitted.
2
6.
The averments of fact contained in paragraph six (6) of the Petition are specifically
denied. On the contrary, the Defendant has refinanced the real estate into his own name. In
order to do so, the Plaintiff needed to refinance a loan into her name. That was accomplished
and the refinance was completed on October 26, 2006.
7.
The averments of fact contained in paragraph seven (7) of the Petition are specifically
denied. On the contrary, the parties have resolved those issues and the refinancing is complete.
8.
The averments of fact contained in paragraph eight (8) of the Petition are specifically denied.
On the contrary, the Defendant did not breach the Marital Settlement Agreement.
WHEREFORE, the Petition of the Plaintiff, Dedra L. Failor, should be dismissed.
NEW MATTER
AND NOW, this 8h day of November 2006, the Defendant, Bryan E. Failor, makes the
following New Matter:
9.
The averments of fact contained in paragraphs one (1) through eight (8) of the Answer to
the Petition are hereby incorporated by reference and made a part of this New Matter.
10.
On October 26, 2006, the real estate was conveyed by Dedra L. Failor into the name of
Bryan E. Failor, a copy of the deed is marked as Exhibit "A" and incorporated by reference into
this New Matter.
3
11.
On October 26, 2006, the mortgage of the parties with Beneficial Mortgage Company of
Pennsylvania was refinanced into the sole name of Bryan E. Failor. A copy of the new mortgage
dated October 26, 2006, is marked as Exhibit "B" and is incorporated by reference into this New
Matter.
12.
The Plaintiff has no basis to claim that the Marital Settlement Agreement was breached
by the Defendant. The Defendant did refinance the mortgage as soon as he was able to do so.
WHEREFORE, the Defendant, Bryan E. Failor, respectfully requests that the Petition of
the Plaintiff be dismissed.
Respectfully submitted,
IRWIN & M IGHT
By:
Esquire
13
T249-2353
5476
Date: November 8, 2006
4
EXHIBIT "A"
31,?> c1
c
This instrument waspreuared by:
Frank P. Dec, Esq.
8940 Main Street
Clarence, NY 14031
Return to:
BRYAN E. FAILOR
712 Blosserville Road
Newville, PA 17241
CPN #: 43-11-3069-017
. ; r . Z(C [_E[,,
CEO OF
1005 OCT 26 P(q 2 29
TRANSFER: HUSBAND AND WIFE TO: HUSBAND ONLY-FULLY TAX EXEMPT.
This Indenture
This Indenture made this 26TH day of OCTOBER 2006.
Between DEDRA L. FAILOR, a single woman, hereinafter called the Grantor(s), of the
one part and
BRYAN E. FAILOR, a single man, hereinafter called the Grantee(s), of the other
part,
Witnesseth, That the said Grantor(s) for and in consideration of the sum of ONE AND 00/100
($1.00) DOLLARS, unto her well and truly paid by the said Grantee, at or before the sealing and
delivery hereof, the receipt whereof is hereby acknowledged, granted, bargained and sold,
released and confirmed, and by these presents does grant, bargain and sell, release and confirm
unto the said Grantee(s), their heirs and assigns
SEE ATTACHED EXHIBIT "A"
THIS TRANSFER IS EXEMPT FROM REAL ESTATE TRANSFER TAX SINCE IT IS A
CONVEYANCE FOR NO CONSIDERATION BETWEEN FAMILY MEMBERS.
The Grantor warrants generally the property conveyed by this deed and covenants to the Grantee,
the Grantee's heirs, personal representatives and assigns, that the Grantor, the Grantor's heirs and
personal representatives or successors, will forever warrant and defend the property conveyed,
and every part of the property, against the lawful claims and demands of all persons.
NOTICE - THIS DOCUMENT MAY/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE
TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR
REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE
LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY
RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON
OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY
ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR
to?
RESERVED BY THIS INSTRUMENT. [This notice is set forth in the manor provided in Section 1 of the Act of
July 17, 1957, P. L. 984, as amended, and is not intended as notice of unrecorded instruments, if any.]
WITNESS the hand and seal(s) of the said Grantor.
