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CYNTHIA A. MENTZER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DALLAS L. MENTZER, JR.,
DEFENDANT
94-0276 CIVIL TERM
ORDER OF COURT
AND NOW, this 10th day of April, 1995, a Rule Is issued against Dallas L.
Mentzer, Jr., to show cause why he shall not be adjudicated in contempt pursuant to
the within petition of Cynthia A. Mentzer. The Rule Is returnable at a hearing to be
held In Courtroom No.2 of the Cumberland County Courthouse at 10:30 a.m.,
Tuesday, April 25, 1995.
Jeff Foreman, Esquire
For Plaintiff
Kent H. Paterson, Esquire
For Defendant
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CYNTHIA A. MENTZER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 276 CIVIL 1994
DALLAS L. MENTZER, .JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
AND NOW, Ihis day of . 1995. upon considemtion of
the Petition of CYNTHIA A. MENTZER for CONTEMPT. Respondent DALLAS L.
MENTZER, .JR.. is hereby ORDERED to pa)' reasonable attorney fces in the amount of
Seven Hundred Fifty and 00/100 ($750.00) Dollars and execute all necessary
documents 10 tmnsfer ownership of a 1989 Eagle Medallion automobile subject to this
Courts Order of June 14. 1994. or show cause why the same should nlJt be done, Rule
returnable day from service oflhe samc upon Respondent,
BY THE COURT:
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CYNTHIA A. MENTZEl{,
l'lalntiff
: IN TIlE COUI{T OF COMMON PLEAS
: CUMIJEI{LANIl COUNTY, PENNSYLVANIA
v.
: NO. 276 CIVIL 1994
I)ALLAS L. MENTZEI~. .II~.,
I)cfcndant
: CIVIL ACTION - LAW
: IN I>IVOI{CE
PETITION FOI~ CONTEMPT
Petitioner CYNTHIA A. MENTZEl{, by her attorneys. NICHOLAS ANI)
FOI{EMAN. hereby moves this Ilonorable Court to enter an OI{I)EI{ OF CONTEMPT
against Respondent. I)ALLAS L. MENTZEI~, .m., because of his violation of this
Court's Order of June 14. ] 994. In support thereof. Petitioner avers as follows:
I. The Petitioner in the above-captioned matter is CYNTHIA A.
MENTZEl{ 01'4749 Brian Road. Meehanicsburg. Cumberland County. Pennsylvania.
2. The Respondent is I)ALLAS L. MENTZEI{, ,m., of 7073 Carlisle Pike.
Lot 42. New Kingston. Cumberland County. Pennsylvania.
3. Petitioner and Respondent were murried on October 3. 1987. in
Shiremunstown. Pennsylvania.
4. Petitioner filed un Action for Divorce before the Court of Common Pleas
of Cumberland County on January 24. 1994.
5. A Decree in Divorce was granted to CYNTHIA A. MENTZER and
DALLAS I.. MENTZER. JR.. on June 14. ]994. and the Decree in Divorce incorporated
the Separation and Property Settlement Agreement executed by the Petitioner and
Respondent on May II. ] 994. A tnte and correct copy of the Decree in Divoree is
attaehed hereto. labeled Exhibit "A" and made a part hereol: A true and correct copy of
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the Separation and Property SeUlement Agreement. as incorporated in the Decree in
Divorce, is aUached hereto. labeled Exhibit "B" and made a part hcreof..
6. The Separation and Property ScUlement Agrcement entered into by the
Petitioner and Respondent and dated May I]. 1994. which was incorporated in the
Decree in Divorce, requires at Section 4 on Page 2 thllt the 1989 Engle Medallion
automobile, which WIIS a maritlll IIsset of the Petitioner IInd the Respondent in their
marrillge, be the sole property of the Petitioner, and thc Pctitioner and Respondent turthcr
agreed in the Sepllrntion and Property SeUlement Agreement that was incorporated into
the Deeree in Divorce at Section 19 on Pages 7 and 8 that they would execute such
documcnts liS may be nccessllry and expedient to carry out and fully implemcntthe tenns
of the Separation IInd Property ScUlement Agreement.
7. Petitioner has fully complied with the Separation and Property SeUlement
Agreemcnt, IInd has properly executed all documents necessary and expedient to carry out
IInd tully implement the tenns of the Agreement.
8. Contrary to the express terms of the Separation lInd Property Seulement
incorporated into this Honorable Court's Order of June 14. 1994, Respondent has failed
IInd refused to execute a transfer in registnllion of the 1989 Eagle Medallion automobile
previously referenced despite repeated requests by Petitioner to do so.
