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Home My WebLink About94-05966 . . Spouwlupport; and, WHEREAS, each party is fully familiar with the martial property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, WEREFORE. the parties hereto. intending to be legally bound, do hereby covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents with the Court contemporaneously with the execution of this Agreement. Counsel shall withdraw their respective clients' claim for economic relief. The Wife's attorney shall file the Praecipe To Transmit The Record and obtain a Divorce Decree without delay. Should either party do anything to delay or deny the entry of such a decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement. the other party may, at his or her option, declare this Agreement null and void. ab initio. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. This Agreemenl shall be incorporated inlo the Divorce Decree but shall not merge with the Divorce Decree. No Court may change the terms of this Agreement and it shall be bindina and indusive upon the parties. An aclion may be brought al law, in equity or pursuant 10 the provisions of the Divorce Code to enforce this Agreement by either :1 2 tJ' . . . Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement. this Agreement shall remain in full force and effect in the absence of a written Agreement signed by the parties expre55ly stating that this Agreement has been revoked or modified. 3. Husband shall return to Wife what remains of the Heinkel knife set, the Waterford pen, the inner tube. the cappacino machine and the Beatle dolls. Except for the foregoing, the parties have divided between them to their mutual satisfaction their personal effects. household furniture and furnishings. automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names. The party receiving sole ownership of such items shall pay all costs associated with the transfer. 4. The parties have divided between them to (heir mutual satisfaction all Intangible personal property, consisting of cash. bank accounts, annuities. securities, insurance policies, pension and retiremenl rights. whelher vested or contingenl. and all olher such types of property. The parties hereby agree that 311 such intangible property presently in the po55ession of or titled in the name of the Husband shall be his sole and separate property and in that which is in the possession of or titled in the name of Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of Ihe other. vesled or contingenl. and each party 3 J ,I,' will retain full ownership of such rights as his or her sole and separate property. 5. Following the parties separation, Wife purchased real eslale localed 540 North Hanover Slreet, Carlisle, CUmberland Cuunty, Pennsylvania, using funds given 10 her as a gift from her falher, Claylon Hoke. Husband agrees 10 waive any right. title, ownership or interest In this real estate. 6. The parties have significant martial debt, including debts to Mellon Bank, Mellon Bank Mastercard, AT & T Universal Card, John Wannamaker's and the Internal Revenue Service. Husband agrees to pay Wife $400.00 per month, beginning August 1, 1995, for a period of seven consecutive month~ for the purpose of repaying his share of the marital debt in Wife's name. At the conclusion of these payments, Husband agrees to pay Wifc the lump sum of $2.000.00 on March 1, 1996, which payment also represents ~cpayment of Husband's share of the marital debt. Wife shall be solely and individually responsible for the payment of the entire remaining balance. including interest and penalties due and owing to Mellon Bank. AT & T Universal Card. Mellon Bank Mastercard and John Wannamaker's. Husband shall be solely and individually responsible for the payment of the cntirc remaining balance owed to the Internal Revenue Service for any tax liability incurred by the parties in tax years 1993 and 1994. Wife represents that she filed an income tax return in her name alone in 1994. and she owes not additional tax liability to the IRS for 1994. 4 4 7. Wife agrees to indemnify and save and hold harmless the Husband for any liability upon the obligation hereby assumed by the Wife in accordance with the terms and conditions set forth in paragraph S of this Agreement. Husband agrees to indemnify and I' save and hold harmless the Wife for any liability upon the obligation assumed by the Husband in accordance with the terms and conditions set forth in paragraph 5 or this Agreement. 8. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and save and hold harmle55 the other from and against all such debts. liabilities or obligations of any kind , which may have heretofore been incurred between them except the obligations arising out of this ^areement. 9. Both parties covenant. warrant. represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts. charges, or liabilities incurred by the other after the execution of this Agreement. except as may be otherwise specifically provided for by the terms of this Agreement and neither of Ihem shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party further aarees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligalions of or assumed by the other. which Indemnlfl(ation a5 10 all provisions of Ihis Aareement shall indude the riaht to re(OVer out of pocket expenses and rea.~onable allorney's fees actually incurred. !l tJ. I" ~ . 13. Wife does hereby release, remise, quitclaim and forever discharse the Husband and the estate of the Husband from any and all claims she now has, every may have or can at any time have against the Husband or his estate or any part thereof, whetha arising out of formal contracts, engagements or liabilities or the Husband, arising by way of the widow's right or under the Intestate law, arising by any right to take against the Husband's Will, arising under the Divorce Code, Act 26 of 1980. as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 14. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to provisions of the Divorce Code or otherwise shall enforce the provisions of this Agreement. the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred. from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 15. The parties do hereby warrant. represent and declare and do acknowledge and aaree that each is and has been fully and completely informed of and is familiar with and is cognizant of the. wealth, real and/or personal. estate and assets. earnings and income of Ihe other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Aareement is specifically waived. 7 tf . SUSAN J. WIDMER, Puint.iff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94-5966 CIVIL TERM I I CIVIL ACTION-LAW I IN DIVORCE v.. CHARL!S E. WIDMER, Defendant. p~C:l'! ':0 n.\.'lS~tI! a!COR:> 'to chi p~ochonoca~1: , 'trlnl=1c che :Ieo~~. to,lchlr ~ith chi follovi111 lllfor=aciOll. co the court for Incr/ of a di'lO~ce dle~ll: 1. Ground !o~ di~orCI: 330l(c)u i:nc:ilvlble breakdown undlr Slction ~J l(lllttlOX (1) of t~1 :li.torCI Codl. (St:i~1 out ina;l;llicable uction.) :. tlatl anci ::anne: of sartiel o! thl e~l\I;ll&1nt: SERVICE ON THE DEFENDANT BY U.S. CERTIFIED MAIL ON OCTOBER 21, 1994. 3. (Colll;llltl li:~e: ~ara,ra9h (al or (bl .) (al Oat a of I~ec~tion of thl af!idavit of con,lnt ra~uirld by Slction 201(e) of chi tli'torcl C.:ldl: by thl ,1&1ntiH AUGUST 10, 1995 AUGUST 10, 1995 by 4ahnciant ;llainciff'. af!~ciaviC rlquireci by nla (b) (1) :latl 0 f 1~leucion of thl Sletion :Ol(d) of che Divorce Codl: (2) tlace of .ervicI of che plaintif!'. af!idavit upon clle 4efenGaDCl '^ I,. 16. 'Ilaud cla1lU ;lendina: Nn1\Jp. ,. InciicacI ciaca anci =annl: of .erv1cI of chi llociee of inclnCion co fl1e ,I.lcipe co cran.lIIit rlcord, and Ictac~ I copy of .Iid nocicl under .ectiOll 101 (d)(l)(1) 01 che tl1vore, COdl. NONE An~~~) M~C!lI\S" '" SCtlERER, ISO. (~t01llrlN . . ~ 'S , ...l f "-" 1 "'1 .~ ~ . t, ~ ~ ' ] ~ l '-l . ..,. en . c::t::: ~ ~ - - " '~, :r.: ""'" 0._ ~ -<>-;) ;j ~~I \"" ~ - '';1' "". 0 v; ~ ~ ....... '0 .... - - ... i~ = .... ~ 3 . ~ ". I'l oc c ~ ~ " ~~ . . t - ~~ ~~ "-' ...l <r, ~ ~ < Hfol ~ ~ <=l ~!il t .t3 ~ F ,: :- .... ~ u~ ~ ,..) '" ... . ~ ~ . r . <l > ,.j ii ,1 S P .., .... ~ <=l " ~~ .... :1( .. i~ H :z c: ; ~ ~ H "-' , ~ ii: .. 'r. :=> co ~ <Il '-, I ~ ~ <t '" ~ . . . . . . g. The Plaintiff hu been adviled of the availability of c:oun.eeling and that she nay have the right to requeet that the court require the parti. to participate in COWllIelill9. MlBlWac, Plaintiff reepectfully requests that this Honoreble COurt lI,ter a decree in divorce .. to the lllIII't'iage bet..-n Plaintiff and Defendant. CDlNI' II - IXlJI'I'llRT.II! DIS'IRIBt1I'ICN 10. Plaintiff hereby incorporates by reference ell of the averments contained in paragraphs one through nine of this Calplaint. 11. 'nIe parties have aoquired bane furnishings, bank acoountl, and other miscellaneous it_ of personal property during the tinWl of the l'IIIITiage, which it_ are l1IIU'ital property. 