HomeMy WebLinkAbout95-01681
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: IN THE COURT OF COMMON PLEAS :
8 OF CUMBERLAND COUNTY ~
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j STATE OF 0".. PENNSYLVANIA .
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. ,TERESA. E .,,~l.OSSER . ".,' II ~
Plaintiff No.,168L..". CIV.IL,.. 1995
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: DONALD L. ,~LOSS.E~~fcnda~~'" 1\ ~
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. DECREE IN .
. DIVORCE ·
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~ ANDNOW".,',..,,...;:.)I~4.(......;',...,'" 19.~)"".it Is ordered and .
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, decreed that"".. .1In:I?!lQ. E,., ,6~p,&~ln:"".",.....,.,..,"', plaintiff, .
. and.. . .. .. ,.. . .. ,.. Dana 1 d..L .. Inoase.!: .. .. .. .. .. .. ,.. .. .... defendant, ~
~ are divorced from the bonds of matrimony. "
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. 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
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TERESA E. BLOSSER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS or
CUMBERLANU COUNTY, PENNSYLVANIA
NO. 1681 CIVIL 1995
DONALD E. BLOSSER, JR.,
Defendant IN DIVORCE
THE MASTER: Today is Monday, September 18, 1995.
Present for a Master's hearing are the Plaintiff, Teresa E.
Blosser and her counsel Samuel W. Milkes, and the Defendant,
Donald L. Blosser, Jr., and his counsel Michael A. Scherer.
A divorce complaint was filed on March 31, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage, Counsel have indicated that they will have their
clients sign and file affidavits of consent within the next week
so that the divorce can be concluded under Section 3301(c) of
the Domestic Relations Code. The divorce complaint also raised
the economic issues of equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
The Master has been informed that counsel, after
negotiations, have reached an agreement with respect to the
outstanding economic issues and that they are going to place on
the record, in the presence of the parties, the agreement. The
agreement as stated on the record will be considered the
substantive a~reement of the parties, not subject to any
modifications except for corrections of typographical errors
which may be made in the transcription.
The Master has been
informed that the parties and counsel will return around 1:00
p.m. this afternoon, after placing the agreement on the record
this morning, to review the agreement for typographical errors
and then the parties will affix their signatures in affirmation
of the terms of the agreement as set forth. Following the
completion of the agreement, the Master will prepare an order
vacating his appointment and counsel can file a praecipe
transmitting the record requesting that the Court enter a final
decree in divorce. Mr. Milkes.
MR. MILKES:
1. There exist various marital debts of the parties as
outlined in the listing provided to the Master on August
28, 1995. The parties agree that Teresa Blosser shall
assume responsibility for payment of the Graham Medical
clinic and PP&L bill.
Donald Blosser, Jr. shall assume responsibility for the
ICC Collections, York Credit Bureau, Dauphin Deposit Bank
and Trust, and Cellular telephone bills.
The total responsibility assumed by Teresa Blosser is in
the amount of $995.00. The total responsibility assumed
by Donald Blosser, Jr., is in the amount of $2,569.00.
With respect to the remaining bills, except the Court
judgment item, the parties agree that these bills are
considered uncollectable and are not provided for in this
agreement. The parties further agree that the Court
judgment item of Robert Hughes vs. Teresa and Donald
Blosser will be resolved jointly through counsel. If
this matter ultimately results in a judgment, which is
not currently the case, the parties will assume
responsibility for payment on this judgment allocated 2/3
to Donald Blosser, Jr. and 1/3 to Teresa Blosser
2. The payment on the above bills is to be made by each
party within six (6) months of today's date or within two
weeks of the first distribution from the Donald Blosser,
Sr., trust, whichever occurs later. It is further
provided that if either party makes any interim payments
on the other party's obligations under this agreement,
that party will be reimbursed for those advance payments,
J. The parties agree that the order of Court of the
Honorable Kevin A. Hess, entered in this matter on July
14, 1995, may be vacated but in its ste~d, an order
of Court will provide that upon the first distribution
from the trust of Donald Blosser, Sr., after payment of
any support jUdgment, the obligations of Donald Blosser,
Jr., provided for within this agreement shall be paid
directly by the trustee.
4. The parties each have or have had within their possession
various items of marital property. Each party is and
shall be entitled to retain possession and full ownership
of any such property in his or her possession.
5. In her complaint, wife presented a request for counsel
fees and expenses as well as alimony and alimony pendente
lite. Wife hereby waives her request for these
various items.
6. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each
party hereby waives and relinquishes any and all rights
he or she may now have or hereafter acquire under the
present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of
the marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such
interests, rights, and claims.
MR. MILKES: Teresa Blosser, you've been present
during the dictating of the agreement that just took place?
MS. BLOSSER: Yes.
MR. MILKES: And does that, in fact, represent the
agreement that you've said you were willing to enter into for
resolution of this divorce?
MS. BLOSSER: 'les.
MR. MILKES: And you have also signed an affidavit
of consent?
MS. BLOSSER: 'les,
MR. MILKES: Is there anything that you're aware of
that was not contained within that agreement?
MS. BLOSSER: No.
MR. MILKES: So you're prepared to sign that
agreement once it is reduced to writing?
MS. BLOSSER: Yes.
MR. SCHERER: Donald Blosser, Jr., YOU've been
present and listened to the agreement that was dictated by Mr.
Milkes?
MR. BLOSSER: 'leap.
MR. SCHERER: Are there any issues which have not
been covered by the agreement which you believe should be
covered?
MR. BLOSSER:
MR. SCHERER:
that agreement?
Nope.
Do you want to voluntarily enter into
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military or naval servioe of the united states or its allies
within the provisions of the Soldiers & Sailors Civil Relief Aot
of the Congress of 1940 and its amendments.
7. There have besn no prior aotions of divoroe or
for annulment between the parties.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is
available and that Plaintiff may have the right to request that
the Court require the parties to partioipate in oounseling.
10. Plaintiff requests the Court to enter a decree
of divorce.
Plaintiff'. S.cond Cau.. of Action - cu.todv
11. Paragraphs 1-10 are incorporated herein.
12. Plaintiff seeks legal and physical custody of
Sheila Marie Blosser, age 10, date of birth March 16, 1985; Nina
Renee Blosser, age 8, date of birth September 5, 19861 and Dana
Lynell, age 6, date of birth November 10, 19881 who currently
reside in Meohanicsburg, Cumberland County, Pennsylvania 17013
with their mother.
13. These children are all the children of Teresa and
Donald Blosser and were not born out of wedlock.
14. The children are presently in the custody of
their mother, the Plaintiff.
