HomeMy WebLinkAbout95-00571
:\
ii,
I
!,
I
.,'
,,'~ "
':,' i.f.
:1
:1
,
r
;1
u
<:\ WJ'II \ I hum!",," \pl. "Ie ,(1< I
May'J.I'm
!JMAY 3 0 97
PATRICE RENAE PLANTE,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 95.571 CIVIL TERM
vs,
JOSEPH THOMAS PLANTE,
Defendant/Respondent
IN DIVORCE
~
AND NOW, this
'111
, 1997, upon consideration of
day of CJ-..k~
I
the within Petition for Contempt and Sanctions, a Rule Is Issued upon Respondent to show
cause why he should not be held In contempt of court for failure to pay to Petitioner $4,000.00
pursuant to the parties' Marital Settlement Agreement, to pay the Interest thereon from the date
It became due, to pay Petitioner's attorneys' fees and costs, and why this Court should not enter
Judgment on Its Order and attach Respondent's wages.
RULE returnable at a hearing set for the Il.r U.. day of '-ja'1L'L , 1997,
In Court Roorn No. ~ at the Cumberland County Court House In Carlisle, Pennsylvania at
3',00 o'clock P . M.
~
J,
,
~: 'i
: '
",
-...... ~.
<: \ "1'11\1 hump'un \plnn 10. pc I
May 12.1')1)1
PATRICE RENAE PLANTE,
Plaintiff/Petitioner
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-571 CIVIL TERM
IN DIVORCE
JOSEPH THOMAS PLANTE,
Defendant/Respondent
PETITION FOR COI'ITEMPT AND SANCTIONS
Now comes PATRICE RENAE HERB, forrnerly Patrice Renae Plante, by and through her
counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P,C., and petitions this Honorable Court
as follows:
1. The parties hereto were divorced by decree of May 18, 1995,
2. . Incorporated but not merged In the Divorce Decree was a Marital Settlement
Agreement of March 9. 1995. A copy of the Decree and the Marital Settlernent Agreement are
attached hereto as Exhibit "A".
3. Paragraph 3 of the Agreement called, Inter alia, for husband to pay to wife the surn
of $6,000.00 In three Installrnents of $2,000.00 each, the first Installment being due on or before
May 1, 1995; the second installment due on or before May 1, 1996; and the third Installment due
011 or before May 1, 1997.
4. The Marital Settlement Agreernent, In Paragraph 13, calls for attorneys' fees to be
paid by any party who breaches the terms of the Agreement.
5. The Defendant, Respondent herein, has failed or refused to comply with the terms
of Paragraph 3 In the Agreement as aforesaid in that he has not rnade two of the $2,000.00
payments required, those due on May 1,1996 and May 1, 1997.
C: \ W(\ll \1 hum 1""" \pl." Ie. pel
May'J,IW1
WHEREFORE, Petitioner prays this Honorable Court to enter a Rule upon the Respondent
to show cause why he should not be held In contempt of Court, and after a hearing, to order
Respondent to Immediately pay to Petitioner $4,000.00 with Interest on each $2,000.00 payment
from the date due according to the terms of the Agreernent, reasonable attorneys' fees, and to
By:
enter judgment on the amount of the Order, and attach wages to Insure the payment of the
Judgment, all pursuant to 23 Pa. C.S.A.!l3502(e),
FLOWER, MORGENTHAL FLOWER & LINDSAY, P,C,
Attorneys for Plaintiff/Petitioner
ndsay, Esquire
ID # 4 3
11 East High Street
Carlisle, PA 17013
(717) 243,5513
l
c:\ "]\51 \1 huOl I",.n \l'llI nle .I'e I
~11l)' l,JI)lJ7
~8IIQ.N
I, the undersigned, hereby verify that the statements rnade herein are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9
4904, relating to unsworn falsification to authorities.
Date: ')-/ ~-t:17
,
/-,,' 'c......v
'.' __c/ ('
.:..:. .:+:.' .~) .:.:.' .:.:.' .:.:.- .:+>' .:+:,' .:+:,',:+:-' ':C-' .:.:. .:+:. .:+:. .:.:. .:.:. .:.:. .:+:. .:+:. .:.:..:.:>:.:.::.:.x:.:.>:;.:.>:;.:.>::.:.:.~ .:.>:'.:+>:;':~:';4
',_. - ..
~ . .' ~
" . . "
/s/, Edgar B. Bayley '~
Attest: Lawrence E. Welker, Prothonotary J, ..
.
,r 41" ~~"'r~ ~ ~M.,9F ' ,;.
.. {I (/ DePUty.v Prothonotnry
~ :$
_~_, CEm'IFIED ropy ISSUED MAY 19 r' 1995 '. .".. ..' , :~
.~.,:. .:+:. .:+:. .:+:. .:.;. .:-):. ;.;. .;Jl:.:'):' ;;.:. .:~:. .:+:. :t:. .:.:. .:+:. .;,:. .:.:. .:+:. .:.:. ,:t-:. .:+:. .:.:.
w'
:.'
~
','
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
I'S'
~~
~~~~~
~
'.'
~',
~
,',
~
~
'.'
~
~
,',
*
~
'.'
~
'.'
~
~
'.'
~
'.'
~
','
~
~
'.'
r,
,',
*
,',
~
l~
I;'
II;'
'.'
I~
l~
','
d!!
!~
t,.,
)~
!~
",'
l~
j'.'
,,',
ff.
i'
I~
):::
of.
!~
,'0'
L..
I~
j'
:~
-" " '. .' .