9. Respondent's repeated failure to execute documents to tnmsfer title to the
1989 Eagle Medallion lIutomobile as is required in the Sepllration IInd Property
Seulement Agrccment is a willlulllnd deliberatc viollltion of the Ordcr of this Ilonorable
Court of June 14. ] 994. Petitioner believcs. on the bllsis of Respondent's repeated reluslll
to execute transfer documents for the 1989 Eagle Medallion automobile in viollltion of
the Order of this Ilonornblc Court that Respondent intends to continue to refuse to
execute such documents and that Respondents violmions are will ful. deliberate, and
withoUl just cause or legal excuse.
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10. Petitioner has incurred reasonable allorneys' Ices IInd Court costs in the
amount of Seven Hundred Filly and 00/100 ($750.00) Dollars to date in allempting to
enlorce the said Agreement Order of June 14, 1994 IInd these costs lire the responsibility
of Respondent set torth in pamgmph _ orthe sllid Agreement.
WHEI{EFORE, Petitioner, CYNTIUA A. MENTZER, request that Respondent
DALLAS L, MENTZER, ,m.. he held in Civil Contempt for viollltion of the Order of
this Honorable Court of June 14, 1994. IInd he Ordered to immediately execute any and
all documents necessary to tmnsfer ownership of the 1989 Eagle Medallion automobile
that was the subject maller orthe Separation and Property Selllement Agreement between
the I'etitioner and Respondent. which Agreement was incorporated in the Decree in
Divorce issued by this Honorable Court on June 14. 1994. and further that this
Honomble Court award Petitioner all reasonable counsel Ices and costs incurred by
Petitioner in enforcing the Court's Order of June 14. 1994.
Respectfully submilled.
NICHOLAS AND FOREMAN
Dated:
.1 /30/9 r
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By:
JEE. MAN. Esquire
32 North Front Street
Harrisburg, Pennsylvania 17110
(717) 236-9391
Sapreme Court ID # 72657
Allomeys for PlaintilT
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Exhibit A
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~ IN THE COURT OF COMMON PLEAS I
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~ OF CUMBERLAND COUNTY ~
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~ STATE OF ...,.; . PENNA. i
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AND NOW, .. .... ..J.l\I1E: .lA,... .... ... .. " 1994..... It is ordered and
decreed that . .GY.r!~~~'~" .~t;~~J;'.....................,......., plaintiff,
and .Dallas.L. .~tzer.. Jr........... ........................, defendant,
are divorced from the bonds of matrimony.
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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; None
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Exhibit B
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CYNTHIA A. MENTZER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
NO. 276 CIVIL 1994
DALLAS L. MENTZER, JR.
Defendant
IN DIVORCE
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
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Respectfully submitted,
NICHOLAS & FOREMAN
By --7--r1' ~A----f/ e>? fi? '/H-"-_
MICHAEL L. ROZMAN.I ESQUIRE
3207 North Front Street
Harrisburg, PA 17110
(717) 236-9391
Attorneys for Plaintiff
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AGREEMENT
AGREEMgNT made this
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1994, by
to as Wife)
and between CYNTHIA A.
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MENTZER (hereinafter referred
and DALLAS L. MENTZER, JR. (hereinafter referred to as Husband).
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on October 3,
1987; and
WHEREAS, differences have arisen between Husband and Wife
which have caused them to live separate and apart; and
WHEREAS, there is a divorce action pending between the parties
in the Court of Common Pleas of Cumberland County, Docketed at No.
276 Civil 1994; and
WHEREAS, the parties have reached a resolution conce,t"ning
distribution of marital property and other issues.
NOW THEREFORE, each party intending to be legally bound hereby
does agree as follows:
1. It shall be lawful for Husband and Wife at all times
hereafter to live separate and apart from each other and to reside
from time to time at such place or places as they respectfully deem
fit, free of any control, restraint or interference, direct or
indirect, by each other. Neither party shall molest the other or
compel the other to cohabit or dwell with him or her by any legal
or other proceedings. The foregoing provision shall not be taken
to be an admission on the part of either Husband or Wife of causes
to their living apart.
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2. The parties acknowledge that they have divided between
themselves the household goods and furnishings in a manner
satisfactory to both of them. The household goods and furnishings
now in the possession of each party shall remain the sole' and
individual property of that party.
3. Husband and Wife shall continue to own and enjoy, free
from any claim or right of the other, all of his or her personal
effects, such as clothing, jewelry, books, athletic equipment and
the like, wherever located.
4. The 1989 Eagle Medallion automobile shall be the sole
property of Wife, and Husband shall transfer all his right, title
and interest in said automobile to Wife. Wife shall assume payment
of the loan to Mellon Bank on account of purchase of thft autom9bile
and Wife shall indemnify and hold harmless Husband from all
liability for payment of said loan, including said reasonable
attorney's fees and costs.
5. The Astro mobile home jointly owned by the parties and
currently situated at Leiby's Mobile Home Park shall be placed for
sale and shall be sold for any reasonable price. The following
distribution shall be made from the proceeds of the sale:
A. All normal settlement costs including sales
commissions.