15. During the past five years the children have all
lived at the following addresses and with the following people I
From approximately February 1990 until approximately January
1992 at 241 North Baltimore Street, Mount Holly Springs,
From approximately January 1992 until March 1993 at B20
Ridge Road, Carlisle, Cumberland County, Pennsylvania, with
Plaintiff and Defendant.
From March 1993 until August 15, 1993, at 1362 Grandview
Court, Carlisle, Cumberland County, Pennsylvania, with Plaintiff
and Plaintiff's brother, sister-in-law, and their three children.
From August 16, 1993 until July 31, 1993, at 403 Park Drive,
Carlisle, Cumberland County, Pennsylvania, with Plaintiff,
Plaintiff's sister, Plaintiff's brother-in-law, and their three
children.
From August 1, 1994 until March 1, 1995, at 41 West Main
Street, New Kingstown, Cumberland County, Pennsylvania, with
Plaintiff and, since November, 1994 also with Harry Laughman.
From March 1, 1995, to present, at 815 Hogestown Road,
Mechanicsburg, Cumberland County, Pennsylvania with Plaintiff and
Harry D. Laughman.
The mother of the children is the Plaintiff. She
the Defendant and residss with the children.
The father of the children is the Defendant. He
the Plaintiff and does not reside with Plaintiff or
16.
is married to
17.
is married to
the children.
lB.
Plaintiff 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.
19. Other than as stated above, Plaintiff has no
information of a custody proceeding concerning the children
pending in a Court of this Commonwealth.
20. Plaintiff does not know of any other person or
party to the proceedings who has physical custody of the children
or claims to have custody or visitation rights with respect to
the children.
21. The best interest and permanent welfare of the
children will be served by granting the relief requested becauoe
the Plaintiff is a loving parent able to care for the children
and custody with Plaintiff will afford the children the maximum
stability in their home environment.
22. Each parent whose parental rights to the children
have not been terminated and the person who has physical custody
of the children has been named as a party to this action. There
are no other persons who are known to have or claim a right to
custody or visitation of the children.
Plaintiff's Third Caus. of Action - Bauitabl. Distribution
23. Paragraphs 1 through 22 are incorporated herein.
24. The parties are the owners of various forms of
property subject to equitable distribution between them as
marital property and are jointly obligated on marital debts and
liabilities.
25. The Plaintiff requests the Court to equitably
divide such items of marital property and marital liabilities
between them.
Plaintiff's Fourth Cau.. of Action
Coun..l F.... Costs and Exoen...
26. Plaintiff incorporates Paragraph 1 - 25, herein by
reference.
27. Plaintiff is not in a financial position to meet
the costs and expenses of prosecuting this action and to pay
reasonable counsel fees to her attorney.
28. It is believed that Defendant is presently
employed and is the beneficiary of a trust and an eetate. He is
well able to pay Plaintiff'e costs and expenses and counsel fees
in this matter.
Plain~iff'. Fifth Cau.e of Aotion
Alimonv. and Alimony Pendente Li~.
29. Plaintiff incorporates Paragraphs 1 - 28, herein
by reference.
30. During the course of her ten year marriage, the
Plaintiff has been financially dependent upon the Defendant.
31. The Plaintiff is employed as an office clerk and
is financially unable to support herself and her children totally
in their present lifestyle with her current income.
32. The Plaintiff is in need of alimony pendente lite
to maintain herself during the course of this action and to
permanent alimony thereafter if she is to maintain her present
lifestyle.
33. The Defendant is financially able to support his
wife during the pendency of this action and thereafter.
WHEREFORE, the Plaintiff requests this Court to:
a. Enter a final Decree of Divorce divorcing the
Plaintiff from the Defendantl
L. Grant legal and physical custody of the
children to the Plaintiff;
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TERESA E. BLOSSER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff, I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 95-1681 CIVIL
I
DONALD L. BLOSSER, JR., I IN DIVORCE
Defendant I
PRAECIPE
TO THE PROTHONOTARY, SIRI
please reinstate the Complaint in Divorce filed in the above
captioned action on March 31, 1995.
Datedl June 22, 1995
TERESA E. BLOSSER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff, I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 95-1681 CIVIL
I
DONALD L. BLOSSER, JR., I IN DIVORCE
Defendant I
AJPrIDAVIT or SERVICE
I, Samuel W. Milkes, certify that on the 22nd day of June,
1995, I personally served upon the Defendant, Donald Blosser, by
hand delivery, the following documents filed in the above-captioned
matter I Reinstated Divorce Complaint, together with the Order of
the Custody Conciliator, Plaintiff's waiver of counseling
affidavit, Motion for Appointment of Master, together with the
Order of Judge Hess, appointing the master in this matter, and
finally the Order and Notice setting hearing executed by the
Maater, setting a hearing in the above referenced matter for
September 18, 1995, at 9100 a. m.
;27~~
BYI Samuel W. Milkes, Esq.
JACOBSEN , MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
Datedl June 23, 1995
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IN THE COURT OF COMMON PLEAS
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PENNSYLVANIA
mICHornCE
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TERESA E. BLOSSER,
plaintiff
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v.
DONALD L.. BLOSSER, JR.,
Defendant
----------------------------
DEFENDANT'S ANSWER TO
LAINTIFF'S RULE TO SHOW CAUS
----------------------------
NO. 95-1681 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNSYLVANIA
TERESA E. BLOSSER
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Plaintiff
N (). .",1.681...,,,,,, ,C.I.V.IL... 19 95
.....................................................................................
Versus
,O,ONALD., L .....BLOSSER.,..",. ".......",... ...,..............
Defendant
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DECREE IN
DIVORCE
AND NOW", ,~pt~f,f!3/"""",.,. 19 ,~~,.,. It is ordered and
decreed that .. ,~~~~.s,,!, ~....~~!J,s,~~F............,..,.........., plaintiff.
and,.......".. Danald..L.. B.losse.r...,...",............." defendant,
are divorced from the bonds of matrimony.
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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;
"., ,A. ,~li!J:,t,l,!llJll!At; ,t\g.r,~eml!At. DY. ,t1<1?,t,Elt': iJ, .!iea.r,i.ng, p,1\t;ed,..", . ..,. ,
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into th~s Decree.
Dy The Court.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. l68l CIVIL 1995 Vl
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TERESA E. BLOSSER,
Plaintiff
DONALD E. BLOSSER, JR.,
Defendant
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IN DIVORCE
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THE MASTER: Today is Monday, September~8, 1995.
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Present for a Master's hearing are the plaintiff, Te~a E.
