HomeMy WebLinkAbout94-04336
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EL. G'N I M. 6,{'/9/1H'14
In The Court of Cocmon Pleas of
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We do solemnly swear (or arfirm) that we
the Constitution of the United States and the
wealth and ~t w~wi1l discharge the duties
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will support, obey and derend
Constitution or this Common-
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AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awar~ed, they shall be
separately stated.)
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Arbitrator, dissents. (Insert name i:
applicable.)
Date of Hearing: ./-$- 7''5-
Date of Award: ./.-,1'8 ~ ,,/,:, -
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~OTICE OF ENTRY OF AWARD
award ::' e;~:;e~YI~:~~ ~~e (~~~~%nd
?arties or thei= attorneys.
, 19 ,1.-{ , at I,J i';', I' .:1., the above
notice :hereof gIVen bY-mail to the
Arbitrators' comcensation to be
paid upon appeal:
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WAVNI! F. SIIAIIE
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C'oi1Illi\k.I'rNI,)luni:&
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ELENI M. GRAHAM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
v.
: NO. 94-4336 CIVIL TERM
BRYAN B. GRAHAM,
Defendant JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
12.
The averments of Paragraphs 1-11 inclusive of the complaint
and Answer being at issue, no further response is required.
13.
Admitted.
1-1.
The averments of Paragraph 14 of Defendant's New Matter are
denied. On the contrary, Plaintiff avers that title to the 1986
Ford Escort is held in the files of the Defense Activities
Federal Credit Union. The Credit Union requires both parties to
be present for the transfer. Plaintiff has repeatedly requested
that Defendant schedule a mutually convenient time to meet at the
Credit Union for the purpose of the transfer, but Defendant has
failed and refused to do so.
15.
The responses to Paragraph 14 above are incorporated herein
by reference as though fully set forth.
16.
The averments of Paragraph 16 of Defendant's New Matter,
being conclusions of law, no response is required. By way of
WAYNE F. SHAllI!
AUunK)' at lAw
5 South HanovC'f Slftcl
Carlidc. rnu\lylun~
17011
further response, Plaintiff avers that Plaintiff's failure to
transfer ownership of the 1986 Ford Escort to Defendant is a
direct result of Defendant's refusal to cooperate with the
requirements of the Credit Union in the transfer.
17.
Admitted.
18.
The averments of Paragraph 18 of Defendant's New Matter are
denied. On the contrary, Plaintiff avers that the ninety day
period for a mutual consent no-fault divorce did not expire until
May 9, 1994.
Paragraph 14 of the Divorce Settlement Agreement of March
11, 1994, provided that "Husband shall pay to Wife as alimony the
sum of $95 per month payable on the first business day of each
month...." By May 9, 1994, Defendant was already in breach of
the Divorce Settlement Agreement for having failed to make the
alimony payments due on April 1, 1994, and May 1, 1994. To date,
Defendant has made only a single payment of alimony in the amount
of $100 and is $660 in arrears. In addition, Defendant was
otherwise in breach of the Divorce Settlement Agreement for
having failed to cooperate in the transfer of the 1988 Honda as
averred in the Complaint. It was as a result of these
anticipatory breaches by Defendant that Plaintiff did not
conclude the divorce.
-2-
WA\'NI! F. SUAIlI!
^11omt')'.ll.aw
~ Sooth lIanmrr Slrnt
('"Ii_k, l'rMI)'lnnia
1101l
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19.
Admitted.
20.
The averments of Paragraph 20 of Defendant's New Matter,
being conclusions of law, no response is required. By way of
further response, Plaintiff avers that Defendant was already
guilty of material breach of the Divorce Settlement Agreement
before the expiration of the ninety day waiting period for a
mutual consent no-fault divorce.
21.
The averments of Paragraph 21 of Defendant's New Matter,
being conclusions of law, no response is required. By way of
further response, the responses to Paragraphs 19 and 20 above are
incorporated herein by reference as though fully set forth.
