The URL can be used to link to this page

Home My WebLink About94-02665 \. 'Ifiomas fJJ. qouUf 2 E. lAAlN STREET SHIREllANSTOWN. PA 17011 ATTORNEYATLAW June 27, 1996 Donald W. Weller 1781 Main Street (Lisburn) Mechanicsburg, PA 17055 Re: Court Order Dear Mr. Weller: ( (717) 731.1~1 PAX 78101814 Enclosed is your copy of Judge Hoffer's Order, signed on July 27, 1996. You have been held in Contempt of his July 26, 1995 Order. You must do as the Order directs or you may be subject to incarceration. Ms. Weller does not wish to see you go to jail; however, you must follow the court order and comply with the terms of the Marital Settlement Agreement. To insure a proper record of your payment for Ms. Weller's attorney fees, please forward your payment to me. Sincerely, ~a-I]; Thomas D. _ ___ ce., ChA.~l..n'''''''~.'-'L-- '/ · I l\ !\ .iiI !II ENDER: _"---- Mme.. . Complet. ItIIrna 1 Mdlor 2 'or ~ . " Compte.. tt.mt 3. Iftd .. · b. the""'" at thI. form 10 \hit WI can . Print your "81M tnd IddrnI an rttUtn Cha cent to you. t f the rMMpitce Of on the bKk It ,pece . . Atueh thia form to I:hI ront 0 . ~ _.not......... "....__....-- 2. D R.."lct.d O.lIv.ry ! . Writll"R.u..mRKeiptR~td onb ~endtMdlt. ? . The Rnum ReceiPt wiI ahow to whom t:hI.ude w.. Conlult oatmaster for fee. :; del~. 48. Article Number 'i 3. Articl. Addr...od to: ,31 s l{ 99'/' i ......... 01\ (!,.., d. (,J _ vh. L (I' r 4b. S.rvlc. Typ. t j) \. ( . 1 ) D Reglst.red D In.urod 8 {7~1 MalA ST. L,$l)l.((/\ rjle.rtiflod DeaD , . ~ It D uP"" M.lI ~~.turn R"f.'Pt lor l; IY\l?Cha.I\IC~lA.rj I 010 Iv ry - no~S- 7~ I alia wish to receive the following .ervlces tfor an extr. 1..1: " D Addr.u.... Addr... on.MO !AO.nU ~ '! l!1I1 II IIII! filII ,,: PS Form . oocembo, 1991 ~ '- tI tf oU.s.QPO:t~114 DOMESTIC RETURN RECEI~ P 31b 454 99b "- S ~"" ~~"" _lloMly F.. U1 8l Rolon RocoipC Showilg 10 (,/0 - _ I 0aI0 llohnd i -RIcoll~" 0..1__ l TOTAL"-"_ $ ;2.. ~ 2 I C') PoIImMl Of 0* \ ~ (,/:2 7 hi - ( (' CHARLO'r'rE E. WELLl!:R, . IN 'rHl!: COUR'r or COMMON PLE:AS . PI!:'rI'rIONl!:R . CUMBERLAND co~r,PENNStLVANIA . . . v. . NO. 94-2665 CIVIL 'rERM . . . DONALD W. WELLl!:R, . CIVIL AC'rION . Rl!:SPONDI!:N'r : IN DIVORCE ORDER or COUR'r AND NOW, this .;zz!!.day of . ), ", 'e. , 1996 after a hearing this Court finds that Donald W. Weller, is in contempt of this Court's July 26, 1995 Order by failing to make the required payments on the Harris Savings loan and by failing to apply for a loan in his name to pay the Harris Savings loan. Donald W. Weller is ordered to pay $500.00 each month on the Harris Savings Bank loan, account I 50600052, until the entire balance is paid in full. He is also ordered to make application within 5 days for a loan in his name or the name of his business to cover the outstanding balance of $23,106.03, plus the $2,200.00 Charlotte E. Weller paid, on the Harris Savings loan. He is given 60 days to pay the $2,611.39 that he is in arrears pursuant to the payment schedule in the July 26, 1995 Order. Donald W. Weller is ordered to serve 1Cl days in jail, however this sentence is suspended if he complies with this Order and continues to make payments ordered by this court. Donald W. Weller is ordered to reimburse, within 30 days, Charlotte E. Weller's attorney fees of $300.00~ r TRU~ C'OPY FROM RECORD n Tastlmonywher80f, I hers unto set my hand 3nd the sear at said Coo at Carlisle Pa Thl ~ cia . ' ',' . , ,1 BY THE COURT: A/.J:t~cr'P Jt(IA~ J. . LAW OFFICE OF THOMAS D. GOULD THOMAS O. GOULD MICHAEL S. TRAVIS' oAOMnlD HaW .lIRSIY BAA &J 2 EAST MAIN STREET SHIREMANSTOWN,PA 17011 (717) 731-1.81 FAX 781.197. October 10, 1996 Donald W. Weller 1781 Main Street (Lisburn) Mechanicsburg, PA 17055 Re: Court Order Dear Mr. Weller: Enclosed is your copy of Charlotte E. Weller's Petition For Contempt and Judge Hoffer's Order, signed on October 7, 1996. You are ordered to appear on October 16, 1996. Sincerely, ~'V/ /). b-t/ Thomas D. Gould P 430 55b 825 .. --- -.-.------.-.- . '-"'1 I I 11\ ~I ~I a.' l' II: S'.1S" e i tl ';1 -!I "I 15. 1\ ~ l Domestic Retum Receipt I - c o 1 3, ArtICle Addressed to: .! j)v"~& w. (,J~llu i \ 1 ~ I Ma.I',) S1'rHi[LiiBUR.IJ) - ('J rV\ec.h~"lct-bll."j I .:l. I?"ST ... EN R: I: J . CornpI.1 iteml t 1NJI0If 2 for tdditIonIl ..,...;cei.: · .Compl..it."..3.....ancI..b. ,ni'tonnlOlhllwecanfltLn\tN. I . Pl'tnI your nll'M Ind add,... on It'll ,......... 0 \ ! ~ .::".J' J:'io.m 10 1110 '""" 011110 __. 01 an"tho bock ~ _ - naI ! .=RtM'n R~ R~ on the rnaipiect below the anide ru1'Get .s -The RMurn RtC4Iipt wtllhow 10 wham 1t'II1ltid..as dIIvetId Ind the dill <101_ S. Received By: (Print Nsme) ~ 8, Slgnature~S$B~ ~ge~ , ~ X 1fX'A.'~~ .!l PS Fonn 3811, OecemDer 1994 Posla<Je $ Certified Fee Soeaal Oelively Foe Reslticlod 0....1'( Foe .... g:: Recum R8Celpt ShoWWl9 to - 'Nhom &. DIIII OelrVered ~ a. -""...9omj ~-, 0( Oate.1 Mtme,"s AdlhSS Q' g TOTAL POS1aqe & FMS S ~ Postmafjt Of Oalll ~ N/tu/9G '" ,,-, 1. ?~ /./v S'.~u -- CHARLO'J:'J:E E. WELLER, PI!:'J:I'J:IONER IN THE COUR'J: OF COMMON PLEAS CUMBERLAND COUN'J:Y,PENNSYLVANIA NO. 94-2665 CIVIL 'J:ERM v. DONALD W. WELLER, RESPONDEN'J: CI'/IL ACTION IN DIVORCE ORDER OF COUR'J: AND NOW, this ..:J!!: day of <n.d: . , 1996 after reviewing Petitioner's Petition for Contempt and Enforcement of Ma.rital Settlement AgreeMent it is hereby ORDERED that Respondent, Donald W. Weller, and Petitioner, Charlotte E. Weller, appear on the J~-uL day of ~T~ , 1996 at ,: 30 1.M. in Courtroom i-2L, Cumberland County Courthouse, Carlisle, Pennsylvania to show cause why the Petitioner's Petition should not be granted. BY THE COURT: IS/~~tE.~ J. TRUE COpy FROM RECORD In j,'st:mony whor~of. I here unto tet my hand and the seal of said Court at Carlisle. Pa. This ....$.,~.... day of.,.....~,:.. 19..~.~. _.",......~~-~..:.-::f~,':-!- 15~ Prothonotary " LAW OFFICE OF THOMAS D. GOULD THOMAS 0, GOULD MICHAEL S. TRAYIS' '~n(D HEW JERSEY BAR . 2 EAST MAIN STREET SHIREMANSTOWN,PA 17011 (717) 731,1481 FAX 781.1974 PLAiNTiFFs EXHIBIT ~- -. /bl/ ((,_~ October 10, 1996 Donald W. Weller 1781 Main Street (Lisburn> Mechanicsburg, PA 17055 Re: Court Order Dear Mr. Weller: Enclosed is your copy of Charlotte E. Weller's Petition Contempt and Judge Hoffer's Order, signed on October 7, 1996. are ordered to appear on october 16, 1996. Sincerely, 11umM /). ~ Thomas D. Gould - -~~,..-~,-,._--'..-~=="""...,..--..~ ~---- -.." - 5. Received By: (Prinf Name) 1 alSO wish to ,ecelve \ho : 2101 odcI\kll1II ., following I9rvtce8 (fo' on :=::::: ~''::'_':.s 4bo"" 1M ...... of tHetorm 10 IhII WI can ralum this extra fee): Add .. i Prlnl~'namoond" ~Add'0S890'8 '0_ i I. ,.- bIck" splc. doeS not card to you~_ to ,he ttonI of II'lI rfIIlIPeot. 01 on" DailY .AAochlhil~'" _ es\rlCled ery a I .=R"",,"R_plR~od':Il'oom:=:::..:r=\hOdoI' 'tp08tmal1lO'fO'fee, II .I _The Allum Receipt wIIlhOW to -a:J d.""rod. 48, Ar1Ic1e Numbe' 15 3 Ar1Ic1eAddreBsod10: I L () ssG li'.lS" E I, i ~ I.f W. (,J<l tl 4b ServtceTypo i li ,U .:ll\",^ 0. ( . )' lil Certified Ii . IT{~-tiL/.IS814~'" 0 ReglBtered b Insured ~ ,; \ "J\: \ lVIlll" . ) 0 express Mall !I I .1 ( A. I? 11..5" Return I\eC8ipl for Me!d\8ll<lS9 0 COD _15 n~ e (.nQ. 'II C n:l lA,( j I 1 1 !l 6, SlgnatUrodddro..a~}g~ ~ X 'lX'..." L-" ',;..It (./ .!! PS Fonn 3811, Oecomber 1994 I Domestic Return Receipt For You P 430 SSb !l2S Posfage $ Certified Fee Speaal Deliver, Fee Restricted Oeivery Fee on m Return Receipt Showing 10 : INhom & Dale De.vered ii ",",'" Ro:~ St<>mJ b""""'. c;( DJlt'. & Mt~'s AG:reu o g TOTAL Pos1age & Fees M PO!>lm,lMl Of Dale E <; Ie <J'l r. )., ? ~ ,./u $ ~.~li ;J/I./96 ~,.. CHARLO'r'rE E. WELLER, : IN THE COUR'r OF COMMON PLEAS PE'rI'rIONER . CUMBERLAND COUN'rY,PENNSYLVANIA . . . v. . NO. 94-2665 CIVIL 'rERM . . . DONALD N. WELLER, . CIVIL AC'rION . RESPONDEN'r . IN DIVORCE . ORDER OF COURT AND NOW, this ..1!!: day of CP.d: . , 1996 after reviewing Petitioner's Petition for Contempt and Enforcement of Marital Settlement Agreement it is hereby ORDERED that Respondent, Donald N. Neller, and Petitioner, Charlotte E. Weller, appear on the I~<UL day of (o..-rT~ , 1996 at ':';0 -E.M. in Courtroom I~, Cumberland County Courthouse, Carlisle, Pennsylvania to show cause why the Petitioner's Petition should not be granted. BY THE COURT: IS/~'-y- tE. ~ J. TRUE COpy FROM RECORD In T,'st:mony wh~reof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This...$..:0.:.... day of,......~-!;,,~., 19j.~. _'N'''....~~_..~...:,x:~~ J5~ Prothonotary 4 . ~ ~ 2 E. MAIN STREET SHIREMANSlOWN, PA 17011 rzFwmas'D. qoufi ATTORNEYATLAW (717) ~'.I<l81 FAX 781,1874 , PI.AINJ1FF'8 , , EXHIBIT' 1/ June 27, 1996 Donald W. Weller 17a1 Main Street (Lisburn) Mechanicsburg, PA 17055 Re: Court Order Dear Mr. Weller: Enclosed is your copy of Judge Hoffer's Order, signed on July 27, 1996. You have been held in Contempt of his July 26, 1995 Order. You must do as the Order directs or you may be subject to incarceration. Ms. Weller does not wish to see you go to jail; however, you must follow the court order and comply with the terms of the Marital Settlement Agreement. To insure a proper record of your payment for Ms. Weller's attorney fees, please forward your payment to me. Sincerely, ~a?]),~ Thomas D. Gould cc. Charlotte Weller '. ......, "I' \' '.- ---.