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Home My WebLink About95-00819 ., ; >-- . 70 . ~d d: .,~ ~ J , . () G '{ , rrr: :) I: 1(1(1' ..L ,'.,u '^'u [)I BRIAN L. FRADY, Plaintiff IN THE COURT OF COMMON PLEAS 01;' : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-819 CIVIL TERM NANETTE S. FRADY, Defendant IN CUSTODY ORDER OF COURT AND tD'l, this 22nd day of February, 1996, the parties having taken no action to reschedule the second Custody conciliation Conference continued from November 28, 1995, the Conciliator hereby relinquishes jurisdiction in this case. ~~ Dawn S. Sunday, Esqulre Custody Conciliator . .- N .... i:~~ ("~) , LU~-') C': C:..-__." : n:! , " , li~r: L_ ," ~I:. (,. <- {"'-l ~I. C'"..,: : " . u:L' C;" .t;1 I,. ,-. L_ 'U.. (I.. v.. ;-.., c u . U -'t,,..". .~..~' .~..... ,.~.......~....-4..' .. " _..r" ._';. ~.:-" ~.:' . ~." ..... ' .~.... . ....v .~..... ..~..'. .~..." ~.>' ........ ........:<..~.:-....~+: ...:.>......~:;.:..J ..~........~Co' '<"C<4C<~ ,"" .......... "'.. .........,.' .'.~'.,'....' '. ....... .....00:... '.... .. .'_. .... ........ .... '.. - .... .... ...... ...... ..:- .:1..,...... of.." '" . " f - .""-:- " . ~ ' ~ :; .] ~ IN THE COURT OF COMMON PLEAS ~ ~ M . ^ ~ OF CUMBERLAND COUNTY ~ ~ ~ ~ ~ STATE OF .~ PENNA. ~ ~ ~ ~ ',~,", ~.~ ~., S "",'31,m\N."~.,,,,~flJ\PX I", ,,,,,,,,.,,,,.,,,,,,,,,,,,,,:..,,,. I N , ()..",,?,~,:~,lL ,,~J;.Y.Ik 19 ~ """....."...,,,.,,,,,,,,,' ;~I.:\;s~tflj:H,L"".."",,"... I1I1 ;': , : ::::.,N~N~~r.~":So:"..VR.A>P~~~~~~'~~'~""""::::'.':".: II i;i ',' Ii ,', , .', ~ ~ ~': w ~': ~ .0, ~ ~', ~ .', ~ $ ~ ~'. ~ DECREE IN DIVORCE AND NOW, . .<;;~, . 2h , , , ., 19.95.." it is ordered and decreed that .. ..~fl.I.1\t:l, ~....I?~N~X ...... .. .... .... ,,, ..' .. .. .., plaintiff, and. , .., .. . ..t:lJ:\!'l.E;~~I):, '~'" f~!\I1L .. ,..' .. .. , , .., , .... , ..' , '. defendant, are divorced from the bonds of matrimony. ,;; ~ .'. ~ ~ ~ ,', ~ " ~ r ~ ~ >: ~ ~ ~ ,:, " h ~ ~ ~ ~ " M :~ ~ .', ~ ~ ~.~ 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; ~ ~ r-: ,', , None ret ....................................................-.:......-:....-;..9...............1 ~.~ -' ;;:/ .., . .. .............. ..... ...... .........,..0'. ................... ~ / / r / . . // ~ / >" /1 ~ ! ^"""J<i;,hti:r~< ~_;.r;~,.?j: ! ~ . ~';/J1,ld ,r~/l7.. D.-Z ..d.. .. ~,': x / 'r7 Prothonotnry ~ ~ ~ ~ .~-:-;.i~~ .>>:~.;II *' .:.:. -:.:. .:;::--:;:. -:-~.~:;::-::.~-::;; -.:.:.-.:.::' '.:.:.' ~:.:. -'.i:: -"'-i:.--::.:;'"::.::-~6::" ::+::-::+::. ::,-::~::.:7-.:+:. . '.:+:' ,', ~ *- '.~ ,'. ~ .' ~ fJ;. ~~ ad. "?7 ;,,,"tU ;I" <!4 />frt'"J]1. II 'd 1''iS '71tFt;.1.. 1f1t-Jd";' ,;at 0 (O'1l4WI , "'J ~ ~ ...\ IN tilE COURT OP COM!;''oN p{.EAS OF CmlBERLAND COUNTY, PENNSYLVANIA ORlAN L. l'IlADY, NO, 95-819 CIVIL 19 Plaintiff IN DIVORCE vs. NANETTE S. FIlADY, Defendant PRAECIPE TO TRANS}I!T RECORD 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 ~~fctt 3301(c) (2~~fdt-ti7) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: February 21, 1995 by certified mail (see Affidavit of Service filed herein) 3. (Complete either paragraph (a) or (b) .) (a) Wl~lf<d cJf the Date of execution of the affidavit of consent required by Section Divorce Code: by the plaintiff September 14, 1995 by defendant September 18, 1995 (b) (l) Date of execution of the plaintiff's affidavit required by Section 201(d) of the Divorce Code: N/A (2) date of service of the plaintiff's affidavit upon the defendant: N/A 4. Related claims pending: None j)ole-: SQ.--k~,b.,.' 19, Iya- Ilwti~? It ~~~t Attorney for (Plaintiff) (Ilefendtlnt) Marlin Il. McCaleb " .; ... ~ , vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.qS-&I~ CIVIL TERM BRIAN L. FRADY, plaintiff NANE'rTE S. FRADY, Defendant CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND ~ND CL~IM 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 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 c~urt. 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. If the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland country Court House, carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ~LIMONY, DIVISION OF PROPERTY, LAWYER'S FEER OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CL~IM ANY OF THEM. YOU SHOULD T~KE THIS P~PER 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 WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland country Court One Court House square Carlisle, Pennsylvania (717) 240-6200 House 17013-3387 ;(Wd~ ~a&t- , ",~\,. III I I' , '. M^IHIN Ii ""11,\1111 Marlin R. McCaleb Attorney for plaintiff " BRIAN L. FRADY, Plaintiff IN 'rilE COUR'f OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. CIVIL TERM NANETTE s. FRADY, Defendant CIVIL ACTION - IN DIVORCE COMPL~INT UNDER SECTION 3301101 OR 33011dl OF THE DIVORCE CODE 1. Plaintiff is BRIAN L. FRADY, who currently resides at 2302 Buckingham Avenue, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania 17055, since January 10, 1990. 2. Defendant is NANETTE S. FRADY, who currently resides at 1101 Lindham Court, Apartment No. 412, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania 17055, since February 5, 1995. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 30, 1988, in Lower Allen Township, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court I ^'.... 111111 I', require the parties to participate in counseling. MAtU.IN It p.tl C^l.Il' -2- . , 8. Plaintiff requests your Honorable Court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s., Section 4904, relating to unsworn falsification to authorities. , I i . I I I ! i .1 ;}jtU"" Brian ~~~ ./ "'~ L. Frady, Plaintiff Date: f2!J .? !.) , 1995 i I i 1 i I du/~ i4~~ Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Plaintiff I ^"'" IJlIt' I', MI\IU IN If t..h t. ."