HomeMy WebLinkAbout94-05619G
3
a
~.
d
s
C
d
E
N
o--
0
J
~~
:r.• x• t~:• a-: <~: <r.• ;r.• :a •x• :r. a:• <r. <~: <c. tr.• •:~:• :~: <~> :r.• :~> :..:~;..:~: :tt• ;u ~:a ;~:• :b• •:r, :~ ^,~
~, _
r ----___.... _. ...... _ _ - ___ t~
>+ i ~
~{ IN THE COURT OF COMMON PLEAS
'~! OF CUMBERLAND COUNTY
~ij ~
!
~
± STATE OF ~ PENNA.
~!
~
'" ~
t+l
ROGER W. BROWN, JR. '':,
t t„....,94-5619,. CIVIL„TERt~c)
3!
_. .. !!
'~~ Versus ~
3{ ~ f(A'ItII.EEN A. BROWN
_ _ ... .... _ _ . I
a!l
i
'.
4
DECREE -N
~' DIVORCE
a!: ~
K
~ ~........ , 19 ~'f'. t~. , it is ordered and
AND NOW, .. J .
...
~
~
~
h
~ decreed that ......ROGER W. BROWN, JR.
.................................... .plaintiff,
K and ................KA'fFU,~T~N .A•..&RQWH ........................ , defendant, it
~! are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
~ been raised of record in this action for which a final order has not yet
been entered;
~ NONE. All issues have been resolved ursuant to the f4arria a Settl t
........................................P....................,4.......~P, 'i,~
~1 Agreement between the parties dated December 29, 1997 which Agreenent 1e
~ to be•incorporated into but•not•merged•xith•the•Divorce•Decree.•••••••••
J l ~
K
fay T h o- ,C o
r
t : 'l
',
^
`~ ~~
VY
~ / ~
4 y Prothonotary
R ^__ __
~'~
,>
,,
OIANE G. RADCLIfP
3418 TRINDLE ROAD
GMP HILL, PA 17011 ~'.
(717) 737.0100 j
IN THE COURT OE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROGER W. BROWN, JR.
Plaintiff ; N0.96-5619 CIVIL TERM
V.
(KATHLEEN A. BROWN
Defendant
CIVIL ACTION - LAW
IN DIVORCE
THIS AGREEFOSIIT made this ~ day of ~)P. r~ m h~ r , 1997,
by and between
KATHLEEN A. BROWN ("WIFE") of Ickesburg, Pennsylvania
and
ROGER W. BROWN, JR. ("HUSBAND") of Carlisle, Pennsylvania.
N I T N E B E T H S
wHEREA6, the parties hereto are HUSBAND and WIFE, having been
married on September 7, 1966 in Shiremanstown, Pennsylvania. Thera
were two (2) children born of this marriage: William F. Brown and
Tammie M. Brown, both of whom are emancipated.
wHEAE]18, diverse and unhappy differences, disputes and
difficulties have arisen between the parties and it ie the
intention of HUSBAND and WIFE to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of
settling fully and finally their respective financial and property
rights and obligations as between each other including, without
limitation by specification: the settling of all matters between
(them relating to the ownership and equitable distribution of real
1, .fi
viand personal property; the settling of all matters bettyeen them =
Page 1 of 23
r-
DIANE G. RADCLIFF
3MBTRINDLE ROAD
CAMP HILL, PA 17011
(7171737-0100
relating to the past, present and future support, alimony and/or'
maintenance of WIFE by HUSBAND or of HUSBAND by WIFE] and in
general, the settling of any and all clniros and possible claims by
one against the other or against their respective estates.
MON, TSERESORE, in consideration of the premises and mutual
promises, covenants and undertakings hereinafter set forth and for
other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, WIFE and HUSBAND, each
intending to be legally bound hereby, covenant and agree ne
fo.llowe:
1. I)ICOAPOAIITYON OF PAE7~1[9I.E.i The recitals set forth in the
Preamble of this Agreement are incorporated herein and made a
T.
3.
part hereof ae if fully set forth in the body of the
Agreement.
dOREEMEIIT ^OT ]- g.>,a TO DIVORCE PROCEEDIFOB: This Agreement
shall not be considered to affect or bar the right of HUSBAND
and WIFE to an absolute divorce on lawful grounds if such
grounds now exist or shall hereafter exist or to such defense
as may be available to either party. This Agreement is not
intended to condone and shall not be deemed to be condonation
on the part of either party hereto of any act or acts on the
part of the other party which have occasioned the disputes or
unhappy differences which have occurred or may occur
subsequent to the date hereof.
QYYOACE DECREE: The parties acknowledge that their
marriage is irretrievably broken and that they will secure a
mutual consent no-fault divorce decree in HUSBAND'S above
referenced Cumberland County, Pennsylvania divorce action.
Page 2 of 23
Upon the execution of this Agreement, the pnrtiee shall
execute and file all documents and papers, including
elfidnvits of consent and waiver of notice forms, necaesnry to
finalize enid divorce. If either pnrty foils or refuses to
finalize said divorce or execute and file the documents
necesenry to finalize the divorce, said failure or refusal
shall be considered a material breach of this Agreement and
shall entitle the other party at hie or her option to
terminate this Agreement.
{. E!}ECT O! DIVORCE DECREEi Unless otherwise specifically
provided herein, this Agreement shall continue in full force
and effect after such time ae a final Decree in Divorce may be ~!
entered with respect to the parties.
'S. aOAEEMENT TO HE iNCORPOR.'TED IN DIVORCE DECREES The terms of
this Agreement shall be incorporated into any Divorce Decree
which may be entered with respect to them.
6. ICON-!(EROER: This Agreement shall not merge with the Divorce
Decree, but rather, it continues to have independent
contractual significance and each party maintains their
contractual remedies as well ae court remedies as the result
of the aforesaid incorporation or as otherwise provided by law
or statute.
DIANE 6. RADCUFF
3M8 TRINOLE ROAD
GMP HILL, PA 17011
p171737-01aa
'7. DATE O1- EIECUTION: The "date of execution" or "execution
date" of this Agreement shall be defined ae the date of
execution by the party last executing this Agreement.
8. DISTRIBUTION DATE: The transfer of property, funds and/os'
documents provided for herein shall only take place on the
Page 3 of 23
"distribution date" which shall be defined as the dote of
execution of this Agreement unless otherwise specified herein.
f. ADVICE Ol COlJN6EL: The provisions of this Agreement end their
legal effect have been fully explained to the parties by their
respective counsel, DIANE G. RADCLIFF, ESQUIRa, for HUSBAND,
and JAY R. BRADERMAN, ESQUIRE, for WIFE. The pnrtiea
acknowledge that they have received independent legal advice
from counsel of their selection and that they fully understand
the facts and have been fully informed as to their legal
rights and obligations and they acknowledge and accept that
this Agreement ie, in the circumstances, fair and equitable
and that it ie being entered into freely and voluntarily,
after having received such advice and with such knowledge end
that execution of this Agreement ie not the result of any
duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
30. lINANCIAL DISCLOSURE: The parties confirn that each has
relied on the substantial accuracy of the financial disclosure
of the other, as an inducement to the execution of this
Agreement and each party acknowledges that there has bean a
full and fair disclosure of the parties' marital assets which
has been provided to each party.
11. DISCLOdURE AED MAIVER O! PROCEDURAL RIGHTS: Each party
understands that he or she has the right to obtain from the
other party a complete inventory or list of ell of the
property that either or both parties own at this time or owned
ae of the date of separation, and that each party has the
right to have all such property valued by means of appraisals
DIANE 0. RADCLIFF
3MB TRINOIE HpAD
CAMP HILL, PA 17011
pt71737-0iao
Page 4 of 23
DIANE G. RADCLIFF
3MMB TRINDLE ROAD
GMP HILL, PA 17011
P~ A 737-0~00
or otherwise. Both parties understand that they have tha
right to have a court hold hearings end make decisions on the
matters covared by this Agreement. Both parties understand
thnt a court decision concerning the partiee~ respective
rights end obligations might be different from the provisions
of this Agreement.
Each party hereby acknowledges that this Agreement is
fair and equitable, that it ndequately provides for hie or her
needs and is in hie or her beat interests, and that the
Agreement ie not the result of any fraud, duress, or undue
influence exercised by either party upon the other or by any
other person or persons upon either party.