~~ -, - . . P 316 454 996 f L r t' , , . " . ~ - $ Cel\IodF.. ) SpociIIIleIiYefY F.. Res1rIdod DeiVII'f F.. '" 8l ReIum _ ShowInllIo I ' I () - _ & o...lloiWlOCI 'l! :t RoUn_9-'l~-, 011I.1 A6t..... AdrhIS g TOTAL P....ge & Feel $ ;2..~2 ... C'1 Postn\IJtl.otOate < ~ C/;;. 7/lt .- .... .2 <II 0- . , ~ t.' , ' t" f' # " ."\ \ ."~ -, , to;; SI.,.compIeteit.m., andIor 2 for Iddttlonll HMceI. I ,1'0 with to receive the ~rl' ..:_:~":r '= ~ ~~: ~ the """.. of thll form 10 that w. can following ..rvlc.. (for. In .I.trel' '. '__..nllo...., foel: " . ,AnKh thlI fonn to .t. front of the "*'1Nc'. or on the blck If Ipllce 1. 0 Addre....', Addr... clool not pIIIlllt. I ' . Wrlto "Rltum R~ R.......... on the m....... bllow Iho"- _r 2, 0 Restricted Oenvsry I -e . - The RItUm Rtcelpt wilt ahow to whom the article WI' dllWtNd and the dI.. g delvettd. Conlult oltm..ter for f... I 3, Anlcle Addrelled 10: 4e. Anlcle Number )) 0" ",l d.. {,J. (.,J.( LIt' r 4b, serv~! Type 9'1.{, I B (7(,( /Yla' $T' (Lis-bull\) DReglstsred o Insured o I". ~Cenlfled 0 coo f n" L '.-l IA. ~ f+ 0 Express Men I,;il.Return Receipt for 1 I r lee nQ. " I C f \) r j I ! 170~~ 7 010 Iv ~ l: e~ 4.. ~ Addres eo s Addrels (Only II requested ~ .......~ end leols peld) ~ , ! t r , i , . h:. " ii . '1 " I ! ) f,,_ . 'l . I' ;1 I' " ;' PS Form . December 1991 ..u.a. GPO: ,10)-362-71. DOMESTIC RETURN RECEIPT , , .. ., .. -- , \ ""~ -, '_.~.# ~ ;' i , I t I I t I , I , I 0ff1c/0I BUlin... /111 _...--~._~-- ~" - US MAil 'UNITED BTATE8 POBTAL BERVlCE ::: PENALTY FOIrPANATE ' USE TO AI/OlO PAYMENT OF PQSTAGE. S300 . '\ Print your name, addrass and ZIP Coda here . . 1I>hOMC\J 'D. Gou..lJ, E'sr_ ).. cctJT f1/)a;1'\ sr I'r-€.-r Si1'~M'i1'\ rTrJ t-J 11. ,o~ I?O I( f I I I I I I I J I I I I I ! --<'~ ; I I , I I r - t . I lj r , , I- . ~~ $300.00. TRUE COpy FROM RECOR In TesllmOnYWher80f.1 here unto set my ~Ild 3M the sear of said Cou at Carlisle Pa Thl f-t, da ' , . ~ 1 . ,,,,,",, ~ CHARLO~'rE E. WELLER, . IN THE COURT OF COMMON PLEAS . PE~I~IONER . CUMBERLAND COUN~Y,PENNSYLVANIA . . . v. . NO. 94-2665 CIVIL ~ERM . . . DONALD W. WELLER, . CIVIL ACTION . RESPONDEN~ . IN DIVORCE . ORDER OF COURT AND NOW, this ~day of ')H1c.. , 1996 after a hearing this Court finds that Donald W. Weller, is in contempt of this Court's July 26, 1995 Order by failing to make the required payments on the Harris Savings loan and by failing to apply for a loan in his name to pay the Harris Savings loan. Donald W. Weller is ordered to pay $500.00 each month on the Harris Savings Bank loan, account # 50600052, until the entire balance is paid in full. He is also ordered to make application within 5 days for a loan in his name or the name of his business to cover the outstanding balance of $23,106.03, plus the $2,200.00 Charlotte E. Weller paid, on the Harris Savings loan. He is given 60 days to pay the $2,611.39 that he is in arrears pursuant to the payment schedule in the July 26, 1995 Order. Donald W. Weller is ordered to serve 1Cl days in jail, however this sentence is suspended if he complies with this Order and continues to make payments ordered by this court. Donald W. Weller is ordered to reimburse, within 30 days, Charlotte E. Weller's attorney fees of BY THE COURT: ,L)/J:i7 P ~MJ J. Prothonolalj :1""' ',~' .. . "; ,;. '-'1'" ............................... LCSTMT .........r_. " - '\ ...... ; " -, .ot \:;.... . .. -- .. ~' '1' "., "~.f Ii · MINIMUM PMT . PAYMENT DUE DATE 596.98 · 09/10/96 · ~, . C ............................... DONALD W WELLER OR CHARLOTTE E WELLER 17Bl MAIN ST LISBURN MECHANICSBURG PA 17055 STATEMENT DATE: ACCOUNT NUMBER: SOCIAL SECURITY NO: OB/15/96 506000052 168-36-6927 506000052 ....................... P\..AlNTIFF'S " EXHIBIT 11-3 o ............................. CREDIT LINE DATE-EFF-OT-DESCRIPTION-----------------------------AMOUNT------------BALANCE-- 07/15 BALANCE FORWARD ------------------------------------ 22,649,26 OB/15 LATE CHG ASSESS 10.00 22,659,26 OB/15 INTEREST CHARGE 193,75 22,853,01 ACCOUNT SUMMARY PAYMENT SUMMARY --------------- PREVIOUS DATE PREVIOUS BALANCE + ADVANCES & DEBITS - PAYMENTS & CREDITS + FINANCE CHARGES + LATE CHARGES NEW BALANCE 07/15/96 22,649,26 .00 ,00 193,75 10,00 22,853,01 AMOUNT PAST DUE PRINCIPAL FINANCE CHARGES OTHER CHARGES FEES INSURANCE LATE CHARGES AMOUNT OVERLlNE 393.23 .00 193,75 .00 ,00 .00 10.00 .00 CREDIT LIMIT AVAILABLE 25,806.00 .00 MINIMUM PMT 596.9B FINANCE CHARGE SUMMARY PRINCIPAL CORRESPONDING DAILY n OF FINANCE EFF-DT-------BALANCE-------APR------PERIOOIC RATE-DAYS-----CHARGES 07/16 22,256,03 10,250 .02808219 31 193,75 31 193.75 ANNUAL PERCENTAGE RATE (APR) 10,250 ..........**......SUMMARy OF LOANS.....*..................................***.. AP ACCOUNT TAX-ID-NBR LOAN-BALANCE ESCROW-BAL YTD-INTEREST LC 506000052 168366927 22,853,01 ,00 1,246,39 YTD-TAXES DUE-DATE .00 09/10/96 a=a==a=::::=::=_=_=::::======:=:======_======:==_::=:====aaa:=__==== CHECKING ACCOUNTS WITH NO ACTIVITY WILL BEGIN TO RECEIVE QUARTERLY STATEMENTS. ............................... LCSTMT P\.AINTlFF'8 EXHIBIT 181.25 · 10/10/96 · . MINIMUM PMT . PAYMENT DUE DATE ............................... STATEMENT DATE: ACCOUNT NUMBER: SOCIAL SECURITY NO: 09/13/96 506000052 168-36-6927 DONALD W WELLER OR CHARLOTTE E WELLER 1781 MAIN ST LISBURN MECHANICSBURG PA 17055 COpy ............................. CREDIT LINE 506000052 ......................... DATE_EPP_DT_DESCRIPTION-----------------------------AMOUNT--__________BALANCE-- 08/15 BALANCE PORWARD ____________________________________ 22,853,01 09/13 REGULAR PAYMENT 600.00- 22,253,01 09/13 INTEREST CHARGE 181.25 22,434.26 ACCOUNT sUMMARY PAYMENT SUMMARY --------------- --------------- PREVIOUS DATE 08/15/96 AMOUNT PAST DUE ,00 PREVIOUS BALANCE 22,853.01 PRINCIPAL .00 + ADVANCES ~ DEBITS .00 FINANCE CHARGES 181.25 _ PAYMENTS ~ CREDITS 600,00 OTHER CHARGES .00 + PlNANCE CHARGES 181.25 FEES .00 + LATE CHARGES ,00 INSURANCE .00 NEW BALANCE 22,434.26 LATE CHARGES .00 AMOUNT OVERLlNE .00 CREDIT LIMIT 25,806.00 AVAILABLE ,00 MINIMUM PMT 181,25 PINANCE CHARGE SUMMARY ---------------------- PRINCIPAL CORRESPONDING DAILY # OP FINANCE EPP_DT_______BALANCE-------APR------PERIODIC RATE-DAYS-----CHARGES 08/16 22,256.03 10.250 .02808219 28 175.00 09/13 22,253.01 10.250 ,02808219 01 6.25 --------- 29 181.25 ANNUAL PERCENTAGE RATE (APR) 10.250 ..................SUMMARy OF LOANS............................................. AP LC ACCOUNT TAX-ID-NBR LOAN-BALANCE ESCROW-Bl\.L YTD-INTEREST 506000052 168366927 22.434,26 .00 1,823,37 YTD-TAXES DUE-DATE ,00 10/10/96 .................................................................... CHECKING ACCOUNTS WITH NO ACTIVITY WILL BEGIN TO RECEIVE QUARTERLY STATEMENTS, 7'3/- IC{~ ( IDHARRIS' Ii) SAVINGS BANK 235 :-lorth Second Street P,Q. Box 1711 Harrisburg, Pennsylvania 17105,1711 it i /236-4041 P\.AINTIfT'S E)QiIBIT .rj~ /0/,..14'" September 3, 1996 Charlotte E. Weller 1748 Main St., Lisburn Mechanicsburg, PA 17055 Dear Customer: The following letter is your final opponunity to avoid foreclosure proceedings against your Prime Line number 0506000052. We have contacted you numerous times by letters to bring your loan up to date. If the total delinquent amount of $596.98 is not PAID IN FULL by Friday, September 13, 1996 or contact is not made in my office, we will have no funher choice but to initiate foreclosure proceedings. Please regard this letter as being serious and respond accordingly. If you have any questions concerning this matter, please contact me at 232-6661 or 1-800-554-4572 ext. 291. Si~".1 J Howard Stein Collection Counselor HSlsjc CHARLC)T':E B. NBLLBR, PETITIONBR IN THE COURT or COMMON PLBAS CUMBBRLAND COUNTY,PENNSYLVAHIA NO. 94-2665 CIVIL TBRM v. DONALD N. NELLER, RESPONDBNT CIVIL ACTION IN DIVORCB M ORDER or COURT AND NOW, this 1 day of , 1996 after reviewing Petitioner's petition for Contempt and Enforcement of Marital Settlement Agreement it is hereby ORDERED that Respondent, DODald tI'- N. Neller, and Petitioner, Charlotte E. Neller, appear on the ~. day of (~)C~ 'w , 1996 at \'. ~0 ~.M. in Courtroom , #~, Cumberland County Courthouse, Carlisle, Pennsylvania to show cause why the Petitioner's Petition should not be granted. BY THE COURT: J. .,-, . , , -, ~~, . CHARLOTTE E. WELLER, . IN THE COURT OF COMMON PLEAS . PETITIONER . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 94-2665 CIVIL TERM . . . DONALD W. WELLER, . CIVIL ACTION . RESPONDENT . IN DIVORCE . PETITION FOR CONTEMPT AND ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND NOW COMES the Petitioner, Charlotte E. Weller, by and through her attorney, Thomas D. Gould, and requests this honorable court find that Respondent, Donald W. Weller, is in contempt of this court's June 27, 1996 Order based on the following: 1. The Petitioner is Charlotte E. Weller who resides at 1748 Main Street (Lisburn), Mechanicsburg, PA 17055. 2. The Respondent is Donald W. Weller whose mailing address is 17a1 Main Street (Lisburn), Mechanicsburg, PA 17055. 3. The Petitioner and Respondent were married on September 26, 1965. 4. Differences arose and the parties separated on August 9, 1993. 5. A Complaint in Divorce was filed by Petitioner on May 19, 1994. 6. The Divorce Decree was issued on January 10, 1995. 7. A Marital Settlement Agreement (MSA) was executed by Donald W. Weller on December 21, 1994 and Charlotte E. Weller on January 3, 1995. 