HomeMy WebLinkAbout00-07489
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.l.o^
~ , , '--,- ," 'I L - _; ,_' ,
~ I, '.', " -" "" .J . - ,- -, t ~
.
.
'" '" ff. '" :Ii
.
.
.
. .
. .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
ERIN M. SMITH
Plaintiff
NO.
CIVIL
00 - 7489
VERSUS
SIGMUND T. SMITH
Defendant
DECREE IN
DIVORCE
AND NOW, :r~ --'\
~ 1"d:03f.M.
J-o.;;. , IT IS ORDERED AND
DECREED tHAT
ERIN M. SMITH
, PLAINTIFF,
AND
SIGMUND T. SMITH
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The parties' Marital Settlement Aqreement dated June 20, 2002,
.
. .
.
.
.
'il _""
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,
.
.
.
.
.
,
,
,
,
.
.
.
,
,
.
.
.
.
.
.
.
.
,
,
,
.
,
.
,
.
.
.
,
,
.
,
,
.
.
.
,
,
J.
~~.I
,
~"-,
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNYSLVANIA
Vs.
NO. 00 - 7489 CIVIL
SIGMUND T. SMITH,
Defendant
: IN DIVORCE
ntA12.rA.. S"FTn.ri~T 1t6/l~r"""NI
MASTER: Today is Thursday,
June 20,
THE
2002.
We had a conference yesterday with wife and counsel
for both parties and the Master was advised that an agreement
has been reached regarding the outstanding economic claims.
We have returned today to place the agreement on the record.
Present in the hearing room are the
Plaintiff, Erin M. Smith, and her counsel Michael A. Scherer
and Defendant's counsel Maria P. Cognetti. The Defendant,
Sigmund T. Smith, is not present because of a health condition
and the fact that he is living in Massachusetts.
The address of the plaintiff is 4 Buttonwood
Court, Mechanicsburg, Pennsylvania 17050 and the address of
the Defendant is 2 Olde Tower Lane, North Attleboro,
Massachusetts 02760.
Attorney Cognetti has indicated that she will
provide the Master within a week of today's date an affidavit
of consent and waiver of notice of intention to request entry
of divorce decree signed by the Defendant as well as a power
of attorney giving her authority to act on behalf of the
Defendant today. She will sign the agreement as attorney at
law and attorney in fact. The power of attorney will be
.~. ~
,~"-
1
,
...~
_l_
h'
'-~~li.'
attached to the agreement and the Master will not vacate his
appointment until such time as he has the attachment which is
the power of attorney and the affidavit of consent and waiver
signed by the Defendant. The wife has provided the Master
today with an affidavit of consent and waiver of notice of
intention to request to entry of divorce decree which the
Master's office will file with the Prothonotary's office.
The divorce will then be able to conclude under Section
3301(c) of the Domestic Relations Code.
The parties were married on October 9, 1999,
and separated April 13, 2000.
marriage.
There were no children of the
The complaint was filed on October 24, 2000,
raising the economic claims of equitable distribution,
alimony, and alimony pendente lite. The husband filed an
answer and counterclaim on December 26, 2000, raising on his
own behalf the economic claim of attorney fees and costs.
Inasmuch as we have an agreement with regard
to the outstanding economic issues, we are not going to have
any testimony on any of the pending matters involving the
divorce or economic claims. The agreement is going to be
placed on the record in the presence of the Plaintiff and
counsel for both parties. The agreement as stated on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except for
~"
~.I
, ,~
;'-~l"
.
correction of typographical errors which may be made during
the transcription.
The Plaintiff and both counsel will
return later today to review the agreement for typographical
errors, make any corrections as necessary, and then affix
their signatures affirming the terms of settlement as stated
on the record. When we leave the hearing room today the
parties will be bound by the terms of the agreement even
though there is no subsequent signature affirming the terms of
settlement.
Upon receipt of the completed agreement with
attachment, which will be the power of attorney signed by the
Defendant and the receipt of the Defendant's affidavit and
waiver, the Master will prepare an order vacating his
appointment. It is anticipated that these documents will be
provided to the Master as previously noted within a week of
today's date so that the Master can vacate his appointment
within the next week to ten days. Mr. Scherer.
MR. SCHERER:
1. The parties are the owners of real estate at 4
Buttonwood Court, Mechanicsburg, Pennsylvania which was the
marital residence. The parties agree to list this real
estate for sale immediately. The parties must accept any
offer to purchase the real estate which is in excess of
$245,000.00. The parties may refuse any offers on the real
estate which are less than $235,000.00. After the mortgage
is paid and the customary settlement charges are deducted, the
husband shall receive the first $50,000.00 in proceeds.
Wife shall receive the next $20,000.00 in proceeds. The
parties shall share equally any proceeds in excess of
$70,000.00.
"~ "", , ,
"i*",'-,I'~,
If there is not a contract within three months of the
date of listing, the parties will agree to review a lower
listing price. This review will occur every three (3) months.
Wife will continue to make the mortgage payments for
the marital residence and continue to pay all taxes,
insurance, utilities, and all other costs necessary to
maintain the home. Any repair or maintenance cost in excess
of $300.00 shall be shared by the parties after notice and
agreement of both parties. Any such costs below $300.00
shall be paid by wife.
2. wife owns real estate at 17 Ashburg Drive,
Mechanicsburg, Pennsylvania, which she purchased prior to the
marriage. Husband waives any interest he has in this real
estate by virtue of the marriage and wife shall become the
sole owner of this real estate.
3. Wife drives a 2000 Chevrolet Venture mini van which is
jointly titled. Husband releases any ownership interest he
has in this vehicle and agrees to cooperate and sign any
documents necessary to transfer the title of this vehicle into
wife's name alone. Wife shall be solely responsible for all
expenses related to the ownership of the vehicle.
4. Wife releases any interest she may have in any motor
vehicle husband currently owns.
5. The husband has returned to the marital residence and
retrieved certain items of tangible personal property. The
items of tangible personal property in the respective
possessions of each party shall become the property of such
person who is now in possession of the property.
6. The parties have divided all intangible personal
property that they heretofore owned together, including bank
accounts at PNC and Allfirst. The intangible personal
property currently in the possession of each party shall be
the sole property of the person who is now in possession of
those assets.
7. Wife releases any interest she has in husband's 401(k)
with HERCO or any account that he has rolled the 401(K) into
or any other retirement benefits of husband.
8. Husband waives any interest in any retirement account
owned by wife.
9. Wife withdraws her claim for alimony against husband.
.
,
,
" ~
,
"
~-I~
~!~
-j-.
,;; -
" "'-"--,,.
10. Husband is currently paying wife alimony pendente lite.
The alimony pendente lite shall terminate as of today, and any
arrearages owed as of today shall be paid by husband. Any
sums collected from husband in excess of any arrearages owed
on the alimony pendente lite order shall be returned to
husband.
11. Husband withdraws his claim for attorney fees and
costs.
12. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future
laws of any jurisdiction to share in the property or the
estate of the other as a result of the marital relationship
including without limitation, statutory allowance, widow's
allowance, right of intestacy, right to take against the will
of the other, and right to act as administrator or executor in
the other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights,
and claims.
MR. SCHERER: Erin, you've been present
during the dictation of this agreement; is that correct?
MS. SMITH: Yes.
MR. SCHERER: Did you hear the agreement?
MS. SMITH: Yes.
MR. SCHERER: Do you think you understood it?
MS. SMITH: Yes.
MR. SCHERER: Do you have any questions about
it?
MS. SMITH: No. No questions.
MR. SCHERER: Is it your desire to enter into
the agreement that was just dictated?
>,M~ '-,
~" =
I
.
. -
MS. SMITH: Yes.
-
. I
-~""
l I
THE MASTER: Attorney Cognetti, you've heard
the agreement as stated on ther record, do you have any
changes or additions to make?
MS. COGNETTI: No, sir.
THE MASTER: Are you satisfied with the
agreement as stated on the record as representive of the terms
of settlement that you and your client have agreed upon?
MS. COGNETTI: Yes.
THE MASTER: And you have authority to enter
into this agreement on behalf of your client?
MS. COGNETTI: Yes, I do.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
DATE:
~c.~ t.lO.D~
Michael A. Scherer
Attorney r Plaintiff
~!)t? ~;)
e~
E 'M. Smith
Y'~'
Maria P. Cognetti,
Attorney in fact/power
of attorney
I,
-- .',
._'1. ",", ~ I ,; 'l' ,0 -';'-'1 ,""" '~- - '0 ;"'x' ->,', ,~_ ",'" ...."0__ <c,,~..-,. " _,,_..,'_ " "<'~""',';.,", ','c ,_" ~, _ "., '"
ERIN M. SMITH
,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
SIGMUND 1. SMITH,
Defendant
NO. 00 - 7489
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE 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 Section 3301 (c) of the Divorce
Code.
2. Date and manner of service of the Complaint: The defendant signed an Acceptance
of Service form on November 7, 2000.
3 (complete either paragraph (a) or (b).)
A. Date of execution of the affidavit of consent required by Section 3301 (c) of
the Divorce Code: by Plaintiff on June 20, 2002; and Defendant on June 27, 2002.
B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d)
of the Divorce Code: N/A
(2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce
Code: None.
Respectfully submitted,
?!l~ffit
Michae A. Scherer, Esquire
idll
ill:.!l~~-- .~~,
.u......--"';'Jf.:ld!;ii;l
t1i.iS
~il>""'''''''
'""""idii!n~R
U~Illi!:~_~J _LJWli _,~
1-LiZ." -;_ J
--'~'
..~~ , ,.~ -~
li~'"'
,.-' ;~.:..;:',,-,,- ".,,-> -
.:";,,-,,,,",'""'. .. ...-..
~, '
<.'
'."lIf
o.
-'~ '
"'- I""~' ",
(") 0 0
f;; '" "r,
S. t.. :.;:1
J:1co ;;;
q;!r1'! h'i:o
...--:t; r--'
2'r'- -ODl
Ci3d:: '" "Dy
fSF::, [:cio
~""-' " --j"
2;-{..) '" "'-:1:1
~- ::;;:C)
-<..---.,
>~ ~ Om
2' -I
:< -.:.:, 55
\0 -<
j
~
'"
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000- '7t/ftj
CIVIL ACTION-LAW
IN DIVORCE
CIVIL TERM
SIGMUND T. SMITH,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU
DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
II
ti
"
"
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000- 7</?9 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT UNDER SECTIONS 330HC) AND
3301 (D) OF THE DIVORCE CODE
1. Plaintiff is Erin M. Smith, an adult individual who currently resides at 4
Buttonwood Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Sigmund 1. Smith, an adult individual who currently resides
at 19 Bridgeport Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on October 9, 1999, in
Mechanicsburg, Pennsylvania
COUNT I - DIVORCE UNDER SECTIONS 3301 (c)
AND 3301(d) OF THE DIVORCE CODE
5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above.
6. There have been no prior actions of divorce or for annulment between the
parties as to their current marriage.
7. Neither Plaintiff nor Defendant is in the Armed Forces of the United
States.
II
.1'"
.
,
~
8. Plaintiff avers that the marriage between the parties is irretrievably
broken.
9. The Plaintiff has been advised of the availability of counseling and that
she may have the right to request that the court require the parties to participate in
counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree in divorce.
COUNT II -EQUITABLE DISTRIBUTION
10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above.
11. The parties have acquired real and personal property, including real
estate, automobiles, bank accounts and other items of miscellaneous property during
the course of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree which effects an equitable distribution of marital property.
COUNT III -ALIMONY. ALIMONY PENDENTE LITE.
12. Plaintiff hereby incorporates by reference all of the averments in
paragraphs 1 through 11 of this Complaint.
13. Plaintiff has employed counsel but is unable to pay the necessary and
reasonable attorney's fees for said counsel.
14. Plaintiff is unable to sustain herself during the course of this litigation.
15. Plaintiff will be in need of alimony to sustain herself following the entry of
a divorce decree.
i
II
-~,
.
WHEREFORE, Plaintiff requests your Honorable Court to enter an award of
alimony pendente lite and to further award such alimony as may be deemed
appropriate.
Respectfully submitted,
Date: 10. 2.) .00
O'BRIEN, BARIC & SCHERER
2!!:.:P~, Esq";re
1.0.#61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/domefltic/divorce/esmith.com
II
"
..,-,'>,.-"
. .
VERIFICATION
I verify that the statements made in this Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. ~ 4904, relating to unsworn falsification to authorities.
~m~
rin M. Smit ..
Date:
I(] //1 tJZ)
/ '
II
L I
," .~",." -- ~+ '~__'_L___' '-,",,, 0 '.~ -.-- -.- -_"'-';,'='_"~.'I'j"_' --C,_,j~ _, iIliiIi~
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 330HC) OF THE DIVORCE CODE
1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was
filed on October 24, 2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of a final decree in divorce without notice.
4. 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.
5. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
6. I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
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.
Date:
{D / ;;;l () / (J :J.
/ / -
~,YY7 ~1~
Erin M. S~
I!
Ii
'-'
-'" -,~
~""lil
liJ~i ~tMii~. '
~"" . ,'., ."
T'
."
.
,
l
() 0 0
C N "
s:: S:: ~
un} ~- :::\;:JJ
mrr z 'r-
ZIi N -;:-jm
~~ C> "UC:J
S~~
r:::c: ".
:;,.. c:;:!J
z:=: :A -7'0
>~ \D ;~m
.. ::::1
?~ ::J ~
~ ():)
"
,~_I"
..
-
~
"
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill,PA 17011
Telephone No. (717) 909-4060
Attornevs for Defendant
ERIN M. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-7489 CIVIL TERM
SIGMUND TODD SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) ofthe Divorce Code was
filed on October 24,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
(90) days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
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.
Date: (p 1.)..71 o~
()L ~~I~
S. TODD SMITH
~W;Ji:~_N"""';.~--~;,--"",,Wk~ r:l\,--'.'~- -----_~M""""._=_~,~_~~,.._~ ~....J~
_ ..___._~",.I,,,.l,.,,~~_,,,,,,,,,,_,..,,_.,,.
-.-___1
""
""'
..
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attornevs for Defendant
ERlN M. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-7489 CIVIL TERM
SIGMUND TODD SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER
S 3301(c) 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 in do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
DATE: 6/d7!O~
J ,~(4--
S. TODD SMITH
'0 *~I<M' ~"'. ,:MI1il~Jo,:",'\.
,
ERIN M. SMITH,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
SIGMUND T. SMITH,
Defendant
ACCEPTANCE OF SERVICE
AND NOW, this lot\... day of NClVtJ.,.,..6...e.r", 2000, I, Sigmund T. Smith,
Defendant above, hereby accept service ofthe Complaint filed in the above case pursuant
to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said
Complaint.
- ;t~
~SigmUnd T. Smith
II
. , ; cJ ~.:,I;'" ;': , - , ..,," . " "' o~,-v_~ , .,
. nO'
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
NOTICE OF ELECTION TO RETAKE PRIOR NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted
.fh
a Final Decree in Divorce from the Bonds of Matrimony on the J,q day of Ju"j ,2002
hereby elects to retake and hereafter use her prior name of Erin M. Lain, and gives this
written notice avowing her intention in accordance with the provisions of the act of May
25, 1939, P.L. 192 (23 P.S. 98), as amended.
~IY!.~
rin M. Smith c.--
TO BE KNOWN AS
~m~
. M. Lain
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On the It.{t!ldayof ALltJusr, 2002, before me, a notary public, personally
appeared Erin M. Smith to be known as Erin M. Lain, 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.
~~4ritW0
NclaIIaI S8Id
Amanda l. Fisher, NotarY PublIC
CaJtIsIlIBoro. cumbelland CounIY
Mycomm;ssion Expires Apr. 17.2000
Mornbet. f'enIlSYN8lliaA........... Of_
II
In
"'--,,,,'. "'''''~'''-iilli!.]ttll$i~tii3l1.:a'
'- '
'-dllliiiil~:"--"";':""it.'-"'-."
C_,-",",
;,\
,
-,-
,
",'
~,c.:ilr W""~,,N'~"'>#~"T"'''''''.'''.'
-~ ~
r<-
~ \!:::
'- l:;;'-
,Il.)
"'\) W
~ ~
~
-..:J
~
~
ti>
~
-,
>
V0
"
~
I'
'I'-
r>
&
~
()
S
s~
-ace:
mL~
Z"
~~~
\:2C
Yc'
?;c5
;Pc,
z
:::i
~
~-:
(:;:::.l
I''",,)
-~
, ,
~~h
"'"
~
GS
--r--;
E,
-- J ~..~~
;';<.,-'
('~i~~;
~;,:,20
Oft\
.,-\
1>
r.~:J
=<
Ul
?:~
-"-
-
N
N
Jt'Q
,-,-,,'. ';.~: '
;" -\
"-'-':t
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 7489 CIVIL
SIGMUND T. SMITH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
;.Btv---
day of
?~
2002, wife and husband's attorney in fact and counsel having
entered into an agreement and stipulation resolving the
economic issues on June 20, 2002, the date set for a
four-party conference, the agreement and stipulation having
been transcribed, and subsequently signed by wife and
husband's attorney in fact and counsel, the appointment of
the Master is vacated and counsel can conclude the
proceedings by the filing of a praecipe to transmit the
record with the affidavits of consent of the parties so that
a final decree in divorce can be entered.
BY THE COURT,
cc:
Michael A. Scherer
Attorney for Plaintiff
Maria P. Cognetti
Attorney for Defendant
~~
1.0:L-OJ..,
~
.~
"',
" c
.
1_,,_0,[
~-
- "'~,
. ,,'~,'O
-"---""-"-~
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNYSLVANIA
Vs.
NO. 00 - 7489 CIVIL
SIGMUND T. SMITH,
Defendant IN DIVORCE
THE MASTER: Today is Thursday, June 20,
2002.
We had a conference yesterday with wife and counsel
for both parties and the Master was advised that an agreement
has been reached regarding the outstanding economic claims.
We have returned today to place the agreement on the record.
Present in the hearing room are the
Plaintiff, Erin M. Smith, and her counsel Michael A. Scherer
and Defendant's counsel Maria P. Cognetti. The Defendant,
Sigmund T. Smith, is not present because of a health condition
and the fact that he is living in Massachusetts.
The address of the plaintiff is 4 Buttonwood
Court, Mechanicsburg, Pennsylvania 17050 and the address of
the Defendant is 2 Olde Tower Lane, North Attleboro,
Massachusetts 02760.
Attorney Cognetti has indicated that she will
provide the Master within a week of today's date an affidavit
of consent and waiver of notice of intention to request entry
of divorce decree signed by the Defendant as well as a power
of attorney giving her authority to act on behalf of the
Defendant today. She will sign the agreement as attorney at
law and attorney in fact. The power of attorney will be
-.
,
L
I j
,..I
v~, - '0_ '-'-':', \-J'~' "
'.""-
~ "'
, .,
.
attached to the agreement and the Master will not vacate his
appointment until such time as he has the attachment which is
the power of attorney and the affidavit of consent and waiver
signed by the Defendant.
The wife has provided the Master
today with an affidavit of consent and waiver of notice of
intention to request to entry of divorce decree which the
Master's office will file with the Prothonotary's office.
The divorce will then be able to conclude under Section
3301(c} of the Domestic Relations Code.
The parties were married on October 9, 1999,
and separated April 13, 2000.
There were no children of the
marriage.
The complaint was filed on October 24, 2000,
raising the economic claims of equitable distribution,
alimony, and alimony pendente lite.
The husband filed an
answer and counterclaim on December 26, 2000, raising on his
own behalf the economic claim of attorney fees and costs.
Inasmuch as we have an agreement with regard
to the outstanding economic issues, we are not going to have
any testimony on any of the pending matters involving the
divorce or economic claims.
The agreement is going to be
placed on the record in the presence of the plaintiff and
counsel for both parties.
The agreement as stated on the
record will be considered the substantive agreement of the
parties not sUbject to any changes or modifications except for
,
1-.
, .~ ~-'-';,-,2- - "e,,".-. - '",,_~ ~ ,,' '
-~.
i,
,
correction of typographical errors which may be made during
the transcription.
The Plaintiff and both counsel will
return later today to review the agreement for typographical
errors, make any corrections as necessary, and then affix
their signatures affirming the terms of settlement as stated
on the record. When we leave the hearing room today the
parties will be bound by the terms of the agreement even
though there is no subsequent signature affirming the terms of
settlement.
Upon receipt of the completed agreement with
attachment, which will be the power of attorney signed by the
Defendant and the receipt of the Defendant's affidavit and
waiver, the Master will prepare an order vacating his
appointment. It is anticipated that these documents will be
provided to the Master as previously noted within a week of
today's date so that the Master can vacate his appointment
within the next week to ten days. Mr. Scherer.
MR. SCHERER:
1. The parties are the owners of real estate at 4
Buttonwood Court, Mechanicsburg, Pennsylvania which was the
marital residence. The parties agree to list this real
estate for sale immediately. The parties must accept any
offer to purchase the real estate which is in excess of
$245,000.00. The parties may refuse any offers on the real
estate which are less than $235,000.00. After the mortgage
is paid and the customary settlement charges are deducted, the
husband shall receive the first $50,000.00 in proceeds.
Wife shall receive the next $20,000.00 in proceeds. The
parties shall share equally any proceeds in excess of
$70,000.00.
,. ..-'
.1-, ~I - ---"';;".' .~
,,;. _~ _ -~ I,~':- ~ ~.,,-_i'~_,
'-~ -'-~"~.!
, .,
,
If there is not a contract within three months of the
date of listing, the parties will agree to review a lower
listing price. This review will occur every three (3) months.
Wife will continue to make the mortgage payments for
the marital residence and continue to pay all taxes,
insurance, utilities, and all other costs necessary to
maintain the home. Any repair or maintenance cost in excess
of $300.00 shall be shared by the parties after notice and
agreement of both parties. Any such costs below $300.00
shall be paid by wife.
2. Wife owns real estate at 17 Ashburg Drive,
Mechanicsburg, Pennsylvania, which she purchased prior to the
marriage. Husband waives any interest he has in this real
estate by virtue of the marriage and wife shall become the
sole owner of this real estate.
3. Wife drives a 2000 Chevrolet Venture mini van which is
jointly titled. Husband releases any ownership interest he
has in this vehicle and agrees to cooperate and sign any
documents necessary to transfer the title of this vehicle into
wife's name alone. Wife shall be solely responsible for all
expenses related to the ownership of the vehicle.
4. Wife releases any interest she may have in any motor
vehicle husband currently owns.
5. The husband has returned to the marital residence and
retrieved certain items of tangible personal property. The
items of tangible personal property in the respective
possessions of each party shall become the property of such
person who is now in possession of the property.
