HomeMy WebLinkAbout96-00970
~
I \I>
: E
. -
(/)
.
-?
VI
.E
Vj
.'"
\
,
!
i
,
,/
R'
"'
,/
~
F-
a
"
o
c-
o-
,
-'
cr
./
o
<:
M.1JIWU, It. W ALTlUlB, In
. It. MAU moMAS
A TTOllNllYS AT LAW
GofSMl>MAINIlTUBT
Il\lloCliANlC8llUIUl, Pit. l1U6i
<<'In..... rAXq."m..-
.{j.
ADELE MARIE SIMS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. /{. (j ?(;
CIVIL TERM
HAROLD SIMS,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. It you wish to defend
against the claims set forth in tha fOllowing pages, you must take
action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
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.
COURT ADMINISTRATOR
4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-240-6200
v.
NO.
CIVIL TERM
ADELE MARIE SIMS,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD SIMS,
Defendant
COMPLAINT
1. The Plaintiff is an adult individual who currently
resides at 1007 Bridge street, New Cumberland, PA 17070.
2. The Defendant is an adult individual and the husband of
the Plaintiff who currently resides at 18 Ross Avenue, 2nd Floor,
New Cumberland, PA 17070.
J. On or about April 10, 1992 the parties hereto entered
into a Separation and property Settlement Agreement. A copy of
that agreement is attached hereto and marked Plaintiff's Exhibit
"A". This agreement is incorporated herein as if set forth at
length.
4. The agreement sets forth the obligations of each party
with regard to the obtaining of a divorce, but as yet neither party
has pursued a divorce.
5. Paragraph number four of the agreement sets forth the
obligations of the Defendant with regard to spousal and child
support.
6. Pursuant to the agreement, the Defendant is to pay
directly to Plaintiff the sum of $850.00 every two weeks until such
time as the last of the children either graduates from college or
stops their formal education.
7. The youngest of the children ie Daniel Sims, who is
currently 17 yeare of age, living with the Plaintiff and attending
high school.
8. On or about November 13, 1995, in violation of the
express terms of this agreement, the Defendant unilaterally stopped
making support payments as set forth in the agreement. Defendant
has been paying only $575.00 every two weeks since November 13,
1995.
9. Despite demands made by the Plaintiff, the Defendant
continues to refuse to pay the amount agreed-upon under the
aqreement and Plaintiff continues to suffer damages in the amount
of $275.00 every two weeks, plus consequential damages resulting
from the Defendant's failure to pay.
10. As of February 9, 1996 the damages suffered by the
Plaintiff as a result of the Defendant's breach is $1.,925.00. The
amount of damages is increasing by $275.00 every two weeks from
that date.
11. Under paragraph 15 of the agreement, if either party has
to sue for damages due to the breach of this agreement by the other
party, the party who breached the agreement shall be responsible
for the payment of all legal fees and costs incurred in the efforts
to enforce this agreement.
12. Plaintiff avers that the Defendant has in fact breached
this agreement as set forth herein and therefore Plaintiff is
entitled to all costs and legal fees incurred in this matter.
2
WHEREFORE, Plaintiff prays that this Honorable Court will
enter judgment in favor of the Plaintiff and against the Defendant
in the amount of $1,925.00 plus an additional $275.00 for each two
weeks thereafter, plus legal fees in an amount to be determined at
the time of the hearing, court costs and such other costs and
interest as the law may allow.
DICLARATORY JUDGMENT AS ANCILLARY RELlEr
13. paragraphs 1 through 12 are incorporated herein as if set
forth at length.
14. A written agreement setting forth the terms and amount
under which spousal and child support is to be paid is a part of
the controversy in this matter.
15. Plaintiff's interpretation of the written agreement is
that regardless of the number of children living with Plaintiff,
she is entitled to the full amount of support set forth in the
agreement so long as either of the children are attending either
college, high school, or some other form of formal education.
16. Plaintiff seeks this Court to enter a declaratory
judgment setting forth her rights to the spousal and child support
as defined by the agreement.
