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Home My WebLink About94-03440 A , .... " CBIl'I'II.'ICA'I'B ANI> 'l'IlANHMI'I"I'AI. m' ImCOllll UNI>BII I't;NNHY.!~Y!!!!!!LB!!I.BQI:'.A"'I'BI.I.A1'I'; I'IlOCt;I>UIlE 1,93!~ '1'0 the Prot honotarr of the Appel1ilte Court to which the within matter hilS becn 'lppeiJ]ml: 6UI'EIUOIl alJllT Qt' I~YJ.vANIA 'I'HE UNIlEIlSIGNEIl, I'rothonotilry of the Court. of Common Pleas of C\.ntJerland Count.y, t.he said court being iI court. of record. do hereby certify that annexed heret.o is tl truc and correct copy of the whole i1nd entire rocord, including an opinion of the court as required by PA (loA.P. 1925. the originill papers i1nd exhibits. if any on file. the tranacript. of the proceedings, if ,lny, and the docket entries in the following matter: Case No. 94-3440 Civil Torm: No. 84 HOG 1996 6HAIlON E. Mc:MICIIAEI. VB. JEREMY J. McMICHAEL The documents comprising the record have been numbered from No. I to No. l22. and i1ttached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the appellate court is February 29, 1996 (!leal of Court) Prothonotary An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknOWledging receipt of thia record. RECORD RECEIVlml Datel RECORD F1l Fa /II sllP~n!nn r!1! rnr MAR 1 4 1996 ~) HAHHISUURG /-81,e} (signature & title) r ("\ () Commnnweullh nf l'enns~lvIIIIIII Count~ nf CUlllberlllnd 1 hS; \, Lawrence E. Welker ,I'rnthonnlar~ of Ihe Cnurl of Common Pleas In und fnr suld C\llllll~, dn hereb~ cerllf~ Ihal Ihe foregnlng Is II filII, true and correcl cop~ oflhe whnle record of the clIse Ibereln slaled, wherein Shamn E. McMichael Plulnllff,and Case No. 84 HOG 1996 Jeremy,). Mri>lit-h"" 1 Defendant _, as the same remains of recnrd befllfe Ihe said Court nl Nn, 9 4 -] 440 of ci v 11 Term, A.D, 19--2.Q.. have hereunto set m~ hand and IIffixed the seal nf said Cnurt ~I' uJ~12;' \n TESTIMONY WItERHlF, \ Ihls Twentv-ninth Ilrnlhtll1nllllY I. Harold E. flheelv I'resldenl.ludgenfthe Ninth Judiclall>lslrict, cnmposed nf Ihe Cnunl~ nf Cumberland, dn certif~ thai l.nwrence E. Welkor. Prothonotary , b~ whnlll the IInnexed record, cerllficate and atteslatlon were made and given, and who, In his nwn prnper hllndwrlling,lhereonto subscribed his name und affixed the seal nf the Courl nf Comlllnn l'leas of IlIhl Cnnnt~, wns, at tbe time nf sn dning,and nnw Is Prolhonntllr~ In II lid for said Cnllnty nf Cumberland In the Commonweallh of I'ennhylvanlll, duly cnmml"loned and qnllllfied In II110fwhnse IICtSIIS such full fllllh IInd credit arc IInd ought 10 be given as wcllln Courts nf jlllllcature as elsewhere, and Ihallhe said recnrd. certlflcale and IIttestallnn arc In due Inrm nf IlIw IInd rIa e b~ the purer officer,. . .' '\ (L \....j C \...lu.. L,;- 111l'\ilh:nl .11IlJ~c Commonweallh nl l'cnnsylvlIllill Cnunl~ nf Cumberlllnd } ss; I, l.awrence E. Welker , I'rnthnllnlllry of Ihe Cnurlol Commnn l'leas In IInd for the sulll Cnunty, do mlily Ihllllhc Ilnnorllblc Harold E. Sheely by whnmlhe fnregnlng uttclllltlnn WIIS mlldc, IIml whn hilS thercuntn suhlerlbed his name, wus,althe time nl maklllg lhcrcnf, II lid sllllls I'rcsidcnl.ludgc nf the Cnurt nlTnmmnnl'lelll, Orphan' Cnurl and Courl nf Quarlcr Scssiolls nl Ihe I'cll"c IlIlIml 1111' sllill ('nunly, dnl~ ('nmmlnlnncd lIud Ijuallfied; 10 all whnse aels liS su..h Inlllullh IInd ('lc,llt 1111' IlIul oughlln hc gilen. III well III Cnurll nf judlcalure al elsewhere, IN II'S'IIMONY WHl'ltHlI'. I hlllC hl'll'untn Icl m~ hllnd IInd II111xI'd Ihc 1,'111 nl said ('lIIl1llhls ~l. '. __,_ 'IY nl __fllllllillY;::, AD) I~ ~.~./ .. ,/ _ u.~-~..-v Ji,(0~d _ 1I'1I1hllHll!,II\ I I ~ oJ J & c c - :l g 0 5!: '" I.J 1 Q - j j ..:I ~ lli 15 a 0 N .. I.J ~ is III ~ U lli ,001 I-l !9 I-l S \Q > ~ ~ (II '001 G ti: lli ... (II U IE > IE 1Il "B ~ ., ~ c . . - if Ilo ~ . 1Il .., ~ . ~ = M I I III I ~ ] . . CID (II e ~ e ~ ~ - 0 d ,g Ji z Z I.J . . PIG: tv. . . 1 - 6 JWlC 24, 1994, Callplllint:, filed. 7 Oct. 3, 1994, Praecipe to Transmit Hecord, filed. 8 Oct. 3, 1994, Acceptanco of Service, filed. 9 Oct. 3, 1994, Plaintiff's Mfidavit: of Consent, filed. 10 Oct. 3. 1994, l~fendant's Mfidavit: of Consent, filed. 11 - ]4 Oct. 3, 1994, Agreeoent, filed. ]5 Oct. 11. 1994, Final Decree in Divorce, entered. ny: Edgar n. Bayley, J. ]6 - 42 Aug. 9, 22, 1996, Petition for Contempt, and Order of Court, filed. AND NCJ.oI, this 22nd day of August:, 1995 a Hule is entered against sharon E. McMichael to show cause why she should not be adjudged in contempt of court. Hule return,lble al a hearing to be held in contempt of court. Hule returnable at a hearing to be held in CourtnXJIl No.2, Cumberland County Courthouse at 2:]0 p.m., Thursday, September 211, 1995, at: which time Sharon I. McMichael is ordered to appear, ny the Court, Edgar n. Bayley, .J. 4] - 44 Oct. 5, 1995, Order of Court, filed. AND NCJ.oI, this 5lh day of October, 1995, following a hearing, IT IS OHDE 'DI (l) The petition to hold Sharon E. (McMichael) Riddle in contempt for failing to coply with the custody provisions in a marital settlement agree- ment that was incorJXlrated into a final decree in divorce by an order of October 11, 1994, IS DENIED. The m)ther, however, froll this date forward, shall provide the father llt least five (5) days notice when she is not 9Oin\1 to exercise her tellpxary physical custody rights. (2) A petition to IK)ld Sharon E. (McMichael) IUddle in contempt for not carrying nedlcal coverage on Ihe parties' Iwo children IS DENIED since the children are being covered free in il government progrilm. Should that free covemge cellse, the mol.her shall he restnnslble, ilS per the order of October 11, 1994, 10 either provide heilllh .lnsurolnce cllverage thrmJ\lh an employer's JXlUcy or reimburse I he filther fllr such m1dH ionill cosl as may be necessary lo add the children to health insurance covernge through his employer. (]) Shilrnn E. (McMlchilel) Illddle is adilKilcilted .In contempt for f,l.l1ure to PilY regulilrly $]]7 per IIlml h lor the lluppol-1 of her t \\n minOl' children ilS per the onler of october II, IIJIJ4. The nnther Shilll purge hersolf of conletlll by hereilfter timely lIIilking such pilymenls lo'lether with $:,0,00 per nnnth on HCC(l\lI1t of nrrcarilqeR. By Iht' r:"orl, I'll'lilr B. Bilyley, .1, Nov. 13, 1995, Pel 111011 fllr f;JK),'lill II!' I l<'l 1 I il"l. Nov. 17, 1995, Onlt'r 01 Courl, fl It'd. ANIl Nt 1.'1 , Ihlll 171h <lilY III Nn"{'llIlx'I-, I'JI)r., 11 Hul" IF! enlen.,t agalrml <I<'l'cn<lillll, .'('n~IIY .1. M,'M kll.11' 1 , In "lInw ,'oIUBI' wily t II,. n,llol 11',!IIl'flll,1 Illtnul, l'iiFflHh I f' t'PjrTiM-rn<inrr1'''iiTiT't'Fl~tlMii'l - - ' Plillnl In Hlklll IIII' III 1111" ,'1""111"", 01 """'''0111<111111 willi \ (''lol I oII1111l.rlly III IlIII'J"I-1 nj ItPI' J"Hltlnll 11l.1 \0111" 1110111 Illilly (1111 dol\,H 1"", Illh; <lollI', Till' 45 - 74 75 Among thc Rccurd\ IInd Prncccding\ cnrnllcd in Ihc l'ourl of Common J'lclI~ in nnd lur the county of CUlIlber..111n<l No. 84 HOG l'J<J6 94-]440 civ.l1 Tellll Tcrm.19 is contllincd thc lollowing: in the COl1ll1lonwcllllh of I'enn~ylvllnln 10 No, COl'Y OF AnnellrilnCe DOCKET ENTRY SHARON E. McMICHAEl, VB, ,JEREMY J. McMICHAEl, . . PAtE tv. issue will be decided without Il hearing. By the Court, Fdgar 13. l3iIy1ey, J. Jan. 16, 1996, Opinioll llnd Orner of Court, filed. AND NCM, this 16th day of .January, 1<)96, the within petition, IS DISMIS ED. By the Court, Edgar 13. l3iIyely, ,J. Jan. 19, 1996, Respondent, .Jeremy .J. McMich,1el's, Answer to Petition for Special Belief and New Matter, filed. Jan. 25, 1996, Notice of Appeal, filed. Notice is hereby given that Sharon E. McMichael, Plaintiff above nlll11ed, hereby appeals the Order of Court of the Court of Coonon Pleas of Cumberland County, Pennsylvania to the Superior Court of Pennsylvania entered in this matter on the 16th day of ,January, 1996. This Orner (attached to this notic hc1S been entered in the docket as evidenced by the attached copy of the docket entry. By: Linda M. Gross, Esq. 99 - 100 Feb. 7, 1996, Superior Court of Pennsylvania Notice of Appeal Docketing to No. 84 BOO 1996, filed. 101 - 122 Feb. 26, 1996, TranscrIpt of Proceedings, filed. 75 (cont. ) 76 - 80 81 - 89 90 - 98 ~ 1"'\ SHARON E. McMICHAEL, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I NO. q If 3 I( /1 b (1~~I.L ;jlJvrr...; VB. I I JEREMY J. McMICHAEL, 1 CIVIL ACTION-IN DIVORCE Defendant I IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOUR HAVE BEEN SUED IN COURT, I f 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 againat you by the Court. ^ judgment may also be entered against you for any other c iaim or rei ief requested in these papers by the PlaintIff. You may lose money or property or other rights important to you, including custody or vlsi.tation of your children. When the ground for the divorce irretrievable breakdown of the marriage, you counseling, A list of mardage counselors Court Adminiatrator's Office, Cumberland Carlisle, P^ Is indignities or may request marriage is available in the County Courthouse, 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 FIIlD OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator 4th Floor Cumberland County Courthouse Carlisle, pA 17013 (717) 24()-6200 I /"1 ('\ SHARON E. McMICHAEL, Plaintiff 1 IN THE COURT OF COMMON PLEAS 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 1 1 1 1 VB. NO. JEREMY J. McMICHAEL, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT IN DIVORCE 330l(c) 1. Plaintiff Is SHARON E. McMICHAEL, who resides 41 Regency South, Car.lisle, CUlIIlJerland County, Pennsylvania. 2, Defendant JIl JEREMY J, McMICHAEL, who r.esldes at 19 Richard Road, Mochanicllbur.g, Cumber.land County, Pennsylvania, 3, PlaJntJ ff has boon a bona fide rosident in the Commonwealth for at least sJx months Immediately previous to the filing of this Complaint, 4, ~'he Plaintiff Ilnd Defendant were marr.ied on November 26, 19BB In per.ry County, PennsylvanJa, 5, 'I'her.e has been no prior action for divorce or annulment between the parties. 6. 'I'he Defendant Is not a member of the Armed Forces. 7, 'I'ho marriage is Ir.retrievably broken, B, PlaJntIff has baen advllloci of the availability of marriage counseling and that sho may have the right to request the Court to roquiro the par.tles to participate in sllch counllal I ng , Reing IlO advised, PlaIntiff does not request that tho Cour.t require the partioll to participate In counseling prior to a Dlvorco Decreo being handed down by the Court. 2. ~ r"I WHBHEFOJlB, Lhe pJ/IJIILlCf praYII your Honorable Court Lo enter a Decree in Divorce from the bonds of matrimony. Hespectfully submittedl r1 , tddL f ith A, Ca! in, Bsquire torney for Plaintiff 220l North Second Street Harrisburg, PA l7110 (717) 23B-23l2 J 1\ CERTIFICATE OF SERVICE r"\ I, Judith A, Calkin, do hereby certify that a true and correct copy of the within Divorce Petition was mailed at Harrisburg, PA., certified-restricted delivory, postage pre-paid to the following personl Jeremy J, McMichael 19 Richard fload Mechanlcsburg, PA 17055 Datet ,1~~ Calkin, Esq, ~ ... \;J iJ ~ . r: ..~ lQ '() . ~ ! ; I~ ~ If) ~ '~ '(j " :.? -- t..o t'.' , C'J ."'" ........ - ('(l r_j I?1~~1 Ii :a: 11 ..~ ~ <:)0- Il \:t - f'<'I '- ~ (() C':rl -:;> . ~ ~ ~ c3 ~\~\ r- \X:) '_J III '0-1 p. ~e I III t 011. . H II . o-l ..: ~!Il , >- rol... tl~ ....1 ~~ ~~ e~ ~~ tJ~ OU E-<O H I: tJ~ ~r' ):..... SJI'l ... U III U III 0 <ilil~ ):.-l rol rl O~ 11. X'" tJM , ~ ~ 'o-l rol . 0 . t-:l I>- Eel ~ ~ H i <iI E ffi ~ ~l~ ~ Hill P1 1II III t-:l . ., . t . . . . w . . v , .e .t. ' /J.l./ /~lf 6; :J>.o... .. .J.,. ... . E . '. ,., " ;} M ". , , , . '::J ".. ..' " . -:r .~"~ , , "'"1 I', Jii :i 0",. wi r"', (""'\ vs, 1 IN THE COURT OF COMMON PLEAS 1 CUMBERIJAND COUNTY, PENNSYLVANIA 1 1 NO. 94-3440 Civii Term I I CIVIL ACTION-IN DIVORCE 1 SHARON E, McMICHMIJ, plaintiff JEREMY J, McMICHAEl" Defendant ACCEPTANCE OF SERVICE I, Charles Gerow, Attorney for Defendant, in the above-captioned case, do hereby accept serv ice 0 f the Divorce Complaint and hereby acknowledge receipt of a true, correct and complete copy. I understand that false statements herein lire made subject to the penalties of 18 Pa.C,S, Section 4904, relating to unsworn falsification to authorities. Dat~,IJ %6;1'1 dL / f2- Charles Gerow, tsquire ~ " If \ , " c t..Y 4 .' fj . dl , " ~ , ~ , d'; . .'1>- ,t ~... :t,~ . iii, .:. ., ,? .r , ~ .'" ,~. ~.~ . :c O- M 1":,1 ~:r ...., .g '~:" ~.-1 '- f ~ " ~1'" , I'~" I" r~""! ';.,~ t.,,* ,~) ,. I""', ,-., . SIIARON P.. McMICHAEl., 1 IN 'I'HP. COlJR'1' OF COMMON PLEAS Plaintiff I CUMBEIILAND COUN'I'Y, PENNSYLVANIA I VS, I NO. 94-3440 Civil 'I'erm 1 JEREMY J. McMICHAEL, 1 CIVIL ACTION-LAW Defendant 1 IN DIVORCE AFFIDAVI'I' OF CONSP.NT 1. A complaint in Divol'l:e unrJur Section 3301(c) of the Dt.vorce Code was filed ,JUliO 24, I !)94 . 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of this Complaint. 3. I consent to the entry of a Final Decree in Divorce, 4, I understand that I may lose rights concernIng alimony, division of property, lawyer'a (oes, or expenses if I do not claim thom bflfore a divorcfl is granted, 5, I understand I may request that tho Court require my spouse and I to parUcipate in mar.rIage counesling, being so advised, J do not. rp.'luest that tlm COllrl, re'luJ.re my apouse and I to pat'ticlpaLe ill IlhUl'lIl<J'" l"UUIIB',llfl':J' I understand that falee atatemonts herein ar.e made subject to tho penaltiea of lB Pa,C.S, Section 4904, relating to unsworn falsification to authorities, Datej:fJIIf)( b:( ()ftll'1~1 c T~~tf~~r,~~[~~ a; ~.~, J. ~.,~ .. ., ...~ . ~ ,.- 0- q '" 1.t- <;l ~'.~< , .;, .": '':3' C.,) .E\ , '..I '-- ,-., .- IO/3/Qtf . ~ BIIAltoN E, McMICII^,~I" Plaint! [[ I N 'l'lIl~ COUIl'1' {J/" COMMON 1'1 ,Mfl CUMIIEIlI,ANIl COlIN'('Y, PENNHVI,VAN I 1\ NO, 94 J44U C I v 11 '('orlll VIl, .TEIlEMY J, McMICIIAr.L, lJefendnnt CIVil, AC'I'ION'I,AW I N III VOIlCr. API' IIlAV J 'I' 01' CONHF:N'I' 1. 1\ complaint in Divorco undor Snclioll 3301(c) of t.ho Divorce Code was filed June 24, 1994, 2, The marriage of PlaIntLff and Defendant LIl irretrievably broken and ninety (90) daya have elaplled from t.he date of the filing of t.hill ComplaLnt.. 3, T conBent t.o t.he ont.ry oC n Pinal DecreR in Divorce. 4, I underat.nnd t.hal. J mny loso rights concerning alimony, division of proporty, lawyer'a [eea, or expensea if I do not claim thorn hoCom n dlvorco la grnnl.ecl. 5. I understand I may roquest that the Court rRquire my spouse and I to participate in marrLage counseling, being so advised, I do not. requost that t.ho Court require my spouae and I t.o participate in marriage counseling, I undorstand that. faloe at.at.ement.s herein are made subject to the penalties o[ 19 Pa,C,S. Section 4904, relnting t.o unsworn falsIficat.ion to authotillea, Dnlel rlP.N , ~u/"r-i ?Jtt~~vI .IE EMY . McMICIlML /D ('V') ti c;::) 6; - t.'r:: """.. f ~ , ",. ~l .J :x~ ~ i., Itl ,t .'~ ~ If: .., /"~, :r I .. . , .....; '- ,-. ra-, 5han)}1 E. f1~/I1"AIt'/ - vs. :Jerem,/ J: flell" Ate/ AGREEMENT This Agreement is made this zt,a day of AlIIr-sr , 1994 by and between JEREMY J. McMICHAEL of cumberland County, Pennsylvania ("Husband") and SHARON E. McMICHAEL of Cumberland County Pennsylvania ("Wife"), WIT N E SSE T HI WHEREAS, the parties hereto are Husband and Wife, having been married on November 26, 1988 at New Bloomfield, Perry County, Pennsylvania; WHEREAS, Husband and Wife are the parents of two children, Mark Andrew McMichael, born May 4, 1990 and Zachary James McMichael, born September 17, 1992; and WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally all of their respective financial and property rights and Obligations as between each other inClUding, without limitation, by specif ication 1 (1) the settling of all matters between them relating to the ownership of real and personal property including property heretofore or subsequentl, acqulr9d by either party; '. ~he 3a::::~a ~t 1:: 1a::a~3 ~~:,~:~~ :: ':~5'::fi'/. '/:'J:':.1t:;r. li,''; :t.:::cct"-: :: :::: "7I;,:":C: =~':"_':=1;-'. ::.'~ -. ,.." . . parties/ (3) the settling of all disputes, rights and/or interests between them arising out of or by reason of their marriage including but not limited to the past, present, and future support, alimony, counsel fees, costs or maintenance of Wife by Husband or of Husband by wife/ and (4) in general, the settling of any and all actual and possible claims by each party against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as followsl 1, ADVICE Qf COUNSEL The provisions of this Agreement and their legal effect have been fully eKplained to the parties by their respective counsel, Judy Calkin, Esquire, for Wife and Charles Gerow, Esquire, for Husband. Each party acknowledges the fact that they have received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations and each par~( accepts that this Agreement is, under the circumstances, fair and dqU:':..lt~o:l lr.d :~J: ~~ ~3 ':~:':-.() ~H~~J~1'~ :'~-:J :~'3<3~'.' Jr.d .;r;.....1r.~l:"~~' 1::'=:''' .-:.1''':~r1 ::'~'=d:,'/q i 1'. ;~. 1'':'/'_:3 1:-:...:,;:'::1 J'~C:". 12- r"\ r'\ . result of any collusion or improper or illegal agreement or agreements. 2. DEFINITIONS (a) Divorce~, The phrase "Divorce Code" shall be defined as Act No. 1980-26, 23 P.S. 101 ~ ~., au amended. (b) ~ g{ Execution g{ ~ Aareement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement, (c) Distribution~. The phrase "distribution date" shall be defined as ten (10) days from execution of this Agreement, unless otherwise specified within the Agreement. 3. EFFECTIVE ~ Ql AGREEMENT This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them. 4. DIVORCE COMPLAINT A complaint in Divorce shall be filed within thirty (30) days of the signing of this Agreement in the Cour~ of Common Pleas of cumberland Count, under Section 201 (C), said 3ction to :0 oaid ~or by ~i:3. 13 -- 1'""'. 5. FINANCIAL DISCLOSURE The parties have disclosed to each other they are aware of the extent of each other's income, assets, liabilities and estates by virtue of their delivery to each other of Schedule "A" attached hereto and hereby made a part hereof entitled "Sharon McMichael's Statement of Financial Disclosure as of July 15, 1994" and Schedule "B" attached hereto and made a part hereof entitled "Jeremy McMichael's Statement of Financial Disclosure as of July 15, 1994". Both parties acknowledge that said Schedules "A" and "B" have been prepared principally by the parties hereto and are not intended to represent precise accounting valuations but rather good faith estimates by the parties. 6. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement I (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support of maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs/ expenses, and any other right or Obligation. economic or other~ise, including all ~~.Jn:J 1nlj :end~:~j ~~:jJ~ ~~~ ?1~~S':~'!'~~1 ~:.:~~~~ ::1:9 :~ : ,lJ:: .'":.3 ;'.;~c~.-3:;le;,~,j 1.-.: l~,~nl~;;ler.-:.'j l~J v"~_ _ L; "::-.'::a:.- 1:-'" IV- "" .-.. .. , other law of any other jurisdiction, except and only axcl.lpl: all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether ariSing under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. It is expressly understood, however, tha~ neither the provisions of this release nor the subsequen~ en~=: or a divorce decree are intendeu to dereat the =ight or either :Ja=,,:'/ :: :'3t;3:"!'31r~'" ~;;J'''::'1r.''::'3 .......",....~~,~~ ,- ......l -4~\.,_... .... __., -- "".._-,,~ .. ...- ... -.. ~.. -,,- Jt.'1t:l:" '.r.':'::: :.-.~ ';:- ':~ _.j :."',.J ~.t:1'.:-'': .-=-'~."'~~_::'-'i:-" '~:""::'''''.~~ IS .. .' """' the beneticiary designation was made prior or subsequont to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her Will, or to act as porsonal representative or executor if so named by the will 01: the other, whether such will was executed prior or subsequent to this Agreement. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from any direct or indirect control, restraint, interference or authority, by the other and shall be treated in all respects as if they were unmarried. Except as otherwise provided for in this Agreement, each may reside at such place of places as he or she may from time to time choose or deem fit. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, prOfession or employment and at such locations which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families, friends, colleagues, employers or employees of each other or compel or attempt to compel by any means the other to cohabit or dwell in any manner whatsoever with him or her. The Agreement is not in~ended to condone and sha:l no~ be deemed to be a condona~ion of the par~ of ~i~her par~1 he:'e':~ ::: 1;-:" lC~ :~ :.;~ ";,l:~ ..... :.",:.~ J':::8:' ":J:"~" '<ir.'..::!"'. :-;:1.:': ::GC:1S~~r::-~': -:.....} :':'J:::'~-:'::'; ::- ;r:~1.~!:" ::~:J:"3r.'.-:.~~~ .,~-~':;' ;.\'/.~ /(, occurred prior or which may occur subsequent to tho datn of execution of this Agreement. 8, CUSTODY/VISITATION AHa SUPPORT Qf MINOR ~LDB~N (a) custody and Visitation Husband and Wife agree that the best interests of their minor children, Mark Andrew and Zachary James, are served by a shared joint custody. Husband and wife further agree that the best interests of their minor children are best served, at this time, by Husband being the primary physical custodian of the minor children. Accordingly, Husband and Wife agree that Husband shall have principle physical custody of the minor children, Mark Andrew and Zachary James, with Wife afforded liberal visitation including every other weekend from approximately 5:00 p.m. on Friday until 6:00 p.m. on sunday, and each Tuesday from approximately 5:00 p.m. until 8:00 a.m. the following day at or about which time Wife shall deliver children to the day care provider, and every other major Holiday (being defined as Thanksgiving, Christmas Eve, Christmas, New Years Day, Easter, Memorial Day, July 4, and Labor Day), and at such other times as the parties shall mutually agree. It is understood and agreed that the parties shall put for~h ever, effort to accommodate the schedules and needs oe the ~ther i~ order to afford each party the maximum amount oe time .itn -:::a :h~:j=~~. 1': :.3 ''':'J::~'J j? ::>1 '>l~~:';.'!:j. -. ~3 'lnd9=-1-":r:r~ 1r.0:.1 IIJr~'~': -:.~.1: -::..~ ;,::;.J'.:~..~ ~ ..... '/~.j:':..l::":n :.~-; _~::Jr.'-':<2'~ -:.~ .~,.! /7 '1 ,-... flexible and that the times listed are approximate and not intended to necessarily be strictly followed, with the understanding that neither party will do anything to unnecessarily inconvenience the other. It is further agreed that any major deciuion regarding the education, health, safety or welfare of the children, including the religious training, education, social activities, and medical treatment of the children shall be discussed between the parties to the greatest extent possible and that no non-exigent major decision to alter the course of any'of the above shall be made without the mutual consent of the parties, (b) suooort Q! Minor Children Wife agrees to pay Husband the sum of $337.00 per month, effective september 1, 1994, in support of the parties minor children, Said payment includes Wife's share of child care payments. wife covenants and agrees to continue to provide health insurance coverage for the minor children through her employers policy. Should Wife cease to be employed by her current employer for any reason, Wife agrees to continue to provide health care coverage of equal or greater benefit for the minor children through an alternative plan, or, in the alternative Wife agrees to reimburse Husband for such additional costs 38 mal be necessary to add children to cover3ge through hi3 employ~~. ,=,'-,,,,,". ~::~:~~~!...:j ~~:.: . :1.'--~ '~;:-.';. !-;:~, ,~ r\ Husband and Wife agree that, for the purposes of filing their annual returns with the Internal Revenue service that any unfiled returns as of the date of the making of this Agreement shall include neither spouse as a dependent of the other but that Husband shall claim Mark Andrew as a dependent and Wife shall deolare Zachary James as a dependent. 9. EOUITABLE DISTRIBUTION Qf PROPERTY (a) Motor Vehicles With respect to the motor vehicles owned by one or both of the parties, they agree as follows: 1. The 1987 Pontiac Grand AM shall hereafter be the sole and exclusive property of Husband, subjeot to any existing liens and encumbrances and the 1993 Hyundai Excel shall hereafter be the sole and exolusive '. property of Wife, subject of existing liens and enoumbranoes. (b) aAnk Accounts The parties agree and warrant that there are no joint CheCking or savings accounts at any commercial bank, savings and loan, credit union, private bank or other finanoial institution at the time of the making of this Agreement. The parties further agree that each savings and/or checking account now held in either par~ies' individual capacity shall be the exclusive and sole property of said party and tha~ the other ~aives all claims that he ~r she may have in said account. : ?'3nS:'-::n-~9t:'=3men~ ?'.]~~ _ :~:.'!:d~ ~: ::''lmenr. ,\C::O'Jn":"3, ',v'..: ~ 'w'il:"/95 H":,/ lr...:: L. _ _.-;:J:"'3S-: :::3:' 3;:~ '7h1': N r""\ ro.. have in Husband's pension, profit-sharinq, IRA and/or 401-K plans and benefits by virtue of his employment. Husband waives any and all interest that he may have in Wife'S Individual Retirement Account and/or 401 (k) Plan, panMion, profit-sharing, or other benefit by virtue of her employment except as hereinafter provided. The parties aqree that any such rights and/or benefits shall be and remain the sole and exclusive property of the party now vested with such right/benefit and each agrees to and hereby waives any claim that he or she has or could have to such rights/benefits. (d) Marital Premises Husband shall have sole and exclusive possession of the marital premises known as a 1991 Commodore Mobile Home situate at Regency South Mobile Home Park at Lot 141, it being understood and agreed that within thirty (30) days of the signing of this Agreement a qualified appraisal of said mobile home shall be made at Husband's expense, and Husband shall within thirty (30) days following the date of . appraisal obtain a commitment for financing to the maximum limit of the lending institution take sole ownerShip of said mobile home. It is further understood and agreed that Wife will fully cooperate in the process of conveyancing and financing the same and ~ill timely execute any and all documents necessary to accomplish said transfer, It is further agreed that, should Husband be able to obtain ~~nanci~a ~~ 1n l~CU~~ ?=3a~3~ :~an ;~==g~~:l :'~a,~ =~ ... ...-., " I... .....-: ~t 1n JU:~:3~~:~~ ~C~J lnJ ~cr~~3aa :: ~~ll: 3~~~, :~J 2..0 . ,I , -. - difference will be distributed in the following mannerl 1. the first $1,850 to Donald and Pauline Myers, and 2. the remainder evenly divided between the parties. (e) Personal Procertv Husband and Wife do hereby acknowledge and agree that they have heretofore divided or so marked and identified between them any and all of the furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, jewelry, musical instruments and household goods of whatever nature situated in the marital residence. Wife's identification of those items of personal property which shall be transferred to her pursuant to this Agreement are attached hereto as Schedule "C". Hereafter, Wife agrees that all of the above property in the possession of Husband or so marked and identified as belonging to Husband shall be the sole and separate property of Husband. Husband agrees that all of the above property in the possession of Wife or so marked and identified as belonging to Wife, inCluding those items identified on Schedule "C", shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above property which is the sole and separate properti of the other, 2/ ...... .-. 10. SEPARATE ASSETS Except as otherwise provided in this Agreement, each party shall keep and retain sole ownership, control and enjoyment of all property transferred to him or her purflllflllt to this Agreement, all of the jewelry, clothes, furniture, musical instruments, and other personal property titled in his or her name or in his or her possession and all bank accounts, securities, insurance pOlicies, pensions (inclUding any benefits and other sums payable thereon), any Social Security benefits to which Husband or Wife would have been entitled to by virtue of his or her marriage to the other, financial interests, or other intangible property held in his or her name and he or she shall have the exclusive right to dispose of such property without interference or restraint by the other as if the marriage had not taken place and he or she had remained unmarried. Each party shall indemnify the other and hold him or her harmless from any liability, cost or expense, inclUding attorney's fees, which is incurred in connection with the interests and/or assets referred to in this Paragraph. 11. WARRANTY AS IQ EXISTING OBLIGATIONS During the course of the marriage, Wife ~nd Husband :1J','q ~;",,;c'.l::-:'9d :::e=--:.]:~ ~':'];::~::'''::':3S lr.r~ :.: :'3 :1erQC'/ 10::-3e11 ~::~cu~ ~~e ~ecaS5::Y J~ JS\:3r~a:~~~~ ~:: ~na: :ur~cse l~' . ..- 2l """ r". for whose use each of the bills was incurred, that of those liabilities that were incurred prior to the date of the execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees that except as may be otherwise specifically provided for by the terms of this Agreement, no unpaid liabilities remain which were incurred by him or her on his or her behalf for Which the other party may be deemed liable I and, if any such debts or obligations should be determined to have existed as of the date of execution of this Agreement, or thereafter, except as set forth below, the party who incurred that debt shall indemnify and hold the other party harmless for and against any loss or liability and costs or expense, including attorney's fees, incurred as a result of those liabilities. Those liabilities known to the parties to exist at the time of the making of this Agreement are set forth here and made the sole and exclusive responsibility of the party so indicated. The other party hereby agrees to indemnify and hold harmless the other for any and all liability for the samel SHARON: Members First FCU Auto Loan Account Number 108662-05 Members First FeU Visa Account Number 4121-4499-9LOl-6625 Sears Charge (Acct.i5-58972-61889-Ji JEREMY: PNC Bank Mobile Home Loan '-can ~Iumbe!:' 10-'1:-J009JO, ;~~ '""". I'""" Members First FCU Auto Loan Account Number 108662-02 Members First FCU Line of credit Account Number 108662-01 contingent liability for Lot rental for mobile home Montgomery Ward charge Account Number 112-086-552 Each party agrees to, within one year of the date of this Agreement, obtain new financing for the above outstanding obligations so that the obligation is in the name of the party agreed to be responsible only and all encumbrance, obligation, lien or other attachment to the other is extinguished completely and forever. 12. WARRANTY AS IQ FUTURE OBLIGATIONS Wife and Husband each covenants, represents, warrants and agrees that except as may be otherwise specifically provided for by the terms of this agreement, neither of them shall hereafter incur any liabilities whatsoever for which the other or the estate of the other may be liable, and each now and at all times hereafter shall indemnify and hold the other party harmless from and against any such liabilities, costs or expenses, including attorneys' fees, relating thereto, incurred by the other party after the date of execution of this Agreement. 1 J , WAIVER QE ALIMON'{ :iuSCJr:\~ lr.t.1,Y~:1 :c ,id~'~r:':, ~'l_':.:, ::.;;~1J,il~.': ::. J~ In'! :::...:n:.:; .;n~;~ 1:'-:'.-:'.~: ::1.:1': .~.j':') 1';1:'.;:.3": :.~]:-:.""'3::'" :: 2Lf ~, """ J..j receive alimony or other post-divorce maintenance or support. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from tho othBr party. 14. AFTER ACOUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. ATTORNEYS' ~ fQR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees, incurred by the other party in enforcing the Agreement. 16. EFFECT QI DIVORCE DECREE The parties agree that unless other~ise snecifically provided herein, this Agreement shall coneinue in full force and effect after such time as a final decree in divorce is entered ~ith respect to the parties. 17. AGREEMENT ill lli: :~CORP()RAT::O r:f DIVORC::: DEC~E! ~~.9 'Ji1:--::?'S 1\~~:~ :::.1': 1 ::-:r:'/ :: :::':'J .\~.::r)l;;!!':ltdr.: "ii~,)_~ '::0 ~:H':Jrr;crl:'-1'~ ;~~.; 1:'.'," :: :'::---::~ ~d'::-:~'? ~.~::;: ...: r'"'\ 1"\ entered with respect to them. The parties further agree that the court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof, unless another court has jurisdiction to enforce the provisions of this Agreement. 18. WAIVER QE MODIFICATION rQ ~ IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 19. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other party within a reasonable period of time any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 20. ~ QE PENNSVLVANIA APPLICABLE This Agreement shall be construed in accordance 'I/ith the laws of the Commonwealth or Pennsylvania, '. ;~~"~~..\,::' :~I'!'~~~R::':.\:': :~, ~ ~ . " , For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 22. AGREEMENT BINDING YfQH HEIRS Except as specifically provided herein, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 24. HQ WAIVER gr DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor 3na:: :: =e =ons:=~ed JS 1 ~a:~~: J:=:;: ~~=:~:~3~C.l ;: Iny ~t~e~ Jc~:?a~:;n ~e=~:~. 27 ,-., ~, 26. SEVERABILITY If any term, condition, olause or provision of this Agreement shall be determined or deolared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein shall in no way void or alter the remaining obligations of the parties, 26. HEADINGS fiQ ~ QE AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and ahall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. COUNTERPARTS This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. 28 ,") /'""' . ,. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 2 '7 il~ ?fi2 9.tdZtd ~ tnesB '/ '. J::H: ~ ~.,i..r J em . MeM ehael ...., (i.:?-,., ,/ I . Il.'" ,I. ,... /.Y ':./ (" ,'<j,tf' .. . . ....~.~ I,' '. __ _ ,.' Sharon E. MeM ehael 1""\ '""' COMMONWEALTH OF PENNSYLVANIA COUNTY OF ('''.....I...L..,{.-, Q IS On this, the }'-day of a~f""~/" , 1994, v public for the Commonwealth of before me, a Notary Pennsylvania, residing in the County of Cumberland, personally appeared Jeremy J. McMichael, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and off icial seal. ":n'elJJoll I . '.." ' . . 1:." ~'"~l'/!5.,\,o''' ,\ .. " -"" "'.. r..... ;.~. ...... :~~,.d....ar: ,;'''. , .'" "..... '''~J ..... . . ........" -.......,-..---.- f..:r:::r.j<tJ(U'Wi,i.t.a,.,.~li.ilt~ $tttf dA~ !I Not,try PUbfio .30 .' ,I I "..." r-- COMMONWEALTH OF PENNSYLVANIA : COUNTY OF D ~ ~1'v\A.v : ss On this, the -L day of ~.+- , 1994, before me, a Notary PUblic for the commonwealth of pennsylvania, r residing in the County of 0 ,,~. ~ ....... , personally appeared Sharon E. McMichael, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto, set my hand and official seal. o~ e~~~ Notary Publ c ~IOIARIAL SE/lL ELLEN ROSENBLOOM, Nc~ary PubliC H.\lrl$OU~,l)3u~nln \;0U"l'f My C~mll\l$!l~n E.olres M3't 8. 1995 . . t , . .-.., -- Schedule B: Sharon McMlchael's Statement of Financial Disclosure as of September 12. 1994 Awt1 Automobile: 1993 Hyundal Excel CheCking Account: Members 1st FCU '119399 Estimated Value: S8.000 Estimated Value: S300,OO ~ Members 1st FCU 1108662.mc.05: Auto loan: Principal 8alance: S7.678,60 Members 1st FCU Visa: Account '4121449991086625 Prlnc1pal Balance: S686.11 Sears Charge: Account 15.58972.61889.3 Principal Balance: S500,OO Ch11d Support: 'Currently pa1d at the rate of 5337.00 per month, Jnccme Current net Income on a bl-weekly schedule Is S518.83. :.''?' : ;~Jg-tvS-~t~ SeO :sc~: ~n-3 .~: ~ee2It: vs. 2: oJS 32- ro. , , ..-, Schedule Bl Jeremy McMichael's Statement of Financial Disclosure as of July 15, 1994. Assets Mobile Home I 1991 Commodore Capewood Estimated valuel $40,000. Estimated valuer $ 4,000. Automobile I 1967 Pontiac Grand AM savings account I Members 1st FCU #140622-00 Estimated valuel $65, CheCking accountl Members 1st FCU #140622-11 Estimated valuel $750. Liabilities PNC Bank t30-02-3009303346/ Mobile home loan/ Principal balancel $35,000. Members lst FCU #106662-01/ Line of Credit/ Principal balancel $ 4,950, Members 1st FCU #106662-02/ Auto loan/ Principal balancel $ 2,000. Regency Southl Lot R~nt/ currently paid at a rate of $245./month Montgomery Ward credit card,#ll2-066-552/ Principal balance I $ 1,100, Income Current net income received on a bi-weekly schedule is $552.02. 33 " . ,.-.., ,.-. SCHBDULB "C" Wife .hall be entitled to remove from the marital premises and have as her own subject to the provisions above mentioned all of the following I 1) stereo, tapes and CDs 2) Dresser 3) Gold Mirror 4) Coffee and End Table 5) Collectibles as agreed 6) Plant stand 7) Cookware as agreed 8) crib 9) Microwave cart 10) Patio furniture 11) pictures/wall hangings as agreed 12) Christmas decorations as agreed 13) suitcases as agreed ;5!; ,-.. ,... . ~..' :c ., C>- !.' l ; ", " ., r.J , , ~ " , ...., " ~ ,. ~, v " . . '-.I "-' ,- '"""\ _lft<>aD<>aD< ~ - *<,.