Given said understanding and acknowledgment, both parties
hereby waive the following procedural rights:
n. The right to obtain an inventory and appraieement of ell
marital and separate property as defined by the
Pennsylvania Divorce Code.
b. The right to obtain an income and expense statement of
the other ,party ae provided by the Pennsylvania Divorced
Code.
c. The right to have any discovery ae may be permitted by
the Rules of Civil Procedure.
d. The right to have the court determine which property is
marital and which is non-marital, and equitably
distribute between the parties that property which the
court determines to be marital.
e. The righ*_ to have the court decide any other rights,
remedies, privileges, or obligations covered by this
Page 5 of 23
Agreement, including, but not limited to, possible claims
for divorce, spousal support, alimony, alimony pendente
lita (temporary alimony), and counsel fees, coats end
expenses.
11. PtAa01AL PROPERTY: HUSBAND and WIFE do hereby ncknowledge
that they hove previously divided their tangible personal
property including, but without limitation, jewelry, clothes,
furniture, furnishings, rugs, carpets, household equipment and
appliances, tools, pictures, books, works of art and other
personal property and hereafter WIFE agrees that all of the
property in the possession of HUSBAND shall be the sole and
separate property of HUSBAND; and HUSBAND agrees that all of
the property in the possession of WIFE shall be the Bole and
aepnrate property of WIFE. The parties do hereby specifically
waive, release, renounce and forever abandon whatever claims,
if any, he or she may have with respect to the above items
which shall become the sole and separate property of the
other.
13. AFTER-ACOViRED PROPBRTY: Each of the parties shall hereafter
own and enjoy, independently of any claim or right of the
other, all property, tangible or intangible, real, personal or
mixed, acquired by him or her, since August 28, 1994 the date
of their marital separation, with full power in him or her to
dispose of the same ae fully and effectively, in all respects
and for all purposes, ae though he or she were unmarried end
each party hereby waives, releases, renounces and forever
abendone any right, title, interest and claim in and to said
OIANE 0. RADCLIFF
3MBTRINDLE ROAD
GMP HILL, PA 17011
Pl>1737-0100
Page 6 of 23
DUNE G. MDCUFF
3MBTlUNDLE ROAD
CAMP NILL, PA 17011
(777737-0100
after acquired property of the other party pursuant to the
terms of this paragraph.
i`. arvzaior op vdazct.ae ~m Moezzs aoM~: with respect to the
vehicles and the 1974 Shultz mobile homo, or the trade in or
sales vnluo thereof, owned by one or both of the parties,
they agree as follows:
(a) The 1986 Ford Escort shall be the sole and exclusive
property of WIFE.
(b) The 1974 Shultz Mobile Home and the 1994 Ford Aero Star
Van shall be the Bole and exclusive property of HUSBAND.
The titles to said vehicles and mobile home shall be executed
by the parties, if appropriate, for effectuating transfer ae
herein provided on the date of execution of this Agreement end
said executed titles shall be delivered to the proper party on
the distribution date. For purposes of this Paragraph the
term "title" shall be deemed to include "power of attorney" if
the title to the vehicle ie unavailable due to financing
arrangements or otherwise. In the event any vehicle is
subject to a lien or encumbrance the party receiving said
vehicle as hie or her property shall take it subject to said
lien and/or encumbrance and shall be solely responsible
therefor and said party further agrees to indemnify, protect
', and save the other party harmless from said lien or
encumbrance. Each of the parties hereto does specifically
waive, release, renounce and forever abandon whatever right,
title and interest they may have in the vehicles that shall
', become the sole and separate property of the other pursuant to
', the terms of this Paragraph.
Page 7 of 23
Dore a. RAxuFP
JMB TRINDLE ROAD
GMP HILL, PA 17011
nrn 7a7-01ao
1S. ~~ PallTS Il=?121e 0111 flf~I01 tL~At Except ne hereafter
set forth, each of the parties dose epecilically waive,
releeae, renounce and forever nbendon ell of their right,
title, interest or claim, whatever it may ba, in any Pension
Plan, Retirement Plan, Profit 3liering Plan, 401-K Plnn, Keogh
Plan, Stock Plan, Tax Deferred Savings Plen and/or any
employee benefit plan of the other party, whether ncquired
through said perty'e employment or otherwise, and hereafter
eeid Pension Plan, Retirement Plan, Savings Plnn, Tnx Deferred
3nvinge Plan end/or any employee benefit plan shall become the
sole and separate property of the party in which name or
through whose employment said plan ie carried.
As clarification or modification of the foregoing the
parties agree ee follows pertaining to HUSBAND'S retirement
plane, including those plena through hls employment, hie union
affiliation, and his enrollment in the Guards:
a. HUSBAND shall retain and receive as his sole and saparete
property hie entire interest in hie Sheet Metal worker's
Annuity Fund of Local Union No.19;
b. With respect to HUSBAND'S Sheet Metal Workers' Local
Union No. 19 Pension Fund the following shall apply
pertaining to the monthly pension benefits payable to,
HUSBAND upon hie retirement:
1. Out of each monthly benefit HUSBAND receive• from
this pension fund and continuing until the death of
HUSBAND, HUSBAND shall make a payment of $707.60 to
n trust to be established for the benefit ~f WIFE',
(hereafter referred to as "the Trust"); provided,',
Page 8 of 23
however, that ae long as WIFE owes HUSBAND any
monies on account of the loan eat forth in
Paragraph 17 herein, there shall be deducted from
HUSBAND'S payment the amount $200.00 each month
until said loan is repaid in accordance with the
provisions of Paragraph 17. The Trust shall be a
discretionary trust so that her entitlement to SSI
or other governmental benefits is not effected
thereby and so that it ie not subject to the claims
of her creditors. All sums remaining in tha Trust
upon the death of WIFE shall be paid to HUSBAND.
Tommie Brown and Jay R. Braderman, Esquire shall be
designated ae co-Trustees of the Trust, or in the
event of lapse or failure to agree to act in that
capacity, then the HUSBAND shall be designated as
Alternate Trustee, or Co-Trustee, as the case may
be. In the event HUSBAND dies during the pendency
of the trust or refuses to qualify or ceases to act
ae Trustee, then the Court shall be authorized to
appoint a trustee after considering the wishes and
direction of WIFE.
2. HUSBAND shall retain and receive ae his sole and
separate property all benefits remaining in hie
pension plan after payment of the sums to be pnid
to the trust in accordance with the provisions of
subparagraph b.l. above.
c. With respect to HUSBAND'S Guard Retirement Plan, the
following shall apply:
OWiE 0. MDCLIFF
3MBTpNOLE ROAO
CAMP HILL, -A 17011
pt717J7-0100
Page 9 of 23
1. Out of each monthly benefit HUSBAND receives from
hie Guard retirement plan, HUSBAND shall make e
payment of $91.74 to the Trust to be established
for the benefit of WIFE and referenced in the
preceding subparagraph b.l.
2. HUSBAND shall retain and receive ell benefits
remaining in hie Guard retirement plan after
payment of the sums to be paid to the trust
pursuant to the provisions of subparagraph c.l.
above.
DUNE G. nADCLIFF
3M8TNNDlEROAD
CAM- NIIL. PA 17011
p171737-01 ao
d. The payments to be made to the Trust pursuant to the
provisions of subparagraphs b.l end c.l above shall be
treated as taxable income to the WIFE or the Trust as ie
permitted by applicable IRS tax rules and regulations eo
that HUSBAND ie not taxed for the portion of the
retirement benefits being distributed to the Trust
pursuant to the terms herein. In the event such tax
treatment ie not permitted and the applicable tax rules
requires HUSBAND to pay the tax on the entire pension or
retirement benefits, than the trust shall reimburse
HUSBAND for that portion of the tax he incurs as the
result of reporting on his applicable tex returns th•
pension or retirement benefits that are paid to the
Trust.
e. In the event HUSBAND shall fail to make any of the
payments to the Trust required to be made by him pursuant.
to the provisions of subparagraphs b.l. and c.l., then..
the parties authorize the Court in the above referenced,
Page 10 of 23
dieorce action to either attnch hie retirement income in
the amount of the payment due or alternatively to enter
e Qualified Domestic Relations Oder requiring the
Administrator of each retirement plan referenced above to
make said payments directly to the trust, ae the Court in
its discretion deems epproprlate.
