HomeMy WebLinkAbout95-06328
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: IN THE COURT OF COMMON PLEAS :
. OF CUMBERLAND COUNTY $
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: STATE OF ~, PENNA. :
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8 PATRICIA H. METZGER 8
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, HICIIAI!I. J. METZGER 8
, 'DEFENDANT .
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, DECREE IN :
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. DIVORCE ·
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: ANDNOW,."..~,~...I.\:,., 191:~.." It Is ordered and ~
, l'ATl\lCIA ~RY METZGER I'
" decreed that. , , ... . . ... . . .. . . . . . . ., . . . . .., ..............".., plaint ft,
!" HICIIAEI. JOHN METZGER 8
. and. .. . , , .. . . "" . . .. . . . . . . . . . . . .. . . . . .. .. . . . . ., ., defendant, .
~ are divorced from the bonds of matrimony, 8
8 ,
8 The courl retains jurisdiction of the following claims which have 8
8 been raised of record In this action for which a final order has not yet Jil
, been entered; :
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 95-6329 CIVIL TERM
: CIVIL ACTION. LAW
: IN CUSTODY
PATRICIA METZGER,
Pllln""
MICHAEL J. METZGER
D.f.ndlnt
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties s\lpulate and agree as follows:
I LEGAL CUSTODY
1. The parties hereby agree to share legal custody of their minor children
Miry Metzger, born September 22, 1981, and Michelle Metzger, born March 3, 1988, All
decislonl affecting the children's growth and development Including, but not limited to:
choice of camp, if any, choice of day care provider; medical and dental treatment;
plychotherapy, psychoanalysis, or like treatment; decisions relating to actual or
potentill litigation involving the children, directly or as beneficiary, other than custody
lIt1glllon: educetion, both secular and religious; scholastic athletic pursuits lInd other
extracurricular acllvltles; shall be considered major decisions and shall be made by the
plrents Jointly, efter discussion and consultation with each other and with a view
towards obtaining and following a harmonious policy in the children's best interest.
2 Each party agrees to keep the other informed of the progress of the
children's education and social adjustments. Each party agrees not to impair the other
party'. right to shared legal or physical custody of the children. Each party agrees to
give support to the other in the role as pamnt and to take into account the consensus of
the other for the physical and emotional well. being of the children,
3 While In the presence of the children, neither parent shall make, or permit
any other person to make, any remarks or do anything which could In any way be
construed as derogatory or uncomplimentary to lhe other parent. It shall be the express
duty 01 each parent to uphold the other parent as one whom the children should respect
and love
4. It shall be the obligation of each parent to make the children available to
the other In accordance with the physical custody schedule and to encourage the
children to participate in the plan hereby agreed and ordered.
5. Each parent s"all have the duty to notify the other of any event or activity
that could reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another concerning any
parenting Issue requiring consultation and agreement and regarding any proposed
modifications to the physical custody schedule, which may from time to time become
necassary, and shall specifically not use the children as messengers. Furthermore,
neither parent shall discuss with the children any proposed changes to the physical
custody schedule, or any other issue requiring consultation and agreement, prior to
discussing the matter and reaching an agreement with the other parent.
7. With regard to any emergency decisions which must be made, the parent
with whom the children are physically residing at the time shall be permitted to make the
decision necessitated by the emergency without consulting the other parent In advanca,
However, that parent shall Inform the other of the emergency and consult with him/her
as soon as possible, Day.to.day decisions of a routine nature shall be the responsibility
of the parent having physical custody at the time
B. Each parent shall be entitled to complete and full information from any
doctor, dentist, teacher or authority and have copies of any reports given to them as a
parent. Such documents include, but are not limited to, medical reports, academic and
school report cards, birth certificates, etc. Both parents may and are encouraged to
attend school conferences and activities. The Father's name shall be listed with the
school as the alternative parent to be contacted in the event of an emergency and to be
notified regarding school events. However, It will be the Mother's primary responsibility
to provide Father with copies of report cards end all nollficallons of major school events.
g, ,Neither parent shall schedule activities or appointments for the children
which would require their allendance or participation at said activity or appointment
during a time when they are scheduled to be In the physical custody of the other parent
without that parent's express prior approvel.
10, The parties hereby acknowledge that they have discussed and Jointly
made the following decisions:
a, The parties agree that Good Hope Family Physicians will continue
to be the children's pediatrician and accordingly, will provide
medical treatment to the children when necessary,
b, The parties acknowledge that the children's legal names are Mary
Metzger and Michelle Metzger and that they shall be known by
these names for all purposes. The parties agree that they will
Instruct their respective families and friends that the children should
not be referred to by any other names,
c, The parties acknowledge that they each expect the children to
attend college and post.high school training if they are good
students with a high probability of gaining entrance and succeeding
in college. The parties agree that they shall each be actively
involved In the selection of an appropriate post-high school
education for the children and that the choice of any college or
institution shall be mutually agreed upon by Father, Mother and the
children, taking Into consideration the parents' then financial ability
and economic circumstances, and the children's needs, desires,
talents and aptitudes for post.hlgh school educetlon.