~ --~-----~---~~~---- . ~ ~ . . ~ ~ . . . . ~..".. ,..,.., ,,' ' . , ..",,rt;Rt;HY...J.,..,HctHCHAEL,. ' . , ................., ' i ~ . . ; . I ~ , . ~ ~ ~ , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .. PENNA. SI.1AROti !,:"McMICHAEL, I " II I N (), .......9.1~}.'140..,c,1.y.,l..l, 1994 PIa inti ff ' Versus Defendant DECREE IN AND NOW. u~~' ~ ~ ~ ,: :.~.. It I. ordered ond decreed that ,."""".". .1?11}\,~QI;J, ,1;" ,t-fs=J1TCI1^E~, . ,.. , . . . , ., plaintiff. and. .. .. .. ,.., .... .... , , .. , v,r;II~fof.Y..-1.. ..t1c;~l.C;IJH1-l . .. .. .. .., defendant. are divorced from the bonds of matrimony. The court retalnl jurisdiction of the following c1alml which have been rolled of record in this action for which a final order has not yet b.en entered; NONE D y T ....., ..T.ll11l..<\gr~,e,l1)'i!l1,t. ,Qf. .I\lJ<;J11,S,~, 7,2"" J.9,9.1.}A .l)~, ....... .i.l'l~9, ,t;I}l,1.F:\l)il.1. ,1?tY,(m~r-, ,1)'?9.r.qef: ,~,~,'.,.... , "'''a'' ,......,(1.. ',:.1....' AlIelll (W.I-U1Ul.,.. c.. ~I'" ' ..~ J. 7~r: t!(j;ttl.-/;I,--,~, J~ I ~ Prolhonol.ry . . . . , . .. 8 * 8 ~ . . t . . . . . " ., ~ . ~ - . . 8 iii , 8 8 8 ~ 8 ~ ~ ~ ~ _'-'''.,''' .. -.-..-... _ ., ,lK<J4IIX:_ ;4Co:* ;...--;w.-:-..;".-..:-J !,\ .,.-.." , . :1/ q J l.1- / W1 S SHARON E. McMICHAEL, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMY J. McMICHAEL, DEFENDANT/PETITIONER . . : 94-3440 CIVIL TERM ~ AND NOW, this "l.-1..- day of August, 1995, a Rule Is entered against Sharon E. McMichael to show cause why she should not be adjudged In contempt of court. Rule returnable at a hearing to be held In Courtroom No.2, Cumberland County Courthouse at 2:30 p.m" Thursday, September 28, 1995, at which time Sharon E. MoMlohaells ordered to appear, By the Court, , ,~/' I J Sharon E. McMichael Riddle R. D, 21 v.o" ct'"l. Dover, PA 17316 Plaintiff/Respondent Charles A. Gerow, Esquire For DefendanVPetltloner -" ) (!~u.., (hl~J(.(l b' I ;lo1./ ~5" .A.f . :saa 36 AUG 22 10 00 rlH f95 . ',![flU/: '.' ' . . " ,IO"OL~H "~'" ii,4NQ COLl~n . . '!IW:LV,\~, ....J . '-' I ( " ..-., ~I .. ~I '''1.5 SHARON E. McMICHAEL Plaintiff, Respondent vs. I I I I I I I NO. 94-3440 civil 1994 JEREMY J. McMICHAEL Defendant, Petitioner ORDER 'lou, Sharon (McMiohael) Riddle, respondeantt, must appnear in person in court on i Room cumberland Co. Courthouse. IF YOU DO NOT APPEAR IN PERSON, THB COURT NAY I88UB A WARRANT FOR YOUR ARRBST AND YOU NAY BB COMMI'l"I'BD TO JAIL. If the court finds that you have willfully failed to comply with its order for support, you may be found to be in contempt of court and committed to jail, fined or both. DATE OF ORDER 1 BY THE COURT I Judge " 37 '\ . 1"'"'\ ... SHARON E. McMICHAEL Plaintiff, Respondent vs. I I I I I I NO. 94-3440 civil 1994 JF.REHY J. McMICHAEL Defendant, Petitioner NOTICE Legal proceedings have been brought against IOU alleging, a~ng other things, you have willfully d sobeyed an order of court for support. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAIfIIOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP I Court Administrator 4th Floor, Cumberland Co. Courthouse carlisle, PA 17013 (717)-240-6200 ."""1 ,.-.. , SHARON E. McMICHAEL, Plaintiff vs. 1 1 1 NO. 94-3440 civil 1994 : JEREMY J. McMICHAEL, Defendant PETITION FOR CONTEMPT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of original Defendant, Jeremy J. McMichael, respectfully represents that: 1. Petitioner, Jeremy J. McMichael, is an individual residing at #41 Regency South Mobile Home Park, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Sharon E. (McMichael) Riddle, is an individual residing at R.D. 21, Dover, York county, Pennsylvania. 3. On or about October 12, 1994, a Decree in Divorce was entered by the Honorable Edgar B. Bailey. Attached to said Decree and made a part thereof was an Agreement of August 22, 1994, directing, inter alia, respondent to pay the sum of $337.00 per month for the support of the minor children, Mark Andrew and Zachary James. 31 1'""'\ {\ 4. Respondent has steadfastly refused to honor her obligations in this regard and is not complying with said Order and has willfully failed and/or refused to pay in accordance with the Order of this Honorable Court. 5. The arrearages under the Order amount to $2,298.00 as of August 1, 1995. 6. Despite repeated warnings from counsel regarding the importance of fulfilling her obligations and responsibilities for the support of her children, Respondent has refused to do so. Despite demands for payment, Respondent has likewise refused to make such payments. 7. Respondent is able to comply with the Order entered by your Honorable Court. 8. The Agreement made a part of this Honorable Courts Divorce Decree further gave rights of shared joint custody of the minor children and set up a specifio sohedule of visitation and physioal oustody. '1-0 ........, /"'""\ 9. Since the entering of the Decree in Divorce, Respondent has in all manners refused to fulfill her obligations and responsibilities for custody of and visitation with the minor children. She has, instead, chosen to perform her duties only when convenient and has refused even the common courtesies of advance notice to Petitioner, choosing instead to rely on Petitioner as a free-of- charge babysitter, WHEREFORE, Petitioner prays that a Rule be granted on Respondent to show why she should not be held in contempt of Court for failure to comply with said Order of Support and to further show cause why she should not be held in contempt with respect to custody and visitation of the minor children and to further show cause why the provisions with respect to custody and visitation should not be vacated. Respectfully submitted I DYI CHAR 4125 Charles Roa Mechanicsburg, PA 17055 717-975-3536 Attorney I.D. #32868 Counsel for Potitioner '1/ 1"'\ . , VERIFICATION I verifY that the statements made in this Petition for contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. stat. Section 4904 relating to unsworn falsification to authorities. -F-1I1 if IJnt ~'1A1 Petitioner 'fl m " :-.:: ....... '., i '.I ;J' <71 L., fJ ......;. ,-..,) '-' 1'"\, 1''\ SHARON E. McMICHAEL, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMY J. McMICHAEL, DEFENDANT/PETITIONER 94-3440 CIVIL TERM ~ AND NOW, this 5th day of October, 1995, following a hearing, IT IS ORDERED: (1) The petition to hold Sharon E. (McMichael) Riddle In contempt for failing to comply with the custody provisions In a marital settlement agreement that was Incorporated Into a final decree In divorce by an order of October 11, 1994, IS DENIED. The mother, however, from this date forward, shall provide the father at least five (5) days notice when she Is not going to exercise her temporary physical custody rights, (2) A petition to hold Sharon E. (McMichael) Riddle In contempt for not carrying medical coverage on the parties' two children IS DENIED since the children are being covered free In a government program. Should that free coverage cease, the mother shall be responsible, as per the order of October 11, 1994, to either provide health Insurance coverage through an employer's policy or reimburse the father for such additional cost as may be necessary to add the children to health Insurance coverage through his employer, l/J II r", 1""\ (3) Sharon E. (McMichael) Riddle Is adjudicated In contempt for failure to pay regularly $337 per month for the support of her two minor children as per the order of October 11, 1994. The mother shall purge herself of contempt by hereafter timely making such payments together with $50.00 per month on account of arrearages, I ,II , ( \ Sharon E. (McMichael) Riddle R. D. 21, Box 97 Dover, PA 17315 Plaintiff/Respondent _ ~~~'''('''(''-c..,t.. /6/"'19$' .....s. -(l . Charles R. Gerow, Esquire For DefendanVPetltloner Domestic Relations Office :saa .2. '-14 Ocr 5 3 ~5 fH '95 : I J!'f t' ~i " ';" A!t 'f r';!' -ip 11 r . \. ......., ~. .", t""\ rJ . " , . IKJ11IU:O.u Rl~O"'.1:0l\1l\10IULEAS~E _CUl\1DERLANDf:OUNIY .1'ENNSl'LYAlSJA SIIARON .:, Mcl\lICIIAU./ RllmU: I'LAINTIJlIi. VS. CUSTODY JEREMV J, McI\IICIIM:L m:....:NDANT. 94-3440 CIVil, TERM ORDER AND NOW. 10 wll.this day of , 1995 based uJlon this foregoing Petition it is hereby ORDERED AND DECREED that the Office of Domestic Relations in Cumberland County shall oJlen a file and set an Order in the amount 01'$337,00 per week; and they shall also schedule a Modification lIearing Ihr purposes of determining the present and proper amount of child support BY THE COURT, J . 'f~ ""'" I"". " I ~ IN Tilt.; COlIIHOl" COMMON l'Lt.;AS O}l CUJ\lUt.;RLAND l'OllNT\' ,l'EN NS\'L VANIA SIlARON .:, MrI\IICIlM:L/IUUIH.': I.LAINTIJi..., VS, ClISl'OUY JEREMY J, Mrl\lICIIM:L lU:n:NUANT, 94-3440 CIVIL TERM l'J::TITlONfon.Sl'J::CIAUU:LlEl~ (I~I' ANI> NOW, 10 wit, this ...... ___ day of No\'cl11hcr, IlJlJS ,omes the Plaintiff, Sharon Riddle, by and thlllugh her counsel, Linda M Gross, Esquire who files this Petition for Special relief and in support thereof states as tbllows Petitioner is Sharon Riddle, (herein aller referred to as "Mother"),an adult individual who presently resides at R D.# 21 Box 97, Dover, York County. Pennsylvania, 1731S 2 Respondent is Jeremy J McMichael. (herein aner referred 10 as "Father"), an adult individual who presently resides at 41 Regency Street, Carlisle, Pennsylvania 17013, 3 The panics were married and subsequcntly divorced by Decree of the Coun of ComlllDn Pleas ulTumberland County. I'ennsylvnnia The Divorce Decree of October II, 1994 incorporatcd thc terms of a Marital Settlcmcnt Agrecml'nt dated August 22, 1994 A copy of the Agrccmcnt is llttached hcrctomarked as exhibit "A" an incorporated by relerence hercin 4 The parties arc the palcnlsoftwo minor children, namely Mark Andrew McMichaelllnd ZlIchalY James McMlchllcl The parties ShlllC l.egal cusludy and Primary r-, f""'" , " Physical Custody ofthc childrcn is with Fathcr Mothcr hils rights OfPIl11ialPhysical Cuslody as sct forth morc fully in paragraph II of thc Agrccmcnt 5 In addition. thc partics Ilgrccd in pllrugl'llph IIh ofthc Maritlll Scttlcmcnt Agrccmcntthllt Mothcr would PIlY thc sum 01'$ .H700 Jlcr month as child support, 6 Whcn Mothcr WIlS cmploycd filii timc, shc WIlS ablc tomcct thc agrccd upon amount of support 1I0wcvcr, subscqucntto thc cntry of thc Divorcc Dccrcc, Mothcr bccamc uncmploycd Ilnd was collccting uncmploymcnt compcnsation in thc amount of $188,00 pcr wcck As a rcsult, Mothcr was notllblc to mcct hcr full obligation pursuant to thc Marital SClllcmcnt Agrccmcnt 7 As a rcsult of Fathcr's liIing of a Pctilion for Enlbrccmcnt and Contcmpt ofthc Marital Scttlcmcnt Agrccmcntnnd Divorcc Dccrcc, an Ordcr wns cntcrcd by this Court, a copy of which is nttllched hcrcto mnrkcd as cxhibit "II" Dcspitc Mothcr's argumcntthat shc was uncmploycd and as n rcsult. shc should bc cntitled to nlcmpDrnry rcduction in hcr support obligntion. thc Court rcfltscd hcr requcst II Mothcr hns rcpeatedly rcqucstcd thllt Fllthcr nllow hcr to procccd to pay hcr support through thc npproprilltc Court chnnncl. nllmely thc Domestic Relations Office of the Court of Common PICllS of York County which would thcn in turn, forward paymcnts to thc Cumcrland County Domcstic Rclations Scction l) Dcspltc this rcqucst. Fathcr has rclltscd to COOpcflltc in any rcgard. 1f7 "", f"', " , . 10 The 11ennsylvllnia Supreme Court has established guidelincs for the payment of child support. Based on these guidelines, IInd Mother's unemployment compensation, Mother would be entitled to a reduction in her child support Ilowever, Mother is being denied due process orlllW, II Mother hils requested that she be entitled 10 open a DR 0 tile in either York County or Cumberland County for purposes of paying her child support payments Her requests have bccn dcnied by both York County and Cumberland County's Omce of Domestic Relations claiming that a DelendantmllY not opcnll child support case. 12 Although it is unusual for a Dcfendllnt to request payment of child support through the Omce of Domestic Rclations. Delendllnt cllnnot be denied thc same rights and services ofthe Domestic Relations Ollice as are provided to I'laintill's 13 Mother is willing to allow the Ollice of Domestic Relations to determine an appropriate amount of support 14 Case law has clearly established that a child support amount set in a Marital Settlement Agreement is not set in stone and may be modi lied through the liIing by the Plaintill' for an increllse or a modilication through an Ollice of Domestic Relations This law should equlllly IIpply to II Delendant who requests tllllt an amount of support be reduced where II pllyor sullers linllncial hardships IS Nowhere in the Agreement do the terms prevent a request to modify the amount of support 1"\ r' . . .. ICl Although the child support amount in this case may not be signif1canl based upon, Mother's $188.00 per week unemployment compensation, she is not in a position to pay the total amounl Mother fears that her continued inability to comply with the Divorce Decree and Agreement, will put her in a position where she may nnd herself in Contempt of Court and nnd herself in prison 17. It is patently unfair to allow Plaintiffs the benents ofthe Office of Domestic Relations and deny Defendants the same benelits 18 A Marital Settlement Agreement is a contract and Mother does not dispute that, However, if Mother were to request a Modilication in the child custody provisions of the agreement, Mother would then be allowed to proceed through the Custody Courts in an eflbrtto seek what she believes would be u filiI' and rellsonable child custody Order. I do not believe the Court would disagree in this regard. l'l Likewise, with the support matter, a party should have a right, whether they are a I'laintifl' or Defendant the request thllt the proper channel of the Court address her child support matter 20 In addition. Mother believes that the payment of child support through the Office of Domestic Relations will provide Father with lIdditional enlhrcement benefits if she fails to pay pursuant to lIny Order Furthellnllle. Mother will then be IIssured that II proper accounting of her payments will result lInd. she will be assured that she is paying the proper amount and that her payments are being credited III her account 21 'Ii r-. . As a resull ufthe fhreguing, MUlher respeetlillly requests Ihut lhis Ilunorable Court direct Ihe Olllee uf[)umestie RcllIlluns in Cumberland Cuunty open a flIe and selan Order in the amount 01'$33700 per week Silllulluneously wilh lhis Order, Mother respecUully requests thut the Court of Conullonl'leus uf Cumberlund ('ounty schedule a Modil1cution Heuring for purpuses of delenllining the presenl und proper IImounl of child support. Un ~ M. Gross, Esquire 52 outh Duke Slreel York, PA 17401 (717) 852-7232 Supreme Court 1011 58999 j-O '""" t"'\ . AGREEMENT This Aqrsement ie made this ~1.~o day of AlJlt'fltr, 1994 by and between JEREMY J. McMICHAEL of cumberland county, pennsylvania ("Husband") and SHARON E. McMICHAEL of cumberland county pennsylvania ("Wife"). WIT N E SSE T HI WHEREAS, the parties hereto are Husband and Wife, having been married on November 26, 1988 at New Bloomfield, perry county, pennsylvania, WHEREAS, Husband and wife are the parents of two . children, Mark Andrew McMiohael, born May 4, 1990 and Zaohary James MoMiohael, born september 17, 1992' and WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties and the parties have deoided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally all of their respective finanoial and property rights and obligations as betwesn each other including, without limitation, by speoifioationl (1) the settling of all matters between them relating to the ownership of real and personal property inoluding property heretofore or subsequently acquired by either party, (2) the settling of all matters relating to custody, visitation and support of tho minor children of the / ./11 \! 1 \ "11.' !it . r"'o. -, ( . parties, (3) the Aettling of all disputes, rights and/or interests between them arising out of or by reason of their marriage including but not limitsd to the past, present, and . future support, alimony, counsel fees, costs or maintenance of Wife by Husband or of Husband by wife/ and (4) in general, the settling of any and all actual and possible claims by each party against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as followsl 1. ADVICE Qf COUNSEL The provisions of this Agrsement and their legal effect have been fully explained to the parties by their respective counsel, Judy calkin, Esquire, for wife and Charles Gerow, Esquire, for Husband. Each party acknowledges the fact that they have received independent legal advice trOll COlUJlel ot his or h4r ,o!fIIJtlfln 1JfJ!J tflJJt t/J/lt! filJ J '/ ~ . .... .. ...., understands the facts and has been fully informed as to his or her legal rights and obligations and each party accepts that this Agreeme t i n s, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such 52- .- {'\ ( . result of any collusion or improper or illegal agreement or agreements. 2. DEFINITIONS (a) Divorce~. The phrase "Divoroe Code" shall . be defined as Act No. 1980-26, 23 P.S. 101 ~ ~., as amended. (b) I2W gf. j!:lIecution 2! .th1a Aqreement. The phrase "date of exeoution" or "exeoution date" of this Agreement shall be defined as the date of execution by the parties if they have eaoh exeouted the Agreement on the same date. Otherwise, the "date of exeoution" or "exsoution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (0) Distribution 12W. The phrase "distribution date" shall be derined as ten (10) days from execution of this Agreement, unless otherwise specified withJn the Agreement. 3. EFFECTIVE ~ Q.E AGREEMENT This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them. 4. DIVORCE COMPLAINT A complaint in Divorce shall be filed within thirty (30) days of the signing of this Agreement in the court of Common Pleas of Cumberland county under Section 201 (c), said action to be paid for by Wife. 53 ~ -, 5. FINANCIAL pISCLOSURE The parties have disclcsed to eaoh other they are aware of the extent of each other's inoome, assets, liabilities and estates by virtue of their delivery to eaoh . other of schedule IIAII attached hereto and hsreby made a part llereof entitled IISharon McMichael's statement of Financial Disclosure as of July 15, 1994" and Schedule IIBII attached hereto and made a part hereof entitled IIJeremy McMichael's statement of Financial Disolosure as of July 15, 199411. Both partiss acknowledge that said Sohedules IIAII and IIBII have been prepared principally by the parties hereto and are not intended to represent precise accounting valuaclons cur rather good faith estimates by the parties. 