8. Pursuant to paragraph 12 of the MSA and the Decree in Divorce, the MSA was incorporated into the Divorce Decree. 9. Pursuant to paragraph 5 of the MSA Donald W. Weller assumed full and complete responsibility for the mortgage/lien held by Harris savings on the former marital property at 1748 Main Street (Lisburn). 10. On June 9, 1995 Petitioner filed a Petition For Enforcement of Marital Settlement Agreement. 11. On July 26, 1995 by Agreement this Court found Respondent in Contempt and ordered him to pay all interest payments due each month and a minimum of $250.00 per month on the principal on the Harris Savings Bank loan until entire balance was paid in full. It was also ordered that Respondent make application within 7 days for a loan in his name or the name of his business to cover the outstanding balance of $25,952.00 on the Harris Savings loan. A copy of the July _,~, 1995 Order is attached as exhibit "A". 12. Paragraph 5 of the MSA provided that Respondent would indemnify and hold Petitioner harmless for the lien against the marital home. 13. Paragraph 5 of the MSA states that in no event shall the Respondent "sell, encumber or otherwise remove assets of his business (Yinger's Cub Cadet Sales and Service), other than sales in the normal course of his business, without first satisfying the lien." 14. Paragraph 5 of the MSA went on to provide that Petitioner would hold a security interest in the inventory of Respondent's business until the lien is satisfied. 15. Pursuant to paragraph 5 of the MSA Respondent and this Court's July 26th Order, the Respondent was to apply for a business and/or personal loan sufficient to satisfy the lien against the marital home. 16. Respondent has not applied for a business and/or personal loan sufficient to satisfy the lien against the marital home. 17. Petitioner has responded promptly to all inquiries and has performed all necessary actions related to the terms and conditions of the MSA. 18. Respondent has not performed the acts required under paragraph 5 of the MSA, this Court's July 26, 1995 Order and/or this Court's June 27, 1996 Order, therefore he has breached the terms and conditions of the MSA and is in contempt of this Court's June 27, 1996 Order. 19. Petitioner has incurred attorney fees in the amount of $500.00 in attempting to enforce the terms and conditions of the MSA. 20. Paragraph 14 of the MSA provides that the breaching party "... shall be responsible for the attorney fees and costs incurred by the other in enforcing their rights under this agreement ..." 21. On May 29, 1996 Petitioner filed another Petition For Enforcement Of Marital Settlement Agreement alleging that Respondent had not made the required mortgage/lien payments and had not applied for a mortgage as order by this Court's July 26, 1995 Order. 22. A hearing on Petitioner's Petition was scheduled for June 27, 1996 before this honorable court. 23. At the scheduled time and date of the hearing the Respondent did not appear. 24. After a review of the Petition this court found that Respondent was in contempt of its July 26, 1995 Order and entered an order, dated June 27, 1996. Copy of order attached as exhibit liB". 25. The Respondent was served with the June 27, 1996 order on July 1, 1996. Copy of signed postal receipt is attached as exhibit "C". 26. Respondent has not made any payments ordered by this Court's June 27, 1996 order. 27. Petitioner, to avoid foreclosure on her home, paid Harris Savings the sum of $600.00. 28. Respondent has not presented proof that he has applied for mortgage as required by this court's June 27, 1996 order. WHEREFORE, petitioner respectfully requests this honorable court find that Respondent, Donald W. Weller, is in contempt of the June 27, 1996 Order and direct that he immediately comply with paragraph 5 of the MSA by applying for a loan in his name, bring current the mortgage/lien from Harris Savings on the property at 1748 Main Street (Lisburn), Mechanicsburg, PA 17055 and to reimburse Petitioner the $2,800.00 that she been required to pay prevent foreclosure on her home. It is also requested that Donald W. Weller be ordered, pursuant to paragraph 14 of the MSA, to pay petitioner's attorney fees and costs totaling $500.00 related to the enforcement of the provisions of the MSA and this Court's June CHARLOTTE E. WELLER, PETITIONER IN 'rHE COUR'r OF COMMON PLEAS CUMBERLAND COUN'rY,PENNSYLVANIA NO. 94-2665 CIVIL TERM v. DONALD W. WELLER, RESPONDENT CIVIL ACUON IN DIVORCE ~ _ if , the court finds that Donald W. Well in contempt of this court in that he has breached paragraph 5 of the Marital Settlement AND NOW, ~ ORDER this 2..c' day of Agreement dated December 21, 1994 which had been incorporated into the Decree in Divorce dated January 10, 1995. Donald W. Weller is ordered to pay all interest payments due each month and a minimum of $250.00 per month on the principal on the Harris Savings Bank loan, account # 50600052, until the entire balance is oaid in full. He is also ordered to make application within 7 days for a loan in his name or the name of his business to cover the outstanding balance of $25,952. 5a on the Harris ?avings loan. Donald W. Weller is ordered to serve~ days in jail, however this sentence is suspended for the period the he continues to make payments ordered by this court. Donald W. Weller, pursuant to paragraph 14 of the Marital Settlement Agreement, is ordered to reimburse within 30 day,S' Charlotte"E. Weller's attorney fees of $500.00. .,\" . " TRUE COPY FROM RECORD In TestImon,Y wh,eceof. I here unto set rrry I\and &lnd the seal at said It Cat11*i~. i f1o- '.19 J. 4\ '."...... fl(h;~i+ f\ ,..............--- '. CHARLonE E. W!LLI!:R, . IN 'l:HE COURT or COMMON PLEAS . PEUUONER . CUMBERLAND COUN'rY, PENNSn.YAHIA . . . v. . NO. 94-2665 CIVIL TERM . . . DONALD W. W!LLI!:R, . CIVIL ACTION . RESPONDENT . IN DIVORCE . ORDER or COURT AND NOW, this ~day of . J" ^ Ie. , 1996 after a hearing this Court finds that Donald W. Weller, is in contempt of this Court's July 26, 1995 Order by failing to make the required payments on the Harris Savings loan and by failing to apply for a loan in his name to pay the Harris Savings loan. Donald W. Weller is ordered to pay $500.00 each month on the Harris Savings Bank loan, account I 50600052, until the entire balance is paid in full. He is also ordered to make application within 5 days for a loan in his name or the name of his business to cover the outstanding balance of $23,106.03, plus the $2,200.00 Charlotte E. Weller paid, on the Harris Savings loan. He is given 60 days to pay the $2,511.39 that he is in arrears pursuant to the payment schedule in the July 25, 1995 Order. Donald W. Weller is ordered to serve 1Cl days in jail, however this sentence is suspended if he complies with this Order and continues to make payments ordered by this court. Donald W. Weller is ordered to reimburse, within 30 days, Charlotte E. Weller's attorney fees of , $300';OO~ ' , TRU~ COpy FROM. RECORD tn TestlmonYWhereot, I here unto set my hand 3nd the seal of saJd ~~f at Ca,". !sIll. Pa. '- T~~~,:~ ~: ~:.:.1g~L( ',.' ,.Prothon~ ~ BY THE COUR'l': l/~~-P o/IA~ J. fJ.., b' t B -.--.. ...-----. ~ ~~ .......... ~ 0 .... iv' '1 .. ~ 1'1 , ,.. -. l I .. - , "? .' ij , .OJ :>.. '.. ~ , c;: . , J 0 ~ I- ~ ... < ... D- iD I- 0: Z <t . < I- :J .. Gl >- III 0 ;;; ... Z I- Z ;;: III .... ) 0: , X z .... 0 ..; < l- X .... ~ N ... !!: :t ~ III . .. :ff/lOlIIaJ~ @. ~q(J((1r1 ATTORNE Y A T LAW 2 [ MAIN STREET SH1R[MANSTOWN PA 17011 7t7.73H461 . CHARLOTTE E. WELLER, . IN THE COURT OF COMMON PLEAS . PETITIONER . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. : NO. 94-2665 CIVIL TERM . . DONALD W. WELLER, : CIVIL ACTION RESPONDENT . IN DIVORCE . ~ORDER OF COURT AND NOW, this~~ day of ~, 1996 after a hearing this Court finds that Donald W. Weller, is in contempt of this Court's July 26, 1995 Order by failing to make the required payments on the Harris Savings loan and by failing to apply for a loan in his name to pay the Harris Savings loan. Donald W. Weller is ordered to pay $500.00 each month on the Harris Savings Bank loan, account # 50600052, until the entire balance is paid in full. He is also ordered to make application within 5 days for a loan in his name or the name of his business to cover the outstanding balance of $23,106.03, plus the $2,200.00 Charlotte E. Weller paid, on the Harris Savings loan. He is given 60 days to pay the $2,611.39 that he is in arrears pursuant to the payment schedule in the July 26, 1995 Order. Donald W. Weller is ordered to serV~dayS in jail, however this sentence is suspended if he complies with this Order and continues to make payments ordered by this court. Donald W. Weller is ordered to reimburse, within 30 days, Charlotte E. Weller's attorney fees of $300.00. J. OF T!-~l{~,,~~S~T.'\RY 96 JIJ1127 F:l 2: 1.6 cu'.. . ,\'ilJ;:ll~"<i.,,~ L.' I~:l\l'( PENNSYLVt\N~\ ' ," -,-'J '16-L,('- / 11ft! (1- rY!'U /.lll:I"OS?l3d.. ,!;3.Jdo{) ~'~'-~~--~~-~~--~--~--~')"~:~~~~~~'-~~~ ~ ,-- ~ .:. f' w. ~.' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF *' PENNA, ~ s ~ ... ~ ~ ~ " I N II. <il.~:::?f).f).~..,.. !=.?'Y,P:... 19 w. ',' CHARLOTTB. BLAINE WELLER'd' 1'1aintiff. ~ '.' ~, V l'!'SUS ~ DONALD W..WBLLBR, . , , ., ~ Defendant. ~ " * ~ '.' DECREE IN D I V 0 R C E it 2- ~ (r ')1 . . . . . . . . . . .. ... ~q . .. 