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Home My WebLink About01-2716 FX ",-=- ..-.- -.. ..-. -, >"o---:";""fj ~~.021ltl3 KIMBERLY A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : 2001 - 2716 CIVIL TERM CRAIG A. SEYBERT, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this _ day of ,2003, upon consideration of Defendant's Motion to Compel Plaintiff to Produce Documents and Respond to Interrogatories, it is hereby ORDERED that the Plaintiff shall furnish all documents identified in Defendant's Request for Production of Documents and respond to Defendant's Interrogatories and fully comply with said request within ten (10) days of this Order or suffer the imposition of sanctions upon further application to this Court BY THE COURT, J. .,,_.' ~- ~~~-~,~ - "" ~llii;~ ,,*,~~I' HP LaserJ et 3330 .""@ '"~,'. ' , ' " - ,i j " ',:' ~. J " HP LASERJET 3330 i n yen t Oct-22-2003 09: 13 Fax Call Report Job Date Time Type Identification Duration 206 10/22/2003 09:12:21 Receive 717+761+2161 0:38 Pages 1 Resu It OK FROM:CharlesRl!ctcr, ESq. Pl-DiEt-(l. :717+761+2161 Oct. 22200310:a7AMP1 Law Offices of Cbarles Rector, Esquire, P.C. 11\)4 Femwood A.venue. Ste.203 Camp Hill, PA 17011-6912 WWW.oharIwteI.'''.m Tammy S. Fausl Paralegal (717)761.8101 Fmt (717)761-216\ 0eI0ber22,2003 Via Fax 24Q-6354 Douglas G. Miller, Esquire lewln,McJ<nlght&Hughes 60 West Pom/ret Street Carli51e, PA 17013 RE: Seybert v, Seybert No. Of-27f$ CIvil Tenn Dear Attorney MlIIer: This letter conftnns that the Pre-Hearing Confere~ce scheduled In the above- referenced matler before the Cumberland CoWlty Divorce Ma5ler wlll begin at 10:00 a.m, on Tuesday, October 26, 2003. Thank you foryourconsideratlon. II you have any questions, please feel free to conlactma. Very truly yours, ~d Charles Rector CRI'" cc: E. Robert ElJcker, II, Esquire - =~- =.~... '" "'_ ,~_ _, "~,," _" ,w_~o,__,.," __~.."-, lJ;, LAW OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A. McKNIGHT, III DOUGlAS G, MIUER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISlE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: OFFICES@IMHLAW:COM HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003- ) June 25, 2004 ROBERT E. ELICKER DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: KIMBERLY A. SEYBERT v. CRAIG A. SEYBERT NO.: 01-2716 Dear Mr. Elicker: Enclosed please find two copies of the Marriage Settlement Agreement signed by the parties in the above-referenced matter. Please vacate the appointment of master so that we may proceed with finalizing this divorce, Thank you for your attention to this matter. Very truly yours, IRWIN & McKNIGHT ~a/0Jdrr;~ Douglas G. Miller ' DGM:tds Enclosure cc: Craig A. Seybert Charles Rector, Esquire ~-~ ' "" " "" "~,- -, --=- ~ . '>'~ '.,", > "'- -~tt; LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A. McKNIGHT, III JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYL VANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLD S.IRWlN (1925-1977) HAROLD S.IRWlN, JR. (1954-1986) IRWIN, IRWIN &IRWIN (1956-1986) IRWIN, IRWIN &McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994- ) April 15, 2003 ROBERT E. ELICKER DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, P A 17013 RE: KIMBERLY A.SEYBERTv.CRAIGA.SEYBERT NO.: 01-2716 Dear Mr. Elicker: Enclosed herewith please find the requested certification executed on behalf of the Defendant in the above-referenced matter. My client desires to move this action forward. I would therefore request that pre-trial matters be scheduled as soon as possible. Very truly yours, IRWIN, McKNIGHT & HUGHES ?::tl~ ~ DGM:tds Enclosure cc: Craig A_ Seybert (w/enc) Charles Rector, Esquire (w/enc) , -~~ 0"' ^ '"~_ ~"'- '" ~-~ - - " - --~--""~~--"~~-",-"",,~,,- 'i;;..;,,<<- <'_' LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A. McKNIGHT, III JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MiLLER WEST POMFRET PROFESSiONAL BUILDiNG 60 WEST POMFRET STREET CARLiSLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL.IMHLAW@SUPERNET.COM HAROLD S. IRWiN (i925-1977) HAROW S. IRWIN, JR. (I954~I986) IRWIN. IRWIN & IRWIN (1956~I986) IRWIN, IRWIN &McKNIGHT (/986-1994) IRWIN, McKNIGHT & HUGHES (1994- ) August 19,2003 E. ROBERT ELICKER, II DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: SEYBERT v. SEYBERT No. 2001 - 2716, In Divorce Dear Mr. Elicker: Pursuant to Rule of Civil Procedure 1920.33 and your previous directive, enclosed please find the PreTrial Statement of the Defendant, Craig A. Seybert, Please note that a copy of this document has also been forwarded to Attorney Rector. Thank you for your attention to this matter. Very truly yours, IRWIN, McKNIGHT & HUGHES l11~ . Miller DGM:tds Enclosure cc: Charles Rector, Esquire (wi enclosure) Craig A, Seybert (wi enclosure) r~ """V",, ",,", , "__~",,._h' "-- .._,-,;,' -"."A,-'__.';"".,'""", J, ,-'..;", .",6; ',~ -' <"'_""";.~".r"""'<"t~;,j'-;~-:'~v.-; ,~- LAW OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A, McKNIGHT, III DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL.OFFICES@IMHLAW.COM HAROLDS.1RW1N (1925-1977) HAROLD S. IRWIN, JR. (I95~-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (i986w1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWiN & McKNiGHT (2003- ) November 4, 2003 ROBERT E. ELICKER DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, P A 17013 RE: KIMBERL VA. SEYBERT v. CRAIG A. SEYBERT NO.: 01-2716 Dear Mr. Elicker: This correspondence is a follow up to the recent pre-hearing conference held with regard to the above-referenced divorce. Pursuant to that conference, enclosed please find one (I) copy of correspondence from my client's employer confirming that Mr. Seybert does not have a deferred compensation with his employer. In addition, I have enclosed copies of my client's most recent pay stubs. By my calculations using the statement replesenting the year-to-date payments through October II, 2003, Mr. Seybert has a monthly net income of approximately $2,790.00. This figure is less than the figure of $2,996.41 determined at the support master hearing on December 11, 2001. According to Mr. Seybert, this fact is due to the absence of overtime work available to him by his employer. Mr. Seybert also obtained on-line information regarding the mortgage on the parties' marital residence. According to that information, as of October 28, 2003, the remaining principle balance on the mortgage to Washington Mutual is $64,655.19. Mr. Seybert furtheI confirmed his willingness to discuss preservation of any potential alimony claim in the event of bankruptcy following allocation of the marital debt. I trust that this correspondence satisfies the immediate issues raised during the recent conference. I look forward to receiving the updated income information from Attorney Rector. Please contact me in the event there are any questions or concerns. VelY truly yours, IRWIN & McKNIGHT jf~ DGM:tds Enclosure cc: Craig A. Seybert Charles Rector, Esquire (w/enc) 3000 CANBY STREET HARRISBURG PENNSYLVANIA 17103 TEL: (717) 233-3000_ FAX; (717) 233-38OQ_ October 30, 2003 Mr. Doug Miller, Esquire Irwin, McKnight & Huges West Pomfret Professional Building 60 West Pomfret Street Carlisle, P A 17013-3222 RE: Mr. Craig A. Seybert SS# 199-44-7636 Dear Mr. Miller: I am writing to confirm that Mr. Craig A. Seybert, SS# 199-44-7636, does not have any sort of deferred compensation owed to him, nor ?llY sort of deferred - compensation plan, stock options, or the like. Please feel free to contact me directly if! may be of further assistance, Thank you. Regards, ~ David R. Dodd, II President Cc: file Ati\iANCEO COMMUNICATIONS AGENCY INC. ~ir. c.ra\% A... Seybert 2'601 Shingu.::i Circl~ P.O. Box 20 I Grantham,1'A 17027 Production Hou (72.00@$18,OO) p'roductlon Hou (lZ.6'5@$27.00} Holiday Pay (8.00@$18.00) ACcident Plan APi. Heritage Cho,keDentaJ Craig,~ GarnisfuTIl~n[ 12102 Reihlbl!rsement for Bus Expense$ Federal Withholding Social Security Emr19Y~ Medicare Employee PA. Withholding PA . Unemployment Employee' tocal ~ Cap it,ll Tax Collection Vacation Hourly Rate OPT Tax Deduction 199,44,7636 09/14/2003 - 09127J2003 Pay Period ~~ l Ir 1 'A,'9'iiANCEO COMMUNICATIONS AGENCY INC. Mt, Craig A. SeYh<rt 26.0i"Shingus Circfe P.O. Box 201 . Granth,ml, PA 17027 Production Huu (80:00@$18.00) Production Ho.ur (7,lJ,2@$27.aO) AcCident Plan AP2 Heritage Choke Dental Craig ~ Gamishmcnt 1,2/02 Reimbursement for Bus Expenses FederaJ Withholding , Social Security };TI1pfoye~ Medicare Employee P A - Withholding P A - Unemployment Employee .Local ~ Capital Ta.x Collection Hoiiday Pal' Vacation,Hourly Rale , GET Tax .Deduction, 199.44.7636 . ' , 09f1.1J2003 - 0912712003. Pay Period ; ',' . ,."''''''''':';:'':~'_<l:,,''':f':'> . :2t;.;'i:"__~,, _." ..,,_'. ~_..._,_~ .....--.~ ADVA1'ICED COMMUNICATI01'lS AGENCY INC. ~fr. Cr<lig A. Scyhert : ,2i501 Shing\ls Circle P.O. Box. 20 1 Giantham, PA 17027 199-44-7636 Production I-Iou (72.00@$lS.OO) Production Hou (1O.00@$27.00) Vacation HourI (l2,OO@$18.00) Accident Plar.\ AP2. Heritage Choice Dental Craig w Gamishmen112!02 Federal Withholding Social Secuoty EmploYL'e Medicare Employee PA - Withholding PA w Unemployment Employee Local'~' Capital Tax Collection HolidaY Pay OPT Tax Deduction ,Rehnbu(sen:ten~ for Bus Expenses 0912812003 - 10/11/2003 Pal' Period A 11 ~ 9125/2003 1.296,00 341.55 ,.144,00 -13.51 -7.70 -287.5-4 51.39 ~293.00 .109,J4 -25.53 -49..29 -0.35 -35.63 0,00 0.00 1,011.25 iOdol2003 1..140.00 189.54 .J3.51 -7.70 '287,54 18,60 -255.00 "99.72 -23.32 '.45.03 ,0.33 _"32.59 0.00 0,00 . 0,00 883.40 10/2412003 1.296,00 270,00 216.00 .13.51 -7.70 -287,54 .293.00 ,L()9,17 -25.53 -49.30 .0,35 ,35,64 .0,00 ,0,00 0,00 960.26 12UOS YTD 26,208,00 4,475,34 864.00 -269.17 -148.86 ,5,351.38 51.39 -5.325.01! .1.986.68 ~464.63 -895.80 .6.48 ,648.23 864,00 -10.00 12106 YTD 27,648.00 4,60..1.83 282,68 ,,156.56 .5,638,92 69.99 .5.580.00 .2,086.40 .487.95 .940,83 ~ .6,81 .680.82 864.00 864,00 -10,00 .......