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HomeMy WebLinkAbout99-052316\ 'A p, -v ION lk s? t .a G O? I' 4 t 01. i i Robert.. .?I... VanScyoc Plaintiff Vcr..ns :e• [X• I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY j STATE OF PENNA. 81 f i i i i i J •c, i iE 1 I? %A7 Luanne Renee. VanScyoc Defendant N t 1..1.999-Q.5.23d ................. DECREE IN DI VORCE AND NOW,.. .. ....... • $JQC. 400. , it is ordered and decreed that ..Robert 4MVansr-Y-0c .............................. plaintiff, and ,Luanne, Renee, VanScyoc, • • • . .... • , • , defendant, are divorced from the bonds of matrimony. t? s i Cr aR The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; o ..............None........................................................, .................. ................................ .l/. l.................. r By 'f?he Cou Attest: J. Prothonotary -- --- .;y,. •:?. <? • {?S •;Y.• ;fib _ •;?ipS :?:• <?:• •:? • :?:• CY,• •s• • •:6• tE •:t:• •:?> •;?: :?• 7 •?7on `Z? .rr24? T? e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Robert M. VanScyoc, : No. 1999-05231 Plaintiff Civil Action - Law VS. In Divorce Luanne Renee VanScyoc, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree; 1. Ground for divorce; irretrievable breakdown under 3301(c) of the Divorce Code. 2, Date and manner of service of the complaint: Service was made by Certified Mail Return Receipt Requested on September 2, 1999, and was accepted September 3, 1999. An acceptance of service was filed on September 17, 1999. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code; by the Plaintiff 6/23/00; by Defendant 6/29/00. 4. Related claims pending: Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses together with Counter- Claim in Divorce all of which have been resolved by Property & Separation Agreement which is filed of record. 5. Plaintiff's Waiver of Notice in Section 3301(c) was signed on 6/23/00 and is filed herewith; and Defendant's Waiver of Notice in Section 3301(c) was signed 6/29/00 and is filed. H. Anthony Adarrls,-Esquire Attorney for Plaintiff 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ?.:, ?; , .. ??J ,..J PROPERTY AND SEPARATION AGREEMENT BETWEEN LUANNE R.VANSCYOC AND ROBERT M.VANSCYOC WALKER & MACBRIDE OFFICE BARLEY, SNYDER, SENFT & COHEN, LLC 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 AGREEMENT made this /0 day of 2000, by and between LuAnne R. VanScyoc of 136 Park Place East, Shippensburg, Cumberland County, Pennsylvania, M1j s hereinafter referred to as "Wife", and Robert M. VanScyoc of 620 Brad Street, P. 0. Box 318, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are husband and wife, having been married on June 24, 1990 in Oakville, Cumberland County, PA. There were no children bom of this marriage; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including: settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: a. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Martha B. Walker, Esquire, for Wife and H. Anthony Adams, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she, in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, .; coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 1) r 2. WARRANTY OF DISCLOSURE- The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3. PERSONAL RIGHTS ANDS PARATIOM Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarred. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS? This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a 3 mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) of the Divorce Code of 1980. 5. AGRFFMFNT TO BF 1N ORPORAT DIN DIVOR DF?FF The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF X . iTION: 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. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. BANK ACCOUNT For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 9. MOTOR VFHf R4• With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 1998 Mercury Mystique shall become the sole and exclusive property of Wife along with any and all liens and encumbrances. b. The 1992 Ford Explorer shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances. c. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 10. AFTER-A O IR D P R ONA PROP RTY/R A ESTATE- Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate hereafter acquired by him or her, with fill power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. BEA1..,FSTATE• Husband owns real estate at 625 Brad Street, Cumberland County, Shippensburg, 5 Pennsylvania which is encumbered by a joint mortgage to Orrstown Bank. Wife agrees to waive all right, title and interest in and to the aforesaid real estate upon payment to her the sum of Sixty-five Thousand ($65,000.00) Dollars within thirty days of the date of this Agreement and upon Husband's removal of Wife's name from the mortgage. 12. RECIPROCAL WAIVERS OF PENSION INTERESTS- a. The parties recognize that Husband has a pension plan as a result of his employment with Mid-Cumberland Valley Regional Police Department. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in this pension plan. b. The parties recognize that Wife has a pension plan as a result of her employment with Green Ridge Village. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in this pension plan. c. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plans and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. 6 13. DEBM a. Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. b. Husband shall pay the parties' joint Discover Card and indemnify and hold Wife harmless therefor. Wife shall pay her Allfirst Credit Card debt and indemnify and hold Husband harmless therefor. c. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of 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, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's 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 any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 14. WARRANTY A TO EXISTING OB IGATION Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 15. WARRANTY AS TO FUT THE Og mATION Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 16. WAIVER OF TPPORL a. Husband hereby waives all right to claim against Wife support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband support, alimony, alimony pendente lite, counsel fees and expenses. 17. SPOUSAL SIJPPORT/AI IMONY• The existing Order for Alimony Pendente Lite shall be terminated when the following conditions have been met after-June 24, 2000: a. The parties are divorced; and b. Wife has been paid $65,000; and c. Wife's name has been removed from the Orrstown Bank mortgage; and d. All Alimony Pendente Lite arrearages have been paid in full. 18. MUTUAL R ASRS• Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c)any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 19. DIVORCE- Husband has commenced an action for divorce from Wife pursuant to Section 3301(c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint in Cumberland County, Pennsylvania, and docketed as 1999-5231 - Civil Tenn. Both parties shall, after June 24, 2000, fumish Husband's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the fact that Husband will bear the cost of same in his individual capacity. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1980-26. b. This Agreement maybe offered in evidence in the action for divorce and maybe incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 20. LEGAL FEES: In the review and preparation of this Agreement each party shall bear his/her own legal fees. 2I. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 22. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 23. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in tidl settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 24. TAX CONSEOUFN F,,&; By this agreement, the parties have intended to effectuate and by this agreement have equitably divided their marital property. The parties have determined that such equitable 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 otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 25. MUTUAL OOP RATION/D TY TO FF T AT A RFFM r7 Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. R .ON .I .IATION• The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 12 27. SFVSRARII tT . In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of 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, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's 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 any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way avoid or alter the remaining obligations of either of the parties. 