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HomeMy WebLinkAbout94-06460 ~ I I , , , ~i Ji 01 . ;1 'C" S o ~ ~ , 0, I I 0/ ~I ~I ~I , 5-1 . o "< . ~:+;~~:_:::..~:_:.~.._~~ ~:!:'-.::~:'- ..:~:_'.. ..:~. ~::'!:' - :~~.~ .~~:: -,':!>.. ':.:' ~~:~;'.._::.:'- ,:~:: ~:~> , -:~:. -- ::~:'.~. .:+:.:.:!:::<:.:~~ .:~::_~:!::." "~~~~'~ ~ - :1 IN THE COURT OF COMMON PLEAS : ~ OF CUMBERLAND COUNTY ~ ~ ~ tvl'!t STATE OF ~~~e PENNA. : \' ,~,~~ .~("' ,;, ., ~ ~ '.' '" ~ ~ VIVIAN FRANCES DANLEY Plaintif f Nil. 94-ti460 .. CIVIL\<J 94 '" :, ~ ,~ ~ \'1'1";.;11:; ~ ROBERT WILLIAM DANLEY .~ ~ Defendant ,~ ~ ~ '.' ~ DECREE IN DIVORCE ~ '.' .. ... ~ /, ~ ~ $ ~ ,;, " AND NOW, . .. ~,",".c, ~.~r.~ . .\.':1. . . . . . " 19 .1.r:7. " it is ordt!red und decreed that... ~~.v.~~t.'l.l~~an~e.~. Da~.l~~....................., plaintiff, and... .~?b~r~. ~i~~~.a.~ .Dan.~ey............................. defendant, are divorced from the bonds of matrimony. 8 S The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The Marital Settlement Agreement dated October la, 1997 .., '.,..".. .......... .....".,.., ,.,.,...........,..'... ... ..... ,.... "". is attached hereto and is hereby incorporated into this Decree. .. " ,.. .".. ..,... ....,.,...."., ,.,. ,.,...",."..,......., ,.... ,........ ~ ~ s s ~ ~:- ~ .' By Th,' c""rl:~ .fe, j Alle.t: -'. ~~ [' '. '. ?/t~~~~ (J.lJ((.- tL~t(!( . ~ I V ~I(~'',(( ;1::'. >>&, kJ..7' t/ /7 Prothonotary ~ ,;, <:i $ ~ ~ ~ ~- - - - . - ... -- :~;. .~. .:f:. .~:. .=-:. .~ ,;, ., ~ ., :, ,;, ... ~ ,;; ., ~ (.. ~ 8 ,;, ., ~ ~ ~ ~. , ~ ~ ", ~ ~. ~ ~ '.' ~ ~ .~ 1* I... '~ ~ I~ ~~ J. I,', ::~ ).'. ~ ;~ I"" ~ ~ .~~..~.,~.,~.,~,.~,.~..~:,.~"~..~'~,.~,.~** MARITAl, SETTLEMENT AGREEMEN'r THIS AGREEMENT is made as of the -'Ut~day of October, 1997, by and between Robert W. Danley, an adult individual residing at 4321 North Second Street, Harrisburg, Dauphin County, Pennsylvania ("Husband"), and Vivian Frances Danley, an adult individual residing at 110~Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania ("Wife"). Recitals: The Background of this Agreement is as follows: A. The parties hereto, being Husband and Wife, were lawfully married on August 1, 1981. B. Differences have arisen between Husband and Wife and as a result they live separate and apart from each other and have done so continuously since November 12/ 1994. C. Wife has filed a divorce action under section 3301(c) of the Pennsylvania Divorce Code in Cumberland County, Pennsylvania, to which Husband filed a Counterclaim in Divorce under sections 3301(c) and 3301(d) of the Pennsylvania Divorce code, which action is docketed to No. 94-6460 (the "Divorce Action") . D. Husband and Wife desire to settle and determine finally, and for all time, their mutual property rights, support and other matters related in any way to the Divorce Action. E. There were two children born of the marriage between Husband and Wife, Robert E. Danley (d.o.b. June 15, 1985) and Katherine L. Danley (d.o.b. October 9, 1986). NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings herein contained, the parties hereto, EACH INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. Divorce. It is specifically under.stood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce code, their marriage is irretrievably broken. Wife originally filed the Divorce Action on or about November 14, 1994 and the parties agree to take all legal steps (inClUding the timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to section 3301(c) or 3301(d) of the Divorce ~ode is entered as soon as possible. This Agreement shall be incorporated by reference but not merged into the Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to cohabit or dwell 2 with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Custodv. The parties are subject to an Order of Court entered dated May 22/ 1995 in the Divorce Action relative to the custody of their minor children. The parties recognize that the said Order of Court is subject to modification in accordance with Pennsylvania Law, and each party specifically reserves the right to request such modification under the Divorce Action. 4. Alimonv and Child Support. The parties acknowledge an Order of Court at docket No. 943 of 1994 in the Court of Commcn Pleas of Cumberland County relative to spousal and child support. Said Order shall remain in effect until entry of a Divorce Decree in the Divorce Action. Thereafter, all child support and alimony payments set forth herein shall be payable through the Cumberland county Domestic Relations Office under the said docket number. (a) Husband shall pay to Wife the sum of Five Hundred, Thirty and 00/100 ($530.00) Dollars as alimony for the support of Wife. Husband's Obligation to pay alimony shall terminate upon the death of either party, or upon wife's remarriage or cohabitation with another adult, or September 1, 2002/ whichever shall first occur, provided, however, that each party specifically reserves the right to request a court of 3 competent jurisdiction to modify this Paragraph 4(a) in the event of change in circumstances of a substantial and continuing nature. For purposes of any such request to change this Paragraph 4(a), the parties agree that an increase or decrease in either party's income which is thirty (Jet) percent or greater shall constitute a substantial change of income. (b) Husband shall pay to Wife the sum of Five Hundred, Eighty and 00/100 ($580.00) Dollars for the support of the parties' two minor children, until either child reaches the age of 18 years old and is no longer enrolled in high school, at which time child support shall be recalculated in accordance with the Pennsylvania Support Guidelines. Additionally, each party shall pay one-half of any child care costs for the minor children. (c) The children are currently carried on Husband's health insurance pOlicy. Husband agrees to continue to carry such insurance as long it is provided by his employer. Any unreimbursed medical expenses incurred for the care of the parties' children including, without limitation, orthodontic and psychological care shall be divided equally between the parties; provided, however, that, except in emergency situations and regular routine examinations, the parties shall consult with one another before incurring any such expenses. (d) The parties agree that, under the current child custody arrangement, Wife shall be entitled to claim bnth of the children as dependents on her tax returns. Each party 4 , reserves the right to alter this provision in accordance with the applicable tax laws in the event the current custody arrangement is altered. 