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HomeMy WebLinkAbout00-02203 , ;,;"'''''''''''+;;t; :to , , , , , , , , , , , , , , , , , , , , , , , , . . . ,. . . , . . . . . . . . . , . . . . , . , . . , , , . . . . . , . , , , , , . , , . . . . :f';t;:f.;t:'" '.., . . , ;to ;to:+: Of. , . , :f.Of. :+::+::+: . . . , . '" ;+: "':Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF WENDY L. VANSCYOC, PENNA. Plaintiff No. 00-2203 CIVIL TERM VERSUS MICHAEL S. VANSCYOC, Defendant AND NOW, DECREED THAT AND DECREE IN DIVORCE MfJ 7 ~ 3.'!fJ/.M. 2003 , IT IS ORDERED AND WENDY L. VANSCYOC , PLAINTIFF, MICHAEL S. VANSCYOC , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; :+: :f. '!'Of. '" '" '" .. , , "":+::+:'Ii;l' None. J. , , , , , . ' . , , . , "''Ii :+::+::+::+:T. .. ,. . :+: :+: :+: :+: it: :+: it: "''''''''Ii'''''':+: - !~' . , , . . . . , . , . , . , , , , , , . , , , , , , , . . . . , . . . . , , , , , , , , . . . , . , . , , , , , , . , , , , . . , , MiUi".''''~I..~ - lIlliL..iMim ~ ~" ..............- ~~ >~;.; "~...J .' ,"-"",,,,,,,,,~..-" '= .~.~-' ~-. 11-- 5.~..t>3 {UI, ~~ Ib~~ ,).</"()J j?~ ~ "3' .elf' s:-..~ . WENDY L. VANSCYOC, IN TIlE COURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2203 CIVIL TERM vs. MICHAEL S. VANSCYOC, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information; to the court for ,::ntry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Mailed to Defendant via certified mail, restricted delivery on April 14, 2000 and received by Defendant on April 17, 2000. 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff April 28, 2003 by the defendant April 25, 2003 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff I s affidavit upon the defendant: 4. Related claims pending: None~ 5. Indicate date and manner of service of the notice of intention to file praElcipe to transmit record. and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on April 28, 2003 and filed con=rently herewith; Waiver of Notice signed by Defendant on April 25, 2003 and filed con=rently,herewith. c ~Q.0 C Attorney for' Plaintiff~ Melissa Peel Greevy ~u " ~ , , - " "1 . ii I" IINIlIII!lIIIl "=~p~, ,~~ ~"""~~_,,,,",~m~~~"~ ~ ~ ~ ,~ - ~OO!:~~~@l~, <" . Q C) 0 C ~:",j -n =s: ':;;' -om ~:~". :~~\ rnrn ,~< '-r Z;JJ ':..!.i Z!;::~. ~z .-(J C2c::- -Tl ~c ~~ -0 );>c ~.~::::i ~ ''0 ~ -<. u:' ~ '''''11~IR'I~J!j;.fiWl~'~'_~~/!fr_,.,: 'C',,~""':~<l!ifill!mlil' WENDY L. VANSCYOC Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL S. VANSCYOC, Defendant. CIVIL ACTION - LAW ,u,03 No.dOX'l- Civil 2000 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or other property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 '~ ,'''' ',""-- ~,- ,-" '--- ". i'_" " _' .r -:-' WENDY L. VANSCYOC Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, Defendant. No. tJ1J- .l.Ja.JCivil 2000 IN DIVORCE NOTICE OF A V AILABIUTY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302( d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. !(ill. ! .~,' ~" " -. ''-'-; WENDY L. VANSCYOC, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, Defendant. No.01l..1J.03 Civil 2000 IN DIVORCE COMPLAINT IN DIVORCE UNDER ~ 3301 (c) or ~ 3301(d) OF THE DIVORCE CODE Plaintiff, by and through his attorney, Melissa Peel Greevy, respectfully represents: 1. Plaintiff is Wendy 1. VanScyoc, who currently resides at 407 Penn Ayr Road, Camp Hill, Cumberland County, Pennsylvania, since February 27, 2000. 2. Defendant is Michael S. VanScyoc, who currently resides at 5313 Ridge Road, Elizabethtown, Dauphin County, Pennsylvania, since January 1999. 3. Plaintiffs Social Security Number is 183-64-6385. 4. Defendant's Social Security Number is 188-68-1190. 5. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 6. The parties were married on September 28,1996 in Mechanicsburg, Cumberland County, Pennsylvania. 7. There are no minor children of the marriage. -""..~ ,,~~---,- "-"-~'" .- 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. There have been no prior actions of divorce or annulment between the parties. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling. 12. Plaintiff requests the court to enter a decree of divorce. 13. The parties may, but have not yet, entered a written agreement with regard to propelty division. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II EOUlTABLE DISTRIBUTION 14. Paragraphs I through 13 of this Complaint are incorporated by reference as though set forth at length. 15. Plaintiff and Defendant have acquired property during the course of their marriage until the date of their separation. 16. Plaintiff and Defendant have not entered an agreement as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. Lc~ , "' "'-' , ""'-""~ ~" , ~ . I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to Date: 4~ l \ . a:::) unsworn falsification to authorities. Date: 4- / /.2-0 uV Respectfully submitted, ~Q.G \ Melissa Peel Greevy, EsqUire J.D. No. 77950 214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for the Plaintiff .")l!!J . - ."