, , . ~, I
6
~
~
"
w
~.'
.:.
.,
STATE OF
PENNA.
a
~.'
,~
~
a
','
,',
~
a
','
PATRICE RENAE PLIINl'E,
"......,.....................",...................................................
l\ (I, ."""2.n"""",, ,..c;:mr,.,.. 1 t) 95
Plaintiff
......"................"........ ,....".".......".....", ....................
w
"
VlJl.:Ht8
~
~.'
JOSEPH TIlCMAS PLl\NI'E,
..................,............... .......' ., ,.........,.....................
w
~.'
w
'.'
Defendant.. .
"
,',
~
w
','
DECREE IN
DIVORCE
w
','
.'~
~
tt!
.'
,,~
,',
~
AND NOW, . .. .. ...... May. .l.8.,. .......... 19. ~!,i.... it is ordered and
decreed that ..,........., .EATRICE ,1lENl\E .EIANI'E. , . . . , . , . . . . , ... plaintiff,
and, ..,. .... ...... ...... ..Y'OSl'l'a, '.l'l;I(lol(IS, PJ:.1\l'1rE.. .... ., ..... ., defendant,
are divorced from the bonds of matrimony,
M
,,'
~
~~
,~
"
~
"
The court retains jurisdiction of the folL:'.vil~g claims which have
been raised of record in this action for which a final order has not yet
been entered;
"
~
,',
*
~
','
~
'.'
None.
...... .... ............ ..... ......... ............ .., ..... ...................
.:.
"
M
~.
M
",
., ............. .... ......... .... ...... ...... ...... ...... ...... .......... '"
Dy The Court.
~
.,'
~
','
~
"
,;;
,~
PATRICE RENAE PLANTE, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACTION. DIVORCE
.
. NO. 95- 571 CIVIL TERM
.
JOSEPH THOMAS PLANTE, .
.
Defendant . It-! DIVORCE
.
THIS Agreement made this
C(fl day of
Yvld./l-d
.1995,
by and between PATRICE RENAE PLANTE, of 4341 Carlisle Pike, Apt. B-6, Camp Hili,
Cumberland County, pennsylvania, hereinafter referred to as WIFE, and JOSEPH THOMAS
PLANTE, of 17 Earl Street, Shlppensburg, Cumberland County, Pennsylvania, hereinafter referred
to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined In marriage on
February 23, 1989, in Vista, California; and
WHEREAS, a Complalnt for Divorce has been filed In the Court of Common Pleas of
Cumberland County, PennsylvanIa, to No, 95.571 Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, Including, without limitation,
the settling of all matters between them relating to the ownershIp of real and personal property,
..{jlj!E.,.......
t.....
f
and In general, the settling of any end all claims and possible claIms agaInst the other or against
their respective estates,
NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
both Intending to be legally bound, hereby covenant and agree as follows:
1, AdvIce at Counsel: The parties hereto acknowledge that each has been notlfied
of his or her right to consult with counsel of his or her choice, and have been provIded a copy of
thIs agreement with which to consult with counsel, WIFE is represented by Roger M, Morgenthal,
Esquire; and HUSBAND has been advised that he may be represented by counsel of his choice,
Each party acknowledges and accepts that this agreement Is, In the cIrcumstances, fair and
equitable, and that it Is being entered Into freely and voluntarily, after having received such advice
and with such knowledge as each has sought from counsel, and that execution of this agreement
Is not the result of any duress or undue Influence, and that It Is not the result of any Improper or
Illegal agreement or agreements,
2, Divorce: The parties agree to the entry of a Decree In DIvorce. 111e parties will
execute, on the date of this agreement, Affidavits of Consent under Section 3301 (c) of the Divorce
Code, consenting to the entry of a Decree In Divorce,
~........
"
P.......
(/
2
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and Individual property of the party In whose possession It Is as of the date of this agreement,
HUSBAND agrees that WIFE shall be entitled to the Federal Income Tax Refund for
the tax year 1894, and he shall sIgn the check when received so that WIFE may negotiate the said
check,
WIFE shall transfer to HUSBAND the Pontiac LeMans automobile, and WIFE will pay
the remaInIng balance of approxImately $1,400,00 owed on saId vehIcle, HUSBAND, In tum,
agress to pay the sum of $6,000,00 to WIFE, representing payments for his share of outstandIng
obligations owed by the partIes, IncludIng the loan on the said LeMans vehIcle, Said $6,000.00
shall be payable In three Installments of $2,000,00 each, with the first Installment beIng due on or
before the first day of May, 1995; the second Installment due on or before the first day of May,
1996; and the thIrd Installment due on or before the first day of May, 1897, Provided that
HUSBAND falthfully pays the $6,000,00 to WIFE as stated, WIFE shall Indemnify and hold
harmless HUSBAND agaInst any additional costs or expenses regardIng the said Joint obligations,
4, Real Property: The part1ss did not own any real estate,
5, Alimony: The parties waive any claim that they may have one against the other for
alimony or spousal support, The partIes acknowledge that each has sufficient assets with which
to malntaln themselves after divorce,
~..,"'"
~~"...
.I
J
. d_-'-" '-.' ~
6, Marital Debt: The parties have agreed, In paragraph 3 above, upon arrangements
for the payment of outstanding marital debt, Henceforth, each party will Incur no debt for which
the other may be liable, and will Indemnify and hold the other harmless for any debt so Incurred,
7, Modification: No modification, rescission, or amendment of this agreement shall
be effective unless In writing signed by each of the parties hereto,
6. Applicable Law: All acts contemplated by this agreernent shall be construed and
enforced under the laws of the commonwealth of pennsylvania.
9. Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors In any Interest of the partles.
10, Agreement Not to be Merged: This agreement shall be Incorporated Into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not
be merged Into said decree, The parties shall have the right to enforce this agreement under the
Divorce Code of 1960, as amended, and In addition, shall retain any remedies In law or In equity
under this agreement as an Independent contract, Such remedies In law or equity are speclflcallY
not waived or released,
11. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
12, Full and Final Settlement: WIFE and HUSBAND each do hersby mutually remise,
release, qullclalrn and forever discharge the other and the estate of such other, for all time to
i~"...."
j'"
:;
T"''''''
,
4
come, and for all purposes whatsoever, of and from any and all rights, titles, Interests or claims
In or against the property Oncludlng Income and gain from property hereafter accruing, of the
other) or against the estate of such other, of whatever nature and Yfheresoever situate, which she
or he now has or at any time hereafter may have against such other, the estate of such other or
any part thersof, whether arising out of any former acts, contracts, engagements or liabilities of
such other, or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows'
or widowers' rights, family exemption or similar allowance, or under the Intestate laws, or the right
to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate In a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any other State, or any other Country, or any
rights which either spouse may have, or at any time hereafter have, for past, present or futlJre
support or maintenance, allrnony, alimony pendente /lte, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or before the breach of any thereof, It Is the Intention of HUSBAND and WIFE to give to each
other by the execution of this Agreement a full, complete and general release with respect to any
and all property of any kind or nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement, or for the breach of any
~"'ltl'I'
I....
./
s
.
thereof, subject, however, to the ImplementatIon and satisfaction of the conditIon precedent as
set forth hereIn above,
13, BREACH: In the event that either party breaches any provision of this Agroement,
he or she shall be responsible for any and all costs Incurred to enforce the Agreement, IncludIng,
but not limited to, court costs and counsel fees of the other part, In the event of breach, the other
party shall have the right, at his or her electIon, to sue for damages for such breach or to ssek
such other and addnlonal rernedles as may be available to him or her,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written,
Witness:
~
(Seal)
/))1/) f/Il nlA-./f-
u
;t;,"F/;()1 as,!
....
;;?
I
/~
~
(Seal)
o:e,PI!I!Jomlis Plante
',.
\
7
,
@f..,..""
L..
I
L.
6
COMMONWEALTH OF PENNSYLVANIA
.
.
: 8S.
COUNTY OF CUMBERLAND
.
.
qL ~.
ON this, the 'I day of ~!/) _ , 199:2:. before
me, the undersigned officer, personally appeared PATR CE RENAE PLANTE whose name Is
subscribed to the within Instrument, and acknowledged that she executed the same for the
purposes therein contained,
IN witness whereof, I hereunto set my hand and official seal,
?'~ '/1" t h&le1-!.
Not eut!Uc
SS.
NOTARIAL SEAL
TERESA J, BURKHOLDER, Notary Public
cartIsIe, Cumberland County, pa.
My Commlssfon Explrus Feb. 12, 199B
COMMONWEALTH OF PENNSYLVANIA
.
.
COUNTY OF CUMBERLAND
.
.
ON this, the ,':)0 H-... day of !J11'f1!c'1I , 199~ before
me, the undersigned officer, personally appeared JOSEPH THOMAS PLANTE whose name Is
subscribed to the withIn Instrument, and acknowledged that he executed the same for the
purposes therein contained.
IN witness whereof, I hereunto set my hand and official seal.
NOTAAlAL611.t.
KiNHE1ll L.6ClUiGEL. NOTARY PUIlUC
IWolPD&N 'IWI'.. CUIotIW1LAND co. PA
U'tW....t.C!!'O"fEXPIRESUAA.15.1DD1
_II. PAAS3OC1Al1!l~nFHOTARIES
7
J
..,-; ,. -.,
r, ..: i ~'r ...
, ",) ':~
l..; , \
-,f)
r ~- . ' 1'1
'.
!(''')
\...(1 ~.I1\
.' , .. . .:~
'.' :-.~
ell .....
JOSEPH THOMAS PLANTE,
Defendant
IN DIVORCE
.:\wp.ll\Cuml\I'ld~\I'llIlIt.,I'
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 95.571 CIVIL TERM
PATRICE RENAE PLANTE,
Plalnllff
ORDER OF eOUAl
AND NOW, this \l.o-t'l. day of '-) l'J\..O , 1997, upon
consideration of the within Petition, It appearing that Respondent has not been served with the
Petition for Conternpt and Sanctions, despite diligent effort by Petitioner, the hearing on said
petition Is continued to the ~\ ~-\. _ day of \vj~ ' 1997 In Court
Room No. ;). at the Courthouse of Carlisle, Pennsylvania, at a. QC.' o'clock, ~,M.
Petitioner Is ORDERED and DIRECTED to serve a copy of this Order along with the Petition for
Conternpt and Sanctions originally filed,
By the Court, j. /
I
../
"
J,
.I
-'
;) .-
~ "
} ~
Il'
~
6- 11'
-
. ~.,
i\> "'"
.
(',".'~a '"
,""\, ..,....,-,.\,..', I
\~.,~.ft\\" '.-"\\l~.,..\\h
..:;:;-:, ....~.. "
).\~,: .', \ 'I:~i' L'O
.. \ 1.\ '.l '"
alJ \" ,,' ,\ :0
, \' ,\~\..:1
, ').