6. The parties have divided all intangible personal
property that they heretofore owned together, including bank
accounts at PNC and Allfirst. The intangible personal
property currently in the possession of each party shall be
the sole property of the person who is now in possession of
those assets.
7. Wife releases any interest she has in husband's 401(k)
with HERca or any account that he has rolled the 401(K) into
or any other retirement benefits of husband.
8. Husband waives any interest in any retirement account
owned by wife.
9. Wife withdraws her claim for alimony against husband.
t. ,-
, . ,~ - , .,
'i1liiMllItlllliiiifll"nk,
. .
10. Husband is currently paying wife alimony pendente lite.
The alimony pendente lite shall terminate as of today, and any
arrearages owed as of today shall be paid by husband. Any
sums collected from husband in excess of any arrearages owed
on the alimony pendente lite order shall be returned to
husband.
11. Husband withdraws his claim for attorney fees and
costs.
12. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future
laws of any jurisdiction to share in the property or the
estate of the other as a result of the marital relationship
including without limitation, statutory allowance, widow's
allowance, right of intestacy, right to take against the will
of the other, and right to act as administrator or executor in
the other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights,
and claims.
MR. SCHERER: Erin, you've been present
during the dictation of this agreement; is that correct?
MS. SMITH: Yes.
MR. SCHERER: Did you hear the agreement?
MS. SMITH: Yes.
MR. SCHERER: Do you think you understood it?
MS. SMITH: Yes.
MR. SCHERER: Do you have any questions about
it?
MS. SMITH: No. No questions.
MR. SCHERER: Is it your desire to enter into
the agreement that was just dictated?
I,,,
- J ,,1-.
'h ._'_)"
,,'
, "'->Li
.
.
MS. SMITH: Yes.
THE MASTER: Attorney Cognetti, you've heard
the agreement as stated on ther record, do you have any
changes or additions to make?
MS. COGNETTI: No, sir.
THE MASTER: Are you satisfied with the
agreement as stated on the record as representive of the terms
of settlement that you and your client have agreed upon?
MS. COGNETTI: Yes.
THE MASTER: And you have authority to enter
into this agreement on behalf of your client?
MS. COGNETTI: Yes, I do.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
DATE:
~~.~ 6. Z-D.o "t-
Michael A. Scherer
Attorney r Plaintiff
E~~~
P~/o~
~
Sigmund T. S ith by
Maria P. Cognetti,
Attorney in fact/power
of attorney
. I
~
:." ~".t ~~L
,__,. c.'c'_.
- _.~ . - ~ "
'f
tlll2L .20g~ 10:15 FAX 717 9094068
. "
MAKIA ~ CUuNK~rl
I.l!zIUU<l
'I- .
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that I, SIGMUND ~ODD
SMITH, of the Borough of North Attleboro, Bristol County,
Massachusetts, have made, constituted and appointed, and by these
presents do hereby make, constitute and appoint ~IA P. COGNETTI
my true and lawful attorney, for me and in my name .to sell,
barter, exchange or dispose of the real estate at 4 Buttonwood
Court, Mechanicsburg, Silver Spring Township, Cumberland county,
Pennsyl'v"a-riia.r.-to any persOri'o"r perionsrarid iIi. any riiaririer
whatsoever, and for these purposes to execute and acknowledge any
deed or deeds, lease or leases, conveyances, or other instruments
or assurance or assurances, with general covenants or warranty
against all persons, or any other covenants whatsoever, as may be
deemed expedient.'
I also authorize my attorney to execute and acknowledge
any and all documents, including but not limited to any
agreements relative to the settlement of my divorce from Erin M.
Smith, as I. could do in my own proper person if present.
This Power of Attorney shall become effective as of the
date hereof and s~all not be affected by any period of disability
or incapacity whicll may occur to me, and any action takem in good
faith pursuant to the foregoing authority without actual
C-,
.,
",'.'j, -"' ". ,.-'c...i<'
.,- -~-,' '-#":~,--,
G~2L~200~ 10:15 FAX 717 9094068
i. .
MARIA P CUGN~T.l
I&JUU':t
,"
knowledge of my death shall be binding upon me, my heirs, assigns
and personal representatives.
IN WI.TJ:'lESS -WHEREOF, I
this '"2~ day of ~ U V\ g
have hereunto set my hand and seal.
, 2002.
Srr;(D
COMMONWEALTH OF MASSACHUSETTS
....
COUNTY OF ~
.. .... ... ~~ thi~ t~e' d'f.cL'~~y of
SS.
me, the undersigned officer,
...~
(/
personally appeared
, 2002, before
SIGMUND TODD
SMITH known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and
acknowledged that executed the same for the purposes therein
contained.
IN WITNESS WHEREOF,I hereunto set my hand and official
seal.
~~...
NOLo."-; ;~i-~ic ~ if du {~
Arlene Mane Criminlns
Juslic8 of the Peaee
My CIlmmissionExpires July 31, 2003
"'" J .._
l"
~_J -
~"
">
"I ,','-" .~J-
'-.
DR 30305
P ACSES ID 442102947
ERIN M. SMITH,
Plaintiff/Petitioner
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUN1Y, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION - LAW
SIGMUND T. SMITH
Defendant/Respondent
: NO. 00-7489 CIVIL TERM
ORDER OF COURT
AND NOW, this 30th day of January, 2001, based upon the Court's determination that
Petitioner's monthly net income/earning capacity is $2,547.93 per month and Respondent's monthly
net income/earning capacity is $4,244.34 per month, it is hereby Ordered that the Respondent pay to
the Pennsylvania State Collection and Disbursement Unit, $622.00 per month payable semi-monthly
as follows; $311.00 semi-monthly for alimony pendente lite and $0.00 on arrears. First payment due
with Respondent's next pay date. Arrears set at $1,244.00. The effective date of the order is
December 15, 2000.
Failure to make each payment on time and in full will cause aJl arrears to become subject to
irnmediatecollection by all of the means as provided by 23 Pa.C.S.~ 3703. Further, if the Court
finds, afterhearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to; cornmitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the P A SCDU to: Erin M. Smith. Payments must be made
by check or money order. All checks and money orders must be made payable to P A SCDU and
mailed to:
PASCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number in
order to be processed. Do not send cash by mail.
-
.L
...
.
"'
Respondent to provide medical insurance coverage.
~.J
~.
- I ,_ ~ '. _.
IO~~,,~
This Order shall become final ten days after the mailing of the notice of the entry of the Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court.
DRO: R. J. Shadday
Mailed copies on
)..5 -Of to: <
!}]
BY THE COURT,
Petitioner
Respondent
Michael Scherer, Esquire
Maria Cognetti, Esquire
Edw,", E@
J.
tli--""r'
i
'&'-''''''''''"~M~.H-!I.ill~~~;;ilill\",iil;;,;~'I.;&,t,\!j~M'ilitlJ81~',,~~~~'-~
.
'-,
-"
."
"".
'.,_._"'"~_.,v .,,",,'_ _~,~,...~__~"."
. II ~-
1i!f&lIIl1iillil~&~
'LI::".
"""'I~
2-
-r
~-
~~-("'
rnfi~
;2:"'1'
ZC;
(f>.?"
%/._e
r;:C)
7.;::. C
- ~
",e-
'Pc::
~
'""'"
o
-
-n
1""'
r."]:)
\
-'
". ...v.
-0
--
~.".
.'
.....1
I
I
I
i
I
C'
--n
tf?
U'I
,0
.-"
,-,Sf:)
;
'--'\~~
..~~~~
~
~
,.1.......1
1 _,_ ~
.
-
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
Oh Ob-'7Cj''iCJ (llt/IL-
jJAi.~c; 1/t/:l/O;).qV)
Date of Order/Notice 01/30/01 0;( c5D3{).S-
Court/Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
State Commonwealth of Pennsvlvania
Co./City/Dist. of CUMBERLAND
) RE: SMITH, ST.
) Employee/Obligor's Name (Last, First, MI)
) 211-48-5864
) Emphyee/Obligor's Social Security Number
) 8715100228
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiff names associated with cases on attachment)
) Custodial Parent's Name (Last, First, MI)
)
, EmployerlWithholder's Federal EIN Number
NEW ENGLAND REVOLUTION
. EmpJoyerlWithholder's Name
60 WASHINGTON ST
EmployerlWithhoJder's Address
FOXBORO MA 02035-1354
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County. Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 622.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 622.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 143 54 per weekly pay period.
$ 287.08 per biweekly pay period (every two weeks).
$ 311.00 per semimonthly pay period (twice a month).
$ 622.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydateJdate of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at '-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
:: ~f=Y ~BYTHECOURT: ~.
Date of Order: January 31, 2001 ~
Edward E. Guldo
Service Type M
OMB No.: 0970-0154
Expiration Date: 12131!00
m
Form EN-028
Worker ID $IATT
Il~'.~---"
flrtlr'1~~i1IilBJ~~
~~:;~)Jl'~IUl;jlll!l:?~ '
JiO<iij,!iij#llliL$IIi!$l<;;t' - - '
,,>liit....,~~~"ilirij~
T ~ .IJ'tII.~L._,,_,~~,.v ~_ ~-'~
",_ __r.~
".~""~~ ,~_.
"- ~,
~1............~~_
lIiflfMliIllliiiiiilillfi=' "
XtW.LGi\~Cj-<l..c',- J :-j i \
'3:;::-H()--(Ii-'\'\~
.~,-,---'
~~
""
M
-
-
"~ "' "~
l
"
i;;-~,t.:
-
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. Jf there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheid amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.* R:t.p';'llil'5 tile l^ayJc'.llldDdM of'NitlllluIJ;llS. '/Otl JJJLut Jc,....OJt tLe pa)JAl'efJate of yy;tLLoJJi1l5 yyL6!! ,;"::;:;JJJ;J!SILl.:' ,....arwe;J.t. The
paydate/date .:;,f vvitlllloldihg is tile; Jnl:t on vvLidl alHuUllt vvas yyitlll,c;lJ halll tLe; clIlpJuy-:;e'.i mtgO. You must comply with the law of the
state of the employee's/obligor's principal place of empioyment wilh respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See 119 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and relurn a copy of this Order/Nolice to the Agency identified below.
WITHHOLDER'S ID: 8961100155
EMPLOYEE'S/OBLIGOR'S NAME: SMITH , ST.
EMPLOYEE'S CASE IDENTIFIER: 8715100228 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissionst or
severance pay. If you have any questions about lump sum paymentst contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-<liscriminalion: You are subject to a fine determined under State law for discharging an empioyee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federai Consumer Credit
Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal piace of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federalt local taxes; Social Secur'ity taxes; and Medicare taxes.
10.
"NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (71 7) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Requesting Agency:
DOMESTIC RELATIONS SECTION
P.O BOX 320
CARLISLE PA 17013
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: a97a-a i 54
Expiration Date: 12/31/00
~ ,
...
.
I
lL d. "'-i\1ll',',---,
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SMITH, ST.
442J.02947 #()3CYJ
PACSES Case Number
Plaintiff Name
ERIN M. SMITH
Docket Attachment Amount
00-7489 CIVIL$ 622.00
Child(ren)'s Name(s):
DOB
..dl;.'~~~~.~~~,;~~..~;~..;:~~i;:~;~:~;~il;~~~~il~~;~~;..'..."..'..'....'..........
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
dl;~~~~~~~,;~~,.~;~..;:~~i;~~:;:~;~I\;~:~~;I~~;~~i....,........,...., .....,..
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
bl;~~~~~~~;;~~~re requiredto enroll th:c~i1d(r~n; ,...., ...,.........
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked. you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
t51~~~;~~~~;;~~~;~;~qUir~d to enroll the child(ren) . . ,...,..., ,.....
identified above in any health insurance coverage available
through the employee's/obligor's employment. .
~-,
Addendum
Form EN-028
Worker 10 $IATT
OMB No.: 0970-0154
Expiration Date: 12/31/00
,Jilllijjl"~='~
.. ~~ ~c.'j';i-"
ERIN M. SMITH,
PlaintifflPetitioner
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
SIGMUND T. SMITH,
Defendant/Respondent
NO. 00-7489 CIVIL TERM
IN DIVORCE
DR# 30,305
PacseS# 442102947
ORDER OF COURT
AND NOW, this 10th day of Jannary, 2001, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before RJ. Shaddav on Januarv 30. 2001 at 9:00 A.M. for a conference, at 13 N. Hanover
St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony
Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy ofyonr most recent Federal Income Tax Return, including W-2's as filed
(2) yonr pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O.1liQ
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for yonr arrest.
BY TIlE COURT,
George E. Hoffer, President Judge
fyl@,q!m!~s,on... ..
"',"if~'4!!~,~'~"'I_'", -,
f1fll"O'IW: C
11
"LL-~Lfj~.
dda , Conference Officer U
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
Petitioner
< Respondent
Michael Scherer, Esquire
Maria Cognetti, Esquire
Date of Order: Jannary 10, 2001
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VB.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
, '
ERIN M. SMITH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
Plaintiff
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE
AND NOW, comes Plaintiff, Erin M. Smith, by and through her attorney, Michael
A. Scherer, Esquire, and respectfully represents as follows:
1. Plaintiff, Erin M. Smith, is an adult individual who resides at 4 Buttonwood
Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant, Sigmund T. Smith, is an adult individual who last resided at 19
Bridgeport Drive, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff does not
know Defendant's current address, however, Defendant is represented in this matter by
Maria P. Cognetti, Esquire.
3. Plaintiffs Complaint In Divorce containing a claim for alimony pendente
lite Was filed on October 24, 2000.
4. The Plaintiff is employed at JFC Staffing Associates in Camp Hill,
Pennsylvania and earns approximately $878.00 (net) bi-weekly.
5. The Defendant is employed with the New England Revolution, a
professional soccer team, at an unknown rate of compensation.
6. Plaintiff requires alimony pendente lite in Order to prosecute this action
and to maintain herself during the pendency of this litigation.
II
WHEREFORE, Plaintiff is in need of alimony pendente lite in order to sustain
herself and to meet her financial obligations during the pendency of this divorce.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
~~E'
c ael . c erer, squtre
1.0. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/domestic/divorce/esmith.apl
II
""
.
~ ""0IIlI~
\
U: THE cOURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I
NO. 2000-7489 CIVIL TERM'
~ .
V.
I CIVIL ~CTtON - LAW
IN DIVORCE
SIGMUND T. SMITH
-,
Defendant
. DRS ATTACHMENT FOR APt PROCEEDiNGS
'.
PBTITIONER .
NAME ErinM. .smith
ADDRESS ~..~ut:tonwood CO~ft l' i<;
. .-- A 705
BIRTH DATE Marcl1 10, 1963
SOCIAL SECURITY NUMBER 169-42-1928 ,
HOME PHONE .
IiIORK PROm: (717) 761-8095 ext. 102
" .
EMPWYER NAME JFC Staffing Associates
,. .
BMPLOYERADDRESS . 1520 Market Street
. Camo'Hill, FA 17011
,
JOB TI~E/pOSITION search consultant
DATB EMPLOYMENT COMMElilCED June 19, 2000
GROSS PAY (bi-weekly) " $1,041.00
NET PAY (bi-weekly) $878.00
OTHER INCOME. .
. Esquire
A'ITORNEY'S NAME Michael A. Scherer,
AtTORNEY'S ADDRESS O'Brien, Baric & Scher.er .
17 West South Street Carlisle,
ATTORNEY'S PHONE NUM&ER (717) 249-6873
FA ,.
17013
,..,,~I ..=
',~
'llII'- "L.l........~~illtll'.-..llJ
= I~ IIf~.ii~"'~!k"
"
. . . RESPONDENT
~ .
NAME Sigmund T. Smith . .'. ..
, . .. . .
1\DDRESS ,*LAST KNOWN 19 'Bridgep6rtDri y'e ,. S'\"_.~ ','.
.,~ . '.~i)i, '-. .
. .. .. ~' ',...' .. . ..
BIRTH DATE Augll.st19, 1965 ii',. ',..
. . . ...
SOCIAL SECURITY NUMBER 211":;48-5864 . .c~
.' .... . .'
HOME .'
PHONE; (717) 790".0620 . / ....... .....
WORK PHONE . (508) 543-0350 .
EMPLOYER NAME New England Revolution
EMPLOYER ADDRESS 60 Washinaionn~~;~et
" _n,",,<>
JOB TITLE/POSITION General Manager of
.... -~ ., _..::;- - ,
DATE EMPL<>YMENT COMMENCED on or about October 1. 2000
GROSS PAY unknown:
NET PAY ... .
unknown ..
OTHER INCOME ..
none known
.
ATTORNEY'S NAME Maria Cogrietti, . Esquire
ATTORNEY'S ADDRESS ~10 G~f~~vi~~ Ay;~';1~' Suite 102
ATTORNE'!' SPHONE NUMBER (717) . 909-4060 '.
MAARIAGE INFORMATION
~ .
DATE OF MARRIAGE October 9, 1999 .
P~CE OF MARRIAGE Mechanicsburg, Pennsylvania
::lATE OF SEPARATION April 13, 2000
ADDRESS OF LAST MARITAL 4 Buttonwood Court
HOME Mechanicsbur,g, PA 17055
..
DESCRIP~ION OF DOCUMENT Petition
RAISING APL CLAIM
DATE A?L DOCUMENT FILED December 14 , 2000
. ..~~._~~..-..--_.-
VERI FICA TION
I verify that the statements made in the foregoing Plaintiff's Petition For Alimony
Pendente Lite are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to
authorities.
Cb.7!454
Erin M. mith
DATED:
/~ks/IJD
/ /
JL
CERTIFICATE OF SERVICE
1 hereby certify that on December 14, 2000, I, Jennifer S. Lindsay, secretary to
Michael A. Scherer, Esquire, did serve a copy of the Plaintiffs Petition For Alimony
Pendente Lite, by first class U.S. mail, postage prepaid, to the party listed below, as
follows:
Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
310 Grandview Avenue, Suite 102
Camp Hill, Pennsylvania 17011
I;'
II
~".i
.;".' "
I..
~
,
..;- > (']- ;;\"~i
ii
:J
ERlN M. SMITH
JN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Ii
I
,
,
,
I
I
v.
S. TODD SMITH
: NO. 2000-7489 CIVIL TERM
':i
ii
,
t'!
[I
!i
:-1
,
,
ORDER OF COURT
I:]
ii
fj
i
AND NOW, this 17TH day of JULY, 2001, upon consideration of the Petition for
"j
!
Special Relief and the subsequent pleadings in response thereto, a hearing is scheduled
,-,
.i
"
.'
,
Ii
i'
:i
for Wednesday. AUl!ust 8. 2001. at 2:00 p.m. ih Courtroom # 5.
,
Maria P. Cognetti, Esquire
For the Defendant
ro(<1.'O \
V f\-\
Michael Scherer, Esquire
For the Plaintiff
:sld
~ - .
:Jt~.'_,_",;._,L_-i,
__. -~o,.' ".,-"'~
""oo,.,,L~,,~,~,,~~,,,~,,,,.,&",,,~,,,~.,~,,,~~,">,~,"~,,,, "",;L ,.1..."",,,,.
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney 1.0. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephoue No. (717) 909-4060
Attorneys for Defendant
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7489 CIVIL TERM
S. TODD SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this day
of
,2001, in consideration of Defendant's Answer
to New Matter it is hereby directed that the marital residence, located at 4 Buttonwood Court,
Mechanicscburg, P A, be immediately listed for sale.
BY THE COURT:
J.
-
---
L
~,~~:ri'ic~-""'"""""'--""""""'<,""~-~~-=""-~""~"""'"""'--~ ,.,..~~.~.",<.~I~-~... -=-
., i _,'~"_~J_,""~._' ~___","-,_","~,".,~,,~> """,-,-L;.,.;...~,..
,_ -_~-'__~""'_o=-"",;.."-"*.,,,"".;...'.'"
,.,,,,",,""~,~~,,",,.,",,l,,... J, .
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
ERIN M. SMlTH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7489 CIVIL TERM
S. TODD SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO NEW MATTER
AND NOW comes the Defendant, S. Todd Smith, by and through his attorney, Maria P.
Cognetti, Esquire, and files the following Answer to New Matter and, in support thereof, avers as
follows:
I. Admitted with clarification. Husband ceased paying the mortgage as of March
2001 because Wife was the primary occupant of the marital residence, and had been so since the
date of separation. It was therefore necessary that Wife assume responsibility for payment of the
mortgage on the home. Wife, however, had not made any effort as of March 2001 to begin to
make payments.
2. Said information contained in this averment is strictly within the knowledge of
Plaintiff. Strict proof is demanded at the hearing. However, it should be noted that if Wife
received a correspondence dated May 9, 2001 informing her that Husband had not paid the
mortgage, it is clear that Wife made no effort upon receipt of this letter to begin to assume
liability for the mortgage.
""""'" . .-,,,~ '-',~-=' ,",'<<,,"
"",,-,..-,-,-,j;.
c_c. ,,-,.,,,_~..L,-_'__<":":'A"-'~__-";''''',,;c.o!o~,''=,~c'o!-<~'''L,''~_~__,,,""~.L.c;l""=""'i,..\<J--R"",,'''Jc",-,,j,. ,_~,_l,,-,,,_--,,,,_,,-_,c
-~'j,.
3. Admitted in part, denied in part. It is admitted that Wife refused to speak with
Husband regarding payment of the mortgage, however, it is specifically denied that previous
discussions between the parties involve nothing more than Husband harassing and threatening
Wife. By way of further answer, it has actually been Wife who has repeatedly hung up the phone
on Husband when he has attempted to contact her in order to amicably resolve this situation.
4. Admitted with clarification. It is admitted that Wife agreed to begin making the
monthly mortgage payments beginning immediately. However, prior to Wife agreeing to make
these payments, there was also an overdue balance of mortgage payments due which totaled
$3,818.13. Despite the fact that Husband has not lived in the marital residence for over a year,
Husband paid this balance in full, in order to avoid foreclosure on the property. In order to pay
this balance, it was necessary that Husband borrow funds from his employer. Husband, through
Counsel, requested that Wife repay him this balance immediately, however she has refused. In
addition, Wife only "immediately" agreed to begin making said payments after Husband filed his
Petition for Special Relief. At no other time prior to this filing did Wife make any effort, whether
through Husband or his counsel, to assume liability for the mortgage.
5. Denied. It is specifically denied that Husband's petition for special relief is moot
as a result of Wife's agreement to pay the mortgage payments. By way of further answer,
regardless of the fact that Wife is willing to make said mortgage payments, there remains the
question of the initial overdue balance, which was paid by Husband. Husband made these
payments due to Wife's abject failure, in the past, to assume any liability for the residence.
Therefore, Wife must repay this balance to Husband and has not done so. As a result the Petition
still remains valid.