---.--.,.,...-- 12181 ym 28,944,00 ' .1,934,88 [,080,00 -296,19 -164,26 -5.926.-% -5,873.00 -2,J95.57 .513.48 ,990.13 -7,16 ..716.46 864,00 ,JO.OO 69.99 Law Offices of Charles Rector, Esquire, P.c. 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 www.charlesrector.com Tammy S. Faust Paralegal (717) 761-8101 Fax (717) 761-2161 November 13, 2003 Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 RE: Seybert v. Seybert No. 01-2716 Civil Term Dear Altorney Miller: Kim has retained Dorothy Molt, Esquire, to represent her interests in a bankruptcy action which we expect will be filed within the next ten (10) days. Kim is seeking to discharge the mortgage obligation and credit card debt. Once filed, Kim is agreeable to signing a Deed to the marital home to your client and waiving her interest in any of the equity. I estimate this. to total approximately $25,000.00 to $30,000.00. She is likewise agreeable to waiving a claim for alimony oendente lite if, and only if, your client provides the rose heart chair and piano and waives his interest in the marital portion of her Public School Employee's Retirement Plan and Edward Jones Retirement account which have nominal value. Altached are copies of the account balances. The Edward Jones account was cashed in on November 7,2001, for the amount of $1,595.25. By copy of this letter I am advising E. Rober! Elicker, II, Esquire of my client's intentions regarding bankruptcy. In view of these facts, it appears that any future Masters Conferences or Hearings are unnecessary. If acceptable to your ciient, kindly forward a short settlement agreement and a proposed deed. Of course, if you have any questions, please do not hesitate to contact me. Very truly yours, , . (; L ,r;C\) ., dcrJ6/ LA lC{,Uw J~Q.{ . ~- Charles Rector CRltsf Enclosures cc: ~TltrP.rtElicker,JL:Esg!;!irtr,'~::. Kimberly Seybert '0 . l.' .." , " ;- ;. ; "c-_'" ".~ ,;-_,,~,," ~ ",," ,",.,-, ~l:,'_~""';'''~;',!f,},~^'';_,,_ ":-'<;","I~\-_ __ie, -00;,\,:: LAW OFFICES , ; IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A. McKNIGlfT, III DOUGlAS G. MIUER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: OFFICES@IMHLAW.COM HAROmS.IRWIN (1925-1977) HARom S. IRWIN, JR (1954-1986) IRWIN, IRWIN &IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003- ) il ;i December 31, 2003 ROBERT E. ELICKER DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: KIMBERLY A. SEYBERT v. CRAIG A. SEYBERT NO.: 01.2716 Dear Mr. Elicker: The parties in this matter have elected to jointly file for bankruptcy. Accordingly, and pursuant to our telephone conversation, please cancel the misconduct hearing scheduled for Tuesday, January 13, 2003, at YOUI offices. This matter may also be continued generally pending discharge from bankruptcy and distribution of the protected assets, In the event that the parties are not able to reach an agreement as to the remaining issues following discharge from bankruptcy, either myself or Attorney Rector will contact your office to request any additional hearings. In the event that the parties do reach an agreement and finalize the divolce, I will ensure that your office is promptly notified. Please do not hesitate to contact me with any additional questions or concerns. Very truly yours, IRWIN & McKNIGHT ~l!;t)k DGM:tds Enclosure cc: Craig A. Seybert Charles RectoI, Esquire " ,~, " ,. " . ., c~","" " . ~'7_~; 'J- -"'" ,..,F" c,._j , Law Offices of Charles Rector, Esquire, P.C. 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 www.charlesrector.com Tammy S. Faust Paralegal (717) 761-8101 Fax (717) 761-2161 September 2, 2003 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Seybert v. Seybert No. 01.2716 Civil Term Dear Mr, Elicker: Enclosed please find the Plaintiff's Pre-trial Statement in the above-referenced malter. If you have any questions, please feel free to contact me. Very truly yours, Charles Rector CRltsf Enclosure cc: Douglas G. Miller, Esquire li~--~ , L '''' , ...,.~r -, , , k.-_L .~,,,..'" " ' ,~"l ".' ,,"~:'.,;.' h" ~,- " rSi LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A, MdaV/GHT, III JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 17171249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLDS. IRWIN (1925-1977) HAROLDS./RW/N, JR. (1954-/986) IRWIN, IRWIN &IRWlN (1956-1986) IRWIN, IRWiN &McKNIGHT (I986~1994) IRWIN, McKNIGHT & HUGHES (1994- ) August 29, 2003 ROBERT E. ELICKER DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, P A 17013 RE: KIMBERLY A. SEYBERT v. CRAIG A. SEYBERT NO.: 01-2716 Dear Mr, Elicker: This letter is in response to your correspondence dated August 25, 2003, with regard to the marital debt of the parties, Mr, Seybert would prefer not to file for bankruptcy. It is my understanding, that no additional charges have been placed on any of the primary credit cards since the date of separation, although there has been continuing interest. In addition, Mr, Seybert has been attempting to make payments on these accounts and reduce the balances, This information has been provided to opposing counsel, My client believes that these debts can be satisfied with assistance from Mrs, Seybert. There may also be options to restructure the marital debt and reduce the continuing interest. Both parties work full time and therefore Mr, Seybert is requesting an allocation of the marital debt. I trust that this information is of assistance, I would also note that I have not yet received a copy of the pre-trial statement from Attorney Rector, even though the deadline was several weeks ago, I trust that his client's statement is forthcoming, Very truly YOUlS, IRWIN, McKNIGHT & HUGHES )jw~ , Miller DGM:tds Enclosure cc: Craig A. Seybert (w/enc) Charles Rector, Esquire ~;f ,.". -~ .,. -- - , ._;0_ _:;" 'J' . ;:, ~ ~ -_,0""_ "-- ',- ~-~--,- .',"" --.-'-"~ '..o-.L 2~'~';- ; ',- -, 'ri' ",;",~,,~.,.:>,:,j:""'-"<'N,,~",.'''.'>;;''i,:;j,:,_~ _ " --', - . 'k-,~ - OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci do Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 August 25, 2003 Charles Rector Attorney at Law 1104 Fernwood Avenue, Suite 203 Camp Hill, P A 17011 Douglas G. Miller Attorney at Law IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, P A 17013 RE: Kimberly 1. Seybert vs. Craig A. Seybert No. 01 - 2716 Civil In Divorce Dear Mr. Rector and Mr. Miller: I have reviewed the pretrial statement of Mr. Miller wherein he sets forth a considerable amount of marital debt. It appears as if the debt is in excess ofthe assets even including the pension funds which do not have to be declared as assets in a bankruptcy. Before we go through the motions of having a pre-hearing conference, I would appreciate it if counsel both would address the issue of bankruptcy for these parties. It does not appear as if there is any way that I can offset the debt with the assets. Consequently, all I would be doing is allocating debt between the parties which would, of course, not bind the creditors. We would still probably be in a situation where the parties would be unable to maintain the debt payments. --" ,-~- '-I: ,-" ~ .,. -~ , Mr. Rector and Mr. Miller, Attorneys at Law 25 August 2003 Page 2 I look forward to hearing your response to my inquiry regarding the bankruptcy solution. Very truly yours, E. Robert Elicker, II Divorce Master >__;;'_~-L"._,,",,,c_ ~ ~~ "'-<'-,; "" '''~ "^o'. ~.;" .', ';' '.~ _ ' - - - 4."~~ '"~^k,.L. ,.- ^" ',. '--'!:'.", ,," - "~;':",^;" 0.1' ':0,_",,';:,; ,,;~<,,:,-:.,,:, <"'-"':;J '? OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci do Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 July 21,2003 Charles Rector Attorney at Law 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 Douglas G. Miller Attorney at Law IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 RE: Kimberly L. Seybert vs. Craig A. Seybert No. 01- 2716 Civil In Divorce Dear Mr. Rector and Mr. Miller: After reviewing correspondence from both counsel, it appears that discovery should by this time be complete. Consequently, I am going to go forward with a directive for pretrial statements. A complaint in divorce was filed on May 4, 200 I, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. I am going to proceed on the basis that there is no issue with respect to grounds for divorce and that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. In accordance with P.R.C.P.1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, August 18, 2003. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss ,,,,-,,,,, ~ ~" " -~ "' <. " ~ Mr. Rector and Mr. Miller, Attorneys at Law 21 July 2003 Page 2 the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. " ~J ,-,-, <~."' '~'d'~_-'~.--' '-'-'_"_~M__"'_"'_"~w" '-,/'. ~"t~=IIiI\\'", LAW OFFICES IRWIN McKNIGHT & HUGHES ROGERB. IRWIN MARCUS A. McKNIGHT, If I JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 6G WEST POMF,RET STREET CARLISLE, PENNSYL VANIA 17G 13-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLD S. IRWIN (1925-1977) HAROLD S.IRWIN. JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN &McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994- ) July 17, 2003 ROBERT E. ELICKER DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, P A 17013 RE: KIMBERLY A.SEYBERTv.CRAIGA.SEYBERT NO.: 01-2716 Dear Mr. Elicker: Please be advised that Interrogatories and Requests for Production of Documents have now been served and answered by both parties. Therefore, it appears that discovery is now complete in the above-captioned case. We would request that the matter be moved forward at this time. Thank you for your attention. Very truly yours, IRWIN, McKNIGHT & HUGHES ~J/ /1i)t DGM:tds cc: Craig A. Seybert Charles Rector, Esquire .". .