}\N ~l~1i!.o,a~ \\;\
c:\wrS 1\(:U~ll\I'I~~\I'I'n\.,I'
PATRICE RENAE PLANTE,
Plalntllf
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSVLVANIA
NO: 95-571 CIVIL TERM
v,
IN DIVORCE
JOSEPH THOMAS PLANTE,
Defendant
efr/r/ON FOJLCONrlNUANCE
AND NOW, cornes PATRICE RENAE HERB, by and through her counsel, Flower,
Morgenthal, Flower & Lindsay, and petitions This Honorable Court as follows:
1, On June 4, 1997, Petitioner filed a petition for Contempt and Sanctions seeking
paym'nl to ho< of $4,000 duo p,,,,,nl 10' m,ritaJ ".',m,nl ",",m,nl, ,,",on.b1' ,.om""
fees, the entry of a judgment, and an Order for the altachrnent of wages to ensure payment.
2. The Respondent, herein, Joseph Thornas Plante, had moved from his last known
address of 17 East Earl Street, Shippensburg, cumberland County, pennsylvania, but petitioner
had knowledge of the Respondent'S post office box In Harrisburg, and his employment. On June
5, 1997, p,tit10no< ,.,mptad 10 """ R"pond.nl with' oop, of "10 Go,.', O,d" " h" po"
office address. When, a week later, the return receipt had not been delivered, Petitioner contacted
Gerald R. Henneman, a private Investigator, to attempt service. Copies of the June 5, and June
111etlers are attached hereto as Exhibits "A" and "B" respectively.
c:\wp.II\C,,",I\I'hlg\I'lonIO, I'
3. Detective Hennernan has reported that he has been unable to make service, although
he believes that If certain additional time were available, he would be able to locate the Respondent
and serve him with a copy of the Court's Petition.
WHEREFORE, Petition prays This Honorable Court to continue the hearing set for June 16,
1997 at 3:00 p,m. to a time approxlrnately one rnonth from that date,
Respectfully submitted,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
Date: ~VJI!HJ
-OP---" /'
By:
Carol J. In ay, Esquire
ID No, 4 3
11 East High Street
Carlisle, PA 17013
(717) 243,5513
l
VERIFICATION
I, Carol J, Lindsay, Esquire, hereby verify that the staternents made In the foregoing
document are true and correct to the best of rny knowledge, Information and belief, I understand
that false statements herein are rnade subject to the penalties of 18 Pa,C.S. Section 4904, relating
to unsworn falsification to authorities,
-~~
C Lindsay, E ulre
Date:
A~ 16, Ifti7
U / ~
0 1.0 ~
~;:.: .....
" (- ;'J
-0;' ..... l~jF
("i', ;..:.:::
....-:..,
;.~ [ 01 :;j~
l,.'}. "l
;~r.' '1
.' , :r~ .'.-
~:~r. l-'h:.-
.- ".p
~-C, -- ;:jln
,...( : .. :;;!
-.
,,' ~
.. , (..J
-.
. . , I
.1!......~I.................'!.......................'.',.....................i>....,.._............ ._............ ........ ..........'..........--......... .......... ......... ......... ........l\.,..........................................,'.'....'!.{.........."..........'..........O,!I'I'J.I!JI
....... .,' ...... ........' - ........ .'9'.. .-r, ....... ....., ......... . ...... ..... .'P, .."" ....... .... ...., ...... ...., .... ..., .-', .................""... ................, ...., ......................'...'1
;'. -- "
~ ~
~ ~
'.' 6;1
r; :;
~ IN THE COURT OF COMMON PLEAS ~
~ OF CUMBERLAND COUNTY $
~ l
~ ~ ~
w ^
~ ~
,', STATE OF PENNA,
~
~
~.~
~
,':
~.~
,
~
~~
i:i
~
W
~.~
PATRICE RENlIE PIJ\Nl'E
....... .."."" ...."........, ,".. ../.""" ....'"
........."........... II
d
Ii
N (). ..........~.~*.",.." ..~m~... 1995
~
,',
~
Q
~.~
~
;::
Q
a
~;
t;
,~
~
8
l).
~
~
~
'.~
to.:
,',
~
n
8
"
~
','
..
~
i'~
~
~.~
,',
~
w
<~
,.;
~
~
~
w
~.'
,',
i'l
.',
t
~.~
;.;
~
~
~.~
~
....
;1;
,'.
~
~'.
~
,',
~
i
?
~
,;
,'.
~
~
.',
~
.',
~
~
~.~
.:.
~
~.~
~
~.;
~
~
~.~
..........'..".".......".... .'.... .."p'~aintifL.,
Vel':ill~
il
.I
'I
I,
,I
...~~~f.I.T!~~..l'~,
Defendant. .
DECREE IN
DIVORCE
u "". i? q /-
AND NOW, .. JV.~,.... .. .... .., ..... 19.-:,).., it is ordered and
decreed that .,... ,.,..... .~~~~ .~.~~..,...".... ,... plaintiff,
and. ", , " ., ." .,. . . . , .. . . q~~~~. 'AI~. ~~,. . . .... ,... , .. defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record In this action for which a final order has not yet
been entered;
None,
.... ........ ........ .........., ," .... .... .... ..... ..... .... ..,...... .....,
)
~
~"
~
~~
~
~
to,_
............ to ...... ................., ...................
