HomeMy WebLinkAbout95-06730
i,
,\-
.,
.\
~', :,; :; ,
~~f\'
~{~~",
'Grtli,J:~
,
-:
.. ,
Ul
c:r
I .
...... .... ....... ........ ... :<<0 .:c. .:c. 'lIe' ':c. '.. ':c. ':c. ':C'V':<<Od.:C,::'lIC':',:c..,';c. ... ... ....-"9!
. -- ---~ .
~ .
.:
8 IN THE COURT OF COMMON PLEAS 8
, .
. OF CUMBERLAND COUNTY .
8 '
, ~ .
· STATE OF PENNA. ·
: ~(" . .:i' ~
. .
* .
.:. . ~LIFI"OR.DALLEN PALM. III.... dd. 'I
~i N C). ""d""~::,,li,7..~O '"'''''''''''''' .
~ ..d.d.."d: *
* "
. Vel~tlK ~
*~~TH\, ANti PALM . ... 'dd. .di j
.1 i:i
. d III
. 8
.'\ ~
8,:
~ DECREE IN.L :
: D I V 0 R C E '^ ~: oC( P #\. .
, r.~1 -.2.~ <tJ,. ~
i ANDNOW~~,..,~"", 19....,., It is ordered and ~
, decreed that ..'" CJ.lF.FORD .ALLEN . PALM. . I.I I . . . . . , , . . , . . . . ., plaintiff, ~
.; d d d ·
, an.".. .....,.. . CATHY, .ANN, PALM,. ..,. ".,.. ,. ,.. , ,. .,..... efen ant, ~
~ are divorced from the bonds of matrimony. ~
. :.
" d II iii
. The court retains juris Iction of the fa owing claims which have a
. been raised of record in this action for which a final order has not yet ~
:~.n~nt.~.d;.. .. . . .. . . t.J~~.~. . .... . . . . . . . . . .... .. . ... . . .. . . .. . :
. . .. .. .. " .. " .. .. .. .. . .. .. .. .. .. .. .. . .. . .. .. . " .. .. .. .. . :
" ~
. ~
. '
: Ie . f" . /).,u ..,.LJ. ~
, '.Ut"J-t<!,~(' if,'~ ,r.--rM".~~ ~
, . 't-:?~I"(l ;:-- >>h;. il!Z . V' ~,
I / -/ hrolhonotnry
.! ~
!i.'c.-. .. ... ... .. ... .:c, ,.:":iC::ii'-::':-;:i:-::;;'- '.:~:'.:.:, ,:.;. ':~. ::.:' ':.:' ',:.:.--.:.:, '.:.:: ::':'" .:.:: -:~, .:.:: '.:.:: .:.::,~~
,',
3, WIFE'S DEBTS:
Wife represenlS and warranlS to Husband that since their separation on or about
November 21, 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 and demands madc against him by reasons of debts
or obligations incurred by her,
4. HUSBAND'S DEBTS:
Husband represenlS and warrants to Wife that since their separation on or about
November 21, 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
harmless from any and all claims and demands made against her by reasons of deblS or
obligations incurred by him,
5. OUTSTANDING JOINT DEBTS:
Husband and Wife agree that they have no oUlStanding deblS and obligations of the
Husband and Wife incurred prior to the signing of this Agreement. In the event that either party
contracted or incurred any deblS since the date of separation, the party who incurred said debt
shall be responsible for the payment thereof regardlcss of the name in which the account may
have been charged,
6, MUTUAL RELEASE:
Subject to the provisions of this Agreement, each party waives his or her right to alimony
and any further distribution of property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property in accordance with the Divorce
Code of 1980, as amended, 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 causes of action, claims, rights or demands whalSocver 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 of action for breach of any provisions of this
Agreement. Each party also waives his or her right to request marital counseling pursuant to
Section 202 of the Divorce Code,
~
ff.
CP
2
,
7. EOUlTABLE DISTRIBUTION Ofo' MARI1'AI. PROPERTY:
The parties have allempted to distribute Ihelr maritnl property in a manncr which
conforms 10 the criteria set forth in Seclion 40 I of the I'ennsylvania Divorcc Code. and taking
inlo account the following considerations: Ihe length of the mnrriage; the age, health, station,
amount and sources of income, vocational skills, employability, estatc, liabilities and needs of
each of the partle~; the contribution of ench party to the education, lraining or increased earning
power of the other party; the opportunity of each party for future acquisitions of capital assets
and income; the sources of income of both pllrlies' including but not limitcd to mediclll,
retirement, insurance or other benefits; the cOlllribulion or dissipation of each party in the
acquisition, preservation, dcpreclalion or apprcciation of the marital property, including the
contribution of each spouse as a homemakcr; the vnlue of the properly set apart to each party;
the standard of living of the parties established during the marriage; and the economic
circumstances of each party at the time Ihe division of property is 10 become effective,
The division of existing marital property is nol intended by the parties to constitute in
any way a sale or exchange of assets, funds or othcr property not constituting marital property.
The division of property under this Agreement shall be in full satisfaclion of all marital rights
of the parties.
A, DISTRIBUTION OF PERSONAL PROPERTY
The parties hereto mUlUally agree that they have effecled a satisfactory division of the
furniture, household furnishings, appliances, nnd other household personal property between
them, and they mutually agree that cach party shall from and after the date hereof be the sole
and separate owner of all such tangible personal properly presently in his or her possession,
The parties hereto have divided between themselves, 10 their mutual satisfaction, all
items of tangible and intangible marital property. Neither party shall make any claim to any
sucb items of marital property of either party. which are now in the possession and/or under the
control of the olher. Should it become necessary, the parties each agree to sign, upon request,
any titles or documents necessary 10 give effect to this paragraph, Property shall be deemed 10
be in the possession or under Ihe cOlllrol of either party if, in the case of tangible personal
property, the item is physically in the possession or conlrol of the party al the time of the
signing of this Agreement and, in the case of illlangible personnl property, if any physical or
wriUen evidence of joint ownership, such as passbook, checkbook, policy or certlticatc of
insurance or other similar writing is inlhe possession or l~ontrol of the party, Husband and Wife
shall each be deemed to bc in the possession and conlrolof his or her own individual
~
f2..
CP
3
..
.
10. PENSION PLAN:
The parties release any interest in the opposite spouse's Pension accumulated during the
marriagc.
II, COUNSEl, FEES AND EXPENSESl
Ilusband and Wife Acknowledge and agree that the provIsions of this Agreement
providing for the equilable distribution of marital property of the parties arc 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 settlement and satisfaction of all claims and demands that either may
now or hereafter have against the other for alimony pendente lite, counsel fees or eKpenses or
any other provisions for their support and maintenance before, during and after the
commencement of any proceedings for divorce or annulment between the parties,
12. WAIVERS OF CLAIMS AGAINST ESTATES:
EKcept as herein otherwise provided, each party may dispose of his or her property in
any way. and each party hereby waivcs 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 estate of the other as a result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the
will of the other. and right to act as administrator or eKecutor of the others estate. Each will,
at the request of the other, eKecute, acknowledge und 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,
13. CUSTODY OF CHILDREN & DEPENDENCV EXEMPTIONS:
The parties shall share legal custody of their minor child, Keana Josephine Palm
(DOB: 10-11-88), Both Wife and Husband shall have full access to all information concerning
the minor child including, but not limited to; medical information, educational information,
counselors, teachers. etc. Both parents shall be informed of important medical, educational,
religious and other matters affecting the minor child und shall input into decisions such mattcrs,
Wife shall have primary physical custody of Keana subject to Husband's right of custody
under the following partial custody agrcement:
(a) Alternating weekends from Friday at 5:00 p.m. to Sunday at 7:00 p.m.;
and every other Wednesday from 3:llOp,m. to 8:00 a,m, Thursday morning,
(b) One half (1/2) day on the child's birthday:
qt
ff
CP
5
...
.
. ,
(c) Christmas shall alternate with one party having the children on Christmas Eve
until noon on Christmas Day and the other party from noon Christmas Eve
until 9:00 p,m, December 26; all other holidays shall rotate with Husband
having visitation on Easter, Fourth of July and Thanksgiving in even numbered
years and Wife shall have custody on New Years Day, Memorial Day and
Labor Day, In odd number years this arrangement will be reversed.
(e) Two (2) weeks during the summer;
(I) And as the parties may mutually agree from lime to time,
(g) I f either party decides to relocate and relocalion would nccessitate a change
in the custody schedule, or if the relocation would exceed a SO mile radius, the relocating party
will give the other party a minimum notice of sixty (60) days to allow for renegotiation of the
Agreement as to custody.
14. SUPPORT:
Both parties waive any right to support,
IS, SUBSEOUENT DIVORCE:
Husband has filed a no-fault complaint in divorce against Wife. Husband and Wife each
agree to sign an affidavit of consent to be filed in said divorce action, In the event such divorce
action is concluded, the parties shall be bound by all the terms of this Agreement which may be
incorporated by reference into the Divorce Decree, shall not be merged into the Divorce Decree,
and shall not be modified, but shall in all respects survive the same and be further binding and
conclusive upon Ihe parties, It is the intention of the parties that the Agreement shall survive
any action for divorce which may be instituted and prosecuted by either party and no order,
judgment or decree of divorce, temporary, final or permanent shall affect or modify the financial
terms of this Agreement, This Agreement may be incorporated in but shall not merge into any
such judgment or decree of final divorce, but shall bc incorporated for the purposes of
enforcement only,
16, BREACH AND ENFORCEMENTl
If either party breaches any provision of this Agreement, the other party shall have the
;i~at his orlQ election, 10 sue for damages for such breach, or seek olhcr such remedies
~ CP
6
I .
.
1
i
I
I
I
I
,
I
I
"
I.
I
I
I
.
or relief as may be available to him or her, and the party breaching this Agrecmelll should be
responsible for payment of legal fees and costs incurred by the other in enforcing his or her
rights under this Agreemelll.
A, It is expressly understood and agreed by and between the parties hereto that this
Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties
hereto agree that ifan 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 adequatc remedy at law, the parties to not illlend or purport
hereby to improperly confer jurisdiction on a Court in Equity by this 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 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
trial so as to expedite the hearing and disposition of such case and so as to avoid delay.
C. Each party further hereby agrees to pay and to save and hold harmlcss the other party
from any and all allorney's fees and costs of litigation that either may sustain, or incur or
become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default
or breach by the other of any of the 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 seeks to recover such allorney's fees, and costs of litigation must first be successful in
whole or in part, before there would be any liability for allorney's fees 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 lees incurred by
himself or herself as well as the other party in endeavoring to protect or enforce his or her rights
under this Agreement.
17, ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the request of the other,execute,
acknowledge and deli vcr to the othcr party any and all further instruments that lIIay be
reasonably required to give full force and effect to the provisions of this Agreemclll,
cd ~
7
.