199.5...., it is ordered and ~l ~l .. ~ AND NOW, . ,'. ,~ ~ decreed that ~1i~RL.QTTE. .EL NE. WELLER. . . . . . . . . . . . . . . . . . . . " plaintiff, and . DONALD .w. . -WELLER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 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; ~ ~ ~, ~ . . . . The. .Mari.tal. Settl.emen.t. .Agreemen.t. .dat.ed. DeoeRlber:. 2-1-,. .19-94. . , . .i.s; .It!'!.I:~l;ly. .i.ncpr.pora.ted. in to. .t.hi s. Decre.e . in. .Di vo.r:C6!.. . . . . . . . . . . . ,~ ~ w '.' 'J IV; . it! " ~ !="' fiy w '.' Au ~ ,:,'U.f.,C.l C. cwl6r p..,74n'7J. '4'1/r.,t. l,r ~If: ~'i:Z ./ '/ Prolhonotary $ ~ ~ ~ ? ~;..:. .:.t:. .:.:. ~ S ~ ,', ~ ~ .~ ~ $ 8 ~ '7 8 ,', * ,,~ $ 8 S w '=' I, ~ ,,~ 8 ~ $ " '=' i ~~ ,', ~ w ~.~ ~ ~ '.' w '.' ~ '.' w /.:' ~ s ~ s I~ I: i~ /' ;~ , ;~ /',- (~ I,,' . ~-- -. - , ,_... -, ~ ~ ~**~*~***~*******~***~. > i" I ~ ,A~~7l! f.)~ //..l.7J- MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ \ day of or:.c: r:.JV\~f'.J'..... , 1994, by and between Donald W. Weller, (hereinafter referred to as "Husband") and Charlotte E. Weller, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on September 26, 1965; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were three (3) children born of this marriage, Donald W. Weller Jr., born 7/17/66, Dwayne Weller, born 11/4/69, and David Weller, born 4/26/72; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband has 14 days to remove his tools and other personal property remaining in the "barn" on the property at 1748 Main Street, (Lisburn), Mechanicsburg, Pa. If Husband fails to remove his property within the 14 days the property will become the possessions of Wife. 4. AUTOMOBILES The Wife shall have all rights, title and any financial obligation to the 1985 Nissan Sentra. The Husband shall have all rights, title and financial obligation for the 1975 & 1980 Ford trucks. Each party shall be fully responsible and liable for any and all maintenance, insurance or other costs associated with the ownership of their respective vehicles. Each party agrees to indemnity and hold harmless the other for any liability arising from the vehicle in their possession. 5. DIVISION OF REAL PROPERTY The parties are the owners of real estate located at 1748 Main Street, (Lisburn), Mechanicsburg, Pa. Husband agrees to give Wife title to the marital home. Husband also agrees to assume full and complete responsibility for the mortgage/lien on the property. Husband shall indemnify and hold wife harmless for the Prime Line Credit against the property. The funds obtained by encumbering the marital home were used exclusively for Husband's business. In return for Husband releasing all his rights and interest in the marital home and assuming sole responsibility for the lien against the property, Wife agrees to release any and all of her rights to Husband's business known as "Yinger'S Cub Cadet Sales & Service" located at 1781 Main Street, (Lisburn), Mechanicsburg, pa 17055. Husband agrees, within 14 days to apply for a business and/or personal loan sufficient to satisfy the lien against the marital home. Wife agrees to cooperate with Husband by supplying all documents or information requested by the financial institution processing Husband's loan application. If Husband's loan application is not approved at this time, Husband agrees to reapply at least once every 24 months. Husband remains solely liable for the current Prime Line Credit lien until it is fully satisfied. In no event shall the Husband sell, encumber or otherwise remove assets of the business, other than sales in the normal course of his business, without first satisfying the lien. If the business or its assets are sold, the lien shall be satisfied. wife shall hold a security interest in the inventory of Husband's business until the lien is satisfied. 6. FINANCIAL ACCOUNTS The parties will continuEO to maintain their separate checking and savings accounts. There is one (1) joint investment account, (Pioneer Fund). The parties agree that Wife shall have sole ownership of the Fund. 7. MARITAL DEBTS Husband agrees to be responsible for and hold Wife harmless for any debts incurred in his name and Wife agrees to be responsible for and hold Husband harmless for debts incurred in her name. Except for the mortgage/Credit Line against the property at 1748 Main Street, (Lisburn) Mechanicsburg, Pa., all other marital debts have been satisfied. Any unknown debts that may arise will be the responsibility of the party who incurred them and the responsible party agrees to hold the other harmless. 8 . CUSTODY All of the parties children are over the age of 18 and have the right to make independent decisions regarding their life. 9. FILING OF TAX RETURNS Husband and Wife agree to file separate income tax returns for tax year 1994 and in all future years. 10. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that upon the expiration of the 90 day waiting period each party shall execute and allow to be filed the necessary consents to obtain the divorce. 11. SUBSEQUENT DIVORCE Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties shall be bound by all of the terms of this agreement. 12. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. Therefore, pursuant to 23 Pa.C.S. Section 3105, this Agreement may be enforced as an Order of the Court. 13. CONTINUED COOPERATION The parties agree that they will within fifteen days, upon the request of the other, execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 14. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party 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, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 17. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. Commonwealth of Pennsylvania: . . ss: County of . . PERSONALLY APPEARED BEFORE ME, this::1 ( day of ..??ec:. eo ~j fl. ~~, 1994, a notary public, in and for the Commonwealth of Pennsylvania, Donald W. Weller, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and of .cial seal. .'. ~SeaI Fb101dJ..AlIeni5 . F~.'iiewTv.p..Vor1I My ConYJJ.lSlO'l E>pires Sept . 1997 Commonwealth of Pennsylvania: County of CLlmbe.rland : ~ ~ PERSONALLY APPEARED BEFORE ME, this 3 day of , 199~f a notary public, in and for the Commonwealth of ennsylvania, Charlotte E. Weller, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto s~my hand and official seal. tJ,A!.../) LfYJ, (I~ Notary Public NctlriaI Seal l80Ia M. Coats. Naary Nlic Shl"""'11SlOWn Bora. CIlI1futand CoooIy t.~ CommIssion Expires April 8, 1996 CHARLOTTE ELAINE WELLER, . IN THE COURT OF COMMON PLEAS . PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 94-2665 CIVIL TERM : DONALD W. WELLER, : IN DIVORCE DEFENDANT. . . PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: May 19, 1994, by certified U,S. Mail on the Defendant. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: January 3, 1995; by defendant December 30, 1994. by plaintiff (b)(1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A ; (2) date of service of the Plaintiff's affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which notice is attached N/A -r1itlnl J 7:>. ,!jn~f Thomas D. Gould Attorney for Plaintiff l.J"') en - " ~ c.:-: In "" - '::- :>: ~ .' CHARLOTTE ELAINE WELLER, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . : q '-1- c1. "" J &ud T~ v. . NO. . . . DONALD W. WELLER, . IN DIVORCE . DEFENDANT. . . 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 take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, 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 LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 CBARLO'l"l'E ELAINE WEI.LER, : IN THE COURT OF COMMON PLEAS PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. . . . DONALD W. WELLER, . IN DIVORCE . DEFENDANT. . . COMPLAINT UNDBR SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Charlotte Elaine Weller, an adult individual, who is sui juris and resides at 1748 Main Street (Lisburn), Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Donald W. Weller, an adult individual, who is sui juris and currently resides at 1781 Main Street (Lisburn), Mechanicsburg, Cumberland County Pennsylvania 17055. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 26, 1965 in Adams County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. 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. Section 4904 relating to unsworn falsification to authorities. -L Ittj;,ft ta~ 2deJ2ftv Charlotte Elaine Weller Plaintiff RESPECTFULLY SUBMITTED: DATED: IYlMf I J', /lflI'I ~4)),~./ Thomas D. Gould ID # 36508 Attorney At law 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 .J ''j' ~., ~'~~ - ~ ..",.. ~; ".. ~ en ~ "'''; - .... ',; ~~ :l'" .< ~ ~ , ::~ '<iJ" a r,> '~"~ . ~ ~ .j- - (.. ~' ~ @q) 8, 0 Q e. ~ <';) Q ~~ en ~l() c) ~ -- >- ~. '. - ~, ~ - :0:: ....... l :J ~ ~_ .;:7oJ ~ ... II; to 0: Z <t . ~ .... ~ I ~>~OM \;)]1 ~ ~ ~ ~ ~ w X f'. ~ N ~ i III ~ . (jt (f](Jf(1r1 17,~JIIU/J. " ""IV ' ATln~~~r ~ A.. , - C,ll../L l T ,'i tvlAIt., . .'A 11011 MAf'~(,'! ,"'.,< ',,, hr '/31 1.11":;1 !i -:- . " .- .. -..,.... -. ~ --- " .... -I 6ft, 'I eo comptetl hi"" 1 and/or 2 tor ,ddltlonal ..rvk:II. ~ .. Compll"ltlml 3. and 4, . b. . PrInt your naml and add..... on the Int'H of thl. form 10 ItMl' WI an : ,.tum tNI card to you. ;_ e. Attach thi. '0,," to the front 01 1M mlllpllcl, Of on thtI back It IPlca t dots not per""t. , Ii '. . Write "Return RKetI)t RlQUtltld" on the mlllplee. below thllrtlcte number . . The Ratum Receipt will ahow 10 whom the .rtlde w.. dtiliver.d and the dl'l g dtllve,.d. 0 1 3, Article Addressed to: 4e. Artlcl umbe .S! ..... ^AL.