,',
I ~
n Y T he;c '}\l r I: . ~
. .d'~" / LlA/.. . .... dd..'dd ~
Alle.l:.);'j,,'t.:..)e (" t~1, ..a~~""~..'7 J, :::
/' . ~,,z. fJ/5{ ~
15' ''J<fj:K':H J::',. .....9t0':p~6r.ot;.~y'" ~
1/ ,',
. ~
.....~,_,. ',...~ '._ .~...,~",." ., ,. ... '........,.. 'A.,~..~,_____~. M
)_~~~~*~~**~,*~~~~~.*~~._,w.
.::
~~
.51Y', 9.) tAl t'fo,r:-ct/.> /1/.(:4/ ~ ~ /r"'~/
,5'19,{Js 7ZYft/e /If.i..tJ.I ~ "'4/
,.
"
\;
"
I
a:\planlc.aJl m., oIJ96-9S-OI
PlaIntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO, 95- 571 CIVIL TERM
I
i
l
I'
,
PATRICE RENAE PLANTE,
v.
JOSEPH THOMAS PLANTE,
Defendant
IN DIVORCE
,-
~'..
L.::l
THIS Agreement made this
qll
day of
c.
u~
WI tl.f7.d" -"
, 1995,
I..U
<J'1
by and between PATRICE RENAE PLANTE, of 4341 Carlisle Pike, Apt. B-6, Camp Hili,
Cumberland County, Pennsylvania, hereinafter referred to as WIFE, and JOSEPH THOMAS
PLANTE, of 17 Earl Street, Shlppensburg, Cumberland County, Pennsylvania, hereinafter referred
to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined In marriage on
February 23, 1989, in Vista, California; and
WHEREAS, a Complaint for Divorce has been filed In the Court of Common Pleas of
Cumberland County, Pennsylvania, to No. 95-571 Civli Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
..(jJ}En
, /
~-, IllllllI
, "
i
.:\pl.nl."&l 01.' 4S96-9S.o1
and In general, the settling of any and all claims and possible claims against the other or against
their respective estates,
NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
both Intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Counsel: The parties hereto acknowledge that each has been notified
of his or her right to consult with counsel of his or her choice, and have been provided a copy of
this agreernent with which to consult with counsel. WIFE Is represented by Roger M. Morgenthal,
Esquire; and HUSBAND has been advised that he may be represented by counsel of his choice,
Each party acknowledges and accepts that this agreement Is, In the circumstances, fair and
equitable, and that It Is being entered Into freely and voluntarily, after having received such advice
and with such knowledge as each has sought from counsel, and that execution of this agreement
Is not the result of any duress or undue Innuence, and that It Is not the result of any Improper or
Illegal agreement or agreements,
2, Divorce: The parties agree to the entry of a Decree In Divorce, The parties will
execute, on the date of this agreement, Affidavits of Consent under Section 3301 (c) of the Divorce
Code, consenting to the entry of a Decree In Divorce.
~''',....
2
1111\1.1.
1:1,p1.".I...&t m. # 4596-95~1
I
~
~
I'
i
,
;,
3, Personal Property: The parties aCknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and Individual property of the party In whose possession It is as of the date of this agreement.
HUSBAND agrees that WIFE shall be entitled to the Federal Income Tax Refund for
the tax year 1994, and he shall sign the check when received so that WIFE may negotiate the said
check,
WIFE shall transfer to HUSBAND the Pontiac LeMans automobile, and WIFE will pay
the remaining balance of approximately $1,400,00 owed on said vehicle, HUSBAND, in turn,
agrees to pay the sum of $6,000.00 to WIFE, representing payments for his share of outstanding
obligations owed by the parties, including the loan on the said LeMans vehicle., Said $6,000.00
shall be payable In three Installments of $2,000,00 each, with the first installment being due on or
before the first day of May, 1995; the second Installment due on or before the first day of May,
1996; and the third installment due on or before the first day of May, 1997. Provided that
HUSBAND faithfully pays the $6,000.00 to WIFE as stated, WIFE shall Indemnify and hold
harmless HUSBAND against any additional costs or expenses regarding the said Joint obligations,
4, Real Property: The parties did not own any real estate,
5, Alimony: The parties waive any claim that they may have one against the other for
alimony or spousal support, The parties acknowledge that each has sufficient assets with which
to maintain themselves after divorce.
,grtP ,..,,,,,
IZ"
3
a:\pl.nle.aat m., 4596-95.01
6, Marital Debt: The parties have agreed, In Paragraph 3 above, upon arrangements
for the payment of outstanding marital debt. Henceforth, each party will Incur no debt for which
the other may be liable, and will Indemnify and hold the other harmless for any debt so Incurred,
7. Modification: No modification, rescission, or amendment of this agreement shall
be effective unless In writing signed by each of the parties hereto,
8, Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania,
9, Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any Interest of the parties,
10. Agreement Not to be Merged: This agreement shall be Incorporated Into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not
be merged Into said decree, The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and In addition, shall retain any remedies In law or In equity
under this agreement as an Independent contract. Such remedies In law or equity are specifically
not waived or released,
11, Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
12. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, qultclalrn and forever discharge the other and the estate of such other, for all time to
.nWO
\~I.l'I'll
4
-f'.
a,\plant,"&l m. /I 4S96-9S~1
come, and for all purposes whatsoever, of and from any and all rights, titles, Interests or claims
In or against the property Oncludlng Income and gain from property hereafter accruing, of the
other} or against the estate of such other, of whatever nature and wheresoever situate, which she
or he now has or at any time hereafter may have against such other, the estate of such other or
any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of
such other, or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows'
or widowers' rights, family exemption or similar allowance, or under the Intestate laws, or the right
to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate In a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any other State, or any other Country, or any
rights which either spouse may have, or at any time hereafter have, for past, present or future
support or maintenance, alimony, allrnony pendente lite, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or before the breach of any thereof, It Is the Intention of HUSBAND and WIFE to give to each
other by the execution of this Agreernent a full, complete and general release with respect to any
and all property of any kind or nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement, or for the breach of any
.f:Ef..."....