16. DIVI810M Of DAEIC ACCOUETS/a'me'*~'•TtE TtlsuAIEECE: The parties
acknowledge and agree that they have previously divided toy
their mutual satisfaction ell of their bank accounts,
certificates of deposit, IRA nccounts, bonds, shares of stock,
investment plane and life insurance cash value and hereafter
WIFE agrees that all said bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment
plane and life insurance cash value in the possession of
HUSBAND shall become the sole and separate property of
HUSBAND; and HUSBAND agrees that all the said bsnk accounts,
certificates of deposit, IRA accounts, bonds, shares of stock,
investment plans and life insurance cash value in the
possession of WIFE shall become the sole and separate property
of WIFE. Each of the parties does specifically waive,
release, renounce and forever abandon whatever right, title,
interest or claim, he or she may have in any bank account,
certificates of deposit, IRA accounts, bonds, shares of stock,
investment plane and life insurance cash value that is to
become the Bole and separate property of the other pursuant to
the terms hereof.
17. IAJ•lE TO MILES HUSBAND shall lend WIFE the sum of Four Hundred
Dollars ($400.00) per month commencing the first day of the
DIANE 4. RADCUFF
71M TRINDLE ROAD
CAMP HILL, PA 17011
ps?t 737-0,00
Page 1 I of 23
first Pull montb after the execution o! this Agreement and
continuing thereafter until HUSBAND retires from hie current
employment though the Union and commences receiving retirement
benefits under the Sheet Metal Workers' Local Union No. 19
Pension Pian. WIFE shall repay said loan by way of deduction
of the sum of $200.00 from the monthly amounts payable to the
trust to be established on her behalf pursuant to the terms of
Paragraph 15 herein.
1!. Ma1VER O! 2>rHER2T1LIfCE: Except as provided in Paragraph 15
herein pertaining to distribution to HUSBAND of the balance
remaining in the Trust in the event WIFE predeceases him, each
of the parties hereto does specifically waive, release,
renounce and forever abandon any right, title, interest and
claim, if any, either party may have in and to any inheritance
of any kind or nature whatsoever previously or in the future
received by the other party.
19. M1lE'8 DEHTB: WIFE represents and warrants to HUSBAND that
since the parties' marital separation she has not contracted
or incurred any debt or liability for which HUSBAND or hie
estate might be responsible and WIFE further represents and
warrants to HUSBAND that she will not contract or incur any
debt or liability after the execution of this Agreement, for
which HUSBAND or hie estate might be responsible. WIFE shall
indemnify and save HUSBAND harmless from any and nll claims or
demands made against him by reason of debts or obligations
incurred by her.
OIAN£ G. RADCUFF
3MBTPoNDLEROAD
CAMP Nlll, PA 15011
Q15) 535-0100
10. gItHDA>1D'8 DEHTBs HUSBAND represents and warrants to WIFE
that since the parties' marital separation he has not
Page 12 of 23
contracted or incurred any debt or liability for which WIFE or
her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any
debt or liability after the execution of this Agreement, for
which WJfFE or her estate might be responsible. HUSBAND shall
indemnify and save WIFE harmless from any and nll claims or
demands made against her by reason of debts or obligations
incurred by him.
21. 1l~ZTIIL DEeT: During the course of the marriage, HUSBAND and
WIFE have incurred certain bills and obligations and haveli
amassed a variety of debts, and it ie hereby agreed, without)
li ascertaining for what purpose and to whose use each of the
bills were incurred, the parties agree ae follows:
a. WIFE shall be solely responsible for the following bills
and debts:
1. Any and all credit cards accounts, loans and
obligations incurred in her sole name including,
but not limited to, the Viea Account having a
separation balance of $3503.00, the MasterCard
Account having a separation balanco of $3769.76 and
the Discover Card account having a separation
balance of $4419.00.
b. HUSBAND shall be solely responsible for the following
bills and debts:
1. Any and all credit card accounts, loans and
obligations incurred in his sole name;
2. Any and all credit card accounts, loans and
obligations incurred in the parties' joint names,
DIANE ~. MDCLIFf
34M TI0NOlE ROAD
CAMP HILL, PA 17011
Q17) 737-0100 ',...,
Page 13 of 23
including, but not limited to the BFCU account for
the purchase of the pertiee' mobile home having n
separation dnta belance of $2300.00; the Sheet
Metal Norkers Annuity Fund loan having a separation
bnlence of $10,000.00; the ?HEAA student loans for
the parties' children having an approximate balance
of $27,314.37; the BFCU loan for the Ford Aero Stnr
having an approximate belance of $7500.00; the
Hyundai Motor Finance Company loan for the parties'
daughters' repossessed vehicle having nn
approximate balance of $5000.00; and the PNC credit
card loan for the parties' daughter, co-signed by
the HUSBAND having an approximate balance of
$2900.00.
BANE G.RADCUFF
3M8 TRINOIE ROAD
GMP MILL, PA 17011
(7171737-0, 00
Each petty agrees to hold the other harmless from any and all
liability which may arise from the aforesaid bills which,
pursuant to the terms herein are not the responsibility of the
other party. Any joint debt shall be canceled so that neither
party can make any further charges thereunder and if said
charges are made in violation of this Agreement than the party
incurring said charge shall immediately repay the same.
11. ~'I1L BEGURITZ HEEEFITB: The parties agree that subject
to the rules and regulations of the Social Security
Administration, each of the parties shall continue to be
eligible for Social Security benefits to which he or she would
ordinarily be qualified as a party to a divorce aftor a
marriage of ten (30) years or more in duration, if the
Page 14 of 23
r
parties' marriage is determined to be of ten (10) or more
years in duration.
13. IICOIR TL PAIOA RiTVA1ft The parties hove heretofore
filed joint federal and state returns. Hoth parties agree
that in the event nny deficiency in federal, state or local
income tax is proposed, or any aaeeeement of any such tnx is
made ngainst either of them, each will indemnify and hold
harmless the other from and against any lose or liability for
any such tax deficiency or assessment therewith. Such tax,
interest, penalty or expense shall be paid solely and entirely
by the individual who ie finally determined to be the cause of
the misrepresentations or failures to disclose the nature and
extent of hie or her separate income on the aforesaid joint
returns.
11. iI1A?~ EQUIT7IHL DZHTRIHUTZOl1 O! PAOPEAT2t The parties agree
that the division of all property set forth in this Agreement
ie equitable and in the event an action in divorce ie
commenced, both parties relinquish the right to divide said
property in any manner not consistent with the terms set forth
herein. It is further the intent, understanding and agreement
of the parties that this Agreement is a full, final, complete
and equitable property division.
1S. N1T17EA 0! ILI1~IOlfY SPOUH]1L SUPPORT ]UID ALIMOIR PE;rDEtTE LITEt
Except as hereafter provided, the parties hereto agree and do
hereby waive any right and/or claim they may have, both now
and in the future, against the other for alimony, alimony
pendants lite, spousal support, and maintenance.
DWVE D. RADCLIfF
31MTPoNDLE NoAD
DAMP HILL, PA 17011
mn 737-0,o0
Page 15 of 23
The foregoing notwithstnndiag the parties agree that
HUSBAND'S prior existing obligation to pay WIFE alimony
pendants lire shall terminate ae of the date of this
Agreement. Any arrears existing as of the data of terminntion
shall be paid by HUSBAND directly to WIFE, and not through the
Domestic Relations Office or to the Trust herein provided;
provided, however, that in the event said payment would
disqualify WIFE from receiving public assistance or other
governmental benefits or would other wine reduce the amount of
public nesistance or other governmental benefits due WIFE,
than said arrears shall be paid instead to the Trust to the
extent necessary to avoid said dieentitlement ur reduction.
The parties further agree that HUSBAND shall pay WIFE ee
non-modifiable alimony the sum of $20.00 per month to commence
upon the first day of the first month following the execution
of this agreement and continuing thereafter on the enure day of
each month until the death of either party, or WIFE'S
cohabitation or remarriage, whichever shall first occur, at
which time HUSBAND'S alimony obligation shall terminate. Said
payments are intended to qualify ae an alimony payment as that
term is defined by the internal Revenue Service Code end shall
be deductible from the income of HUSBAND and includable in the
income of WIFE on their respective applicable income tax
returns. HUSBAND shall make said alimony payments directly to
WIFE unless and until he becomes more than 30 days in arrears,
in which event said payments shall be made through the,
Domestic Relations Office of Cumberland County, Pennsylvania'',
by way of a wage attachment, the parties specificallyl,
DIANE G. MOCLIFP
3fN T14NDLE ROAD
CAMS HILL, M 17011
RiA rnaioo
Page 16 of 23
r-
DIANE G. RADCLIFF '..
3MOTRINDLEROAD '.