22.
The averments of Paragraph 22 of Defendant's New Matter,
being conclusions of law, no response is required. By way of
further response, the responses to Paragraphs 19 and 20 above are
incorporated herein by reference as though fully set forth.
2J.
The averments of Paragraph 2J of Defendant's New Matter,
being conclusions of law, no response is required. By way of
further response, the responses to Paragraphs 19 and 20 above are
incorporated herein by reference as though fully set forth.
-J-
WAYNE F. SHA\lI!
AtlOmt)'.ll.lw
oS Soulh IWMwtr Strtrl
Carlitk. Pnuuylvanla
1101J
WHEREFORE, Plaintiff demands that Defendant's New Matter be
dismissed.
wa~~h~~ire
Attorney for Plaintiff
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The statements in the forsgoing Answer to New Matter are
based upon information which has been assembled by my attorney in
this litigation. The language of the statements is not my own.
I have read the statements; and to the extent that they are based
upon information which I have given to my counsel, they are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. 54904 relating to unsworn falsification
to authorities.
Date: October l7, 1994
fL",,) M - ElyO...l\..o...~
E1en1 M. Graham
W A VNe F. SHADe
AUonq- I' taw
5 South HanUVtf SIln'1
('.,lillC'. 1'mn1)'lvania
111113
SHERIFF'S RETURN
c:c:t+IONWEAL'lll OF PENNSYLVANIA:
CClUNI'Y OF Cl.MBERLAND
E1eni M. Graham
VS
Bryan B. Graham
Ph i 1 i P R'mghmAn
, lliKclClldlfrXlXlX Deputy Sheriff of
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In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-4336 Equity Term
Complaint in Civil Action Law
and Notice
that he served the ""ithin
CUnberland County, Pennsylvania, who being duly swom according to law, says,
Complaint in Civil Action Law and Notice ,
,
upon Rry"n R. GrAhAm
p.M. X:1i'R / EOST, on the
31
q~l Grppn ~prinas Road. Newville
, the defendant, at 4: 35
o'clock
day of August
, 1994at
PeMsy1vania, by handing to Richard Graham, Father of Bryan B. Graham
, CUnberland County,
a true and attested copy of the
and at the same time directing
his
Complaint in Civil Action Law and Notic~
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
14.00
8.40
2.00
24.40 Pd. by Atty.
9-01-94
Swam and subscribed to before Ire
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Prothonotary
attention to the contents thereof and
So answers:
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R. Thanas Kline, Sheriff
bY~ ~2
Depu y Sheriff
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ELENI M. GRAHAM,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUIT~~.:~
NO. 94- I.j.'?l~t.. ~ERM
BRYAN B. GRAHAM,
Defendant
JURY TRIAL DEMANDED
NOTICE
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after the pleadings and Notice are
served, filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
jUdgment may be entered against you by the Court without further
notice for any money claimed in the pleadings or for any other
claim of relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
d~~~
Wayn F. Shade
Attorney for Plaintiff
WAYNH F. SUAUB
^Uomt)' al uw
oS South Hanovtr Sln't'1
('a,li.IC', rrnn.ylvani.t
1701l
WAYN!! F. SHAll!!
AUOIMf _I lAw
$ South Hanovu Strm
CarlidC'. PrNlIylvani.s
17013
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ELENI M. GRAHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 94-'1-3.3(., ~ERM
v.
BRYAN B. GRAHAM,
Defendant
JURY TRIAL DEMANDED
COMPLAINT
1.
Plaintiff ELENI M. GRAHAM is an adult individual who resides
at 1228 Blossom Terrace, Boiling Springs, Cumberland County,
Pennsylvania 17007.
2.
Defendant BRYAN B. GRAHAM is an adult individual who resides
at 953 Green Springs Road, Newville, Cumberland County,
Pennsylvania 17241.
3.