12. The parties have been unable to agree as to the equitable division of said l'M1"ital prcpe1'ty. wtII!:REJalE, Plaintiff respectfully requests that this Hoooreble COurt enter a decree which effects an equitable distribltion of the l'M1"ital p.l'qlIX t y. CDlNI' III - A!.DDrf P\l!NrIl!tml! LITE. ~ ras. OOSTS AND EXPDlSE~ 13. Plaintiff hereby incorporates by reference all of the 8VeIlllIIIlts in paragraphs one through twelve of th1s Calplaint. 14. Plaintiff hu enployed counsel oot is unable to pay the neceesaxy and rlll80nable attorney's fees for said counsel. 15. Plaintiff is UMble to sustain herself during the c:oune of this litigation. ~, Plaintiff requests y<7<U' Honoreble Court to enter an -ro of .UlNlny pelldellte lite and to furthe.1' lMU'd such aailtional CClUllIIel feee, coets and aperIMlI .. are dlMIIlsd 6w& op. iate. V. CHARLES E. WIDMER, Ocfendanl IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA 94.5966 CIVIL TERM IN DIVORCE SUSAN J. WIDMER, Plaintiff ~FFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was flied on October 17, 1994. 2. The marriage of Plaintiff and Defendanl is irrelrievably broken and ninety days have elapsed from the dale of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree In divorce, the right to claim any of them will be lost. S. I have been advised of the availability of marriage counseling and understand that I may request that the court require Ihat my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 6. I am not a member of the armed forces. nor in active military service. of the United States of America or the Commonweahh of Pennsylvania. I verify that the statements made in Ihis affidavit are true and correct. I understand that false statements herein are made subject to the penahies of 18 Pa. C.S.. Section 4904, relating 10 unsworn falsification to authorilies. Date: I"J~ &~~M 9:r _ '~. ~- ~ SUSAN J D ER , , WI 55 . U.b:""'~ c, . 1e~8:=: ~':tQ:;" " - n~%>, - . ~'J'" .. \.~\ \'1: ~V') jj)I,l..(x:l! ":I" ~~ hJ!M;I': .~ J.:c;r.)~ - ..z .II '" OQ ~ ,.- . , " . .m",.,,1 ,.. N ~ tr, - r~ ~ II'( ~ if, ;1~ f' . I),:r . ~ ,: -i .I." I:' -.t . ,']~ 1"1:' ..... ,.~ 'j' I I' :J ~l': '....I "~I' '. i~.) ;111 - ., d g ::: ! ~ I a ~,. ~ ~ ~ ~ II ~ ~ ~ s i ~ ~ - ~ < . '.) o " . . , JUlW.. .~. ~ P) ~ v: .. '") C"1 :;:-l..-f. t~: . () ..1 ,1:\ ' .- iJ:;: ..... I." . u.. .' (,'t I,; r,'~ ~l 'T' . . '.i.f';> Lll" I .1,.," e:y (.) 1\':"'" ';'!i~j .: L.,j " ] c.: C.~-J lL '" :':i 0 (" u I ~ ~ , S a:l i o . . . , iJt.{; I) 3 ~ 1/ ' "' ~ .. ~ ~ < ", > iE ~ ~ i ; , ~ ~ - :; " < v . . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5966 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE SUSAN J, HOKE, formerly SUSAN J. WIDMER, Plaintiff CHARLES E. WIDMER, Defendant eEIlIlON FOR COl!lTEMPT AND NOW, comes the Plaintiff, Susan J. Hoke, formerly Susan J. Widmer, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents: 1. The Petitioner is the Plaintiff, Susan J. Hoke, formerly Susan J. Widmer (hereinder referred to as "Wife"), an adult individual who reside. in Carlisle, Cumblarland County, Pennsylvania. 2. The Respondent is the Defendant, Charles E. Widmer (hereinder referred to as "Husband"), an adult individual who resides at RR 1, Box 377B, East Brady, Armstrong County, Pennsylvania. 3. The parties were divorced on August 16, 1995, by virtue of a Decr.. in Divorce signed by this Honorable Court. 4. The August 16, 1995 Decree in Divorce incorporates as a final Order the parties' Marital Settlement Agreement dated August 10, 1995. 5. The Marital Settlement Agreement dated August 10, 1995 provided that Husband wat to make certain monthly cash payments to Wife for joint marital debt incurred by the partie.. 8. The Wife has filed numerous Petitions for Contempt ...king to enforce the terms of the M81rita' Settlement Agreement. and this Honorable Court has entered several Orders in respon.. to the Petitions for Contempt filed by the Wife. 7. The moet recent Order of Court entered in thle matter was dated Jun. 14, 1896, and provided that Husband wae to pay Wife the eum of '3,540.45 pluslnt.r.at at the rate of 6% from March 1,1996 and '757.00 In counsel fees. A copy ofth. June 14, 1996 Order ie attached hereto as "Exhibit A." 8. HUlbend remains in arrears on the obligation to Wife in the amount of $3, 197.90, as Ht forth in "Exhibit 8," which Is attached hereto. 9. Wife has Incurred additional attorney's fees in pursuing this matter, which total approximately '1,500.00 to date. 10. Husband has certain pension benefits with the Air Products and Chemicall, Inc. Pension Plan for Salaried Employees, which benefits he is entitled to receive commencing February 1, 2000, in the amount of $1,465.17 per month. 11. Wife has made efforts to have a Qualified Domestic Relations Order approved by the Plan Administrator of pension which Defendant is entitled to receive commencing February 1, 2000, but those efforts have failed. 12. The Domestic Relations Code provides that the Court can attach wages to direct compliance with an Order of equitable distribution. SII, 23 Pa.C.SA section 3502(e)(8). 13. Wife is s..king an Order from this Court directing the Cumberland County Domestic Relations section 10 attach the pension benefits of Husband in order to satllfy his obligations regarding the August 16,1995 Order of equitsb/e distribution. 14. Husbend's 'ailurelo pay Wife is wilful and Husband will not communicate with undersigned counsel. SUSAN J. WIDMER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. CHARLES E. WIDMER, Defendant IN RE: CONTEMPT 94-5966 CIVIL TERM ',' o ROER., OE_COlJRT AND NOW. this 22nd day of January, 1996. this matter having been called this dote Pdrsuant to an order of December 20, 1995, for a final adjudication of contempt period, I find defendant in will ful contempt of court. You may purge yourself of contempt on this proceeding by making a payment to wife not later than Friday, January 26. 1996, in the amount of $1,000.00. If you foil to purge yourself of contempt by making that payment on Friday, yOU should report directly to the Cumberland County Prison at noon on Saturday. January 27. 1996. If yOU foil to purge yourself of contempt. you ore sentenced to 0 term of imprisonment of six months. at which time yOU may purge yourself of contemQt at anytime by making the $1.000.00 payment os directed. Michael A. Scherer. Esquire For Plaint! ff Charles E. Widmer. Pro SI! RLlral Route ,1. Box 377-11 Eas t Brady, PA 160i'8 CCP .. Edgor'ir B -yfey~-T---- _ ~...., (-1.~ . {.1.'iIQ(p, ,,&, f" , 'Illrs .... 4 ~ :;;: I'" (!) ~ .; (;) I .. , .... 1t.,1 . - ..1. ., .~ (" , .', :' (I: .'.; I ( )' \ ' r..~ \ '.'! L': I I. .' , ,.. ,','\ [,..' , I.L.. I C. 1 1.'. 1'-' C, l)\ (/) .c Cal ..:I Cl. . :z:>- .. I~~ oo:z: uu..c > c...:I..:I o:z: >- .. =p~ ~~:z: _CalCal 8~Cl. CalU =c.. "0 :z: . D: Cal x... .:I... ... 3.... ., . C ..,.... III ~~ (/) ::l (/) ~ Cal X .:I ...., 3 C III .~ tiJ C QJ (/)... tiJQJ ..:ICl D: ..: = CJ > . . I I I I I" I I 2: I I I<l I I X I I CJ I I D: I I 0.. I I c.. Q. I I 2: X I I I<l tiJ I I .. I I D: 2: I I 00 I I c.. CJ I I I I 2: c.. I I 001 I'" I I" I I'" I I" I I "" I I Q. I I I I I X D: "" .. ..:I ...tiJ >CJ ...0:: CJO > <D... <D.:I a> III 2: '''' 'l' "" '" ~ t ~ 11 ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o.j ~ ~ ~ o ~ c. o z . '. ~ .It ,.,n,( \ ., .' ~ . SUSAN J. 'UDDR, Plaintiff v. IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5966 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CHARLES .. WIDNlR, Defendant ..'.fIIflIO. .0. ...aaeRUII", a. can....-r AND NON, comes the Plaintiff, Susan J. Hoke (Widmer) by and through her attorneye, O'Brien, Baric and Scherer, and respectfully represents as followe: 1. The Plaintiff, Susan J. Hoke formerly Susan J. Widmer, is an adult individual, who presently resides at 540 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, Charles E. Widmer, is an adult individual, who preeently res idee at 377B Seybertown Road, Ea.t Brady, Clarion County, Pennsylvania. 3. The parties to this matter are divorced by virtue of a decree in divorce signed by the Honorable Edgar B. Bayley on Augu.t 16, 1995. 4. The August 16, 1995 decree in divorce incorporate. a. a final Order of Court the Marital Settlement Agreement .igned by the partie. and dated Augu~t 10, 1995. 5. The Marital Settlement Agreement required the Defendant, Charles I. Widmer, to pay the Plaintiff, Susan J. Hoke eWidMer) monthly .ums of monsy towards the parties' marital dsbt. 6. The Defendant has failed to make such payment. to the Plaintiff. 7. On June 14, 1996, this Honorable Court entered the following Order in thie matter: AND NOW, this 14th day of June, 1996, following a hearing, I find defendant, Charles B. Widmer, in contempt for failing to comply with the terms and conditione of his marital settlement agreement to pay plaintiff, Susan J. Widmer, $3,540.45. Defendant may purgl himself of contempt by paying $500.00 to SUlan J. Widmer on July 1, 1996, and $500.00 each month th.reafter until $3,540.45 with legal interest of 6' calculated from March 1, 1996 and $757.00 in counsel fe.s are paid in full. Should defendant fail at any time to comply with the terms of this Order a hearing will be scheduled for enforcement. Said Order is attached hereto as Exhibit 'A". 