--
-
~,W'~ll
;:~{"I.~~"_~,~",==,,..J
_.
.. -
,ll_.._.,--,_;l..o,.,.. ",' ,';" '",_ 'o'_''---_L""','lL."..."..C~~ '"'_~",,'-_",''-'-'.,=--='="'-~~''''''''O'._'',,_"IlIk'''~''''''''''''"~'''''"'"_'_,~.'''I,'c "",.b=,-"-,>",-,,,,-,_ '''C','''.''., .",,_-1- "o-~,-".'.i<-L'~'-_-._"--' "_ ,I c'
6. Admitted in part, denied in part. It is admitted that Wife has filed a claim for
equitable distribution in this matter. However, it is specifically denied that the disposition of
the marital residence is a matter that should be decided by the Divorce Master after careful
consideration of all of the factors in this case. By way of further answer, Husband borrowed
money from his employer in order to cover the overdue mortgage balance. Husband needs to pay
back his employer as soon as possible, so that the employer will not have to wait until final
resolution of this matter-which will occur at an indefinite date in the future.
7. Strict proof is demanded at the hearing of whether daughter will be forced to
change schools upon the sale of the residence.
8. Denied. It is specifically denied that listing the property for sale would create
numerous additional issues. By way of further answer, listing the property for sale would actually
create less issues as there would not be a question of the mortgage payments. In addition, selling
the property and dividing the proceeds between the parties would allow the parties to be able to
work toward resolution of this divorce action.
9. Said information contained in this averment is strictly within the knowledge of the
Plaintiff. Strict proof is demanded at the hearing.
10. Said information contained in this averment is strictly within the knowledge of the
Plaintiff. Strict proof is demanded at the hearing.
11. Said information contained in this averment is strictly within the knowledge of the
Plaintiff. Strict proof is demanded at the hearing.
WHEREFORE, Husband respectfully requests that this Honorable Court grant his Petition
requesting a sale of the marital residence. In the alternative, should the Court order wife to pay
~ -,~l~~'..ie'~;"t!$:'= -n~..""'''_~'''''-~''l:\;.''OI<'j~ ~",J,.-.~",,,.
--.------
- --<-
__ ,~L,~~__~ ~ kc,_,,-,'
.- ,--",j,'-'
HLLo_'"".,
. '. '", 0'.,", ~',,~,,-_ ".."",-,~",".",-~~,,-_, ,,",,.',,Iil',,,,\clh.,,.c.!'''''.,,,",;,,,,-,,,,,,,,~, ,j""._,;;"J"!"~",-,,l,_ ,_.""_ "',", ,_ ." c, ""
_-."..,.k_~-, , '
the mortgage payments, Husband respectfully requests that this Honorable Court direct that Wife
forward to Husband immediately his reimbursement for payment of the overdue mortgage
balance, which totals $3,818.13.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: July 10,2001
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
,,~
'~llI!!
~,~....;.,;. - ~"o.""'''-~~''''''''''''6.,tl
.- d_ i."" 7.1. ~~ll;""t.-"""",..m..__,_~t~~,.""~I''''''''L_"",,,,,,'''~~~
-,
-,..
~ ,-'_,,",'- L ~'_O"'".'~'
. L
,_,,',.,,",c"_";; ,'~;",,-;'~,b "'LL~""";"'-''''_''''-.!''"*~'''';,'-",~''''''",".o.i-"-""I''___'o,,l,._,:.--,,;.,,-,~.,. ,-",.C. _,"''0.",_"".,,- "0-.-_" ;"'" -" _ ,----'-'-'L___.'
VERIFICATION
I, MARIA P. COGNETTI, ESQUIRE, hereby verify and state that the facts set
forth in the foregoing document are true and correct to the best of her knowledge,
information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn verification to authorities. This
Affidavit is being made by the attorney for the Defendant because same is outside the
jurisdiction of the Court and verification cannot be made in the time allowed for the filing
of the foregoing Answer.
7fro! Dr
Date:
-
"L_. ,.O~ . ~;~ .~ -. "~"' c~"""..~""-""__"-----,-~L'~L-_,~~,~,,,",,,_"'-_-",,,.,,,,'_"'~'-_""_'''k''',"-~_'----""'-_-'--",''''''~b''''d''~''''''';'' ;;;".';",.;k! ,-,,',d-L ",,.,L,,,,=-,,,,",_,.,,, ,',- _0.-''' :,' . ~- -'""""":,,, -" ,_- _eel
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this
date I served the foregoing Answer to New Matter by depositing a true and exact copy thereof in
the United States mail, first class, postage prepaid, addressed as follows:
Michael Scherer, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
MARIA P. COGNETTI & ASSOCIATES
Date: July 10,2001
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA l7011
Telephone No. (717) 909-4060
Attorney for Defendant
....
~~~ '~:_: :W~j,-<>OOJ:~~~l<!;"''''''
-
-",,~,,_,~ _~,l-"""~,"",,," .,..,~~_"."..I
------
..
I,
-I
L
'.
ERIN M. SMITH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
Plaintiff
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
Stipulation and Agreement, it is hereby Ordered that:
1. Wife shall pay husband the sum of $2,263.13 within ten days of today's
date.
2. The sum of $1 ,555.00 shall be credited towards the arrears on husband's
alimony pendente lite Order at PACSES # 442102947.
3. Wife shall make all mortgage payments relative to the property at 4
Buttonwood Court, Mechanicsburg, Pennsylvania beginning June 1, 2001 and each
month thereafter pending further Order of Court unless otherwise agreed to in writing by
the parties.
4. The marital residence shall not be Ordered to be sold at this time.
Edward E. Guido, J.
Maria P. Cognetti, Esquire
Attorney for S. Todd Smith
:d,OI
~v'
~ cr.
Michael A. Scherer, Esquire
Attorney for Erin M. Smith
;i
II
"",
''''.
"';"-'-";;
.-
'';''-iid' ';'-I:Iliil'~
-.
ViN''d/ClASNN3d
A1.r,jr;C() "r,(~I-f:)~:ri"Jno
9~; :~~ ro:~d gZ ~~I~J fr'
Ai:)'/LC;\
. . - ., ~ -0' .~'.'
",~ , '.' ,,- .",
,~,." "--,
.~ 0'--'"
:- -;,-, I
I
..
, ...
..,
I.
M
,,-;
,I
, _.,,-. .-r ",.~<_,-,. _'" ,__" ~~~%
'"
~.
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
STIPULATION AND AGREEMENT
THIS AGREEMENT, made the year and date written below, is entered by and
between Erin M. Smith (hereinafter "Wife") and Sigmund T. Smith (hereinafter
"Husband").
WHEREAS, Husband filed a Petition for Special Relief on or about May 29,
2001, seeking an Order directing the immediate sale of the marital residence located at
4 Buttonwood Court, Mechanicsburg, Pennsylvania (hereinafter "marital residence");
and,
WHEREAS, Wife thereafter answered the Petition, and the Court set a hearing in
the matter for August 8, 2001; and,
WHEREAS, the parties have reached an agreement relative to the disposition of
Husband's Petition for Special Relief.
NOW, THEREFORE, in consideration of the mutual promises of the parties, and
for good and valuable consideration, the parties covenant and agree as follows:
1. The marital residence shall not be ordered to be sold at this time.
2. Wife shall timely make all mortgage payments beginning June 1, 2001 for
the marital residence pending further Order of Court or written agreement of the parties,
I,
'I
'I
"-,,,--,,--
3. Wife shall pay Husband $2,263.13 within ten days hereof, representing
the difference between what Husband paid to the mortgage company for delinquent
mortgage payments ($3,818.13) and the arrearages presently owed to Wife by
Husband on the alimony pendente lite Order ($1,555.00).
4. Husband's alimony pendente lite Order shall be credited $1,555.00 at
PACSES # 442102947.
NOW, THEREFORE, the parties intending to be legally bound hereby, affix their
signatures below this 7d\r..day of August, 2001.
Q ~
~)r?, ~
Erin M. Sml
.
~~~
Michael A. Scherer, Esquire
mas.dir/domestic/divorce/esmithstip.wpd
JI
J,""_-",_",,,,.,,"~.c-_'_"~,,"',L"'""'-'=""""'.._,e,,h,~....,,~,,,,,h~'-="-""Co"~-,"~~-"o-_"""'_','-"""c""'"",,,,""''''''''di"<;,,k~cc....,,,,,.''';''IJ",,,,,:,.L_o_.3,--",,",__,
"
JJ
AU6 2 8 2001
MARIA Po COGNETTI & ASSOClA TES
Attorneys and Counselors at Law
Practice Limited to Matrimonial Law
Maria P. Cognetti*
Attorney at Law
Karen A. Sheriff
Paralegal
*Fellow, American Academy of
Matrimonial Lawyers
Christopher T. Zweifel
Paralegal
August 22,2001
The Honorable Edward E. Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
RE: ERIN SMITH V. S. TODD SMITH
DOCKET NO. 2000-7489
Our File No. 118
Dear Judge Guido:
Enclosed please find a fully executed Stipulation and Agreement in the above-referenced
matter which resolves my pending Petition for Special Relief. Once the Order has been signed
could you kindly direct the Prothonotary to conform and certify my copies and return them to me
in the self-addressed, stamped envelope provided. Pursuant to your local Rules, I am also
enclosing an addressed, stamped envelope to the Plaintiff's attorney, Michael Scherer, Esquire.
Thank you for your attention to this matter. Should you have any questions, please do not
hesitate to contact me.
MPC/kas
Enclosures
cc: S. Todd Smith
Michael A. Scherer, Esquire
210 Grandview Avenue, Suite 102 . Camp Hill, P A 17011
Telephone (717) 909-4060 . Fax (717) 909-4068
Email CoguettiLaw@aol.com
""-
,-......
- -"!,"IliJ!IIi:i!l~~'o;I<l'!ll'-""'~,."...J.. --'-'11m ___~,....,.,,,,,,,~._,~;..,,,,,,,,.,,,,,,,,,,,<,,<..,,...~,,..,,,~<J,,,,=~.~,~
" -~-~-
. ~- ".
~- b - ,-,.."_"-":,a_""""=__-"C""_"".J,,,,",,,,,,,,,,.,"~~,,,,.~,,,",--,d-""''''''''"'''''fuii~~'-'''''''..J.'''''''-''k2~t''-''-'''''k~~~"'";;,\",=_;,_""",_",~,-"~,,_,,,,,,, ,., c." _<:,,",.1',.,,,-,,,,,,,,,,,,,'_;;.1.: :,_'.__~"" _-,-,~_",_,L_.J,~"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS:
ERIN M. SMITH.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
SIGMUND T. SMITH.
NO. 2000-7489 CIVIL TERM
Defendant
MOTION FOR APPOINTMENT OF MASTER
AND NOW, j\)() rr..n 15 ,2002, comes the undersigned attorney for the defendant
and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to
be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are
at issue between the plaintiff and the defendant:
(X) Grounds for divorce; (X) Alimony Pendente lite,
( ) Support; Counsel fees;
(X) Alimony; ( ) Paternity;
(X) Equitable distribution of ( ) Custody;
property; ( ) Other
Service of the complaint was accepted by the above named defendant ou November 7.2000
An appearance on behalf of the defendant has been entered by Maria P. Cognetti. Esquire
. The following attorneys have been interested in other matters arising
between the plaintiff and defendant: None.
Contest
indicated.
,
;U
AND NOW, /ntY--fA'.h/1 .2002, {I~A/~-(i
, Esq., is hereby appointed Master in this proceeding to hear the testimony and return the record and a
transcript to the Court together with report and recommendation.
~
C q_OZ
() ')' \
BY THE COURT:
In.
..
'" ~~. ~~' -"'.-~
-
~..""""'--
_I
'/1> i;,l"'f("\\l/>.Ii!
\ il\J'/{U/\,,),l\jll.:::](i
AJJ~!n3~i :r'j1, . r-"r;
i U-~OI
J.ti\ll(~,;'
b
':"rI'l
"1,-"
L>=;:.J (:Ll
Ii::
o
~
-<-
-or5:!
('"11fT'
2X
21;,
~2;;
~C)
.~.-.,
z-t.,_<
"~c,
)>c:
:2
=<!
ij
--,., ~- -"
....,- ~~.
"~i_'."."--;;'~~'<K_
c:,-::
f'-,)
('")
--1,
':;':0
(~.
--
~-c1
~~2, (--c)
~;--c
~.j
::<
~:?
\"
'----b'C,'''F'',-,,''.'-' -lIili
. I
,I
I ,I
~ .-
=
"',~ ~';;"'''1li
ERIN M. SMITH
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
SIGMUND T. SMITH
: NO. 2000-7489 CIVIL TERM
ORDER OF COURT
AND NOW, this 22ND day of APRIL, 2002, Defendant's Petition to Terminate
Alimony Pendente Lite is referred to the Support Master to schedule a hearing thereon.
By the Court,
Edward E. Guido, J.
-1\1ichael Scherer, Esquire
For the Plaintiff
7
(' o-plw {fJo.JJ..
LOq-:llJ-02l"RYx.S
..Maria Cognetti, Esquire
For the Defendant
:sld
])~
/fJ,"tltAt..L "Ra,,/ILI Ut//.
_ C.4P'/ "~J-(}J.
.sud' $'))
,;~.:... .......,&~~~~1W!~~~isM;iilr,g);f1I:h;;lli-;*~~n",..;,L .; ,\:;-~,..;''''''' "',','
L.lSt:i:b.Li1.lJ1i1
V!l\rVJ\l.!\Si\lr;p~i
f "lr"-' ~', .",' ,-' ~., ,-1'....
f\ r I\~' I" j' 1 I .~-J,j ~;"r"'C::l!1'''\0
~ " " ..'", '. ' : ' 'I,':~-"~Ii ~I ,iJ
6U:i Hd
"G'" "~ '"
, C" ...-' , .... ~ i
~.' 'U 1."_.>
L__.
.~ - .~. ."~~,~
L
_ b.
_'i;:__~':j
,
'"
. , .1,.. ,,>C." .,., .., ,~..~ ~""~,,",,.L,,,,,,,"",B"d',
",----'"<'''-',,~-,,. """,,,,".;~....'.; "'.fd,
^ ,-l,-~',' ,"
.
.
ERIN M. SMITH,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
ORDER
AND NOW, to wit, this_day of
, 2002, upon consideration of
Defendant's Petition to Terminate Alimony Pendente Lite it is hereby ORDERED AND
DECREED that a hearing be held on the _ day of
, 2002, at _o'clock
_.m. in Court Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT:
1.
-
~~'M:~_V __ ~itJ; iii it - <~~""""""''''''~,'''''T""",,,~,,,,,,,=,,,-,,_,="~,.....J~_
,- -
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
PETITION TO TERMINATE ALIMONY PENDENTE LITE
AND NOW, comes the Defendant, Sigmund Todd Smith, by and through his attorney,
Maria P. Cognetti, Esquire and files the following Petition to Terminate Alimony Pendente Lite,
and in support thereof avers as follows:
1. Plaintiff is Erin M. Smith, who currently resides at 4 Buttonwood Court,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Sigmund Todd Smith, who currently resides at 2 Olde Tower Lane,
North Attleboro, Massachusetts.
3. On January 30, 2001, the Court ordered Defendant to pay the sum of six hundred
twenty-two dollars ($622.00) per month to Plaintiff as alimony pendente lite.
4. Defendant believes and therefore avers that his alimony pendente lite obligation
should be terminated for the following reasons:
...
-. <Il>""
~'~~M>""I~,..........-,...;J
..
~,-~
"','",,,:
A. The parties were married on October 9,1999 and separated on April 13,
2000. This is approximately a six month marriage. Since the entry of the Order, Defendant has
already paid alimony pendente lite for a period that is more than double the length of his
marriage.
B. Plaintiff, by her actions, has impeded the progress of the divorce
proceedings in this matter so as to prolong her receipt of alimony pendente lite.
5. Defendant believes and therefore avers that it is by his actions and only his actions
that this matter has proceeded at all.
6. Defendant believes and therefore avers that Plaintiff's alimony pendente lite
should be terminated immediately.
t
WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order
terminating Plaintiff's alimony pendente lite.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: April 9, 2002
By:
ih
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Defendant
--
...__~__ '~~~"" I ......':iI:-!"--UU~d"- "'""",W"--:Wl~_,__~.' ,.......J
VERIFICATION
I, MARIA P. COGNETTI, ESQUIRE, hereby verifY and state that the facts set
forth in the foregoing document are true and correct to the best of her knowledge,
information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.SA. S 4904 relating to unsworn verification to authorities. This
Affidavit is being made by the attorney for the Defendant because Defendant is outside
the jurisdiction of the Court and verification cannot be made'
Date:
y f 1 (0 d-
-
~-,- ---=-'~~- .~""~ .~
~..,.,-
.""'''",,"'., "~'=' ==-,=_~.....J
-
"c___'c_o-c_o"_c_,_c_,,
""-,'.,,,
\\Ntsb\family law\Client Directory\Smith-Todd\pleadings\CERT.SER.wpd
4/9/02
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Petition to Terminate Alimony Pendente Lite by depositing a true
and exact copy thereof in the United States mail, first class, postage prepaid, addressed as
follows:
Michael Scherer, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, P A 17013
MARIA P. COGNEll'TI & ASSOCIATES
Date: April 9, 2002
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA l7011
Telephone No. (717) 909-4060
Attorney for Defendant
-
-
J;!j1!l!mi "~,~~. '~"-~ >-~-.. t _.Il~.ii"',>.L. fYI2>r,-"_,,,,,,-,,,~","~'''''''''''~~_-G',,c-...,..J.
--=-1
" "
.
._~, ii,
~--~'-;O'"
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
SIGMUND T. SMITH,
Defendant
IN DIVORCE
NO. 00 - 7489 CIVIL TERM
ORDER OF COURT
AND NOW, this 28th day of June, 2002, by agreement of the
parties, the order of alimony pendente lite entered January 30, 2001, is
terminated effective June 20, 2002.
By the Court
Edward E. Guido, :.I.
CC: Erin M. Smith
Sigmund T. Smith
Michael A. Scherer, Esquire
Maria P. Cognetti, Esquire
DRO
j;'j
"'.I.='~\,~~~.*,'i'1ii'J!f!\iTh~",,-j~~
~-jM-"~l_i.i;!l~~M''!dil!l'''!>'~''',-;!~~( "- l~
~" ._--,=,
~~~~, '~in'
1'1<:
2 c::> 0
~......, -n
S. , ..-,
-ot1J c: :~?!
rn no', :;.1:
~,~.. 1'.) 89
co <')0
_:,~-r:
~ v 4j )'';:8.
'< -....
~~:c --,\. -:~M
::=-(; ~ u
'PC: "'-'.
-
? ')1 :D.
~ ,0 -<
_ t_., _:, -' _ ~_,' ___,--,-_~_ _ ~"__:__~~ ,.i-,-,,~_~"_ :.l.~__" _;_,_""",,,~-,-,--,,-".c::.,L"'=.L,.;.L-=-,,,,",_,,"",~^,,,,,";.;.,,,~,",,,, ""'-"""",~".~,L,o_~""""-'-'-"ci._"~~,,~,, ; ,_" _, ,.."",I___",,,,k;-.;,,..;,~,,,",,,,,--,,,,,-,,,,_,;,," ",",,_"_,,"",~~_~~"__'" 0 '___.1 _ " ,.
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
CampHill,PA17011
Telephone No. (717) 909-4060
Attorney for Defendant
,
ERIN M. SMITH,
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree of Divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Defendant. 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 counseling. A list of marriage counselors is available in the office of
the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
~~J~
.! ~~-----~
~ll<ai~W--"<--'=,,,,,;~,,,,,,,,,,,,~ ~
~', ,,~__, ".'...~ ,~.~,_.,"~"~'_n'...J~
I _-~~_
-__" ~_, ,-_,,"~_ ,Ct__- ,~- ';-<-_"""""'';'-'''''' ,_ ~,~"-"b,"~,","",,,_,,,,=,,',,~L,';.,~,,__..:__,,,~,,-s>,",,,-,,,-,,'-'-l.-,=,--,=-,,,,!i;,,.'L'",,;'0-''''',''-1.'_'-' ,"'
, _, I"<>~,d",~,-",--d""",,,""_~-"",,,~_ _,_- ~"''''_-~:"-',,, ,i-2,L'," '., ,---,,0' L '_,,_:co"
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
CampHilI,PA17011
Telephone No. (717) 909-4060
Attorney for Defendant
ERIN M. SMITH,
v.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2000-7489 CIVIL TERM
SIGMUND T. SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S ANSWER AND COUNTERCLAIM
TO COMPLAINT IN DIVORCE
Defendant, Sigmund T. Smith, by and through his counsel, Maria P. Cognetti &
Associates, files the following Answer to Plaintiff s Complaint in Divorce:
1.
2.
02760.
3.
4.
5.
6.
7.
8.
Admitted.
Denied. Defendant resides at 51 Huntley Road, North Attleboro, Massachussetts
Admitted.
Admitted.
No responsive pleading is required.
Admitted.
Admitted.
Admitted.
" 8~-~mJ
~i&,,(
.._..-.....,,-"",..... ,~-_~c"".:s,~""'~"~"'_"""",,J_~~ '......... -
-_.
~u~
_ _l~______
-;",.-",,,,,,,1l<__"-':,,_k.---,,-,_,",,",,,,'-"-'';'_-''_;'~2'"''
d,,;,,-.,",~~,-,,-,", .....~~,',,_ ~ -~_'--''-'---'-,~.''',_C"'__''h''',i'"'.. """J,."I'I_,,,-,,.L,,-"-_,..tl,~, ~~"'~~,," e:~,,__,X,
'L",;'~,_~,_"
9. No responsive pleading is required.
WHEREFORE, Defendant, Sigmund T. Smith, joins in Plaintiff's request that this
Honorable Court enter a decree in divorce.
COUNT 11- EOUlTABLE DISTRIBUTION
10. No responsive pleading is required.
11. Admitted.
WHEREFORE, Defendant, Sigmund T. Smith, joins in Plaintiff's request that the Court
enter an Order equitably dividing the marital property of the parties.
COUNT III - ALIMONY AND ALIMONY PENDENTE LITE
12. No responsive pleading is required.
13. Denied. It is specifically denied that Plaintiff is unable to pay the necessary and
reasonable attorney's fees she may incur during the pendency of this action. Strict proof thereof
is required.
14. Denied. It is specifically denied Plaintiff is unable to sustain herself during the
course of the litigation. Strict proof thereof is required.
15. Denied. Plaintiff does not require reasonable support to adequately maintain
herself in accordance with the standard ofliving established during the marriage. To the
contrary, it is Defendant's belief that Plaintiff is currently employed and is receiving child
support which provides her sufficient income.