On March 11, 1994, the parties entered into a Divorce
Settlement Agreement, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference as though fully
set forth.
4.
Paragraph 5 of said Agreement provided that Wife would
become the sole owner of a 1988 Honda automobile.
5.
Paragraph 6 of said Agreement required that each of the
parties, on demand, do or cause to be done any other act or thing
that might be necessary to effectuate the provisions and purposes
{'
of the Agreement and required either party that would fail to
comply with those provisions to pay to the other all attorney
fees, costs and other expenses reasonably incurred as a result of
such failure.
6.
Paragraph 14 of said Agreement required Defendant to pay the
sum of $95 per month commencing April 1, 1994, and continuing for
a period of eighteen months.
7.
Paragraph 19 of said Agreement entitled either party to sue
for damages for breach of said Agreement and for all legal fees
and costs incurred in enforcing said Agreement.
8.
In spite of repeated demands by Plaintiff and her counsel,
Defendant has failed and refused to execute the necessary
documentation to remove his name from the 1988 Honda automobile.
9.
As a result of said failure and refusal, Plaintiff has been
unable to terminate automobile insurance coverage for Defendant.
10.
WAYNE F. SHAOJ!
Auomty al Law
.5 South Hanovtt Slltc1
C.rli.k. PtnnJylvanla
17013
-2-
The requirement of carrying automobile insurance coverage on
both Plaintiff and Defendant has required Plaintiff to continue
to pay $203 per month for automobile insurance as opposed to the
$65 per month in insurance costs which she would incur for
automobile insurance for herself, alone.
"
11.
since execution of said Agreement, Defendant has paid only
one monthly payment of alimony.
WHEREFORE, Plaintiff respectfully prays that your Honorable
Court order, as follows:
(a) That Defendant be required to immediately appear
at the offices of the holder of the loan on the 1988 Honda
automobile and sign the necessary documentation to remove
his name from ownership of that vehicle;
(b) That Defendant be required to pay to Plaintiff
damages in the amount of $138 per month from March 11, 1994,
through the date of Defendant's execution of the necessary
documentation transferring title of the 1988 Honda
automobile to Plaintiff; and
(c) That Defendant be required to pay Plaintiff's
counsel fees, costs and expenses in enforcing said
Agreement.
wa~~sC~~uire
Attorney for Plaintiff
WAYNE F. SHAJlE
AUOnx)' aI lIw
, Soucb Hanovrr StmI
Cindie, PmnIytvania
17013
-3-
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,.
The statements in the foregoing Complaint are based upon
information which has been assembled by my attorney in this
litigation, The language of the statements is not my own. I
have read the statements; and to the extent that they are based
upon information which I have given to my counsel, they are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. 54904 relating to unsworn falsification
to authorities.
Date: ~~ ('f'~
" ~I ~
rl D ...., u.a IV\.
E1eni M. Gratia 0-
W^YNH F. SH^DH
^lIorntylluw
5 Soulb Hmovtf Strcd
Carlisle. f'coM.y~ania
17013
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ELENI M. GRAHAM,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.S91 CIVIL 1994
CIVIL ACTION. LAW
Plaintiff
v.
BRYAN B. GRAHAM,
IN DIVORCE
Defendant
DIVORCE SE'ITLEMENT AGREEMENT
nns DIVORCE SE'lTLEMENT AGREEMENT, made this II-d day of ~
1994, by and between BRYAN B. GRAHAM, of Newville, Cumberland County, Penns~lvanla, hereinafter called
"Husband" and ELENI M. GRAHAM, of Boiling Springs, Cumberland County, Pennsylvania, hereinafter called
"Wife. "
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on March 7. 1992 In Camp Hill, Cumberland, County,
Pennsylvania; and
WHEREAS, one child has been born of this marriage, PANAGlOTlTSA MARGARET GRAHAM, born
August 31, 1992; and
WHEREAS, differences have arisen between Husband and Wife the consequence of which they Intend to live
separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their propeny rights and obligations growing
out of their marital relationship; and
WHEREAS, the parties desire to confirm their understanding in writing.
