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HomeMy WebLinkAbout03-3199 LAUNA V. SNYDER, . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, Plaintiff . PENNSYLVANIA . v. NO. 61 - .llQ9 CI"u\( ~~ JOHN D. SNYDER, . IN DIVORCE . . . Defendant . . NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 LAUNA V. SNYDER, PlaintlH : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. JOHN D. SNYDER, IN DIVORCE : Defendant NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrlta 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se deflende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propledades 0 otros detechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAUNA V. SNYDER, . . v. NO. 03- 3/~ IN DIVORCE C!ju~CT~ JOHN D. SNYDER, . . Defendant . . COMPLAINT AND NOW, comes Plaintiff, Launa V. Snyder, by and through her attorneys, Rupp and Meikle and Richard C. Rupp, and files this Complaint in Divorce, based upon the following: 1. Plaintiff, Launa V. Snyder, is an adult individual residing at 241 Glenn Road, Camp Hill, PA 17011, Cumberland County, and who has resided in Cumberland County for over five years. 2. Defendant, John D. Snyder, is an adult individual residing at 241 Glenn Road, Camp Hill, PA 17011, Cumberland County, and who has resided in Cumberland County for over five years. 3. PlaintiH and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least five (5) years previous to the filing of this Complaint. 4. PlaintiH and Defendant were married on February 19, 1977. 5. There have been no prior actions for divorce or annulment between the Parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. PlaintiH has been advised of the availability of counseling and of the right to request the Court require the parties participate in counseling. 8. PlaintiH is not a member of the Armed Services of the United States of America and Defendant Is not a member of the Armed Services of the United States of America. 9. PlaintiH and Defendant have three (3) children from their marriage, one of whom is a minor. COUNT I - REQUEST FOR NO FAULT DIVORCE UNDER SECTION 3301( c) OF THE PENNSYLVANIA DIVORCE CODE 10. Paragraphs 1 though 9 of this Complaint are incorporated herein by reference thereto. 11. After 90 days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant will also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after 90 days have elapsed from the date of filing of this Divorce Complaint, Plaintiff Launa V. Snyder respectfully requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 ( c ) of the Pennsylvania Divorce Code. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE PENNSYLVANIA DIVORCE CODE 12. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff respectfully requests this Honorable Court to equitably divide, distribute or assign the marital property between the parties, in such proportion as the Court deems just after consideration of all relevant factors, in accordance with the provisions of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502. WHEREFORE, Plaintiff Launa V. Snyder respectfully requests this Honorable Court to enter an Order of equitable distribution of marital property pursuant to Section 3502 of the Pennsylvania Divorce Code. COUNT III - REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY UNDER SECTION 3701 (a) AND 3702 OF THE PENNSYLVANIA DIVORCE CODE 14. Paragraphs 1 through 15 of this Complaint are incorporated herein by reference thereto. 15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment while raising the parties' minor child. 16. PlaintiH requests this Honorable Court to enter an award of spousal support or alimony pendente lite until final hearing, and there upon enter an Order of alimony or alimony pendente lite in her favor pursuant to Sections 3701 (a) and 3702 of the Pennsylvania Divorce Code. WHEREFORE, PlalntiH Launa V. Snyder respectfully requests this Honorable Court to enter an award of spousal support or temporary alimony until final hearing and thereupon to enter an Order of alimony in her favor pursuant to Section 3701 (a) and 3702 of the Pennsylvania Divorce Code. COUNTIV - COUNSEL FEES. COSTS AND EXPENSES UNDER SECTIONS 3702 OF THE PENNSYLVANIA DIVORCE CODE 17. Paragraphs 1 through 16 of this Complaint are Incorporated herein by reference thereto. 