~\i::'::
'," ~""";-~'-'~_~IrnQ}""""-,,,,~^,,---
',T__~ - __~""~.~~,,,_,__~,~_ L
_ . _', ""o...Lc__'"""=-'~_=~.-"-'-"'" "_""'_,,'" ~,~":L-,,,,,~",,--=~_i,,,-_,",_~.~ ~""'''-''.'~'-;;''''''-;''''''''-'~'""''''''"''='''''"''",",-,.,,,,-..\,,, __",_,,,-,, _",-,,:t "-,,,1=,~: ,--'-----",u,_,__'-_, -
_",,-.t',
WHEREFORE, Defendant, Sigmund T. Smith, requests that this Honorable Court deny
Plaintiff's claims for alimony and alimony pendente lite.
COUNTER CLAIM
COUNT I - DIVORCE
16. Paragraphs I through 15 of Plaintiffs Complaint in Divorce and Defendant's
Answers thereto are incorporated herein as if fully set forth.
17. Defendant avers that the grounds on which the action is based are as follows:
(a) That Plaintiff has offered such indignities to Defendant, the injured and
innocent spouse, so as to make Defendant's condition burdensome and life intolerable;
(b) The marriage is irretrievably broken;
COUNT II - ATTORNEY'S FEES AND COSTS
18. Paragraphs I through 17 of Plaintiff's Complaint in Divorce and Defendant's
Answers thereto are incorporated herein as if fully set forth.
19. By reason of this action, Defendant will be put to considerable expense in the
preparation of his case in the employment of counsel and the payment of costs.
20. Defendant's income is not sufficient to pay his attorney's fees and the costs ofthis
litigation.
M;.I!Ii!Ii.......... ~
"""""- ~ ~_.~-
_~ ~~ _ ~~,,,,~...-.-,,_~=__-J
^ -,
--
L."_".o..- -"-~"' _'_'_-'--"""-'" ,-"~o~__-"""-~,I._~_~",,.-o:.....,,,,"_:'""-'''--~,~," 'U^_":~,,,,o,,,,,,,,,,,,_~",,,,-,,~~~,.,,,-~...J,,-,-,,,,__'"'''' ,--"..;J.~o~_b,~~",,-,_;,_ "": __I'
21. Plaintiff has adequate earnings to pay Defendant's counsel fees, costs and
expenses.
WHEREFORE, Defendant requests this Honorable Court:
a. Enter a decree of divorce;
b. Grant Defendant's attorney's fees and costs;
c. Grant such further relief as the Court may deem equitable and just.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: December 19,2000 By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
.~2'~ \.!!W'..J,; L! ~~~-'~-""""~"'- ~..;'>-~'1\'g-~~ri1"'~-~"~~--'-~~j!""'''''''''''-'''~;JJrnc-,,,,''~,~Ejm:""""'h.J~"""='r-'~ ,~ "';'S>---'"
, ~.
~".~
L_-=-_.:.,_,___'_'~___
,.h, ','__ob:'C
_,---,-o!-""",-=>-,,,,,'~e--"'=b~-='.--"""__'''-''',,,,,,,;..,^.l..':'2.,,,_~,,,""-,ill,,
"".,J.,,,,;;b.,,,,,J="'-.l,"''''--_
"""",,,.1,,, ,"l."~~," ~'..." ,
, ;, ~----
VERIFICATION
I, Sigmund T. Smith, verify the statements made in the within document are true and
correct. I understand false statements herein are made subject to the penalties of 18 Pa.C.S.
94904, relating to unsworn falsification to authorities.
~~ ~ - (~
SIG D T. SMITH
Date: December~, 2000
~:;.;i.~ ,
" ~--
""'--"..
-~~."j.="'-=""'''''~'''"''''''''''''''H'''''~~~"'""''=>''-- =...J
'.
--
_I..
..,,--,--~~,~'- ,_,,,,tL~,~i ,,"''='''-,_ ~"~'~'-~~'''~'":"~",sL,"",,,,-,.,,~,,=,;,,, ,,~_"_, """",,,-,,,,-,,==-="'~L,,~,,_,"j~,,;,",,',"",,",TI~~"'-=, _ _0_ ;-L",,>,J""1ill~h;, =~-""'-'_~""-,-:,,,,,,,,,,,,,,,W,,,,'h-,~L"', _ ~,-,-' 1_
,_,_1,_
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, hereby certify on this date I did serve the following individual in the
following manner with a copy of the within document:
Service Bv First Class Mail:
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
MARIA P. COGNETTI & ASSOCIATES
Date: December 20, 2000
\...
By:
MARlAP. OGN ,ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
...........
.'" ~~
""""_""'_ja€" t.lll-
~~-:::'L:'7
"d_'~Jl.~__',~~~~",d_,........~~,-
--~-_.. '
, - .."
. --~
"I~ ~"b_'.' "'''_" H'_ "-,,:' -~ _ .:-_:" .,~_, ~, _,<,'
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
ERIN SMITH'S PRETRIAL STATEMENT
PURSUANT TO PA.R.C.P. 1920.33(b)
The parties were married on October 9,1999. Wife is 35 years old. She suffers
from Hemalitic Anemia, which became acute in 2001. She was hospitalized for over a
week, and was,unable to operate a vehicle for approximately two months, and as such,
she earned only $6,300 in wages in 2001. She continues to treat with Albert Leal, M.D.,
and her condition is now stable.
The parties have no children together, however, wife has two children, Jackie,
age 7 and Natalie, age 4 from a prior marriage. Husband left wife on or about April 12,
2000, and did not tell wife where he was going or if he was returning. Wife read in the
newspaper that husband had accepted a position in Massachusetts and thereafter
assumed he would not be returning to the marital residence.
1
- ,~-
,"-, ' .--, "'-~j;
1. Assets:
(I) Marital assets
Valuation
Asset Date
A. 4 Buttonwood Court
Mechanicsburg, PA Present
Value
235,000
A lien exists on the marital residence in the amount of approximately
146,500. Wife gets credit for making the mortgage payment from March,
2001 to present. Wife will sell the marital residence, which will establish
the value for the residence.
B.
2000 Chevy Venture Van
Present
None
Husband insisted that wife trade in her Ford Explorer on a Chevy Venture Van
on March 30, 2000, two weeks before husband left wife. Wife owned the
Explorer individually and there was no lien against it, and it was worth
$7,000.00. OThe Chevy Venture Van is in joint names, and wife pays
$322/month for it. A payment of $14,775 is due March 30, 2003 on the vehicle.
C. Tangible personal property: Wife bought microwave, refrigerator and stove
prior to the marriage. Wife's grandmother bought her a living room chair after
the marriage, and the parties purchased a couch for the living room and two
cherry tables, which are marital property. Husband removed nearly all of his
premarital items.
D. Jewelry: The engagement ring is not marital property. The parties have their
wedding bands, which are marital property. Husband bought wife Higashi
pearls, which are marital property.
E. Increase in value in Husband's HERCO 401k: Husband needs to supply a
statement for this asset.
2i
, ,,~
''-'','n" ,~_ """,>J~
C" =, __~
'",nr':-.,
(II) Non-Marital assets
A.
17 Ashburg Drive
Mechanicsburg, PA
Value unknown
This townhouse was purchased by wife on May 12,1999 for 105,500.
There may be some small increase in value during the marriage, which
would be marital.
B. Wife's Janney Montgomery Money Market
Present balance is approximately $3,300 There
was no increase in value in it during the marriage.
C. Wife's PNC checking account: Present balance is approximately $2,200.
2. Expert witnesses: Wife may call an appraiser relative to the values of any item
of property which may be in dispute.
3. Witnesses:
A. Wife
B. Husband: As on cross-examination.
C. Elaine Zellars: She worked with husband at HERCO and her relationship
with husband was a major disruption in the marriage.
D. Robin Zellars: He contacted wife and informed wife that husband was
having an affair with his wife, Elaine Zellars, and asked for information and assistance
from wife to prove the marital misconduct in the context of the Zellars divorce.
E. Jeff Park and Sharon Park: They are mutual friends of husband and wife.
They would say that wife was a good mother to husband's child, Drake, and that
husband ran away from wife and her children.
F. Hugo Adelson and Cindy Adelson: They are next-door neighbors of the
parties on Buttonwood Court. They will explain that husband was rarely at the marital
residence during the marriage and was rarely seen spending time with his child or his
step-children.
G. William Wishlad: He is the principal at Silver Spring Elementary. He will
testify that wife handled all of the educational issues relating to her children and
husband's child, Drake.
H. Darol Lain: He is wife's ex-husband, and will testify that wife included
Drake in all of the family matters which related to his children with Erin.
I. Delors Krebs: She is like a grandmother to Erin's children, and she will
testify that Erin did a good job as mother to Drake and included Drake in all of the
family activities as a child of her own.
3
"
,
- ""
_ "L ,~_""
'''--" -~,,--'''''''.J~-'-" -, ""0.., ,~" n' "h:
4. Exhibits: All of the documents produced in connection with the discovery
requests of husband.
5. Income: Wife earns $500 bi-weekly as a marketing representative for
Doubleday Farms.
Wife does not know what husband's current income is.
6. Expenses: Wife provided husband with an income and expense statement in
connection with her answers to husbands interrogatories.
7. Value of pension: Husband had a 401k with HERCO, and the contributions to
this account during the marriage are marital. Wife has no retirement account that is
marital.
8. Counsel fee claim:
counsel fees.
Wife believes each party should pay their own
9.
Tangible property:
See above.
10. Marital debts:
wife's van.
The mortgage at the marital residence and the loan for
11. Proposed resolution: Husband takes the position that this was a short
marriage and that factor overshadows all others in this case. Wife did not understand
at the time of husband's departure why the marriage failed, although she now has some
suspicions. In any event, wife has suffered emotionally and financially as a result of
husband's actions. Wife can prove now that she put roughly $10,000 into marital
assets, and believes she will be able to demonstrate that she put at least a total of
$23,000 into martial assets. Additionally, wife lost a $7,000 vehicle in the marriage and
faces a payment of over $15,000 in March, 2003 to keep the vehicle which replaced her
initial vehicle. Wife wants the marital assets to be split equally between the parties.
Date:
~. ~. 07-
O'BRIEN, BARIC & SCHERER
~U~
Michael A. Scherer, Esquire
I.D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Erin M. Smith
4
-
.--
L> __ ~-~' "_ ;', '
~'~ .,."""..
'>,__,'___F"
~i'C
CERTIFICATE OF SERVICE
I hereby certify that on June 3, 2002, I, Jennifer S. Lindsay, secretary to Michael
A. Scherer, Esquire, did serve a copy of the Wife's Pretrial Statement, by first class U.S.
mail, postage prepaid, to the party listed below, as follows:
Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, Pennsylvania 17011
~~,~~
Form 1 040
.
1--
-
I ,~....;I
_L I
~.-.
"""".
~~t
Department of the Treasury - Internal Revenue Service
U.S. Individual Income Tax Return
1(99)
IRS use only Do not write or staple in this space,
For the year Jan 1 - Dec 31, 2001, or other tax year beginning ,2001, ending ,20 OMS No. 1545-0074
label Your First Name MI Last Name Your Social Security Number
(See instructions.) Erin M Smi th 169-42-1928
Use the If a Joint !=tetum, Spouse's First Name MI Last Name Spouse's Social Security Number
IRS label.
Otherwise, Home Address (number and street). If You Have a P,O.t3ox, See Instructions. Apartment No. .. ..
please print Important!
or type, 4 Buttonwood (1. You must enter your social
City, Town or Post Office. If You Have a Foreign Address, See Instructions. State ZIP Code security number(s) above.
Presidential Mechanicsburg PA 17055
Election
Campaign
(See instructions.)
Filing Status
Check only
one box.
Exemptions
If more than
six dependents,
see instructions.
Income
Attach Forms
W-2 and W-2G
here. Also attach
Form(s) 1099-R if
tax was withheld.
If you did not
get a W-2, see
instructions.
;
Enclose, but do
not attach, any
payment. Also,
please use
Form 104O-V.
Adjusted
Gross
Income
2001
~
No
b
Souse ........
~ Note: Checking 'Ves' will not change your tax or reduce your refund.
Do you, or our spouse if filing a joint return, want $3 to go to this fund?
1 Single
2 Married filing joint return (even if only one had income)
3 Married filing separate return. Enter spouse's SSN above & full name here. . ....
4 X Head of household (with qualifying person). (See instructions.) If the qualifying person is a child but not your
dependent, enter this child's name here ....
5 Qualifying widow(er) with dependent child (year spouse died ~ ). (See instructions.)
6a X Yourself. If your parent (or someone else) can claim you as a dependent on his or
her tax return, do not check box 6a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d Total number of exem tions claimed...............................,.........
7 Wages, salaries, tips, etc. Attach Form(s) W-2 ........,........."............
8aTaxable interest. Attach Schedule B if required,.". ""."..
b Tax-exempt interest. Do not include on Hne Sa . . .. ..........1 8bl
9 Ordinary dividends. Attach Schedule B if required......,............., ...,......,.....,
10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) ..
11 Alimony received .................., ..... ... , ..... , .. , .. ..... ... , .. , ..........
12 Business income or (loss). Attach Schedule C or C,EZ ....,............,......... _,.
13 Capital gain or (loss). Attach Schedule D if required. If not required, check here.......... . ~ 0
14 Other gains or (losses). Attach Form 4797 ...... ' , ... ... , ... , , .. ' ... ....
15a Total IRA distributi.ons.... ..I 15al I b Taxable amount (see instrs) ..
16a Total pensions & annuities ,[16;;1 b Taxable amount (see instrs) "
17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E ..
18 Farm income or (loss). AttachScheduleF....", ......... ..,......,..".,.........
19 Unemployment compensation......".,...............,...............,......
20a Social security benefits ;""... I 20al 1 b Taxable amount (see instrs) ..
21 other income ___ _ _ _ ______ _ _ _ __ _ _ _ _ __ ___ _ _ __ __ _ _ ___
22 Add the amounts in the far right column for lines 7 through 21. This is your total income. ~
23 IRA deduction (see instructions) ..... _ . . . . . . . _ . . . . . . . , 23
'24 Student loan interest deduction (see instructions) . , . . . . . . . 24
25 Archer MSA deduction. Attach Form 8853 . . . . . . . . 25
26 Moving expenses. Attach Form 3903 ....,.,...,., 26
27 One-half of self-employment tax. AttachSchedule SE........ 27
28 Self-employed health insurance deduction (see instructions).. 28
29 Self-employed SEP, SIMPLE, and qualified plans............. 29
30 Penalty on early withdrawal of savings .., 30
31 a Alimony paid b Recipients SSN . , ~ 31 a
32 Add lines 23 through 31a ............ ,....... , .., .....' ., ..,....... , .... ... , ...........
33 Subtract line 32 from line 22. This is your adjusted gross income .........
BAA For Disclosure, Privacy Act, and PapeRWork Reduction Act Notice, see instructions.
FD1A0112 12110101
c Dependents:
(2) Dependent's
social security
number
(3) Dependent's
relationship
to you
1) First name
Natalie A Lain
Last name
137-04-1970 Dau hter
1- No, of boxes
checked on
. . . . 6a'and 6b ..
_ No. of your
."..' children on
(4) if 6c who:
ChW~r~Y-~~ild · lived
tax credit with you . . . . .
(see instrs) . did not
X live with you
due to divorce
or separation
(seelnstrs) .
1
1
Dependents
on 6c not
entered above .
7
8a
Add numbers
.. ~~~~~~~:e . ..
9
10
11
12
13
14
15b
16b
17
18
19
20b
21
22
246.
6 531.
-561.
12,510.
12,510.
Form 1040 (2001)
,
~-,
, Form 1040 (2001)
Tax ana
Credits
Standard
Deduction
lor-
. People who
checked any box
on line 35a or
35b or who can
be claimed as a
dependent see
iflstructions.
. All others:
Single:
$4.550
Head 01
household,
$6,650
Married filing
jointly' or
Qualifying
widow(er),
$7,600
Married filing
separately,
3800
other
Taxes
Payments
If you have a
qualifying
child, attach
Schedule EIC.
FDlA0112 12110/01
Refund
Direct deposit?
See instructions
and fill in 68b,
68c, and 68d.
Amount
You Owe
Third Party
Designee
Sign
Here
Joint return?
See instructions.
Keep a copy
for your records.
Paid
Pre parer's
Use Only
'"~, nO<
~, -~~
, ,.-1
-
~~~,
~
-,....
E r in M Sm; fh
34 ,Amount from line 33 (adjusted gross income) ....,.....,...,..........."..............
35aCheck il: 0 You were 65/0Ider, 0 Blind; 0 Spouse was 65/0Ider, 0 Blind.
I Add the number of boxes checked above and enter the total here ......... . . .. ~ 35 a
b If you are married filing separately and your spouse itemizes deductions
_ or you were a dl:.laJ-status alien, see im:itructions and check here,......:... ., .
36 Itemized deductions (from Schedule A) or your standard deduction (see left margin) . . . , , . . . . . . . . . . . . . .
37 Subtracf line 361rom line 34..........................................,..........
38 If line 34 is $99,725 or less, multiplv ~,900 by the total number of exemptions claimed
'on Ime 6d. If Ime 34 IS over $99,725; see the worksheet in the instructions.. ............., 38
39 Taxable income. Subtract line 38 from line 37.
If line 38 is more Ihan line 37, enter -0- ,.......,..,............................. ..... . . . . 39
40 Tax (see inslrs). Check if any tax is from a 0 Form(s) 8814 b 0 Form 4972 . .... 40
41 Alternative minimum tax (see instructions). Attach Form 6251 .....' 41
42 Add lines 40 and 41 ....,.................. ..................................... ~ 42
43 -Foreign tax credit. Attach Form 1116 if required ............. 43
44 :Credit for child and dependent care expenses. Attach Form 2441 .... 44
45 'Credit for the elderly or the disabled. Attach Schedule R ..... 45
46 iEducation credit~. Attach Form 8863 ................""... 46
47 iRate reduction credit. See the worksheet .........,.... 47
48 !Child tax credit (see instructions) . . . . . . . . , , , , , , . , , . ' 48
.49 :Adoption credit. Attach Form 8839 .............. ~. . . 49 ,
50 !other credits from a .0 Form 3800 b 0 Form 8396
c 0 Form 8801 d U Form (specify) 50
51 ,Add lines 43 through 50. These are your total credits ,...... . .. .. .. .. .. .. .. . . 51
52 Subtract line 51 from line 42. If line 51 is more than line 42, enter -0- . ~ 52
53 :Self-employment tax. Attach Schedule SE ....,............................................. 53
54 Social securiiy and Medicare tax on tip income not reported to employer. Attach Form 4137.." ._.'........... 54
55 Tax on qualified plans, including IRAs, and other tax.favored accounts. Attach Form 5329 if required. . . . . . . . . .. 55
56 Advance earned income credit payments from Form(s) W-2 ..... .............. 56
57 Household employment taxes. Attach Schedule H ..... . ......... . 57
58 Add lines 52-57. This is your total tax ............. ~ 58
59 'Federal income tax withheld from Forms W,2 and 1099 59 909.
60 2001 estimated tax payments and amount applied from 2000 return ..... 60
61 a Earned income credit (EIC). ............................ 613
I b Nontaxable earned income. ... ..,1 61 bl
62 Excess social security and RRTA tax withheld (see instrs) . ... 62
63 Additional child tax credit. Attach Form 8812 . . . . . . . . . . . . 63
64 Amount paid with request for extension to file (see instructions) ...... 64
65 Other payments. Check if from ..... a 0 Form 2439
b 0 Form 4136.... _..................................... 65
66 Add lines 59,60, 61a, and 62 through 65. These are your
total a ments .........' ... 66
67 If line 66 is more than line 58, subtract line 58 from line 66. This is the amounl you overpaid. . . . . . . . 67
68a Amount of line 67 you want refunded to you...... ., . ........ ........................ ~ 68a
... b Routing number. .-j,. .. .. ... c Type: 0 Checking 0 Savings
... d Account number . '. . . . . .
69 Amount of line 67'you want applied to your 2002 estimated tax. . . . . . . . ~I 69 I
70 Amount you owe. Subtrpct line 66 from line 58. For details on how to pay, see instructions
71 Estimated tax enalty. Also include on line 70 . . . . . . . . . . . . . .. 71 I
Do you want to allow another person to discuss this return with the IRS:(see instructions)?........ X Yes. Complete the ~~lIowing.
Designee's Phone Personal Identification
Name ~Preparer No. ... Number (PIN) ...
Under penalties of perjury, I declare that I have examined this return and accompanying s!'i1edules and s;atemen~, and to.the best of my knowledge and
belief, they are true, correct, and complete. Declaration of p(eparer (other than taxpayer) IS based on all mformatlon of which preparer has any knowledge.
Your Signature Date Your Occupation Daytime Phone Number
Page 2
12,510_
6,650.
5,860_
5,800.
60.
9.
9.
9.
9_
O.
o.
2,510.
3,419_
3,419.
3,419.
~
Spouse's Signature. If a Joint Return, Both Must Sign.
~
Date
Spouse's Occupation
Date
Preparer's ....
Signature ,..
F;,m', Name Stott & Stott
(or yours if ....
self-employedJ....157 S. Hanover
~~t~~and Carlisle
04/10/2002 Check if self-employed
St.
EIN
23-2932378
(717) 243 - 8077
Form 1040 (2001)
PA 17013
Phone No.
~.J
--I
~
I ~~_l "'~~
. Schedul~ E
(Form 1040)
Supplemental Income and Loss
(From rental real estate, royalties, partnerships
S corporations, estates, trusts, REMICs, etc) ,
.. Attach to Form 1040 or Form 1041.
.. See instructions for Schedule E (Form 1040),
-1-
I''-"~,~
-ii-"
OMS No. 1545-0074
Your Social Security Number
Erin M Smith 169-42-1928
_ Income or Loss from Rental Real Estate and Royalties Nole: If you are in the business of renting personal
property, use Schedule C or C-EZ. Report farm rental income or loss from Form 4835 on page 2, line 39.
1 Show the kind and locatio,n of each rental real estate ro e 2 For each rental real estate Yes No
A Res i dent i a 1 Renta 1 property listed on line 1, did you
17 -A-shbur - -D-r- -M"echani csbiJ r - - PA - - - - - - - - - - - - - - - - - or your family use it during the
., tax year for personal purposes
for more than the greater of:
.14 days, or
010% of the total days
rented at fair rental value?
(See instructions.)
Department of the Treasury
Internal Revenue Service (99)
Name(s) Shown on Relurn
B
C
2001
13
A
x
B
Income:
Pro erties
B
C
C
Totals
(Add columns A, B, and C.)