~ W W.... (oJ R'33 .:1.'9 , t >>0 . ~"I.. 4b. Service Type II ., 1'. MAt'" STtur(Llslowi.) 0 Registered P ~ Cerllfiod , t'\'I.c.luln.u -b1A'J' ". I ,oSS 0 express Mell I ello wish to receive the following services Uor an extra .feel: 11'1 ;' i i Ii I Il f ;. \ ~ .~ if:' f ' o Insured ",. o COD .& o Return Receipt 'Oft' ! n i '.. o 7. Dat8 of Delivery" 'to- -&;1l - ~ '"', 8, Addressee's Address lDnly II reque.ted J . end lee I. peldl . o. I' .r !; o .; PS Form . December 1991 *u.s.GPO:,,,,-'Sz.7" DOMESTIC RETURN RECEIPT I ~'i-< ('i, l ,,( , i .t:{~(, :'\'J "f ' ".J '"t; I .i.. '1 r f .,'J1 ~ " 1-0, ". , , I: , " i I I . - .., \. '.- .----~. -. , , , , Official Bu.In... " " I :1 , i I I I I I I J I , Print your name, address and ZIP Code here · -..f~ · fnO(l1e\.3 D, G'4A~~, tE"'j' ;l j;a..i'" MOL'';, STI'C&'t" Sh,~_I'I's""w", PIlI .'0 II . \ , I ,i 1 " . I " '. ~ '\ ..~' 'i ::.~ j ~.':('I.' ;'f" ' :.1.1' 1 ;';.' l ; \":.~ ......r: , .11'\, ," ii<\ ~. 'r "il ".. r . ','I \",111",11111""11..,1111,,.1 , .. ~", I" r !;' '\ # .. -, CHARLOTTE ELAINE WELLER, . IN THE COURT OF COMMON PLEAS . PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-2665 CIVIL TERM . . DONALD W. WELLER, IN DIVORCE DEFENDANT. . . CERTIFICATE OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. P 833 269 114, restricted delivery, return receipt requested, by depositing the same in the United States mail on May 19, 1994, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint and Affidavit was received by said Defendant on May 24, 1994. fhm-ltMD. ~~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 .......-. ..,., en - .:-'- .' = "'- In ,..., ;; ",. ~ '. , " CHARLOTTE ELAINE WELLER, PLAINTIFF . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2665 CIVIL TERM IN DIVORCE v. : DONALD W. WELLER, DEFENDANT. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 19, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: /.?/7"'~ /j,,",,,/ Jt/K&:P #L&;L/ DONALD w. WELLER Lr> ~ ,. ,. .. '. - -.'- (:_- 11"0 ..... - , ^' .' -=- ; "" '. L" ~ C. j , CHARLOTTE ELAINE WELLER, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 94-2665 CIVIL TERM . : DONALD W. WELLER, . IN DIVORCE . DEFENDANT. . . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 19, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~!o/9 { ~Ef<~ CHARLOTTE E. WELLER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PEHNSYLVANIA NO. 94-2665 CIVIL TERM v. DONALD N. WELLER, RESPONDENT CIVIL ACTION IN DIVORCE F COURT , 199~~9 ~ ORDER AND NOW, this~~ day of the court finds that Donald N. Well s in contempt of this court in that he has breached paragraph 5 of the Marital Settlement Agreement dated December 21, 1994 which had been incorporated into the Decree in Divorce dated January 10, 1995. Donald W. Weller is ordered to pay all interest payments due each month and a minimum of $250.00 per month on the principal on the Harris Savings Bank loan, account # 50600052, until the entire balance is paid in full. He is also ordered to make application within 7 days for a loan in his name or the name of his business to cover the outstanding balance of $25,952.58 on the Harris Savings loan. Donald W. Weller is ordered to serve~ days in jail, however this sentence is suspended for the period the he continues to make payments ordered by this court. Donald W. Weller, pursuant to paragraph 14 of the Marital Settlement Agreement, is ordered to reimburse within 30 days Charlotte E. Weller's attorney fees of $500.00. . .....'. 11 J "(., . 7 ~"r- 56, I'l, 0 (. ~ II" J. ---..... ',. ' t ~ . ,( ~ , ... , , , t i .. I l r. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2665 CIVIL TERM CIVIL ACTION IN DIVORCE CHARLOTTE E. WELLER, PETITIONER DONALD W. WELLER, RESPONDENT ORDER OF COURT AND NOW, this p- I:L day of , 1995 after reviewing Marital Settlement Defendant's Petition For Enforcem Agreement it is hereby ORDERED that Respondent, Donald W. Weller, f'<- and petitioner, Charlotte E. Weller, appear on the,f)(P day of , W4/' ,1995 at /:.;f fM. in courtroom #3, Cumberland co~ty ~ourthouse, Carlisle, pennsylvania to show cause why the Petitioner's Petition should not be granted. J. "';;l.4'4","'\1,<; 'itlld Al~JJ O~~"'; niino HVl"NOI', ':< .lO 3~1~ il. ,,- 56. WJ SI1 ZI EI Nnr CHARLOTTE E. WELLER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2665 CIVIL TERM v. DONALD W. WELLER, RESPONDENT CIVIL ACTION IN DIVORCE PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND NOW COMES the Petitioner, Charlotte E. Weller, by and through her attorney, Thomas D. Gould, and requests this honorable court to issue an Order directing Respondent, Donald W. Weller, to comply with the terms and conditions of the Marital Settlement Agreement dated December 21, 1994 based on the following: 1. The Petitioner is Charlotte E. weller who resides at 1748 Main Street (Lisburn), Mechanicsburg, PA 17055. 2. The Respondent is Donald W. Weller whose mailing address is 1781 Main Street (Lisburn), Mechanicsburg, PA 17055. 3. The petitioner and Respondent were married on September 26, 1965. 4. Differences arose and the parties separated on August 9, 1993. 5. A Complaint in Divorce was filed by Petitioner on May 19, 1994. 6. The Divorce Decree was issued on January 10, 1995. 7. A Marital Settlement Agreement (MSA) was executed by Donald W. Weller on December 21, 1994 and Charlotte E. weller on January 3, 1995. A copy of the fully executed Agreement is attached as exhibit A. 8. Pursuant to paragraph 12 of the MSA and the Decree in Divorce, the MSA was incorporated into the Divorce Decree. 9. Pursuant to paragraph 5 of the MSA Donald W. Weller assumed full and complete responsibility for the mortgage/lien held by Harris Savings on the former marital property at 1748 Main Street (Lisburn). 10. On or about June 8, 1995 Petitioner was notified by Harris Savings that Respondent was two (2) months in default on the mortgage/lien payments and that a third payment was due on or before June 15, 1995. 11. The Petitioner was further advised that if payment was not made by June 23, 1995 a Notice of Intent to Foreclose would be issued. 12. The Respondent has made no payments on the Harris Savings mortgage/lien since March 1995. 13. Paragraph 5 of the MSA provided that Respondent would indemnify and hold Petitioner harmless for the lien against the marital home. 14. Paragraph 5 of the MSA states that in no event shall the Respondent "sell, encumber or otherwise remove assets of his business [Yinger's Cub Cadet Sales and Service], other than sales in the normal course of his business, without first satisfying the lien." 15. Paragraph 5 of the MSA went on to provide that Petitioner would hold a security interest in the inventory of Respondent's business until the lien is satisfied. 16. Pursuant to paragraph 5 of the MSA Respondent agreed to apply for a business and/or personal loan sufficient to satisfy the lien against the marital home. 17. Respondent has not applied for a business and/or personal loan sufficient to satisfy the lien ag~inst the marital home. 18. Petitioner has responded promptly to all inquiries and has performed all necessary actions related to the terms and conditions of the MSA. 19. Respondent has not performed the acts required under paragraph 5 of the MSA and therefore he has breached the terms and conditions of the MSA. 20. Petitioner has incurred attorney fees in attempting to enforce the terms and conditions of the MSA. 21. paragraph 14 of the MSA provides that the breaching party .. . .. shall be responsible for the attorney fees and costs incurred by the other in enforcing their rights under this agreement ..." WHEREFORE, Petitioner respectfully requests this honorable court to order Respondent, Donald W. Weller, to immediately comply with paragraph 5 of the MSA by applying for a loan in his name and to bring current the mortgage/lien from Harris Savings on the property at 1748 Main Street (Lisburn), Mechanicsburg, PA 17055. If Petitioner has been required to make any payments to prevent foreclosure on her home, it is requested that Donald W. Weller be required to reimburse Petitioner. It is also requested that Donald W. Weller be ordered, pursuant to paragraph 14 of the MSA, to pay Petitioner's attorney fees and costs related to the enforcement of the provisions of the MSA. If Respondent fails to make the required payments and application within five (5) days of the court order it is requested that Petitioner be authorized to seize Respondent's business inventory and sell the inventory to satisfy the lien and any associated costs or expenses. Respectfully submitted, ~Q/J O.bedJ Thomas D. Gould Attorney for Petitioner ID # 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 .f-f t-.