;//'
I~".."
.I
i
5
,
\
1:\pllnl."&I 01.' 4S96-95-ll1
.
thereof, subject, however, to the Implementation and satisfaction of the condition precedent as
set forth herein above,
13, BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs Incurred to enforce the Agreement, Including,
but not limited to, court costs and counsel fees of the other part. In the event of breach, the other
party shall have the right, at his or her election, to sue for damages for such breach or to seek
such other and additional remedies as may be available to him or her.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written,
Witness:
~/} /1ft n~A--
/,fmrri,:lflIs/
~....,...
(Seal)
(Seal)
-----
6
1:\pllnlc,lat m. I.oI5'J6.9S.o1
COMMONWEALTH OF PENNSYLVANIA
88,
COUNTY OF CUMBERLAND
ON this, the L)'jI-. day of '/7'7,1..'/ !c.. , 199.:i:. before
rne, the undersigned officer, personally 8ppe8red PATRICE RENAE PLANTE whose name Is
subscribed to the within Instrument, and acknowledged that she executed the same for the
purposes therein contained,
IN witness whereof, I hereunto set my hand and official seal,
C:C' ,i,i7. j If" I Ii ,,4Ieu
Nota eutSlic
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
TERESA J, BURKHOLDER, Nolal}' Public
Carlisle, Cumberland County, Pa.
My Commission Expires Feb. 12, 1996
88.
COUNTY OF CUMBERLAND
ON this, the ~ 0 1<... day of )11111,,( ;I , 1995 -: before
me, the undersigned officer, personally appeared JOSEPH THOMAS PLANTE whose name Is
subscribed to the within Instrument, and acknowledged that he executed the same for the
purposes therein contained,
IN wltne8s whereof, I hereunto set my hand and official seal,
7
NOT,\RIAL SEA~
K!;NNETH L. 5CNUiGEL. NOTARV puouc
HAAlPDijN lWP.. CUMBERLAND CO" P,\
MV COMMISSlON EXPIRES ....R, 15. 1000T
lIE"'B1R, PA~tA'i<W nF NOTARIES
PI...mlplu.....rltDlr '
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION. DIVORCE
NO, 9S. 571 CML TERM
PATRICE RENAE PLANTE,
PlalnUIT
JOSEPH THOMAS PLANTE,
DeFendant
IN DIVORCE
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code,
2, Date and manner of service of the complaint: Acceptance of Service silmed by Defendant
on FebruaIY 6, 1995,
3, Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by the Plaintiff May 9, 1995 : by the Defendant: May 9, 1995
4. Related claims pending: None.
5, Indicate date and manner of service of the notice of intention to file praecipe to transmit
.
record, and attach a copy of said notice under section 3301 (d)(I)(i) of the Divorce Code, _N/A
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
Ro er M, Morge thaI. Esquire
ID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
,-
-
<.D
-':"-
r::J
,l.:".
"
,.
tc..O
.V;!
(1 if
tI_
Ll"> @
en ~:,... 0
0
- In ()
trj llj D
~ ,... (YJ If)
,-I r-
- -
,") - 00>
\()
~ ... 0- rd
<-...t
,. ,
;0 'D :l!
u.J ,j
'-- <(.
.,)
OH
~~ I'l ...
""
- , .... ...
~ ~ . 0 t- N
~ ,.J Z t- ... t!:
p<en H ~~~ l;j~
z~ ~ Q N,.Jt-r<>
Z t-<N'"
I-'tIl~~~Z N~ ~
OM -H - ~1 ~ . ..
~p, M~ ~~ ZCl12j....~ o .,.;""
~Hl ~
o - ~P< ~ t5Z"'...tIl,.J UJ .>-
~l ~ ~:i8~:I:>- flll'. ffi <
~ o~:;! l:;~i~ ~"';~Ul
P< P< 0000
0 ~ , ~ ~ :::E~z12:I:z ,.J~,.J~
tlU en .W90....Ul .... '....,.J
~~~l=tIl~ ,~ . ,
:> 0 0.,.;0:1
8~ ~ u ~oo<~~
:Il lfiUJlflo
E-i ~ I o,.Jg; "'Ul ~l'~r>:
~ III lJ.< ...- <0 l5
gj~ U :Il '" ,.J < ,.J ......,.;~
:;! II< g lJ.< .,.;
~~ ~ , l5 -X"--
~ en H 0 ----
0 Q Z
HU II< I"J
;,
.
.,
.
.
\
c:\wpllll\1l,rlp"",.,dlv...,
.
1
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
PATRICE RENAE PLANTE,
Plaintiff
JOSEPH THOMAS PLANTE,
Derendant :
NO, 9S. 57/
IN DIVORCE
CIVIL TERM
rIDlEE
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 you 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 judgment may also be entered against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights Important to you, including custody
or visitation of your children,
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling, A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS
FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE
. A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
c:\....llu...rlpbol<,dl.""'.
PATRICE RENAE PLANTE,
PlalnlllT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
VB.
JOSEPH THOMAS PLANTE,
Defendant
NO. 9S. 5'7/
IN DIVORCE
CIVIL TERM
PATRICE RENAE PLANTE, Plaintiff, by her attorneys, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, respectfully represents:
1. The Plaintiff is PATRICE RENAE PLANTE, who currently resides at 4341 Carlisle Pike, Apt,
B6, Camp Hill, Pennsylvania since October, 1994.
