HomeMy WebLinkAbout97-05586
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DECREE IN ~
.(DIVORCEJ" (I\;Z.~~,:
AND NOW. ,An,('t , . . ,J.k:} , , . ' . , " 199,9"", it is ordered and ~
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decreed that. , . , , , . , . . ., . . susAN. SNAVELY, , , , ' . , , , '" " , , ", plaintiff, '.
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and, .. ' . . , , , .. , , , , . , , ' .. .CHESTE.R .SNAVELY. , " .. . , , , , . .. , , .. , " defendant, ~
ore divorced from the bonds of matrimony. ~
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IN
THE COURT OF COMMON
PLEAS
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COUNTY
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STATE OF ~~~
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SUSAN SNAVELY,
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PLAItn'IFF
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~ CHESTER SNAVELY,
~ DEFENDANT
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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;
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It ,is,furth~r.ordered.and,decreed, that. th~, Mar~ia9~ ~ettleme.n~ ,~q~~~~~"
executed by and between the parties, dated April 6, 1999, is incorporated
by 'referellce' illto' tliis' DeCtee' fot the! pilrposes' of' ehf'orcemerit; b.it 'shaH' ,
not be deemed to have been merged with this Decree.
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Prolhonoti\ry
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MARRIAGE SETfLEMENT AGREEMENT
by and between
Susan J. Sn&vely
and
Chester C. Snavely, Jr.
n51.1-t/MSA/~l./kld ,OJ/ll/'H 1 :O'.llJm
MARRIAGE SETTLEMENT AGREEMENT
J>IM day of I,^., 'tJ
AGRBBMENT MADB this ~ ~
by and between SUSAN J. SNAVELY ("Wife") - AND - CIIESTER C, SNAVELY,
, 1999,
JR. ("Husband"), at lIarrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been
married on July 2, 1987, at wormleysburg, Pennsylvania.
WHEREAS, no children were born of this marriage.
WHEREAS, diverse unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Wife and
Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their
respective financial and property rights and obligations as between
each other including, without limitation by specificationl settling
of all matters between them relating to the ownership and equitable
distribution of real and personal propertYI settling of all matters
between them relating to the past, present and future support, alimony
and/or maintenance of Wife by lIusband or of lIusband by Wife, and in
general, the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW, THEREFORB, in consideration of the foregoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows I
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1, Divorce and SeDaration, The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of
1980. Husband and Wife shall at all times hereafter have the right to
live separate and apart from each other and to reside from time to
time at such place or places as they shall respectively deem fit, free
from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other
to cohabit or dwell with him or her by any legal or other proceedings.
The foregoing provision shall not be taken to be an admission on the
part of either Husband or Wife of the lawfulness or unlawfulness of
the causes leading to their living apart.
The parties acknowledge that a divorce action has been filed in
the Court of Common pleas of Cumberland County, Pennsylvania at docket
number 997-5586, The parties agree that they will execute Affidavits
of Consent in the aforementioned matter,
2, Division of PrODertv, Husband and Wife agree that the
following constitutes an equita~le distribution of the marital
property,
A, Wife's PrODertv, The following property shall become
the sole and exclusive property of Wife:
(i) The property located at 11 West Lawn Circle,
Wormleysburg, Pennsylvania,
(ii) 1987 Mercedes SL560;
(iii) 1996 Jeep Cherokee Std,
(iv) The sum of $500,000 shall be transferred to Wife
from Husband's Keogh Plan to Wife's Individual Retirement
Account number 044 R 31216-18 by means of a Qualified
Domestic Relations Order or other appropriate procedure,
The transfer of these funds will be effective as of the date
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this agreement is signed. Interest accruing on the funds to
be transferred shall belong to Wife effective as of the date
this agreement is signed. All necessary documents will be
drafted by counsel for Husband.
(v) $500,000 in cash payable upon entry of a decree in
divorce, and
(vi) All personalty and jewelry in Wife's possession,
B. Husband shall assume responoibility for payment of the
mortgage on the residence located at 11 West Lawn Circle,
Wormleysburg, Pennsylvania, which is being transferred to wife.
If Wife provides Husband with notice that the property is being
listed for sale, Husband shall be responsible to pay the
remaining mortgage balance at the time of settlement,
c. The parties agree that the household goods consist of those
listed on the attached Exhibit A. The parties further agree that
the value of the items io dO set forth on Exhibit A, The parties
have agreed to divide the household goods to their mutual
satisfaction.
D. Husband'. PrODertv. All other items of property, be they
real, personal or mixed, tangible or intangible, which are in
Husband's possession or control shall become the sole and
exclusive property of Husband.
3. Taxe.. The parties shall file joint federal and state tax
returns for the year 1998. If joint returns are filed, Husband shall
be responsible for all federal and state tax liability.
Both partios agree that in the event any deficiency in federal,
state or local income tax is proposed for the tax years 1997 or 1998,
or any assessment of any such tax is made against either of them for
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the tax years 1997 or 1998, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns filed for the tax years 1997 or
1998.
4. Additional Documentation. The parties agree to execute any
deeds, assignments, titles or other instruments necessary and
appropriate to accomplish the aforesaid division of property.
5. Transfers Sub1ect to Existina Liens. Except as specifically
set forth to the contrary herein all property transferred hereunder is
subject to the existing lien or liens set forth above. The respective
transferee of such property agrees to indemnify and save harmless the
other party from any claim or liability that such other party may
suffer or may be required to pay on account of such lien or
encumbrance.
6. Equitable Division. By this Agreement the parties have
intended to effect an equitable division of their jointly owned
property. The parties have determined that an equitable division of
such property conforms to a just and right standard, with due regard
to the rights of each party. The division of existing marital
property is not intended by the parties to constituce in any way a
sale or exchange of assets, and the division is being effected without
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the introduction of outside funds or other property not constituting a
part of the marital estate. It is the intention of the parties to
treat all transfers herein as non-taxable.
7. Re1inauishment of Riahts. Except as expressly provided
herein, Husband forever relinquishes any right, title or interest he
may now or hereafter have in any tangible or intangible assets now
b~longing to Wife, and Wife forever relinquishes any right, title or
interest she may now or hereafter have in a~y tangible or intangible
assets now belonging to Husband.
8. After-Acauired PrODertv. Each of the parties shall
hereafter own and enjoy independently of any claim or right of the
other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her,
with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes as though he or she
were unmarried.
9. Debts. Husband and Wife shall each be solely responsible
for all debts in their respective names, including but not limited to
personal loans, charge accounts and credit cards. Both parties
represent and warrant to the other that as of the date of this
Agreement they have not incurred, and in the future will not contract
or incur, any debt or liability for which the other or the estate of
the other might be responsible,
10. Liabilities, All debts, contracts, obligations or
liabilities incurred at any time in the past or future by either party
will be paid promptly by said party, unless and except as otherwise
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specifically set forth in this Agreement; and each of the parties
hereto further promises, covenants and agrees that each will now and
at all times hereafter save harmless and keep the other or his or her
estate indemnified and save harmless from all debts or liabilities
incurred by him or her, as the case may be, and from all actions,
claims and demands whatsoever with respect thereto, and from all
costs, legal or otherwise, and counsel fees whatsoever pertaining to
such actions, claims and demands. Neither party shall, as of the date
of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall
indemnify and save harmless the other from any and all claims or
demands made against him or her by reason of debts or obligations
incur.red by him or her and from all expenses, legal costs, and counsel
fees unless provided to the contrary herein,
ll, Counsel Fees, Costs and EXDenses. Each party shall be
responsible for his or her own legal fees, costs and expenses incurred
in connection with their separation and/or the dissolution of their
marriage.
12, Alimonv. Husband shall pay to wife the sum of $87,000 by
September 30, 1999, $87,000 by March 31, 2000, $85,000 by September
30, 2000, $85,000 by March 31, 2000, $78,000 by September 30, 2001 and
$78,000 by March 31, 2002. These payments shall be for Wife's separate
support and maintenance until Husband's death or Wife's death.
Husband shall maintain his current John Hancock Mutual Life
Insurance Company policy naming wife as irrevocable beneficiary of an
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amount sufficient to secure the above referenced alimony payments,
Husband shall have the right to reduc~ the coverage so long as the
amount of insurance on his life will be at least equal to the
remaining balance of payments under this agreement.
13. Tax Ramifications of Alimonv. The parties agree that the
entire amount being paid to Wife pursuant to this paragraph is a
separate maintenance periodic payment, included and intended to be
included with the income of Wife within the meaning and intent of
Section 71 of the United States Internal Revenue Code of 1954 and
deductible from the Husband's gross income pursuant to the provisions
of Section 215 of the United States Internal Revenue Code of 1954,
Wife agrees that all said payments shall be included as income to the
Wife in her applicable tax returns and that she shall pay such taxes
as may be required by reason of such inclusion,
14. Non-Modification of Alimonv. The parties agree that the
alimony provision takes into account the parties' overall economic
circumstances including the equitable distribution of property herein
and so s~all not be subject to modification by any court,
15. Full Disclosure. The respective parties do hereby warrant,
represent and declare and do acknowledge and agree that each is and
has been fully and completely informed of and is familial" with and
cognizant of the wealth, real and/or personal property, estate and
assets, earnings and income of the other and that each has made a full
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and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this
Agreement is specifically waived,
15. Election to Retake Former Name. Wife shall file an
election to retake her former name upon entry of the final decree of
divorce. As part of the consideration for and as an express condition
of this agreement, Wife hereby agrees that she shall nvt, in any
manner whatsoever use the name of Snavely.
17. Releases. Each party does hereby remise, release, quitclain\
and forever discharge the other and the estate of the other from any
and every claim that each other may now have, or hereafter have or can
have at any time, against the other, or in and to or against the
other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower
or claim in the nature of dower, widow's rights, or under the
intestate laws, or the right to take against each other's will,' or for
support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement,
l8. Indemnification. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation, or other
liability, other tha~ 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 hereinafter initiated seeking to
hold the other party liable for any other debts, obligations,
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liability, act or omission of such par~y, 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 as resultip.g
therefrom. Damages as used herein shall include any claim, action,
demand, loss, cost, expense, penalty, and other damage, including
without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in
opposing the imposition thereof or enforcing this indemnity, resulting
to Husband or Wife from any inaccurate representation made by or on
behalf of either Husband or Wife to the other in this Agreement, any
breach of any of the warranties made by Husband or Wife in this
Agreement, or breach or default in performance by Husband or Wife of
any of the obligations to be performed by such party hereunder. The
Husband or Wife agrees to give the other prompt written notice of any
litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms
of this Agreement.
19. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth
herein.
20. Fair and Eauitable Contents. The provisions of this
Agreement and their legal effect have been fully explained to the
parties by their respective counsel. Each party acknowledges that he
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or she has received independent legal advice from counsel of his or
her selection and that each fully understands the facts and has been
fully informed as to his or her legal rights and obligations, Each
party acknowledges and accepts that this Agreement is, under the
circumstances, fair and equitable, and that it is being entered into
freely and voluntarily after having received such advice and with such
knowledge, and that execution of this agreement is not the result of
any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
21. Breach. It is expressly stipulated that if either party
fails in the due performance of any of his or her material obligations
under this Agreement, the other party shall have the right, at his or
her election, to sue for damages for breach thereof, to sue for
specific performance, or to seek any other legal remedies as may be
available, and the defaulting party shall pay the reasonable legal
fees for any services rendered by the non-defaulting party's attorney
in any action or proceeding to compel performance hereunder.
22. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out
the provisions of this Agreement,
~3. Modification, No modification, rescission or amendment to
this Agreement shall be effective unless in writing signed by each of
the parties hereto.
24. Severabi1itv. If any provision of this Agreement is held by
a Court of competent jurisdiction to be void, invalid or
unenforceable, the remaining provisions hereof shall nevertheless
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lNVI!NTOR Y OF PI!RSONAL TV
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TH OF PENNSYLVANIA I
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Personally ap ared before me, a Notary Public in and for the
aforesaid Commonwealtn nd County, Susan J. Snavely, who being duly
sworn according to law dep and says that she is a party of the
foregoing Agreement and she ted same for the purposes therein
contained.
Witness my hand and seal this
, 1999.
day of
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA I
I ss.
COUNTY OF DAUPHIN I
Personally appeared before me, a Notary Public in and for the
aforesaid Commonwealth and County, Chester C. Snavely, Jr., who being
duly sworn according to law deposes and says that he is a party of the
foregoing Agreement and he executed same for the purposes therein
contained.
~~my hand ~n~9::~1
this
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day of
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Notary ~ ~~
My Commission Expires:
Nalalial Seal
Vicky L FIll, NOlary Public
HI/Illburv, Qauphln County
My CommIaak5n ExpIrel Doc. S, 2002
Mtml)ef, Ptnnsylv1l/lll AssoclaUon 01 Noten..
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STATB or PENNSYLVANIA
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COUNTY OF DAUPHIN
ON THIS, the 31st day of March, 1999, before me, the undersigned
officer, personally appeared KATHLEEN CAREY DALEY, ESQUIRE, known to
me (or satisfactorily proven) to be a member of the bar of the highest
court of said state and a subscribing witness to the within instrument
and certified that she was personally present when SUSAN J. SNAVELY,
whose name is subscribed to the within Marriage Settlement Agreement
executed the same, and that said person acknowledges that she executed
the same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial S.al
Vicky L AlZi:I Notary Public
HarrisbUrg. .uphin Courtly
MV CommIssion expl'ao I)ac, S. 2002
MIlI\IlI'. Plnnl'/lvlnl8 ....lCCi8l1on of Nalari.1
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SUSAN SNAVELY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
v.
NO. 97-5586
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THB PROTHONOTARY.
Transmit the record, together with the following information, to
the Court for entry of a divorce decree:
1. Ground for divorce: Irretrievable breakdown under S3301(c)
of the Divorce Code.
2. Date and manner of service of the Complaint: October 14,
1997, sent regular mail to counsel for Defendant. An Acceptance of
Service was signed on October 22, 1997 by Attorney LeRoy Smigel.
3. (a) Date of execution of the Affidavit of Consent required
by S3301(c) of the Divorce Code: by Plaintiff on March 31, 1999, and
by Defendant on April 6, 1999.
(b) (1) Date of execution of the affidavit required by
S3301(d) of the Divorce Code: Not applicable.
(2) Date of filing and service of the Affidavit upon
the respondent: Not applicable,
4. Related claims pending: None.
5, Complete either (a) or (b).
(a) Date and ma~ner of service of the Notice of Intention to
File Praecipe to Transmit Record, a copy of which is attached: Not
applicable.
(b) Date Plaintiff's Waiver of Notice in S3301(c) Oivorce
was filed with the prothonotary: April 9, 1999 (simultaneous with the
filing of this Praecipe).
Date Defendant's Waiver of Notice in S3301(c) Divorce was
filed with the prothonotary: April 9, 1999 (simultaneous with the
filing of this Praecipe).
SMIGEL,
ERSON " SACKS
Date: April 9, 1999
By:
v-
L oy Smigel, Esquire
1.0, #09617
Ann V. Levin, Esquire
1.0, #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
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SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. tJ7 - :is'Y(;, /U4./Utl'l
CIVIL ACTION
IN DIVORCE
vs.
CHESTER SNAVELY,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the 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
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.
When the ground for divorce is indignities or
irretrievable breakdown of the marriage, you may request
marriage counselling. A list of marriage counselors is
available at: The Office of the Prothonotary, Cumberland
County Courthouse, One Courthouse Square, Carlisle
Pennsylvania l7l01.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL
PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE
OF DIVORCE OR ANNULMENT IS ENTERED, 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.
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CUMBERLAND COUNTY COURT ADMINISTRATOR
4TH FLOOR CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
MEYERS. DESFQfl
oS 10 NORTH sEcorm STREET . POBOX 1062 . HARRISBURG. PA 1 Jl0a
171711]69418 . fAllI71712362817
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SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (n- ~i S' ft.. ~';'..J .,.<<+-
vs,
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
COMPLAINT IN DIVORCE
1, Plaintiff is Susan Snavely an adult individual residing
at 11 West Lawn Circle, Wormleysburg, Cumberland
County, Pennsylvania.
Defendant is Chester Snavely, an adult individual
residing at 11 West Lawn Circle, Wormleysburg,
Cumberland County, Pennsylvania.
Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this
Complaint.
Plaintiff and Defendant are husband and wife having
been married on July 2, 1987, in Wormleysburg,
Cumberland County, Pennsylvania.
There have been no prior actions of divorce or annul-
ment between the parties.
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.
3
MEYEIIS . DE.fOII
41QNORTH SECOND STREET . POBOx 1062 . HARRISeUAG. PA 11108
1717123&9428 . FAX 17171236-2811
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and personal, tangible and intangible, acquired by the
parties during their marriage.
COUNT II
ALIMONY PENDENTE LITE. SUPPORT. COUNSEL PEBS.
COSTS AND EXPENSES
11, Paragraphs one through ten of the Complaint are
incorporated herein by reference as if set forth in
full.
l2. By reason of this action, Plaintiff will be put to
considerable expense in the preparation of this case in
the employment of counsel and the payment of costs,
13. plaintiff is without sufficient funds to support
herself and to meet the costs and expenses of this
litigation and unable to appropriately maintain herself
during the pendency of this action.
l4. Plaintiff's income is not sufficient to provide for her
reasonable needs and pay her attorneys' fees and the
costs of this litigation.
I
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II 15.
II
Defendant has adequate earnings to provide support and
alimony pendente lite for the Plaintiff and to pay her
counsel fees, costs and expenses.
WHEREFORE, plaintiff respectfully requests this
Honorable Court compel the Defendant to pay Plaintiff
5
MEYERIllI D1!lfOlI
410NORTHSECONDSTREET . PO 80)(1062 . HARRISBURG, PA 17108
11111236.9<118 . FAX 111112361811
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-5586
SUSAN SNAVELY,
Plaintiff
CHESTER SNAVELY,
Defendant
CIVIL ACTION
I IN DIVORCE
ACCEPTANCE OF SERVICE
OF COMPLAINT I~
I, Leroy Smigel, Esquire, counsel for Chester Snavely,
Defendant in the above-captioned matter, certify acceptance
of service on behalf of Chester Snavely, of a copy of the
Complaint in Divorce filed by the Plaintiff, Susan Snavely,
on October 10, 1997, and that I am authorized to do so.
Date/O jr}.;J.!97
MEYERS. DESFOll
41QNOATH SECOND STAEET . PO 80)(1062 . HARRISBURG. PA 17108
17111236.9428 . FAX 17171236.2817
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SUSAN SNAVELY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
PLAINTIFF
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of 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 b~ 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. Section 4904 relating to unsworn
falsification to authorities.
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
97-5586
II CHESTER SNAVELY,
II Defendant
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CIVIL ACTION
IN DIVORCE
.
, 1997, a RULE is
Snavely, to show cause
why the within petition for Exclusive Possession should not
be granted.
d-f1U
0) Said,RULE returnable at hearing on the ~ ~ day of
-[QbiU~\(( C/"Zn
,,, 1958 at :.J......J.!-fI.m. o'clock, in Courtroom number
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BY THE COURT
Judge
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MEYERS. DESFOII
41Q~~O~TH SECOND STAEET . PO 80.'( 1062 . HARRISBURG, PA 11108
111712:l6-9428 . fAX 171712362817
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SUSAN SNAVELY,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
CIVIL ACTION
IN DIVORCE
CHESTER SNAVELY,
Defendant
AND NOW, this
ORDER
day of
1997, it is hereby Ordered that Plaintiff, Susan Snavely, is
granted exclusive possession of the marital residence and
Defendant, Chester Snavely, is to vacate the residence
within 3 days from the date of this Order.
BY THE COURT,
J,
MEYERS.OESFOIl
410NORTH SECOI~D STREET . POBOX 1001 . HARRISaURG. PA 17108
17171236.9428 . FAX 11171236.2811
Vl"..n:o? r Ci\'rI ON'
I, Susan Snavely
, verify that the
statements made in this Petition for Exclusive Possession
are true and correct to the
best of my kno\~ledge, information and belief,
I understand
that false statements herein are made subject to the
penalties of 16 Pa. C.S, Section 4904, relating to unsworn
falsification to authorities.
Dated: November 4, 1997
(x) Plai.ntiff
() Defendant
.
MEYERS.DESFOR
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111112369:28 . f.U, 1117123&.2811
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SUSAN SNAVELY,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. tJ7 SS~&, cwl ..:ju;YI
vs,
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
ORDER
k.,
this I~ day of
that on
, 1997,
1. All marital and joint accounts, including but not
limited to checking, savings, securities, brokerage,
individual retirement accounts, pensions, Keogh, and
any other retirement accounts are frozen and cannot be
dissipated, transferred, encumbered or otherwise
alienated by ~ither party.
2, No marital asset shall be dissipated, transferred,
encumbered or otherwise alienated by either party.
3, Husband must maintain Wife as beneficiary on all life
insurance policies, pension, Keogh and/or any other
retirement account or vehicle.
4. Husband must maintain Wife as beneficiary in his Will,
5, Husband must provide proof of beneficiary to Wife
within 10 days of the date of this Order.
J.
MEYERS. DESFOR
410 NORTH SECOND STAEET . POBOX 1062 . H~RR1S8URG. PA 1:'108
17171136-9428 . FAX 1717123&2811
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 91. fir fl. ~ .1-.(.-
vs.
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
PETITION FOR SPECIAL RELIEF
And now comes petitioner Susan Snavely, by and through
her attorneys, Meyers & Desfor, and brings the following
Petition for Special Relief and in support thereof avers as
follows:
1. Petitioner is Susan Snavely an adult individual
currently residing at 11 West Lawn Circle,
Wormleysburg, Cumberland County, Pennsylvania
(hereinafter known as "Wife").
2. Respondent is Chester Snavely an adult individual
currently residing at 11 West Lawn Circle,
Wormleysburg, Cumberland County, Pennsylvania
(hereinafter known as "Husband").
3. The parties were married on July 2, 1987, and were
separated on or about September 1997.
4, Wife files a Complaint for Divorce simultaneously with
this Petition.
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5. Husband is a realtor and developer who owns and
operates Anchor Commercial Realty (hereinafter "Anchor
Realty") .
6. Wife worked during the marriage and presently continues
to work for Husband at Anchor Realty, Husband does not
compensate wife for her work.
7. Throughout the marriage, the parties accumulated
numerous assets and business interests, including
shares in an off-shore company, with a value listed in
the parties' Financial Statement dated April 30, 1997,
in excess of $7,000,000.00.
8, As per the Financial Statement, at least approximately
$500,000.00 is liquid assets contained in various
accounts including but not limited to:
a. Merrill Lynch account #872-24029
b. Merrill Lynch account #872-71110
c. Merrill Lynch account #872-07742
d, Merrill Lynch account #872-07883
e, Dauphin Deposit Bank account #10-23538-8
f, Dauphin Deposit Bank account #94-39496-2
g. Dauphin Deposit Bank account #10-02824-2
h. Dauphin Deposit Bank account #38-34123-9
i. Dauphin Deposit Bank account #10-02501-4
j. Dauphin Deposit Bank account #10-39718-3
k. D2uphin Deposit Bank account #5-7006-5528-4
I. Prudential securities account #044-273381-18
9. All of the above-stated accounts are held in Husband's
name alone or Husband's name and one of Husband's
business interests.
3
MEYERS. DfSI'OIl
410 NORTH SECOND STREET . POBOX 1062 . HARRISBURG, PA 11108
(717)236-9428 . FAX 17111236-2817
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10. Wife has no access to these accounts. Indeed, Husband
maintained exclusive control over the parties' finances
throughout the marriage the majority of the marital
assets are titled solely in Husband's name.
11. Wife believes that Husband may maintain other accounts
of which she is not currently aware and cannot access.
12. Wife believes that Husband will access the accounts and
dissipate their value without her knowledge or consent
prior to final distribution.
l3. Wife also believes Husband may transfer, sell or
otherwise dissipate the value of the parties' numerous
other assets prior to final distribution.
14. Wife respectfully requests this Honorable Court freeze
all marital and joint accounts including but not
limited to, checking, savings, securities, individual
retirement accounts, pensions, Keoghs and any other
II
1115.
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retirement account or vehicle until such time that a
final distribution takes places.
Wife also believes that Husband may transfer, sell or
otherwise dissipate the pa=ties' other assets to his
family or another third party prior to final
distribution.
4
MEVEIlS . DESFOIl
410NORTHSECO~lOSTREET . POBOx 1062 . HARRISBURG. PA 11108
11171236-9428 . FAX 171712J6-2BI1
16. Therefore, Wife respectfully requests this Honorable
Court issue an order preventing either party from
dissipating, transferring, encumbering or otherwise
alienating any marital asset until such time final
distribution takes place.
17. Additionally, Husband maintains life insurance policies
upon which Wife believes she is the named beneficiary.
lB. Wife also believes that she is the named beneficiary on
the parties' pension, individual retirement accounts,
Keoghs and other retirement accounts.
19. Wife also believes that she is the named beneficiary in
Husband's Will.
20. Wife believes that Husband will change the beneficiary
designation on his life insurance policies, retirement
accounts and Will to a family member or another third
party.
21. If Husband changes his beneficiary designation and
passes away prior to final distribution, Wife's rights
with respect to the marital estate may be lost,
22. Accordingly, Wife respectfully requests this Honorable
Court require Husband to maintain Wife as designated
beneficiary on his life insurance policies, retirement
5
MEYERS. DESfOR
410 NORTH SECOND STREET . PO BO)( 1062 . HARRISBURG. PA 17108
1111123&9428 . FAX (7171236-2817
VF..R1:FlCA'rrOH
I,
SUSAN J. SNAVELY
, verify that the
statements made in this
Complaint in Divorce
are true and correct to the
best of my )<no\~lcdge, information and belief,
I understand
that false statements herein are made subject to the
penalties of 16 Pa, C,S. section 4904, relating to unsworn
falsification to authorities,
Dated:
10/9/97
~,,-v~~
ex) Plai.ntiff
() Defendant
ME YlRS , DUFOR
.'0 NORTH seCOND S':'RHT . PO BO), 1061 I MJ.AFUSBUFtG P,), nice
17\11 236~28 . F~)l. 111112362511
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VER."(FICATIOH
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SUSAN J. SNAVELY
, verify that the
statements made in this
~etltlon for Special Relief
are true and correct to the
II
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best of my knowledge, information and belief.
r understand
that false statements herein are made subject ~o the
penalties of 16 Pa. C,S, section 4904, rel:\tins co uns~lorn
:alsification t.o authorlties.
