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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF ~~~! PENNA,
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DEBORAH }\, VANASDLEN,
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Term
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Plaintiff
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GLENN G. VANASDLEN, JR.,
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Defendant
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DECREE IN
DIVORCE
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AND NOW, ...... .4iJ.t:~C0... / 1.~.. 19. 7.) ~. it is ordered and
decreed that ........... DEBORAH. A . . VANASDLEN. . , , , . . . . . . . . '. plaintiff,
and. . . . . . . . . . . . . . . . , . . GLENN. .G. . VANASDLEN,. .JR, . . . . . . . . . " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
. :r.h~. p.a.r~i~.s. '. . Marriage Set tlement Agreement .of Apri 1 .2.1.!. .1995,
.1.5 . inc.Qrpor.ated. .here.in, as .an, Qrder.of. .court,... . , '
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made thiB "2 \ ~ day of A9r- ~ <...
1995, by and between GLENN G. VANASDLEN, JR., hereinafter called
Husband, and DEBORAH A. VANASDLEN, hereinafter called Wife;
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on
March 2, 1973 in Cumberland county, PennBylvania; and
WHEREAS, differenceB have arisen between Husband and Wife in
conBequence of which they have determined to live separate and
apart from each other and have consented to a mutual consent
divorce; and
WHEREAS, HUBband and Wife desire to settle and determine
their rightB and obligations, inclUding the Bettling of their
property rights and other rights and obligations growing out of
their marriage in accordance with the proviBionB of the Divorce
Code of pennsylvania.
NOW, THEREFORE, the parties, intending to be legally bound
II hereby, agree aB folloWB:
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1.
Separation.
It Bhall be lawful for each party at all
timeB hereafter to live separate and apart from the other at Buch
place as he or she may from time to time chooBe or deem fit.
The foregoing proviBion shall not be taken aB admisBion on the
part of either party of the lawfulness or unlawfulness of the
caUBeB leading to them living apart. Each party shall be free
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from interference, authority and control, direct or indirect, by
the other as fully as if he or she were single and unmarried.
Neither shall moleBt the other or compel or endeavor to compel
the other to cohabit or dwell with him or her.
2. DiviBion of Property. The parties have divided between
them to their mutual satiBfaction the perBonal effectB, tools.
equipment, household furniture and furnishingB, and other
articleB of personal property which have heretofore been uBed by
them, individually or in common, and neither will make any claim
to any such items which are now in possesBion or control of the
other, except as otherwise Bet forth herein. Husband shall take
pOBsesBion of the hiB tools, 1981 Suzuki Motorcycle, and 1993
International flatbed trailer. located at R.D.#2, Box 103G,
Newville, PA., within sixty (60) daYB of the Bigning of thiB
Agreement.
The partieB will keep the respective automobiles in their
posBeBBion as their sole property. Wife will retain the 1990
Chevrolet Baretta and HUBband will take the 1991 Chevrolet
Extended-Cab pickup Bubject to the loan against that with
Carolina Federal credit Union. Husband agreeB that he will make
arrangements to have wife'B name removed from the loan account
and that he will be solely reBponBible for the repayment of thiB
account and indemnify and hold wife harmleBs on the same. Wife
agreeB that, upon Husband arranging to have her removed from the
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account, she will agree to Bign the title to the automobile to
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have it tranBferred into Husband'B name alone.
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Husband has a 401K penBion plan through his employment with
a balance of $29,136.73 aB of 12/31/94. The parties acknowledge
that there iB a loan against this account with a balance owing or
$12,233.73. HUBband shall retain, as hiB sole ownership, the
401K plan, sUbject to repayment of the loan and he agreeB to
indemnify and hold Wife harmless on thiB loan.
Wife shall have any balanceB exiBting in the checking and
savingB accountB aB of the Bigning of this Agreement, The
parties agree that they will maintain a joint checking account
and that HUBband will Bend Bufficient funds to pay all billB
heretofore aBBociated with the marital home until the marital
home is Bold. ThiB shall include, but not be limited to the two
mortgages, utilitieB, taxeB, inBurance, et cetera.
There is a Teamsters Mastercard with an approximate balance
of $5,000.00 owed. HUBband agrees that he will assume and be
solely responBible for the repayment of this obligation, Wife
haB an ATT Mastercard with approximately $2,300.00 owing. Wife
agreeB that she will assume and be Bolely responsible for the
repayment of this obligation. The parties have a Penney charge
account with a $0.00 balance. HUBband agrees that he will
cooperate and Bign off and tranBfer the card into Wife'B name
alone. The SearB charge card, with a balance of $110.00, will be
Wife'B responBibility.
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The partieB own a simplicity lawn tractor and they agree
that thiB will be sold when the home is Bold with the net
proceeds split between the parties.
