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7.
Plaintiff and/or Defendant have acquired, prior to the
marriage or subsequent thereto, "non-martial property" which has
increased in value since the date of the marriage and/or subsequent
to its acquisition during the marriage, which increase in value is
marital property.
8.
Plaintiff and Defendant have been unable to agree as to an
equitable division of property to the date of filing of this
Complaint.
9.
Plaintiff requests the Court to equitably divide all marital
property.
COUNT II - ALIMONY PENDENTE LITE
10.
Paragraphs 1 through 9 of this Complaint are incorporated
herein by reference as though set forth in full.
11.
Plaintiff lacks sufficient property to provide
reasonable means and is unable to support herself
appropriate employment.
for her
thl:ough
12.
Plaintiff raquires reasonable support to adequately maintain
her in accordance with the standard of living established during
the marriage.
13.
Plaintiff request the court to enter an award of reasonable
temporary alimony until final hearing and permanently thereafter.
COUNT III - COUNSEL FEES
14.
Paragraphs 1 through 13 of this Complaint are incorporated
herein by reference as though set forth in full.
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AlED-OFFlCE
OF n 1': P.'O,"H(lNOTMY
96 In.!4 23 P1l12: 24
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
Barbara Ann Guyer, . NO. 95-3918
.
PLAINTIFF .
.
. CIVIL ACTION - LAW
.
VS. .
.
. IN DIVORCE
.
RiChard Alan Guyer,
DEFENDANT
AFFIDAVIT OF SERVICE
H. Anthony Adams, Esquire, being duly sworn according to law
deposes and states that a true and correct copy of the Amended
Complaint in Divorce was mailed by first class mail postage
prepaid to MiChael J. Hanft, Attorney for the Defendant, at 11 W.
Pomfret Street, Carlisle, Pennsylvania on January 23, 1996.
c+-\~ ~ ~
H. Anthony Adams, squ re
128 E. King Street
Shippensburg, PA 17257
(717)-532-3270
Sworn to and subscribed this
13th day of June, 1996.
[JINiI /71 /it I f *~/)
Notary Pub 1 c ~
My Commission Expires:
NOr""IAL SEAL
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IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Burbara A, Guyer, )
Plainlill: )
)
vs. )
)
Richard A. Guyer. )
Defendant, )
Civil AClion - Law
No. 1995-3918
Civil Term
In Divorce a v.m.
PRAECIPE TO ENTER APPEARANCE
TO: PROTHONOTARY
Please enter the appearance of the undersigned allomey, Martha 8, Walker, Esquire. al allomey for
plaintiff in Ihe above-referenced mailer.
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M ha B. Walker, Esqu re
Date: ii-'5~c,
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Biubara A. Guyer, Plaj6lilT"
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY. PENNSYL VANIA
Barbara Ann Guyer, )
Plaintiff. )
)
vs. )
)
Richard Alan Guyer. )
Defendant, )
Civil Action. Law
No, F.R, 1995-3918
In Divorce a v.m,
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301 Ic) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notica.
2. I understand that I may lose rights concerning alimony, division of property.
lawyer's fees or expenses if I do not claim them before a divorce Is granted.
3, I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me Immediately after it is filed
with the Prothonotary.
I verify that the statements made in this Waiver are true and correct, I
understand that false statements herein are made subjact to the penalties of 18 Pa,
C.S, Section 4904 relating to unsworn falsification to authorities.
Date: l/ - I" - 9 7
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i1rbara Ann Guyer!' Pl'alntiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - PENNSYLVANIA
Barbara Ann Guyer,
Civil Action - Law
Plaintiff,
vs.
No, F.R, 1995-3918
Richard Alan Guyer,
Defendant,
In Divorce a v,m,
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301 lc) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice.
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I undorstand that I will not be divorced until a divorce decree Is entered by
the Court and that a copy of the decree will be sent to me Immediately after it is flied
with the Prothonotary.
I verify that the statements made in this Waiver 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 unslll/orn falslficetion to authorities.
Date: 4 - If,.. - ? '}
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYL VANIA
Barbaro A, Guyer, ) Civil AClion - Law
Plaintiff. )
)
VS. ) No. 1995-3918
) Civil Tenn
Richard A, Guyer, )
Defendnnt. ) In Divorce aV.m.
ORDER OF COURT
AND NOW, this
Ihe wilhin Pelilion
day of
. 1996, upon consideralion of
IT IS HEREB Y ORDERED, Ihal a hearing 10 delennine nn wnount for alimony pendente lite
in Ihe above-eaplioned ense is scheduled for , 1996 al _:_ _.m, al
the Cumberlnnd Counly Domestic Relations Office.
By Ihe Court.