--.'< <:~, "~- , < .-'- ,-.,,, ,-' , ... 0 c.:-.. ,::") C C --n ~~ P- O'- <:JC;:-: ~ry ~ ~ fTli'11 :::;) ;~~J /D ~~,_:: C'} !:t. ~ ...D ~C) ...,.., -- VI ~C) "3: ~?("~ ~ ..0 ~'--'. (50\ ~ .-"'1,.,...1 , , lJl PC ,"",' --" +. ::~ -,-." 0 ~ :D ::< ~ - ;-J (T' -< -F- 0J "t- j- I I i I , i I I , '-'~.,~.~ 1I!IiI1I1I!I'I .....1JJ!!II""'1IRfi!I!lIII!I! ",_~II"""""" ~ -"~!"'"-" -1"~ e,_...."..I!ft;~~!fll'Nm~~IQ!' , >... WENDY L. VANSCYOC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, Defendant NO. 2203 Civil 2000 IN DIVORCE RETURN OF SERVICE (United States Mail) The undersigned makes the following return of service: LAINT was mailed to MICHAEL S. VANSCYOC on April 14, 2000 at .m. at 214 SENATE AVENUE, CAMP HILL, PA 17011: The signed receipt, indicating service was made on 4/17/2000, is attached. The mail, refused and returned, is attached. A copy mailed to the defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. SIGNATURE AND AFFIDAVIT I, Melissa Peel Greevy, Esq., certitY that I am a competent adult not a party to the action. I veritY that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. paragraph 4904 relating to unsworn falsification to authorities. Date: 4/20/00 U/p:tq~ Melissa Peel Greevy, Esquire -'!'" -- ,~, '-j-' ,,.. ~ WENDY L. VANSCYOC, Plaintiff v. MICHAEL S. VANSCYOC, Defendant ;,J".~", ~ . c c c c( rf2,'cAd S. U-nSC- yoe- 53/3 f{tly.l&J.. fJ;'y.i:>,.el:lrlJJ &In( Pit t7 OJ). 5. Received By: (Print Name) , --~-, ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ',$ SEND R: >"0 -CClmp1~ ltel)'lS t~!i'or 2 fOr'addition-~LS$JViees. 1; _ Complete- items 3, 4a, and 4b~ - I -. -Print yoUfftame and address on the reverse of this form-so that we can retum1hls .. card_to ~u. = -Attach this form to the front of the maflplece, or on the back if space does not l!! permb. CD - -Write-Return Receipt Requested- on the mailpiece below th~ artlC:le number. -5 -The RetLlm Receipt will show to whom the article was delivered and the date c delivered. o ... 3. Article Addressed to: ~ Q. Ii () In NO. 2203 Civil 2000 IN DIVORCE I 8JSQ wish to receive the furrowing services (for an -extra!ee): 1. 0 Addressee's Address 2. ~rlcted Delivery Consult postmaster for fee. e Number o Certilied o Insured ndlse 0 COD omestic Return Receipt --~-"--~-~.,.,I. -" t g r i-' II, U, &! '" r a:, Ill' .E '" '" .2 '", g. " ... Iii J: ... 0_, - o ,'"'-' --~- "...~ (') C' ;:::;; 2~1 ~;S~" ~-;.':. ::::.":"">: :t-;c: -/ :'1 -....:, . ~ , C:") I:::.l ;r". ::.-.:; ;"',..1 <.:0 -" .-. -~ ,,-> (.,) .. 3*... , ( C J;: ::c -< .. ,. 1WB~~~'~f"'''' "~,~~~~r ~_, fJ'@l!IIII. Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM WENDY L. VANSCYOC, v. MICHAEL S. VANSCYOC, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. 11,2000. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on or about April 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to aullhorities. Date: 11- ws - 03 :21'1888 ~, !'I~ .--" 1--,<- ,., , 1 ., r - I ~ I ~ I; ,. lI!I",~_~ ~ ~ "I""'~1!!'II11i ..~" ~-~~, ~q -_.~~,~~ (') C) 0 C. f...:'> -n s: ::r; ul'}J- 'J;:'::"~ mn"[ ^< JJ Z:O z C , ".1 ; -'r-~ OJ :> '~ "S- ~ ~, \J~ f<C;' p{-" ""'~, -r~ 2>~ 0 be) n, ....'c ,::) -;'-~ ?B =2 ,'.j <0 -< -"l~mmJiilWniUW!lfl~~~ ?,. Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyoe, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM CIVIL ACTION - LAW WENDY L. VANSCYOC, v. MICHAEL S. VANSCYOC, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to aullhorities. Date: '1- Olf?- 03 ~~ e . an Sc{oc, PI :21'1888v2 ::lI"? ._,,~ H ,--,---- - .-,. , - ~~ '1 ....~ -- "~ ~~ -,."'~ "'1'!I'f"!"'11!11i!!! ~,,~ """'.. .~i,II'lfl'W!'II~I~~ w_ , - 0 C;; () C t.~:' "11 So :1t -at""}... ,;:.'1'>- rr1rL ~,~(.: (- Z:::c' z ,~ (;))0 -<~" C:J r-c, '<:' .~"f1 ~C; ,- ("j '-C [\1 >2 L":":j -;7 j;! ,- ,'0 ::;:: '0 :: r'If!Ifji~~~~::_'\!IIIl ".~r""""" ~ 1.1J.Ul Johnson, Dnffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 L(:moyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM WENDY L. VANSCYOC, .ill v. CIVIL ACTION - LAW MlICHAEL S. VANSCYOC, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. 11,2000. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on or about April 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: :211888v3 ,..1\2.5\0") ". 1'!jI!IIlI!l'JB ""n_ .,_ ''C--''_'" , , , , .. I Ii Ii ! ii'., ..~ "",I", - () c' ,..j C C'-I " R :J: -orr ,. mrn '..... i , .. Z::.c- ~?i ~~~ , ' r::C) <.c; ",.. ,:.; ,.PC.: -,," , ;-::;. z(~, ." >c: en Z ~,-! --f '-., 5i -<; , (; -< _~ ",...~"",_~j~~,_"""IIl"RflW!M'~~~, ,<.. J~)hnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 30 I Market Street P. O. Box 109 L(:moyoe, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM WENDY L. VANSCYOC, v. I- MICHAEL S. VANSCYOC, CIVIL ACTION - LAW IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made SUbject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 4 b,-)v!, ~~~, Dofo",""t :211888v4 rf.!'ill - I ,,' >;". , - ~ - , 1Il!m!Illl~_.."--~,,JI _._~~" ~~~..."I_!!!'Jll!li _!!I!l!'