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HomeMy WebLinkAbout95-06522 .:) f' " -t. I ' . _ t. . ,,", ;~! ;. 9 . ~ . fa i~ -=- ........~;ec ,~ 2~'-z CD .<:. C ... *~;:~ N .~~~ eo.:~a' n :!wv'':: .. h.. ::::"'1... ...~ :I ~U .. ~) ,I I. ,"I 'I ,d ~i . U iPO . B~ =- , , ... s 'I .. ....". 'OM'"'' .....".". nu.. ...IiIIlHOCII........WOnll'...1lf " ~ \)Q ~~ I ; " . L."(h,,u, SlUATlLU. SCt\l..MAN II< BaOWN, '.C. SUrTal06 lIMO lJl\IOUITUWN\n4n HAUJ,rt!au.rA 17110.9411 . J!~ Iii ~ ..' -I~' " . NOV 1 7 \99511- uo .. BIALY, JR., : IN THE COURT OF COMMON PLEAS plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA . tt(,4/~t.1J1 . v. . No. (1-1- 65dd. . DItIIM I. RICRIlOIlt), CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this ~day of _f\\oVHt-hlf , 1995, upon consideration ot the attached COMPLAINT, it is hereby directed that the par ies ~d their respective counsel appear betore \c.\.~- L_ 0<<" ~ , the conciliator, at (). _' \ , on the day of -(ff"o, 1995, at .m. for a Prehear ng custody Conference. At such con erence, an effort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may p~ovide grounds for entry of a temporary or permanent order. By: custody conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Co~rt Administrator 4th Fl., Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 LEO B. HEALY, JR., plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. KAREN I. RICHMOND, Detendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES the plaintiff, Leo B. Healy, Jr., in the above captioned action, by his attorney Lori K. Serratelli and the law tirm ot SERRATELLI, SCHIFFMAN, BROWN' CALHOON who petitions this Honorable Court to grant him legal and physical custody ot the parti..' child based on the following: 1. Plaintift and Defendant are the parents ot one minor child, namely: Brianne Lee Healy, born June 24, 1980. 2. The plaintiff currently resides at 2337 North Fourth street, Harrisburg, Dauphin County, Pennsylvania. He resides alone. 3. The Defendant currently resides at 313 Lamp Post Lane, Camp Hill, cumberland county, Pennsylvania. She resides with her husband, Frederick Richmond, the minor child Brianne Lee Healy, who is currently a resident of philhaven and Mr. Richmond's son, Ben Richmond. 4. During the past five years the child has resided with the following persons and at the following addresses: Persons Address Dates Karen Richmond 313 Lamp Post Lane (Mother) Camp Hill, PA 17011 Frederick Richmond (steptather) Ben Richmond (Halt Brother) 1985 to the Present 5. The relationship of Plaintiff to the child is that ot father. 6. The relationship of Defendant to the child is that of mother. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. There was a previous action with regard to this matter, Dauphin County Docket No. 1162 S, 1984. The parties executed a Matrimonial Settlement Agreement which was incorporated into the parties' Divorce Decree dated September 17, 1984. The Agreement provided that the parties have shared legal and physical custody ot the parties' daughter. (See Exhibit A) 9. Plaintiff believes that the best interests and permanent welfare of the child will be served by granting physical and legal custody of the child to the Plaintiff. WHEREFORE, Plaintiff requests that the Court grant physical and legal custody of the parties minor child, Brianne Lee Healy to the Plaintitt. Respect tully submitted, ~__ivlf. BROWN 17110-9483 Attorney for Plaintitt SKNI.IT A. ." I- .' , . , . SIPAJlATIOII AIlD PROPIRn SBTTLBllBIIT AOIlUllBIIT THIS AGREEMENT made on the date(s) set Corth below, at Harrisbur" Dauphin County, Pennsylvania, by and ~tween Karen Irene Healy (herelnatter reCerred to IS "Wlte"), and Leo Butler Healy/'(fll!relnaCter reterred to as "Husband"). AaTICLI I STATUS or PAaTIES 1.01. Date oC MarrlalZe. The parties were married on the 1st day oC March, 1975, and ever since that date have been, and are now, Husband and Wlte. 1.02. Children oC Parties. Two children were born oC this marrlal8, namely Eric Keith Healy, born July 22, 1977 and Brlanne Lee Healy, born June 24, 1980. 1.03. Separation ot Parties. Unhappy dltCerences have arisen between the parties and as a result the parties have lived separate and apart since approximately October, 1983. AaTICLI D UFOaCIAIIIL,", COl8mIJlATIOI. dD PUIlPOBIII O. AO..