B. Payoff of the purchase money loan to Security
Pacific Finance Company.
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c. Any credits or monies owing to either party.
D. The balance thereafter shall be paid to Husband.
The parties have already listed the mobile home for sale with
Leiby's Mobile Home Sales, and they shall continue to keep' the
property for sale with a reputable sales agency. The parties shall
cooperate in conducting settlement and delivering possession of the
property to a buyer.
In the event there are insufficient funds from the sale of the
property to pay the purchase money loan to Security Pacific, then
the parties shall contribute, in equal shares, sufficient monies to
cover any such deficiency so that the loan can be paid in full and
title to the mobile home released to the buyer.
6. Wife shall have the right to exclusively reside at the
mobile home until such time as there has been settlement on the
sale of the mobile home. In such event, the Wife shall make the
loan payment to Security Pacific and the lot rent payment to
Leiby's Mobile Home Park for each month or part of the month that
she resides in the property. Wife has been residing in the mobile
home since the parties separated in January 1994 and shall be
responsible for making the aforesaid payments since that time. If
wife should vacate the mobile home, then the parties shall each pay
one half of the monthly loan payment and lot rent until settlement
on the sale of the property.
7. In the event Wife should vacate the mobile home, then
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Husband shall have the right (but he shall not be obligated) to
exclusively reside in the property. In such event, Husband shall
make the Security Pacific loan payment and the lot rent payment for
each month or part of the month in which he resides in' the
property.
If Husband should thereafter vacate the mobile home,
then the part~.es shall each pay one half of the monthly loan
payment and lot rent until settlement on the sale of the property.
8. Any outstanding real estate taxes for the year 1993 shall
be paid equally by Husband and Wife.
Any real estate taxes owing on the mobile home beginning with
the year 1994 shall be paid equally by Husband and Wife~ provided,
however, that the party exclusively residing in the mobile home
shall be responsible for payment of all real estate taxes on a pro
rata basis for all months or portions of a month that he or she
resides in the mobile home. If it is unknown at the time the taxes
are due and owing how long either party will reside in the mobile
home during the taxable year, then each party shall pay his or her
portion of the taxes owing until the date of paYment and shall
reimburse the other party at the end of the taxing authority's
fiscal year or at the time of settlement on the sale of the mobile
home, whichever is earlier.
9. Each party shall retain as his or her sole and individual
property any retirement or pension plan or 401K plan at his or her
place of employment.
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10. Each party releases the other party from any claim for
alimony or alimony pendente lite.
11. Each party shall assume payment of the charge account
that had been issued in their sole names. Wife shall assume
payment of the Visa, Master Card, Gordon Jewelers, and Fashion Bug
accounts that were issued in her name. Husband shall Assume
payment of the Visa account that was issued in his name. Each
party shall indemnify and hold harmless the other party from any
liability for payment of said charge accounts that have been
incurred by each party, including reasonable attorney's fees and
costs.
12. Except as otherwise provided herein, Wife hereby warrants
and represents that she has not heretofore incurred any deht or
obligation for which Husband now or in the future is or may become
liable. With respect to any such obligation incurred by Wife,
whether solely in her name or jointly, she agrees to pay same and
to indemnify and hold Husband harmless therefrom, including costs
and reasonable attorney's fees.
13. Except as otherwise provided herein, Husband hereby
warrants and represents that he has not heretofore incurred any
debt or obligation for which Wife now or in the future is or may
become liable. With respect to any such obligation incurred by
Husband, whether solely in his name or jointly, he agrees to pay
same and to indemnify and hold Wife harmless therefrom, including
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costs and reasonable attorney's fees.
14. Neither party shall, after the date of this Agreement, in
any manner incur debts or other obligations obligating the other or
incurring any debt in the name of the other, and each party shall
indemnify and hold harmless the other party of any such debts or
obligations, including costs and reasonable attorney's fees.
15. Wife does hereby release, remise, quitclaim and forever
discharge Husband and the estate of Husband from any and every
claim that she now has, may hereafter have, or can have at any time
against Husband or against his estate, or any par~ thereof, whether
arising out of any formal contracts, engagements or liabilities of
Husband; arising by way of dower or claim in the nature of dower,
widow's rights, or under the intestate law; arising by any rig~t to
take against Husband's Will; arising under the Divorce Code
including claim for determination and distribution of property,
claim for alimony, and claim for attorney's fees, costs and alimony
pendente lite; or arising by any other nature whatsoever excepting
only those rights accruing to Wife under this Agreement.