~
18, VOLUNTARV EXECUTlONl
The provisions of this Agreement and their legal effect have been completely reviewed
by the parties, 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 innuence. The parties acknowledge that they havc been
furnished with all information relating to the tinancial affairs of the other which has been
requested by each of them,
19, ENTIRE AGREEMENT:
I
I
I
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 division and distribution of marital and separate property are fair, equitable and
satisfactory to them based on the length 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 division of property in lieu of and in full and tinal selllement 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
Section 40\(d) of the Divorce Code or any othcr laws. Husband and Wife voluntarily and
Intelligently waive and relinquish any right 10 seek a court
ordered determination and distribution of marital 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 any provision of this Agreement,
j
,
'I
<i
,
I
','I
.,1
',I
i
20, DlSCLOSUREl
Husband and Wife each represent and warrant to the other that he or she has made a full
and complete disclosure to the other party of all assets of any nature whatsoever in which such
party has an interest, the sources and amount of the income of such party or every type
whatsoever and of all other facts relating to the subject mailer of this Agreement,
21. MODIFICATION AND WAIVER:
ii
"
A moditication and 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 eithcr party to insist upon strict performance of any of the provisions of this Agreement shall
not be construed as a waiver of any subsequent default of the same or similar nature.
,
! j
~
fi
CP
8
. .
,
!
,
22, PRIOR AGREEMENT:
It Is understood and agreed that any and all property settlement agreements which may
or have been executed prior to the date and time of this Agreement are null and void and of no
effect,
23, DESCRIPTIVE HEADINGSI
The descriptive headings used herein are for convenience only. They shall have no effect
whatsoever In determining the rights or obligations of the parties,
24, INDEPENDENT SEPARATE COVENANTSl
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and Independent covenant and agreement,
25. APPLICABLE LAW:
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania,
26, VOID CLAUSES:
If any terms, conditions, clause or provision of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall
be valid and continue in full force, effect and operation,
27, AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
~
:fQ
CP
9
",
IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and
year first above wrillen,
(SEAL)
~~~Q.,
CATHV ANN PALM
COMMONWEALTH OF PENNSVLVANIA
(SEAL)
:55:
COUNT\' OF CUMBERLAND
Sworn to and subscribed by Clifford A, Palm.lII and Cathy Ann Palm after h&t substantially
proven their identities and having appeared before me a notary public on ~ J /9 9(..,
signed this document as their willing and voluntary act & deed,
. jj'lJf~/Of.~
Notary lie
Notarial Seal
Wendy J, OIII1rt1[1Q, N~ PublIc
SlIvIf SfllI!lll TwI!" ~ CounlY
My~I"II..W\ElplrMSIpI.a7f 1119
10
7;. 1'"' ~.
~1_ u: '~~
,... r.":"
UJr! ,.1 , ,.'
.
(J",
\'" '
1- -\ t.'-
\-r,:'" "
~\ c' \
L -
..._J,. ,,, '" I
\.. I. . ',! ~:-
\"
.. l,..:: ~
\I. ID
\....) lil U
,
.
"
..
" .
.
..
u.\zLE'lT" OI!S11!RUNO
.\TnlMNh"lI Ar lAW
U~ I.INIM IIRIVIi
MU'IlANII'MIl'MU, I'A 11l1\.\
C1I11 7IJlUW.J
tlOV :'I)'i'I~:) ~
IN THE COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
.~\
"
:~
Ii
CUFFORDALLEN PALM, III
Plaintiff,
No, 95- (,,'130 (!~ .:r~
.~
v.
Civil Action - Custody
CArny ANN PALM
Defendant
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby dlrt&tcd..,~~ 1 I.J Mo.~
the parties and theJ.rJ.r.sJpec:tlve counsel appear before ~ s: SiA.rok.y ~, , die ;vt;C:'--J'
Conciliator, on the1l!ll- day of JC:,,..w.I'/ , 19 at ~""'!m at
, for a Pre-Hearing Custody Conference,
At such Conference, 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. All children age five or older may, at the request of either attorney or
party, be present at the Conference. Failure to appear at the Conference may provide
grounds for the entry of a temporary or permanent Order,
FOR THE COURT
Date of I
Order: ;)-Lf...)-
By:
o~
.rd../~~c~,
Custody Con iator ~
xli
~._., ,,"_:J~-:.,,~~~~~[~~~#,,Z~i1~1L~'l' :~';', ~'.:
:,~:j,i.:;;;.~",:-:-:o__-,
..,n_. ~_..___..,,'. "; ..,",__~.....""~..;."-H...;.,,,,,*1o<
"
..
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYERAT ONCE. IF YOU DO NOT
HAVE A LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONETHEOFFICE
SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Court Administrator
I Courthouse Square
Carlisle, PA 17013
Telephone No, (717) 240-620
AMERICANS WITH DISABIUTIESACT OF 1990
The Court of Common Pleas of Cumberland County Is required by law to comply with
the Americans with DlsabllitiesAct of 1990, For information about accessible facilitlesand
reasonable accommodations available to disabled individuals having business before the Court,
please contact our office. All arrangemen15 must be made at least 72 hours prior to any
hearing or business before the Court. You must attend the scheduled conference or hearing.
B'
Lee E, Qcsterllng, Esquire
Attorney 1.0,' 71320
125 Linda Drive
Mcchanicsburg, PA 17055
(717) 790-0490
Attorney for Plaintiff
xlii
'.:::....:..r:,;,;'.-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CUFFORDALLEN PALM, III
Plaintiff,
No,
v,
Civil Action - Divorce/Custody
CAnty ANN PALM
Defendant
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the fol1owlng pages, you must take prompt action, You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court, A judgment may also be entered against you for any other claim
or reliefrequested In these papers by the Plaintiff, You may lose money or property or other
rights important to you, Including custody or visitation of your children,
IF YOU DO NOT FILEA CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'SFEESOR EXPENSESBEFOREA DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IFYOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FINDOUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY COURT ADMINISTRATOR
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
USTBD HA Sloo DEMANDAOO EN LA CORTE. Si desea defenderse de
las quejas expuestaS en las paginas siguientes, debe tomar accion con
prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted
y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la
Corte. Una decision puede tambien ser emitida en su contra por cualquier
otra queja 0 compensacion reclamados por el demandante, Usted puede
perder dinero, 0 propiedades u otros derechos importantes para usted,
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lisla de
consejeros matrimoniales esta disponible en la officina del Prothonotary, en
la Cumberland County Court of Common Pleas, 1 Courthouse Square,
Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALlMENTICIA. PROPIEDAD
MARITAL. HONORARlOS DEABOGADO U OTROS GASTOS ANTES
DE QUE EL DECRETO FINAL DE DlVORCIO 0 ANULlAMIENTO SEA
EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR
CUALQUlERA DEELLOS.
USTEDDEBELLEVARESTEPAPELA UN ABOGADO DEINMEDlATO,
SINO TIENEO NO PUEDEPAGAR UN ABOGADO. VAYA 0 LLAME
A LA OFFICINA INDlCADA ABAJO PARA AVERIGUAR DONDE
PUEDEOBTENER ASISTENCIA LEGAL.
OFFICE OF THE COURT ADMINISTRATOR
I Courthouse Square
Carlisle, PA 17013
S. Neither Plaintiff nor defendant is in the military or naval service of the United States
or lis alllcs within thc provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress
of 1940 and lis amcndments,
6. There have been no prior actions for divorce or annulment instituted by either of the
partics in this or any other jurisdiction,
GROUNDS FOR DIVORCE
7. Forpurposes of f 3301(d) of the Divorce Code, the parties have been livingseparate
and apart since November 20, 1995,
8. The marriage is irretrievably brokcn.
9. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to requcst that the court require the parties to participate in counseling,
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, or Plaintiff intends to file an affidavit seeking a unilateral
divorce pursuant to f 3301(d) of the Divorce Code, after the date of the filing of this
Complaint.
11. The parties have not entered into a written agreement 3S to support, custody,
visitation of thcir child, alimony or property division,
v
'.
"
12. Plaintlffavers that there are children of the parties under the age of 18, namely:
Keana Josephine Palm who was born on October II, 1988.
~~11'
fi
COUNT I
REQUEST FOR A NO-FAULT DIVORCB UNDER I 3JOI(c) OF TIlB DIVORCB CODB
13. The prior paragraphs of this Complaint are incorporated herein by reference
thereto.
14. The marriage of the parties is irretrievably broken,
WHBRBFORB. if both parties file affidavits consenting to a divorce after (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 A 3301 (c) of the Divorce Code,
vi
'0 0,
COUNT n
COMPLAINT FOR CUSTODY
IS, The prior paragraphs of this Complaint are incorporated by reference hereto,
I
,
16. Plaintiff seeks custody of the following child:
''f
Name
Present Residence
Age
Kcaaa JoIcpbiDe Palm
19o1 PriDceton Ave.
Camp Hill. PA 1"1011
7 yn.
17. The child was not born out of wedlock.
18. The child is presently in the custody of Defendant.
19, During the past five years, the child has resided with the following persons and at the
following addresses:
Person Address Dates
Clifford A. Palm, III 104 FIcctwood Ave. 11-20-9l) to prcICnt
Mcchanicsburg, PA I70SS
Cathy A. Palm 1901 Princeton Ave. 1l-20-9S to pl'ClCnt
Camp Hill. PA 17011
vii
,"'"
20. The mother of the child is Cathy A. Palm, who currently resides at 1901 Princeton
Ave. Camp Hill, PA 17011.
21. She is married but \Iving seperate and apart,
22. The father of the child is Clifford A. Palm, 111, who currently resides at 104 Fleetwood
Ave, Mechanicsburg, PA 17055.
23. He is married but living seperate and apart,
24. The relationship of plaintiff to the child is that of father.
25. The plaintiff currently resides with the following persons:
Name
Relationship
Nolle
26. The relationship of defendant to the child is that of mother.
27. The defendant currently resides with the following persons:
Name Relationship
ADD WaIIh
JIIIICI WaIIh
ModIer
StqJfather
viii
'.
28. Plaintiff has not participated as a party or witness. or in another capacity, in other
litigation concerning the custody of the child in this or another court.
a. Since the birth of the child, Plaintiff has provided and continues
to provide a stable living environment.
29. Plaintiff has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth.
17. 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.
18. The best interest and permanent welfare of the child will be
served by granting the relief requested because:
b. Plalntiffhas been the primary custodian and caregiver of the child
since birth including preparing and feeding the child's meals,
taking the child to and from school, helping the child with
homework, arranging for medical care, assisting with hygiene and
other routines of daily living.
c. Plaintiff has maintained a relationship with the child that has
provided a sound and stable environment for the physical,
intellectual, emotional and spiritual well being of the child.
d. Defendant has a history of severe depressions which include
hospitilizations for attempted suicide.
e. Defendant presently is under treatment for depression and has
shown a history of alcohol and drug usage which is
contraindicated given her Illness and the fact that she is taking
prescription medications for depression.
ix
, .
'.
f. While pregnant with the child, Defendant attempted suicide by
overdosing on medications and was subsequently hospitalized.
g. During the course of the marriage and at the time of seperation,
Defendant was verbalizing suicidal ideations including, " I wish
1 was dead" and" I wish someone would just kill me and get it
over with."
h. Consequently, Defendant's illness has incapacitated her to the
point where she is unable to work and unable to care for herself
or the couple's minor child.