-UT 2.01. Intent to Live Aoart. The parties Intend to continue to maintain separate and permanent domiciles and to live apart Crom each other. It Is the Intent and purpose ot this Alr'eement to set Corth the respective rllhts and duties ot the parties whUe they continue to live apart Crom each other. Mothln, In this Alr'eement shall be C!OIIItrued IS any admission by either party ot the lawCulness or unlawtulness ot IIvinl separate and apart. 2.02. Settlement oC Prooerty. The parties have attempted to divide their marital property in a manner which conCorms to a jlllt and riiht standar4, with due reprd to the rights oC each party. The division oC existing marital property is not Intended by the parties to constitute In any way a sale or excltanie oC assets, and the division Is belnl ettected without the introduction oC outside Cunds or other property not constltutinl a part ot the marital estate. 2.03. Enforceability and Consideration. This Alr'eement shall survive any action Cor divorce and decree 01 divorce, and shall Corever be binding and conclusive on the parties, and Independent lep! action may be brolliht to enCorce the terms ot this Alr'eement by either Husband or WICe until it shall have been tully satisCled and pertormed. The consideration tor this contract and Alr'eement is the mutual beneClts to be obtained by both oC the parties hereto and the covenants and alr'eements ot each oC the parties to the other. The adequacy oC the consideration Cor all alr'eements herein contained Is stipulated. contessed, and admitted by the parties, and the parties Intend to be lelfllly bound hereby. ....... ....-. ~ , , . . . . . AaTleLB m DlVISlOI or paoPBaTY 3.01. Real Estate. The parties are record owners ot real property located at 2332 North Fifth Street, Harrisburg, Dauphin County, Pennsylvania, 2337 North Fourth Street, Harrisburg, Dauphin County, Pennsylvania, and unimproved real estate located In Middle PaXton Townshl;l, Dauphin County, Pennsylvania Same being described In a Deed recorded In the Recorder ot Deeds, Dauphin County, Pennsylvania at Deed Book 187, page U5. Within thirty (30) days atter the date on which Husband executes the present agreement, he shall convey to Wlte by Fee Simple, General Waranty Deed all hla right, title and Interest In the real property and home located 2332 North Plfth Street, Harrisburg. Dauphin County, Pennsylvania. The conveyance shall be under and subject to the existing loan on the property to Plrst pederal Savings and Loan AlISoclatlon ot Harrisburg (approximately $2,200.00) and to the home Improvement loan to Provident National Bank ot Philadelphia (name ot Institution) (approximatelY $1,900.00), which shall both become the sole responsibility ot Wlte and Wlte agrees to indemnity and hold harmless Husband trom any payment and liability thereon, Including reasonable attorneys tees and costs ot detense. Within thirty (30) days after the date ot this Agreement, Wlte shall convey to Husband by Pee Simple, General Warranty Deed all her right, title and Interest In the real property and home located at 2337 North pourth Street, Harrisburg, Dauphin County, Pennsylvania. The parties shall list the Middle paxton Township real property tor sale with a reputable ....tor and trom the proceeds ot the sale the tollowlng shall be paid: a. All commissions, settlement costs, and credits owing to either party. b. The mortgage and loan to Plrst Federal Savings and Loan AlISocla~lon and the loan to Provident National Bank ot Philadelphia. c. The joint loan ot the parties to Kenneth Smeal, R. D. '2, Cleartleld, Pennsylvania 16830 (approximately $8,500.00). d. The balance shall be distributed to Husband. Husband shall choose the real estate agency. The parties shall accept any reasonable otter, provided that the parties are not obligated to accept an otter below $18,500.00. In the event the property remains unsold tor a period ot nine (9) months after the date ot this Agreement, then the parties shall have the property appraised by a reputable appraiser and shall be obligated to accept an otter ot a buyer tor the appraised price or higher. Commencing with the execution ot this Agreement, Husband shall make monthly interest payments only ot $88.88 to Kenneth Smeal on account ot theloan which has a balance ot $8,888.00 and he shall make said Interest payments until the Middle Paxton Township property Is sold and the loan Is paid. Said obligation to Kenneth Smeal shall become the sole responsibility ot Husband and Husband agrees to Indemnity and hold harmless Wlte Crom any payment and liability thereon including reasonable attorney's tees and costs oC detense. .0 .. '. It Is aareed that the parties wlll share equally real estate taxes on said unimproved property until time oC sale. Any costs oC sale which must be advanced prior to date oC settlement will be shared equally by the parties. 