GGR MILL, PA 17011 '
pi7lrnaioo
i
nathorizinq the Court to enter an order incorporating the
terms hereof.
ZB, emwBtL• Fsls3 1•HD COBTBs HUSBAND shall pay to WIFE'S legal
counsel the sum of $3000.00 payable in monthly installments of
$125.00 each for a totnl of 24 monthly installments commence
the 15"' day of the first full month following the execution
of thf.e Agreement end on the same day of each month thereafter
until paid in full. Otherwise, the pnrties agree and hereby
waive any right to claim or receive a payment or reimbursement
of counsel fees thnt he or she has incurred ae the result of
~I the above referenced divorce proceedings or otherwise arising
out of their marital relationship.
27. ltRDO 1~ RIGHTBs HUSBAND and WIFE may and shall, at all
times hereafter, live separate and apart. They shall be free
~ from any control, restraint, interference or authority, direct
or indirect, by the other in all respects as fully ae if they
j were unmarried. They may reside at such place or places as
'~ they may select. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business,
occupation, profession or employment which to him or her may
seem advisable. HUSBAND and WIFE shall not molest, harass,
disturb or malign each other or the respective families of
each other nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever with
i him or her.
~1t. MUTUAL RiL=118E6: HUSBAND and WIFE each do hereby mutually
remise, release, quitclaim and forever discharge the other and
the estate of such other, for all time to come, and for all
Page 17 of 23
purposes whatsoever, of any from eny end ell rights, title end
interests, or claims in or against the property (including
income and gain from property hereafter accruing) of the other
or against the estate of such other, of whatever nature and
wheresoever situate, which he or eha now has or at any time
hereafter may have against such other, the estate of ouch
other or any part thereof, whether arising out of eny former
acts, contracts, engagements or liabilities of such other or
by way of dower or curtsey, or claims in the nature of dower
or curtsey or widow's or widower's rights family exemption
or similar allowance, or under the intestate laws, or thel
right to take against the spouse's will; or the right to treat!
a lifetime conveyance by the other ae testamentary, or all
other rights of a surviving spouse to participate in a
deceased spouse's estate, whether arising under the laws of
(a) the Commonwealth of Pennsylvania, (b) State, Commonwealth
of territory of the United States, or (c) any other country,
or any rights which either party may have or at any time
hereafter have for past, present or future support or
maintenance, alimony, alimony pendants lite, counsel fees,
equitable distribution, coats or expenaea, whether arising ae
a result of the marital relation or otherwise, except, any
only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. It is
the intention of HUSBAND and WIFE to give to each other by the
execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or
DUNE 6. MOCUFF
]4Y TIpNDLE IIDAD
GAM- Nlll, M 17011
pt71 n7-0tao
Page 1 S of 23
nature, real, personal or mixed, which the other now owns or
may hereafter acquire, except and only except all rights end
agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
provisions thereof.
19. M1I{RR OR MODIfIC11TIOM TO HE I11 1fRIT2/4t No modification
or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties end no waiver of nny breach
hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
30. NI7TVJIL COOPERATION: Each party shall, at any time and from ',
time to time hereafter, take any and all steps and execute,~~
acknowledge and deliver to the other party, nny and all
further instruments and/or document that the other party mny
reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement.
31. AOR=[MY1'P HIRDIHG OH HEIRB: This Agreement shall be binding
and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors end
assigns.
33. j11T=OAATIOM: This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no
representations or warranties other than those expressly set
forth herein.
33. OTHER DOCVQ~HTATZOM: WIFE and HUSBAND covenant and ngrae
that they will forthwith (and within at least twenty (20) days
after demand therefor), execute any and nil written
DIANE 6.RADCUFF
SMMTRINDLE ROAD
CAMP HILL, PA 17011
p:717a7a~ao
Page 19 of 23
', instruments, assignments, releases, eatiefactions, deeds,'
notes, stock certificates, or such other writings ae may be '.
necessary or desirable for the proper effectuation of thief
Agreement, and ns their respective counsel shall mutually 'I
agree should be eo executed in order to carry out fully end
effectively the terms of this Agreement.
3{. 114 Ml-ZVaA Qir DE~AOLTS Thie Agreement shall remain in Eull
force and affect 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 thel
waiver of any subsequent default of the same or similar
nature, nor shall it be construed as a waiver of etrict~
performance of any other obligations herein.
~S. 1aiaC$L If for any reason either HUSBAND or WIFE fails to
perform hie or her obligations owed to or for the benefit of
the other party and/or otherwise breaches the terms of this',
Agreement, then the other party shall have the followinq~,
rights and remedies, all of which shall be deemed to be'i
cumulative and not in the alternative, unless said cumulative
effect would have an inconsistent result or would result in al
windfall of the other party.
(a) the right to specific performance of the terms of this.
Agreement, in which event the non-breaching party shall
be reimbursed for all reasonable attorney's fees and
costa incurred as the result of said breach and in'
bringing the action for specific performance.
DIANE G. MDCIIFF
34M TPaVDIE ROAD
CAMP MILL, PA 17011
pt71737.0100
Page 20 of 23
r
aAHE D. RADCUCF
341iTNHDLE ROAD
G1A/P HILL, PA 17011
m7- m.olao
(b) the right to damages arising out of breech of the terms
of this Agreement, which demegee shell include
reimbursement of all attorney's Ease and costs incurred
ae the result of the breech end in bringing the damnge
action.
(c) the right to all remedies set forth in Section 35O2(e) of
the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an
any additional rights and remedies that may herenfter ba
enncted by virtue of the amendment of said Section or
replacement thereof by any other similar laws, which
remedies shall include, but not limited to:
(1) the entry of judgment;
(2) the authorization of the taking and seizure of
goods and chattels and collection of rents end
profits of real and personal and tangible and
intangible property;
(3) the award of interest on any unpaid installment;
(4) the transfer and sale of any property required to
obtain compliance with the obligations undertaken
by this Agreement;
(5) the posting of security to insure future peymeate
to assure compliance with the obligations
undertaken by this Agreement;
(6) the issuance of attachment proceedings and the
holding of the Defendant to be in contempt and the
making of appropriate order therefor including, but
not limited to, commitment of the breaching pnrty
Page 21 of 23
to county jail for a period not to exceed six (6)
months.
(7} the award of counsel fees end coats.
(8) the attachment of the breaching party's wages.
(d) Any other remedies provided for in law or in equity.
3i. LiM Oft P riS2LVAIIA APPLICI1DLEs This Agreement shall be
construed in accordance with the laws of the Commonwealth of
Pennsylvania.
17. HE1DIlt86 EOT P1LAT O! 11OREEMIITt Any headings preceding the
text of the several paragraphs and subparegraphe hereof, ara
inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
HY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ
AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE
PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IM MZTEE88 MEEAEOi, the parties hereto have set their hands
and seals tha day and year first above written.
W
~iLCt/~. Q. ,~Cct~ _ (SEAL)
RATH~~~ .
(SEAL}
DIANE G. RADCUFF
3Me TMNDLE NOAD
UAM HILL, PA 17011
mn 737a1ao Page 22 of 23
:_
COMMONWEALTH OF PENNSYLVANIA
3S.
COUNTY OF u,Yl s
On this the ~F day of ~~alCrrC)r~f' , 19 ~ , before me
the undersigned officer, personally appeared, KATHLEEN A. BROWN,
known to me (or satisfactorily proven) to be the person whose name
ie subscribed to the within Agreement, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto eat my hand and notarial seal.
CAS. , r
NOTARY PUBLIC
NotsrW 9w1
Cendith Y HIII, Notary F'udlo
Hartlsburp, Dauphin Caunry
My Canmisalon E>tgres Nov, 19, 2001
PANE D. RADCLIfF
74M TNNDLERQAD
CAM! HILL, -A 17911
mn rn-0lao
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the ~3~day of ~v n ~ ~.., ea , 19~j2, before me
the undersigned officer, personally appeared, ROGER W. BROWN, JR.,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal.
_ ~ L
-.- Nor,niai i~'td -
p~pnp C R,n i It Nulary F'trhi4[ ..
(e~+.n Ihn Rmn ~u~nhnr~:utd Coumy
11 r_,pnm5 F'PrnS.Jdf~ 11 'QOO Y PUB
I,i~ohirr bmp r; ~~,-n~ A-,u„;,;hn^ iil goLlnaS _~
Page 23 of 23
'-
n;
~. a~
~
n~' ~ u~ ~ ~
~ ~
h- `! _
~::~
(_,;
` ~-.:
;~
~
LL
; •1
~%` U
..