3 11,100.
4
A
11,100.
3 Rents received .........'.............
4 Ro altiesreceived ..................._
Expenses:
5 Advertising.................,......... 5
6 Auto and travel (see instr~ctions) ,..... 6
7 Cleaning and maintenance ............ 7
8 Commissions ........................ 8
9 Insurance............................ 9
10 Legal and other professional fees... . .. 10
11 Management fees.................... 11
12 Mortgage interest paid to banks, ete
(see instructions) .... . . . . . . . . . . . . . . . .. 12
13 Other interest.....,. 13
14 Repairs.............................. 14
15 Supplies ............................. 15
16 Taxes ............................... 16
17 Utilities........................ 17
18 Other (list) .._____________
Condo Fees
--------------------~-
3
4
126.
295.
35.
5,925.
75.
1,267.
24D.
18
19 Add lines 5 through 18 ............. __. 19
20 Depreciation expense or depletion
(see instructions) .. . . . . . . . . . . . . . , . . . .. 20
21 Total expenses. Add lines 19 and 20 .:. 21
22 Income or (foss) from rental real estate or
royally properties. Subtract line 21 from line 3
(rents) or line 4 (royalties). If the result is a
(loss), see instructlcfns to find out if you must
~~m~~........................ ~
7,963.
3,698.
11,661.
-561.
23 Deductible rental real estate loss.
Caution: Your rental real estate loss on line 22
may be limited. See instructions to find out if you
must file Form 8582. Real estate professionals
must complete line 42 on page 2 ............. 23 - 561.
24 Income. Add positive amounts shown on line 22. Do not include any losses. . . . . . . . . . . . . . . . . . . . . . . .
25 Losses. Add royalty losses from line 22 and rental real estate losses from line 23. Enter total losses here
26 Total rental real estate and royally income or (loss). Combine lines 24 and 25. Enter the
result here. If Parts II, Ill, IV, and line 39 on page 2 do. not apply to yo,u, also enter this amount
on Form 1040, line 17. otherwise, include this amount In the total on lme 40 on page 2 . .
BAA For Paperwork Reduction Act Notice, see Form 1040 instructions.
FDIZ2301 11/15/01
24
25
5,925.
7,963.
3,698.
-561.
26 -561.
Schedule E (Form 1040) 2001
. ~~
~I__ I" "
-,"-.
"
II
't\,_
Schedule. EIC
(Form 1040Aor 1040)
Earned Income Credit
Qualifying Child Information
Complete and attach to Form 1000A or 1040
only if you have a qualifying child.
OMS No. 1545-0074
Department of the Treasury
Internal Revenue Service (99)
Name(s) Shown on Return
2001
43
Your Social Security Number
169-42-1928
See the instructions for Form 1040A, lines 39a and 39b, or Form 1040 lines 61 a and 61 b to make sure that
(a) you can take the EIC and (b) you have a qualifying child.' ,
. If you take the EIC even though you are not eligible, you may not be allowed to take the credit for up to 10 years. See the
instructions for details.
Caution: · [t will take us longer to process your return and issue your refund if you do not fiI[ in all lines that apply for each qualifying child.
Erin M Smith
Before you begin:
. Be sure the child's. name on line 1 and social security number (SSN) on line 2 agree with the child's social security card.
Otherwise, at the time we process your return, we may reduce or disallow your EIC. If the name or SSN on the child's social
security card is not correct, call the Social Security Administration at 1-800-772-1213. ,
Qualifying Child Information
Child 1
Child 2
.
1 Child's name First name Last name First name Last narne
If you have more than two qualifying children, you only Jacauelvnn Natalie
have to list two to get the maximum credit. . . . . . . . . . . . . . . M Lain A Lain
2 Child's SSN
The child must have an SSN as defined in the
Form 1040A ar Form 1040 instructions unless the
child was born and died in 2001. If your child was
born and died in 2001 and did not have an SSN,
enter 'Died' on this line and attach a capy of the 208-74-5078 137-04-1970
child's birth certificate , , , . , . . . . , . . . . . . . , . , . . , . . . , '.....
3 Child's year of birth. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . ,.,.. Year 1994 Year 1997
11 born after 1982, skip lines 4a 11 born after 1982, skip lines 4a
and 4b; go to line 5. and 4b; go to line 5.
4 If the child was born before 1983 -
a Was the child under age 24 at the end af 2001 and OVes. DNa. OVes. ONo.
a student? .. , ... .... .. i........, ,............... ,..,..
Go to line 5. Continue Go to line 5. Continue
bWas the child permanently and totally disabled OVes. DNa. OVes. DNa.
during any part of 20017 ......... . . . . . . . . . . . . . . ,.......
Continue The child is not a Continue The child is not a
qualifying child. qualifying child.
S Child's relationship to you
(for example, son, daughter, grandchild. faster Daughter Daue:hter
child, etc) .................................. ...... ....
6 Number of months child lived with you in the United
States during 2001
. If the child lived with you for more than half of 2001
but less than 7 months, enter'7'. ' .
. [f the child was born or died in 2001 and your home
was the child's home for the entire time he or she 12 months 12 months
was alive during 200-1, enter '12' . . . . . , . . . . . . . . ......
Do not enter more than 12 months. Do not enter more than 12 months.
TIP
You may also be able ta take the additional child tax credit if yaur child <a) was under age 17 at the end of 2001. (b) is claimed as
your dependent on line 6c of Form 1040A or Form 1040, and (c) IS a U.S. Citizen or reSident alien. For more detaIls see the
instructions for line 40 of Form 1040A or line 63 of Form 1040.
BAA For Paperwork Reduction Act Notice, see Form 1040A or 1040 instructions.
Schedule EIC (Form 1040A or 1040) 2001
FDIA7401 12110101
,. ~..J
L_.
1=- --
"
i ~
~ '-"~~'m:~:ll AJ"L.'i.;.-
.
\'Nlsb\family law\Client Directory\Smitb-Todd\pleadings\Defendant's Pre-trial Slatement.wpd
5/9102
ERIN M. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2000-7489 CIVIL TERM
SIGMUND TODD SMITH,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
Sigmund T. Smith, Defendant, by and through his attorney, Maria P. Cognetti, Esquire,
files the following Pre-Trial Statement:
TABLE OF CONTENTS
I. Background Information
II. Listing of Marital Assets and Debts
III. Listing of Personal Property
IV. Listing of Non-Marital Assets
V. Pensions
VI. Income and Expenses
VII. Counsel Fees and Costs
VIII. Expert Witnesses
IX. Non-Expert Witnesses
X. Listing of Proposed Exhibits
XI. Proposed Resolution
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: May 9, 2002
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
-"li-
~
~""
"-I
'I~_t',
\\Ntslt\family Illw\Client Directory\Smith- Todd\pleadings\Defendant's Pre-trial Stlltemenl wpd
5/9/02
I. BACKGROUND INFORMATION
A. PARTIES
HUSBAND
NAME Sigmund Todd Smith
ADDRESS 2 Olde Tower Lane, Northattleboro,
Massachusetts
AGE 36
DATE OF BIRTH September 19, 1965
PLACE OF BIRTH New York
SOCIAL SECURITY NUMBER 211-48-5864
HEALTH Defendatit has cancer. His condition is
critical.
EMPLOYER New England Revolution
OCCUPATION General Manager
LENGTH OF RESIDENCY IN PA Not a resident
EDUCATIONAL BACKGROUND Bachelor's Degree
WIFE
NAME Erin M. (Durkin) Smith
ADDRESS 4 Buttonwood Court, Mechanicsburg,
Pennsylvania
AGE 35
DATE OF BIRTH July, 1966
PLACE OF BIRTH Pennsylvania
SOCIAL SECURITY NUMBER 169-42-1928
HEALTH Good
EMPLOYER (last known) Double Day Country Inn & Farm
.,,~dt;l; ~-"
-oj.,
-
-
~> ~,' -~ ~,-,
\\Ntsb\family law\Clienl Directory\Smith-Todd\pleadings\Defendant's Pre-trial Statement.wpd
,
5/9/02
OCCUPATION SalesIMarketing
LENGTH OF RESIDENCY IN PA 35 years
EDUCATIONAL BACKGROUND College Degree - 24 credits of graduate work
B. CHILDREN
NAME AGE DATE OF BIRTH CUSTODIAN
NONE
C. MARRIAGE INFORMATION
DATE OF MARRIAGE October 9,1999
PLACE OF MARRIAGE Mechanicsburg, Pennsylvania
DATE OF SEPARATION April 13, 2000
CIRCUMSTANCES OF SEPARATION Irreconcilable Differences, Indignities
on Part of Wife
D. PRIOR MARRIAGE
Iwm
HUSBAND
I:
E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES
I:
I~"
HUSBAND
F. PROCEEDINGS INFORMATION
DATE ACTION COMMENCED October 24,2000
DATE OF SERVICE OF COMPLAINT November 7, 2000
i\Nlsb\famjly lllw\Client Directory\Smith. T odd\ploadings\Defendant's Pre.trial Statement.wpd
5/9/02
MANNER OF SERVICE OF
COMPLAINT Service Accepted by Defendant
ISSUES RAISED IN DIVORCE . Equitable Distribution, Alimony and
COMPLAINT Alimony Pendente Lite.
DATE OF FILING OF ANSWER December 20, 2000
AND/OR COUNTERCLAIM
ISSUES RAISED IN COUNTERCLAIM Divorce based on indignities and Counsel
Fees
BIFURCATION None
PREVIOUSLY RESOLVED ISSUES None
II. MARITAL ASSETS AND DEBTS
The following is a listing of the marital assets and debts of the parties:
ITEM
NO.
DESCRIPTION
TOTAL
VALUE
HUSBAND'S
POSSESSION
COMMENTS
WIFE'S
POSSESSION
4 Buttonwood Unknown
Court,
Mechanicsburg,
Pennsylvania
17055
1.A
Parties are
selling the
home. Value
will be
determined by
sales price.
3.A
2000 Chevy
Venture
Mini-Van
111I'!I~~~,I~~111111
PNC Checking
50-0209-9983
3.B
PNC Savings
50-0204-8254
$1,732.73
$1,732.73
$978.01
$978.01
lil'\l~1:1f.1mily lawtClien:t Din!ctaryl.Smirit- Tadd\lfleadilfg~IDcfendal1IJs Pre-trial Statemeilt. wpd
ITEM
NO.
4.A
DESCRIPTION
Increase in value
of Hershey
Entertainment
40 1 (k)
5/9/02
TOTAL
VALUE.
HUSBAN"t)'S WIFE'S COM'MENTS
POSSESSION . POSSESSION
Appiox.
$4,342.47
Approx. '
$4,342.47
Misc. Household Defendant
Furnishings will have
appraised if
value or
distribution
cannot be
agreed upon.
6.B Jewelry Unknown Unknown Defendant
will have
. appraised if
value or.
distribution
cannot be
agreed upon
7.A Bank of America $148,705.00 ($148,705.00) Need update.
Mortgage as of of balance
September closet to date
2000 of hearing.
Husband's pre-
marital
contribution to
purchase of
marital home.
.,..;d.L.w ,-~
L. ~e~~l
I~
<'. ,_k"" ~ J'[
r~'t>
\\Ntsb\family law\Client Directory\Smith-Todd\pleadings\Defendanl's Pre-trial Statement.wpd
5/9/02
ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS
NO. VALUE POSSESSION POSSESSION
8.B Husband's pre- $11,073.26 $11,073.26
marital
contribution to
improvements
made to the
marital home.
8.C Husband's Post- $1,307.29 $1,307.29
Separation
payments on
Wife's van
8.D Husband's $2,711.68 $2,711.68
payment of the
mortgage on
Wife's
separately
owned real
estate
8.E Husband's post- $13,871.00 $13,871.00
separation
payment of the
mortgage on the
marital residence
during Wife's
exclusive
occupancy
III. LISTING OF PERSONAL PROPERTY
ITEMS RETAINED BY WIFE
DESCRIPTION VALUE
Misc. Household Furnishings Unknown
Jewelry Unknown
".",J=< .
..-
~
-
, I ~, ,
,
[t..Oj
\\Nlsb\family law\Client Directory\Smith. Todd\pleadings\Defendant's Pre-trial Statemenl.wpd
5/9/02
DESCRIPTION VALUE
ITEMS RETAINED BY HUSBAND
None
IV. LISTING OF NON-MARITAL PROPERTY
The following is a listing ofthe non-marital assets of the parties:
No. Description Basis of Exclusion Owner
1. Merrill Lynch IRA Rollover from pre- Husband
marital Hershey
Entertainment
40 I (k)
2. Approx. $76,000.00 Pre-marital Husband
Equity in home contribution to
purchase and
improvement of
home
V. PENSIONS
The following is a listing of the pensions of the parties:
PARTY DESCRIPTION
Husband Increase in value of Hershey Entertainment 40 I (k)
Wife None
VI. INCOME AND EXPENSES
The following is a listing of the income and expenses of the parties:
I PAKfY
Husband
DESCRIPTION
AMOUNT
'''~
,
- I
,
.
,~ ~ .1.. '-lI' -, lkw-
.
\\Ntsb\family law\Client DireCIOl}'\Smith-Todd\pleadinga\Defendant's Pre-trial Statement.wpd
5/9/02
PARTY DESCRIPTION AMOUNT
Gross Monthly Income Approximately
$7,899.32
Net Monthly Income Approximately
$4,845.00
Monthly Expenses Approximately
$5,223.65
Wife
Gross Monthly Income Unknown
Net Monthly Income Unknown
Monthly Expenses Unknown
VII. COUNSEL FEES
The following is a listing of the counsel fees and expenses incurred, or to be incurred by
the parties:
PARTY DESCRIPTION DATES AMOUNT
Husband
Counsel Fees $5,498.50
Costs $241.03
Anticipated Fees and Costs $5,000.00
Wife
Counsel Fees Unknown
Costs Unknown
Anticipated Fees and Costs Unknown
"~,-,"~~~~ ~.~ ~
-
~~
~l
-~
~ - '. "h
.
\\Ntsb\femily lew\Client Directory\Smith-Todd\pleadings\Defendant's pre-trial Statement.wpd
SI9{{l2
VIII. EXPERT WITNESSES
The following is a listing of the anticipated experts who will be called to testify in this
case:
NAME SUBJECT TO TESTIMONY
A Personal Property Appraiser Value of the parties' household furnishings
A Jewelry Appraiser Value of Plaintiff's jewelry
Additional experts who may be called to testify are not known at this time. If such
additional experts are retained, Defendant reserves the right to call them as witnesses upon
proper notification to Plaintiff.
IX. NON-EXPERT WITNESSES
NAME SUBJECT TO TESTIMONY
Sigmund T. Smith History of the marriage; identification and
valuation of marital assets and debts; other
relevant testimony relating to the factors set forth
in the Divorce Code.
Erin M. Smith, as of cross History of the marriage; identification and
valuation of marital assets and debts; other
relevant testimony relating to the factors set forth
in the Divorce Code.
Additional witnesses who may be called to testify are not known at this time. If such
additional witnesses are identified, the Defendant reserves the right to call them as witnesses
upon proper notification to the Plaintiff.
X. LISTING OF PROPOSED EXHIBITS
The following is a listing of Exhibits which are anticipated to be submitted at the hearing
in this case:
o'~"1
~"~
, - =
I.
~.L..: -
~~,,"---
\\Ntsb\family law\Client Directory\Smith- Todd\pleadings\Defendant's Pre-trial Statement.wpd
5/9/02
NO. DESCRIPTION
I I)~fendant's Income and Expense Statement
2 Defe!ldant's Counsel Fees Statements
.
3 Personal Property Appraisal, if necessary
4 Jewelry Appraisal, if necessary
. ,
5 Bank of America Mortgage Statements
6 PNC Bank Statements.
...
7 Documentation of Husband's pre-marital contributions to purchase of and
improvement of Buttonwood property
8 Documentation of Husband's payment of Wife' s van lease
.
9 Documentation of Husband's payment of the mortgage on Wife's separately
owned real estate
10 Documentation of Husband's payment of the mortgage during Wife's
exclusive use of the property
If additional exhibits are identified; Defendant reserves the right to submit
additional Exhibits upon proper notification to Plaintiff.
XI. PROPOSED RESOLUTION
A. EQUITABLE DISTRIBUTION
Defendant feels that all marital property should be divided equally between the
parties after giving due credit to pre-marital contributions to the acquisition of the marital
home.
B. ALIMONY
Due to the fact that this was an extremely short marriage (six months) and the fact
that Defendant has already paid alimony pendente lite to Plaintiff for a period of over one
year, Defendant feels no award of alimony is warranted.
_,.,__jo_.r.O"=" ~~
1 . =
- ~ ,I..
,<
.
\\Ntsb\family law\Client Direclrny\Smith- Todd\pleadings\Defendanfs Pre-trial Statement.wpd
C. COUNSEL FEES AND COSTS
Defendant believes no award of counsel fees is due to either party.
,
'" _ --"i' 'r~
ll......,~J!-"
.
519102
- -~ "
, ~._, I
,'-,,-- .:1 _0;" ,,-- oj' ~ -- - " ~ ,.' ;';;1
.',
MARIA P. COGNETTI & ASSOCIATES
MARIA P.COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
CampHill,PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant/Petitioner
ERIN M. SMITH,
Plaintiff/Respondent
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 2000-7489 CIVIL TERM
S. TODD SMITH,
DefendantJPetitioner
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, to wit, this
day of
,2001, upon consideration of the
foregoing Petition for Special Relief, it is directed that the marital residence, located at 4
Buttonwood Court, Mechanicsburg, Pennsylvania, be immediately placed on the market for sale
and that Respondent is directed to cooperate in the listing and sale of said property.
BY THE COURT:
J.
~ L
;,;
L-" -i_,-_ _,'I
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney 1.0. No. 27914
210 Grandview Avenue, Suite 102
CampHill,PA 17011
Telephone No. (717) 909-4060
Attorneys for DefendantIPetitioner
ERIN M. SMITH,
Plaintiff/Respondent
,;-,,--- ('
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7489 CIVIL TERM
S. TODD SMITH,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
ORDER FOR RULE TO SHOW CAUSE
AND NOW, this 3($ day of (Vt~ ,2001, upon consideration of the
attached Petition for Special Relief a Rule is hereby issued upon the Plaintiff/Respondent to
show cause, if any, why the relief requested should not be granted.
RULE RETURNABLE ~ days from service thereof.
~ \,01
OVO
y
~
J.
,I, _ _1-_.. ~ _, ~
-~'-.' ^' '~-~ ->-'^ "' blil1.1i:J"'.
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant/Petitioner
ERIN M. SMITH,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 2000-7489 CIVIL TERM
S. TODD SMITH,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW comes Defendant/Petitioner, Todd Smith, by and through his attorney, Maria
P. Cognetti, Esquire, and files a Petition for Special Relief and in support thereof avers as
follows:
L Petitioner is Todd Smith, who currently resides at 51 Huntley Road, North
Attleboro, Massachusetts.
2. Respondent is Erin M. Smith, who currently resides at 4 Buttonwood Court,
Mechanicsburg, Cumberland County, Peunsylvania.
3. The parties were married on October 9, 1999 in Mechanicsburg, Cumberland
County, Pennsylvania.
4. Respondent filed a Complaint in Divorce on October 23, 2000.
5. Respondent currently resides in the marital residence.
6. Respondent filed for and receives spousal support/alimony pendente lite .from
Petitioner.
- h.~ ~,-,i I
"' " ,---~" o=.J.'
~, 'La,:!
"
7. As the occupant of the marital residence, Respondent is responsible for paying all
of the bills associated with the maintenance of the marital residence. Pa.R.C.P.1910.16-6(e).
8. Respondent has refused to pay the monthly mortgage payment on the marital
residence.
9. As a result of Respondent's abject failure to fulfill this monthly obligation,
Petitioner has received notification from the bank that the residence is now subject to
foreclosure. See Exhibit "A" attached hereto and made a part hereof.
10. In order to purge themselves of the debt and financial penalty which has occurred,
it is necessary that Petitioner and Respondent sell the marital residence.
11. Petitioner has attempted to discuss the possible sale of the property with
Respondent, however, Respondent has refused to agree to sell the property.
12. According to Section 3323(:1) of the Pennsylvania Divorce Code, the court has full
equity power and jurisdiction and may issue injunctions or other orders which are necessary to
protect the interests of the parties. 23 Pa.C.S.A. 93323(:1).
13. The sale of the marital residence is the only way to protect and preserve the value
ofthe marital estate and to effectuate a fair and just equitable distribution in this matter..
14. Respondent's counsel was advised on May 18, 2001, as to the filing of this
Petition.
WHEREFORE, Petitioner, Todd Smith, respectfully requests this Honorable Court grant
his Petition for Special Relief and enter an order directing that the marital residence,
- - . ,
^- -',{,
,',I _.-.1,__._
, ,~-.
~ . ~,~, '-y:-':'
located at 4 Buttonwood Court, Mechanicsburg, Pennsylvania, be immediately placed on the
market for sale and that Respondent be directed to cooperate in the listing and sale of said
property.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: May 22, 2001
By:
210 Grandview Avenue, Suite 102
. Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant/Petitioner
-'- '
~- , ,-
.'
,;;~.-
.1") - I,
,~'" -~'--', ,.~, ,,"-',',-",i' . - "~"_i
VERIFICATION
I, SIGMUND TODD SMITH, hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904
relating to unsworn verification to authorities.
(~J :1-AJ(~
SIG D TODD SMITH
DATE: 5(1 g( 0 I
"
,
"
~~
" "-''-'';''''"''''111''
O~/l~/Ul TUB lZ;OO F~X 505 J54 91Z6
NE 'REVOLUTION
l.fJOO:;
Bank of America s::.-.
~
May 09, 2001
Bank of America .'Vlortgage
p.O. eo.>; 26388
Richmond, VA 2)260.6388
sigmund To Smith
Erin M Lain
51 Huntley Road
North Attleboro MA 02760-0000
Re: Loan No. 2004932451
Dear Mortgagor(s} :
NOTICE OF INTENTION 'W FORECLOSE
We represent the holder of the mortgage on this property and hereby
advise that we will accelerate your mortgage (demand payment in full)
and pursue the foreclosure remedies permitted by the mortgage unless
your loan delinquencies ar.e cured as provided below.
You may dispute the validity of the <i~};ltor any portion thereof. If
you do so in writing within thirty (30) days of the receipt of this
letter, this firm will obtain and provide you with written
verification thereof; otherwise, the debt will be assumed to be valid.
Likewise, you may request the name and address of the origi~al credito)
if different from above.