8. Subsequent to the entry of this Court's June 14, 1996 Order, the Defendant made two payments to the Plaintiff, in the amount of $500.00 each, which were received on July 5, 1996 and August 30, 1996. No other sums have been received by the Plaintiff and counsel has not received any sums towards the counsel fees ordered in the June 14, 1996 Order. 9. The Defendant was previously found in contempt of court on January 22, 1996 by this Honorable Court for failure to pay the sums due which are at issue in this petition. A copy of said Order is attached hereto as Exhibit "8." 10. Undersigned counsel has spent additional time attempting to contact the Defendant by telephone, filing this petition and bringing this matter to court in an effort to force the Defendant to comply with his obligations. V. CHARLES E. WIDMER. Defendant IN RE: CONTEMPT IN THE COURT OF COMMON PLEAS' OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW . SUS~N J. WIDMER. PlalnU ff 94-5966 CIVIL TERM ORDER OF COURT AND NOW. thls 22nd day of January. 1996. thls matter havl~g been called thls dote pursuant to on order of December 20. 1995. for 0 flnal adjudication of contempt period. I find defendant in willful contempt of court. You may purge yourself of contempt on this proceeding by making a payment to wife not later than Friday. January 26. 1996. in the amount of S1.000,OO, If you fail to purge yourself of contempt by making thot payment on Friday. you should report directlY to the Cumberland County Prison ot noon on Saturday. January 27. 1996. If yOU fall to purge yourself of contempt. you ore sentenced to a term of imprisonment of six months. at which time you may purge yourself of contempt at anytime by making the S1.000.00 payment as directed. Michael A, Scherer. Esquire For PloinU ff Charles E. Widmer, Pro se Rural Route '1. Box 377-B East Brody. PA 16028 CCP yley:- J. } EXHIBIT B TRUE COPY FROM RECORO In Tesllmony """(rcel, I here unlo WI my hand and Ihe sedl 01 said (OJ" al Carlisle p. .xL . ... This ..~.If. .... day OIQ...,..,..H, )9,9.~. ..............~~~..P!t::~..__. : prs SUSAN J. WItItIR, IN 'nil CXXlRT at CX'IIQ PL!AS at c:tIIlBR1AND cxum, Pl!2NM.VANIA CML ACl'IQi - LAW NO. 94-591111 v.. 0IARIa E. WIlJlER, Plaintiff Defendant IN DI\QQ: lDI'ICI: ~ IP.J JIY'OI'T,.., m RPmIUcII! H1U[D/ NAMP: Notice 18 hereby given that the Plaintiff in the above IIIIltter, havinq been granted a Final Decree in Divorce fran the Bonds of Katrinaty on the 16th day of August, 1995 hereby elects to retake and heree.fter un her prior NIlIe of SUSAN J. JQCE, and gi~ this written notice avowinq her intention in acCOrdance with the provisions of the act of May 25, 1939, P.L. 192 (23 P.S. 98), as snended. Dated: August 18, 1995 ~~.~~ - <XMa.tlIAL11f at PIalSYLVANIA <XX.Wl'Y ~ ~ mBE~AB ~~' ~.J/.JfI . '41 SUSAN J. . ss. ~ the 18th day of August, 1995, before me, a notary public, penoJlally lIR*Ired SUSAN J. WIIHR to be known as SUSAN J. JQCE, known to me to be the person whoee name is su.becribed to the within cJocwt.nt, and 4CknowledlJed that she executed the foregoing for the p.upoee there.in CClIltain<<t. IN WI1M:SS 1flI:RIa', I have hereunto set my hand and official HIll. ~~F?'4~, NoIafaI s..I ~~~.~~ c....liloIo, Cumt......ldc.,..",. Mvf:.;(!~,"llfJJon!.:~~."'ijj~Oct 7, ,_ "'I. ...i:"J~.~ta;:;I~~';~~:;'1lT',,\! r:'~ "'1';'''i''t'f"1''~i/I:"'~ "'r"fJl,.,t\;';'.~Ji';1'iWtfl'it11~.,::<r~i'1W'1,:'I~'I~r1iffC~lid'jfd\,11 "'" I ,- - 'Ie,".', - ,',1' I " ~ ~ M lA "t: 4- 0 !'" 'j- . fi2~ ~ .lo . ... u.. ~ ~ :I: a:> <'"6 - c. ~:a--.J '\ - ; () .)0. ,.;)"'~'" ~ n. a:"- -:A - ~J,~~z ...., 'r "'t ~ .. ..~ .a: q <l "'G ~ 0 ... " J * l~ ~ ...., .... :;'J ~ > '1 t., _ ,-.: ., , .~r h. ~ Irl 0') " en ~ o~ r.; :;.~ ~ III t 011 + + Ial + + "" + f..o+ a- . + ~+ >- . + x+ X :z:f..o . "" + Ial+ "" '" OZ "" Ial + f..o+ Ial ~ ;:; 1=:1< Ial X + z+ r< " ~ - 0... X... 0..., + 0+ OU;:j 0... ...c + U+ ""Ial ~ ~ S Uo ... 31:", + + ...U ~ ~ 31:'" >"" ~ ~ ~ > t ",,+ c..;:j"" .. ,'0 ...0 ~ U ~ ,: . C , + 0+ > IalC t)> '" 0",,>- ..,'" CII + ",+ ... ~ ~ r:: , ""Ill + + ~ '" C/l'" ",0 ~ f..olal~ Z'" WCII + Z+ r, ~~Ial <~ ",,0 + 0+ "'Z ~ . ~ + f..ot "'... ,. o a- III "" + ...+ III 02 .r, Ou =:I -< + f..o+ I 1XJ ~ III :I: + ...+ <l' 0 Ial", t) + Ial+ '" :Co + ~+ f..o + + + + :z: + + ... + + . , " . . . . . , J'J!, ,,I III v. IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5966 CIVIL TERM SUSAN J. WIDMER, plaintiff CHARLES E. WIDMER, Defendant CIVIL ACTION-LAW IN DIVORCE PSTITIO. POR CO.TSHPT AND NOW, comes the Petitioner/plaintiff, Susan J. Hoke (Widmer) by and through hsr attorneys, O'Brien, Baric and Scherer, and respectfully represents as followH: 1. The Petitioner in this matter is the Plaintiff, Susan J. Hoke, formerly Susan J. Widmer, an adult individual, who presently resides at 540 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent in this matter is the Defendant, Charles E. Widmer, an adult individual who is represented by Ronald E. Johnson, Esquire in connection with this matter. 3. The parties to this matter are divorced by virtue of a Decree in Divorce sign.d by the Honorable Edgar B. Bayley on August 16, 1995. .. The August 16, 1995, Decree In Divorce incorporates as a final Order of Court the Marital Settlement Agreement signed by the partie. and dated August 10, 1995. A copy of the Decree In Divorce i. attach hereto as Exhibit "A." 5. The above mentioned Marital Settlement Agreement states on page 4 at paragraph 6 "the partill8 have significant marital debt, including debts to Mellon Bank, Mellon Bank Mastercard, AT . , . T Universal Card, John Wannamaker's and the Internal Revenue Service. Husband agrees to pay Wife $400.00 per month, beginning August 1, 1995, for a period of seven consecutive months for the purpose of repaying his share of the marital debt in wife's name. At the conclusion of these payments, Husband agrees to pay Wife the lump sum of $2,000.00 on March 1, 1996, which payment also represents repayment Husband's share of the marital debt.... 6. The Defendant has not made October or November's payment according to paragraph 6 of the Marital Settlement Agreement. 7. The paym6nts that the Defend,nt is to make to the Plaintiff represent Defendant's share of the marital debt which is predominantly in the Plaintiff's name. The Plaintiff continues to receive bills from the various credit card companies, and she is in need of the assistance of the Defendant in order to meet these obligations. 8. The Marital Settlement Agreement also states on page 3 at paragraph 3, "Husband shall return to Wife remains the Heinkel Knife Set, the Waterford Pen, the inner tube, the cappacino machine and the Beatie dolls..." 9. The Defendant has not returned the Beatle Doll collection or the inner tube as required by the Marital Settlement Agreement. 10. The Plaintiff believes and therefore avers that t.he Defendant's failure to pay the sums set forth above and his failure to return the personal property is wilful and that the Defendant at all times material hereto has had the ability to make the above payments and to return the personal property. " 11. The parties Marital Settlement Agreement at page 5/ paragraph 9/ provides that "each party further agreets to indemnify and save and hold harmless the other party from any liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney fees actually incurred." 12. By letter dated October 12/ 1995/ undersigned counsel notified Ronald E. Johnson, Esquire of the Defendant's failure to perform his obligations pursuant to the Marital Settlement Agreement. A copy of said letter has been attached hereto as Exhibit "B." 13. The Defendant has not contacted the Plaintiff, either directly or through counsel, regarding his failure to perform his obligations under the Marital Settlement Agreement. WHEREFORE, the Petitioner respectfully requests that: a. The Court find the Defendant in contempt of court for failure to perform his obligations under the Marital Settlement Agreement; b. The Court Order the Defendant to make his monetary obligations to the Plaintiff current and to provide the Plaintiff with the personal property she is entitled to under the Marital Settlement Agreement; c. The Court direct the Domestic Relations Office to enter an appropriate order to effect a wage garnishment of the Defendant; " ~! "- ;r-..~ ':'$- t C'>.I .' .j , 1'1' ,.r'J ~ l" L.. t, 1. .J , fL.1 t' . ~ L ,. I . , t, " II) .c + + Ial + + ~ . + . g,,~ + + :z" + E-< + + + x 18.c . . + a.. + l>l l>l l>l + X .. ~ ~ CU .. ~ + E-< ou~ x.... X + E-< + " OQ Q.... ~.. .. :z + ..l~ ~ 0 .... 0 :z> 3l.... ..... c + + ....u .. u ~ ro. .c ,~ .. :J: III + + >0<: ~ ~ ~ O..l>< . c 'tl + 0<: + ....0 ..l>ll/l ..,.... > . c + 0 . u> ~..