EXHIBIT "A"
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NOW THEREFORE, the parties hereto, Intending to be legally bound hereby, agree as follows:
1. Separation. The parties hereto separated on or about October 8, 1993, and shall continue to live
separate and apart and will not cohabltate with each other. It shall be lawful for each party at all times hereafter to
live separate and apart from each other at such a place or places as he or she may from time to time choose or deem
fit.
2. Interrerence. From the date of signing this Agreement, each pany shall be free from interference,
authority and control of the other, as fully as if he or she were single or unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or
compel the other to cohabltate with the other or In any way harass or malign the other, or in any other way Interfere ,
with their peaceful existence, separate and apart from the other.
3. Mutual Release. Subject to the provisions contained in this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors,
administrators and assigns, forever release and discharge the other of and from all causes of action, claims, rights or
demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except a cause
or causes of action for divorce or all causes of action for breach of any provisions of this Agreement. Further, each
party, subject to the provisions of this Agreement. releases and forever discharges the other from any and all claims
one may have against the other arising out of this matrimonial action, including, but not limited to alimony, alimony
pendente lite, spousal support, equitable distribution, counsel fees, COSIS and expenses.
4. Waiver of Claims A~ulnstthe E.~lule, Except as herein otherwise provided, each party may dispose
of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now
have or hereafter acquire under the present or future law of any jurisdiction to share in the property or the estate of
the other as a result of the marital relationship, including. without limitation. dowry, courtesy, statutory allowance,
widow's allowance, hom~tead rights. right to equitable distribution, rights to take in inl~tacy, right to elect against
the will of the other, and right to act as administrator or executor of the other's estate, Each party will, at the request
of the other, execute, acknowledge and deliver any and all instruments that may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such interests, rights and claims.
II
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S. Division of Persnnnl Pronerlv. Except as set fOM herein, each of the parties hereto has divided
between themselves, to their mutual satisfaction, all items of tangible and Intangible marital personal property,
Including household furnishings and other similar property. Neither party shall make any claim to any such Items of
marital property, or of the separate personal property of either party, which are now In the possession andlor under
the control of the other. Should It become necessary, the parties each agree to sign, upon request, any titles or
documents necessary to give effect to this paragraph. The property shall be deemed to be In the possession or under
the control of either party If, In the case of tangible personal property, the item Is physically In the possession or
control of !he party at the time of the signing of this Agreement, and in the case of intangible personal property, If any
physical or written evidence of ownership, such as a passbook, check book, policy or certificate of Insurance or other
similar writing Is In the possession or control of the pany.
With respect to the motor vehicles owned by one or both of the panles, they agree as follows:
A. The 1988 Honda Prelude titled in Husband and Wife's name shall become the sole and separate
property of Wife. Wife agrees that upon her execution of this Agreement, the loan from DAFCU
encumbering said vehicle shall be solely her responsibility. Wife agrees to make timely payments per
month to DAFCU and agrees to Indemnify and save harmless Husband on account of said obligation.
Wife has the right but not the obligation to prepay said loan.
B. The 1986 Ford Escort titl~d in Wif~'s nam~ shall b~~ome the sole and separate property of Husband,
subject to any liens and encumbran~es. Husband agr~es to indemnify and save harmless Wife on
account of any said obligation.
The titles to the said motor vehicles shall be exe~uted by th~ parties, if appropriate, for effecting the transfer
as herein provided, on the date of exe~ution of this Agreement if the title is in the possession of one or the other party.
In the event that either or all of the documents of title to the said vehicles shall be in the hands of a bank or other
holder of the lien or en~umbran~e upon said vehicle. the parties agree to advise su~h bank or holder as to the transfer
of title set forth herein and they further agree to exe~ute whatever documents may be required to transfer title or said
document of title as in the hands of such bank or holder.