Dated 26th, OCTOBER, 200.6
G OR
DEDRA L. FAILOR
NOTICE THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE(S) TO THIS NOTICE AND
THE ACCEPTANCE AND RECORDING OF THIS DEED, IS/ARE FULLY COGNIZANT OF THE FACT
THAT THE UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST
SUBSIDENCE, AS TO THE PROPERTY HEREIN CONVEYED, RESULTING FROM COAL MINING
OPERATIONS AND THAT THE PURCHASED PROPERTY, HEREIN CONVEYED, MAY BE
PROTECTED FROM DAMAGE DUE TO MINE SUBSIDENCE BY A PRIVATE CONTRACT WITH THE
OWNERS OF THE ECONOMIC INTEREST IN THE COAL. THIS NOTICE IS INSERTED HEREIN TO
COMPLY WITH THE BITUMINOUS MINE SUBSIDENCE AND LAND CONSERVATION ACT OF 1966,
AS AMENDED 1980, OCT. 10, P.L. 874, NO. 156 § 1.
Wit ess:
B?I YAN E. FAI OR
Box 277 PAGE1473
Commonwealth of PENNSYLVANIA
County of CUMBERLAND
On this 26TH day of OCTOBER , 2006 , before me, a NOTARY
[official title] in and for CUMBERLAND County, came the above named DEDRA L.
FAILOR, and acknowledged the foregoing deed to be his free act and deed, and desired the same
to be recorded as such.
Witness my hand and seal, the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA
[S ll Notarial Seal
Flora M. Vogt, Notary Public
North Middeton Twp., Cumberland County
wcm?xy-c [Signature] WCommission E)pires May 2t, 2009
[Title] Member, Pennsylvania Association of Notarlas
trrtrtjsgjQj expire }'?? 1. ZC)(I?7 (date}
Commonwealth of PENNSYLVANIA
County of CUMBERLAND
On this 26TH day of OCTOBER 9 2006 , before me, a NOTARY
[official title] in and for CUMBERLAND County, came the above named, and acknowledged
the foregoing deed to be his free act and deed, and desired the same to be recorded as such.
Witness my hand and seal, the day and year aforesaid.
[Seal]
Signature]
r [Title]
My c mmission expire (date)
FLORA M VOGT
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Flora M. Vogt, Notary Public
North MkkWon Twp., Cumberland ?
My Cammisaw Expires May 21, Wsmbsr, Pennsylvania Association of Notaries
I do certify that the precise address of the within named Grantee(s) is:
712 Blosserville Road
Newville, PA 17241
BR AN E. FAILOR, on behalf of the Grantee(s).
900x' 277 PAGEW4
EXHIBIT A
LEGAL DESCRIPTION
THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA,
BEING MORE FULLY DESCRIBED IN A DEED DATED 11/14/1990 AND RECORDED
11/14/1990, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH
ABOVE, 'IN DEED VOLUME W34 AND PAGE 245.
Our File No. 064061 C U- pre R rRAf*i K?je d -r4aP
I Cc'-ti fy this to be recorded
in Cumberland County PA
v.,
Recorder of Deeds
BUOY 277 PaA4 75
EXHIBIT "B"
This instrument was prepared by:
NANCY J DITZEL
(Name)
419 VILLAGE DR,STE 2 CARLISLE, PA. 17015
Address
Return To:
Records Processing Services
577 Lamont Road
Elmhurst,IL 60126
(800) 547-8776
UPI # 43-11-3069-017
711715 MORTGAGE
IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND
SECURES FUTURE ADVANCES.
THIS MORTGAGE is made this day 26TH of OCTOBER 2006 between the
Mortgagor, BRYAN E. FA I LOR SINGLE
herein "Borrower" and Mortgagee BENEF I C I AL CONSUMER D I SC(XUNT COMPANY D/B/A
BENEFICIAL MORTGAGE CO OF PENNSYLVANIA
a corporation organized and existing under the laws of PENNSYLVANIA , whose address is
419 VILLAGE DRIVE, SUITE 2, CARLISLE, PA 17013
herein "Lender").
The following paragraph preceded by a checked box is applicable.