17. A declaratory judgment by the Court is proper in that
such a judgment will avoid the need to litigate that issue in the
future should the same or like circumstances arise as in the
current dispute.
3
THIS AGREEMENT, made this
KARRIAGB 8BTTLBHIHT AGRIBHBHT
! day of //,..;(,1 , 1992,
by and between HAROLD THOMAS SIMS, of 1007 Bridge Street, New
Cumberland, Pennsylvania, hereinafter called "Husband"; and
ADELE MARIE SIMS, of 1007 Bridge Street, New Cumberland,
Pennsylvania, hereinafter called "wife".
. I T N B 8 SIT HI
WHEREAS, Husband and Wife were lawfully married on August
2, 1975, in Kingston, Pennsylvania; and
WHEREAS, differencGe have arisen between Husband and Wife
in consequence of which they have separated and intend to live
separate and apart from each other; and
WHEREAS, two (2) ohildren were born of this marriage,
KRISTEN SIMS, born November 6, 1977, and DANIEL SIMS, born January
9, 1979; and
WHEREAS, Husband and Wife desire to settle and determine
their rights, Obligations and support of said minor children.
WHEREAS, Husband and Wife desire to settle their
individual rights concerning their marital property; and
NOW THEREFORE, the parties hereto, intending to be legally
bound hereby, agree as follows:
1. SEPARATION - It shall be lawful for each party at all
times hereafter to live separate and apart from the other at such
place as he or she may from time to time choose or deem fit. The
~ PWNTIPF'S
I ~18JT
toregoing provision shall not be taken as admission on the part ot
either party ot the lawtulness or unlawtulness ot the causes
leading to them living apart.
2. Ih~ERFEREN~ Each party shall be tree trom
interterence, authority and control by the other, as tully as it
he or she were single or unmarried, except as may be necessary to
carry out the provisions ot this Agreement. Neither party shall
molest or attempt to endeavor to molest the other, nor compel the
other to ~ohabitate with the other, or in any way harass or malign
the other, nor in any way intertere with the peacetul existence,
separate and apart trom the other.
J. CUSTODY - The parties shall have joint legal custody
ot their minor children, KRISTEN SIMS and DANIEL SIMS. wite shall
have primary physical custody of KRISTEN and DANIEL subject to
regular and liberal visitation with Husband, as the parties may
mutually agree upon between themselves. At a minimum, Husband
shall enjoy the custody of the children tor the tollowing time
periods:
a)
b)
evening; and
c) Two (2) consecutive weeks during the summer months ot
June, July and August; and
One (1) evening, per week; and
Every other weekend trom Friday evening to Sunday
2
d) Every Thanksgiving and New Year's Day, with the
understanding that Wife shall have custody of the childrsn on every
Christmas Day and Easter sunday, with the children having input
with regard to any other holidays as to where they want to spend
that time.
~
Each parent shall participate in the major decisions
regarding the moral, physical, emotional, medical, educational, and
religioUS aspects of the children's upbringing. In other words,
the Husband and Wife shall share legal custody of the children.
Both parties hereby agree not to influence or attempt
to influence the children in any adverse manner with regards to
either parent's right to visitation or custody. Further, both
parties affirm3tively assert that they recognize that it is
essential that both parents have a parent/child relationship with
the children and agree to put forth their best efforts to encourage
that relationship.
4. SPOUSAL AND CHILD SUPPORT - Until such time as the
last of the children of this union graduates from college, or until
such time as the last child has stopped their formal education,
Husband shall pay directly to Wife the sum of Eight Hundred Fifty
Dollars ($850.00), every two (2) weeks, for spousal and child
support. Following the completion of all formal education by the
children, Husband agrees that he will continue to pay directly to
wife the sum of Three Hundred ($300.00) Dollars every two (2) weeks
3
for continued spous.l support until sucn time .s eitn.r the Husband
or Wife is deceas.d. It is understood by botn p.rti.s that the
proviBions of this Agre.ment regarding child support sh.l1 be
subject to modification by a court upon a showing of changed
circumstances.