5. Marital Proportv. (a) Personal Propertv. Husband and Wife acknowledge that they have divided all personal property acquired during the marriage to their mutual satisfact~on. Husband hereby relinquishes all right, title and interest in wife's personal property currently in her possession, and Wife hereby relinquiShes all right, title and interest in Husband's personal property currently in his possession. Except to the extent specifically set forth herein, or in the case of failure of either party to disclose the same, each party hereby specifically agrees and by this Agreement does hereby release all of his or her right, title and interest to the other party's personal property in such other party's possession. (b) civil War Chest Set. Husband agrees that Wife shall retain possession of the civil War Chest Set; provided however, that Wife agrees to give said property to the pnrties' son, Robert when he reaches the age of eighteen (18) years of age or upon Wife's death, whichever occurs first. (c) Automobiles. (i) Wife will retain possession of the 1993 corsica and Husband agrees to pay off the~ f') ,\,/, M current outstanding loan with ~ r~n. . r either immediately or in monthly 5 deliver the eKecuted deed to Wife's attorney, at which time, Wife may record the deed at her sole cost and eKpense. Wife shall also be solely responsible for payment of all other real estate-related and other expenses relative to the Real Property including, without limitation, maintenance and utility costs, and Wife hereby agrees to indemnity and save Husband harmless from any loss he may sustain, including attorney fees and costs, as a result of any default or failure in payment such costs or expenses by Wife. Wife shall assume all payments for the mortgage on the Real Property to Homeside Lending, Inc., or any other liens against the Real Property. Wife agrees to hold Husband h~rmless and indemnify Husband against any and all liability arising out of or relating to the said mortgage, any home equity loans, real estate taxes and insurance on the Real Property. As soon as practical after eKecution of this Agreement, and in no event later than twenty-four (24) months after the execution of this Agreement, Wife shall remove Husband/s name from the mortgage against the Real Property. In the event: 1) Wife is unable to or fails to tiMely secure a commitment for such refinancing; or 2) Wife fails to complete such refinancing and/or completely remove Husband from responsibility for said obligations within two (2) years after execution of this Agreement; or 3) Husband mDkes any payments on the mortgage, or for real estate taxes or insurance on the marital residence because of Wife's failure to do so, Husband may, at his option, demand that the Real Property be sold 7 at a price to be agreed upon by the parties or, if the parties are unable to agree, at a price not less than ninety-five (95%) per cent of the appraised value of the residence, the proceeds of which shall be applied to satisfy the mortgage and any other monetary encumbrances (other than those arising after the date of this Agreement and solely caused by actions or inactions of Wife, which shall be paid by Wife upon demand by Husband), with any remaining net proceeds to be divided equally between the parties. 6. Profit Sharinq. Retirement and Securities. Husband and Wife each, by this Agreement and without limitation, expressly waive and relinquish any right or interest that the other may have in and to the others' retirement, profit sharing, pension and other similar employer provided plans and incentives. Further, Wife specifically waives all her rights, title and interest in and to any stocks, bonds, mutual fund accounts or any other similar security or investment vehicle that Husband now has or may hereinafter acquire, including, without limitation any stock in praxair Incorporated or praxair Company, now owned or to be acquired by Husband. The values of such property have been fully disclosed to and rp.ceipt thereof is hereby acknowledged by Wife. 7. After-Acquired Propertv. Husband and Wife acknowledge that they have been living separate and apart since November 12, 1994. Each party expressly waives and relinquishes any right or interest he and she may have in property, real, 8 personal or mixed, purchased or otherwise acquired by the other party after the date of separation as set forth above. 8. Joint Debts. Husband and Wife represent that there are no joint debts or other obligations incurred by either of them currently outstanding with respect to which the other party may incur any liability now or in the future, except as otherwise set forth herein. (a) The parties shall cancel any joint credit cards that they may have. (b) Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 9. Other Writinqs. Each of the parties hereto agrees to execute any and all documents, d~8dq, bills of sale or other writings necessary to carry out the intent of this Agreement. 10. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible 3nd shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. 9 (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 11. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically, without limitation, from the following: alimony, alimony pendente lite, spousal support, counsel fees, division of property, claims or rights of dower and right to live in the marital residence, right to act as executor or administrator in the other's estate, rights as devisee or legatee in the last will and testament of the other, any claim or right as beneficiary in any life insurance policy of the other and any claim or right in the distributive share or intestate share of the other party's estate. 12. Entire Aqreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 13. Leqallv Bindinq. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall 10 bind the parties hereto and their respective heirs, executors, administrators and assigns. 14. Full Disclosure. Each party asserts that she or he has fully disclosed both the existence and v~luation of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. Each party further acknowledges that this Agreement represents a fair division of all marital property and that neither party is being coerced to enter into this Agreement, which both parties hereby acknowledge is executed of his or her own free will after consulting with counsel of his or her choosing, stephen J. Dzuranin for Husband and Samuel W. Milkes for Wife. 15. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and the services of legal counsel are required to enforce such duty or obligation, whether or not 11 legal proceedings are commenced, the party found to be in default shall be liable for all expenses, including reasonable attorney's fees, incurred as a result. 