The parties own real estate compriBing two buildings, aB
well aB the land upon which the marital residence is situated,
The parties have a pending contract to Bell the marital residence
and lot for $152,900.00. The partieB agree that, purBuant to the
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completion of that contract, or subBequent contract, after all
COBtB associated with the sale und mortgageB againBt the property
have been paid, Wife will receive $40,000.00 anj Husband will
receive any remaining balance. The partieB own two building lOtB
adjacent to their residence. Husband agrees that he will
continue to pay the mortgage against the lots amounting to
approximately $16,000.00 and owing to Farmers National Bank of
Newville. The partieB will continue to keep the lots on the
market and the firBt lot sold will be uBed to payoff the
mortgage and satiBfy other attendant COBtS on the sale, including
an amount sufficient to pay the capital gain liability, Any
remaining balance from the sale of the first lot Bhall be placed
in a truBt account for the benefit of the partieB' children. The
Becond lot will become the sole and Beparate property of Wife and
will be conveyed to her at the time of Bettlement of the first
lot. Wife agrees that she will give the sum of $5,000,00, in
trust, for the partieB' son, Glenn, and another $5,000,00, in
trust, for Joel when he attains the age of 21 years, Tho trusts
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Bhall be establiBhed at a local investment or commercial bank and
Bhall provide that the principal and income Bhall be given to the
boys only for the purchaBe of their reBidence or a reBidential
lot, The initial payment of Glenn'B $5,000.00 Bhall be made when
the parties' reBidence iB Bold.
The parties have two life insurance policies with $25,000.00
on the life of Wife and $50,000.00 on the life of Husband. Each
party will retain the policy on their life aB their separate
property and each would be responsible to maintain the policy in
full force and effect. Until Joel attainB the age of 21 yearB,
each party will name the other aB beneficiary under the policy so
aB to inBure an adequate Bum of money to the cUBtodial parent in
the event of the death of one of the partieB. When Joel attains
the age of 21 yearB, the parties will irrevocably name the
children as beneficiarieB under their reBpective policies
3, HUBband's Teamsters Retirement Account: HUBband has a
retirement account through his employment with the Teamsters
Union, The mOBt recent account statement from May of 1993
indicated that there was approximately $47,000.00 in hiB account,
Husband eBtimateB that the balance at the present time iB
approximately $60,000.00. The parties agree that thiB account,
aB well as any future additions to thiB account subsequent to
this Agreement and the parties' divorce, Bhall be held for the
joint benefit of the parties. In addition, any income earned by
the account from current investments, aB well aB all future
investments, shall be held jointly for the benefit of both
parties, Upon the earlier of the Husband's retirement or Wife's
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making a deciBion to withdraw her one-half Bhare of the account
pursuant to IRS guidelineB, the account will be divided, The
partieB agree that the Court of Common Pleas of cumberland
county, Pennsylvania Bhall have and retain continuing
juriBdiction over the diviBion of this account and that Qualified
DomeBtic Orders in reference to the division of the account shall
be made now or hereafter aB required to meet the intent of the
partieB. It iB Bpecifically underBtood that the current balance
in the account, as well aB any and all future additions due to
contributionB from whatever source, aB well aB all income and
earningB on the current or future account balanceB, are equally
owned by the partieB.
4. Child Custodv, Support and Alimonv. Wife shall have
primary physical and legal cUBtody of the parties' minor child,
Joel, Husband shall have periods of partial phYBical cUBtody of
Joel which timeB Bhall depend on his work scheduling. Wife
agrees that Bhe will accommodate all reaBonable requeBts and
Husband acknowl~dgeB that he will provide Wife with at leaBt 24-
hours notice of any time of partial physical custody.
Husband agrees that he will pay the sum of $1,225.00 monthly
for a period of 36 months commencing the month after the marital
residence iB Bold.
The parties recognize that there are certain
tax advantageB and conBequences aB to how this money is allocated
and they agree that they will cooperate with one another BO as to
fashion an Order of Court which will result in the greatest tax
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liabilities. Accordingly, the parties agree that the alimony
shall be establiBhed at $900.00 per month and that the child
Bupport shall be $325.00 per month.
5. Debts. Except for the debtB and obligations created
hereunder, each party agrees to pay and hereby agrees to hold the
other harmleBs from any and all perBonal debts and obligationB
incurred by him or her subBequent to the date of Beparation which
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I occurred in 1995. If any claim, action or proceeding is
hereafter brought seeking to hold the other party liable on
account of such debtB or obligations, each party will at his or
her sole expense defend the other party againBt any such claim,
action or proceedings, whether or not well-founded, and indemnify
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the other party againBt any lOBS or liability reBulting
therefrom.