5. DIVISION OF PERSONAL PROPERTY - The jointly owned
property shall be divided between the parties as followsl
a) Wife shall own, have and enjoy as her sole and
separate property the 1983 Oldsmobile currently titled in joint
names of Husband and wife. Wife shall also own all her personal
items including clothing and jewelry.
b) Husband shall own, have and enjoy as his sole and
separate property all of his personal items including clothing,
jewelry and the 1967 Chevrolet which is currently titled in joint
names of Husband and Wife.
c) Wife has previously established a personal s~vings
account and certificates of deposits, as well as savings bonds in
joint names with the children. These accounts, certificates of
deposits and bonds shall remain in her possession and Husband shall
have no access or claim to these items.
d) Each party agrees that for the life of the marriage
the tax refunds, if any, which either party receives from either
the federal, state or local taxing authorities shall be divided
equally between Husband and Wife.
"
6. REAL PROPERTY - The partie. are owner. ot real
property situate at 1007 Bridge street, New Cumberland, Cumberland
county, Pennsylvania. This real property shall be the Wite'. to
own, have and enjoy as her sole and separate property until such
time as she decides to sell the house. This house shall be the
sole and exclusive property at the wite for purposes of
testamentary disposition. It the wife sells the house, she is to
make a one time payment to Husband in the amount of Ten Thousand
($10,000.00) Dollars. In the event that the Wife pred.ceases the
Husband while the children are still minor children under the law,
then the Wife agrees that the Husband may return to the house to
live there with the minor children, but the Wife still has the
right, power and authority to dispose of the real property at 1007
Bridge street, New Cumberland, Pennsylvania, pursuant to any
testamentary disposition she chooses. Husband and wife hereby
agree that they will execute a deed as grantors with the Wife as
grantee for the purposes ot fulfilling this clause in this
Agreement.
7. LIFE AND HEALTH INSURANCE - Husband agrees to maintain
wife on his Blue cross/Blue Shield health insurance coverage tor
as long as the children are maintained on his Blue Cross/Blue
Shield health insurance coverage. It is understood and agreed that
the children will remain on Husband's Blue cross/Blue Shield
coverage so long as he is employed and the children ara under the
5
age of eighteen (18) years, or are students in an undergraduate
school. with respect to life insurance, Husband currently
maintains a life insurance policy either on his own or through his
smployment in which the Wife is identified as the primary
beneficiary and the children as the secondary beneficiaries.
Husband hereby agrees to continue witt! Wife being the primary
beneficiary ot his life insurance policy and the children as
secondary beneficiaries under same.
8. DIVORCE - Neither party has filed an action in
divorce. Both parties agree that they will cooperate fully and
promptly with each other with regard to the terms of this Marriage
Settlement Agreement, and it is also agreed that the terms of this
Marriage Settlement Agreement shall be incorporated in any divorce
decree, or court order, which may be sought in the future by Bither
party.
9. PENSION - Husband has a pension with his employer, The
Ships Parts control center, but as of the date of this agreement
the parties have not determined the value of the Wife's share of
this pension. Now therefore, it is agreed that the Wife's share
of the Husband's pension shall be determined as of the date of
their divorce, if any, and not as of the date of separation or
execution of this agreement.
6
.._.Ii
10. DEBTS - As ot the date ot the sign.ing of this
agr....nt all .utual debts have been paid. However, with respect
to any debts incurred after the date of the signing of this
agree.ent, that debt shall be the sole and separate responsibility
of the party who acquired the debt.
11. ATTORNEY'S tEES AND COSTS - Both parties waive any
right to receive attorney's tees or costs with respect to this
separation agreement. Howaver, if a divorce is sought by either
party then the wite retains her right, if any, to seek the payment
of her legal tees and costs by the Husband.
12 . RELEASE at ALL CLAIMS - Each party, except as
otherwise provided for in this Agreement, releases the other from
all clai.s, liabilities, debts, Obligations, actions and causes of
action of every kind that have been incurred or may be incurred,
relating to or arisit"l from the marriage between the parties
inclUding support, alimony, alimony pendente lite, equitable
distribution and counsel fees. However, neither party is relieved
or discharged from any obligation under this Agreement or under any
instru.ent or document executed pursuant to this Agreement.
