The URL can be used to link to this page

Home My WebLink About00-08405 ? ~' ^' ,,-,--, _~__ , -.J'""''''- - >.1 ',,--, ,C,,'_ .".;:";~_ _ ,- ,". ~"_~_,.- ,_ -,. __,;.."..1,-'- ,j,.",,-..'-"',' <;"_',,,', WILLIAM J. SCHANER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . ; NO. 00- gl..{O) CIVIL TERM TRACI L. SCHANER, Defendant : 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 Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 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, PA 17013 (717) 249-3166 l' -,~. . ., I, ~. .'-',.'" . _'~'_';_"'_d'C~ ~-" ' .C'."^<".__, ,.,;;;--,-~' ':'"_~'-"",,,^-_ ''''''1 WILLIAM J. SCHANER, JR., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- f'fo~ CIVIL TERM TRACI L. SCHANER, Defendant : IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is WilLIAM J. SCHANER, JR., presently residing at 4066 Seneca Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is TRACI L. SCHANER, presently residing at 2110 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married June 27, 1997. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party to this action in divorce is currently a member of the Armed Forces of the United States of America. 7. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage between the parties hereto is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. 2 I <_." ~.. ~--.>""~ "~"" '''".--,<",-~., '"v"'_.",~,'..I___" .'Jo,;"",,,'''''~'' ~ COUNT II - EQUITABLE DISTRIBUTION 10. The parties are the owners of real and personal property subject to equitable distribution between them as marital property. 11. The parties have incurred obligations during their marriage which constitutes marital debt. 12. Plaintiff requests the Court to equitably divide such items of marital property and debt between the parties. WHEREFORE, the Plaintiff requests this Court to: a. Enter a final Decree of Divorce divorcing the plaintiff from the defendant; and b. Equitably distribute the marital property and debts; c. Grant such further relief as the Court may deem proper and just. Respectfully submitted, BY~~ JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 20952 3 ~I " " ',,',.1.;"'1')[..:._,,; c'," " :1'" ".",", ".' ~,','. -"~ -',,-~. ,- - ;""., '".."~.'.V {<;-,h.-."~,,,~ -''",,'.,.<',, ':'''4 VERIFICATION I hereby verify that the statements made in the foregoing 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. \~\,\ l!)(') 4 --, . t,.,.;:;:." -"'" ~~~liJ .1iDlilil'J!!iI....,.;"'" ;~~~;)!~ito.Ml'MI r ,;,,'+'~,-~,{ ."" - ,~-,~; -.~ .'.i--.;)-' . . ,.' 'I x ~ () (J 0 0 "- ~ 0 ,) 1;\:-- -oOJ 0 ~ -" ~ '-~ t'l -....~' ~ 1 [flrn CI ?ilpg Z-." '6 lIJ fJ'., <::::;; -,.J zr:; I :fi II] , . '::"J 0"5->.. .~- -<~"~ -....\.... ~ ~ I) cl ~ c:- c; ~~~ ..c:: 0 " ,? (l :s C"' 10 Vi ~O ::J:; j>O \.') ~ \) ~ \) C ~ om "'v ~ ~ ~ Z l'0 ~ ~ ~~ ~ '-l., U'I :0 'I-.. ~ -< , - ..... "'" it-c; t ''\- ~~ Y- , - (~ l0i~ , ~ VI <;- f- ~, ...... ",+-. "'i"- ~ ) 2c- ~ " ' ~ -J' -. ',d' '''':'~.,- ""F> ," -' '," ~_.~. -."",,'..,,,,,,,,,- -. - -.1..,. _"" .", _,^'"~"~,,_ _. ~ ~ M.Y. __ "C<, ,.:i ,. r_,' ",,>>1_,",_, _'" c - ">-"~_'" -'."",_ . -,- -~'--,,-. ~- <~o,,- "~,"~-,,-~j'_-,L HI_;_~ ",~,--; - ,-,- ,- -~-.-- WILLIAM J. SCHANER, JR., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 00- 'i"-/05' CIVIL TERM TRACI L. SCHANER, Defendant : IN DIVORCE WAIVER OF COUNSELING WILLIAM J. SCHANER, JR., plaintiff herein, hereby states and certifies as follows: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn fal ifi Dated: 12.)' \ CO 5 ~""---"--'~-~Mlr"'" t"'!101~'I";1'___,,_~"^" __, "_"'~_~ ~__~,~_ __, I ""' ~,. --,,-~-"~- L__.'_ '.~ -"",""-- ,--,' ,.:-~,>-~-".... -I',~ ~_ 0..<. ",I.", ..,.