X WHEREAS, Borrower is indebted to Lender in the sum of $
principal 106.778.32
evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan
Agreement dated OCTOBER 26, 2006 and any extensions or renewals thereof (herein
"Note"), providing for monthly installments of principal and interest, including any adjustments to the
amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if
not sooner paid, due and payable on OCTOBER 26 2032
El WHEREAS, Borrower is indebted to Lender in the principal sum of $ ,
or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated
and extensions and. renewals thereof (herein "Note"), providing for
monthly installments, and interest at the rate and under the terms specified in the Note, including any
adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the
principal sum above and an initial advance of $ ;
TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with
interest thereon, including any increases if the contract rate is variable; (2) future advances under any
Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in
accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants
and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to
Lender and Lender's successors and assigns the following described property located in the County of
CUMBERLAND Commonwealth of Pennsylvania:
SEE EXHIBIT A-LEGAL DESCRIPTION
INIINaII?I?nII??NI?l??p?lllll?a?
*F055A48BBJ87MTG8000PA001301CMMFAILOR M CUSTOMER COPY
11-11-05 MTG PA001301
-3-
and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
payment can be paid in full. To the extent that any excess exists after the payment is applied to the full
payment of one or more Periodic Payments, such excess may be applied to any late charges due.
Volunatary prepayments shall be applied first to any prepayment charges and then as described in the
Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts
due for: (a) taxes and assessments and other items which can attain priority over this Security
Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the
Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d)
Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at
any time during the term of the Loan, Lender may require that Community Association Dues, Fees,
and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
Section. Borrower shall pay. Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to
pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.
In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for
any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall
furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed
to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a
waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights
under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to
Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a
notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a
lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and
its implementing regulation, Regulation X (24 C.F.R. Part 35000, as they might be amended from time
to time, or any additional or successor legislation or regulation that governs the same subject matter.
As used in this security instrument, "RESPA" refers to all requirements and restrictions that are
imposed in regard to a "federally related mortgage loan" even if the Than does not qualify as a "federally
related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)
11-11-05 MTG
PA001303
INI???I? Illll?lllpll?ail
9FO55A4888J87MTG8000PA001303C*NFAILOR N CUSTOMER COPY
-5-
governing the condominium or planned unit development, the by-laws and regulations of the
condominium or planned unit development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements
contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's
interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such
appearances, disburse such sums, including reasonable attorneys' fees, and takesuch action as is necessary to
protect Lender's interest.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract
rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and
Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur
any expense or take any action hereunder.
8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the
Property, provided that Lender shall give Borrower notice prior to any such inspection specifying
reasonable cause therefor related to Lender's interest in the Property,
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu
of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage,
deed of trust or other security agreement with a lien which has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of'the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors
and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and
agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not
execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's
interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note
or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend,
modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note
without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that
Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any
notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by
certified mail addressed to Borrower at the Property Address or at such other address as Borrower may
designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified
mail to Lender's address stated herein or to such other address as Lender may designate by notice to
Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given
to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no
applicable law is contained therein, tnhhis estate Wanldnlocal llaws applicable tto this Mortgage shall be the laws of iction in which the 111-11- 05dMTG 1111111 I1 Nltl IHIA NA Inli 11 i1?) t?l NIIIN ?1? ?I Np o1NB 1111111 51 Nilpp P1 A00113 05
*F055A48BBJ87MTGB000PA001305C"NFAILOR " CUSTOMER COPY
-9-
(Space Below This Line Reserved For Lender and Recorder
11-11-05 MTG
PA001309
I?NIIINNI?NIN?NNIN?NI??IIINIINI?IIINII?INN?II??NNIIN
*FOSSA489BJ87MTG8000PA001309C**FAILOR * CUSTOMER COPY
EXHIBIT A (PAGE 1)
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF
UPPER FRANKFORD IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH
OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED
10/26/2006 AND-RECORDED 10/2612006, AMONG THE LAND RECORDS
OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME
2006039209 AND PAGE.
TAX MAP OR PARCEL ID NO.: 43-11-3069-017
11111111110 1111111111 mom 0111111111111111
*FO55A48BBJ87MTG8000PA00130OCNNFAILOR x CUSTOMER COPY
VERIFICATION
The foregoing Answer is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unworn falsification to authorities.
BR AN E. FAILOR
Date: November 8, 2006
DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
BRYAN E. FAILOR, .