\If" ,_.l"<~~ (") G -011'3 rnp-j -,or :1\ ZL;~':. if)?.., ::<...;:- ~c. ~~(-; Z" _c' -'.. rC Z ::;J ! ~~""",'~Iffl'll'!'l'!'!~~I"'l,!!!f, r"l 0:) n ..:on -~ ~,-.* '~ ; ,'~ !~~ ..~ -', l~~~ -:.)(~ ~}:~i ,.() -rn '=~ ~ "< - ,,-, ,.0 ,~ ~- ~1 ..... WENDY L. VANSCYOC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-2203 CIVIL TERM MICHAEL S. VANSCYOC, Defendant : CIVIL ACTION - LAW : IN DIVORCE I I f , I I ~ I' t ~I ii " 'I I, I ! ~ I: I' r II Ii ! Ii ,! !1 II I I , I 1 11 II il 'I I, u Ii i: I: 11 11 .1 I, !i H Ii I' I Ii II l.1 Ii Ii I' DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes the Defendant, MICHAEL S. VANSCYOC, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully responds as follows to the Petition for Special Relief: 1. -5. Admitted. 6. Admitted. By way of further response, the parties were financially overextended at the time the house was acquired. 7. Admitted. By way of further response, Wife left the house voluntarily, and not at Husband's request. It would not make sense for Wife to leave and Husband to also vacate the house as the household expenses needed to be paid. 8. Admitted. By way of further response, Husband's efforts to refinance the house were unsuccessful, as he could not qualify, given his income and expenses. 9. Admitted. By way of further response, Husband has executed a contract for the sale'purchase of the residence, and expects that Wife will execute same in the next several days. 10. Admitted. By way of further response, due to Wife's unexpected departure from the marital residence, Husband did not have sufficient income with which to pay the mortgage and other household expenses. ;' Ii f; Ii , lJ [J [; t' ~; I !:~""~~-,,,. ~"-''',,,,__,'~_~''_'-_!''_'_ o_,,,,,_<:,'_'~ --'-'-i;-;',-<-~_' '''.,_,",~-,,,.,. .:[ _~__ - ", -"-'''''' ~-,"-~.. --- ~"-.'~" -~-"-~'- '~-'-~~---' ,"'~~-- 11. Denied. Husband is without knowledge as to the truth of this averment, and strict proof thereof is demanded at hearing. 12. Admitted. 13. Admitted. By way of furtherresponse, Husband's financial situation made it impossible for him to pay the mortgage payments for said months. 14. Admitted. By way of further response, the income as stated for Wife exceeds that of Husband at the time of the parties' separation. 15. Denied. Had Wife remained in the marital residence, the parties' .joint income would have been sufficient to pay the mortgage and household expenses. Her departure from the residence is the primary reason that mortgage foreclosure became imminent. 16. Admitted. By way of further response, Wife is not entitled to support or alimony pendente lite as a matter of law. ,I I ,I il :1 17. Denied. The averment as stated is a legal conclusion to which no reply is necessary. 18. Denied. Husband did not have sufficient income or means to pay the mortgage, in light of Wife's voluntary departure from the marital residence. Thus, Wife's conduct is as responsible as any factor in the real estate being on the brink of foreclosure. 19. Denied. The parties are jointly responsible for paying the mortgage and other household expenses, and therefore any expenses which may be due and owing at the time of closing are the responsibility of both parties, not Husband alone. Iii i~ "I :!i , ~ 'I !i :~-;, '0.' . '--'-?'^!"'~_~_'_7\ _,'"''=-'--' ,-?'1"-,-'"'i,>":~,"c~_"Y";'"P-"_C"-''''-", "'10'-" "._";. __,~__ }"'_":!~~__, ~,V=,~ ~_ "'__"-"",?_j'"" .;],'" _: _>__,,~ '.,_" ,,_ __ ~ ,,_"_~ ~~_'__~_,<" '0 , - ",..,- >. .--"' - '-~'-'- -, =-'.~, -,~" -, - 20. By way of further response, it appears as though the house has in fact been sold, as the contract for sale is awaiting Wife's signature. 21. Denied. Husband assisted in marketing the house for sale to the best of his ability, did everything which was requested of him by the realtor, and kept in regular contact with the real estate agent. 22. Denied. Husband is without knowledge as to the truth of this averment, and strict proof thereof is demanded at hearing. 23. Denied. Husband is without knowledge as to the truth of this averment, and strict proof thereof is demanded at hearing. 24. Admitted. By way of further response, Husband could not meet the requirements of the mortgage lender to assume the balances of the two mortgages. 25. Admitted. By way of further response, Husband also received said notices of foreclosure by mail. 26. Admitted. By way of further response, since is appears as though the house has now been sold, the Deed in Lieu of Foreclosure issue has been rendered moot. 27. Denied. Defendant's counsel herein has met with Husband for the purpose of responding to this Petition. 28. Admitted. 29. Denied. Any attorney fees and costs incurred by Wife are the result of her actions. i~, i"' ,~_c - , 7,:~-'_,~,,?,"_ '.'i:>,-,-"'~~,,-<.wn:n';"'1',"-,_,C'_ .,__';'.y,' "-?-"'''''''''''<'~~''-'.',.J_-_ ,"0"",,," ~', "'n'__'__"' . . ~ . 'R,~ . ",. '. ",",'0- ~"_""'_'" . -"._- ,.- -,--- - ~, .