-~ . "'" ~. p.J.,'''L., ,- <..,;"'.~' .,~.- Law Offices of Charles Rector, Esquire, P.C. 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 www.charlesrector.com Tammy S. Faust Paralegal April 16, 2003 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Seybert v. Seybert No. 01-2716 Civil Term Dear Mr. Elicker: (717) 761-8101 Fax (717) 761-2161 As a follow-up to the Certification that discovery is not complete in the above- referenced matter, I require an additional forty five (45) days to complete discovery in this matter. v: 1:55' Charles Rector CRltsf Enclosure cc: Douglas G. Miller, Esquire . ;--""'c'':-' '-,,-.;-,,~..,-~,_ - _ _ _~ ',._ , >. _'I f j i I I iJ 'J I ~i " -<:r~-""- .~~,~.---' .~ ,J ,-"- j, JIiII* ~ " '-~'';'~:f Jt,&j~~~'" ,. I KIMBERLY L. SEYBERT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CRAIG A. SEYBERT CIVIL ACTION LAW 01 - 2716 : NO. CIVIL 19 IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: -- ~ ( 1..-Vo <f ""' ~. ., "'c ',-': ~-, t #ti ,. , KIMBERLY A. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, Defendant IN DIVORCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant DATE: Friday, April 4, 2003 !:; CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. k! I:! OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. IT ll\iIJIh -'" . ~ -.- ;,,;: ~" ' I . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ,",-"- ~ _l " .--' ,_'_T,"._,. _,~, " - - k- -;; ,'.; o,,,"_,,,",_<";-,k,'~_ " _ ~ ,~ ";'h; q'1ftDo/f KIMBERLY L. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2716 CIVIL TERM V. CRAIG A. SEYBERT, Defendant CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S PRE.TRIAL STATEMENT Date of Marriage: 2/6/93 Date of Separation: 3/23/01 I. ASSETS: 1 . Marital Home The parties purchased the marital home on or about July 28, 1993., for approximately $85,000.00. Defendant continues to reside in the marital home. 2. Furnishings Most of the parties personal property has already been divided to the parties satisfaction except that Plaintiff is requesting her pre-marital property, including but not limited to, a rose heart chair and a piano. 3. 1995 Plymouth Neon (traded in January 2002) 4. 1997 Dodge Ram 5. Joint Savings/Checking Account at Members 1st Credit Union 6. Wife's Members 1st Credit Union Account 7. Wife's Public School Employee's Retirement Plan ,'-., ,-"-,,,,'--'-" - - .-__c-,,".:.,,_ . , 8. Wife's Edward Jones Retirement Account This case is "upside down." Plaintiff has suggested to Defendant that the marital home be sold and all proceeds be applied to the debt, the parties would divide the remaining debt in order to obtain good credit. Said proposal of July 24, 2003, remains unanswered. II. EXPERT WITNESS: None anticipated at this time. Plaintiff reserves the right to supplement her witness list as necessary. III. FACT WITNESSES: None anticipated at this time other than the parties. Plaintiff reserves the right to supplement her witness list as necessary. IV. EXHIBITS: Various credit card, pension and bank statements to confirm asset and debt values. V. INCOME/EXPENSES: See Interim Order of Court dated December 14, 2001. VI. PENSIONS: Wife has a Public School Employee's Retirement Plan. Although not disclosed in his Pre-trial Statement, it is believed that Husband also has a Deferred Compensation Plan. VII. COUNSEL FEES AND COSTS: Plaintiff has filed a related claim for counsel fees. To the extent that she is forced to litigate a debt case, a counsel fees request will be made. VIII. PERSONAL PROPERTY: Plaintiff believes that all items of personal property have already been divided to the parties' satisfaction except that she is _,'J' ,,,to , ,. , h" .' _ .~'_C " " . . " . " - ~ ",' -- '.'-:,' ._"",.,--- '-.-' .. requesting her pre-marital property, including but not limited to, a rose heart chair and a piano. IX. MARITAL DEBTS: The following accounts had outstanding balances at the time of separation: First USA Visa, AT & T Universal Card, BJ's Wholesale Club, Capital One, Discover, Home Depot, Lowe's, Sears, Toys R Us Visa, Bon Ton, Boscov's and Hects. The total credit card debt is believed to exceed $50,000.00. X. PROPOSED RESOLUTION: Plaintiff proposes that the house be sold and that each agree to divide equally the remaining debt load. BY: UwJ~~fr/ Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date:~ .. ~ ,J ' SEP-02-20e~ 108:54 ~M MAIS 7177917977 P.02 I verify thlt the slltemenls made herein are Irue and correct. I underetend that false alllemente herein are made subjec::l to the penalties of 18 Pa.C.S. Seellon 4llO4, relating to unewom falsification to authorities. ~L~.~ mbel1y L. S { Date: .1/'29 )03- . i._,' ,,__'0' :....,'n'~~b, ,< ,", ,"-- .,'.;."- ... -",~, - ",'. '~_ "--~:, 'n._ '" ,"_ . ~ ~ --"'," ,-, .''-".' '-' --':':,"..',,-,,-!c;C' .,'., CERTIFICATE OF SERVICE 6.- I, Charles Rector, Esquire, do hereby certify that on the ~ day of September, 2003, I caused a true and correct copy of the within Plaintiff's Pre-trial Statement to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 W. Pomfret Street Carlisle, PA 17013 Date: -W- By: (~~I Charles Rector, EsqUire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 H'f:l ,~ t) y/ t I~ '1;<.' CLh-fl/tJ f/ L:,r J/~ KIMBERLYL. SEYBERT, Plaintiff ''''01. "", .hJ i'Ij''""'''''-~'''^ y '19 JJJI1/()/ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOl.\1ESTIC RELATIONS SECTION CRAIG A SEYBERT, Defendant : PACSES NO: 057103753 : NO. 689 SUPPORT 2001 INTERIM ORDER OF COURT AND NOW, this 14th day of December, 2001, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: I. The Defendant, Craig A. Seybert, shall pay to the Pennsylvania Support Collection and Disbursement Unit (SCDU) in Harrisburg, Pennsylvania, for transmission to the Plaintiff, Kimberly L. Seybert, the sum of $573.00 per month for the support of his child, Kyle H. Seybert, born August 22, 1993. 2. The Plaintiff shall provide health insurance for said child. 3. The Defendant shall pay 67% of the unreimbursed medical expenses, as that term is defined in Pa.R.c.P. 191O.16-6(c), of said child, and the Plaintiff shall pay the remaining 33% of said expenses. 4. The Defendant shall pay $50.00 per month on accrued arrears until paid in full. 5. The Defendant is given a credit in the amount of$62.00 per month for the period of August 22, 2001, through December 31,2001, for a total credit of $264.53. 6. The Defendant shall pay the sum of$30.00 as court costs and fees to the Cumberland County Domestic Relations Section. 7. The effective date of this order is August 22, 200 I. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOl.\1ESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOl.\1E OF EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY . .~, CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYL V AINIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. It is further ordered that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 191O.l2(f), Pa. R.C.P. Ifwritten exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the C Edward E. Guido, 1. CC: Kimberly L. Seybert Craig A. Seybert Karl E. Rominger, Esquire Douglas G. Miller, Esquire ORO , - ~ -'=,-" 1,'-' KIMBERLY L. SEYBERT, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DO:MESTIC RELATIONS SECTION CRAIG A. SEYBERT, Defendant : PACSES NO: 057103753 : NO, 689 SUPPORT 2001 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on December 11, 2001, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Kimberly L. Seybert, who resides at 917 Sheffield Avenue, Mechanicsburg, Penasylvania. 2. The Defendant is Craig A. Seybert, who resides at 2601 Shingus Circle, Grantham, Pennsylvania. 3. The parties are husband and wife but have lived separate and apart since March, 2001. 4. The parties are the parents of one child, Kyle H. Seybert, born August 22, 1993. 5. The child resides with his mother. 6. The Plaintiff is employed by the Mechanicsburg Area School District as a secretary. 7. The Plaintiff has a bi-weekly gross income of$883.08. 8. The Plaintiff provides medical insurance for the child tlIrough her employment at no cost to her. 9. The Plaintiff has a mandatory retirement deduction of$55.19 bi-weekly. 10. The Defendant is employed as a production manager for Advanced Communications Agency, Inc. He has held this job for five and a half years. 11. The Defendant is paid two times per month, on the 1st and 15th of each month. Exhibit "r," 12. The Defendant is paid an hourly rate of $18. 00 per hour and has had a regular history of receiving considerable overtime both before and after the separation of the parties. 13. The Defendant's average gross monthly income for 2001 has been $4,286.11. 14. Medical insurance is provided for the Defendant at no cost. A cost is incurred to add dependents. 15. Prior to the separation of the parties, the Defendant did not insure either the Plaintiff or the child on his policy. 16. The Defendant testified that in April he received a letter stating that dependents would be removed from the Plaintiff's medical insurance policy. He did not state from whom the letter came, nor did he produce the letter as an exhibit. 17. After receiving the letter, the Defendant placed his son on his medical insurance policy with his employer. 18. The Defendant neither questioned his wife about the necessity to cover the child on his medical insurance, nor did he notify her or provide her with any evidence of insurance after placing the child on his policy. 19. The Defendant pays $93.38 per pay period ($186.76 per month) for medical insurance for the child. 20. The medical insurance provided by the Defendant's employer has similar coverage to that provided by the Plaintiff's employer but has slightly lower co-pay requirements. 