Dated:
10/9/97
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ex) Plai.ntif~ --0
() Defendant
MEYERS. OfSfOA
110 NCJl:TH SEco~m S':'R::T . P 0 BO~ IOt1 . I-O.\RR1SBuRG p~ li1:>;:
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SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
CIVIL ACTION
IN DIVORCE
vs,
CHESTER SNAVELY,
Defendant
CERTIFICATE OF SERVICE
I hereby ~rtifY that on this
day of &do~
/~
, 1997, a copy
of the October 16, 1~97, Order of the Honorable George E,
Hoffer and petition for Special Relief was mailed, postage
prepaid, to:
Mr. Chester Snavely
c/o: Leroy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
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MEYERI.. Dl!lfOlI
410NOATHSECONDSTREET . po BOx 1062 . HARRISBURG. PA 17108
1717)136-9"18 . FAX 171712362817
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SUSAN SNAVELY,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 97 - 5586
I
I
PLAINTIFF
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ANSWER TO PKlTnON FOR EXCLUSIVE POSSESSION
AXD .0., comes Defendant, Chester snavely, by his attorneys,
Smigel, Anderson , Sacks, and files the following answer to
Plaintiff's Petition for Exclusive Possession:
1. Admitted.
;Z. Admi tted.
3. Admitted.
4. Admitted. By way of further answer this was Husband's
premarital home.
5. Denied. Husband does not receive a salary. He receives
sale. commission income which is not necessarily received on a regular
baeie. By way of further answer, Husband has significant monthly
liabilities and financial obligations which consume a majority of his
salary.
6. Denied. Husband does have interest in various real estate
holding. but the value i. not in excess of $5,000,000. In fact, the
value of Husband's estate is much less than as set forth by Wife.
7. Denied. Wife has voluntarily chosen not to work. She i.
capable of full-time employment and has earned in excess of $50,000
per year. This earninq capacity would provide her with substantial
funds with which to obtain separate housinq accommodations. wife has
indicated repeatedly that she does not like the home. Husband has
even offered to assist wife in relocatinq. In addition, Wife is not
an employee of Anchor Realty. Wife does some work for southridqe
Development and receives a direct share in the profits of this
development.
8. Denied. The marital assets to be distributed are not
substantial. Prior to the marriage, Husband had extensive pre-marital
property and therefore little of the property he has today is marital
or subject to distribution. It is appropriately under Husband's
exclusive control. Husband deposits a substantial amount of money
each month into the partiee' joint checkinq account to which Wife has
unlimited access. In addition, wife has access to several credit
cards for which she does not assume responsibility for paying.
9. Denied.
10. Admitted in part and denied in part. At all times when
Husband is in Harrisburg, he stays at the home. The only time Husband
does not stay in the home is when he is out of town. Husband has no
other residence.
11. No response required. It should be pointed out that Wife is
the party who filed a divorce action. Any attempts at drafting a
separation agreement are appropriate based on wife's actions in
obtaininq counsel and pursuing a divorce action against him.
12. Denied. Husband is not difficult to live with and ia not
quick to anqer or argue with Wife. Husband is very easy to live with.
- 2 -
Any fear. that Wife ha. for her .afety are completely unju.tified.
Hu.band ha. never given Wife any reason to be in fear. In addition,
Hu.band has beco.e aware that Wife has been sorting through his
clothing and ha. also accessed his business office to obtain records
for her attorney.
13. Denied. Husband does not have significant income with which
to expend on alternative living accommodations. The home in which
both parties reside is his pre-marital property. Wife's mother
re.ide. in the area and she has suitable living arrangements for Wife
which would not cost her anything at all.
14. No response required.
WHEREFORE, it is respectfully requested that this Honorable Court
deny and dismiss Wife's Petition for Exclusive possession.
Date: November 6, 1997
SMIGEL, , SACKS
"e.J, r')
By: ~~
Le oy Sm gel, Esqu re
1.0. #09617
Ann V. Levin, Esquire
1.0. #70259
2917 North Front street
Harrisburg, PA l7110-1223
(717) 234-2401
At.torneys for Defendant
- 3 -
VERIFICATION
I, OB.IT.. IKlVBLY, verify that the statements contained in the
foregoing pleading are true and correct to the best of my knowledge,
inforaation and belief. I understand that false etate~ents therein
are made .ubject to the penalties of 18 Pa.C.S. 54904, relating to
unsworn falsification to authorities.
..... /(0/7.2
~<~G9
CHEST SNAVE~
SUSAN SNAVELY, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 97-5586
:
CHESTER SNAVELY, I
DEFENDANT : CIVIL ACTION - DIVORCE
CERTIF1CATE OF SERVICE
I, Ann Levin, Esquire, hereby certify that I have served a true
and correct copy of Defendant's Answer to Petition for Exclusive
Possession upon counsel for Plaintiff as addressed below by depositing
the same in the U.S. Mail, first class, postage prepaid, on the 7th
day of November, 1997.
Cathsrine A. Boyle, Esquire
Meyers , Desfor
410 N. Second street
P.O. Box 1062
HarriSburg, PA 17108
SMIGEL,
SACK.
By:
Le oy Sm ge ,
1.0. #09617
Ann V. Levin, Esquire
1.0. #70259
2917 North Front street
HarriSburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
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SUSAN SNAVELY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.; !\ Mv
NO. 97-558.7' CIVIL TERM
IN DIVORCE
V.
CHESTER SNAVELY,
Defendant
PRDER OF COURT
AND NOW, January 12, 1998, hearing in the above rnlitter, set for February
9, 1998, Is continued to FRIDAY, MARCH 6, 1998, AT 2:00 P.M. IN COURTROOM
NO.3.
./
By the Court,
Catherine A. Boyle, Esquire
Meyers & Desfor
410 North Second Street
PO Box 1062
Harrisburg, PA 17108
LeRoy Smigel, Esquire
Smigel, Anderson & Sacks
2917 North Front Street
Harrisburg, PA 17110-1223
P.J,
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SUSAN SNAVELY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 9i-5586
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ORDER
AND NOW, !hI, ~ d" of W , 1998, b"'" opo",h,
attached Stipulation and the withdrawal of Pluinliffs Petition for Special Relief filed on or about
October 10, 1997, and the withdrawal of Plaintiffs Petition for Exclusive Possession filed on or
about November 4, 1997, it is hereby ordered that:
1. The Order entered on October 16, 1997 is hereby vacated,
2, The Order dated January 12, 1998 is hereby vacated and the hearing on Plaintilrs
Petition for Exclusive Possession scheduled for March 6, 1998 is cancelled.
J.
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FilED ..cf~'i Ice
Or: 1"':-'~' .,-, ,.-~,\"'(
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SUSAN SNA VEL Y,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97.5586
CHESTER SNA VEL y,
DEFENDANT
CIVIl, ACTION. DIVORCE
STIPULA TION
AND NOW, this
"'-IIIe
day of /. tt-f(/(I~'J .1998, the panics hereby
o
stipulate and agree that Plaintiffs Petition for Special Relief tiled on or about Oetober 10. 1997,
Plaintiffs Petition for Contempt tiled on or about January 21. 1998, and Plaintiffs Petition for
Exclusive Possession filed on or about November 4, 1997 are withdrawn.
The parties also agree that the Orders signed by the Honorable George E. Hoffer on October
16,1997 and January 12. 1998 shall be vacated and the hearing seheduled for March'- 1998 shall be
cancelled,
The panies funher agree that this Stipulation shall be entered as an Order of Coun, The
Stipulation and Order of Coun shall continue in full force and effect until funher Order of Co un
and/or amended agreement in writing between the panies,
The panies hereby waive their rights to present this Stipulation in open co un or to have their
By:
C
ce D.
I.D. #
41 () North Second Street
Harrisburg, P A 1710 1
(717) 236-9428
Attorney for Plaintiff
SMIGEL, ANDERS
By: ~ ...
LeRoy Sigel. Esquire
I.D. #09617
2917 North Front Street
Harrisburg, P A 17110
(717) 234-240 I
Attorney for Defendant
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SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
va.
NO,
97-5586
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
ORDER
AND NOW, this
day of
1998, it is hereby Ordered that Defendant, Chester Snavely,
is in contempt of this Court's Order dated October 16, 1997.
Defendant shall:
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Take such corrective measures so as to come into
immediate compliance with this Honorable Court's Order
dated October 16, 1997;
Replace any and all funds withdrawn from any marital or
joint accounts,
Provide proof of beneficiary on all life insurance
policies, pensions, Keoghs and/or other retirement
accounts or vehicles and Defendant's Will, to Plaintiff
within 3 days of the date of this Order, and,
Pay to Wife $500.00 for counsel fees, costs and
expenses for the preparation of this Petition.
BY THE COURT,
J.
M!YERI.DESFOR
410~40ATHSECONosrAHr . po 80)(1062 . HARIlISBlJRG, PA 11108
111111369418 . fAX 1711123611111
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
vs,
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
PETITION FOR CONTEMPT
AND NOW, comes Plaintiff, Susan Snavely, by and through
her attorneys Meyers & Desfor and files this Petition for
I Contempt and in support thereof avers as follows:
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petitioner is Susan Snavely an adult individual
residing at 11 West Lawn Circle, Wormleysburg,
Cumberland County, Pennsylvania (hereinafter "Wife"),
Respondent is Chester Snav~ly, an adult individual who
formerly resided at 11 West Lawn Circle, Wormleysburg,
Cumberland County, Pennsylvania (hereinafter
"Husband"). On or about late November 1997, Husband
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moved from the marital residence and Wife is unsure of
his current address,
The parties were married on July 2, 1987, and were
separated on or about September, 1997.
On or about October lO, 1997, Wife simultaneously filed
a Complaint in Divorce and a Petition for Special
Relief.
3
MEYERS. DESFOIl
410NOATHSECONOSTREET . PO BO)( 1061 . HARRISBURG. PA 11108
11l71136-9428 . FAX 17111236-2817
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5. Wife's Petition for Special Relief alleged that
throughout the marriage, the parties accumulated
numerous assets and business interests, including
shares in an off-shore company, with the total value
quoted in the parties' Financial Statement, dated April
30, 1997, in excess of $7,000,000.00. As per the
Financial Statement, there are at least approximately
$500,000.00 of liquid assets contained in various
accounts held in Husband's name alone or in Husband's
name and one of Husband's business interests.
Husband maintained exclusive control of the
parties' finances throughout the marriage and continues
to maintain such control presently.
An Order was attached to wife's Petition for Special
Relief which was signed by the Honorable George E.
Hoffer on October 16, 1997. The Order provided that
all marital and joint accounts be frozen and could not
be dissipated, transferred, incumbered, or otherwise
alienated by either party, Additionally, no other
marital assets could be dissipated, transferred,
incumbered, or otherwise alienated by either party.
Husband was Ordered to maintain Wife as
beneficiary on all life insurance policies, pensions,
Keoughs, and/or other retirement accounts or vehicles
4
MEYERS.OESFOR
410flOATHSECONU$tRfET . PO 80(1061 . HARRISBURG, PA 11108
111112J69428 . FAX 171117362817
and as beneficiary in his will. Husband was to provide
proof of beneficiary to Wife within ten days of the
date of the Order.
A copy of Wife's petition for Special Relief and
signed Order are attached and marked collectively as
Exhibit "A",
7. Wife's attorney mailed a copy of this Honorable Court's
Order and Wife's petition for Special Relief on or
about October 17, 1997, to Husband's attorney. A
Certificate of Service stating such was filed on
October 21, 1997. See Certificate of Service attached
and marked Exhibit "B".
I 8. Several days later, on October 20, 1997, the parties'
attorneys and Judge George E. Hoffer participated in a
telephone conference about Wife's petition for Special
Relief and the signed Order. At that time, the parties
agreed to meet to exchange financial documents and to
draft a proposed Order to replace the order signed on
October 16, 1997.
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Later in the morning of October 20, 1997, the parties
met and determined that Husband's attorney would
redraft a proposed Court Order that was acceptable to
his client. Additionally, Husband would provide
documentation of the parties' assets and various
5
MEYERS. DfBfOfl
4'O~lORTHS[CmmS'f1HT . PO nOl(,lOtll . IlAlUll'illlJIHI I'A I/IIIH
111l1]]6~"11i . IA-.: l!lnnflltl"
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financial documents necessary to value the parties'
business interests, Husband's attorney also
tentatively agreed to discuss wJ.th Husband an advance
on equitable distribution in the amount of $50,000.00
payable to Wife for counsel fees, costs, and expenses.
As time passed, Wife's counsel repeatedly requested the
draft Order and the financial documents but nothing has
been provided to date.
since the date of this Honorable Court's Order freezing
the parties' accounts, preventing them from dissipating
any of the marital assets, Wife discovered $5,000,00 in
cash in Husband's coat pocket. Wife did not remove the
cash from Husband' coat pocket because she was fearful
of his reaction when he discovered the cash was
missing, However, since Husband is Wife's primary
source of support, she asked Husband for some money to
which he replied he had none. Only after Wife
indicated that she knew he had money, Husband then
begrudgingly gave Wife several hundred dollars.
Additionally, since the Order was signed, Husband has
been traveling extensively including a week long trip
to Arizona and a week long golf outing to Las Vegas,
Nevada.
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;\lEYERS . DESfOR
410 ~jOATH SECOND STREET . POBOx 1062 . HARRISBURG. PA 17108
PIll 136-942B . FAX 17171216-]817
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13. Husband also changed the locks on the parties' busineoa
office where Wife was employed, without her knowledge
or consent. As a result, Wife cannot access her office
or business records to continue in her job,
14. Wife believes and therefore avers that Husband io in
contempt of this Honorable Court's Order dated October
16, 1997. Wife believes that Husband has been
I accessing one or more of the parties' accounto and
I dissipating the funds therefrom. Wife believeo that
Husband is able to continue with his extravagant
lifestyle by removing funds from the partieo' nccounto,
15. Further, the Court Order provides that Husband muut
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maintain Wife as beneficiary on all retirement
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accounts, life insurance polices, and maintain Wife liB
beneficiary in his Will. Husband was to provide proof
of the beneficiary to Wife within ten dayu from October
16, 1997. To date, Husband has provided no ouch proof.
Wife respectfully requests thin Honorable Court find
Husband in contempt and Order him to comply with the
Order dated October 16, 1997.
Wife also respectfully requeotu thiu I~norablo Court
Order Husband to pay to Wife ~500.00 for counsel fees,
costs, and expenses expended in the proparation of this
Petition.
'/
MIVI~'. 011'011
410NOHTt15ECOtmSTflIl: . I'tllHl'l,Hlfil . 11AIUII',IIlJlllj I'A 1/11)tJ
PI'I}Jti!!"JH . IAll 1/111/11111111
WHEREFORE, Petitioner Susan Snavely, respectfully
requests this Honorable Court to grant her Petition for
Contempt and Order Respondent Chester Snavely, to:
a, Take such corrective measures so as to come into
immediate compliance with this Honorable Court's
Order dated October 16, 1997;
b. Replace any and all funds withdrawn from any
marital or joint accounts;
c. Provide proof of beneficiary on all life insurance
policies, pensions, Keoghs and/or other retirement
accounts or vehicles and Defendant's Will, to
Plaintiff within 3 days of the date of this Order;
and,
d, Pay to Wife $500.00 for counsel fees, costs and
expenses for the preparation of this Petition.
Respectfully submitted,
/~
atherine A. quire
I.D.1I76328
MEYERS & DES FOR
410 North Second Street
P.O. Box 1062
Harrisburg. PA 17108
(717) 236-9428
Attorney for the Plaintiff
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MEYERS. Df8FOR
410 NOFlTH SfCONDSTREET . PO ROl(l06J . HARRISBURG, PA 11108
PllJ2J6942B . FAX (Jl't1J62tJ1J
'QER1:FlCi\'rrOH
I,
Susan Snavely
, verify that the
statements made in this Petition for Contempt
are true and correct to the
best of my knowledge, information and belief,
I understand
that false statements herein are made subject to the
penalties of 16 Pa, C,S, section 4904, relating ~o unsworn
falsification to authorities.
Dated:
1/20/98
() Defendant
MEYERS.OESFOR
"0 NQRTtoi 5Eco'm S':'RH,T . PO eo). 1061 . H.1RRISBuRQ P.\ 1710l'
\11illJ6.t.:28 . FJ.)l, 171712J62811
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. q7- 55ft/.,
t:ku/ '~~''l
CHESTER SNAVELY,
Defendant
CIVIT" ACTION
IN DIVORCE
ORDER
It is hereby ordered that on this
J~7J" day of
~
, 1997,
1, All marital and joint accounts, including but not
limited to checking, savings, securities, brokerage,
individual retirement accounts, pensions, Keogh, and
any other retirement accounts are frozen and cannot be
dissipated, transferred. encumbered or otherwise
alienated by either party.
2, No marital asset shall be dissipated, transferred,
encumbered or otherwise alienated by either party.
i' 3. Husband must maintain Wife as beneficiary on all life
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Husband must maintain Wife as beneficiary in his Will.
Husband must provide proof of beneficiary to Wife
wi chin 10 days of the date of this Order.
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BY THE COURT:
~,;':': ,~:..:,: at c.!~,:,'<;, ;l.~.
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EXHIBIT
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JRG PA 11108
410 NORTH sr(Ofm STflEEf
(11/11]6
SUSAN SNAVELY,
Plaintiff
IN 'I'HE COURT OF' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO,
vs,
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
PETITION FOR SPECIAL RELIEF
And now comes Petitioner Susan Snavely, by and through
her attorneys, Meyers & Desfor, and brings the following
0',.
Petition for Special Relief and in support thereof avers as
follows:
1. Petitioner is Susan Snavely an adult individual
currently residing at 11 West Lawn Circle,
Wormleysburg, Cumberland County, Pennsylvania
(hereinafter known as "Wife") ,
2. Respondent is Chester Snavely an adult individual
currently residing at 11 West Lawn Circle,
Wormleysburg, Cumberland County, Pennsylvania
(hereinafter known as "Husband"),
3. The parties were married on July 2, 1987, and were
separated on or about September 1997,
4. Wife files a Complaint for Divorce simultaneously with
this Petition.
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5, Husband is a realtor and developer who owns and
operates Anchor Commercial Realty (hereinafter "Anchor
II Realty") .
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,
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to work for Husband at Anchor Realty. Husband does not
compensate Wife for her work,
7.
Throughout the marriage, the parties accumulated
~umerous assets and business interests, including
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shares in an off-shore company, with a value listed in
the parties' Financial Statement dated April 30, 1997,
in excess of $7,000,000,00.
8. As per the Financial Statement, at least approximately
$500,000.00 is liquid assets contained in various
accounts including but not limited to:
a. Merrill Lynch account #872-24029
b. Merrill Lynch account #872-71110
c. Merrill Lynch account 11872-07742
d. Merrill Lynch account #872 - 07883
e. Dauphin Deposit Bank account #lO-23538-8
f. Dauphin Deposit Bank account #94-39496-2
g. Dauphin Deposit Bank account #lO-02824-2
h. Dauphin Deposit Bank account 1138-34123-9
1. Dauphin Deposit Bank account 1110-02501-4
j . Dauphin Deposit Bank account 1110-39718-3
k, Dauphin Deposit Bank account 115-7006-5528-4
1. prudential Securities account 11044-273381-l8
9. All of the above-stated accounts are held in Husband's
name alone or Husband's name and one of Husband's
business interests.
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MEYERS 81 OESFOR
41J!.')ATIi SECOND STREET " POBOX 1062 " HARArSBUf\G. PA 17108
p111236.9428 . fAX 11111236.21311
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Therefore, Wife respectfully requeots this Honorable
Court issue an order preventing either party from
dissipating, transferring, encumbering or otherwise
alienating any marital asset until such time final
distribution takes place.
Additionally, Husband maintains life insurance policies
upon which Wife believes she is the named beneficiary,
Wife also believes that she is the named beneficiary on
the parties' pension, individual rptirement accounts, '
19. Wife also believes that she is the named beneficiary in
Keoghs and other retirement accounts.
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20, Wife believes that Husband will change the beneficiary
Husband's Will,
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designation on his life insurance policies, retirement
accounts and will to a family member or another third
party,
If Husband changes his beneficiary designation and
passes away prior to final distribution, Wife's rights
with respect to the marital estate may be lost.
Accordingly, Wife respectfully requests this Honorable
Court require Husband to maintain Wife as designated
beneficiary on his life insurance policies, retire..lent
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MEYERS.DESFOR
410~lORHtS[cormsTAEfT . P.O BOX 1062 . HARRISBURG. PA 171C8
1117J2J&9421J . FAX 17171236.2817
accounts and Will, and to provide proof thereof within
10 days of the date of this Order.
WHEREFORE, Petitioner Susan Snavely respectfully
requeats this Honorable Court to Order to grant the Special
Relief requested in this Petition for Special Relief.
Respectfully submitted,
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catherine A.
1.0.11 '/6328
MEYERS & DES FOR
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for the Plaintiff
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MEYERS. DfSFOR
.'0 NORTH SECOND STREET . P. O. BOX 1062 . HA"RISBURQ, PA 17108
1111123&-9428 . FAX t7171236-2BI7
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vr:..nI n CATX ON
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SUSAN J. SNAVELY
, ve:ify that the
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sta~emen~5 made in this
petlt~on for Special Relief
arc true I'd =orrect to the
best of r.ll' l(J-'o\d~dge, informal! 011 and bel i~:.
! understal"\c
,
II tha'.: false statements herein are made sub)::'.: :0 th,"
~ penalties of lE Pa. C.S. Section 4904, rel:~l~; ~o unsworn
II
II ~alsification ~o authorlties.
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Dated:
10/9/97
(X) plaintiff
() Defendant
MEYERS fa OESfOR
'10 ':OP.TH S:COtlO S~F\:.:.l . PO 80), 1061
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SUSAN SN.'\VEI,y,
Plaintiff
IN TIlE COUll.'!, OF CCJ~IM()N PLEAS 0F
CUMBERl.AND COUNTY, PENNS'liNA:; IA
VB,
NO, 97-5506
of the October 16, 1997, Order of the Honorable George S,
, 1997, a copy
prepaid, to:
Hoffer and Petition for Special Relief was mailed, postage
!: c/o:
Mr. Chester Snavely
Leroy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
A1:1:orney fox' Defendant
:: CHESTER SNAVELY,
~ Defendant
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CIVIL ACTION
IN DIVORCE
~C
MEYERS.OESFOR
410 NORTH SECOND STREeT . POBOX 1062 . HARfHSBUnG, PA 17108
11171136-9428 . ~AX 71112JG-2817
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CERTIFICATE OF SEllVICE
I hereby certify that on this
(}rfl) ~
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atherine A.
Attorney for
EXHIBIT
115
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JAN ;c ;J )998 tP
Ii
il SUSAN SNAVELY,
Plaintiff
I VB.
I CHESTER SNAVELY,
,I Defendant
Ii
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
CIVIL ACTION
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this ____ day of
, 1991, a RULE is
issued upon the Defendant, Chester Snavely, to show cause
why the within petition for Contempt should not be granted.
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Said RULE returnable at hearing on the
day of
, 1990 at .m. o'clock, in Courtroom number
---- -
BY THE COURT
Judge
MlYERI. DlI_
410 NORTH SECOND STREET . PO BO)( 1081 . HARRISBURG, PA 11108
11111236.90128 . FAX 17111236-2817
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SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
CIVIL ACTION
IN DIVORCE
VB.
I! CHESTER SNAVELY,
~! Defendant
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, 1998, it is hereby Ordered that Defendant, CheBter snavely,
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ORDIR
AND NOW, this
day of
iB in contempt of this Court's Order dated October 16, 1997.
Defendant shall:
1.
Take such corrective meaBureB so as to come into
immediate compliance with this Honorable Court's Order
dated October 16, 1997;
2. Replace any and all fundB withdrawn from any marital or
joint accounts;
3. Provide proof of beneficiary on all life inBurance
policieB, pensionB, Keoghs and/or other retirement
accountB or vehicles and Defendant's Will, to Plaintiff
within 3 days of the date of this Order; and,
Pay to wife $500.00 for counsel fees, costs and
expenses for the preparation of this Petition.
BY THE COURT,
J.
MlYlRla DlI_
.lONORT... SECOND STREET . POBOx 1062 . HARRISBURG. PA 17108
(1111236-9-428 . FA)( 1711123&-2817
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LAW O'-FICES
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MEYERS & DESFOR
p O. 80X loal
"'10 NORTH SECONO STREET
HARRISBURG. PA. 17'08
LeRoy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
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SMIGEL, ANDERSON. SACKS
Attorneylll Law
2917 North Fronl Slnlet
Han1IbI.<g. PtnnIy!venll1711 ()'1223
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ANN V LEVIN ESQUIRE
SMIGEL ANDERSON & SACKS
2917 NORTH FRONT STREET
HARRISBURG PA 17110-1223
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" CHESTER SNAVELY,
;1 Defendant
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SUSAN SNAVELY,
Plaint iff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
vs.
CIVIL ACTION
IN DIVORCE
PITITION FOR CONTEMPT
AND NOW, comes plaintiff, Susan Snavely, by and through
her attorneys Meyers & Desfor and files this petition for
Contempt and in support thereof avers as follows:
Petitioner is Susan Snavely an adult individual
residing at 11 West Lawn Circle, Wormleysburg,
Cumberland County, Pennsylvania (hereinafter "Wife").
Respondent is Chester Snavely, an adult individual who
formerly resided at 11 West Lawn Circle, Wormleysburg,
Cumberland County, Pennsylvania (hereinafter
"Husband"). On or about late November 1997, Husband
moved from the marital residence and Wife is unsure of
his current address.
3 .
The parties were married on July 2, 1987, and were
separated on or about September, 1997.
On or about October 10, 1997, Wife simultaneously filed
a Complaint in Divorce and a Petition for Special
Relief.
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MIY!RI a DIIHlIl
.10 NOATH SECOND STREET . POBOX 1062 . HARRISBURG. PA 17108
11171236-9428 . FAX 17171236-2817
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Wife's Petition for Special Relief alleged that
throughout the marriage, the parties accumulated
numerous assets and business interests, including
shares in an off-shore company, with the total value
quoted in the parties' Financial Statement, dated April
30, 1997, in excess of $7,000,000.00. As per the
Financial Statement, there are at least approximately
$500,000.00 of liquid assets contained in various
accounts held in Husband's name alone or in Husband's
name and one of Husband's business interests.
Husband maintained exclusive control of the
parties' finances throughout the marriage and continues
to maintain 8uch control presently.
6. An Order was attached to Wife's petition for Special
Relief which was signed by the Honorable George E.