Defendant : NO. 2006-1974 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Leslie A. Tomeo, Esq.
Rominger & Whare
155 South Hanover Street
Carlisle, PA 17013
IRWIN & McKNIGHT
By:
Marcus 4. McKni , III,
60 West Pom Street
013
Carlisle, P t353
(717) 249-.., Supreme 6
Date: November 8, 2006
P-3
C7
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
Bryan E. Failor, : NO. 06 - 1974 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO WITHDRAW PETITION TO
ENFORCE MARITAL SETTLEMENT AGREEMENT
Please withdraw the petition to enforce marital agreement filed on October 3, 2006 and cancel
the hearing scheduled for December 13, 2006 at 3:00p.m. in Courtroom 5. The defendant has abided by
the martial settlement agreement.
Date: November 13, 2006 Respectfully submitted,
ROMINGER & WHARE
Veslie A. Tomgo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 200198
Attorney for Defendant
r? 0
c_
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
Bryan E. Failor : NO. 06-1974 CIVIL TERM
Defendant : IN DIVORCE
PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT
AND NOW, comes Dedra. L. Failor, Plaintiff by and through her privately retained
counsel, Leslie Tomeo, and in support of her Petition to Enforce Marital settlement
Agreement avers as follows:
1. Your petitioner and defendant entered into a Marital Settlement Agreement on
July 23, 2006.
2. The aforementioned document was filed with the Cumberland County Court
attached to the Praecipe to transmit record on August 8, 2006.
3. Paragraph 13 of the Marital Settlement states that the consequences of
breaching this agreement, which indicates judgment may be entered by the
court.
4. Paragraph 8 of the Marital Settlement Agreement states that the Real Property
Agreement gives Husband the marital residence in exchange for compensation
of six thousand dollars ($6,000). The marital agreement states, "The six
thousand dollars can be paid to Wife in $100 increments each month of as
little as $50 a month."
5. The Parties Divorce Decree was entered on August 16, 2006, by the Honorable
Judge Ebert which incorporated said marital settlement agreement.
6. Defendant has not paid Plaintiff since May 2007 her monthly payments to
satisfy the $6,000 owed to her.
7. Plaintiff also had to file a Petition to Enforce Marital Settlement Agreement
on October 3, 2006, because Defendant would not comply with the Marital
Settlement Agreement.
8. Defendant did concur with the Marital Settlement Agreement after a hearing
was scheduled to address this issue.
9. Plaintiff's counsel mailed a letter to Attorney Marcus McKnight on September
14, 2007, in regards to the payments owed to Plaintiff and has not heard a
response to date.
9. Defendant has breached the contract by not paying Plaintiff monthly
increments so stated in the Marital Settlement Agreement.
WHEREFORE, your petitioner respectfully requests that this Honorable Court
schedule a hearing on the matter and award petitioner attorney fees along with any other
relief this Court deems appropriate.
Date: October 2, 2007
Respectfully submitted,
d47
Leslie Tomeo, squire
35 East High et, Ste. 204
Carlisle, PA 17013
Supreme Court ID # 200198
Attorney for Petitioner
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION -- LAW
Bryan E. Failor : NO. 06-1974 CIVIL TERM
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Leslie Tomeo, Esquire, attorney for Petitioner, do hereby certify that I this day
served a copy of the Petitioner to Enforce Marital Settlement Agreement upon the
following by depositing the same in the United States mail, first class postage prepaid, at
Carlisle, Pennsylvania, addressed as follows:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Date: October 2, 2007
Respectfully submitted,
LMe Tomeo, Es#uire
35 East High S t, Ste. 204
Carlisle, PA 17013
(267) 254-1936
Supreme Court ID # 200198
Attorney for Petitioner
C? rJ
C a --n
?-
- -•?3 TI
_
tV ?"3
/ ' ~=.F
DEDRA L. FAILOR, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. IN DIVORCE
BRYAN E. FAILOR,
DEFENDANT NO. 06-1974 CIVIL
ORDER OF COURT
AND NOW, this 8th day of October, 2007, upon consideration of the
Petition to Enforce Marital Settlement Agreement filed by the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendant to show cause why the relief
requested should not be granted;
2. The Defendant will file an answer on or before October 29, 2007;
3. A hearing shall be held on Thursday, November 29, 2007, at 3:30 p.m.
in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA.