21. The Plaintiff intends to file her federal income tax return for 2001 as head of household claiming herself and her child. 22. The Defendant will file his income tax return as marrie~ separate. 23. The Defendant testified that he is paying on considerable marital debt following the separation. 24. The parties are in the process of divorce. 25. The Plaintiff's complaint for child support was filed on August 22, 2001. -,:; DISCUSSION This is a straightforward support case with the only issues being whether an adjustment should be made to the support obligation of the Defendant as a result of his obtaining medical insurance for the child and whether any factors exist that would require a deviation of a guideline support obligation. The net monthly income of the Defendant is calculated at $2,996.41, and the net monthly income of the Plaintiff is calculated at $1,484.98. Utilizing these incomes, a basic support obligation pursuant to the guidelines is $573.00 per month as shown on Exhibit "A". If an adjustment is made for the Defendant's placing the child on his medical insurance policy through his employer, the support obligation would be $511.00 per month as shown on Exhibit "B". The circumstances involving the Defendant's placement of the child on his medical insurance policy are certainly unusual. No effort was made by the Defendant to question the Plaintiff of the necessity to place the child on his insurance coverage, and no notice was ever given to the Plaintiff by the Defendant that, in fact, the coverage had been provided. The Defendant's good intentions cannot be questioned as he immediately obtained medical insurance coverage for the child. However, in doing so, he incurred a considerable monthly expense. If an adjustment of the basic child support obligation is given for the Defendant's payment of insurance premiums, the Plaintiff receives $62.00 less in monthly child support for insurance coverage that her employer has already provided at no cost. Because, as stated, the Defendant's motives were in the best interest of the child, the recommendation will be to make the adjustment to the support obligation through December, 2001. Commencing in January, 2002, if the. Defendant desires to remove the child from his insurance coverage, he may do so. Should he elect to keep the insurance coverage in place, no adjustment will be made to the support obligation. The Defendant argues that a deviation should be made to the support obligation as a result of marital debts, which he is paying. Inasmuch as the parties are presently engaged in divorce litigation, it is believed that the better course of action would be to have appropriate credits given to the Defendant in an equitable distribution award rather than permit a deviation to a child support obligation. Consequently the guideline support obligation of$573.00, effective August 22, 2001, with a credit of$62.00 per month for the period of August 22 through December 31, 2001, is recomll1en~ed. RECOMMENDATION A. The Defendant shall pay support for his child, Kyle H. Seybert, born August 22, 1993, in the amount of $573.00 per month. B. The Defendant shall pay $50.00 per month on accrued arrearages. C. The Defendant shall pay 67% of un reimbursed medical expenses incurred by the child that exceed $250.00 per year. "" " . , -" ,'e}' D. The Defendant shall be given a credit on arrearages of $62.00 per month for the period of August 22,2001, through December 31,2001. E. The effective date of this order is August 22,2001. ~.~{).~~ Michael R. Rundle Support Master ~ In the Court of Common Pleas of Cumberland County, Pennsylvania Defendant Name: Plaintiff Name: Craig A. Seybert Kimberly L. Seybert .. . .:""Su.p.p' "o'.rt.'G" -U-!' e?f',-n'-e'-'-'''''o' 'r"-k.sfi'eet'"':-'--:''' : . , ::':""-;:~};:Y':: ~' > _~II. ."Vl, " _ .",_ .~_', . '.'__- ~';;'-:'~",,-y.-<',~,~"!""A'~::,"--:, Rule 1910.16-1 ef'sii ;..,,~., . . ',i;.;':'.~:':"-.""""'';:'';' Docket Number: 689 Support 2001 PACSES Case Number: 057103153 Other Case ID Number: '. "U "::,'~-, "_. F~'>'';-'"_~'~~~~-''~,~~~''~'~'''7''j~.~,".'{'.ii!;: :-.'~ Defendant' ';_ .... h:' " ". ~I' $4,286.11 $'1,289.70 $2.996.41 Plaintiff 1 l1,913.34 $428.36 $1,484.98 ":"<"', - > "r-,...,,~- .:-,-\"';;..... -n!-; $4,481.39 . - -",- Line 5c . $857.00 66.86 $572.99 lusLines 10,11,12.13 $572.99 _''1'' --" '4 -~ $572.99 Date: 12/11/2001 .4"___ '!..., ._.~1';__ .-- "''1''". ,. ',,~~ SUmmary Report . . . .. ,. I 51. PAC5ES Multiole Familv Adiustment - 52. Soousal 5uoDort Award , , , ::t., -"-$281.53 53. Ad'iustment for Excess Mortaaae Payments elf Aoolicable\ , - , .. "'.'. . , . . .. Monthly: Weekly: 54. Final Calculated Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3, if applicable $854.52 $196.67 TAX INFORMATION Tax Method Filin!l 5tatus Exemptions S5. Defendant 1040 ES'" Married F'i1inQ 5eparatelV 1 , 56. Plaintiff -1040 ES Head of Household 2 - 57. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: - . - ,-" ~~- . u --'-' , _'>'1< 4- 58. Justification for DeviatinQ from GUldelli'i'es-Cillcuf"tlonarid/or dther Case C'omments: c,,-J-- L" ..:~:'~ ,~ ~:""'0,~g::!rl#--,.'''- "-":.~: ""'00..... '::"'c' 1);. SupportCalc 2001 Exhibit III\,Ir In the Court of Common Pleas of Cumberland County, Pennsylvania Craig A. Seybert Kimberly L. Seybert ...Supi)or'fGUidelineW()~~~heet,~... . ., Rul<i191().16-1 etse .,:::,:".::', ". .,.., Docket Number: PACSES Case Number: Other Case ID Number: "-'."~~'7"",:",-:::":,,,~~,,:' ," Defendanf' - , ' , ',,-,- .,' - - -' '''',,' '"s';.-,',',,":,'''-'' ...~ Defendant Name: Plaintiff Name: 689 Support 2001 057103753 . ,....... $4,286.11 $1,289,70 $2,996.41 Phiintiff ' 1 $1,913.34 $428.36 $1,484.98 $4,481 .39 $857.00 66.86 $572.99 -$61.89 $511.10 Date: $511.10 12/11/2001 , .~ 'Summarv ReDort .. ... .. S1. PACSES Mulliole Familv Adiustment - S2. So()usal SuoDort Award " . '1:_" ,. '"'' , . $244.07 S3. Adiustment for Excess Mortaaae Pavmenk{(f ADolicablel ~- "--" - S4. Final Calculated Support Obligation ," ~ . ... . Monthly: Weekly: Line 16 (or 51, if applicable) plus Line 52 and 53, if applicable $755.17 $173.80 TAX INFORMATION Tax Method Filing Status _ Exemotions S5. Defendant j040 ES ..- ~ Married F'i1inci Seoaratelv 1 S6. Plaintiff ., 1040 ES - -.- Head of Household 2 , S7. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: - . , C:L_ S8. Justification for Deviatina from Guidelines'Calculatlonand/or Other Case Cominerits:- ;-00 ~.- "',."'0, ~.._ '"", SupportCalc 2001 Exhibit liB" ." ~ """"+' "10 j'- < '<'. ~"'~__"" ,,',=" L"","",_ '~'"-,ii",,-';:';L;' ,,~ '<._ KIMBERLY L. SEYBERT, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DI - .;<71f... C;()~l ~~ CIVIL ACTION - LAW IN DIVORCE CRAIG A. SEYBERT, 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 of other rights important to you, including the 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 at the Office of the Prothonotary. 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, PA 17013 717-249-3166 ,. ., .'i I', ".,'j,,' "-"'e.'< ! ~?~--' KIMBERLY L. SEYBERT, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ::L7Jt, ~ -ru- CRAIG A. SEYBERT, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Kimberly L. Seybert, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Kimberly L. Seybert (SS# 206-56-9649), an adult individual, currently residing at 917 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Craig A. Seybert (SS# 199-55-7636), an adult individual, currently residing at 2601 Shingus Circle, Grantham, Cumberland County, Pennsylvania, 17027. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on February 6, 1993, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. ;;" .-""" - , ,-~ - - ,- I. .' ~ ,: " ,', - ',-- - ~" ~..,,"' -';;' . '-"f!:: 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. 8/22/93). There was one child born of this marriage: Kyle H. Seybert (DOB Count I . Divorce 8. The allegations of Paragraphs 1 through 7 are incorporated herein by reference and made a part hereof. 9. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 10. The marriage is irretrievably broken, and the parties are proceeding under Section 3301 (c) of the Divorce Code. In the alternative, Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count II . Eauitable Distribution 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as if set forth at length. 'it . '" ,', "._",i-c,__. ":,,,_ ,,- ., ,~" -'''''.''',," ,,' ~~ ,,,;';',, !~. 13. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III . Spousal Support and/or Alimonv Pendente Lite and Permanent Alimonv 14. The allegations in Paragraph 1 through 13 are incorporated herein by referenCE! and made a part hereof. 15. Plaintiff is unable to sustain herself during the course of this litigation. 16. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 17. Plaintiff requests this Honorable Court to enter an award of spousal support andlor alimony pendente lite in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of spousal support andlor alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. ~. " ' ~-- , ,-,j' ~' , - .~ - ,,'-' < -".~ - < "':'( , ~'-'\ Count IV. Counsel Fees. EXDenses and Costs of Suit 18. The allegations of Paragraphs 1 through 17 are incorporated herein by reference and made a part hereof. 19. Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 20. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 21. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 22. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. RESPECTFULLY SUBMITTED, d Date:. Charles Rector, squire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 "' ~ ~, . . ,'~ "",,,-";',', .- c..'- .- ^'~, ^ '_ ',;,,'J - ";;-i;:. L.': M';':':":;~ I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ \ I . nl~ d- ~y . WU'L-C Kimb~L. Seybert t Date: ~ " ,- , ,--, '~. " J" .