.... '... ..... . .. . ~-.~ .. . .
6. Addltlonollnslrumenls. Each of the parties shall, on demand, execute and deliver to the other any
deeds, bills of sale, assignments, consents to change of beneficiary, on Insurance policies, lax returns and other
documents and do or cause 10 be done any other act or thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party falls, on demand, 10 comply with this provision, that party
shall pay 10 the other, all attorneys fees, costs and other expenses reasonably Incurred as a result of such failure.
7. Debls ond Llobllllles. Husband and Wife hereby represent and warrant to the other that he or she has
not Incurred any debts or lIabliltles or made any contracts for which the other or his or her estate may be liable, except
as stated In this Agreement. If either pany has Incurred an Individual obligation during the term of the marriage, that
party shall be responsible to discharge said obligation and hereby agrees to Indemnify and save the other spouse
harmless on account of said o~lIgatlon.
Husband hereby covenants and agrees to assume and pay In full on a timely basis the bill consolidation loan
with a principal balance of approximately $2,912.39, the PP&L electric blli with an approximate balance of $425,17,
the DAFCU Visa charge account with an approximate balance of $597.92, and Husband covenants and agrees to pay
S933.75 towards back rent owing to the parties' landlord as a result of their rental of an apartment located at 61 E,
Main Street, Mechanicsburg, Cumberland County, Pennsylvania.
Wife hereby covenants and agrees to assume and pay In full on a timely basis the Cltlbank Visa charge card
with a principal balance of approximately Sl,OOO,oo, the phone bill attributed to calls made from the parties' apartment
at 61 E. Main Street, Mechanicsburg, with an approximate balance of S232. 78, and Wife covenants and agrees to pay
$266,25 toward the back rent owing on the parties' apartment located at 61 E. Main Street, Mechanlcsburg,
Cumberland County, Pennsylvania.
8. Worrontv os 10 Future Ohlll!ollons. Husband and Wife each covenant, warrant, represent and agree
that with the exception of the obligations set forth in this Agreement, neither of them shall hereafter Incur any liability
whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other
party for and against any and all debts, charges and liabilities incurred by the other after the date of execution of this
Agreement, except a.~ may be otherwise specifically provided for by the terms of this Agreement.
('
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0094Z6-0000I IFcbllllry ~4. 1994/JLH/KKM/33340
9. Arter Acoulred PeNonnl ProDerty. Each of the parties hereto shall hereafter own and enjoy,
Independent of any claims or right of the other, all Items of personal propeny, tangible or Intangible. hereafter acquired
by him or her, with full power In him or her to dispose of the same as fully and effectively, In all respec15 and for all
purposes, as though he or she were unmarried.
10. ReDresentnllon by Counsel. This Agreement has been prepared by Johnson, Duffie, Stewart &
Weidner, Attorneys for Husband. Johnson, Duffie, Stewart & Weidner has not represented Wife In any respect with
the negotiation and preparation of this Agreement. The provisions of this Agreement and their legal affect have been
fully explained to the parties by their respective counsel, Johnson, Duffie, Stewart & Weidner and Joseph L. Hitchings,
Esquire for Husband and Wayne F. Shade, Esquire for Wife. The parties acknowledge that they have received
Independent legal advice from counsel of their own selection and that they fully understand the facts and have been
fully Informed as to their legal rlgh15 and obligations and they acknowledge and accept that this Agreement Is fair and
equitable and that it Is being entered Into freely and voluntarily.
II. Custody. The parties acknowledge that a Court Order was entered on January 12, 1994, by the
Cumberland County Court of Common Pleas to No. 3232 Civil 1993 establishing custody of the parties' minor child.
Husband and Wife hereby acknowledge and agree that said Custody Order is to remain In effect following the execution
of this Agreement. unless modified by Court Order.