16. lIusband does hereby release, remise, quitclaim and
forever discharge Wife and the estate of Wife from any and every
claim that he now has, may hereafter have, or can have at any time
against Wife or against her estate, or any part thereof, whether
arising out of any formal contracts, engagements or liabilities of
Husband; arising by way of curtesy or claim in the nature of
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curtesy, widower's rights, or under the intestate law; ar~sing by
any right to take against Wife's Will; arising unde~ the Divorce
Code including claim for determination and distribution of
property, claim for alimony, and claim for attorney's fees, costs
and alimony pendente lite; or arising by any oth~r nature
whatsoever excepting only those rights accruing to Husband under
this Agreement.
17. The parties agree that this Agreement, C!r an~ parts
thereof, may be enforced in any court of any jurisdiction. The
above waiver of counsel fees and expenses shall not apply to,an
action for the enforcement of this Agreement. Husband agrees that
he will pay the reasonable counsel fees and costs incurred by Wife
in the event Wife shall bring any action against Hus~and ~o en~orce
the terms of this Agreement and ip further event that Wife is
successful in such action.
Wife agrees that she will pay the
reasonable counsel fees and costs incurred by Husband in the event
Husband shall bring any action against Wife to enforce the ,terms of
this Agreement and in the further event that Husband is successful
in such action.
18. Each of the parties agree to execute an Affidavit of
Consent to a Decree in Divorce pursuant to the Divorce Code, 23 Pa.
C.S.A., Section 330l(c).
This Agreement shall be incorporated
into but not merged with the Divorce Decree.
19. Husband and Wife mutually agree to execute such documents
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as may be necessary and expedient to carry out and fully implement
the terms of this Agreement.
20. Husband and Wife each represent and warrant that he and
she have made a full and complete disclosure to the other of,a1l
assets in which each party has an interest.
21. Both Husband and Wife acknowledge that they are fully
aware of the assets and income of each other and that they both
enter into this Agreement fully understanding their respective
rights and responsibilities. Each party has been fully informed as
to his or her legal rights and obligations and acknowledges that he
or she enters into this Agreement freely and voluntarily without
any duress or undue influence. Each party has had the opportunity
to receive independent legal advice, and each party acknowledges
that this Agreement is fair and equitable under the circumstances.
22. This Agreement shall be binding upon and shall inure to
the benefit of the parties' heirs, personal representatives and
assigns.
IN WITNESS WHEREOF. the parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals the
day and year first above written.
WITNESS:
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Cy.hthia A. Ment~er J
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VERIFICATION
I verilY that the statements made in this Pleading are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
section 4904 relating to unsworn falsification to authorities.
Dated: .3/3O/9S-
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CERTIFICATE OF SERVICE
I hereby certify thaI on the toli. day of March. 1995. I sentn copy of
the foregoing document by certilied muil. return receipt requested. to Defendunt, Dallus
L. Ment1.cr, Jr:s,uttomey:
Kent II. Patterson, Esquire
2211'ine Street
lIarrlsburg. Pennsylvania 17101
Respectfully submitted,
NICHOLAS AND FOREMAN
Dated: 3hd/f>
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By:
Jel
32 North Front Street
Harrisburg. Pennsylvania 17110
(717) 236-9391
Supreme Court ID # 72657
Attorneys lor PlaintilT
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF .. PENNSYLVANIA
No. ...i?'!.!\.............. .!;Jl!.U.... 1994
Versus
...Dallas..I.....Mentzer.; .Jr. .... ..............................
Defendant
DECREE IN
DIVORCE
AND NOW, ..~.V.~~.~... ......., 19~'t.. .., it Is ordered and
d d th t Cynthia A. Mentzer I I t'ff
ecree a. . . . . . . . . . . . . . . . . . .. ............................, pan I ,
and . ..~i;q..J.i,I~.!<,.tl~!l~:"~r:'.,. .41;"................................ defendant,
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of r.l{cq~ in this action for which a final order has not yet
been entered; '^-N ~
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CYNTHIA A. MENTZER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
NO. 276 CIVIL 1994
DALLAS L. MENTZER, JR.
Defendant
IN DIVORCE
SEPARATION AND PROPERTY SETTI,F.MENT AGREEMENT
Respectfully submitted,
NICHOLAS & FOREMAN
By ~ J-P~~/J'_
MIC L L. ROZMAN, SQUIRE
3207 North Front Street
Harrisburg, PA 17110
(717) 236-9391
Attorneys for Plaintiff
AGREEMENT
AGREEMENT made this
day of ~
MENTZER (hereinafter referred
/If!
1994, by
to as Wife)
and between CYNTHIA A.
and DALLAS L. MENTZER, JR. (hereinafter referred to as Husband).
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on October 3,
1987; and
WHEREAS, differences have arisen between Husband and Wife
which have caused them to live separate and apart; and
WHEREAS, there is a divorce action pending between the parties
in the Court of Common Pleas of Cumberland County, Docketed at No.