->,',J';' ~i --;';'/' ,;,_'" ,',,<- "'-- :'~'" KIMBERLY L. SEYBERT, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CRAIG A. SEYBERT, DEFENDANT CIVIL ACTION - LAW 01-2716 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Douglas G. Miller, Esquire, attorney for the defendant in the above-captioned action, hereby agree to accept service of the Complaint in Divorce in the above-captioned case, Docket Number 01-2716 Civil Term, which was filed on May 4, 2001. By: \ Douglas G. er, squire Supreme Court LD. No. 83776 Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle,PA 17013 (717) 249-2353 Attorney for Defendant, Craig A. Seybert Date: May 11,2001 ~~~".';"'~~1l!~~l!~liAfjl-~I~l>4~liliP~~lfu~,*"~!101;ia:,4~1!.~-~.'~""""" -" 'r'- .1 o ~ -aIT' lllh::; Z:-:i', ~~; ~"-.} -'.>..." 7\.._) S;~ Z :::;! ~. ~ ~~- "" "I I o ,~ -~.. ::c-;;> e_',", -'- " . r''':'~ .t"7'i -:_;~y ~:'~~? " -~. - ,,':----,----; 6~; --.{ '> S:J -< 1'0 -' ,. " .'."., ,""i, ,0' :1 __~' ,"" ,~c-~__ ",' ~:^' . , '.' ,'or"~; ~ '-',' ';;';' '''- l.' __ _ ;:,: KIMBERLY L. SEYBERT, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2716 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE CRAIG A. SEYBERT, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 4, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered 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 herein 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. J.~,I.. ~~ ~v \/'--V'"V'--- ~ ... '\ Kimberl . eyb rt Date: LR (?-l \Oi iii.'""'&'<""'- '~L.~~'~jfiL::i.("'- '~.~~~'~""~Wi- O~,_" "_ ,,~, = '",' ""'< "^ " ^,-,~ (', ~, 'y~ ,. , -.^ " c - '''. """ ..<i-~-'" '~' ;-" o c: ?-:--: ~."j~"; '(J,f.. ~~J~ \.,..~ ~ -"_,.<c:.. "....... ~---' ~~~ ~() Pc: Z -1 -' , d =- c_ ^' -,""- ...., <=> = .z:- <- c: r I -.l o -n .-1 Ion rl1~ r -om :o~ 80 -'-ri _I_lj o~ ze) C)rt1 ~; -:n -< -0 - -"" C' o ~ J ,~_ C,"^ ,~ "' ',j " -.,- KIMBERLYL. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 2001- 2716 CIVIL TERM CRAIG A. SEYBERT, Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 200 l. 2. The marriage of 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. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswomfalsification to authorities. Date: &/.:25/of / / (j&a~~ C GA. SEYBERT Defendant '-- ,',,' ' ~~~'W~~Mllii.~OO~lrr~W~"'':-J$;'id';'i',"''',.....t<'m!t'i,*~~!~~-'''''''''''k~ ~"N N~~ ~ ".~< ~N" ," _',_~",~"~"" vJ _.~~ ~~ ;oj,... 'Y.'~~,-OCdMi!Il"\'" "^- 'r~i 1 ~~<-- "''''''''''''''-'' (") '" 0 = C = '~n 5_ .r- L -.... -::;'[";'"' ::r: nij'- c:: rn~ ~~ ~, -01--1"1 :ny ._,~ -- t.D QC) r'::'i'::'i I~I-i J>,r-, -0 r",,::J ~ ' -"" bM C.:;C) ....~c ~ ,,-j =t '- W ~JJ -::;. 0 -< ..- ;;;i !i "I I: " II ,. - , - ~"~-" CRAIG A. SEYBERT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW aroh:A'=li(P No. ~ CIVIL TERM KIMBERLY L. SEYBERT, Defendant IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: C:/A'S!C'1 / " ~d~~ C IG A. SEYBERT Defendant ~~JlJ $ "'~,@!l1R~l~'It~'It._!'i&~%:~~~:';j:(lflMi!illa':M~Ii!J;h:*,,,it~<iM;1:;j;.i":"""-"-hitH$.l~~~~lIllMlltill --_.'-'U-K"r' AIIi'iNI';Wj!llill;""';oi&:.l --t}(i:'~ ~::I) :,c ~?,: , ~~.:~ '~'~~ L::" ~: o <;;;, I' 'r,",; ~bl ....., C? = ",.. c.- ,~ :;-:: o -n .-t :I:-n rnF -em :rry "'">'C' ::=:l..,.:, -r --4 5-'.' _..".C> Ar-n ~-=---l -~ '~~ N v::> ,J: ':? L"> o " .., ~ KIMBERLY L. SEYBERT, Plaintiff V. CRAIG A. SEYBERT, Defendant TO THE PROTHONOTARY: , ",' ,'C'~ '.~ ^:~'''' 1-- ~,. ' '" ".'" j ".-h . ^'i..;, . .-, ;~_'" '_c_*-" " : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2716 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW Please withdraw Counts II, III and IV of Plaintiff's Complaint in Divorce filed on May 4, 2001, in above-captioned matter. Date:. RESPECTFULLY SUBMITTED, ~J~A'7;[).y- Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff j;,k4;;;ig[''<'' ,,;,.':" o~ - "' ~~ltI\~_~i:it.Mj'i'Ui'~";"'~\-"~~~__;~_J!lir- ~",~"~, --^ ~- ,~ ' ,~,'," ~"" ' ".,c_,,' ,;.;,.. ,'''., '-' ~~ , ;,~'.""",,;,--, .",,-. -,' '~ -'^"-~'o"- (') c:: ~~;..! 0-7""('\ t}~~:.. -.,.<'." c:: 'c.-::-' 'ft':) 7L{;') :P~ ~ -<. ~ = .c- <- c: .- I -l -0 :;li:: - -, - ~ 1\; - ~ ti --.,-; ::r..,~ Qf.') ~~ ,9 "-p. '::n :z g:- o ;..,:~ ~ . j ,J ~>'--"'~'"^'--lJ" ~ ~'J;ll~-;; FROM Charles Rector, Esq. PHONE NO. 717+761+2161 Oct. 22 2003 10:07AM P1 Law Offices of Charles Rector, Esquire, P.C. 1104 Femwood Avenue, Ste. 203 Camp Hm, PA 1701\.6912 www.ehartesrector.com Tammy S. Faust Paralegal (717) 761-8101 Fax (717) 761-2161 October 22, 2003 Via Fax ;49-6354 Douglas G. Miller. Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle. PA 17013 RE: S.ybert v. Seybert No. 01-2716 Civil Term Dear Attorney Miller: This letter confirms that the Pre-Hearing Conference scheduled in the above. referenced matter before the Cumberland County Divorce Master will begin at 10:00 a.m. on Tuesday. October 28, 2003. Thank you for your consideration. If you have any questions, please feel free to contact me. Very truly yours, ~wtSl Charles Rector CRltsf cc: E. Robert Elicker, II, Esquire " , ; ~,- , ~."^ , "r~~"';' ~ ,;- ':,,!J- !'="...~2.' KIMBERLY A. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CRAIG A. SEYBERT, Defendant NO. 01-2716 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of July, 2003, upon consideration of Defendant's Motion to Compel Plaintiff To Produce Documents and Respond to Interrogatories, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J. Charles Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, P A 17011 Attorney for Plaintiff . ~ 7~(J3.{)-3 .~ Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Q-. :rc ~_--ii' '~"~iil!illi~~~~'!li.!0-jj~tijjj~T!\iJj~~~~ ~iIoiit'li!i.\1 tv o 'VINVf\l,\SNN3d "'\ ,UNnm n!.!,n':!3tjif,inv :,.or' ,",r-) '~l.\ '\1 !Iij r'-Hli ,).; ~ " ",'" ' ,(,.,,-,. ! 1",'-" ::\0 ^'cl:vLF'i'~i !."";~',.. .\ ':'11"\\ I I ,......l"' ~ i- ~ \:, ::1,,-1\:1:"',-"" \J.. ,--' _M _.. ~--"'- , "" "-"'__h"''''''< '''~, '_"'"",~ "," ,- ,~." '. ~'- , , ~" _0 ~ '.~' . >,.., imlidJIiit[ '-lIIl"> ",~" "Mib ' -". ~ t . , ~~ ^""~, ~"=', ,. '~'~''''",''''''''','''~''''''''''>''='''~'''''~--'--~'.'. k_ KIMBERLY A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : 2001 - 2716 CIVIL TERM CRAIG A. SEYBERT, Defendant : IN DIVORCE DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO PRODUCE DOCUMENTS AND RESPOND TO INTERROGATORIES AND NOW this g~#--day of June, 2003, comes the Defendant, CRAIG A. SEYBERT, by and through his attorneys, Irwin, McKnight & Hughes, and hereby moves this Court to enter an Order pursuant to Pa.R.C.P. No. 4019, directing Plaintiff, KIMBERLY A. SEYBERT, to answer Defendant's Requests to Produce Documents and respond to Defendant's Interrogatories or suffer sanctions, and in support thereof avers as follows: 1. The action was instituted by Complaint filed on May 4, 2001, which was properly served upon the Defendant through his attorney on May 11, 2001. 2. On April 29, 2003, Defendant sent his initial Requests for Production of Documents by Defendant and Interrogatories pursuant to Pa.R.c.p. 4009.1. A true and correct copy of Defendant's cover letter dated April 29, 2003 is attached as Exhibit "A". 3. Pursuant to Pa.R.C.P. No. 4009.l2(a), Plaintiff's productions and objections, if any, were due on or about May 29,2003. 4. Plaintiff did not provide any documents or objections, or otherwise attempt to contact counsel for Defendant to request any extensions to file responses. 5. On June 12, 2003, a letter was sent to counsel for Plaintiff requesting a response to Defendant's discovery requests. A true and correct copy of said letter is attached as Exhibit "B'~. 6. No contact from Plaintiff or her counsel has been forthcoming. - ~ ~ "" , -"~',' ,." .~ "--~ --"''-"'' '"' ~".,,- """<''''<".'H " ,,",~' '.- ~l 7. In total, two (2) months have elapsed since the initial discovery requests were served upon the Plaintiff. 8. For the foregoing reasons, Defendant believes and avers that Plaintiff will not produce the documents requested or respond to the Interrogatories absent an Order of Court pursuant to Pa.R.C.P. No. 4019(a)(1). WHEREFORE, Defendant requests that the Court enter an order directing Plaintiff, KIMBERLY A. SEYBERT, to furnish all documents identified in Defendant's Request for Production of Documents and respond to Defendant's Interrogatories and fully comply with said request within ten (10) days or suffer appropriate sanctions to be imposed upon further application to the Court. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: Dated: June rX7, 2003 Douglas . Miller, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff Craig A. Seybert 2 -- ~ . < " <> '~'--<'. ': EXHIBIT "A" '" ~- ~ '" _""-'-- " ~~~-=""'~ '-;'i, ,"'- , ,--~ -- ~~, "fi,: LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A. lvlcK}VlGHT. III JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLD S. IRWIN (l925~1977) HAROLD S. IRWrN. JR. (1954-1986) IRWIN, IRWIN & IRWIN (l95{j..1986) iRWIN, IRWIN & McKNIGHT (1986~1994) IRWIN, McKNIGHT &HUGHES (1994- ) April 29, 2003 CHARLESRECTOR,ESQUIRE 1104 FERNWOOD AVENUE, SUITE 203 CAMP HILL, PA 17011-6912 .J RE: SEYBERT v. SEYBERT No. 2001 - 2716, In Divorce <$>\, ~ (},>,~ "\:,,,.,,'-,fSt;\\-,#' ., Dear Attorney Rector: Enclosed please find one (1) original and one copy of Defendant's Interrogatories to Plaintiff as well as Defendant's Request for Production of Documents in regard to the above- referenced matter. I look forward to receiving the responses to these documents. If you have any questions or would like to discuss this matter, please feel free to contact me. Very truly yours, IRWIN, McKNIGHT & HUGHES xt/~ DGM:tds Enclosures cc: Craig A. Seybert (wI encls) ~. ~ " l' ,,'i_' EXHIBIT "B" '=' "'~"'(-j~:, ." -"" -" ,. ' ~ ' ..~, (1J i..