Hoffer on October 16, 1997. The Order provided that
all marital and joint accounts be frozen and could not
be dissipated, transferred, incumbered, or otherwise
alienated by either party. Additionally, no other
marital assets could be dissipated, transferred,
incumbered, or otherwise alienated by either party.
Husband was Ordered to maintain Wife as
beneficiary on all life insurance policies, pensions,
Keoughs, and/or other retirement accounts or vehicles
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MIYERla DlIHlIl
410NQRTH SECONO STREET . POBOX 1061 . HARRISBURG. PA 17108
171712J6-~28 . FAX 11171236-2811
!I
financial documents necessary to value the parties'
business interests. Husband's attorney also
tentatively agreed to discuss with Husband an advance
on equitable distribution in the amount of $50,000.00
payable to wife for counsel fees, coste, and expenses.
10. As time passed, Wife's counsel repeatedly requested the
draft Order and the financial documents but nothing has
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been provided to date.
Since the date of this Honorable Court's Order freezing
the parties' accounts, preventing them from dissipating
any of the marital assets, Wife discovered $5,000.00 in
cash in Husband's coat pocket. Wife did not remove the
cash from Husband' coat pocket because she was fearful
of his reaction when he discovered the cash was
missing. However, oince Husband is Wife's primary
Bource of support, she asked Husband for some money to
which he replied he had none. Only after Wife
indicated that she knew he had money, Husband then
begrudgingly gave Wife several hundred dollars.
12. Additionally, since the order was signed, Husband has
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been traveling extensively including a week long trip
to Arizona and a week long golf outing to Las Vegas,
Nevada.
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MEYERI a DlI_
.10 NOATH SECOND STREET . PO 80X 1062 . HARRISBURG, PA t1108
171112J&-9.t28 . fAX 17171236-2817
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Husband also changed the locks on the parties' business
office where Wife was employed, without her knowledge
or consent. As a result, Wife cannot access her office
or business records to continue in her job.
Wife believes and therefore avers that Husband is in
contempt of this Honorable Court's Order dated October
16, 1997. Wife believes that Husband has been
accessing one or more of the parties' accounts and
dissipating the funds therefrom. Wife believes that
Husband is able to continue with his extravagant
lifestyle by removing funds from the parties' accounts.
Further, the Court Order provides that Husband must
maintain Wife as beneficiary on all retirement
accounts, life insurance polices, and maintain Wife as
beneficiary in his will. Husband was to provide proof
of the beneficiary to Wife within ten days from October
16, 1997. To date, Husband has provided no such proof.
16. Wife respectfully requests this Honorable Court find
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Husband in contempt and Order him to comply with the
Order dated October 16, 1997.
Wife also respectfully requests this Honorable Court
Order Husband to pay to Wife $500.00 for counsel feeB,
costs, and expenses expended in the preparation of this
Petition.
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MlYERI a DlIHlIl
410 NORTH SECOND STREET . POBOx 1062 . HARRISBURG, PA 11108
1717J 236-9428 . FAX 11171236-2917
WHEREFORE, petitioner Susan Snavely, respectfully
requests this Honorable Court to grant her petition for
Contempt and Order Respondent Chester Snavely, tOI
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a.
Take such corrective measures so as to come into
immediate compliance with this Honorable Court's
Order dated October 16, 1997;
b. Replace any and all funds withdrawn from any
marital or joint accounts;
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Provide proof of beneficiary on all life insurance
c.
policies, pensions, Keoghs and/or other retirement
accounts or vehicles and Defendant's Will, to
Plaintiff within 3 days of the date of this Order;
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d.
Pay to Wife $500.00 for counsel fees, costs and
expenses for the preparation of this Petition.
Respectfully submitted,
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atherine A. quire
I.D.#76328
MEYERS & DES FOR
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for the Plaintiff
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M!YIRla DlIHlIl
410NORTHSECQNDSTREET . PO 80)(1062 . HARRISBURG, PA 17108
11171236-9428 . FAX 1717123&2817
vr..R1FI CA'rION
I,
Susan Snavelv
, verify that the
statements made in this Petition for Contempt
are true and correct to the
best of my kno\~ledge, information and belief,
I understand
that false statements herein are made subject to the
penalties of 1S Pa. C.S, Section 4904, relating to unsworn
falsification to authorities.
Dated:
1/20/98
() Defendant
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M( YlIIS a DlSfOR
"0 NaRY" SECOND S':'~HT . PO eo>. IOU . to4~RRIS8u"G p,), l':'l()lll
171711J6.t.:21 . Ux 17111 2)6.2817
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COillJTY, PENNSYLVANIA
vs.
NO. Q7. 5.5; fit-
rit/;/-:k~
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
ORDER
It is hereby ordered that on this It, 7J". day of
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, 1997,
1. All marital and joint accounts, including but not
limited to checking, savings, securities, brokerage,
individual retirement accounts, pensions, Keogh, and
any other retirement accounts are frozen and cannot be
dissipated, transferred, encumbered or otherwise
alienated by either party.
2.
No marital asset shall be dissipated, transferred,
il encumbered or otherwise alienated by either party.
a
I' 3. Husband must maintain Wife as beneficiary on all life
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4. Husband must maintain Wife as beneficiary in his Will.
5. Husband must provide proof of beneficiary to wife
within 10 days of the date of this Order.
r.>":: r:~ ,:,y rn~'M RECORD
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" - ;'~-tJ. -~~'y-~f '(Jkt" ,19'1'1
"1]1 ~~HH ",C(,"H1?:Lt'L!H"_''''~
." ,:""....'.lJ Prothonotary
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it 410 NORTH SECOND STREET
1111123
BY THE COURT:
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SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
vs.
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
PETITION FOR SPECIAL RELIEF
And now comes Petitione~ Susan Snavely, by and through
her attorneys, Meyers & Desfor, and brings the following
Petition for Special Relief and in support thereof avers as
follows:
1. petitioner is Susan Snavely an adult individual
currently residing at 11 West Lawn Circle,
Wormleysburg, Cumberland County, Pennsylvania
(hereinafter known as "Wife").
2. Respondent is Chester Snavely an adult individual
currently residing at 11 West Lawn Circle,
Wormleysburg, Cumberland County, Pennsylvania
(hereinafter known as "Husband").
3. The parties were married on July 2, 1987, and were
Beparated on or about September 1997.
4. Wife files a Complaint for Divorce simultaneously with
this Petition.
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Husband is a realtor and developer who owns and
operates Anchor Commercial Realty (hereinafter "Anchor
Realty") .
Wife worked during the marriage and presently continues
to work for Husband at Anchor Rp.alty. Husband does not
compensate Wife for her work.
7.
Throughout the marriage, the parties accumulated
~umerous asset~ and business interests, including
shares in an off-shore company, with a value listed in
the parties' Financial Statement dated April 30, 1997,
in excess of $7,000,000.00.
'8. As per the Financial Statement, at least approximately
$500,000.00 is liquid assets contained in variolls
accounts including but not limited to:
a. Merrill Lynch account #872-24029
b. Merrill Lynch account #072-71110
c. Merrill Lynch account #872-07742
d. Merrill Lynch account #872-07883
e. Dauphin Deposit Bank account #10-23538-8
f. Dauphin Deposit Bank account #94-39496-2
g. Dauphin Deposit Bank account ~10-02824-2
h. Dauphin Deposit Bank account #38-34123-9
1. Dauphin Deposit Bank account #10-02501-4
j. Dauphin Deposit Bank account #10-39718-3
k. Dauphin Deposit Bank account #5-7006-5528-4
l. Prudential Securities account #044-273381-18
9, All of the above-stated accounts are held in Husband's
name alone or Husband's name and one of Husband's
business interests.
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MEYERS. DESFOA
410NQATHSECONDSTREET . P.O_BOX1062 . HARRISBURG. PA 17108
11171236-9428 . FJo)( 111712315-1817
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Therefore, Wife respectfully requests this Honorable
Court issue an order preventing either party from
dissipating, transferring, encumbering or otherwise
alienating any marital asset until such time final
distribution takes place.
Additionally, Husband maintains life insurance policies
upon which Wife believes she is the named beneficiary.
Wife also believes that she is the named beneficiary on
the parties' pension, individual rptirement accounts,
Keoghs and other retirement accounts.
19. Wife also believes that she is the named beneficiary in
Husband's Will.
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Wife believes that Husband will change the beneficiary
designation on his life insurance policies, retirement
accounts and Will to a family member or another third
party.
If Husband changes his beneficiary designation and
passes away prior to final distribution, Wife's rights
with respect to the marital estate may be lost.
Accordingly, Wife respectfully requests this Honorable
Court require Husband to maintain Wife as designated
beneficiary on his life insurance policies, retire..lent
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MEYERS. DfSFOR
.'ONOATHSECONOSTREET . P.O 80XI062 . HARRISBURG. PA 17108
17171236-~2B . FAX 11111236-2817
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accounts and Will, and to provide proof thereof within
10 days of the date of this Order.
WHEREFORE, Petitioner Susan Snavely respectfully
requests this Honorable Court to Order to grant the Special
Relief requested in this Petition for Special Relief.
Respectfully submitted,
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Catherine A.
I.D.II '/6328
MEYERS & DESFOR
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for the Plaintiff
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MEYIlIIa Dl!IFOll
"0 NORTH SECOND STREET . P. 0, BOX 10112 . HARRISBURG. PA 171011
17171236-!1'2B . FAX (7171 238-2B17
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SUSAN J. SNAVELY
, \'c:::ify tha~ the
s~atemen~5 made in this
~et~t~on for Special R:lief
are true a:',d ::orrect to ti-,e
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bes':. of r,\)' l(l'.o"ledge. informat)ljn and bell~:
! understa'.lc
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tha"; fa),se 5ta~el~ents herein are made subja::t -:0 the
flenalties of Ie Pa, C,S, section 4904, re~a~l;-.,: 1:0 unS.ICH'
~alsification to autharlties.
Dated:
10/9/97
c::::::> .--..., .
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(X) Plai.nt~tf
() Defendant
MEYERS eo DESfOR
.10 IIOP.'" S~COtm s:n~:T . PO BO). \061
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SUSAN SN.lWELY,
Plaintitf
IN THE COURT OF Cc:.f'Itv.ON PLE!,S :JF
CUMBERLAND COUNTY, PENNSY;"V;'':::h
va,
NO. 97-5586
: CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
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CERTIFICATE OF SERVICE
/1(j/J.
I hereby certify thac on this
~rfo~
, 1997, a CO?y
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of the October 16, 1997, Order of. the Honorable George E,
Hoffer and petition for Special Relief was mailed, postage
prepaid, to:
i;
Mr. Chester Snavely
c/o: Leroy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
Accorney for Defendant
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atherine A.
Attorney for
MEYERS a DESFOfI
.'0 NORTH SECOND STREET . POBOX 1062 . HARRI$BURG, PA 17108
17171236-9<128 . FJIX .:717123&2817
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'.1 SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 5586
vs.
CHESTER SNAVELY,
Defendant
CIVIL ACTION
: IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on this ~day of January, 1998,
a copy of the foregoing petition for Contempt was mailed,
postage prepaid, to:
Leroy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
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MElERI. DlIHlIl
410NORTH SECOND STREET . POBOX 1062 . HARRISBURG. PA 17108
17171236-9428 . FAX (7171238-2817
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SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
CIVIL ACTION
IN DIVORCE
I
I~ vs.
~ CHESTER SNAVELY,
Defendant
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ORDIR
AND NOW, this
day of
1998, it is hereby Ordered that Defendant, Chester Snavely,
is in contempt of this Court's Order dated October 16, 1997.
Defendant shall:
1.
Take such corrective measures so as to come into
immediate compliance with this Honorable Court's Order
dated October 16, 1997;
2. Replace any and all funds withdrawn from any marital or
joint accounts;
3. Provide proof of beneficiary on all life insurance
policies, pensions, Keoghs and/or other retirement
accounts or vehicles and Defendant's Will, to Plaintiff
within 3 days of the date of this Order; and,
II 4.
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Pay to Wife $500.00 for counsel fees, costs and
expenges for the preparation of this Petition.
BY THE COURT,
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J.
MlYERI. DlIHlIl
.'0 NORTH SECOND STREET . POBOX 1062 . HARRISBURG PA 17108
17171236-9428 . FAX 1717123&-2817
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5. Wife's Petition for Special Relief alleged that
throughout the marriage, the parties accumulated
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numerous assets and business interests, including
shareB in an off-shore company, with the total value
quoted in the parties' Financial Statement, dated April
30, 1997, in excess of $7,000,000.00. As per the
Financial Statement, there are at least approximately
$500,000.00 of liquid assets contained in various
accounts held in Husband's name alone or in Husband's
name and one of Husband's business interests.
Husband maintained exclusive control of the
parties' finances throughout the marriage and continues
to maintain such control presently.
6. An Order was attached to Wife's petition for Special
Relief which was signed by the Honorable George E.
Hoffer on October 16, 1997. The Order provided that
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all marital and joint accounts be frozen and could not
be dissipated, transferred, incumbered, or otherwise
alienated by either party. Additionally, no other
marital assets could be dissipated, transferred,
incumbered, or otherwise alienated by either party.
Husband was Ordered to maintain Wife as
beneficiary on all life insurance policies, pensions,
Keoughs, and/or other retirement accounts or vehicles
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MIYlRla DllfOII
410NORTH SECOND STAEET . PO 80)(1061 . HARRISBURG, PA 11108
1117173&-9428 . FAX 11111236.2811
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and as beneficiary in his Will. HUBband was to provide
proof of beneficiary to Wife within ten days of the
date of the Order.
A copy of wife's Petition for Special Relief and
signed Order are attached and marked collectively as
Exhibit "A".
Wife's attorney mailed a copy of this Honorable Court's
Order and Wife's petition for Special Relief on or
about October 17, 1997, to Husband's attorney. A
Certificate of Service stating such was filed on
October 21, 1997. See Certificate of Service attached
and marked Exhibit "B".
Several days later, on October 20, 1997, the parties'
attorneys and Judge George E. Hoffer participated in a
telephone conference about Wife's petition for Special
Relief and the signed Order. At that time, the parties
agreed to meet to exchange financial documents and to
draft a proposed Order to replace the Order signed on
October 16, 1997.
Later in the morning of October 20, 1997, the parties
met and determined that Husband's attorney would
redraft a proposed Court Order that was acceptable to
his client. Additionally, Husband would provide
documentation of the parties' assets and various
5
MlYlRl . DlIHlIl
410 NORTH SECOND STREeT . POBOx 1062 . HARRISBURG, PA 17108
{111123~9428 . FAA 1717123&2811
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financial documents necessary to value the parties'
business interests. Husband's attorney also
tentatively agreed to discuss with Husband an advance
on equitable distribution in the amount of $50,000.00
payable to wife for counsel fees, costs, and expenses.
As time passed, wife's counsel repeatedly requested the
draft Order and the financial documents but nothing has
been provided to date.
since the date of this Honorable Court's Order freezing
the parties' accounts, preventing them from dissipating
any of the marital assets, wife discovered $5,000.00 in
cash in Husband's coat pocket. Wife did not remove the
cash from Husband' coat pocket because she was fearful
of his reaction when he discovered the cash was
missing. However, since Husband is Wife's primary
Bource of support, she asked Husband for some money to
which he replied he had none. Only after Wife
indicated that she knew he had money, Husband then
begrudgingly gave Wife several hundred dollars.
Additionally, since the Order was signed, Husband has
been traveling extensively including a week long trip
to Arizona and a week long golf outing to Las Vegas,
Nevada.
6
M!YlRI.DlIHlIl
410NOATHSECONOSTREET . po BOX 1062 . HARRISBURG, PA 11108
17111236-9428 . FAX 1711123&.2811
13. Husband also changed the locks on the parties' business
office where Wife was employed, without her knowledge
or consent. As a result, Wife cannot access her office
14. Wife believes and therefore avers that Husband is in
or business records to continue in her job.
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contempt of this Honorable Court's order dated October
16, 1997. Wife believes that Husband has been
accessing one or more of the parties' accounts and
dissipating the funds therefrom. Wife believes that
Husband is able to continue with his extravagant
lifestyle by removing funds from the parties' accounts.
Further, the Court Order provides that Husband must
maintain Wife as beneficiary on all retirement
accounts, life insurance polices, and maintain Wife as
beneficiary in his Will. Husband was to provide proof
of the beneficiary to Wife within ten days from October
16, 1997. To date, Husband has provided no such proof.
16. Wife respectfully requests this Honorable Court find
Husband in contempt and Order him to comply with the
Order dated October 16, 1997.
17. Wife also respectfully requests this Honorable Court
Order Husband to pay to Wife $500.00 for counsel fees,
costs, and expenses expended in the preparation of this
Petition.
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MIYlRl. DlIHlIl
'10 NORTH SECOND STREET . POBOX 1062 . HARRISBURG. PA 17108
17171236-9428 . FAX 11111236-2811
WHEREFORE, Petitioner Susan Snavely, respectfully
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Contempt and Order Respondent Chester Snavely, to:
a.
Take such corrective measures so as to come into
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immediate compliance with this Honorable Court's
Order dated October 16, 1997;
b.
Replace any and all funds withdrawn from any
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marital or joint accounts;
c.
Provide proof of beneficiary on all life insurance
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policies, pensions, Keoghs and/or other retirement
accounts or vehicles and Defendant's Will, to
Plaintiff within 3 days of the date of this Order;
and,
d.
Pay to Wife $500.00 for counsel fees, costs and
expenses for the preparation of this Petition.
Respectfully submitted,
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atherine A. quire
LD.#76328
MEYERS & DES FOR
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for the Plaintiff
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MlVIRI. DllFOII
410NORTHSfCOf~OSTREET . POBOx 1062 ' HARRISBURG. PA 17108
1711) 2J6.9428 . FAX 1117123&.2817
SUSAN SNAVELY,
Plaintiff
vs.
CHESTER SNAVELY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (j7. 5!;fil.-
lk/;f ..::k~
CIVIL ACTION
IN DIVORCE
ORDER
It is hereby ordered that on this
1t,:tI... day of
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, 1997,
1. All marital and joint accounts, including but not
limited to checking, savings, securities, brokerage,
individual retirement ac~ounts, pensions, Keogh, and
any other retirement accounts are frozen and cannot be
dissipated, transferred, encumbered or otherwise
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alienated by either party.
trc:nsferred,
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No marital asset shall be dissipated,
" encumbered or otherwise alienated by either party.
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1 retirement account or vehicle.
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5. Husband must provide proof of beneficiary to Wife
within 10 days of the date of this Order.
BY THE COURT:
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~~a.",,7f.-<,~I'~~~""'-""~
..' ,t.....,.., :boo""'" ," Prothonotary
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:1 410 NORTH SECOND STREET
1717123
,
RG. PA 17108
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SUSAN SNAVELY,
Plaint if f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO,
vs.
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCF.
PETITION FOR SPECIAL RELIEF
And now comes Petitioner Susan Snavely, by and through
her attorneys, Meyers & Desfor, and brings the following
Petition for Special Relief and in support thereof avers as
follows:
1. petitioner is Susan Snavely an adult individllal
currently residing at 11 West Lawn Circle.
Wormleysburg, Cumberland County, Pennsylvania
(hereinafter known as "Wife").
2. Respondent is Chester Snavely an adult individual
currently residing at 11 West Lawn Circle,
Wormleysburg, Cumberland County, Pennsylvania
(hereinafter known as "Husband").
3. The parties were married on July 2, 1987, and were
separated on or about September 1997.
4. Wife files a Complaint for Divorce simultaneously with
this Petition.
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Husband is a realtor and developer who owns and
operates Anchor Commercial Realty (hereinafter "Anchor
Realty") .
Wife worked during the marriage and presently continues
to work for Husband at Anchor Realty. Husband does not
compensate Wife for her work.
Throughout the marriage, the parties accumulated
fiumerous assets and business interests, including
shares in an off-shore company, with a value listed in
the parties' Financial Statement dated April 30, 1997,
in excess of $7,000,000.00.
8. As per the Financial Statement, at least approximately
$500,000.00 is liquid assets contained in various
accounts including but not limited to:
a. Merrill Lynch account #072-24029
b. Merrill Lynch account #872-71110
c. Merrill Lynch account #872-07742
d. Merrill Lynch account #872-07883
e. Dauphin Deposit Bank account #10-23538-8
f. Dauphin Deposit Bank account #94-39496-2
g. Dauphin Deposit Bank account #10-02824-2
h. Dauphin Deposit Bank account #38-34123-9
i. Dauphin Deposit Bank account #10-02501-4
j. Dauphin Deposit Bank account #10-39718-3
k. Dauphin Deposit Bank account #5-7006-5528-4
1. Prudential Securities account #044-273381-18
9. All of the above-stated accounts are held in Husband's
name alone or Husband's name and one of Husband's
business interests.
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MEYERS. DESRlR
41:)NORTH SECOND STREET . P.O BOX '062 . HARRISBURG. PA 17108
11171236-9428 . FAX 1711123&-2817
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~ 10. Wife has no access to these accounts. Indeed, Husband
1 maintained exclusive control over t~e parties' finances
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assets are titled solely in Husband's name.
Wife believes that Husband may maintain other accounts
of which she is not currently aware and cannot access.
Wife believes that Husband will access the accounts and
dissipate their value without her knowledge or consent
prior to final distribution,
Wife also believes Husband may transfer, sell or
otherwise dissipate the value of the parties' numerous
other assets prior ~o final distribution.
Wife respectfully requests this Honorable Court freeze
all marital and joint accounts including but not
limited to, checking, savings, securities, individual
retirement accounts, pensions, Keoghs and any other
retirement account or vehicle until such time that a
final distribution takes places.
15. Wife also believes that Husband may transfer, sell or
otherwise dissipate the parties' other assets to his
family or another third party prior to final
distribution.
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MEYERS. DESFOR
"0 NORTH SECOND STREET . P. D BOX 1062 . HARR'SBURG, PA,I1106
17171136-9428 . FAX (7171236-2817
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Therefore, Wife respectfully requests this Honorable
Court issue an order preventing either. party from
dissipating, transferring, encumbering or otherwise
alienating any marital asset until such time final
distribution takes place.
Additionally, Husband maintains life insurance policies
upon which Wife believes she is the named beneficiary.
Wife also believes that she is the named beneficiary on
the parties' pension, individual rptirement accounts,
Keoghs and other retirement accounts.
19. Wife also believes that she is the named beneficiary in
Husband's will.
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designation on his life insurance policies, retirement
accounts and Will to a family member or another third
party.
21.
If Husband changes his beneficiary designation and
passes away prior to final distribution, Wife's rights
with respect to the marital estate may be lost.
Accordingly, Wife respectfully requests this Honorable
22.
Court require Husband to maintain Wife as designated
beneficiary on his life insurance policies, retire..\ent
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MEYERS. DnFOR
'10 NORTH SECOND STREET . P, O. BOX 1062 . HARRISBURG. PA 17\08
1711123&-9428 . FAX 17111236-2817
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accountB and Will, and to provide proof thereof within
10 days of the date of this Order.
WHEREFORE, Petitioner Susan Snavely respectfully
requests this Honorable Court to Order to grant the Special
Relief requested in this Petition for Special Relief.
Respectfully submitted,
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Catherine A.
I.D.# '/6328
MEYERS &. DES FOR
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for the Plaintiff
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MIYIIII. DllfOOl
"0 NORTH SECOND STREET . P. 0, BOX 10112 . HARR'SBURG, PA 1710B
11171236-9028 . fA)( (111123&2811
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SUSAN J. SNAVELY
ve::lf~ tha;: tIle
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sta~emenc5 made in this
~etltlon for Special ~=lief
are true I"d =orrect to the
b2S~ of ~i knowlHdge, informatl0n an~ bell!~
, uncerstat"td
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tha~ false state~ents herein are made subja=t ~o the
penalties of IE ?a, C.S, section 4904, re~lcl~; co unsworn
~a~sificatiorl to authorlties.
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Dated:
10/9/97
() Defendant
MEYERS e. DESFOR
'10 "10".'" SECOt4D SiR::T . PO eo),. 1061
SUSAN S!~,"VELY,
Plaintiff
IN THE C'OLJI<T or C::JHt:'ON PLEAS jF
CUMBERLAND COUNTY, PENNS'l...V;':::i,
VS.
NO. 97-5586
" CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
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CERTIFICATE OF SERVICE
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I hereby ~rtifY that on this
f:::Ir-b ~
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, 1997, a copy
j: of the October 16, 1997, Order of the HOnl1ra,ble George E,
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,; Hoffer and petition for Special Relief was mailed, postage
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Mr. chester Snavely
c/o: Leroy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
ii Attorney for Defendant
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atherine A.
Attorney for
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MEYERS. DESfOII
410NOATHSECQNOSTREET . PO.BOX 1062 . HARRISBURG, PA 17108
17111236-9428 . FAX. i7171236-2817
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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'I CHESTER SNAVELY,
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vs.
NO.
97-5586
CIVIL ACTION
IN DIVORCE
CIRTIFICATB OF SERVICI
I hereby certify that on this ~day of January, 1998,
a copy of the foregoing petition for Contempt was mailed,
postage prepaid, to:
Leroy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
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Ml!YIRI. DlIHlIl
"'ONQRTHSECQNOS1AEET . po 8011:1062 . HARRiSBURG PA 17108
1711l23&-~28 . FAX 17171 236-2817
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Ii CHESTER SNAVELY,
II Defendant
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SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
CIVIL ACTION
IN DIVORCE
vs.
ORDIR
AND NOW, this
day of
1998, it is hereby Ordered that Defendant, Chester Snavely,
:1 is in contempt of this Court's Order dated October 16, 1997.
,
Ii Defendant shall:
I: 1. Take such corrective measures so as to come into
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immediate compliance with this Honorable Court's Order
dated October 16, 1997;
Replace any and all funds withdrawn from any marital or
joint accounts;
3. Provide proof of beneficiary on all life insurance
policies, pensions, Keoghs and/or other retirement
accounts or vehicles and Defendant's Will, to Plaintiff
within 3 days of the date of this Order; and,
Pay to Wife $500.00 for counsel fees, costs and
expenses for the pI'eparation of this Petition.
BY THE COURT,
J.
MIYERI. DllFOlI
410 NORTH SECOND STREET . POBOX 1062 . HARRISBURG, PA 11108
\1111231).9428 . FAX 17111236-2817
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
vs.
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
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II PITITION FOR CONTIMPT
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AND NOW, comes Plaintiff, Susan Snavely, by and through
I' her attorneys Meyers & Desfor and files this petition for
I, Contempt and in support thereof avers as follows,
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petitioner is Susan Snavely an adult individual
residing at 11 West Lawn Circle, Wormleysburg,
Cumberland County, Pennsylvania (hereinafter "Wife").