3.02. Personal Prol!!!:!I.. The parties have previously divided any and all parsonal proP.!lrty In whlcl18lTher or both may previously have had any Interest. Each party aarees that division was Calr, Just and equitable. . Each' party hereby transCers to the other his or her interest, if any, In the personal property currently In the possession oC or under the control of the other party. Each party aarees to execute any documents necessary to transfer title of any such personal property to the other. 3.03. Automobile. The 1979 Honda Civic automobile currently driven and maintained by Husband shall hereafter be the sole property of Husband. The 1978 Datsun F-l0 automobile currently driven and maintained by Wife shall become the sole property of Wife. Each party hereby waives any rlaht, title or interest in the automobile of the other. Each party shall execute such documents u are necessary to effectuate any title chanae. 3.04. !!!!!,. The parties shall CIle separate tax returns Cor the tax year endlna December 31, 1984 and thereafter. 3.05. Separate Propertv. Each party shall own, have and enjoy, Independently of any claim orthe other party, all Items of tanalble personal property of any kind, nature and description wherever It Is located, which are now owned or held by him or her or which may hereafter belona or come to him or her, with full power to him or her to dilpole of that tanalble personal property u fully and effectively In all respects and for all purposes u If he or she were unmarried. ARTICLE IV DIBTS O' PAAT1B8 4.01. Debts. Each party hereby assumes sole responsibility Cor any and all debts Incurred In their own name since the date of separation. . 4.02. Warranty as to Exlstlnll Obllllatlons. Each party represents that they have not heretoCore Incurred or contracted Cor any debt or liability or obliaatlon Cor which the estate of the other party may be responsible or liable except as may be provided for In this Aareement. Each party aarees to IndemnlCy or hold the other party harmless from and aplnst any and all such debts, liabilities or obllptlons of every kind which may have heretofore been Incurred by them, including those for necessities, except for the obllptlons arising out of this Aareement. 4.03. Warrantv u to Future Obllllatlons. Wife and Husband shall covenant, warrant, represent and aaree that each will not and at all times hereafter save harmless and keep the other indemnified Crom all debts, charaes and llab\lltles incurred by the other after the execution date of this Aareement, except as may be otherwise specifically provided Cor by the terms oC this Aareement and that neither of them shall hereaCter Incur any liability whatsoever Cor which the estate oC the other may be liable. - -. ..-. . " .- '. ARTICLE Y COBTOOY O. C8ILDaBII AJlO SUPPORT 5.01 CustodY. Husband and WICe shall have shared'lepl and physical custody or their two"chlldren, Eric Keith Healy and Brlanne Lee ,Healy u, defined In 23 Pa. C.s.A. 0l003. Provided, however, that the principal residence oC the children shall be , with the Wife, SUbJect to the rlaht oC the Cather to have physical custody and liberal visitation rlahts u often as practical, Includlna, but not limited to the followlnlr- a. Every other weekend Crom Friday evenlna to Sunday Evenlna. b. The parties shall alternate the followlna maJor holidays: Labor Day, Thanksalvlna, Christmas Day, New Years Day, Euter Sunday, Memorial Day, and July 4th. In 1984, the children shall spend Christmas Day with the Wife. c. A two (2) week period during the months of June through August. Sme may be consecutive or not. Husband Is to give at least thirty (30) days prior notice of any such summer period of temporary custody. d. Such other times u the parties may hereafter aaree. Said additional times or modifications of the above schedule need not be In wrltlnl but require agreement of both parties. It Is understood that the rlaht to make maJor decisions a(fectlnl the best Interests of the children, Includlnl, but not limited to medical, rellalous and educational decillolll shall be shared by the parties. Further, the parties agree that these custody provlslons shall be entered u an Order oC Court, and this Agreement shall be sufficient warrant for either party to petition the Court Cor an agreed Custody Order. 