13. INDEMNIFICATION - Each party ~epresents and warrants
to the other that he or she has not incurred any debt, obligation,
or other liability, other than those described in this Agreement,
on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereafter
7
initiated seeking to hold the other party liable for any other
debt, obligation, liability, act, or omission of such party, such
party will, at his or her sole expense, defend the other against
any such claim or demand, whether or not well founded, and that he
or she will indemnify and hold harmless the other party in respect
of all damages resulting therefrom.
14. WAIVER OF RIGHTS TO OTHER PARTY' S ESTATE - The
Husband and Wife each waive any and all right:
a) To inherit any part of the estate of the other at his
or her death.
b) To receive property from the estate of the other by
bequest or devise, except under a will or codicil dated
subsequently to the effective date of this Agreement.
c) To act as a personal representative of the estate of
the other on intestacy.
d) To act as a personal representative under the will or
Codicil dated subsequently to the effective date of this Agreement.
15. BREACH - If either party breaches any provision of
this Agreement, the other party shall have the right, at his or
her election, to sue for damages for such breach or any other
relief he or she is entitled to at law or equity. The party
breaching this contract shall be responsible for the payment of
legal fees and costs incurred by the other in enforcing his or her
8
rights under this Agreement, or seeking such other remedy or relief
as may be available to him or her.
16. rULL DISCLOSURE - Husband and Wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such party has an interest, of the source and amount of the
income of such party of every type whatsoever and all other facts
relating to the subject of this Agreement.
17. REPRESENTATION OF PARTIES BY COUNSEL - Husband
acknowledges that he is aware that he has the right to have
independent representation of counsel and to have this Agreement
reviewed by his own attorney. Husband, by signing this Agreement,
confirms that he has not been coerced or threatened in any way in
order to obtain his signature hereto, his act of signing being of
his own free will and choice. Husband further acknowledges that
by signing this Agreement, he understands and is in full accord
with all of the provisions hereto.
18. ADDITIONAL INSTRUMENT - Each of the parties shall on
demand execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiary on insurance
policies, tax returns, and other documents and do or cause to be
done any other act or thing that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If
either party fails to demand to comply with this provision, that
9
party shall pay to the other, all attorneys' fees, costs and other
expenses reasonably incurred as a result of such failure.
19. COURT CONFIRMATION - Both parties agree that either
may present this Agreement to a court of competent jurisdiction in
order to have it entered as a binding order of Court.
20. ENTIRE AGREEMENT - This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakinge other than when expressly
set forth herein.
21. MODIFICATION AND WAIVER - Modification or waiver of
any provision of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance 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.
22. DESCRIPTIVE HEADINGS - The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
23. GOVERNING LAW - This Agreement shall be governed by
and shall be constructed in accordance with the laws of the
Commonwealth of Pennsylvania.
24. BINDING EFFECT - This Agreement shall be binding upon
the parties, their heirs, executors, administratorn and assigns.
10
In consideration for all the mutual promises and
agreements contained herein, the Wife hereby agrees that, although
this Agreement is being executed on the date first above written,
it is agreed that the Husband is allowed to remain in the house
with the Wife and children at 1007 Bridge street, New cumberland,
Pennsylvania for a minimum period of one (1) year of this
, I
, .
,
I Ii \ .
"
Agreement.
IN WITNESS THEREOF, the parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals the
date and year first above written.
/'
r..... ~.. (".' .... ..-
HAROLD THOMAS SIMS
ADELE MARIE SIMS
11
Adele sims
1007 aridge Street
New Cumberland, PA 17070
.., .i.. v, .i..