6. ~TUAL ~ELEASES Exoept as otherwise expresslY provided by this Agreement: (a) Each party hereby absolutely and w"''''ll.t.te.t.m-all}' :-wl~ .and LorBver tffachltrges tbe otber and the estate of the other tor all purposes from any and all rights and Obligations which either may have or at any time hereafter have for past, present or future support of maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or Obligation, economic or otherwise, inoluding all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well .as under any Sf ....... I"'. , other law of any othe~ jurisdiotion, exoept and only exoept all rights, agreemants and obligations of whatsoever nature arising or whioh may arise under this Agreement or tor the breaoh ot any provision thereof. Neither party shall have . any obligation to the other not expressly set forth herein. (b) Eaoh party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, exeoutors, administrators, assigns, property and estate from any and all rights, olaims, demands or obligations arising out of or by virtue of the marital rslationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such olaims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising undsr the laws of pennsylvania, any state, Commonwealth or territory of the united states, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceedS at the death of the other of which she or he is the named beneficiary (whether 5"S- -. the benefioiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to reoeive any legaoy, bequsst or residuary portion of the , other's estate under his or her Will, or t9 aot as personal . representative or executor if so named by the Will of the other, whether such Will was executed prior or subsequent to this Agreement. 7. PERSONAL BIGHTS wife and Husband may and shall, ,at all times hereafter, live separate and apart. Each shall be free from any direot or indirect control, restraint, interference or authority, by the other and shall be treated in all respeots as if they were unmarried. Except as otherwise provided for in this Agreement, each may reside at such place of places as he or she may from time to time choose or deem fit. Each may, for his or her separate use or benefit, oonduct, carry on and engage in any business, occupation, profession or employment and at such locations which to him or her may seem advisable. wife and Husband shall not molest, harass, disturb or malign each other or the respective families, friends, colleagues, employers or employees of each other or compel or attempt to compel by any means the other to cohabit or dwell in any manner whatsoever with him or her. The Agreement is not intended to condone and shall not be deemed to be a condonation of the part of either party hereto of any act on, the part of the other party which has occasioned the disputed or unhappy differences which have 66 .-, I""', ocourred prior or whioh ~ay ooour subSequent to the date of eKeoution of this Agree~ent. 8. ~USTODY/VISITATIOH AND ~UPPOR~ gl H]NOR CHII.DREM (a) ~ustod'l AIUl ~ Husband and wifs agree that the best interests of their ~inor ohildren, Mar~ AndreW and zaohary Ja~es, are served by a shared joint oustodY, Husband and wife further agree that the best interests of their ~inor ohildren are best served, at this ti~e, by Husband ~eing the pri~ary physioal oustodian of the minor ohildren. AcoordinglY, Husband and wife agree that Husband shall have prinoiple physical oustody of the minor ohildren, Mark Andrew and zaohary Ja~es, with wife afforded liberal visitation inoluding every other weekend fro~ approKi~atelY 5100 p.~. on Friday until 6100 p.~. on sunday, and eaoh Tuesday fro~ ,..ro.i.,t.'Y '.00 .... until ..00 .... the 'ollowin. d.Y ,t or about which ti~e wife shall deliver children to the day care provider, and every other ~ajor Holiday (being defined as Thankegiving, Christ~as Eve, christmas, New years Day, Easter, Memorial Day, JulY 4, and Labor Day), and at suoh other times as the parties shall mutuallY agree. It is understood and agreed that the parties shall put forth every effort to accommodate the sohedules and needs of the other in order to afford each party the maKi~u~ amount of time with the children as is wished by the parties. It is understood and agreed that the schedule for visitation is intended to be S7 .-.., ~ flexible and that the ~imes listed are approximate and not intended to neoessarilY be striotly followed, with the understanding that neither party will do anything to unnecessarilY inconvenience the other. . It is further agreed that any major decision regarding the education, health, safety or welfare of the children, including the religious training, education, social activities, and medical treatment of the children shall be discussed between the parties to the greatest extent possible and that no non-exigent major decision to alter the course of any of the above shall be made without the mutual consent of the parties. (b) supDort ~ Minor ~hildren wife agrees to pay Husband the sum of $337.00 per month, effective september 1, 1994, in support of the parties minor children. said payment includes Wife'S share of child care payments. wife covenants and agrees to continue to provide health insurance coverage for the minor children through her employers policy. Should wife cease to be employed by her current employer for any reason, wife agrees to continue to provide health care coverage of equal or greater benefit for the minor children through an alternative plan, or, in the alternative wife agrees to reimburse Husband for such additional costs as may be necessary to add children to,coverage through his employer. (c)' IRa DeDendenc~ DeductLon )-~ ,,.-., ~ Husband and Wire agree-that, ror the purposes or riling their annual returns with the Internal Revenue service that any unriled returns as or the date or the making or this Agreement shall include neither spouse as a dependent or the . other but that Husband shall claim Mark Andrew as a dependant and Wire shall declare Zachary James as a dspendent. 9. EOUITABLE DISTRIBUTION Qf PROPERTY (a) Motor yehicles with respect to the motor vehiclss owned by one or both of the parties, they agree as followSl 1. The 1987 pontiac Grand AM shall hereafter be the sole and exclusive property of Husband, subject to any existing liens and encumbrances and the 1993 Hyundai Excel shall hereafter be the sole and exclusive property of wife, subject of existing liens and encumbrances. (b) aAnk Accounts The parties agree and warrant that there are no joint cheCking or savings accounts at any commercial bank, savings and loan, credit union, private bank or other financial institution at the time of the making of this Agreement. The parties further agree that each savings and/or checking account now held in either parties' individual capacity shall be the exclusive and sole property of said party and that the other waives all claims that he or she may have in said account. (c) Pension-Retirement Plans L Individual Retirement Accounts, ~\tQ ~a\ves any and all interest that she may :?I .-., have in Husband's pension, profit-sharing, IRA and/or 401-K plans and benefits by virtue of his employment. Husband waivss any and all interest that he may have in wife's Individual Retirement Account and/or 401 (k) Plan, psnsion, profit-sharing, or other benefit by virtue of her employment except as hereinafter provided. The parties agree thut any suoh rights and/or bsnefits shall be and remain the sole and exolusive property of the party noW vested with such rlpht/benefit and each agrees to and hereby waives any olaim that he or she has or could have to such rights/benefits. (d) Marital Premises Hushand shall have sole and exclusive possession of the marital premises known as a 1991 commodore Mobile Home situate at Regency south Mobile Home Park at Lot 141, it being understood and agreed that within thirty (30) days of the signing of this Agreement a qualified appraisal of said mobile home shall be made at Husband's expense, and Husband shall within thirty (30) days following the date of appraisal obtain a commitment for financing to the maximum limit of the lending institution take sole ownership of said mobile home. It is further understood and agreed that wife will fully oooperate in the process of conveyancing and finanoing the same and will timely exeoute any and all documents necessary to accomplish said transfer. It is further agreed that, should Husband be able to obtain financing in an amount greater than curr.ently owed by virtue of an outstanding note and mortgage to PNC Bank, the 60 .-, difforenoe will bB distributed in the following manner I 1. the first $1,850 to Donald and Pauline Myers, and 2. the remainder evenly divided between the parties. (e) Personal prooertv Husband and Wife do hereby aoknowledge and agree that they have heretofore divided or so marked and identified betwsen them any and all of the furniture, furnishings, rugs, carpets, household equipment and appliances, piotures, books, jewelry, musical instruments and household goods of whatever nature situated in the marital rssidence. Wife's identification of those items of personal property whioh shall be transferred to her pursuant to this Agreement are attached hereto as Schedule "e". Hereafter, Wife agrees that all of the above property in the possession of Husband or so marked and identified as belonging to Husband shall be the sole and separate property of Husband. Husband agrees that all of the above property in the possession of Wife or so marked and identified as belonging to Wife, inoluding those items identified on Schedule "C", shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respeot to any of the above property which is the sole and separate property of the other. ~f ~ 10. SEPARATE ASSETS Except as otherwise provided in this Agreement, each party shall keep and retain sole ownership, control and enjoyment of all property transferred to him or her pursuant to this Agreement, all of the jewelry, clothes, furniture, musical instruments, and other personal property titled in his or her name or in his or her possession and all bank accounts, securities, insurance pOlicies, pensions (including any benefits and other sums payable thereon), any Social seourity benefits to which Husband or Wife would have been entitled to by virtue of his or her marriage to the other, ~..J.Mn:l~2 1.T\.~~:S, ..."1:" ..."\.~hn:. J.rJ\Z'&f'J'JJ'\.J... ..^'~~ ~.." ,~tw<l l.. .""l,.. or her name and he or she shall have the exclusive right to dispose of such property without interference or restraint by the other as if the marriage had not taken place and he or she had remained unmarried. Each party shall indemnify the other and hold him or her harmless from any liability, cost or expense, including attorney's fees, which is incurred in conneotion with the interests and/or assets referred to in this Paragraph. 11. WARRANTY Aa TQ EXISTING OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and 62.. ,-, tor whose use eaoh ot the bills was inourred, that of those liabilities that were inourred prior to the date ot the exeoution ot this Agreement, wife and Husband eaoh oovenants, represents, warrants and agrees that exoept as may be, otherwise specificallY provided for by the terms of this Agreement, no unpaid liabilities remain which were incurred by him or her on his or her behalf tor which the other party may be deemed liable, and, if any suoh debts or obligations should be determined to have existed as of the date of exeoution of this Agreement, or thereafter, except as set forth below, the party who incurred that debt shall indemnify and hold the other party harmless for and against any losS or liability and costs or expense, inoluding attorney's fees, incurred as a result of those liabilities. Those liabilities known to the parties to exist at the time of the making of this Agreement are set forth here and made the sole and sxolusive responsibility of the party so indioated. The other party hereby agrees to indemnify and hold harmless the other for any and all liability for the samel SUARONI Msmbers First FCU Auto Loan Account Number 108662-05 Members First FCU Visa Aooount Number 4121-4499-9101-6625 Sears Charge (Acot.I5-S8972-61889-3) JEREMYl PNC Bank Mobile Home Loan Loan Number 30_02-3009303346 '..... ,-... Members First FeU Auto Loan Acoount Number 108662-02 Members First FCU Line of credit Acoount Number 108662-01 contingent liability for Lot rental for mobile home Montgomery Ward charge Account Number 112-086-552 Each party agrees to, within one year of the date of this Agreement, obtain new finanoing for the above outstanding obligations so that the Obligation is in the name of the party agreed to be responsible only and all enoumbrance, obligation, lien or other attaohment to the other is extinguished oompletely and forever. ii. ~ N I!S &Zlif./,,2W.!!JiM'.10NS Wife and Husband eaoh oovenants, repressnts, warrants and agrees that exoept as may be otherwise speoifioally provided for by the terms of this agreement, neither of them shall hereafter incur any liabilities whatsoever for which the other or the estate of the other may be liable, and each now and at all times hereafter shall indemnify and hold the othsr party harmless from and against any such liabilities, oosts or expenses, inoluding attorneys' fees, relating thereto, incurred by the other party after the date of execution of this Agreement. 13. WAIVER Ql ~LIMONY Husband and Wife do hereby waive, release and give _ ..:rr -;-- .3''" .-" ~''''hp-..JII8V .have against the other to b'Y ,-, 1"""1 , . reoeive alimony or other post-divoroe maintenanoe or support. It shall be, f~om the exeoution date of this Agreement, the sole responsibility of eaoh of the respeotive parties to sustain themselves without seeking any support from tbe other party. 14. ~FTER bCOUIRED FROPERTY Eaoh of the parties shall hereafter own and enjoy, independently of any olaim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after exeoution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respsots and for all purposes, as though he or she were unmarried. 15. ATTORNEYS' ~ fQB ENFORCEMENT In the event that either party breaohes any provision of this Agreement and the other party retains counsel to assist in enforoing the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees, inourred by the other party in enforoing the Agreement. 16. EFFECT Q[ DIVORCE DECREE The parties agree that unless otherwise spsoificallY provided herein, this Agreement shall continue in full force and effeot after such time as a final decree in divorce is entered with respect to the parties. 17. AGREEMENT ~ aB INCORPORATED 1H DIVORCE pECREE The parties agree that a copy of this Agreement shall be incorporated into any divorce decree which is (p!J i"'" ,"'"" r--. , . entered with respeot to them. The partiss further agree that the oourt of Common pleas whioh may enter suoh divoroe deoree shall retain continuing jurisdiction over the parties and the subjeot matter of the Agreement for the purpose of enforoement of any of the provisions thereof, unless another court has jurisdiotion to enforce the provisions of this Agreement. 18. WAIVER Ql MODIFICATION ~ w:: lli WRITING No modirioation or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breaoh hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 19. MUTUAL COOPERATION Eaoh party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other party within a reasonable period of time any and all further instruments and/or documents that t~e other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agresment. 20. LAH Ql PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordanoe with the laws of the commonwealth of pennsylvania. 21. CONTRACT INTERPRETATION ~6 . .-... i r"'o For purposes of oontraot interpretation and for the purpose of resolving 'any ambiguity herein, Husband and wife agree that this Agreemont was preparsd, jointlY by their respeotive attorneys. 22. ~GREEMENT BINDING UfQH HEIRS Except as specificallY provided herein, this Agreement shall be binding upon and shall inure to the I..."..rl" 0" t-hA pRrties hereto and their respeotive heirs, OKocutcra, administrators, successors and assigns. 23. INTEmu..TIOU This Agreement constitutes the entire understanding of the parties and supersedss any and all prior agreements and negotiations between them. There are no other representations, terms, oovenants, oonditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 24. HQ WAIVER Qf DEFAULT This Agreement shall remain in full foroe and effeot unless and until terminated under and pursuant to the terms of this Agreement. The failurs of either party to insist upon striot performanoe of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforoe the same, nor shall the waiver of any breaoh of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor '\}I:~,:, \ '. \ ~ ~Qns'trueb. as il. 1oI~ ~ II\!". 11'. ~:.'. '":. 1lU"."."1J::'1a11C'.A ~f.. ,I." ,,"hn'" nhl f"Atlnfl htlrl1in. ,...-..., ..-- /' 25. ~EVERABILtT'i If any term, oondition, olause or provision.of this Agreement shall be determined or deolared to be void or invalid in law or otherwise, then onlY that term, condition, olause or provision shall be strioken from this Agreement and in all other respects this Agreement shall be valid and oontinue in full foroe, effect and operation likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein shall in no way void or alter the remaining obligations of the parties. 26. IJEADINGa li2 fbB1 QF. l>GREEMENT. AnY headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. COUNTERPARTa This Agreement may be executed in counterparts, eaoh of which will be an original and which together shall constitute one and ths same instrument. - ." . .' " , r..., IN WITNESS WHEREOF, the partiss hereto have set their hands and seals the day and year first above written. il~ J:f1 Wltness ~ t.