28. NO WAIVER OFD DEEM JIM This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver 13 of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. INTEGRATION- This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 30. EFFECT OF DIVORCE D R The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 31. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: n?S a. To the Husband at 62QBrad Street, Shippensburg, PA 17257. b. To the Wife at 136 Park Place East, Shippensburg, PA 17257. 32. WAIVER OR MODIFICATION TO RE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14 33. CAPTIONS_ The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 34. AGREEMENT BINDIN ON H IRC• This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 35. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: jk- --Lzij,w (Seal) 4 Z I I Zl?l LuAnne R. VanScyoc (Seal) Robert M. VanScyoc 15 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF FRANKLIN 1 On this, the day of b? 2000, before me, a notary public, the undersigned officer, personally appeared LuAnne R. VanScyoc, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. V Notarial Seal Staesy A. Shank, Notar/ Pubiio Charc,bershuno Soro. Franklin Ccamty My commission Expires Jan. 12, 2004 COMMONWEALTH OF PENNSYLVANIA ) cu.m2EPLAroD ) SS. COUNTY OF Mtk?ffGMT ) t On this, the J day of 2000, before me, a notary public, the undersigned officer, personally appeared Robert M. VanScyoc, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary Public 16 - T z s w U 0 LLv s F L Q w z r4 z g z w ?? 3a 8 d w z a w z 0c x a w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, : No. q,? - 5.z 3 1 Cul-f Plaintiff : Civil Action - Law VS. In Divorce Luanne Renee VanScyoc, 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 in divorce or annulment may be against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including the custody or visitation rights of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, Plaintiff VS. Luanne Renee VanScyoc, Defendant COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Robert M. VanScyoc, who currently resides at 620 Brad Street, Shippensburg, Cumberland County, Pennsylvania, since July 15, 1976. No. 9 9. s.23j c-?Q -r' : Civil Action - Law In Divorce 2. Defendant is Luanne Renee VanScyoc, who currently resides at 620 Brad Street, Shippensburg, Cumberland County, Pennsylvania, since August 15, 1987. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on June 25, 1990, in Oakville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted. H. Anthony Ada s, Esquire Attorney for Plaintiff 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 e I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 8 a5 ,? , ?_ Robert M. VanScyoc ?~ 1ri Li r c; (e, C V ® Y R i? u G C- N ?. l J cli c t1 m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert M.VanScyoc, Plaintiff VS. Luanne Renee VanScyoc, Defendant : No. 1999-05231 Civil Action - Law :In Divorce AFFIDAVIT OF SERVICE H. Anthony Adams, Esquire being duly sworn according to law deposes and states that a complaint in divorce was mailed to Luanne Renee VanScyoc of 620 Brad Street, Shippensburg, Pennsylvania 17257, certified mall, return receipt requested, on September 2, 1999 and was accepted on delivery by Luanne Renee VanScyoc on September 3, 1999 as shown by the attached receipt. 1 H. Anthony ams, s re Attorney for Plaintiff 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 Sworn to and subscribed this th day of September, 1999. Notary Pubic My Commission Expires: 1 3. Article Addressed to: NOfMMLltAL Luanne R. VanScyoc DIMNNMAINlM?OORUCMIIIIPIl?IC 620 Brad Street NMpOwliO•I?MG1NtIp.M Shippensburg, PA 17257 tNy eaniwiNion E> pn. i?.bro" a t=oo o Compete, items t andror 2 for additional sf ias. Complete dams 3,4a. OM de. O Firm your name and address on the reveres of this forth a that we can realm Ma OW to you. O Attach this form le the Immt of the rrailpiece, or on the tack it space does rqt permit. o Wnte wetum Receipt Reeuastedbn the meiipeca below IM etde numteu 01 ho Relum Reeeipl will show to whom the ahide wee, delivered eM the dale I also With to receive to lo4ow• ing services (for an extra fee): I . ? Addressee's Address 2. ® Restricted Delivery ?Registered ?certified ? Express Mail ? Insured ? R9tum Receipt for Memhendiss ? COD I 102595-999-0223 PS form 3811, December 1 ,.