The total delinquency, including late charges and other fees, is
$ 3.818.13 for 03-01-01 through 05-01-01. Your failure to pay the
delinquent amount, plus any additional. monthly payment and late charge
aud other. fees (including any accrued interest) that may come due
within the next thirty (30) days, will result in the acceleration
of all sums due under your mortgage. After acceleration occurs,
a foreclosure ;;lction or any other remedy perrr<itted by your mortgage
may be instituted.
To avoid the acceleration of your mortgage and subsequent foreclosure
action. the delinquency mentioned above and any accrual thereto must
be paid by CERTIFIED' CHECK OR MONEY ORDER and received in our office
Sank of Amelita Mortgag@Is a dMslon of 88r,k of AmerIca. N,A.
Oq,o/.:'/O:O~
"'~
_,,' J
--~-'";"'''li~~C
05/15/01 TUE 12:51 FAX 508 384 9128
NE R'!'VOWTION
14!006
BankofAmerica ~
~
05-09-01
Page 2
Loan No, 2004932451
Bank or Ameriu Mortgage
P.O, Box 26388
Richmond, VA 23260-6388
at 2810 N. Parham Road, Richmond, virginia 23294, within
thirty (30) days from the date of this letter. please call our
Customer service Department toll-free at 1-800-552-7992 for the
exact amount required.
You have the right to reinstate your mortgage after acceleration by
fulfilling the conditions stated in your mortgage pertaining to such
reinstatement. You may call our office to discuss these conditions.
Any future negotiations attempting to reinstate your loan OI'
acceptance of any payment less than the full amount due shall not
constitute a waiver by the mortgage holder of the acceleration
unless agreed to in writing by the mortgage holder.
You have the right to assert in the foreclosure proceedings the
- non-existence of a default or any other defense to acceleration
and foreclosure.
Sincerely,
Collection Department
DR335 014 DHA-MM
8ank of America Mortgage Is a dl...-lslQIl of Bank of Aml!l':o. N.A.
o R&-,cled
,-,I
"
dJ 1_
" , ,~"
I"',
'::l-~ ;':"'S'
05/15/01 TUE 12:52 FilX 508 J84 9128
NE R'EVOLUTI ON
.
\i1)008
Unless you notify this office within 30 days after receiving this notice that you dispute the
validity of this debt or any portion thereof, this office will assume this debt is valid. If you
notify this office in writing within 30 days from receiving this notice, this office will: obtain
verification of the debt or obtain a copy of a judgment and mail you a copy of such
judgment or verification. If you request this office in writing within 30 days alter receivir,g
this notice. this office will provide you with the name and address of the original creditor,
if different from the current creditor.
Pl.EASE HELP US HELP YOU!
To aid Collecteoh Systems, Inc., in validating your dispute, please provide the following
information:
. . . . . . .The amount disputed
. . . . . ,Agency account number'
. ' . . .Your client's nameW
. . . .Client reference number'
. . .A brief explanation of why you believe the disputed amount to be incorreot
'Indicated portions of the above infonnalion are shown on the faoe of this letter.
You are not reqUired ,by law to provide this information with YOt,Jr dispute, but the
information will help us process your dispute quickly.
I,
~ -. __ I
.."
,.,-~~"
\\NTSB\FllIl1ily Law\Client Directory\Smith- TOdd\pleadings\petition for special relief. wpd
5/22101
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for DefendantlPetitioner herein, do hereby certify
that on this date I served the foregoing document by depositing a true and exact copy thereof in
the United States mail, fIrst class, postage prepaid, addressed as follows:
Michael A. Scherer, Esquire
17 West South Street
Carlisle, P A 17013
MARIA P. COGNETTI & ASSOCIATES
Date: May 22, 2001
By:
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for DefendantlPetitioner
--- - ."
i-I
,~ '"~ ~-- '--:~-, e: ~""':';.;"j~"",'; ,.i'-"J ~".> ',-;"-^l,,l --" ",",,,,J"F"',.-" ,:"".i,' :i,':"'~',.;;;i,cio~::,,'-";L ','_I.. ' J, .
,
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
v.
SIGMUND T. SMITH,
Defendant
NOTICE TO PLEAD
TO: Sigmund T. Smith
c/o Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, Pennsylvania 17011
You are hereby notified that you have twenty (20) days in which to plead to the
enclosed PlaintifflWife's Answer With New Matter To Defendant/Husband's Petition For
Special Relief or a Default Judgment may be entered against you.
Date:
7.].,0 I
O'BRIEN, BARIC & ~
?1j4?(ti
Michael A. Scherer, Esquire
I.D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Erin M. Smith
II
,
" _ ,u '. "-
--~-" -,
,'.'.;,,-,,1"'-:--'::'1.;;;;,- b..'-.~" .:",-.,; :~""'';f''o',':'''';''; ~",_" ,'ik:'>; .c'C)"';;'~'~ ".,,;!;;..:-,-~,, " '''''__~~
ERIN M, SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFFIWIFE'S ANSWER WITH NEW MATTER TO
DEFENDANT/HUSBAND'S PETITION FOR SPECIAL RELIEF
1. - 6. Admitted.
7. Denied. Pa.R.C.P. 1910.16-6(e) is not a mandate for the spouse
occupying the marital residence to pay all bills associated with the maintenance of the
marital residence. Pa.R.C.P. 1910.16-6(e) is nothing more than a provision which
allows the court to order the obligor's basic support amount to be increased where the
mortgage payment exceeds 25% of obligee's net income.
8. Denied.
9. Admitted.
10.-11.
Denied.
12.
13.
Admitted.
Denied.
14.
Admitted.
"
I
NEW MATTER
15.
Husband left wife April 13, 2000, and was paying the mortgage payment
each month thereafter until March, 2001.
C;"'_ '_ ","'.. ':I'-j"',_~I'-"",,,- ':::,,," ~;-, > "c,_:,.",.-"",,',,~,__",:",:,o,~-,' ~. - '''"~, ~ ""1~
16. Wife was unaware that Husband had not paid the mortgage payment for
March and April until Wife received the May 9,2001 correspondence from the mortgage
company.
17. Wife refused to speak with Husband regarding payment of the mortgage
because previous discussions between the parties involve nothing more than Husband
harassing and threatening Wife.
18. Wife promptly agreed through counsel that she will make the monthly
mortgage payments beginning immediately until the economic issues are resolved in
this matter or pending further order of court.
19. Husband's petition for special relief is moot as a result of wife's agreement
to pay the mortgage payments.
20. Wife has filed a claim for equitable distribution in this matter and the
disposition of the marital residence is a matter that should be decided by the divorce
master after careful consideration of all of the factors in this case.
21. Wife would like the opportunity to become the sole owner of the marital
residence as her daughter changed schools at the beginning of the 2000-2001 school
year when the parties purchased the marital residence and Wife does not want her
child to change schools again.
22. Listing the property for sale would create numerous additional issues,
including the identity of the listing agent, sale price, sale terms and related matters.
23. Wife was hospitalized from May 28,2001 through June 7, 2001 for Iife-
threatening blood disorder.
II
Ii
Ii
II
I:
'" <~"~,"',,"-"' '-' '"
Jd
I
,--"" ','0'_",,,,',,,,' ,1_ :r1 __~. ',;;'b:",,' ,,-.--:_;;,;,-';.,~-,,;,\-'-""':-:_;';,':;-,---,,;~'i~;;;,~";;ii,,i-~:,,~- ,
24. Wife remains weak from her blood condition and her doctors are not
convinced they have a complete diagnosis of wife's condition.
25. Forcing wife to sell the marital residence and relocate with her two young
children would create a substantial hardship in wife's life at this time.
WHEREFORE, wife respectfully requests that this Honorable Court deny
Husband's petition requesting a sale of the marital residence, and in the alternative,
Order wife to pay the mortgage payments pending further Order of Court.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
?!144~
Michael A. Scherer, Esquire
I.D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
I,
I!
II
II
II mall.dir/domestic/divorce/esmith.ans
il
VERIFICATION
I verify that the statements made in the foregoing PlaintifflWife's Answer With New
Matter To DefendanUHusband's Petition For Special Relief are true and correctto the best
of my knowledge, information and belief. This verification is signed by Michael A. Scherer,
Esquire, Attorney for Plaintiff and is based upon the statements provided by Erin M. Smith,
as well as documents reviewed by the undersigned as attorney for Erin M. Smith. This
verification will be substituted and ratified by a verification signed by Erin M. Smith who is
presently unavailable to sign said verification. I undersigned that false statements herein
are made subject to penalties of 18 Pa.C.S. 94904, relating to unsworn falsifications to
authorities.
Date:
7.2.01
~4~
Michael A. Scherer, Esquire
"
_. .. " '~"-'-'^'.- ,.____",-_L,,>.._
"" '-,0'
,---,',--,-
~;-" l_m_~_JL_, :"~-,__~,~",-_.c.,.; ,,'Ai'~_- '-;';;-',;"Y",f:-;;k,;;';,~;j:-o-__: ~'_~ ,:.;~
CERTIFICATE OF SERVICE
I hereby certify that on July 2, 2001, I, Jennifer S. Lindsay, secretary to Michael A.
Scherer, Esquire, did serve a copy of the PlaintifflWife's Answer With New Matter To
DefendanUHusband's Petition For Special Relief, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, Pennsylvania 17011
~~.~
.=1--
, , '~"'"'-" ~ ~ - ,
_'__ ,.J "n -~,c...' ",;0 ,- --""-,_,_",~""""""'<-,-"='s~,-,,,,"~~"';-"~,,,,,-,,,"-'cdk'~=-="'.;.",di,"~L""'A\L~",---,,,,,, "_,,_,
,~,J,,, ~~'.
,--Ii
,
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney LD. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Petitioner
ERIN M. SMITH,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Petitioner
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of
the Petition for Special Reliefwas served upon Counsel for Respondent by certified mail, return
receipt requested, on the 21st day of June, 2001. The original signed return receipt, number P-
397-743-714 is attached hereto and made a part hereof.
Date: June 27, 2001
By:
210 Grandview Avenue, Suite 102
Camp Hill, P A 170 II
Telephone No. (717) 909-4060
Attorney for Petitioner
Sworn to and subscribed
before me this .11" day
of -9L1At1 ,2001.
1;.,1 MfA, ft
Notary ~blic l/
L~~~
......""...jl 410.1\... ~."I111~
, ',4,""
,,("f,c.~ '"..;;~~~:'-w.''', ,,-' '-"'-_--,~~' ':<c- ~""" -- ",-",
" n-,;",r;.::_" ";~.
,<'" -""',.'. 0-' "",~""C",-;;-,?,_,O,
-"_L_,__,,,~'_'.'L_,,--,-,
,.",~J"'~~'~"'''''''b"''C.~,,~,~...c~'c
',-, , ,,'. '-'-'.:"---"-"-'-'-'. --'~ "
MARIA P.COGNETTJ & ASSOCIATES
MARIA P. COGNETTJ, ESQUIRE
Attorney LD. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys fur Defundant
ERIN M. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
DefeJidant
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of
Defendant's Request for Production of Documents (First Set) to Plaintiff and Defendant's
Interrogatories (First Set) to Plaintiff were served upon the Plaintiff by certified mail, return
. receipt requested, on the 28th day of February, 2001. The original signed return receipt, number
Z 566 893 859 is attached hereto and made a part hereof.
Date: March 14,2001
MARIA P. COG
M
By:
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Defendant
Sworn to and subs~bed
before me thiJ(!!!- day
of {no.r(' ,2001.
NOtarial Seal
Karen A. .Sherlff, No. tary Public
Hamsburg, Dauphi,,<:ounty
.My CornmIsIljoi1 EltpIIJ>$ Ma.llII 9, 2002
Member, f"enl1syIva!lia-ASsOlliatlon VI Nolaries
~,_"", """ "..,.-,'0'"''''
, .<
'''."-'' ,,--, "",- /, ",--.,-"."". "
,~, '. ""~,~, "> ''''-'-* <-,~, _ ~-,r."~' "
,- ----------------------~-
,...
f'
f
t
c-
"
'C
u;
"
i!!
~
"
..s
c
"
/ i! 3. Article Addressed to:
;;
,1' 'ii.
, ~,
O'
Ul
Ul
'w
a:.
Q
SENDER: S '1+ "'1\
-Complete items 1 andfor2toradditionaisarvicas. ml I.. V ......t t.
-Complete itetm 3, 4a, and 4b.
-Print your nama and address on the reverse 01 this form sa that we can retum this
card to you.
_Attach this form to the front oftha mailprece, or on the back if space does not
permit.
_Wlite-Retum Receipt Requested- on the mailpiece below the article number.
-The Retum Receipt will show to whom the article was delivered and the date
cIeIivered.
c.,
;;
g~-
a;'--
'C~=
:;!.t
... - $i"'"
o Certi.. -~, ~:
o Insured v~.,
o COD ",
,sb-
=r-
"
'"
.><-
c:-
'",
~,
fv11c.me.l A- Sc.here.r, ~.
\l We.St Sou-th stree.+
CQ(itS Ie / PA nO I:;'
I also wish to receive the
following services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee.
4a. Article Number
Z5U gcr31S1
4b. ServJce Type
o Registered
o Express Meil
o Retum Reoeipt far Merchandise
7. Date of Delr;;J./
8. Addressee's Address (Only ff requested
and fee is paid)
,
5~-
~,
""
5. Received BY4IPffpl-NampJ
/7 17:; r/..CJ /
~ 6. Slgn~t're: (Address$8- or A~ . '
.,~ XU~ "V1"W1
PS Form 3811, December 1994
Domestic Return Receipt
~,.
,
, <<-,,.-~-
,;, ,
=~I
.1 I~
, " '_ l'lif~,~.~~i:
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION -LAW
NO. 00 - 7489 CIVIL
SIGMUND T. SMITH,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND PARTIES
TO: Michael A. Scherer
Erin M. Smith
, Counsel for Plaintiff
, Plaintiff
Maria P. Cognetti
Sigmund T. Smith
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 19th day of June, 2002, at 9:00 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of
settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice: 5/10/02
E. Robert Elicker, II
Divorce Master
.'>
, - - ~
ERIN M. SMITH,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 7489 CIVIL
SIGMUND T. SMITH,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Michael A. Scherer
Erin M. Smith
, Counsel for Plaintiff
, Plaintiff
Maria P. Cognetti
Sigmund T. Smith
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 10th day of May 2002, at 9:00 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of
settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice:
April 1, 2002
E. Robert Elicker, II
Divorce Master
"
,
,
,
..
"~.
"~l~~..,,~
ERIN M. SMITH.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
.
.
V5.
: CIVIL ACTION - LAW
: 00 - 7489
NO. CIVIL
19
SIGMUND T. SMITH
: IN DIVORCE
Defendant
STATUS SHEET
DATE:
ACTIVITIES:
t,!1JD(lJ ~
~ ~b b ')-- oJ
t
-
~
Czhl~ ~nJiYVl
~ P;vtrOt1WOOrr tlN~f
m~~i~PJ\l1ft. fA'
l'Il6o
"
._,-1 ,- ~'I
" "'-'..", ,[,
,,~ ,-",,'
"",~"';--"J' '"""';0",,.,,, ;_,_,~,J",~,.~, _,~__"!>",,,;,~_ _,~""" "
MARIA Po COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
Practice Limited to Matrimonial Law
Maria P. Cognetti*
Attorney at Law
Karen A. Sheriff
Paralegal
*Fellow, American Academy of
Matrimonial Lawyers
Candith Y. Hill
Paralegal
June 27, 2002
E. Robert Elicker, IT, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: SMITH v. SMITH
Our FileNo.118
Dear Master Elicker:
Enclosed please fmd two (2) copies of the Power of Attorney signed by my client, S.
Todd Smith. I have retained the original Power of Attorney in my file. If you require anything
further, please do not hesitate to contact me I look forward to receiving an Order vacating your
appointment as the Divorce Master in this matter.
Thank you for your attention to this matter.
MPC/waw
Enclosure
cc: S. Todd Smith (w/o enclosure)
Michael A. Scherer, Esquire (w/enclosure)
210 Grandview Aveuue, Suite 102 . Camp Hill, PA 17011
Telephone (717) 909-4060 . Fax (717) 909-4068
Email CognettiLaw@aol.com
"- .. "'.....,!J'~~"-' -" ,~t ,~~,,, ,- 't; r ,.'-
'~';';;',:-- '~-',,-' -, ,\ -"'. '
c~ -
,
~ II-L-'-'.....""""'-,: ,.
, ~ "
"~-'"
,:~--""~;-,, t...,' ,>- "~"'-.~i1lfl
\\Ntsb\family law\Client Directory\Smith-Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED.wpd January 31, 2003
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
ERIN M. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-7489 CIVIL TERM
SIGMUND TODD SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO PETITION TO ENFORCE JUNE 20, 2002 AGREEMENT ON
EOUlTABLE DISTRIBUTION AND COUNTERCLAIM
AND NOW, comes Defendant, Sigmund Todd Smith, by and through his attorney, Maria
P. Cognetti, Esquire, and files the following Answer to Petition to Enforce June 20, 2002
Agreement on Equitable Distribution, and in support thereof avers as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
.
"
", I
--, _t .,_~-"',' ""
'--,
\\Ntsb\f~ily law\Client Directory\Smith~Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED:~'pd Janttary 31, 2003
8. The truth or veracity of this averment is strictly within the knowledge of Wife and
proof thereof is requested.
9. The truth or veracity of this averment is strictly within the knowledge of Wife and
proof thereof is requested.
10. The averment is admitted as it relates to the parties' inability to agree upon the
repairs of the alleged structural problems. The averment is denied as it relates to what Sharon
Goddin allegedly told Wife. It is specifically denied that Husband would not respond to a
request for an agreement to make the repairs. Husband responded and simply did not agree with
Wife's position. This was clearly conveyed to all concerned.
11. Admitted.
12. Denied. Additionally, the Master recommended the use of Mr. Weighert, since he
had originally sold the property to the parties.
13. The troth or veracity of this averment is strictly within the knowledge of Wife and
proof thereof is requested. However, if it did, that would have been Wife's fault.
14. The troth or veracity of this averment is strictly within the knowledge of Wife and
proof thereof is requested.
15. Admitted.
16. Denied. It is specifically denied that after the structural problems were detected in
November, 2002, Wife spent significant time and energy in seeking bids from contractors to
remediate the structural problems.
17. Admitted.
,
~ "' _ _ ,"'_J - ,.~' ,- -",", " ~,
'-- ;
^ ''',~'-
\\Ntsb\family law\Client Directory\Smith-Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED.wpd JanUSIy 31, 2003
18. Denied. Husband did not agree to share in the costs of the monies being
escrowed. Husband agreed that monies could be escrowed but believed that escrow would be
attributed to Wife's share of the proceeds.
19. Denied. It is specifically denied that Husband signed estimates from Crider's
Excavating, Inc., Al Concrete Leveling, and Keystone One Foundation Repair, Inc. indicating
his consent to payment for and completion of the work. Husband never signed any such
documents.
20. The truth or veracity of this averment is strictly within the knowledge of Wife and
therefore, no responsive pleading is required. Strict proof thereof is requested at hearing.
21. Denied. It is specifically denied that Husband never indicated he was unwilling to
share equally in the cost of the repairs and that Husband's attorney never responded that Husband
would not pay equally for the repairs. To the contrary, Husband's attorney has always responded
indicating that Husband would not share responsibility for the repairs.
22. Admitted.
23. Denied It is specifically denied that Wife learned for the first time at settlement
that Husband wanted the repairs to "come off the top" of the sales proceeds. This had been
Husband's position all along. Furthermore, this is customarily how any such charges are handled
in a real estate transaction.
24. Denied. It is specifically denied that Husband's position regarding payment for
structural repairs is specious. It was Husband's understanding that the cost ofthe repairs would
come off the top.
":_-1-1 _
',I
~," ,- - , ',,~
\\Ntsb\family law\Client Directory\Smith- Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED. Wpd Janu'ary 31, 2003
25. Admitted.
26. Denied. It is specifically denied that the structural repairs at issue in this case are
not customary settlement charges.
27. Admitted in part. Denied in part. It is specifically denied that since April, 2000,
Wife has made all the mortgage payments which include escrow amounts for taxes and
insurance. Wife only began making mortgage payments on approximately March 20, 2001.
28. Denied. It is specifically denied that Wife attempted to have the tax proration for
the school tax reimbursed to her at settlement. The issue never arose until settlement had failed.
Furthermore, Husband paid support to Wife during the year she had been making these payments
in order to assist her with the payments- therefore he should share in the reimbursement.
29. The truth or veracity of this averment is strictly within the knowledge of Wife and
therefore no responsive pleading is required.
30. Denied. It is specifically denied that there was no objection from Husband
regarding the sharing of the structural expenses until the hour of settlement. The sharing of the
structural expenses would alter the ultimate distribution called for in the Property Settlement
Agreement. Additionally, counsel for Wife was not attending settlement. He only came when
called by either Wife or Sharon Goddin. Counsel for Husband attended the entire settlement.
31. Admitted.
WHEREFORE, Husband requests this Honorable Court enter an Order directing that:
A. Husband receive $50,000.00 from the proceeds of the sale of the home with no
deduction for repairs for the structural items;
.;
-[,' ,.,~ +
,,'
,
,e
\\Ntsb\family law\CIient Directory\Smith- Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED. Wpd January 31, 2003
B. Denying Wife's request for reimbursement of $639.22 for one-half of the
December, 2002 mortgage payment;
C. Denying Wife's request for the sum of $886.50 representing the refund of the
school taxes;
D. Denying that any monies remaining in escrow from the parties' lender for taxes
and insurance be paid to Wife; and
E. Denying Wife's request for counsel fees.
COUNTERCLAIM
32. Paragraphs 1 through 31 of Wife's Petition to Enforce June 20, 2002, Agreement
on Equitable Distribution and Husband's Answers thereto are incorporated herein by reference
thereto as if set forth fully herein.
33. When the parties separated in April, 2000, they had already filed their 1999 tax
returns jointly.
34. As a result of filing a joint tax return for 1999, the parties were due a refund of
$5,952.00. See attached Exhibit "A," pages 1 and 2 of the parties' 1999 federal income tax
return.
35. Husband repeatedly inquired of Wife as to whether or not she received a refund
check. She denied receiving it.
36. Husband has learned that the check had been issued in May, 2000 and negotiated
sometime thereafter.
, ~,--
ci..-:,I.. ,[,-
.;, "l,'
;',L_ ""
'-'-",', <',. "~'~''''-
\\Ntsb\fumily law\Client Directory\Smith~ Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED.wpd January 31, 2003
37. Since Wife, to this day, has not presented said check to Husband for his
endorsement, Wife fraudulently forged his signature and kept the proceeds for herself.