~~~
e w
C'1 ~~~
~~~
• ....
... .. .. .
ROGER W. BROWN, JR.,
Plaintiff
v.
KATHLEEN A. BROWN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
s
N0. 94-5619 CIVIL TERM
s
s CIVIL ACTION - LAW
s IN DIVORCE
PRl1ECIP6
Please withdraw and mark as settled and discontinued Defendant
Kathleen A. Brown's Counter-Affidavit whereby Defendant had alleged
that the marriage was not irretrievably broken and claimed econosssic
relief.
Date: ~
Reapec~lTyl submitted,
~~
JA R D~RMAN, ESQU
ATTf~ ) E FAR DEFENDANT
KATHLEEN A. BROWN
L
:,, ~,
`F.
~I
~ :. w
;L~
~~~.
('; .~ "'t
4. ~ ~.
Vii.
~ a ,.I
t;, ''iii.
(~i Q7
G~ CI
N Cu ZS
~
~ ;
U o< F
-
4 Q fl1$~ n
O m 7 2
~ ~jOW
Q ~aa
l7 W
f
~_
Q.
g
IN THE COURT OF COMMON PLEA9 OF
CUMBERLAND COUNTY, v^ENNSYLVANIA
ROGER W. BROWN, JR.
Plaintiff N0. 94-5619 CIVIL TEAM
y, CIVIL ACTION - LAW
: IN DIVORCE
KATHLEEN A. BROWN
Defendant
PRAECIPE OF TRANSMIT RECORD
To tha Prothonotary:
Transmit the record, together with the following information, to the
court for entry of a divorce decree:
1. Ground for divorce:
irretrievable breakdown under Section 3301 (c) of the Divorce Code.
2. Date and manner of service of the complaint:
a. Date: October 10, 1994
b. Manner: Personal service accepted by Defendant
3. Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code:
a. Plaintiff: December 13, 1997
v. Defendant: December 29, 1997
Date of execution of the Plai~ ff's affidavit required by Section
3301(d) of the Divorce Cocie and Date of eervice of the Plaintiff's
3301 (d) affidavit upon the Defendant:
a. Date of affidavit: N/A
b. Date of filing: N/A
c. Date of eervice: N/A
4. Related claims pending: None. All issues have been resolved pursuant
to the Marriage Settlement Agreement between the partier dated
December 29, 1997 which Agreement ie to be incorporated into but not
merged with the Divorce Decree.
5. Date and manner of service of the Notice of Intention to file
Praecipe to Transmit Record, a copy of which ie attached, if the
decree is to be entered under Section 3301(d)(I)(i) of the Divorce
Code:
a. Date of Service: N/A
b. Manner of Service: N/A.
4B
Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was
filed with the Prothonotary: December 24, 1997
Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was
filed with the Prothonota Janua ,-`Y
DIANE G. , ESQUIRE
3 e Road
am Hil PA 17011
7-0100
I.D, NO. 32112
Attorney for Plaintiff
r a~ r
cr, ~ C
c
'"i
' c: i
.r
:
urr 7
w-
`= '-~
r ::;.r
4'r
:
' .;~ :
~
L
. _ 1.
~ _
:i
i
~_~ i
i'- ~ -
~`
t_ p'~ i
v c~ U
~~
ROGER W. HROWN, JR. : IN THE COURT OP COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PRNNSYLVANIA
ECATHLEEN A. BROWN, CIVIL AC'T'ION - LAW
DEFENAANT IN DIVORCE
MOTI~1
YOU HAVE HEEN SUED IN COUR'P. If you wish to defend
against the claims set forth in the following pages, you must
take prompt action. You are warned that if you fail to do so,
the caee may proceed without you and a decree of divorce or
annulment may be entered against you by the court. A judgment
may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose
money or property or other righ'_a important to you, including
custody or visitation of your children.
When the ground for divorce is indignities or
irretrievable breakdown of the marriage, you may request
marriage counseling. A lie*_ of marriage counselors is
available in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF
DIVORCE OR ANNULMENT IS GRANTED, YOU MA'i LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CAPINOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH SG.LOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
DIANE G. RADCLIFF
A7TOIlN EY-AT-LA W
7M6 TRIM OLE YO.\D
I:A N! HILL. PA 17011
ROGER W. BROWN, JR.
PLAINTIFF
vs.
KATHLEEN A. BROWN,
pEFENDANT
IN THE COUR'P OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN DIVORCE
CO~F~R~
~/1
AND NOW, this:.. day of L ~ ,c?, 19~, comes
the Plaintiff, Roger W. Brown, Jr., by his attorney, DIANE G.
RADCLIFF, ESQUIRE, and file.a this Complaint in Divorce of
which the following ie a statement:
COUNT I: j~~VORC$
1. The Plaintiff, Roger 47. Brown, Jr., is an adult
individual residing at 163 Cedar Lane, Carlisle, Cumberland
County, Pennsylvania.
2. The Defendant, Kathleen A. Drown, is an adult
individual residing at 163 Cedar Lane, Carlisle, Cumberland
County, Perlneylvania.
3. Plaintiff and/or Defendant have beer! bona fide
residents of the Commonwealth foc at least s}.x (6) months
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 7,
1968 at Shiremanstown, Pennsylvania.
5. There have been no prior act.tons of divorce or
annulment between the parties.
DIANE G. AADCLIFF
ATTO0.N EY•AT• LA W Z
4N! TRIN DLL ROAD
GMP IIILI., PA 1!011
6. Plaintiff has been advised of the availability of
counseling and the right to reglaeEt that the Collrt require the
parties to participate in counseling.
7. The Defendant is not a nember of the A::M.ud Services
of the United Staten or any of !ta Allies.
8. The Plaintiff avers thaL• the grounds on whlch the
nction is based are:
(a) That the marriage is irrotrievably broken.
or in the alternative
(b) Thst the parties are now living separate and apart,
and at the appropriate time, Plaintiff will submit an
Affidavit alleging Y.hat the parties have livEd separate and
apart for at least two (2) yearn and that the marriage is
irretrievably broken.
WHEREFORE, Plaintiff requests thin t(onorable Court to
enter a decree in divorce, divorcing tho Plaintiff and
Defendant.
Respectfully submitted,
DIANE G. RADCL (, ESQ
3 'n le Road
C Hil PA 170.11
(717) 37-0100
Attorney for Plaintiff
I.D. No. 32112
DIANE G. AADCLIFF II
ATTOR V [Y-A T• LA W 3
S{Y TRIN OLP. ROAD
G 11- f11LL. M 17011
ViRI1IC71TI0N
L /~5.._. ,.,) Gt) ~.+ou.,~ ~,~ verifies that the
statements made in this Complaint are true and correct.
l./~,a'lo.,~ ~ Lam, ~nw,1r,.J `a~ understands that false
statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
~. ~ 1 ~1.
DIANE G. RADCLIFF
A7-iORNEY-AT-LAW
SMi TFIH DLL ROAD
UMP HILL. PA I?011
;; i
'"'
~ ~
Z.I.
~ ~
f ~ ~ ~
~ ~ ,~
1
J ~ w
r »
(~
M
V
S'
m
T
t:f
1
w ~ a
(`)
,-
U ~ b ~ "
~
L ~
G. J
<~a
r
w
~mx
g
~<°~
A
t
6y~ YY ' 7r
- ~ia`w4'fi
r i ~
~ ~ r
is
~
x~
; .
}$
~.
_ ~ .. .I _
i iY
DANE G. RADCLIFF
ATTORNEY-AT-LAW
SH! TRI`(DLE ROAD
CA.NP HILL. PA 17011
ROGER W. BROWN, JR.,
PLAINTIFF
va.
KATHLEEN A. BROWN,
DEFENDANT
IN '['HE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 94-5619 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Q~e_~RYISL~
I, KATHLEEN A. BROWN, the Defendant in the above-
captioned divorce action, hereby accept service of the
Complaint in Divorce filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, on October 3, 1994.
Date : l~ril i~. i9 s y ~;L,- ~~,~,,,,,.....-
KATHLEEN A. BROWN
~~
.>~
~.
~,'
.,
.,
~~
~~~
~~~a
~~~8
<, ~
A
•r~ -•
r
ROGER W. BROWN, JR.,
PLAINTIFF
vs.