Blosser and her counsel Samuel W, Milkes, and the Defendant,
Donald L. Blosser, Jr., and his counsel Michael A. Scherer.
A divorce complaint was filed on March 3l, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage. counsel have indicated that they will have their
clients sign and file affidavits of consent within the next week
so that the divorce can be concluded under Section J301(C) of
the Domestic Relations Code. The divorce complaint also raised
the economic issues of equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
The Master has been informed that counsel, after
negotiations, have reached an agreement with respect to the
outstanding economic issues and that they are going to place on
the record, in the presence of the parties, the agreement. The
agreement as stated on the record will be considered the
substantive agreement of the parties, not subject to any
modifications except for corrections of typographical errors
which may be made in the transcription.
The Master has been
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intormed that the parties and counsel will return around 1:00
p.m. this afternoon, after placing the agreement on the record
this morning, to review the agreement for typographical errors
and then the parties will affix their signatures in atfirmation
of the terms of the agreement as set forth. Following the
completion of the agreement, the Master will prepare an order
vacating his appointment and counsel can file a praecipe
transmitting the record requesting that the Court enter a final
decree in divorce. Mr. Milkes.
MR. MILKES:
1. There exist various marital debts of the parties as
outlined in the listing provided to the Master on August
28, 1995. The parties agree that Teresa Blosser shall
assume responsibility for payment of the Graham Medical
Clinic and PP&L bill,
Donald Blosser, Jr. shall assume responsibility for the
ICC Collections, York credit Bureau, Dauphin Deposit Bank
and Trust, and Cellular telephone bills.
The total responsibility assumed by Teresa Blosser is in
the amount of $995.00. The total responsibility assumed
by Donald Blosser, Jr., is in the amount of $2,569.00.
With respect to the remaining bills, except the Court
judgment item, the parties agree that these bills are
considered uncollectable and are not provided for in this
agreement. The parties further agree that the Court
judgment item of Robert Hughes vs. Teresa and Donald
Blosser will be resolved jointly through counsel. If
this matter Ultimately results in a judgment, which is
not currently the case, the parties will assume
responsibility for payment on this judgment allocated 2/3
to Donald Blosser, Jr. and 1/3 to Teresa Blosser
2. The payment on the above bills is to be made by each
party within six (6) months of today's date or within two
weeks of the first distribution from the Donald Blosser,
Sr., trust, whichever occurs later, It is further
provided that if either party makes any interim payments
on the other party's obligations under this agreement,
that party will be reimbursed for those advance payments.
J. The parties agree that the order of Court of the
Honorable Kevin A. Hess, entered in this matter on July
14, 1995, may be vacated but in its stead, an order
of Court will provide that upon the first distribution
from the trust of Donald Blosser, Sr" after payment of
any support judgment, the obligations of Donald Blosser,
Jr., provided for within this agreement shall be paid
directly by the trustee.
4. The parties each have or have had within their possession
various items of marital property. Each party is and
shall be entitled to retain possession and full ownership
of any such property in his or her possession.
5. In her complaint, wife presented a request for counsel
fees and expenses as well as alimony and alimony pendente
lite. wife hereby waives her request for these
various items.
6. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each
party hereby waives and relinquishes any and all rights
he or she may now have or hereafter acquire under the
present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of
the marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such
interests, rights, and claims.
MR. MILKES: Teresa Blosser, you've been present
during the dictating of the agreement that just took place?
MS. BLOSSER: Yes.
MR. MILKES: And does that, in fact, represent the
agreement that you've said you were willing to enter into for
resolution of this divorce?
MS. BLOSSER: Yes.
MR. MILKES: And you have also signed an affidavit
of consent?
MS. BLOSSER: Yes.
MR. MILKES: Is there anything that you're aware of
that was not contained within that agreement?
MS. BLOSSER: No.
MR. MILKES: So you're prepared to sign that
agreement once it is reduced to writing?
MS. BLOSSER: Yes.
MR. SCHERER: Donald Blosser, Jr., YOU've been
presenc and listened to the agreemenc that was dictated by Mr,
Milkes?
MR. BLOSSER: Yeap.
MR. SCHERER: Are there any issues which have not
been covered by the agreement which you believe should be
covered?
MR. BLOSSER:
MR. SCHERER:
that agreement?
Nope.
Do you want to voluntarily enter into
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TERES^ E. BLOSSER, IN THE COURT OF COMMON PLE^S OF
Plaintiff . CUMBERL^ND COUNTY, PENNSYLV^NI^
.
CIVIL ^CTION - L^W
VB. NO. 1681 CIVIL 1!1J5
DON^LD L. BLOSSER, JR. ,
Defendant IN DIVORCE
S'l'^TUS SHEET
D^TE:
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oUlllm AND NOTICE SI';'!"I'ING JIEAllING
'1'0 : Teresa E. Blosser Plaintiff
Milkes ,
Samuel W. Counsel for Plaintiff
,
Donald L. Blosser, Jr. , Defendant
----------- Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania, on the 18th day
of September ,1995, at 9:00 a.m., at which place
and time you will be given toe opportunity to present witnesses
and exhibits in support of your case.
By the Court,
~~ \::::
Harold E. Sheely,
.ludge
Date of Order and
Notice: 6/22/95
By:
!!~!~if1~
Divorce Master
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, East Wing
Cumberland county Courthouse
Carlisle, Ph 17013
Telephone (717) 240-6200
.
TERESA E. BLOSSER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DONALD L, BLOSSER, JR.,
Defendant
95-1681 CIVIL TERM
RE: Pre-Hearing Conference Memorandum
DATE: Monday, August 28, 1995
Present for the Plaintiff, Teresa E. Blosser, was
attorney Samuel W. Milkes, and present for the Defendant, Donald
L. Blosser, Jr., was attorney Michael A. Scherer.
A divorce complaint was filed on March 31, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claims of equitable distribution,
alimony, alimony pendente lite, and counsel fees and expenses.
The conference today was held at the request of
Attorney Scherer, Prior to the conference, no directive was
filed for counsel to file a pretrial statement in accordance
with P.R.C.P. 1920.33(b), which is the customary procedure.
Upon discussion today, we have determined that the case involves
debt issues more than asset issues, but the Master will
elaborate further in the memorandum about those particular
matters. with respect to the matter of the divorce itself,
counsel have advised the Master that both parties are willing to
sign and file affidavits of consent, which the Master requests
be done prior to the hearing that has been scheduled on
September 18, 1995.
With respect to the asset issue in this case,
counsel for wife has indicated that wife claims that husband had
a substantial amount of tools around the time of separation
(perhaps having a value of $17,000.00) and that husband has had
the benefit of those tools. On the other hand, husband claims
that he left the tools in wife's possession when the parties
separated and wife and her brothers had access to the tools.