^, ]'::1;', LAW OFFICES IRWIN McKNIGHT & HUGHES 1 m :_~'l1 , ;; ROGER B. IRWIN MARCUS A. McKNIGHT. III JAMES D. HUGHES REBecCA R. HUGHES DOr/GLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYL VANIA 17013-3222 17171 249-2353 FAX 17171 249-6354 E.MAIL: IMHLAW@SUPERNET.COM HAROLDS.IRWIN (l925~I977) HAROLD S. IRWIN. JR. (1954~1986) IRWIN, IRWIN &IRWf}/ (1956-1986) IRWIN, IRWIN & McKNIGHT (/986-1994) IRWIN. McKNIGHT & HUGHES (1994. ) June 12, 2003 CHARLES RECTOR, ESQUIRE 1104 FERNWOOD AVENUE, SUITE 203 CAlVIP HILL, PA 17011-6912 RE: SEYBERT v. SEYBERT No. 2001- 2716, In Divorce Dear Attorney Rector: Enclosed please find Defendant's Answers to Plaintiff's Interrogatories - First Set. I have not yet received your responses to Defendant's discovery requests. If I do not receive your responses within the next ten (10) days I will be filing the necessary documents for sanctions. Thank you for your attention to this matter. Very truly yours, IRWIN, McKNIGHT & HUGHES ~.!l~ DGM:tds Enclosure cc: Craig A. Seybert (w/enc) ,_ ~~"' ~ "'--"~~'~~__'o'_,~"" " ".".- -_" .-"","~~O'!;;'~;""',;;7:'''t.-' '_';: CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: CHARLES RECTOR, ESQUIRE 1104 FERNWOOD AVENUE SUITE 203 CAMPHILL,PA 17011 Date: June 27, 2003 IRWIN, McKNIGHT & HUGHES ~4'~. Douglas . Miller, Es4uire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff ""j ;~~::iWi~ oj '. il"- '" "'-;"~'~'~,iYl'IDiar'- cif "',_,.,_',',\0""," ,~ ,;,,-c~,._, > +", ',~" ^, <.. .,.,.. " ,'.- ~<,,'~' ""'''. ::::.- "~ >..< .] ~ ""~, -- '" ' ~,-- C. , ~ ~, .'~, 8 0 0 w -n :;;:. t_ --< "OJ ,-::= ~::D [Jlrn :z: 2.. :(,', N [s,Z 2:,..' U)d::~ '''; -<...: ~O v ::.C ~_;,_; ~C :;;: ") -'- .'-0 -0 ':'? ~:5m >c ===l 2: :iF; =l U'\ =< -< --, _"~ k", _''''0 .. ,"'He,,' ',~. " l~"':'> ~jfir' ~/{~/~~~ KIMBERLY A. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, Defendant IN DIVORCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant DATE: Friday, April 4, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: 9 Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Interrogatories addressed to Defendant forwarded to Att. Miller on April 14, 2003. ~-, "" " 'Jo' L (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. . '-I !"~J DATE NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COL~SEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. '. -~ ,"' , . , )' ';~d I I ~ -'l .. i~;: ~ ~ 1 Lf ,D?frV KIMBERLY A. SEYBERT, Plaintiff IN THE COURT. OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, Defendant IN DIVORCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant DATE: Friday, April 4, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. -,'=, '~ ,,';' r'~ ' ,,-,-" , '- ,",~ ;'~', tj." f'. , (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. r;j/5103 I1ATE ~~~ ~ . CO EL FOR LA NTIFF ( ) COUNSEL FOR DEFENDANT ~) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. " !~_~~mlil!h~\j1;j"(t'd,1,i,l:<~~,~~@.%;;{f$5Ml~l!!i;Ili'~;&ikiJ'i?}'lh,"""',~,!,;"",;k,~":\!-'H'ii-"~,,,,,"'*',1f."e__..(;;;:&4~~~!ilih" U ' S1HClO'I5? 1!J~!~mw iN1M\l1 J J r '" ,L.J,,,'(d (] ~OOG 0 L tldv l[p~ if'{fJ~~~\1I (~lv~J ttbn\~J,\,"~!)clJ@ ~~~, ~ - ,"~"~ "'" "" fl/"~, , _, ~, ,,"'" ,,_ ~"~,.'" ." " , <" ~, , 1 ilJ-~ 1l1.iS1!lo~ ~'~"~_W:I 'U_Jl , = ~Jji_.." llE' , ,', ", .' [" "' -f",~ , ,~.-",' ""'j rOl THE COURT OF COMMON PLEAS 0:: Cl,'}lBERL\ND COUNTY, PEmlSYLVANL-I. KIMBERLY A. SEYBF;FT. Plaintiff vs. CRAIG A. SEYBERT. ~O. 2001-M'fI8".2 1Jt. Defendant r.T~if A SPyhPT~ a master with respect to the . (X) Divorce ( ) Anmllment ( ) AliJnony ( ) AliJnon;t Pendente :!OTION FOR APPO~T OF M..<\.STER (~i.......) (Defendant), rollow~g claims: moves the court. ~o appoint Lite ( x) ( ) ( ) ( ) Distribution or Property Support Counsel Fees Costs and E.o'qenses and in support of the motion states: (1) Discovery is comp.lete as to the claims(s) appointnent or a master is reauested. (2) The def~ndant (has) (~ appeared in (by his attorney, DouR1as G. Miller (3) The staturor! ground(s) ror divorce (is) and '3301(d)' (4) for f...;hic~ t:J.e the action C......""..--;.;.}') ,Esquire). (are) 3301(0) rollow~g claims: J. e. te the inapplicable paragraph(s): The action is not contested. An agreement has been reached with respec I: to the claims : (c) The actiOn is contested with respect to the rollowing distributionol marital assets and debts. (5) The action (~~1~a.) (does not involve) complex issues or law or fact:. (6) The hearing is e."",ected to take 1/2 (.,...,-",-9 (da7~)' (7) Additional info~tion, if any. relevant to the motion: N/A. Data: ~ ~" ~ .J! ."tJtJ"A. At rn. ror ~(. .-~. .. (Defandanl:) ORDER APPOT::ITTIlG :'!ASTER Douglas G~ Miller, Esquire AND NOW ~"1, 0<... ,cX()() 3, r: ~ef.u;J~ is appointed mas ar '~th respect to the rol10wing claims: ~ Esquire, By IiJ ,ii<lIiW~Jm.~~i!~"'I~:,"".i"'-"'",~illi&i.,,,"~.gWi,",-"d"~'~&:U~,1;.*,,,'id}i,,:<fJ0W~""Mii..'l:;;L:!JH"~"'J"',:')A,"'S.4"~\JiO-"'<W;;jjl$-Ml;!t~ilIilJiilll!lljl.mliW:i '~'"Wl,~JlmJiI: ~"~"~'""""""''''1 \f1N\f/i'lASNN3d \j 1\11'l~\ /'i nr\'\.!'1>P01f~n:) A.I, I,,",' ',,"" "",:1,1., 01 :11 HV z- ~d\lSD "\ 1i ~O 1\.\>I!i.\"....", .'.'< AClV..;..,,-,','''-'' '_.''',"' 3~)li30-..{.~:~ ,...'>' ^.~~,~ '"~"., " '.- -~- ~ ~~ "~,. o <J;; t; ?" \ -- o c .,.. -o~p ~"lrr~ Z::J::- Z~- 0)0:_' ~t~] ;;E;C bC' "PC: ?L o -n _A -C-.\ ;~;:;'1~ ?~~ :..)-"'" ._0 ;:~\rn --, :::-'::;. "J:J -<: .-<J :$ c- o. o t,) ~q . _~.r II '" <<l -" 11. " '<', ~-.;.,,< '",,' ",."" " . '"' ~:' KIMBERLY L. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, Defendant IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 28th day of October, 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 10/1/03 E. Robert Elicker, II Divorce Master d ~ . . -w j f"". -c' """~""'" KIMBERLY L. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 27th day of October 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/3/03 E. Robert Elicker, II Divorce Master ~ , .'~ .. 'i< ~'"". ' ,,_". ,_. - ~___" ',~" _,~ ~ ' -' 0 ,~~_.""" '"" '.~ _"-""<;,,'''''-/,'' "','_],'~; <",>,': __y:" '~;:""/'\__', ',:"'~"';_'/;';" ,> "'0-', i"_'~h""U~.t0"~'~'''". :::.;;, " I'll ... KIMBERLY A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CML ACTION - LAW : 2001 - 2716 CML TERM CRAIGA. SEYBERT, Defendant : IN DIVORCE PRE-TRIAL STATEMENT AND NOW comes the Defendant, CRAIG A. SEYBERT, by and through his attorneys, Irwin, McKnight & Hughes, and files this Pre-Trial Statement as required by Rule 1920.33 of the Pennsylvania Rules of Court, setting forth as follows: I. MARITAL ASSETS: See Inventory and Appraisement attached as Exhibit "A" for specific valuations. A. Real Estate: On or about July 28, 1993, the parties purchased the marital residence for $85,000.00. Plaintiff moved from the marital residence with the parties' minor son, who will soon turn 10, at the date of separation. Defendant continues to reside in the marital residence. B. Furniture and Personal Propertv: Much of the personal and household property of the parties has been divided by mutual agreement. According to Plaintiff, some items of personal and household property remain undivided and in the possession of Defendant. II. EXPERT WITNESSES: A. Experts may be involved for the valuation of Plaintiffs retirement benefits, the marital residence and perhaps other tangible personal property. " ~, ~, " --".. = -- ',~~,'"' _ n'~_ "-".~, ,'~.~, ~- -,~ ,~, __ >, 0;; ,"C, '""";__':~ III. WITNESSES: A. Craig A. Seybert: will testifY as to the marital assets existing at the time of separation and other factors affecting distribution. B. Defendant reserves the right to call additional witnesses as needed. IV. EXHmITS: A. Income and Expense Statement. B. Appraisals as necessary. C. Tax returns of Plaintiff and Defendant. D. Pay stubs and other income statements of Plaintiff and Defendant. E. Bank account statements of Plaintiff and Defendant. F. Credit card statements and summaries of payments by Defendant. v. INCOME AND EXPENSES: A. Plaintiff's Income: Plaintiff is employed full-time as a secretary with the Mechanicsburg Area School District. According to her paystub ending June 13, 2003, Plaintiff had gross earnings of $14,913.10 at the time for the year 2003. It is believed that Plaintiff receives or has available health insurance coverage through her employment. B. Defendant's Income: Defendant is employed full-time by Advanced Communications Agency, Inc., 2950 Jefferson Street, Harrisburg, PA 17110. His regular hourly wage is $18.00 and overtime wage when available is $27.00. According to his paystub ending April 12, 2003, Defendant has gross earnings of $13,496.58. Defendant has health insurance coverage available which is paid for in part by contributions withdrawn from his paystub. 2 ~ ~,~, .. --''''''''~''~''~''-'' .' , "'."'.",'"~' "" '"~''''c. '"^r..-,'H """"'''!>'^'<'-'''''--- - '--""-->~-'."N "^,,'-oi-i~"^ ",:,;".1<; ;':',;~ -"'.~,1_,;:';',' "-'r' "<~'-;i \ An Income & Expense statement will be provided by Defendant prior to hearing. VI. PENSION: See Inventory and Appraisement attached as Exhibit "A." VII. MARITAL DEBT: See Inventory and Appraisement attached as Exhibit "A." VIII. ALIMONY: Defendant does not believe that Plaintiff is entitled to any alimony. IX. PROPOSED RESOLUTION: It is the Defendant's belief that the assets and debts of the parties should be divided equally with Defendant receiving credit for the significant payments he has made toward the parties' debt since the date of separation. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~~,~ Douglas . . er, squire Supreme Court LD. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Craig A. Seybert Date: August 19, 2003 3 f,t ~,"'" "~ ,', "j; , INVENTORY & APPRAISEMENT ASSETS Item Number Description of ProDertv Value Names of all Owners Lien 1. Marital Residence 2601 Shingus Circle Grantham, P A 17027 $92,500.00 approx. Joint $67,869.00 - approx. date of separation amount to Washington Mutual 2. 