18. PlaintiH has employed Rupp and Meikle and Richard C. Rupp as counsel, but expects to be unable to pay all the necessary and reasonable attorneys' fees for her legal counsel to prosecute this marital action. 19. Plaintiff also expects that Plaintiff will need to hire a real estate appraiser, a pension expert and possibly other experts, such as an accountant, and does not have the funds necessary to pay such necessary and reasonable fees for experts. 20. Plaintiff requests this Honorable Court to enter an award of reasonable counsel fees, costs and expenses and Order such additional sums thereafter as may be deemed necessary and appropriate in order to allow Plaintiff to conduct this marital action. WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested and grant reasonable legal counsel fees, costs, expenses and reasonable fees for experts. "'hal C. Rvpp Attorney I.D. No.: 3483 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Plaintiff VERIFICATION I, Launa V. Snyder, verify that the statements in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. i 4904 relating to unsworn falsification to authorities. ~~SgR~ Date: ~ Iv / t9 D ~r iO 7i ~ ~ #- ~ ~ ~ -- tu . . . ~ ~ lrtO~ ~-..,}(\OD- N ~ I I ........, -.0 :r:JCv p:~ ~~ ~ ~ 8 ~~ , ~?" c:: :.-! i ~;'-: ..- c?j _. -.- --.i ~~' ... .;~ (" :..) '-- _..;. ~~ :-OJ :-::~ :-2 (-' ...-: -' -<; 'i ~ (") --, LAUNA V. SNYDER, Plaintiff, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYL VANIA v. : CIVIL ACTION - LAW : DIVORCE JOHN D. SNYDER Defendant. : NO. 03-3199 CIVIL TERM PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Melissa L. Van Eck, Esquire on behalf of John D. Snyder, Defendant in the above referenced matter. Respectfully submitted Date:~ - Q4--o.:~ By: ~ if- .~L Melissa L. Van Eck, Esquire Attorney ID No.: 85869 203 West Caracas Avenue Suite 201 Hershey, P A 17033 (717)540-5406 Attorney for Defendant 0 C) C) C co -n 'S.. '-- -r; CJ '.:; ;l; ; I ",_: ;~ N U) <.: I -<. re- I . .- :1::: I ;:~. \.:~.. ,~.,) 2- 0.,.) -~." :2 ( ,:) :~ LAUNA v. SNYDER vs Case No. 03-3199 ,TOHN D. SNYDER Statement of Intention to Proceed To the Court: JOHN D- SNYDER intends to proceed with the above captioned matter. Print Name MELISSA L. VANECK Sign Name Date: Attorney for DEFENDANT Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 190 I. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901 (b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230( d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ~ -0 OJ ~t.B zr" <f) :1;,: ,-' ~c.. ~c -0 P'-c ~ ,...., c:;::) ~ (/) I""l -t) N (:) ~ ~:P :BE 96 :r.... , - .,., ~~ 9 ~ -t) :s ~ .r:- LAUNA V. SNYDER, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : CIVIL ACTION - LAW : DIVORCE JOHN D. SNYDER, Defendant. : NO. 03-3199 Civil Term MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this .I ~t day of FeDrv.a fl"7 ' 2007, by and between Launa V. Snyder (hereinafter "Wife") of Camp Hill, Cumberland County, Pennsylvania and John D. Snyder (hereinafter "Husband") of Mechanicsburg, Cumberland County, Pennsylvania. WIT N E SSE T H: WHEREAS, the parties hereto married on February 17, 1977, III Lewistown, Pennsylvania; and WHEREAS, three (3) children were born of this marriage, Jennifer D. Snyder (d.o.b. 9- 26-79), Matthew A. Snyder (d.o.b. 3-4-85); and Sarah J. Snyder (d.o.b. 11-14-87). WHEREAS, a divorce action was filed by Wife as Plaintiff on or about July 7, 2003, in the Cumberland County Court of Common Pleas at 03-3199 Civil Term; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the martial property; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and the legal effect have been fully explained to the parties by their respective counsel. Wife is represented by Richard C. Rupp, Esquire. Husband is represented by Melissa L. Van Eck, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 330l(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. 3. DATE OF EXECUTION. The "date of execution" or execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the other as testamentary, or all other rights of a surviving spouse participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or inequity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or othelWise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON INTERFERENCE. Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unman1ed. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not harass, disturb or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 241 Glenn Road, Camp Hill, Cumberland County, Pennsylvania 17011 (the "Marital Residence"). The Marital Residence is encumbered by a first mortgage with Bank of America Mortgage Company and a home equity loan with Community Banle In consideration for the promises, covenants and agreements set forth herein, Husband agrees to transfer all right, title and interest in to and under the Marital Residence, including any rights under the Divorce Code of 1980 as amended, to Wife upon her refinancing or assuming the mortgage. Husband further agrees to cooperate in signing any and all documents necessary for the transfer of this property including, but not limited to, a special warranty deed conveying and all interest in, to and under the Marital Residence that he may have by virtue of his marriage to Wife. Wife shall assume sole responsibility for the first mortgage with Bank of America Mortgage Company on said property and agrees to indemnify Husband therefore. Husband shall assume the remaining balance on the home equity line of credit with Community Bank by December 14, 2006. Wife shall provide a Mortgage Satisfaction Piece or Mortgage Release for the above mortgage in a form suitable for recording contemporaneously with the delivery of the above referenced Special Warranty Deed. In the event Wife does not refinance the Mortgage within eighteen (18) months from the date of this Agreement the Real Property shall be immediately listed for sale at a price acceptable to both parties. In the event that the parties are unable to agree upon a price, then the price shall be fixed by a licensed real estate broker selected by both parties. In the event that the parties are unable to select a real estate broker, they shall each select a broker who, in turn, shall select a third broker who shall determine the price. The broker shall also advise the parties whether the listing price shall be lowered in the event the Real Property is not sold within a reasonable period of time. The parties shall cooperate and agree to lower the listing price until the price has been lowered by twenty percent (200/0) of the original listing price. Thereafter, the price shall not be lowered unless by agreement of the parties or Order of the Court. Upon the sale of the Real Property, the net proceeds, after deduction of all expenses, fees and taxes in connection with the sale, and after satisfaction of the liens of the existing first and second mortgages, shall be paid to Wife. In the event that a deficiency exists upon the sale of the Real Property after deduction of all expenses and application of proceeds to the mortgage liens of record, then Wi~e shall be responsible for such deficiency. In the event that the Real Property needs improvements, whether capital or not, during the pendency of the sale, the Wife agrees to pay for the costs of those improvements. Until the Real Property is sold, Wife shall assume all liabilities and obligations with respect to the Real Property including the existing mortgage, real estate taxes, assessments, homeowner's insurance, upkeep and maintenance. Wife shall indemnify Husband and hold Husband harmless from any and all claims and demands of every kind arising out of or in connection with the Real Property. 8. DEBTS. The parties acknowledge that they have debts which were jointly incurred during their mamage. Husband and Wife agree that each will be solely responsible for any debt incurred in their name alone. Specially, Husband will be responsible for any and all credit card debt in his name. Wife will be responsible for any and all credit card debt in her name. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. Husband hereby waivers his right, title and interest to Wife's retirement benefits. Wife hereby waives her right, title and interest to Husband's state pension (SERS). The parties waive any and all other retirement benefits obtained by the parties post separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. PERSONAL PROPERTY. The parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 12. VEHICLES. Husband shall retain sole and exclusive ownership of the 2006 Ford Explorer leased vehicle currently in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Husband shall retain sole and exclusive ownership of the 1988 utility trailer currently in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Wife shall retain sole and exclusive ownership of the 1998 Nissan Maxima vehicle currently in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Both parties agree to execute, within thirty (30) days of the date of this Agreement, any and all forms, titles and documents necessary to transfer the aforesaid vehicle from joint ownership to individual ownership, as specified herein. 