Therefore, there is an issue as to who has possession of any
tools and, further, an issue as to the value of the tools.
Husband probably would admit, according to his counsel, that
there were tools, but he is not prepared to admit that the tools
had a value of $17,000.00.
In addition to the tools, wife claims that upon
separation husband took a motorcycle which he ultimately traded
in for the sum of $800.00. Husband's counsel is going to
inquire of his client about the existence of the motorcycle.
Finally, husband claims that wife had a vehicle
at the time of separation which had a value of $500.00. Wife's
counsel, however, claims the vehicle had a blown engine and had
no value.
Counsel have admitted that there is no value
going to be utilized in the equitable distribution computation
for household tangible personal property.
Therefore, the assets include, to summarize,
tools of questionable value, a motorcycle, and a car. counsel
for wife has indicated that he thinks the car was an old
Cadillac and that the motorcycle WilS a 'rriumph.
Counsel for wife prepared and brought along to
the conference today a list of marital debts which total in
excess of $12,000.00. After discussion there is some question
as to whether or not all of the debts are viable, and counsel
are going to attempt to determine the status of the debts and
whether or not there is any reasonable expectation that the
creditors can collect the debts.
The other issue regarding the debts involve how
the debt is to be allocated between the parties. Wife takes the
position that since her credit rilting hilS been destroyed,
apparently by all of these debts showing up on her credit
report, that husband should be responsible for the debts and
that they should be paid out of an inheritance which husband is
receiving.
After a discussion with counsel it appears that
the inheritance wife speaks of is a distribution from husband's
father's estate through a trust ilgreement and that husband is
perhaps going to realize a total over a period of time of
$25,000.00. That figure of $25,OIlO.OO is a figure which Mr.
Milkes has suggested. In any event, it appears as if the total
amount that husband is going to receive as a result of the
inheritance will ultimately be paid out in increments and will
not be received as a lump-sum pilyment in the near future. Also
of importance and consideration in reviewing the debt situation
is the fact that husband owes a substantial support arrearage to
the Cumberland County Domestic Relations Office and that
whatever he receives will be first applied toward payment of
that arrearage, which we believe currently is in excess of
$8,000.00. Therefore, if husband receives only a portion of his
inheritance, there may not even be enough money after the
support arrearage is paid to satisfy any of the debts that are
listed on the statement prepared by wife's counsel.
As noted, a hearing has been scheduled for
September 18, 1995, and counsel need to determine if they can
stipulate to what debts are reasonably collectible by the
creditors and perhaps suggest to the Master a method of
proceeding so we can try to resolve the debt issue in a way that
will be expeditious and final. One of the problems, as the
Master has pointed out, is that he cannot bind the creditors to
accept the allocation, although the Court can direct after the
allocation that the party responsible for the debt or a portion
of the debt make the payment of the debt. In any event, the
creditor remains a third party in the proceedings and will have
to be dealt with as such by the parties themselves. There is,
for instance, some question as to whether or not the statute of
limitations may have run on a large portion of the debt, which
is one of the issues that counsel are going to inquire about
when they revise the schedule of debt which has been presented.
Since the Master did not have the benefit of a
pre-trial conference memorandum, which was not directed to be
filed, he has been provided verbal knowledge that husband is not
currently employed, having been an over-the-road truck driver.
Husband lost his commercial driver's license and has been unable
to obtain employment.
with respect to wife, the Master has been
informed that she has the care and custody of three minor
children for whom husband is responsible to make payments on
account of support which has not been paid consistently,
allowing a large arrearage to accumulate. Wife is employed as a
clerk for an auto dealer and, according to her counsel, makes
around $200.00 per week.
It is a lso noted tha till add it ion to the issues
inVOlving the distribution of aascots all,l the allocation of debt
that wife has raised a claim tal' ,\1 imony and counsel fees. The
Master has indicated that uncler the circumstances that he is
aware of it is unlikely that those claims will be considered
seriously by the Master in making a final disposition. Copies
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1681 CIVIL 1995
TERESA E. BLOSSER,
Plaintiff
DONALD E. BLOSSER, JR.,
Defendant IN DIVORCE
THE MASTER: Today is Monday, September 18, 1995.
Present for a Master's hearing are the Plaintiff, Teresa E.
Blosser and her counsel Samuel W. Milkes, and the Defendant,
Donald L. Blosser, Jr., and his counsel Michael A. Scherer.
A divorce complaint was filed on March 31, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage. Counsel have indicated that they will have their
clients sign and file affidavits of consent within the next week
so that the divorce can be concluded under section 3301(c) of
the Domestic Relations Code. The divorce complaint also raised
the economic issues of equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
The Master has been informed that counsel, after
negotiations, have reached an agreement with respect to the
outstanding economic issues and that they are going to place on
the record, in the presence of the parties, the agreement. The
agreement as stated on the record will be considered the
substantive agreement of the parties, not subject to any
modifications except for corrections of typographical errors
which may be made in the transcription.
The Master has been
informed that the parties and counsel will return around 1:00
p.m. this afternoon, after placing the agreement on the record
this morning, to review the agreement for typographical errors
and then the parties will affix their signatures in affirmation
of the terms of the agreement as set forth. FOllowing the
completion of the agreement, the Master will prepare an order
vacating his appointment and counsel can file a praecipe
transmitting the record requesting that the Court enter a final
decree in divorce. Mr. Milkes.
MR. MILKES:
1. There exist various marital debts of the parties as
outlined in the listing provideQ to the Master on August
28, 1995. The parties agree that Teresa Blosser shall
assume responsibility for payment of the Graham Medical
Clinic and PP&L bill.
Donald Blosser, Jr. shall assume responsibility for the
ICC Collections, York Credit Bureau, Dauphin Deposit Bank
and Trust, and Cellular telephone bills.
The total responsibility assumed by Teresa Blosser is in
the amount of $995.00. The total responsibility assumed
by Donald Blosser, Jr., is in the amount of $2,569.00.
with respect to the remaining bills, except the Court
judgment item, the parties agree that these bills are
considered uncollectable and are not provided for in this
agreement. The parties further agree that the Court
jUdgment item of Robert Hughes vs. Teresa and Donald
Blosser will be resolved jointly through counsel. If
this matter ultimately results in a judgment, which is
not currently the case, the parties will assume
responsibility for payment on this judgment allocated 2/3
to Donald Blosser, Jr. and 1/3 to Teresa Blosser
2. The payment on the above bills is to be made by each
party within six (6) months of today's date or within two
weeks of the first distribution from the Donald Blosser,
Sr., trust, whichever occurs later. It is further
provided that if either party makes any interim payments
on the other party's obligations under this agreement,
that party will be reimbursed for those advance payments.