II. PHYSICAL CUSTODY
1, The parents shall share physical custody of the children, Mother shall
have primary physical custody, Father shall have partial custody on the following
schedule:
a. Alternating weekends from Saturday morning between 10:00 a.m. and
11 :00 a.m. unlll Sunday at 6:00 p,m.
...............
b, Every Thursday evening from 5:45 p.m. through 8:30 p.m.
c. During children's summer vacation from school, Father shall have
custody of the children for seven consecutive days upon providing 30
days prior notice to Mother,
d. Upon ten (10) days notice to Mother, Father may annually select and
tack onto any other of his regular or holiday visits an additional total of
seven (7) discretionary days, which may be taken one at a time or
seven (7) days at once, so long as they do not conflict with Mother's
scheduled time.
2, The parties shall share custody of the children on the holidays as
follows:
a, Thanksgiving .In even numbered years, Father shall have custody of
the children form the Wednesday before Thanksgiving after school
recesses through the following Sunday at 2:00 p,m. Mother shall have
custody during the same period In odd numbered years.
b, Christmas. In odd numbered years, Father shall have custody of the
children from 2:00 p.m. on Christmas Eve through January 1 at 4:00
p,m. Mother shall have custody during the same period In even
numbered years.
c, Father's Day and Mother's Day - Father shall have custody of the
children on Father's Day weekend from Saturday at 10:00 a.m, through
Sunday at6:00 p.m. and Mother shall have custody of the children on
Mother's Day weekend from Saturday at 10:00 a.m. through Sunday at
6:00 p.m,
III MISCELLANEOUS ITEMS
1, Father's periods of partial custody shall not be exercised in conflict with the
following Jewish holidays, which the children shall observe with Mother: Rosh
Hashanah, Yom Kippur, Hanukkah, Purim and Pesach (first and second days).
MARITAL SETTLEMENT AGREEMENT ~ r
THIS AGREEMENT, made this €\ rjt~ day Of~, 1997,
by and between Michael J. Metzger, hereinafter referred to as "Husband", and Patricia
M. Metzger, hereinafter referred to as "Wife".
WITNESSETH
WHEREAS, Husband and Wife were lawfully married on June 6, 1961,
end
WHEREAS, certain differences arose between the parties as a result of
which they separated on June 10, 1995, and now live separate and apart from one
another, and are desirous of settling fully and finally their respective financial and
property rights and obligations as between each other, including without limitation by
specification: the settling of all matters between them relating to the past, present and
future support and/or maintenance of Wife by Husband or of Husband by Wife; and in
general the settling of any and all claims and possible claims by one against the other or
against their respective estates for equitable distribution of all marital property; and a
resolution of all mutual responsibilities and rights growing out of the marriage
relationship; and
WHEREARE, the parties hereto, have come to the following agreement.
NOW THEREFORE, in consideration of the ebove recitals and the
following covenants and promises mutually made and mutually to be kept, the parties
heretofore, intending to be legally bound to legally bind their heirs, successors and
assigns thereby, covenant, promise and agree as follows:
1, SEPARATION:
It shall be lawful for each party at all times hereafter to live separate
and apart from the other as such place or places as he or she may from time to time
choose or deem fit.
2. INTERFERENCE:
Each party shall be free from interference, authority and contact by
the other, as fully as If he or she were single and unmarried, excepl as may be
necessary to carry out the provision!! of this Agreement Neither party shall harass the
other nor endeavor to mole!!t the other, nor compel the other to cohabit with the other
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nor in any way malign the other, nor In any way Interfere with the paaceful existence,
separete and apart from the other In ell respects as If he or she were single and
unmarried.
3. WIFE'S DEBTS:
Other than the debts Indicated in Paragraph 5 below Wife
represents and warrants to Husband that since June 10, 1995, she has not, and In the
future, she will not, contract or incur any debt or liability for which Husband or his estate
might be responsible and shall Indemnify and save Husband harmless from any and all
claims or demands made against him by reason of debts or obligations incurred by her.
... HUSBANDS DEBTS:
Other than the debts indicated In Paragraph 5 below, Husband
represents and warrants to Wife that since June 10, 1995, he has not, and in the future,
he will not, contract or Incur any debt or liability for which Wife or her estate might be
responsible and shall Indemnify and save Wife hermless from any and (\11 claims or
demands made against her by reason of debts or obligations Incurred by him,
5, OutstJIndlng MarltJIl Debts:
Husband and Wife aCknowledge and agree that they have no
outstanding marital debts and obligations of the Husband and Wife Incurred prior to the
signing of this agreement, except as follows:
PERSON(S) NOW
DESCRIPTION AMOUNT RESPONSIBLE
A. Montgomery Ward $1,300 H
B. Montgomery Ward $ 375 W
C. 5110 $2,537 H
D. Penn Credit $ 250 H
E. Penn Credit $ 250 W
F. American Express $ 687 H
G. BosCQv's $ 275 W
H. Harris Savings $ 975 H
I. HFC $2,888 H
J. American Weier Company $ 40 W
(lIlilial" (I"hlalll
The parties agree that Husband shall hereafter be responsible for paying
debts A, C, D, F, H and I above and Wife shall be responsible for paying debts B, E, G
and J.
Each party agrees to pay the outstanding Joint debts as allocated and
further agrees to Indemnify and save harmless the other from any liability for such debts
and obligations.