2, The Defendant is JOSEPH THOMAS PLANTE, who currently resides at 17 Earl Street.
Shippensburg, Pennsylvania, since November 1994,
3, The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months Immediately prior to the filing of this Complaint,
4, The Plaintiff and Defendant were married on February 23, 1989, at Vista, California,
5, That there have been no prior actions of divorce or for annulment between the parties In
this or In any other jurisdiction,
6. The Plaintiff avers that shc is entitled to a divorce on the ground that the marriage Is
irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code,
7. Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not request
c:\wplllroa,rlpltnlo,di,,,",
counseling,
8, Plaintiff requests the Court to enter a decree of divorce,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
By: . /.~ / ( t ~ '/1 1/l/7
Roger M, Morgentha , Esquire
ID # 17143 .
11 East High Street
Carlisle, PA 17013
(717) 243-5513
2
c:\wp.ll \"",rlpllalt ,dlv,,",
~
I, the undersigned, hereby verify that the statements made herein are true and correct, I
understand that false statements herein are made subjcct to the penalties of 18 Pa, C,S, ~ 4904, relating
to unsworn falsification to authorities,
(1') ~_.A;) (9) 0
. , (~ .' ti-LJ (/J7,({.~L \ !td'G"t-
Pa'trlce Renae Plante
A I} /) ClC-
Date: ...d'Lr..'1"<.{,,, , (X , / ( I j
() I
?
"
3
PATRICE RENAE pLANTE.
PlalntltT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACfION . DIVORCE
V5.
CIVIL TERM
NO. 9S. 5' 7 I
JOSEPH THOMAS pLANTE.
Defendant
IN DIVORCE
I accept service of the Complaint in Divorce In the above captioned matter,
/
)..'-j- U Cl V'I
Date
(!~~=z.;:
(.., 17 EarlStreet '
. . Shippensburg, P A 17257
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss,
ON this the &-'" day of (..,/"'"1111'.\ ,1995, before
me, the undersigned officer, personallY appeared JOSEPH THOMAS PLANTE, known to me (or
satisfactorily proven) to be the person whose name Is subscribed to the within Instrument, and
acknowledged that she executed the sarne for the purposes thereIn contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
I. ~..(~rtY iJJ,;
Notary Public
NOT~R~5E/ol
KEHHETlIl, 5ClUDEl. NOTAAY PUDLIC
HAAlPDfiH lWI'" CUI.IllERLAND co" P~
MY COMM1S5lOH EXPIRES MAA, IS. ,\Xl'
MEMDfO. P~ ~s.o;m',ATI~I' (Yll<OTAOIES
"
....,
n,
ee
.:;
-.'
N
" ~
-
--
-
.. - ~
.,
PATRICE RENAE PLANTE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO, 95- 571 CIVIL TERM
Plaintiff
v,
JOSEPH THOMAS PLANTE,
.
.
Defendant
IN DIVORCE
JOSEPH THOMAS PLANTE, Defendant, being duly sworn according to law, deposes and
says:
1, That a Complaint In Divorce under Section 3301 (e) of the Divorce Code was filed on
February 2, 1995,
2, That my marriage with PATRICE RENAE PLANTE, Plaintiff, Is Irretrievably broken,
3, That I consent to the entry of a Decree In DIvorce on the grounds that the marriage Is
irretrievably broken,
4. That I understand that I may lose rights concerning alimony, dIvision of property,
counseling fees or expenses If I do not claim them before a divorce Is granted,
I verify that the statements made In this Affidavit are true and correct to the best of my
knowledge, Information and belief, I understand that false statements herein are made subject to
the penalties of 18 Pa.C,S, 4904 relating to unsworn falsification to authorities,
hi'''
, '
,,,,..; - "--,,-
r-~~~~~ Pla~t;'-Defendant
{/"" Date: Nay 9, 1995
--
-~
~
....
t.o
.c.
','
..- c..
:;1'
c,
w
"
:;~
.r
c..O
<.n
PATRICE RENAE PLANTE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 95- 571 CIVIL TERM
IN DIVORCE
Plaintiff
v.
JOSEPH THOMAS PLANTE,
Defendant
PATRICE RENAE PLANTE, Plaintiff, being duly sworn according to law, deposes and says:
1, That a Complaint In Divorce under Section 3301(c) of the Divorce Code was fiied on
Februsry 2, 1995,
2, That my rnarrlage with JOSEPH THOMAS PLANTE, Defendant, Is Irretrievably broken,
3, That I consent to the entry of a Decree In Divorce on the grounds that the marriage Is
Irretrievably broken,
4, That I understand that I may lose rights concerning alimony, division of property,
counseling fees or expenses If I do not claim them before a divorce Is granted,
I verify that the statements made In this Affidavit are true and correct to the best of my
knowledge, Information and belief, I understand that false statements herein are made subject to
the penalties of 18 Pa,C,S. 4904 relating to unsworn falsification to authorities,
~L\~L( 8'llA~ ~~~e
Patrice Renae Plante, Plaintiff
Date: Mqy 9. 1995
"
:;l::
,.
-"
,",
c.D
0-'
--
C'.
co
I~'
.. ~.
-.,'
'~. ,~:~
-' ~..,
-
~
I
I
!
[
I
I
i
I
b
f
i
I
..
, ---
I "",..w,l....,...
" , .. ,~ . .: ~ " ..,,,-- -- ......-.