3. The parties agree that the order of Court of the
Honorable Kevin A. Hess, entered in this matter on July
14, 1995, may be vacated but in its stead, an order
of Court will provide that upon the first distribution
from the trust of Donald Blosser, Sr., after payment of
any support jUdgment, the obligations of Donald Blosser,
Jr., provided for within this agreement shall be paid
directly by the trustee.
4. The parties each have or have had within their possession
various items of marital property. Each party is and
shall be entitled to retain possession and full ownership
of any such property in his or her possession.
5. In her complaint, wife presented a request for counsel
fees and expenses as well as alimony and alimony pendente
lite. Wife hereby waives her request for these
various items.
6. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each
party hereby waives and relinquishes any and all rights
he or she may now have or hereafter acquire under the
present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of
the marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such
interests, rights, and claims.
MR. MILKES: Teresa Blosser, you've been present
during the dictating of the agreement that just took place?
MS. BLOSSER: Yes.
MR. MILKES: And does that, in fact, represent the
agreement that you've said you were willing to enter into for
resolution of this divorce?
MS. BLOSSER: Yes.
MR. MILKES: And you have also signed an affidavit
of consent?
MS. BLOSSER: Yes.
MR. MILKES: Is there anything that you're aware of
that was not contained within that agreement?
MS. BLOSSER: No.
MR. MILKES: So you're prepared to sign that
agreement once it is reduced to writing?
MS. BLOSSER: Yes.
MR. SCHERER: Donald Blosser, Jr., you've been
present and listened to the agreement that was dictated by Mr.
Milkes?
MR. BLOSSER: Yeap.
MR. SCHERER: Are there any issues which have not
been covered by the agreement which you believe should be
covered?
MR. BLOSSER:
MR. SCHERER:
that agreement?
Nope.
Do you want to voluntarily enter into
'.
TERESA E. BLOSSER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff, I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 95-1681 CIVIL
I
DONALD L. BLOSSER, JR., I IN DIVORCE
Defendant I
AND NOW, this
ORDER
RULE TO SHOW CAUSE
-j,
1/1) day of July, 1995, upon presentation and
consideration of the Plaintiff's Petition for Special Relief, a
Rule is issued upon the Defendant to show cause why the relief
requested should not be granted. This Rule is returnable .,at,,)a, /
,7 .)'("1:-/1 .
IIU;' ...' " " <'Il' .r/ '/
Hearing to be held on the /1 day of "~" f,',(' , 1995. Pending
7 1,1
said Hearing, Farmers Trust Company and James Hughes, Esquire are
directed not to disperse any funds to Donald Blosser, Jr. out of
the Estate or Trust of Donald Blosser, Sr., with the exception of
funds to be paid directly to Plaintiff on support arrearages. In
addition to service upon the Defendant, the Trustee and Executor
are to be served with a copy of this Order.
By the Courtl
4d-.
TERESA E. BLOSSER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 95-1681 CIVIL
:
DONALD L. BLOSSER, JR., : IN DIVORCE
Defendant :
PETITION FOR SPECIAL RELIEF
COMES NOW, the Petitioner in the above referenced action, the
Plaintiff herein, Teresa Blosser, by her attorney, Samuel W.
Milkes, Jacobsen , Milkes, and requests of this Honorable Court
that it enter an Order, directing the Trustee and Executor of the
Estate of Donald Blosser, Sr. not to release any funds to the
Defendant, Donald Blosser, Jr., out of the Estate or Trust
established by the decedsnt, Donald Blosser, Sr, with the exception
of release of funds for support arrearages, until further Order of
Court based upon the following:
1. On March 31, 1995, the Plaintiff filed a Divorce Complaint in
this matter, alleging that the parties had lived separate and
apart since March 1993.
2. A Motion for Appointment of Master has been granted in this
action and Master's Hearing has been set for September 18,
1995.
3. The primary issues to be resolved in the Divorce Action
involve the distribution of marital debts of the parties,
which include at a minimum, the following:
Graham Medical Clinic
ICC Collection
York Credit Bureau
Dauphin Deposit Bank , Trust
PPNL
Court Judgement by Robert Hughe
Total
"
$ 44.00
$ 530.00
$ 698.00
$ 759.00
$ 951.00
$3,800.00
$6,782.00
4. In addition to distribution of debts, the Petitioner has
requested that the Court order the Respondent to pay alimony,
counsel fees, and expenses in this action.
5. There are three minor children of the parties who have been
placed in the sole custody of the Petitioner, Teresa Blosser.
The Petitioner is of very limited means, having an income
approximately $200.00 per week.
6. The Respondent is of very limited means. He testified at the
support hearing that he has no current source of income.
7. Despite the existence of a Support Order against the
Respondent, on behalf of the Petitioner, in the amount of
$165.00 per week, the Respondent has made no payments on this
Order for the past year, with the exception of a single lump
sum amount paid by the Trust established by his deceased
father, not the Respondent directly.
8. Hr. Blosser testified at the Support Contempt Hearing held on
June 29, 1995, that he expects a sizable distribution from the
estate or trust of his father during this month.
9. The Respondent could not be located for approximately the last
year until his recent apprehension on a Support Bench Warrant
and other matters, resulting in Court appearances.
10. At the Support Contempt Hearing, the Respondent reported that
for the paut months he had been living in Virginia with no
address.
11. Petitioner does not claim entitlement to the inheritance of
the Respondent but claims that this resource represents the
only resource available to the Respondent with which to pay
the legitimate equitable distribution of marital debts and
with which to pay other forms of relief requested in the
divorce action.
WHEREFORE, for the above reasons, it is averred, and therefore
believed that if funds were released directly to the Respondent,
the Respondent would likely dissipate these funds in a manner which
would render them unavailable as a source of income with which to
participate in distribution of marital debts. The Petitioner
therefore requests of this Honorable Court that the Trustee and
Executor of the Estate of Donald Blosser, Sr., Farmers Trust
Company and James Hughes, Esquire, be directed not to disperse any
TERESA E. BLOSSER, : IN THE OOURT OF COMMON PLEAS OF
Plaintiff ClJMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. NO. 95-1681 CIVIL TERM
.
.
DONALD L. BLOSSER, JR. .
.
Defendant . IN DIVORCE AND CUSTODY
.