1995 Plymouth Neon $1,500.00 Joint (Trade in allowance 1/16/02) 3. 1997 Dodge Ram Vehicle was under lease at Date of Separation Joint 4. Joint Savings I Checking Account Members 15' FCU Values at Date of Separation to be supplemented prior to hearing 5. Members l"FCU $2,697.77 Wife (4/30101 - Post Separation) 6. Public School Employees' Retirement Plan $4,052.40 Wife (as of 6/3010 1) 7. Edward Jones Retirement Account $1,788.46 Wife DEBTS DescriDtion ADDrox. DOS Value Owners 1. First USA Visa $6,532.00 Joint 2. AT&T Universal Card $8,563.00 Joint (Account closed 12/14/01) 3. BJs Wholesale $1,820.64 Husband 4 :':; '" "0, , 4. Capital One $5,495.24 Husband 5. Discover Card $9,567.35 Joint 6. Home Depot $3,158.54 Joint 7. Lowe's $2,358.82 Joint 8. Sears $3,372.63 Husband 9. Chase Visa Gold $12,147.57 Joint (Toys R Us) 10. The Bon Ton $544.31 Wife 11. Boscov's $375.82 Wife (8/31/00) 12. Hecht's $132.24 Wife TOTAL DEBTS $54,068.16 (Date of Separation) Exhibit "A" 5 , i"i KlMBERL Y L. SEYBERT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW v. CRAIG A. SEYBERT : NO. 01 - 2716 : IN DNORCE ORDER AND NOTICE SETTING HEARING TO: Kimberly L. Seybert Charles Rector , Plaintiff , Counsel for Plaintiff Craig A. Seybert Douglas G. Miller , Defendant , Counsel for Defendant 1. You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 13th day of January 2004 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court George E. Hoffer, President Judge Date of Order and Notice: lO/?RI01 By: Divorce Master 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 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 .JII1J TELEPHONE (717) 249-3166 L!~STTMONY WILL BE LIMITED TO TIlE FACTOR OF MARlT AL MISCONDUCTAS THAT FACTOR MAY AFFECT WIFE'S ALIMONY CLAIM. ..., ;::,'.L ~ '.'<' ',., ft',: " "Illl'--h" ), r . KIMBERLY L. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2617 CIVIL CRAIG A. SEYBERT, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Tuesday, October 28, 2003 Present for the Plaintiff, Kimberly L. Seybert, is attorney Charles Rector, and present for the Defendant, Craig A. Seybert, is attorney Douglas G. Miller. The parties were married on February 6, 1993, and according to wife separated March 23, 2001. Husband claims that the separation occurred March 25, 2001. There is a minor child of this marriage who currently lives with wife. The complaint in divorce was filed on May 4, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. The parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The parties are directed to have the affidavits and waivers available for signature at the hearing to be scheduled in this matter on the factor of marital misconduct. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite and counsel fees and costs. Counsel have indicated that there will be testimony on the factor of marital misconduct. A separate hearing is going to be scheduled on that factor. Husband has indicated that he will have two or more witnesses; wife's counsel has indicated that wife will be testifying on her behalf. However, the Master directs that both counsel provide each other a list of witnesses one month prior to the hearing to be scheduled and if there is a change to the witnesses list, the Master and opposing counsel are to be advised prior to the hearing. Wife is 29 years of age and resides at 917 1 -0 1 ~, ,'" C'. '-.,",\;0.'" ~' "0";'1;: . , Shef~ield Avenue, Mechancisburg, Pennsylvania, with her parents and the minor child. She is a high school graduate and wqrks as a secretary at the Mechanicsburg Area School District. The most recent net monthly income figures we have are in December 2001 and counsel is directed to provide a current income statement for wife to be presented at the hearing scheduled on the marital misconduct issue. Wife has not raised any health issues. Husband is 34 years of age and resides at 2601 Shingus Circle, Grantham, Pennsylvania, where he lives alone. Husband has a high school diploma and is employed at Advanced Communication Agency, Inc. His counsel is directed to provide a net monthly income statement at the hearing to be scheduled on marital misconduct. Husband has not raised any health issues. The parties own a parcel of real estate at 2601 Shingus Circle, Grantham, Pennsylvania, where husband is res:iding. Husband claims the property is worth $92,500.00; wife has placed a value of $85,000.00 on the home. The home is encumbered with a mortgage in favor of Washington Mutual. The payoff is around $67,800.00. An updated payoff statement should be provided. With respect to the value of the house, wife wishes the house to be sold; husband wants to remain in the house. If we are going to use the house as an asset against which we will offset other assets and credits, we will probably need to have the house appraised Wife had a 1995 Plymouth Neon. was traded on another vehicle and the trade-in $1,500.00. The 1997 Dodge Ram is subject to a arrangement. That vehicle value was lease We need to have values for the Members 1st checking and savings accounts and updated values for wife's Public School Employees' Retirement Plan which would include interest accretions but not contributions from the date of separation. Likewise, we need similar information for wife's Edward Jones retirement account. The household tangible personal property has previously been divided. In the pretrial statements wife has requested a few items of tangible personal property to include the rose heart chair and piano. It is the Master's understanding that we will not use values for the household tangible personal property in the equitable distribution computation but if that changes then both parties need to provide an appraisal of the tangible personal property so 2 -" - .J " d . "...l. , ~~,,' I f that we can use those values in the distribution of the total marital estate. The marital debts have been listed in the pretrial statements which at the time were in excess of $50,000.00. Husband claims that he has made payment on account of those debts in the amount of approximately $14,000.00 and would like to have credit for payments he has made since the date of separation. The Master is going to let each counsel go on the record to state his client's position with regard to the issue of equitable distribution with respect to the house, offsetting assets and credit on marital debt. Mr. Rector, would you go on the record and state your client's position as to her wanting to have the marital residence sold and the reasons therefor. MR. RECTOR: Yes. Mrs. Seybert request that the marital home be sold and that the proceeds be divided and applied towards the joint marital debt remaining. The existing debt as of the date of this pre-hearing conference exceeds the equity not only in the home but in the remaining marital assets. Our position is to do anything other than order the sale of the home where the debt exceeds the equity is reversible error as a matter of law and we request that that be done. If that were the order of this Master following the hearing, I anticipate that my client would then agree to settle all remaining aspects of the case very very quickly. THE MASTER: Do you want to address, Mr. Rector, your concern about the bankruptcy aspects of this debt in conjunction with the marital home issue? MR. RECTOR: Yes. To the extent that the 3 ,_r; , ~, i i~ ?, , .,', ~- , ~I .. . " .~ ~; Divorce Master is requested to award the home to the Defendant, the Divorce Master is then placed in a position of assigning marital debt both to Mr. and Mrs. Seybert. The difficulty arises where following the award of debt to Mr. Seybert and Mrs. Seybert, Mr. Seybert would then be in a far more advantageous position to file for bankruptcy to absolve himself of the joint marital obligations assigned to him and the result would be Mrs. Seybert being without the home and without a tangible marital assets against which to secure a loan for the amount of debt awarded to her. In addition, Following the award of a major asset such as the home to husband, to the extent that husband exercises his right to file bankruptcy, wife is then placed in the precarious position following a hearing on equitable distribution of being forced then to cover in essence all of the marital debt in a federal bankruptcy hearing or to absolve herself of the debt vis-a-vis a bankruptcy which she wishes to avoid. THE MASTER: Mr. Miller, do you want to address your position on the record and your client's situation with regard to the retention of the marital home? MR. MILLER: With regard directly to the bankruptcy, my client has avoided filing bankruptcy since the parties' date of separation and it is his desire not to file any type of bankruptcy petition and evidence of his 4 ~ ; - -;..1:).'