5.02. SUDDOrt. Husband shall pay Wife the sum of $240.00 per month for the support of the parties' two minor children. At the request of either party, this support obligation shall be Incorporated Into a support order, althouih the parties may elect to have payments paid directly to the Wife. It Is understood that this provision for support and any support order shall be SUbJect to modification depending on the changing needs oC the children or the changing Income and finances of the parties. Either party may CUe any petition Cor modification for a change o.C the support order, as provided by law. 5.03. S rt and Allmon Pendente Lite Allmon Etc. Each party hereby waives any and all rlaht he or she may now have or herea ter acquire to be supported by the other, or to be paid alimony, subsequent to a termination of the parties' marrlale by divorce, or to receive alimony pendente lite, counsel fees or other expenses attendant to seeklnl of a divorce in this or any other Jl.I'lsdiction. 5.04. Support Bindlnll on Estate. All financial obllptlons undertaken by Husband In this Agreement, lncludina all arrearages, shall be bindlnl as Husband's heirs, executors, administrators, successors and assigns, and shall constitute a charge apinst Husband's estate. .. ..' . ". , , ", .' ,,' . . . . " " asalnst any claim or demand, whether or not well-founded, and that he or she wlll indemnify or hold harmlesa the other party In respect to all damaaes resultlnl therefrom Includlnl payment of the other's court costs, f1l1ns fees, counsel fees and costs of litigation. 8.08. 'PulI Disclosure. Each Pftrty userts that, 'he 'or' she has made a full and complete dlsclosurll of all of the real' and personal property of whatsoever nature and wheresoever location belonalns In any way to each or them, all debts and encumbrances Incurred In any manner whatsoever by each of them, of all sources end amounts of Income received or receivable by each party, and of every other fact relatlns In any way to the subJect matter of this Aareement. These disclosures are part of the collllderatlon made by each party for enterlnl Into this Agreement. 8.07. Rllrht to Live Separately and Free from Interference. Each party shall live separately and apart from the other at any place or places that he or she may select. Neither party shall molll3t, harua, aMoy, InJure, threaten, or interfere with the other party In any manner whatsoever. Each party may carryon and enpse In any employment, prof_Ion, busln_ or other activity IS he or she may deelD advisable for his or her sole use and benefit. Neither party shall Interfere with the use, ownership, enjoyment or dlapoeltion of any property now owned or hereafter acqulred by the other. 8.08. Allree'411nt Voluntary and Clearly Understood. Each party to this Aareement acknowledles and declares that he or she, respectively: (1) Is fully end completely Informed as to the flcts ralatlng to the Subject matter of this Agreement and u to the rlihts and liabilities of both parti..; (2) Enters Into this Agreement volllltarUy after recalvinl the advice of Independent coUlllel; (3) HIS a1ven careful and mature thought to tile making of this Aareemllnt; (4) Has carefully reld each provlslon of this Aareement: (5) Fully and completely understands each provision of this Aareement, both as to the SubJect metter and lelal effects. 8.09. Default. If either party tails In the due performence of any of his or her material obllptlons hereunder, the otrlel" party shall have the right, at his or her election, to sue for demales for breach hereof, or to rescind this Aareement or seek such other lesal remedies umay be available. Nothlnl herein contained shall be COIIItrued to restrict or Impair a party's rlsht to exercise this election. In addition, the party breachlnl this Agreement shall be liable to the other for any and all court COlts and attorneys fees Incurred by that other In enforc.inl this contract. 8.10. Modification and Waiver. A modification or waiver of any of the provisions of this Aareement shall be effective only If mlde In wrltlnl and executed with the same formality u this Aareement. The only exception to this provision Is set forth above under Temporary Custody. The failure of either party to insist upon strict performance of any of the provisions of this Aareement shall not be construed IS a waiver of any subsequent default of the same or similar nature. .'