..fo~o....' of '.p.~.tion A9~....at
1/10/96
1/10/96
2/2./96
5/, 1/96
9/6/96
9/11/96
Plus costs:
_ Initial consultation with Client
1 hour
_ Letter to the Defendant
.25 hours
_ preparation of complaint
_ preparation of Petition to Arbitrators
- Meeting with Client
_ Attendance at Arbitration
1.2 hours
.15 hours
. 8 hours
2 hours
Total :
5.4 hours
100/hr x 5.4 hours - $540.00
Total costs
$45.50
$75.66
$15.00
$136.16
Filing tee
Sheriff's costs
Arbitration tee
Total fee and costs -
$616.16
5HE~!FF'S ~ETURN - OUT OF COUNTY
CASE N,::: 19'3"-(10'370 P
CO~M0N~EALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
;:111'; !i.N:.LE: MARIE
1',7:"
. - .
~_~;~!.;_._ntr::'J !-!)
. F '. Th.':."l_~~g__r;~llnst____________.J Sh-?f J..!!, wh., b~ing duly sWlJrn 13~,=')rrj In'J
~.,-, 1::\'-1, Z~'i4' th3t h~ madi? a dilig.:nt.. .3~aLch :.lnJ inquir'l ror t.ht? "'lU':.i.ri
r\j(I'.:-'" d.;. [.::r:d;l;n i: , ~.,) 'tI/:.. t: _SIM,.[~F;Q~~_.'_.._____m.__~__.__._~.._.._~~_~._______..
bu~ wc..,' unab1~ ~,' loo::at...
Him
YIJ~!\
~n }li~ bail1wlck.
HO? th~roe!",.~
"J.~ ~".1 t 1 ::~".:f t t;.? sh<?r' i! = 0 f
COI.Jnty, Pt:?nn;zy1 '1:Jrll:-.l,
+.'J z.er'/oil t:h~ within ~?L.o\!NT
------~._-----~-----..
On _A.;u:il
_ 3rd. 1996
__._' thi:3 offic~ was 10 rE',=",ipt. of
th.::> ;zIt:t-3.cr.~d ret:.urn from
YOP.!-:
_____ Cl='t.ln~.y, P~nrt~ylv:};"';_l).
':r.~r lff':;: c"zts:
~C' 3n~/ /~>'
,,-,,( I?1r~;~~,"~-,------,
.. "-~.orna.:o loe, _nerJ.Lt
r":l.~l,:.::. f:. i. ~:'J
Out: c;.! C(HJnf:y
SI"I r':-h.;lroE'
Y'-~rl~ CIJunty
19.00
9. 0'~
2.00
46.61':,
$~~~~ R. MAF.K THOMAS
0-1 "l~:1I1 ?,?Ie
~"'srn ,:)ild SI,lbz.=rlbtt.d 1:0 b~f>:,re m.;:.
ILl" _____ d~y ':It
I:'
A. (I,
---. -.. -'~----'---p"rGth")notary
ii1 'r:-;:; C~urt cr C-=mm~~',
-i
- \ .... -.-
1 .=_~
,. - :, ....
:::r f .l.... c,_ -......._-'f I ~'t-....'I
_ ~_""..-..::.:...i_i!-.....-.....I.JI
':l"'-.r:"'yl,,--i-
t _., ....1 _'It...
A;jele ~Idrie Sims
'is.
Hdrold Sims
;0;0. 96-'l70
("1 vi 1
::-
~ow. Februarv 23
:9-ti,. L S~~~ O~ c~a~..!..A..'i:) COt.;f':'Y. ?~ ~~
::=':ly .:...~ = n,==r ai York
Cwu::'1 :.:J =--:::~ =:s ",V::;
... .. . .' . .. f.
:.:::.s -:.:::u=::ca. :::::11 =-:.: u ~ :::r~ --" :"'~ 0
== ?f..:_=:.
(-;~,~::.~.,~:.:~~
S"alL-~ Q'f S:':::::::C:-....1:Q C~u::y, :3.
.a.~..J-...:...o.:.'" .
~~ ~.... . .::e...--n.=
:-iow,
March 11,
'0 96
.-
.. 1: 50
o':.!ca . 'P. \'(.1::",::-:1
:.::.~ wi':';" complaint
'~?CQ
Harold Sims
It
18 Ross Avenue, 2nd Floor, New Cumberland, FA
:y=.:u:~:o
Harold Sims
10 true and attested
cprcf=.e
:.~' ,1 at 18 Ross Avenue. New
- Cumberland, FA
...