16. Aqreement Voluntarilv and Clearlv Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to his and her rights and liabilities; (b) Has given careful and mature thought to the making of this Agreement; (c) Has carefully read each provision of this Agreement; and (d) Fully and completely understands each provision of this Agreement, as to both the sUbject matter and legal effect thereof. 17. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. lB. Applicable Law. This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 19. Severabilitv. If any term, condition, clause or provision in this Agreement shall be determined or declared by a court of competent jurisdiction to be void or invalid in law or otherwise, then only that term, condition, clause or provision 12 VIVIAN FRAN(f-n DANLf-Y, PLAINTIFF I N TilE "OUH1' OF COHHON PLEAt; OF (,IlHAFRLAND COUNTY. rFrlNnVLV"~IA NO.q/~ ID ,/fJ-{r. Jr t~Y'-- V ,'IVIL M'TION - r.AW ROB';:RT WILLIAM DANI,FY. Df-FENDANT A'::TION FOR T1IVORCf- / CUSTODY NOTICE TO Of-FEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages. you must take prompt action. You are warned that if ~ou fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities o~ irretrievable breakdown of the marriage, you may request marriage counselinq. A list of marriage ~ounselors is available in the Office of Prothonotary at the cumberland County Courthouse. 1 Courthouse Square, Ca~lisle, Pennsylvania, 17013. IF YOU DO NOT FILE PROPERTY, LAWYER'S FEES ANNULMENT IS GRANTED, YOU THEM. A CLAIM FOR OR EXPENSES, MAY LOSE THE DIVISION A DIVORCE CLAIH ANY ALIMONY, BEFORE RIGHT TO YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Lawyer Referral Se~vice Cumberland Ccunty Courthouse Court Administrator 1 cou~thouse Square Carlisle. Pennsylvania. 17013 (7] 7) -~40-6~00 Dat.,d: l\JollVw'\hoA. \4 lqq~_ 1/- I II -14- JA..td ',ov... SlIsCln Kay C'lndi..llo, Esq. 110 Sout .ad isle Street P.O. 30y. 670 rlew Bloomfield. PA 17063 (7] 7)-S8~-8766 Attorney for Plaintiff /; J (l. J.- J lL (1 u..;r( ~rL (J {l1J-r {' du .,. J-L... {I-., il -t. 1M- ..a.y II.{ ~ . \J ' \lL~L- OF OR OF 9, The partiefi h,]v~' agr.....d to th,' fnllnwilllJ .1i~~p(l~itlol\ of thf'l parties 3utomobil..;'s; Thp lqq4 ('h""urnll-.t t-'fl!-':)lt-',,\ ~hC1.11 br. titl".c1 in the Defend~nt'~ name an,1 b,' hi" ilutnmohile, and Plaintiff shall relinquish all claims upon it. The 1993 Chevrolet Corsica shall be titled in the Plaintiff's name and he her automobile. Defendant agrees to continu.' maklng th.- paympnts to his Savings Program when.. Uw Inan waS mild,> for this automobil", unt.i I this automobil" is pairl for in full, n...f,.nd..ut shall relu\!)ulsh all claims upon it. 10. Defendant agrees to sign a Warranty D""d to the marital residence placing the residence in the sole name of the Plaintiff. Plaintiff agrees to the an indep...ndent appraisal of the value of the mal'ltal rpsidence. anll an equitable sharing of the equity in the marital residence. 11. The parties agree the Defendant's Savings Programs, Ret.iremt~nt Programs, with PRAXIIIR, Book of the Month Club, Inc., and the Navy Reserves, shall be fully disclosed and shared on an equitable hasis with Plaintiff. 12. The Defendant agrees to fulfill bis financial obligations per any Domestic Relations Order, DR # 23127. 13. Defendant agrees to maintain full Medical, Hospitalization, Vision, Dental. psychiatric, and Orthodontia coverage on his two minor children, until the children are eighteen (18) years, or twenty-three (23) years, if they choose to attend an institute of higher education. Plaintiff and Defendant agree to share in a proportional amount any uncovered expenses in the areas previously identified. 14. Defendant agrpes to shale in a proportional amount the educational expenses, fnr the parties two minor children. for any further education heyond graduat.ion from t.he tw..j fth grarl",, not. to include Gl'"adH;'ltp st\1di.,:>~. Wherefore, Plaint.iff rPRpnctivply request.s if both parties file affidavits consenting to a divorce afte~ ninety (90) days have elapsed from the date of filing of thin Complaint, this Honorahle Court enter a d~l'I'ee of divllfCP pllrsuant to Section 3.101 (c) of thO" !1ivon'" 1.',),1,... VIVIAN FRANCES DANLEY, Plaintif f vs. IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6460 ROBERT WILLIAM DANLEY, Defendant CIVIL ACTION - LAW ACTION FOR DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on November 14, 1994, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. In addition, I specifically acknowledge that a full and final settlement of all property and other rights of the parties has been entered between the Plaintiff and Defendant by written agreement dated October 27, 1992. I verlfy that the 13t...tements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: October 10, 1997 ~2< \ \ Ii, 1 . 1.'..1 VIVIAN FRANCES DANLEY VIVIAN FRANCES DANLEY, PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 94-6460 CIVIL ACTION - LAW ROBERT WILLIAM DANLEY, DEFENDANT AC II.J~; FOR DIVORCE I CUSTODY CQlJNTERCLAIM IN DIVORCE AND NOW, comes the Defendant, Robert William Danley, by his attorneys, Wi x, Wenger & Weidner, and files the following Counterclaim against the Plaintiff, averring as follows: COUNT I - UNDER SECTIONS 330t (e) AND 3301 (d) OF THE DIVORCE CODE 1. Plaintiff, Vivian Frances Danley, is an adult individual who currently resides at 110 North Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and has resided in Cumberland County for over ten years. 2. Delimdant, Robert William Danley, is an adult individual who currently resides at 4321 North Second Street, Harrisburg, Dauphin County, Pennsylvania, 17101, and has resided in Dauphin County for approximately seven months, prior to that Defendant resided in Cumberland County for over tcn years. 3. Dcfendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Counterclaim. 4. The Plaintiff and Defendant wcre married on August I, 1981, in Camp Hill, Cumberland County, Pcnnsylvania. 5. The PlaintilT and Defendant are both citizens of the United States of America, and the Plaintill' is not fj member of the Anned Forces and the Defendant is not an active member of the Anned Forces. 6. There has been a prior Amended Complaint for divorce filed by Plaintiff on the 29th day of December, 1994, in the Court of Common Pleas of Cumberland County, Pennsylvania. 7. This action is not collusive. 8. The marriage is irretrievably broken. 