,.
i. Since seperating from Plaintiff on November 20, 1995,
Defendant has denied Plaintiff any contact with the child and
Defendant's relatives have threatened Plaintiffwith physical harm
to prevent him from having any contact with the child,
j. Plaintiff believes and therefore avers that since there seperation
Defendant has left the child in the custody of her brother-in-law,
whom Defedant has identified as an individual who molested her
as a child.
k. Plaintiffisable to offer a living environment that restores a stable
and familiar status quo that presents no threat to the child's
physical or emotional well being.
19. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action. All other
persons, named who are known to have or claim a right to custody or visitation of the child
will be given notice of the pendency of this action and the right to intervene:
Name
Address
Basis of Claim
NONE
x
, ,
,"
;.:;.
;'-~;;~ '
~ff1 '
"",~
-:i~
t'r
M~' .
t;"'.
~~l
-~~
"'tl
It ,I .
"
WHIlRBFORIl, plaintiff, Clifford Allen Palm, III, requests the court to grant custody of thc
child.
Respectfully Submitted,
HAZLBTf.t OESTBRUNG
,
,
b . ~
Lee E. OcIter ng, Esquirc
Attorney J.D.N 71320
125 Linda Drivc
Mcchanicsburg, PA 17055
(717) 790-0490
I
Attorney for Plaintiff, Clifford Allen Palm, III
,.,-
"-,
ALED-OFACF.
OF'm: FT:()nIO~\IOTIJ1Y
9G FEO -9 PII 2: 1,6
CU!,:fJcnUhU CUJNlY
PENNSYLVlu~l'I\
~ ~
N
-
~
~
. .', .
. .' ...
, I. .
~ r-- (::
Lr. -,
.~
,~;, :':)..,r
~9 Q~)
U.'.'
0 ,'- ::'::
Fh O~
-r-:~ . -"'-~
9c;c, '=' w, ~ I")
@li: ~:r:r:~
~~k~ 1- IIIBJ
'-' (no-
~~ CJ ::)
1I. '0
0 "" U
." ..
. ...
- .'
, 'I
~';'~:: -
r.r~. ..
J~'
~'. j, '
,,,;'~".
\~;'{'
:?',;I,?
_:,-,t'i'
l~?.~
I\',:,: ..
Jr.f/!:j
"'",~ '
;,'9\"'."
....,t",.
V'.Ii. '
''1;~t&:'i'
l"l-~r~
5,-;: .:
,-,;..:,.!t:"
-~H'
.!~", '
~ .t.:.'!,"
J' "
~,\~,~: .
i<"~~lt
..I'i,
!.:,$'..
.:-t'
" -\i:~i_ ,"a:
. 'c;"'.;;!jI.\'<.:!t.\,
. ,\....1;: ~-Hjtifl':.: .
" ,~.,'h/~ , \'
"'''''''\';';-'l
i - ":-, !':'':.:~>>:\l,f~
., :';- :iI't~i
. ::,:';;\'\,\Y"'l
,'",$.C' 'Iii I,
o {.,hr;~'~,""
./' ,<(,(:t:, '1
'..\I:,.......;1"~j_".4
; -,,"tr;r.:,-,;~
o '\"}I."~'~;\;'
:" '::!~~~4'
: !f{~?.. j~l:'
.....,.1~..~i.
'\';i'tJ~::,lt:[JJl .
','., -,L:'....,..~., \
,: ,,'t' \ ' ~;',,',' ,-', "'
1)1,\ ,"'"1 ,'"
. _1J, i.'~t.,~~l 'I,' '~:y"i
i-~' ":~\':.- '~,\,_tl'
. :"')'~:':":';:t~~i'
({~~~~!;'-"1:~~~1.' -~~
, ".O:;'~.(.~~f'll,:- ,
'::I/I,f/\ ,1
""",;:Y.t.-~.__l
. \'~'_."td\!5!;'l '~>it
1- '<';,~~'~:-F~l:~~S:!
',' ..::~ ,;\\::~\ ~ j
DEFENDANT'S AFFIDAVIT OF CONSENT &I WAIVER OF NOTICE TO REQUEST:,'~f~E~~;
ENTRY OF'DlVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE ,:,~~h'J:'icr:,?~
;":: ';~~:~:',):~~~i,~;~J
1. A Complaint in divorcc undcr ~ 3301(c) of thc Divorcc Codc was filcd on 11-28-95. ';!~;:t~:l.~;$.it
2. Thc marrlagc of plain~iff and dcfcndant is irrctricvably brokcn and nlncty days havc':'{~~;~~~~~
clapsed from thc datc of Service of the Complaint.,'~!.i'\;,;.B'~;~
,""i-;...;'t':':~A"i
';:'" r_~~.......:r\"
3, 1 consent to the cntry of a final decree of divorcc without noticc. .;, ,~~i~~~'~
,'!l~"""f'~i"
.. . .: ~,~;t.::%,~..~,:;ilJ'1
4. I undcrstand that 1 may lose rights concerning alimony, division ofpropcrty, lawycr's fees ':~l"'Y'-(~;li~
or cxpenses if 1 do not claim thcm before a divorce Is grantcd. ';~Y~I;~;i~~;
_ ,.:.)t.::~~"i,';~'
S. 1 undcrstand that I will not bc divorced until a divorce dccrce is cntcrcd by the Court and, ":...;::~;;m
that a copy of thc dccrcc will bc sent to me immediatcly aftcr it is filcd with thc prothonotary. ,;',,;-~'}W~
f . . '- ! ~.:;,>~.\ ::OC>';,,;'ft'
1 vcrlfy that thc statcmcnts made in this affidavit are truc and corrcct. I undcrstand that falsc "<':", "":'.
statemcnts hcrcln arc madc subject to the penal tics of 18 Pa.C.S. A 4904 rclating to unsworn " "":;,:f'
falsification to authoritics. . " ';':{:;'
. .\~).;;S;~~:.f
,,' .,q"';\iI)!
. .. ,/;,,,i;\'l;\~Tj
.:'.1
'J
. ~.' .~,
.. t J ..
.' .,
. -. .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CLIFFORD A. PALM, III
Plaintiff,
No.
95.6730
v.
Civil Action - Divorcc
CATHY A. PALM
Defcndant
Date: '!-n - 96
~-, ( ~__,,(J2;:- .,,-.&
ATHY A, PALM (Defendant)
Allorncy for Defendant
,'d... ,"
j"r:~t '
';i
" '-~l
...;,
'.
, '",~l,',~;~l;\::':'l...:J
".' ,.,.-.,,0"":'1
. ",: .': l~ :,~, :
',; .,~ ; , ,
"h"/: "
....-
,
.-,._.'....
,--
..
':'.-/
.... ,.... -
b-; ..:;; ,
-,
t-': ~;;S
c~
UJ.-.
I,.J" )~~
10(
-'-' ,..... ~
1.-' ~ ~.;!
~l-' :-:::1 '(J)
, c-: !~
:[oc
['~" ' .. .if:l
1_ .,' " ~n.
I" ,
II. L'"J ;J
0 \,.i\ t.)
"'
.
-".,
, I
.
. .'
,
.
" ..
CATHY ANN PALM,
vs.
Petitioner,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6730 Civil Term
CLIFFORD ALLEN PALM III,
Respondent.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE
AND NOW comes Defendant, CATHY PALM, by and through her
attorney, Gerald S. Robinson of Robinson' Geraldo and answers
Plaintiff's Complaint in Divorce and in support thereof avers:
1. Paragraph 1 is denied. Plaintiff's current address is 4085
Seneca Avenue, Camp Hill, Cumberland County, Pennsylvania.
2. Paragraph 2 is denied. Defendant resides at 104 Fleetwood
Avenue, Mechanicsburg, Cumberland County, Pennsylvania.
3. Paragraph 3 is admitted.
4. Paragraph 4 is admitted and denied. It is admitted that the
parties were married on May 6, 1986. The parties were not married in
the City of Denver, but in the City of Aurora.
5. Paragraph 5 is admitted and denied. It is admitted that
Defendant is not a member of the armed forces of the United States.
Plaintiff, however, from 1986 until 1989 was an active member of the
Armed Forces and from 1989 until the present is a member of the Air
National Guard.
6. Paragraph 6 is admitted.
"
,
, I
;
i
Jo.ephine Palm, currently resides at 104 Fleetwood Avenue,
M.chanicsburg, Pennsylvania.
17. Paragraph 17 is admitted.
18, paragraph 18 is admitted.
19. Paragraph 19 is denied. The child resided at the following
re.idencesl
a. 104 Fleetwood Avenue, Mechanicsburg, Pennsylvania from
1991 until November 20, 1995, with Plaintiff and Defendant.
b, 1901 Princeton Avenue, Camp Hill, pennsylvania from
November 20, 1995, until December 2, 1995, with Defendant.
c. 104 Fleetwood Avenue, Mechanicsburg, pennsylvania from
December 2, 1995, until the present with Defendant.
20. Paragraph 20 is admitted and denied. It is admitted that
the mother of the child is Cathy Palm. It is denied that she i.
residing at 1901 Princeton Avenue, Camp Hill, pennsylvania. Her
current address is 104 Fleetwood Avenue, Mechanicsburg, Pennsylvania,
21, Paragraph 21 is admitted.
22, paragraph 22 is admitted and denied, It is admitted that
the father of the child is Clifford Palm III. It is denied that he
is residing at 104 Fleetwood Avenue, Mechanicsburg, pennsylvania. He
resides at 4085 Seneca Avenue, camp Hill, pennsylvania.
23. Paragraph 23 is admitted.
24. Paragraph 24 is admitted.
25. Defendant lacks the knowledge or information to form a
belief as to the truth of the averment.
26. paragraph 26 is admitted.
"
27. Paragraph 27 is denied. Defendant currently resides alone
with the parties' minor child.
28. Paragraph 28 is admitted.
29. paragraph 29 is admitted.
17. (misnumbered by plaintiff). Paragraph 17 is admitted.