In the event that either party contrected or incurred any debts, other than
those specifically Identified herein since June 10, 1995, the party who incurrer:! the debt
shall be responsible for it's payment regardless of the name In which the account may
have been charged and agrees to Indemnify and hold harmless the other for any liability
for such debts,
6, MUTUAL RELEASE:
Except as provided in this Agreement, each party waives his or her
right to alimony and any further distribution of property because both agree that this
Agreement provides for an equitable distribution of their marital property in accordance
with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party
has released and discharged, and by this Agreement does for himself or herself, and his
or her heirs, legal representatives, executors, administrators and assigns, release and
discharge the other of and from all ceuses of action, claims, rights or demands
whatsoever in law or equity, which either of the parties ever had or now has against the
other, except any or all cause or causes of action for divorce and except In any or all
causes for breach of any provisions of this Agreement. Each party also waives his or
her right to request marital counseling pursuant to 23 Pa,C,SA Section 3302,
7, EQUITABLE DISTRIBUTION:
A, Marital Home:
The parties listed and sold 3615 Dwayne Avenue,
Mechanlcsburg, Cumberland County, Pennsylvania, and deposited the sum of $999 in
the escrow account of counsel for Husband, to be distributed as herein provided,
_____ (inillal.)
____. (Initial.)
B, Contents of Wife's Residence:
As of the date of execution of this Agreemont, Husband shall
set over, transfer and assign to Wife all of his right, title, claim and interest in and to the
furniture, furnishings, fixtures, goods, appliances, equipment, and personal Items within
the Wife's residence, except for these Items which will be delivered to Husband:
Birth Certificate
Baptismal Certificate
C, Contents of Husband'a Residence:
As of the date of execution of this Agreement, Wife shall set
over, transfer and assign to Husband all of her nght, title, claim and interest In and to the
furniture, furnishings, fixtures, goods, appliances, equipment, and personal items within
the Husband's residence.
0, Individual Retirement Accounts, Pensions and
Employmlnt Benlflts:
Each party shall retain any benefits of their respective present
employment. Wife shall retain her 401K account, with an approximate balance of
$2,000, The parties acknowledge that Husband's DDRE lump sum pension benefits
previously received of $17,392 were utilized by agreement of the parties to pay counsel
fees and marital debt, with the remainder of $2,031 deposited In the escrow account of
Husband's counsel, to be distributed as provided herein,
F, Joint Bank and Charge Accounts:
All Joint bank and charge accounts, credit card accounts and
any other Joint accounts shall be terminated and each party shall take those steps
necessary to have the other removed as a responsible party from any such account.
G, Property to Wife:
The parties agree that Wife shall own, possess, and enjoy
free from any claims of Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property
together with any Insurance policies covering that property, and any escrow accounts
_-<initials)
__._u (\niliali)
relating to that property, This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from Husband to Wife,
H, Property to HUlband:
The parties agree that Husband shall own, possess, and
enjoy free from any claim!! of Wife, the property awarded to her by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such
property together with any insurance policies covering that property, and any escrow
accounts relating to that property. This Agreement shall constitute a sufficient bill of sale
to evidence the transfer of any and all rights in such property from Wife to Husband.
I. MllceUaneoul Property:
All property not specifically addressed herein shall hereafter
be owned by the party to whom the property Is titled, and if untitled, the part in
possession, This Agreement shall constitute a sufficient bill of sala to evidence the
transfer of any and all rights In such property from each to the other.
J. Tax Liability:
The parties believe and agree that the division or property
heretofore made by this Agreement is a non-taxable division of property between co-
owners rather than a taxable sale or exchange of such property, Each party promises
not to take any position with respect to the adjusted basis of the property assigned to
him or her with respect to any other Issue which is inconsistent with the position set forth
in the preceding sentence on his or her Federal or State income tax returns,
K. Eacrow Account:
The $3,030 in Husband's counsel's escrow account shall be
distributed by his counsel by checks drawn on her escrow account and made payable as
follows:
8,
$ 755.00 - to Dr. Joseph Martin
$1,137,60 .to Edward J. Weintraub
$1,137.60. to Susan K. Candlello ~
LIFE INSURANCE:
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Husband and Wife, for ten (10) years following the execution of this
Agreement, so long as each is employed, shall maintain life Insurance of al least
(initials) (Inillols)
$70,000 for the benefit of their then surviving child or children. As Trustees to
administer these Insurance proceeds on behalf of their minor children, Husband shall
designate Nona Metzger, and Wife shall designate Katie White
9. ALIMONY:
Both parties mutually waive all spousal support, alimony, and
maintenance of any kind from the olher party.