~~ S:rJ~ III CU III + t.. + z.... ... + + "'.... o~~ <a.. Ul III + :z + ",Q ~ ~ ~ ! o g" en CUQ + 0 + ~:z ~ + + U => ClI: + .... + ,.... rJ ~ ~ Ialt.. en 0< + E-< + 'l' ~O ::t: + .... + 0\ ~ :.: '" 0 + E-< + o ~ + ~ + . :z + a.. + 0 .... + + :z + + + + -.. " . . APfi ~ f' I,J '1Iflt)tr . v. IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5966 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE SUSAN J. WIDMER, Plaintiff CHARLBS E. WIDMER, Defendant .BTITIO. POR CO~BMPT AND NON, comes the Petitioner/plaintiff, Susan J. Hoke (Widmer) by and through her attorneys, O'Brien, Baric and Scherer, and respectfully represents as follows: 1. The Petitioner in this matter is the Plaintiff, Susan J. Hoke, formerly Susan J. Widmer, an adult individual, who presently resides at 540 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent in this matter is the Defendant, Charles E. Widmer, an adult individual, who presently resides at 377B Seybertown Road, East Brady, Clarion County, Pennsylvania. 3. The parties to this matter are divorced by virtue of a Decree in Divorce signed by the Honorable Edgar B. Bayley on August 16, 1995. 4. The August 16, 1995, Decree In Divorce incorporates as a final Order of Court the Marital Settlement Agreement signed by the parties and dated August 10, 1995. 5. The above mentioned Marital Settlement Agreement states on page 4 at paragraph 6 "the parties have significant marital debt, including debts to Mellon Bank, Mellon Bank Masteroard, AT , T Universal Card, John Wannamaker's and the Internal Revenue Service. Husband agrees to pay Wife $400.00 per month, beginning August 1/ 1995/ for a period of S8ven consecutive months for the purpose of repaying his share of the marital debt in Wife's name. At the conclusion of these payments/ Husband agrees to pay Wife the lU1llp sum of $2/000.00 on March 1/ 1996, which payment also repreeents repayment Husband's share of the marital debt.... 6. The Husband owes the Wife $3/000.00 pursuant to the provisions of paragraph 6 of the Marital Settlement Agreement. 7. Husband has still not returned various items of personal property to Wife pursuant to paragraph 3 of the Marital Settlement Agreement. 8. Husband agreed under paragraph 6 of the Marital Settlement Agreement to be responsible for any debts to thfl Internal Revenue Service for the tax year 1993. 9. The Wife recently had her federal income tax refund in the amount of $540.45 confiscated by the IRS relative t.., tax obligations of the Husband for the year 1993. A copy of the IRS notice is attached hereto as "Exhibit A." 10. The Plaintiff believes and therefore avers that the Defendant's failure to pay the sums set forth above and his failure to return the personal property is wilful and that the Defendant at all times material hereto has had the ability to make the above payments and to return the personal property. 11. Th. Marital Settlement Agreement provides at p~ragraph 14 that attorn.y. f.e. .ha11 be recoverable by the successful party if a 1.Q.1 .ction 11 commenced to enforce the terms of tne AQn.m.nt, 12. Und.r.iQned counsel has generated a bill to date in the amount of $720.00, and undersigned counsel's bill will continue to Qrow .. .dditiona1 intervention by the court in this matter is n.e....ry. WHIRlrORl, the plaintiff respectfully requests that this court .nter an order finding the Defendant in contempt of court for fa1l1nQ to meet h1l obligations under the Marital Settlement AQuement and, punuant to 23 Pa.C.S.A section 3502(e), order that: a) judgment be entered in favor of the plaintiff and against the d.fendant for $3,540.45; and, b) int.r..t be awarded on the above judgment at the legal rate from March 1, 1996 until paid in full; and, C) the defendant to be committed to county jail for up to six I\IOnth., and, d) counsel fees be awarded to undersignod counsel in the .mount of $720.00, and, .) the wag.. of the defendant be attached and his future monthly p.nBion payments be attached by the Domestic Relations Office, and, f) the defendant provide the plaintiff with the personal property required by the Marital Settlement Agreement; and, Q) .uch other relief as the court deems just. "tAtAo. POIt' Coateapt are true and correct. r verity that the statements made in the toregoing YBRJP'JCATJOtf tel.. at.tements herein are made Subject to the penalties ot 18 Pa. C.,. · 4904, relating to unsworn falsification to authorities. I understand that DATID I ~J~1'~ ~ h:'.~ SUSAN J HOK! ~ ii ?, (') l' f' ...r LlJ (', ~. ':.". "".::- h" '" f. ;: ' ~." " -.; :.1 ~:':~. (~'.J ") {~ , '. f,[/ '. .' . " .oj , ;-- :',!, .'d.. 4 l,- '..'" .', <..J {n r;_J (~ ~ (/I 0< r.:I ..:I X Q, . ~ >< . r.:I .., zt ~ !-t ~ 0 0 0.: r.:I ... ~o< r.:I X .:! ~ ~ 0... x.... 0.., ... ~ s oOz 0.... ... c > ~ ~ ~ 00< ........ ~ '" ... " > ~.., .~ CJ ~ ~ ! ",z.:! . ~ oj>< . C > r.:I C '" ..... Q) ~ Ul ..,,,, (/I.... '" ~ !-t~z z'" r.:I Q) 0\ is ~ Olir.:lZ 10 ~ OlXlr.:l 0<Q, ~1 0 I ~ o~a.. (/I ~ 'l' iii ~ 00 0 0< 0\ 0 (/I :I: r.:I", 0 =0 0 !-t Z Z ... . . v. . . IN THI COURT or CC>>OION PLlAS or CUMBIRLAND COUNTY, PINNsn,oVANIA NO. 94-5966 CIVIL TBRM CIVIL ACTION-LAW IN DIVORCE SUSAN J. ~IDMBR, Plaintiff CHARLIS I. WIDMER, Defendant . . aUALI...a DOIIII.~le 01...&1(110.. GIlD.. AND NOW, this ~1.. day of , 1996, in order to satisfy the requirements of law &:ertaining to the equitable distribution of certain pension rights or benefits, IT IS HERBBY ORDIRBD AND DECRIED as follows: 1. This Order shall apply to any pension plan, retirement plan, or pension benefits acquired by the Defendant, Charles I. Widmer, with Air Products and Chemicals, Inc. 7201 HUlllton Boulevard, Allentown, Pennsylvania 18195-1501, as a result of his employment with Air Product& and Chemicals. 2. The name of the plan participant in .aid pension plan is Charles I. Widmer, and hi. address, .s of the date of this Order, is 3778 Seybertown Road, last Brady, pennsylvania, 16028. His social security number is 183-34-0981. 3. The alternate payee under this Order is Susan J. HOke, for.erly Su.an J. Widmer, who.e addres., as of the date of this Order, i. 540 N. Hanover Strest, Carli.le, Pennsylvania, 17013. Her .ocial .ecurity number i. 187-44-8546. 4. The partie. were married on Augu.t 1. 1992 and .epacated on October 12, 1994. A final decree in divorce ... entered in this FH_EI}-()FRCc O~ T"f' r' ")11 'r" 'rTf'R'( I I ,,'. 9S !l!nv 22 I.illa: 1.3 CU' ,,,. . " .' 1'( . I'/Il.:l.' ',L~' ,J \ l,jUI\~ P8-lN~,Y~I/\Nit\ . ca.. on Augu.t 16, 1995. 5. Th. .lternate payee, Su..n J. Hok., .hall be entitled to the following payment. from the pendon benefit. .ccruing to Charle. I. Widmer .. . re.ult of hi. employment with Air Product. and Chemic.l.: .even hundred ($700.00) doll.r. per month until the balance of three thou..nd five hundred ($3,500.00) doll.r. plus legal intere.t from November 6, 1996 i. p.id in full. 6. Should the pendon benefit. of the pl.n p.rticipant, Charle. I. Widmer, be lo.t, forfeited, or denied him for .ny rea.on, he .h.ll litig.te to . re..on.ble extent hi. cl.im for .uch peneion or retirement benefit. .0 .. to pre.erve them for him..lf or for the .1 tern.te payee, Su.an J. Hoke. The co.t. of ..id litigation .h.ll bo borne by the Plaintiff .nd Defendant in proportion to their then re.pective intere.t.. 7. No withholding. for any taxe. .hall be withheld from the alternate payee'. benefit. .. .uch p.yments to h.r .re made in connection with ....t. which accru. to h.r a. . r..ult of equit.ble di.tribution of the partie.' m.rit.l a..et. .nd d.bt.. 8. All p.ym.nt. to Su.an J. Hoke .hall be m.d. directly to her, to the .xt.nt allowed by the term. of the pl.n, or to her de.ignated ben.fici.ry unl... the entity making p.ym.nt to her of .uch benefit. .h.ll require the paym.nt. to be m.ke to h.r or her beneficiary through the Dome.tic Relation. Offic. in which event aU payment .hall b. IIIke to her through the Cumberland County oo...tic lelation. Office pur.uant to thi. Order. 9. loth Charle. I. Widmer and Bu.an J. Hoke .h.ll, at all , . SUSAN J. HOKE, formerly SUSAN J. WIDMER, PLAINTIFF V, CHARLES E. WIDMER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 94-5966 CIVIL TERM ~ AND NOW, thl. ~day of December. 1999, upon relation by coun..1 for plaintiff that he contacted defendant today and that defendant Indicated he had not been ..rved with the petition for contempt, IT IS ORDERED that the hearing .cheduled thl, date II continued and defendant i. ordered and directed to appear at a hearing a' 2:00 p.m" Monday, January 10. 2000. Michael A. Scherer, Eaqul,. For Plaintiff Charita E. WIdmer RR 1 Boll 377B Ea,' Brady, PA 16026 Edgar B. Bayley, . i~./Il . 1:?'A.O.