18. paragraph 18 is denied.
a. paragraph l8(a) is denied. To the contrary, Defendant,
as the primary financial provider for the family, the party who
maintained the upkeep of the marital residence, and the
actively-involved mother of the child, has provided a stable living
environment for the Parties' minor child.
b. Paragraph l8(b) is denied. To the contrary, Defendant
has been the primary custodian and caregiver of the child since
birth. She has cared for the child in every aspect on a daily basis.
c. Paragraph l8(c) is denied. To the contrary, Defendant
has provided a sound stable environment for the physical,
intellectual, emotional and spiritual well being of the child.
d. Paragraph l8(d) is admitted and denied. Defendant
specifically denies a history of severe depression. Defendant admits
that she has been under the care of the professionals at Holy spirit
Hospital on occasion in the past.
e, Paragraph l8(e) is admitted and denied. Defendant is
voluntarily participating in counseling for past struggles with
depression. However, Defendant has in no way exhibited a history of
alcohol and drug use.
f. Paragraph l8:f) ia admitte~. By way of further
explanation, Defendant waa unaware of her pregnancy at the time,
g. Paragraph l8(g) ia denied. Plaintiff ia taking
sarcastic commenta out of context in an effort to harm Defendant's
credibility.
h, Paragraph l8(h) ia denied, It ia apecifically denied
that Defendant ia incapacitated to the point where ahe ia unable to
work and care for heraelf. Defendant waa the primary financial
provider for the partiea when they lived together, aupporting
Plaintiff and the Partiea' minor child aa Plaintiff completed
collegiate atudiea.
i, Paragraph l8(i) ia denied. It ia apecifically denied
that Defendant or her relativea have threatened Plaintiff with
phyaical harm. Since the Parties' separation, Defendant aought and
obtained a temporary protection from abuse order againat Plaintiff
that granted her primary phyaical custody of the child, and denied
Plaintiff any viaitation righta pending further order of court.
Defendant'a actiona were strictly in accordance with the order
decreed by this Honorable Court.
j. Paragraph l8(j) ia denied. Defendant haa personally
cared for the minor child aince the Parties' aeparation.
k. paragraph l8(k) is denied. Defendant has and ia
currently providing a stable environment for the minor child on a
daily baais in the home that has been the child's residence aince
19~1.
"
19. Defendant lacks ths knowledge or information to form a
bslief as to the truth of the averment.
WHEREFORE, Defendant respectfully requests this Honorable Court
to deny Plaintiff's request for custody.
COUNT III--EOUITABLE DISTRIBUTION
20. The Plaintiff incorporates all the foregoing paragraphs by
reference as fully set forth herein.
21. During the marriage, Plaintiff and Defendant have acquired
various items of marital property, which are subject to equitable
distribution under Section 3502 of the Pennsylvania Divorce Code of
1980, as will be fully set forth in the Plaintiff's Inventory and
Appraisement to be filed pursuant to the Pennsylvania Rules of Civil
Procedure,
22. Plaintiff and Defendant have been unable to agree as to an
equitable division of marital property.
WHEREFORE, Plaintiff requests your Honorabl~ Court to equitably
divide all marital property.
Respec fully Submitted,
By
Gera S. Ro nson, squ
Attorney 1.0. No. 27423
ROBINSON , GERALDO
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
CERTIFICATE OF SERVICE
~ I, aerald S. Robinson, Esquire, do hereby certify that on the
./'-- day of December 1995, I caused a true and correct copy of
Dilindant's Answer to Plaintiff's Complaint in Divorce to be served
upon the following counsel of record by first class mail by
depositing s.me in the United States Mail, postage prepaid, in
Harrisburg, Pennsylvania:
Lee E. Oesterling, Esquire
125 Linda Drive
Mechanicsburg, Pennsylvania 17055
Respectfully Submitted,
BY~~
Gerald S, Robinson, Esquire
ROBINSON , GERALDO
Attorney I.D. No, 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Defendant
CLIFFORD ALLEN PALM, III,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-6730 Civil Term
CATHY ANN PALM,
Defendant.
CIVIL ACTION - DIVORCE/CUSTODY
ORDER
AND NOW, this
day of December 1995, upon consideration of
Defendant's Petition for Injunctive Relief, an injunction is ordered
against Defendant as follows:
1) Plaintiff is prohibited from incurring any additional credit
card debts, pending resolution of the Parties' equitable distribution
matters,
2) Plaintiff is prohibited from obtaining any new credit cards,
pending resolution of the Parties' equitable distribution matters;
3) Plaintiff is directed to assume sole responsibility for
immediate repayment of any and all credit balances incurred since
November 20, 1995, and
4) Plaintiff is directed to indemnify and hold Defendant
harmless for any claim made against her relative to the credit card
debts Plaintiff has incurred since November 20, 1995.
BY THE COURT:
J.
CLIFFORD ALLEN PALM, III,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-6730 Civil Term
CATHY ANN PALM,
Defendant. : CIVIL ACTION - DIVORCE/CUSTODY
AND NOW, this
RULE TO SHOW CAUSE
~
I ( day of December 1995,
upon consideration of
Defendant's petition for Injunctive Relief, Plaintiff is hereby
ordered to show cause, if any, why the requested relief should not be
granted.
Rule returnable
S-~J
~
~t e.e..
.
BY THE COURT:
~\r.'''l'l"J:I "
',jN<i I \ \~;:}i.\ O?~;f'\oJ
)J\'\(\Q':J G,." "
\ \ 'j}11 SS
~Q II) \\d
.. \' .1':1
,... \ 1 ~ .', .... ..
" t.I~Ci..\CJ\-\~\';"'~~1d
"Uj ?;J~O"'"
"4
t~:';'t
;;'~l""
')-''-': -"
~:f!
'i\;'j
=41
~~~:,'
'<,'C"
~j:l>;-'~
.,,-,
v;;,'.J;~~
~~/; 1
:i:']'.j
'}~r~J
:H"/;
;t'}J':..
C/',
'~i:;'\,:
;fq;
~i.;.l
;<".j
~Hl
CLIFFORD ALLEN PALM, III,
Plllintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO. 95-6730 Civil Term
CATHY ANN PALM,
Defendant.
CIVIL ACTION - DIVORCE/CUSTODY
PETITION FOR INJUNCTIVE RELIEF
AND NOW comes Defendant, CATHY PALM, by and through her
attorney, Gerald S, Robinson of Robinson' Geraldo and respectfully
requests this Honorable Court to enter an order for injunctive
relief, and in support thereof avers:
1, Plaintiff is Clifford Allen Palm, III, an adult individual
who currently resides at 4085 Seneca Avenue, Camp Hill, Pennsylvania,
2. Defendant is Cathy Ann Palm, an adult individual who
currently resides at 104 Fleetwood Avenue, Mechanicsburg,
Pennsylvania.
3. On or about November 20, 1995, Plaintiff and Defendant began
living separate and apart,
4. On or about November 27, 1995, Cathy Palm filed a Petition
for Pro~ection from Abuse against Clifford Palm with this Honorable
Court docketed at 95-6707 Civil Term.
5, On or about November 27, 1995, a temporary protection from
abuse order granting Cathy Palm exclusive possession of the marital
residence and primary physical custody of the Parties' minor child
was entered.
6, On or about November 28, 1995, Plaintiff filed a complaint
in divorce with this Honorable Court.
7. On or about December 7, 1995, Defendant filed an Answer to
Plaintiff's Complaint in Divorce adding a count for Equitable
Distribution.
8. Since November 20, 1995, (the date of separation) Plaintiff,
by way of purchases or cash advances, has incurred credit card debts
equal to the credit limit of the parties' jointly titled credit
cards. Defendant believes Plaintiff has charged an amount in excess
of $24,000.00 on various jointly-titled credit card accounts.
9. Since November 20, 1995, Plaintiff has made application for
and has received new credit cards titled in Defendant's name only.
Defendant believes plaintiff intends to utilize the maximum credit
limits on these new cards as well.
10. Plaintiff's purchases and cash advances were not made with
Defendant's consent, nor were they made in an effort to promote the
Parties' needs or best interestsl Plaintiff's actions are being made
in an effort to retaliate against Defendant for seeking protection
from abuse from this Honorable Court.
11. Defendant has reason to believe that plaintiff is purchasing
items with credit all the while intending to file for bankruptcy.
12. Defendant's lending credibility and credit history are being
unjustly jeopardized by Plaintiff's actions.
WHEREFORE, Defendant respectfully requests this Honorable Court
to issue an injunction to:
1) prohibit plaintiff from incurring any additional credit card
debts, pending resolution of the parties' equitable distribution
mattersl
VERIFICATION
I verify that the statements made in the Petition for Injunctive
Relief 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.
~~~~~t
-
~
Ii'-
f
<:..
.'
it<
,~
~~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CLIFFORD ALLEN PALM, III
Plalntlff/Respondcnt,
No. 9S-6730
v.
Civil Action - Divorce/Custody
CATHY ANN PALM
Defendant/PetltiollCr
NOTICE TO PLEAD
To: Cathy Ann Palm
You arc hereby notified to filc a written response to the enclosed Preliminary Objections and New
Matter within twcnty (20) days from service hcreof or a judgment may he cntered Illalnst you.
HAZLE1T '" OESTERUNG
Attorney for Plalntlft/Respondcnt
.
\.
."",;-~~;.1:"':;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CLIFFORD ALLEN PALM, III
Plaintiff/Respondent,
No, 95-6730
Civil Action - Divorce/Custody
v,
CATHY ANN PALM
Defendant/Petitioner
JULE TO SHOW CAUSE
AND NOW. Comes Plaintiff. Clifford Ailen Palm, 111, by and through his attorney. Lee E. Oesterling,
Esquire, to show cause why Defendant/Petitlonl:rs Petition for Injunctive relief should not be granted.
ANSWER TO PETITION FOR INJUNCTIVE RELIEF PRELIMINARY OBJECTIONS
AND NEW MATTER
1. The averment In paragraph 1 of Defendant's Petition Is admitted,
2. The averment in paragraph 2 of Defendant's Petition Is admitted,
3. The averment in paragraph 3 Is admitted,
4. The averment In paragraph 6 is admitted.
S. The averment in paragraph 7 Is admitted.
6, The averments in paragraph 8 are Admitted in part and Denied in part. It Is admitted that
plaintiff has taken cash advances against credit cards since the date of separation for expenses related to
necessaries, however, It is specificaily denied that Plaintiff/Respondent has Incurred any debts on jointly
held accounts In excess of $t200,OO since the date of separation. By way of further answer, this money
was an offset to $1049.00 and an additional $200-$300 In overdraft fees related to Defendant's
liquidation of the panies jointly held checking account on November 24, 1995 without Plaintiff's
knowledge or consent.
7. The averments In paragraph 9 are Denied, It is specifically denied that Plaintiff/Respondent has
made application for or received any credit cards In defendant's name only,
8. The averments in paragraph 10 contain Defendant/Petitioner's characterizations of the alleged
fact and conclusions of law to which no responsive pleading Is required and proof thereof is demanded
at time of trial.
9. The averments in paragraph II are Denied. While Plaintiff and Defendant mutually discussed
their financial options prior to separation, It is specitically dcnled that Plaintiff/Respondent has made any
purchases . all the while Intending to tile bankruptcy." By way of funher answer, it is
Defendant/Petitioner who appeared at Plaintiffs current residence on or about December 12, 1995 and
informed Plaintiff/Respondent that she was unable to pay her attorney or meet her expenses and was
therefore had already decided to tile for bankruptcy.
10. The averments in paragraph 12 contain Defendant/Petitioners characterizations oftbe ultimate
issue and therefore conclusions of law and proof thereof is demanded at time of trial.
WHEREFORE, Respondent respectfully requeslll that In consideration of the answer to show cause that
this honorablc court deny Petitioner's Motion for injunctive relief.