Wife acknowledges and agrees that the provisions of this
Agreement providing for the waiver of alimony to her by her Husband are fair, adequate,
and satisfactory to her and are based upon her actual need, her Husband's ability to
pay, the duration of the parties' marriage and other relevant factors which have been
taken into consideration by the parties. Although the approval of this Agreement by a
court of competent jurisdiction in connection with this action in divorce or annulment filed
by Husband or Wife shall be deemed an order of the court and may be enforced as
provided In 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it
pertains only to support for Wife and the payment of alimony following the entry of a final
Decree In Divorce between the parties, may not be modified, suspended, terminated, or
reinstated at the instance of the request of the Wife or Husband, or subject to further
order of any court upon changed circumstances of the Wife or Husband of a substantial
or continuing nature, or for any reason claimed by Wife whatsoever, Upon that
condition, Wife Hereby accepts the provisions of this Agreement in lieu of and in full and
final settlement and satisfaction of all claims and demands that she may now or
hereafter have against Husband or her support and maintenance of herself and for
alimony, and Husband and Wife further voluntarily and intelligently waives and
relinquishes any right to seek a modification, suspension, termination, relnstitution, or
other court order with respect to tho terms of this Agreement pertaining to the payment
of alimony by Husband.
Husband acknowledges and agrees that the provisions of this
Agreement providing for equitable distribution of mantal property are fair, adequate and
satisfactory to him and are accepted by him in lieu of and in full and final settlement and
satisfaction of any claims or demands that he may now have or hereafter have against
the Wife for support, maintenence or alimony. Husband further voluntarily and
(innl.I.)
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Intelligently waives and relinquishes any right to seek from the Wife any payment for
support or alimony,
10. HEALTH INSURANCE
Wife shall maintain medical insurance upon the parties' two minor
children, as provided by her employer, In the event Wife shall no longer be able to
~aln medical Insurance, as provided by her employer, Husband agrees, upon ~
~notlce, he shall provide for the medical insurance coverage of the parties' two
minor children as soon as he Is able under his present employment agreement to obtain
such medical coverage for his children. During any period of lime when, for whatever
reason the children would not be covered by any medical insurance, the parties agree to
equally divide (50/50) the cost of medical insurance coverage under any COBRA plan
or any other available plan for their children until one of the parties can obtain medical
Insurance coverage.
H. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of
this Agreement providing for the equitable distribution of marital property of the parties
are fair, adequate and satIsfactory to them. Both parties agree to accept the provisions
set forth In this Agreement In Lieu of and in full and final sel\lement and satisfaction of all
claims and demands that either may now or hereafter have against the other for alimony
pendente lite, counsel feas or expenses or any other provision for their support and
maintenance before, during and after the commencement of the proceedings for divorce
or annulment between the parties
12, INCOME TAX RETURNS:
The parties hava heretofore filed joint federal and state ta)( returns.
Both parties agree that In the event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such ta)( is made against either of them, such will
Indemnify and hold harmless the other from and against any loss or liability for any such
tax deficiency or assessment and any loss or liability for any such ta)( deficiency or
assessment and any Interest, penalty or e)(pense shall be paid solely and enllrely by the
Individual who is finally determined to be responsible for the actions, misrepresentations
or failures to disclose separate income re!!ultlng in tax liability, The parties shall file
liniliol,)
1111I1101.)
separately In 1996 and thereafter. Wif all retai endency exemplion ~
children all annually release 0 Husband upon t y certified funds~
to April 10 a , of en~ tax loss she wou as a result of releasing the
ex s),
13, WAIVERS OF CLAIMS AGAINST ESTATES:
Excapt 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 relalionshlp, Including without Ilmltalion, dower, curtsey, statutory allowances,
widow's allowance, right to take intestacy, right to take against the will of the other, and
right to act as administrator or executor of the other's estate. Each will, at the request of
the other, executive, 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 and both parties will revoke prior wills and testamentary
documents.
14, DIVORCE:
Wife at her cost by counsel has filed an action for divorce under
3301 (c) of the Divorce code.
Simultaneously with the execullon of this Agreement both parties
will execute Affidavits of Consent and Waivers of Nollce to enable Wife to proceed with
a no.fault divorce as soon as possible, providing Husband with a duplicate decree.
The parties further agree that each of them shall be responsible for their
own attorney's fees.
The parties shall be bound by the terms of this agreement, which shall be
Incorporated by reference Into the Divorce Decree, shall not be merged In such Decree,
but shall In all respects survive the same and be further binding as an enforceable
contract, conclusive upon parties.
15, CUSTODY:
By Stipulallon of Agreed Order of Custody (attached hereto and
(iniliol.)
IInillol.)
marked as Exhibit "A') to be filed in Cumberland County, the parties shall share legal
and physical custody of their minor children.
16, SUPPORT: -W-
re.r + By 31;......161;.:.11 VI Agreett Order of Support (dlltllllleli he,6lv /lR8
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..2Q 17, BREACH AND ENFORCEMENT:
Bll~pooi nf $1;10 pir "'BAtll, pillS '199 8 "'BRtll eA all aFreBFB llAtilutiBfled, 1'1...1>
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If either party breaches any provision of this Agreement, the other
party shall have the right at his or her election, to sue for damages for such breach, or
seek such other remedies or relief as may be reasonable for payment of legal fees and
costs incurred by the other in enforcing his or her rights under this Agreement.
Reasonable interest shall be assessed from the date of breach.