6. Eauitable Prooertv. ThiB agreement constituteB an
equitable diviBion of the partieB' marital property. The partieB
have determined that the division of thiB property conforms with
I regard to the rights of each party. The division of existing
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II marital property is not intended by the parties to constitute in
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any way a sale or exchange of assets, and the division is being
effectuated without the introduction of outBide funds or other
property not constituting the matrimonial eBtate.
" Each party hereby acknowledges that thiB agreement
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adequately provides for his or her needs and iB in hiB or her
best interest, and that the agreement is not the reBult of any
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fraud or undue influence exercised by either party upon the other
or by any other person or persons upon either party. Both
parties hereby waive the following procedural rights:
A. The right to obtain an inventory and appraisement
of all marital and separate property aB defined by the
Pennsylvania Divorce Code,
B. The right to obtain an income and expenBe
statement of the other party as provided by the PennBylvania
Divorce Code.
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C. The right to have the court determine which
property is marital and which in non-marital, and equitably
diBtributable between the parties that property which the court
determines to be marital,
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D. The right to have the court decide any other
rights, remedieB. privileges, or obligationB covered by thiB
agreement, including but not limited to possible claimB for
divorce, Bpousal support, alimony, alimony pendente lite
(temporary alimony), and counsel fees, cOBtB and expenBeB.
7, Mutual Release. HUBband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquiBhes
inchoate intestate right in the estate of HUBband, and each of
the partieB hereto by theBe preBentB, for himself or herBelf, his
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or her heirs, executorB, administratorB or assignB, does remiBe,
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release, quit-claim and forever discharge the other party hereto,
his or her heirs, executorB, administratorB or assigns, or any of
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them, of any and all claimB, demandB, damages, actionB. causes of
action or SUitB at law or in equity, of whatBoever kind or
nature, for or becauBe of any matter or thing done, admitted, or
Buffered to be done by Baid other party prior to and including
the date hereof: further, the parties hereto have been advised by
their legal repreBentatives, respectively, of all their rights
under the pennBylvania Divorce Code, and Buch rights aB are not
Bpecifically incorporated herein are hereby expressly waived.
NotwithBtanding the foregoing language of this paragraph, this
releaBe Bhall in no way exonerate or discharge either party
hereto from the obligations and promises made and imposed by
reaBon of thiB Agreement and Bhall in no way affect any cause of
action in absolute divorce which either party may have againBt
the other.
B. ~~Be of All claims. Each party, except aB otherwise
provided for in thiB Agreement, releases the other from all
claimB, liabilitieB, debtB, obligations, actionB and caUBes of
action of every kind that have been incurred, or may be incurred,
relating to or ariBing from the marriago between the parties,
including waiving any claim to their respective pensions or
retirement accountB. However, neither party is relieved or
diBcharged from any obligations under thiB Agreement or under any
instrument or document executed pursuant to thiB Agreement.
9. Breach, If either party breaches any provision of thiB
Agreement, the other party Bhall have the right, at hiB or her
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Ii election, to sue for damages for such breach, and seek any other
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remedy allowed in law or equity.
The party breaching thiB
contract Bhall be responsible for the payment of legal feeB and
costs incurred by the other in enforcing hiB or her rightB under
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thiB Agreement, or seeking such other remedy or relief as may be
available to him or her,
Waiver by one party of any breach of
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thiB Agreement by the other party shall not be deemed a waiver of
any subsequent, similar breach or other breacheB.
10. Full Disclosure. HUBband and Wife each repreBent and
warrant to the other that he or Bhe has made a full and complete
II diBclosure to the other of all aBsets of any nature whatsoever in
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which Buch party has an intereBt, of the source and amount of the
income of Buch party of every type whatBoever and all other facts
relating to the Bubject matter of this Agreement,
11. Divorce. This Agreement shall not be conBtrued to
affect or bar the right of either Husband or Wife to a true and
abBolute divorce on legal and truthful grounds aB they now exiBt
or may hereafter ariBe. It is understood, however, that Wife, as
of the Bigning of thiB Agreement, has filed an action in divorce
in the Court of Common Pleas of Cumberland county, in which Bhe
alleges that the marriage is irretrievably broken. Both partieB
underBtand and agree that Wife shall purBue Baid divorce on the
grounds that the marriage is irretrievably broken, and that both
parties will execute, deliver and file the necesBary affidavits
and all other petitionB or documents necessary to effectuate the
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I: divorce purBuant to Section 3301 (c) of the Divorce Code on or
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before November 25, 1995,
Husband agreeB that the marriage iB
irretrievably broken.