~--~, '" -"", -~ 30. Denied. Husband is without knowledge as to the truth of this averment, and strict proof thereof is demanded at hearing. WHEREFORE, Defendant respectfully requests that the Petition for Special Relief filed by Plaintiff be dismissed with prejudice at Plaintiff s expense. Respectfully submitted, Date: June 5,2001 MAX J. SMITH, JR., E e LD. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 h",,, "'-"''''''''__'~,''oM'..""_"".=,.,, .,'"',..A.."w..,.. "~=",..,, .'" " "',."",,,,,, ...""',,...',.,m' "" ._~. ._.. I verify that the statements made in this Answer 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. !i! p. J.;Gfo~ nil, , " '^~.,. --, WENDY L. VANSCYOC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-2203 CIVIL TERM MICHAEL S. VANSCYOC, Defendant : CIVIL ACTION - LAW : IN DIVORCE Ii II I Ii I t " I, I [; II i' I' I I i " I' ,I Ii , i I I ~I II II ii Ii II [I Ii tJ Ii " f; I! Ui 1\ Ij i' 1[1 r:j I'! Ii Ii :1 ~~ d [ I I I: I [ i It CERTIFICATE OF SERVICE AND NOW, this ~ day of June, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to Petition for Special Relief by depositing a certified copy ofthe same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Melissa Peel Oreevy, Esquire 214 Senate Avenue, Suite 105 Camp Hill, PA 17011 MAX J. SMITH, JR., Esq e J.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 II II [~ I.l ['J il i ~ " , [ i -;!'jJ1.t. '''','~ .<;., :',0.. ':\'~' '0',", "_'. ,""~A- _"-"'1",~,-,_,':",,"',y.""~""" _'i"'.' c-<-'.,_ ''', ",~,,,, _,of'"., ,.' -"";'_'_~~__'c."_ """;~~_. _ >.' -- . -~ ---"--"<-'--~' - . ." - -. - -",,~. -,_.~. \VENDY 1. VANSCYOC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-2203 CIVIL TERM l'vITCHAEL S. VANSCYOC, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TOPETffiON FOR SPECIAL RELIEF AND NOW, comes the Defendant, MICHAEL S. VANSCYOC, by his attorney, MAX J. SMITII, JR., Esquire, and respectfully responds as follows to the Petition for Special Relief: 1.-5. Admitted. 6. Admitted. By way of further response, the parties were financially overextended at the time the house was acquired. 7. Admitted. By way of furtherresponse, Wife left the house voluntarily, and not at Husband's request. It would not make sense for Wife to leave and Husband to also vacate the house as the household expenses needed to be paid. 8. Admitted. By way of further response, Husband's efforts to refinance the house were unsuccessful, as he could not qualify, given his income and expenses. 9. Admitted. By way of further response, Husband has executed a contract for the sale-purchase of the residence, and expects that Wife will execute same in the next several days. 10. Admitted. By way of further response, due to Wife's unexpected departure from the marital residence, Husband did not have sufficient income with which to pay the mortgage lmd other household expenses. ';~1l!!!O'l "~"., ~ ,-, ."~_,.~_~~_~ 11..4' ,11. Denied. Husband is without knowledge as to the truth of this averment, and strict proof thereof is demanded at hearing. 12. Admitted. 13. Admitted. By way of furtherresponse, Husband's financial situation made it impossible for him to pay the mortgage payments for said months. 14. Admitted. By way of further response, the income as stated for Wife exceeds that of Husband at the time of the parties' separation. 15. Denied. Had Wife remained in the marital residence, the parties'.joint income would have been sufficient to pay the mortgage and household expenses. Her departure from the residence is the primary reason that mortgage foreclosure became imminent. 16. Admitted. By way of further response, Wife is not entitled to support or alimony pendente lite as a matter of law. 17. Denied. The averment as stated is a legal conclusion to which no reply is necessary. 18. Denied. Husband did not have sufficient income or means to pay the mortgage, in light of Wife's voluntary departure from the marital residence. Thus, Wife's conduct is as :responsible as any factor in the real estate being on the brink of foreclosure. 19. Denied. The parties are jointly responsible for paying the mortgage and other household expenses, and therefore any expenses which may be due and owing at the time of closing are the responsibility of both parties, not Husband alone. "1'~;j4" - ~, ~ ~. l~__ ~ ~~ - 20. By way of further response, it appears as though the house has in fact been sold, as the contract for sale is awaiting Wife's signature. 21. Denied. Husband assisted in marketing the house for sale to the best of his ability, did everything which was requested of him by the realtor, and kept in regular contact with the real estate agent. 22. Denied. Husband is without knowledge as to the truth of this averment, and strict proof thereof is demanded at hearing. 23. Denied. Husband is without knowledge as to the truth of this averment, and strict proof thereof is demanded at hearing. 24. Admitted. By way of further response, Husband could not meet the requirements of the mortgage lender to assume the balances of the two mortgages. 