By the Court,
,zeslie Tomeo, Esquire
Attorney for Plaintiff
Marcus A. McKnight, Esquire
Attorney for Defendant
bas
'?tx I ?" \/
M. L. Ebert, Jr., J.
:'?..t''. n..d
'! ? ~i ? '. ? L?uv
- -_-'Ci s
DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRYAN E. FAILOR, .
Defendant NO. 2006-1974 CIVIL TERM
NOTICE TO PLEAD
TO: DEDRA L. FAILOR and her attorney, Leslie A. Tomeo, Esq.
YOU ARE HEREBY NOTIFIED that you must responsively plead to the within
Answer to Defendant's Petition with New Matter, pursuant to Pa. R.C.P. 2252(d) within twenty
(20) days after service, or a default judgment may be entered against you.
IRWIN & MuKNIG
By:
Marcus .`81cKnigK III, Esquire
60 West 'Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court ID. No. 25476
Attorney for Defendant
Bryan E. Failor
Date: October 19, 2007
DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRYAN E. FAILOR, .
Defendant NO. 2006-1974 CIVIL TERM
ANSWER TO PETITION TO
ENFORCE MARITAL SETTLEMENT AGREEMENT
AND NOW, this 19th day of October 2007, comes the Defendant, Bryan E. Failor, by his
attorneys, Irwin & McKnight, and makes the following Answer with New Matter to Plaintiffs
Petition to Enforce Marital Settlement Agreement:
1.
The averments of fact contained in paragraph one (1) of the Petition are admitted.
2.
The averments of fact contained in paragraph two (2) of the Petition are admitted.
3.
The averments of fact contained in paragraph three (3) of the Petition are admitted.
4.
The averments of fact contained in paragraph four (4) of the Petition are admitted.
5.
The averments of fact contained in paragraph five (5) of the Petition are admitted.
6.
The averments of fact contained in paragraph six (6) of the Petition are admitted.
2
7.
The averments of fact contained in paragraph seven (7) of the Petition are admitted in part
and denied in part. The Defendant was unrepresented when the Marriage Settlement Agreement
was obtained. The Agreement gave no deadline for the refinance of the mortgage by Defendant.
The Petition of the Plaintiff was filed without merit within several months of the conclusion of
the divorce. As a result of the mortgage refinance, the Defendant's payments increased from
$800.00 per month to $1,200.00 per month.
8.
The averments of fact contained in paragraph eight (8) of the Petition are specifically
denied. On the contrary, the Defendant was under no deadline to refinance the mortgage
pursuant to the Agreement. He did so to his economic detriment.
9.
The averments of fact contained in paragraph nine (9) of the Petition are admitted. This
Answer is made in response to the Petition filed by the Plaintiff.
10.
The averments of fact contained in paragraph ten (10) of the Petition are specifically
denied. The Defendant was injured and lost his employment. He is unable to pay the mortgage
and the additional payment demanded by the Plaintiff.
WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss
the Petition of the Plaintiff filed in this case.
3
NEW MATTER
AND NOW, this 19th day of October 2007, the Defendant, Bryan E. Failor, makes the
following New Matter:
11.
The averments of fact contained in paragraphs one (1) through eleven (11) of the Answer
to the Petition are hereby incorporated by reference and made a part of this New Matter.
12.
The Defendant was left with the marital home worth $97,000.00 with a debt of
$116,000.00 on the property. In addition, the Plaintiff has a second loan with Beneficial which is
a lien against the real estate with a balance of $18,737.44. A copy of the loan is marked as
Exhibit "A" and made a part of this New Matter.
13.
At the time the Marriage Settlement Agreement was signed, the Defendant could not
afford an attorney and did not understand that his payments for the first mortgage would increase
by a third when he refinanced. He did not know that the debt on the marital home far exceeded
its value.
14.
The Defendant injured his back in July 2007. He was unable to work at his employer
known as Eddie's Tire and Auto. A copy of a physician script dated August 7, 2007 is marked as
Exhibit "B" and made a part of this Answer with New Matter.
4
15.