12. ReoreBentation of Parties bv CounBel. Each party haB
had the opportunity to have legal counBel to represent each of
them in the negotiation and preparation of thiB Agreement and haB
either been so represented or haB voluntarily choBen not to be
represented. Each party has carefully read this Agreement and iB
completely aware, not only of its contents, but also of its legal
effect, Husband agrees that he will reimburBe Wife for all
attorneY'B feeB and filing feeB for the divorce action and
document preparation.
13. Additional Instruments. Each of the partieB Bhall on
demand or within a reasonable period thereafter, execute and
deliver any and all other documentB and do or cause to be done
any other act or thing that may be necessary or deBirable to
effectuate the proviBions and purposes of this Agreement. If
i either party failB on demand to comply with the proviBion, that
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" party Bhall pay to the other all attorneys' feeB, costs and other
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14, Modification and Waiver. MOdification or waiver of any
proviBion of this Agreement shall be effective only if made in
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. The failure of either party to insiBt upon Btrict performance of
writing and executed with the Bame formality as thiB Agreement.
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any of the provisions of thiB Agreement Bhall not be construed aB
a waiver of any subsequent default of the same or similar nature.
15. Descriptive HeadinqB. The deBcriptive headings used
herein are for convenience only. They Bhall have no effect
whatBoever in determining the rights or obligations of the
partieB,
16. SucceBsors and ASBiqns. This Agreement, except aB
otherwiBe expreBsly provided herein, shall be binding upon and
Bhall inure to the benefit of the reBpective legatees, deviseeB,
heirs, executors, administrators, aSBigneeB and successorB in
interest to the partieB.
17. Governinq Law, ThiB Agreement Bhall be governed by and
Bhall be conBtrued in accordance with tho lawB of the
Commonwealth of Pennsylvania.
18. Order of Court. With the approval of any court of
competent juriBdiction in which any divorce proceeding may now be
pending or which may hereafter be instituted, thiB Agreement
Bhall be incorporated in any decree of absolute divorce which may
be paBBed by Baid court, In the event the court shall fail or
decline to incorporate this agreement or any provisions thereof
in said decree, then and in that event the parties, for
themBelveB and their respective heirs, personal representativeB
and aSBigns, agree that they will nevertheless abide by and carry
out all of the provisions thereof.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-2041 CIVIL TERM
DEBORAH A, VANASDLEN
Plaintiff
GLENN G. VANASDLEN, JR.,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (C) of the
Divorce Code was filed on April 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
I 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
,
Ii 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 10 Pa. C,S" Section 4904, relating to
unsworn falsification to authorities.
Date:~(.J'
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DEBORAH A. VANASDLEN
DEBORAH A VANASDLEN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
95-2041 CIVIL TERM
GLENN G. VANASDLEN, JR.,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AEfIDAVIT OF CONSENT
1, A Complaint in Divorce under Section 3301 (c) of the
Divorce Code waB filed on April 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 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 otatements 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:
6' - 25 - 'Is
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GLENN G, VA~ASDLEN, JR,
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Law Of/ices
O'BRIEN, BARIC" SCIlERER
J 7 IIbt SOllth Strcct
Cm/islc, PCII/ls}'II'a/lia J 70 J 3
StC\'C/l J. Fishma/l
O/CoII/lscl
Rubcrt L. O'Bric/l
DaI'ia t/. Baric
,1/iclll/cJ t/, Sdll!rcr
(717) 249.6873
F,H' (717) 249-5755
Deb Vanasdlen
RD 2. Box 103G
Newville PA 17241
July 23, 1995
Invoice 112171
Hours Amount
FOR PROFESSIONAL SERVICES RENDERED
03/24/95 Office conference with client. 0.30 30,00
03/25/95 Telephone conference with Deb and 1. 50 150,00
Glenn,
04/10/95 Review agreement and make 0.90 90,00
revisionB.
04/21/95 Review and sign divorce agreement. 2.20 220,00
06/05/95 Telephone conference with client 0.25 25,00
regarding separation.
Total charges - professional services
5.15
$515,00
ADDITIONAL CHARGES
Airborne Express
prothonotary
Recorder of Deeds
13,50
190.50
12,00
Total costs
$216,00
PlAINTIFF'll
EXHIBIT
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Law O//ices
O'BRIEN, BARIC d SCIIERER
17 West South Street
Carlish'. PelllrsylvUI/ia J70JJ
Steven J. Fishman
0/ Counsel
Robert L. O'Brien
David A. Baric
Michael A. Scherer
(717) 249.687J
FAX (717) 149.5755
Deb Vanasdlen
RD 2, Box 103G
Newville PA 17241
October 22, 1995
Invoice 1/2614
Hours Amount
FOR PROFESSIONAL SERVICES RENDERED
07/25/95 Telephone conference with client. 0.20 20,00
08/01/95 Short Office conference with 0.10 10.00
client.