!.II -3- vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRIAN L. FRADY, Plaintiff NO. CIVIL 'l'ERM NANETTE S. FRADY, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Brian L. Frady, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s., section 4904, relating to unsworn falsification to authorities. Date: k/J /5 , 1995 I h'J. Hill( f', ~,^I4IIH II t.h I .\11 It ORIAN L. FRADY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 95 - 819 CIVIL TERM NANETTE S. FRADY, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE MARLIN R. McCALEB, Esquire, certifies and says: that he is the attorney for Brian L. Frady, the Plaintiff in the above-captioned action; that on behalf of said Plaintiff, he did file Plaintiff's Complaint in Divorce in the Office of the Prothonotary of Cumberland County, Pennsylvania, on February 14, 1995; that pursuant to Rule No. 412 of the Pennsylvania Rules of Civil procedure, he did serve said Complaint upon Nanette S. Frady, the Defendant herein, by depositing a true and attested copy of said complaint, properly endorsed with Notice to Defend and claim Rights, in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on February 14, 1995, properly addressed to the said Defendant at her place of residence at 1101 Lindham court, Apartment No. 412, Mechanicsburg, Pennsylvania, 17055, with proper postage attached, certified United States mail (receipt no. Z 115 691 1,.,\\"111101', 311, return receipt requested, restricted delivery); that thereafter he did receive said return receipt card bearing the signature of Nanette S. Frady, the Defendant herein, and indicating receipt of said copy of the Complaint on February 21, 1995; that the said certified mail receipt and return MMH Hill '.111.\1111 receipt card are attached hereto and made a part hereof, marked Exhibit "A". I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.S., section 4904, relating to unsworn falsification. Date: February 22, 1995 .' :) '1 l4..uu'....;{ ~6~/d Marlin R. McCaleb I A.\ ,111111 M^'Hlrl" f.'l' .\1111 -2- Z 11S 691 311 ~ Receipt for Certified Mail No Insurance COVCIPUO P,uvltJlJd '''''1:''''''\ 00 flol UIO 10f Inlml1lluonol Moil ..,l! Ill.... ISut! Rovorlel ~1'''11n Nanette S. Frad ""MH:IH Lindham Court n"-"" 41- I' o....l~~.u~.,-r:,~ Mechanicsbur (Ill.,l...,l f", 5! "U11ol'll" 5('Midi u.,;,~.." ht' I\Il\UW.'''ll 0,-1"..,. h,.. f') 116lh,ro ,I"t""il !,hu""""lJ m lUWtlomr.n.l6l0"hVl'tl'd ~ 11 ~ o C <0 M ~ If en n. $~7.. .......---" _.,----~--- ._- ..._,.---....-..,.--z--- ~ D: 6, II ,0_ : ; PS Form NANETTE S. FRADY llOl LINDHAM CT. Apt. No. 412 Mechanicsburg, PA .,",:_" .. . ,:-'ii' I' ello wllh 10' 'receive Ihe ':,: , ::~,~:,wln9 lervlcelllor enexuel :', D Addreloe~'. Adclrel~ ~ I: J: 5: c!' I Ill, f 15; .. ' 1: e'l Addre.. lOnly II requelled J ' )0 peldl ' : "tl ' )> , D Inlured Deoo ,0 D Relurn R.celpt 10, ,.,.w_____'_' ,.. ~ E DER: ," , II '_' compl.t.lt.m, 1 ,ndlot 2 fa' IddItIonIl..tvlc... " i . Compl.t,lt.m, 3, .nd 4. . b;' .~ -, ~ - , ._ Print yOut n.mI ,nd .ddt... on the flv.r" oliN. lorm 10 th.t w. Cln "tUff! thl. clfd to you., ." '.-' '. ' . !,. AU.ch thl,lonn to thlIrontof tht m.llpl.c., Of on 1M blck It .p.ct do.. not plrmlt. - -, ." .. ,. ! '., Wrlto "Rotum R.colp, Roq..oIod" on \hi moUoIoce below tho "",c:Io numbo, 2, !:kRellrlclecl o.,liv,erv . The R,tum R,cllpt wD1 .how to whom the .rtlcle w.. dlllvered ,nd the d.ll - .. Ii doll..rod, ' , Con.ult oltm.ll.r lor Ie., " 3. Artlcl. Addr....d to: 4., Article Number . r " ' ~ 13, D: , C ~ Z . o.c.mb.r 1991 '^V; ,1I I j. I M^IUlft II 1.1,1 ".1111 EKhibi t "1\1' o ~~ Po<rJl ~~ iPo< ~ O. 3: E-< ~~ ~~ o I ~ I E-<E!3u ~u o I Ha\ 8 tjC~ I'll I [;:J ~~ ;~ 5~ '. ~ >- - ...r. ...... :s:: Ill.:: :_-:0 :! a... c.>:z.r':'z en ~oU.c. .... '.....%0>- o..-:.c-.I . ~:'...c"" L..")-;.~ ...1'" ..j I.. p.:.r ..' ,10.101': C'"l") ...' U lUuJ <"J ... jl;;:r.C- ., ~ ~4~ \i.l \i.l '.-i -IJ I:l '.-i III r-l Po< -IJ ~ 'tl I:l Qj \i.l Qj ~ . ~ ~ ~ Cl rJl r.. o E-< ~ ~ H r.. ~ ~ ~ ~~u~1 ~ ~ hp ~~ l5ias~ ~ ~~~g i z~a;:> ~ ~ ~ N Z ~ ~ ~ . ~ . III > . rJl rzl ~ ~ . ~ ~ ~ c:Q ~ ~ BRIAN L. FRADY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : CIVIL ACTION - LAW NO. 95 - 819 CIVIL TERM NANETTE S. FRADY, Defendant CIVIL ACTION - IN DIVORCE AFPIDAVIT OP CONSENT 1. A complaint in Divorce under section 3301(C) of the Divorce Code was filed on February 14, 1995, and was served on me by certified mail on February 21, 1995. 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 if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 6. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa. c.s., section 4904, relating to unsworn falsification to authorities. Date: 9/ /~ , . , 1995 -2- '1'7 en ,- .. - '!:r.;: ::r.: , -, -.c iii.' " - .... '. ..., " . , cn "- ',' '" V1 4, JIll vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRIAN L. FRADY, Plaintiff NO. 95 - 819 CIVIL TERM NANETTE S. FRADY, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on February 14, 1995. 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 if a claim for alimony, alimony _pendente lite. marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: September l4 . 1995 j). . jJ c:7 '.;2Au,,- 7- , v1- Brian L. Frady, P aintiff I .,~... III I II , " M^llI.lN II "'''l.\111l Ln en ~ .