3.nd - ~,.;- i:::.awa :0
him
::.: .:::t:::S :::.:.-::t.
So a::sw=,
:'J
p~4-/~
S<::::5 at . York
CoWUT, ?:.
')
. '4
co
,.~
COSTI
~. ,j,,"1C:::: S 18.00
~au..>.GZ 26.66
.u: wA;"i7 2.00
...
S 46.66
:_ ---.l
,
t(FCF [PT Fnr( P(')YI'U::r1 r
.....-.....-.,."......
..,..........-.-..... ..
......-.......-....
.. .- ~- ....--.. ....
Cu",tH'f"l,wd County P,'ot.honol';,.Il'Y' '.' n f fi,Cl'
Ca"rlisle, Pa 17013
r\f.-~Celpt; [)att] 01.:~/,.~I~/'Jf.,
Heceipt Hmf.! 14::l/:1(il
Receipt No. J~j2~Jlil
SIMS IlDELE MARIE (VB> S 1I1S HARULD
C..se Number 1996-00970
Received of PD ATTY THOMAS
Tot..l Chec",... +
Total C..sh.... ,~
Change........ -
45.50
.00
_...,....__.........,.,.,........,,:...@,!1l.-
Checlt, No.
1019
Receipt total. = 45.50
_.______,__________'_______ Dist'ribution Of Payment -------------.------,-------.----
Transaction Description
COMPL.AINT
TAX ON CMPLT
SETTLEMENT
JCP FEE
Payment Amount
35.00
.50
5.00
5.00
CUM[IEHLAt\D CO GENERAL FUI-tD
BUREAU OF RECEIPTS AND CONTROL.
CUMBERLAND CO GENERAL FUND
[IUf<EAU OF RECEIPTS AND CONTROL.
45.50
-"
NEW MATTERS
1. As stated in the agreement, the Defendant has paid the
agreed upon spousal and child support without fail and on time.
The Defendant has paid all known health insurance benefits for
spouse and both children.
2. In addition, the Defendant has directly provided at
least the following support for Kristen and Daniel Sims during
the period of April, 1993 through November, 1995:
A. High School TUition/Registration $10,500.00
B. Medical/Dental/Vision $ 642.94
C. Soccer Camp For Daniel Sims $ 250.00
D. Sports EqUipment/Registration/etc. $ 265.59
E. Fee for driver's permit (Kristen Sims) $ 30.00
$11,688.53
Respectfully submitted,
,I -(L
H~ims
Defendant
18 Ross Ave.2nd Floor
New Cumberland, Pa 17070
(717) 774-8547
,
.'
2
.
I
ADELl' ~fARU: SutS,
Plaintiff
rN TIlE COURT OF CO~lMOII PLilAS OF
CL1IBERI.;,ND COllNTY. rENNSYLVAlIIA
110.970
CIVIL
1996
v.
HAROLD S 1MS.
Defendant
RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially
in the following form:
PETI':'IOM FOR APPOINTI1ENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
R. Hark Thomas, Esquire . counsel for the plaint1Ef~1i~1S in
the abov"
1.
2.
action (or actions), respectfully represents that:
The above-captioned action (or actions) is (are) at issue.
The claiil! of the plaintiff in the action is S .3 ":;/OO,~"'" tJI.l.5
The councerclaim of the defendant in the activn Is AI/.4
,
The following attorneys are interested in the case(s) as counselor nre other-
wise disqualified to sit as arbitrators: R. Mark Thomas, Esouire
Murrel R. Walters, III, Esquire
WHEREtORE. your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfulx~ted~ ~
:/ '1ttV# / /t,,;'7;tU'-;tL
~. ar Thomas, Eso.
AND 1l0W,
ORDER OF COURT
J ,19~,
petition. Ci:JlloJ L /ndfA Lj
UANl'S. ~Yut .ES~., are
Vu./V
in consideration of the
Esq., JJ/iv,'d };flIlf.'/C,
/
appointed arbitrators in the
foregoing
Esq., and
above-captioned action (or actions) as prayed for.