.' , ., ~ . . 6.11. Successors and Asslllns. This Agreement, er.cept u otherwise expressly provided herein, shall be bindins on and Inure to the benefit of the respective lesatees, devise., heirs, executors, admlnibtrators, assigns and successors In interest of the parties. 8.12. Law Governlnll Alrreement. This Agreement shall be aoverned by, and shall be construed in accordance wlth the laws of the Commonwealth of Pennsylvania. 8.13. Intellratlon. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior AKreements or nesotlations between them. There are no representations or warranties other than those expressly set forth. 8.14. Severability. If any term, condition, clause or provision of this Agreement shall be deteremlned or declared to be void or Invalid In law or otherwise, then only that term, condition,' clause or provision shall be stricken from this AKreement and In all othar respects this Agreement shall be valid and continue In full force, effect and operation. AaTlCLB VB AGIlB1lJIUT TO BB OaDBa O' COORT 7.01. No Bar to Divorce; No Merll8r. Nothing In this Agreement shall be construed as a relinquishment by either party of the rilht to prosecute or defend any suit for divorce In any court of proper juriSdiction. It Is further specifically understood and agreed that the provisions of this Aareement relatlns to the equitable distribution of proparty of the parties are accepted by each party as a final settlement for all purpoles whatsoever. Should either of the parties obtain a decree, Judament, or, order of separation or divorce In any other state, county, or jursldlction, each of the parties to thla AlI'eemant hereby consents and agrees that this Aareement and all of Its covenants shall not be affected In any way by any such separation or divorce: and that nothlnl In any such decree, judament, order, or further modification or revision thereof shallaUer, amend or vary any term of this Aareement, whether or not either or both of the parties should remarry, It belnl understood by and between the parties that this Aareement shall survive and shall not be mersed Into any decree, jUdament, or order of divorce or separa tlon. 7.02. Incorporation Within Judllment. It is specifically aareed, however, that a copy of this Agreement shall be incorporated by reference Into a divorce, judsment or decree Issued to the parties herein. This incorporation, however, shall not be reprded u a merpr, It belnl the Intent of the parties to permit this A&reement to survive eny such judament. SIGNED, SEALED and DELIVERED In the presence of: ~ ~.~ ~ Q d'tA ;/?P~~ -- , (SEAL) (SEAL) . . . .. . " 't.~\ ~"~N' ft..,," , I" "'.: ,_ ~"!J.r: \ ., '. j, :((,W"'._ \," " . '. - .; , . , .' . , , . .... COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Before me, the underslaned authority, personally appeared Karen Irene Healy, known to me to be the person whose name Is subscribed to the forelloinl instrument, and upon oatA aclcnowledsed that she executed the foregolns document for the purposes and consideration therein expressed. Subllcrlbed and sworn to on this the . -c" J.. Ie day of . ,,1;;_A,o.l.I ~ , , 1984. (~/,)fdt1J ;'9?~/~ Id'.,1J ~ary public -?Ji.. My commission expires: BRENDA p, REBER, NOTARY PUBUC .., co....IUiOn EQlm JulY 17. 1917, HlIllsIlu,a. PfI Daupllln countY COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Before me, the underslaned authority, personally appeared Leo Butler Healy/ibbwn to me to be the person whose name Is subllcrlbed to the forelOlnl Instrument, and upon oath aclcnowledsed that he executed the forelOlnl document for the purpoles and consideration therein expressed. Subecrlbed and sworn to on this the 1~-lI' day Of-J., M1Lbt l . I , 1984. ~7 wI Notary Pub Ic My commission expires: l\i~l:i't E. rJw\, il~..\nY (~H..' My \.Omm.lllon ...;&iJlIII IMIdl ; I u.~ ....... I'l\ __ CUIY IN THE COURT OF COMMON PLEA~ OF CUMBERLAND COUNTY, PENNSYLVANIA ,.\,'~p \~'1 -"I (~ LEO B, HEALY, JR" Plaintiff I ) ) I I I I CUSTODY VS. NO, 96-6622 CIVIL TERM KAREN I, RICHMOND, Defendent ORDER AND NOW, thls..L day of \JAN'^(, , 1996, the Custody Concllletor hevlng referred the above case back to the Court for further action, hereby relinquishes jurisdiction of this matter, FOR THE COURT, MI~!.~ Custody Concllletor cc: Lori K, Serretelll, Esquire Constance p, Brunt, Esquire "~:'~.d:l\""",",,,,.. ~ II) ~.~ - ., l~ M ~' ..... ~ 0- q~ C- ~ ..:r .<'.{ii :=1"' I \lit:1 fe~ oc IJ~ :a: ~ -, ~ ..0 ...._~.. C1'