13. AFTER-ACQUIRED PROPERTY. Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party become a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit or the other party pursuant to the provisions to this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY_ SUPPORT_ AND ALIMONY PENDENTE LITE The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter waive for spousal support, alimony, pendent elite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. TAX MATTERS. The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be othelWise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement' fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. ....' ~",~~'..,E:~i";Ji,'--':../'_': ","' ~_"''''-_\-&~,---: . I'-,~'~"'- 17. ATTORNEY FEES. COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing this Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing this or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; ( e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendent elite, alimony, counsel fees and costs and expenses. 20. EFFECT OF DIVORCE DECREE ON AGREEMENT. Either party may enforce this Agreement as provided in section 31 05(a) of the Divorce Code, as amended. As provided m section 31 05( c), provIsIOns of this Agreement regarding equitable distribution, alimony, alimony pendent elite, counsel fees or expenses shall not be subject to modification by the court. 21. HEADINGS NOT A PART OF THIS AGREEMENT. The descriptive headings preceding these paragraphs are for convenience and shall not affect the meaning, construction or effect this Agreement. 22. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS. Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. MUTUAL COOPERATION. Wife and Husband shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 24. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 26. ENITRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, convents or undertakings other than those expressly set forth herein. 27. MODIFICATION OR WAIVER TO BE IN WRITING. No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 28. NO WAIVER OF DEFAULT. The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 29. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purposes in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. COMMONWEALTH OF PENNSYLVANIA COUNTY OF (J"'efl.L-,..c J : SS. On the I;) ~ day of ~ /, , 2007, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Launa V. Snyder, known to me (or satisfactory proven) to be one of the parties executing the forgoing instrument, and she acknowledges the forgoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and years first above written. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CARMElO J. CLAUDIO, Notary Public lemoyn~ ~oro, Cumberland County My CommIsSion Expires Feb. 27, 2010 .. COMMONWEALTH OF PENNSYLVANIA COUNTY oCIfl"IJffi.L"" J : SS. On the / ~ + day of h l , 2007, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared John D. Snyder, known to me (or satisfactory proven) to be one of the parties executing the forgoing instrument, and she acknowledges the forgoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and years first above written. ';.:JMMOLWEALTH OF PENNSYLVANIA CA NOTARIAL SEAL lRMElO J. CLAUDIO, Notary Pub,. emoyn~ ~oro, Cumberland County IC ~ CommIssIOn Expires Feb. 27, 2010 ..' ' ... IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. Wife and Husband acknowledge the receipt of a duly executed copy hereof. ~~ Witness df~ if ~ Launa V. Snyder ~~ Witness ~D~ John D. Snyder .;.~ l"-.) c..:) = -.....1 -" Pi W I CO o -n :11. -n n1p il'l CJ C-, C? C'J ~H -n LAUNA V. SNYDER, Plaintiff: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE JOHN D. SNYDER, Defendant. : NO. 03-3199 Civil Tenn ACCEPTANCE OF SERVI~ I, John D. Snyder, acknowledge that I accepted service of the Complaint in Divorce in the . above referenced matter via certified mail on or about July 1 0, 2~ Date: J - t., ... 0 7 JOhn~ b~ . f-:) C~ .;::;::.3 ....... ...., rr1 co o !l ......f I-n rf1p uG '.I~~ ~~~ .