-.. ' ~~-- ~ ., c C) Q 0 C C? -T1 ..,;.." <::) ,~ :::..... -om ", "To! nl-r-r: C) ~:_~~ 2::0 I 2: I;:: cn~,: .;:- ~~,::).} ~-'c ::~:.:i'::.Fi ~o v ~~i~ ~o - - --0 <;2 c5-rn Pc: C~; 2: N )">' =< :u en -< r I'. ,-, - r- ;;r ':'-~ - , .1." '~j:'~'~:~- -"~^ ;---":-'~-<'-"'" '-",," WIllIAM 1. SCHANER, JR., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8405 CIVIL TERM 11U\CIL.SCHANER, Defendant IN DNORCE CERTIFICATE OF SERVICE I, Dana A. Dunkle, hereby certify that a true and correct copy of the Complaint in Divorce in the above captioned matter was duly served upon the Defendant's Attorney, Constance P. Brunt, Esquire, by depositing it in the U.S. Mail, postage pre-paid, on December 4, 2000, addressed as follows: Constance P. Brunt, Esq. Attorney at Law Beaufort Professional Building 1820 Linglestown Road Harrisburg, PA 17110-3339 I hereby verify that the statements made in the foregoing 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: \~ \C\\..\\~ ~v\J}~A, ~t a A. DUnkle If L. p_'''~"..'_~"" .,..1, -- 0' _." ~ ~~ -'~ .'.' ,," . . .~, " ~""; (") 0 0 c: 0 -n ? 0 __t -',- -0 CD r<1 r"t1;Zl ~m n >J , '."::L.:l me co ~:~ "--.J =<.,,l':;. .~.;Z j '-" L~C) ~o v ::,2.::;0, ~Q ::t: ~~~~ ':--;~ en 5C t;? ~ c: z ~~ ~ ;;N :i> 0 -< "" L-: ~ -~, ~ ' -"1- "-1"';' - I "' . ,,-- ~'~"',<['>' ~ :,' ,~: , WILLIAM J. SCHANER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8405 CIVIL TERM TRACI L. SCHANER, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Notice to Defend and Complaint Under Section 3301(c) of the Divorce Code (on behalf of Traci L~ Schaner and certify that I am authorized to do so)~ Date: 12.1 t.!cb fVJ Constance P. Brunt, Esq~ Attorney at Law 1820 Linglestown Road Harrisburg, PA 17110-3339 ~"v,~> ..;-. :A, . _~v' <'~-:",.,[;, tWiiii"" ~..'>. c. - ~, ~ ~,~~~"'~"c~,~.~ ~, -"",' .;!';"d._'~;_""''-'~;,i,.;:,.:.~,,,,:.,,,", "...1""""'_ ,~..' "",..,1,..Je.'" "." , , ,.,~ ~. 0,-' o r; <- -OeD rnfT'1 "7 " zFc sQ?1: ~~~: L(-, :i>c ~ -<. .> (::> Cl o P1 " " ':=:1"1 <J::) :~0i.:q .,.;y ~-:! ;~j~: :>~~~ 1,_) -,-1 ~o -< s~: S? (.,) rJ - , I.~ :-1 ~~ ~,,; -, '.... -" ' ~" p , .... 'It} . " WILLIAM J. SCHANER, JR., : IN THE COURT OF COMMON PLEAS, Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8405 Civil Term TRACI L. SCHANER, : CIVIL ACTION - DIVORCE DefendantJPetitioner: ORDER AND NOW, this II ~ dayof ft4N~."'rr- , 2003, after review of the attached Petition for Special Relief, it is hereby ORDERED AND DECREED that William J. Schaner, Jr. show cause, if any exists, why the relief requested should not be granted. A hearing shall be held on this matter on the ~ ~ay of February, 2003, at 311J/J .m. in Courtroom No. .r , Cumberland County f Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. R J. 02.- I J -03 t.o: ~. 131a:\~ /PL~ /Atto'. G-o~cl . :i "~_",,",, _ r". O,^,~ .- <> ~~.. -~ "':'''''f.. 'I ". ,-~ ~-- '~I~~ -~ Cr: ~'____M__'I' -"'_$,~'_~=_'~'-'" - ''''n",,"_ .."-,- 03rc-p , " J I C', c..}i(i,;'"" ' r:~:~";;"/i'/'i_) I 'I "'}WVt)'i,/J t/I:'-'i:~Llf\rr'-;', 'f...\I/+\I.II, .J ',J'i"1 .at' lj.J {-ell . r; 3:?) ~.J . ',~ "~.'tI~~~'lM!Illt:~~'~Mf~~l~ "_,,",,,-4i1!if'Jl~~l~J~~~I~~ - :oj -.r , --,", - ,--..-; ~ j . .. :> .