-<< ..... ~~ ~': ,.. -, ~I .....l., O-:.r..', l~ ~,: ... . -.,\ 0"> ". I~~: , . I . ~ j .....: w ... .... V1 BRIAN L. FRADY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. . CIVIL ACTION - LAW . . . . NO. 95 - 819 CIVIL TERM . NANETTE S. FRADY, . . Defendant CIVIL ACTION IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: I hereby withdraw with prejudice the following claims previously filed by me in the above-captioned action: 1. Counterclaim (Counts I through V, inclusive) that was filed on or about June 16, 1995; 2. Petition to Vacate property Settlement Agreement filed on or about June 26, 1995; 3. Petition for Alimony Pendente Lite (and interim counsel fees, etc.) filed on or about June 26, 1995; and I direct that they be ended with prejudice. Date: S;p'l/etd.t,r /Y , 1995 discontinued and , ~;I G. Patrick 0 Connor, Esquire Attorney for Defendant nRIAN L. FRADY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plainti ff vs. CIVIL ACTION - LAW NANETTE S. FRADY, Defendant NO. 95-8l9 CIVIL TERM CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND 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 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 relief requested in thp.se papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may reguest marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Court House, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your Spouse. ., IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 One Court House Square Carlisle, PA l70l3-3387 (717) 240-6200 COUNT I Request for a fault divorce under sections 3301(a}(2) and 3301(a}(6) of the Divorce Code l. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 2. Plaintiff has committed adultery. 3. Plaintiff has offered such indignities to Defendant (who is the innocent and injured spouse) as to render Defen- dant's condition intolerable and life burdensome. 4. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Sections 330l(a}(2) and 330l(a}(6} of the Divorce Code. COUNT II Request for equitable distribution of marital property under Section 3502(a) of the Divorce Code l. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 2. Defendant avers that she is entitled to an equitable distribution of the marital property and the Court is herby requested to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors, including marital misconduct. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order disposing of the property rights and interests of the parties. COUNT III Request for custody under Sections 3104(a)(2) and 3323(b) of the Divorce Code l. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 2. The parties are the parents of the following uneman- cipated children: daughter HEATHER SUZANNE FRADX (born August 5, 1989) and son KYLE JUSTIN FRADY (born September 7, 1992). 3. During the past five years, until the date of separation, the children have resided at 2302 Buckingham Avenue, Mechanicsburg, Cumberland County, pennsylvania, with both parties until separation of the parties on or about February 3, 1995, and with the Plaintiff since the date of separation 4. There are no other proceedings pending involving custody of the children in this or any other state. 5. Defendant has not participated in any other litigation concerning the choldren in any other state. 6. Defendant knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 7. The best interests of the children will be served if custody of them is provided to the Defendant. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3l04(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming custody of the children in Defendant. COUNT IV Request for spousal support and/or alimony pendente lite and alimony under Sections 3701(a) and 3702 of the Divorce Code l. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 2. Defendant is unable to sustain herself during the course of litigation. 3. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself on her current income. 4. Defendant requests the Court to enter an award of spousal support and/or alimony in her favor pursuant to Sections 370l(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony in her favor pursuant to sections 370l(a) and 3702 of the Divorce Code. COUNT V Request for counsel fees, costs and expenses under Sections 3104(a)(l), 3323(b) and 3702 of the Divorce Code l. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 2. Defendant has employed G. Patrick O'Connor, Esquire, to represent her in this matrimonial cause. 3. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 4. Plaintiff is employed and has the ample ability to Defendant's counsel fees, costs and expenses. 5. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3l04(a)(1), 3323(b) and 3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs, and expenses. Respectfully submitted, ~ Patrick O'Connor, Esquire ~upreme Court I.D. 64720 Attorney for Defendant 3l0S Old Gettysburg Road Camp Hill, PA l70ll Phone: 7l7-737-7760 VERIFICATION TO ANSWER AND COUNTERCLAIM IN DIVORCE I, Nanette S. Frady, verify that the statements made in this Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: G/1 /t;r" , ey/U LILt ) ~o~ Nanette S. Frady BRIAN L. FRADY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW NANETTE S. FRADY, Defendant NO. 95-Bl9 CIVIL TERM CIVIL ACTION - IN DIVORCE RULE TO SHOW CAUSE AND NOW, this .;)le/;1, day of 9U/'le , 1995, upon consideration of Defendant's Petition to Vacate Property settlement Agreement, a Rule is issued upon Plaintiff to show cause why the herein Petition should not be granted. Rule returnable the :-9/ Jf day of (1u'8-<t 0.-' , 1995, at of the Cumberland County ~:?Vt.m. in courtroom No. .~ Courthouse. Respondent is hereby enjoined from disipating or otherwise disposing of any marital assets and/or property within his possession or control until further Order of this Court. I ~' J. , ') \' "A~< ~ ~~~ ( \J'~ ~~ ~~>.Jl" .~ J f~ ~~ I,! ..... i~ BRIAN L. FRADY, IN 'rilE COUR'r OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintif f vs. CIVIL ACTION - LAW NANETTE S. FRADY, Defendant NO. 95-8l9 CIVIL TERM CIVIL ACTION - IN DIVORCE ORDER RE: PETITION TO VACATE PROPERTY SETTLEMENT AGREEMENT AND NOW, this day of June, 1995, upon presentation and consideration of Defendant's Petition to Vacate Property Settlement Agreement. this matter is hereby scheduled for hearing in Courtroom No. Cumberland County Courthouse, Carlisle, Pennsylvania on -' the day of , 1995 at BY THE COURT, J. BRIAN L. FRADY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW NANETTE S. FRADY, Defendant NO. 95-Bl9 CIVIL TERM CIVIL ACTION - IN DIVORCE PETITION TO VACATE PROPERTY SETTLEMENT AGREEMENT l. Petitioner is NANETTE S. FRADY, who currently resides at llOl Lindham Court, Apartment No. 4l2, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania l7055. 