25. Admitted. By way of further response, Husband also received said notices of foreclosure by maiL 26. Admitted. By way of further response, since is appears as though the house has now been sold, the Deed in Lieu of Foreclosure issue has been rendered moot. 27. Denied. Defendant's counsel herein has met with Husband for the purpose of responding to this Petition. 28. Admitted. 29. Denied. Any attorney fees and costs incurred by Wife are the result of her a.ctions. if .,.,_~ M . , , ~~ ~ _ i"I ~,_ - - 30. Denied. Husband is without knowledge as to the truth of this averment, and strict proof thereof is demanded at hearing. WHEREFORE, Defendant respectfully requests that the Petition for Special Relief filed by Plaintiff be dismissed with prejudice at Plaintiff s expense. Respectfully submitted, Date: June 5, 2001 ~~ J.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 - -0;1 "~.." , , - "~~~~ ...... I verify that the statements made in this Answer 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. /1/JlO ,,< Micnael s. van$Gyoc ",~ ;',1 ~-,..",..,.. " "",",,_M 'vVENDY 1. VANSCYOC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-2203 CIVIL TERM IV1ICHAEL S. VANSCYOC, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ day of June, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to Petition for Special Relief by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Melissa Peel Greevy, Esquire 214 Senate Avenue, Suite 105 Camp Hill, PA 17011 ~~ MAX J. SMITH, JR., Esq . e J.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~>>~ ,. ~ ^ ~ - -~",.., , ~- 2 ,'" -~~ ~r'l ~..r- <0 ~~-~-..."",., ~ ' , ~ e ". ~"- ,_. ~~-' "- -. 'iIMi () c::> 0 C -n s: L. -; -00:: c: ~~i~ :n mrrl -~... z.~ - -'j , ..,.m zc :-;~)o ~2~ --.I 0,1- ~C) ...--!,-..J -"tJ -"'" )> ~~~3 20 -'~ --0 ~ Om Pc: --l Z :::> :Po =< (J1 ~ ,"~~";" ~~~l'r'",<;o;i'>;"!"'T,mI-"fflI>fiii'l~"!!'!lf""l'!IfIWjf~!%'t'J'.~~n",,*m,,"~~__~~lt; WENDY L. VANSCYOC Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, Defendant. No. 00-2203 Civil Term IN DIVORCE CERTIFICATE OF SERVICE I hereby certifY that on this 31 st day of May 200 I , a true and correct copy of the foregoing Petition for Special Relief and Rule to Show Cause dated May 30, 2001 was served upon the following by depositing the same into the United States Mail, first-class mail, postage pre-paid to: Max J. Smith, Jr, Esquire P.O. Box 650 Hershey, PA 17033 I By: '".~ - ~^ , F " ,"~I~ - ,,',~ . 'H ,_"",'-, ~ '" "'-~ , h. ~_ '=~ - -"~-., "-. ,,,," ^~(.. (") 0 C.i C LJ~ " to '- ~rn c:: ::? ~X) ;z we -<:"",; ", r:: C' ~(~ ~ :J( :;:;:0 ~" c::: ......1 :z: =< D c..., ,'CO':_, '0"'1", ~-"r"_;' "''''''' _, 1l~__,JllIlllHl~rW~Ji!-,1l!~~ffii!i!l~.~_~_ _,lIl!ll!"fll~~I~~~, pJ!Jlllml.l! WENDY L. VANSCYOC Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, Defendant. No. 00-2203 Civil Term IN DIVORCE AND NOW, this RULE TO SHOW CAUSE JO~ day of fIIl~, 2001, upon consideration of the Plaintiff/Petitioner's Petition for Special Relief, a Rule to Show Cause is hereby issued upon the Defendant/Respondent to show cause why the Petition should not be granted. RULE RETURNABLE ~() DAYS FROM SERVICE. J. Distribution: Max J. Smith, Jr., Esq. P.O. Box 650 Hershey, PA 17033 Melissa Peel Greevy, Esq. 214 Senate Avenue Suite 105 Camp Hill, PA 17011 j) ~ L- ~OOI * ,;C_';:l!] "-',- .-'<-f,".=,",-,,-'- " ",~~-,,"- -"~"'- \r/n~'I/,,\J ! r,~ '1\ J-' J . '( 'r<;',..," ,1/\0!\IIJ:iC .iJ. \Jj h,J, ,! ni'. :L/'Lrl~':f'I"" . .. ", :~ .,"}''''/I,I!J ;:"1 'Z' "d "J . :"." [.", I',"; I J ) ':.. .r', ,i ~'~ t , J:j ',,'-' " . ,y..-'''~ ~>-" ~ ,. " -~ .. ~. 'rl -,_' -"~, ,-~ ^~--""~ u..'. ",....",.,o"',..,III!I" ' ~~"~:-~"'""" ~-"' ~~~~~""".." , --,-~ WENDY L. VANSCYOC Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, Defendant. No. 00-2203 Civil Term IN DIVORCE ORDER OF COURT AND NOW, this day of , 200 I, Plaintiff/Petitioner's Petition for Special Relief is granted. It is hereby Ordered that: A) The Respondent shall vacate the home at 5313 Ridge Road, Elizabethtown, Dauphin County, Pennsylvania, immediately, B) Respondent shall execute a deed return the home to the mortgage company in lieu offoreclosure action, if the mortgage company will still agree to this resolution, B) Petitioner is awarded attorney's fees and costs in the amount of $750.00, C) Any additional expenses and interest, caused by Respondent's failure to pay the mortgages in a timely fashion, be borne solely by Respondent, D) All of Petitioner's post separation contributions to the marital home be paid to Petitioner at the time of settlement should the home be sold, if proceeds are available therefore. In the event there are not proceeds or there are insufficient proceeds at the time of sale, Petitioner be due reimbursement in the amount of$3628.59 at the time of the resolution of the economic aspects ofthe divorce matter. BY THE COURT, J. -'1'!ll1 , , ~ -,' - 'I>> - CERTIFICATE OF SERVICE I hereby certify that on this ~day of ~/ 200 L, a true and correct copy of the foregoing Petition for Special Relief was serv~ following by depositing the same into the United States Mail, first-class mail, postage pre-paid to: Max 1. Smith, Jr, Esquire P.O. Box 650 HerSheY'PA~ ~6~ -.'