12. Child SUDnort. The parties acknowledge that a Recommended Order of Court was entered on January
19, 1994 by the Cumberland County Court of Common Pleas to No, 1000 of 1993 whereby Husband was directed to
pay 592.00 per week to Wife for the support of his minor child.
13. Heullh Insurnnce. Wife acknowledges and hereby agrees to continue to provide health Insurance for
the benefit of the parties' minor child as is made availahle to her through her employer. Should these benefits not be
made available to Wife for the henefit of the minor child through her employer, the parties shall work together in the
best interest of the child to provide sufficient health Insurance.
14, AllmoD\'. In recognition of the criteria Sel forth in Section 3501 of the Divorce Code. commencing
on the dale of execution of this Agreement. Hushand shall pay to Wife as alimony the sum of 595.00 per month
payahle on lhe firsl husiness day of each monlh and continuing for a period of one and one-half (18 months), or until
h.." .___......,
009426-0000llFcbNlry 24. 1994/JLHIKKM/33340
any of the following occur: Wife's death, Wife remarries or cohabltates with a person of the opposite sex not within
the prohibitive degrees of consanguinity for a period of 30 consecutive days. The alimony obll8atlons undertaken by
Husband In this paragraph are of a contractual nature and not an obll8atlon Imposed by an order or dcc:rce of court.
Said monthly payment by Husband shall be paid through the Domestic Relations Office of Cumberland County In the
manner presently used for the payment of child support by Husband to Wife. Wife hereby agrees to notify the
Domestic Relations Office of Cumberland County and request that they enter an order regarding said alimony
payments.
In exchange for Husband's agreeing to make alimony payments to Wife, Wife hereby covenants and a8recs
to withdraw the spousal support action filed to No. 1000 of 1993. and Husband hereby covenants and a8rees to
withdraw his appeal of the child support and spousal support actions filed to No. 1000 of 1993.
15. 1993 Tax Return. The parties hereby acknowledge and agree to file a joint tax return for the tax year
1993. The parties further acknowledge and agree to split the Income tax refund evenly so that each party will receive
one-half ('9 of the proceeds refunded.
16. Mutunl Consent Divorce. The panies acknowledge that Wife has Instituted a divorce action against
Husband In the Cumberland County Coun of Common Pleas docketed to No. 591 Civil 1994. The parties agree and
acknowledge that their marriage Is irretrievably broken. that they do not desire marital counseling, and that they both
consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of
1980, as may be amended (hereinafter referred to as the Code), The panies agree to execute Affidavits of Consent
as soon as may be practical and Wife's counsel shall take the necessary steps to finalize the divorce as soon as may
be practical.
17. Effed of the Divorce Decree. The parties agree that unless otherwise specifically provided herein,
this Agreement shall continue In full force and effect after such time as a final decree in divorce may be entered with
respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and
obligations entirely Independent of any Coun Order and that this Agreement may be enforced by contract remedies
In addition to any other remedies which may be availahle pursuant to the terms of this Agreement or otherwise under
the Pennsylvania divorce laws.
. . ~ ,... -..... .. -'. - . . .
18. Bank Accounts. CerllnClltes. Insurnnce PolicIes. PensIon Funds nnd other Assets. Each party shall
retain any Individual retirement account In his or her name. Each pany shall retain 115 his or her own property, any
pensIon, stock, savings or other plan through his or her place of employment, or otherwise, whether veated or non
veated. Each pany shall be and remain the sole owner of any other asset In his or her control notlpeclflcally covered
by other provisions In thIs Agreement. Should It become necessary, each pany agreea to sIgn any other tlllea or
documents neceasary to give effect to this section upon request of the other pany.
19. Breach. If either pany breaches any provIsion of this Agreement, the other party shall have the right,
at hIs or her election, to sue for damages for such breach. The pany breaching this Agreement shall be reaponslble
for the payment of all legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement,
or seeking such other remedy or relief as may be available to him or her.