PLAINTIFF'S PRELIMINARY OBJECTIONS
COUNT I
Motion to Strike Scandalous and Impeninent Maller
II, The prior paragraphs of this Answer arc incorporated by reference thercto,
12. The averments In paragraph 4 of Petitioner's request tilr injunetivc relief are intlammatory,
scandalous, impeninent and wholly irrclcvant to the cause of action, Plaintiffbclieves and therefore avcrs
that the averments cootained in this paragraph arc offered for the solc purpose of prcjudiclng the
Plalnllff/Respondent,
I.
13. The averments in paragraph 5 of Petitioner's request for injunctive relief are inflammatory,
scandalous, Impertinent and wholly Irrelevant to the cause of action, Plaintiff believes and therefore avers
that the averments contained in this paragraph are offered for the sole purpose of prcjudlcing the
Plaintiff/Respondent.
14, The averments In paragraph 10 of Petitioner's request for Injunctive relief are inflammatory,
scandalous, impertinent and wholly Irrelevant to the cause of action. Plaintiff believes and therefore avers
that the averments contained In this paragraph are offered for the sole purpose of prejudicing the
COUNT II
Motion to Dismiss due to Adequate remedy at Law
Plaintiff/Respondent,
WHEREFORE, Plaintiff respettfully requests that paragraphs 4,5 and 10 of Defendant's Petition be
stricken from Defendant's Petition as Immaterial, scandalous and wholly Irrelevant to Petitioner's alleged
calllC of action.
15, The prior paragraphs arc incorporated by reference thereto.
16. On or about December 7, Defendant/Petitioner filed an answer to Plaintiffs Complaint in
Dlvorcc adding a Count for equltahle distribution of marital assets,
17. That a.~ such the Defendant/Petitioner has an adequate remedy as to the disposition of pre
and post separation assets and debts.
WHEREFORE, Respondent, respettfully requests that Defendant/ Petitioner's Motion for Injunctive
relief be dismissed due to the existence of an adequate remedy at law.
~
I .:I ~
'"
.. ;~~
-
I~ .... 0: '
- R~
'""
....
0\ :~~!I
- fhm
~ t..)
t!5 ~
h In
\:l~
\
.
........,~<=
., '.- .;"":b;~'.;l"~-"->-''''-'
;-. '4"..,;~i..:~',1'1::,i'!h-&1'-~..,
.,;......;.\_-~... ,.
CLIFFORD ALLEN PALM, III,
Plaintiff/Respondent,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO. 95-6730 Civil Term
CATHY ANN PALM,
Defendant/Petitioner.
CIVIL ACTION - LAW
DIVORCE/CUSTODY
ORDER
AND NOW, this day of January 1996, upon consideration of
the within Petition and those filed prior to it, an injunction is
ordered against Relpondent as follows:
1) Respondent il prohibited from incurring any additional credit
card debts, pending resolution of the Parties' equitable distribution
matters,
2) Respondent il prohibited from obtaining any new credit cards,
pending relolution of the Parties' equitable distribution matters;
3) Respondent is directed to assume sole responsibility for
imMediate repayment of any and all credit balances incurred since
November 20, 19951 and
4) Relpondent is directed to indemnify and hold Petitioner
harmless for any claim made against her relative to the credit card
debts Respondent has incurred since November 20, 1995.
BY THE COURT:
J.
CLIFFORD ALLEN PALM, III,
Plaintiff/Respondent,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-6730 Civil Term
CATHY ANN PALM,
Defendant/Petitioner.
CIVIL ACTION - LAW
DIVORCE/CUSTODY
PETITIONER'S RESPONSE TO PRELIMINARY OBJECTIONS AND NEW MATTER
AND NOW comes Petitioner, CATHY PALM, by and through her
attorney, Gerald S. Robinson of Robinson' Geraldo and responds to
Respondent's Preliminary Objections to Petitioner's Petition for
Injunctivo Relief and Respondent's New Matter and in support thereof
avers:
RESPONDENT'S PRELIMINARY OBJECTIONS
COUNT I
Motion to Strike Scandalous and ImDertinent Matter
11. (Misnumbered by Respondent). No response is necessary.
12. Paragraph 12 is denied. Petitioner's averments in Paragraph
4 were incorporated for the sole purpose of pleading and specifying
the pertinent facts which based Petitioner's need for the requested
injunctive relief.
13. Paragraph 13 is denied. Petitioner's averments in Paragraph
5 were incorporated for the sole purpose of pleading and specifying
the pertinent facts which based Petitioner's need for the requested
injunctive relief.
14. Paragraph 14 is denied. Petitioner's averments in Paragraph
10 were incorporated for the sole purpose of pleading and specifying
the pertinent facts which based Petitioner's need for the requested
injunctive relief.
WHEREFORE, Petitioner respectfully requests this Honorable Court
to deny Respondent's request to strike Paragraphs 4, 5 and 10 from
Petitioner's original Petition for Injunctive Relief.
COUNT I I
Motion to Dismiss due to Adeauate remedv at Law
15. No response is necessary.
16. Paragraph 16 is admitted.
17, Paragraph 17 is denied. Respondent's actions threaten to
jeopardize both his and Petitioner's financial disposition and credit
history. Therefore, pending an ultimate resolution of the Parties'
equitable matters, immediate injunctive relief is necessary to ensure
the financial well-being of Petitioner.
WHEREFORE, Petitioner respectfully requests this Honorable Court
to deny Respondent's request to dismiss Petitioner's Petition for
Injunctive Relief.
PETITIONER'S RESPONSE TO RESPONDENT'S NEW MATTER
18. No response is necessary.
19, Paragraph 19 is admitted in part and denied in part. It is
admitted that Petitioner withdrew funds from the jointly-titled
checking account in the amount of $1,000.00. Following the November
24, 1995, withdraw, however, Petitioner was informed by the bank that
an additional $1,000.00 was in the parties' account.
20. paragraph 20 is denied. Petitioner was informed that the
Parties' account was not liquidated, but that $1,000.00 remained.
21. The averments of paragraph 21 are conclusions and
characterizations of alleged facts to which no response is required.
specific proof thereof is demanded at trial.
22. Petitioner lacks the information necessary to form a belief
as to the truth of the averment set forth in paragraph 22.
23. petitioner lacks the information necessary to form a belief
as to the truth of the averment set forth in paragraph 23.
24. paragraph 24 is denied. By adding a count for equitable
distribution to Respondent's initial complaint in Divorce, Petitioner
has protected both of the Parties' interests in having the court
equitably divide the marital assets.
25. paragraph 25 is denied. It is specifically denied that
petitioner approached Respondent and initiated a conversation about
contacting an attorney to discuss bankruptcy.
26. paragraph 26 is a characterization of perceived conduct to
which no response is required. Specific proof thereof is demanded at
trial.
COUNT II I
Petitioner's Motion for In1unctive Relief
should be denied under the Doctrine of Unclean Hands
27. Paragraph 27 is a conclusion and characterization to which
no responsive pleading is necessary. Specific proof thereof is
demanded at trial.
28. Paragraph 28 is specifically denied.
29. Paragraph 29 is specifically denied.
30. Paragraph 30 is a conclusion of law to which no responsive
pleading is required. Specific proof thereof is demanded at trial.
WHEREFORE, Petitioner respectfully requests this Honorable Court
to deny Respondent's request to dismiss Petitioner's Petition fQr
Injunctive Relief.
Respectfully Submitted,
By
Gerald S. Robinson, Esquire
Attorney I.D. No. 27423
ROBINSON , GERALDO
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Petitioner
CERTIFICATE OF SERVICE
I, Gerald S. Robinson, Esquire, do hereby certify that on the
I~ day of January 1996, I caused a true and correct copy of
P8tItioner's Response to Respondent's Preliminary Objections to
Petitioner's Petition for Injunctive Relief and Petitioner's Response
to Respondent's New Matter to be served upon the following counsel of
record by first class mail by depositing same in the United States
Mail, postage prepaid, in Harrisburg, Pennsylvania:
Lee E. Oesterling, Esquire
HAZLETT , OESTERLING
125 Linda Drive
Suite B
Mechanicsburg, Pennsylvania 17055
Respectfully Submitted,
By '.
Gerald S. Robinson, Esquire
ROBINSON , GERALDO
Attorney 1.0. No. 27423
4407 North Front Street
P.O. Box 5320
HarriSburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Petitioner
: ' t"~J\->~I":,,:,;,.<:'.:,"'~'H:'; 'P~)"~l"~f'{~~:;;
~~;; . .' ." ". '. . .... "':::':.;' ; \
i:~'-:::i;;;""'::?:~~:< ~;",_ .'. ::.,,'., ': .', .;..',:<':,'./ ,,','} :;
:. ,j ,,0\,,::'.::', , :::;~,:;:;: "',~'~~.'.:"'"
~i.~'.'.~'/!j>;\:',:":'::':"'":,,''''::''' '" ,''', :;:,,0'-':":. ..::".,';,','.':",,'- :',(
h';" "'-',' ",' ':,:", , :'"Co',';":,"",:,::;:;', ", ;,;
,'\ , " ',. ;'::"::;;~r,(,;"
; ", ,')0: ",,'" ,';-: ,:":: ' ",.',,":":':""":, ': ii,"
'" ":',,/,>:, ",' """,,'\~' ".',;
.. " '. ... . , ",~
~~: .;,,' , . ", .: '. '. :" ,.,'
... " ," ;"', "" " '., ',,','" ;<H':'"''
",:1,'''),':>' ';:, '. -- :.' ...' ;,': ;:,\'{~\::;,';:,;:,:~
~ilf ..... :',' ;'\'~':<\''':::'''''': ./:,,:
::' >,;,';:::::'" . -- ( i,~':; ift~
:/,' ,': :"::.:;," .... ;, , ',;':t.<<:
:,:'.~:'>:<:',:: .,'" ,:".:.,"',::', ,",
..,,,,,;;,'::'. .'..' ':'""',',, :,,:': :,:::" "'" :""?/'~) .:'.
',: ,',,' , ",:,'" '-- :':" "',;' .': , .
;'C:,:,~:,:;::.\:.';'.::':..::,: '.". . , ":.:;:':':';":,
:",: ';','{f '>; <i . <.',i\:'" "
". ' " . ' ,:' ",: ' ' ,
{'. ,: ,'. ."" ,',. , . "'::.'>> ,;;
::!";':,,;' . i": :' : ': : ":~~?i~
~L;;.;;,';' : '" :"'"
""':,:,'." "/),;; '.'~
'<" ":, . ", . "-'ie",
\', :in '.';, '.. .':,::,;'::ii:"
" " . " . , ' \
,'" '" ','
"
" " " :',":"
l\ :.':,;: :-\', ,'" ,': >
~~~" i~ ..' . ~l
:"}':',:', . n . I '. '. ' .::~
,:,;" '.,.' ':~ H
':-:,"1,:";',, ' , " ':', ,:' iH, ',:"'-
"'i .:::.' ,',,' '." " '", H. ,':..,
:"""., . ". ;':i
!,':L:'.',:<~.:,:;!,':. " '~..' \C~l:; {~~
' ',' " ,', " :""" ,- ':'::
'"., , ,".: '>,.-
'i.' ,. . , ":,::
::;y,:, ;,;', ' .', :\,: )',\: ,':~i"i;
:,:': ';. . . ' .;....<,:,?,~:;'::~~
:::' :" , ,..,:....:: .