~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~\ day of Dux-JV\~~ , 1994, by and between Donald W. Weller, (hereinafter referred to as "Husband") and Charlotte E. Weller, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on September 26, 1965; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were three (3) children born of this marriage, Donald W. Weller Jr., born 7/17/66, Dwayne Weller, born 11/4/69, and David Weller, born 4/26/72; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband has 14 days to remove his tools and other personal property remaining in the "barn" on the property at 1748 Main Street, (Lisburn), Mechanicsburg, Pa. If Husband fails to remove his property within the 14 days the property will become the possessions of Wife. 4. AUTOMOBILES The Wife shall have all rights, title and any financial obligation to the 1985 Nissan Sentra. The Husband shall have all rights, title and financial obligation for the 1975 & 1980 Ford trucks. Each party shall be fully responsible and liable for any and all maintenance, insurance or other costs associated with the ownership of their respective vehicles. Each party agrees to indemnity and hold harmless the other for any liability arising from the vehicle in their possession. 5. DIVISION OF REAL PROPERTY The parties are the owners of real estate located at 1748 Main Street, (Lisburn), Mechanicsburg, Pa. Husband agrees to give Wife title to the marital home. Husband also agrees to assume full and complete responsibility for the mortgage/lien on the property. Husband shall indemnify and hold wife harmless for the Prime Line Credit against the property. The funds obtained by encumbering the marital home were used exclusively for Husband's business. In return for Husband releasing all his rights and interest in the marital home and assuming sole responsibility for the lien against the property, Wife agrees to release any and all of her rights to Husband's business known as "Yinger'S Cub Cadet Sales & Service" located at 1781 Main Street, (Lisburn), Mechanicsburg, pa 17055. Husband agrees, within 14 days to apply for a business and/or personal loan sufficient to satisfy the lien against the marital home. Wife agrees to cooperate with Husband by- supplying all documents or information requested by the financial institution processing Husband's loan application. If Husband's loan application is not approved at this time, Husband agrees to reapply at least once every 24 months. Husband remains solely liable for the current Prime Line Credit lien until it is fully satisfied. In no event shall the Husband sell, encumber or otherwise remove assets of the business, other than sales in the normal Course of his business, without first satisfying the lien. If the business or its assets are sold, the lien shall be satisfied. Wife shall hold a security interest in the inventory of Husband's business until the lien is satisfied. ( 6. FINANCIAL ACCOUNTS The parties will continue to maintain their separate checking and savings accounts. There is one (1) joint investment account, (Pioneer Fund). The parties agree that Wife shall have sole ownership of the Fund. 7. MARITAL DEBTS Husband agrees to be responsible for and hold Wife harmless for any debts incurred in his name and wife agrees to be responsible for and hold Husband harmless for debts incurred in her name. Except for the mortgage/Credit Line against the property at 1748 Main Street, (Lisburn) Mechanicsburg, Pa., all other marital debts have been satisfied. Any unknown debts that may arise will be the responsibility of the party who incurred them and the responsible party agrees to hold the other harmless. 8. CUSTODY All of the parties children are over the age of 18 and have the right to make independent decisions regarding their life. 9. FILING OF TAX RETURNS Husband and Wife agree to file separate income tax returns for tax year 1994 and in all future years. 10. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that upon the expiration of the 90 day waiting period each party shall execute and allow to be filed the necessary consents to obtain the divorce. 11. SUBSEQUENT DIVORCE Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties shall be bound by all of the terms of this agreement. 12. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. Therefore, pursuant to 23 Pa. C. S. Section 3105, this Agreement may be enforced as an Order of the Court. 13. CONTINUED COOPERATION The parties agree that they will within fifteen days, upon the request of the other, execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 14. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party 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, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 17. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 20. 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. 21. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever l.n determining the rights or obligations of the parties. 22. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals. /!:.-L/L-.f!j/~ ~&-..-- Donald W. Weller ~ 11..-2.1'-<1</ Date Witness "1h...Jr'};/(;>/} /) h""".l./ Witness ~f~ Charlotte E. Weller /1Zt ( Commonwealth of Pennsylvania: ss: County of PERSONALLY APPEARED BEFORE ME, this 2.\ day of O::G.Em~~ , 1994, a notary public, in and for the Commonwealth of Pennsylvania, Donald W. Weller, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto se~official seal. ?-.....~~Public ~rialSeal Rooald L. PMl, No1a~ NlIIc F.."",,vTY.P..Yorl< ;our1lY My~ E>a)res Sl:pl22. 1997 Commonwealth of Pennsylvania: . County of c.,!.lmb~rIClnJ . PERSONALLY APPEARED BEFORE ME, this 3 ~ day of O.AhlLUM.A.L I 199~f a notary public, in and for the Commonwealth of ~~~;Yl;Jriia, Charlotte E. Weller, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto ~ my hand and official seal. p~ 111. {!gz, h Notary Public NoIaJ\aI Seal Leola M. Cools, Nc1aIy PtJbIic SliremanslcYII1 Bom, CorrlleI1and CoonIy ,.~ CcIIM1issicn exp:esApril8. 1996 , . ;~:c:<~~:..,-:,,~x+:-::,~:o(lIK:o(lIK~ ~ ~ x ~ $ ~ ~ ~ :~ ~ ~ ~ ~, ~ " ffl ~ ~.! ~ ^ ;,; $ ~ ~ ,,- to( ~ ~ ;;j ::' " ~ i:i ., :~ " ~ !:i ::! ~ :< ~{ ~ " ~ ~; (41 :, .' ~ ~ :' .. ::.:.: >:c,', :.:.:.~ ~.:c.: :.:+>: '<co: :':e< '.:Co' ~.:c<: ~ :.~ , ae...~.:.:(.:.:-~..~:.. "o:C-: '.:.:.: '.:t:.: ',:t:-:>:C'; '.:.:.,,;, S ,,: ~ :': ~ W :.' ~ (: !ti -. ',' ~ :.~ ~ W :.' ~ ',' ~ ? ~ :.~ ~ :'~ ~ :.; ~ " ,- " ~ ~ ~.' ~ ..~ w '.' :; ~ ,', ~ }' ~ ~ ~ ,,~ " ~ :.~ ~ :.' ?- ~ ~: ~ ~." IN THE COURT OF COMMON PLEAS II ....,CHARLOT,TE..ELAINE...WELLER.,............... ..... I il 'I il I OF CUMBERLAND STATE OF * COUNTY PENNSYLVANIA No, ...Q.<:l::-.2.p.6.5.. ~i.Y.il... 19 .............................,.".', . ......"........ ,P.J. ilJn.t:. tu...,.... Versus ,....,I>~m:~~D....W."..~,E~,~1:=~. . .., De,fendant.......... DECREE IN DIVORCE AND NOW, . .. .. ..January ,IO. ' .. .. , , .. " 19, ,9,5 , ,_ it is ordered and decreed that" .GIj?>Il.I.,QT:r',E. ,Hi\J.t:lf:. .I'inLAIl""" " ,,','" "', plaintiff, and, ,O.QNALn ,Ii., ,WELLER" , ., , " , , , , , , , " , , , , , , , , , . ,. , , " ", 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; , . . ,'fOil. ,!-jiJ.r.i.t;iJ.J" .Settl.ement ,Ag.r:eem.e.n t, da ted, ,December, ,2~., .l99~, . , "i.~ ,p!,!.r~ y ~l)<;P,r:P9^.a.t;'i'P. ,~l)tP. ,t;I:I~,s, .O!!l=.r:eli!, .i.n, D.i,v.Qrl=,~",."""" ~ ~.~ ~ ~ .'~ ~ .'~ ~ ~ ~ ~ ~ II t.... oz. _ .: Dy The Court: ..., ....lsl..ge.<Jr:SEl..E:....!:19f;.l?r. ..... .....,..'......... Allell: Lawrence E. Welker, Prothonotary J, /J' ~r.~,{, ,;;: -t:':~.'..P~~lh~~~la.~Y.... CERTIFIED COPY ISSUED JANUARY 13, 1995 ~ , ,'.lIto -lito ... ... - .:>> .;c. .:.;. .:.;. .:tC- .:.:. .~ ':.ee....:.;o::-:.:' ,,:.;. ':':'. .'"K. ':.:. ':':'. .:.:' ,:.i-' ,:, ~ ,.; ~ ~ ~' ,', ~ ,:, ~ ~ ',' ~ ',' ~~ ',' ~ " ::R .. := lR >- "'~ ..~ r.j:~~"r ~~~.~ la.. O(~,. .....~. .'l ~..j,~_~ ~J ~~ J . ....jtn "-O:~ ;~ ~ 1.../ ""= . .-t.."1l1.J ;::: :t:a.. ~i.! - 0, :0: ~ J 0 :J I- ~ < ... < .J ... D- iD I- 0: Z <t . < I- :J .. Gl >- III 0 ;;; ... Z I- .... Z ;;: III ~ 0: . X z !:: 0 < I- ... X .... l- N ... < !!: ~ :t III . . . ; . . :!i7ummJ (P. ~r;(Jf(1r1 ~ A.Tl,,_H~N[Y'1 t ,A.y 2 ( MAI~" <;lH! [T '.,ltIHI M^N~',TO"'~" f'A 1",'('1' /17 11' 14l,1 CHARLOTTE E. WELLER, . IN THE COURT OF COMMON PLEAS . PETITIONER . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 9~-2665 CIVIL ~ERM . . . DONALD W. WELLER, . CIVIL ACTION . RESPONDENT . IN DIVORCE . ORDER OF COURT AND NOW, this , 1996 after reviewing of Marital Settlement ~1 r:ay of Petitioner's Petition for Agreement it is hereby ORDERED that Respondent, Donald W. Weller, and Petitioner, Charlotte E. Weller, appear on the /)1 f1t day of , 1996 at :J' :'>J ...(lM. in Courtroom #~, Courthouse, Carlisle, pennsylvania to show cause why the Petitioner's Petition should not be granted. J. CHARLOTTE E. WELLER, . IN THE COURT OF COMMON PLEAS . PETITIONER . CUMBERLAND COUNTY, PENNSYLVANIA . : v. . NO. 94-2665 CIVIL TERM . . . DONALD W. WELLER, . CIVIL ACTION . RESPONDENT . IN DIVORCE . PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND NOW COMES the petitioner, Charlotte E. Weller, by and through her attorney, Thomas D. Gould, and requests this honorable court to issue an Order directing Respondent, Donald W. Weller, to comply with the terms and conditions of the Marital Settlement Agreement dated December 21, 1994 and this Court's July 26, 1995 Order based on the following: 1. The Petitioner is Charlotte E. Weller who resides at 1748 Main Street (Lisburn), Mechanicsburg, PA 17055. 2. The Respondent is Donald W. Weller whose mailing address is 1781 Main Street (Lisburn), Mechanicsburg, PA 17055. 3. The Petitioner and Respondent were married on September 26, 1965. 