-, Ii> . , WILLIAM J. SCHANER, JR., : IN THE COURT OF COMMON PLEAS, Plaintif1iRespondent: CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8405 Civil Term v. TRACI L. SCHANER, : CIVU.ACTlON - DIVORCE Defendant/Petitioner: ORDER AND NOW, this _ day of , 2003, after review of the attached Petition for Special Relief, it is hereby ORDERED AND DECREED that: A. William J. Schaner, Jr. shall, at least five (5) days prior to settlement, but no later than February 24, 2003, execute a Deed transferring title to the real estate at 4066 Seneca Avenue, Camp Hill, Pennsylvania to Traci L. Schaner so that she may refinance said property. Said Deed shall not be recorded until the liens against said property has been refinanced removing William J. Schaner, Jr. from liability. B. If William J. Schaner, Jr. does not execute said Deed on or before February 24, 2003, the Prothonotary of Cumberland County shall execute the Deed transferring the title to Traci L. Schaner. Said Deed shall not be recorded until the liens against said property has been refmanced removing William J. Schaner, Jr. from liability. C. That Traci L. Schaner shall remove William J. Schaner, Jr. from liability for the property prior to filing of the Deed signed by ~, ..1 ,. , ,.,' ^' c';'. .J'.1 ";"'j, > '.. " " . . , , Respondent or the Prothonotary. D. The net proceeds from the real estate settlement shall be placed in a joint account in the names of the parties and requiring both parties' signature for distribution. E. That this transfer shall not affect the right of William J. Schaner, Jr., to obtain equitable distribution of the equity in said real estate. J. - J, __';",'c ,,' ~ "n-;.,;.""&,, .' 1#/ " WILLIAM J. SCHANER, JR., : IN THE COURT OF COMMON PLEAS, Plaint.ifl7Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0(}..8405 Civil Term v. TRACI L. SCHANER, : CIVIL ACTION - DNORCE Defendant/Petitioner: PETITION FOR SPECIAL RELIEF AND NOW comes Traci L. Schaner, by and through her attorney, Nora F. Blair, Esquire, files this Petition for Special Relief and in support thereof avers as follows: 1. The parties hereto are husband and wife having been married on June 27, 1997. 2. Respondent mayor may not continue to be represented by Thomas D. Gould, Esquire, in this matter. 3. The parties hereto have been separated since on or about July 21, 2000. 4. Traci L. Schaner has made every reasonable effort to settle the equitable distribution issues in this divorce action. 5. The parties have been unable to reach agreement with respect to the equitable distribution and other economic issues in this divorce matter. 6. The parties are the owners of real estate known and numbered as 4066 Seneca Avenue, Camp Hill, Pennsylvania. 7. After the parties' separation, William J. Schaner, Jr. continued to reside at said real estate. " " III . . . 8. At some point in late 2002, William J. Schaner, Jr., moved from the marital residence into his girlfriend's home. 9. The mortgage payment for December was not made in full. 10. The mortgage payments for January and February have not been made. 11. Petitioner would like to reimance said real estate and live at the real estate with the parties' daughter. 12. Because of the history of the parties, Petitioner is not comfortable living in the marital residence while Respondent's name is on the title thereby giving him access to the property. 13. The parties have agreed that Traci L. Schaner may have said real estate provided that she removes Responden~ from liability and pays to Respondent one-half of the equity in said real estate. 14. The parties have been unable to agree to the amount of equity in said real estate, 15. Petitioner has obtained an appraisal for said real estate. 16. Respondent does not agree with the value established in the appraisal done by Betty A. McConnell, a certified real estate appraiser who works for The Appraisal Firm, 19 West Main Street, Middletown, Pennsylvania. 17. Respondent has refused to obtain his own appraisal. 18. In December, 2002, Petitioner obtained a commitment for fmancing to remove Respondent from liability on the mortgage. 