2. Respondent is BRIAN L. FRADY, who currently resides at 2302 Buckingham Avenue, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania 17055. 3. Petitioner and Respondent entered into a Property Settlement Agreement on or about February 3, 1995, a copy of which is attached as Exhibit "A". 4. Said property Settlement Agreement was prepared by Respondent and presented directly on or about February 2, 1995, to Petitioner for execution despite knowledge that Petitioner had retained legal counsel. 5. Respondent was fully aware that Petitioner suffered from Multiple Sclerosis, depression and anxiety. 6. Respondent, with full knowledge that Petitioner desired to obtain legal advice prior to executing said Property Settlement Agreement. and with full knowlege that Petitioner had made an appointment to obtain legal advice with her attorney for February 6, 1995, harrassed Petitioner and coerced peitioner into executing said Property Settlement Agreement, thus denying Petitioner the opportunity to obtain legal counsel concerning terms of said Agreement. 7. said Property Settlement Agreement is highly detrimental to the best interests and desires of Petitioner. 8. Said Property Settlement Agreement is highly detrimental to the best interests of the children of the Petitioner and Respondent. 9. petitioner reasonably fears that marital assets and/or property may be dissipated without Petitioner's consent and against her wishes and best interests. WHEREFORE, Petitioner requests this Honorable Court to vacate said Property Settlement Agreement and declare that said Agreement be null and void and to be without binding legal effect. WHEREFORE, Petitioner respectfully requests that Respondent be enjoined from dissipating or otherwise disposing of any marital assets and/or property within his possession and/or control. Respectfully sUbmitted. . l-' I ,/ zlud., G. Patr1ck 0 onnor, Esqu1re Attorney for Petitioner Supreme Court I.D. No. 64720 3105 Old Gettysburg Road Camp Hill. PA l70ll Telephone: 7l7-737-7760 VERIFICATION I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa.C.S. Section 4904, relating to unsw~rn falsification to authorities. Dated: C/9j 0/ </ I 1dlA- ) ioitf ~~te s. Frady . . '1 PROPERTY SETTLEMENT AGREEMENT of THIS AGREEMENT ;e Jll}cdf/Je' I ~~ made and entered into this ~ '" day , 1995, by and between NANETTE S. FRADY, of Upper Allen Township, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," and BRIAN L. FRADY, of the same place, party of the second part, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on April 30, 1988; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and I~HEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as l^W 01"111"1.', M^ULIN II. f..h l",'u:n follows: 1. SEPARATION. It shall be lawful for each party at all ) e,(///lj/r If} I. times hereaCter to live separate and apart from the other party, at such place of places as he or she from time to time may chose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for :d.:> or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or tAW ll'n...:~. ~MI".IU n. MrC.\I.1:11 suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; -2- except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets before or during their marriage, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited to: (a) The family home in Upper Allen Township, Cumberland County, Pennsylvania, known and numbered as 2302 Buckingham Avenue, which they acquired by deed of John M. Kucek and Diana H. Kucek, his wife, dated January 8, 1990, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "J," Volume 34, Page 65, for the purchase price of $120,000.00, which family home is encumbered by a mortgage given by the parties to York Federal , Savings and Loan Association on September 21, 1993, recorded in the Recorder's office aforesaid in Mortgage Book Volume 1166, Page 728, in the original principal amount of $55,000.00. (b) Household goods, contents, furniture and furnishings presently located in the family home. (c) A 1987 Pontiac Grand AM SE, titled in wife's name alone (acquired by her before the marriage); a 1988 Ford F-150 I LAW"""",," XLT truck titled in husband's name alone; a 1983 Honda V65 I MAHLIN It Mt(ALEU -3- motorcycle, titled in husband's name alone; a 1977 Arctic-Cat snowmobile, owned by husband alone; and a 1984 Yamaha 225 DX 3- wheeler, owned by husband alone (acquired by him before the marriage). All such vehicles are free and clear of any liens or encumbrances. (d) Joint checking account No. 090-370818, York Federal Savings and Loan Association, having a balance as of January 17, 1995, in the amount of $16,040.90. (e) Delco savings account No. 705160, titled in wife's name alone, having a balance as of December 31, 1994, in the amount of $2,916.02. (f) Husband's SEP retirement plan through Dellinger's Auto Body, Inc., having a value as of December 31, 1994, in the amount of $10,931.21. (e) Wife's 401-k profit sharing plan through Lebarnold, having an approximate value as of December 31, 1994, in the amount of $11,374.59. 5. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets described in Paragraph 4, above, have been or are hereby being divided and distributed between them as follows: (a) Wife covenants and agrees to grant and convey unto husband all of her right, title and interest in and to the family home as described in Paragraph 4(a), above, and to I....W llllll I', M^,H.IU I. '.h C..