. .,,,<,,,. ,-- ,,- WENDY L. VANSCYOC Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, Defendant. No. 00-2203 Civil Term IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, by and through her counsel, Melissa Peel Greevy, Esquire and files the above referenced Petition and represents that: I. Your Petitioner is Wendy 1. VanScyoc, (hereinafter referred to as "Wife") and is the Plaintiff in the above captioned divorce action. 2. Your Respondent is Michael S. VanScyoc (hereinafter referred to as "Husband"), and is the Defendant in the above referenced divorce action. 3. The parties were married on September 28, 1996. 4. The parties were separated on February 27,2000 with Husband residing in the marital home. 5. Wife filed for Divorce on April II , 2000. 6. During the course of the marriage, the parties acquired the marital home which is subject to a first mortgage with a payment in the amount of $929.93 per month and a second mortgage with a payment in the amount of$154.26 per month. 7. At the time of separation, Husband indicated he intended to retain the marital -;IJIIOl*"" -'1 home. 8. In correspondence dated May 26,2000, Wife's counsel requested that Respondent refinance the home in his name alone within sixty (60) days. 9. On or about July 5, 2000 Husband decided to list the home for sale in a contract which terms expires in January 2001. 10. On or about August 28, 2000 Wife discovered that Husband had not paid the mortgage the prior month. il. In several attempts to prevent foreclosure, Wife paid two second mortgage payments in September 2000, the first mortgage due for October I, 2000 and the second mortgage payments due for October 2000, November 2000, and December 2000. Wife's post separation contributions to the mortgages totaled $3071.62. 12. Husband retained counsel who filed Entry of Appearance dated October 26,2000. 13. Husband did not pay the first mortgage due for November 2000 and December 2000. 14. Wife is employed at Rite Aid Corporation making a weekly net income of approximately three hundred fifty five ($355) dollars. 15. Wife, who does not reside in the home, is making a greater effort to protect the parties credit and prevent foreclosure than is Husband who resides in the home, essentially rent free. 16. Husband is paying no voluntary support to Wife and no Order for alimony pendente lite is in place. 17. The Pennsylvania Support Guidelines presume that the spouse occupying the marital residence will be solely responsible for payment of the mortgages, taxes and insurance on '_'lJ~ "-." ."., -?, ~ '-, the property. IS. Husband's refusal to pay the mortgage on the marital home amounts to dissipation of marital real estate and may subject the parties to additional debt. 19. Because of Husband' s non payment of the mortgages, there are additional costs, interest and expenses which the parties will be forced to bear at the time of closing, if the home is sold. 20. The parties had the home listed for sale under a contract that expired April I, 2001. 21. On a number of occasions Wife received calls from the real estate agent that Husband was not returning his calls or otherwise cooperating with the real estate agent. 22. Wife made additional investments to the marital home in effort to improve it's marketability by the purchase of a water disinfecting system and paint. Wife has also invested substantial amounts oftime painting in the home and cleaning the roof. 23. Wife has arranged a forbearance period with reduced payments for the months of December 2000, January 2001 and February 2001 on the mortgage to prevent foreclosure. 24. In correspondence dated February 21, 2001, Husband's counsel reported that Husband was exploring the possibility of assuming the mortgages. 25. On May 7, 2001 and May 9, 2001 Wife received Notices ofForec1osure in the mail. 26. In cOlTespondence date May II, 2001 Wife's counsel inquire whether Husband would agree to execute a deed in favor of the mortgage company, in lieu of foreclosure on the home. Wife's counsel asked for a response by May IS, 2001. 27. Husband's counsel had received no response from his client as of May 16, 2001, "- .'--\' .. -, ~"~ but did promise to contact Wife's counsel if he heard from or was able to reach his client. 28. Upon reasonable belief, Husband continues to reside in the marital home. 29. Wife has incurred attorney's fees and costs as a result of Husband's non payment of the mortgages. 