08/25/95 Office conference with Glen and 0.75 75.00
Debby regarding Joel's.
09/15/95 Office conference with regarding 0.30 30,00
Glenn non-payument of bills.
10/16/95 Telephone conference with client 0,25 25,00
regarding sale of home,
Total charges - pt'ofe:ssional selvices
10/22/95 payment from escrow
1. 60
$160.00
($160,00)
Previous balance of client funds
10/22/95 payment from escrow
=============================================================
$1,057,23
($160.00)
New balance of client funds
$897.23
Balance due
$0,00
==============
LIIW Ollic<'1
O'BRum. BARlC & SClfERf:R
17 11'<'.11 South S,,,',',
Carli.,I<" P"III1.'.!''''lIlIi" 170 I 3
SIt'I','II}, Fi.l/lnlllll
OICtllIIUL'I
Roh<'rl L. O'Br;<'1I
David tl. HllTic
MichaL'1 tl, Scherer
(717)249-0873
F.H (717) 149-5755
Deb Vanasdlen
RD 2, Box 103G
Newville PA 17241
December 27, 1995
Invoice 112824
Hours Amount
FOR PROFESSIONAL SERVICES RENDERED
10/16/95 Telephone conference with client 0.25 25.00
regarding Glenn and home
settlement.
10/31/95 Office conference with client and 1. 00 100.00
modify agreement,
11/09/95 Telephone conference with client 0.10 10.00
regarding Joel and his care during
Glenn's trip.
Total charges - professional services
12/27/95 Payment from escrow
1.35
$135.00
($135.00)
=============================================================
Previous balance of client funds
12/12/95 Retainer Received
12/27/95 payment from escrow
$897,23
$9,00
($135,00)
New balance of client funds
$771,23
Balance due
$0.00
==============
Payment due within 20 days of invoice date.
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DEOOAAH A, Vl\NASDLEN,
Plaintiff
IN WE 0XlRT OF c:x:I>M::N PLEAS OF
aMlERLI\ND CXXJNI"{, PEN-lSYLVANIA
CIVIL ACI'IOO - U\W
NO. 95-2041 CIVIL ~
IN DIVORCE
Vs,
GLENN G, VANl\SD~, JR"
Defendant
l'IS1U'J.(Jf PCR CXIn1iH'T
1) Petitioner is Deborah A. Vanasdlen, the Plaintiff in the above-
captioned action.
2) Resporx:lent is Glenn G. Vanasdlen, Jr., the Deferx:lant in the above-
captioned action,
3) Pursuant to the parties' divorce decree, their Mirriage Settlarent
J\8.e.,"ent was incorporated as an Order of CoJrt, It was m:x:lified on OCtOOer
31, 1995 where alirrony was reduced to fran $900.00 to $700,00 per tn:II1th,
4) '!he Resporxient is in violation of said Order in that he has not
paid and refuses to pay the agreed upon alin'ony to the petitioner. 'Ibe
aliJrony was to ca11TeI1ce the rronth after the marital hare was sold, 'Ibe said
hare was sold NovaIDer 3, 1995, ho,.,1ever the petitioner has not received any
al iJrony ,
5) Husbarrl has repeatedly stated that he doeB not intend to rreet his
ooligations under the Jletee,ent and Order,
6) Petitioner believes that Resp:nlent will not pay the agreed upon
aliJrony because of his statarents,
WHEREFORE, Petitioner respectfully requests:
II) that the Court issue a Rule to ShOi/ Cause upon Respondent
why he shwld not be held in contarpt of the Court' s Order of Septatber 19,
1995;
making a decision to withdraw her one-half share of the account
pursuant to :RS guidelines, the account will be divided. The
parties agree that the Court of Common Pleas of CUmberland
County, Pennsylvania shall have and retain continuing
jurisdiction over the division of this account and that Qualified
Domestic Orde=s in reference to the division of the account shall
be made now cr hereafter as required to meet the intent of the
parties. It is specifically understood that the current balance
in the accoun~, as well as any and all future additions due to
contributions f=om whatever source, as well as all income and
earnings on ~he cur=ent or future account balances, are equally
owned by the parties.
4. Chi:d Custodv. SUccort and Ali~onv. Wife shall have
primary physical and legal custody of the parties' minor child,
Joel. Husband shall have periods of partial physical custody of
Joel which ti~es shall depend on his work scheduling. Wife
agrees that she will acccmmodate all reasonable requests and
Husband acknOWledges that he will provide Wife with at least 24-
hours notice of any time of partial physical custody.
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Husband agrees that he will pay the sum of $1,2:5.00 monthly
for a period of 36 months commencing the month after the marital
residence is sold.