276 Civil 1994; and
WHEREAS, the parties have reached a resolution concerning
distribution of marital property and other issues.
NOW THEREFORE, each party intending to be legally bound hereby
does agree as follows:
1. It shall be lawful for Husband and Wife at all times
hereafter to live separate and apart from each other and to reside
from time to time at such place or places as they respectfully deem
fit, free of any control, restraint or interference, direct or
indirect, by each other. Neither party shall molest the other or
compel the other to cohabit or dwell with him or her by any legal
or other proceedings. The foregoing provision shall not be taken
to be an admission on the part of either Husband or Wife of causes
to their living apart.
2. The parties acknowledge that they have divided between
themselves the household goods and furnishings in a manner
satisfactory to both of them. The household goods and furnishings
now in the possession of each party shall remain the sole' and
individual property of that party.
3. Husband and Wife shall continue to own and enjoy, free
from any claim or right of the other, all of his or her personal
effects, such as clothing, jewelry, books, athletic equipment and
the like, wherever located.
4. The 1989 Eagle Medallion automobile shall be the sole
property of Wife, and Husband shall transfer all his right, title
and interest in said automobile to Wife. Wife shall assume payment
of the loan to Mellon Bank on account of purchase of the automobile
and Wife shall indemnify and hold harmless Husband from all
liability for payment of said loan, including said reasonable
attorney's fees and costs.
5. The Astro mobile home jointly owned by the parties and
currently situated at Leiby's Mobile Home Park shall be placed for
sale and shall be sold for any reasonable price. The following
distribution shall be made from the proceeds of the sale:
A. All normal settlement costs including sales
commissions.
B. Payoff of the purchase money loan to Security
Pacific Finance Company.
-2-
c. Any credits or monies owing to either party.
D. The balance thereafter shall be paid to Husband.
The parties have already listed the mobile home for sale with
Leiby's MobUe Home Sales, and they shall continue to keep' the
property for sale wi th a reputable sales agency. The parties shall
cooperate in conducting settlement and delivering possession of the
property to a buyer.
In the event there are insufficient funds from the sale of the
property to pay the purchase money loan to Security Pacific, then
the parties shall contribute, in equal shares, sufficient monies to
cover any such deficiency so that the loan can be paid in full and
title to the mobile home released to the buyer.
6. Wife shall have the right to exclusively reside at the
mobile home until such time as there has been settlement on the
sale of the mobile home. In such event, the Wife shall make the
loan payment to Security Pacific and the lot rent payment to
Leiby's Mobile Home Park for each month or part of the month that
she resides in the property. Wife has been residing in the mobile
home since the parties separated in January 1994 and shall be
responsible for making the aforesaid payments since that time. If
wife should vacate the mobile home, then the parties shall each pay
one half of the monthly loan payment and lot rent until settlement
on the sale of the property.
7. In the event Wife should vacate the mobile home, then
-3-
-
Husband shall have the right (but he shall not be obligated) to
exclusively reside in the property. In such event, Husband shall
make the Security Pacific loan payment and the lot rent payment for
each month or part of the month in which he resides in' the
property. If Husband should thereafter vacate the mobile home,
then the parties shall each pay one half of the monthly loan
payment and lot rent until settlement on the sale of the property.
8. Any outstanding real estate taxes for the year 1993 shall
be paid equally by Husband and Wife.
Any real estate taxes owing on the mobile home beginning with
the y.ar 1994 shall be paid equally by Husband and Wife; provided,
however, that the party exclusively residing in the mobile home
shall be responsible for payment of all real estate taxes on a pro
rata basis for all months or portions of a month that he or she
resides in the mobile home. If it is unknown at the time the taxes
are due and owing how long either party will reside in the mobile
home during the taxable year, then each party shall pay his or her
portion of the taxes owing until the date of payment and shall
reimburse the other party at the end of the taxing authority's
fiscal year or at the time of settlement on the sale of the mobile
home, whichever is earlier.
9. Each party shall retain as his or her sole and individual
property any retirement or pension plan or 401K plan at his or her
place of employment.
-4-
10. Each party releases the other party from any claim for
alimony or alimony pendente lite.
11. Each party shall assume payment of the charge account
that had been issued in their sole names. Wife shall assume
payment of the Visa, Master Card, Gordon Jewelers, and Fashion Bug
accounts that were issued in her name. Husband shall assume
payment of the Visa account that was issued in his name. Each
party shall indemnify and hold harmless the other party from any
liability for payment of said charge accounts that have been
incurred by each party, including reasonable attorney's fees and
costs.
12. Except as otherwise provided herein, Wife hereby warrants
and represents that she has not heretofore incurred any debt or
obligation for which Husband now or in the future is or may become
liable. With respect to any such obligation incurred by Wife,
whether solely in her name or jointly, she agrees to pay same and
to indemnify and hold Husband harmless therefrom, including costs
and reasonable attorney's fees.