ClJS1'(J)l{ CXU::ILIATI~ IlOlMARY REPCR'.l'
IN ACXDlDANCE WI'l'II CDIIlIlRLAND CXXIn'r RULE CR CIVIL fR1I.... -IRE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the
subject of this litigation is as follows:
NAME
CURRENTLY IN CUSTODY OF
BIRTHDATE
Sheila Marie Blosser
Nina Renee Blosser
Dana Lynell Blosser
March 16, 1985
September 5, 1986
November 10, 1988
Plaintiff/Mother
Plaintiff/Mother
Plaintiff/Mother
2. A Conciliation Conference was held on May 18, 1995 with the following
individuals present:
The Mother, Teresa E. Blosser, and her counsel, Samuel W. Milkes,
Esquire.
The Mother's counsel advised the Conciliator that he attempted to
notify the Father, Donald L. Blosser, Jr., of the Conciliation
Conference both by mail and by contacting the Father's Mother at the
Father's last known address. The Father's Mother did not know the
Father's whereabouts. Mr. Milkes also noted that there are
outstanding bench warrants on Mr. Blosser both for support atrearagea
and a DUI charge and Mr. Blosser has not been located for those
purposes either.
3. The Mother stated that the Father has not attempted to make any
contact with her or the Children since Christmas 1994. The Mother requested
that she be granted legal and primary physical custody of the Children and
stated that she would agree to periods of partial physical custody for the
Father if he should seek contact with the Children.
4. Based upon the representations of the Mother and the unsuccessful
efforts by counsel to locate the Father, the Conciliator recommends an Order
in the form,as attached.
, " .
_..-....... ..'
Dawn S. Sunday, Esquire
Custody Conciliator
DATE
TERESA E. BLOSSER,
Plaintiff
IN THE OOURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-1681
CIVIL TERM
DONALD L. BLOSSER, JR.
Defendant
IN DIVORCE AND CUSTODY
alS'lmY CXH::ILIATI~ SlIIMARY REl'(Rl'
IN N:XDWANCB WI'l'II aJU!I!RLAND cxumt RIlLE CF CML PR).....JlB
1915.3-8, the undersigned custody Conciliator submits the following report:
1. 'I11e pertinent information pertaining to the Children who are the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN CUS'roDY OF
Sheila Marie Blosser
Nina Renee Blosser
Dana Lynell Blosser
March 16, 1985
September 5, 1986
November 10, 1988
plaintiff/Mother
Plaintiff/Mother
plaintiff/Mother
2. A Conciliation Conference was held on May 18, 1995 with the following
individuals present:
The Mother, Teresa E. Blosser, and her counsel, Samuel W. Milkes,
Esquire.
The Mother's counsel advised the Conciliator that he attempted to
notify the Father, Donald L. Blosser, Jr., of the Conciliation
Conference both by nail and by contacting the Father's Mother at the
Father's last known address. The Father's Mother did not know the
Father's whereabouts. Mr. Milkes also noted that there are
outstanding bench warrants on Mr. Blosser both for support arrearages
and a DUI charge and Mr. Blosser has not been located for those
purposes either.
3. 'I11e Mother stated that the Father has not attempted to make any
contact with her or the Children since Christnas 1994. The Mother requested
that she be granted legal and primary physical custody of the Children and
stated that she would agree to periods of partial physical custody for the
Father if he should seek contact with the children.
4. Based upon the representations of the Mother and the unsuccessful
efforts by counsel to locate the Father, the Conciliator recommends an Order
in the form as attached.
DATE
/ flcu--I d 3
CJ '
I? 7 )-
((~~t "-~J~,,dCtt'
Dawn S. sunday, Esquide
Custody Conciliator
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IN 'DI! cxxm or CDIQ PLEAS or
aIlB!RLAND aumr, PHSYLVAHIA
t<<). 95-1681 CIVIL '1'IRM
IN DIVCIQ AND a18'1alr
TIRISA B. BrlWI!R,
Plaintiff
va.
DCIfALD L. ~I!R, JR.
, Defendant
~ ,CDiCILIA'1'ICJtI SlIW..RY
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~IUiam ~. ""lIlIbulI
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50 W"t NI'" 5,reel
,NeehlnlabulI, PA 17005
'l}~~ '$/311If~' ','
IP
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TERESA E. BLOSSER,
plaintiff
flle~ "
OF 'll.If: FI101l.IQt,'OTN\,
q1 SEP \ 1 PH 3: \ G
CUMB\:RV;\l') COUNTY
PENI.jS'l~INI\P-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
DONALD L. BLOSSER, JR.,
Defendant
---------------------------
PETITION FOR LEAVE TO
WITHDRAW AS COUNSEL
NO. 95-1661 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
I.AWOmcr.."t
O'BRIEN. lW\Ie If SClIERER
17 Wf..')f !\Qlml ~nU'.r.r
CNII,15\.r.. t'rJ'1N5Y\.VN'tIA 17()1~
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TERESA E. BLOSSER, IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V. I NO. 95-1661 CIVIL
.
.
DONALD L. BLOSSER, JR., I IN DIVORCE
Defendant I
LISTING or MARITAL DEBTS
The primary iesues to be resolved in the Divorce Action involve the
distribution of marital debts of the parties, which include at a
minimum, the following I
Graham Medical Clinic $ 44.00
ICC Collections (utility bills) $ 530.00
York Credit Bureau (Met. Ed. bill) $ 696.00
Dauphin Deposit Bank & Trust $ 759.00
PP&L $ 951.00
Court Judgement by Robert Hughe
Cellular Telephone
Carlisle Hospital
$3,600.00
$582.00
Carlisle Women's Care, PC
$410.00
$618.00
$4,000.00
$12,392.00
Polyclinic Hospital
Total
In addition to distribution of debts, the Petitioner has requested
that the Court order the Respondent to pay alimony, counsel fees,
and expenses in this action.
(i5(;;:d C()-
R..pactfU~
BYI Samuel W. Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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TERESA E. BLOSSER,
Plaintiff
I, '.,
v.
DONALD L. BLOSSER, JR.
Defendant
ETITION TO MAKE RULE ABSOLUT
NO. 95-1661 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
I.AW nmrr..'
O'BRIEN. lWUe Ir SCfff.RER
17 \\T..';r 501m. ."illu:r:r
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TERESA E. BLOSSER, . IN THE COURT OF COMMON PLEAS
.
P1aintUr . CUMBERLAND COUN'IY, PENNSYLVANIA
.
. CIVIL ACTION. LAW
.
v. .
.
. NO. 1681 CIVIL 1895
.
DONALD L. BLOSSER, JB. .
.
Defendant . IN DIVORCE
.