*V A C! WWI* F•i,u f•t?n u,o p..y??y?! ljww nv" e#fouli 0" Lv" waw lc Mcxrww a:w J r s U ? V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, Plaintiff VS. LuAnne Renee VanScyoc, Defendant : No. 99-5231 : Civil Term Civil Action - Law In Divorce a.v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 26, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. I consent to the entry of the final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: d5 ?1 Z???ly Robert M. VanScyoc Plaintiff --- _ ( ?'• ?r _? J, .)o:j - ? -'.. i_ 'J f J') `a c? '.Jl._ :) ' ? ?? f! (? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, Plaintiff No. 99-5231 Civil Term VS. LuAnne Renee VanScyoc, Defendant Civil Action - Law : In Divorce a.v.m. 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. 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. Section 4904 relating to unsworn falsification to authorities. Date: b d 9 L?? ??m-? _ .v Robert M. VanScyoc Plaintiff I? 1 ILU Cl V IN THE COURT OF COMMON PLEAS NINTH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, VS. Luanne Renee VanScyoc, Plaintiff, Defendant Civil Action - Law No. 99-5231 Civil Term In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 26, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: (C Am ! g-/X' Luanne Renee VanScyoc, Defendant >- ? 'r ?' r: _ ?; <. ,, .. :,-? - ?,. ? : :n i ''n _i ` = = "'i . i i; ._ i -=: t .. -? ? ? C 7 U :..:+t:» H ?, ?, ;, !;,; ,. '?,^ ,r!'i •??i ,. ;,:,,,?. 'a<Ire ;?. ?y'{ iy 2i ?/ ..':? IN THE COURT OF COMMON PLEAS NINTH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, ) Civil Action - Law Plaintiff, ) 1 VS. ) No. 99-5231 Civil Term 1 Luanne Renee VanScyoc, ) Defendant, ) In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: G a 3 e(c ?-/ ?41d /X1 ? Luanne R. VanScyoc, Defendant r r in r"' ?. C.. [ CD , c1 LAW OFFICES WALKER, VANHORN, & MACBRIDE, A DIV OF BARLEY, SNYDEF; SEr§1FT & COHEN, LLC 247 LINCOLN WAY EAST, CHAMBERSSURO, PENNSYLVANIA 17281 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, ) Civil Action - Law Plaintiff, ) VS. ) No. 99-5231 Civil Term LuAnne Renee VanScyoc, ) Defendant, ) In Divorce a v.m. ACCEPTANCE OF SERVICE yl(L /? C I, H. Anthony Adams, Esquire, attorney for Plaintiff in the above-captioned matter, do acknowledge that I have received an original and two copies of the Defendant's Interrogatories For Answer By Plaintiff prepared in the above-captioned matter. I certify that I am authorized to accept service on behalf of Plaintiff. Date: I1 f3 ??\s H. Anthony Adams, Esquire Attorney for Plaintiff ?: Lii(? n: C. 11, ??? ?. I L.: , C, ??1 ?1 >- __?; J J _. l? ? / e'F LAW OFFICES ?w. WALKER, VANHORN &MACBRIDE,ADIVOF BARLEY, SNYDr :, SENFT & COHEN, LLC 247 LINCOLN WAY EASE CHAMBERSBURo, PENNSYLVANIA 17201 a? ?t n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, Plaintiff, vs. Luanne Renee VanScyoc, Defendant, Civil Action - Law No. 99-5231 - Civil Term 1 In Divorce a v.m. ACCEPTANCE OF SERVICE I, H. Anthony Adams, Esquire, attorney for Plaintiff in the above-captioned matter, do acknowledge that I have received a true and attested copy of the Counterclaim filed in the above- captioned matter on November 23, 1999. I certify that I am authorized to accept service on behalf of Plaintiff. Date: ?? C1 A H. Anthony Adan s, Esquire Attorney for Plaintiff 1 1.30.99/MB W /856730.1 f ??? ?. - % C: f:: _ f?l 1• - ._? it i .: i.. ?- Cr i ??j?j L f. Li •.) - 7 „n. ? . ? Y ?i.P qz?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, 1 Civil Action - Law Plaintiff, 1 1 VS. 1 No. 99-5231 - Civil Term 1 Luanne Renee VanScyoc, I Defendant, I In Divorce a v.m. NOTICE TO PLEAD To: Robert M. VanScyoc: You are hereby notified to file a written response to the attached Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. WALKER, VAN HORN & MACBRIDE, a division of Barley, Snyder, Senft & Cohen, LLC By: - .K . Ma tha B. Walker, Esquire Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, ) Civil Action - Law Plaintiff, ) VS. ) No. 99-5231 - Civil Term Luanne Renee VanScyoc, ) Defendant, ) In Divorce a v.m. COUNTERCLAIM The Defendant, Luanne Renee VanScyoc, makes the following counterclaim against the Plaintiff, Robert M. VanScyoc. COUNT ONE DIVORCE 1. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 7 inclusive of Plaintiffs Complaint, as fully as though set out at large herein. 