A. This Agreement may be specifically enforced by either
Husband or Wife in Equity, and the parties hereto agree that If an action to enforce this
Agreement Is brought In Equity by either party, the other party will make no objection on
the alleged ground of lack of jurisdiction of said Court on the ground that there Is an
adequate remedy at law. The parties do not Intend or purport hereby to Improperly
confer jurisdiction on a Court In Equity by Ihls Agreement, but they agree as provided
herein for the forum of equity in mutual recognition of the present state of the law, and In
recognition of the general jurisdiction of Courts in Equity over agreements such as this
one,
B. Notwithstanding anything to the contrary herein, Husband
and Wife may also proceed with an action at law for redress of his or her rights under
the terms of this Agreement, and in such an event It is specifically understood and
agreed that for and in specific consideration of the other provisions and covenants of
this Agreement, each shall waive any right to a jury Irial so as to expedite the hearing
and disposition of such case and so as to avoid undue delay,
C. Each party further hereby agrees to pay And to save and
hold harmless the other party from eny and all allomey's fees and costs of litigation that
.lillitial,)
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either may sustain, or Incur or become liable for, in any way whatsoever, or shall pay
upon, or In terms or provisions of this Agreement by reason of which either party shall be
obliged to retain or engage counsel to Initiate or maintain or defend proceedings against
the other at law or equity or both In any way whatsoever, provided that the party who
seeks to recover such attorney's fees and costs of litigation must first be successful In
whole or in part, bafore there would be any liability for attorney's feas and costs of
litigation. It Is the specific agreement and Intent of the parties that a breaching or
wrongdoing party shall bear the burden and obligation of any and all costs and expenses
and counsel fees Incurred by himself or herself as well as the other party In endeavoring
to protect and enforce his or her rights under this Agreement.
18, ADDITIONAL INSTRUMENT:
Each of the parties shall from time to time, at the request of the
other, execute, acknowledge and deliver to the other party any and all further
Instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
19, VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement Is fair and equitable, that It Is being entered Into voluntarily, with full
knowledge of the assets of both parties, and that it Is not the result of any duress or
undue Influence. The parties acknowledge that they have been furnished with all
Information relating to the financial affairs of the other which has been requested by
each of them or by their respective counsel.
20, ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and
there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and divisions of marital and
separate property are fair, equitable and satisfactory to them basad on the langth of their
marriage and other relevant factors which have been taken into consideration by the
parties. Both parties hereby accept the provisions of this Agreement with respect to the
_____.Iil1i1i81,)
(111;1;01.)
division of property in lieu of and in full and final settlement and satisfaction of all claims
and demands that they may now have or hereafter have against the other for equitable
distribution of their property by any court of competent jurisdiction pursuant to 23
Pa,C.S.A Section 3501 ill ~ Or any other laws. Husband and Wife each voluntarily
and intelligently waive and relinquish any right to seek a court ordered determination and
distribution of marilal property, but nothing herein contained shall constitute a waiver by
either party of any rights to seek the relief of any court for the purpose of enforcing the
provisions of this Agreement.
21, DISCLOSURE:
Husband and Wife represent and warrant to the other that he or she
has made a full and complete disclosure to the other of all assets of any nature
whatsoever in which eithar party has an Interest, the sources and amount of the income
of such party of every type whatsoever and of all other relevant and material facts
relating to the subject mailer of this Agreement.
22. MODIFICATION AND WAIVER:
A modification or waiver of any of the provisions of this Agreement
shall be effective only If made In writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance on any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same and similar nature.
23, PRIOR AGREEMENT:
It Is understood and agreed that any and all property settlement
agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and have no effect.
24, DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only.
They have no effect whatsoever In determining the rights or obligations of the parties.
25. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties
hereto that each paragraph "ereof shall be deemed to be a separate and Independent
covenant and agreement.
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PATRICIA METZGBR, I IN THB COURT OF COMMON PLIAS OF
Pt.AINTIFF I CUNBBRLAND COUNTY
I PBNNSYLVANIA
V I
I NO, 95-63:18
MICHAIIL J. METZGBR, I CIVIL ACTION . LAW
DBFBNDANT I IN DIVORCB
PRABCIPS TO TRANSMIT RBCORD
To the Prothonotary I
Transmit the record, together with the following information, to
the court for entry of a divorce decree I
1, Ground for divorcel irretrievable breakdown under S 3301(c) of
the Divorce Code,
2. Date and manner of Bervice of the complaint I Defendant was
served via regular mail on November 4, 1995,
3, Date of execution of the affidavit of consent required by
Section 201(c) of the Divorce Code I by plaintiff, August 21, 1997,
1997/ by Defendant, AUgUBt 26, 1997,
4, Date of service to the Defendant of Waiver of Notice of
Intention to RequeBt Entry of Divorce Decreel August 21, 1997, (see
attached copy of Waiver of Notice),
5, Related claimB pendingl None,
Gates
Susan Kay C n
ALlorney for
ates, P,C.