. '" > , intent to try to avoid bankruptcy has been his attempt to make payments on the joint marital debt that was in existence at the time of separation and it is not his desire to file any type of bankruptcy petition but to simply request that Mrs. Seybert be responsible for her proportional share of the marital debt that was in existence. With regard to the marital residence, it was Mrs. Seybert who elected to move from the marital residence and in with her parents. My client does not have any family in the area; does not have any other living arrangements available to him and has been making the mortgage payments on the marital residence since the date of separation. It is his position that taking into the account the equity in the marital residence and the retirement accounts available to Mrs. Seybert as well as the value of her trade-in vehicle and the value of her checking account, that those items equal out and that the only thing that is left for the parties to divide is the joint marital debt, and I guess as well into that calculation of the assets equaling out is consideration for the money that he has already paid toward the joint marital debt. But taking into account the assets available to her and the money that he has already paid that those basically wash out and that all we are left with is the debt. He has requested on numerous occasions for Mrs. 5 ~ , I . , L -' '~', - e', ,"' ", - , ., ',;", Seybert to contribute towards that debt and to this date she has not and it is his position that that should be allocated between the parties so that they can get those debts paid off. He would further point out, I believe, to the Divorce Master, that both parties have stable jobs and income coming in and he believes that with a little effort these debts can be satisfied without having the need for any sort of bankruptcy. (A discussion was held off the record.) THE MASTER: Mr. Rector has indicated that he believes that husband may have a deferred compensation plan with his employer. Mr. Miller is requested to provide a letter from husband's employer indicating that he either has a plan and the value thereof or that he does not have a plan. This letter should be provided to Mr. Rector by December 1, 2003. A hearing on the factor of marital misconduct as that factor.may affect wife's alimony claim is scheduled for Tuesday, January 13, 2004, at 9:00 a.m. Notices will be sent to counsel and the parties. cc: Charles Rector Attorney for Plaintiff Douglas G. Miller Attorney for Defendant 6 !f __ ,l ~ ;.'''"' -~ -~,~, - ('" MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this /1f day of June, 2004, by and between KIMBERLY L. SEYBERT, (hereinafter referred to as "WIFE") and CRAIG A. SEYBERT, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 6, 1993, and separated on or about March 25,2001; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives,. and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. ~~ -,-, _1 ..;., ,~ c~ '" ' ."r " "_ ~" "I, 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (I) Is represented by connsel of his or her own choosing, or if not represented by counsel, nnderstands that he or she has the right to counsel: HUSBAND IS represented by Douglas G. Miller, Esquire of Irwin & McKnight; WIFE IS 2 -'~~ ~"'-' -I ,'..:. L" 'ri'. I. -,- .. ~_.' ~'.,,--. represented by Charles Rector, Esquire of Law Offices of Charles Rector, Esuire, P.C.; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 40l(e), and that is referred to in this Agreement as "Marital Property," as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part ofthe marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 3 __..4 ...." J " "- '_,I ^ ,"",.' ,~ <,...,,t,, ' 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during mamage. 7. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that marital property located at 2601 Shingus Circle, Grantham, Cumberland County County, Pennsylvania, 17027 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold WIFE harmless from any obligations on said payments. In furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute a Deed conveying her interest in the property to HUSBAND. HUSBAND agrees to refinance the existing mortgage obligations on the property and thereby remove WIFE'S name from said obligations. Legal counsel for WIFE shall prepare the necessary Deed and hold the signed document in escrow until such time as necessary for HUSBAND'S refinance, at which time the Deed shall be filed of record with the Cumberland County Recorder of Deeds. 4 """""""'""~, . .~ ,~ -" ''- ~ > -r~, " 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction, with the exception of a piano to be retrieved from the marital property by WIFE within sixty (60) days oftms Agreement. If the piano is not retrieved within sixty (60) days, it shall become the sole property of HUSBAND with full power to retain or dispose of it in his discretion. With the exception of the piano, WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future. HUSBAND shall hold WIFE harmless 5 1<--_ HI ,. .~, . '. " , '", " , '"", ~, A,\ for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: The parties acknowledge the joint filing for bankruptcy relief from their various marital debts. Other than the mortgage obligations against the marital real estate, in the event that any debts incurred prior to the separation of the parties survive their discharge from bankruptcy, the parties agree to be equally responsible for the payment of said debts or obligations. It is further mutually agreed by and between the parties that WIFE shall assume all. . liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution 6 ~ "', ~ J>, of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 13. BENEFITS, STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall 7 .. ~', -. ',> "'" ~ ~ .' e' - -)-i be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 8 ~~ ~ ~ ~ ., .J- , t- _0 ~-'l'- . . 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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 interests, rights and claims. 9 .l" L'" << .'~ . :iI, IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ;;y ryjti( / 'l(~J~ - ~:S~-(SEAL) BERL Y L. ERT I ~tlM/7 . G A. SEYBERT (SEAL) 10 _ I,",," , ~,I ':J~; , . COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this /,flNlay of June, 2004, a Notary Public, KIMBERLY L. SEYBERT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~()1fl Notary pulJif COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL . ROBERT J. GOLD. Notary PublIC Hampden Twp.. Cumberland County My commission Expire.!!uly 10,2007 COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this If ~ day of June, 2004, a Notary Public, CRAIG A. SEYBERT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL I ROBERT J, GOLD, Notary Public J Hampden Twp., Cumberland Coun . My Co!!""ission Expires JUiYJQ,}O~7__ 11 3-,<!!\i~~iIlM~~~"'A""j,",~a~rc\ii>~<..-.lli&tWi,""'~L",cl-~J<&":'r".,"bl~;"';'-".^""""i,"":.fmL",-,,;l~:o,-~.~;;..'b,h\ili~~~~~~~~~'~'"- Q t:p ,o:lC ),J)\llJ ~,'~ __ ,,,,"~>t""__' '''"''''0 """_~',," ,,'"" _ "> '.~7,~ '~"_"," ." ',"e,~" ~ ~ .)"'""" ~ " J .~ . .,.j~ . . <-' 0 n C:> ~ -n c;. ..-l ,. (,- ;~ < C-~ . -,- r...) C) ~(~~?\ -:1 C?(~, - -' C) ~.n { , C~ {-;;' ". "~ ~, - ~1: --+1 -~ C0 ...,,,-"-,~ , " ""' "~ 'e ,.,~ -~ '-.i.--~ oJ'-",-; l'lJlH""" KIMBERLY L. SEYBERT, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~81b..- day of been 2004, the economic claims raised in the proce resolved in accordance with a marriage settlement agreement dated June 18, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Charles Rector Attorney for Plaintiff Douglas G. Miller Attorney for Defendant > ~ ~ ?/2I/-r r -I-- ~ 7Y\~r.:;:: . ;~m.l'bi,~',<i,;"il",:~,;;i<,\l!.lli~",M""-~"~l'.~jilitir"1frill'~l~-"",-~:^1lJ';J~d~"",illi!:o.]\j!iix~~~^"'" ,Liro' ,--);L~,,7~IlJf!t mp'"l"",,,""','1-1''<:' ",",!.o~'_ , " -"''"-'" ,- ~ ,- ~" ." A,U,-'nc,~,--' ~"i :( ,;~:<::,:!1 :'lJ u! " ::; Ii::) \1(',"'\ t nnz Ot,~ ! if H 'jUt! A'!V~(1i'!)YIitf~j~1~:-u. ,,- ..Vl ...1'-) ~ OUc ""'J;f w ~~"'>- .'" '--,~,;.;""'" KIMBERLY L. SEYBERT , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2716 CIVIL TERM V. CRAIG A. SEYBERT, Defendant CIVIL ACTION - LAW 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 a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceotance of Service bv DouQlas G. Miller. ESQuire. on Mav 11. 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 06/21/04, by the Defendant 06/25/04. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary 07/07/04. Date Defendant's Waiver of Notice in ~ 3301 (c) Was filed with the Prothonotary 06/29/04. C~~r- Charles Rector, Esquire Attorney for the Plaintiff Date: 07/08/04 <:s- lep "~'-~'"" -~ ~,~.,"" ~~ ",y__,~~, F.. :<>H ,,'''_, ,I,: "~,..."",,_u;.;~~(..n,,,\I>Jj;;;,;;*Hi<~""'~~~JA~,I~~_';~#.l-"I~,,~mwh'~l\r.ili~~~~ill' ~-, () S;;; -0 fj~j q:)~:;-; 2.:f'" ~~~':' ~g 7 ~ . -."r_ ...., = = -"'" <- c:: ,- I \JO -0 ::;;: ~ Ul N ~ --I ffl::!J r:: -e,r-n :by 90 -r',."i -'..,-~ (~(') of"n -\ ~. :!i: ,~, , ~I ",:+::+: '" :+: . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . , . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . , ":-f.'f.:+:'f.:+: j c -" , ~ , -:. ,-"j,:.i1, c- ~ ,cO. 1 ".~' "',,, "~"'__H.~,'h ~" ,,',..j,,~~" :",h';;L""".<i.it'i...,' ~'~''-1'',~ :f.:+:'" "'''''''''' '" . "'''':+:'''''''''''' "''''''''''''''''~''''''''' :+::+::+: :f. :+::f. "''''ff.:+::+:ff. '" "':fi "":f. . .. """'Of,*" . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'''''''''''''''''''''''''''''''''''''':f.'''''''''''''''''''''''''''''''''''''''''''''''''''' IN THE COURT OF COMMON PLEAS STATE OF ii:T~H!ERLY I SEYIlERT OF CUMBERLAND COUNTY PENNA. VERSUS "'''1\1(;; J\ SEYIilEIlT No. 01-2716 Civil ~erm AND NOW, DECREED THAT AND "'raig J\ DECREE IN DIVORCE ~ \.1\ '\ 1'-' 7-06<{, IT IS ORDERED AND Kimhf>rly T. , PLAINTIFF, ~pyh~rt- S@yaert , DEFENDANT, ARE: DIVORCED FROM THE BONDS OF MATRIMONY. IHE 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 written Marriage Settlement Agreement of the parties, dated June 18,2004, is attached hereto and incorporated lnto tnls Decree for enforcement purposes only pursuant to Section 3105 of the Pennsylvania Divorce Code. -~ .~"""""""'r,., ~;0\S~~'f:~=~~!-:!&r~~ ~ _::=~~ .-'::::.,"~ ""~" 4:- ",G 2;' s:->.... :-;.." ~ "- "~_:- ..(/C"-"'''\.- -,.'"(;' 'i"'~':: "r,,"/,~' ~J":\'" ; ~i; . '-- { (, ~~-',. :~ r~i "'"..~ '.,.:_~ ' :_;;.,:; ~;; ..r.:"'.':" '"' '4 - "-'~_ '~~~~ ~::"~.-~~S=~~~~ /-,.,,-~:---..:~'^ "" C' ','-6 .......~ ,'t')'\_~ ......11..1"., ""V~ \..'~\:.;W ~ ~ L;~\_:>2. . c . 0.9.0000000000. . ATT STt1~ ~ ( @ PROTHONOTARY 'f."'''''''''':+: :+:'" '" :+:",:+:"'''':+:''''''''':+::f. J. . ,> 7-c.?~- ,tW 7-~ -CJY , _ '.. r~, - '" ~'~> , ~' , ",,",". '~ ,,-'" '-"" ',"'. ,""'''- '''''- "OC' -,"',',,-",. 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