KATHLEEN A. BROWN,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 94-5619 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
~1lIIDAVIT 0! 0411$1611T
DIANY G. RADCLIFF
ATTORNEY•AT-LAW
SH! TIIINDL[ ROAD
GMP f11LL. PA 17011
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on October 3, 1994.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from
the dote of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, mar'-tal property or counsel fees or expenses
hes not bee filed with the Court before the entry of a final
Decree in Divorce, the right to claim any of them will be
lost.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Dated:~~~ ~~~
R BROWN, JR.
m
:n
,--~
.S
-l
M ~ 4 h
e a
U~~x
~~~e
Aa ~
~ r ~
ROGER W. BROWN, JR.,
PLAINTIFF
ve.
KATHLEEN A. BROWN,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-5619 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
If you wish to deny any of the statements set forth in
this affidavit you must file a counter affidavit within twenty
(20) days after this affidavit has been served on you or the
statements will be admitted.
PLAIRTZFF'8 AFFIDAVIT U1fDER
SECTIOti 3301(d) OF TH8 DIVORCE CORE
1. The parties to the action separated on October 3,
1994 and have continued to live separate and apart for a
period of at least two (2) years.
2. The marriage is irretrievably broken.
DIANE G. RADCLIFF
ATTORN EY•AT-LA W
!MB TR I N DLF. ROAD
CAMP DILL, PA IT011
3. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I
do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 4904 relating
to unsworn falsification to authorities.
Dated: L D 11 q 0 ~~~1CCLn~
RO~G R W. BROWN,4~JR.,
PLAINTIFF
ry ti
~
,~ M r
_
c
'
Eo
''~
i_
_
[ ~. ~~L
ti 3
~?~ N
N ~4~
~"
'
r- ~~
l~ •'1 1
t y~ J
~S~n
a
C7
~ya
t
I A
A c.
ROGER W. BROWN, JR. IN THE COURT OF COMMON PLEA3 OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 94.5619 CIVIL TERM
KATHLEEN A. BROWN, CIVIL ACTION - LAW
Defendant IN DIVORCE
CERTIFICATE OF 5ERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby Certify that
Plaintiff's 3301(d) Affidavit was pezsonally served upon
Defendant's attorney, Carrie M. eowmaster, Esquire, of the
law office of Jay R. eraderman, the 22nd day of October, 1996
at the Office of Domestic Relations of Cumberalnd County,
Pennsyvlania.
...-.~.~~r-r, ~~v.
ndle Road
~1, PA 17011
I.D. No 32112
Attorney for Plaintiff
DIANE G. AA DCU FI'
ATTORNEY-AT-LAW
SHA 1'NINULL ROAD
GMP NILL, PA 17011
~~ b
-~~.
r "`
4 `~ ~.:~~
~ U "~t~
G uQ U
ROGER W. BROWN, JR.,
Plaintiff
v.
KATHLEEN A. BROWN,
Defendant
i
CUMBERLAND COUNTY, PENNSYLVANIA
s
NO. 94-5619 CIVIL TERM
s
s CIVII. ACTION - LAW
s IN DIVORCE
COUNTER-AltIDAVIT UNDER
SECTION 3301(d) OF THE DIVORCE CODE
1. I oppose the entry of a divorce decree because the
marriage is not irretrievably broken.
2. I wish to claim economic relief which may include
alimony, division of property, lawyer'^ fees and expeneae
or other important rights.
I verify that the atatementa made in the Counter-Affidavit are
true and correct. I understand that false atatementa herein are
made subject to the penalties of 18 Pa. C.S. 4904 relating to
unaworn falsification to authorities.
Date. ~~
1CA~~N A. HROWN
DEFENDANT '
,.
~, _.
-
i,,
; ~,,.
~
.
;;
~ ~
tt
~lr )
~~~ tj
ll~
~~ ~ '
~
~ .1
' J-
~.
U
c.: .
~•1 ~
c:~ t)
A p
F
Ss !WQQ
W
l~
QW
~ a ~'
tit N
LL ~ X > ~
i
l
j ~
O
m
Z C
~Ow
~ ~o.a
~
Q
? W
I f
~_
Q
4._
~1 ~~ r,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, FENNSyLVANIA
ROGER W. BROWN, 3R. ~
PlaintifF NO.y6-5619 CIVIL TERM
V. CIVIL ACTION -LAW
IN DIVORCE
KATHLEEN A. BROWN
Defendant
AFFIDAVIT OF CONSENT
L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3,
t 944 and served upon the Defendant on October 3, 1994 as evidenced by the Acceptance of
Service filed in this action..
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. [consent to the entry of a final Decree in Divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated: \ ~--13-'~'j [ins.
ogP~wn- Jr.
DIANE G. RADCLIFF
3UaTRINOLE ROAD
GIMP HILL, PA 17011
(717) T37-0100
~;,
-
~~ ;
' ,.:
f
:.
' `',
( )'
~t~
11.,
L~
~
1
i
j~,1 j
~~
1
' ~
;..f
L . l,j
L
~ .. r-
L~ Q~ V
IN THE COURT OE' COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHLEEN A. HROWN ., ,~
Defendant '-' ~
ROGER W. BROWN, JR. ~
Plaintiff N0.9d-5619 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
\ _~
~/~ '
1. I consent to the entry of a final decree in divorce without notice. . ' 1
2. i understand that I may lose rights concerning alimony, division of property, lawyer's foes or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made N this Aftidarit ere true and correct. I understand that false
DIANE G. RADCLIFF
3W TRINDIE ROAD
CAMP Milt.. PA 17011
tnn 7s7-01ao
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom
falsification to authorities.
Dated: ~~-r' ti 3^-cl ~
og~rown, r.
~..
(~'
~..
11 :~
i
i.
~_~.
:'.
1'
~_
(~)
(~
[.:
(r
l.~
~"
i .;
;1
IN THE COURT OS COMMON PLEAS OE CUMBERLAND COUNTY, PENNSYLVANIA
'.ROGER W. BROWN, JR.
Plaintiff N0.9~-5619 CIVIL TERM
V. t CIVIL ACTION - LAW
IN DIVORCE
KATHLEEN A. BROWN
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3,
1994 and served upon the Defendant on October 3, 1994 es evidenced by the Acceptance of
Service filed in this action..
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and corcect. I understand that false
DUPai 0. RADCLIFF
3Ma TRIHDLE ROAD
CAMi HILL, PA 17011
p17) 7n-0lao
statements herein are made subject to the penalties of I8 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated:_,~~~~7
J
~r ~~~-
~~o~. _
r~
,~
'
' `'
S-
~ - ~ .fir
-
.¢
~' :n :.~c~
~~,
-r
.. ~~iit~7
]
F~
-~ s.
0.
-
o r~+ v
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROGER W. BROWN, JR.
Plaintiff
V.
KATHLEEN A. BROWN
Defendant
N0.9~-5619 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
1. [consent to the entry of a final decree in divorce without notice.
2. [understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
DUNE 6. RADCIIFF
~Ua TRINDLE ROAD
GMt HILL, -A 17011
mn 7s7aroo
statements herein are made subject to the penalties of l8 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated:- Q
een rows
v
1-- ~~
LLI~'
W ¢(
C')-.%
~ w )I
a
Li
'
- ~:C
..
O
F:: ~
i~ ~ U
DIANE G. RADCLIFF
Attorney at Law
34411 TrinJle Rnad
Crmp F{ill, Pennsylvania L701 L
Telephone (717) 737-0100
Voice Mail (717) 5511-SS 1H
Fax (717) 975-0697
July 10,1997
The Honorable Harold E. Sheely
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA-17023--.
RE: Brown v. Brown `~
DR 25,796
94-5619 Civil Term
Dear"`
I have just received notification of the scheduling of a
support/APL hearing to be held before you on Monday, July 21,.1997,
in the above-captioned matter. Before that hearing is held I would
like to draw your attention to a matter that might affect your ability
to continue as Judge in this case. My client informs me that both you
and he are members of the same Masonic Lodge. It would appear to me
that rather than face a claim of a conflict of interest that perhaps
it would be wise for you to recuse yourself and have this case
assigned to a different judge. I will leave that up to your
discretion and advice to both counsel.
Very truly yours,
DIANE G. CLIFF, E
DGR/rzg
ce: Roger W. Brown, Jr.
Jay R. Braderman, Esquire
ROGER W. BROWN, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
DR 26,798
f(ATHLEEN A. BROWN,
DEFENDANT :945819 CIVIL TERM
AND NOW, this 22nd day of July, 1997, following a hearing on the merits, and
upon our finding that the marital settlement agreement entered into by the parties
dated November 9, 1994 is null and void,' the following order is entered:
(1) The appeal of Roger W. Brown hom the order of alimony entered an
October 22, 1998, IS DISMISSED.