19. Petitioner has been informed by the current mortgage company that if ~'l' _ I , !' .;" ., ,";h': "--;il',,! ... . . payments are not made, the current mortgage company will begin foreclosure proceedings the beginning of March, 2003. 20. Petitioner does not have the funds to pay the past due amounts on the current mortgage. 21. If foreclosure proceedings are begun, the parties' will owe the mortgage company significant additional funds for attorney fees and costs. 22. Petitioner's commitment for financing will expire March 1, 2003. 23. Petitioner wishes to proceed with the financing on the marital residence so that Respondent is removed from liability. 24. Petitioner is willing to place the net proceeds from settlement into a joint account in the parties' names requiring both parties' signature for distribution. 25. Your Honorable Court has the authority to grant the relief requested to pursuant to Pa.R.C.P. No. 1920.43. 26. Your Honorable Court has the authority pursuant to 21 P.S. ~53 to Order the Prothonotary to execute the deed to said real estate if Respondent does not do such as ordered. 27. There will be no harm to William J. Schaner, Jr. by granting the requested relief. WHEREFORE, Traci L. Schaner respectfully requests that Your Honorable Court enter an Order: 1_ 1_, j,- , ' . . . A Requiring William J. Schaner, Jr. to transfer, at least five (5) days prior to settlement but no later than February 24, 2003, title to the real estate at 4066 Seneca Avenue, Camp Hill, Pennsylvania to Traci L. Schaner so that she may refinance said property. B. Requiring the Prothonotary of Cumberland County to execute the deed transferring the title to Traci L. Schaner if William J. Schaner, Jr. does not do such. C. Requiring Traci L. Schaner to remove William J. Schaner, Jr. from liability for the property prior to filing of the Deed signed by Respondent or the Prothonotary. D. Requiring that the net proceeds from the real estate settlement be placed in a joint account in the names of the parties and requiring both parties' signature for distribution. E. Establishing that this transfer shall not affect the right of William J. Schaner, Jr., to obtain equitable distribution of the equity in said real estate. Respectfully submitted, DATED: J... - (r 0"3 .-;~. ) ora . Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 '1 '~, .~, ,I" ,',J"_ ,-'x' ,- ,~. ; ,,-.;.0,;: 1- ,,'';'c" -- ' ,~~,>"",'-: - - ,'" -- '1lidii;~ " , , ,- .... "'.. } -,' r',/ (/ I' I'"",\~,- VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. /-----., Cue .-~ <:: /7 ~{// \i ,. >- ~ ". ."... ,". WILLIAM J. SCHANER, JR., : IN THE COURT OF COMMON PLEAS, Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8405 Civil Term v. TRACI L. SCHANER, : CIVIL ACTION - DIVORCE DefendantJPetitioner: CERTIFICATE OF SERVICE I hereby certifY that I have this date served a copy of the Petition for Special Relief on the persons in the manner stated below which service satisfies the requirement ofPa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 William J. Schaner, Jr. 1116 Apple Drive Mechanicsburg, PA 17055 Date: February 6, 2003 itj~il~~,ii"j1""I.i0l';j~~,,"~w!;i,,-",,'i;ill1li<~j~d,gjf2:!.ff':eill_d'C,,"l.ri~',1i.f_~oil'}:~t'lUlllm,<'f '-"" ~'''ililf!'~ -", .<~""i " "" ~ '..' 0'_ , ~ , ..~, .... 0 0 0 C (...) <~ -" ,J ,:/ ." ,~ rTi '--.. 1"1 I~T~' 2: Q 'en -" F Z ):- I ['1'1 (J) -.l '.~J --(' ~~i i.) C) -"~ ,,-,. -r--- :--:C) ...1>.;'-"'.. '>? . ) f"il ~- Z ~;! =< r:- Iv :::0 -< }"';' .;'.1,: ,,", ,"~"i"'"",~LJ}'.~L:..):.1~,.",UJJ'-TJJ'I,,:L-,0.:,, ,.,O;~-,_, ,,-:{J,.!J~~,~;.~~ _...r'.' '.-.'5 '",""1""'.4_."" ,"." ~"~_, ,~ ""~I"""~",.,,,,,_,~,,_._ ,'~' .,~".,,,_,~'_,,"r.;,,, ,~n.", ,. __" ~," """.,.r_ ,'~ J~