Respondent is Chester Snavely, an adult individual who
formerly resided at 11 West Lawn Circle, Wormleysburg,
Cumberland County, Pennsylvania (hereinafter
"Husband"). On or about late November 1997, Husband
moved from the marital residence and Wife is unsure of
his current address.
The parties were married on July 2, 1987, and were
separated on or about September, 1997.
On or about October 10, 1997, Wife simultaneously filed
a Complaint in Divorce and a petition for Special
Relief.
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M!YERI . DlIHlIl
A'O NORTH SECOND STREET . POBOX 1062 . HARRISBURG PA 11108
17171236-9418 . FAX 17171236-2817
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Wife's Petition for Special Relief alleged that
throughout the marriage, the parties accumulated
numerous assets and business interests, including
shareB in an off-shore company, with the total value
quoted in the partieB' Financial Statement, dated April
30, 1997, in excess of $7,000,000.00. As per the
Financial Statement, there are at least approximately
$500,000.00 of liquid assets contained in various
accounts held in Husband's name alone or in Husband's
name and one of Husband's business interests.
Husband maintained exclusive control of the
parties' finances throughout the marriage and continues
to maintain such control presently.
An Order was attached to Wife's Petition for Special
Relief which was signed by the Honorable George E.
Hoffer on October 16, 1997. The Order provided that
all marital and joint accounts be frozen and could not
be dissipated, transferred, incumbered, or otherwise
alienated by either party. Additionally, no other
marital assets could be dissipated, transferred,
incumbered, or otherwise alienated by either party.
Husband was Ordered to maintain Wife as
beneficiary on all life insurance policies, pensions,
Keoughs, and/or other retirement accounts or vehicles
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MIYlRl. DUHlIl
410 NORTH SECO~~D STREET . PO 80)( 1062 . HARRISBURG. PA 17108
17111236-90428 . FA)( 17171236.2817
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and as beneficiary in his Will. Husband was to provide
proof of beneficiary to Wife within ten days of the
date of the Order.
A copy of Wife's petition for Special Relief and
signed Order are attached and marked collectively as
Exhibit lOA".
7 .
Wife's attorney mailed a copy of this Honorable Court's
Order and Wife's petition for Special Relief on or
about October 17, 1997, to Husband's attorney. A
Certificate of Service stating such was filed on
October 21, 1997. See Certificate of Service attached
and marked Exhibit "B".
Several days later, on October 20, 1997, the parties'
attorneys and Judge George E. Hoffer participated in a
telephone conference about Wife's Petition for Special
Relief and the signed Order. At that time, the parties
agreed to meet to exchange financial documents and to
draft a proposed Order to replace the Order signed on
October 16, 1997.
Later in the morning of October 20, 1997, the parties
met and determined that Husband's attorney would
redraft a proposed Court Order that was acceptable to
his client. Additionally, Husband would provide
documentation of the parties' assets and various
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MEYl~1 . DUHlIl
410 NORTH SECOND STREET . POBOx 1062 . HARRISeURG. PA 17108
1711123&9428 . FAX 17171236-2817
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financial documents necessary to value the parties'
business interests. Husband's attorney also
tentatively agreed to discuss with Husband an advance
on equitable distribution in the amount of $50,000.00
payable to Wife for counsel fees, costs, and expenses.
As time passed, wife's counsel repeatedly requested the
draft Order and the financial documents but nothing has
been provided to date.
Since the date of this Honorable Court's Order freezing
the parties' accounts, preventing them from dissipating
any of the marital assets, Wife discovered $5,000.00 in
cash in Husband's coat pocket. wife did not remove the
cash from Husband' coat pocket because she was fearful
of his reaction when he discovered the cash was
missing. However, since Husband is Wife's primary
Bource of support, she asked Husband for some money to
which he replied he had none. Only after wife
indicated that she knew he had money, Husband then
begrudgingly gave Wife several hundred dollars.
Additionally, since the Order was signed, Husband has
been traveling extensively including a week long trip
to Arizona and a week long golf outing to Las Vegas,
Nevada.
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MlYlRla 0111'01I
410NORTHSECONDSTREET . PO BOX 1062 . HARRISBURG. PA 11108
P171236-9428 . FAX 17171236-2811
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Husband also changed the locks on the partieB' business
office where Wife was employed, without her knowledge
or consent. As a result, Wife cannot access her office
or business records to continue in her job.
Wife believes and therefore avers that Husband is in
contempt of this Honorable Court's Order dated October
16, 1997. Wife believes that Husband has been
accessing one or more of the parties' accounts and
dissipating the funds therefrom. Wife believes that
Husband is able to continue with his extravagant
lifestyle by removing funds from the parties' accounts.
Further, the Court Order provides that Husband must
maintain Wife as beneficiary on all retirement
accounts, life insurance polices, and maintain Wife as
beneficiary in his Will. Husband was to provide proof
of the beneficiary to wife within ten days from October
16, 1997. To date, Husband has provided no such proof.
Wife respectfully requests this Honorable Court find
Husband in contempt and Order him to comply with the
Order dated October 16, 1997.
Wife also re,]pectfully requests this Honorable Court
Order Husband to pay to Wife $500.00 for counsel fees,
costs, and expenses expended in the preparation of this
Petition.
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MIYlRI. D1IHl1l
4'0 NORTH SECOND STREET . POBOX 1062 . HARRISBURG, PA 17;08
1711123&.9428 . FAXI7'7J236-2B17
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Husband is a realtor and developer who owns and
operates Anchor Commercial Realty (hereinafter "Anchor
Realty") .
Wife worked during the marriage and presently continues
to work for Husband at Anchor Realty. Husband does not
compensate Wife for her work.
Throughout the marriage, the parties accumulated
numerous assets and business interests, including
shares in an off-shore company, with a value listed in
the parties' Financial Statement dated April 30, 1997,
in excess of $7,000,000,00.
I 8., As per the Financial Statement, at least approximately
$5CO,OOO,00 is liquid assets contained in various
accounts including but not limited to:
a. Merrill Lynch account #872-24029
b. Merrill Lynch account #872-71110
c. Merrill Lynch account #872-07742
d. Merrill Lynch account #872-07883
e. Dauphin Deposit Bank account #10-23538-8
f. Dauphin Deposit Bank account #94-39496-2
g. Dauphin Deposit Bank account #10-02824-2
h. Dauphin Deposit Bank account #38-34123-9
i. Dauphin Deposit Bank account #10-02501-4
j . Dauphin Deposit Bank account #10-39718-3
k. Dauphin Deposit Bank account #5-7006-5528-4
1. Prudential Securities account #044-273381-18
9. All of the above-stated accounts are held in Husband's
name alone or Husband's name and one of Husband's
business interests.
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MEYERS. DESFOR
"ONORTH SECONO STREET . p,o BOX 1062 . HARR'SBURG, PA 17'06
f11712J6-9428 . FAX 1117123&-2817
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Therefore, Wife respectfully requests this Honorable
Court issue an order preventing either party from
dissipating, transferring, encumbering or otherwise
alienating any marital asset until such time final
distribution takes place.
Additionally, Husband maintains life insurance policies
upon which Wife believes she is the named beneficiary.
Wife also believes that she is the named beneficiary on
the parties' pension, individual rptirement accounts,
Keoghs and other retirement accounts.
19, Wife also believes that she is the named beneficiary in
Husband's will.
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Wife believes that Husband will change the beneficiary
designation on his life insurance policies, retirement
accounts and Will to a family member or another third
party.
22.
If Husband changes his beneficiary designation and
passes away prior to final distribution, Wife's rights
with respect to the marital estate may be lost.
Accordingly, Wife respectfully requests this Honorable
Court require Husband to maintain Wife as designated
beneficiary on his life insurance policies, retire..lent
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MEYERS. DESFOR
flONORTHSECONOSTREET . P.O BOX 1062 . HARRISBURG. PA 17108
11\112J6-~2B . FAX 11171235-2817
accounts and Will, and to provide proof thereof within
10 days of the date of this Order.
WHEREFORE, Petitioner Susan Snavely respectfully
requests this Honorable Court to Order to grant the Special
Relief requested in this petition for Special Relief.
Respectfully submitted,
I
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,
Catherine A.
I. D. # '16328
MEYERS & DES FOR
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for the Plaintiff
"
6
MEYERla D1IFOll
.'0 NORTH SECOND STREET . p, 0, BOX '082 . HARRISBURG, PA 17108
171112J&.!W28 . FAX 17111238-2811
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SUSAN J. SNAVELY
, ve:ify that th~
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sta~ement5 made in this
~et~t~on for Special Ralief
are true a'~d :orrect to the
best. of r.':' knoi.,,'ledge, inforii\atj1)11 and be:"l~:
~ \.lncersta!":c
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tha~ false state~ent5 herein are made su~ja:t :0 the
pel,alties of IE Pa, C.S. section 4904, re~atl;-,:: 'to uns~}crn
~als~fication ~c authorities.
Dated:
10/9/97
CJ~DOV~
(X) plai.ntiff
() Defendant
SUSAN SH!WELY.
Plaint it f
IN THE COURT OF 20r'I~;O;'1 PLEAS ::W
CUM[;81~L^ND COUNTY, PENNSY;'V';:: :;,
va,
NO. 97-558G
!
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CHESTER SNAVELY,
Defendant
CIVIl, r,CTTON
IN DIVORCE
CERTIFICATE OF SERVICE
"
"
I hereby certify thac on this
~ eff) ~
/~
; day of
I!
, 1997, a copy
~ of the October 16, 1997, Order of the HonDrable George E,
II
~ Hoffer and petition for Special Relief was mailed, postage
:!
!i prepaid, to:
J' ....
"
,
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Mr, Chester Snavely
c/o: Leroy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
Accorney fOI' Defendant
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MEYERS.OESFOR
.10NORTHSECONDSTREET . PO BOX 1062 . HARRISBURG, PA 17108
171J1236-9ot28 . FA:J. ,:1171236-2817
SUSAN SNAVELY.
Plaintiff
Ii vs.
,I
i: CHESTER SNAVELY.
"
II Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
CIVIL ACTION
IN DIVORCE
CIRTIFICATI OF SIRVICI
I hereby certify that on this ~day of January, 1998,
a copy of the foregoing Petition for Contempt was mailed,
pOBtage prepaid, to:
Leroy Smigel, Esquire
SMIGEL. ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
,
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410NORTHSECONOSTREET . PO BO)(I062 . HARRISBURG. PA 1"08
171112J6..9428 . FAX 171712J6.2811
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBER~D COUNTY, PENNSYLVANIA
NO. 97 - 5586
SUSAN SNAVELY,
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ORDER
AND NOW, this
day of
, 1998, it is
hereby ordered that Plaintiff's Petition for Special Relief is
dismissed.
BY THE COURT:
J.
.051 I ../AN"WIc:W, TO t]ETITlCtl F;~ ;jj'r::IAL r...;t.1J.:Fl,".'l.l~i,1 'lIJU/ Jd I 5';j.fTI
SUSAN SNAVELY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
v.
NO. 97-5586
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW. comes Defendant, Chester Snavely, by his attorneys,
Smigel, Anderson & Sacks, and answers Plaintiff's Petition for Special
Relief as follows:
1. Admitted.
2. Denied. Defendant currently resides at 426 North Front
Street, Wormleysburg, Pennsylvania.
3. Admitted in part and denied in part. It is admitted that
the parties were married on July 2, 1987. It is denied that the
parties separated in September, 1997.
4. No response required.
5. Admitted. By way of further answer, Anchor Realty is
Defendant's premarital property.
6. Admitted in part and denied in part. It is admitted that
Plaintiff worked during the marriage. plaintiff never worked for
Defendant at Anchor Realty. plaintiff is part owner of Southridge
Development. plaintiff receives a share in the profits of this
development and therefore does not receive compensation.
7. Denied. Th~ parties do not have assets worth $7,000,000.
Any financial statements do not take into account taxes nor do they
represent liquidation value. Further, the only interest in an
offshore asset is an investment fund within Defendant's nonmarital
Keogh worth approximately $25,000.
8. Denied. The accounts identified by Plaintiff are primarily
nonmarital business accounts. Defendant has a fiduciary obligation to
partners for most of the major accounts. If accounts are frozen, the
Defendant will not be able to make the mortgage payments and the bank
will seize the properties, and financial harm will result to
Defendant, Defendant's partners and to Plaintiff.
9. Admitted.
10. Admitted in part and denied in part, It is admitted that
Plaintiff has no access to the accounts identified. It is denied
Defendant had exclusive control over the parties' finances throughout
the marriage. Plaintiff has access to the parties' joint checking
account which has a balance of approximately $15,000. There are not
many marital assets. plaintiff only has a marital interest in
Defendant's nonmarital and premarital property.
11. No response required.
12. No response required. To the extent that a response is
required, Defendant has no intention of dissipating any marital assets
and understands that both parties must be accountable for disclosure
of assets to the Divorce Master.
13. Denied. Plaintiff's belief is unjustified. Defendant has
taken no action whatsoever to dissipate the value of the parties'
- 2 -
assets prior to distribution. Defendant continually deposits
approximately $7,500 to $10,000 monthly into a joint account for
Plaintiff's use. plaintiff continues to have full use of all credit
~
cards and Defendant pays these balances monthly.
14. No response required. To the extent a response is required,
the freezing of marital and joint accounts would have a devastating
effect on both parties and is therefore in neither party's best
interest.
15. Denied. Plaintiff's belief is unjustified. Defendant has
not dissipated or transferred any assets to family members or third
partieD and has no intention of doing so.
16. No response required. By way of further answer, if the
parties are restricted by court order from use of the marital assets,
Defendant's business will come to an immediate halt. This will be to
the detriment of both Plaintiff and Defendant as well as many innocent
third parties.
17. Admitted in part and denied in part. It is admitted that
Defendant maintains insurance policies. It is denied that Plaintiff
is the beneficiary of any of these policies. On or about September,
1997, Defendant changed the beneficiary from Plaintiff to his estate.
,
Under Pennsylvania law, Plaintiff's interest in these proceeds is
therefore secured since she has a right as his spouse to share in his
I:
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~
estate. Pursuant to agreement of the parties through counsel as
directed by this Honorable Court, Defendant obtained a new policy
insuring Defendant's life for $800,000. This policy is issued by John
Hancock and Plaintiff is the sole beneficiary.
, .
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~--
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18. No response is required. To the extent a response is
required, Plaintiff is the named beneficiary on Defendant' nonmarital
Keogh.
19. No response required. To the extent a response is required,
Plaintiff is not the beneficiary under Defendant's Will. The
beneficiary is Defendant's estate.
20. No response required.
21. Denied. Plaintiff's rights with respect to the marital
estate will not be lost in the event Defendant should pass away prior
to final distribution. Plaintiff will have a right to take a share of
Defendant's estate as his surviving spouse.
22. No response required. To the extent a response is required,
Defendant should not be required to maintain Plaintiff as designated
beneficiary on any insurance policy, retirement account, or Will.
WHEREFORE, it is respectfully requested that Plaintiff's Petition
for Special Relief be dismissed.
SMIG~L, ANDERSON & SACKS
Dated:
January 27, 1998
<~
-~-~
By:
v
-~
Le oy Smigel, Esquire
I.D. 1109617
Ann V. Levin, Esquire
I.D. 1170259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
- 4 -
VERIF!CATION
I, CHISTER SNAVELY, verify that the statements contained in the
foregoing pleading are true and correct to the beet of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa.C.S. ~4904, relating to
unsworn falsification to authorities.
Date:
t/2"7Jq'J
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PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
SUSAN SNAVELY,
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
t,
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v.
ORDER
AND NOW, this
day of
, 1998, it is
hereby ordered that Plaintiff's petition for Special Relief is
dismissed.
BY THE COURT:
J.
..'" l 4II\HIiNEM TO ~ETITIO" FOR SPECIAL RELIEF/AVL/kld Ol/H/98 l:50pm
"
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
SUSAN SNAVELY,
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW, comes Defendant, Chester Snavely, cy his attorneys,
Smigel, Anderson & Sacks, and answers Pla~ntiff's petition for Special
Relief as follows:
1. Admitted.
2. Denied. Defendant currently resides at 426 North Front
Street, Wormleysburg, Pennsylvania.
3. Admitted in part and denied in part. It is admitted that
the parties were married on July 2, 1987. It is denied that the
parties separated in September, 1997.
4. No response required.
5. Admitted. By way of further answer, Anchor Realty is
Defendant's premarital property.
6. Admitted in part and denied in part. It is admitted that
Plaintiff worked during the marriage. Plaintiff never worked for
Defendant at Anchor Realty. Plaintiff is part owner of Southridge
Development. plaintiff receives a share in the profits of this
development and therefore does not receive compensation.
7. Denied. The parti~s do not have assets worth $7,000,000.
Any financial statements do not take into account taxes nor do they
represent liquidation value. Further, the only interest in an
offshore asset is an investment fund within Def.endant's nonmarital
Keogh worth approximately $25,000.
8. Denied. The accounts identified by Plaintiff are primarily
nonmarital business accounts. Defendant has a fiduciary obligation to
partners for most of the major accounts. If accounts are frozen, the
Defendant will not be able to make the mortgage payments and the bank
will seize the properties, and financial harm will result to
Defendant, Defendant's partners and to Plaintiff.
9. Admitted.
10. Admitted in part and denied in part. It is admitted that
plaintiff has no access to the accounts identified. It is denied
Defendant had exclusive control over the parties' finances throughout
the marriage. Plaintiff has access to the parties' joint checking
account which has a balance of approximately $15,000. There are not
many marital assets. Plaintiff only has a marital interest in
Defendant's nonmarital and premarital property.
11. No response required.
12. No response required. To the extent that a response is
required, Defendant has no intention of dissipating any marital assets
and understands that both parties must be accountable for disclosure
of assets to the Divorce Master.
13. Denied. Plaintiff's belief is unjustified. Defendant has
taken no action whatsoever to dissipate the value of the parties'
- 2 -
assets prior to distribution. Defendant continually deposits
approximately $7,500 to $10,000 monthly into a joint account for
Plaintiff's use. Plaintiff continues to have full use of all credit
cards and Defendant pays these balances monthly.
14. No response required. To the extent a response is required,
the freezing of marital and joint accounts would have a devastating
effect on both parties and is therefore in neither party's best
interest.
15. Denied. Plaintiff's belief is unjustified. Defendant has
not dissipated or transferred any assets to family members or third
parties and has no intention of doing so.
16. No response required. By way of further answer, if the
parties are restricted by court order from use of the marital assets,
Defendant's business will come to an immediate halt. This will be to
the detriment of both plaintiff and Defendant as well as many innocent
third parties.
17. Admitted in part and denied in part. It is admitted that
Defendant maintains insurance policies. It is denied that Plaintiff
is the beneficiary of any of these policies. On or about September,
1997, Defendant changed the beneficiary from Plaintiff to his estate.
Under Pennsylvania law, Plaintiff's interest in these proceeds is
therefore secured since she has a right as his spouse to share in his
estate. Pursuant to agreement of the parties through counsel as
directed by this Honorable Court, Defendant obtained a new policy
insuring Defendant's life for $800,000. This policy is issued by John
Hancock and Plaintiff is the sole beneficiary.
- 3 -
18. No response is required. To the extent a response is
required, Plaintiff is the named beneficiary on Defendant' nonmarital
Keogh.
19. No response required. To the extent a response is required,
plaintiff is not the beneficiary under Defendant's Will. The
beneficiary is Defendant's estate.
20. No response required.
21. Denied. Plaintiff's rights with respect to the marital
estate will not be lost in the event Defendant should pass away prior
to final distribution. plaintiff will have a right to take a share of
Defendant's estate as his surviving spouse.
22. No response required. To the extent a response is required,
Defendant should not be required to maintain Plaintiff as designated
beneficiary on any insurance policy, retirement account, or Will.
WHEREFORE, it is respectfully requested that Plaintiff's petition
for Special Relief be dismissed.
Dated: January 27, 1998
SMIGEL, ANDERSON << SACKS
By, L~-s.Yo.~~u2
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
- 4 -
.
VERIFICATION
I, CHESTER SNAVELY, verify that the statements contained in the
foregoing pleading are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa.C.S. ~4904, relating to
unsworn falsification to authorities.
Date I 11271 qg
. I
~
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
SUSAN SNAVELY,
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ORDER
AND NOW, this
day of
, 1998, it is
hereby ordered that Plaintiff's petition for Special Relief is
dismissed.
BY THE COURT:
J.
t951.1-t/ANSWiR TO PETITIOfl FOR SPECIAL RELIEF/AVL/kld 01/11/91 1:50pm
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
SUSAN SNAVELY,
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW, comes Defendant. Chester Snavely, by his attorneys,
Smigel, Anderson & Sacks, and answers Plaintiff's Petition for Special
Relief as follows:
1. Admitted.
2. Denied. Defendant currently resides at 426 North Front
Street, Wormleysburg, Pennsylvania.
3. Admitted in part and denied in part. It is admitted that
the parties were married on July 2, 1987. It is denied that the
parties separated in September, 1997.
4. No response required.
5. Admitted. By way of further answer, Anchor Realty is
Defendant's premarital property.
6. Admitted in part and denied in part. It is admitted that
Plaintiff worked during the marriage. Plaintiff never worked for
Defendant at Anchor Realty. Plaintiff is part owner of Southridge
Development. Plaintiff receives a share in the profits of this
development and therefore does not receive compensation.
7. Denied. The parties do not have assets worth $7,000,000.
Any financial statements do not take into account taxes nor do they
represent liquidation value. Further, the only interest in an
offshore asset is an investment fund within Defendant's nonmarital
Keogh worth approximately $25,000.
8. Denied. The accounts identified by Plaintiff are primarily
nonmarital business accounts. Defendant has a fiduciary obligation to
partners for most of the major accounts. If accounts are frozen, the
Defendant will not be able to make the mortgage payments and the bank
will seize the properties, and financial harm will result to
Defendant, Def~ndant's partners and to Plaintiff.
9. Admitted.
10. Admitted in part and denied in part. It is admitted that
Plaintiff has no access to the accounts identified. It is denied
Defendant had exclusive control over the parties' finances throughout
the marriage. Plaintiff has access to the parties' joint checking
account which has a balance of approximately $15,000. There are not
many marital assets. plaintiff only has a marital interest in
Defendant's nonmarital and premarital property.
11. No response required.
12. No response required. To the extent that a response is
required, Defendant has no intention of dissipating any marital assets
and understands that both parties must be accountable for disclosure
of assets to the Divorce Master.
13. Denied. Plaintiff's belief is unjustified. Defendant has
taken no action whatsoever to dissipate the value of the parties'
- 2 -
assets prio= to distribution. Defendant continually deposits
approximately $7,500 to $10,000 monthly into a joint account for
Plaintiff's use. plaintiff continues to have full use of all credit
cards and Defendant pays these balances monthly.
14. No response required. To the extent a response is required,
the freezing of marital and joint accounts would have a devastating
effect on both parties and is therefore in neither party's best
interest.
15. Denied. Plaintiff's belief is unjustified. nefendant has
not dissipated or transferred any assets to family members or third
parties and has no intention of doing so.
16. No response required. By way of further answer, if the
parties are restricted by court order from use of the marital assets,
Defendant's business will come to an immediate halt. This will be to
the detriment of both plaintiff and Defendant as well as many innocent
third parties.
17. Admitted in part and denied in part. It is admitted that
Defendant maintains insurance policies. It is denied that Plaintiff
is the beneficiary of any of these policies. On or about September,
1997, Defendant changed the beneficiary from plaintiff to his estate.
Under Pennsylvania law, Plaintiff's interest in these proceeds is
therefore secured since she has a right as his spouse to share in his
estate. Pursuant to agreement of the parties through counsel as
directed by this Honorable Court, Defendant obtained a new policy
insuring Defendant's life for $800,000. This policy is issued by John
Hancock and Plaintiff is the sole beneficiary.
- 3 -
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN SNAVELY,
v.
NO. 97-5586
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann Levin, Esquire, hereby certify that I have served a true
and correct copy of Defendant's Answer to petition for Special Relief
upon counsel for Plaintiff as addressed below by depositing the same
in the U.S. Mail, first class, postage prepaid, on the 27th day of
January, 1998.
Catherine A. Boyle, Esquire
Meyers & Desfor
410 N. Second Street
P.O. Box 1062
Harrisburg, PA 17108
SMIGEL, ANDERSON & SACKS
. LI /:.::J
Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
By:
Attorneys for Defendant
. '
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marriage. Plaintiff has had access to the parties' assets and
continues to have access to the parties' joint checking account, with
an approximate balance of $15,000. Throughout the marriage, Defendant
has maintained exclusive control of his separate nonmarital and
premarital property.
6. No response required.
7. No response required. To the extent a response is required,
the Order entered by The Honorable George E. Hoffer dated October 16,
1997 was signed without Defendant having an opportunity to respond.
Defendant's counsel received the petition for Special Relief on
October 15, 1997. Judge Hoffer signed Plaintiff's proposed Order on
October 16, 1997. Defendant was not provided with an opportunity to
respond to the allegations set forth in the petition.
8. Admitted. By way of further answer, Defendant requested the
phone conference in an effort to alert the court that Defendant
opposed the petition.
9. Admitted.
10. Denied. On or about November 5, 1997 correspondence was
forwarded to Plaintiff's counsel enclosing a proposed Order
encompassing the terms of the parties' agreement. The correspondence
also indicated that several appraisals of property were available for
Plaintiff's counsel to retrieve from Defendant's counsel's office. A
copy of the correspondence is attached hereto as Exhibit "A". On or
about November 6, 1997 counsel for Plaintiff responded to the above
Exhibit "A" by indicating that the Stipulation proposed was not
acceptable. See attached Exhibit "B". Plaintiff's counsel also
- 2 -
sought $50,000 towards his counsel fees. It is Defendant's
understanding that this would be nonrefundable to Plaintiff.
Following this, Defendant's counsel believed the parties were
attempting reconciliation and counseling. Regardless, Defendant's
counsel responded to the proposed Order submitted by Plaintiff's
counsel on or about November 25, 1997. See attached Exhibit "C". On
or about December 9, 1997, Plaintiff's counsel forwarded
correspondence to Defendant's counsel once again seeking $50,000
towards counsel fees before they would move the matter forward.
Plaintiff's counsel is responsible for failing to follow through with
the continued drafting of the proposed Order. Plaintiff's counsel has
also failed to retrieve the appraisals which have been waiting at
Defendant's counsel's office since November 5, 1997.
11. Denied. The cash Plaintiff "discovered" while
inappropriately rummaging through Defendant's personal clothing was
cash from a post-separation distribution from a premarital asset.