The parties recogniZe that there are certain
tax advantages and consequences as to how this money is allocated
and they agree that they will cooperate with one another so as to
fashion an Order of Court which will result in the greatest tax
6
liabilities, ~ccordingly, t~e parties agree that the alimony
shall be established at $900,00 per ~onth and that t~e child
support shall be $3:5,00 pe~ month,
5, Debts, Except for the debts and obligations created
hereunder, each party agrees to pay and hereby agrees to hold the
other ha~less frc~ any and all personal debts and obligations
incurred by hi~ or her subsequent to the date of separation which
occurred in :995, I: any clai~, action or proceeding is
hereafter br=~ght seeking to hold the other party liable on
account of such debts or obligations, each party will at his or
her sole expe~se de:end the other party against any such claim,
action or pr=ceedings, whether or not well-founded, and indemnify
the other party against any loss or liability resulting
therefrom.
6, Eauitable Pr=cert'l, This agreement constitutes an
equitable di'lision of the parties' marital property. The partieB
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have determined t~at the division of this property conforms with
regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in
any way a sale or exchange of assets, and the division is being
effectuated without the introduction of outside funds or other
property not constituting the matrimonial estate.
Each party hereby acknowledges that this agreement
adequately provides for his or her needs and is in his or her
best interest, and that the agreement is not the result of any
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':'\ IN THE COURT OF COMMON PLEAS I~
~l ,~
~ OF CUMBERLAND COUNTY !~
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: STATE OF 1~~ PENNA,
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DEBORAH A. VANASDLEN,
Nil. 95,,204l Civil Il)
Term
plaintiff
\' t'I'.~Il;-;
GLENN G. VANASDLEN, JR.,
Defendant
DECREE IN
DIVORCE
AND NOW, ...... .47/X~u-:.... /?~" 19.1<:, It is ordered and
decreed that ........,.. DEBORAH. .A. . VANASDLEbI. . . . . . . . . . . . . " plaintiff,
and, . . . . ., . . .., . . . . . ., GLENN. G. . YANASDLEN,. J.R.. . .. .. . . ,., defendant.
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
The parties' Marriage Settlement Agreement of April 21, 1995
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making a decision to withdraw her one-half share of the account
pursuant to IRS guidelines, the account will be divided. The
parties agree that the Court of Common Pleas of Cumberland
county, Pennsylvania shall have and retain continuing
jurisdiction over the division of this account and that Qualified
Domestic Orders in reference to the division of the account shall
be made now or hereafter as required to meet the intent of the
parties. It is specifically understood that the current balance
in the account, as well as any and all future additions due to
contributions from whatever source, as well as all income and
earnings on the current or future account balances, are equally
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owned by the parties,
4. Child Custodv, Support and Alimonv, Wife shall have
primary phYBical and legal custody of the parties' minor child,
Joel. Husband shall have periodB of partial physical custody of
Joel which times shall depend on his work scheduling. Wife
agrees that she will accommodate all reasonable requests and
Husband acknowledges that he will provide Wife with at leaBt 24-
hours notice of any time of partial physical custody.
Husband agrees that he will pay the sum of $1,225.00 monthly
for a period of 36 months commencing the month after the marital
residence is sold,
The parties recognize that there are certain
tax advantages and consequences as to how this money is allocated
and they agree that they will cooperate with one another so aB to
fashion an Order of Court which will result in the greatest tax
6
'AI
23 Pa.C.S.A. ~ 5343
Not. 2
Upon "":lluTallon III pi.lrcnt!., l:mlutl\' 1"
in paren1 wllh pl1\'!'<oU.'ill PU!I\L'!ro!l1ll1l III 11lL'
child, ~'("l priI113r\' IUTll'otlU:l1tlll fm pm-
"()!tC~ of JudICial rC!aulullllll of l'\lswdy
issue' n:rnail1!1 111 11ll' (umI1Hlnll\' child
recngnilCs. D!\ "hllTTle"; hUI Unt'l' tilt.' ini.
1ialli~.t11()nlh Jlcrind hud run. lilt' "homt'
S'DI~" hc(tlnlc!I thl' plan 111 which Iht'
child has. lived with the cU!llUdial parent
beroTt' commencement of Iht.' prm:ccd.
ing. (I'er Mnntcmuru, j" wllh two
Judsc!o conc\lrril1~ 111 lht' resull.) \\'ar.
man \'. Warman, 4)Q A.2d 1203. 2Q4 p;!.,
Super. 285, IQ8".