38. Husband believes he is entitled to one-half of the proceeds from the IRS refund
which would equal $2,976.00. Additionally, Defendant believes he is entitled to interest at a rate
of 6% per annum from May 15, 2000 to the date of payment.
39. The home in which Husband currently resides was purchased by his mother on his
behalf and the mortgage and deed are in her name only.
40. Husband pays rent to his mother in the amount of the current mortgage.
41. In anticipation of settlement on the Buttonwood Court property, Husband made
arrangements to purchase the property from his mother.
42. Such a purchase would enable Husband to obtain a very favorable interest rate on
a new mortgage which is significantly lower than the current rate.
43. In order to refinance the debt, Husband required his share of the proceeds from the
sale of Buttonwood Court to use as a down payment on the property.
44. As a result ofthe delay in the disbursement of the proceeds from the sale of
Buttonwood Court, Husband has and will continue to suffer a loss of approximately $500.00 per
month due to his inability to settle on the property. By the time of the hearing in this matter, the
delay will have cost approximately $1,000.00.
45. Husband has expended and will continue to expend considerable sums in counsel
fees in pursuit of this Counterclaim because of Wife's vexatious conduct.
~-,
s'
"~--
~I,
',-
'l'_,_.I'
'- ~ . "r"l);,
\\Ntsb\family law\Client Directory\Smith- Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED.wpd Janumy 31, 2003
46. As a result of Wife's actions, Husband will be forced to appear in person to
defend his rights.
47. Defendant is currently receiving ongoing treatment for cancer. He was diagnosed
with acute myeloid leukemia in late February, 2002. He has been receiving aggressive
treatments to fight the cancer since that time, including a recent bone marrow transplant. Stress
plays a significant factor in his recovery. His doctors have advised him he should stay close to
home while undergoing treatments and during the recovery phase. The stress of this litigation
and having to personally appear in this matter, is severely impacting his health and recovery.
48. Defendant will appear against the advice of his doctors, in order to defend his
rights.
WHEREFORE, Husband respectfully requests this Honorable Court enter an Order
directing:
A. That Wife pay Husband the sum of $2,976.00 plus interest from May 1,2000
forward.
B. Directing Wife to pay Husband $1,000.00 for losses he incurred by the delay of
his refinancing settlement.
C. Directing Wife to pay the sum of$I,OOO.OO in counsel fees.
,
" a-'_-..'" _",-
~"
'--"'
,--,~, ", "lii - ''''<_
\\Ntsb\family law\Client Directory\Smith~ Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED.wpd Janu~ 31, 2003
D. Any and all other relief that the Court deems equitable and just.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: January ~, 2003 By:
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Defendant
"'-.
-,f'_.
~~~-,
. d'~;~-" ,_'." ,- ^"'j,';, ,'.
'Wl!'!f',:
VERIFICATION
I, MARIA P. COGNETTI, ESQUIRE, hereby verify and state that the facts set forth in
the foregoing document are true and correct to the best of her knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~
4904 relating to unsworn verification to authorities. This Affidavit is being made by the attorney
for the Defendant because same is outside the jurisdiction of the Court and verification cannot
be made in the time allowed for the filing of the foregoing document.
DATE: January 31, 2003
>r"~ '.' .',
,v-_-,.'-,-",-'--';"",". '1
\\Ntsb\family Iaw\Client Directory\Smith~ Todd\pleadings\Answer to Petition to Enforce June 20, 2002 AgreementRED. ~d JanlUlry 3 I, 2003
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Answer to Petition to Enforce June 20, 2002 Agreement on
Equitable Distribution and Counterclaim, by depositing a true and exact copy thereof in the
United States mail, first class, postage prepaid, addressed as follows:
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
1 7 West South Street
Carlisle, PA 17013
MARIA P. COGNETTI & ASSOCIATES
Date: January.lL, 2003
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
:l-.<,~'" _'
~'~.
~"
~~, ;;.
,~"-, ~~
~~~~b"'-
'"
~~- . ,~~ '^- ,,~ -~ ,,~- ~-~ ~'''-' ="'" -,,",
'"' '.-"".:i->""
lIiIi'
(')
~~~
V"'-'
C!jt';;7i
?t~:
~:Ci
J..-. _'.
'-'-, ( ,
~(i
Pc:
z
=<
~__ .~ ,,,' "_",",,.....I~~v_~, ~_ , " .,.,~,'_ ,_ ""_>~_"" ~~,. _~~,'~.'
'-',
~,
'G.:i
Qi
'.
'-
:,::,,.
:-~.j
" ..'?
~:" }-:,
~ ~ C)
~-:~~ <)
f1M
.1>
:0
-<
w
SY
(;:)
tli!
,J:
111
if I
II,
"
"
I,','
:11
!:t!
ilj
I'
II
"
"I
~I
tj
ti
II
1',',1,
i'
Ij
:fl
II
I':
II
II
r,i
I:!
~I
~-~~
,j
...."
'~
- ""-,.--,-'t
" ~o ~
^ ,,"i --.--,-i-,',;' '
~~,,:
,
,
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7489 CIVIL TERM
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this ~'^ N rA. day of January, 2003, upon consideration of the
I within Petition,a hearing is set on the Petition fO;jj,ud~~ thed. ~ay
I of rt.J;;'uAd , 2003, at J: at) ~in Courtroom NO.5 of the
I
I
,I Cumberland County Courthouse, Carlisle, Pennsylvania.
e Court,
Edward E. Guido, J.
Michael A. Scherer, Esquire
O'Brien Baric & Scherer
,
17 West South Street
Carlisle, Pennsylvania 17013
~~
J- 2;J...0.3
Maria P. Cognetli, Esquire
Maria P. Cognetli & Associates
210 Grar1dview Avenue, Suite 102
Camp Hill, Pennsylvania 17011
9-~
iifa;';;'~
^ .. : -~,--.; b -,~ '
-
VlNI/AlA8NN3d
AlNnW (],,~nffj8V1lno
92:1 Wd ZG Nvr co
I UV1' ,-,\ If''',' ."" :'-'i': "0
ACJ v. Ul \i-\.J I ;""'~F-__.g J ,.1' -'_ .;:J
301:l::K.:)-Q:j ll~
~ ","~".., . <~, ^" ~~,_",~,_"c'~~__e,m<, ,_" "
" , ,'''L",-,,,c' ,~.. ~,.
"
-,' -- ="<',
,
"1*
~
.,~
- ~,
"
1
I
,."-P-" ".
"
.
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7489 CIVIL TERM
v.
SIGMUND T. SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PETITION TO ENFORCE JUNE 20. 2002 AGREEMENT
ON EQUITABLE DISTRIBUTION
AND NOW, comes Erin Lain, by and through her attorney, Michael A. Scherer,
Esquire, and respectfully represents as follows:
1. Erin Lain, formerly Erin Smith (hereinafter "Wife"), resides in the
Mechanicsburg area and is represented by undersigned counsel in this matter.
2. ~. Todd Smith (hereinafter "Husband"), resides in Massachusetts and is
represented by Maria Cognetti, Esquire.
3. The parties entered into a written Agreement before the Divorce Master in
Cumberland County on June 20, 2002, which Agreement resolved all issues in
connection with their divorce.
4. At the time of the Agreement, the parties owned 4 Buttonwood Court,
Mechanicsburg, Pennsylvania, which was the marital residence.
5. The parties' intent was to sell the marital residence, as set forth in
paragraph 1 of the Agreement, which is attached hereto as Exhibit "A" and incorporated
herein.
6. The Agreement provided that, after deducting customary settlement
charges, Husband would receive the first $50,000.00 in proceeds, Wife would receive
the next $20,000.00 in proceeds, and any additional funds would be split equally
between the parties.
7. On or about November, 2002, the parties reached a written Agreement to
sell 4 Buttonwood Court to a purchaser.
8. . The purchaser conducted a home inspection and determined there were
structural problems in the basement of the residence which had been unknown to the
parties prior thereto.
9. Despite the need for repairs, Wife moved herself and her two children
from the maritljll residence in expectation of settlement at the direction of her realtor
Sharon Goddin, who expected that the parties would be able to resolve the repair
issues.
10. Settlement with the initial purchasers did not occur because repair of the
structural problems could not be agreed upon by the parties. Sharon Goddin indicated
to Wife that Husband would not respond to the request for an agreement to make the
repairs, thus, settlement did not occur.
11. Husband was represented by a realtor named Pete Weighert, who Wife
did not want involved in the transaction, however, Wife agreed to allow him to be part of
the transaction after Husband insisted on his involvement.
12. Husband's lawyer later informed undersigned counsel that Pete Weighert
was the reason Husband never responded to the initial request for an agreement to
share the cost in the repairs.
13. The marital residence sat vacant in December, 2002, and in January,
2003, until it was sold to the Durles on January 10, 2003.
14. Wife made the December, 2002 mortgage payment of $1 ,278.45.
15. Undersigned counsel wrote to Maria Cognetti, Esquire, to determine why
Husband failed to respond to the request for sharing in the repairs, by virtue of a letter
dated November 19, 2002, which is attached as "Exhibit B."
16. After the structural problems were detected in November, 2002, Wife
spent significapt time and energy in seeking bids from contractors to remediate the
structural problems.
17. Wife's efforts in securing bids were communicated to Husband and
Husband's counsel as set forth in undersigned counsel's November 29, 2002, letter to
Maria Cognetti, Esquire, which is attached as "Exhibit C."
18. On November 30,2002, the parties reached a new agreement to sell 4
Buttonwood Court to the Durles, contingent upon the structural repairs being made and
paid for by the parties and/or money being escrowed to pay for the structural repairs to
be completed later.
.
::
19. The real estate agents involved in this matter had Husband sign estimates
from Crider's Excavating, Inc. in the amount of $3,800.00, A1 Concrete Leveling in the
amount of $300.00 and Keystone Foundation Repair, Inc. in the amount of $4,315.00,
indicating his consent to payment for and completion of the work. These estimates
became part of the real estate contract as addendums, and are attached hereto as
"Exhibit D, Exhibit E and Exhibit F."
20. In addition, Wife was instructed by her real estate agent, Sharon Goddin,
that Husband had agreed to share equally in the costs of the structural repairs.
21. Husband never indicated that he was unwilling to share equally in the cost
of the repairs and Husband's attorney never responded that Husband would not pay
equally for the,repairs.
22. Settlement between the parties and the Durles was set for January 10,
2003.
23. At settlement, Wife learned for the first time from Husband's attorney that
Husband wanted the costs for the repairs to "come off the top" of the settlement
proceeds because the repair costs were settlement costs resulting in Husband
receiving $50,000.00 from the sale and Wife receiving the remainder of the proceeds.
24. Husband's position regarding payment for the structural repairs is
specious in that taking the costs of the repairs "off the top" simply results in all the costs
of the repairs being shifted to Wife with Husband not sharing in the repairs at all.
,
25. The agreement reached by the parties indicated that Husband was to
receive $50,000.00 in proceeds after "customary settlement charges are deducted."
26. The structural repairs at issue in this case are not customary settlement
charges.
27. Husband departed the property in approximately April, 2000. Since that
time, Wife has made all the mortgage payments, which include escrow amount for
taxes and insurance.
28. At settlement, Wife attempted to have the tax proration for the school tax
in the amount of $886.50 reimbursed to her since her mortgage payments resulted in
the payment of the school tax bill.
29. J?t the time of settlement, there were monies held in escrow by the
mortgage company for taxes and insurance, and those monies were collected from
Wife when she made the mortgage payment over the last two and one-half years.
30. Despite a very clear agreement and no objection from Husband regarding
sharing the costs of the structural repairs until the hour of settlement, undersigned
counsel was forced to attend settlement and prepare this Petition for Court.
31. The proceeds of the sale of 4 Buttonwood Court are in escrow.
WHEREFORE, Wife seeks an Order of Court directing that:
A. Husband's proceeds of $50,000.00 be reduced by half of the costs
of the repairs for the structural items;
"
'" ""I,~"~.-'I -'~"'" "" ,:,,;,r'~'-d_' ,- <"--",;', '.:"i",,,,'-,', ,.-. -"'lM"::.)
,
B. Husband be required to pay Wife the sum of $639.22, representing
one-half of the December, 2002 mortgage payment;
C. Wife received the um of $886.50, representing the refund of the
school taxes which had been paid by Wife.
D. Any money remaining in escrow with the parties' lender for taxes
and insurance be paid to Wife; and
E. Husband be required to pay undersigned counsel's fee in the
amount of $750.00 in connection with undersigned counsel having to spend the
morning of January 10, at a real estate settlement in Camp Hill when there was
no need for him to be there and for the time and expense of preparing this
Petition,and litigating it in Court.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
!Etf~..";~
I.D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
. .
I
I
I
I
I
I
I
,
I
,
i
....--
0<<
J", _ > ''''j;
VII!RIJIlICATIQt:l
I verify that the statements made In the foregoin~ Motion 8Al true and correct.
i
understand thlilt false statements herein are made subl~ct to the pellllltiea of 18 Pa.
,
c.s. ~ 4904, r.lating to \lnsworn falsification to l1Iuthoriti,a.
-
6Jk1( m. ~~
,inM Lsln
OAT'o/~
,
;;
I;
:1
jl
,I
II
LC :;ro~,j
:3Ol~~O M'1l s~o
g~LS6~i:L lI.
LI:~t E03~IEtlTe
"
-"~
.
I.
.,~...-.lJN~K"
-'.
-
correction of typographical errors which may be made during
the transcription.
The Plaintiff and both counsel will
return later today to review the agreement for typographical
errors, make any corrections as necessary, and then affix
their signatures affirming the terms of settlement as stated
on the record. When we leave the hearing room today the
parties will be bound by the terms of the agreement even
though there is no subsequent signature affirming the terms of
settlement.
Upon receipt of the completed agreement with
attachment, which will be the power of attorney signed by the
Defendant and the receipt of the Defendant's affidavit and
waiver, the Master will prepare an order vacating his
appointment. It is anticipated that these documents will be
provided to the Master as previously noted within a week of
today's date so that the Master can vacate his appointment
within the next week to ten days. Mr. Scherer.
MR. SCHERER:
1. The parties are the owners of real estate at 4
Buttonwood Court, Mechanicsburg, pennsylvania which was the
marital residence. The parties agree to list this real
estate for sale immediately. The parties must accept any
offer to purchase the real estate which is in excess of
$245,000.00. The parties may refuse any offers on the real
estate which are less than $235,000.00. After the mortgage
is paid and the customary settlement charges are deducted, the
husband shall receive the first $50,000.00 in proceeds.
Wife shall receive the next $20,000.00 in proceeds. The
parties shall share equally any proceeds in excess of
$70,000.00.
EXHIBIT "A"
-0 el.,....., <l "~"""";i:l~ic,,'-:
.'
If there is not a contract within three months of the
date of listing, the parties will agree to review a lower
listing price. This review will occur every three (3) months.
wife will continue to make the mortgage payments for
the marital residence and continue to pay all taxes,
insurance, utilities, and all other costs necessary to
maintain the home. Any repair or maintenance cost in excess
of $300.00 shall be shared by the parties after notice and
agreement of both parties. Any such costs below $300.00
shall be paid by wife.
2. Wife owns real estate at 17 Ashburg Drive,
Mechanicsburg, Pennsylvania, which she purchased prior to the
marriage. Husband waives any interest he has in this real
estate by virtue of the marriage and wife shall become the
sole owner of this real estate.
3. Wife drives a 2000 Chevrolet Venture mini van which is
jointly titled. Husband releases any ownership interest he
has in this vehicle and agrees to cooperate and sign any
documents necessary to transfer the title of this vehicle into
wife's name alone. Wife shall be solely responsible for all
expenses related to the ownership of the vehicle.
4. Wife releases any interest she may have in any motor
vehicle husband currently owns.
5. The husband has returned to the marital residence and
retrieved certain items of tangible personal property. The
items of tangible personal property in the respective
possessions of each party shall become the property of such
person who is now in possession of the property.
6. The parties have divided all intangible personal
property that they heretofore owned together, including bank
accounts at PNC and Allfirst. The intangible personal
property currently in the possession of each party shall be
the sole property of the person who is now in possession of
those assets.
7. Wife releases any interest she has in husband's 401(k)
with HERCO or any account that he has rolled the 401(K) into
or any other retirement benefits of husband.
8. Husband waives any interest in any retirement account
owned by wife.
9. Wife withdraws her claim for alimony against husband.
__0
-,;.-
-
I ~. 'r'"'. ~ ..J';;."gi,:
.-
Law Offices
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle. Pennsylvania 17013
Robert L. O'Brien
David A. Baric
Michael A. Scherer
(717) 249-6873
Fax (717) 249-5755
E-mail: mscherer@obslaw.com
November 19, 2002
Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, Pennsylvania 17011
RE: Smith v. Smith
In Divorce
Dear Maria:
I know you have been in touch with Pete Weighert regarding the sale of 4
. Buttonwood Court, Mechanicsburg, Pennsylvania.
The house was under contract recently, however, a home inspection revealed
foundation damage and the buyers wanted that problem corrected. As I understand it,
since neither Todd nor anyone in his family would commit to making the repairs, the
buyers were not obligated to carry forward with the contract. The Marital Settlement
Agreement at paragraph 3 clearly indicates that any repair in excess of $300.00 shall
be shared by the parties.
The problem at 4 Buttonwood Court is not going to go away. It must now be
disclosed to new potential buyers. Erin has indicated that if the work is to be done soon
it must be done within the next two weeks or so, otherwise it will have to wait until April
or so. The other alternative would be to marketthe house with the problem and provide
a credit to the buyer to fix the problem, however, I don't view that as a good alternative
to market the property. The current estimate for the repairs is about $9,000.00. This
sounds like a lot of money but is much better than the initial estimate that came in
around $18,000.00.
Erin gave her tenant notice on October 11, 2002 that his lease was terminated.
This was as a result of the pending contract on 4 Buttonwood Court. Erin was directed
by her realtor that she had to vacate 4 Buttonwood Court by November 15, 2002, which
she did in anticipation of settlement. When neither you nor Todd nor anyone from his
family would commit to the repairs, the buyers walked and now the property is vacant.
Erin has made the mortgage payment for November but expects to share the mortgage
payment equally with Todd for December and thereafter until the property is sold.
EXHIBIT "B"
,L <"
_~ i.
. ~- i1~ii-;
Maria P. Cognetti, Esq.
., - .11/19/02 letter
page 2
Erin has been told of a potential renter for 4 Buttonwood Court if Todd wants to
avoid a vacancy in 4 Buttonwood in the coming months, however, that potential tenant
is not a certainty.
I need to hear from you with a commitment from Todd on the mortgage payment
and a plan of attack for addressing the structural problems at 4 Buttonwood Court and
the sale andlor lease of that property.
Erin has been working extremely hard on marketing and selling the property and
has shouldered all of the burden thus far in dealing with this situation and Todd or his
family's cooperation are required at this point.
Very truly yours,
O'BRIEN, BARIC & SCHERER
~
Michael A. Scherer
MAS/jl
cc: ~Smith
~
mas.dirtdomestictsmithtcognetti.ltr
~
I,
I.
c,l,_L
"
L -~_i;" 'll."'--' ';"'-=~:,:;,,;
. .
low offices
O'BRIEN, BARIC & SCHERER
17We.lISouihStreet
Carlisle,PlllJf.ly/vaJlial701J
Robert L. O'Brien
David A. Baric
Michael A. Scherer
(717) 249-6873
Fax (717) 249-5755
E-mail: mscherer@obslaw.com
November 29, 2002
VIA FAX ONLY 909.4068
Maria P. Cognetti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, Pennsylvania 17011
RE: Smith v. Smith
In Divorce
Dear Maria:
I write as a follow-up to our conversation earlier this week regarding the
structural problems at 4 Buttonwood Court.
Following our conversation, I spoke with Erin and explained your difficulties with
Pete Weighert. Erin's reply was that she was unimpressed with Mr. Weighert during
his involvement in their purchase of 4 Buttonwood and that is why she did not want him
involved in the sale. Perhaps we can by-pass him for what lies ahead and you will
agree to work with Sharon Goddin, who I have found to be diligent and helpful. Her
phone number is 730.5572.
You had a question regarding why the estimate has doubled or tripled for the
repairs. Erin indicated that initially, she had gotten an estimate from a Mike Mellot who
had done similar work for a friend. Mellot's estimate was between $2,000.00 and
$3,000.00. Unfortunately, his proposal was rejected by Steve Yingst, the principal in
the firm who conducted the home inspection. Yingst said Mellot's proposal did not
include enough rebar and concrete.
Thereafter, Erin sought additional bids. She has coordinated the bidders with
Yingst to ensure that the work, when completed as proposed, will pass inspection by
Yingst.
The bids are from Keystone Foundation, Inc. for $3,940.00 and Crider's
Excavating for $3,800.00. Keystone apparently does the work to the wall and Crider's
does the soil removal and regrading. There is a note on Keystone's bid for an
EXHIBIT "c"
-
~- ,~
1_-
',~~,.
Maria P. Cognetti, Esq.
.11/29/02 letter
page 2
additional item of sidewalk leveling, although Sharon Goddin did not forward that
estimate. Erin reports that it is about $400.00.
Thus, the total estimate for all work is $8,140.00, which is somewhat less than I
reported to you earlier this week.
At this point, Erin is looking for a commitment from Todd to share in the cost of
these repairs equally. Sharon Goddin is asking for an immediate response, as new
buyers have emerged who have looked at the property twice, despite the structural
problems. Additionally, the corrective work may still be able to be completed now,
prior to the ground freezing, which will make the sale more likely to occur.
Additionally, a mortgage payment is due December 1 and will be late as of
December 16. The total payment is $1,278.45, and Erin is hoping it will be the last
payment which will have to be made. Erin will agree to share that payment equally with
Todd.
Please reply to me and Sharon Goddin as soon as possible so that another
buyer does not slip away.
Very truly yours,
O'BRIEN, BARIC & SCHERER
~
Michael A. Scherer
MAS/jl
cc: Erin Lain
File
'~
'l~_
""
1~]/~~1L
,
i,
j -...". .--, .-- ."
r."Jd-r-r-/ &po I( ~ . i' - ;r W'W
KeVSlone 'aunll.lioD' 88 air, Inc.
78 Esst Maln St, P,O. BOle 296 New KinllSto
(717) 697-38761 Toll Flee 600-822-8880 1 Fax I
PROPOSAJ./ CONTRACT
Nallle, Del" ltl,',,,, ,J)/'nq_ ' m)l'h,... _ 32- 'tJ(.l;lOt./
Md..." ..~h("lr-... .s.. Pl{'~'l W"y .' (;it)' J'JJc:d!fI"'''', h.. :1
J"h~i~,..1f j~"#,,,t;} Idr',/t:lJ. rf,. C'iIY /IJ""lv, :.