;J);:,:':::;: .' '. " ui
e. .' ,'.;
,'I ",. ' , ,:" . . . " ,:', ,
,- , - , . -' -. i ',' - ~ - - -
~-~! .-,
~ ~:~~~~~,?_~l~~'~"'",
."."-' "-,.-....;
~;g~;.;~~~~~~~~ "
.~,"';-~, ,,',E,,',:.,_
_ ,+,_';~:~'~~,r,_:~ """
"i'-"'i:.~"---"" ,> ""
,. '.-,'""~ "
RoBINSON AND GERALDO
,
ArrOANtYS AND COUNIlLLOAS AT LAW
P.O, Box SUO, HAIWSiUllG, Pt'mSYLVANIA 17110.53Z0
CERTIFIED TRUE
AND CORRECT COpy
, ..OUL 3 1
...,,-.;......,
.
411
~~~
,-,',,;;
__cl
CLIFFORD ALLEN PALM III,
Defendant.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO. 95-6730 Civil Term
I
I
I CIVIL ACTION - LAW
I DIVORCE/CUSTODY
CATHY AMN pALM,
Plaintiff ,
v,
ORDER
AND NOW this day of 1996, it is hereby
ORDERED and DECREED that plaintiff's counsel's Motion to Withdraw is
granted, and the appearance of the law firm of Robinson , Garaldo is
hereby withdrawn as counsel of record for Plaintiff for the above
proceedings.
BY THE COURT I
J.
CATHY ANN PALM,
Plaintiff ,
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
NO. 95-6730 Civil Term
CLIFFORD ALLEN PALM III,
Defendant,
CIVIL ACTION - LAW
DIVORCE/CUSTODY
MOTION TO WITHDRAW
AND NOW COMES Michelle B. Stokes, Esquire of Robinson' aeraldo
who, in support of this Motion to Withdraw, avers the followingl
1. On or about December 6, 1995, Plaintiff, CATHY ANN PALM,
retained the law firm of Robinson , aeraldo to represent her
throughout the above-docketed divorce and custody proceedings. See
Exhibit "A" attached hereto and incorporated herein.
2. Petitioner has prepared and revised a Marriage Settlement
Agreement, corresponded with Defendant's counsel with regard to the
divorce and custody proceedings.
3, Plaintiff currently has an outstanding balance with Robinson
, aerald~ in the approximate amount of $3366.00.
4. Petitioner has been unable to contact the Defendant by
telephone or by letter.
5. Upon telephoning Plaintiff's parents' home telephone number,
Petitioner was told that Plaintiff's whereabouts were unknown.
6. Petitioner has made numerous attempts to contact Plaintiff
by first class mail. See Exhibits "B", "C", "D", "E", "F", and "a"
attached hereto and incorporated herein. The correspondence sent to
Plaintiff by first class mail is not returned, however, Plaintiff has
not contacted Robinson , Geraldo as requested.
7. Petitioner hftd also
telephone on May 15, May 16,
July 22, 1996,
8. Upon telephoninq Plaintiff's parents' home telephone number,
Petitioner was told that Plaintiff's whereabouts were unknown.
9, Petitioner has been unable to contact Plaintiff by telephone
or by letter.
10. Petitioner has been unable to locate Plaintiff's
attempted to
May 17, June
contact Plaintiff by
13, July 1, July 10,
and
whereabouts,
11. Petitioner's continued representation of Plaintiff has been
rendered unreasonably difficult by virtue of the client's absence,
and qood cause exists under Rule 1.16b(5) of the Pennsylvania Rules
of Professional Conduct for Petitioner's withdrawal of appearance in
the case.
12. Despite a fee aqreement requirinq payment by Plaintiff for
Petitioner's services and the submission of bills to Plaintiff,
Plaintiff has a balance which i. more than 120 day. overdue, See
Exhibit "A" attached hereto and incorporated herein,
13. The continued representation of Plaintiff without payment
of Petitioner's fees, or the prospect of such payment, has resulted
and will further result in an unreasonable financial burden on
petitioner, and qood cause exists therefore under Rule 1.16b(5) of
the Pennsylvania Rules of Professional conduct for Petitioner's
withdrawal.
WHEREFORE, Petitioner, Plaintiff's counsel, respectfully
requests this Honorable Court to grant this Petition of Counsel for
Withdrawal of Appearance.
Respectfully submitted,
:rC~~.qUlre
ROBINSON , GERALDO
Attorney 1.0, No, 76272
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Plaintiff
..
ROBINSON &. GERALDO
.
, " 0 . I I I I 0 .. . I l; 0 II .. " I. . .
.--~------------_.----
." "
-- --- - .-......~.
WI\h"'U1un. DC
1316 """""'...... /we, S E,
'i*\\hIf'UIOf'l. DC lOOOJ
11O~1 .... ~lIII9
ATTORNtYS AT VoW
Poll C)I!ice Box 5320
H."lsburg, PennsylvanIa
17110.5320
WW.I!J1lOfl'
:1"'0 I','MIIt. "1101.1
r:illlllltltll I'^ 11011
t'''1 tJl ~"'.
II."",-IIII'U
UUI Phlllh f 'unl !',t
1I.1",..lIuIII I'~ 11110
1111);t:l;1M;'!.
RETAINER AND .~E AGREEMENT
1. This is a Retainer and Fee Agreement entered into
between CATHY ANN PALM (CLIENT) and ROBINSON AND GERALDO
(A'1"l'ORNEYS) .
2. Client dODs, horeby, retain ROBINSON AND GERALDO as
attorneys concerning: Divorce - Marriage Settlement Agreement.
3. The following matters are to be undertaken by ATTORNEYS
for the CLIENT pursuant to this Agreement: Representation of
client regarding Divorce - Marriage Settlement Agreement
including preparation and filing of all necessary and pertinent
documents, and providing legal counsel as necDssary.
4. The CLIENT agrees to pay the following costs for
services performed:
a. The CLIENT agrees to pay $150.00 per hour for ATTORNEY
time.
b. The CLIENT agrees to pay $150,00 per hour for A'1"l'ORNEY
time in regard to all Court appearances, hearings or
depositions.
c. The CLIENT agrees to pay ~125.00 per hour for
Associate Attorney time.
d. The CLIENT agrees to pay $50.00 pflr hour for paralegal
time.
e. The CLIENT agreos to pay $20.00 per hour for word-
processing services,
5. CLIENT also agrees to pay for all out-of-pocket
expenses, including, but not limited to, expendituroa for filing
fees, transcripts, subpoena and deposition feos, long distance
telephone calls, postage, xeroxing, travel and all disbursements
necessary for the proper performance of legal services,
6. CL1F.NT will be billod on the basis of tho time spent
and services performed on this mattor. Telephone conversations
between the ATTORNEY and tho CLIENT will be billed at a minimum
of one-quarter (1/4) hour. Telephone conversations between the
A'1"l'ORNEY and opposing counsel, party or other interested party
in this matter will be billed at a minimum of one-quarter (1/4)
hour.
E.hlbll
"All
~-"._"'--'
-
,.,.-
ROBINSON &. GE.RALDO
A .." 0 . ( U .. I tl " .
RETAINER AND FEE AGREEMENT
page 2
7. The CLIENT agrees to pay ATTORNEYS a retainer of
$500.00 against which the charges described in Paragraph 4 will
be deducted. This Agreement will not be effective until the
retainer fee is paid and this Agreemont is signed by ROBINSON
AND GERALDO.
B. ROBINSON AND GERALDO will biil the CLIENT as work
progresses on the matter as itemized ill paragraph 3, The CLIENT
agrees to pay ROBINSON AND GERALDO when billed, but in no
circumstances later than ton (10) days after receipt of tho
statement. A 12' annual interest charge will be added to all
accounts with balances duo for more than ten (10) dnys.
9. ,The CLIENT understands that ATTORNEYS may not ethically
bear the/costs of litigation for CLIENTS. Therefore, ROBINSON
AND GERALDO, at their sole option, may withdraw as counsel
should CLIENT'S account become delinquont by a period exceeding
sixty (601 days. ROBINSON AND GERALDO relinquishes no legal
claim aga nst CLIENT for any unpaid balances as a result of such
withdrawal and will utilize the law to its fullest extent as a
means of recourse to fully protect their interests. If it
becomes necessary for ROBINSON AND GERALDO to pursue their legal
rights, CLIENT agrees to bear the cost of all attorneys' fees
associated with the litigation of the matter at prevailing
attorney rates.
10. If CLIENT disputos any chargos, the CLIENT must notify
ROBINSON AND GERALDO in writing within thirty (30) days.
ROBINSON AND GERALDO will make every effort to clarify or
correct any disputed charge.
11. The CLIENT undorstands and agrees that this Fee
Agreement does not include legal services in connection with the
appeal of this case. CLIENT will have the choice to retain
ROBINSON AND GERALDO under a new Feo Agreement should this
matter involve an appeal.
12. I have read this Fee Agreement in its entirety, and it
has been explained to me, to my satisfaction. I understand the
terms contained in the Agreement and hereby agree to abide by
~crr;~' t. SV .11 ^'" ,;",
.. ~ ~fi1l~ 6, /9'i!J
~~~, ,'--
ANN PALM
) -
." \.
. -
.., (CLIEN'1i"j'
()
DA'1;g'
-
,,)
, II. .. I, .. . I 'I,
.,
"
~~b~.' L^W
~WA"\I,II'I' W;'O
~U!~~J,1 !IJ ,:, '", II "t't I ~.ll 11.1
U9-1iil_::IJ": "::'t,'
'l,tr:"'\i',' ,,'"
,k\;1-'\", ' ,
(;,r....:." ,
i1:i,m~!ilrj ;,
'-~f,f.;"',J.1
~l.f:' "j:;::,- ,.
" ':" /.~ ~ .'
il....';,,-'
C<~~y~,~alm
.1'J1J(':f;l~etwood Avenue
~e~np~icsburg, pennsylvan1a 17055
:,"""-1"11"
.1o;'~ht.BankruDtcv Pot 1 t ~
e~~'r~~'jo Plllm:
~)1l\; , ' ",' ,
/{!1',",'i',thIlVe attempted to contact you by telephone, but you have
~,~ot: returned my clllls. When I spoke with Attorney Hazlett
'''today~':he indicated to mo that he hOll alllo beon unllble to
~c~ntact you, and thllt you have not yet signed tho Reaffirmation
.'j~greement that I torwarded to h1m (or your stgnllture. We are
',u.n,able, to proceed with you d I vorce unt tl you:" bankruptcr
,pe.tition h48 been Ciled. Enclollctl III tho voluntary pet tion
')I!li~",;you, had Corwarded to me Cor my rov 1 ow.