\I.UI execute a deed of special warranty conveying the same in -4- accordance herewith, under and subject to existing liens and encumbrances, said deed to be delivered to her attorney and held by him in escrow and to be delivered by him to Husband as provided herein below. Husband covenants and agrees to assume full and sole responsibility for the payment of the balance of the aforesaid mortgage obligation to York Federal savings and Loan Association and Husband covenants and agrees to indemnify Wife and save her harmless of and from all liability or claim on account of said mortgage obligation from and after the date hereof. Husband shall further exercise his best efforts to lAW 1l111"', obtain the mortgagee's release of Wife from said mortgage obligation. (b) In consideration of the conveyance of real estate as provided in sub-paragraph (al, above, Husband shall pay to Wife the total sum of $40,000.00, payable without interest as follows: the sum of $20,000.00 in cash upon the entry of a final decree of divorce and upon delivery to Husband of the deed described in sub-paragraph (a), above; and the sum of $4,000.00 in cash in each of calendar years 1996, 1997, 1998, 1999, and 2000, said sums to be payable on or before December 31, of each such calendar year, said payments to be secured by a mortgage to be executed and given by Husband to Wife encumbering the real estate described in sub-paragraph (a), above, which mortgage shall be a third mortgage lien upon the said real estate. Husband shall have the right to prepay any MAIlLlU It \h 1:.'l.tl\ -5- or all payments without penalty and all such payments by Husband are subject to his right of set-off against any obligation then owing to him by Wife. (c) Wife relinquishes and disclaims any and all ownership, right, title and interest in and to the 1988 Ford F- 150 XLT truck, the 1983 Honda V65 motorcycle, the 1977 Artic- Cat snowmobile, and the 1984 Yamaha 225 DX 3-wheeler and Wife agrees that Husband shall be and remain the sole and separate owner of all such vehicles. (d) Husband relinquishes and disclaims any and all ownership, right, title and interest in and to the 1987 pontiac Grand AM SE automobile and Husband agrees that Wife shall be and remain the sole and separate owner of same. (e) Husband relinquishes and disclaims any and all ownership, right, title and interest in and to the items of personal property more fully described on Schedule "A" attached hereto and made a part hereof and Husband agrees that Wife shall be and remain the sole and separate owner of same. L^W Oil lel~. MAJ~LIU It tl.kC.\LI:U (f) Wife relinquishes and disclaims any and all ownership, right, title and interest in and to the items of personal property more fully described on Schedule "B" attached hereto and made a part hereof and Wife agrees that Husband shall be and remain the sole and separate owner of same. (g) Husband relinquishes and disclaims any and all ownership, right, title and interest in and to the Belco -6- . . savings account and Husband agrees that Wife shall be and remain the sole and separate owner of same. (h) Upon the execution and delivery of this 'Agreement, the joint checking account at York Federal savings and Loan Association shall be closed. The sum of $5,000.00 from the proceeds of said account shall be paid to Wife as her sole and separate property and the balance of said proceeds shall be paid to Husband as his sole and separate property. Each party hereby relinquishes and disclaims and and all ownership, right, title, and interest in and to the said separate 'property of the other. (i) Each of the parties hereto relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to any and all retirement and/or pension benefits, including death benefits arising therefrom, now owned or previously owned or previously acquired by the other from whatever source, and each party covenants and agrees that all l,t.W IHtlll:. M^,tUU It Ml C.\U.II such benefits of the other party shall be and remain the sole and separate property of that other property. 6. CU8TODY. The parties hereto covenant and agree that they will share legal custody of their minor children, HEATHER SUZANNE FRADY (born August 5, 1989) and KYLE JUSTIN FRADY (born September 7, 1992), and that they will share physical custody of the said children as follows: Husband shall have physical custody of the said children from Sunday evening through Friday -7- , ' ! ; ! evening each week, and Wife shall have physical custody of the said children from Friday evening through Sunday evening each week. The parties shall also share physical custody of the said children on holidays and summer vacations as the parties may from time to time hereafter agree. In consideration thereof, Husband shall provide medical insurance coverage for the said children and shall also pay for their day care expenses and Husband shall be entitled to claim the dependency exemptions for both children for federal ,income tax purposes. Husband and Wife shall each retain the right to at any time hereafter petition a court of competent jurisdiction to enforce, alter or modify the foregoing provisions for the custody of said children. 7. INCOME TAX RETURN. The parties covenant and agree to file a joint federal income tax return for 1994 and will ., cooperate with each other in providing the information and documentation necessary for the proper preparation and filing of same. In the event that additional federal income tax is owed for 1994, Husband shall pay an amount equal to seventy- five (75%) per cent of said additional tax and Wife shall pay an amount equal to twenty-five (25%) per cent of said additional tax. In the event of a refund, both parties agree to endorse the refund check; Husband shall be entitled to seventy-five (75%) per cent of said refund and I~ife shall be entitled to twenty-five (25%) per cent thereof. lAW tHillI:'. MAItt.lN It_ f..h.CALUI -8- 8. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 9. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 10. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing l.^W 111'11.1', MA'RIN It Mn:,\I.LlI rights and remedies are hereby waived and forever released and -9- , . I.AW on 1l:1;~. M^,~LIN ft. Mi:C.