/1-
P. J.
..'
C,.f.
. d ,<
F,);;;'",IL... ", \
"
.,
'J
, .
.
CERTI~ICATE O~ SZaVICI
I hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated
below, which service satisfies the requirements of the pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the
United states mail, Mechanicsburg, Pennsylvania, first-class,
postage prepaid, as follows:
Harold Sims
18 Ross Avenue, 2nd Floor
New Cumberland, PA 17070
~A-
:/ #//
%t (~ ) /!.,>?/,(,a..
R. Mark Thomas
Attorney for plaintiff
54 East Main street
Mechaniceburg, PA 17D55
Dated: ~ II 19?e..
J I'
rt)1l'-
~o-.
l' I'
_1'11
~il'
.
~ -s~
.
11' '\.
, . ~
'Q
\,;
-.....;
I .,.
. ' ,-
I'
.
. .
"'"
.j
,~',
f.
, , - ~
h(
"
il
"
. ,
~;:
'.).r;....-
'..i';';.'"
t !. ~ i"
.,
t.:
,-;:-,1" ',I
T
:-'(,
. .'
..-
r c'
""c,.... .'_' .
/.?;..~?I'/'r'/*
1-"' ..
'I
',"'.,
JI~
9(,
~
l-.h4-C..n~/#'
I'
II
II
I
I,
I
I
I
ADElE MARIE StMS,
IN HIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNry, PENNSYlVANIA
Phlintiff
CIVIL ACTION. LAW
.'
v,
,-)
NO: 96 970 CIVIL TERM
HAROLD SIMS,
O..I.ndanIS
OATH
11
i
I
I
I
We do solemnlv swear (or affirm) that we will support. (1bey and derend the Constitution of lhe
United States and the Constitution of this Commonwealth and that we will discharge the duties of our
office with fidelity, . '"\
II
II
IIChuHlllil1l1
We. the undersigned arbitrators, hilVlIll) lwen duly apPolllted and sworn (or affirmed), make the
following award:
I
I
II
:1
I'
I
I
I
IlVot.. II ""/~'IIIf'" /,., """'v .11" '''\.1,,/....1 f/',.v v",llt,,. Of'J',II."..I\I It.Hl'i
~ '-fltL.- fL."1 h.{b - '~m1./l:l~"'> "\. '--t{..\.- .1.#11'7-;/4 f ~_
- f;t6 2t., (70
Arbitrator. dissents. (Insert n,JII1f' d ,'11/1h.:,J/J!t>,J
Date of Hearing: Wed" Seotemher 11 , 1996
~"J'l,f./I. J11b
J .
Date of Award:
//'0 H/1<1 ~/Ij lr!~ E"l/lllrtl
-----J-4L;d! /~
NOTICE OF ENTRY ~~ A~J::~ K:... ' E",,,,,..
I
I
,I
~ J - D
Now. the 1/ -. day of ,,/.-../,_- , 19/~, :,1 ...L..:.L"L- o'clock, ..L_.M" the ahove
,
award was entered upon the doc~et ilnrl.lOtlcH rhf:feof given by lllatllO the parties or their attorneys,
. ,C.
,j:'t..I.....It:.._~~-.
t.~',i..~~
,....
';
PfoltlIHHll",,.
Arhitrators' compensation to he
paid upon appeal:
$ ~' .., ." i.t.;
By:
i
I~ ,,(,_ (~ /1 ",Lt,-
I I
O"~HJly
4,
,
,
.
I',
\
,
,
...
, . j
Ioc.
,
,
.~
~
.-
,'0,
'(
,
.
,
;'
.,
i
f'-.
,
Ill'
()
J-,'
:.-:,
...:
,..
"
L
-
-.
.,
'!
,.
"
-~
..;
.J
--,
,"-~I
.--'-IC,)
"I
r......-".....
II
II
I
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
ADELE MARIE SIMS,
v.