9. PlaintilTand Defendant have becn advised of the availability of counseling, and of the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 330 I (c) and Section 330 I (d) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code"). COUNT II - EOlJlTADLE DISTRIBIITION 10. Paragraphs I through 9 are incorporated by reference as if set forth in full. 11. During the marriage, Plaintifl' and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501-3508 of the Divorce Code. 12. Plantiff Illay have owned, prior to the marriage, property, real and personal, which property has increased in value during the marriage 2 schedule: a. Father shall enjoy every other weekend from Saturday morning at 10:00 A.M. to Sunday afternoon at 4:00 P.M.; b. Father ~hall be permitted to attend the children's school, social, and other activities when the parents are invited to attend. Father shall be responsible for obtaining his own information regarding the school and extracurricular activities which the children are involved in. If there should be activities or events the children are involved in where the Father does not have access to such information, then the Mother shall assume responsibility for sharing with Father the appropriate information so he has adequate time to participate in the activity; c. The following Holidays shall be shared between the parties, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and each child's Birthday. Mother shall have the children on each holiday until 2:00 P.M. and Father shall have physical custody of the children from 2:00 P.M. until 9:00 P.M.; (1) As the children currently participate in church services on Christmas Eve, Mother shall retain physical custody of the children on this holiday. Father is both permitted and encouraged to join the children at the services. If, in the future the children do not participate in Christmas Eve services, Father shall be entitled to visitation with the children from 2:00 P.M. until 9:00 P.M. on Christmas Eve; (2) If a child's Birthday falls on a school day, Father shall have the right to visitation with the child on the evening of the child's Birthday to the extent the parties can agree. Alternatively, if the parties cannot agree, Father, upon ten (10) days notice to Mother, can elect to spend other time with the child to celebrate his or her Birthday including, but not limited to a weekend day preceding or after the child's birthday; (3) If either party has planned or is planning in a special event for a holiday, either party may request additional time with the children. Each party agrees to provide the other with as much notice as is practicable and reasonable in advance of such holiday; d. Notwithstanding any of the above provisions, Father shall have physical custody of the children on Father's Day from 9:00 A.M. until 8:00 P.M. and Mother shall have physical custody of the children on Mother's Day from 9:00 A.M. until 8:00 P.M.; e. Father shall have the right to visitation with the children for a two (2) week period from the last day of school, until one week before school begins. This time shall be mutually agreed to between the parties. To allow for coordination of their schedules, Father shall provide thirty (30) days notice to Mother of the designated two (2) week period he desires visitation with the children; f. In the event Father has physical custody of ~he children at a time during which either of the children has a scheduled activity (i.e. school, organized sports, choir, etc.), Father agrees to insure the children's participation in the scheduled actiVity. If Father is unable to insure the child's participation in his or her activity, Father shall provide notice to Mother of such inability and the parties shall attempt to make those arrangements as are practicable and necessary for the child to attend the actiVity; g. The parties agree they will not do anything which shall cause estrangement between the children and the other parent, injure the opinion of a child as to the other parent, or hamper the free and natural development of love and respect by the children for the other parent. The parties shall not criticize or insult each other within the hearing range of the children. The parties acknowledge that failure to comply with this provision may be considered irresponsible behavior which is not in the best interest of the children; h. The parties further agree they shall cooperate fully in implementing the terms of this agreement and that the parties are encouraged to schedule such other visitation as can be mutually agreed upon. DATE: ",,-/ f?/ I I , 1995 ). . f/ A..,\./t,dll\ / h {. l/lJ\_>vCi--0 ,. {'-~v'/- FRANCES DANLEY VIVIAN DATE: ~/s , 1995 ~~;.d~ ROBERT WILLIAM DANLEY JUt 1 J 1995 l,- VIVIAN FRANCES DANLEY, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs ) ) CUSTODY/VISITATION ROBERT WILLIAM DANr.EY I ) Defendant ) NO. 94-6460 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of July 1995. it being reported to the conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. :~ Sa L. Andes Custody Conciliator >- '" ~ ..:! 1-'":' ~r' N . -~ :-: {<-, ." ; ~( i:':' ) :".. : ~;~ ('. 'n I') fi:~ i ,~ F~ 1'- ;:J -if I) -, ).:.t.. Lo. v, ~"i 0 0) \'-) VIVIAN FRANCES DANLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 94-6460 ROBERT WILLIAM DANLEY, : CIVIL ACTION. LAW Defendant : DIVORCE/CUSTODY OPPOSITION TO REQUEST FOR DIVORCE DECREE COMES NOW, the Plaintiff in the above matter, by her counsel, Sumuel W. Milkes, JACOBSEN & MILKES, and formally opposes the entry of a divorce decree. The Plaintiff was served with Defendant's Notice of Intention to Request Divorce Decree. This is a proceeding in which Equitable Distribution is sought. The matters at issue have not been bifurcated and the Plaintiff is not in agreement that they should be bifurcated. Accordingly, it is premature for such a Decree to be entered. j IL1)Cj/ '.- V) l,-; ", '- e , I tJ ~ 0: ); r' , ... V-I c.,', , , c '., , '.I L:' .. , ,. r- I.. lor 1..J d. Defendant shall be entitled to celebrate the children's birthdays with them on the day of their Birthday, if it does not fall on a school day from 2:00 P.M. until 8:00 P.M.. If the child's birthday does fall on a school day the Defendant shall be able to celebrate the child's Birthday on a day of the WEekend prior to the child's Birthday from 2:00 P.M. until 8:00 P.M., as long as Plaintiff is given forty-eight (48) hours notice. e. Defendant shall have the ability to share Father's Day with his minor children from 9:00 A.M. until 8:00 P.M.. f. If and in the event any of the children's activities are scheduled for the time Defendant is entitled to custody of the children, Defendant shall, at his discretion, either assure the children's participation in their activities or waive his rights to partial physical custody during the period when the children's activities are scheduled. Notice of any such waiver shall be given to the Plaintiff seven (7) days prior to any scheduled activity. g. The parties shall be free to further schedule such visitation as they can mutually agreed upon. WHEREFORE, Plaintiff requests this Honorable Court grant Full Legal and Physical Custody of the parties minor children to Plaintiff, subject to the Defendant's rights to Partial Physical Custody, as stated above. Respectfully Submitted, , ,u::::~.