13. Except as otherwise provided herein, Husband hereby
warrants and represents that he has not heretofore incurred any
debt or obligation for which Wife now or in the future is or may
become liable. With respect to any such obligation incurred by
Husband, whether solely in his name or jointly, he agrees to pay
same and to indemnify and hold Wife harmless therefrom, including
-5-
cOltl and realonable attorney's fees.
14. Neither party shall, after the date of this Agreement, in
any manner incur debts or other obligations obligating the other or
incurring any debt in the name of the other, and each party shall
indemnify and hold harmless the other party of any such debts or
obligations, including costs and reasonable attorney's fees.
15. Wife does hereby release, remise, quitclaim and forever
discharge Husband and the estate of Husband from any and every
claim that she now has, may hereafter have, or can have at any time
against Husband or against his estate, or any part thereof, whether
ariling out of any formal contracts, engagements or liabilities of
Husband; arising by way of dower or claim in the nature of dower,
widow's rights, or under the intestate law; arising by any right to
take against Husband's Will; arising under the Divorce Code
including claim for determination and distribution of property,
claim for alimony, and claim for attorney's fees, costs and alimony
pendente lite; or arising by any other nature whatsoever excepting
only those rights accruing to Wife under this Agreement.
16. Husband does hereby release, remise, quitClaim and
forever discharge Wife and the estate of Wife from any and every
claim that he now has, may hereafter have, or can have at any time
against Wife or against her estate, or any part thereof, whether
arising out of any formal contracts, engagements or liabilities of
Husband; arising by way of curtesy or claim in the nature of
-6-
- -~.
curtesy, widower's rights, or under the intestate law, ariling by
any right to take against Wife's Will, arising under the Divorce
Code including claim for determination and distribution of
property, claim for alimony, and claim for attorney's fees, costs
and alimony pendente lite; or arising by any other nature
whatsoever excepting only those rights accruing to Husband under
this Agreement.
17. The parties agree that this Agreement, or any parts
thereof, may be enforced in any court of any jurisdiction. The
above waiver of counsel fees and expenses shall not apply to an
action for the enforcement of this Agreement. Husband agrees that
he will pay the reasonable counsel fees and costs incurred by Wife
in the event Wife shall bring any action against Husband to enforce
the terms of this Agreement and in further event that Wife is
successful in such action.
Wife agrees that she will pay the
reasonable counsel fees and costs incurred by Husband in the event
Husband shall bring any action against Wife to enforce the terms of
this Agreement and in the further event that Husband is successful
in such action.
18. Each of the parties agree to execute an Affidavit of
Consent to a Decree in Divorce pursuant to the Divorce Code, 23 Pa.
C. S .A., Section 3301 (c) .
This Agreement shall be incorporated
into but not merged with the Divorce Decree.
19. Husband and Wife mutually agree to execute such documents
-7-
. .
as may be necessary and expedient to carry out and fully implement
the terms of this Agreement.
20. Husband and Wife each represent and warrant that he and
she have made a full and complete disclosure to the other of all
assets in which each party has an interest.
21. Both Husband and Wife acknowledge that they are fully
aware of the assets and income of each other and that they both
enter into this Agreement fully understanding their respective
rights and responsibilities. Each party has been fully informed as
to his or her legal rights and obligations and acknowledges that he
or she enters into this Agreement freely and voluntarily without
any duress or undue influence. Each party has had the opportunity
to receive independent legal advice, and each party acknowledges
that this Agreement is fair and equitable under the circumstances.
22. This Agreement shall be binding upon and shall inure to
the benefit of the parties' heirs, personal representatives and
assigns.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals the
day and year first above written.
WITNESS:
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NICHOLAS & FOREMAN
. .
CYNTHIA A. MENTZER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
v.
DALLAS L. MENTZER, JR.,
Defendant
: NO. 276 CIVIL 1994
: 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:
I. Ground for Divorce: Irreconcilable Differences under Section 330 I (a) (I) of the
Divorce Code.
2. Date and manner of service of the complaint: January 25, 1994 by personal service.
3. Date of Execution of the PlaintilT's Affidavit required by Section 3301 (a) (I) of the
Divorce Code: May 31, 1994 of Execution the Defendant's Affidavit required by Section 330 I
(a) (I) of the Divorce Code: May II, 1994.
4. Related claims pending: None
Respectfully Submiued,
,
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MICHAEL L:ROZMAN, E'SQUIRE "-
NICHOLAS & FOREMAN
3207 North Front Street
Harrisburg, Pennsylvania 17110
(717) 236-9391
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: CIVIL ACTION - LAW
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. .2 7t. C~ 6'1</
CYNTHIA A. MENTZER,
v.
DALLAS L. MENTZER, JR.