Defendant gave Plaintiff approximately $500. Plaintiff did not
request any specific amount of money and has never been denied money
be Defendant. In fact, all requests made by Plaintiff for cash are
granted. In addition, Plaintiff has access and control over the
parties' joint checking account with an approximate balance of
$15,000. Plaintiff has no basis to fear Defendant.
12. Denied. Defendant did spend time in Arizona at Christmas to
be with his entire family. Defendant also took part in a golf outing
scheduled prior to separation. This trip was for business relations
and networking and took place from a Friday through Monday.
- 3 -
Plaintiff, however, has spent one week in San Diego, California and
followed this with a pleasure trip to Aspen, Colorado.
13. Denied. Defendant changed the locks on his premarital
business because Plaintiff had been rifling through confidential files
and has provided them to her attorney. Plaintiff is not employed by
Defendant's business and has no reason to be present in Defendant's
office building.
14. Denied. Defendant believes that the October 16, 1997 Order
was nullified following the phone conference with Judge Hoffer on
October 20, 1997. In fact, pursuant to the parties' agreement,
Defendant was in good faith attempting to draft the revised Order. It
is disingenuous for Plaintiff's counsel to now seek to enforce the
terms of an Order that even they were working on trying to amend.
Defendant does not live an extravagant lifestyle. To the contrary,
Plaintiff lives in an approximately $400,000 house and takes pleasure
trips at will. Defendant lives in a two-room apartment with no
kitchen. Defendant has not obtained lavish alternative living
arrangements in an effort to preserve assets. Defendant must write
checks from his accounts in order to maintain fiduciary obligations to
partners. It is in neither party's interest to freeze accounts
because the assets would be seized by the banks and Defendant's
ability to conduct business or attract investors in the future would
be irreparably damaged.
15. Denied. Counsel for Plaintiff and Defendant agreed that a
separate policy would be obtained. This policy is in place.
Plaintiff is still the beneficiary on Defendant's Keogh. It is not
- 4 -
necessary to freeze assets because the assets consist mostly of real
estate and are more than sufficient to outweigh any assets that can be
liquidated.
16. No response required.
17. No response required. To the extent a response is required
it was not necessary for Plaintiff to file a contempt petition.
Plaintiff and Defendant were working towards an amicable overall
resolution to this case. In addition, the parties had agreed to amend
the October 16, 1997 Court Order. Plaintiff also has access to
$15,000 and has sufficient funds to pay her own counsel fees.
WHEREFORE, it is respectfully requested that this Court dismiss
Plaintiff's Petition for Contempt and award Defendant counsel fees,
costs and expenses.
Datel January 27, 1998
BYI
SMIGEL, ANDERSON & SACKS
( L tJ ~~
LeRoy Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
- 5 -
VERIFICATION
I, CHESTIR SNAVELY, verify that the statements contained in the
foregoing pleading are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa.C.S. ~4904, relating to
unsworn falsification to authorities.
Date:
/ /i7/C;Y
, I
~/
.;
-
.
SMIGEL, ANDERSON & SACI{S
.
ATTORNEYS AT LAW
LeROY IMIGEL
C, Ltt ANDeRSON
ITUAAT I. lACKS
JOHN W, 'RaMMER
JOIEPH ., D'AMICO
AHN Y. LeVIN
HEATHER D, ROVEA
291'1 NORTH FRONT STAEET
HARRISBURO, PENNSYLVANIA 17110-1223
17171 Z34.~401
'ILE NO.
4951-1-4
'AX 17171 2:M-3eU
November 5, 1997
VIA FAX 236-2817
Bruce D. Desfor, Esquire
Meyers , Desfor
410 North Second Street
Harrisburg, PA 17101
Re: Snavely
Dear Bruce:
We have had an opportunity to meet with Chet Snavely. He is
in agreement with the terms of the proposed order, a copy of
which is enclosed. I believe the order is consistent with the
terms we discussed at our meeting on October 20, 1997.
Upon the signing of the enclosed consent to have the
proposed order adopted by the court, Hr. Snavely will forward to
your client the sum of $50,000, as advance equitable
distribution.
In regard to naming Susan as the beneficiary on the life
insurance pOlicies, please be advised that Chet will obtain a
term life insurance pOlicy in the amount of $800,000 naming Susan
as beneficiary. This will be an additional policy in an amount
equal to the policy already in existsnce.
Hr. Snavely is anxious to bsgin the mediation process and
will do so with Dr. Arnold Shienvold. The issues to be addressed
at mediation will be equitable distribution, spousal support and
arrangements for Susan to vacate the home. At the beginning of
the mediation sessions Susan will receive the sum of $25,000
towards advance equitable distribution.
At the concluBion of the mediation sessions, Susan will
again be provided with $25,000 as advanced equitable
distribution.
In anticipation of the mediation session, we are summarizing
the asset list ~nd Chet will provide Susan with a proposal at the
mediation session.
Please have SUBan provide a listing of the jewelry in her
possession as well as appraisals for that jewelry. Please also
provide a list of all of the accounts in which she has any
,ruce D. DeBtor, Esquire
page 2
November 5, 1997
interest or has had any interest in during the past tive years.
For example, we are aware that ahe is custodian of more than one
account which exists in California.
The 1996 tax return ia available tor pickup at our ottice.
It is my understanding that the other returns tor the past tive
years are already in your possession.
We also have Beveral appraisals tor you to pick up. Among
them is an appraisal tor Ertord Plaza, Westport and North Front
street.
Please be advised that Mr. Snavely has withdrawn the sum ot
$50,000 to make a tax payment to the Internal Revenue Service.
This sum was withdrawn trom the Prudential Bache account on or
about November 3, 1997. This was tor the estimated quarterly
payment which was due as ot September 15, 1~97.
Please torward the enclosed consent tor the entry ot the
order at your earliest convenience.
We received a copy ot the Petition tor Exclusive possession
today. Please be advised that we intend to tile an answer
opposing the petition. By taking such action, your client is
clearly demonstrating an unwillingness to amicably resolve this
matter. Regardless, we still wish to pursue mediation in an
attempt to reduce the legal tees tor both parties.
Thank you tor your attention to this matter.
Ve~lY yours,
LeRoy Smigel
LRS:AVL:kld
ce: Mr. Chester C. Snavely, Jr.
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
:
I NO. 97 - 5586
SUSAN SNAVELY,
v.
.
.
CHESTER SNAVELY,
DEFENDANT
.
.
: CIVIL ACTION - DIVORCE
ORDER
AND NOW, this
day ot
, 1997, the
prior Order entered by this Court on October 16, 1997, is vacated and
the tollowing Order is entered.
1. There will be no withdrawals or dissipation ot ,~e tunds
trom Merrill Lynch account no. 872-71110.
2. Detendant shall have access to the tollowing accounts tor
use in the ordinary course ot business. In addition, Plaintitf'.
counsel shall have the ability to examine the tinancial books on a
regular basis upon seven days advance notice to counsel for Detendant.
The accounts are as tollows:
a) Merrill Lynch account no. 872-07742 ;
b) Merrill Lynch account no. 872-07883;
c) Dauphin Deposit Bank account no. 10-23538-8;
d) Dauphin Deposit Bank account no. 94-39496-2;
.) Dauphin Deposit Bank account no. 10-02824-2;
f) Dauphin Deposit Bank account no. 38-34123-9;
g) Dauphin Deposit Bank account no. 10-02501-4;
h) Dauphin Deposit Bank account no. 10-39718-3; and
~
SUSAN SNAVELY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 5586
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
smJ1.L.AIIQN
AND NOW, this
day of
, 1997, counsel
for the parties in the above referenced action hereby stipulate and
agree that the Order attached hereto encompasses the intent of their
respective client and that it may be adopted as a Court Order.
SKIGBL, ANDERSON , SACKS
BY,~'4&s~(
1.0. No. 09617
Ann V. Levin, Esquire
1.0. No. 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
MEYERS , DES FOR
..
Attorneys for Defendant
By:
Bruce D. Desfor, Esquire
1.0. No.
catherine A. Boyle, Esquire
1.0. No. 76328
410 North Second Street
Harrisburg, PA 17101
(717) 236-9428
Attorneys for Plaintiff
i
I
,I
J
;
LAW O,.,.'C[~
MEYERS & DES FOR
410 NORTH SECOND STRteT
PO BOl( IOlSoit
HARRISBURG. p.o.. 17108
I [MANUCL M(TEAS IlQ15.lfil701
BRUCE D. DE5'OR
LAURIE: A SALTZOIV[R
CATHERINE: A. BOYLI:
TARA A. MUCHA
November 6, 1997
Leroy Smigel, Esquire
SMIGEL, ANDERSON, & SACKS
2917 North Front Street
Harrisburg, PA 17110
Rei Susan Snavelv vs. Chester Snavely
Dear Lee:
t71?1,;a...~..
'A.17171'~.,'.17
We have made changes on your suggested Stipulation and Order
which we believe more accurately reflect the understanding we
arrived at. Relative to your letter of November 5, 1997, we will
not agree to mediation other than mediation conducted by counsel.
I believe that our efforts would be much more productive then
those that could be achieved through Dr. Shienvold. I therefore
suggest that after we have gone through a brief discovery
process, in which we are able to ascertain the existence and
value of the assets, that you and I meet to try and map out an
outline for settlement purposes and thereafter we set-up a 4-
party conference in which we try to finalize such a settlement.
In order for my client to continue these efforts. she will
need to have an advance on equitable distribution which she can
use for counsel fees in the amount of $50,000.00. In addition,
rather than go through a support proceeding at this time, which I
assume your client is not interested in doing, he would make an
additional payment of $50,000.00. This second $50,000.00 would
not be categorized either as support, alimony, or an advance on
equitable distribution since I think that we would want to take
that into consideration in terms of an eventual settlement.
please review and advise promptly.
BDD/th
Enclosure
cc: Susan Snavely
- .-,- "- ~- .~
, r<<"I ' .
. - ~ I
~. '.
i'
I
I
I
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
va.
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
AND NOW, this
ORDER
day of
1997, the prior Order entered by this Court on October 16,
1997. is vacated and the following Order is entered.
1. There will be no withdrawals or dissipation of the
funds from Merrill Lynch Account #872-71110, Merrill
Lynch Account #872-24029, or Prudential Securities
Account #044-273381-18. The Merrill Lynch Account
#872-24029 account may be used only for payment of
expenses on the marital residence while the parties
continue to reside together at the residence. Said
expenses to include mortgage, taxes, utilities, etc.
If the parties discontinue residing together, there
will be no additional withdrawals or dissipation of the
funds from Merrill Lynch Account #872-240-029.
2. Defendant shall have access to the following accounts
for use only in the ordinary course of business. In
addition, Plaintiff's counsel shall have the ability to
examine the financial books on a regular basis upon
seven days advance notice to counsel for Defendant.
MEYERS.OESFOR
410NORTtiSF.CQNDSTREET . PO 00:<1062 . ~iAARISOURG, PA 11108
11171236.9428 . FAX (7171236.2817
The accounts are aa follows:
a. Merrill Lynch account #872-07742/
b. Dauphin Deposit Bank account #872-07883;
c. Dauphin Deposit Bank account #10-23538-8;
d. Dauphin Deposit Bank account #94-39496-2;
e. Dauphin Deposit Bank account #10-02824-2;
f. Dauphin Deposit Bank account #38-34l23-9;
g. Dauphin Deposit Bank account #10-0250l-4;
h. Dauphin Deposit Bank account #10-39718-3; and
i. Dauphin Deposit Bank account #5-7006-5528-4.
3. Defendant shall maintain Plaintiff as beneficiary on
life insurance polices in the amount of $800,000. He
ahall provide proof within 10 days of the existence of
this insurance and naming her as beneficiary. wife
shall also receive regular statements verifying that
the insurance is in full force and effect.
4. Any and all other retirement accounts, deferred
compensation, Keoughs, 401(k)'s, individual retirement
accounts are frozen pending further agreement of the
parties or Order of Court.
2
MEYERS. OUFOR
410NORTHSECONOSTREET . PO 80)(1062 . HARRISBURG. PA 17108
111712J6.9U8 . FAX 171112362817
SUSAN SNAVELY,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
vs.
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
AND NOW, this
ORDER
day of
1997, counsel for the parties in the above-referenced action
hereby stipulate and agree that the Order attached hereto
encompasses the intent of their respective client and that
it may be adopted as a Court Order.
SMIGEL, ANDERSON & SACKS
MEYERS & DES FOR
LeRoy Smigel, Esquire
Attorney I.D.#09617
Ann V. Levin, Esquire
Attorney I.D. #70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Bruce D. Desfor. Esquire
Attorney I.D.# 07168
Catherine A. Boyle, Esquire
Attorney I.D. #76328
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for Plaintiff
Attorney for Defendant
MEYERS. DESFOR
410 'lOATH SEco~m STREET . POBOX 1062 . HARRISBURG. PA 17108
111711369418 . fAX 111111J62811
SMIGEl.. ANDEHSON & SACI{S
ATTORNEYS AT LAW
LeROY SMIGEL
C. LEE ANDERSON
STUART a. SAC"'
JOHN W '''O''''''''ER
.JOSEPH 8 D'AMICO
ANI\! V LEYIN
MEAn'lCR D. ROYER
2917 NORTH rAONT STRIET
HARRISBURG, PENNSYLVANIA 17110-1223
1717. Z34.Z401
'AX 17171 .~..3ell
riLe NO.
4951-1-4
November 25, 1997
VIA FAX 236-2817
Bruce D. D.stor, Esquire
Meyers , Deator
410 North Second street
Harrisburg, PA 17101
ReI Snavely
Dear Bruce:
We have had an opportunity to review your proposed order on
the above referenced matter.
In regard to paragraph number 1, the language regarding no
withdrawals or dissipation of funda from Merrill Lynch account
no. 872-71110 (Keogh) is acceptable.
That same language is not acceptable as it pertains to
Merrill Lynch account no. 872-24029 (Hr. Snavely'S pre-marital
account) or Prudential Securities account no. 044-273381-18.
These accounts must be accesaible by Hr. Snavely for use in
normal and ordinary dealings. Thia would include marital
obligations. It is not acceptable that marital expenses be paid
out of Mr. Snavely'S pre-marital account and therefore
expenditures for marital obligations will be withdrawn from the
Prudential Securities account.
the parties are continuin9
We wanted to respond so
It ia also our understanding that
to work on a potential reconciliation.
that your files would be complete.
Pleaae call if you would like to discuss.
Very truly yours,
LeRoy Smigel
LRS:AVL:kld
cc: Mr. Chester C. Snavely, Jr.
SUSAN SNAVELY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
PLAINTIFF
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann Levin, Esquire, hereby certify that I have served a true
and correct copy of Defendant's Answer to the Petition for Contempt
upon counsel for plaintiff as addressed below by depositing the same
in the U.S. Mail, first class, postage prepaid. on the 27th day of
January, 1998.
Catherine A. Boyle, Esquire
Meyera lie Desfor
410 N. Second Street
P.O. Box 1062
Harrisburg, PA 17108
::~GEL' 7_ERSO~ ';/KS )
Le~Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
<1951 1 4/AfI5Wl,:Jt TO COIITEMl'T t'ErITIOU/AVL/kl\1 OlO-'/'J/J I: 46pm
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 5586
SUSAN SNAVELY,
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ANSWER TO PETITION FOR CONTEMPT
AND NOW, comes Defendant, Chester Snavely, by his attorneys,
Smigel, Anderson & Sacks, and files the following answer to
Plaintiff's petition for Contempt:
1. Admitted.
2. Admitted. Defendant currently resides at 426 North Front
Street, Wormleysburg, Pennsylvania. plaintiff is aware of Defendant's
address.
3. Admitted in part and denied in part. It is admitted that
the parties were married on July 2, 1987. It is denied that the
parties separated in September, 1997.
4. Admitted.
5. It is admitted that Plaintiff's October 10, 1997 Petition
for Special Relief alleged that the parties accumulated numerous
assets and business interests including shares in an offshore company.
It is denied that this is an accurate reflection of marital assets.
It is admitted that Defendant has assets and accounts held in his name
or in the name of his business. It is denied that Defendant has
maintained exclusive control over the parties' finances throughout the
marriage. Plaintiff has had access to the parties' assets and
continues to have access to the parties' joint checking account, with
an approximate balance of $15,000. Throughout the marriage, Defendant
has maintained exclusive control of ~ separate nonmarital and
premarital property.
6. No response required.
7. No response required. To the extent a response is required,
the Order entered by The Honorable George E. Hoffer dated October 16,
1997 was signed without Defendant having an opportunity to respond.
Defendant's counsel received the petition for Speci~l Relief on
October 15, 1997. Judge Hoffer signed Plaintiff's proposed Order on
October 16, 1997. Defendant was not provided with an opportunity to
respond to the allegations set forth in the petition.
8. Admitted. By way of further answer, Defendant requested the
phone conference in an effort to alert the court that Defendant
opposed the petition.
9. Admitted.
10. Denied. On or about November 5, 1997 correspondence was
forwarded to Plaintiff's counsel enclosing a proposed Order
encompassing the terms of the parties' agreement. The correspondence
also indicated that several appraisals of property were available for
Plaintiff's counsel to retrieve from Defendant's counsel's office. A
copy of the correspondence is attached hereto as Exhibit "A". On or
about November 6, 1997 counsel for plaintiff responded to the above
Exhibit "A" by indicating that the Stipulation proposed was not
acceptahle. See attached Exhibit "B". Plaintiff's counsel also
- 2 -
sought $50,000 towards his counsel feea. It is Defendant's
understanding that this would be nonrefundable to Plaintiff.
Following thia, Defendant's counsel believed the parties were
attempting reconciliation and counseling. Regardless, Defendant's
counsel responded to the proposed Order submitted by Plaintiff's
counsel on or about November 25, 1997. See attached Exhibit "C". On
or about December 9, 1997, Plaintiff's counsel forwarded
correspondence to Defendant's counsel once again seeking $50,000
towards counsel fees before they would move the matter forward.
Plaintiff's counsel is responsible for failing to follow through with
the continued drafting of the proposed Order. Plaintiff's counsel has
also failed to retrieve the appraisals which have been waiting at
Defendant's counsel's office since November 5, 1997.
11. Denied. The cash Plaintiff "discovered" while
inappropriately rummaging through Defendant's personal clothing was
cash from a post-aeparation distribution from a premarital asset.
Defendant gave Plaintiff approximately $500. Plaintiff did not
request any specific amount of money and has never been denied money
be Defendant. In fact, all requests made by Plaintiff for cash are
granted. In addition, Plaintiff has access and control over the
parties' joint checking account with an approximate balance of
$15,000. Plaintiff has no basis to fear Defendant.
12. Denied. Defendant did spend time in Arizona at Christmas to
be with his entire family. Defendant also took part in a golf outing
scheduled prior to separation. This trip was for businesa relations
and networking and took place from a Friday through Monday.
- 3 -
Plaintiff, however, has spent one week in San Diego, California and
followed this with a pleasure trip to Aspen, Colorado.
13. Denied. Defendant changed the locks on his premarital
business because Plaintiff had been rifling through confidential files
and has provided them to her attorney. Plaintiff is not employed by
Defendant's business and has no reason to be present in Defendant's
office building.
14. Denied. Defendaut believes that the October 16, 1997 Order
was nullified following the phone conference with Judge Hoffer on
October 20, 1997. In faot, pursuant to the parties' agreement,
Defendant was in good faith attempting to draft the revised Order. It
is disingenuous for Plaintiff's counsel to now seek to enforce the
terms of an Order that even they were working on trying to amend.
Defendant does not live an extravagant lifestyle. To the contrary,
Plaintiff lives in an approximately $400,000 house and takes pleasure
trips at will. Defendant lives in a two-room apartment with no
kitchen, Defendant has not obtained lavish alternative living
arrangements in an effort to preserve assets. Defendant must write
checks from his accounts in order to maintain fiduciary obligations to
partners. It is in neither party's interest to freeze accounts
because the assets would be seized by the banks and Defendant's
ability to conduct business or attract investors in the future would
be irreparably damaged.
15. Denied. Counsel for Plaintiff and Defendant agreed that a
separate policy would be obtained. This policy is in place.
Plaintiff is still the beneficiary on Defendant's Keogh. It is not
- 4 -
VERIFICATION
I, CHESTER SNAVELY, verify that the statements contained in the
foregoing pleading are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa.C.S, ~4904, relating to
unsworn falsification to authorities.
Date:
/ /27 / 'I y
, I
~~/
,.-
-
.
SMIGEL. ANDERSON ok SACKS
.
ATTORNEYS AT LAW
LIROY ,""IOEI.
C. LEE ANOEA.ON
I,UAIlI' .. I"CK'
JOHN W. ""OMMI"
..IOIE,H .. O''-NICO
ANN V. LitVIN
HeATHEA D. ROYE"
1817 Ho,nH '''ONT STltt!:T
HARRISBURG. PENNSYLVANIA 17110-1223
17171 234-01401
'AX J7171134.JeU
nLC NO.
4951-1-4
Novemb.r 5, 1997
VIA PAX 236-2817
Bruc. D. D..for, E.quir.
M.yer. , D..for
410 North S.cond stre.t
Harri.burg, PA 17101
Re: Srlavely
D.ar Bruc.:
We have had an opportunity to ...t with Ch.t Snavely. H. is
in agreem.nt with the t.rms of the proposed order, a copy of
which i. .nclosed. I believe the order is consistent with the
terms w. di.cu..ed at our ...ting on October 20, 1997.
upon the .igning of the .nclosed consent to bave the
propo..d order adopt.d by the court, Mr. Snavely will forward to
your client the .um of $50,000, as advance equitable
distribution.
In regard to naming Susan as the beneficiary on the life
insurance policies, pl.ase be advised that Chet will obtain a
term life insuranc. policy in the amount of $800,000 naming Susan
a. ben.ficiary. This will be an additional policy in an amount
equal to the policy alr.ady in .xist.nce.
Mr. Snav.ly iB anxious to begin the mediation process and
will do .0 with Dr. Arnold Sbienvold. The issues to be addr.ssed
at ..diation will be .quitable distribution, .pousal .upport and
arrang.m.nts for Susan to vacate the home. At the beginning of
the ..diation ....ion. Susan will receive til. sum of $25,000
toward. advance .quitable distribution.
At the conclusion of the mediation seseions, Susan will
again be provided with $2~,000 a. advanced .quitable
distribution.
In anticipation of the mediation .e.eion, we are summarizing
the a..et li.t and Chet will provide Susan with a proposal at the
..diation ....ion.
Pl.a.. have Su.an provide a listing of the j.welry in b.r
po.....ion a. w.ll a. appraisala for that jewelry. Pleas. also
provide a list of all of the accounts in which she has any
,ruce D. De.tor, !.quire
page :2
Noveaber 5, 1997
int.r.st or hag had any intere.t in during the pa.t five year..
For example, ve are avare that .he i. cu.todian of more than one
account vhich .xi.t. in Calitornia.
Th. 1996 tax return i. available for pickup at our ottice.
It i. .y under.tanding that the other r.turn. for the pa.t five
year. are alr.ady in your po.....ion.
We al.o have .everal apprai.al. for you to pick up. Among
th.m i. an apprai.al tor Erford Plaza, We.tport and North Front
street.
Plea.e be advi..d that Mr. Snavely hag withdrawn the .um of
$50,000 to ..xe a tax payment to tha Int.rnal R.venue Service.
Thi. .um va. withdrawn tram the Prudential Bache account on or
about November 3, 1997. This was for the estimated quarterly
payment vhich va. due a. at S.pt.mber 15, 1997.
Plea.e torward the enclo.ed consent for the .ntry of the
ord.r at your earliest conv.ni.nc..
We received a copy at the Petition for Exclusive posse..ion
today. Pl.a.e be advised that v. int.nd to file an ansver
oppo.inq the petition. By taking .uch action, your cli.nt i.
clearly demon.tratinq an unvillingnes. to amicably re.olve this
aatter. R.qardl..., v. .till vish to pursue m.diation in an
att.mpt to r.duc. the leqal te.. for both parties.
Thank you tor your att.ntion to this matter.
V.~~lY yours,
LeRoy smigel
LRS:AVL:kld
cc: Mr. Ch..ter C. Snav.ly, Jr.
PLAINTIFF
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 97 - ~~86
I
I
: CIVIL ACTION - DIVORCE
SUSAN SNAVELY,
v.
CHESTER SNAVELY,
DEFENDANT
ORDER
AND NOW, thb
day of
, 1997, the
prior Order entered by this Court on october 16, 1997, is vacated and
the followinq Order is entered.
1. There will be no withdrawals or dissipation of .~e funds
from Merrill Lynch account no. 872-71110.
2. Defendant shall have access to the following accounts for
use in the ordinary course of business. In addition, Plaintiff's
counsel shall have the ability to examine the financial books on a
regular basis upon seven days advance notice to counsel for Defendant.
The accounts are as follows:
a) Herrill Lynch account no. 872-07742;
b) Herrill Lynch account no. 872-07883;
c) Dauphin Deposit Bank account no. 10-23538-8;
d) Dauphin Deposit Bank account no. 94-39496-2;
e) Dauphin Deposit Bank account no. 10-02824-2;
f) Dauphin Deposit Bank account no. 38-34123-9;
g) Dauphin Deposit Bank account no. 10-02501-4;
h) Dauphin Deposit Bank account no. 10-39718-3; and
~
SUSAN SNAVELY,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
:
I NO. 97 - 5586
PLAINTIFF
v.
.
.
CHESTER SNAVELY,
DEFENDANT
I
I CIVIL ACTION - DIVORCE
sr.m.ILA1lQN
AND NOW, this
day of
, 1997, counsel
for the parties in the above referenced action hereby stipulate and
agree that the Order attached hereto encompasses the intent of their
respective client and that it may be adopted as a Court Order.
8XIGBL, ANDBRSON , SACKS
KBYBRS , DESFOR
..
By:
Bruce D. Desfor, Esquire
1.0. No.
catherine A. Boyle, Esquire
1.0. No. 76328
410 North Second Street
Harrisburg, PA 17101
(717) 236-9428
Attorneys for Plaintiff
By:
LeRoy Sm q , Es
1.0. No. 09617
Ann V. Levin, Esquire
1.0. No. 70259
2917 North Front street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
~
;
LAW O,F.C[S
MEYERS & DESFOR
410 NORTH S~COND aTRt~T
POBOX loea
I EMANUEL MEYERS 1l810.IQ701
BAUCE D. DI:."O"
LAURIE A, 8AUZO'''E"
CATHERINE A. BOYLE
TARA A. MUCHA
HARRISBURG, P.o.. 17108
1717182..84..
rA.t1171.3....17
November 6, 1997
Leroy Smigel, Eaquire
SMIGEL. ANDERSON, & SACKS
2917 North Front Street
Harriaburg, PA 17110
ReI Susan Snavelv vs. CAester Snavely
Dear Lee:
We have made changes on your suggested Stipulation and Order
which we believe more accurately reflect the understanding we
arrived at. Relative to your letter of November 5, 1997, we will
not agree to mediation other than mediation conducted by counsel.