~~~ Id. No. 64998 110 South carlisle Street P.O. Box 670 New Bloomfield, PA 17068 Attorney for Plaintiff I ;1 ~ t : ""'.... tP VIVIAN FRANCES DANLEY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-6460 CIVIL 1994 ROBERT WILLIAM DANLEY, Defendant/Petitioner IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ~ day of .J2nU' 1-' 1999, upon consideration of the Petition of the Defendant/Petitioner To Terminate or Modify Alimony, a Rule is entered on the Respondent, Vivian Frances Danley, to show cause why the prayer of the within Petition should not be granted. This Rule is returnable within fifteen (15) days of service upon the Respondent. BY THE COURT: c:\wpSl\sjd\domestfc\danlcy.ordcr .., of competent jurisdiction to modify said obligation in the event of a change in circumstances of a substantial and continuing nature. 6. Pursuant to paragraph 4 (a) of the Agreement, the parties agreed that an increase or decrease in either party's income which is thirty (30%) percent or greater shall constitute a substantial change of income. 7. At the time of execution of the Agreement and at the time of entry of the Divorce Decree, the Petitioner's monthly net income was $2,05B.00. B. The Petitioner's current monthly net income is $1,474,70. A true and correct copy of the Petitioner's pay stub, which reflects a normal paycheck on an every other week basis is attached hereto as Exhibit C and is incorporated herein by reference as if set forth in full. 9. At the time of execution of the Agreement and at the time of entry of the Divorce Decree, the Respondent's monthly net income was $433.00. 10. The Petitioner believes and therefore avers that the Respondent's current monthly net income is $552.00. 11. Since entry of the Divorce Decree, the circumstances have changed in a substantial and continuing nature, namely, the combination of the Petitioner's decrease in his net income and the Respondent's increase in her net income is greater than 30%. 12. Petitioner believes that, in view of the substantial and continuing change in circumstances as set forth above, the 2 ,..- ,.. '. MARITAL SETTLEMENT AGREEMENT '. THIS AGREEMENT is made as ot the ICtf, day ot OctOber, 1997, by and between Robert W. Danley, an adult individual residing at 4321 North Second street, Harrisburg, Dauphin County, Pennsylvania ("Husband"), and Vivian Frances Danley, an adult individual residing at 110~ocust Lane, Mechanicsburg, Cumberland county, Pennsylvania ("Wite"). Recitals: The Background ot this Agreement is as tollows: A. The parties hereto, being Husband and Wite, were lawfully married on August 1, 1981. B. Ditferences-have1arisen between Husband and Wife and as a result they live separate and apart from each other and I have done so continuously since November 12, 1994. , , C. Wife has filed a divorce action under Section 3301(C) ot the Pennsylvania Divorce Code in Cumberland County, Pennsylvania, to which Husband tiled a Counterclaim in Divorce under Sections 3301(C) and 3301(d) ot the Pennsylvania Divorce Code, which action is docketed to No. 94-6460 (the "Divorce Action") . D. Husband and Wife desire to settle and determine finally, and for all time, their mutual property rights, support and other matters related in any way to the Divorce Action. EXHIBIT A . , E. There were two children born of the marriage between Husband and Wife, Robert E. Danley (d.o.b. June 15, 1985) and Xatherine L. Danley (d.o.b. October 9, 1986). NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings herein contained, the parties hereto, EACH INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: 1. Recitals. The Recitals set forth above are incorporated horein by reference as if set forth in full. 2. Divorce. It is specifically unders~ood and agr~ed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. wife originally filed the Divorce Action on or about ~ovember 14, 1994 and the parties agree to take all legal steps (including the timely and prompt I submission of all documents and the taking of all action) I necessary to assure tha~ a divorce pursuant to section 3301(C) or 3301(d) of the Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference but not merged into the Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to cohabit or dwell 2 ." . .. . . with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Custodv. The parties are subject to an Order of Court entered dated May 22, 1995 in the Divorce Action relative to the custody of their minor children. The parties recognize that the said Order of Court is subject to modification in accordance with Pennsylvania Law, and each party specifically reserves .the right to request such modification under the Divorce Action. 4. Alimonv and Child SuPPo~. The parties acknowledge an Order of Court at docket No. 943 of 1994 in the Court of Common Pleas of cumberland County relative to spousal and child support. Said Order shall remain in effect until entry I of a Divorce Decree in the Divorce Action. Thereafter, all child . support and alimony payments set forth herein shall be payable through the Cumberland County Domestic Relations Office under the said docket number. (al Husband shall pay to Wife the sum of Five Hundred, Thirty and 00/100 ($530.00) Dollars as alimony for the support of Wife. Husband's obligation to pay alimony shall terminate upon the death of either party, or upon Wife's remarriage or cohabitation with another adult, or September 1, 2002, whichever shall first occur, provided, however, that each party specifically reserves the right to request a court of 3 .'.