MH1(;# 121%87
......
tsil":la~
C:<lId<::-i>i:i:rii:iNn
Cooloet p~",,,,,
i q2.~
\1-,.....; "q.r'_.....
..,~& ''''''''-
. *_ Suite .Zlp J 7tJ '. ~~-
. $1O\r ~7JJl_.
'!
Keystone Foundation Repuir. Inc. herein n:fcrr~'lI to as 1.Kl>'R) will provide Ilubor, /lIat~ri81 ~d equipment to
rompldc: Ihe project a.~ de.<eribcd in this pl"oplISal anel. ~OWII on thv provid d Nketdl(l:l/). (URm ked boxllj dQ not
IIppl,.) Tbi.1 propo~a1 h"~ _.? . ~k~lch(l!S) pruvided witll it. ,
o 1..."'11 pi.. J4ckiDI SJ'Slltlll ,~, _ . . ... ,,,,,,,volhIS b <<,., \~ "hi'.I' 'h~\ .1~lllh\'''nl\Y ,I"., d",.u Ih.
U Kr-R, will inlt~t1_S,.hlli..,( li.Ue~ll'ilmJl('l onrh. ~.t:".;.IIIY Jl ~... '
'Fuuntl.aI.iol1ln lift and/or $1I'biJi/c iL 1"1\e Jtnlerure A'lIy nul !:(I -I C:uli:lmntt wi 1 proviik r.~~"ati,)ft itnalba~kfi11
I now, .)(Ih. w.y bac. In i""rl~ln~IIlO'ldon but il will he Gco...1 <:nlt<litio . ,
~ .I:dlili,..d. rr llull,"~1 ti.'d c dlrlon. '"' dl..."......d U~t ....Id ... "" n:,,~","bly
Ii:'. Bowed <<'t' cr.adctd wan repair pnta..-dllt'~ toru.~t!n. the" K lcil.'TVl>' the riS11l If' m~1:! dt'.tnllcs in fh~ir "1'1wu;,,'h
Vj) S'ablJjt~ Jlllllau .. L,/" ~r Willi. 10 bolle.linh. 0"- $
o ~1..iHI"". a1ld stobili... _1..1". nf woll. KI'~ will 11I11 "" II Id (."",..ibl. r,., ,h. "1' r Ill' Oily ',r... .",'h ,II
U (~"'t 2" h,,~ in lhe "iP row at hlock un lht nl.ltl'hlt and iI1A'r't di1lnasr.111411U1\)' CCUrltl thg inltmurUl t'ol. ft(lt'oith" ~MtJn;' hlC:I"J.
one ._ ..hor ..~Ieally into rhe evil, "r tbe watl ~try in, lI,illli... ~
f'I'.t" 'P'Ul'I\l' Ih~ ""nil rl.lu of Cl,.'mI.:n1 ~rllU(. "l'hill 1"\Ip.)~al d~ nut jnchld~. Ihe rurniihu . 0( aM)" p;mlb.... li,:ell.\(''l,
'C/ 0 Due to limi..u ."'.... . L.P. or w,,11 will nor hove re.nT h"/i<J., III ~ddl'i'I""1 i..U.l"'.... b.~ond W~<II <lI""/iUY.a,...1ed ~y KI'Il.
'io..rtal ~."iCllly iDlU the ~oll, illiG dm ponlU\\ of lh. wall "Iil~ KI'R wlll r"ry,i,J, a "".d, AlIlend in.~'nll"., 01 pmYldc a Iil.'Cn"', if ro.
,lted fa be pump.d roll ,"f groUlli'om ,"" I",ide. ' ~UII'Il(I. plIl"illi"U II,. e,n'\lO<ior or owner wi 1,'AY the Pl\'milll.\
o 4f..rpulnl.lll~ i~ Cllmplel.d.II.. hnl.. will il< filled in .u,1 U,. IYlbl$ IVnT' I, .wardod.cblA pl'Up~1<iI1 will ""'r'Il\CI~eeUnl'''''' ,,,.,ill ""
nmdl: lUln hf the CODb"at:f, t
e.teriOr .1U~ I.f II,. ...II.llOwiDR nbuw Brlld. will be finish l<1'R will .I..n up ..II haul aw~y all jOb 1.,..1 d.hriA u.I~. 010'"
PII'Bod. (Nn gUO\TMtc<. un p~l'lllng .,hell "pp'yi.. uv..~ puiol. ."",\ "el,~w O( onjol> ".1.1,. '"lttlnT orea; ill b. brna".loMcd ~nly.
\ill" t)r An)' other cKhatn$ eU&ll.h,o:-, ttualllrc UJ!:IIt..m'/'lcL tb.:rc is 1\0 Rig"I.'C or It.c''~nti'y II. npp<"rnmib'to ell
gU....llll..lhaLlh. 1M"... <olor will "'Ul\;h 111. .xls,il\& II'U"",I. 'till "","...h.llli",oIy nllllly .he com.lI.,,, ..rony broa.h .",11.. Mil
:J S'N"O wall jilek, will TCm.in III r1a<:e for backnllin~ /lud willll( "'il"l/'m~n\'e wi,lI ,I.. pertilll"~a~" "r ,h... n.r.... lII1d Ih. CnnI",.M
ralnoved wh.n Ih. b"'",1 ho. "~lIj.l.ndy hll.lonc4. WJlOn.1I ,h"U h,ve .hn nehllnr.,enler,o. pIt'ml.., i".pt.'tllh~ p",".j..! ond
Ih.t m,,_iIlA iA ~1' l'tm,ov.1 ~f wall jllCl:.. projecl h .un.,I"",.~ a I.olllnuhle"pj,nmonily 10 eon: lIn1Ilor..le ~~ in w~rt.I.....hip Of lI~n.
.amplaced for p.~",,"'l krill<, .~nfQ"n""'. In Ute colllno.,. Kl'R h..1ht IIht '<1 "'" ~ .\\CtlIOII ,. '"
C AU opcn(.TlIc;ked 't1OJUr.ioints in Itu: aN.. of work. will bl.~ elu>iC:d ht f'lI,uedY4llY dcf'lc:ilJt1c:icli.
rt[K')inle~. 'lllcn: 'l' ntl gIUtr"'1tcc that the mrlrtilr I:tllor wilt macdl ~lnn.1und Rc~ir Wl'rr"'nli~" Pt'ovJ4\'4 qn ,S "l"iLrutl: D"t:ltl'nenl.
the c~i~linj; IM.W, , Nuli<< to Ownerl
CJ I<PR.,iII provide ex..."ti\!lI .m) "_.klill. 1"" n..,,~{..J I)" nol silllt tbis ugreement in blunk. VOII an: endlled 10 a
II.... will be h..kAII.c1 In mU2h e..d.,. Xl'R i.' nO! re'P1>lllilllI: "'PY or 111" lI/lI'I'om.nl It llJ. lime Y" 'JIll), YOII, tb. buyer,
f!!J rC.J.."I.e.nlo~ or dQl11'" n. "I."t< andyl\l'd. mllJ' C;lilc:elrhL'lfallSactloll alan,. II ,prior tn midnight or
.lock ~r OholMlCtion Rt....vat (RurA ~.) is d.r.ned ". Ihe lIllrel bu'llnrSl; day ~r the duy 0 lraI\SlIetlnft.
malCTiul"'hi.bClJlnOlb"..ca..J.Cd..i!'l:...~nw.'d A'" C , oj. J Ic'/.' r/B" ~'rl<'/l.tt;. l::' 1r'lIe;'~.
W 5e~ S<:',Nre.ho &<1 5Mt!;-r~PI .... ':,,'<I"e. <' ~ "'S ..,. <..8/
@ M-JI J}/lt" c:.. ;:;'.1:). N/> 'x If /Jf-.~ (';", .J.,"t' in II,,. (}".,r"J. r.;.f'f"'C~.
'J;, "ni' ~ '7;(7": 7-1."':'''("...9'' h....... J,. 'H)e-eJ A:~.~ ....~~n^jJ4.,...
~'JPI:tf ~dd ,'W'''''''X'. 2!/.z. ~ ~x JI.I"'_r:...!2..:~....ft"j 7' !>'CO
"--- !,-~ /." ,,I.),L..('~,.,.,~o ~W-:'Tl.rM~ .
_. {(..J..,../ #.~6. ':-1.. ' . "
Tnt I
M;;;;141\d C\l);ro.mcro'll AU c~nm'c(or"" ;u~i'JNb.;ontrnc:tur.ll in tilt ~1:1.t" o-fMa".l~lIJ .;",.t .,;: lit:cellj;wd hy the Mwyhlll&J Iln'lll: l'rrnlv~ment (;omrnb,,.illl\.
Y"u 'n"~ ~ Ihe ('''nlllll.~llln IIt>QUI ."y ."II'''~lor by cllllill~ (4111) 2.\(l.^)t1'). ,
P-.yment ICrmli: :'iU'X< p;td wh~n pl\ljccC l.;. f\b.rtiniS ilm. ha1ilncc ~lIid un (u,i'plC1It'I1. llrlpOli4 haJan"..: uflcr :\() Ita)'" J~ .,nhjwlOl!l(>> ,,,'it Inlcn:",(
By s1~nitll: b~I,,"', I hereby "'Ule ,1..11 no,'. c.n:fully ,ead.1I inr"'lIll1lilln proYIII,,' hy 1:~~~IUnl' r,,"ud.~o. j("~lIit, I".'.. ~n~illin~ I" Ihe pl\I)lI"..1
w~rll 'lid I ~~~ 1\11""1."". aod ~un"ili'''''lI'''<< fUl\h ,
. CZ/2(u _' 1/ L ~.Z . :
SJIe.t laY 1!"\1xittn.wl'l; j~ ,. . ~...".... nWftC'r WI" ituUn"it,..d ~It'n(} 'I"",IU"
D '" ~J_ 7_a,r _,
;w, 't~I'IIIl1I....'. MI1lt tpr'IU O~II('r (or bUlliuni~d 11~~nl.J Pnm' u;
-
.I>..ll;'
, .siii... p"""', Mtilt:, .'IMwYI"rllJNI.VJ
: ZO-d V~Ve-L6S-~~~ aU~L~^.1 e~e~~uo~ t~ ~LE~tt 20-vO-^ON
'C~~~,& P:r', I~~ EllliIBIT "D" .
~ ~"t .......'" ~I . ,~
i .,:,,-,"~" '.'- - - :ffi:;
....... ......,....
I I U ~
'.,
CrIder'. !XOlv.tlng, Inc.
. POBlllC40
M&lI}'IIIAII.. PA 1 '053 .
BUllness: 7130-9410. HOMe: Se'1-241e
NOVllII1bOr 12, 2002
~ Realty MICe
AItn: S. Goddin'
lo: Lot ilI4 BIJttan Wood
','
Bt:Ope otworlc: Dig ftench drain ill rear ofy.;d, InstaIJ two 3" ped'orated pipllf .'t/ie Itou8e to
' dralll.wallarea, tJJen inltaIJ plut/c and tan bark. Due to time otyear the!lll"'..... rm be
doae ill eprill.8 0/2003 a10D. with the seeding lIIId hay for cover. I
Contract price. , , . . . . . . . , . . . ; , .. S 3,800.00
.~. :
"
I'
,
".
I.
I":'
EXHIBIT "E"
'~77l'~
{U~j ~
; .:~tJ ,1 ",
~Ar./~
' ,
/ '
lc9W.?z,(c.fu /&/ A~ J1
I
NUV-~b-d~~d lb'd4
"
CH~ln l~~n ncu rM
"~~~' I~~ ~l
.
.'RMllli:lf.lJl!ill!'~1~'
...............~ '_1
'.
A~J COllc,ete leveling
A On'fSIIIIl (If Koystone FO\lndati(ln Repair, Inc.
78 East Main St. P.O. 60x 296 New Kingstown PA 17072
(717) 697-3878 I Toll Free 800-822-8880 I Fax (717) 697-3434 i
PROPOSAL I CON-1'RACT i
$~ldT~: Do... ldu.nJ I' WOIII Lacallan:
7.. YtJ'trKC:f 'P)a. ~<!i. '-- c..y' J-f '(.ilc.J~ ""-ve. J f~ 1-
/JJl!ck,/'t;6"f5 J! / m!n':, .~4't-A ~A . _ i
ContaC1 Pars<<l: Phon,; (~) 2 $ "1- /(j/.}c, R p. to
(W) ,1 2-r::;: r:... J"JJ:.:;r 7.9.r--r" '4 Z. O1~a':
Waler Available ---i I!locltia AYlIil.bl.: ~ I~a~ AoeA'S: J \,.0. No.: ".. - '-'
A.l Conctal. l.ave111'1~ h.,.i.t.:.n rolerred 108$ (A.l)wlll provide all labor. mate,iar and eQulp...nllo "MIllela tile projecl d CI1bod In Ill.. propoo.v
conll'llC\. T.b prOpOSal .as ....ch(..) pro.._ ""'. II lOa' may conlain acldJIl''''ol detail. 01 IIIe ...rIc 10 b<l p.~or
MHlt:# 121287
Amount
J"'IJ~ / " t..<n j...,. h urc:. rot'lt. 61
aj'A.!.t . I""'k"'.J.!}/!:J -<,-",,/.4.-_ Gt." 11i!'r:.J~1
$.!.."/1fd:J.,:; ,.. Vl".(1....~ ..i(}/~ t~-,.
/ ~
_ .\. 6"" .$)-,..,.J.,.L 41= -t.. .
.~ ..
,
I
i
'1
i
,
,"I
I
-I fax
r
I
- -r-
PaId. .!
I
I
I. Pa~",~nl.. duo"'l ",,",pleriun. Unpaid ba!ancl' .r"" ~114~. i$ subje.t III 1M'.lt hlleR"I. I
2. l'loll<S\lI.n.,ibl. for sue.. '"nI.k~ in ar nca' ,h. :lJ'e:I of \York wh"nl$V6Ilng e'II1I'\'l:Jt lit pJ't!iSltl1: .,....Lin~. i
3. Ona year \VUn'ktt(y an leychns \toIlwk rrolD date ,tf C!urnl)I~t1CHt wltiuh rruvida.-I:.bot Ilftll m.ueri.als to rt,!!l'ut" :111)' t1diC~'.lt1' in wOI1:ln3nlhl1' III
t\Oft.,cQnrunnonce to me C:UUCtaCt. '('hen: \\rm he na Wimmf)' un Icv-tUna woric when tl~ COnd1'll~~J"'l\ b JeaN Ihan , 'J n old.
4. W111tn neeCSIUIJ')'. 'he ~orkarc" win 'hBe.c.ttndCd bey","l ""hi" 1$ indiC1iLW un thesk~lch II~ nl,tlin pnlpel ali~nJ\1cnc (: r Ihe' prnposcIJ maul' w~ra:.
S. Caulkin, lit palehing e",ok. QI\d .iDints is 11<.1 hlOludc4 ~lon~ ..ill,le~llng "'<Irk. t
Co. Wbl:n I.v.lin~ oround .wlmminK pool, A-' lI.'i11 aol b. h.lIlllable (orany dlll1\ag,&l 10 l.nHill1 n(lh. puol.Ilm:'..... In ludi.~ plumbing 11f,,1 ,Ie<m..
Ie Ine ,wimllUlIJ: I"",J ,,,OJ; pro....l)' .nn.Inl<I<~ lInd i'l $M<l ~o~diH,",. l~"" ,~u.I<lIl'" be ony pn~tle,n.. .
7. A-J will nlll he held liablc ell' any d"""'1< "' JlI."'btnG. wirins Or du.. work Ihul i. d....dy ......th. ill. or al,,"~ Ih~: d~c ur Ih. .MIlICI..
W. Iftnc c.:lI~ltU"tr c.n noJ pl'o'Yidc mIning water.lhcrc wilt In: an addidQnlJi IS'*' Mdcd 1U I~~ OC\til of level ins a(I~1 i'tt=' ,1'\' t'l'uuLhl~. with Ii blif\imull1
ch&r;e 0/ S7~.on. . .
9. All indoor JlMJeers and uny "th.r pll.l.i"':I'lhalc~R."1 be "h"'Old dnwn" duullt I..ttic.;u", h~ lh. <O$lomr.r III luuk of I..it'~ wator pn1villod I'y tll<
cu,lmll" will be ....m CICMW unly. .
10. Nntitt tu Ownrr. Do not Mgn thL<i urecn"I\( ill biw. VUlIlIl... e.ntide:d III II ",ul~Y ot flw '.lS'~l\l ~I rht~ liUIt!i )1t}~ "'l~ft. VI'''. the. bltyc.:r. Tn;),}' rnl1~L:'1
thl.lf.R..cllon 01 allY lime prlOrlU mldnieht o( the Ihird hu.iru:.. dll)' .rlOr the dllY ..f1ran~clion. .I. .
11. ,\0" IlCIledullag is "",mil." .nCS....)' ch.nge .,.tI nn the ~h,r1l1l'" da)'. MIl.)' ~...j_ en"" Inll=.c &In .'IICeI"/'. Our C... is .0 lint.... ...h
lll'Oject bet... .1"tlrrK 1It.llcwt. OIlft ~larlCd,lOur projen wlU be t.....lell tile ume way. I
Maryland CU'I"n,..~: AU.Ulllr,ClRl'l an~ ,ul.conu1~lol\llu the ila'. ..rM.,~I..d """ lJotIiCi:ll..:d hy t~e Maryland Iln+a I..pm.emanl ('u.llnilOjlln.
you may ...k 1110 Co_I..i"" about any .nntractor by .,mlll! (410) 2~1)'63U9. I
lIy .isnillgbc!ow.1 hereby ,"".Ihall bav. .,...rlllly re..d all inl'nrmatiu. I"Mld~d by A. \ (:Qner.I.I...eUng I",""i'.in~ I~ Im'I"<lro:lOd wnrll and I "gn:<
hl the lCtn'll'S f~nd ('olld.i,iuns lU $t:t fonh,
Af!Y
lotal:
-J...c,y
h u"dr,,6..!
Crew:
D" 1/6. r"'.
S 3odct.
Oat.:
MHoIJI'S:
(ll\N~IIAL CONDITIUl"lS
.g~~'
~I '&S!'o1!'" Jh
_.~.h . -r: j!o I"
Saktsman",s (prinl1
.(1 ::;a::n....~lc._
. Jv..--n1. ~~
A. n ~ (Q c,.
f/i(4~
I.
/
.-t--.
,we:
r:LlJlQmer\)tAg'-Ilt'IiSit:tl~l!Vrr.
,
----,--.- ..-
Cuilon'Cr or A9lHlt'lS (pl'ml)
- . - (Mll"j'....""'YI EXHIB~'FJI
1>€1>i:-"69-f~t,~'-'!~_ Gli-.Le. ".:!<........,,::J
------c.VfG,,/_ lil..Pa ..
j
t~ ~~~.tt ~O-vO-^ON
, <<",-,- ""~-li''''-''-'.- ~- '-, -,,-,",~',C <,,'. '",,-,,-,'<-. -~ --~-- 1JM,i;-~
.
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7489 CIVIL TERM
SIGMUND T SMITH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on January 1'1 ., 2003, I, Michael A. Scherer, Esquire,
did serve a copy of the Petition to Enforce June 20, 2002 Agreement on Equitable
Distribution, by first class U.S. mail, postage prepaid, to the party listed below, as
follows:
Maria P. CogneUi, Esquire
Maria P. CogneUi & Associates
210 Grandview Avenue, Suite 102
Camp Hill, Pennsylvania 17011
~ ~er, E:squire
MAS\Domestic\Lain,-Smith\lain.mot
II
,
,~
I ,>,;_~, ,,,.
,~,F _",'~ ,-~,"'!
,Il'", '.fi"'7Y'~,'''''',,,,'?:r''__
", - ,,-2;'''IlI(: '-""=~- ,',~, }'-,
_ o~, _ ',^
,."- 1'-1 '--, "-", ,',_'C ,_~_ ""No
.
~, - -{,
0",",
,-, ,-- ~-,
'.
L~(I
n',
~~
~~~~
...:::...
:~
.
o
<;;
~-. " ~---
-,
L.'
~:J
10
~,-;;
:<
.."= L. ~', .
,
ERIN M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2000-7489 CIVIL TERM
CIVIL ACTION - LAW
V.
SIGMUND T. SMITH,
Defendant
IN DIVORCE
IN RE:
AGREEMENT OF THE PARTIES
ORDER OF COURT
AND NOW, this 27th day of February, 2003, by
agreement of the parties, it is hereby ordered and directed as
follows:
1. Keystone Land Transfer shall forthwith pay
S. Todd Smith the sum of $44,767.50 from the seller's proceeds
which it is holding in escrow in connection with the sale of
4 Buttonwood Court, Mechanicsburg, Pennsylvania.
2. Keystone Land Transfer shall forthwith pay
Erin Lain the sum of $11,686.40 from said escrow.
3. The separate escrow account created with
Keystone Land Transfer to pay for repairs in connection with the
sale of 4 Buttonwood Court shall be used to pay for said repairs
when the work is completed.
Any remaining balance shall be
distributed to the parties as follows: Seventy-five percent to
S. Todd Smith. Twenty-five percent to Erin Lain.
4. Any escrow money refunded to the parties
from the mortgage holder on said premises shall be the sole and
separate property of Erin Lain.
She has the authority to sign
any refund check on behalf of the said S. Todd Smith, and
deposit it into her own account.
, <l..' ~"
.., ~'";~;\
,
Michael Scherer, Esquire
For the Plaintiff
Maria P. Cognetti, Esquire
For the Defendant
:mae
By the Court
,
Edward E. Guido, J.
-~~
;2 . "n- 0.3
~
~t:r
"'~Il_iJ7""'-'>
~1il:&ot"o1!1li>;G!<i;I!il!WA~
"L(,j,,~lifii-'
VINV;IlASNN:ld
ALNno:J 0!\.f\.f";l~,;TW'.JnJ
60 :~ Hd LC f:13.H.:O
1I1\.'!I(~t'Ji"iI'-~ ;'-"'.,:-_ :".;';.11 ...0
ALI!,>..'.,...1 ,__, '_I,.'l,.", ..J, ,~. ....,,\..
3Jl::J:::!Ct--(I2j "i!:J
,,^ ,~"""'~" - , ~-=
--~,~ ~~~,----
,~ , , +~_" "~_C_
,_ ,~<kd ,c".,~-~""_ '1''''''
---.
~-- ~,-~-,--I.<
'.l.!lIlli~iH"iillr
~, "~
~ ~
~-G'~'
".....
"',
~j
:I
,~
,
;1
!I
!1
'I
11
i
I
.