<j9 AKS :... SUSAN J. HOKE, formerly SUSAN J. WIDMER, PLAINTIFF V, CHARLES E. WIDMER. DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , : 94-5966 CIVIL TERM ~ AND NOW. this ~day of January, 2000, following a hearing, based on defendant's failure to comply with an order of equitable distribution of property by falllng to pay a balance due in the amount of $2.842.91, with interest of $554,99. and wUh an award of counsel fees to plaintiff in the amount of $1,500 for a total of $4,897,90, special relief Is granted In the form of an attachment of defendant's wages through his pension, pursuant to the Divorce Code at 23 Pa.C.S. Section 3502(e)(8), at the rate of $388 per month until a total of $4,897.90 is paid. By the Court. Mlcha.1 A. Schflr.r. Esquire For Plaintiff ~ /." .00 Rt<3 Charlea E. WIdmer. Pro" R. R. 1 Box 377B East Brady. PA 18028 :saa \ " ~\\.H ).:)~\"'.Gf. ~y: '\' . ..0'\ ,!\,(;tp.:t( 00 J~\I \ ~ f'rl"~ 1. \ CUt.\Gt:.\'\\J-H') COIJtn'f ~\'f'N\" " /,1 ,. ., , . . . SUSAN J. HOKE, formerly SUSAN J. WIDMER, PLAINTIFF V. CHARLES E. WIDMER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, this : Qoi.5968 CIVIL TERM ~R OF COUltY L.... day of January, 2000, following a h.arlng, and pursuant to 23 Pa.C.S. Section 3502(e)(8), the wages of defendant In the form of hll pension, ARE ATTACHED as follows: (1) The beneficiary of the pension attached is: Charlel E. WIdmer Soc:Ial Security Number: 183-34-0981 Oat. of Birth: January 8, 1945 Addr..s: R. R. 1 Box 377B East Brady, Pennsylvania 16026 (2) The benefit against which the attachment II made is the penllon of Charlel E. WIdmer from: Air PrQducts and Chemicals, Inc. Pension Plan For Salaried Employ..s 7201 Hamilton Boulevard Allentown, Pennsylvania 18195-1501 (3) The attachment is In the amount of $366 per month ou1 of .ech monthly pension payment until the total amount of $4.697.90 is paid. (4) The administrator of the pension plan for salaried employ... of Air Products and Chemlc:als, Inc., shall pay the $366 per month as per paraQraph 3 to: Susan J. Hok. 540 North Han<lve, Street Carlisle. Pennsylvania 17013 Soclal8ecurity Number: 187-44.8S48 " , " "I I I " ~~ I r:; N N .1, .. ~c~., ..2 ~.J .," .~ 0 J ,!,,', (f.'t,'. ,'. , ~. "L t,;, .or ':..:ll) " I'~ . 1 - I~ i-t;, ' .1 .., , , ,"f .' j .. .'/ Co> . ,:,.... , I . '" ~ -, >- ~R - t-. .. ~~I ~ "J - i)."X ',J ~ .:, ,):~ , , - " q~ ~" II") . ,- I., I '"'in 'I. I ;)0. ,,1, ,1. ." 'IJHl .. ~ t' n.. (j 0 ,: -.:) d . . . MAY (} 8 zfJ(Q)f:> . I ~ 6 .. ~ ! ~ ll2 iE ~ ~ 3 ~ ~ i ~ ~ .. ;i < o u . . 5. On January 14, 2000, this Honorable Court entered an order directing the Hulband to pay $366.00 per month until the total balance of 14,697.90 was paid In full, and the payment. were to be obtained through an attachment of Husband's wag.. through hi. pen.ion, pursuant to the Divorce Code at 23 Pa, C.S.A. Section 3502(.)(8). A copy of this Honorable Court's January 14, 2000 Order of Court is attached her.to and markad as Exhibit W. 6. On or about February 4, 2000, the pension administrator from Air Products and Chemicals, Inc., wrote to undersigned counsel and explained that an attachm.nt of the Husband's pension benefits would not be posslbl. In the manner attempted through the Court's January 14, 2000 Order of Court. 7. On May 2,2000, undersigned counsel verified with Carol Ballis of Air Product. and Chemicals, Inc., that Charles E. Widmer began receiving pansion benefits on February 1, 2000, in the amount of $1,465.17 per month at his residence at RR 1 Box 377B, East Brady, Pennsylvania, 16026. 8. Since the Husband is n(Hi receiving said pension benefits directly, he is able to make payments directly to Wife. 9. Undersigned counsel has left several messages on Husband's answering mec:hine and Husband refuses to deal with undersigned couns.l. . . I. ....~ "I ~ ~ ':3-- c: .~ ~.. , fo"~ b; .. ,', ~ ~ lj"l .:, ~11.1. h': .1...... ._) ~.~ . ~ , " ;:-:i ~ "" 0;;1 ~ :- , ~ !,' (I') " C": .'I'_~:~' ~ ' - / ~ ~ :;J . '1'1~\J -, .i:~ ~.1- ~ ':-':l ..... ,-' ':~-:J __)i ,I .... '-l'1 f":: b; (..~ .e 7- \- ~ : ,:;, ',)~ \I , , '_~ >;~ , , .... ...... "J~ , , , , ?~ I. ~_n t:J) ~-'J "J ~::'~ r.:~' . 11,:J ':::J '" ; t~.. ~5~ ::~~ I,..), " , ,I,' , ' " J ~ '" . - .,.. r.;1 :>- ' ~ t1--. ~I~ f c: E" ,-' .. 7- \) ~ ~. ":: ::~: ~ ..J.... CI) ~ l"- - I~) r;;.), ~ ,'..):t,J -. '. "'" III - .~ ~.l... ,'~2J t'Ii. 1 , ~ ~ "', ..t,; ." 8 ~ I ),- I L' ~-:; ~ .":'" ' IiI] , ~ ll.' '..{'I l... ,.l)LJ... ~ ~.~ ::) ~.,) <,) . i ; ~ ~ i o . g >- i ~ ~ ~ I ; :;! '" il < u . . . , . SUSAN J. HOKE, formerly SUSAN J. WIDMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5966 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. CHARLES E. WIDMER, Defendant JNJEBROGAtORIEfJ IN ATTA<<HME~T TO: Farmers National Bank Broad Street East Brady, Pennsylvania You must file with the Court answers to the following Interrogatories within I II twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be .erved on the undersigned. If your answer to Gny of the foregoing interrogatories is affirmative, specify the amount, value and/or nature of the subject property. Defendant: Charles E. Widmer, S.S.' 183-34-0981, Date of Birth: January 8, 1945. 1. At the time you were served or at any subsequent time, did you owe Charles E. Widmer any money or were you liable to Charles E. Widmer on any negotiable or other written instrument, or did Charles E. Widmer claim that you owed any money or were liable to Charles E. Widmer for any reason? I II I I 2. At the time you were served or at any subsequent time, was there in your pos.e..ion, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property or any nature owned solely or in part by Chari.. E. Widmer? 3. AI any time you were .erved or at any .ubsequent time, did you hold legal titl. to any property of any nature owned solely or in part by Charle. E. Widmer or in which CNtIe. E. Widmer held or claimed any intere.t? ",_I" ..... ...~t'ti.,.,'<l_" 1:('( I'I'U! ,I: Ir" ""I' ii) Y , '\/,:/./n/T (OQ(J:>t:f '(.'( flI1 ~O aO I, )} ~ 0\ ! ~ n M ~t if " '1 ~~ ~. , I ,... :s ,,- N \l.~ ~ tr:' .... ':1: ~ ~" u 8 <.) 11_. " -- <:II >- . ,.~ ..~ I.. , , , r,.~' ,-- ~.~ , \'):-,: -,t: , ~~ I' ~_ ~ ')") ..', ,..., '.,').. l .",,) <. ;'~ . ,'"111..1 L ,'Il1:; C-~ ..Il': , , ~,j ::..l , , \_) () ! ...., i5 ,. < e ~ ~ .. ;. ~ x ~ ~ .. ~ ~ '" z S ~ ~ ::i i '" :;l '" ~ < <:;, u '. . SUSAN J. HOKE, iormerly SUSAN J. WIDMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-5966 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CHARLES E. WIDMER, Defendant INTERROGA TOfUJ!S IN AID OF E~ECUTIQH ~URSUANT TO PA.R.C.P. 3HZ TO: Scott B. Daum AVP Operations Farmers National Bank Broad Street Eaat Brady, Pennsylvania 16373 You must file with the Court answers to the following InterrOGatories within twenty (20) days after servic:a upon you. Failure to do so may result in a default Judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the foregoing Interrogatories Is affirmative, specify the amount, value and/or nature of the subject property. D8f.ndant: Charfee E. Wldm.r, S.S. , 113.U-ota1, Date of Birth: January I, 1'''', Checking Account No. 1231103 1. At the time you were served or at any subsequent time, did you have in your poe"~aion any deposits or other pro~rty belonging to Charles E. WIdmer. 2. Stat. the date and amount of each deposit you have received between November 29. 2000 and the date on which you answer these Interrogatories. ~ ~ " -." r}.) ",. ~ 1\ \"; , . .;J '\ ~ :") , , " ~ "", ~ , 1 ~ ~ . . ' I ~ '\. \ .-" ~ . . 1 ~ . . l' .- , ',') 'J '. ~ .' . ; g ~ >- 2 6"~~ ~ ~ r.: ;: .. ~ 5 S ~ i ~ ~ o u ~ . ~ , . . . .. " "....., I ." '.... ,~.-. . ...._11......... >, ... ... SUSAN J, HOKE. formerly SUSAN J. WIDMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA - v. NO. 94-8l166 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CHARLES E. WIDMER, Defendant INTERROOATORI~. IN AnACHII&ta TO: Fanners National Bank DrawerK Emlenton. Pennsylvania 18373 You must file with the Court answers to the following InterrogatOries within twenty (20) days after aervlc:e upon you. Failure to do so may result In a default Judgment being .ntered agalnet you. A COpy of said answers must be served on the undelllgned. If your answer to any of the foragolng Int.rrogatOrles Is afftrmatlve, apec/fy the amount, value and/or nature of the subject property. DefWndant: Cherie. E. Wldm.r. S.S. '113-34-0111, Date of Birth: January I, 1...., Chectdng ACcount No. 1231803 1. You have Provided answers to Interrogatories In referenc:e to the above. captioned Defendant Indicating that Mr. WIdmer has on deposit certain fund, with your bank. p..... provide a current total amount on deposit by Mr. 'Mdmer with Farmers Natlonal Bank as of the date you respond to the.. Interrogatories. Respacffully IUbmitted, O'BRIEN, BARIC & SCHERER ~TE: 11.1'... ~4>2L MIA. Sc'*-r, Esquire 1.0. , 8117" 17 West South Street C'rllale, PA 17013 (717) 2",,"73 '.. f~ ) ~' . , , , i ~ ) '. , '.. : j "1 '? (-.~ 'I I c. I, .. I.A. ,. 'j c,,:) U I i · ~ ~ ~ o '"' g ~ ~ iE ~ ~ ~ ~ ~ . ;;! < u ~ . te F 11 ? I"JI)+ . 