I believe that our efforts would be much more productive then
those that could be achieved through Dr. Shienvold. I therefore
suggest that after we have gone through a brief discovery
process, in which we are able to ascertain the existence and
value of the assets, that you and I meet to try and map out an
outline for settlement purposes and thereafter we set-up a 4-
party conference in which we try to finalize such a settlement.
In order for my client to continue these efforts, ahe will
need to have an advance on equitable distribution which she can
use for counsel fees in the amount of $50,000.00. In addition,
rather than go through a support proceeding at this time. which I
assume your client is not interested in doing, he would make an
additional payment of $50,000.00. This second $50,000.00 would
not be categorized either as support, alimony, or an advance on
equitable distribution since I think that we would want to take
that into consideration in terms of an eventual settlement.
Pleaae review and advise promptly.
BDD/th
Encloaure
cc: Susan Snavely
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I NO. 97-5586
VB.
CHESTER SNAVELY,
Defendant
CIVIL ACTION
IN DIVORCE
AND NOW, this
ORDER
day of
1997, the prior Order entered by this Court on October 16,
1997, is vacated and the following Order is entered.
l. There will be no withdrawals or dissipation of the
funds from Merrill Lynch Account #872-71110, Merrill
Lynch Account #872-24029, or Prudential Securities
Account #044-273381-18. The Merrill Lynch Account
#872-24029 account may be used only for payment of
expenaes on the marital residence while the parties
continue to reside together at the residence. Said
expenses to include mortgage, taxes, utilities, etc.
If the parties discontinue residing together, there
will be no additional withdrawals or dissipation of the
funds from Merrill Lynch Account #872-240-029.
2. Defendant shall have access to the following accounts
for use only in the ordinary course of business. In
addition, Plaintiff's counsel shall have the ability to
examine the financial books on a regular basis upon
seven days advance notice to counsel for Defendant.
I
:1
I
,I
MEYERS. Ol!SFOR
410 NOATH SECOND STAEET . POBOX 1062 . HARRISOURG. PA 17106
11171236.9428 . FAX 171112362811
The accounts are as follows:
a. Merrill Lynch account #872-07742;
b. Dauphin Deposit Bank account #872-07883;
c. Dauphin Depoait Bank account #10-23538-8;
d. Dauphin Depoait Bank account #94-39496-2;
e. Dauphin Deposit Bank account #10-02824-2;
f. Dauphin Deposit Bank account #38-34123-9;
g. Dauphin Deposit Bank account #10-0250l-4;
h. Dauphin Deposit Bank account #10-39718-3; and
i. Dauphin Deposit Bank account #5-7006-5528-4.
3. Defendant shall maintain Plaintiff as beneficiary on
life insurance polices in the amount of $800,000. He
ahall provide proof within 10 days of the existence of
this insurance and naming her as beneficiary. Wife
ahall alao receive regular statements verifying that
the insurance is in full force and effect.
4. Any and all other retirement accounts, deferred
compenaation, Keoughs, 401(k) .s, individual retirement
accounts are frozen pending further agreement of the
partiea or Order of Court.
2
MlYlIIS. DlSI'OIl
41QNQRTHSECONDSTREET . PO BOX 1062 . HARRISBURG PA 1110a
111112369'28 . FAX 11111 136 2817
SMIGEL. ANDEHSON & SACles
ATTORNEYS AT LAW
LCAOY SMIGCL
C l.U ANDERSON
STUAAT 1_ IACMS
.lOMH W '"O"'MER
-,OIEPH' O'AMICO
ANN V LEVIN
HEATHER D_ ROYER
aQI7 NORTH ""ONT STREET
HARRISBURG, PENNSYLVANIA 17110-1223
.7171 a34.a401
'All. 17171 .34.3.11
PILE HO
4951-1-4
November 25, 1997
.1
VIA FAX 236-2817
Bruce D. De.tor, Esquire
Meyers , Desfor
410 North Second Street
Harrisburg, PA 17101
Re: Snavely
Dear Bruce:
We have had an opportunity to review your proposed order on
the above referenced matter.
In regard to paragraph number 1, the language regarding no
withdrawals or dissipation of funds from Merrill Lynch account
no. 872-71110 (Keogh) is acceptable.
That same language is not acceptable as it pertains to
Merrill Lynch account no. 872-24029 (Hr. Snavely'B pre-marital
account) or Prudential Securities account no. 044-273381-18.
These accounts must be accessible by Hr. Snavely for use in
normal and ordinary dealings. This would include marital
obligations. It is not acceptable that marital expenses be paid
out of Hr. Snavely'. pre-marital account and therefore
expendituree for marital obligations will be withdrawn from the
Prudential Securitiee account.
the parties are continuing
We wanted to respond so
It is also our understanding that
to work on a potential reconciliation.
that your files would be complete.
Please call if you would like to discuss.
Very truly youra,
LeRoy Smigel
LRS:AVL:kld
cc: Hr. Chester C. Snavely, Jr.
PLAINTIFF
IN THE COURT OF ~OMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN SNAVELY,
v.
NO.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann Levin, Esquire, hereby certify that I have selved a true
and correct copy of Defendant's Answer to the petition for Contempt
upon coun~el for Plaintiff as addressed below by depositing the same
in the U.S. Mail, first class, postage prepaid, on the 27th day of
January, 1998.
Catherine A. Boyle, Esquire
Meyers & Desfor
410 N. Second Street
P.O. Box 1062
Harrisburg, PA 17108
::~GEL. 7~~SO~ &L~
Le~Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN SNAVELY,
v.
NO. 97 - 5586
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ORDER
AND NOW, this
day of
, 1998, upon
consideration of the foregoing Answer to Petition for Contempt it is
hereby ordered and decreed that Plaintiff's petition for Contempt is
dismissed. It is further ordered and decreed that Plaintiff is
directed to pay Defendant's reasonable counsel fees and expenses
incurred in connection with the filing, preparation and disposition of
the foregoing Answer in the amount of $1,500 within fifteen (15) days
from the entry of this Order.
BY THE COURT:
J.
marriage. Plaintiff has had access to the parties' assets and
continues to have access to the parties' joint checking account. with
an approximate balance of $15,000. Throughout the marriage, Defendant
has maintained exclusive control of ~ separate nonmarital and
premarital property.
6. No response required.
7. No response required. To the extent a response is required,
the Order entered by The Honorable George E. Hoffer dated October 16,
1997 was signed without Defendant having an opportunity to respond.
Defendant's counsel received the Petition for Special Relief on
October 15, 1997. Judge Hoffer signed Plaintiff's proposed Order on
October 16, 1997. Defendant was not provided with an opportunity to
respond to the allegations set forth in the petition.
8. Admitted. By way of further answer, Defendant requested the
phone conference in an effort to alert the court that Defendant
opposed the petition.
9. Admitted.
10. Denied. On or about November 5, 1997 correspondence was
forwarded to Plaintiff's counsel enclosing a proposed Orde~
encompassing the terms of the parties' agreement. The correspondence
also indicated that several appraisals of property were available for
Plaintiff's counsel to retrieve from Defendant's counsel's office. A
copy of the correspondence is attached hereto as Exhibit "A". On or
about November 6, 1997 counsel for Plaintiff responded to the above
Exhibit "A" by indicating that the Stipulation proposed was not
acceptable. See attached Exhibit "B". Plaintiff's counsel also
- 2 -
sought $50,000 towards his counsel feea. It is Defendant's
understanding that this would be nonrefundable to Plaintiff.
Following this, Defendant's counsel believed the parties were
attempting reconciliation and counseling. Regardless, Defendant's
counsel responded to the proposed Order submitted by Plaintiff's
counsel on or about November 25, 1997. See attached Exhibit "C". On
or about December 9, 1997, Plaintiff's counsel forwarded
correspondence to Defendant's counsel once again seeking $50,000
towards counsel fees before they would move the matter forward.
Plaintiff's counsel is responsible for failing to follow through with
the continued drafting of the proposed Order. Plaintiff's counsel has
also failed to retrieve the appraisals which have been waiting at
Defendant's counsel's office since November 5, 1997.
11. Denied. The cash Plaintiff "discovered" while
inappropriately rummaging through Defendant's personal clothing was
cash from a post-separation distribution from a premarital asset.
Defendant gave plaintiff approximately $500. Plaintiff did not
request any specific amount of money and has never been denied money
be Defendant. In fact, all requests made by Plaintiff for cash are
granted. In addition, Plaintiff has access and control over the
parties' joint checking account with an approximate balance of
$15,000, Plaintiff has no basis to fear Defendant.
12. Denied. Defendant did spend time in Arizona at Christmas to
be with his entire family. Defendant also took part in a golf outing
scheduled prior to separation. This trip was for business relations
and networking and took place from a Friday through Monday.
- 3 -
Plaintiff, however, has spent one week in San Diego, California and
followed this with a pleasure trip to Aspen, Colorado.
13. Denied. Defendant changed the locks on his premarital
business because Plaintiff had been rifling through confidential files
and has provided them to her attorney. Plaintiff is not employed by
Defendant's business and has no reason to be present in Defendant's
office building,
14. Denied. Defendant believes that the October 16, 1997 Order
was nullified following the phone conference with Judge Hoffer on
October 20, 1997. In fact, pursuant to the parties' agreement,
Defendant was in good faith attempting to draft the revised Order. It
is disingenuous for Plaintiff's counsel to now seek to enforce the
terms of an Order that even they were working on trying to amend.
Defendant does not live an extravagant lifestyle, To the contrary.
Plaintiff lives in an approximately $400,000 house and takes pleasure
trips at will. Defendant lives in a two-room apartment with no
kitchen. Defendant has not obtained lavish alternative living
arrangements in an effort to preserve assets. Defendant must write
checks from his accounts in order to maintain fiduciary obligations to
partners, It is in neither party's interest to freeze accounts
because the assets would be seized by the banks and Defendant's
ability to conduct business or attract investors in the future would
be irreparably damaged.
15. Denied. Counsel for Plaintiff and Defendant agreed that a
separate policy would be obtained. This policy is in place.
Plaintiff is still the beneficiary on Defendant's Keogh. It is not
- 4 -
necessary to freeze assets because the assets conaist mostly of real
estate and are more than sufficient to outweigh any assets that can be
liquidated.
16. No response required.
17. No response required. To the extent a response ia required
it was not necessary for plaintiff to file a contempt petition.
Plaintiff and Defendant were working towards an amicable overall
resolution to this case. In addition, the parties had agreed to amend
the October 16, 1997 Court Order. Plaintiff also has access to
$15,000 and has sufficient funds to pay her own counsel fees.
WHEREFORE, it is respectfully requested that this Court dismiss
Plaintiff's Petition for Contempt and award Defendant counsel fees,
costs and expenses.
SMIGEL. ANDERSON & SACKS
Date:
January 27, 1998
By:
u ~
L oy Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I.D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234 -24 01
Attorneys for Defendant
- 5 -
VERIFICATION
I, CHESTER SNAVELY, verify that the statements contained in the
foregoing pleading are true and correct to the beat of my knowledge,
information and belief. I understand that false atatements therein
are made subject to the penalties of 18 Pa.C.S. 54904, relating to
unsworn falsification to authorities.
Date:
/ /27 / '7 y
, I
~I
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-
.
Sr.nOEL. ANDERSON ok SACJ{S
.
ATTORNEYS AT l.AW
LeROV IMIQtL
C. LEIt ANDERSON
STUART a, lACKS
JOHN W, ,ROMMER
JOltPH ., O'AMIr,:O
ANN V. LEVIN
HtATHtA 0, RovER
ZDI7 NOATH "AONT STAEeT
HARRISBURG. PENNSYLVANIA 17110-1223
17171 Z34.Z401
'AM 17171124..1811
'""tHO.
4951-1-4
November 5, 1997
VIA FAX 236-2817
Bruce D. Desfor, Esquire
Meyers , Desfor
410 North Second street
Harrisburg, PA 17101
Re: Snavely
Dear Bruce:
We have had an opportunity to meet with Chet Snavely. He is
in agreement with the terms of the proposed order, a copy of
which is enclosed. I believe the order is consistent with the
terma we discussed at our meeting on October 20, 1997.
Upon the signinq of the enclosed consent to have the
proposed order adopted by the court, Hr. Snavely will forward to
your client the sum of $50,000, as advance equitable
distribution.
In regard to naminq Susan as the beneficiary on the life
insurance pOliciea, please be advised that Chet will obtain a
term life insurance policy in the amount of $800,000 naming Susan
as beneficiary. This will be an additional policy in an amount
aqual to the policy already in existence.
Hr. Snavely is anxious to begin the mediation process and
will do so with Dr. Arnold Shienvold. The issues to be addressed
at mediation will be equitable distribution, spousal support and
arrangements for Susan to vacate the home. At the beginning of
the mediation sesaions Susan will receive the sum of $25,000
towards advance equitable distribution.
At the conclualon of the mediation aessions, Susan will
again be provided with $25,000 as advanced equitable
distribution.
In anticipation of the mediation session, we are summarizing
the asset list and Chet will provide Susan with a proposal at the
mediation session.
please have Susan provide a listing of the jewelry in her
possession as well as appraisals for that jewelry. Please also
provide a list ot all of the accounts in which she has any
.
.ruce D. Desfor, Esquire
Pllge 2
November 5, 1997
interest or has had any interest in during the past five years.
For example, we are aware that she is custodian ot more than one
account which exists in California.
The 1996 tax return is available for pickUp at our office.
It is my understanding that the other returns for the past five
years are already in your possession.
We also have several appraiaals for you to pick up. Among
them is an appraisal for Ertord Plaza, Westport and North Front
street.
Please be advised that Hr. Snavely has withdrawn the sum of
$50,000 to make a tax payment to the Internal Revenue Service.
This sum was withdrawn from the Prudential Bache account on or
about November 3, 1997. This was for the estimated quarterly
payment which was due as of September 15, 1997.
Please forward the enclosed consent for the entry ot the
order at your earliest convenience.
..
We received a copy of the Petition for Exclusive Possession
today. Please be advised that we intend to file an answer
opposing the petition. By taking such action, your client is
clearly demonstrating an unwillingnesa to amicably resolve this
matter. Regardless, we still wish to pursue mediation in an
attempt to reduce the legal fees for both parties.
Thank you for your attention to this matter.
velR.,.:lY yours,
LeRoy Smigel
LRS:AVL:kld
cc: Hr. Chester C. Snavely, Jr.
~ ,.
. ~ . .
. .
PLAINTIFF
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 97 - 5586
SUSAN SNAVELY,
v.
.
.
CHESTER SNAVELY,
DEFENDANT
: CIVIL ACTION - DIVORCE
ORDER
AND NOW, thia
day of
, 1997, the
prior Order entered by this Court on October 16, 1997, ia vacated and
the followinq Order ia entered.
1. There will be no withdrawals or dissipation of .~e funds
from Herrill Lynch account no. 872-71110.
2. Defendant shall have access to the following accounts for
use in the ordinary course of business. In addition, Plaintiff's
counsel shall have the ability to examine the financial books on a
regular basis upon seven days advance notice to counsel for Defendant.
The account a are as follows:
a) Herrill Lynch account no. 872-07742;
b) Herrill Lynch account no. 872-07883;
c) Dauphin Depoait Bank account no. 10-23538-8;
d) Dauphin Deposit Bank account no. 94-39496-2;
e) Dauphin De90ait Bank account no. 10-02824-2;
f) Dauphin Deposit Bank account no. 38-34123-9;
g) Dauphin Deposit Bank account no. 10-02501-4;
h) Dauphin Deposit Bank account no. 10-39718-3; and
i) Dauphin Deposit Bank account no. 5-7006-5528-4.
3. Defendant shall have use of the following accounts for the
normal and ordinary course of dealings including marital obligations:
a) Merrill Lynch account no. 872-24029; and
b) prudential Securities account no. 044-273381-18.
4. Defendant shall maintain Plaintiff as beneficiary on life
insurance pOlicies in the amount of $800,000.
By the Court:
..
J.
- 2 -
~
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 5586
SUSAN SNAVELY,
.
.
v.
:
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
SlmlLA1'IQN
AND NOW, this
day of
, 1997, counsel
for the partiea in the above referenced action hereby stipUlate and
agree that the Order attached hereto encompasaes the intent of their
respective client and that it may be adopted as a Court Order.
SHIGBL, ANDERSON , SACKS
aY'lAR1J2!r:2(
1.0. No. 09617
Ann V. Levin, Esquire
1.0. No. 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
MEYERS , DESFOR
Attorneys for Defendant
By:
Bruce D. Desfor, Esquire
1.0. No.
catherine A. Boyle, Esquire
1.0. No. 76328
410 North Second Street
Harrisburq, PA 17101
(717) 236-9428
Attorneys for Plaintiff
SUSAN SNAVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
CIVIL ACTION
IN DIVORCE
vs.
CHESTER SNAVELY,
Defendant
2 .
I
I
I
,
I
I
1
I
!I
'I
,
AND NOW. this
ORDER
day of
1997, the prior Order entered by this Court on October 16,
1997, ia vacated and the following Order ia entered.
1. There will be no withdrawals or dissipation of the
funds from Merrill Lynch Account #872-71110, Merrill
Lynch Account #872-24029, or prudential Securities
Account #044-273381-18, The Merrill Lynch Account
#872-24029 account may be used only for payment of
expenses on the marital residence while the parties
continue to reside together at the residence. Said
expenses to include mortgage, taxes, utilities, etc.
If the parties discontinue residing together, there
will be no additional withdrawals or dissipation of the
funds from Merrill Lynch Account #872-240-029.
Defendant shall have access to the following accounta
for use only in the ordinary course of business. In
addition, Plaintiff's counsel shall have the ability to
examine the financial books on a regular basis upon
aeven days advance notice to counsel for Defendant.
MEYl!RS . DESFOR
"'0 ~~OArH SECO~lO STREET . POBOX 1062 . HARRISOURG. PA 11108
171112]69428 . fAX 11I1I1J61811
The accounts are aa follows:
a. Merrill Lynch account #872-07742;
b. Dauphin Deposit Bank account #872-07883;
c. Dauphin Deposit Bank account #10-23538-8;
d. Dauphin Deposit Bank account #94-39496-2;
e. Dauphin Deposit Bank account #10-02824-2;
f. Dauphin Deposit Bank account #38-34123-9;
g. Dauphin Deposit Bank account #10-0250l-4;
h. Dauphin Deposit Bank account #10-39718-3; and
i. Dauphin Deposit Bank account #5-7006-5528-4.
3. Defendant shall maintain Plaintiff as beneficiary on
life insurance polices in the amount of $800,000. He
shall provide proof within 10 days of the existence of
this insurance and naming her as beneficiary. Wife
shall also receive regular statements verifying that
the insurance is in full force and effect.
4. Any and all other retirement accounts, deferred
compensation, Keoughs, 401(k)'s, individual retirement
accounts are frozen pending further agreement of the
parties or Order of Court.
2
MEYERS.OESFOR
410NORTH SECOND STREET . P.O BOX 1062 . UAnR1SaURG, PA 17108
11171236.9429 . FAX 17111236.2917
.
SMIGEL. ANDEHSON & SACI{B
ATTORNEYS AT LAW
LI.AO'l' 5,",101:1.
C. LEE ANDeRSON
STUART 5_ SACKS
.JOHN W "'OMIo4ER
JOIUPH . O'AMICO
ANN Y LEVIN
HEATHER D, ROyeA
2917 NOATH FRONT STREET
HARRISBURG, PENN SYLVANIA 17110-1223
17171 t!34-Z401
'AX 11171'34.:1811
,ILE NO
4951-1-4
November 25, 1997
VIA FAX 236-2817
Bruce D. De.for, Eaquire
Meyers , Desfor
410 North Second Street
Harrisburg, PA 17101
Re: Snavely
Dear Bruce:
We have had an opportunity to review your proposed order on
the above referenced matter.
In regard to paragraph number 1, the language regardinq no
withdrawals or disaipation of funda from Merrill Lynch account
no. 872-71110 (Keogh) is acceptable.
That same language is not acceptable as it pertains to
Merrill Lynch account no. 872-24029 (Mr. Snavely'S pre-marital
account) or Prudential Securities account no. 044-273381-18.
Thesa accounts must be accessible by Mr. Snavely for use in
normal and ordinary dealings. Thia would include marital
obligations. It is not acceptable that marital expenses be paid
out of Mr. Snavely's pre-marital account and therefore
expenditures for marital obligations will be withdrawn from the
Prudential Securitiea account.
the parties are continuinq
We wanted to respond so
It is also our understanding that
to work on a potential reconciliation.
that your files would be complete.
Please call if you would like to discuss.
Very truly youra,
LeRoy Smigel
LRS:AVL:kld
cc: Mr. Chester C. Snavely, Jr.
SUSAN SNAVELY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
v.
NO.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann Levin, Esquire, hereby certify that I have served a true
and correct copy of Defendant's Answer to the Petition for Contempt
upon counsel for Plaintiff as addressed below by depositing the same
in the U.S. Mail, first class, postage prepaid, on the 27th day of
January, 1998.
Catherine A. Boyle, Esquire
Meyers & Desfor
410 N. Second Street
P.O. Box 1062
Harriaburg, PA 17108
SMIGEL, ANDERSON & SACKS
By: / _ u /:'
Le~Smigel, Esquire
I.D. #09617
Ann V. Levin, Esquire
I. D. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
)
J
Attorneys for Defendant
.. "" . I
SUSAN J. SNA VEL Y,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97-5586
CHESTER C. SNA VEL Y,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as attomey for Susan 1. Snavely. Plaintiff, in the above-captioned
action.
Respectfully submitted,
Kat eeo Carey Daley.
Attorney No. 30078
DALEY LAW OFFICES
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Plaintiff
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COMMONWEALTH OF PENNSYL VANIA
SS,
COUNTY OF DAUPHIN
AFFIDA Vn'
On the .~-V- day of ~" 1
. 1999, before me, a Notary Public,
personally appeared Susan J. Snavely, known to me to be the person whose name is subscribed to the
within document and acknowledged that she executed the foregoing for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
41'L\c~()ib?-
.
NOTARIAL SEAL
PATRICIA A. PATTON, NolOly Pulllk:
Lowor Paxton Twp., Doup/lln County
M Commission Ex ira. Jun, ~, 2002
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DALEY LAW OFFICES
1029 SCENERY DRIVE
HARRIS8URG. PENNSYLVANIA 17109
(717) 657-4795
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ATTOIINEYS AT LAW
a.'7 Ne"'H f"NaN'! ST"laT
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tqjl 1 4/~CRO/^VI./klj/AprI1 1~. 1~99
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
SUSAN SNAVELY,
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
AND NOW, this
day of
, 1999. it
appears to the Court as follows:
1, The parties hereto were husband and wife and a divorce
decree has been entered by this Court to the above referenced docket
number.
2. Chester C. Snavely, Jr. (Social Security No. 167-40-4246),
hereinafter referred to as "Participant", current and last known
mailing address is P.O. Box 0888, Camp Hill, Pennsylvania 17001-0888.
3. Susan J. Snavely (Social Security No. 174-44-4340),
hereinafter referred to as "Alternate Payee", current and last known
mailing address is 11 West Lawn Circle, Wormleysburg, Pennsylvania
17043.
4. This Order shall apply to Merrill Lynch IRA Account Nos.
872-71773 and 872-71110.
,
<,
5. To accommodate the Marriage Settlement Agreement entered
into between the parties, it is ordered, adjudicated and decreed as
follows:
A. It is the intent of thia Court that the provisions of
this Order operate as an effective assignment for Alternate
F'.:-D-C:.F.iCE
r; :' - ""'-;r)TA'lY
99 "W,' ~5 Pi': 'I: 07
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PE\'N0\{L';:V~~A
,
Payee's interest in :ha above-referenced Merrill Lynch accounts,
872-71773 and 872-71110, as set forth below under both federal
and state laws, for all purposes.
B. Subject to the finalization of the divorce and the
execution of the documents required by Merrill Lynch, the sum of
$500,000 shall be transferred to Alternate Payee as follows:
(1) Up to $500, OUO frOla account: no. 872 -7177:> plus
interest from April 6, 1999.
(2) If there is not a sufficient amount in the account
no. 872-71773 to transfer the sum of $500,000, the balance
due shall be transferred from account no. 872-71110 so that
the total amount transferred shall equal the sum of
$500,000.
(3) The transfer shall be effective April 6, 1999 and
all interest generated from that date on the funds to be
transferred shall also be transferred to Alternate Payee.
c. The payment from Participant's account shall be
transferred to Alternate Payee's Prudential Securities account
044R55832.
D.
The distribution is to be paid as soon as
administratively possible following the date this Order is
approved as a Qualified Domestic Relations Order.
E. Nothing contained in this Domestic Relations Order
shall be construed to require the Plan or the plan Administratorl
(1) To provide to Alternate Payee any type or
form of benefit, or any option, not otherwise available
under the Plan, or
- 2 -
(2) To pay any benefits to Alternate Payee which
are required to be paid to another alternate payee
under another domestic relations order previously
determined by the Plan Administrator to be a QDRO, or
(3) To require the Plan to provide increased
benefits.
F. This Qualified Domestic Relations Order has been
drafted in accordance with the marital property distribution
ag~eed to by the pdrcies. The transfer of funds pursuant to this
Qualified Domestic Relations Order is not intended by the parties
to constitute in any way a sale or exchange of assets, and the
division is being effected without the introduction of outside
funds or other property not constituting a part of the marital
estate. It is recognized that the parties intend this transfer
to be non-taxable.
G. The parties are directed to timely submit all
documents, including releases, that are required to fina~ize this
Order.
H. This Court reserves jurisdiction to issue further
orders as needed to execute this Order.
I. A certified copy of this Domestic Relations Order shall
be served upon Merrill Lynch.
J.
- 3 -
SUSAN SNAVELY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5586
PLAINTIFF
v.
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
STIPULATION
AND NOW, this .;< (, 11,- day of
Ann I
.
, 1999, counsel
for the parties in the above-referenced action hereby stipulate and
agree that the Order attached hereto encompasses the intent of their
respective client and that it may be adopted as a Court Order.