\LEU that this Agreement shall have the effect of a final Order of Court relieving ea~h party of the obligation to the other for any and all of the foregoing possible rights and remedies. Specifically, both parties covenant and agree that: both waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek alimony pendente lite, alimony, counsel fees, costs or expenses from the other party; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 11. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final 'decree in divorce may be entered with respect to the parties. 12. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties . ' hereby covenants and agrees wlth the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. -10- \ . I~ife desires to rent an apartment as her separate residence and Husband has agreed to co-sign the lease for the apartment as an inducement to the landlord to rent to her. Both parties agree that Husband is signing the lease only as an accommodation to Wife and that Wife will be primarily liable for the payment of the rent, with Husband being secondarily liable, only. Wife covenants and agrees to indemnify Husband and save him harmless of and from all liability or claim on account of the said lease. 13. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 14. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Husband will pursue an action in divorce pursuant to Section I.AW 11I1111', MAUt.HI P ""1 C^l.I:U 3301(c) of the Divorce Code of Pennsylvania, on the grounds -11- , . ... I'AC'~' ,..~J''''''"'~_~,;,-'t... .... 'T _._.........!J...~._-~. . _..-~__.....~~. . '~.', - , ,'. ~..:IJ-:. -'" 4 , . , , . I "', I . that the marriage is irretrievably broken, and thot both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the basis of mutual consent. 15. BEVERADILITY. 'rhe waiver of any term, condition, clause or provision of this Agreement shall in no way bo deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent juriSdiction, all other provisions shall nevertheless continue to be in full force and effect. 16. LAW OF PENNSYLVANIA l\PPLICADJ,l'l. '['his Agreement shall be construed under the laws of. the commonwoalth of pennsylvania. 17. ADVICE OF COUNSEl.. Both partieD covenant and agree that they have had ample and oufficiont time to carefully and fully review the terms and provisions of. thio Agreement and to seek and obtain the advice and counool of an attorney with respect to the same. Wife has ongaged the services of PatriCk G. O'Connor, Esquire, and Ilusband hao ongaged the servicea of Marlin R. McCaleb, Esquire, and each party has carefully reviewed the terms and conditions of thio Agreement with his or her respective counsel. Both portieo covenant and agree that 1,.W\IIII'I1I', they fully understand the facts upon which this Agreement is premised and baoad, that they believe this Agreement to be fair M^ltUr, ,t M,I'",UI -12- . . l^W f)rrll:I:~i ~.MULIN n ""tC/lLE,lJ and equitable, that said Agreement is being entered into freely and vOluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 18. COUNSELING. Husband and Wife agree to participate in a joint session of counseling with Sally J. Tice, Ph.D, of Shiremanstown, pennsylvania, and Husband shall pay the reason- able costs of such counseling. 19. INTEGRATION. This Agreement constitutes the entie understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are 1\0 covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 20. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. ~.... ..-'", ....! ~lfd/1, ) -:huiy anette s. Frady 1!?A- -j- ~t , Brian L. Frady ~ (SEAL) (SEAL) Cl)~ NOlon.1 Soal Judilh A. Waliar, Nolary Public Upper AIIon Twp" Cumbo,l,,"d County - 13 - My Commi.sion e'plros May 12. 1998 M,'fT'bcr, PennsyIVOIIlnAssodoooo 01 Not.:lrlos COMMONI~EALTIl OF PENNSYLVANIA ) : SSe COUNTY OF CUMBERLAND ) On this, the ~ day of F € h fULL/' I ^ 1995, before me, a tTcJtary Public in an~for the ~te and county aforesaid, the undersigned officer, personally appeared BRIAN L, FRADY known to mo (or satisfactorily proven) to be the person described 1n the foregoing inotrument, and acknowledged that he executed the same for the purpooes therein contained. IN IH'l'NESS liIIEIlI~Ol", I hereunto set seal. ( \:jfjQ',il'/QlalY Public 1\ ','n wp..l:unTharland Counlv My Comml..,on E.plrua May 12, 10ge "umbo<, POIvl8yIv8l..Assooatoo of NoIarioI "AL) .' COMMONlmALTIl OF PE1INDVLVMIIA ) , . COUNTY 01' CUMIlElll.Atll) ) BS. .)f' ( {fl On thio, the I,) dny or 'Vtl(rl"l! 1995, be foro me, n Notal'Y Public nand fot the state and county nroreonid, tho undoroigned officer, personally 3ppeared NANE'l''l'E S. FRADY, known to mo (or satisfactorily proven) to be the person deocrlbed in tho foregoing instrument, and acknowledged thnt she executed the same for the purposes therein contnlned. III IH'l'NESS liIIEIlEOF, I hereunto set my hand and official senl. otJa,r,Y"IPublic C!l~iSllf'1C J" It:'l!II,"'lL. tJI1t:Jr}' Public t;t.1 PC'lW :"J'~ ~'r.l" ClJmtt'rLl~i:t (..Jtlll:'i UV_~=~.J:nn b;,- ~,!~ Jiln, 2tJ, 19~::J ,.~I" ,VJW, PJ.:1ifC)"....: l!Ji\'.~;:.t.::1t1;)" ur r-.ji,i~I:: .,~ .___ (SEAL) tAW Otllll '. MAItLIU It "-h eM 1.1' -14- ,/II#iYefk " ~7~;puI ~'1. #// . j!";ffw fiMwk , If/I !!.il4~ -I ~~ jOjljllc~ J/( J~~/J4<r .' ji;'I'"7t~ ; ;:;,.,., '1 jt=?. : *'77<::. ( ,,:,""'< ;;',;;'1) " '/(.;!dcrt I$f:,~f ej~ . . ,}Ik1 /!a1-1, ~~i;-<::: i c::..Jt//Y/J: /7tt1l'.I/ I~~ ' /l[k.;,yk " ',_,C,__q, -lilc/;f/l~7 /;i:J;s . . (I~ )dd~ J-C) " TY. . ).;ej 1~~lI~ j'::../~ (!!IJ/';P;J) i ;;'~);{/~'-r t.; jJcd/t.a.v,'-1 ,?t.J,iTc: W.a7itf',L) V-<9~.Y/~1 e t~,<- . , If/I c(~l!Ri~, /Jltl jl/~JZ~otJ l?his it/I fqtjUY/ Pc;'O t~'l't.5 ~J;.. ). ~ k~/).ine _ . tfll> {JJl,//! ~ f /;;4..i'I h/~/r.'I<e.. S;e1LiJ (b;e/~"Vi) " I . . '.. , f . ":"!""~' " ~, E "A" SCIIEDUL . ~. . i(," . . .' . . . ~._._---~._--...:,....._. j' , 'f;;ti~: /fffJ ;;~( /'/. . /'1g.