"'~jl,"'" '\ '
r:t*:rt *\q~"': ';, .
';:l;~ ' Furthermore, plellso nota that I f you do not sign the
'Reaffirmlltion Agreement 116 we discussed provlouHly, we will no
'~9ng~rbe willing to represont you 1n your divorco matter. Aa
au'ch,J 11m requesting thllt you contact both mYHol t and Attorney
,,:a~~ett upon your receipt oC this lellor, Thank you for your
p,!:'.omp~<attention to this mattor. 1 w111 look forwllrd to hearing
'~~o~;':you in the near tuture,
N~I'I""
~.t~lf"':j\;:
"1",'i~('"'' 'II'
~'.:11"::;:~-i':',-:l','i;';,
'-t'\~"".J;_: j- ,:q'.
:&\,;",'''..._.' .._11'
I:f"{'l.,.,....l.'l'I..-.1',
. ,!~{~..::' ,':.'j: -- ~.':
\,u.\fr -:, ".'
'~,I"'~~;;';,"" -' - .
~I~_"'" ,,:
[l.,..~",' "
~~-;...t;'"
,&~L,'
'!'i}.;rt" ';, .
,'~1.,~,~~ I jrnm
't Enclosure
~S:;>"
~~~~f,'
~~'I \" .
L.~l:_~ .
~.~,'
::::;;1
..' ,I' oj"
'.'
w.lIw1g..... D,C.
IJIO,..-1.t......M...~
w.VtI1gtan. c.c. IDee:!" .
f~&44." . I\'I'~
."
"
':;ti
'l~
":.:'
"
"1" I.',
Il ........'.'.1
....1,'11..\....1
"1""'1' .,,,.
" . ...... '.
Juno IJ, 1996
Sincoroly yours,
ROBINSON & GERALDO
By ~~
MiC~ e . i~s, EsquIre
- - ~~~':.'
: ,~\~'I.l
SIlt
. '~';;:r/
,'."_,1
"~'~~~'
,-1,'
:~\,'~, ,
.' ~~
h
,,''!
, ',~
.;'J
'J:,.,
~r j' ,
'=-h".t,_.i
1I~',I,i"'"
. :::t!'"
~-'--'; ,
h
'iio"",
rn",,' ,
~:ll,:~-'..
~,t,:",
'.-1."',
t~:?~~ \
(.)
.
Elhlbl1
.. ,"~1
- 1~
..:,;~!
,
'1~.
';~
"1311
I .~
'"",,,
':\~
;!~L
..\~
",.".4;
o
r ..' ..;t~
~I$.~"~',. L^W
~~GlI~un~,' r'~?9
~~III'U.: 1~I/l!fIljvl~llrlll\
t'?<f)j,!(:P'I,::,. .'
',....,\\". ",
'IF':' ,
t'~r'-~!'
'~,:,i
p"-~..'..:
t!..lir.; I
.!~~.~'~,~ '- :-'."
.Cathy' Palm
1'0'.;'Fleetwood Avenue
~~~~~~iCSbUrg, Pennsylvania 17055'
'~~~v~ I j
R,,:~}.:;Out8tandina Blll
~~,"il , ~)A r
!~~\:',MSI'i pa 1m I
\.i,~!i}tt'was recently called to my attention that you have an
outstanding balance with the Firm. As you recall, you d~d sign
a~retalner and fee agreement in which you agreed to pay Robinson
~~Q~r~l~o when billed, but not later than ten (10) days after
the~receipt of your statement. ,
~n1i1~~.I,~_1 ,...:~"
:t';,q,~K:Iti 'would be most helpful to us J.C you would give this
.~~~er your'attention at the earliest possible time. Your
cp9peration in this matter will be greatly appreciated, If you
aye'.-'any questions, please do not hesl tatc to contact myself or
t,!I;jjr~;~,l administrator, Tama Curtis.
..ikli"'i"" 'I Sinccrely yours,
. ',~l~!ie:1,\:, ROBINSON' GERALOO
. '~l)l;-;;'''''
" ":?~;H~~'~4!:.~" ~~;:':~
1~I"i"7i\",,"",','
I ~ij""'''' ,/.','
, ! ,. ~\' !,. .... ~ .
I ,..,.?:J,
91'fJl1.~, 'l ':':::~ '~;~:
~?J{~~. .
MBSrjmm
~{l\~l,;,., ~
~'V,\~:.'__\~).~ ! : :
:~\f",:~(.H:" "I'
lrr~{~;~~',: ,~, ;,
'<fi;',;~l' '.
~;,\.\!d~','
"'~l~....t, '
;r~.,-,)1r'
r.\1, :',','
t,{J y.' "_'~i,'j ,
~;Jf,,!,. .;\
'~r~;;;. ::" .
~"--",i..
,.~ 1':'",-,', .
f;~J~'~;>;'\'
~~'i'\:~/..; i'-
~~t"....
4;'{\f..- ',' "
,h',~;.!,
i!f!! rf~.'
It'''..,\"
"',-;~ "-""
, <~%)r
~4,-<:rJ'I;'
'f,I.1'.-:; "
"j.,ri',l"
~ "'m,', .,,1,.:. ,"'~'~ ..
. ~ ~i~ '1\'
I"'" .'
.~\ '!'l}~.!}';~.~.'i'.,,~
~..\.".;...,~
".
I'"~
~....D,C. ,i'I'!
13UI~._t"'M..8.E.
~""D,C,2OOO:I" :i
l202l G4HIII "
,;,"""~'
1,'1"',1'1'1"''''''''
1;",1",.,11\1,',111
11,1'1,'1-,1,.
,j.I''''.-4!I,llIjII,IM
'1,""'.1.t'111~1/11ll
., "1 " I; 111.~'f, "
.:.......;.1.\..'
Junc 14,
1996
By
Mic
re
e.hlbl1
"ell
~'- ':'it.
.'.;<t..
: '.t"!
;~<;~
",~',".'-I.f,;?I,
';i'j:~E
!".l/;r.
~)h'
......"
, . \ .11 ~ ,
; i;ii~'!il
..,...~j
'\.,-;: .
.h1~J\i
:!J'
, ,,~t
:~1_' ,
,'!~::f~
''-','l
,.':.:....3
',. c\,'-l1l,
""".~
~H~
~ . .....IC
"";l~'~
';.~J
?~~~\~.
...<7tw;'
"":;':J
":'X~f:
..... ,~
'-...
./'~::j
,.'~
.; i.~ ~
':,Jj
, ,
,,~i:
,,;,'~);l'
, "'~
>.f'-';,Z
'~r,.
. ,...~-:~;.~'
CATHY AtfM PALM,
Plaintiff ,
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
CLIFFORD ALLEN PALM III,
Defendant,
I NO. 95-6730 Civil Term
I
I
I CIVIL ACTION - LAW
I DIVORCE/CUSTODY
CERTIFICATE OF SERVICE
I, Michelle B, Stokes, Esquire, do hereby certify that on the
29th day of July 1996, I caused a true and correct copy of the Motion
to withdraw to be served upon the following individual and counsel of
record by first class mail by depositing same in the United States
Nail, poatage prepaid, in Harrisburg, pennaylvania:
Cathy Palm
104 Fleetwood Avenue
Mechanicsburg, pennsylvania 17055
and
Lee E. Oesterling, Esquire
HAZLETT , OESTERLING
1002 South Market street
Mechanicaburg, Pennaylvania 17055
Respectfully submitted,
=r~. ;""ro
ROBINSON , GERALDO
Attorney 1.0, No, 76272
4407 North Front street
P,O. Box 5320
Harrisburg, pennlylvania 17110-5320
(717) 232-8525
Attorney for plaintiff
:,\
;',
: ',~i;:",'(l;':i~~!:,
,,:',,' ")2'~:::!,i: c,"; ,:,': ,,~
';\,\, '''>:',',', ',,;:\ !".;;:'),' ,;\
":'/:'; ',:;,: ;');
',' ;', ',', ",:,:,':;' :..,;
:' ,.,,;:::: ,':,:." "';"" .,-":;>,."
,,;;~~,~; ::." " ';,' -"" t,j ;"
,3"Ji':\'!'!;~:F' ,:":::",, . :.::,''';'.'> j
,~i: "'..;,,,., ";:', :; ;"" ':: ',,' ,'-,"1';
", ,il.' ',: "';,,: ,::-,:,':' ""'c ". :":';,:",;,, "
? ,', ;,\~",;\i:,.:'<" ",:., >~:<'!i.''; ~:
f j' :;;";::"'::':<'::~':>',;';::' '; ,'.
''';:::(:' ".\ ",.' "<;,':'",,;V';
':) ,'.'. "I;{ ':', ;0', ::.',j ;
"', ,,',' ;.':: :.'" ';:f'::.;
"",C? ::",:.'::': "',
:,,':
:J:,; : ':' ::\ <<;; ::J
" "', ';:: ",J':"
:;' ',:: ,,: .:::
,.;: : :'::";:~)<." ":\ ,:;
".',;",,",/"\:"';:."'"',:,-,<;' ,-'" ',",' ,,'
", ':;j'.",'..: ,,,,' ',,: "''',,'': :, 'c
' . '", ':, " " ; ",' ,,: :;
,\' "," ie' ", ':':"'.::F).:"''':
:'C'J' ,,', :'; :'.:!
"<' ,',:"c,': ,,,;
,,:, ;: ',:::i:' ',','.
':::,: 'c:c", ,;.::
,c. -: .',", c'
· '.',:, \\'J;~: '''',
", ",,' "
',', ',";,
;': ,'-',,:('; ,.'i';", D~;:
' ",", ...: ';;:,
::;';,:' t,,::';"~: ;~:>
':' ',c ::c ; . ,,",' ;:,:,::.-
, , , ,:' ,.,: :':': ,', ~;5
\.' : - '.--:. " . '. \ ':' - ~', " ':
^ ~ .", '- -.. .
:>/: '. ': '. . . '.
';-' ';~", ;~. ", ... -". . -.... ";',:" 'J~;~ti
':;:"~' :...... '. ':, ",' ""'\.;';':,,',
',~'::,.- :'" ",X "',,' ,- , ' ,': ' - ",c',,:,
",,'::'/',"" ',):};
0.- '<:'.''''" , " ',' __', "., '__>' ','
',-,,',: -':, '" , , ".-'.-:,:' "
:,"';:". : ',. .'.
~,:./",:::: :',' ,
.
:: "
::;,' ,~:~, " "
" ',;....
:',,', " " ,
"~::j'j~t .,,' ." -
:~~:~Vt-;::j~'~~~~~~-.,,-,::,_,
~.~ ,,' ',"" ,-, '1 _. d_, "
,... . "t4\f:';:::~:.- ~'-.. ~'->~,~ '. : :,t);~'_~. ,-:,; .
,:"
;~l~'~?
,<
',:, " ,,";
. ,/1!':'
. " ,,:C\'~.,~~
., ~~,:/:"
AN~E~!!~~P- .,-,:
, '-~, ">,/:
, ~Ul3 1.
t:,
........ ...