When..' child had Ii\'ed in I'cnn!l\'h'ania
from birth until eusttldy prucccdi"nl! wa!>
broupht hy father and the child wu!ro rt"
moved b\' her mother 10 New York aller
commencement of pTIlccetlint; hUI be.
fure service or pelillon, Pcnm\'l\'allia
was child'!> "home sHlIe," wilhin the Uni.
form Child Custud\' Jurisdiction Acl, und
courts or Pennsyl\;aI11D had Jurisdiction
CIIILDREN AND MINORS
III dt'll'rnllne (U!Huth'. Cum, ex rei, OClil
\'111110 \, Ilombrnw!lkl. 434 A,2d 774, 2%
}la,Super, 3:!~, IQS\'
3, Inlllal decree
"Inilllll decree," within 23 }lp,C.S.,\
!I 5349 trepealed; !IC'C, nu"', 23 (Ia,C,S.,\.
!I 5:\49), providinl! lhill cumt mny dt,
dim' tu exercise juri!ldlctillll Ir pelHiul\l'1
ror initial decrec has wrnnp-rully takl'll
the: child, can bc millal decrec a!l It,
primary cuslOdy, \'I!\ltallnn, or OCpCIH!
ene\' nnd thc amnunt or custouial ':01
lni appropriate In remedy parcntal III
~Iecl or hmurance. or mOl\' treat sc\'C.:r..:
or the subJecls at once. while D "mndH.
calion dccrec" is an order l11odifyinl! III
replacing a prior decree conl:erning tht.
Identical issues, (Pcr Montemurn. J..
with IWO JudMcS concuTTlng: in Ihe fl'.
!lull,) Warman \'. Warman. 439 ,\,2d
1203. 29-l Pa.Super, 285. 198~,
fi 5344. Jurisdiction
(a) General rule.-A court of this Commonwealth which is com.
petent to decide child custody matters has jurisdiction to make a
child custody determinatiun by initial or modification decree if:
(1) this Commonwealth:
0) is the home state of the child at the time of commene,',
menl of the pruceeding; or
Oi) had been the home state of the child within six month-
befure commencement of the proceeding and the child is ab.
sent from this Commonwealth because of his removal or reten.
tion by a person claiming his custody or for other reasons, and
a parent ur person acting as parent continues to live in thl'
Commonwealth;
(2) it is in the best interest of the child that a court of thi,
Commonwealth assume jurisdiction because:
0) the child and his parents, or the child and at least one
contestal1l, have a significant connection with this Common.
wealth; and
(Ii) there is available in this Commonwealth substantial eli.
dence concerning the present or fUlure care, protection, train'
ing and personal relationships of the child;
(3) the child is physically present in this Commonwealth, and
(I) the child has been abandoned; or
526
CUSTODY
(Ii) it i~ nece~sarv
because Iw has been subj
111lml or nhusc ur is olhc
(4) 0) it appears that no
lindeI' prerequisites substa
(l), (2) ur (3), ur another s
lion on Ihe ground that this
lite furum \lI determine the
Oi) it is in the best itue
jurisdiction; or
(5) 'he child well are ag
contestants for the child li\
home of the person to who
it to be satisfactory for the
(b) Ph~'slcal presence In.
(a)(3) and (4), physical presen
or of the child and one of the
confer jurisdiction on a coU
child custody determination.
(c) Physical presence unn
child. while desirable, is n
determine his custody.
1990, Dee. 10, P.L. 1240, No. 206
Prlur law.:
14/10. llel. ~. P.L. lt93. Su,
t, 1011..'. 14~ Poi.C.S.A. ~ 53....).
Law Revl
T/lflmpl(Hl \'. Tlrm"fl.Hm: Tht, luris
Il{lnill dlll'l1Im... nf c 1IId custod\' ca
undel' tlit. P;m~nt.ll Kidnappil1(: -llrc\'
Llbr
IhHlrl\' (~~QO.
Purl'nl antI Child C=02(Sl,
II'ISfL\lI' TopIC 1\".. 134, 285.
Nole.
In pcnersl I
Abun l~
AdupllulI It.
AlfTl!cmentll 19
lielt In'en:.t tlf child ..-
Bunten uf pruur. home I,ale 9
tnonlelli III Iii" 2
CHILDREN AND MINORS
determine cuslody. Com. ex reI. OCIJ.
IDno v. Dombrowski. 0134 ,\,!d 774 '90
..Super. 322, 1981. ' .
. Inllla1 deer..
"lnlll.1 decree," wllhln l3 1'0 C 5 \
5349 (repealed: ",e, now, n I'a'c's\'
5349), providing Ih., court m~y' de:
line 10 c:terclse jurisdiction If pelltloner
r Inlll.1 deeree h.. wron~(ully t.ken
e child, c.n be Inlll.1 deeree a. to
rimary custody. visitation, or depend.
ocy Bnd the amount or cmlodial con.