5. Wife, througn counsel, has garnished Husband's bank ac:c:ounts and hes be.n paid in full pursuant to the terms of the July 28, 2000 Order of Court. Husband has also paid some counsel fees pursuant to the order, however, $535.65 remains owing for counsel fees. 6. Since Wife obtained the July 28, 2000 Order of Court, she has Incurred the following court costs in using the execution process, as set forth below: Date Fee Sarvlce 7/28/00 $9.00 Proth./cumb, CIy. - filing fee: judgement 8/25/00 $2350 Proth/Armstrong Cty. . filing fee: Writ of Execution 8/25/00 $50 00 Sneriff/Armstrong Cty. - Writ of Execution: Service fee 8/25/00 $2450 Proth/cumb Cty.- filing fee: Writ of Execution 8/28/00 $3.00 Proth/Armstrong Cty. - garnishee fee 9/20/00 $1210 Airborne Express - overnight mailing 9/26/00 $50.00 Sheriff/Armstrong Cty. - Writ of Execution: Service fee 10/20/00 $900 Proth/Cumb Cty. - filing fee: judgment 10/27/00 $1550 Proth/Cumb Cty. . filing fee Writ of Execution 10/27/00 $500 Proth/cumb Cty. _ filing fee Satisfaction fee 11/2/00 $2000 Proth/Clarion Cty. - Writ of Execution filing fee 11/2/00 $10000 Sheriff/Clarion Cty - service fee for Writ of Execution 11121/00 $12.22 Airborne Express -Overnight mailing . . 9126/00 $50.00 0.5 hours T elepnon. conference with Armstrong and Clarion Counti.s many tim.. to discuss fees, service and forwarding of Writ of Execution to bank. 1019/00 $100.00 1 hour Draft and serve Interrogatories and Writ of Execution against Farmers National Bank. 10/19/00 $150.00 1.5 hours Research. Prepare and file Praecipe to Enter Judgment against Farmers National Bank, 10127/00 $100.00 1 hour Telephone conference with Prothonotary. Draft Praecipe to Satisfy and pra,cipe for Writ of Execution, File praecipes, returns of sheriff's service to Prothonotary. Draft correspondence to Clarion County Sheriff. 12/12/00 $100.00 1 hour Draft, file and serve Interrogatories to Farmers National Bank. 1/26/01 1200.00 2 hour. Draft Praecipe to Satisfy Judgment. Draft Praecipe for Writ of Execution. Draft Petition for Attorney's Fees and Court costs. TOTAL $1,200.00 WHEREFORE, undersigned counsel respectfUlly requests that this Honorable Court enter an order directing Husband to pay a total of $1,649.32 in counsel fees and costs associated with the above-captioned matter, .It:. >II:' >II:' <<' -it> -00:' -1* ,-It> <<:. -ae;.. ",.' '...:.;....:,1: ~;. .re:. <<, -00:' 40~ -00;:; , - . ,...--- , . .' . f " / ~ . ~ t 8 g * S ~ . \: 11~ ~. \~ I " ,. I ' I;, ,7. L ,~ ~ ;. f. , I.,. l ~. ". I ~ ) f: f' j~ j,:, .~ ~ . ~ -01:' <t> -00;' -It:- oil> -It> <<,. <llI;'( ,\. . . ~l H~ ~ t t * * t t t . * t * t f. * ~:l ~ i * ~: t f € ~ ~ .' t ~ t. f ~ f. . ; , t......4D_ ,'. ~. THE COUF\T OF COMIv'iON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. SUSAN J. WIDMER, I' I l'\o. ..:19.66........ ..c:}Y.H 19 94 PLAINTIFF .. .....,............,....... .. ........... , , Versus CHARLES E. WIDMER, ...,........ " DEFENDANT DECREE IN DIVORCE AND NOW, ... .. .. ~~!l~. ~~1. ... .. .. .. " 19 .~~ . . '. it is ordered ond decreed thot .............. .~~~A~..~:. ~~'?t:I~.~ ~ ... .. . ..... . .... plaintiff, Clnd . . . . . . . .. . . . . . . . . . . . . . , . 9~.A,I~I,.~.S. ~.'. ~.~.~, . . . . . , . . . . . . .. clEdcndont, ore divorced from the bonds of motrimony. The court retoins jurisdiction of the followin~ claims v:hid) hove been raised of record in this oclion for which 0 finol order hcs not yet been entered; . ~~.~ . ~~.R~~~~. .11AR.I.TAL. .S~T~L.~M~N:r. .AGll.E.t;t:l~~.T . ~~~.i;1? .1'.uql,l~:r. .\0,.\ CJ?5, . ~~. .~~~.~~~91l.~1'~D. .t1~1lEI.N. M;. ,A. f.l.~A~. qI\Qt:Il. .Of. c.QI1~'l'... . . . . . .,. , . ' ~,1 '. (ly The Court: /8/ r.d~ar B. Bayley AlI..t: Ulwrenc:e E. Welker, Prothonotary J. ~.+ ." -\~ . . '1rl. ~!:5d (I, ...u; Deputf . 'rotllonot.'ry I,', I ~, . ~ ;~ I' ,t '.~ " ;~ /. ~~ 'I( ( . '~ !~ CERTIfIED COFt ISSUED AlJQJST 11. 199~ . ;:~-:;':,'1t: -.)1; . ;;:. ;~:: '.;0;: --lO:' . ::.0;.' i:.--.io:. - .:.:.-.:o;:.:.;.~:::o: ....' ')1, .:0:. -..:. - .it:. .l>t "EXHIBIT A" ( spousal support; and. WHEREAS, each party is fully familiar with the martial property and both panles now desire to setde and determine his and her property riahts and claims unde, the Divorce Code including all c:Iaims regarding equitable distribution of marital property, alimony. spousal support and relat~d economic claims. NOW, THEREFORE, the parties hereto, Intending to be legally bound. do hereby covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301( c) of the Divorce Code. Both partiu shall execute and file the requisite Consenl$ with the Court contemporaneously with the execution of this Agreement. Counsel shall withdraw their respective clients' claim for economic relief. The Wife's attorney shall file the Praecipe To T,ansmit The Record and obtain a Divorce Decree without delay. Should either party do anything to delay or deny the entry of such a decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement. the other party may, at his or her option, declare this Agreement null and void. ab initio. 2. This Agreement and all warranties and representations contained herein shall i survive the Divorce Decree and shall continue to be enforceable in acco,dance with its terms. This Ag,eement shall be incorporated into the Divorce Dec,ee but shall not merge with the Divo'ce Decree. No Court may change the te,ms of this Agreement and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or punuant to the provisions of the Divorce Code to enforce this Agreement by either I, 2 11. ( Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohsbltatlon of the parties hereto after the date of this Ag,eement, this Agreement shall remain In full force and effect in the absence of a written Ag,eement signed by the panies . expressly stating that this Agreement has been revoked or modified. 3. Husband shall return to Wife what remains of the Heinkel knife sel, the Waterford pen, the inner tube. the cappacino machine and the Beatie dolls. Except for the foregoing, the parties have divided between them to their mutual satisfaction their personal effects. household furniture and furnishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a c:1aim to any such items which are now in the possession or under the control of the other. Each party will execute any and all documents necessary to effectuale the transfer of ownership of any items of personal property titled in both names. The party receivina sole ow:tership of such items shall pay all costs associated with the transfer. 4. The pa,ties have divided between them to their mutual satisfaction all intangible petsonal properly, consisting of cash, bank accounts, aMuities, securities, insurance policies, pension and ,etirement rights. whether vested or contingent, and all other such types of property. The parties hereby aaree that all such intanaible prope'ty presently In Ihe possession of or titled in Ihe name of the Husband shall be his sole and separate I. property and in that which is in Ihe possession of or titled in Ihe name of Wife shall be her sole and separate property. Each party hereby expressly waives any right 10 claim any pension/p,ofh sharing/reli,emenl ,iahts of Ihe olher, vesled or contlnaenl, and each party 3 J ( ( will retain full ownership of such rights as his or her sole and separate property. 5. Following the parties separation, Wife purchased real estate located 540 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, using funds given to her as a alft from her father, Clayton Hoke. Husband agrees to waive any right, title, ownership or Interest in this real estate. 6. The parties have significant martial debt, Including debts to Mellon Bank, Mellon Bank Mastercard, AT & T Universal Card, John Wannamaker's and the Intemal Revenue Service. Husband agrees to pay Wife $400.00 per month, beginning August I, 1995, for a period of seven consecutive months for the purpose of repaying his share of the marltai debt In Wife's name. At the conclusion of these payments, Husband agrees to pay Wife the lump sum of $2,000.00 on March I, 1996, which payment also represents ,epayment of Husband's share of the marital debt. Wife shall be solely and individually ,esponsible for the payment of the entire remaining balance, including interest and penalties due and owing to Mellon Bank, AT & T Universal Card, Mellon Bank Mastercard and John WaMamaker's. Husband shall be solely and individually responsible for the payment of the entire ,emaining balance owed to the Internal Revenue Service for any tax liability incurred by the pa,ties in tax years 1993 and 1994. Wife represents that she filed an Income tu return In her name atone in 1994, and she owes not additional tax liability to the IRS for 1994. 4 # ( 7. Wife agrees to indemnify and save and hold harmless the Husband for any liability upon the obligation hereby assumed by the Wife in accordance with the terms and conditions set forth in parasraph 5 of this Agreement. Husband aBrees to indemnify and save and hold harmless the Wife for any liability upon the obligation assumed by the Husband in accordance with the terms and conditiom set forth in paragraph 5 or this Aareement. 