iello, EBquire
laintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
PATRICIA METZGER,
Plaintiff
MICHAEL J. METZGER,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1, Plaintiff is Patricia Metzger, who currently resides
at 3615 Dwayne Avenue, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2, Defendant is Michael J, Metzger, who currently
resides at 109 South Street, Wormleysburg, Cumberland County,
Pennsylvania 17025,
3, Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for a period of more than six (6)
months immediately preceding the filing of this Complaint,
4, The Parties were married on June 6, 19B1, in
Kensington, Maryland,
5, Neither Plaintiff nor Defendant is in the military or
naval service of the United States or its allies within the
provisions of the Soldiers' and Sailors' civil Relief Act of the
Congress of 1940 and its amendments,
6. There has been no prior action for divorce or
annulment instituted by either of the parties in this or any other
jurisdiction,
7, The Plaintiff has been advised that counseling is
available and that Plaintiff may have the right to request that the
Court require the parti~s to participate in counseling,
COUNT I,
REQUEST FOR A NO-FAULT DIVORCE UNDER
SECTION 33011c\ OF THE DIVORCE CODE
8, The prior paragraphs of this Complaint are
incorporated herein by reference thereto,
9, The marriage of the parties is irretrievably broken,
10, After ninety (90) days have elapsed from the date of
the filing of this Complaint, Plaintiff intends to file an
affidavit consenting to a divorce,
Plaintiff believes that
Defendant may also file such an affidavit,
WHEREFORE, if both Parties file affidavits consenting to
a divorce after ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff respectfully requests the Court
to enter a Decree of Divorce pursuant to Section 3301(c) of the
Divorce Code,
COUNT II,
REQUEST FOR A NO-FAULT DIVORCE UNDER
SECTION 33011d\ OF THE DIVORCE CODE
11. The prior paragraphs of this complaint are
incorporated herein by reference thereto,
12, The marriage of the Parties is irretrievably broken,
13, The parties are living separate and apart and at the
appropriate time, Plaintiff will submit an affidavit alleging that
the Parties have lived separate and apart for at least two years as
specified in section 3301(d) of the Divorce Code,
COUNT II I ,
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL
PROPERTY UNDER SECTIONS 3323. 3501. 3502 and 3503
OF THE DIVORCE CODE
14. The prior paragraphs of this Complaint ara
incorporated herein by reference thereto,
15. Plaintiff requests the Court to equitably divide,
distribute or assign the martial property between the parties
without regard to marital misconduct in such proportion as the
Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests the Court to
enter an order of equitable distribution of marital property
pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code,
COUNT IV,
REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY
DESIGNATIONS OF EXISTING POLICIES INSURING
LIFE AND HEALTH OF BOTH PARTIES UNDER SECTION 3502(d) OF
THE DIVORCE CODE
16, The prior paragraphs of this Complaint are
incorporated herein by reference thereto,
17, During the course of the marriage, Defendant has
maintained certein health, life and death insurance policies for
the benefit of Plaintiff and Defendant.
18, Pursuant to Section 3S02(d), Plaintiff requests
Defendant be directed to continue maintenance of said policies,
WHEREFORE, Plaintiff respectfully requests that, pursuant
to Section 3S02(d) of the Divorce Code, the Court enter an order
directing Defendant to continue to maintain certain life and health
insurance policies for the benefit of Plaintiff and Defendant.
COUNT V,
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE LITE AND ALIMONY UNDER
SECTIONS 3701. 3702 and 3704 OF THE DIVORCE CODE
19. The prior paragraphs of this Complaint are
incorporated herein by reference thereto,
20, plaintiff is unable to sustain himself during the
course of litigation,
21, Plaintiff lacks sufficisnt property to provide for her
reasonable needs and is unable to sustain herself through
appropriate employment,
22. Plaintiff requests the Court to enter an award of
spousal support and/or alimony pendente lite until final haaring
and thereupon to enter an order of alimony in her favor pursuant to
Sections 3704 of the Divorce Code,
WHEREFORE, Plaintiff respectfully requests the Court to
enter an award of spousal support and/or alimony pendente lite
until final hearing and thereupon to enter an order of alimony in
her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce
code,
COUNT V II ,
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
28. The prior paragraphs of this Complaint are
incorporated herein by reference thereto,
29, The public policy of the Commonwealth of Pennsylvania
encourages parties to a marital dispute to negotiate a settlement
of their differences,
30, While no settlement has been reached as of the date
of the filing of this Complaint, Plaintiff is and has always been
willing to negotiate a fair and reasonable settlement of all
matters with Defendant,
31. To the extent that a written settlement agreement
might be entered into between the parties prior to the time of
hearing on this Complaint, Plaintiff desires that such written
agreement be approved by the Court and incorporated in any divorce
decree which may be entered dissolving ths marriags between the
parties,
WHEREFORE, if a written settlement agreement is reached
between the Parties prior to the time of hearing on this Complaint,
Plaintiff respectfully requests that, pursuant to Section 3104
PATRICIA METZGER, I IN TilE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VB. I NO, 95-6328
I CIVIL ACTION - LAW
I
MICIlAEL J, METZGER, I
Defendant I IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby accept Bervice of the Petition to Prevent
DiBBipation of Marital ABBetB on behalf of my client Michael J,
Metzger, which waB filed on November 3, 1995, to the above
referenced term and number,
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PATRICIA MITZGIR,
PLAINTIFF
IN THI COURT OF COHMDN PLUS OF THI
CUMBIRLAND COUNTY
PBNNSYLVANIA
NO, 95.63:118
CIVIL ACTION . LAW
IN DIVORCI
V
MICHABL J. MBTZGBR,
DBFBNDANT
AFFIDAVIT Dr CONSBNT
1. A Complaint in Divorce under section 3301 (c) of the
Divorce Code was filed on November 3, 1995,
2, The marriage between the plaintiff and Defendant is
irretrievably broken and ninety (90) day have elapsed from the date
of filing the Complaint,
3, I consent to the entry of a final Decree in Divorce,
4, I understand that if a claim for alimony, alimony pendente
lite, equitable distribution of marital property, 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 availabili ty of marriage
counseling, and understand that I may request that the Court
require that my spouae and I participate in counseling, I further
understand that the Court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon
request, Being so advised, I do not request that the Court require
that my spouse and I participate in counseling prior to a divorce
decree being handed down by the Court,
I verify that the Statementa 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,
DATED I AUgUat~, 1997 ?d;- . ,;;...~ ~...-'
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PATRICIA METZGER,
PLAINTIFF
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. IN THE COURT OF COMMON PLaAB OF THE
. CUMBERLAND COUNTY
. PBNNBYLVANIA
.