By:
re
DALE LAW OFFICES
tvtlfll~( (l
K thleen C. Dal
I. D. No. b 7
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
SMIGEL.
By:
Attorney for Defendant
Attorney for Plaintiff
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SUSAN SNAVELY,
now known a.
SUSAN J. FIEI,D,
Y.
CIIESTER SNAVEl.Y,
Defendant
I CIVil. ACTION -l.AW
I IN mVORCE
ORDER
AND NOW, this _--L1}~ day of __~, l J c')
. 1999, upon
consideration of the attached Petition 10 Enforce Marital Settlement Agreement, IT IS HEREBY
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ORDERED AND DECREED lhal a cooIlIJ.....'W""'If&!Jl concerning the Petition shall be held on the
Jra day of ~1.H~ , 1999, at /: .3 i) o'clock
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1.M in Courtroom No __._l~...__ of tho Cumberland County Courthouse, High and
Hanover StrOllIl, Carlisle, Pennsylvania.
BY THE COURT,
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SUSAN SNAVEI.V.
now known ..
SUSAN J, "'lEU),
:IN THE COURT 01<' COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSVLVANIA
PI.lntll1'
v.
: NO. 97-5586 CIVIL TERM
CIIt:STER SNA VEl.V.
Ddfnd.nt
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COIJRT
AND NOW, Ihls
day of
. 1999, upon
conalderallonoflhe allached I)etition. IT IS HEREBY ORDERED AND DECREED that Defendanl
ahall perform the followlnll actions within len (10) days of the dote of this Order of Court:
^ Execute and deliver to Plaintiff the deed to the marital residence. located at
II We at Lawn Circle, Wormleysburll, Pennsylvania;
II. Exccute and deliver to Plaintiff the motor vehicle titles to the 1987 Mercedes
SLStlll automobile Rnd the 1996 Jeep Cherokee Std;
C. Pay to Plaintiff the sum of Eighty Seven Thousand ($87,000.00) Dollars, plus
interest atlhe rate of six percent (6%) per annum, since September 30,1999, in satisfaction of her
t1rsl alimony payment; and
D. Reimburse all attorney fees and costs to Plaintiff which she incurred in
enforcing the provisions of the Marital Settlement Agreement
BY THE COURT,
,J.
Husband shall maintain his current John Hancock Mutual Life Insurance
Company policy naming Wife as irrevocable beneficiary of an amount sufficient to
secure the above referenced alimony payments. Husband shall have the right to
reduce the coverage so long as the amount of insurance on his life will be at least
equal to the remaining balance of payments under this agreement.
II. On or about September 29, 1999, Defendant forwarded a check in the amount of
Seventy Eight Thousand Six Hundred Eight Dollars and Seventy Eight Cents ($78,608.78) to Plaintiff
in full satisfaction of the alimony payment due September 30, 1999, under Paragraph Twelve (12) of
the parties' Marital Settlement Agreement. A copy of the check and the letter of explanation from
counsel for Defendant is attached hereto and incorporated herein as Exhibit "C."
12. This payment fails to satisfY the Eighty Seven Thousand ($87,000.00) Dollar alimony
payment due September 30, 1999, as required under the provisions of Paragraph Twelve (12).
13. Pursuant to Paragraph 2 (A) of the Marital Settlement Agreement, Wife was to receive
the following property:
A. The property located at II West Lawn Circle, Wormleysburg,
Pennsylvania;
B. 1987 Mercedes SL560;
C. 1996 Jeep Cherokee Std.
14. The Defendant was required under the terms of the agreement to execute the deeds
and titles for the real property and the vehicles in Paragraph Four (4) of the Marital Settlement
Agreement which provides:
4. Additional Documentation. The parties agree to execute any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property.
15. Despite the repeated requests oflhe Plaintiff, the Defendant has not provided her with
the deed to the marital residence or the titles to the vehicles.
16. The Defendant has also misappropriated funds belonging to the Plaintiff and ha.~
sought to justifY his action by relying upon a misinterpretation of the Marital Settlement Agreement.
17. The Plaintiff maintained a checking account at Dauphin Deposit Bank during the
marriage and after the parties' date of separation. This account was registered under account number
00900-8735-6.
18. During the period of marital separation, the Plaintiff used this account as her operating
account from which she paid her expenses. The parties, through counsel, prepared an agreement for
the payment of spousal support, which included a provision that any monies paid for Plaintiff's
benefit, in the fonn of spousal support, would be deposited into the above mentioned account.
19. Throughout the separation of the parties the Defendant never wrote any checks or
disposed of any funds from this checking account.
20. After the signing of the Marital Settlement Agreement, on April 6, 1999, Defendant
withdrew the sum of Five Thousand Four Hundred Ninety Four ($5,494.00) Dollars ITom this
account, on or about May 27, 1999, and made a claim that the Plaintiff owed him additional monies
based upon the balance on deposit as of the date the Marital Settlement Agreement was signed.
21. The Plaintiff alleges that the Defendant made this claim in bad faith and in violation
of the express and implied tenns of the Marital Settlement Agreement.
22. Under the provisions of Paragraph 2 (D) of the Marital Seltlement Agreement,
Defendant became the owner of all property, real, personal, mixed tangible or intangible property (not
distributed to Plaintiff), which was in Defendant's possession and control.
23. This checking account in dispute was not in Defendant's possession or control. The
joint title oflhis account was maintained as a convenience to the parties and vested no ownership
rights to the Defendant of these funds. Even if this Honorable Court should find Defendant to be the
legal owner of the subject account, this Honorable Court should find Plaintiff to be the equitable
owner of the funds on deposit as of April 6, 1999.
24. The funds withdrawn by Defendant from this account were the sole and separate
property of Plaintiff, said funds having been deposited from the date of separation through the date
of the signing of the Marital Settlement Agreement. These were funds to which Defendant had no
rightful claim.
25. Under the provisions of Paragraph Twenty One (21) of the Marital Settlement
Agreement, Defendant is liable for all filing fees. costs, expenses, and attorney fees paid to Daley Law
Offices for enforcement of the provisions of the Marital Settlement Agreement.
26. Pursuant to Sections 3105(a), 3502(d), and 3502(e) of the Divorce Code, Defendant
should be found in contempt of Court for failure to abide by the provisions of the Marital Settlement
Agreement entered into by the parties on April 6, 1999.
27. Plaintiff seeks interest at the rate of six percent (6%) per year, pursuant to the
authority found at 3502(d)(J) of the Divorce Code, until such time as the unpaid balance is satisfied
in full.
28. Plaintiff also seeks reimbursement of all attorney fees and costs from Defendant, which
PlaintitTincurred in enforcing the provisions of the Marital Settlement Agreement. Proof of this claim
shall be provided to Defendant at hearing.
WHEREFORE, PlaintifflPetitioner Susan Snavely, now known as Susan 1. Field,
respectfully requests this Honorable Court to find DefendantlRespondent Chester Snavely in
contempt of Court for failure to abide by the provisions set forth in the Marital Settlement
Agreement, dated April 6. 1999, and to direct Defendant to perfonn the following actions within ten
(10) days of the date of the Order of Court:
A. Execute and deliver to Plaintiff the deed to the marital residence, located at
11 West Lawn Circle. Wonnleysburl!. Pennsylvania;
B. Execute and deliver to Plaintiff the motor vehicle titles to the 1987 Mercedes
SL560 automobile and the 1996 Jeep Cherokee Std.;
C. Pay to Plaintiff the sum of Eighty Seven Thousand ($87,000.00) Dollars. plus
interest at six percent (6%) per annum, since September 30, 1999. in satisfaction of her first alimony
payment; and
D. Reimburse all attorney fees and costs to Plaintiff which she incurred in
enforcing the provisions of the Marital Settlement Agreement.
Respectfully submitted.
DALEY LAW OFFICES
Kathleen Carey Daley. Esqu e
Supreme Court 1.0. No. 30078
1029 Scenery Drive
Harrisburg. P A 17109
(717) 657-4795
Attorney for Plaintift7 Petitioner
VERIFICATION
I verifY that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
Date: JO-\ \-qg
By:
Susan Snavely, no
Susan J. Field
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SUSAN SNAVELY,
97 - 5586
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PLAINTIFF
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CHESTER SNAVELY,
DEFENDANT
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SUSAN SNAVELY
CHESTER SNAVELY
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It is further ordered and decreed that the Marriage Settlement Agreement
executed by and between the parties datsd April 6, 1999, is incorporated
by reference into this Decree for the purposes of enforcement, but shall
not be deemed to have been merged with this Decree.
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CERTIFIED ropy ISSUED APRIL 19. 1999
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MARRIAGE SEITLEMENT AGREEMENT
by and between
Susan J. Snavely
and
Chester C. Snavely, Jr.
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MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this ~~~ day of ~ ' 1999,
by and between SUSAN J. SNAVELY ("Wife") - AND - CHESTER C. SNAVELY.
JR. ("Husband"), at Harrisburg, Pennsylvania.
WHEREAS. the parties hereto are husband and wife having been
married on July 2, 1987, at Wormleysburg, Pennsylvania.
WHEREAS. no children were born of this marriage.
WHEREAS, diverse unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Wife and
Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their
respective financial and property rights and obligations as between
each other including, without limitation by specification: settling
of all matters between them relating to the ownership and equitable
distribution of real and personal property; settling of all matters
between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or of Husband by Wife; and in
general, the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW. THEREFORE. in consideration of the foregoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
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1. Divorce and Secaration. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce ~ode of
1980. Husband and Wife shall at all times hereafter have the right to
live separate and apart from each other and to reside from time to
time at such place or places as they shall respectively deem fit, free
from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other
to cohabit or dwell with him or her by any legal or other proceedings.
The foregoing provision shall not be taken to be an admission on the
part of either Husband or Wife of the lawfulness or unlawfulness of
the causes leading to their living apart.
The parties acknowledge that a divorce action has been filed in
the Court of Common Pleas of Cumberland County, Pennsylvania at docket
number 997-5586. The parties agree that they will execute Affidavits
of Consent in the aforementioned matter.
2. Division of Procertv. Husband and Wife agree that the
following constitutes an equitable distribution of the marital
property.
A. wife's Procertv. The following property shall become
the sole and exclusive property of Wife:
(i) The property located at 11 West Lawn Circle,
Wormleysburg, Pennsylvania;
(ii) 1987 Mercedes SL560;
(iii) 1996 Jeep Cherokee Std;
(iv) The sum of $500,000 shall be transferred to wife
from Husband's Keogh Plan to wife's Individual Retirement
Account number 044 R 31216-18 by means of a Qualified
Domeatic Relations Order or other appropriate procedure.
The transfer of these funds will be effective as of the date
- 2 -
this agreement is signed. Interest accruing on the funds to
be transferred shall belong to Wife effective as of the date
this agreement is signed. All necessary documents will be
drafted by counsel for Husband.
(v) $500,000 in cash payable upon entry of a decree in
divorce; and
(vi) All personalty and jewelry in Wife's possession.
B. Husband shall assume responsibility for payment of the
mortgage on the residence located at 11 West Lawn Circle.
Wormleysburg. Pennsylvania, which is being transferred to Wife.
If Wife provides Husband with notice that the property is being
listed for sale, Husband shall be responsible to pay the
remaining mortgage balance at the time of settlement.
C. The parties agree that the household goods consist of those
listed on the attached Exhibit A. The parties further agree that
the value of the items is as set forth on Exhibit A. The parties
have agreed to divide the household goods to their mutual
satisfaction.
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D. Husband'S ProDertv. All other items of property, be they
real, personal or mixed. tangible or intangible, which are in
Husband's possession or control shall become the sole and
exclusive property of Husband.
3. Taxes. The parties shall file joint federal and state tax
returns for the year 1998. If joint returns are filed, Husband shall
be responsible for all federal and state tax liability.
Both parties agree that in the event any deficiency in federal,
state or local income tax is proposed for the tax years 1997 or 1998,
or any assessment of any such tax is made against either of them for
- 3 -
the tax years 1997 or 1998. each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns filed for the tax years 1997 or
1998.
4. Additional Documentation. The parties agree to execute any
deeds, assignments, titles or other instruments necessary and
appropriate to accomplish the aforesaid division of property.
5. Transfers Sub1ect to Exiatina Liens. Except as specifically
set forth to the contrary herein all property transferred hereunder is
subject to the existing lien or liens set forth above. The respective
transferee of such property agrees to indemnify and save harmless the
other party from any claim or liability that such other party may
suffer or may be required to pay on account of such lien or
encumbrance.
6. Eauitable Division. By this Agreement the partiea have
intended to effect an equitable division of their jointly owned
property. The parties have determined that an equitable division of
such property conforms to a just and right standard, with due regard
to the rights of each party. The division of existing marital
property is not intended by the parties to constitute in any way a
sale or exchange of assets, and the division is being effected without
- 4 -
the introduction of outside funds or other property not constituting a
part of the marital estate. It is the intention of the partiea to
treat all tranafers herein as non-taxable.
7. Relinauishment of Riqhts. Except as expressly provided
herein, Husband forever relinquishes any right, title or interest he
may now or hereafter have in any tangible or intangible assets now
belonging to Wife, and Wife forever relinquishes any right. title or
interest she may now or hereafter have in any tangible or intangible
assets now belonging to Husband.
8. After-Acauired Prooertv. Each of the parties shall
hereafter own and enjoy independently of any claim or right of the
other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her,
with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes as though he or she
were unmarried.
9. Debts. Husband and Wife shall each be solely responsible
for all debts in their respective names, including but not limited to
personal loans, charge accounts and credit cards. Both parties
represent and warrant to the other that as of the date of this
Agreement they have not incurred, and in the future will not contract
or incur, any debt or liability for which the other or the estate of
the other might be responsible.
10. Liabilities. All debts, contracts, obligations or
liabilities incurred at any time in the past or future by either party
will be paid promptly by said party, unless and except as otherwise
- 5 -
specifically set forth in this Agreement; and each of the parties
hereto further promises, covenants and agrees that each will now and
at all times hereafter save harmless and keep the other or his or her
estate indp.mnified and save harmless from all debts or liabilities
incurred by him or her, as the case may be, and from all actions,
claims and demands whatsoever with respect thereto, and from all
costs, legal or otherwise, and counsel fees whatsoever pertaining to
such actions, claims and demands. Neither party shall, as of the date
of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall
indemnify and save harmless the other from any and all claims or
demands made against him or her by reason of debts or obligations
incurred by him or her and from all expenses, legal costs, and counsel
fees unless provided to the contrary herein.
11. Counsel Fees. Costs and Expenses. Each party shall be
responsible for his or her own legal fees, costs and expenses incurred
in connection with their separation and/or the dissolution of their
marriage.
12. Alimonv. Husband shall pay to Wife the sum of $87,000 by
September 30, 1999. $87,000 by March 31, 2000, $85,000 by September
30, 2000, $85,000 by March 31, 2000, $78,000 by September 30, 2001 and
$78,000 by March 31, 2002. These payments shall be for Wife's separate
support and maintenance until Husband's death or Wife's death.
Husband shall maintain his current John Hancock Mu~ual Life
Insurance Company policy naming Wife as irrevocable beneficiary of an
- 6 -
amount sufficient to secure the above referenced alimony payments.
Husband shall have the right to reduce the coverage so long as the
amount of insurance on hia life will be at least equal to the
remaining balance of payments under this agreement.
13. Tax Ramifications of Alimonv. The parties agree that the
entire amount being paid to wife pursuant to this paragraph is a
separate maintenance periodic payment, included and intended to be
included with the income of Wife within the meaning and intent of
Section 71 of the United States Internal Revenue Code of 1954 and
deductible from the Husband's gross income pursuant to the provisions
of Section 215 of the United States Internal Revenue Code of 1954.
Wife agrees that all said payments shall be included as income to the
Wife in her applicable tax returns and that she shall pay such taxes
as may be required by reason of such inclusion.
l4. Non-Modification of Alimonv. The parties agree that the
alimony provision takes into account the parties' overall economic
circumstances including the equitable distribution of property herein
and so shall not be subject to modification by any court.
15. Full Disclosure. The respective parties do hereby warrant,
represent and declare and do acknowledge and agree that each is and
has been fully and completely informed of and is familiar with and
cognizant of the wealth, real and/or personal property, estate and
assets, earnings and income of the other and that each has made a full
- 7 -
and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this
Agreement is specifically waived.
16. Election to Retake Former Name. Wife shall file an
election to retake her former name upon entry of the final decree of
divorce. As part of the consideration for and as an express condition
of this agreement, Wife hereby agrees that she shall not, in any
manner whatsoever use the name of Snavely.
17. Releases. Each party does hereby remise, release, quitclaim
and forever discharge the other and the estate of the other from any
and every claim that each other may now have, or hereafter have or can
have at any time, against the other, or in and to or against the
other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower
or claim in the nature of dower, widow's rights, or under the
intestate laws, or the right to take against each other's will,' or for
support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
18. Indemnification. Each party representa and warrants to the
other that he or she has not incurred any debt, obligation, or other
liability, other than described in this Agreement. on which the other
party is or may be liable. Each party covenants and agreea that if
any claim, action or proceeding is hereinafter initiated seeking to
hold the other party liable for any other debts, obligations.
- B -
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 as resulting
therefrom. Damages as used herein shall include any claim, action,
demand, loss, cost, expense. penalty, and other damage, including
without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in
opposing the imposition thereof or enforcing this indemnity, resulting
to Husband or Wife from any inaccurQte representation made by or on
behalf of either Husband or Wife to the other in this Agreement, any
breach of any of the warranties made by Husband or Wife in this
Agreement, or breach or default in performance by Husband or Wife of
any of the obligations to be performed by such party hereunder. The
Husband or Wife agrees to give the other prompt written notice of any
litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms
of this Agreement.
19. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth
herein.
20. Fair and Eauitable Contents. The provisions of this
Agreement and their legal effect have been fully explained to the
parties by their respective counsel. Each party acknowledges that he
- 9 -
or she has received independent legal advice from counsel of his or
her selection and that each fully understands the facts and has been
fully informed as to his or her legal rights and obligationa. Each
party acknowledgea and accepts that this Agre'~ment is, under the
circumstances, fair and equitable, and that it is being entered into
freely and voluntarily after having received such advice and with such
knowledge, and that execution of this agreement is not the result of
any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
21. Breach. It is expressly stipulated that if either party
fails in the due performance of any of his or her material obligations
under this Agreement, the other party shall have the right, at his or
her election, to sue for damages for breach thereof, to sue for
specific perfo~mance, or to seek any other legal remedies as may be
available, and the defaulting party shall pay the reasonable legal
fees for any services rendered by the non-defaulting party's attorney
in any action or proceeding to compel performance hereunder.
22. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out
the provisions of this Agreement.
23. Modification. No modification, rescission or amendment to
this Agreement shall be effective unless in writing signed by each of
the parties hereto.
24. Severabilitv. If any provision of this Agreement is held by
a Court of competent jurisdiction tQ be void, invalid or
unenforceable, the remaining proviaions hereof shall nevertheless
- 10 -
survive and continue in full force and effect without being impaired
or invalidated in any way.
~5. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
~6. Aareement Not to be Meraed. This Agreement may be filed
with the Court for incorporation into the Decree of Divorce for
purposes of enforcement only, but otherwise shall not be merged into
said Decree. The parties shall have the right to enforce this
Agreement under the Divorce Code of 1980, as amended, and in addition,
shall retain any remedies in law or in equity under this Agreement as
an independent contract. Such remedies in law or equity are
specifically not waived or released.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
- 11 -
lNVEmOp.YOF PUSONALTY
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COUNTY
Personally ap ared before me, a Notary Public in and for the
aforesaid CommonwealtH nd County, Susan J. Snavely, who being duly
sworn according to law dep and says that she is a party of the
foregoing Agreement and she ex ted same for the purposes therein
contained.
Witness my hand and seal this
. 1999.
day of
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVAN:IA I
I ss.
COUNTY OF DAUPHIN I
Personally appeared before me, a Notary Public in and for the
aforesaid Commonwealth and County, Chester C. Snavely, Jr.. who being
duly sworn according to law deposes and says that he is a party of the
foregoing Agreement and he executed same for the purposes therein
contained.
~~~s~ my hand and seal this
~ '-'-"- , 1999.
( 't-h
~
day of
\) (.
\f,.~ - ch ~*
Notary PUbf:) (~
My Commission Expires:
Notarial So"
V1dcy L. F1lZ, Nolory Public
Harrllburg, Oouphln County
My CommlIII<>n EJrpl,ol Doc. 5, 2002
Mamoer, Ptnnsyl\llnll Assoc1Ibon 01 NoIlI1OI
- 12 -
8..
STATE or PENNSYLVANIA
COUNTY OF DAUPHIN
ON THIS, the 31st day of March, 1999. ,before me, the undersigned
officer, personally appeared KATHLEEN CAREY DALEY, ESQUIRE, known to
me (or satisfactorily proven) to be a member of the bar of the highest
court of said state and a subscribing witness to the within instrument
and certified that she was personally present when SUSAN J. SNAVELY.
whose name is subscribed to the within Marriage Settlement Agreement
executed the same, and that said person acknowledges that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My
Notsrlal Soal
Vicky L. Flu... Notary Public
HantabUtg, uouphln Counly
My ComnQalon Explro. Ole. 5. 2002
MIll\IlII, PlMI)'IVII\lI AlIOdIIJOnOlNcW1ll
- 13 -
.
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SMIGEL, ANDERSON & SACKS
ATTORNEYS AT I.AW
LeROY IMIOeL
C, Lit ANDER'ON
STUART I. IACtel
.JOHN W '''OMMER
JOItPH .. D'AMICO
ANN y, LEVIN
HEATHtR D. ROYER
CRIC lot. MORRIION
aGI7 NORTH ""ONT STREET
HARRISBURQ. PENNSYLVANIA 17110-12150
17171 234.2401
'AX 17171 .34.3.11
,IUND
4951.1-4
September 29, 1999
CERTIFIED MAIL
Ms. Susan J. Field
II West Lawn Circle
Pennsboro Manor
Wonnleysburg, PA 17043
Dear Ms. Field:
Pursuant to Section 12 of the Marriage Settlement Agreement dated April 6, 1999
between you and Chester C. Snavely, Jr" you are required to be paid the sum of$87,000 by
September 30. 1999.
Since you have not responded to our requests to reimburse Mr. Snavely for the balance in
his checking account (as of April 6, 1999) in the amount of$13,391.22, we are withholding the
difference between that amount and the $5,000 that he withdrew. This would be $8, 391.22.
Therefore, your alimony payment is set-off by that amount.
Enclosed please find Mr. Snavely's check payable to you, in full satisfaction of the
alimony payment due September 30, 1999, in the adjusted amount of$78,608.78, Please note
that acceptance of this amount constitutes a full and final release of all claims In connection
with the payment due September 30, 1999.
Sincerely, 0
vi., ~~~ ()
.~ ......... I .., g '"
LeRoy Smigel
LRS:vlf
Enclosure
ee: Mr. Chester C. Snavely, Jr.
CERTIFICATE OF SERVICE
I, Kathleen Ca:ey Daley, Esquire, hereby certifY that on the date indicated below I served a
true and correct copy of the foregoing Petition 10 Enforce Marrital Settlement Agreement, on all
interested parties, by depositing same from Harrisburg, Pennsylvania, first class mail, postage prepaid,
addressed as follows:
LeRoy Smigel, Esquire
SMIGEL, ANDERSON & SACKS
2917 North Front Street
Harrisburg, P A 17110-1260
DALEY LAW OFFICES
Date:Jo/n fqq
By:
a leen Carey Da ey. Esq.
Attorney No. 30078
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Plaintiff
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4951.1-1
SUSAN SNA VEL Y, now known as
SUSAN J. FIELD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V,
NO, 97 - 5586
CIVIL ACTION - DIVORCE
CHESTER SNAVELY,
DEFENDANT
ORDER
AND NOW, this
day of
, 1999, it is hereby
ordered and decreed that Plaintiff's Petition to Enforce Marital Settlement Agreement is
dismissed.
It is further ordered that Defendant's Counterclaim is granted. Plaintiffshall reimburse
Defendant $8,391.22 within 10 days of the date of this Order. Plaintiffshall also reimburse
Defendant for the attorneys' fees and costs incurred in enforcing the tenns of the Marriage
Settlement Agreement.
BY THE COURT:
J.
lAVI '\lIl/An,"cr In 1'l:lIlIUl\l(klnhl:r 14. II,.,.} I :!lSI'M
SUSAN SNA VEL Y, now known as
SUSAN J, FIELD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
NO. 97 - 5586
CUES fER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ANSWER AND COUNTERCLAIM TO PETITION TO ENFORCE
MARITAL SETTLEMENT AGREEMENT UNDER TilE PROVISIONS
OF 3105(Q). 3502ldl AND 3502le) OF THE DIVORCE CODE
AND NOW, comes Defendant, Chesler Snavely, by and through his counsel, Smigel,
Anderson & Sacks, and avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted, By way of further answer, the Marital Settlement Agreement was
incorporated into the divorce decree for purposes of enforcement only.
9. Denied,
10. Admitted.
11. Admitted.
12. Denied.
13. Admitted.
4'151.1-1
14. Admitted,
15. Admitted in part and denied in part, It is admitted that Plaintiff docs not have the
deed to the marital residence or the titles to the vehicles. It is denied that Plaintiff has made
repeated requests, By way of further answer, Defendant contacted Plaintiff through AM on
approximately five occasions to make arrangements to transfer the vehicle titles. Plaintiffwould
not cooperate in transferring the titles to her name. It was within Plaintifrs control to have had
the titles transferred simply by cooperating with AAA.
16, Denied,
17, Denied.
18. Denied.
19. Denied.
20. Admitted,
21. Denied.
22. Admitted, By way of further answer, paragraph :tD of the Marriage Settlement
Agreement reads as follows:
D. Husband's Prooertv, All other items of property, be they real, personal
or mixed, tangible or intangible, which are in Husband's possession or
control shall become the sole and exclusive property of Husband.
23. Denied.
24. Denied,
25. Denied.
26, Denied,
27. Denied.
28. Denied.
4')'1.1....
COUNTERCLAIM
COUNTERCLAIM TO ENFORCE MARITAL SETILEMENT AGREEMENT
29. Defendant/PlaintilT in Counterclaim repeats and realleges the avennents of
paragraphs 1-28 which are incorporated by reference herein.
30. Defendant/Plaintiff in Counterclaim is Chester Snavely whose current mailing
address is P.O. Box 0888, Camp Hill, Pennsylvania 17001.