On September 10, 2007, the Defendant lost his job because he was unable to work due to
his back injury. A copy of that letter dated September 10, 2007 is marked as Exhibit "C" and
made a part of this Answer with New Matter.
16.
The Defendant is unable to make both the mortgage payment and the payment to the
Plaintiff while he is injured and unemployed.
WHEREFORE, the Defendant, Bryan E. Failor, respectfully requests that the Petition of
the Plaintiff be dismissed.
By:
Date: October 19, 2007
Respectfully submitted,
Marcus A. McKni 14 , Esc
60 West Pomfret Str
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
5
IRWIN & McKNIGHT
419 VILLAGE DRIVE
CAR e
CARLISLE PA 17013 3eneficial f t? Statement of Your Account
1'femher HSBC Q? Group
Payment cou Number Now Balance Billing Date Due Date ro,mum Payment DW_
Coupon 711715-06-508590-7 18,693.07 10/06/07 10/28/07 290.00
S-90073599 12345603000
0
let ,1111„1„1,1,ISO lmI11J,J,,,Lnltllolls ,,11ufill fill 1 Mail Payment To:
BRYAN E FAILOR 111,1. I11,,ILI„61111,I,IIL,U,I,11„I,diIJ11,1,11n11L1
DEDRA L FAILOR BENEFICIAL FINANCE
712 BLOSERVILLE RD POST OFFICE BOX 4153-K
NEWVILLE PA 17241-9710 CAROL STREAM IL 60197-4153
0 3000290007117150650859070018693078
For Assistance: Your Credit Line Has Been Cancelled
419 VILLAGE DRIVE Your Available Credit is $ .00
CARLISLE PA 17013
717-249-1515 Account Summary
Account Number Billing Date Due Date Amount Past Due Minimum Payment Due
711715-06-508590-7 10/06/07 10/28/07 .00 290.00
Previous Balance (-) Payments (-1 Credits & (+) Advances & (+) FINANCE (+) Insurance • ew Balance
Adjustments Other Charges CHARGE Charges
18,737.44 290.50 . .00 .00 246.13 .00 18,693.07
1006016233
Account Detail Since Last Statement
Transaction Date Posting Dale Transaction Description Transaction Amount ?.
09/10/07 09/10/07 PAYMENT 145.50-
09/24/07 09/24/07 PAYMENT 145.00- S
Your payment will be electronically debited from your designated
bank account with the frequency and for the amount selected on -
your EZPay Plus enrollment form. If you have any questions,
please call your local branch or customer service representative
at the mum.ber listed abrrre.
To evaluate and maintain the quality of our service to you, you
permit us to listen to -and/or record telephone calls between you
and our representative.
s
As of December 1 st, cash payments will no longer be accepted at
your local branch. Branch payments with a check, bank draft,
money order or traveler's check will still be accepted.
Average
Daily Monthly ANNUAL CURRENT
Balance Periodic Rate PERCENTAGE RATE FINANCE CHARGE
S 18,471.72 1.333% 15.990% $ 246.13
"New Balance may or may not include interest accrued since the billing date. If you have questions on this billing, please call Customer
Service at 717-249-1515. Written inquiries about billing errors or questions and any nonpayment correspondence, including instructions on
how to request a credit line reduction, cancellation, or reinstatement, should be addressed to Beneficial Customer Service, 419 VILLAGE
DRIVE, CARLISLE PA 17013. Please include your name, address, and account number on all correspondence. Mail payment to:
BENEFICIAL FINANCE, POST OFFICE BOX 4153-K, CAROL STREAM IL 60197.
NOTE: PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION
DEA # PA LM:. # MD-024152-E
JEFFREY N. PortER, M.D.
BELMWd1E MEDr-u CWMA
850 WAMT sovo I Row
swn 101
Cmise, FA 17013
717-243-1515
ADDM U DAT
11 (pm. mt)
?14AIV &) 4 IKAIL_ 4
,?ff G rC t ?, Je, Ueer-t ck
REFILL TIMES PRN NR
SUBSTITUTION PERMISSIBLE _
IN ORDER FOR A BRAND NAME
THE PRESCRIBER MUST HANIA
OR'BRAND MEDICALLY NECES;
* / &-G-- M.D.