01 ;appropriate to remedy parcnt.:!.1 ne.
lect or lsnorancc. or mnv IrC31 scu:rill
f the subjects ,11 oncc, while il "mad in.
atlon decree" Is 3n order modlf\'ing or
eplactns a prior decree concerning the
cnlic,,1 Issues. (Pcr Montc:muro J
Ith I\vo Judges concurring In th~ r~:
ult.l Warman \'. Warm.n, 439 A."d
203, "94 1'..Super. "85, 19n
Commonwealth which is com.
lers has jurisdiction to make a
itial or modification decree if:
hild at the time of commence.
of the child within six months
roceeding lInd the child is ab.
ecause of his removal or reten.
stody or for other rellsons, and
arent continues to live in this
the child that a court of Ihis
on because:
, or the child and at least one
connection with this Common.
Commonwealth substantial cvi.
r future care, protecllon, train.
of the child:
nt In this Commonwcalth, and:
oned: or
CUSTODY
23 Pn.C.S.A. ~ 5344
Iii) II I> neee"arv in an emergency In prolect Ihc child
because he ha> been subjecled III Ill' threalcned wilh mislreal'
ment tH" ahuse or is otherwise I1cglcl:tco or dependent:
(4) (i) il .Ippears thai no other state would havc jurisdiction
lindeI' prercqulsitcs subslamiall\' in accordance with paragraph
I I), (2) or 13), or anlllher stale has declined to excrcise jurisdlc.
lion on Ihe ground Ihalt:,is C')llll11onWCallh is Ihe lllore appropri.
:IIC forum 10 determine the custody of the child; and
(iil il is 111 the best illlcresl of Ihe child thallhe court assume
jurisdiction: or
1.5) 'he chtld welfare "gcncies of the counties wherein thc
colllestanls for the child live, h.II'e made an investigation of Ihe
home of the person to whom custody is awardcd and havc found
il to be satislactory lor Ihe welfar'~ 01 Ihe child,
Ibl Physical prcsenee Insul'l'lclcnl,-Except under subsection
a 113) and (4), physical presence inlhis Comnlllnwealth of the child,
'I' 01 the child and one 01 Ihe conleSlalllS, is not alone suificientto
,'Infer jurisdiction on a court "I thiS COlllmonwcalth to make a
"illld cuslod\' determination.
Ie) Physical presencc unncccssary.-Physical presence of Ihe
child, while desirable, is not a prcrequisile for jurisdiction 10
delcrmine his custod\'.
1990, Dec. to, P,L. 1240, :-10. 206, 9 ", dreClIVe in 90 uays,
mllorlcul und SI.lutol'}' NOlel
\Qn. JUlie 30, P.L. 29. So. 20. ! 4 (11
1'.5. q "304).
IJrlor Law.:
1980, Uct. .. I'.\.. 093, :O;u, 14l,
9 lOlla} 142 I'J,(;,5..I. q ;3J4l.
Luw Review Comment.rle.
rlUH11pHUl \', Tlro",[,wtl: ThcJUrI'lodIC. lion ,\ct. Sote, 16 Pcpperdlnt L.Rev.
lI11nal dll~l11m;1 .ll I.: \lId (laW \' (a!i~~ .Ul9 \ 19S9l.
llnLler Ihe PJrent,ll K.idnaPI'II1~ Prcvcn.
LibraI'}' Rererencel
C,J.5. Illvut'ce q b12.
C,J,S. I'orenl and Child q n
Ol,nn'c ~2111l
l'arcl1l .\IlU ClulJ ~2(5).
WESTI..\\\' Ttl\1h: SU), 13-1, ~S5,
Sole. or Declllunl
Cuntempt 10
County I1S home Ilale t I
Dl!dlnlo! ut Jurlllllcllun "
lIab&!al COrpUI 12
lIon1l: Ilale 7...1 I
In Hen~rlll 7
Burden uf proof ~
In Kenvrlll I
,\bu.e '5
Aduptlun 16
,\KnemcnlA l~
nell tnlere.. III' ~hlhl '4
Burden uf llrlJuL hlllne ..hHe IJ
Cuntlh:II nl' 10m 2
527
IN THE COURT OF COMMON PLEAS OF
CllKBERLAND COUNTY I
PENNSYLVANIA
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PETITION TO ESTABLISH
JURISDICTION
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DEBORAH A. VANASDLEN,
PLAINTIFF
V.
GLENN G. VANASDLEN, JR.,
DEFENDANT
NO. 95-2041 CIVIL TERM
CIVIL ACTION - LAW
l..Aw OFrlCU
FISHMAN & O'BRIEN
U5b SOUTH UANO\lER STREET
CARLISLE. PENNSYLVANIA 17013
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