31. PlaintilTlDefendant in Counterclaim is Susan Snavely, now known as Susan Field,
whose current address is II West Lawn Circle, Wonnleysburg, Pennsylvania 17043.
32. The parties entered into a Marriage Selllement Agreement on April 6, 1999. A
copy of the agreement is allached hereto as Exhibit "A."
33. The agreement distributes property between the parties and provides in part:
"All other items of property, be they real, personal or mixed,
tangible or intangible, which are in Husband's possession or
control shall become the sole and exclusive property of Husband."
April 6, 1999 Marriage Selllement Agreement, p. 3, paragraph 2.0.
34. At the time that the Marriage Selllement Agreement was signed, a checking
account existed at Dauphin Deposit Bank. This checking account was in DefendantIPlaintilT in
Counterclaim's name only and the account number is 00900-8735-6. As of the date of the
agreement, there was a balance of $13,391.22 in the aforementioned checking account.
35. Following the signing of the agreement on April 6, 1999, PlaintilTlDefendant in
Counterclaim accessed the above-referenced checking account and withdrew funds totaling
$8,391.22.
.a1)~1.1-l
36. Counsel for PlaintilT/Defendant in Counterclaim was notified in corrcspondence
dated May 27, 1999 that the funds withdrawn by PlaintilTlDefendant in Counterclaim would
have to be returned to DefendantlPlaintilTin Counterclaim. Please see aUached Exhibit "8,"
37. As of the date ofthe filing of this Answer and Counterclaim, DefendantlPlaintiff
in Counterclaim has not received the funds to which he is entitled.
38, DefendantlPlainlilTin Counterclaim seeks reimbursement of the funds
PlaintilTlDefendant in Counterclaim misappropriated. DefendantlPlaintiffin Counterclaim also
seeks interest from April 6, 1999.
38. "A party to an agreement regarding matters within the jurisdiction ofthe court
under this part, whether or not the agreement has been merged or incorporated into the decree,
may utilize a remedy or sanction set forth in this part to enforce the agreement to the same extent
as though the agreement had been an order of the court except as provided to the contrary in the
agreement." 23 Pa.C,S.A. 9 3105(a).
39. If, at any time, a party fails to comply with the terms of an agreement entered into
between the parties, the court may, after a hearing, find the party in contempt, award counsel fees
and costs, enter a judgment as well as other relief available under the Divorce Code and
specifically under 23 Pa.C.S.A. 935G2(e).
40. The Marriage Settlement Agreement also provides for the payment of legal fees
by the defaulting party in the event of breach. See paragraph 21 of the April 6, 1999 Marriage
Settlement Agreement attached hereto as Exhibit "A."
41. DefendantlPlaintilT in Counterclaim has incurred legal fees in the preparation and
determination of this Petition for Enforcement. DefendantlPlaintiff in Counterclaim seeks
reimbursement from Plaintiff/Defendant in Counterclaim.
4911.1-1
WHEREFORE, it is respectfully requested that this Court enter an Order directing
Plaintiff/Defendant in Counterclaim to comply with the tenns of the Agreement entered into
between the parties. It is also requested that the Court direct Plaintiff/Defendant in Counterclaim
to pay DefendantJPlaintiffin Counterclaim's counsel fees incurred in the preparation and
detennination of this Answer and Counterclaim for enforcement.
Respectfully submitted,
SMIGEL, ANDERSON & SACKS
Date: October 14, 1999
By:
~~I/D
LeR y Smigel, Esquire
1.0, #: 09617
Ann V. Levin, Esquire
1.0. #: 70259
2917 North Front Street
Han'isburg, PA 17110
(717) 234-2401
Attorneys for DefendantJPlaintiffin
Counterclaim
.
MARRIAGE SETILEMENT AGREEMENT
by and between
Susan J. Snavely
and
Chester C. Snavely, Jr.
tQS1.l.4/MSA/AVL/kld 01/11/99' ~9pm
MARRIAGE SETTLEMENT AGREEMENT
AGRBEMENT MADB this b-U.
by and between SUSAN J. SNAVELY
day of ~.~P , .1999,
("Wife") - AND - CHESTER C. SNAVELY,
JR. ("Husband"), at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been
married on July 2, 1987, at Wormleysburg, Pennsylvania.
WHBREAS, no children were born of this marriage.
WHEREAS, diverse unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Wife and
Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their
respective financial and property rights and obligations as between
each other including, without limitation by specification: settling
of all matters between them relating to the ownership and equitable
distribution of real and personal property; settling of all matters
between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or of Husband by Wife; and in
general, the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW, THBREFORE, in consideration of the foregoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth
and for other sood and valuable consideration, receipt of which is
hereby acknowledged by each of the parties, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. Divorce and SeDaration. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of
1980. Husband and Wife shall at all times hereafter have the right to
live separate and apart from each other and to reside from time to
time at such place or places as they shall respectively deem fit, free
from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other
to cohabit or dwell with him or her by any legal or other proceedings.
The foregoing provision shall not be taken to be an admission on the
part of either Husband or Wife of the lawfulness or unlawfulness of
the causes leading to their living apart.
The parties acknowledge that a divorce action has been filed in
the Court of Common pleas of Cumberland County, Pennsylvania at docket
number 997-5586. The parties agree that they will execute Affidavits
of Consent in the aforementioned matter.
2. Division of ProDertv. Husband and Wife agree that the
following constitutes an equitable distribution of the marital
property.
A. Wife's PrODertv. The following property shall become
the sole and exclusive property of Wife:
(i) The property located at 11 West Lawn Circle,
Wormleysburg, Pennsylvania;
(ii) 1987 Mercedes SL560;
(iii) 1996 Jeep Cherokee Std;
(iv) The sum of $500,000 shall be transferred to Wife
from Husband's Keogh plan to Wife's Individual Retirement
Account number 044 R 31216-18 by means of a Qualified
Domestic Relations Order or other appropriate procedure.
The transfer of these funds will be effective as of the date
- 2 -
this agreement is signed. Interest accruing on the t.unds to
be transferred shall belong to Wife effective as of the date
this agreement is signed. All necessary documents will be
drafted by counsel for Husband.
(v) $500,000 in cash payable upon entry of a decree in
divorce; and
(vi) All personalty and jewelry in Wife'~ possession.
B. Husband shall assume responsibility for payment of the
mortgage on the residence located at 11 West Lawn Circle,
Wormleysburg, Pennsylvania, which is being transferred to Wife.
If Wife provides Husband with notice that the property is being
listed for sale, Husband shall be responsible to pay the
remaining mortgage balance at the time of settlement.
C. The parties agree that the household goods consist of those
listed on the attached Exhibit A. The parties further agree that
the value of the items is as set forth on Exhibit A. The parties
have agreed to divide the household goods to their mutual
satisfaction.
D. Husband's Pronertv. All other items of property, be they
real, personal or mixed, tangible or intangible, which are in
Husband's possession or control shall become the sole and
exclusive property of Husband.
3. Taxes. The parties shall file joint federal and state tax
returns for the year 1998. If joint returns are filed, Husband shall
be responsible for all federal and state tax liability.
Both parties agree that in the event any deficiency in federal,
state or local income tax is proposed for the tax years 1997 or 1998,
or any assessment of any such tax is made against either of them for
- 3 -
the tax years 19S7 or 1998, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty OF
expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns filed for the tax years 1997 or
1998.
4. Additional Documentation. The parties agree to execute any
deeds, assignments, titles or other instruments necessary and
appropriate to accomplish the aforesaid division of property.
5. Transfers Sub1ect to Existina Liens. Except as specifically
set forth to the contrary herein all property transferred hereunder is
subject to the existing lien or liens set forth above. The respective
transferee of such property agrees to indemnify and save harmle~s the
other party from any claim or liability that such other party may
suffer or may be required to pay on account of such lien or
encumbrance.
6. Eauitab1e Division. By this Agreement the parties have
intended to effect an equitable division of their jointly owned
property. The parties have determined that an equitable division of
such property conforms to a just and right standard, with due regard
to the rights of each party. The division of existing marital
property is not intended by the parties to constitute in any way a
sale or exchange of assets, and the division is being effected without
- 4 -
I
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the introduction of outside funds or other property not constituting a
part of the marital estate. It is the intention of the parties to
treat all transfers herein as non-taxable.
7. Relinauishment of Riahts. Except as expressly provided
herein, Husband forever relinquishes any right, title or interest he
may now or hereafter have in any tangible or intangible assets now
belonging to Wife, and Wife forever relinquishes any right, title or
interest she may now or hereafter have in any tangible or intangible
assets now belonging to Husband.
8. After-Acauired ProDertv. Each of the parties shall
hereafter own and enjoy independently of any claim or right of the
other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her,
with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes as though he or she
were unmarried.
9. Debts. Husband and Wife shall each be solely responsible
for all debts in their respective names, including but not limited to
personal loans, charge accounts and credit cards. Both parties
represent and warrant to the other that as of the date of this
Agreement they have not incurred, and in the future will not contract
or incur, any debt or liability for which the other or the estate of
the other might be responsible.
10. Liabilities. All debts, contracts, obligations or
liabilities incurred at any time in the past or future by either party
will be paid promptly by said party, unless and except as otherwise
- 5 -
specifically set forth in this Agreement; and each of the parties
hereto further promises, covenants and agrees that each will now and
at all times hereafter save harmless and keep the other or his or her
estate indemnified and save harmless from all debts or liabilities
.
incurred by him or her, as the case may be, and from all actions,
claims and demands whatsoever with respect thereto, and from all
costs, legal or otherwise, and counsel fees whatsoever pertaining to
such actions, claims and demands. Neither party shall, as of the date
of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall
indemnify and save harmless the other from any and all claims or
demands made against him or her by reason of debts or obligations
incurred by him or her and from all expenses, legal costs, and counsel
fees unless provided to the contrary herein.
:1. Counsel Fees, cost.s and EXDenses, Each party shall be
responsible for his or her own legal fees, costs and expenses incurred
in connection with their separation and/or the dissolution of their
marriage.
12. Alimony, Husband shall pay to Wife the sum of $87,000 by
September 30, 1999, $87,000 by March 31, 2000, $85,000 by September
30, 2000, $85,000 by March 31, 2000, $78,000 by September 30, 2001 and
$78,000 by March 31, 2002. These payments shall be for Wife's separate
support and maintenance until Husband's deat~ or Wife's death.
Husband shall maintain his current John Hancock MutUEl Life
Insurance Company policy naming Wife as irrevocable beneficiary of an
- 6 -
amount sufficient to secure the above referenced alimony payments.
Husband shall have the right to reduce the coverage so long as the
amount of insurance on his life will be at least equal to the
remaining balance of payments under this agreement.
13. Tax Ramifications of A1imonv. The parties agree that the
entire amount being paid to Wife pursuant to this paragraph is a
separate maintenance periodic payment, included and intended to be
included with the income of Wife within the meaning and intent of
Section 71 of the United States Internal Revenue Code of 1954 and
deductible from the Husband's gross income pursuant to the provisions
of Section 215 of the United States Internal Revenue Code of 1954.
Wife agrees that all said payments shall be included as income to the
Wife in her applicable tax returns and that she shall pay such taxes
as may be required by reason of such inclusion.
r
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14. Non-Modification of Alimony, The parties agree that the
alimony provision takes into account the parties' overall economic
circumstances including the equitable distribution of property herein
and so shall not be subject to modification by any court.
15, Full Disclosure. The respective parties do hereby warrant,
represent and declare and do acknowledge and agree that each is and
has been fully and completely ~nformed of and is familiar with and
cognizant of the wealth, real and/or personal property, estate and
assets, earnings and income of the other and that each has made a full
- 7 -
and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this
Agreement is specifically waived.
16, Election to Retake Former Name.
wife shall file an
election to retake her former name upon entry of the final decree of
divorce. As part of the consideration for and as an express condition
of this agreement, Wife hereby agrees that she shall not, in any
manner whatsoever use the name of Snavely.
17, Releases. Each party does hereby remise, release, quitclaim
and forever discharge the other and the estate of the other from any
and every claim that each other may now have, or hereafter have or can
have at any time, against the other, or in and to or against the
other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower
or claim in the nature of dower, widow's rights, or under the
intestate laws, or the right to take against each other's will, or for
support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
18. Indemnification. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation, or other
liability, other than 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 hereinafter initiated seeking to
hold the other party liable for any other debts, obligations,
! I
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- 8 -
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 as resulting
therefrom. Damages as used herein shall include any claim, action,
demand. loss, cost, expense, penalty, and other damage, including
without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in
opposing the imposition thereof or enforcing this indemnity, resulting
to Husbnnd or Wife from any inaccurate representation made by or on
behalf of either Husband or Wife to the other in this Agreement, any
breach of any of the warranties made by Husband or Wife in this
Agreement, or breach or default in performance by Husband or Wife of
any of the obligations to be performed by such party hereunder. The
Husband or Wife agrees to give the other prompt written notice of any
litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms
of this Agreement.
19, General Provisions. This Agreement constitutes the p.ntire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth
herein.
20, Fair and Eauitable Contents, The provisions of this
Agreement and their legal effect have been fully explained to the
parties by their respective counsel. Each party acknowledges that he
- 9 -
or she has received independent legal advice from counsel of his or
her selection and that each fully understands the facts and has been
fully informed as to his or her legal rights and obligations. Each
party acknowledges and accepts that this Agreement is, under the
.
circumstances, fair and equitable, and that it is being entered into
freely and voluntarily after having received such advice and with such
knowledge, and that execution of this agreement is not the result of
any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
~l, Breach. It is expressly stipulated that if either party
fails in the due performance of any of his or her material obligations
under this Agreement, the other party shall have the right, at his or
her election, to sue for damages for breach thereof, to sue for
specific performance, or to seek any other legal remedies as may be
available, and the defaulting party shall pay the reasonable legal
fees for any services rendered by the non-defaulting party's attorney
in any action or proceeding to compel performance hereunder.
2~. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out
the provisions of this Agreement.
23. Modification. No modification, rescission or amendment to
this Agreement shall be effective unless in writing signed by each of
the parties hereto.
24. Severability, If any provision of this Agreement is held by
a Court of competent jurisdiction to be void, invalid or
unenforceable, the remaining provisions hereof shall nevertheless
- 10 -
survive and continue in full force and effect without being impaired
or invalidated in any way.
25. ADDlicable Law, This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
26. Aareement Not to be Meraed. This Agreement may be filed
with the Court for incorporation into the Decree of Divorce for
purposes of enforcement only, but otherwise shall not be merged into
said Decree. The parties shall have the right to enforce this
Agreement under the Divorce Code of 1980, as amended, and in addition,
shall retain any remedies in law or in equity under this Agreement as
an independent contract. Such remedies in law or equity are
specifically not waived or released.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Wit essl
- 11 -
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INVEmORY OP PERSONALT'1I
oo1101T A
nlllNmrRE
CHEIl.RY BAli. C,uINi!T 14379
CHEDY I!N"lI!ATAINMT 144M
COl\NIl1l. CABINBT IIIIS
VEI,I.OW T ABLB IMO
MISSONI CAll.pnT S1SOO
DININO SE1' 112000
IULIM 1m
WJNH ICRI'nR 1147'
Hor TUB ssooo
AaT WOlK
SANDM BOSCHI!T 31000 I'RNCBS
12000 HOLLV,HOCKS
VlOlt 11000 fLOlWl DB Ll.AN0
I.UO"lOO 11I20
BU!DSOE 5500
BRADSHAW 1400
R1CHMDS 1415
OIU!l!DEN 1450 fAMILV
.. S600 FOUNTAIN
.. 12500 7'SOAP STONE
" 1350 TWO IS ONR
.. 1500 INDI!PENDENr.1!
.. 5750 OTTER
~IS HEl!t>u 537' LAMP
.. 5150 LARClF. V ASB
.. 1100 1'W0 SMALL VASlIS
fUllHlTUU
BBDROOM fURNlnJRE
fAMn.VROOM
26" SONY TV
SONY VCR
SO"IV RECElVJ!X
l'lONRI!Il DISC 'LA YEll.
LIlATIIIlA SOfA
UiA mER CHAIll
U!ATHI!IlOTTOMAN
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SNOW BLOWE II. AND TRACTOR
co
II,
TH OP PENNSYLVANIA
COUNTY
Personally ap red before me, a Notary Public in and for the
aforesaid Commonwealth County, Susan J, Snavely, who being dwly
sworn according to law depos and says that she is a party of the
foregoing Agreement and she execu d same for the purposes therein
contained.
Witness my hand and seal this
, 1999.
day of
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA I
a .8.
COUNTY OF DAUPHIN I
Personally appeared before me, a Notary Public in and for the
aforesaid Commonwealth and County, Chester C, Snavely, Jr" who being
duly sworn according to law deposes and says that he is a party of the
foregoing Agreement and he executed same for the purposes therein
contained.
Wti~~ hand ~n~9::~l this
C'l-h
day of
g~,~Jt)
Notary Pu
My Commiss on Expires:
- 12 -
NOlartal 5..1
Vld<y L. Fill. Notary Public
Harrlaburg. Dauphin County
My Commlsalon ExpI"a Cae. 5, 2002
MemOIr, PtnnsytY&n1l AsSOCIation 01 Notants
SMIGEL, ANDERSON &; SACKS
ATTOANI:Y11 AT LAW
I.lIftOY '''IOCI.
C LEe AHDE:"ION
IlU"'''' . ....C...
JOHN W. ''',*''''C''
JOIC"H . D"...""ICO
ANN \I LI'IIIN
HEATHIt" O. "OYE"
C"IC N. NO""'ION
2817 NO"TH '''ON' Sllte!:T
HAAAI..UAO, PI:NN.VLVANIA 17110-1280
17171234.240'
'AX 17171 IM.,Jell
'ILl NO,
4951.1-4
May 27, 1999
FAX 657-4996
Kathleen C. Daley, Esquire
1029 Scenery Drive
Harrisburg, P A 171 09 "
Re: Snavely
Dear Kathleen:
In follow-up to my prior correspondence of this same date concerning the Dauphin
Deposit account, the bank advises that the balance as of April 6, 1999, was $13,391.22. The
balance as of May 27,1999 was S6,400. Chet withdrew the sum of S5,OOO, leaving a balance of
S I ,400 in the account because there are apparently two checks outstanding. We are not certain
whether the $ I ,400 will cover those checks. After the amounts of those checks are detennined,
Susan would owe Chet the difference between the S13,391.22 and the S6,400, plus the amount of
the two checks.
Please advise as to when he can expect to receive payment.
Sincerely,
LeRoy Smigel
LRS:vlf
cc: Mr. Chester C. Snavely, Jr.
VERIFICATION
I, CSIST.. 8XlVILY, verify that the atatementa contained in the
foreqoinq pleadinq are true and correct to the best of my knowledqe,
information and belie!, I understand that false statements therein
are made aubject to the penalties of 18 Pa,C.S, 54904, relatinq to
unsworn falsification to authorities,
Date:
joln/99
I I
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CHEST _ A ELY
"LJ~I.14
SUSAN SNA VEL Y, now known as
SUSAN J. FIELD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
NO. 97 - 5586
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann Levin, Esquire, hereby certi fy that I have served a true and correct copy of Answer
and Counterclaim to Petition to Enforce Marital Settlement Agreement upon counsel for Plaintiff
as addressed below by depositing the same in the U.S. Mail, first class, postage prepaid, on the
II -1"-
I day of October, 1999.
Kathleen C. Daley, Esquire
1029 Scenery Drive
Harrisburg, P A 17109
SMIGEL, ANDERSON & SACKS
By:
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LeRoy Smigel, Esquire
1.0. #: 09617
Ann V. Levin, Esquire
I.D. #: 70259
2917 North Front Street
Harrisburg, P A 17110
(717) 234-2401
Attorneys for Defendant
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SUSAN SNA VEL Y, now known as
SUSAN J. FIELD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V,
NO. 97 - 5586
CHESTER SNAVELY,
DEFENDANT
CIVIL ACTION - DIVORCE
ORDER
AND NOW, this
day of
, 1999, it is hereby
ordered and decreed that Plaintifl's Petition to Enforce Marital Settlement Agreement is
dismissed.
It is further ordered that Defendant's Counterclaim is granted. Plaintiff shall reimburse
Defendant $8,391.22 within 10 days of the date of this Order. Plaintiff shall also reimburse
Defendant for the attorneys' fees and costs incurred in enforcing the terms of the Marriage
Settlement Agreement.
BY THE COURT:
J.
.
SUSAN SNAVELY, now known as
SUSAN J. FIELD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
NO. 97 - 5586
CHESTER SNA VEL Y,
DEFENDANT
CIVIL ACTION - DIVORCE
ORDER
AND NOW, this
day of
. 1999, it is hereby
ordered and decreed that Plaintiff's Petition 10 Enforce Marital Settlement Agreement is
dismissed.
It is further ordered that Defendant's Counterclaim is granted. Plaintiffshall reimburse
Defendant $8,391.22 within 10 days of the dale of this Order. Plaintiffshall also reimburse
Defendant for the aUomeys' fees and costs incurred in enforcing the tenns of the Marriage
Settlement Agreement.
BY THE COURT:
J.
SUSAN SNA VEL V,
now known as
SUSAN J, FIELD,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNlY, PENNSVLVANIA
Plaintiff
v.
: NO. 97-5586 CIVIL TERM
CHESTER SNA VEL V,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this
day of
. 1999, upon
consideration oflhe attached Petition, IT IS HEREeV ORDERED AND DECREED that Defendant
shall perform the following actions within t~n (10) days of the date of this Order of Court:
A. Execute and deliver to Plaintiff the deed to the marital residence, located at
11 West Lawn Circle, Wormleysburg, Pennsylvania;
B. Execute and deliver to Plaintiff the motor vehicle titles to the 1987 Mercedes
SL560 automobile and the 1996 Jeep Cherokee Std;
C. Pay to Plaintiff the sum of Eighty Seven Thousand ($87,000.00) Dollars, plus
interest at the rate of six percent (6%) per annum, since September 30, 1999, in satisfaction oCher
first alimony payment; and
o Reimburse all attorney fees alld COsls to Plaintiff which she incurred in
enforcing the provisions of the Marital Settlement Agreement
BY THE COURT,
. J.
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SUSAN SNA VEL y, now known as
SUSAN 1. FIELD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
NO. 97 . 5586
CIVIL ACTION. DIVORCE
CHESTER SNA VEL Y,
DEFENDANT
RULE TO SHOW CAUSE
AND NOW, this
day of
. 1999, upon consideration
of the attached Answer and Counterclaim to Petition to Enforce Marital Settlement Agreement,:1
RULE is hereby issued to show cause, ifany there be, why the relief requested should not be
granted.
RULE RETURNABLE
DAYS FROM SERVICE.
BY THE COURT:
1.
"
SUSAN SNA VEL Y, now known as
SUSAN J. FIELD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
PLAINTIFF
V.
CHESTER SNA VEL Y,
DEFENDANT
NO. 97 . SS86
CIVIL ACTION. DIVORCE
RULE TO SHOW CAUSE
AND NOW, this
day of
. 1999, upon consideration
of the attached Answer and Counterclaim to Petition to Enforce Marital Settlement Agreement, a
RULE is hereby issued to show cause, if any there be, why the relief requested should not be
granted.
RULE RETURNABLE
DAYS FROM SERVICE.
BY THE COURT:
J.
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SUSAN SNA VEL y, now known as
SUSAN 1. FIELD,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 97 - 5586
CHESTER SNA VEL Y,
DEFENDANT
CIVIL ACTION - DIVORCE
PRAECIPE TO WITHDRAW COUNTERCLAIM
TO TilE PROTHONOTARY:
Please withdraw the Counterclaim to Enforce Marriage Settlement Agreement filed in the
above-captioned matter by Ihe Defendant, Chester Snavely.
Dale: December 13, 1999
Smigel, Anderson & Sacks
By: J u6
L~el, Esquire
I.D. # 09617
Ann V. Levin, Esquire
I.D. # 70259
2917 North Front Street
Harrisburg, P A 17110
(117) 234.2401
Attorneys for Defendant
SUSAN SNAVELY, now known as
SUSAN 1. FIELD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
NO. 97 - 5586
CHESTER SNA VEL Y,
DEFENDANT
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann Levin, Esquire, hereby certify that I have served a true and correct copy of the
foregoing Praecipe to Withdraw Counterclaim upon counsel for Plaintiff as addressed below by
depositing the same in the U.S. Mail, first class, postage prepaid, on the 13th day of December,
1999.
Kathleen C. Daley, Esquire
1029 Scenery Drive
Harrisburg, P A 17109
By:
ERSON & SACKS
vA
LeR Smigel, Esquire
J.D. #: 09617
Ann V. Levin, Esquire
J.D. #: 70259
2917 North Front Street
Harrisburg, P A 17110
(717) 234-2401
Allomeys for Defendant
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SUSAN SNA VEL Y,
now known as
SUSAN J. FIELD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CHESTER SNA VEL y,
Defendant
NO. 97.5586 CIVIL TERM
ORDER OF COURT
AND NOW, this \St\ay of December, 1999, upon consideration of the attached
letter from Kathleen Carey Daley, Esq., attorney for PlaintilT, the hearing previously
scheduled in this matter for December 29, 1999, is cancelled.
BY THE COURT,
Kathleen Carey Daley, Esq.
1029 Scenery Drive
Harrisburg, PA 17109
Attorney for PlaintilT
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2917 North Front Street
Harrisburg, P A 1711 0-1260
Attorney for Defendant
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--------------.--.-'---.--.".----- .--.-..----.-------.---,.,.-.--.-.---.----,-----
IO,!') S( I:NlR~' DRiVE. Hi\RRJSUllR( 1,1'1\ ".'IHI} . I ~111 (,'I". PI)' . FAX n '""01 flY;'. \9')6
December 10, 1999
The Honorable 1. Wesley Oler, Ir.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Re: Snavely v. Snavely
No. 97-5586 Civil
Dear Iudge Oler:
On October II, 1999, I filed a Petition to Enforce Marital Settlement Agreement on behalf
of my client, Susan Snavely, nlk/a Susan 1. Field, the Plaintiff in the above-captioned action.
Subsequently, an Order Wll5 issued directing that a hearing be held on December 29, 1999, at 1 :30
p.m.
Since the filing of said document, the parties have resolved all issues railled in the petition and,
therefore, I respectfully request that this hearing be canceled. LeRoy Smigel, the attomey for the
Defendant, concurs with my request. I am in the process of filing a praecipe withdrawing our
petition, a copy of which is enclosed for your review.
Thank you for your attention to this matter.
KCD:pap
~
athleen Carey Daley
Enclosure
cc: LeRoy Smigel, Esquire
Susan 1. Field
Of~ 1 J