F
"
,
PATRICE RENAE PLANTE,
PlalntllT
: IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. DIVORCE
v.
.
"
NO: 95.571 CIVIL TERM
JOSEPH THOMAS PLANTE,
Defendant
NOTICE OF INTENTION
NOTICE IS HEREBY GIVEN that PATRICE RENAE PLANTE, the plaintiff In the above
matter, having been granted a Final Decree In Divorce on May 18, 1995, hereby Intends to resume and
hereafter use the previous name of PATRICE RENAE HERB, and gives this written notice avowing
her intention In accordance with the provisions of the Act of April 2, 1980, P.L., 23 P,S, 702, effective
July 1, 1980,
0/;-) , " It) 1'1/)1 d'
'. " ./ I
,- - .., / /" .-'
, (xJrz.it I c."-t<,.C \ ,~,(,.I c..
PATRICE RENAE PLANTE, Petitioner
TO BE KNOWN AS:
,-\ /' ,
[ I 'e a'
/' /. 1. _ J '." -
\ I'fl Xlt.t.(, \ ~'-<Ll" t<../r
PATRICE RENAE HERB
COMMONWEALTH OF PENNSYLVANIA
ss,
COUNTY OF CUMBERLAND
ON this, the "J~ day of ~(Ul/T , 1995, before me, a Notary Public,
personally appell1'ed PATRICE RENAE P , known to me or satisfactory proven to be the
person whose name is subscribed to the within Instrument IlIId acknowledged that she executed the
same for the purposes therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal,
{;~(J({41 '11/ ~>/I!~I
Not > Publie
NotarioISlIli
SllSo1fl M, F\1I11My, ~ Plil*l
til1l1l?b i'll. D.'l.\lIir1 Comly
MyColNniS:J1onl'1pt.,Aug,2Il.1095
"""'~IUllllAo1I'"
",
,
'.
,
i
I
I.
I
,
i
!
PATRICE RENAE PLANTE (HERB),
PLAINTIFF/PETITIONER
V,
JOSEPH THOMAS PLANTE,
DEFENDANVRESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95,0571 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of July, 1997, following a hearing on the merits, the
Rule Issued against defendant to show cause why he should not be held In contempt
for failure to pay petitioner $4,000 as required by the parties' marital settlement
agreement, IS MADE ABSOLUTE, Defendant Is adjudicated In contempt. Pursuant
to 23 Pa.C.S, Section 3502(e), IT IS ORDERED:
(1) Interest Is awarded to plaintiff In the amount of $458,
(2) Attomey's fees, court costs, and Investigation costs are awarded to plaintiff
In the amount of $872.
(3) Judgment Is entered In favor of plaintiff and against defendant In the
amount of $5,330.
(4) Defendant shall purge himself of contempt by making a minimum $250 per
month payment on account of the jUdgment on the 15th of each month until the
judgment Is paid In full, with the first payment commencing on August 15, 1997,
(5) Upon any failure of defendant to rneet the conditions of purge, plaintiff may
seek an order directing defendant to appear for disposition
1
Edgar B. Bayley, J, I
i'
"
"
,
Ii
,
"
i
ii
,
'I
f,'
I!
Ii
I;
!
Ii
I,
I
I
!
,
i
,
i
i
I
I
. i
I
I
I
I
f-
\'\i 1"/I":li.C,~:'I~d
II"" 'Y' ,.,' f"'- .n"'"
/,,..l..l'\... .:. r:,::,',IIJ
\ '1 :t, H\~ \: Z -'Il\' LlJ
Ilhll,(",'': ";" . )' ;""1.'0
r.tJ.., '.J1...,,1.j- ...,1 ;J
:l~M~Q-{Eil\:l
-\... ....,.
Carol J, Lindsay, Es ulre
For Plafntlff/Petltlonei
Joseph Th
203 W omas Plante, Pro se
eather Squadron
Fort Indlantown Ga
Annvllle, PA 1700l
:saa
_ c~.....~tl. 1#3./'1'1.
"A.f?
"
-2-
~,. ......
~
--t'l
I
, ~
't9
.
:\t.tL ~
u ul fi
I <<>
.t v,
G- o 'T-
6' P
0
i-,.,
~,
Q,;;.
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(.tust be typewritten and subnitted in dllpliC'...te)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argurent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire captioo ITlISt be stated in full)
Aaron Enterprises, !ne"
!)1A!~
(Plaintiff)
vs.
Ilay J. Dadigan and Andrea L.
DadigBn
(Defendant)
No. 571 ~1.T..D. civil
19 ')4
1. state matter to be argued (i.e., plaintiff's IlI)tion for new trial, defendant's
daTmrer to CCJltllaint, etc.):
DefendBnts' Preliminary Objections to Plaintiff's
lIechanie I s Lien Claim
2. Identify counsel who will argue case:
(a) for plaintiff: Hichael W, Flannelly, Esquire
J\ddress: Countess, Gilbert {. Andrews
29 North Duke Street
York, PA 1740l-l282
(b) for defendant: Jennifer N. McHugh, Esquire
J\ddress: Rhoads & Sinon
One South lfarket Square
Harrisburg, PA 17108-1146
3. I will notify all parties in wri.ting within bolo days that this case has
been listed for argunent.
4. Arg\.ment Court Date:
July 5, 1995
Dated: 4/21/95
.~
"
==-
..,
,u
r-~
l.:. I
"9)
N
.r:
w
~
:::c
... ,.-
'.t'
-f....
~
,
, -'
r-
.
;"""1