~ /Io~ )~C~11e 1'17 7 ;J;W//~ S'1I?1t..J~JI k . . /fW 1/ ~1ff/;& 3 t..J,~lt_.bk. If/I ..6~' /,' /;-tz~/u;1J ) ~;.~ Izx,Is . ;&// ;114-j?L /j;jl),tNe-~:;' )'17",~t~~>, ;z4~~,"..J.J""$ . ' : t~"t!iJk;(. rC/Kj'f?K.. . . .: . :5iY2')4:!.' ~'':-'~r.:i!'':''::''_'" ......... . .... . .. ~ ~1/UJw?f'lk . .,,-,.. l ~.1 .. '~(. p~~: *t~ :t. ,'5/~ ..,...,....... . " . ...... v ;5' II ;:1/. f ~l!1!Ic/ IJI/#/;~ W~I"I ;?::)jr. f PfflJ;~:J7ti tliltiq ~ tI?J~-t f e.k47ic.. . /}k/4<J'(l" ~t7;vz4 ",.,~ ~~~rI ;:~ }1,,/ j#);/e !"'c~;,>/ 4',;,t/r~ r ;:;;'",y</&h=. !}~~'i (. tfT/z I~~.~~"") If c1'/~~ ~ f7 S' ';),0 /:t24~ $i/l:- u..Lyfc::~) '~"..~:~:J; ;' .~-~~..- . SCHEDULE "B" 11 i '" (:.'../J?'1,<e. 4- ~ S" y.1f"1o c!/ht(;rqA- ~~ .:t' .......... r- rI - ~ Lr) ~ .~ It " 4 .~ ~ ::c .,.. , , - In 8>~ ,,', '-.71 - , , I, I ~ I ,;',; ::, ""\ <.' "" :::~ --, III I. o ~:l Z 0 ~ Z IJ III ~ ~ j ~ ~ ml s 5 ~ ~ ~ ~ ~ to? "~ '. BRIAN L. FRADY, IN TilE COUR'l' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. I NANETTE S. FRADY, Defendant NO. 95-8l9 CIVIL TERM' CIVIL ACTION - IN DIVORCE ORDER RE: PETITION FOR ALIMONY PENDENTE LITE AND NOW, this r!.{lotL day of June, 1995, upon presentation and consideration of Plaintiff's Petition for Alimony Pendente Lite, this matter is consolidated for hearing with Plaintiff's Petition to Vacate Property Settlement Agreement, to be held in Courtroom No. - 1.1- &/IJI , Cumberland County Courthouse, Carlisle, Pennsylvania on day of r!u1fA-a.d , 1995 at 3:00 p.tI1. /''\ ;i) BY THE COU T I If I the J. ,~ {,\JJ (, ~\"~ ~\ lJ \') \ ~~1)Jt-f 7. Defendant works as an office clerk at Lebarnold Trucking Company, Camp Hill, Pennsylvania. She currently earns $10.66 per hour and her net income averages $286 per week, or $1,238 per month. 8. Defendant does not know whether, given her present medical diagnosis, how long she will be able to continue holding her present job. 9. Defendant estimates her monthly living expenses are approximately $l,800 to $2,000, excluding the cost of medical insurance currently provided by the Plaintiff. 10. Plaintiff earns approximately $60,000 per year and is financially able to support his wife. ll. The parties own considerable assets. Plaintiff has access to virtually none of the joint financial assets. " l2. A hearing has been set on Defendant's Petition to Vacate the property Settlement Agreement before the Honorable , in Courtroom No. , Cumberland County Courthouse, Carlisle, PA, on , 1995, at o'clock. Defendant asks that a hearing be set on the instant Petition and that the hearing on this cause be consolidated with the Petition to Vacate Property Settlement Agreement at the time and place already set on Defendant's petition to Vacate Property Settlement Agreement. WHEREFORE, the Defendant requests this Court to: a. Set a hearing on this Petition at the time set for the hearing on Defendants's Petition for Special Relief: b. Award Defendant reasonable interim counsel feeo, i f i , i ' I i I I I expenses and costs of suit in this matter; c. Award Plaintiff reasonable alimony pendente lite; and d. Grant such further relief as it shall deem proper and just. Respectfully submitted, M~X~~if ~. Patrick O'connor, Esq. . Attorney for the Petitioner Supreme Court I.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA l70ll Telephone: 717-737-7760 VERIFICATION I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6~~ ;l9sr-- .'T'II/lft.:.';.\'I' 1...\\" II'''' '. !f~ ." " ''1'- . ) ,:. ~.') .V~'.l.!" '!..: ()'l"~)NNnU '~I;I'" ;.1.11 ,II:':' r'.....III..IClI IfIIAU ",\I\It. JllI.I.: I'to:NNHYI.\'^~IA 11011.7Utlll ~J ~ ,... ~ -& U"1 en - .L i -:r.'''' ::s:: t.'-: -~ ., ,~) -- ~ .:.;-';(-.l ~= '-.:::..J t D ., . ,'.' ' ~.- . % => -, -.,'( . ,. -r I ;l".!" :~; , 1-.... ' ." ~:j c;; ~ ~ o ~ ~ ~ 2 ~ ~ ~ I ~ o ~ ;. ~ 5 ~ ~ ~ C ~ ~ -< 9 ~ P-t 8 ci ~ ~ , " \ . ' . .. , . , '. . ,. BRIAN L. FRADY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NANETTE S. FRADY, DEFENDANT 95-0819 CIVIL TERM ORDER OF COURT AND NOW, thIs I~ day of July, 1995, the hearing scheduled for August 21, 1995 at 3:00 p.m. Is rescheduled to Monday, August 28,1995, at 1:30 p.m., In Courtroom Number 2. G. Patrick O'Connor For PlaIntiff By the court,"/' ./' Vi(. 1/./' . ~I Edgar B. Bayley, J. I e~r~ rY"'~L 7/19/9S'. ..&,l!" Marlin R. McCaleb, EsquIre For Defendant :saa JUl If] Z 43 PH '95 I,," " ,.',i,': " . ,j\' . .. , " BRIAN L. FRADY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NANETTE S. FRADY, Defendant NO. 95-Bl9 CIVIL TERM CIVIL ACTION - IN DIVORCE ORDER OF COURT You, Brian L. Frady, are ORDERED to appear in person at ':2,9 IN, (Vk,;,'\ S~, fVll-c ~''''\ ',c\J,,,f .', ~ pennsylvania on 4"""1. J;>. IIi'IS" at -L o'clock ~./p.m. for a custody conciliation Conference. At such Conference, an effort will be made to resolve the issues in dispute; or ., if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a Temporary Order. All children age five or older may, at the request of either attorney or party, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. Jut :,/ I! 10 (;i '95 ,. .. ~ I.', : ~ fll .,: ~ . \' '..i.', ).]/.95 tc:/ (~ 11I(;~/" a7f- () '('nt-,."! ):31','1;' 'Jp,q;:u/w~~ IJ a{?- '111"t"&g 7 31 9s t~ /naJi,! 'Ir fU. ~~'1? YOU SIlOULD TAKE TIlIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IlAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 'l'ELEPIlONE TilE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courty House One Court House Square Carlisle, PA 17013-3387 Telephone: (7l7) 240-6200 FOR THE COURT: -' Date <117-'lS , ~ul ':1 " lZ 10 tlji~ tg5 " j i' BRIAN L. FRADY. Plaintiff IN 'l'HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NANETTE S. FRADY, Defendant NO. 95-8l9 CIVIL TERM CIVIL ACTION - IN DIVORCE PETITION FOR CUSTODY l. The petitioner is Nanette S. Frady, residing at llOl Lindham Court, Apt.14l2, Mechanicsburg, cumberland County, Pennsylvania. 