UCT TO BE DISPENSED,
'BRAND NECESSARY"
IN THE SPACE FLOW.
twnms?s_,oosrma.,o_m a,? ooo,
oc
6
September 10, 2007
Dear Bryan:
I am truly sorry about your ongoing physical problems.
However, because of the small size of my business, your absence
has already worked an extreme hardship on us and I can no longer
hold your position open, much less for the time period stated in
Dr. Hely`s letter. Therefore, I must terminate your employment
effective today. However, I intend to provide you with company
paid health insurance coverage through October 31, 2007.
Si cerely,
James E Gibboney Jr. President
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
B AN E. FAILOR
Date:
5
DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRYAN E. FAILOR, .
Defendant NO. 2006-1974 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Leslie A. Tomeo, Esq.
Rominger & Whare
155 South Hanover Street
Carlisle, PA 17013
IRWIN & McKNIGHT
By: Marcus A. McKnigh quire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: October 19, 2007
7
C>
-r
? ?,`?
?,,,,,? Y..,?
? ? ?vJ?
.? ?!!
DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
:PENNSYLVANIA
CIVIL ACTION - LAW
V.
BRYAN E. FAILOR,
Defendant NO. 2006-1974 CIVIL TERM
ANSWER TO NEW MATTER
AND NOW, this 25rd day of October 2007, comes Dedra L. Failor, by her attorney, Leslie
Tomeo, and make the following answer to the New Matter raised by Defendant's Answer with
New Matter to Plaintiff's Petition to Enforce Marital Settlement Agreement:
12. The averments of fact contained in paragraph twelve (12) of the Petition are admitted.
13. The averments of fact contained in paragraph thirteen (13) of the Petition are admitted in
part and denied in part. The Defendant was in fact unrepresented at the time the marital
settlement agreement was signed. However, Defendant did consent to the terms of the
marital settlement agreement and should have asked for clarification of the terms or
refused to sign the document if terms were unclear or unsatisfactory to him at that time.
14. The averments of fact contained in paragraph fourteen (14) of the Petition are admitted.
15. The averments of fact contained in paragraph fifteen (15) of the Petition are admitted.
16. The averments of fact contained in paragraph sixteen (16) of the Petition are admitted in
part and denied in part. It is admitted that Defendant was injured and unemployed in the
past. However, it is specifically denied that those circumstances are the reason that
Defendant is not making the payments and whether those circumstances continue to exist
currently.
WHEREFORE, the Plaintiff requests this Honorable Court to enforce the marital settlement
agreement entered into between the parties in this matter.
Respectfully submitted,
Lune i omeo, Ls uire
35 East High Str t, ste. 204
Carlisle, PA 170 3
(267) 254-1936
Supreme Court ID # 200198
Attorney for Plaintiff
16
DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
:PENNSYLVANIA
CIVIL ACTION - LAW
V.
BRYAN E. FAILOR,
Defendant NO. 2006-1974 CIVIL TERM
CERTIFICATE OF SERVICE
I, Leslie Tomeo, Esquire, attorney for Defendant, do hereby certify that I this day served a
copy of the Answer to New Matter upon the following by hand delivery:
Marcus McKnight, III, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Dated: I o12,97/6a
aA4??
Les ie Tomeo, E quire
Attorney for Pl ntiff
DEDRA L. FAILOR, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
CIVIL ACTION - LAW
V.
BRYAN E. FAILOR,
Defendant NO. 2006-1974 CIVIL TERM
VERIFICATION
Leslie Tomeo, Esquire, states that she is the attorney for Plaintiff, Dedra L. Failor, in this
action; that she makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: 1 o k/04-
e? a
'
ter} G? .?'.
Dedra L. Failor, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
Bryan E. Failor : NO. 06-1974 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO WITHDRAW PETITION TO
ENFORCE MARITAL SETTLEMENT AGREEMENT
Please withdraw the petition to enforce marital agreement filed on October 2,
2007, and cancel the hearing scheduled for November 29, 2007 at 3:30 in Courtroom 5.
The defendant has abided by the marital settlement agreement.
Date: November 27, 2007 Respectfully submitted,
JAslie Tomeosquire
35 East High 51treet, Ste. 204
Carlisle, PA 17013
Supreme Court ID # 200198
Attorney for Petitioner
['3 c7D i
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