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must make prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Domestic Relations Section, Dauphin County Courthouse, Harrisburg,
Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOST THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Fl., Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
NICHOLAS & FOREMAN
Bt:2..0'~
MICHAE L. ROZMAN, ES UIRE
3207 North Front Street
Harrisburg, PA 17110
(717) 236-9391
Attorneys lor PlaintHr
: CIVIL ACTION - LAW
CYNTHIA A. MENTZER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO.
v.
DALLAS L. MENTZER, JR.
Defendant
: IN DIVORCE
NOTICIA
Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas
expuestns en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notilicacion. Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archivar en la corte en forma escrita sus defensns 0 sus objeciones a Ins demandns en
contra de su personal. Sea avisado que si usted no se deliende, la corte tomara medidns y puede
entrar una orden contra usted sin previo aviso 0 notilicacion y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. SI NO THlENE
ABOGADO 0 SI NO TIENNE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO,
V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
4th Fl., Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
NICHOLAS & FOREMAN
By P14'1~~-;;f~~
MICHAEL L. ROZMAN. ES IRE
3207 North Front Street
Harrisburg. PA 17110
(717) 236-9391
Attorneys for Plaintiff
.._~;.,
CYNTHIA A. MENTZER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVILA ACTION - LAW
NO. .nt. CW /1'; '/
IN DIVORCE
DALLAS L. MENTZER, JR.
Defendant
WAIVRR OF COlmSELING
1. I have been advised of the availability of
marriage counseling and understand that I may request that the
Court require that my spouse and I participate in counseling.
2. I understand that the Court maintains a list of
marriage counselors in the Prothonotary's Office, which list is
available to me upon request.
3. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a
divorce decree being handed down by the Court.
Dated:
~. n I-hA t1 ~ It
C HIA A. MENTZER
1f10d11J-
CYNTHIA A. MENTZER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO. .2 7i e..~ / 1 <1 'f
v.
: CIVIL ACTION - LAW
DALLAS L. MENTZER, JR.
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the above-named Plaintiff. CYNTHIA A. MENTZER, by her
attomeys, NICHOLAS & FOREMAN. and respectfully presents the following:
I. Plaintiff is CYNTHIA A. MENTZER. an adult individual, mi .iYris.
presently residing at 7073 Carlisle Pike, Lot 42. Carlisle, Cumberland County, Pennsylvania
17013.
2. Defendant is DALLAS L. MENTZER, JR., an adult individual, mi.iYris,
presently residing at 7073 Carlisle Pike Lot 64, Carlisle, Cumberland County, Pennsylvania
17013.
3. Plaintiff and Defendant have been bona tide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on October 3, 1987 in
Shiremanstown, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. PlaintilTand Defendant are both eitizens ofthe United States of America.
7. Plaintiff and Defendant are not members of the armed services of the
United States.
8. The Plaintiff has been advised of the availability of counseling and she
understands that he may request that the Court require the parties to participate in counseling, but
avers that she does not require marriage counseling.
9. The Plaintiff avers that the grounds on which the action is based are:
(a) That the marriage is irretrievably broken;
10. Plaintiff requests the Court to enter a Decree in Divorce.
. ,
Wherefore, Plaintiff prays your Honorable Court to enter an Order dissolving the marriage
between the parties.
Respectfully submitted,
NICHOLAS & FOREMAN
B~~~~~
MICHA L L. ROZMAN, ES UlRE
3207 North Front Street
Harrisburg, PA 17110
(717) 236-9391
, .
VERIFICATION
I verify that the statements made in this Pleading
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.
~tk~ tL f&~
C RIA A. MENTZER
DATED:
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NICHOLAS & FOREMAN
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CYNTHIA A. MENTZER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYI.V ANIA
vs.
: CIVIL ACTION-LAW
DALLAS L. MENTZER, JR.,
Defendant
: NO. 276 CIVIL 1994
: IN DIVORCE
ACCEPTANCE OF SERVICE
This will certify that I, Dallas L. Mentzer, Jr., did accept service of the Divorce
Complaint filed against me to the above-captioned term and number, on January 25, 1994.
~U!D.L (' /1J~Jr--
DALLAS L. MENTZER, JR. 0
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Dated: June 6, 1994
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CYNTHIA A. MENTZER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 276 CIVIL 1994
DALLAS L. MENTZER, JR.
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on January 24. 1994.
2. The marriage of the 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.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has
not been filed with the Court before the entry of a final Decree
in Divorce, the right to claim any of them will be lost.
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 unsworn
falsification to authorities.
DATED: MAY 31,
(':- .ntit I~ tl () 212 JL1 ,,_,
yYTHIA A. MENTZER
1994
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CYNTHIA A. MENTZER
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUHBERLANDCOUNTY, PENNSYLVANIA
: NO. 276 CIVIL 1994
: CIVIL ACTION - LAW
: IN DIVORCE
v.