ORDER OF COURT. ENTERING
JUDGMENT AG~INST THE DEFENDANT
AND NOW, this _ day of
, 1998, upon presentation
and consideration of the Plaintiff's Motion for Entry of Judgment, and upon failure
of the Defendant to respond to the Rule entered in this CllBe on July 16, 1997,
returnable in twenty days, the Rule is made absolute, and Judgment is entered
against the Defendant in the amount of $2,569,00.
BY THE COURT:
J,
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IN TilE COUR'r 01' CmV-PN P!.I'J\S OF CUMllI"UJ\ND COUNI'Y, pl'l'lNSYINMUA
CIVIL DIVISION
PRAOCIPE mR \illl'l' OF f,;)(ECU'I'ION
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Confessed Judgment
(yl Other,; :S-L.\)I"P ;-:.\-
fLle No. qS-- t~<'b\
Atroun t ().Je ~S-(-/(.. 0 0
fnterest '~~t:) t." '~\'I \ ") I ,'qct,
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Atty's Coom
Caption:
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\2:.. ~\I::.,r__~I' \,
\I'-c. k ",\
vs.
Costs
TO 'lllE PRCmiOtCl'ARY OF' THE SAID COUR'I',
The undersigned hereby certifies that the belaw does not arise out of d retdil
installnent sale, contract, or account based on a confession of judgrent, but if it does,
it is based on the appropriate or,; ginal proceeding filed pursudllt to Act 7 of 1966 dS
llI11!IlCIed: and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above rratter to the Sheriff of C If'"-''--\"\ Q~~
County, for debt, interest and costs upon the following de!{cribed propeni'of the
defendant!s) p\~c,'-.(- ")Clft'l.......\;-, \~f" <-"> '\-c:..~ c:.'\'~ ~';t ~" ~,(',~ \~
~'b~.~...'Ic:.r.1 -\7-> ,"".... ..-.K-'r~~ "~\.\{ .l.......K~o~<:.{'\ ~l'~"~~'\ ~n\"<..l~\
0"\ ( r:~\-"r\.U' '-I.' Q <C::" ~, ~-' t'l."<:. ~(~ 'Ir,:..> '\:r;.e,\'},. ~J<C";-~'-'I. ~(" ~
\"l\..'.::;'tcs, Q\'\ ~,"c~)(~~~\""~':> \\...,\-~'-:.-'2~'7" C'.\'~ \-~I {'<"'>\1L'~\ c<..:.. (l?'~\'-l~\
PRAEX:IPE FOR ATI'JV..lt1ENl' EXF.X:UrIOO --""./~'\- '>
Issue writ of attachrrent to the Shenff of C~~'" ~,- r\c::-,~ County. for debt,
interest and costs, as above, directing attac:htrent agaJ.nst the above-nmed garnishee(s) for
the following property (if real estate, supply six copJ.es of the description: su ply four
CXlpies of lengthy personalty list I ~t'~ Au ~.. \-::',., Cl.,-':\ ' "'. .
'~_'s;t Ccc> c./\-\"" Br-.-r',)",\ ""1',,-(,,:\ (",
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dlld all other property of the defendant( s I in the possession, custody or control of the
said garnishee(s).
(Indicate) Index tlus writ ag,Hr1'Jt the garrushee(sl as a lis pendens against
real estate of the defendant(sl described in the dttached exhibit.
SlCj11dture: ~~~
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Notes I If redl prop<lrty. supply nix CO(lll}!j of dnncription including iJrproverrents and an
original and copy of aaidavLt of ClWllurnhip (PaR.C.P. No. 3129).
If lengthy personalty lint. nupply four copios of list.
To index writ, file separatu praecipe with writ.
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JACOBSEN & MILKES
52 East /Iigh Strcct
Curlislc. PA 17(1)-)085
SUl1lllcl W, Milkcs
Andrcu C, Jucuhscn
Tel 717-249-6427
Fux 717-249-8427
January 13, 1996
The Honorable Edgar Bayley
Cumberland County Courthouse
Courthouse Square
Carlisle, PA 17013
ReI Blosser v. Blosser, No. 95-1681
Dsar Judge BayleYI
You may recall that on behalf of the Plaintiff in the above
divorce action, I filed a Motion for entry of a judgment against
the Defendant, due to his failure to abide by the terms of the
marital settlement agreement, which the parties signed at the
office of the Divorce Master.
My records did not reflect that an Answsr had been filed in
reeponse to my Motion. I apologize for having suggested there was
no Answer filed. Indeed, an Answer to my July 15, 1997 Motion was
filed on August 11. Shortly after this, counsel for Mr. Blosser
began the process of petitioning to withdraw as his counsel, which
was ultimately granted. It may be that some documents were not
exchanged during this transitional period.
In reviewing the Answer, it appears that Mr. Blosser's primary
defense for not having paid the amounts due is that he is not
financially able to do so. This is not a defense under the
agreement. In fact, our primary motivation for reducing the
obligation to a judgment is that Mr. Blosser is a beneficiary of a
trust established by his deceased father and periodic distributions
are made which would allow such a judgment to be satisfied. To our
understanding, a distribution is scheduled for January 26, 1998 and
then none are scheduled for some time thereafter.
Accordingly, we ask that the Rule be made absolute, bassd upon
the pleadings, and that a Judgment be entered against Mr. Blosser.
Alternatively, we ask that a hearing be scheduled in this matter.
If the hearing cannot be scheduled until after January 26, we
request that the Trustee, Farmers Trust Company, be directed not to
distribute to Mr. Blosser until after this matter can be heard. I
am attaching proposed Orders which would effectuate these options.
Thank you for your consideration of these requests.
eel Donald Blosser, Jr., w/encl.
Milkes
JACOBSEN & MILKES
52 Eust High Street
Curlisle, PA 17013-3085
Tel 717.249.6427
FUA 717.249.8427
Sumuel W, Milkes
Andren C, Jucobsen
January 13, 1996
The Honorable Edgar Bayley
Cumberland County Courthouse
Courthouse Square
Carlisle, PA 17013
Rei Blosser v. Blosser, No. 95-1661
Dear Judgs BayleYI
You may recall that on behalf of the Plaintiff in the above
divorce action, I filed a Motion for entry of a judgment against
the Defendant, due to his failure to abide by the terms of the
marital ssttlement agreement, which the parties signed at the
office of the Divorce Master.
My records did not reflect that an Answer had been filed in
response to my Motion. I apologize for having suggested there was
no Answer filed. Indeed, an Answer to my July 15, 1997 Motion was
filsd on August 11. Shortly after this, counsel for Mr. Blosser
began the process of petitioning to withdraw as his counsel, which
was ultimately granted. It may be that some documents were not
exchanged during this transitional period.