20. Modlncnllon nnd Wnlver. Modification or waiver of any provision of this Agreement shall be
effective only If made In writIng and executed with the same formality as this Agreement. The failure of either party
to Insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature,
21. Severahllltv. If any provision of this Agreement is held to be Invalid or unenforceable, all other
provisions shall nevenbeless continue In full force and effect.
22. Descrlollve Hendlnes. The descriptive headings used herein are for convenience only. They shall
have no effect whatsoever In determining the rights or obligations of the panles.
23. Successors nnd A.~slens. This Agreement, except as otherwise expressly provided herein, shall be
binding upon and shall Inure to the benefit of the respective legatees. devisees. heirs. executors, administrators, assigns
and successors In interest of the panles.
24. Governlne Lnw. This Agreement shall be governed by and shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania.
1"l8r~1
009416-0000llPcbNlry 24, 199411LHIKKMI3J340
25. EnUre Al!reemenl. This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly let forth herein.
IN WITNESS WHEREOF, the panics hereto, Intending to be legally bound hereby, bave bereunto let their
bands and leals the day and year flrst above-written.
WITNESS:
~L.,~
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an B. Graham
~~~ M.. ~r1Q~ (SEAL)
Elenl M. Graham
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~
15:
On this, the ~\....::lI:. day of ~~ , 1994, before me the undersigned officer,
personally appeared BRYAN B. GRAHAM, known to me or sallsfactorlly proven to be the person whose name Is
subscribed to the foregoing Instrument and acknowledge that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~~
Notary Public ~ ' ,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C,^"",loec-JAI"I J
ss:
NOTARIAL SEAL
DIANNE LENIG, Nolary Public
Lemoyne Borough Cumberland Co,
My Commission expires Dee. 21, 1997
On this, the II r::IJ day of ~ , 1994, before me the undersigned officer,
personally appeared ELENI M. GRAHAM, known to me or satlsfaclorily proven to be the person whose name Is
subscribed to the foregoing Instrument and acknowledge that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~_. "NS?;Y ,~
Notarial Seal
Connie J, Trill, Nolary Publlo
Carlls'e. Cumberlan' County
My Commllllen E.plru OcL 5, 1956
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ELENI M. GRAHAM,
Plaintiff
IN THE COURt OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 94 - 4336 CIVIL TERM
vs,
BRYAN B. GRAHAM,
Defendant
JURY TRIAL DEMANDED
ANSI~ER AND NEW HATTER
COMES NOW the defendent, Dryan B. Graham, by and through hia attorney,
Sally J. Winder, and answers plaintiff's complaint as followsl
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. On the contrary. defendant has signed all of the documents
which the holder of the automobile loon, Defense Activities Federal
Credit Union (hereinafter, DAFCUI, required him to sign to terminate his
ownership interest in the Hondo automobile.
9. Denied. On the contrery, defendant has done all he could to make
plaintiff sole owner of the Honde eutomobile. Defendent believes, and
therefore overs. that, if plaintiff has been unable to tyerminate insurance
coverage for defendant, this inability exists not because of any action,
or failure to act, on the port of the defendant, but because of DAFCU's
policy requiring inouronce coverage for all obligors on the loon during the
term of the loon.
10. Denied, os after reosonoble investigotion defendant is without
knowledge or information sufficient to form a belief os to the truth of
this averment.
11. Denied. to the contrary. defendont hos mode more than one payment
of alimony since the execution of the agreement.
WHEREFORE, defendont demands judgment in his favor and against
plaintiff, together with reasonable costs.
NEW MATTER
12. Porogrophs 1-11 of defendant's answer ore incorporated by
reference herein as if fully set forth.
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13. Paragraph 5.B. of the Divorce Settlemunt Agreement (huruinafter,
Agreomuntl specified as follows: "The 19d6 Ford Escoat titled in Wife's
name shall bocomu the sole and separate property of Husband, subjoct to any
lluns and uncumbrances."