~.1 J em . HeM c asl Sharon E. HcMfChael '.i,;" , . , /"\ r-.. ~ I I '" , I , . SHARON E, MoMICHAEL, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, JEREMY J, MoMICHAEL, DEFENDANT/PETITIONER . . : 94-3440 CIVIL TERM ~ AND NOW, this 6th day of October, 1995, following a hearing, IT IS ORDERED: (1) The petition to hold Sharon E, (McMichael) Riddle In contempt for falling to comply with the custody provisions In a marlta] settlement agreement that was Incorporated Into a final decree In divorce by an order of October 11, 1994, IS DENIED, The mother, however, from this date forward, shall provide the father at least five (6) days notice when she Is not going to exercise her temporary physical custody rights. (2) A petition to hold Sharon E. (McMichael) Riddle In contempt for not carrying medical coverage on the parties' two children 16 DENIED since the children are being covered free In a government program. Should that free coverage oease, the mother shall be responsible, as per the order of October 11, 1994, to either provide health Insurance coverage through an employer's polloy or reimburse the father for such additional cost as may be necessary to add the children to health Insurance coverage through his employer. \ II 0.)11 \" 1'\\\1 \ . \ 70 ..--- .1""\, . I I ... {'\. - ., , (3) Sharon E. (McMichael) Riddle Is adjudicated In contempt for failure to pay regularly $337 per month for the support of her two minor children as per the order of October 11, 1994. The mother shall purge herself of contempt by hereafter timely making such payments together with $50.00 per month on account of arrearages. By the Court; / ,j , I \\.. Sha~n ,,(McMichael) Riddle R. D , Box 97 ))e er, PA 17315 /Plalntiff/Respondent Charles R. Gerow, Esquire For DefendanVPetltloner Domestio Relations Office :saa . TRl1n <:''''It>'! FROM RECORD In I' 'i I;" , " ;, 1', r. . 'In ~lll my hand Gild ihu .,;al ~': ~" ,/ U;Jrl Jt CJriilll1, Pa. lhl. ....,5:!f.... day oL(]d..;.., 19..?'{ '''''''''''''''~>; /l I . 'Rot:;' , . o .....fr(!,o, ,.,CI~ MU.......M.. ol>~ ' Prothon lary .2. 7( ... ." t uUtiE.COURT Qt' COMMON t'LEASD(<, -'..'lll\lDERLAND COUNTY.l'ENNSYL\'ANJA SIIARON E. McMICIIM:I.lltlUnU: PL.AINTIH', VS, ClISTODY f""', 4 .' .. JEItEMY J. McMICIIAEL D[I<'ENnANT, ',' 94.3440 CIVil. 'l'ERM CER1'u:tCATEj}jo~SER\'JCE I, Linda M Gross, Esquire, dll herehy certify that I alll this day servinll a copy of the fDrelloinll Petition upon Jeremy 1. McMichael in the fllllowinllmanner By United States Mail to Jeremy J McMichael 41 Rellency Street Carlisle, IlA 17013 LAW OFFICE OF LINDA M GROSS "'J BY Linda M Attorney, No, 58999 52 South Duke Street York, PA 17401 Tele (717) 852-7232 ~ .. ~ t\- o L1\ '-"-l .< , )00 ~I t:.: '. ;.t ,. .~ Co l4". II Q'" , , :;~ i'; 'I", ,',..' ,-,..t ,,~ ,.,.., C!';>'. ,." ." U ~; ;l!1. '-, ~!i i~~ .a - . .. .. 't i t , . . .of ." "" . . . -:4f ~71r ,(j" ,.. "It'~ " , ',# 'l." I) " . 11 t"" SHARON E. McMICHAEL/RIDDLE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JEREMY J. McMICHAEL, DEFENDANT 94-3440 CIVIL TERM ~ AND NOW, this 17th day of November, 1995, a Rule Is entered against defendant, Jeremy J, McMichael, to show cause why the relief requested should not be granted. Rule returnable by defendant thirty (30) days after service, Plaintiff shall file In this chambers a memorandum with legal authority In support of her position not later than thirty (30) days from this date. The Issue will be decided without a hearing. By the court,;:I// ( JJ/ '=LJvJ Edgar B. Bayley, J. ',y Linda M. Gross, Esquire ~J).; For Plaintiff 1''' ~ Ill' '1\1\~ Charles R. Gerow, Esquire \ /.l For Defendant :saa 7S" \fl .~ =1 ,ro ~r :3 r , 1 c'f'" r-, " , \--''f " " ;'.1 " I" # ,l, " ~ FiLED-DFFICE I"r: n 't: I"'Y)TLlI1~8)T'I:lY \/1 I'. ,I,., ,n......" Iln 96 .IMI 16 PII 31 19 el)"""f' \"- C'QU\ITY IVj.>~: \I..i \u I' P:"\I'~'11/';v!A 1-.111 ,"-'1 ~\f\i , \,J '-" !'"\ ("I. SHARON E. McMICHAEL IN THE COURT OF COMMON PLEAS OF CUMBERU\ND COUNTY, PENNSYLVANIA V, JEREMY J, McMICHAEL 94.3440 CIVIL TERM BAYLEY, J" January 18, 1998:-- On August 22, 1994, Sharon E. (McMichael) Riddle, and Jeremy J. McMichael, the parents of Mark Andrew McMichael, born May 4, 1990 and Zachary James McMichael, born September 17, 1992, entered Into a comprehensive written marital settlement agreement that provlded,InW~: 8(b), Support Qf Minor Cblldren Wife agrees to pay Husband the sum of $337,00 per month, effective September 1, 1994, In support of the parties [sic] minor children, Said payment Includes Wife's share of child care payments. Wife covenants and agrees to continue to provide health Insurance coverage for the minor children through her employers [sic] polley. Should Wife cease to be employed by her current employer for any reason, Wife agrees to continue to provide health care coverage of equal or greater benefit for the minor children through an alternative plan, or, In the alternative Wife agrees to reimburse Husband for such additional costs as may be necessary to add children to coverage through his employer, . . . 18, WA!YE.B QE MQQlE!.QAIlQti IQ e.!; 1M ~ No modification or waiver of any of the terms hereof shall be valid unless In writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, On October 11, 1994, a decree In divorce was entered which Included the following clause: "This agreement of August 22, 1994 Is hereby Incorporated Into the '77 1"""\ t"'. 94-3440 CIVIL TERM Final Divorce Decree," On October 5, 1995, following a hearing on a petition flied by Jeremy J. McMichael, the following order was entered: Sharon E. (McMichael) Riddle Is adjudicated In contempt for failure to pay regularly $337 per month for the support of her two minor children as per the order of October 11, 1994. The mother shall purge herself of contempt by hereafter timely making such payments together with $50.00 per month on account of arrearages, No appeal was taken from that order. On November 16, 1995, Sharon E. (McMichael) Riddle filed a petition for Special Relief, Petitioner reques~ed that the court: direct the Office of Domestic Relations In Cumberland County open a file and set an Order In the amount of $337,00 per month, Simultaneously with this Order, Mother respectfully requests that the Court of Common Pleas of Cumberland County schedule a Modification Hearing for purposes of determining the present and proper amount of child support, Petitioner entered Into a contract with respondent as part of an overall marital settlement agreement to pay $337,00 per month for the support of her two children who are In the custody of respondent. The contract contained a provision that no modification of Its provisions can be made without the agreement of both parties, The Divorce Code, at 23 Pa,C,S, Section 3105, provides: (a) Enforcement...A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged or Incorporated Into the decree, may utilize a remedy or sanction set forth In this part to enforce the agreement to the same extent as though the agreement had been an order of court except as provided to the contrary In the agreement. .2- 78 , ' ~ ,...., 94-3440 CIVIL TERM (b) Certain provIsions subject to modlflcatlon.--A provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances. (c) Certain provisions not subject to modlflcatlon,--In ths absence of a specifIc provision to the contrary appearing In the agreement, a proviSion regarding the disposition of existing property rights and Interests between the parties, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court, (Emphasis added), Reading paragraphs (b) and (c) of Section 3105, it Is arguable that a child support provision In a marital settlement agreement may be modified downward upon a change of circumstances notwithstanding a non-modification clause In the agreement. However, the Superior Court In Nicholson v. Combs, 437 Pa, Super. 334 (1994), has held that a bargained for non-modifiability provision for child support Is enforceable and cannot be modified downward. The Superior Court, however, did not analyze Section 3105 of the Divorce Code In rendering Its decision.' Nevertheless, we are bound by Nicholson, See, Colona v. Pierce, (opinion In support of the order of December 21, 1995, at 432 Support 1994), There Is no authority to force the opening of a support file In the Domestic Relations Office, Even If such a file were opened, the support required to be paid pursuant to the parties' marital settlement agreement cannot be modified downward. Nicholson v. Combs, supra, Accordingly, given the status of this case, we will not schedule a modification hearing, 1. The Supreme Court of Pennsylvania has granted allocatur In Nicholson. -3. I' ti I'"'. 94-3440 CIVIL TERM ~ AND NOW, this ,(, day of January, 1996, the within petition, IS DISMISSED. ~/ By the COU~I/ _. ./I,J Linda M. Gross, Esquire For Plaintiff I Charles Gerow, Esquire For Defendant :saa -4- 80 " r-... ,....... SHARON E. McMICHAEl" Plaintiff I I I NO. 94-3440 civil 1994 I vs. JEREMY J. McMICHAEL, Defendant HESPONDEN'I.', JERt:HY J. HcHICHAEL'S, ANSWER 'ra PE'rITION FOR SPECIAL UELIEI" AND NEW MA'l'TER TO THE HONORABLE, THE JUDGES OF SAID COURT: Respondent, Jeremy J. McMichael, by and through his attorney Charles R. Gerow, Esquire now comes before this Honorable Court respectfully setting forth the following Answwer to Petitioner/Plaintifff Sharon (McMichael) Riddle's Petition for Special Relief and New Matter in the form of an additional Petition for Contempt I 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that Mother fully met her Obligation for support of her minor children prior to her separation from employment. The remainder of this averment is denied becauso it sets forth allegations whioh Defendent, after reasonable investigation, is unable to determine the truth or falsity of. 1/1 q I~ 8/ .""" ",..., 7. Admitted in part, denied in part. It is admitted that this 1I0norable Court ontered an Order finding, inter alia, Mrs. Riddle in contempt for failing to meet her obligation of timely paying child support. The remainder of this averment is, in part, argument to which no response is required. 8. Denied. It is denied that Mother has offered to make timely payments for support of her minor childron through any mechanism. 9. Denied. 10. Denied. The contents of this averment are legal conclusions and argument to which no response is required. 11. Denied. After reasonable investigation, Defendent/Respondent Jeremy J. McMichael is without sufficient knowledge or information to form a belief as to the truth or falsity of this averment. 12. Denied. The contents of this averment are legal conclusions and argument to which no response is required. 13. Denied. After reasonable investigation, Defendent/Respondent Jeremy J. McMichael is without sufficient knowledge or information to form a belief as to the truth or falsity of this averment. :rl I'''~ t""\ 14. Denied. The contents of this averment are legal oonclusions and argument to which no response is required. 15. Admitted. 16. Denied. After reasonable investigation, Defendent/Respondent Jeremy J. McMiohael is without sufficient knowledge or information to form a belief as to the truth or falsity of this averment. 17. Denied. The contents of this averment are legal conclusions and argument to which no response is required. 18. Admitted in part, denied in part. It is admitted that the Marital Settlement Agreement is a oontract which is legally binding on both parties. 'I'he remainder of the averment is denied as the contents of this averment are legal conclusions and argument to which no response is required. 19. Denied. The contents of this averment are legal conclusions and argument to which no response is required. 20. Denied. While Father appreciates Mother's concerns over additional benafite that might be conferred upon him, this averment contains only legal conclusion and argument to which no response is required. ~J """ f"', Acoordingly, Hespondent/Defendent Jeremy J. HcMichael respectfully requests this 1I0norable Court to deny, in its totality, Plaintiff/Petitioner Sharon (McMichael) Riddle's Petition for special Helief and to enter an award for counsel fees to him as provided in the Marital Separation Agreement. HIDi 1fA'l"l'ER ADDITIONAL PETITION lQR CONTEMPT 21. Paragraphs 1 - 20 are incorporated by reference and made a part hereof. 22. On or about October 5, 1995 this Honorable Court entered a learned and correct Order adjudicating Petitioner Sharon (McMichael) Riddle in contempt and ordering her to make timely payments of $337.00 per month plus $50.00 on account of arrearages. 23. This Honorable Court has correctly retained jurisdiction over this matter and has now jurisdiction over it. 24. Since the date of this Honorable Court's clear and correct order, Petitioner Sharon (McMichael) Riddle has made only sporadic and token payments with an aggregate total of $125.00, thus accumulating an additional $1,423.00 in arrearages. ?I'f "......, f""', 25. Petitioner Sharon (McMichael) Riddle has further flatly stated to Respondent Jeremy J. McMichael, and others, that she will steadfastly continue to defy this Court's Order. WHERE~'ORE, Petitioner prays that a Rule be granted on original Petitioner, Sharon (McMichael) Hiddle to show why she should not be held in contempt of court for failure to comply with said order of this Honorable Court and further directing that original Petitioner, Sharon (McMichael) Hiddle pay all counsel fees of original Respondent, Jeremy J. McMichael, in connection with this action as provided for in the Marital separation Agreement. Respectfully submittedl BYl CHARLES R. GEROW 4725 Charles Road Mechanicsburg, PA 17055 717-975-3536 Attorney I.D. #32888 counsel for Petitioner ~lr "--:1.'''''' ---- ,..., VERIFICATION I verify that the statements made in this Petition for contempt are true and correct. I understand that false statements herein are made subjeot to the penalties of 18 Pa. Cons. stat. section 4904 relating to unsworn falsification to authorities. , -Ill.ltlt ~ ?Ju ?/kt/tatl Respondent Datel '.'9.9(" t6 ,""" r.. SIIARON E. McMICHAEL Plaintiff, Respondent vs. I I I I I I I NO. 94-3440 civil 1994 JEREMY J. McMICIIAEL Defendant, Petitioner NOTICE Legal proceedings have been brought against you alleging, among other things, you have willfully disobeyed an order of court for support. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. YOU SHOULD '1'AKE '1'IIIS PAPER TO YOUn LAWYER 1.'1' ONCE. IF YOU 00 NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO '1'0 OR TELEPHONE THE OFFICE SET FonTH BELOW '1'0 FIND ou'r WIIERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland Co. Courthouse Carlisle, PA 17013 (717)-240-6200 . ' . r'" SHARON E. MoMICIIAEL Plaintiff, Rospondent VB. I I I I I . I NO. 94-3440 civil 1994 JEREMY J. McMICHAEL Defendant, potitionor ORDER You, Sharon (McMichael) Riddle, respondont, must appear in person in court on at in Room Cumberland Co. Courthouse. IF YOU 00 NO'!' APIlEAn IN PEnSON, TilE coun'l' MAY ISSUE A WAlUtANT FOR YOUR ARnEST AND YOU MAY DB COMHl'lvl'ED '1'0 JAIL. If the court finds that you have willfully failed to comply with its order for support, you may be found to be in contempt of court and committed to jail, fined or both. DATE OF ORDER. BY THE COURT. Judge ,'"'\ ,-.. . , IN 'mE COUU'l' OF COMMON PLEAS OF CUMBERLAND COUNTY. PBNNSYLVANIA SIIARON E. HCHICIIAEI./RlDDLE PLAINTIFF, VB. CUSTODY JEREMY J. HCHICIIAEI. DEFENDEANT, 94-3440 CIVIL TERM CERTIFICATE Qf SBRVICE I, Charles R. Gerow, Esquire, do hereby certify that I am this day serving a copy of the foregoing Answer and New Matter upon Linda M. Gross/ Esquire, in the following manner: By United States Mail, postage pre-paid tOI Linda M. 52 South York, PA Gross, Esquire Duke Street 17401 ~ If,IQ1t BYo ~ I CHARLES R. GEROW 4725 Charles Road Mechanicsburg, PA 17055 717-975-3536 Attorney 1.0. #32888 Counsel for Petitioner If'l . ,,..,\ . l fA. 'N TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI,V ANIA SHARON E. McMICHAEL PLAINTIFF, VS. JEREMY J. McMICHAEL DEFENDANT, I NO. 94-3440 CIVIL TERM I I I NOTICE OF APPEAL Notice is hereby given that Sharon E. McMichael, Plaintiff above named, hereby appeals the Order of Court ofthe Court of Common Pleas of Cumberland County, Pennsylvania to the Superior Court of Pennsylvania entered in this matter on the 16th day of January, 1996. This Order (attached to this notice) has been entered in the docket as evinced by the attached copy of the docket entry. " qtJ ~ J~""" "... ,..... SHARON E. MoMICHAEL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . V. JEREMY J. MoMICHAEL . , : 94-3440 CIVIL TERM ~ AND NOW, this I to day of January, 1996, the within petition, 18 DISMISSED. ./ LIP~M. Gross, Esquire ...For Plaintiff / Charles Gerow, Esquire For Defendant :saa " o SHARON E. McMICHAEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMY J. McMICHAEL 94-3440 CIVIL TERM QfllilQ.N AND 08.DER OF COURt BAYLEY, J., January 16, 1996:-- . On August 22, 1994, Sharon E. (McMichael) Riddle, and Jeremy J. McMichael, the parents of Mark Andrew McMichael, born May 4, 1990 and Zachary James McMIchael, born September 17, 1992, entered Into a comprehensive written marital settlement agreement that provided, Inter g)ill: 8(b}. Support ill Minor Children Wife agrees to pay Husband the sum of $337.00 per month, effective September 1, 1994, In support of the parties [sic] minor children. Said payment Includes Wife's share of child care payments. Wife covenants and agrees to continue to provide health Insurance coverage for the mInor children through her employers [slo] polloy. Should Wife cease to be employed by her current employer for any reason, Wife agrees to continue to provide health care coverage of equal or greater benefit for the minor children through an alternative plan, or, In the alternativE. Wife agrees to reimburse Husband for such additional costs as may be necessary to add children to coverage through his employer. . . . 18. WAIVl;B OF MODIFICATJ.QN TO m; ill Yi8.lII.t:ill No modification or waiver of any of the terms hereof shall be valid unless In writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. On October 11, 1994, a decree In divorce was entered which Included the following clause: "This agreement of August 22, 1994 Is hereby Incorporated Into the 12- . ,r, (\ 94-3440 CIVIL TERM Final Divorce Decree." On October 5, 1995, following a hearing on a pelltlon flied by Jeremy J. McMichael, the following order was entered: Sharon E. (McMichael) Riddle Is adjudicated In contempt for failure to pay regularly $337 per month for the support of her two minor chlldre;, as per the order of October 11, 1994. The mother shall purge herself of contempt by hereafter timely making such payments together with $50.00 per month on account of arrearages. No appeal was taken from that order. On November 16, 1995, Sharon E. (McMichael) Riddle flied a petition for Special Relief. Petitioner requested that the court: direct the Office of Domestic Relations In Cumberland County open a file and set an Order In the amount of $337.00 per month. Simultaneously with this Order, Mother respectfully requests that the Court of Common Pleas of Cumberland County schedule a Modification Hearing for purposes of determining the present and proper amount of child support. Petitioner entered Into a contract with respondent as part of an overall marital settlement agreement to pay $337.00 per month for the support of her two children who are In the custody of respondent. The contract contained a provision that no modification of Its provisions can be made without the agreement of both parties. The Divorce Code, at 23 Pa,C.S. Section 3105, provides: (a) Enforcement...A party to an agreement regarding matters within the Jurisdiction of the court under thIs part, whether or not the agreement has been merged or Incorporated Into the decree, may utilize a remedy or sanction set forth In this part to enforce the agreement to the same extent as though the agreement had been an order of court except as provided to the contrary In the agreement. -2. 