~ , competent jurisdlction to modi!y this Paragraph 4(a) in the event of change in circumstances of a substantial and continuing nature. For purposes of any such request to change this Paragraph 4(a), the parties agree that an increase or decrease in either party's income which is thirty (Jot) percent or greater shall constitute a substantial change of income. (b) Husband shall pay to Wife the sum of Five Hundred, Eighty and 00/100 ($580.00) Dollars for the support of the parties' two minor children, until either child reaches the age o! 18 years old and is no longer enrolled in high school, at which time child support shall be recalculated in accordance with the Pennsylvania Support Guidelines. Additionally, each party shall pay one-halt of any child care costs for the minor children. ~ (cl The children are currently carried on . Husband's health insurance policy. Husband agrees to continue to L , carry such insurance as long it is provided by his employer. Any unreimbursed medical expenses incurred for the care of the parties' children including, without limitation, orthodontic and psychological care shall be divided equally between the parties; provided, however, that, except in emergency situations and regular routine examinations, the parties shall consult with one another before incurring any such expenses. (d) The parties agree that, under the current child custody arrangement, Wife shall be entitled to claim both of the children as dependents on her tax returns. Each party 4 .) . . reserves the right to alter this provision in accordance with the applicable tax laws in the event the current custody arrangement is altered. 5. Marital Procertv. (a) Personal Procertv. Husband and Wife acknowledge that they have divided all personal property acquired during the marriage to their mutual satisfaction. Husband hereby relinquishes all right, title and interest in Wife's personal property currently in her possession, and Wife hereby relinquishes all right, title and interest in Husband's personal property currently in his possession. Except to the extent specifically set forth herein, or in the case of failure of either party to disclose the same, each party hereby specifically " agrees and by this AgreeMent does hereby release all of his or her right, title and interest to the other party's personal . property in such other party's possession. . I (b) civil War Chest Set. Husband agrees that Wife shall retain possession of the civil War Chest Set; provided however, that Wife agrees to give said property to the parties' son, Robert when he reaches the age of eighteen (18) years of age or upon Wife's death, whichever occurs first. (c) Automobiles. (i) Wife will retain possession of the 1993 corsica and Husband agrees to payoff the outstanding loan with \)iQ..Y", 'L{ IIf} either immediately or in monthly current 5 ,'. . (' payments, at Husband's sole discretion. Wife shall pay all costs and expenses, of whatever nature, related to maintaining, repairing, and insuring said vehicle. Husband agrees to transfer all right, title and interest in said vehicle to Wife upon payment of the said outstanding loan. (ii) Husband will retain possession of the 1994 Corsica and shall be responsible for any outstanding loans with respect to said vehicle. Husband shall pay all costs and expenses, of whatever nature, related to maintaining, repairing/ and insuring said vehicle. Wife agrees to transfer all right, title and interest in said vehicle to , . , Husband. (d) Real Prooertv. owners of the real property located Husband and Wife are N at 110 Locust Lane, the Mechanicsburg, CUmberland County, Pennsylvania, (the "Real Property"). ContemporaneOUSly with the execution of this Agreement, Husband shall execute a deed conveying his ,right, title and interest in the Real Property to Wife, which deed shall be held in escrow by Husband's attorney until Wife removes Husband from the mortgage obligation secured by, and any other liens against, such Real Property. Upon receipt of evidence of Husband's release of said obligations, Husband's attorney shall 6 " ., deliver the executed deed to Wite's attorney, at which time, Wife may record the deed at her sole cost and expense. Wife shall also be solely responsible for payment of all other real estate-related and other expenses relative to the Real Property inClUding, without limitation, maintenance and utility costs, and Wife hereby agrees to indemnity and save Husband harmless from any loss he may sustain, including attorney fees and costs, as a result of any default or failure in payment such costs or expenses by Wife. Wife shall assume all payments for the mortgage on the Real Property to Homeside Lending, Inc., or any other liens against the Real Property. Wife agrees to hold Husband harmless and indemnify Husband against any and all liability arising out . , ~ ot or relating to the saia mortgage, any home equity loans, real estate taxes and insurance on the Real Property. As soon as practical after execution of this Agreement, and in no event later than twenty-four (24) months after the execution of this Agreement, Wife shall remove Husband's name from the mortgage against the Real Property. In the event: 1) Wife is unable to or fails to timely secure a commitment for such refinancing; or 2) Wife fails to complete such refinancing and/or completely remove Husband from. responsibility for said obligations within two (2) years after execution of this Agrep.ment; or J) Husband makes any payments on the mortgage, or for real estate taxes or insurance on the marital residence because of Wife's tailure to do so, \ Husband may, at his option, demand that the Real Property be sold 7 ,. -:~ . at a price to be aqreed upon by the parties or, if the parties are unable to aqree, at a price not less than ninetY-five (95%) per cent of the appraised value of the residence, the proceeds of which shall be applied to satisfy the mortqaqe and any other monetary encumbrances (other than these arisinq after the date of this Aqreement and solely caused by actions or inactions of Wife, which shall be paid by Wife upon demand by Husband), with any remaininq net proceeds to be divided equally between the parties. 6. Profit Sharina. Retirement and Securities. Husband and wite each, by this Aqreement and without limitation, expressly waive and relinquish any riqht or interest that the other may have in and to the others' retirement, profit sharinq, pension and othor similar employer provided plans and incentives. .- Further, Wife specifically-waives all her riqhts, title and interest in and to any stocks, bonds, mutual fund accounts or any I other similar security or investment vehicle that Husband now has . or may hereinafter acquire, includinq, without limitation any stock in praxair Incorporated or praxair Company, n~w owned or to be acquired by Husband. The values of such property have been tUlly disclosed to and receipt thereof is hereby acknowledqed by wife. 7. After-Acquired Property. Husband and wife acknowledqe that they have been livinq separate and apart since November 12, 1994. Each party expressly waives and relinquishes any riqht or interest he and she may have in property, real, B ~~- , personal or mixed, purchased or otherwise acquired by the other party after the date of separation as set forth above. 