14. On various occasions, defendant has asked plaintiff to transfer
ownership of the Ford Escort to him.
15. To date, plaintiff hss not transferred ownership of tho Ford
Escort to defendant.
16. Plaintiff's failure to transfer ownership of the Ford Escort to
defendant is a material breach of the Agreement.
17. Parugraph 16 of the Agreement specHied as follows: "... and
Wife's counsel shall take the necessary steps to finalize the divorce as
soon as may be practical."
18. It hus bcen "practical" to finalize che Jivorce between the
parties for a considerable period of time.
19. To date, plaintiff's counsel has not finalized the divorce.
20. Failure of plaintiff's counsel to finalize the divorce is a
material breach of the Agreement.
21. Plaintiff's material breaches of the Agreement prevent her from
recovering attorney fees and costs incurred in her lawsuit against
defendant for breach of the Agreement.
22. If defendant is guilty of a material breach of tho Agreement,
plaintiff cannot hold him liable for damages, where she herself is guilty
of a material breach of the Agreement, or a provision thereof.
23. Plaintiff's nonperformance of a provision of the Agreement
equitably estops her from pleading or proving defendant's nonperformance of
the Agreement, or any provision thereof.
WHEREFORE, defendant demands judgment in his favor, and against
plaintiff, together with reasonable costs.
9&^ JL)) ~d__
Sally . Winder, Attorney for
Defenda t, Bryan B. Graham
,.....
I, Bryan B. Graham, do verify and state that the averments set forth in the
foregoing Answer and New Matter are true and corrct to the best of my
knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating
to unsworn falsificationa.
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
~?i::~t
NO. 94-4336 TERM
v.
BRYAN B. GRAHAM,
Defendant
JURY TRIAL DEMANDED
AND NOW,
ORDER OF COURT
this 5""'/;A day of t.JiJAlI..lAI2... 'I ,
19~ in
Petition,
, Esquire,
, Esquire, and
, Esquire, are appointed
arbitrators in the above-captioned matter as requested.
By the Court,
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ELENI M. GRAHAM,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
v,
NO. 94-4336 CIVIL TERM
BRYAN B. GRAHAM,
Defendant
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
WAYNE F. SHADE, ESQUIRE, counsel for Plaintiff in the above-
captioned action, respectfully represents, as follows:
1. The above-captioned matter is at issue; and
2. The claim of Plaintiff is $1,397.90 plus accruing
contractual counsel fees. There is no counterclaim.
The following attorneys are interested in this matter as
counselor are otherwise disqualified to sit as arbitrators:
Sally J. Winder, Esquire, and Johnson, DUffie, Stewart & Weidner.
WHEREFORE, Petitioner prays that your Honorable Court
appoint three (3) arbitrators to whom the case shall be
submitted.
a/~ 5;.ff/<
Wayn F. Sha e
Attorney for Plaintiff
IAWIIlIIlI',
MAltl-lN It Mt l AILII
ELENI M. GRAHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 94-4336 EQUITY TERM
JURY TRIAL DEMANDED
v.
BRYAN B. GRAHAM,
Defendant
NOTICE OF HEARING BY BOARD OF ARBITRATORS
You a~e hereby notified that the undersigned Board of
Arbitrators, appointed by the Court in the above-captioned
case, will sit for the purpose of their appointment in the
Second Floor Hearing Room, Old Cumberland County Court House,
in Carlisle, Pennsylvania, on Tuesday, February 28, 1995, at
9:30 o'clock A.M., at which time and place you may appear with
your respective clients and your witnesses to present such
evidence and testimony as you may have in the case.
Murrell Walters, Esquire
Dawn S. Sunday, Esquire
By: Lk~t?tZ~
Marlin R. McCaleb, Chairman
Board of Arbitrators
January 18, 1995
TO: Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Sally J. Winder, Esquire
701 E. King Street
Shippensburg, Pennsylvania 17257