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.
NO. 95.63:18
CIVIL ACTION
IN DIVORCB
. LAW
MICHAEL J. NBTZGBR,
DBFBNDANT
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on November 3, 1995,
2, The marriage between the Plaintiff and Defendant is
irretrievably broken and ninety (90) day have elapsed from the date
of filing the Complaint,
3, I consent to the entry of a final Decree in Divorce.
4. I understand that if a claim for alimony, alimony pendente
lite, equitable distribution of marital property, 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, I further
understand that the Court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon
request, Being so advised, I do not request that the Court require
that my spouse and I participate in counseling prior to a divorce
decree being handed down by the Court.
I verify that the Statements made in this Affidavit are true
and correct. I understand that false statements herein are made
SUbject to the penalties of 18 Pa, C.S, Section 4904, relating to
unsworn falsification to authori~ties,
DATED. AU9UstU , 1997 Il_ _ /~ /I ,]
MICHAEL J, z~: tit{;
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Plllintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No, <1.1'. ~.3;;>8' t!WiIl\" Y.;-(""
CIVIL ACTION - LAW
vs,
MICHAEL J, METZGER,
Dsfendsnt
IN DIVORCE
ORDER .l kN,1I j, _
AND NOW, this ~ day of ~V~, 1995, upon
consideration of ths within Petition to Prevent Dissipation of
Marital Assets, both Petitioner Wife, Patricia Metzger, and
Respondent Husband, Michael J, Metzger, are mutually enjoined and
restrained from encumbering, dissipating, sel)ing or otherwise
alienating any and all marital assets of th /parties, including
specifically Husband's Civil Service retire t benefits,
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parties or to effectuate the purposes of this act, and may
grant such other relief or remedy as equity and justice
require against either party , , ,
9, Section 3505(a) of the Code provides:
Where it appears to the court that a party is about to remove
himself or herself or his or her property from the
jurisdiction of the Court or is about to dispose of, alienate,
or encumber property in order to defeat alimony pendente lite,
alimony, child and spousal support, or similar award, an
injunction may issue to prevent such removal or disposition
and such property may be attached as provided by the Rules of
Civil Procedure,
10. Pennsylvania Rule of civil Procedure 1920,43(a) providesl
At any time after filing of the complaint, on petition setting
forth the facts entitling the party to relief, the court may,
upon such terms and conditions as it deems just, including the
filing of security,
(1) issue preliminary or special injunctions necessary to
prevent the removal, disposition, alienation or
encumbering of real or personal property in accordance
with Rule l53l(a), (c), (d), and (e); or
(2) order the seizure or attachment of real or personal
property; or
(3) grant o~her appropriate relief,
WHEREFORE, Petitioner Wife, respectfully requests that this
Honorable Court grant the within Petition for Injunctive Relief and
mutually enjoin and restrain both Husband and Wife from
encumbering, dissipating, selling or otherwise alienating any and
all marital assets of the parties, including specifically Husband 's
Civil service rstirement benefits,
Respec~!ul~ submitted,
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Edward J. Weintraub
Attorney for Plaintiff
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
parties or to effectuate the purposes of this act, and may
grant such other relief or remedy as equity and justice
require against either party , , ,
9, Section 3505(a) of the Code providesl
Where it appears to the court that a party is about to remove
himself or herself or his or her property from the
jurisdiction of the Court or is about to dispose of, alienate,
or encumber property in order to defeat alimony pendente lite,
alimony, child and spousal support, or similar award, an
injunction may issue to prevent such removal or disposition
and such property may be attsched as provided by the Rules of
Civil Procedure,
10, Pennsylvania Rule of civil Procedure 1920,43(a) provides I
At any time after filing of the complaint, on petition setting
forth the facts entitling the party to relief, the court may,
upon such terms and conditions as it deems just, including the
filing of security,
(1) issue preliminary or special injunctions necessary to
prevent the removal, disposition, alienation or
encumbering of real or personal property in accordance
with Rule 1531(a), (c), (d), and (e); or
(2) order the seizure or attachment of real or personal
property; or
(3) grant other appropriate relief,
WHEREFORE, Petitioner Wife, respectfully requests that this
Honorable Court grant the within Petition for Injunctive Relief and
mutually enjoin and restrain both Husband and Wife from
encumbering, dissipating, selling or otherwise alienating any and
all marital assets of the parties, including specifically Husband's
civil Service retirement benefits,
Respect!ullr submitted,
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Edward J, Weintraub
Attorney for Plaintiff
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6328
CIVIL ACTION - LAW
PATRICIA METZGER,
plaintiff
MICHAEL J. METZGER,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby accept Bervice of the Order of November 9, 1995,
on behalf of my client Michael J. Metzger, which waB filed on
November 3, 1995, to the above referenced term and number.