(2) The petition of Kathleen A. Brown for interim counsel fees, IS DENIED.'
By the Court, ~
.~ ~~~
Edge d. Bayley J.
1. We find (1) that the agreement did not provide a full and fair disclosure of
husband's financial position because husband listed as unknown the value of his
Flood Sterling, Inc. Sheet Metal Workers pension and his Ohio Casualty Life
Insurance policy. Husband was in a position to obtain the value of those assets when ;`
he submitted the written marital settlement agreement to wife. At that time, wife was
not in a position to obtain such information because she was along-term psychiatric ;"-
patient in the Harrisburg State Hospital, and (2) wife, at the time she signed the
marital settlement agreement, lacked mental capacity to contract, and (3) husband
used undue influence to obtain her signature on the agreement.
2. With defendant receiving alimony, the issue of counsel fees should be
resolved by the divorce master.
9j ~.~~~
t.;~•,,, ~~ ~
,.
... ~.
Diane 4. Radcliff, Esqufre
For Plaintlff ~,¢,,~:A., rr~~~- ~~3~19~,
~.~.
Jay R. Braderman, Esquire
For Defendant
R.J. Shadday, Domestic Relations Officer - _rlaxct ~,~~kuct 7~~3~9' s'~~
:saa
':
~_
-2- , ~'
ROGER W. SHOWN, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUM6ERLAND COUNTY, PENNSYLVANIA
V.
DR 25,798
KATHLEEN A. BROWN,
DEFENDANT 94-5819 CIVIL TERM
AND NOW, this 24th day of July, 1997, the order entered on July ~, 1987, IS
VACATED and replaced with this order:
•AND NOW, this 22nd day of July, 1997, following a hearing on the merits, and
upon our finding that the marital settlement agreement entered into by the parties
dated November 9, 1994 is null and void,' the following order Is entered:
(1) The appeal of Roger W. Brown from the order of alimony pendente life
entered on October 22, 1998, 13 DISMISSED.
(2) The petition of Kathleen A. Brown for interim counsel fees, IS DENIED.'"
1. We ftnd (1) that the agreement did not provide a full and fair disclosure of
husband's financial position because husband listed as unknown the value of his
Flood Sterling, Inc. Sheet Metal Workers pension and his Ohio Casualty Life
Insurance policy. Husband was in a position to obtain the value of those assets when
he submitted the written marital settlement agreement to wife. At that time, wife was
not in a position to obtain such information because she was along-term psychiaMc
patient in the Harrisburg State Hospital, and (2) wife, at the time she signed the
marital settlement agreement, lacked mental capacity to contract, and (3) husband
used undue influence to obtain her signature on the agreement.
2. With defendant receiving alimony pendente life, the issue of counsel fees
should be resolved by the divorce master.
~_s r
__
8y the
Edgar B. Gayle((, J.
Diane Q. Radcliff, Esquire ~
For Plaintiff _ ~~ ,~~ ,y/~ x/41.
Jay R. Braderman, Esquire 'g ~'
For Defendant
R.J. Shadday, Domestic Relations Officer - --~.uncl c(e.(,cc~cro~ 9- a ~l - 4 7 S N.
:saa
-2-
c;c
. ,~
~t
,;, 'Cc~'
i ` D,.,
~:; ,'; r ' !,?
'j
ROGER W. BROWN, JR.
Plaintiff/Respondent:
v.
KATHLEEN A. BROWN, .
Defendant/Petitionez:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-5619 CIVIL TERM
DF. NO. 25,796
CIVIL ACTION - LAW
APPEAL OF COURT ORDER FOR ALIMONY PENDENTE LITE
AND REQUEST FOR HEARING DE NOVO
DATE OF ORDER: October 22, 1996
AMOUNT OF ORDER: $867.00 pet month for the support of
Wife payable $200.00 per week as alimony
pendente lite effective 9/25/96.
DATE OF APPEAL: October 31, 1996
REASON FOR APPEAL: Parties entered into a Marriage
Settlement Agreement dated November 9,
1994 in which Agreement wife waived all
tights to alimony, alimony pendente
lite, and spousal suppozt and as the
result of which the Defendant/Petitionez
is not entitled to suppozt of alimony
pendente lite. Heating de novo
requested.
NAME OF
COMPLAINANT
REQUESTING APPEAL: ROGER W. BROWN, JR.
N
L ~
(~ r-
~_
~ ~..
~,'
0
DIANE C. AADCLIFF
ATTORNEY-AT-LA W
SNB TRIM DLP. ROAD
CAMP HILL, PA 11011
(717) 737.0100
I.D. NO. 32112
Attorney for Roger W. Brown, Jr
9
P
-_.,
A
O
o r
L:
' Q
tf ,
~ A,
3
c. S J ~
C: ,
r,~
:~. ri 1
J ~ f
•
~~
U ~~
a~ ~
U
~,:-::
UR ~ 9
RU(iTiR W. BROWN IN'fFl[i LOUR"f Of COMMON NLFAS OF
PLAINTIFF/RF.SPONDE:N'f : C'UM[3L:Rt.AND ('AUN'TY, PIiNNSYI.VANIA
VS CIVIL AC°f1ON -LAW
KAT'TILF:F.N A. E)ROWN , c
DGFEiNDANf/PE,TI'TIONEiR NO.~--561y C'IVIL'1'ERM
ORDER OF COUJ~'
AND NOW, this~nd Jay of O • otx: , 1996, base) up<m the Court's determination that
Petitioner's monthly net income is $ 0_~ per month and ResponJent's monthly net income is
$ 3,348.00 per month, it is hereby OrderrJ that the Respondent pay W the Domestic Relations
Section. Court ofCbmmon Pleas. $ 867.00 u month payable $ $200.00 •r week us alimony
pendente lire, etlective 9/25/96 , Arcears set ut $ 0 00 us of 1 /~~N~, shall he payable ut $lyLQ,
. First payment Jar on or before 0/9/96 , unJ each month thrrcullce g~+epondent 1 e g! von
credit Jn the am~nnt of S420.00 fur direct payment to PotJtlonex.
Failure to make each payment un time unJ in full will cause all arrears to become suhJect to
immediate collection by all of the means as provide) by 23 I'u.C.S.p )703. I•urthrr, if the Court
tints, alter hearing, that the Respondent has willfully toile) to comply with this OrJcr, it may declare
the Respondent in civil contempt of Court and its Jiscrctiun make un uppnrpriutr OrJrr, including,
but nut IimiteJ to, commiuncnt of the Rrsp<roJent to prison lix u period nut to cxcrrJ six months.
Payments must he made by cash, chick nr money Deter. (.'ash payments must lx: muds in
person. All checks ant money Deters must be made payable to Duntrslic Relations Section and
delivcreJ or muileJ w Domestic Relations Section, 13 North Ilunuvcr Street, I'.O. I)ox .120, C'urlisle,
Pennsylvania. 17013. kiach payment must bear your Domestic Relations nunthrr IDR ~5 ~ ) in
orJcrto fk processeJ.
Respondent is responsible 1'or service fees of 01 to he paw wilhfn .~j~y~-y.~„ us
Jrtermined by the Uomestic Relations Section.
This Order shall become final ten days after the mailing oFthe notice of the entry of the Order
to the parries unless either party tiles a written demand with the Pruthonotary for a hearing de novo
t~efore the Court.
Copies delivered to parties on
Consented:
Plaintiff%Respondent
l.)e fcndant/Petitioner
URO: R.J. Shadday
cc: petitioner and respondent
cc: Carrie Bowermaster, Esq. r~.>5-"
cc: Diane Radcliff, Esq. ~~~"h
~ola9~~4v
Plaintiff/Respondent's Attorney
[lefendant/Petitioner's Attorney
THE
Edgar B.
J.
RlEll-OFFlCE
9oOCT?_8 i~i~i 9:35
CIM~,~-",,,,.y.,~~ ~"V~l~~,~
PEiVWY1.ypNW
ROGER W. BROWN, JR.,
Plaintiff
v.
KATHLEEN A. BROWN,
Defendant
s IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
s CIVIL ACTION
: DRN 25, 796
NO. 94-5619 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of october 1996, upon
consideration of the attached Petition for Alimony Pendente Lite
and/or counsel fees, it is hereby directed that the parties and
their respective counsel appear before R.J. Shadday on
October 22, 1996 at 9:0o a.m. for a conference, after which the
conference officer may recommend that an order for Alimony Pendente
Lite be entered.