~,'~~ \;~ ":0 :-< I CO -0 :J; o CO LAUNA V. SNYDER, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : CIVIL ACTION - LAW : DIVORCE JOHN D. SNYDER, Defendant. : NO. 03-3199 Civil Term AFFIDAVIT OF CONSENT 1. Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety - (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.s 4904 relating to unsworn falsification to authorities. Date: 0./ I J /) 7 , , ~~~ Launa V. Snyder Plaintiff r--) c:::::. ..:;::::;1 ......J ...., fT1 co ! co -0 ::;;,: ~ ~" f1'1 r,-', ~~b :~2.i~~ i~~ "_.-\ ~ - .. o CO LAUNA V. SNYDER, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : CIVIL ACTION - LAW : DIVORCE JOHN D. SNYDER, Defendant. : NO. 03-3199 Civil Tenn WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.s 4904 relating to unsworn falsification to authorities. Date: OJ /1 /07 I I ntlUVlU 11 ~ Launa V. Snyder Plaintiff ~ c:;:3 c::::> --' ..." g , OJ o -Tl """'! "Tl :c1__ lie. -0 r" ~r,?9 :.'~~f', -0 ~,~ ........ :t.~\~~ -i'">' ~ C) CO LA UNA V. SNYDER, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : CIVIL ACTION - LAW : DIVORCE JOHN D. SNYD,ER, Defendant. : NO. 03-3199 Civil Term AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 1 (c) of the Divorce Code was filed on July 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety - (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.s 4904 relating to unsworn falsification to authorities. 2-I-ZO()7 ~LJ.~ John D. Snyder Defendant Date: ~ o ;....t -i'1 g \ eP ...-0 ~ ..P- ~ :t~n n1.f: 4'1 rt\. -:.-,0 '\S?, ......... i;~~ ~ '....c. - o CO LAUNA V. SNYDER, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : CIVIL ACTION - LAW : DIVORCE JOHN D. SNYDER, Defendant. : NO. 03-3199 Civil Term WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.s 4904 relating to unsworn falsification to authorities. Date: z/t/zo07 JOhn~])'~ Defendant '" ~ = --' ." I"'T1 co I 0') ~ ::;:! ffi:D r- -om ;.:~C? ':,'j ~.? j5~ ...__1. ~ -< :2 .....:,.... a 0) . ... LAUNA V. SNYDER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JOHN D. SNYDER, Defendant NO. 03-3199 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the complaint: Served via certified mail on or about July 10, 2003. Acceptance of Service filed simultaneously with this Praecipe. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on February 1,2007; by defendant February 1,2007. (b)(l) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None. .- ... 5. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: N/ A. b. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: Executed on February 1,2007; filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: Executed on February 1,2007; filed simultaneously with this Praecipe. R;l;;;(;p tMU Melissa L. VanEck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd. Suite B Harrisburg, P A 17112 (717) 540-5406 Date: 8 - rr ."O!:L of - CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for John D. Snyder, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Transmit Record was served upon Launa V. Snyder by depositing same in the United States mail, first class, on February 7, 2007, addressed as follows: Richard C. Rupp 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 Date: ;J - 7-(), r- Melissa L. VanEck, Esquire 7810 Allentown Blvd. Suite B Harrisburg, P A 17112 Telephone: (717) 540-5406 Attorney for Plaintiff ~ C) C':.J .1 ---' ...,., rr1 w , CO (""~ CO ~~~~~~~~~~~~~~~~~~+~~~++~~+~+~~~+~+~++.++.++.+++.++.++.+.+++++++~+++++ ;f ;f ;f +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. + + + + + + ;f + + + + + + + + + +. +. +. +. +. +. +. +. + T. +. + +. +. +. ;f + T. +. +. +. T. T. + +. T. + +. +. T. +. +. + + T. + +. +. +. +. +. +. +. ~+.++++++++++++++++++++~+~++++.+++++++++++++++++++++++.+++++++++++~ IN THE COURT OF COMMON Pl_EAS OFCUMBERLANDCOUNTY STATE OF Launa V. Snyder VERSUS John D. Snyder AND NOW, DECREED THAT Launa V. AND John D. PENNA. No. 03-3199 DECREE IN None: The Marital Settlement DIVORCE 7(A~ I Snyder Snvnpr is 10/ ~ zoo, , IT IS ORDERED AND ARE DIVORCED FROM THE BONDS OF MATRI MONY. , PLAI , DEF TIFF, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE Aarpempnt pntprpn YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT int incorcorated but not meraed he By THE COURT: / H~ ~~ J. PRO HONOTARY ~jp 7~ ~ L(}JI'~ ~ -rl ?~ ~.rJ uJ51.e '. .,., .. .: ...1> '- . . -~------