ROBINSQW~N~,G,ERALDQ
"nORNlVS AND COUNSlLLO~ AT LAW
r,Q, Box 5310, HAWS'U~t rlNNSYLVANIA 17110.5310
4
,:'
.,
,
CATHY ANN PALM,
Plaintiff,
v,
.
"
NO, 95-6730
CLIFFORD ALLEN PALM III,
Defendant.
CIVIL ACTION - LAW
DIVORCE/CUSTODY
ORDER
"
AND NOW thi. day of
ORDERED and DECREED that Plaintiff'. coun.el'.
.
granted, and the appearance of the law firm of.Robinlon
hereby withdrawn as counael of record for Plaintiff for
proce.ding..
BY THE COURT:
-
-
"', ,:",' ,~::":;,,,:!:,,:::.,{/:,: ,:'
. -:....i,::" ";;:7,; :,<:;t::; ('H
';'~L'~.:'(>;."':" ,>,;":).".;.:,, ,:i;,~:;i ,;\)',.>
,- i};;';' ::,', .',.',;;:!< ~,,;,,:',~' : ".';'
_,': ,; ~"".'; c"';,';:; ',:; ,:;:, '..'
I,;r, ':-,",., :.; ,.; ,.' ',':" ,>:,;H\'..." .;';';
:'T::,. ..,:~:.' .: '. ,.:<:t;, <"~., r; ~c
1.:~;}'c ~\',;:;'>\:' ' . ',\,:,.,: ~': "
';'~~):~fL:; ,;':, . .:" ',' '" ' , ". ,.'~"';':'~.~'.: :::':0'1:('i1r~,~
' , ,"', :;" ...~:;;~,;, .. i'\
;';',: ';,;"'" '. ',' '" ' ",,:~;;j"::. ", ~';
? "';,, . ;','" ",.;;,<'";,.',,i',,','
;:; ,'::; \ <.'\ " ,)" :;;;;
':~ (;'~!+;:\,::; :, ;/;,>;:' .;/.,:."<:~1:': ;,;:';:~,V
;:~;,;,;,~:<,,'>'~"i~~.~.:,~,;i ;, ":,,;
ii; ';i;L':,.;~':,:; ";,~,,,;;> <\" 'I,.>, :,
;':}~";; .~: ':\::::,;{:.:,:,.., (> ;';;, ::':.:;: :I.; ."
,<" '. :);,'h';"'\'''''':' '. :','
",: '" ,. '.-,,;'" ':,;,"
/,',c.''-;' '.'"'",,,''''' . " ' "":':1; ",,;,'.
" X,<..,:', ': ;.::. ":','.
::'-", .~: :" ,.i:,C,, :': ;":, ':',')'y, ',':i
,'~ ":",',;;::'......i,',.;:,,'[: ft:.(
;.",,' ::::::,
;",>', ' .~';;, ,>: ~'< ::-':'. ,.,:,./',. ",
"':; ::,':" ' ", ,!,' ',", ;~",; :,(
-.: " .,' ;:;",;,<;~:.\,.(, '" ,,',' ":, "'Ii,',"';' 'j--'~;) ',:;,
",t': ',",1':" " '.:',,-'; {,
. ; .' ,',' ,', :"" ",":,:','-' :,: ' ',:, .,
.,', ',/':,: ,,"';.,:.':}: :> i.::~ .'
'.;;\,~\,;;:, ,:;r',,; """" ,:,.';' ""',:,> ,!;i
'-:'::'.'~;:',"m' "":',"',' ',,'-: ':' ",:...";""'" (,',
" "'" ',', ' --,"
'" '.' .,' "":,'; ,; ,",:' ':.. ','; ",,'
C:'~." ". ':,; . ",,',.-"': " ,',' , , , ',' ';:"(~ ,,~~";~:::";:'.'
~\~,:::,.':::::;,::' ,:;'"" ,.' __' ':" l ,,:
,;~ ' ," -- , , ','i":::;>,:'
", ,",''.- '.. " "" '" .",\
'.;:''''Y: "...,. ' ", . ' .',' .,,'.:',_:)::',.'"
:,>,j....' " ",..,-.- "', ',':";'
~:';', ,," "('("
:~,~; .. "" ' .; .~,;,.
.',,',' , ,'-;' ,:',,' , ' ' ',:, :"i',,:., " 'o',:.;:
, ,"" "
,
.
"e'
CATHY ANN PALM,
plaintiff,
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
NO. 95-6730 Civil Term
CLIFFORD ALLEN PALM III,
Defendant.
CIVIL ACTION - LAW
DIVORCE/CUSTODY
'"
AND NOW this~ day
consideration of the attached
1996, upon
Rule Absolute, it is
hereby ORDERED and DECREED that the Rule which was issued on August
1, 1996, to show cause why Plaintiff's Counsel should not be
permitted to withdraw her appearance of: record for the Plaintiff in
the above matter, is made absolute, and that Plaintiff's Counsel's
Motion to withdraw is granted, and the appearance of the Law Firm of
Robinson . Geraldo is hereby withdrawn as counsel of record for
Plaintiff for the above proceedings.
BY THE COURT:
c} ,:> ()
.: ell
. ..... "'11
:vi "J
rl !, ,-:; 'I'
~~ :- 'e) ~'~
" 1"-.)
(f)
;:; ; -- 'Ii
:::... ~:_, ,'t
..; ~ ':i.
.. .(
~. ,~)
, ,jl
: r." ;:1
.- ~
-
0
CLIFFORD ALLEN PALM III,
Defendant.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO, 95-6730 Civil Term
I
I
I CIVIL ACTION - LAW
I DIVORCE/CUSTODY
CATHY ANN PALM,
plaintiff,
v.
MOTION TO MAlE RULE ABSOLUTE
The petition of Michelle B. Stokes, Esquire, of the Law Offices
of Robinson , Geraldo, respectfully moves this Court to make the Rule
to Show Cause absolute and in support thereof represents:
1. On or about July 31, 1996, Plaintiff's counsel filed a
Motion to Withdraw from the above-captioned case. See Exhibit "A"
attached hereto and incorporated herein.
2, On or about August 1, 1996, the Court issued a Rule on all
parties to show cause why Plaintiff's counsel's Motion to Withdraw
.hould not be granted. The Rule was returnable within ten (10) day.
of service. See Exhibit "B" attached hereto and incorporated herein,
3, Plaintiff's counsel served the August 1, 1996 Rule on all
parties on August 5, 1996, by way of first class mail, See Exhibit
"c" atta-:hed hereto and incorporated herein,
4, As of August 15, 1996, the parties have not answered
Plaintiff's counsel's Motion to Withdraw nor the Rule to Show Cau.e
issusd by the Court on August 1, 1996, The ten (10) days from which
the Rule was returnable has now expired.
1"',1,,""".,,'"
:l{
;',,;l:-;""
'--~
, -~..
J,~,
.i"
,....,
,';'!'
~ II _,
".;".',
!
CATHY ANN PALM,
Plaintiff,
v.
,"~:f, I
":ti'-
',.;it
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLV ]:A
">riO'~
"i-,~t;:~'.
" 'i..,;;a-t'
NO. 95-6730 Civll Termi;,~X~"
,"I,,"~,
,1" ~JJ..~ ~
,,'.~",: .;~!,~~
:;'p~)),;(,
".;-.l"..i'l.l1'
;~,":f~~ I
, ..;\i'~;f~";"
" '.~ . ',"f;'{
",,-.,,4,\
I, Michelle B. Stokes, Esquire, do hereby certify that on'-the.
.' . \~{t~!
. -' . ...~- 'f'
5th day of August, 1996, I caused a true and correct copy of the;,Ru~t
"j' _ ,,'.,,-~~~it~~,~
illllued on AugUllt 1, 1996 in the above-captioned calle, tobe'aerV.ea
. _ ~- ~. ; : ~. ::_ _if - ..
upon the following individual and counsel of recOrd by f1'rllt"cl,sSB
. .,' _ ;"i\ "l~~~~t'
a11 by depositing same i~ the United Statell Mall, postage prepa'J:ct,
, , :. T'-\~'~:~f1 ~
. :'_+_;.,.ll~..;
,', J:.,.~-~:\~I ~
. 'i-~I~.$l~
\ J,'::::- _-:'~'~,~
"'I:IIJ~'1;.
,:...l,_:_.~
,~ :'~:IJ~
· ',\(i:l '
,:::,:t~
, .'.,:,i.l~1
"i' ,;,.,1fr..~
,':14\1;'
.,.'
Defendant.
CIVIL ACTION - LAW
DIVORCE/CUSTODY
,CLIFFORD ALLEN PALM III,
CERTIFICATE OF SERVICE
Lee E. Oesterling, Ellquire
HAZLETT , OESTERLING
1002 South Market street
Mechanicsburg, Pennllylvania 17055
'.,"
in Harrillburg, Pennsylvania:
cathy Palm
104 Fleetwood Avenue
Mechanicsburg, pennllylvania
and
17055
IIC"
! -,':'\"
,. ,'.,";~II
Respectfully submitted,,' "'Y:j.ik
""i,~
~ :)~h~';;'
, ~,~ ' ,;~.,;~\",.
B ":,,I:..:i. ~\
MI e ,0 es, EBqUirel", '
ROBINSON "GERALDO .' "::11';\: ,
Attorney I. D, No, 76272 :~';';{;t\l\j
4407 North Front Street. . o'd~,r- )
:~~~i:b~r~~2gennBYlvarila lii:~~,~~
(717) 232-8525 " ':"f~'~~
,",,!,:''hr..~
, ,"~w:,\~1
Attorney for plaintiff ""~i:\,',,,~1
;"'._;\Jt;~
':','1~11'
,',.,.~,' ",,'i\ti,
, ",:,' .'r'~'
'.L"":"~
. .,'i:::\E~~'
"" . ,,(. 'i;:r'~ia
--....,.----
"
Exhlbll
---........-'~.-
CATHY ANN PALM,
plaintiff,
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO. 95-6730 Civil Term
I
CLIFFORD ALLEN PALM III,
Defendant.
CIVIL ACTION - LAW
DIVORCE/CUSTODY
CERTIFICATE OF SERVICE
I, Michelle B. Stokes, Esquire, do hereby certify that on the
15th day of August, 1996, I caused a true and correct copy of the
Motion to Make Rule Absolute upon the following individual and
counsel of record by first class mail by depositing same in the
United States Mail, postage prepaid, in Harrisburg, pennsylvania I
Cathy Palm
104 Fleetwood Avenue
Mechanicsburg, Pennsylvania 17055
and
Lee E. oesterling, Esquire
HAZLETT . OESTERLING
1002 South Market Street
Mechanicsburg, Pennsylvania 17055
Respectfully Submitted,
:y~~~~ Esquire
ROBINSON , GERALDO
Attorney I.D. No. 76272
4407 North Front Street
P.O. Box 5320
Harrisburg, pennsylvania 17110-5320
(717) 232-8525
Attorney for Plaintiff