13 ," r-- 94-3440 CIVIL TERM (b) Certain provisions subject to modlllcatlon...A provision 01 an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing 01 changed circumstances. (c) Certain provisions not SUbJect to modlflcatlon...ln the absence of a specific provision to the contrary appearing In the agreement, a provision regarding the disposition 01 existing property rights and interests between the parties, alimony, alimony pendente lite, counsel lees or expenses shall not be subject to modification by the court, (Emphasis added). Reading paragraphs (b) and (c) 01 Section 3105, It Is arguable that a child support provision In a marital settlement agreement -may be modified downward upon a change 01 circumstances notwithstanding a non.modlflcation clause In the agreement. However, the Superior Court in Nicholson v. Combs, 437 Pa. Super. 334 (1994), has held that a bargained lor non-modifiability provision lor child support Is enforceable and cannot be modified downward. The Superior Court, however, did not analyze Section 3105 of the Divorce Code In rendering Its decision.' Nevertheless, we are bound by Nicholson. See, Colona v. Pierce, (opinion In support of the order 01 December 21, 1995, at 432 Support 1994). There is no authority to lorce the opening of a support file In the Domestic Relations Office, Even If such a file were opened, the support required to be paid pursuant to the parties' marital settlement agreement cannot be modified downward, Nloholson v, Combs, supra. Accordingly, given the status of this case, we will not schedule a modification hearing, 1. The Supreme Court 01 Pennsylvania has granted allocatur in Nloholson. .3. . 94-3440 CIVIL TERM ,"'. ('*"I ~ AND NOW, this I (, day of January, 1996, the within petition, IS DISMISSED. Linda M. Gross, Esquire For Plaintiff Charles Gerow, Esquire For Defendant :saa .4- r'> . IN TilE COURT OF COMMON PUAS OF CUMBERLAND COlltITY. I'ENNS\'LV ANIA SHARON E. McMICHAEL PLAINTIFF, : NO. 94.3440 CIVIL TERM VS. JEREMY J. McMICllAEL DEFENDANT, CERTIFICATE OF SERVICE I. Linda M. Gross, Esquire, do hereby certifY that I am this day serving a copy of the foregoing Appeal upon Charles R. Gerow, Esquire and the Honorable Edgar B. Bayley In the following manner: By United States Mail to: Charles R. Gerow, Esquire 4725 Charles Road Mechanicsburll, PA 17055 and The Honorable Edgar B. Bayley Cumberland County COUl1house 1 Courthouse Square Carlisle, P A 17013 LAW OFF 1 E OF LINDA M. GROSS \ BY~ Linda M. Gro Attorney 1.0. o. 8 52 South Duke reet York, PA 1740 Tele: (717) 852.7232 PYS510 1994-03440 Cumborll 'd County Prothonotary's O~ce Page I Iii CaRO Inquiry l:OMP!.AIN1' - DIVORCE riled......... 6/24/94 2114 Judge Assignedl Judgment I BAYLEY EDGAH n .00 superior Co Execution Date sat/Dis/Gotd. . Jury Trial. . . . 0/00/00 10/11/94 ..........,....................,.,..."..........,..,........................... General Index Attorney Info MCMICHAEL SHARON E PLAINTIfF CALKIN JUDITH A MCMICIlAEL JEREMY J DEfENDANT GEROW CHARLES R ".",..,."."......,."",.".""""",..,..,.....................,."..,.,. , Date Entries ' .,.,...,.",.".,...,.".".""""""""".."""...,..........."..,."... 06/24/94 COMPLAINT - DIVORCE 10/03/94 PRAECIPE TO TRANSMIT RECORD ACCEPTANCE OF SERVICE AFFIDAVIT OF CONSENT - PLAINTIFF AFFIDAVIT OF CONSENT - DEFENDAN'I' AGREEMENT DIVORCE DECREE ENTERED BY JUDGE EDGAR B BAYLEY PETITION FOR CONTEMPT ORDER OF ~OURT - IN RE PETITION FOR CONTEMPT - RULE RETURNABLE AT HEARING 9 2~/95 2130 PM CR 2 - BY JUDGE EDGAR B BAYLEY - COPIES MAILED 8/ 2 95 ORDER OF CO RT - DATED 10/5/95 - IN RE PETITION FOR CONTEMPT - DENIED (SEE ORDERl -BY EDGAR B BAYLEY J - COPIES MAILED 10/6/95 PETITION FOR SPEC AL RELIEf ORDER OF COURT - DATED 11/17/95 - IN RE PETITION FOR SPECIAl. RELIEF RULE TO SHOW CAUSE ISSUED AGAINST DEFENDANT RETURNABLE 30 DAYS AFTER SERVICE - BY EDGAR B BAYLEY J - COPIES MAILED 11/17/95 01/16/96 ORDER OF COURT 1/16/96 EDGAR B BAYLEY JUDGE OPINION TilE WITIIIN PETITION IS DISMISSED COPIES MAILED 1/17/96 01/19/96 RESPONDENT JEREMY J MCMICIlAEL'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NEW MATTER ....,......................,...",..."..........,.............................. . Escrow Information · . Fees & Debits Beo Bal Pvmts/Adi End Bal · "............,............,...,....."..,......,...........................,... Ag~Ma~ 08/22/95 10/05/95 11/13/95 11/17/95 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 125.00 125.00 .00 10.00 10.00 .00 5.00 5.00 .00 ------------------------ ------------ 180.50 180.50 .00 "..,.......................................................................,... . End of Case Information · .,...,....,.................................................................,... DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DIV VA SURCHG JCP FEE ~ If') 1- f "-I ("II 00 ~ 1: '.. -~ ',- . J. (y~ "/ (, '"'I:. .J .' ., . . ~ I. .. . -'. " ~ "~S ! II (:,.'; ( ,. " \". ' I..," .., .... l-r" ., (~, " . w/ " ~ ( ,r ('J i ~', : 1\1 G;!' . . lid ~ "'. , I ., I' I"';' : ~ 1 l) (I', l. I .. ., j \o.J .NDA M. GROSS Attorney at Law f,2 s, Dukp StlllPI York.I'A Il,\OI . . ~ . . I/.~!;!lf ~ ,--- r Superi~~ Court of Pennsylvania Office of the Prothonotary 434 Main Capitol BUilding P.O. Box 9300 Harrisburg, Pennsylvania 1710B (717) 772-1294 February 6, 1996 Notice of Appeal D,)cketing Superior Court Docket No. Assigned OOOB4HBG96 ,,' ',/ TtM tfl/- 3 L/YO l..H~ . I-'-' PROTHONOTARY Cumberland COUNTY Cumberland Cty. Courthouse Carlisle, Pa 17013 REI Mcmichael, S V Mcmichael, J You are hereby advised that the attached docket information has been entered into the superior court rscords in a case in which you appear as an officer of the court. Please review this information carefully and notify this office immediately if you believe correction(s) are in order. Thank you. David A. Szewczak Prothonotary ... - '- f'; ... 1- ~ . 1.,- o. ~ . ~ . . IU!.~ t>, . , l ., ~ . ..\ . I': '-'f I :\' '.. r. I r" IJ_" I , , . I , C. I I I.. O. ,'l , 0 9i ..... " ,/." 02/06/96 1500 SUPERIOH COURT OF PENNSYLVANIA OFFICIAL DOCKET DOCKET U 000B4HBG96 FULL CAPTION DOlT SHARON E MCMICHAEL V 002E JEREMY J MCMICHAEL COUNSEL 56999 LINDA M GROSS 52 SOUTH DUKE STREET YORK, PA 17401 32666 CHARLES R GEROW 4725 CHARLES ROAD MECHANICSBURG, PA 17055 CONSOLIDATED DOCKET NUMBER BACKGROUND DATA TRIAL COURT RECORDS CATEGORY: COURT NAME: COUNTY: JUDICIAL DISTRICT: CASE TYPE/CHARGE: TRIAL COURT CHARGES: JUDGE (S) : DISPOSITION TYPE: DISPOSITION DATE: APPEAL FILE DATE: DISPOSITION ENTERED: TRIAL CRT DOCKET NO. : OFFENSE TRACKING NO. : CV CIVIL CUMBERLAND 09 DIVORCE BAYLEY, E ORDER 01/16/96 01/25/96 94-3440 CIVIL TERM STATUS INFORMATION 02/20/96 DOCKETING STATEMENT DUE 03/05/96 LOWER COURT RECORD DUE DOCKET ENTRIES 02/06/96 NOTICE OF APPEAL 02/06/96 DOCKETING STATEMENT EXITED T=APPELLANT E=APPELLEE *aCOURT APPOINTED r. TITLE FOR MAIL DOlT Y 717-652-7232 002E Y 717-975-3536 FOR 001T 001T 10 (J - '- '.. ~. V. i.'~ .- -' .- i.~ .. :' .t:" , , l,\ , l :l \11. .~.... ". . (.\, . . ,,:j " . .' I" ~" . '-I . .. l)i \- ,,' -, ~ j~~ 1"1 Ii:'. I l'~ I; ""1 ('" Itn"'J Ll:" t.:, ,~H.. I ~:'i t'. ,n .:.1 (} ,.;;' U ""'" .. . , """. r ("", SHARON B. MoMICHA~L/RIDDLB, I IN THB COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I I JEREMY J. MoMICHAEL, I Defendant I 94-3440 CIVIL TERM IN REI TRANSCRIPT OF PROCEEDINGS Prooeedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland county Courthouse, carlisle, Pennsylvania, Courtroom No. Two, September 28, 1995. APPEARANCES I SHARON MoMICHAEL, Pro Se CHARLES GEROW, ESQUIRE For Defendant 10 ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -- , 0. September 28, 1995 Carlisle, Pennsylvania (Whereupon, the following proceedings were held at 213B p.m.) THE COURT I This is a petition to hold her in contempt for what, violating the terms and conditions of a separation agreement? MR. GEROW: Yes, Your Honor, which was made part of the final decree in divorce with this Court's signature in October of 1994. THE COURT: All right. And the allegations are what, that she hasn't done what? MR. GEROW: That she has failed to make regular payments, the arrearages being greater than the aotual payments made over the course of the past year; that she has failed to maintain medical coverage for the children, and she has failed to comply with the terms and conditions of the visitation schedule. THE COURTI What are the payments due? MR. GEROWI The payments, Your Honor, are 337 per month. THE COURT: MR. GEROW: THE COURT: For how many children? For two. That he has? 2 r. r 1 MR. GEROW I Yel, Your Honor. 2 THE COURT. How old? 3 MR. GEROW. Three and five, Your Honor. 4 THE COURT. Okay. And she's obligated to 5 provide medical ooverage under the agreement? 6 MR. GEROW I Yes, Your Honor. 7 THE COURT I And the visitation schedule i8? 8 MR. GEROW I The visitation schedule, as set 9 forth in the agreement, calls for the wife to have 10 visitation with the children every other weekend plus on 11 Tuesdays. The couples apparently have reached some sort of 12 amicable reeolution as to the Tuesdays, but the provisions 13 relating to the weekends are etill in full force and effect. 14 He is saying she is not -- 15 THE COUHTI He wants to hold her in contempt 16 for not exercising her right to visitation? 17 MR. GEROWI That's right. She has not been 18 seeing the children on Tuesdays. 19 THE COURT I She is not seeing the children at 20 all? 21 MR. GEROW I sporadioally. 22 THE COURT I Okay. How old are you, sir? 23 MR. McMICIIAELI Twenty-five. 24 THE COURT. And you, ma'am? 2!l MR. McMICIIAELI Twenty-five. J .. J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,.-. " EXAMINATION OF SHARON McMICHAEL BY THE COURT: Q A Q A Q or do you? A No, I do not have any for the children. Q You do not. Are you employed? A Well, that's the problem. I lost my job, that's why I could not pay, and do not have medical coverage for them. I don't have medical coverage for myself. Q Where were you working? A Capital Blue Cross. Q What did you do for them? A Administrative assistant. Q When were you hired? A March of '91. Q And when did you lose the job? A November of '94. Q Why did you lose it? A They say that I breached confidentiality You are representing yourself? Yes, I am. Do you admit you are behind on your payments? Yes, I am. You have no medical coverage for the children issues. Q You were fired? 4 , ,I J r\ (\ 1 A Yes, I was. 2 Q Ballpark, what we~e you earning there? 3 A $16,000.00 a year. 4 Q Have you had any employment since you lost 5 the job in November of 19941 6 A Yes. Shortly after that I got part-time 7 employment where I couldn't see the children on weekends 8 because I worked. 9 Q okay. Hold on. Let me get this down. And 10 where was that? I'm sorry? 11 A The part-time employment? Builders Square. 12 Q And what did you do for them? 13 A I was a cashier. 14 Q And you worked weekends? 15 A Yes. 16 Q And when how long after you lost your jOb 17 did you get that part-time job? 18 A About five weeks. 19 Q What were you earning there? 20 A $5.00 an hour. 21 Q How many hours a week? 22 A 5 to 20. 23 Q And have you since changed jobs? 24 A In Maroh I obtained an executive secretary 25 position. 5 /OS- , .. J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ .- a And where is that? A That was at Hereon (phonetic) Laboratories. a Full-time? A Yes. a Do you still have that job? A No, I do not. a You lost it when? A June. a Why? A I don't know. I was just told after my 90 days probation not to return the next day. a Were you on a 90-day probationary period? A Yes, I was. o Were you fired or just not retained after 90-day probationary period? A I was fired. o You were not told why? A No. o Why do you think you were fired? A I don't know. o Nc idea? A (NEGATIVE RESPONSE) o Did you make any inquiries as to why you were? A No. 6 (\. (\ 1 Q Have you had employment sinoe? 2 A No. Right now I am cOllecting unemployment 3 oompensation, which will run out in approximately three 4 weeks. 5 Q How much? 6 A $188.00 a week. 7 Q And how much -- in three weeks how much bulk 8 payment -- how many weeko total would you have gotten that? 9 A Well, I started to claim unemployment after I 10 left Capital Blue cross, so I had been claiming on and off 11 almost a year because my claim was still open. I just 12 Q Essentially have you been paid the $188.00 13 psr week since you lost your job in June of 1995? 14 A Yes, since I left in June of '95. 15 Q Are you looking for work? 16 A Recently I became a licensed real estate 17 agent, which I have not made any money off of. 18 Q You are a licensed real estate agent? 19 A Yes, I am. 20 Q Are you looking to stay in that field? 21 A Yes, I am. 22 Q And you work for whom? 23 A Caldwell Banker. Bob Yost. 24 Q You've secured that position with Caldwell? 25 A Yes. I am an independent agent. I am 7 107 . ' (\ r' 1 ..If-employed but I do have a oontraot to work with them as 2 an independent agent. 3 Q That's what you are going to do? 4 A I'm sorry. 5 Q Have you started? 6 A Yes, I have. 7 Q Have you earned anything? 8 A No. g Q Are you due some commissions? 10 A I'm sorry? 11 Q Are you due some commissions? 12 A No. I've just been licensed about a month. 13 Q What are the terms of your employment? 14 commission only? 15 A Yes. 16 Q Or do you have anything else? Do you have an 17 advance or anything like that? 18 A No. ID Q commission only? 20 A Yes. 21 Q What do you antioipate being able to earn at 22 this? 23 A I really don't know. 24 Q You are not looking for other gainful 25 employment with a steady wage? 8 108 () r , III I' " 1 A My oontract with Caldwell Banker states I 2 must be a fUll-time agent. 3 EXAMINATION OF JEREMY McMICHAEL 4 BY THE COURT I Q A Q A Q A Q A 13 EXAMINATION OF SHARON McMICHAEL 14 BY THE COURT I 15 single? Married. Q 16 A 17 When were you married? October 14th, 1994. Is this your husband with you? Q 18 19 A Q 20 21 Yes, he is. A Q Anybody live in the home with you other than 22 your husband? 23 24 A No. Q A Is he employed? Yes, he is. 25 9 /or r-. r . . . 1 2 Q A What does he do? 3 Q He's a remodeling contraotor. What's his ballpark annual income? $19,000.00. Do you support any children? Yes, I do. 4 A 5 Q A 6 7 8 9 Q How many? A Four. Q Court order? 10 A Yes. 11 How much? Q A $79.00 for two of them, 34 for one of them, 12 13 and the other one is not a Court order. 14 Q How much do you pay for that one? Whenever she asks for it. It's just -- we 15 A 16 help support her just cash-wise. 17 None of these children live with the two of Q 18 you? 19 20 A No. Q Did you ever have -- I haven't looked at this 21 marital settlement. Was it a provision that you would oarry 22 the medicals for these children? 23 Through my children. That was at the time you worked -- Capital Blue Cross. A 24 25 Q A 10 /10 I fl , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r r Q since you left capital Blue Cross, have you .ince had the insurance? A No. EXAMINATION OF JEREMY McMICHAEL BY THE COURT I Q A Union. Q A Q A Q A paragraph? Paragraph B. of Section 8. Where do you work, sir? I work for Members First Federal credit What do you do for them? I'm the assistant manager of the branoh. Ballpark income. Twenty-two one a year. Twenty-two? TWenty-two thousand one hundred a year. THE COURT I What paragraph is that medical MR. GEROW I May it please the Court, it's It's sub-paragraph B, excuse me, Your Honor, section 8, a custody support of minor children. The language reads, Your Honor, Wife covenants and agrees to provide health insurance coverage for the minor children through her employer's policy. Wife agrees to oontinue to provide health care coverage of equal or greater benefit for the minor children through an 11 III r\ 0. 1 alternative plan or, in the alternative, wife agrees to 2 reimburse husband for such additional costs as may be 3 neoessary to add coverage through his employer. 4 THE COURT I AU right. 5 EXAMINATION OF SHARON McMICHAEL 6 BY THE COURT I 7 Q Now, since you stopped working that weekend 8 job for that, in which you weren't seeing your children, how 9 often have you been seeing the children since then? 10 A I see them every other weekend unless it's 11 physically not possible. One weekend I was in the hospital 12 and it was not possible. 13 Q When you say every other weekend, do you get 14 them overnight or during the day or what? 15 A I get them at least overnight. Friday night 16 through Saturday or through Sunday. 17 Q Have you been seeing them on the Tuesdays? 18 A No. I live in York. I live an hour away 19 from them. When I worked at Capital Blue Cross it was -- I 20 could drive by the baby-sitter's and pick them up. Since 21 then I thought it was mutually agreed, since I wasn't 22 travelling in that area anymore, that that part of the 23 visitation was okay. 24 TilE COURT I Is the problem, one of the 25 problems, with the visitation that she's scheduled to see 12 II~ 00 . ,"'"', o 1 them and doesn't show up? 2 MR. GEROW: Exaotly, Your Honor. He has 3 become a oonvenient baby-sitting service, Your Honor. 4 THE COURT: Do you have any money to make any 5 payments on account of the arrearages you owe under the 6 support arrangement? 7 MRS. McMICHAEL: No. I have paid him svery 8 other week what I can pay him. 9 THE COURT I Has there been some steady 10 payment every other -- 11 MR. GEROWI He gets at least $30.00 every 12 other week. 13 THE COURT: Is that correct, sir? 14 MR. GEROW: Your Honor, my client has kept a 15 pretty good log, if the Court would like to look at it. 16 THE COURT: No, I just want to know if it's 17 correct. 18 MR. McMICHAEL: I would say that that 19 statement isn't totally correct. 20 THE COURT I Go through -- do you have a log 21 that says the amount she's made to you starting today and 22 backwards? 