J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Barbara A. Guyer. ) Civil Action - Law
PlaintiO., )
)
vs. ) No. 1995-3918
) Civil Tenn
Richard A. Guyer, )
Defcndanl, ) In Divorce a v.m.
PETITION TO SCHEDULE HEARING FOR ALlMONV PENDENTE LITE
NOW COMES, Barbnm A. Guyer, Plainlill: by and Ihrough her al/omey, Mnrlha B. Walker,
Esquire of WALKER, VAN HORN & MACBRIDE, P.C. and says as follows:
I. Plainliff is Barbara A. Guyer, an adull individual, residing in Franklin County,
Pennsylvania.
2. Defendant is Richard A. Guyer, an adult individual residing in Cumberland County,
Pennsylvania.
3. An aClion for divorce bel ween Ihe parties was filed by Plaintiff on July 24, 1995.
4. An Amended Complainl raising claims for equitable dislribulion WId alimony pendente
Iile was filed on January 23, 1996, Service was effected on July 26,1995.
5. Defendanl is presently employed with Shippensburg Universily and receives a nel
monthly income of approximalely $1,750.00 per monlh.
6. Plaintiff is self-employed part-lime as a seamstress and cake decomlor and receives a net
monlhly income of less than $500.00 per monlh.
7. Plainliff is entitled 10 Alimony Pendenle Lite necessary 10 pay her legal fees and appraisal
cosls as Ihe real estale and Defendanl's pension needs 10 be appmised.
WHEREFORE, Plainliff requests your Honorable Court order a hearing be scheduled to
delennine her enlitlement for Alimony Pendenle Lite.
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rtha B. Walker, E quire
^ lomey for Plainliff
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BARI\MlA A, lillYI H.
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INIHI 11IifF! 01 I I If'1MiHl 1'1 FA', OF
ClIMIIFHIANI1 111IIfJI\, I'HJIJ';YIVI\rJIA
V
RICHARD A, GUYER.
Defendtllll
I: I V II AI r I ot~
I 1\ IV
NO, 95-3918 C IVI! TrllM
MEMORANDUM
This mat tel' IHlVlng been colII'd tilh clote on 0 peti tion
by wIfe for alimony pendentl! lIte, onlJ tile portles 110ving
reached an oVflI"oll mol' J to] set tlllment agreement thot will be
executed by them In full satIsfaction of 0]1 of their claims in
this divorce case, tills IlIemoronrlum Is entered to reflect the
terms of that settlement,
1. Husbond \;il] keep his pension beneflts,
2, Husbond will transfer all his interest in the
marital home to Hife,
3, Husboml \.111] poy 01 imony to ,,,i fe for a period of
three years until June 30, 1999, in the amount of $250,00 per
month retroactive to JulY 1, 1996, Until 0 final divorce decree
is entered, tilis alimony shull be designated alimony pendente
11 te.
4, Husband will transfer the pOl'ties' Ford Escort to
wife and wIfe will transfet the parties' Mercury to husband,
5, The parties wJl] exchonge the vehicles within tHO
weeks of today's dote,
6, HusbUllll \'/11] cnntinue to pay the oUlstanding loon
on the Ford being transferred to wi fe and wll1 receive a dollar
for dollar rl!rluctlon in hIs olimony pendente lite amI alimony
payments for all sums pold for prIncipal ond interest on that
loan,
7, Tile porites will dlstrlblltl' their personal
property 11Y mut uul ilOI'l'pment
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BARBARA A. GUYER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
RICHARD A. GUYER,
DEFENDANT
95-3916 CIVIL TERM
O~DER OF COUB!
AND NOW, this 26th day of June, 1996, a hearing on the petition for alimony
pendente lite shall be held in Courtroom Number 2, Cumberland County Courthouse,
at 1:30 p.m., Monday, July 22,1996.
Lynn MacBride, Esquire
For Plaintiff
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William C. Vohs, Esquire
For Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Barbara Ann Guyer,
Plaintiff
Civil Action. Law
vs,
95.3918 Civil Term
Richard Alan Guyer,
Defendant
ORDER OF COURT
AND NOW, this t b day of \ ~ D, 1997, upon stipulation of counsel for
the parties the previeoulsy schedule~n Defendant's Motion to Terminate
Alimony is hereby continued to June 26, 1997 at 3:00 p.m, in Courtroon #2,
Cumberland County Courthouse.
By the Court,
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Edgar B, Bayley, j,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA ANN GUYER, I
Plaintiff I CIVIL ACTION - LAW
I
V. I IN DIVORCE
I
RICHARD ALAN GUYER, I NO. 95-3918 CIVIL TERM
Defendant I
PETITION TO TERMINATE ALIMONY BECAUSE OF
COHABITATION OF RECIPIENT SPOUSE
AND NOW, comes Petitioner, Richard Alan Guyer, through
William C. Vohs, Esquire, HANFT & VOHS and petitions the Court
for the termination of alimony because of cohabitation of
recipient spouse.