8. Except as herein othelWise provided, each pa,ty represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and save and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have he,etofore been incurred between them except the obligations arising out of this ^s,eement. 9. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charses, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafte, incur any liability whatsoever for which the estate of the other may be liable. Each party furthe, as,ees to indemnify and save and hold harmless the oche, from any and all liabilities he 0' she may incur upon the oblisalions of or assumed by the other, which \. indemnification as to all provisions of this Agreemen1 shall include the right to recover out of pocket expen~es and ,easonable allorney's fees actually incurred. 5 ;J ( 10. Wife has a spousal support action pending against Husband presently to DR# 23. 454 at 16 Support 1995 throush the Cumberland County Domestic Relations OffIce. Wife ag,ees to terminate this action upon Husband's signing of this Aareement and witbdraw all claims, past, present and future, for spousal !nipport. The panies be,eby expressly waive thei, right, to alimony and alimony pendente lite. 11. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their martial property and equitable dist,ibution of all other economic claims pursuant to the provisions of the Divorce Code and each party i,revocably waives, releases, and remises any claim to ownership of or interest in any property desianated as the property of the other by virtue of the provisions of tbis Agreement except as otherwise may be provided pursuant to the p,ovisions of this Agreement. 12. Husband doe,s hereby ,elease, remise, quitclaim and forever discharge Wife and the estate of Wife from any and all claims he now has. ever may have 0' can at any time have against the Wife or her estate or any part the,eof. whethe, arising out of fo,mal contracts, ensasements or liabilities of the Wife, arisins by any risht to take alainst the Wife's Will, arisins Olll of the Divo,ce Code, Act No. 26 of 1980, as amended, includina. alimony, alimony pendente lite, counsel fees and expenses. arisins as a right to spousat support or arisios by any nature whatsoeve" exceptins only those rishts acco,ded to the Husband under this As,eemenl. 6 'I ( 13. Wife does hereby releue, remise, quitclaim and forever dlsc:harge the Husband and the estate of the Husband from any and all claims she now hu, every may have or can at any time have against the Husband or his estate or any pan thereof, whether arising out of formal contracts, engagements or liabilities or the Husband, arisina by way of the widow's ,ight or under the Intestate law, arisina by any ,ight to take aaainst the Husband's Will, arisina under the Divorce Code, Act 26 of 1980, u amended, including. alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal suppon arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 14. If either party to this Agreement resorts to a lawsuit or other leaal action pursuant to provisions of the Divorce Code or otherwise shall enforce the provisions of this Agreement. the succes$ful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, f,om the other a.~ party of the judgment entered in such leaal action, whethe, in law. in equity, pursuant to the provisions of the Divo,ce Code or otherwise as the same shall be determined by the Coun. 15. The panies do hereby warrant, represent and declare and do acknowtedge and apee that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/o, personal, estate and assets, earnings and income of the other and that each has made a full and complete disc:losure to the other of his and he, entire assets and liabilities and any further enume,ation or statement thereof in tbis I: Ajreement is specifically waived. I 1 ff1 t" ~ 'it, i, ' " _c' :r."'.'!: 1-"'/ Ll:"-,,, --~ ,~ ~.:' ., ',F' ,~ t:~f"ll' I. " ,Jt..;' r I', t ,?,i",i'I'; 'I '" , " " f,l _ \ :",,'1'1' /;,'r\,;,,:Jh {;,~\\~',:J \.,.;:11\ : ,ji'q 'j, t I. ;) " ,I ;?:~ 1:':P;t . ii,l,l~ ' id,::I:-),,'t 'L,"I', 1"\ I ',:,1 ,"llt~' ' i'{,':'\';-' IF ,I', , .,-. -,-", ,-"',. ~~ i .........' 'i \ t g: ~ 1Io ... ~ C.l ~ < ClI: 1Io faJ ~. a;- " \ i \ g: I ~ :', ~ ~ ~ 91 JUZl p::t1I- /(}~3t)7 ... >-' ~ , ", - "r ~.. /. ~'lo,;l" . '1 ;.~: ').f.;' -:,.l.. .\~~I ).. ") !'/ ,_.-:..;; " 'lliJ . ~o- ) <.) ~~ ,~~ ", ,."j' ,', (,) \:' , N ~t ;;i ,-, ~, l'. U 'I I (1 I " '.-1 , . " , .. # ., , I) ~'... - HotM: If real property, .uppli six copies of description including Improvements, and an original and c:opv of stfldavit of owner8hlp (PaR.C.P, No. 3129). If lengthy personalty list. supply four copies of list. To index writ, file separate praecipe with writ. ~l ~, ~\ '- .~ % ~) :>- ~ I. ,- E-,; I I.' .;-~, .. ,'=) J ,~ ~ - - N ,,0 <1" - " ;-".';; . " '. '..):'"-1' - ,. c.. . r,~'.' 'I">; . c: ..-.J ~ \ , ") "-:i'~ ~ '. "i . !.,., --/ ~i.~ . , . '~ijid! - .. . ~ -, . ~ ..r . ~ ' . ..~ (,:1 0 ',> ~ 1;';:) (J V) ~ ~ ~ ~ ~\)Q , \ ' ~ ~ .....:. , ~ ~ ,\) " . , "<., l'f) ~~ r'b IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DtVt810N PRAECIPE POR WRIT OP EXECUTtON CHARLES E. WIDMER VS. R.R. 1 BOX 3778 EAST BRADY, PA 16026, Defendant VS. PARMERS NATIONAL BANK BROAD STREET, EAST BRADY, PA 16026, TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifieS that the below does not arise oul 01 a retail Installment sale, contract, or account based on a confession 01 judgment. but lilt does, It Is based on the appropriate original proceeding flied pursuant to Act 7 of 1966 as amended; and lor real property pursuanllo Acl6 011974 as amended. ( ) Contessed Judgment ( ) Other " ' File No. 94-59'66 CIVIL TERM AmountDue $535:-65 ' Interest none Caption: SUSAN J. HOKE, formerly SUSAN J. WIDMER, Plaintiff Atty's Comm Costs Garnishee none ISlue writ of execution In the above malter to the Sheriff 01 tor debt, Interest and coets, upon the following described property 01 the delendant(s) County, PRAECIPE FOR ATTACHMENT EXECU1'ION ISlue writ ollttachment 10 the Sheriff 01 Clar ion County, lor debt, Interest and COlli, all abOve. d1rec:llng altachment against Ihe above-named garnllhee(s) for the following property (il real ..tatl, supply six copies ollhe description; supply lour copies ollenglhy personalty IIsl) - FARMBRS NATIONAL BANK, BROAD STREET, EAST BRADY, PA 16026 and all other property of the defendal,t(s) In the possession, custody or control of the said garnishee(s). Cl (Indicate) Index Ihis writ against the garnlshee(s) as a lis pendens against real estate 01 the detendant(s) described in the altached exhibit. I. 2't, f I Address: ~4d Michael A. scherer, Esq. 17 West South Street Signature: Print Name: Date Altorney lor: Telephone: Supreme Court 10 No.: Carlisle, PA 17013 Plaintiff 1717) 246-6873 61974 (over) , -, ~ "'~ ~ ~ ~~(" ~ I ~ (~J": ~.... :?; -, . , . . (,;J;:i t . :" 1,.>- I)~ ,_ B ~:r(5 l' ~ ~. a.. c. - ' o U (1~ ,y:~ '..It0 l:IA ,1 ,11' , ". ............. .', ~-- . ~ ii j \ . , ~ ~ J.+- J ~l.L. Q~ < . 0. ~ ~ ~~ Q 8 ~ lr5 ...:. ,~ 1-":" ...;..,..., . 00 - . "'~'""",1 '. ,'../ , I ~ " ::J' ~ ~~ - r:: b - .SUs~ J. Hoke, formerly Susan J. Wi~,~~urls UTUU VI Charles E. Widmer , , . IN THI COUll or COKNON .LIAS or AlKSnOIllG COUllTf. .IJlHSYLVAlIIA No. 2000-80081-P TIU. 19 . Lalt day to ..rv.: - . Serve Garnishee: Farmers National Bank ~: _ AU. lIE. " 'HI" 'US,"'" ~~ That 1. LaJ."J:y R.CJ.".wtoJ."d. Hilh/iiP.'N: of the County of Al1Utrons. Stau of '.nnaylvania. at the entira riak a~uaat of the 'laintiff. do har.by authori.. and dapuu Vern Smith . Sh.riff of CIArinn County. to axacute thll Writ of Execution and Interrogatories In Attachnent . all fully and .ffactively as 1 could or would if p.raonally pr...nt. Giv.n under my hand and aeal this 26 Nt 2000. _____________________________________________!_!!!!!_2! _!!!2~._~2~~!IL_!!~~!I!!!~!!_ --------------------------------------------------------------------------------------- Encloaed pla..e find Writ Writ of Execution upon Farmers National Bank Braad St~eet. East Brady. Pennsylvania (Garnishment) to ba ..rved at in your County. --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- AFfIDAVIT OF SERVICE Bafore ma. the undarsilned authority, personally appearad Deputy Scott Forinaer . who bains duly sworn accordinl to law. daposas and says that on the 28th of September , ~g at 3:50 o'clock p H. he sarved tha within Writ day - nf F.x~~ution (Garnishment) upon the defendant. Farmers National Bank by p.r.onally handin, to Marilyn A. Simpson, Customer Service Reoresentativ~t R~o~n ~t~P-~~ FaQt Rrany p~ I~n'a . trua and attasted copy thera~t and mada knvwn the centan;s tc Her chanin, AF/1~^Vl. Of NON-SIRVICI I.fora me. tha und.rsilftad authoricy. per.onally appearad who be iPS duly sworn accordin& to law. depos.. and .ays chac attar dili,ent saarch and in~uiry. failad to find the within within .y baiUwick on cha_day of . 