2. The respondent is Brian L. Frady, residing at 2302 Buckingham Avenue, Mechanicsburg, Cumberland County, pennsylvania. 3. petitioner seeks primary custody of the following children: Heather Frady. 2302 BUckingham Avenue, Mechanicsburg, Cumberland County, Pennsylvania, age 5, born 8/5/89; Kyle Frady, 2302 Buckingham Avenue, Mechanicsburg. Cumberland County, pennsylvania, age 2, born 9/7/92. The children were not born out of wedlock. The children are presently in the custody of the respondent. During the past five years, the children have resided with the petitioner and respondent from birth until February 5, 1995; and with the respondent from February 5, 1995 until the present. The mother of the children is Nanette S. Frady, currently residing at llOl Lindham Court. Apt.D4l2, Mechanicsburg, Cumberland County, Pennsylvania. The father of the children is Brian L. Frady, currently residing at 2302 Buckingham Avenue, Mechanicsburg, Cumberland County, Pennsylvania. The mother and the father are married to each other, but separated. A complaint in divorce was filed in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, on February 14, 1995. 4. The relationship of petitioner to the child is that of natural mother. The petitioner presently lives alone. 5. The relationship of respondent to the child is that of natural father. The respondent resides with a girlfriend on at least an irregular basis, in addition to the children. 6. petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Petitioner does not know of a person not a party to the proceeeding who has physical custody of the children and claims to have custody or visitation rights with the respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the mother is best able to provide loving care and a stable environment that is necessary and desirable for her children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. Wherefore, petitioner requests the court to: a. grdnt Nanette S. Frady custody of the children 1 and b. grant Nanette S. Frady and her children exclusive use of the marital home pending equitable distribution of marital assets. Respectfully submitted, , / . Patr ck O'Conno , Esqu~re . Attorney 1.0. No. 64720 3105 Old Gettysburg Road Camp Hill, PA l70ll Telephone: 7l7-69l-7772 Attorney for Petitioner (:. I~ A'I'H1CI( U'(:ONNOI-l A'I'TIII(~I~\' AT I.A'" ~lI11r.'II.I'oIhTI \nll"Il!; Ih."I) 1"\,\11' 1111.1. PI..";,."I.\'-,'".. 1,lllI ;:':01" J l'i lJ L.r> U'> - = '-'- ;/) '"' ,,"-1 ,"-..J -, :.. -, ~ m. o ~:: ~ = ~ o ~ " ~ 9 j ~ ~ o ~ III :- ~ n ~ ~ n ~ ~ ~~ d n~ " . 'I, BRIAN L. FRADY, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-819 CIVIL TERM NANETl'E S. FRADY, Defendant C1VIL ACTION - LAW CUSTODY ORDER OF CXJURT AND NeW, thiS}l ~y 0 ~ , 1995, upon consideration of the attached Custody conciliation ~~rt,Oit is hereby ordered and directed as follows: l. The Mother, Nanette S. Frady, and the Father, Brian L. Frady, shall have shared legal custody of Heather Frady, born August 5, 19B9 and Kyle Frady, born September 7, 1992. The Father shall have primary physical custody of the Children. 2. The Mother shall have partial physical custody of the Children as follows: A. On alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. The Mother shall transport the Children on the alternating Fridays from the child care provider and the Father shall transport the Children from the Mother's residence on alternating Sundays. The alternating weekend schedule shall begin with the Mother having custody of the Children on August 25, 1995. B. On every Tuesday evening from 5:00 p.m. until 7:30 p.m. and every Wednesday from 5:00 p.m. until the fOllowing Thursday at 7:00 a.m. For these periods of custody, the Mother shall provide transportation of the Children to and from the child care provider or the Father's residence as appropriate. The weekly periods of custody under this provision shall conmence on August 29, 1995. 3. The parties shall share or alternate physical custody of the Children on holidays as arranged by mutual agreement. 4. During each party's periods of physical custody of the Children, the Children shall sleep only with their sibling or their parent and not with unrelated adults. 5. This Order may be modified by mutual agreement of the parties. In the absence of mutual agreement, the custody arrangements set forth in this Order shall control. " . 6. This Order is entered pursuant to a temporary agreement reached by the parties at the custody Conciliation Conference. The parties and their counsel shall meet with the custody Conciliator, Dawn S. Sunday, Esquire, for a second Conference on November 28, 1995 at 9:00 a.m. BY THE COURT, cc: G. Patrick O'Connor, Esquire Marlin McCaleb, Esquira . c...-J~~' .... rT.~..CL' ~-.;. ':::'1 ="'" tj:~'" "ll':'l..r:....1 ':J":ttJnlh_ :J>"U r- c,;(' :7!~': ;_~ ~ ~~. ~J ~.. ~;';':r. .." ~OC;'""l l=::~t'{o ,~ ''''I .;i:! -<'" -.: J ""- ~ ::g cs ~ ~ r.O '-'1 . , . i i i '1' BRIAN L. FRADY, Plaintiff IN ~'I1E COUR'r OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-819 CIVIL TE1~ NANETTE S. FRADY, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY C::OOCILIATION SlI91l\1W REPORT IN ACCORI>ANCE WI'l11 cmDERLAND <XUlrY RULE OF CIVIL PROCEDURE 19l5.3-8, the undersigned custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subjects of this litigation is as follows: ~ Heather Frady Kyle Frady BIRTHDATE CURRENTLY IN CUSTODY OF August 5, 1989 September 7, 1992 Respondent/Father Respondent/Father 2. A Conciliation Conference was held on August 22, 1995, with the following individuals in attendance: The Mother, Nanette S. Frady, with her counsel, G. Patrick O'Connor, Esquire, and the Father Brian L. Frady, with his counsel, Marlin McCaleb, Esquire. 3. The parties agree to entry of an Order in the form as attached. Date (5' /~c, /e;.;- . . (a~<,~j." 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