1. The Petitioner is Richard Alan Guyer, who resides at 58
Shippensburg Mobile Estates, Shippensburg, Cumberland County,
Pennsylvania.
2. Respondent is Barbara Ann Guyer, who resides at 49
Tabor Road, Newburg, Cumberland County, Pennsylvania.
3. On the 22nd day of July, 1996, your Honorable Court
entered an order for alimony against defendant-petitioner in the
amount of $250.00 per month in favor of respondent-spouse, which
order was effective July 1, 1996. A true and correct copy of
said order is attached hereto, made a part hereof and marked as
Exhibit "A".
4. Since the entry of the said order, the circumstances
have changed, namely I respondent is cohabitating with another man
not her spouse.
S. Petitioner believes that, in view of the substantial
O,*AWIL'I'IAWoIlM*tnJJY'''ft"TTtlolNn.
.
change in circumBtanCeB as Bet forth above, namely the
cohabitation of reBPondent-recipient-BpouBe, which change iB of a
continuing nature, Baid order for alimony Bhould be terminated
and arrearages remitted.
WHEREFORE, petitioner requeBts thiB Honorable court to enter
an order terminating the preBent alimony order for reBpondent and
remit all arrearageB.
Respectfully Bubmitted,
~t~
William c. VohB, EBquire
Attorney ID No. 65208
11 W. pomfret Street, suite 2
CarliBle, PA 17013
(717) 249-5373
Q.AWa-YLA~""""'TD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA ANN GUYER, I
plaintiff I CIVIL ACTION - LAW
I
V. I IN DIVORCE
I
RICHARD ALAN GUYER, I NO. 95-3918 CIVIL TERM
Defendant I
AND NOW, this
CERTIPlCATE OF SERVICE
9- ~j\---day of May, 1997, I, William C. Vohs,
Esquire, hereby certify that the following person was served with
a True and Correct copy of the Petition to Te~~inate Alimony
Because of cohabitation of Recipient Spouse filed in the above-
referenced matter by United States Mail, first class, postage
prepaid, addressed as follows I
Lynn Y. MacBride, Esquire
WALKER, VANHORN' MACBRIDE, P.C.
247 Lincoln Way East
P. O. Box 309
Chambersburg, PA 17201-2295
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William C. Vohs, Esquire
Attorney ID No. 65208
11 West pomfret Street, Suite 2
Carlisle, PA 17013
(717) 249-5373
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA ANN GUYER, I
Plaintiff I CIVIL ACTION - LAW
I
V. I IN DIVORCE
I
RICHARD ALAN GUYER, I NO. 95-3918 CIVIL TERM
Defendant I
ORDRR OF COURT
AND NOW, this ~lo day of June, 1997, by agreement of the
parties, the Petition to Terminate Alimony Because of
Cohabitation of Recipient Spouse is hereby dismissed.
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IN THE COURT OF COMMON PLEAS OF
THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUNTY
Barbara Ann Guyer, ) Civil Action - Law
Respondent )
)
vs ) In Divorce
)
Richard Alan Guyer, )
Petitioner ) No. 96.3918 Civil Term
ANSWER TO PETITION TO TERMINATE ALIMONY
BECAUSE OF COHABITATION OF RECIPIENT SPOUSE
AND NOW, comes Respondent, Barbara Ann Guyer, by and through her
attorneys', Walker, Van Horn & MacBride, P.C., and answers Petitioner's Petition to
Terminate Alimony as follows:
1. Admitted,
2, Admitted.
3, Admitted.
4. Denied. Respondent is not cohabitatlng with another man not her spouse.
6. Denied, Petitioner's alimony obligation arose out of the party's Property
Settlement Agreement of February 26,1997. Little v Little, 657 A.2d 12,441 Pa.
Super.186 (1996) provides that when an alimony obligation arises out at a settlement
agreement rather than a Court Order, the alimony obligation Is governed by contract
law. The party's Property Settlement Agreement provided specifically In section 2.2
that their agreement was to survive and not be merged Into any decree, judgment, or
other Order of divorce or separation. No Court Order for alimony has been entered.
Petitioner is bound by his contract to pay to Respondent alimony In the amount of
$260,00 for a length of three years from July 1, 1996, Nothing In the parties
agreement provides for a modification of husband's alimony obligation.
A Support Agreement that merges into a dlvDrce decree takes on the attributes of a
Support Order for purposes of modification, A Support Agreement that survives as an
enforceable contract Is governed by contract law, Jones v Jones, 661 A,2d 167,
438 Pa. Super, 26 (1994). The parties Property Settlement Agreement in section 2,2
Is specific In stating that the agreement shall survive and shall not be merged with any
decree, judgment or Order of divorce separlltlon.
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