8. Joint Debts. Husband and Wife represent that there are no joint debts or other obligations incurred by either of them currently outstanding with respect to which the other party may incur any liability now or in the future, except as otherwise set forth herein. (a) The parties shall cancel any joint credit cards that they may have. (bl Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for ~ agreed-hereunder to bear sole responsibility, which the party has or which the party has failed to disclose and provide for herein. I . . 9. other Writinas. Each of the parties hereto agrees I to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. ~O. Further Debt. (al Wife shall not contract or incur any debt or liability for which Husband or his property or estate.might be r~sponsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. 9 , ...'" , (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 11. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically, without limitation, from the following: alimony, alimony pendente lite, spousal support, counsel fees, division of property, claims or rights of dower and right to live in the .. marital residence, right to act as executor or administrator in the other's estate, rights as devisee or legatee in the last will ~ and testament of the other, any claim or right as beneficiary in t any lite insurance policy of the other and any claim or right in the distributive share or intestate share of the other party's estate. 12. Entire Aqreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 13. Leqallv Bindinq. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall 10 , . I bind the parties hereto and their respective heirs, executors, administrators and assigns. 14. Full Disclosure. Each party asserts that she or he has fully disclosed both the existence and valuation of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances i.lcurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party represents and warrants that there are no undisclosed debts or obligations for which the other I party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including ~ attorneys' fees and costs. Each party further acknowledges that \ this Agreement represents a fair division of all marital property and that neither party is being coerced to enter into this Agreement, which both parties hereby acknowledge is executed of his or her own free will after consulting with counsel of his or her choosing, Stephen J. Dzuranin for Husband and Samuel W. Milkes for Wife. 15. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and the services of legal counsel are required to enforce such duty or obligation, whether or not 11 . , . ~ legal proceedings are commenced, the party found to be in default shall be liable for all expenses, including reasonable attorney's fees, incurred as a result. 16. asreement Voluntarilv and Clearlv Understood. Each party to this Agreement acknowledges and declares that he or she res~ectively: (a) Is fully and completely informed as to the facts relating to the subje?t matter of this Agreement and as to his and her rights and liabilities; (b) Has given careful and mature thought to the making of this Agreement; (c) Has carefully read each provision of this Agreement; and (d) I Fully and completely understands each I I provision of this Agreement, as to both the subject matter and legal effect thereof. 17. Amendment or Modification. This Agreement may be \ amended or modified only by a written instrument signed by both parties. 18. Aoolicable Law. This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 19. Severabilitv. If any term, condition, clause or prOVision in this Agreement shall be determined or declared by a court of competent jurisdiction to be void or invalid in law or otherwise, then only that term, condition, clause or provision 12 . . . ., .) ~(' COMMONWEALTH OF PENNSYLVANIA 55. : COUNTY OF ~I.C"'\ On this, the \\J:-.'-. day 0!2c..':::"'0~ , 1997, bet ore me, a Notary Public, the undersigned, personally appeared Robert W. Danley, known to me (or satistactorily proven) to be the person whose name are.inscribed to the within instrument, and acknowledged that he executed the same tor the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and otticial seal. NOTARIAL SEAL USA R. AOWI!. NOlII'f Publ1c CIty cI HIITiabutv. Oll/Pl>ln County MY Commlulon Ex . Ju 12. 2001 ~~~~.~~ Notary Public - My Commission Expires: (SEAL) , . COMMONWEALTH OF PENNSYLVANIA : Q. J J.v I. ( :,PS. : COUNTY OF Ufl::;flcLG/f.',"-;..:. :: On this, the 11~day of ~t~~ 1997, betore me, a Notary Public, the undertIgned, personally appeared Vivian Frances Danley, known to me (or satistactorily proven) to be the person whose name are inscribed to the within instrument, and acknowledged that she executed the same tor the purposes therein contained. . \ IN WITNESS WHEREOF, I otticial seal. hav~~to set my hand and ~;,l. 7t/j//gJ~""-- 'Notary Public . My~mmission Expire . ( SEAL 1laTARW. SQl, lll'iOllllA U, IlASSEY NaTAllY PUllUC CoIIlUIU 1lMl, CUIlSalWlO CO. Jlr\ Il'I COllIIISSlON WlAES 1OIOl8Ell. I. 11197 c:\wp51\.Jd\documon'.\d.nl.y..gr....n' " :oCI'X>lll>'.:'loQ< ~ ~ ~ IN ~ 8 ~ ~ ~ ~ ~ :< l!o ~ e ~ " ~ ~ ~ ~ ,. ~ ~ ~ ~ I ~ ij ~ ~ ~ ~ .~ ~ L-_-- , I '""' w,'.;<-. ':""':lC-'>ooc<___~,;,:-::~oc<:,;':':":OC<;'_>llIX'-lC., : ~>*Y.lc<XCl(___~~ ~ ~ ; ~ ~ ~ ~ ~ ~ i ~ i (~ i ~ ~ ; ~ ~ ~ ~ ') ~ ~ ~ . HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '*' PENNA. VJ'U(l~."f..~.(lNc:~~ "o.M~.~F;X..............,............ II II II II N (). ....'~~'~.~~'~9. ....~.~.Y.~.~ 19 94 .......... ..Ua in tif f............. ..................... ............ Versus ... .~9.~E.~r..\o1IP~~M1. ..o.~~.~~.v............................ .. .... ...D~Je.~~.alJt;:........".............................".. DECREE IN DIVORCE AND NOW, .., W.qv.~ ~~.r.r. ..\.':1...... .. 19.1.'),.. it I! ordered and decreed that ... ~~~.~~~. .F.~~~~~.~. ~~!1.1.~~..... . . .. .. . .. . .. . . . .. plaintiff, and.... ~?b.~::~. ~~~~~~.~. ~~~.~~~.... .......,................. defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have beer. raised of record In this action for which a final order has not yet been entered; The Marital Settlement Agreement dated October 10, 1997 II ........................................................................, is attached hereto and is hereby incorporated into this Decree. .................. ............ .... .... ............ ......................... :,:;;i~hJJ!f'~;;J}J:J~mj ......~...K..~,...-91.....p~~ih~~~ia.;y... ~ ~~~~~.~.~.~~*.~.