You are further ordered to bring to the conferences
(i) a true copy of your moat recent Federal Income Tax
Return, W-2's as filed.
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order,
completed as required by Rule 1910.11(c}
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have
available to you
If you fail to appear for the conference or bring the required
documents, the Court may issue a warrant for your arrest.
BY THE COURT,
Harold E. Sheely, President Judge
Date of Order: October 3, 1996
~.
R.J. Shaddsy,
-,, ,
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WAEAE YOU
MAY GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by
law to comply with the Americans with Disabilities Act of 1990.
For information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements must
be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
f
ROGER W. BROWN, JR.,
Plaintiff
v.
KATHLEEN A. HROWN,
Defendant
s IN THE COURT OF COMMON PLEAS
t CUMBERLAND COUNTY, PENNSYLVANIA
s
t NO. 94-5619 CIVIL TERM
: DRO NO.
i
: CIVIL ACTION - LAW
PETITION FOR ALIMONY PENDENTS LITS
,uD INTERIM COUNSEL FGGS AND COSTS
r~
AND NOW, to wit, this ~ day of ~~d~.LY'~ , 1996,
comae the Defendant, Kathleen A. Brown, by and through her counsel,
Jay R. Braderman, Esquire and files this Petition for Alimony
Pendente Lite and Interim Counsel Fees and Costs and in support
thereof states as follows:
1. Defendant Kathleen A. Brown, hereinafter referred to ae
"Wife", is an adult individual who currently resides at the
Harrisburg State Hospital, Harrisburg, Dauphin County, Pennsylvania
17105.
2. Plaintiff Roger W. Brown, Jr., hereinafter referred to as
"Husband", is an adult individual who currently resides at 163
Cedar Lane, Carlisle, Cumberland County, Pennsylvania, 17013.
3. The parties were married on September 7, 1968. The
parties are separated and Husband has commenced a divorce action in
the Court of Common Pleas of Cumberland County, Pennsylvania.
4. Wife is currently without sufficient income and/or
property to provide for her reasonable needs during the course of
the pending divorce litigation.
5. Wife has employed counsel to represent her in the divorce
action and has agreed to pay counsel a reasonable fee.
6. Currently Wife is without sufficient income and/or
property to pay her counsel.
WHEREFORE, Defendant Kathleen A. Brown respectfully requests
this Honorable Court to enter an Order directing the Plaintiff to
pay Wife alimony pendente lite as well as interim counsel.feea and
coats.
Dates `
submitted,
12 L cuat Street
.0. ox 965
Ha iaburg, PA 17108-0965
(717) 232-6600
Counsel for Defendant
Kathleen A. Brown
2
VLRIlICATION
I, Jay R. Braderman, as counsel for Defendant lfathleen A.
Brown, hereby swear and affirm thet the facts contained in the
foregoing Petition are true and correct to the beat of my
knowledge, information and belief and are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to uneworn
falsification to authorities. I verify this information on behalf
of my client as she is currently a ward of the Commonwealth of
Pennsylvania and resides
k
~~tsrtcA~ION OT @ERiF! C~
,~
~~
I hereby certify that i am thin day serving a true and correct
copy of the attached Petition on the following individual by First
Clare United Staten snail addressed as follows:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp sill, PA 17011
Counsel for Plaintiff
Roger W. Brown, Jr.
Date: ~ ~~ 1
O} ucauw../ ..ry
ocu t Street
. Box 965
rieburg, PA 17110
~. ~
~ ~..
,C.
i:; '
~ ~ .. '. ti~
r~.
i~ _
o,
~;! ~.; c:~ .y
~-= m ~
• ~ ~.' } _
~'~' ~ ~,
1
Y
r ~
J
w
.~
.~
t~
a
~ s
W
~
~
~
ILLL xJ
N$y
.~'.
3
S ~
CC ~ow
~;a
~ ~ ~
'm
N
Q
I
-n the Court oP Common Pleav of CUMBERLAND County, Pennsylvania
DOMEb'TIC RELATIONS SECTION
KATHLEEN A. BROWN
PI•rinliff
vs.
ROOBR W. BROWN JR
DCfC11118111
AND NOW to wit, this
{~
Drxkrl Nwnhrr `9~ fi1ti~
PACSES Ca+r Numhrr 201000035
Olhrr Stalr ID Nunlhrr UQ. 2S 7 9l0
Order
JANUARY 16, 1998 it is hereby Ordered
that:
PURSUANT TO TH6 PARTIES MARRIA06 SETTLEMENT AORBEMENT OP DECEMBER 29, 1997,
THB ORDER OF ALIMONY PBNDBNTE LIT6 IS VACATED, BPFBCTIVB DECEMBER 29, 1997.
THERE IS NO BALANCE DUB THB PETITIONER.
cv -: N
'in;-- N
„~~m
.' o
..moo
a `n
,.~~t
?r'q
,:y
y0
s y __
~:K ~
N
BY THE COU-~T: +~
'i,i
~~ _
~' SIX
4 4k'j
DFtO: R.J. Shadday DQO __ r
ccl plaintiff and defendant -~,,.,.G.,1 F.dga ley, J(jjy(;E
/U M..c.a
6 ~
~i111G~~1 C Fem.
Funu OE-OOl ~ {~
.__~.
Srrvicr Typr M Worker ID 21005 =
,_ _.
~, ~ ~.
~~
~~ --r
<. -
.. :,.1 _
C: •~
Pa 1 i:;
_~. r'
~: __ rl
~ it 1
t: ~ j
:~
pr1 3 0 200~~~
DAWNA J. ELDER,
Plaintiff
v
JIMMIE L. GEORGE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO.1994-5618
IN CUSTODY
COURT ORDER
~~~~-
AND NOW, this S~ day of 2007, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that this Court's prior Order of
December 30,1994 is vacated and replaced with the following Order:
1. The mother, Dawna J. Elder, and the father, Jimmie L. George, shall enjoy shared
legal custody of Karissa Ann George, born January 12,1994.
2. The mother shall enjoy primary physical custody of the minor child.
3. The father shall enjoy periods of temporary physical custody of the minor child as
follows:
A. On alternating weekends during the school year from Friday at 5:00 p.m. until
Sunday at 7:00 p.m. When the minor child has commitments with the swim
team on Sunday evenings, the father will get the child to the swim team
commitments.
B. During the summer months, the alternating weekends shall be from Friday at
5:00 p.m. until Monday at 8:00 p.m.
C. Every Wednesday from 4:00 p.m. until 8:00 p.m. Mother shall deliver the
minor child to the father at or about 4:00 p.m. and father shall return the
minor child to mother at the end of the Wednesday evening visitation.
D. Father shall also enjoy a minimum of three separate weeks of vacation time
with the minor child during the summer months. The parties shall
communicate with each other to arrange those weeks.
4. The parties shall continue to share major holidays with the minor child pursuant to the
schedule that has been in place over the past few years.
5. For exchange of custody on the weekends, mother shall deliver the child to the father
at the beginning of the weekend and father shall deliver the child to back to the mother
i 'J ~ i i ¢~
fit? i~'~~ L ~ _~ ~{~-i ~. a.
._ .i _,... . _! ,fr
at the end. For exchange of custody on Wednesday evenings, mother shall deliver the
child at the beginning and father shall deliver the child back to the mother at the end.
6. The vacation week long visitation schedule set forth above shall be from Friday
evening until the following Friday evening.
7. The parties may modify this Order in any way that they agree upon. Absent an
agreement, the parties shall follow the Order. In the event either party desires to
modify the Order, that party may petition the Court to have the case again scheduled
with the Custody Conciliator for a conference.
BY THE COURT,
. A ,~,
Judge
cc: Thomas D. Gould, Esquire
Johhna J. Kopecky, Esquire
o~~esm~.,~,
ii~~ f o7
-.
DAWNA J. ELDER,
Plaintiff
v
JIMMIE L. GEORGE,
Defendant
Prior Judge: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
N0.1994-5618
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Karissa Ann George, born January 12,1994.
2. A Conciliation Conference was held on October 25, 2007, with the following
individuals in attendance:
The mother, Dawna J. Elder, with her counsel, Thomas D. Gould, Esquire, and the
father, Jimmie L. George, with his counsel, Johnna J. Kopecky, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
Date: ~Q~~~--v~
Gilroy, ~ quire
Custody