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CERTlFICA TE OF SERVICE
AND NOW, thl8 I.~ day of dYFHJ;/' ,1997, I, Joanne M,
Bennett, hereby certify thllt I have thlB day sarved a copy of the within document, by
mailing same by first class mall, postege prepeld, addressBd as follows:
Susan K. Candlello, Esquire
1013 Mumma Road
Lemoyne, PA 1 7043
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PATRICIA METZGER,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95.6328 CIVIL TERM
MICHAEL J. METZGER
Defendant
: CIVIL ACnON . LAW
: IN CUSTODY
Petition for 8 Finding of Contempt
The petition of Michael J, Metzger respectfully represenls:
1, That on September 1a, 1997,Judge Bally entered an Order awarding visitation of
the minor children Mary Metzger and Michelle Melzger,
2, Respondenl has willfully failed to abide by the order In that 1) Michael Metzger was
delayed In visiting with his children on November a"" 1997 and 2) denied vlsllation on
November 20th, 1997 and 3) Has nol been provided a copy of Mary Metzger's report
card from Trinity High School. As 10 Item 1, Michael Melzger arrived 10 pick up the
above named children on November a'" at 5:45 and found a nole attached 10
respondent's front door Indicating the children were not available 10 be picked up until
later In the evening. As 10 Item 2, Michael Metzger arrived 10 pick up Ihe children on
November 20'h at 5:45, knocked twice and waited but no one answered Ihe door, He
left some school papers belonging 10 Michelle Melzger on Ihe doorstep and returned to
his residence In Harrisburg, PA, As to Item 3, Mary Metzger reporled to petitioner, on
November 218', Ihal she had failed Iwo subjecls al Trinity High School and Ihallhe
reporl card was In her molher's possession, The marking period ended on Oclober
318', Petitioner would nol pray for the courl's Inlerventlon In Ihese matters excepl
these Incldenls are Ihe lalestln a series of numerous Inslances of willful disobedience,
on respondenl's pari, of the honorable court's cuslody order perlalnlng to Ihe above
named lnlnor children, Petitioner fears respondent Is not acting In the children's best
Interesl according 10 the dlrecllon and Intent of Ihe honorable courl's Custody Order,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
PATRICIA METZGER,
Plaintiff
NO. 6328 CIVIL 1996
MICHAEL J, METZGER,
Defendant
CIVIL ACTION. LAW
ORDER
AND NOW this / j Ii day of
,
, 1998, it being reported
to the Conciliator that the parties have reso ved the contempt petition filed In this
matter and that there are no further Issues pending, the undersigned Conciliator
hereby relinquishes jurisdiction and returns the matter to the Court Administrator.
If either of the parties wishes further proceedings In this action, they should
petition the Court anew,
FOR THE COURT.
f1
MI AEL L. BANGS
Custody Conciliator
cc: Mrs. Patricia Metzger. pro so
Mr, Michael J, Metzger, pro so
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PATRICIA METZGER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 85.f328 CIVIL TERM
CIVIL ACTION. LAW
IN CUSTODY
MICHAEL J. METZGER
o."ndant
Petition for a Finding of Contempt
The petition of Michael J, Metzger respectfully represents:
1, That on September 16, 1997,Judge Bally entered an Order awarding visitation of
the minor children Mary Metzger and Michelle Metzger.
2. Respondent has willfully failed to abide b~' the order in that 1) Michael Metzger has
been delayed In visiting with hla child Michelle on each and every visitation weekend
since May 1999, 2) was most lately delayed In vlslllng with Michelle on August 281h,
1999, Michelle called Mr, Metzger at 11 :30 on August 281h, Informing him that her
mother, respondent, was behaving erratically and that she wanted Mr, Metzger to
trllnsport her to her saxophone lesson, This call was followed, a short lime later, with a
call from respondent Indicating that she would transport Michelle to the 12:00 leason,
which would last one-half of an hour and afterward she would bring Michelle over, I
asked respondent why Michelle was not at my residence at 10:00 A,M" and she said
she was "confused," As to Item 1, Patricia Metzger, Is ordered to transport the child to
petitioner'S residence between 1 0 AM and 1 1 AM every other Saturday morning. As to
Item 2, Patricia Metzger Is ordered to transport the children to pelllloner's residence
between 10 AM and 11 AM every other Saturday morning, She did not arrive with
Michelle until 1:"'6 P.M, Petilloner would not pray for the court's Intervenllon In these
matters except these Incidents are the latest In a serieB of numerous Instancea of willful
disobedience, on respondent's part, of Ihe honorable court's custody order pertaining to
the above named minor child. Petitioner feara respondent Is nol acllng In the children's
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