4. Differences arose and the parties separated on August 9, 1993. 5. A Complaint in Divorce was filed by Petitioner on May 19, 1994. 6. The Divorce Decree was issued on January 10, 1995. " '. 7. A Marital Settlement Agreement (MSA) was executed by Donald W. Weller on December 21, 1994 and Charlotte E. Weller on January 3, 1995. A copy of the fully executed Agreement is attached as exhibit A. 8. Pursuant to paragraph 12 of the MSA and the Decree in Divorce, the MSA was incorporated into the Divorce Decree. 9. Pursuant to paragraph 5 of the MSA Donald W. Weller assumed full and complete responsibility for the mortgage/lien held by Harris Savings on the former marital property at 1748 Main Street (Lisburn). 10. On June 9, 1995 petitioner filed a Petition For Enforcement of Marital Settlement Agreement. 11. On July 26, 1995 by Agreement this Court found Respondent in Contempt and ordered him to pay all interest payments due each month and a minimum of $250.00 per month on the principal on the Harris Savings Bank loan until entire balance was paid in full. It was also ordered that Respondent make application within 7 days for a loan in his name or the name of his business to cover the outstanding balance of $25,952.00 on the Harris Savings loan. A copy of the July 26, 1995 Order is attached as exhibit B. 12. On or about December 14, 1995 Petitioner was notified by Harris Savings that Respondent had not made a payment since October 17, 1995 and was therefore two (2) months in default on the mortgage/lien payments and that a third payment would become due on or before January 10, 1996. 13. On December 14, 1995 Petitioner's attorney sent a letter to Respondent advising him that he was once again in violation of the Marital Settlement Agreement and the July 26, 1995 Court Order. A copy of the letter is attached as exhibit C. 14. On or about December 17, 1995 Petitioner was notified by Harris Savings that Respondent had paid $600.00. 15. On or about January 14, 1996 Petitioner was notified by Harris Savings that Respondent had failed to pay January's mortgage/loan payment and that the next payment was due on or before February 10, 1996. 16. On February 7, 1996 Petitioner's attorney wrote a letter to Respondent advising him that he had failed to make the necessary mortgage/loan payment. A copy of the letter is attached as exhibit D. 17. On or about February 17, 1996 Petitioner was notified by Harris savings that Respondent had paid $400.00 on February 9 and $122.63 on February 15, 1996 but that he was still in default for February's payment. 18. On February 24, 1996, due to fear of losing her home, Petitioner paid Harris Savings $2,200.00. 19. On or about April 17, 1996 Petitioner received a statement from Harris Savings that indicated that Defendant had made no payment since February 15, 1996. 20. The Respondent has made no payments on the Harris Savings mortgage/lien since February 15, 1996. ; 21. Paragraph 5 of the MSA provided that Respondent would indemnify and hold Petitioner harmless for the lien against the marital home. 22. Paragraph 5 of the MSA states that in no event shall the Respondent "sell, encumber or otherwise remove assets of his business (Yinger's Cub Cadet Sales and Service), other than sales in the normal course of his business, without first satisfying the lien." 23. Paragraph 5 of the MSA went on to provide that Petitioner would hold a security interest in the inventory of Respondent's business until the lien is satisfied. 24. Pursuant to paragraph 5 of the MSA Respondent and this Court's July 26th order, the Respondent was to apply for a business and/or personal loan sufficient to satisfy the lien against the marital home. 25. Respondent has not applied for a business and/or personal loan sufficient to satisfy the lien against the marital home. 26. Petitioner has responded promptly to all inquiries and has performed all necessary actions related to the terms and conditions of the MSA. 27. Respondent has not performed the acts required under paragraph 5 of the MSA and/or this Court's July 26, 1995 Order and therefore he has breached the terms and conditions of the MSA and is in contempt of this Court's July 26, 1995 Order. 28. Petitioner has incurred attorney fees in the amount of $250.00 in attempting to enforce the terms and conditions of the MSA. to prevent foreclosure on her home. It is also requested that 29. paragraph 14 of the MSA provides that the breaching party shall be responsible for the attorney fees and costs incurred " . . . by the other in enforcing their rights under this agreement ..." WHEREFORE, petitioner respectfully requests this honorable court find that Respondent, Donald W. Weller, is in contempt of its July 26, 1995 Order and direct that he immediately comply with paragraph 5 of the MSA by applying for a loan in his name, to bring current the mortgage/lien from Harris Savings on the property at 1748 Main Street (Lisburn), Mechanicsburg, PA 17055 and to reimburse Petitioner the $2,200.00 that she been required to make Donald W. Weller be ordered, pursuant to paragraph 14 of the MSA, to pay Petitioner's attorney fees and costs related to the enforcement of the provisions of the MSA and this Court's July 26, 1995 Order. If Respondent fails to make the required payments and application within five (5) days of the court order it is requested that Petitioner be authorized to seize Respondent's business inventory and sell the inventory to satisfy the mortgage/lien and any associated costs or expenses. Respectfully submitted, 7lwwv1 p, ~ Thomas D. Gould Attorney for Petitioner ID # 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 4 , " ( r' MARRIAGE SE'l"rLEMENT AGREEMENT THIS AGREEMENT made this 7.\ day of ~.M~eJ2... , 1994, by and between Donald W. Weller, (hereinafter referred to as "Husband") and Charlotte E. Weller, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on September 26, 1965; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were three (3) children born of this marriage, Donald W. Weller Jr., born 7/17/66, Dwayne Weller, born 11/4/69, and David Weller, born 4/26/72; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. ~xh;b: -r A r r 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband has 14 days to remove his tools and other personal property remaining in the "barn" on the property at 1748 Main Street, (Lisburn), Mechanicsburg, Pa. If Husband fails to remove his property within the 14 days the property will become the possessions of Wife. 4. AUTOMOBILES The Wife shall have all rights, title and any financial obligation to the 1985 Nissan Sentra. The Husband shall have all rights, title and financial obligation for the 1975 & 1980 Ford trucks. Each party shall be fully responsible and liable for any and all maintenance, insurance or other costs associated with the ownership of their respective vehicles. Each party agrees to indemnity and hold harmless the other for any liability arising from the vehicle in their possession. 5. DIVISION OF REAL PROPERTY The parties are the owners of real estate located at 1748 Main Street, (Lisburn), Mechanicsburg, Pa. Husband agrees to give Wife title to the marital home. Husband also agrees to assume full and complete responsibility for the mortgage/lien on the property. Husband shall indemnify and hold wife harmless for the Prime Line Credit against the property. The funds obtained by encumbering the marital home were used exclusively for Husband's business. In return for Husband releasing all his rights and interest in the marital home and assuming sole responsibility for the lien against the property, Wife agrees to release any and all of her rights to Husband's business known as "'linger's Cub Cadet Sales & Service" located at 1781 Main Street, (Lisburn), Mechanicsburg, pa 17055. Husband agrees, within 14 days to apply for a business and/or personal loan sufficient to satisfy the lien against the marital home. Wife agrees to cooperate with Husband by. supplying all documents or information requested by the financial institution processing Husband's loan application. If Husband's loan application is not approved at this time, Husband agrees to reapply at least once every 24 months. Husband remains solely liable for the current Prime Line Credit lien until it is fully satisfied. In no event shall the Husband sell, encumber or otherwise remove assets of the business, other than sales in the normal course of his business, without first satisfying the lien. If the business or its assets are sold, the lien shall be satisfied. Wife shall hold a security interest in the inventory of Husband's business until the lien is satisfied. ( t 6. FINANCIAL ACCOUNTS The parties will continue to maintain their separate checking and savings accounts. There is one (1) joint investment account, (Pioneer Fund). The parties agree that Wife shall have sole ownership of the Fund. 7. MARITAL DEBTS Husband agrees to be responsible for and hold Wife harmless for any debts incurred in his name and Wife agrees to be responsible for and hold Husband harmless for debts incurred in her name. Except for the mortgage/Credit Line against the property at 1748 Main Street, (Lisburn) Mechanicsburg, Pa., all other marital debts have been satisfied. Any unknown debts that may arise will be the responsibility of the party who incurred them and the responsible party agrees to hold the other harmless. 