:
NO: 96.970 CIVIL TERM
HAROLD SIMS,
Defendants
NOTICE OF HEARING OF BOARD OF ARBITRATORS
You are hereby notified that the Board of Arbilrators appoinled by the Court in the above
captioned case will sit for the purpose of their appointment on Wednesday, September 11, 1996 at
2:00 p.m., in the 2nd Floor Hearing Room of the Old Courthouse, Carlisle, Cumberland County,
Pennsylvania,
BOARD OF ARBITRATION
Date:
7/;"J;/1/f
f
COPIES TO:
A. Mark Thomas, Esquire
54 East Main Street
Mechanicsburg, PA 17055
(Marney for Plaintiff)
:1
i!
:1
il
il
I,
!I
:1
,
Mr. Harold Sims
16 Ross Avenue, 2nd Floor
New Cumberland, PA 17070
(Pro Se Defendant)
.
It. MARX THOMAS
ATFORNllY AT LAW
"/lAST MAIN STRI!!T
MI!CHANICSBIJRG, PA 17066
(711) 61.- r.u (117) 69,.,396
~JUN105
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ADELE MARIE SIMS,
Plaintiff
.
,
HAROLD SIMS,
Defendant
I
I
NO. 96-0970 CIVIL TERM
AND NOW, this
ORDER OF COURT
'l~day of June, 1997,
upon consideration of
Plaintiff'e Motion for Sanctions, the Defendant is DIRECTED to
anewer the interrogatoriee within 20 days of service of this order,
Service may be made by ordinary mail.
BY THE COURT,
J.
R, Mark Thomae, Eeq.
54 East Main Street
Mechanicsburg, PA 17055
Attorney for Plaintiff
Mr. Harold Sims
2nd Floor, 18 Ross Avenue
New Cumberland, PA 17070
Defendant Pro Se
efu....-
(l">~~A ~/'3Iq'7.
..& 'f.
:rc
C'! \,i.')
S -.J n
'TI
""\..:.,, ~-~: I
Q';:, ~l: T]:j
!^..':'i :"1,_.
. ']
(/1' - , '
I" - II"
;".. li
,::<"':- ;:'~ .)
-1:' .. >'1
,.C . ,"r
.' . :. }(-)
("-,
"#''',; _.. [II
.. '-.
: ."~
:'..
'" ~iJ
-<;
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLA"lD COUNTY, PENNSYLVANIA
: NO, 96.970 CIVIL TERM
ADELE MARIE SIMS,
Plaintiff
HAROLD SIMS.
Defendant
: CIVIL ACTION. LAW
ORDER OF COURT
AND NOW, this
day of
, 1997, upon consideration ofthe
within Motion for Sanctions and on motion of R. Mark Thomas. Esquire, it is hereby
ordered as follows:
1, The Defendant, Harold Sims, is hereby granted twenty (20) days from
the date of this Order within which to serve R, Mark Thomas, Esquire with
Answers to the previously served Interrogatories in Aid of Execution; and
2. The Motion for Sanctions is hereby granted and the Defendant, Harold
Sims, is hereby directed to pay attorney's fees in the amount of $150,00 for the
additional work caused by Defendant's failure to satisfy the judgment,
By the Court,
J.
6. Harold Sims was given notice that he must serve upon R, Mark
Thomas, Esquire, Answers to the Interrogatories within thirty (30) days after the
service oCthe Interrogatories pursuant to Pa,R.C,P. No. 4006(a)(2).
7. To date, Harold Sims has not served Answers to the Interrogatories
upon R. Mark Thomas, Esquire,
WHEREFORE, Petitioner prays your Honorable Court to enter an order
compelling the DeCendant, Harold Sims, to answer the Interrogatories pursuant to
Pa.R.C,P, No, 4019(a)(1)(i) & (c)(5) and grant such other relieC as the Court
determines appropriate.
Respectfully submitted,
~~
R. Mark Thomas, Esquire
Attorney for Plaintiff
54 East Main Street
Mechanicsbul'g, P A 17055
(717)697.4650
10# 41301