DALLAS L. MENTZER, JR.
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on January 24, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint,
3. I consent to the entry of a final Decree in Divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has not
been filed with the Court before the entry of a final Decree in
Divorce, the right to claim any of them will be lost.
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. S 4904 relating to unsworn
falsification to authorities.
Date: 57;//'11-/
.
Dallas L.
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CYNTHIA A. MENTZER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DALLAS L. MENTZER, JR.,
DEFENDANT
94-0276 CIVIL TERM
ORDER OF COURT
AND NOW, this 25th day of April, 1995, the petition to hold the defendant In
contempt, IS DENIED.
Jeff Foreman, Esquire
For Plaintiff
I
Kent H. Paterson, Esquire
For Defendant
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CYNTHIA A. MENTZER
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 276 CIVIL 1994
CIVIL ACTION - LAW
v.
DALLAS L. MENTZER, JR.
Defendant
IN DIVORCE
ANSWER TO PETITION FOR CONTEMPT
AND NOW comes Defendant/Respondent, Dallas L. Mentzer, Jr. by
his attorney, Kent H. Patterson and files this Answer to
Plaintiff/Petitioner's Petition for Contempt, as follows:
1- Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admi tted.
6. Admitted.
7. Denied. It
is denied that Petitioner has fully complied
with the terms of the Property Settlement Agreement for the reasons
set forth in New Matter below.
8. Admi tted in part and denied in part. It is admitted that
Respondent has not executed a transfer in the registration for the
1989 Eagle Medallion automobile but it is denied that Respondent
has refused to execute a transfer and it is denied that Petitioner
has made any request for Respondent to do so.
9. It is denied that Respondent has refused to transfer
title to the automobile to Petitioner.
It is denied that
Respondent has violated the Order of Court or intends to violate
the Order of Court or do anything willful, deliberate and without
just cause or legal excuse.
10. Respondent is wi thout knowledge or information sufficient
to form a belief as to the truth of the averment that Petitioner
has incurred attorney's fees in the amount of $750 in filing her
Petition for Contempt. It is denied that Respondent is responsible
for Petitioner's counsel fees in this matter and it is denied that
counsel fees of $750 are reasonable.
WHEREFORE, Respondent requests Your Honorable Court to dismiss
Petitioner's Petition for Contempt.
NEW MATTER
11. At the time the Property Settlement Agreement was
executed on May 11, 1994, the title to the 1989 Medallion
automobile was held by the bank which financ&d the automobile and
said title could not be transferred at that time.
12. Sometime subsequent to the entry of the Divorce Decree,
Petitioner obtained the title to the automobile from the bank after
the loan had been paid off.
13. After Petitioner obtained ti Ue to the mobile home,
Petitioner did not make any request to Respondent that Respondent
execute the title or other documents to transfer title to the
mobile home to Petitioner.
14. Petitioner exclusively resided in the mobile home from
January 1994 through July 16, 1994 and under the terms of
-2-
-,
paragraphs 6 and 8 of the Property Settlement Agreement, Petitioner
was responsible for payment of the loan and real estate taxes for
the mobile home.
15. After Petitioner vacated the mobile home, neither party
resided in it from July 16, 1994 until January 1995 when Respondent
moved into the mobile home and under the terms of paragraphs 6 and
8 of the Property Settlement Agreement, Petitioner was responsible
for payment of one-half of the loan and the real estate taxes for
the mobile home.
16. Petitioner failed to pay real estate taxes and make loan
payments during the time she exclusively resided in the mobile home
and failed to pay her share of the loan payments and real estate
taxes from the period July 16, 1994 to January 1995 after she
vacated the mobile home.
17. Petitioner's conduct in filing the Petition for Contempt
was arbitrary, vexatious and in bad faith.
WHEREFORE, Respondent requests Your Honorable Court to dismiss
the Petition for Contempt and to assess costs against Petitioner
including Respondent's reasonable counsel fees.
L f-/~_
~nt H. P~t{({s~n
Attorney for Defendant
221 Pine Street
Harrisburg, PA 17101
(717) 238-4100
-3-
CYNTHIA A. MENTZER
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 276 CIVIL 1994
CIVIL ACTION - LAW
IN DIVORCE
DALLAS L. MENTZER, JR.
Defendant
CERTIFICATE OF SERVICE
I, Kent H. Patterson, attorney for Defendant in the case
captioned above, hereby certify that on April 25, 1995, I served
Plaintiff with the foregoing Answer to Petition for Contempt by
handing her attorney of record, Jeffrey Foreman, Esquire a true and
correct copy of same at the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania, 17013.
~~/(~
ent H. Patterson
Attorney for Defendant
221 Pine Street
Harrisburg, PA 17101
(717) 238-4100
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