8. CUSTODY All of the parties children are over the age of 18 and have the right to make independent decisions regarding their life. 9. FILING OF TAX RETURNS Husband and Wife agree to file separate income tax returns for tax year 1994 and in all future years. 10. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that upon the expiration of the 90 day waiting period each party shall execute and allow to be filed the necessary consents to obtain the divorce. 11. SUBSEQUENT DIVORCE Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties shall be bound by all of the terms of this agreement. 12. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. Therefore, pursuant to 23 Pa.C.S. Section 3105, this Agreement may be enforced as an Order of the Court. " . 13. CONTINUED COOPERATION The parties agree that they will within fifteen days, upon the request of the other, execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 14. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15 . VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherilise provided, each party may dispose of his or her property in any way, and each party 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, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 17. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. .1. .. t, -.~" , , c (" 19. . PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. ' 20. 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. 21. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 22. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals. \1- I~ >2.I-<r</ g~..A!'/;P--'~~v- Witness Date Donald W. Weller "'IhAYJ-10;/ () h..,.".tJ ~/11t ~tf~ Witness Charlotte E. Weller , . (' . ('/. Commonwealth of Pennsylvania: . . . ss: County of PERSONALLY APPEARED BEFORE ME, this 2.\ day of ~C;::,r.,J.?,~ , 1994, a notary public, in and for the Commonwealth of Pennsylvania, Donald W. Weller, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~ . Nclarial Seal Ronald LA!en. NoWy PtbIIc Foi...i<IW 11<0., VerI< Coor1rI MyCcm/n!l;icn e.oos Stpt. 22. 1997 Commonwealth of Pennsylvania: County of c,l.Imb(rIClll J ; PERSONALLY APPEARED BEFORE ME, this 3~day of O-"'h1r1.h.1.u, , 199~f a notary public, in and for the Commonwealth of ~~~;yl;~ia, Charlotte E. Weller, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto ~ my hand and official seal. ~~ ~ r!.o-z, h Notary Public NcIaI1aI Seal I.eoIa M. Coam. Nolaly PtbIIc ~ Bc:ro. CuTCe.1ar<I Ca.r.ly 1.!'JCcnvrissicnE.v.esAprJ8,l996 . CHARLOTTE E. WELLER, PETITIONER v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2665 CIVIL TERM DONALD W. WELLER, RESPONDENT CIVIL ACTION IN DIVORCE ~ ORDER AND NOW, thiS~~ day of s in contempt of this court the court finds that Donald W. Well in that he has breached paragraph 5 of the Marital Settlement Agreement dated December 21, 1994 which had been incorporated into the Decree in Divorce dated January 10, 1995. Donald W. Weller is ordered to pay all interest payments due each month and a minimum of $250.00 per month on the principal on the Harris Savings Bank loan, account # 50600052, until the entire balance is paid in full. He is also ordered to make application within 7 days for a loan in his name or the name of his business to cover the outstanding balance of $25,952.58 on the Harris Savings loan. Donald W. Weller is ordered to serve,JWb2 days in jail, however this sentence is suspended for the period the he continues to make payments ordered by this court. Donald W. Weller, pursuant to paragraph 14 of the Marital Settlement Agreement, is ordered to reimburse within 30 days Charlotte E. Weller's attorney fees of $500.00. TRUE COpy FROM RECORD In Tostlmony wh<<eof, I here unto set my hand and the seal of saJd ~r1I.. ~, ~~A<<t~'. : ,1~. '. . Prothonotary T: J. E,.h. b~ t- E ( c 2 e, MAI/l STRel:1' SHIReMANSTOWN, Pol. 170'1 rrFiomas r.D. (jOU{c! A TTORNEY A T LAW 17111 7:11-1"1 FAA 71110187. December 14, 1995 Donald W. Weller 1781 Main Street (Lisburn) Mechanicsburg, pa 17055 Re: Payments on Mortgage Dear Mr. Weller: It has come to lay attention that you are once again in violation of the Marital Settlement Agreement and the court order of July 26, 1995. You have not been paying the mortgage in a timely manner. Your last payment was made on or about October 27, 1995. You owe for the months of November and December. If immediate payment is not received buy the bank they will once again initiate a foreclosure action. If that occurs I will be filing a contempt action with the court seeking enforcement and possible incarceration for your wilful failure to comply with the court order. . -' It is hoped and expected that you will immediately bring the mortgage payments up to date to avoid further legal action. . sincerely, '1knrAD.~ Thomas D. Gould cc. Charlotte E. Weller . t::y;hib,'+ C ,.. ( ( '. 2 E. MAIN STREET SHIREMANSTOWN, PA 17011 rrfwmas f}). fjou(a A TTORNEY AT LAW 1717) 731,"01 FAX 701.1D74 February 7, 1996 Donald W. Weller 1781 Main Street (Lisburn) Mechanicsburg, pa 17055 Re: Payments on Mortgage Dear Mr. Weller: I wrote to you on December 14, 1995 advising you that you had been delinquent in paying the mortgage on the property at 1748 Main Street. You made a payment at the end of December, thank you. You have failed to make January's payment. Under the terms of the Marital Settlement Agreement and your mortgage/Note you are required to make regular monthly payments. If immediate payment is not received by the bank they will once again initiate a foreclosure action. If that occurs I will be filing a contempt action with the court seeking enforcement and possible incarceration for your wilful failure to comply with the court order. You also have not presented proof of your application for a business and/or personal loan sufficient to satisfy the lien against Ms. Weller's home. Pursuant to paragraph 5 of the Marital Settlement Agreement you had 14 days to make the application. You are also required to reapply at least once every 24 months. Making application does not mean merely talking with a bank representative it requires that you complete an entire application and prove all information and records necessary to allow the bank/lender to make a fair determination. Ms. Weller has asked me to obtain from you a copy of the application and the denial letter from the lending institution. If I do not receive the requested documents, or at a minimum a call from the lending institution, within 14 days I have been requested to file legal action to enforce the Marital Settlement Agreement. As before you would be required to pay all costs, including attorney fees, incurred to enforce the Agreement. It is hoped and expected that you will immediately bring the mortgage payments up to date and provide the evidence of your loan application to avoid further legal action. Sincerely, 1X....M /), ~ Thomas D. Gould cc. Charlotte E. Weller E-r: i" b,' f- )) ". , ;, ,. l ...- .~ .,", ~ 9/ummll' (!J). rJOfllrt .' ATTORNEY AT LAW 2t MAIN STREET SHIRtMANSTOWN. PA 17011 717.731-1461 " J 0 ~ I- ~ ... < ... D- iD I- a: Z <t . < I- :J .. Gl >- lJl 0 ;;; ... Z I- .... J z ;;: III , a: X z ~ 0 < I- ..; X .... l- N ... < !!: :t III . .', . W\Y i>l . . , . '-S<2.. U- . ~~ ~ Ia '1 4 s: ~\ " , l~j.J l"! ' - " CHARLOTTE E. WELLER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2665 CIVIL TERM v. DONALD W. WELLER, RESPONDENT CIVIL ACTION IN DIVORCE ,&~RDER~F~T __ AND NOW, this ____ day of ~, 1996 this Court finds that Respondent, Donald W. Weller, is in contempt of this Court's June 27, 1996 Order by failing to make the required $300.00 reimbursement to Petitioner for her attorney fees and cost, the $2,200.00 reimbursement for Petitioner's payments to Harris Savings, the $2,611.39 arrears on the payments required by this Court's July 26, 1995 order, the failure to continue to make the monthly payments on the Harris Savings loan and by failing to apply for a loan in his name to pay the Harris Savings mortgage/loan. Respondent is ordered to bring current the mortgage/lien from Harris Savings on the property at 1748 Main Street (Lisburn), Mechanicsburg, PA 17055. It is further directed that judgement is entered against Respondent in favor of Petitioner in the amount of $5,911.19 which represents the $3,300.00 Petitioner paid toward the mortgage and her costs and attorney fees and the $2,611.19, past due payments owing on the mortgage/lien from Harris Savings. 86IU!1i r.~,ke_l~gg cc: Ll Ll",u,"-.&. , ~""........... R~g.t'""udt:u,", t:i DUt:i.LUt:lbb L..., ; n"~""""-~. &6.a cell ""lu:; ':'u..lU.~__.l L..... g~Llgfl' ....l"lb JUUY'='llltUll;. GllU ,",hc - _ u~~~4., "-'.L.,.g '""'''' L':lu':lYI'll~.. ana allY I'llla'l!ea eee.1I ~~ o"{ppnses<!lf \ . - Donald w. Weller is further ordered to continue to pay $500.00 each month on the Harris Savings Bank loan, account # 50600052, until the entire balance is paid in full. He is also ordered to make application within 5 days for a loan in his name or the name of his business to cover the outstanding balance of the Harris Savings mortgage/lien on the former marital home. BY THE COURT: J. I I 1 \ i >,......, I , '; ,., .-^ ......"" .; '.J IO/Il.olqlo ~~ \\Ol"1L'hcl ~ aHrl Ero....9.d (Y\~ N..b..u. \0 ~-\:. i.)..i ":~ : ~l 1 ~ 'J' C::, . . l ..,), .'~ .) 1-.'. . ,