23 MR. McMICHAEL I Yes. 24 THE COURTI okay. Just give me the last 5 or 25 10 of them, and that will let me know what it's like. 13 113 ("'., (""\, . " , 1 MR. McMICHAEL I May 11th, '95 received 2 $30.00. 3 THE COURT I Was that the last time? 4 MR. McMICHAEL I You want me to go back from 5 the present to 6 THE COURT I From today. 7 MR. McMICHAEL I Last I received, september 8 20th for $25.00, september 13th for $40.00, september 1st 9 for $40.00, August 22nd $30.00, July 6th $30.00, June 22nd 10 $30.00, June 7th $30.00, May 28th $50.00, May 24th $50.00, 11 May 17th $35.00, May 11th $30.00, April 25th $30.00. 12 THE COURT I Okay. That gives me an idea. 13 Are the children now covered by any medical insurance? 14 MR. GEROWI Yes, Your Honor. 15 THE COURT I okay. I will do the same. I do 16 these oontempt things, especially in the last few monthe, 17 informally as you can tell. I have found that's the easiest 18 way to do it, I should say. Are the children covered by 19 medical insurance? 20 MR. McMICHAEL I Yes, they are. 21 THE COURT I You cover them? 22 MR. McMICHAELI What I have done -- 23 THE COURT I I shOUld ask you a better 24 question I How are they covered? 25 MR. McMICHAEL I They are covered under the 14 (', r , ,I I 1 Blue Chip Program ot Pennsylvania. I am under a certain 2 income limit so I can get the coverage tor tree because I 3 can't attord it under the ciroumstanoes. 4 THE COURT I And it is tree or isn't it? !S HR. GEROW I I'm sorry, Your Honor. 6 THE COURT I Is it free? 7 HR. GEROW I Yes, it is, Your Honor, at this II time. 9 THE COURT I Does that coverage -- is it equal 10 in scope to the type of coverage that your wife had? 11 HR. GEROW I I feel that it is, Your Honor. 12 THE COURTI That's a good program. And 13 that -- that's dependent on finanoial status of both 14 parents? 15 HR. HcMICHAELI Just me. 16 HR. GEROW I Custodian parent. There is a 17 concern, obviously, at this point that he is on the cusp. 18 THE COURTI Are you close? 19 MR. McHICHAELI Yes, I am. 20 THE COURTI How close? 21 HR. HcHICHAELI About $600.00. 22 THE cOURTI It's a heck of a thing not to 23 want to make any more money. 24 MR. GEROWI It's extremely close, Your Honor, 25 not worth the difference. 15 /I,) '1 " . (\ HR GEROWI THE COURT I of some property? HR. GEROWI THE COURT I off or sold? MR. GEROW: THE COURT: HR. GEROW: r 16 II~ " I I . (".. f""' MRS. McMICHAEL: Yes, I do. THE COURTI Okay. Is there a mortgage on the home now? MR. GEROW I Yes. It's a mobile home, Your Honor. I guess it's still considered a mortgage loan. THE COURT: Okay. Now, am I -- I want to be 1 2 3 4 5 6 7 sure I am correct with what you told me. It's your intent 8 at the moment to work full-time selling real estate? 9 MRS. McMICHAEL I Yes. 10 THE cOUnTI On a commission-only basis? 11 MRS. McMICHAEL I Yes. 12 THE COURTI If this works out like you hope 13 it works out, and you would think it might work out, which 14 is based upon your taking the jOb, what do you believe you 15 will earn? 16 MRS. McMICHAEL: The average salary is 17 $16,000.00 to start. 18 THE COURT: And that, looking at my notes, 19 was about what you were earning when you entered into the 20 marital ssttlement agreement regarding support, which at the 21 time I did agree, I felt it was excessive -- 22 MRS. McMICIlAEL: And he knows that. 23 THE COURT: But you signed it. 24 MRS. McMICHAEL I I signed it because he 25 wouldn't go to Domestic Relations. 17 " It..... ("'. r' 1 THE COURT I Don't tell me why you signed it. 2 It's signed and that takes care ot that. Now, are you now 3 in a position to regularly exercise the custody arrangements 4 you have? 5 MRS. McMICHAEL I Yes, I am. 6 THE COURT I And are you now in a position 7 to -- well, let's not -- I don't want to tool with the 8 medical stuff for now. Counsel, what are you looking for in 9 an order? 10 MR. GEROWI Your Honor, I think we would be 11 looking for payments now to be made through the Domestic 12 Relations office rather than directly to my client so there 13 is an accountability for attachment of any and all wages and 14 for a dramatic increase in the account. The arrearage now 15 exceeds the amounts actually paid on this agreement for the 16 past year. Further, that the Court make clear that the 17 terms and obligations -- 18 THE COURT I Of course, there is no money to 19 do that right now. Right? 20 MRS. McMICHAEL I (NO AUDIBLE RESPONSE) 21 THE COURT I I can transfer it to D.R.O. and I 22 can require payments. We can attach wages, that's 23 reasonable. But as far as payments on arrearages at the 24 moment-- 25 18 II~ I"". r" , ., . 1 MR. GEROW: At such time there is attachment. 2 W. would just ask for that. 3 THE COURT: Did you just get your real estate 4 lioense? Did you study for it and just get it? 5 MRS. McMICHAEL: (POSITIVE INDICATION) 6 THE COURT: She doesn't plan to sit at home 7 and do nothing, that is to her credit. Although it will 8 develop 16 -- unless you are lucky -- luck in real estate 9 business also depends on a lot of hard work -- you'll be 10 luoky to make 16 grand your first year. You never know. 11 You know something about the real estate business, Mr. 12 Gerow. 13 You are looking for attachment, payment on 14 arrearages, attachment of wages, payment of the order. You 15 are looking -- at least you are hoping -- well, I'll enter 16 an order. I think I can solve the difficulty regarding the 17 custody by entering an order requiring her to get advance 18 notice if she is not going to exercise the scheduled 19 visitation, that will solve the disability in that. What 20 kind of advance notice do you think she should give? 21 MR. GEROW: Your Honor, and that it be more 22 than just the mere convenience of the moment. Mr. McMichael 23 has kept a log for a year detailing a rather unusual pattern 24 of behavior where it was not the fact that I had to work or 25 I had to do this, but it was the convenience of the moment. 19 / /1 .. .. .. ("\ r- 1 He wae used as a tree baby-sitting servioe. It is patently 2 untair. He needs a life as well. He has shared joint 3 oustody in this agreement, which frankly, if we had known 4 then what we now know, we might not have entered into. 5 MRS. McMICHAEL I I have never not shown up. 6 THE COURTI What kind of advance notice do 7 you think you need? Reasonable. 8 MR. GEROW: Your Honor, she -- it is true she 9 gives advance notice. It happens to be maybe two days 10 beforehand. 11 THE COURT: I am asking you what type of 12 advance notice you need. 13 MR. McMICHAEL I One week. So I can make 14 arrangements, if necessary. 15 THE COURT I Anything else you feel I need to 16 know? 17 MR. GEROW: I don't think so, Your Honor. 18 THE COURTI Fine. Do we have a good mailing 19 address on you? That is R.D. 21 Dover. 20 MRS. McMICHAEL: Box 97. 21 THE COURT: 17315? 22 MRS. McMICHAEL I Yes. 23 THE COURTI Okay. I'll enter an appropriate 24 order. I will send it out, and I expect it to be complied 25 with. Court's adjourned. 20 /2-0 .. . ,,"..'-4 f\ f'" CERTIFICATE I hereby certify that the prooeedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transoript of the same. 6' ... ,-.. L rraine K. Troutman Offioial Court Reporter . . . The foregoing record of the proceedings on the hearing of the within matter is hereby approved and direoted to be filed. ./ .1J~ I '1' Date , 22 c:' Pin') ';1" I r;:j.:Ct ,. ; -PI' f'r f" ~'~ f'.-., J(1 1.'<1 '''''1'1 " i i I 1~. . '\1 .. . ., 'C{ CI'. .' .". >.iH :,,~; ;':l, '.", ',",:. .j h.,llh..}ji."--I~-' c- .. . . <.- "wi ...,; J.A52014.96 SHARON E. McMICHAEL Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA VS. JEREMY J. McMICHAEL NO. 00084 HBO 96 Appeal from the ORDER January 16, 1996 In the Court of Common Pleas of CUMBERLAND CQunty CIVIL NO. 94-3440 CIVIL TERM JUDOIIBNr ON aJNDJI{&ftION wmrvoF. it is now htre ordered and 04/udged by this Court that Iht judgmt/ll oJ tht Court oJ Common Pltos oJ Cumberland CoU1llY be. and Iht lame U ht~by Affirmed. ~; "I .. j . I , Ill' . ('" t If F. l, ~ : b\ .1 (. fl. \ -. mE COURT: I ! . BY ... IJ ,.. ., U lJ' (.J Dtutd: October 3. 1997 J.A52014.96 SHARON E. McMICHAEL Appellant IN TilE SUPERIOR COURT OF PENNSYLVANIA vs. JEREMY J. McMICHAEL NO. 00084 HBG 96 Appeal from the ORDER January 16, 1996 In the Court of Common Pleas of CUMBERLAND County CIVIL NO. 94-3440 CIVIL TERM BEFORE: HUDOCK, SAYLOR, HOFFMAN, JJ. OPINION BY HOFFMAN, J.: F I LED OCT 3 1997 This is an appeal from an order entered on January 16, 1996, dismissing appellant sharon (McMichael) Riddle's petition to modify a child support agreement. Appellant presents the following issues for our reviewl 1. Did the trial court abuse its discretion by failing to schedule a hearing on [appellant's] request for a modification of the child support provision of the marital settlement agreement pursuant to 23 Pa. C.S. Section 3105(8)? 2. Did the trial court abuse its discretion by entering an order which acted to discriminate against [appellant] by treating her differently and denying her the same rights as other child support obligers in violation of the Due Process Clause of the 14 th Amendment to the United States Constitution? 3. Did the trial court abuse its discretion by failing to apply the rules, statutes, policies and procedures used by the Domestic Relations office and by failing to refer the matter to the Domestic Relations office, wasting precious court time which offends public policy and is not in keeping with the concept of judicial economy? Appellant's Brief at 9. 1 J. A52014 .96 Appellant mother, sharon (McMichael) Riddle, appellee father, Jeremy J. McMichael, are the parents of Mark Andrew McMichael, born May 4, 1990, and Zachary James McMichael, born September 17, 1992. On August 22, 1994, the parties entered into a written marital agreement in which appellant agreed to pay appellee $337.00 per month in child support. Furthermore, the agreement provided that: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any subsequent default of the same or similar nature. Trial Court Order 1/16/96. On October 11, 1994, a decree in divorce was entered which incorporated the August 22, 1994 . agreement. Appellant mother subsequently filed a petition to decrease her child support agreement, which the trial court denied. This timely appeal followed. Initially, we note that a child support order will be overturned only where it is found that the trial court abused its discretion either by a misapplication of the law or an unreasonable exercise in judgment. Schneidemantle v. Senka, 371 Pa. Super. 500, 536 A.2d 552 (1966). Appellant claims that the trial court erred in denying her petition and determining that the child support agreement could not be modified downward. The statute governing the effect of a divorce agreement between parties provides in pertinent part: (A) ENFORCEME~r.-A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged or incorporated into 2 and J.A52014.96 the decree, may utilize a remedy or eanction set forth in this part to enforce the agreement to the same extent as though the agreement had been an order of the court except as provided to the contrary in the agreement. (b) Certain proviaions uubject to modification. -A provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances. 23 Pa. C.S. !i 3105(a), (b) (effective Dec 19, 1990, replacing former Rule 401.1).1 Thie Court has stated, however, that with regard to the reduction of child support provided for in an agreement between parties, [A] support provision in [an] agreement constitutes the level below which support may not be modified. Courts have general authority to modify their own support orders based upon changed circumstances. However, thitl does not permit modification below the level of support Bet forth in the agreement of the parties where the court has incorporated that agreement as part of its support order. The support obligation set forth in the agreement is an independent financial obligation between the parties. Support may be modified upward based on the unavoidable obligation which a parent owes to meet the reasonable needs of a dependent child, llli.t. this rationale doee not extend to downward 1 Appellant also argues that she is entitled to relief pursuant to Pa. R.C.P. 1910.16 et ~, governing the application of support guidelines. However, in her statement of questions, appellant cites only 23 Pa. C.S. !i 3105 in support of her claim. See Pa. R.A.P. 2116 (a) (no point will be considered which is not set forth in the statement of questions involved). Furthermore, appellant's petition to reduce support was based on section 3105. Moreover, we note that Rule 1910.16 appliee to actions in support where a trial court has entered a support order and a party subsequently requests recomputation of the support award. Here, appellant did not file an action in support but rather an action to modify the parties' agreement. See Klahold v. Kroh, 437 Pa. Super. 150, 649 A.2d 701 (1994) (Rule 1910.16 et ~ applies to cases where an initial support order has already been entered by the court and a party now seeks to have the support obligation recomputated) . 3 J.A52014.96 modification of the level of support set forth in parties' aqreement once the court has adopted their agreement. Nicholson v. Combs, 437 Pa. Super. 334, 342, 650 A.2d 55, 59 (1994)2 (citations omitted) (emphasis added) .3 Accord Millstein v. Millstein, 311 Pa. Super. 495, 457 A.2d 1291 (1983) (a separation agreement will not preclude a court from increasinq a parent's child support obligation beyond the amount provided in the agreement, but the agreement may preclude a parent from decreasing his or her child support obligation to an amount Ieee than the amount provided in the agreement); Guerin v. Guerin, 296 Pa. Super. 400, 442 A.2d 1112 (1982) (father could not escape his promise to pay an agreed amount of child support by proving a change in circumstances), Snivelv v. Snivelv, 206 Pa. Super. 278, 212 A. 2d 905 (1965) (parent cannot bargain away the right of a minor child to adequate support). See ~ Sonder v. Sonder, 378 Pa. Super. 474, 549 A.2d 155 (1988) (II [Section 3105] preserves to 2 The Pennsylvania Supreme Court has granted allocatur in Nicholson and a decision is pending. See Nicholson v. Combs, 540 Pa, 613, 656 A.2d 119 (1994). 3 ~ ~ Knorr v. Knorr, 527 Pa. 83, 588 A.2d :03 (1991), where our Supreme Court held that while parties to a divorce had the right to bargain between themselves, such parties have no power [] to bargain away the rights of their children. Their right to bargain for themselves is their own business. They cannot in that process set a standard that will leave their children short. Their bargain may be eminently fair, give all that the children might require and be enforceable because it is fair. When [the parties' aqreement] qives less than can be qiven to provide for the best interests of the children, it falls under the jurisdiction of the court's wide and necessary powers to provide for that best interest. 4 J .1\52014.96 the court the ability to modify child support, [an areal where the ability of the court to ensure that the child's best interests are served has always been regarded as being of paramount importance.") (Beck, J., concurring and dissenting) (emphasis added) . In the instant case, the trial court relied on Nicholson v. Combs, suora, in concluding that the parties' bargained- for, non-modifiability provision for child support could not be reduced.4 We find that the trial court properly relied on Nicholson in reaching its determination, and furthermore, we agree with the reasoning of the above-cited cases that a reduction of a child support order does not comport with the best interests of the child. Thus, we find that the trial court did not err in denying appellant's petition without a hearing.S ~ Knorr, suora (appellee father entitled to to have his petition to reduce support considered on its merits where father did not seek to modify the agreement entered into between the parties, but rather sought to reduce amount of the support order entered by the court in response to a separate and dietinct petition filed by appellant 4 While the Nicholson court did not specifically analyze Section 3105, it relied on Sonder v. Sonder in reaching its conclusions, and the Sonder Court did analyze Section 401.1, which has since been replaced by Section 3105. 5 Furthermore, we note that appellant did have the opportunity to present the trial court with evidence supporting her request to reduce her child support payments at the October 5, 1995, hearing on father's petition for contempt. Appellant's Brief at 11. Accordingly, we find that appellant has failed to establish that her due process rights were violated. 5 , .. . SHARON E. MoMICHAEL Plaintiff, Respondent VB. I I I I I I I NO. 94-3440 civil 1994 JEREMY J. McMICHAEL Defendant, Petitioner NOTICE Legal proceedings have been brought against IOU alleging, aaong other things, you have willfully d sobeyed an order of court for support. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. YOU SHOULD TAKE TillS PAPER '1'0 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW '1'0 FIND OUT WHERE YOU CAN GET LEGAL HELP I Court Administrator 4th Floor, Cumberland Co. courthouse Carlisle, PA 17013 (717)-240-6200 .... NAY 211006tf SHARON E. McMICHAEL Plaintiff, Respondent vs. I I I I I I I NO. 94-3440 civil 1994 JEREMY J. McMICHAEL Defendant, Petitioner ORDER You, sharon (McMichael) Riddle~ respondent, must appear in person in court on~, n, IQql,1 at~'X>ftr1, in Room ~ Cumberland do-. Courthouse. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITTED TO JAIL. If the court finds that you have willfully failed to comply with its order for support, you may be found to be in contempt of court and committed to jail, fined or both. J . , . / / I I DATE OF ORDERI ~11(ld ,jE, /(if(, 1 / / /' . .. . i ;LI,. . - , , J 4. Respondent is not oomplying with said Order and has willfully failed and/or refused to pay in accordanoe with the Order of this Honorable court. Respondent has made only sporadic and token payments since the date of said order, with an aggregate total of $265.00. 5. The additional arrearages under the Order amount to approximately $2,456. 6. Respondent has flatly stated to Petitioner. and others that she will steadfastly continue to defy the Orders of this Honorable Court. 7. Respondent has engaged in a pattern of expensive legal maneuvering in a blatant attempt to avoid responsibility for payment of support for her minor children, including the filing of appeals of previous decisions of this Honorable Court in the superior Court of pennsylvania, all of which are additional financial burdens upon both Petitioner, Respondent and their minor children all without any apparent good motive or reason. 