30. Wife has suffered damage to her credit rating due to the impending foreclosure for nonpayment of the mortgages on the marital home. WHEREFORE, Petitioner prays this Honorable Court grant the Petitioner the following relief: a) Order the Respondent to vacate the home immediately and execute a deed return the home to the mortgage company in lieu offoreclosure action, if the mortgage company will still agree to this resolution, b ) Award Petitioner reasonable attorney's fees and costs, c) Order that the additional expenses and interest, caused by Respondent's failure to pay the mortgages in a timely fashion, be borne solely by Respondent, d) Order that all of Petitioner's post separation contributions to the marital home be paid to Petitioner at the time of settlement should the home be sold, if proceeds are available therefore, e) Any other reliefto Petitioner deemed appropriate by this Honorable Court. Date: ~/ Melissa Peel Greevy, Esquire 1. D. No. 77950 214 Senate Avenue Suite 105 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for Petitioner 10" '-"", l' .~- VERIFICATION I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. S. ~ 4904, relating to unsworn falsification to authorities. Date: ,--;" "-: .NationaICilye ~Aortgage National City Mortgage Co. 3232 Newmark Drive' Miamisburg, Ohio 45342 Telephone (937) 910-1200 Mailing Address: P.O. Box 1820 Dayton, Ohio 45401-1820 I I I i I , I , I 1 I I I I I , 1 I 1 II " " I' , i I: \i " II I, Ii !, II II :1 I: " ii I, " Ii I I; II II I, Ii I: !i I, " n I' ii " I: Ii " Ii II ! ~ II Ii Ii i' i; fi " II 1-; " iI !:.;t ,,_" May 07, 2001 VANSCYOC WENDY L 407 PENN AYR RD CAMP HILL, PA 17011 Loan No, 958258-4 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 5313 Ridge Rd Elizabethtown PA 17022 IS SERIOUSLY IN DEFAULT because: YOU HAVE-NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month (s) 01/01/2001 - 05/01/2001 and the following amount(s) are now past due: Monthly Payments Late Charges Less Suspense Balance Total Due 4,828.65 256.76 .00- 5,085.41 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL.AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 5,085.41, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment@ must be made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Collection Cashier 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) DR674 FT8 Page 1 '?"'-~- "" '-~ - -"-'"'."'~-~""~ ,"", " ,,~ ~" ,Po, , . '-, ":, . -~ < "."~c " "", ^,,""' ..........,,) "'_"~-_",~c<-'~n' "<'F,.,,-,II'C ,,--!';, .~ ~,-~>. iiI\ii. (') '__.1 C) ~ -n _.;.~ .,.' fTj ~ j rnl~-: -"~. Z , ",) --7 ",,';'" , ..'" (}J ~?.. r:~ C.' "'D <: ;JC" C' :",;::: :?; C' 1',1 " ):;, C .~ -4 Z ',--. "vfl -' =< (Jl :::::. l"""'r"~'-""'.~1f:'I - ,!'!'I:':~ WENDY 1. VANSCYOC, Plaintiff vs. MICHAEL S. VANSCYOC, Defendant : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2203 Civi12000 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO TIIE PROTHONOTARY: Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for Michael S. Vanscyoc, Defendant in the above-captioned matter. C/)iPyrpJ Max J. Smith, Jr., Esquire 1.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 6S0 Hershey, P A 17033 (717) S33-3280 Date: October 26,2000 ; i , i I , I I I I , ! I II [I II t! 1[, .". - ",. .,/,,~. -:'_("'~'4'lC ~"-_._'C-{;'~T:"-C"--;Y" "'_" ,'c1-:# ":':~'~:',~,,' _ '-, :;07_' ,. ",-,-,,<,,- .- -"~:o;,,~~ c',.. '_ . ' ,- '. "', '_~7--_ ~ , " -, . -'- "'-"',"';;c,-_),_ ^-.'- ,^., -- ~~-\-,i<,,,,,,_~,,_,,,___,,.,,'"-:,_~'7'>~- ...."t_ ... I" - <:) c:> 0 C 0 .' s: ;Z .-1 -OW C) ~,r~~ rnm ....; Z::n , '"€"JtD -'s:o L_ ""- 0'. 0.'0 (fLo. ,.' L 2'<:- '2Cl _C! :P> ,~;~~ "- )"-"'C""\ :3: Z ' 5>g ill <s=::rn L~ Z W ~ :< -< .-,~ ,..,~"~- ,r 1!II!Il1M!1i!l - WENDY 1. VANSCYOC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL S. VANSCYOC : NO. 2000-2203 CIVIL TERM ORDER OF COURT AND NOW, this I 9TH day of JUNE, 2001, after considering Respondent's Answer to the Petition for Special Relief and it appearing that there are facts in dispute, we will schedule a hearing at the request of either party. Edward E. Guido, J. :sld y .I~ r~ o.:D' V\;\ il 1] i! !I 'I ;j Melissa P. Greevy, Esquire 214 Senate Avenue Camp Hill, Pa. 17011 : II jj " !i a " , , -il ;1 il 'I 11 Max 1. Smith, Jr., Esquire P. O. Box 650 Hershey, Pa. 17033 1~ ;'i , ::! " ;'1 'i ?!\i'._-"""",, i-~' ~ ~ d'. .~~ - .~~ ~~'''''-"''''< -"''''~liUr.. , ViNV/i7J8NN3d J '!W1n" r!^ ""1' '-"~"I'''''' I\L ""."j ','i ;I,'t;:Ci'\, Iv ry C : II!1V 6 I {;or i (j '6"-'''' II, '/J.t,.'I'; ,_,. ,.,".' . .,.,""", ,.,', ~'- ~~rB"--:- _If!lI!lIm~._ if~,l~plmi . ~," ~,. -"",,,,M,,. . , . ". , -, ,'~- ,--:,,- ",- -'< "~.-..~ . Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM WENDY L. VANSCYOC. v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC. IN DIVORCE Defendant CERTlFICA TE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, DHfendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be! served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: September 20, 2002 JOHNSON, DUFFIE, STEWART & WEIDNER o B~ElL ~ . e IS a Peel Greevy :1!;8491-3 -<<. ,,' ~,~ ",' ~< -". , -',' ~- ' - , ,.. ,-- '" 1'- II ,I Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy 1.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM WENDY L. VANSCYOC, v. CIVIL ACTION - LAW MIGHAEbS.-VANSCYOC, IN DIVORCE Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Michael S. VanSycoc cia Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If 110 objection is made, the subpoena may be served. Date: May 22, 2002 JOHNS~, STEWART & WEIDNER ~., tho . issa Peel Greevy :158491 "~ - " , >-,~ II I '. . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WENDY L. VANSCYOC, v. MICHAEL S. VANSCYOC, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Attn: Pension Dept. AETNA Investment Services, LLC c/o ING Life Insurance and Annuity Company 151 Farmington Avenue TN21 Hartford, CT 06156 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of any and all documents relating to investments, 401 (k) plans, or annuities of the Defendant, Michael S. VanScyoc, SS# 188-68-1190, at 301 Market Street, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Melissa Peel Greevy, Esquire 301 Market Street Lemoyne. PA 17043 (717) 761-4540 Supreme Court 10 No. 77950 Attorney for Plaintiff BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy :158491-2 ";'<1] .. _-'t - . " -_...~, ~I!I~L ~. ~~., ~ " ..",~,._""",,,,"~& e 0 0 N 'TI '"O~ U) .-< fTI :J: ~rn "'tJ '--"i:D ::r:; ;. r- ZS; N --aIT1 ~Z W 'oQ <;)g ,<:0 --0 --;1 ,t ~O ::;z i"j :.n .,:".() 0 'f} om >c .-< ~ r'-' S5 -< ~ w.""",,,,,_^,,_(;W~~"""-lfI'll;'lt':~H!'T'!'lij~"'~!'\l~i'iIWifmlS:IlR~~~j[fflJ,,,,", ,__~"""'I""_,.,~,~lr ,,,,, 'I\r o Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 779S0 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM WENDY L. VANSCYOC, v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, IN DIVORCE Defendant ,t,n"" c:: . -0 NOTICE .- "'O:l: fTI- :z:Z If you wish to deny any of the statements set forth in this affidavit, you must file ~ within twenty days after this affidavit has been served on you or the statements will be ~~t :z: -< AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on February 27, 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.. S. !l4904 relating to unsworn falsification Date:f;1tIL '7; 2603 to authorities. 'J.,... ,11"""'"' _ , -~ <" - - -- ,--~.,.--, , - ~ CERTIFICATE OF SERVICE AND NO\lll, this $dV day of April , 2003, the undersigned does hereby certify that she did this date sen/e a copy of the foregoing Affidavit Under Section 3301 (d) of the Divorce Code upon the Defendant and his counsel causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Max J. Smith, Jr. Esquire P. O. Box 650 Hershey, PA 17033 ';f'" ~">,,....._~, I. ~ '_M >> -~ "'>~-~""'--. ~,\ 0 C) () <;;;; Lc) .'1'1 ::;" ;;:'3 ::;-J -D j'-'---; "n Iii U' ;;::(,J .'- " .<. 1":1 ':.:.) (f) C'] -"" L r~ , \,.' d2: c. ", [) /'- ~::' '. :1> e-" c'") rn ~c ~::I L:., 1"..) -,.> :0 -< , 0 -< !~Jt'" ""'"..,,,,-, ~>."~ l!'I'lII-'~~IfMl,'!!~ ,...,. 1ll:1!!Wl~"'\!!l_\'1I~,~'!!'"I'~'I"~DlIDl!ll!!fflmI,*mmW~~~I!l'M-iR~_.IU(i t*-. Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy 1.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4S40 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM WENDY L. VANSCYOC, v. CIVIL ACTION - LAW MICHAEL S. VANSCYOC, IN DIVORCE Defendant PRAECIPE TO WITHDRA W COUNT /I OF COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please withdraw Count II only of Plaintiff's Complaint in Divorce filed on April 11 , 2000. Respectfully submitted, Date: April 30, 2003 STEWART & WEIDNER ~ :212821 ,~ ~jJ!IIIII!II" , . '",1, ~F~' '".' I .- , CERTIFICA TE OF SERVICE AND NOW, this 30th day of April , 2003, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe upon the Defendant and his counsel causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Max J. Smith, Jr. Esquire P. O. Box 650 Hershey, PA 17033 .';1 R~_, ...~ III - ~"' ... ~~-~ "', _..,,_I~~__., _""11~ - ,. ~ ~-'& -. .' I:) (,:) 0 C 0.) ,1 s: 3: -0 CD ,;":J" ; 0 ~ nlfTl -~ 2=1": '0 IT: Wl-~ ,"7 -' .:S -' ~! ." ~....;.;.. f", \O:C ::;:-,'_T "\'.-. :1J -~"' [C._) ~C~l --;1' 0 L_C, ~j m 5'>C: 2 -~-, ~ i'-' '5:) , 0 '< .~~_o__=_. _".,.__.=,.~~__11ll ~J!IilII!l~f,' Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania I 7043-0 I 09 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2203 CIVIL TERM CIVIL ACTION - LAW WENDY L. VANSCYOC, v. MICHAEL S. VANSCYOC, IN DIVORCE Defendant Notice is hereby given that the Plaintiff in the above matter, having been granted a final Decree in Divorce on the ih day of May, 2003, hereby intends to resume and hereafter use the previous name of WENDY L. MERRIS and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16,1982, P.L. 1309 No. 295, ~702; 54 Pa.C.S.A. 704, as amended. ~~ TO BE KNOWN AS:~ ~:Y"' COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND IJ.f}. ~ On this, the 7 day of. , 2003, before me. a notary public, personally appeared WENDY L. VANSCYOC, known to e to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ~l/fili:U- . ,'~~~l~~?'~"f)~~;\ ". -: -:.~:"~-.~".' ~;,.:. - -,~,,'- . 0. _~-:-_ Notarial Seal Kristee K. MyeIS, Notary Public I.ernoyne Boro, ClJmberland County My Commission ElcpiIea Dec. 2, 2006 Member, Pennsylvania A88ooIa1Ion 01 NolIrfII :213255 . ,. ~':.- "A ~~~~~~?; _:',"~ . l; ~)-~;-~~. "". - '-,,,- -'~'~ , t.\;~'>-_,' -~L' - "~ ~'-- -- . 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