In reviewing the Answer, it appears that Mr. Blosser's primary
defense for not having paid the amounts due is that he is not
financially able to do so. This is not a defense under the
agreement. In fact, our primary motivation for reducing the
obligation to a judgment is that Mr. Blosser is a beneficiary of a
trust established by his deceased father and periodic distributions
are made which would allow such a judgment to be satisfied. To our
understanding, a distribution is scheduled for January 26, 1998 and
then none are scheduled for some time thereafter.
Accordingly, we ask that the Rule be made absolute, based upon
the pleadings, and that a Judgment be entered against Mr. Blosser.
Alternatively, we ask that a hearing be scheduled in this matter.
If the hearing cannot be scheduled until after January 26, we
request that the Trustee, Farmers Trust Company, be directed not to
distribute to Mr. Blosser until after this matter can be heard. I
am attaching proposed Orders which would effectuate these options.
Thank you for your consideration of these requests.
cc: Donald Blosser, Jr., w/encl.
il.
JACOBSEN & MILKES
52 East High Street
Carlisle. PA 17013-3085
Samuel W. Milkes
Andrea C, Jacobsen
Tel 717-249-6427
Fax 717-249-8427
January 13, 1998
The Honorable Edgar Bayley
Cumberland County Courthouse
Courthouse Square
Carlisle, PA 17013
Rei Blosser v. Blosser, No. 95-1681
Dear Judge Bayley I
You may recall that on behalf of the Plaintiff in the above
divorce action, I filed a Motion for entry of a jUdgment against
the Defendant, due to his failure to abide by the terms of the
marital settlement agreement, which the parties signed at the
office of the Divorce Master.
My records did not reflect that an Answer had been filed in
response to my Motion. I apologize for having suggested there was
no Answer filed. Indeed, an Answer to my July 15, 1997 Motion was
filed on August 11. Shortly after this, counsel for Mr. Blosser
began the process of petitioning to withdraw as his counsel, which
was ultimately granted. It may be that some documents were not
exchanged during this transitional period.
In reviewing the Answer, it appears that Mr. Blosser's primary
defense for not having paid the amounts due is that he is not
financially able to do so. This is not a defense under the
agreement. In fact, our primary motivation for reducing the
obligation to a judgment is that Mr. Blosser is a beneficiary of a
trust established by his deceased father and periodic distributions
are made which would allow such a judgment to be satisfied. To our
understanding, a distribution is scheduled for January 26, 1998 and
then none are scheduled for some time thereafter.
Accordingly, we ask that the Rule be made absolute, based upon
the pleadings, and that a Judgment be entered against Mr. Blosser.
Alternatively, we ask that a hearing be scheduled in this matter.
If the hearing cannot be scheduled until after January 26, we
request that the Trustee, Farmers Trust Company, be directed not to
distribute to Mr. Blosser until after this matter can be heard. I
am attaching proposed Orders which would effectuate these options.
Thank you for your consideration of these requests.
Very truly yours,
~~~~/
~~~es
cc: Donald Blosser, Jr., w/encl.
'J'II!1IRfI~ E. BLOSSER, . IN THE COURT OF COMMON pLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. CIVIL ACTION - LAW
.
v. .
.
: NO. 1881 CIVIL 1881
DONALD L. BLOSSER, .JIL .
.
DefeDdaDt . IN DIVORCE
.
~R~~~ O~ CO~TFS:~G~~EARING ON PLIDi'l'lFF'S
~O Q R NTR 0 JUDG T AGAINST THE DEFENDANT
AND NOW, this _ day of
. 1998, upon presentation
and consideration of the Plainti1Ts Motion for Entry of Judgment, and upon
consideration of the Defendant's response to the Rule entered in this case, a
hearing is scheduled for the _day of
, 1998, for
consideration of this Motion. It is further directed that Farmers Trust Company
not make any trust distributions to the Defendant, from the Trust of Donald
Blosser, Sr" until further Order of Court,
BY THE COURT:
J.
.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO,95-1661 CIVIL QTerm
CIVIL ACTION. LAW
TO THE SHERIFF OF
CUnberland
COUNTY:
To satlsty 'he debt, Inlerest and cosls due Teresa E. Blosser
PLAINTIFF(S)
lrom Donald [" Blosser, ,Jr.~ ,Jean Blosser. 140 Ta"oer Circle, Carlisle, PA 17013
DEFENDANT(S)
(1) You are directed 10 levy upon the property ot the delendant(s) and to sell
(2) You are also dlrecled to attach Ihe properly of Ihe defendanl(s) nollevied upon In the possession ot
flegse qarnish the estate and trust of Donald Blosser. Sr., to the extent any distributions,
interest, principal, or otherwise are to be made to Donald Blosser, Jr., Trustee and Executors:
Janes Hughes, Esq. and Fanners '!'Urst Co. (Financial Trust).
*** Attach any and all accounts held by Donald Blosser, Jr., at GARNISHEE(S) I 110 '
re.l..~lll Trulll e:r.-tP.inlll1cial-'I'rust-) as 0 WS,
Janes Hughes, Esq. 60 W. Pomfret st., Carlisle, PA 17013: Farmers Trust Co. (Financial Trust)
One We~t High street, Carlisle, PA 17013
and to notny the garnishee(s) 'hat: (a) an attachment has been Issued; (b) the garnlshee(s) Is/are enjoined trom paying any
debt to or tor 'he accounl ot the defendant(s) and from delivering any property of ths defendant(s) or otherwlss disposing
thereot;
(3) II property of the delendanl(s) no' levied upon an subjecllo atfachment Is found In Ihe possession of anyoneo.her
thana named garnishee, you are dlrecledto nolily hlm/herthal he/she has been added as agarnlshee and Is enjoined as above
stated,
Amount Due $2,569.00 L.L. $.50
Interesf fran July 15, 1997 Due Prolhy $1.00
Atty's Comm ., Olher Costs
,.
AtfyPald ~.50
Plalnllff Paid
Dafe: January 23, 199B
Prol onotor Ion
by: ~~~'- ~1. \'YIC.JhV\ (i(v\ ,~
' ep tv
REQUESTING PARTY:
Name
S~l1uel W. Milkes, E.!3!l!..____,___
52 East lIi9h street
Address:
-.Cilrlisle. PA 17011
Atforney for: -Pl<linUfL-
Telephone: 717-249-6427
Supreme Court 10 No, _,}O,tlQ"..__
... Pursuant to Praecipe to Amend Writ of
Execution
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