8. Respondent is able to comply with the Order entered by this Honorable court. 9. The Agreement made a part of this Honorable courts original Order specifically allows an award for counsel fees and expenses incurred in its enforoement. 10. Petitioner has incurred significant expenses in the enforcement of the original Agreement of the Parties and the subsequent Orders of Court. WHEREFORE, Petitioner prays that a Rule be granted on Respondent to show why she should not be held in contempt of Court for failure to comply with said Order of support. Petitioner further prays that this Honorable Court grant him an award of counsel fees and expenses necessarily incurred in the enforcement of this action. , ESQUIRE ad PA 17055 CHARLES R. GER 4725 Charles Mechanicsburg, (717) 975-3536 Counsel for Petitioner Attorney I.D. 132888 ~w,rt ~ ~ 'hht"ttl/ Pe it n r I verifY that the statements made in this Petition for contempt are true and correct. I understand that false statements herein are Inade subjeot to the penalties of 18 Pa. Cons. stat. seotion 4904 relating to unsworn falsifioation to authorities. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA SHARON E. MCMICHAEL/RIDDLE PLAINTIFF, VS. JEREMY J. MCMICHAEL DEFENDANT, CUSTODY I I 94-3440 CIVIL TERM CERTIFICATE Qf SERVICE I, Charles R. Gerow, Esquire, do hereby certify that I am this day serving a copy of the foregoing Petition for contempt upon Linda M. Gross, Esquire, attorney for Respondent, in the following manner I By united states Mail, postage pre-paid tOI Linda M. 52 South York, PA /J1"" Z f1 /lf9t Gross, Esquire Duke Street 17401 BYI CHARLES R. GEROW, 4725 Charles Road Meohanicsburg, PA 17055 717-975-3536 Attorney 1.0. #32888 Counsel for Petitioner If) ", .. UI ;':1 . <; : ': I" \..:.. <J L" C, '.') .' , (', E.. , , I I I..... I , ) ( .. ., C~;1l'1'I ~'J CM'I-: ANII 'I'IIANHM 1'lurAI. ew II"COIUl l/NIIIW I'ENNSYI,vANIA 1I111.1': 01' AI'I'I':J.I,^,I'" 1'1I0CI':lllJIIB 1931 tel --..---.---..--...- -. .._..-'.-- ...---.-.'.-------..- - '1'0 the I'rothonotal'y 01 I he Appelldte Court to which the withIn lI1atter hils been ilppeilled: Sl/I'EIlIOII mllrl' ell-' I'EI>HlYI,VIINIA TilE UN()(WHIGNfW, I'rotllonol.i1ry of the Court of C0ll1111on Pleas of __._~l8nd County, t1w !wid court beIng a court of record. do hereby certIfy 1:1101t ilnnexed hereto ill il I.rue and correet copy of thc wbole and cnlire record. including i1n opinion of the court aB required by PA Il.A.I'. 1<J2r), I.he orIgilwl papers and exhibits, if any on file. the transcript 01 the proceedings, if any. and the docket entries in the following lI1atter: i ! lJ I ~ ,",. n:! t,' L. L,' iL I~'. Case No. 94-3440 civil Term; No. 84 HOG 1996 SIIAIION E. Mr:MICIIAEL . j VB. .1 JEREMY J. McMICHAEL '- The documents comprising the record have been numbered from No.1 to No. 122 ,and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with leasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been trapsmitted to the appellate court is February 29, 1996 (Oeal of Court) l: {1.Mr Prothonotary An additional copy of this certificate is enclosed. Please lIign and date copy, thereby acknowledging .-eceipt of this record. RECORD RECEIVEDl Datol ReCAlvmf In 8111'lI1r1or Court (signature & title) i~A!I 1 rfJ% HARRII-iOlJHl, Ct:IlTH'ICM'I': ANI> 'l'IlANBMI'I""A1, (H' 1lI':COIlIl IINUlW !'ENNSYloVANI A!!.l!I.I'Q!:: 1\1'1!1'~I~I.A:~I':I'!I()<;I'I)IJlm 1931.-!JU '1'0 the I'rothonotill"y 01 lho Appellillo Court to which tho within matler has boon appoil]od: SlJI'F.llIOII CDJll'I' <W I'IN>flYINIINI^ TilE IINDEIlSIGNEIl. I'rothonotary 01 Iho COlll"1 of Common I'le.1s of CIntlorland County. the Baid coul"l heing a court of record. do hereby certify tllilt annexed herolo IB iI tnw and correct copy of the whole and entire record. includIng an opinIon of tho court as requIred by "A II.A.I'. 1925. the orlCJinill p.lpers and exhibits. if any on file. the transcript of the proceedings. If any. and the docket entries in the following matter: Case No. 94-3440 civil Term; No. 04 1I0G 1996 BII^RON E. McMICIlAEI, VB. JEREMY J. McMICIlAEI, The documents comprising the record have been numbered from No. 1 to No. 122 . and attached hereto as Exhibit A is a li~t of the documents correspondingly numbered and identified with reasonable definiteness. including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the appellate court is February 29, 1996 (Seal of Court) An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. IlECOIlD RECEIVEDI Datel 18iCJnature & title) CUllllihlllWCllllh ul I'CIIIII)'lvllllill ("UUIII)' uf CUlllhClIlIl1l1 } u: I, 1.,1wnmce (':. We I ker ,I'rulhullutllry uf the Cuurl uf CummulI l'lelll ill IIl1d fur IlIid CUllllty. du herch)' ,'cllil)' Ihllt Ihc IIIICguillg il 0 lull.lruc 1111I1 ,"Hlerl cupy ullhe whule lecnrd ufthe cIIse thereill !Il1lcd, whereill Sharon \.;. Mt:MichileL 1'llIintilr. IInd Case No. 84 HOG 1996 ,Ierrnlj' ,). Mr:M I <'I iii" 1 I>elendonl _, a. the same remains uf recurd helOle Ihe said ("uull 01 No, 94 - ]4 4 0 01 Civil Term.^.1>.19~, hove hereunlo sel my halld alld lllfi~ed the seol ul .aid Court ,ay( 'lrllarv uJX' In TI'S nMONY WIlI'ItI'OF, I Ihi. Twenty-ninth 1IIIllhllnllllry I. Ilarold E. Sheely l'residenlJudgeollhe. Ninth Judicial Dislriel. composed ul Ihe County of Cumberland, do eerlily thai Lawrence E. Welker. Prothonotanr , by whom the ollne~ed record, certificate and olleslotinn were made ond given, IInd who. In his own proper handwriting, Ihereunlo subscribed his name ond olfi~ed Ihe seal ollhe Cnull 01 Common I'leolufsllid County. wos. olthetimeulsodoing, and now II I'rothonolary in and lor said COli nIl' of Cllmberlarrl In the Commonweolth 01 l'eunl)'lvanlo, duly eommlssiuned ond qualified IU1111 ufwhOie aetsusueh lull lalth and eredil ore and uughtlu hc given 05 well III COlllls of judicalure os elsewhere, and thotlhe sold record. eertifieale ond IIl1eslalinn arc in due form of low ond achy Ihe ~rn~er ullieer, ',. Q.. (L \~'-;\ L ~J\...(v I'Ir\lllcnt .Iudric Conllllonwellllh of I'cnns)'lvllllla Counly ul Cumberland } ss: I. . Lawrence E. Welker . I'rolhullolary uf the COUll 01 Commoll )'Ieuln IIl1d lur Ihe sllid COUllt)'. dll cerlily thotlhe Ilunulllhle lIarolcl E. Sheely h)' whumlhe fureguing IIl1cstllliun WIIS made, IInd who has Ihereuntu suh.erihed his lIame, Will, otthe time ul mllkillg Ihereul, IIl1d still is I'residenl Judge of the CuurlulCummuu l'lells. Orphall' Cuurt and Court 01 Quaficr Sessiulllul Ihe I'ca,'c illllod for said CUllllty, duly Cummlssiulled olld quolified; 10 011 whose aell liS such lulllailh IIl1d crcd,llllC lIud uughtlu he givell. as well in ("ulIIIs 01 jlldiclIlure os elsewhere. INII:STlMONY WIII'III:OF. I hove herculltll ICI lilY halld IIl1d IIHixcd Ihc scalllf soid CUllrllhis k?" ,,' -'cl."__ ^:242,;.- _~~~Lt ~ PWlhUlIlllilf) I J ~ ,.J J ..5 ~, ~ I '" 0 Q U j j ~ ~ III 0 l u III ~ r-I III ~ ,~ H ~ H S > ti ti a- .~ a- U lE lE ~ r-I > ~ 'B 0 . . .. it ~ " III ~ Il. ... ~ 1 M ~ ~ III I X or or III 1 CD a- Il( E ,.J '" ci ci III ~ ~ E ~ ~ ~ 0 Ji '7 Z .: u . Anlllng lhe l~ecord5 And ProcccdinR' cnrollcd in lhe courl of ('nllll11lln picAs In And fllr lhe counlyof Cunberlllnd No. 84 1100 1l)<J6 94-.1440 civil 'I'eou lerl11. 19 ___ II CIlnlAlned Ihe fllllowing: _______.___.n_ inlhe COllll11llnwcAlth of Pcnlnylvnnin III No. COPY OF ^lJPCI'lrllllCO ,___ DOCKET ENTRY HIlAIION Il. McMICHAl-:I, VS, .JEREMY .J. McMICIlAEJ. I'NiE 00. I - u JWle 24, 1994, Callplaint, filed, 7 Oct. 3, 1994, Praecipe to Transmit: Hecord, filed. 8 Oct. 3. 1994, Acceptance of Service, filed. l) Oct. 3, 11)94, Plaintiff's Affidavit of Consent, filed. 10 Oct. 3. 1994, ~fendant 's Affidavit of Consent, filed. 11 - 34 Oct. 3, 1994, Agreement, filed. 3~ Oct. 11, 1994. Final Decree in Divorce, entered. By: Edgar B. l~lyley, .J. 36 - 42 Aug. 9, 22. 1996, Petition for Contempt, and Order of Court, filed. /lND Nail, this 22nd day of August, 1995 a Rule is entered against Sharon Il. McMictklel to show cause why she should not be adjudged in contempt of court. Rule returnable at a hearing to be held in contempt of court. Rule returnable at a hearing to be held in Courtroan No.2, Cll11berland County Courthouse at 2130 p.m., ThursdilY, Septemher 28, 1995, at which time Sharon I. McMichael is ordered to appear. By the Court, cdgar n. Bay ley, J. 41 - 44 Oct. 5, 1995, Order of Court, filed. /lNO Nail, this 5th day of October, 1995, following a hearing, IT IS ORDE '01 (1) The petition to hold Sharon E. (McMichael) (llddle in contempt for failing to coply with the custcx:ly provisions in a l1Iarital settlement agree- IOOnt that was incoI'JXlrated into a final decree in divorce by an order of October 11, 1994, IS DENIED. The l!\Jther, however, frno this date forward, shall provide the father at least five (5) days notice when she is not ~ing to exercise her ten1JXlrary physical custcxly rights. (2) A petition to hold Sharon E. (McMichael) IUddle in contempt for not carrying nedical coverage on the parties' t\\\l children IS DENIED since the children are being covered free in a govermcnt pro9r,lIn. Should that free coverage cease, the lI'Other shall be l'es(Ylnsihle, as per the order of October 11, 1994, to either provide health insurance coverage through an employer's policy or reimburse the father for such addil:ional cost ,1S lIlay be necessary to add the children to health insurance coverage throllgh his employer. (3) Sharon E. (McMichael) Iliddle ill itdjudlcittcd In contempt for failure to pay re9111arly $337 per oDnth for the sllPlxlrt of her t wn minor children as pet' the order of October 11, 1994. The nnt her shall P1trge herself of conteml by hereafter t::IlI1ely 11'<1king such payncnts tCK}ether wi t h $50.00 per nDnth on accollnt of arrearages. By the Court, I'llllar B. lIity I "y, ,J. NlJv. U, 1995, Petition for Sped,ll He I II'f, 1'1 I [~l. Nov. 17, I'J95, artier of COllrt, f i1 ed. /lN1l NeW, this 17th day of November, I IJ'J'i , ,I HilI<' i,; elltered againsf defendallt, .Jeremy J. McMichael, to Bhow GlIlSe why till! 1l!llef requested shoul! . - f'ffilbre-tJoj J~ ""oJ""l H .1. ty=t1 1'1ailll.\Ir Hhilll fHe in tllin Chillllberfl it nHlnl'dllChun with legal authority ill Buprnrt of h(~r rnAif-inn nnt li1tpr thilll IIdrl" lUll ,hu,' fn...,l1 Hdn ,1...,.,... 'rh,., 45 - 74 75 PNE t<<>. issue will be decided withollt II IIO.lrln~). By the COllrt, 1'~I!liII. II. lIilyley, .1. JI.U1. 16, 1996, (~)inion and Onlor of COllrl, riled. ^NO tn-I, LhiA 16th day of .I/lllllllry, )<J<J(" the within pet it: ion, IS IJISMIS Ell. By \:110 Court, EdlJilr n. Bayely, .J. .Ian. 19, 1996, lleHpondent, .len~ny ,I. Mc:M\c:lliml'H, ^nHwor In !'eUtton for Special Ilellef and New Malte,., rllL'(I. .Ian. 25, 1996, Notice of ^ppcal, riled. Notice is hereby given t:hilt S1klmn E. McMkhael, !'1,1intlfr above named, hereby appealH the Order of COllrt: of the Court. or Crmlnn !'leml or CUlloorland County, l'ennsy1vanlo to the Superior Court of I'enllsylvanl.l entered in this mller on the 16th day of Janllllry, 1996. This onler (illtm:hed to this noUe hilS been entercd in the docket: ilS evidenced hy \:Ill'! .,\lm:hecl r:opy of the dor:ket: entry. By: Linda M. Gross. Esq. 99 - 100 Feb. 7, 1996, SUI~rior Court of Pennsylvania Notice of ^ppeal Docketing to No. B4 HOG 1996, filed. 101 - 122 Feb. 26, 1996, Transcript of Proceedings, filed. 7~ (conI. ) 76 - Bll 81 - 8'l 'lll - IJll " 1.1, . . ... . ... ... ... ....... ."1 ... '. ... ... .:c. _ .lI/.. .;c. ... ... .~. )::.. -:W<>ft('>>>;>M< '.. '. "''411<'" . -~-- - .-~~-~--.- ...----.-- ",--~--._, --~~-. . .. . 8 , , . . 8 . 8 8 8 8 ...J~REMY J. McMICHAEL, . . i 8 . . . I , . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .. PENNA. SHARON E.. McMICI/IIEI" No. .... 91~}440CJyu' 1994 Plaintiff , " v",.us Defenrlant I II il ,I DECREE IN d'VORCE AND NOW, ..\?(~~.......... U......., 19.91... It Is ordered and decreed that...........,.. .~\II\I~Qt:J. .I;.., ~f~.MTCJlAEr.....".."... plaintiff, and",......",..."....,.. .J.f,llf.l'-1,Y, ,<7 ....t1r.t:1,t.c:,,~f..4,....,,'" defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which hove been raised of record In this action for which a final order has not yet been entered; NONE ",.,., :r,~I/l, ,ilgrP,CI1)'illl.t, .Qf. ,/'\\)911.8,1;, (,2"" 19,~1, 1.8, ,l)\!r,~ ,I,tJr;\lr.tNrfl.t.qd ..,.". ,1,IJ~p .I,I)\!, 1':(1)(1.1 ,T:JIY,'1r:c;r-. ,l?\,~.r,qq..""..", '//'" ,/"..,.,.. / / I ( / .' lIy Th'~~1(' ... Allell, ,.(.1'/'11"7.",,,- t. W,)kL-ll\c?"Il'~,Lu.; J. 7J.} : (;'11t1/.! fJ,- r/ H~1r':I1.- /.Kt(lu.:t1 Prothonotary '" ".,.. "'."" .. '.,' . . - ".... --" " , -- """ 'il! .. ... . ... ... '. .;c. '*' 'w., 'ltC. .w.. 'le. 'llC' .w.. ':.:. ,w.. .w., ~. .:-:. -:.:. .w.. :w..' 8 . . . 8 . ~ 8 , 8 . . . t . . . , 8 >'I 8 . ~ - . ~ * Ei 8 ~ ~ ~ 8 ~ , ~ ~ ~ I ..Jt;.' . ... . . " IN TIIEJ.:OURLOfo'XOl\l1\lOIH)1EAS_m~ ..cUMBERLANDCOUNl'Y. J'ENNSYL\'ANJA SIIARON E, McMICIIAH/lmmu: PJ,AIN'I'WJi, VS. ClJsroJ)V JEREMV J. McI\IICIIAt:L O.:....:NJ)AN'I'. 94.3440 CIVIL Tt:RM Ar!Sl\'Ell'I'ORESPDNUtNT'S.Nt\\'.1\lA'IHR 1-21. No responsive pleading is requircd and that thcse paragraphs have alrcady been addresscd thc Pctitioncr's allcgations sct forth in her original Pel it ion 22 Admilled in part and dcnicd in part It is admittcd that an Ordcr IVas entered on Octobcr 5, 1995 adjudicating Sharonltiddlc in contcmpt and ordcring hcr to make timely payments pursuant to thc Propcrty Scttlcmcnt Agrccmcnt cntcrcd into by the parties. It is denied that thc finding IVas corrcct 21 Admillcd in part and dcnicd in parI It is admittcd that the Honorable Court has jurisdiction ovcr thc support matter 1I0lVcver, hy IVay orthrthcr answcr, thc malleI' has bccn appcalcd to thc Supcrior Court of Pcnnsl'lvilnill As IIlcsuh, pursuant to the Rulcs of Appellllnt Proccdure Rulc, Ihis lIonorllblc Court lacks jurisdiction ovcr thc matter until the Supcrior Court has fhlly rcspondcd tothc Appcal 24. Admillcd in part IInd dcnicd in purt It is admittcd thatlhcrc are arrears olVing to the Respondent in this casc and thatthc full amount ofthc monthly paymcnts had not hccn made by thc Pctitioncr By way of fllrthcr anSlVcr, thc Pctitioncr is is f1nancially unahlc to makc Ihll paymcnts pursuantlotcrms ofthc Ilropcrtl' Sclllcmcnt Agrecmcnt Thc Pctitioncr has rcqucstcd that this Ilonornhle COll11 schcdulc a (lccreasc rcvicw hcaring pursullntto Scction3105 (b) ofthc Divolcc Codc of 1980 liS Amcndcd 123 Pa C S Scction3105 (b) I Thc lIonol'llblc Court has dcnicd thc rcqucst of the Petitloncr despitc .. the provision of the Divorce Code which allows modification of child support as set forth lnlhe Property Selllement Agrccmcnt. 25 Denied WHEREFORE, the Petitioncr, Sharon Riddle respectfully requests that this Honorable Court dcny thc request as stated in the Respondent's New Maller and forego the scheduling of hearing until the Supcrior Court has had the opportunity to address the appcaled issues. Furthcrmorc, inthc event that this Honorable Court determines that it has jurisdiction over the enforcement of the Property Selllement Agreement. at this time, Petitioner respectfully requests that this Court schedule a hearing allowing Petitioner the opportunity to present evidence In support of her contention that amount of support is excessive based upon her present income and her unemployment compensation. Respectfully su~milled, I , " : INlllECOU RT m~ COJ\t1\10lSl'.LEASjlE .1JlMBERLAND_CUUNIT.l'.t:NNSYL~1A SHARON E. McMICIIAELI Rmnu: PLAINTIFF, VS. CIJSTOny JEREMY J. McMICIIAEL DEFENnANT, 94.3440 CIVIL TERM CERIlElCATE 01' SERVICE I. Linda M. Gross. Esquire hereby am certilying that 1 alll this day serving a copy ofthe foregoing Answer to counsel for Defendant, Charles Gerow. Esquire in the followinglllanner: BY UNITED STATES MAIL TO Charles Gerow, Esquire 4725 Charles Road Mechanicsburg. P A 17055 Respectfully s~~i:)ed, Lind M Gross, Esquire 52 , outh Duke Street Yo PA 17401 (717) 852.7232 Supreme Court I.D 1158999 .,. ':"..... 1.1') I' \-. i .. . I'l' \', i \" I,' I I .- ) ( , , L~ I '- . , .. . , . '.'.. .. SHARON E, McMICHAEL/RIDDLE. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. JEREMY J. McMICHAEL. Defendant 94-3440 CIVIL TERM ORDER.JIF. .COURT AND NOW, this 18th day of June. 1996. following a hearing on 0 petition of Jeremy J, McMichoel to hold Shoron E, McMichoel in civil contempt for foiling to comply with the terms ond conditions of the porties' marital settlement agreement. the Rule entered on Moy 23. 1996. IS MADE ABSOLUTE. A heoring on final adJudicotion sholl be held in Courtroom No, 2, Cumberland County Courthouse. Corlisle, PennsYlvonio. ot 3:45 p.m.. Wednesdoy, June 26. 1996, ot which time Shoron E. McMichael is ordered ond directed to appear, By the ( BaYley. J. I Linda M. Gross. Esquire. For Plaintiff ~~ Chorles R. Gerow. ESqUire41;i~ For Defendont : prs ~ Cl ',- ,.. lil .. ~ .. {j~ !Xl 'l~ It ~ ., ( I.' "tM '" !O .11. 1~ .,. 1.'1 . rfl:' ::r: " ~ r. " l' I.() 0 C' FlLtD-Or-F1CE OF T/T r "."" ''''UnI' 9G JI.!I ~a HI 3: :'6 Cu. 'I;'; ",I,. ";c.L' \',..1 ~ ;," \,. 'oJ", 1 PEN,,\SYLVN\[,\ ~r IN TilE SlJI'EIUOI{ COllin (W I'ENNSVLV ANIA IIAIUUSlJlllW IHSTIUCT CElnlFICATE OF CONTENTS OF I{EMANIn:n IU:COl{n I'A. ItA.!'. 2571 ANn 2572 TIlE UNDERSIGNED. ChiclTlerk of thc Superior Cuurlof Pcnnsylvanla. Ihe said Court being u Cuurlof Record. dues hcrehy cerlify IIml unnexed 10 the uriglnal hereof is a Irue und correct copy of the whule und entire record us remanded from said Cuurt. inlhe foIlowingmllller: I'artsl 1 purl Capllon & noekel Numbers: Sharon E McMichael v Jercmy J McMlchuel Dockel Nu. 84 Ilarrlsburg. 1996 Cummon Plcus Court Cumberland Co. No. 94.3440 Civil renn In compllllnce with Pennsylvuniu Rules of Appellule Procedure 2571. The dalc on which thc rccord hus hccn remunded Is NOV.1 9 \997 An udditlonal cupy of this cerllt1cule Is enelosed wllh the original hcreof. and Ihe Clcrk of Prolhonotary uf Ihc lowcr cuurl or Ihe heud. chalrmun. dcpulY or sccrelary of Ihe governmenl unit Is hcrchy dlrectcd to ucknowledlle rceelpt of the rcmundcd record by executing such cupy atlhe pluce indicaled und by lilrlhwlth rClurningthe same. fJ~tl.tJ ChicI' Clerk - II1Irrishurg District Superiur Courl of Pennsylvanill IUlCOIUJ. ete. IUlC!HVED DATE I. th,. ,.Jf1p...;t., PI,.t'~)I.t~ ~N.tll,,,,.ll '" ",1 '" /. ~il II Ii i,l ~IA (; d 1.1 ~. :! I," ;1 ,!'/>;Y1ijl J i I. ,iI' /"'1 ,I 1//1 II. , I," 'If '/" : 'I' , , ',I I Illi /~ I /. ,I, i'i :I~ I II, ' I U 1 ,/,}~S I' I ' y 1 , ' l' I 10 /'J;'II' II ~'lrl,;! , ,I IJ " " Ii 1.1 il!'<:' ill II IJil,~i;'7f 'lei' 't'" , 1')1 /~'I;'''r ,. 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