2. In violation of his marriage vows and laws of the Commonwealth, the Defendant, Robert M. VanScyoc, has offered such indignities to the person of the injured and innocent spouse, the Plaintiff, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a decree of divorce. COUNT TWO EQUITABLE DISTRIBUTION 3. Defendant incorporates by reference the allegations contained in Paragraphs through 7 inclusive of Plaintiffs Complaint, as fully as though set out at large herein. 4. The Plaintiff and Defendant own and possess various items of personal and real property which are subject to equitable distribution by this Court. WHEREFORE, Defendant requests an Order determining and disposing of existing property rights and interests between her and Plaintiff. 11.15.99/MBW/852703.1 COUNT THREE ALIMONY 5. Defendant incorporates by reference the allegations contained in Paragraphs through 7 inclusive of Plaintiffs Complaint, as fully as though set out at large herein. 6. The Defendant is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself through her employment. 7. The Defendant cannot support and maintain herself in the style she was maintaining prior to the separation of the Plaintiff and Defendant without continued financial assistance from the Plaintiff. WHEREFORE, pursuant to Section 3701, et seq. of the Divorce Code, "Alimony" Defendant respectfully requests your Honorable Court to order Plaintiff to file within thirty days of service of this Counterclaim upon Plaintiff, a complete income and expense statement and to require the scheduling of a hearing to determine Defendant's entitlement to alimony, and if so, the amount. COUNT FOUR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 8. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 7 inclusive of Plaintiffs Complaint, as fully as though set out at large herein. 9. The Plaintiff has refused to enter into any reasonable and fair Property and Separation Agreement, and Defendant will incur substantial legal fees in that regard. 10. Furthermore, the resolution of the issues raised by this Counterclaim will require Defendant to incur considerable additional expenses and costs. 11. The Defendant is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. 12. The Plaintiff is presently employed with Mid-Cumberland Val!oy Regional Police Department, and his exact net take-home pay is unknown to Defendant. 13.The Defendant is presently employed with Green Ridge Village, of Newville, Pennsylvania and has a net bi-weekly take-home pay of an average of $600.00. However Defendant's income varies. 11.15.99/M B W /852703.1 WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Defendant respectfully requests your Honorable Court to Order Plaintiff to file within thirty days of service of this Counterclaim upon Plaintiff, a complete income and expense statement, and to require the scheduling of a hearing to determine Defendant's entitlement to alimony pendente lite, counsel fees and expenses, and if so, the amount. 11.15.99/M B W /852703.1 WALKER, VAN HORN & MACBRIDE, a division of Barley, Snyder, Senft & Cohen, LLC Walker, Esquire for Attorney for Defendant I verify that the statements made in this Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities. 11- l ?%? /,l (1 p 140 LuAnne R. VanScyoc, Defendant u O 00 ??q \7 u ? N S? L? m U O ? rWALKEPU& MACBRIDE OFFICE BARLEY, SNYDER, SENFT SL COHEN, LLC 247 LINCOLN WAY EAST, CHAMBERSBURC, PENNSYLVANIA 17201 IN THE COURT OF COMMON-PLEAS OF" CUMBERLAND COUNTY, PENNSYLVANIA Robert M. VanScyoc, 1 Civil Action - Law Plaintiff, ) 1 vs. 1 No. 99-5231 - Civil Term 1 Luanne Renee VanScyoc, 1 Defendant, ) In Divorce a v.m. NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Defendant in the above-captioned matter, hav'ng been granted a Final Decree in divorce from the bonds of matrimony on the day of BTU /U 2000 hereby elects to retake and hereafter -A I/ Vk use her previous name' of LUANNE R. HAZZARD and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P. L. 192 as amended. Luanne R. VanScyoc To be known as: Luanne R. Hazzard ?- COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF FRANKLIN 1 On the l?yt day of (L 2000, before me, a Notary Public, personally appeared LUANNE R. VA SCYOC, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notarial seal Stacey A. Shenk, Notaryry Public / FtMAYCmIernission rsbur0 Boro, FranMIn Count' l / C( iExpires Jan. 12, 2004 otary Public MerNx/, Y[nrtS1MONLr..cpGiatPJnoi i:C4,n09 6.21.00;M13W!90 ;871.1 -'