~~~::~~:~~~;~~~. EXHIBIT B \ ~ ';0 ;;, ;:I ,;, ~ ~ $ ~ ~ ., .I VIVIAN FRANCES DANLEY, PluintifT/Respondent v. : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA NO. 94.6460 CIVIL 1994 ROBERT WILLIAM DANLEY, Defendun tIP eti tio ner IN DIVORCE MOTION FOR SUMMARY JUDGMENT/MOTION TO DISMISS COMES NOW, the Pluintiff in the above referenced action, Respondent herein, by her attorney, Samuel W. Milkes, Esq., JACOBSEN & MILKES, and requests of this Honorable Court that the Petition to Terminate or Modify Alimony filed by Defendant/PetitiCJner be dismissed for the following reasons: 1. By abTfeement of the parties, in a Marital Settlement Agreement, the Defendant/Petitioner ngrlJed to pay to Plaintiff/Respondent monthly alimony of $530 until September 1, 2002. 2. Within the Defendant/Petitioner's Petition, at paragraphs seven through ten, the Petitioner ulleges that there has been a change of income of the parties since the Maritul Settlement Agreement was signed, justifying a reduction or termination of alimony. 3. The Petitioner has ulleged a change of his own income, claiming that it has decreased by 28.35'lo since the time the Marital Settlement Agreement was executed. 4. The Petitioner has cluimed that the Respondent's income has increased by 27.48'lo since the time of the Marital Settlement Agreement was executed. " ... WHEREFORE, for the ubove referenced reusons, Respondent respectfully requests of this Honoruble Court thut the Petition of the Defendunt/Petitioner be dismissed. Respectfully submitted, P\e.a~--c f\ \~ ~ Y: Sumue W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Curlisle, PA 17013 (717) 249-6427 Attorney No. 30130 -\=0 ("" k-3..xf'\C (\ \- I CeLl-\- - -\1nCl"\ le:o, I, I I I >-- <":' (I.. ,-- ....-:.\ .. Ul(" <.} l I'; . , 1.- C')' (,: \ -, J_' I t21 r I. i l'- " c' L; ,- , -. JACOBSEN & MILKES S2 Easl High Slreel Carli.le, PA 17013-308S .. S'J'EPIII.;N J DZ1Jlll\NJN wrx WIWGlm & \~r; IIJNI-;H ~OO NOH'[1I1 ~.iI~CnND SIPcua';'ll PO IJOX 045 1Il\llIn:JIlUHG PA 1"/100,,0045 JACOBSEN & MILKES 52 East High Slreet Carlisle, PA 17013-3085 .. S,\~IIIJ':1. \V i\IILKI':S J,\ClJHSEN ,'" ~IJLJ(I':S :;2 /':AST /I'C/I S'I'IlI':ET CI\Ilf./SI.I.: I'A 1701:1 Petitioner's attorney, Respondent has failed or refused to provide any information concerning Respondent's current income. It is believed and therefore averred that her income is sUbstantially greater than $533.00 per month. 5. Admitted in part and denied in part. It is admitted that the paragraph recited in the Respondent's paragraph 5 is the same as paragraph 4(a) of the party's Marital Settlement Agreement. However, it is specifically denied that the calculation of the party's income at thirty (30%) percent or greater was the sole and exclusive method for determining a change in circumstances of a substantial and continuing nature. To the contrary, said paragraph 4(a) was only one example of when the parties' agree that a change in circumstances of a substantial and continuing nature exists. 6. Denien. The intent of the parties in paragraph 4(a) of the Marital Settlement Agreement did contemplate that a substantial change of income occurs when the difference between the parties' income is greater than thirty (30%) percent. It is denied that the four corners of the document define a substantial change in income as requiring that either of the income of the Petitioner or the income of the Respondent change by thirty (30%) percent. By way of further answer, it is believed and therefore averred that, nevertheless, such a change has occurred in the Respondent's income. -2- , .:1 , " , I: ( ,.. r I ( L r I I I' I, r .1 ,-, ; l"-' l J ~ 0> LU 0> 0 Z '" Cl '" 0 LU ~ ;;; ~ ... ~ "' :s ~ "' ~ 0: " ~ ~ <:ll ~ 0( ~ ~ ~ ~ ~ "' . ~ "' '" ~ ~ LU " :J Z . - \.J 0: 0 Z - ~ g "' ~ w Z '" - ~ 0 0. ~ 0 LU ~ " U u ~ ., 0: w ~ :J w '" >- >< " ~ ~ 0: 0( :t , In the Court of Common Pleas of CUMnERI,ANU County, Pennsylvania DOME!>,IC RELATIONS SECTION VIVIAN DANLEY ) Order Number 943 S 94 Plaintiff ) ?1f-~II~O VS. ) PACSES Ca.,e Number 170000020 RODERT W. DANLEY ) Docket Number 943 S 94 Defendant ) Otber State ID Number ORDER OF COURT o Final po Interim 0 Modified AND NOW. 6TH DAY OF MARCH, 2003 ,based upon the Court's detennination that the Payee's monthly net income is $ 1245.48 and the Payor's monthly net income is $ 1,833.02 . it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit FIVE HUNDRED FORTY NINE AND XX/l00 Dollars ($ 549.00 ) a month payable BIWEEKLY. as follows: first payment due NEXT MODIFIED WAGE ATTACHMENT. The effective date of the order is 01/28/03 . Arrears set at $ 734.12 as of MARCH 6, 2003 are due in full IMMEDIATELY. Alltenns of this Order are subject to collection andlor er. ~Jrcement by contempt proceedings. credit bureau reporting. tax refund offset certification, driver's license revocation. and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initialed as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name ROBERT E. DANLEY KATHERINE DANLEY ninh Dille 06/15/85 10/09/86 Service Type M Fonn OE-5IB Worker ID 21005 DANLEY v. DANLEY IMPORTANT LEGAL NOTICE PACSES Case Numher: 170000020 PARTIES MUST WITIIIN SEVEN DAYS INFORM TIlE DOMESTIC RELATIONS SECTION AND THE OTIIER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR TIlE ADMINISTRATION OF TIlE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO. LOSS OR CIIANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PAR7Y WIIO WILLFUllY FAILS TO REPORT A MATERIAL C/lANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT. AND MA Y BE FINED OR IMI'RISONE/). PENNSYLVANIA LAW PROVIDES TIIAT ALL SUPPORT ORDERS SHALL IJE REVIEWED AT LEAST ONCE EVERY TIIREE (3) YEARS IF SUCII REVIEW IS REQUESTED BY ONE OF TIlE PARTIES, IF YOU WISfI TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO TIlE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT TIlE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CIIILD SUPPORT AND ALIMONY PENDENTE LITE. SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREA TER THAN ONE MONTH'S SUPPORT OBLIGATION AND (I) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING: OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY IJE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACfI UNPAID SUPPORT PAYMENT SHALL CONSTITUTE. BY OPERATION OF LAW, A JUDGMENT AGAINST YOU. AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary. commissions, andlor income may be allached in accordance with law; this Order will be increased without further hearing by 0 % il month until all arrearages are paid in full. Payor ..., ,. l I ~ ' is responsible for court costs an~ \ ~ ,'.' , L'....~ I ..J-:;. '70), Copies delivered 10 panics Dale Consented: Plaintiff Defendant D1lO. HJ Sb"drlTly XCI pl"lnUff defend"nt Service Type M Plaintiffs Attorney Defendant's Attorney BY T/H~_COUr: " C .,\/. ~,,~ ?v,b~. Ed9'U. B. r,Yley' .. . \,udge Page 4 of 4 FornIOE-SIB Worker ID 21005