19 t.a.on unable co 10Cilu lI~orl\ '0 l"'ld subacribed bdor. .e cilla.,'__"'. day of d~~u.J . ~~. -~ D.pucy Shari . - , it. ..., iff 0' CLARtON Councy . ~ . . . . .. '. , , .;, IIICIIPT rOR .AYMlNT ................... ~tron9 County ,enn.y1veni. ~OO Mar_.t .treet Kitt&Aftin9 'A 16201 Reoeipt D.te 08/29/2000 Receipt Tiaa 11105126 Ilecdpt No. 206301 IU8AII J. HOd rONlllJU.Y (VS) CIlARLIlS I. IUl>>CIlR Cue NwIlber lerville Info Il....r_. 2000-10081 . 001 rir.t Service 'D IY OBRIIN BARIC , 1/29/2000 Open SCHIlIIIR Tot.l Chec_... . Tot.l C..h.... . C..h OUt...... - 50.00 .00 .00 Check No. 3652 Ileceipt tot.l. . 50.00 ------------------------ Di.tr1but10n Of ..yment ---------------------------- Tr.n..lltion D..cr1ption ..yment Amount ADVANCI .AYMIlNT 50.00 O'BRIIlN BARIC , SCHIlIllR 50.00 ,. , ,.... ,,"." , I :j . r-I ,~ f I ' I I ( I I , I , I I ,I I I I ; J I I '; i'il, I, , ',t I ,'" I,!, I, " ---....,......--..-- ",,' ,0, , ....11','.., I , . .,-,;J;I"..'; '....LI " --." t- _.,; "'~ .-....,.....---,....,..,.-.......""__1__...--...._. ....~_ ._.._,..~~'"'"':'"'.....,. " on NUMflll ;",-r/":t .' . .. ( .~;~ -. r' I, ,- J', 11 , II N(I ( \lIO",MION A.. . ;.f .j> j ) ~, OIOtNANCI " ., COOl '~IO . ~INI_ TlIt,\ltO!H't !4ALANU UlII! Nf! -m11M!lm- ClAlllON COUNTY SHERIFF'S DEPARTMENT COURT ~I()USE ClARION, PENNSYlVANIA Ibll4 NUMtlIII r..u~ I~^N OnltML IIfl.:tilP1'j~~UWI"" r~til NAMt U~ "U! tl.^Hll)N U)lll\ln ~.'tNIH'~(JtftCti IN PAYMkNT Of' r~fl "S~hSMII\jT DI~lIlflm IN THti COUt RHOW /; r...j / ",I ~.'. jl /' ,r" / I, I., ! ,{,.' " ~ ' HAT! COST COOlS IXPLANATION r "1_'M.'IAIl~ 't\1.1t" ...., 111111 ~lt!llll: 1'''''I'IOI\\Hi'oOIl ~ Illt)"'~ l:nt''''l......IIN 'Ill\f'~~~ ; tllXI '~I nllll~" II. .lr~1 'll III tl(MI ,., . ~ IIXI tJI Itl ....~) lNI It, ''''.1111 In I~ 1.~!lMI IIollrtt:': ('I~('Il$ ~lJlI't(r TO I''''MfNr IN ~ULL II" flANllllN WHtt~1 (HI!CK WA~ OICAWN, r"Ull":'1IC1~G (If" WOlmtlh!\ nIIO,'!;_~N mnN'iH ANtH,.t!! PA'f'rJIi Mr\'f 81 I'NO!i!Curw, , i .) "'" ," (" ,7,) , '"" " " .' <i"'~/ .I /' "k t I.~ .."" ..( . I'.,,!.,c. } '7 ~" /1. ,. I,,' . ilk'c','..;,,,,,.'I ,. .. -.,' / I' , .,J Autho,llfcl SlanOlu,. ....."'-, -c...... " , .. 287t~ 'I VINl)UIlIIU It"'A....' l'IfUUIIJlNt; IU,lllll)lMllI'l\l(UlltlN 11.\t,o\Itl'IIWAItM",.., 1~'tI.llJ lJ Olftlt:r1jJJ'II rOI,l\r" f (! " ....' OATE Of ENTRY , , , -, " 'f . lU6 2q A. ~ 2" ,.. j . j " ../ , I ~KERtF'S OFfJCE ' , J. HS ROMG co MTV , ' i" ,- ~ e" ~ , .0/1 ~~ .. , .. M ~l.. ~.~ f ti' 2,1.' .... ~ ..~ N Et~, 1 ~I, ~ ~ ,,- 0 8 , f . oJ .. . . . . ( . ... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVtL DtVtSION PRAECIPE FOR WRIT OF EXECUTION vs. CHARLES E. WIDMER R.R. 1 BOX 377B EAST BRADY. PENNSYLVANIA 16026. Defendant VIII. M~~R~~~SAlltC~' ) Conlessed judgment ( ) Other File No. 94-5966 CIVIL TERM Amount Due $1 ,649.32 Interest none Atly's Comm none Costs Garniehee Caption: SUSAN J. HOKE. formerly SUSAN J. WIDMER, Plaintiff The undersigned hereby certllles that the below does not arise out 01 a retail installment sale, contract, or account based on a confession 01 judgment, but illt does, It Is based on the appropriate original proceeding IlIed pursuant to Act 7 011966 as amended; and lor real properly pursuant to Act 6 011974 as amended, Issue writ 01 execution in the above malter to the Sherlll 01 lor debt. interest and costs, upon the following described properly 01 the delendapt(s) c' . Counly, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ 01 altachmentto the Sherill 01 C 1 a r i on Counly, lor debt. Interest and costs, as above, directing anachment against the above-named garnllhee(l) lor th() lollowlng properly (II real e.tate, supply six copies 01 the description: supply lour copies 01 lengthy personally list) FARMERS NATIONAL BANK. BROAD STREET, EAST BRADY, fA 16026 ..:ISq ~"'~"'~~d~~a and all other properly 01 the delendant(s) in the possession, custody or control 01 the said garnishee(s). Ll (Indicate) Index this writ against the garnisheels) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date. March ~3, 2001 Signature: Print Name: Address: _?r~ ILsk Michael A. Scherer, E.quire 17 West South Street _~..! r 1 ~!..le , .__P A 17 0 13 Attorney lor: p1a_1..nti_'.~__ . 1elepl'1one: ~711~._ 24~.::_~.~?.:______ Supreme Court 10 No,: ~~ 91_~__.____.____________ (ove,) " d' -f .... 0' ~. . 'I: M i:.: .. ~.. '\ - r ~ '.IJ ':J~ < .' :c: I,,: u.. )~ " l.. '.::> .,~ '" ,)~ , c" ,) I ..:1; ~ :L I,' c::> .... ~ .. . ..... <', ..., l'l; c: r; ['.... .. ~. j ~'r' , , 0", ) ~;) " , \...., . . '~ :/: : ; ...., I';J , ) .) ':'.1 I 1 -' (",! 1'" " ~'. , ,. , 'i! 1](. .- -:3 l. ~) U " . ! ~ i ~ ,. S .. " ~ ~ ~ ~ ~ S a:l ; :;l !:Ii " ~ ~ v o .~ .' . , ~ ~ F0 , 1 ">. ". .,.. ~ r'o" , 4': I:; . ..) .r "- I . ~ , , ~. .: ,', ;; \ ~ I "j.'",' ~ ' ~. j ~\ '. , 'J ~ '-" i,"ll - .... ... . . 'J ,-' " ) ! ~ ; 6"~> ~ 3 ~ ~ . ~ ~ S ~ ~ i ~ ~ - ;i < . u o . . Farmer. National Bank Draww 0 · Ernllnlof;, PENNSYLVANIA 18373 Phone 724-117.23U I FIJI: 724-187,1814 May 7, 2001 Mr. MIcha.1 A. Scherer, Esquire 17 Weat South Street Carll,.., PA 17013 RE: Susan J. Hoke v. Charlea E. Widmer Number 94-5966 CUmberland County Dear Mr. Scherer, The foUowlng response Is submitted as Answers to the Interrogatories In reference to the above listed matter: 1.) The present balance 0' all aecounts on deposit under the name of Charle, E. WIdmer as of today's date Is $2,770.68. Re,pec:;tfully submitted, ~ Vice President of Operations Enclosure: Inte"ooatorles In Attachment Copy: Charles E. Widmer File "flX"J_J'!' A" ""VIWJ ".. AMA...,1fOM THIS AREA ~ SUSAN J. HOKE, formerly SUSAN J. WIDMER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94.5968 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CHARLES E. WIDMER, Defendant TO: Farmera National Bank Drawer K Emlenton, Pennsylvania 18373 You must file with the Court answers to the following Interrogatorlea within twenty (20) days after "Nice upon you. Failure to do so may reault in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the foregoing Interrogatorlea Is atnrmatlve, lpecify the amount, value and/or nature of the subject property. Defendant: Chart.a I. Widmer, 8.S. #1183-34.0111, Date of Birth: January 1,1141, Checking Account No. 8238103 1. State the present balance of any ac:c:ount or ac:c:ounts Chari.. E. VV1dmer has with your bank on the d.!" you respond to these Interrogatories. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: S. '10' ~/(.)4 Micha.1 A. Scherer, Esquire 1.0. #161874 17 West Sou1h Street Carlisle, PA 17013 (717) 249-6873 '..__~~J. Hob, fotlllll'ly Susan J. Wir.:~ln'lf ..tUM ... VI , II m COUll or COHIIII 'LW or Chsrle. E. Widmer I AlJlSftOlO coum, .IIIIILYAIIIA Serve Garnishee: Farmerll National Bank -0 ~l No. 2000-8008l:,P 'l'IIII, 19_. ~ Lilt .IY to Ilrve' - ..... ... " mil ,.._.. rt!Jl. . that I, La&'1:]f R.cz-avto&'d, Hilhtle\\ f the County of AI'lIauonl' Iteca of 'eDftlylvlnla, at the ~ntire ri.k an~ue.t of ch. 'laintlff, do hereby authoriae .nd de,ut. Vem Smith , Shariff of ClArinn CClunty. to ellecute thb Writ of Exec.ution and Interrogatories In AtUichnent . a. fully .... eff.ctiv.ly .1 1 could or would if, p.r.onally ,r...nt. Giv.n und.r .y hand and ..11 thi. 26 dlY 0 Ie( 2000. ____________________________________________________ !!!!~!2!!XL._!!!!I!!!!!!. --------------------------------------------------------------------------------------- -----------------------------------~--------------------------------------------------- ------------------~-------------------------------------------------------------------- B..ntI Str..t. last Brady. Pennsylvania to be ..rved at in your County. Inclo..dpl.... find Writ Writ of Execution (Garnishment) upon Farmers National Bank AfFIDAVIt or StlVICI ,.for. .., chi undar.iln.d auchority. per.onally .pp.ar.d D.puCY S~otC Foring.r . who b.ina duly Iworn accordinl co law, d.po..' and lay. that on the 28ch day of Septa.bar . ~" at 3:50 o'clock--L-M. h. ..rv.d tha rithin Writ ft' ~Jr~llt.tnn (r...rnl.~nt.) upon_,tb. 4efendant. FArmers National Bank by p.r.onally handinl to Marilyn A. 51.0100. Cuatomer ServIce leor...ntativ..t R~n.d ~~~..t V.at R~.Ay >>6 l~n~R . .. a eru. and aculud copy th.rlgf and ..d. known chi ~:lllunu to H.r thardn. AltluAV1T 01 NON-SllVICI 'afol' ... Chi undar.ianad aucholity, per.onally app.ar.d who ,.1ns duly Iworn accoldinl co law, d.po... and .ay. that af~ar dilil.nt inquiry. failld co fin4 the within within 8Y bailiwick on the 4ay of beau ..arch and , 19 ....on unable to . 'worn ,., an4 .ublcri,.d ,.for. .. tlli...JI....I . day of-d~.h',jH) _, ~~. ~ CLAll0N County - .. . .1. '" ~ a ... J~ ) ( " ;) " " , j ~ 'I .. . , j ~ d" " ~~ '1'1_"1 " "II 'I" I 'u,,'" n....... , I .,-,'., , j , ,,,,,- ,." "d'\ g , , ", j ~ Cp/l.iAJ ..: . ~ , ;\,-:,1\1 f ~~'Jjlro , , " ,,' I, . . I L. I" f " ' , ,'-;" " ~ " J , ' , J r( ,',; I"'( '- .... 1 ~ ..... '.J ~ l,j ~ ~ Cl ~ I .. >. Z ~-< ... I Co! 1IIl'" '" I X IolZ ill I t? X ra.1Il-< IIIIl IIIl I Cl '" O~~ "'Iol 101 I :::> .:.l OX X I "> .. ..0>0 "'0'" 0 I 1IIlra.~ ...... ...., I >0 ~ I ...:E..... :E<: I ra. 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