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HomeMy WebLinkAbout07-7217r t i IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY MELANIE SNYDER, IN DIVORCE Plaintiff V. NO. '7 - 0117 Oiv; Tern DUANE SNYDER, Defendant 1. COMPLAINT UNDER DIVORCE 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Melanie Snyder, by and through her attorney, David R. Yoder, Esquire and represents the following: Plaintiff is Melanie Snyder, who currently resides at 170 Faith Circle, North Middleton Township, Carlisle, Cumberland County, Pennsylvania since November 1, 2007. 2. Defendant is Hunter Heckman, who currently resides at 301 North Middleton Road, North Middleton Township, Carlisle, Cumberland County, Pennsylvania since 1996. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 24, 1996 at Carlisle in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter a decree of divorce, and/or enter such other Orders as the Court deems just. II. EQUITABLE DISTRIBUTION 7. Paragraphs 1 through 6 are hereby incorporated by reference as if fully set forth. 8. During the marriage the parties gained assets as husband and wife such that there is marital property as defined in Title 23 of the Pennsylvania Consolidated Statutes. 9. The parties also incurred marital debt. 10. Both these categories require equitable distribution as part of the dissolution of the marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably distribute these, and/or enter such other orders as the Court deems just. Respectfully submitted, David R. Yoder Pa. Att'v I.D. # 6281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ( bAwd ?? -ffljav? Melanie Snyder, laintiff C`J rv W Z1 ^C IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. F.R. 0 - 0117 Civi I Tenh Duane Snyder Defendant IN DIVORCE/ CUSTODY DIVORCE- ADDITIONAL COUNT- CUSTODY 1. The plaintiff is Melanie Snyder, residing at 170 Faith Circle, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Duane Snyder, residing at 301 North Middleton Road, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks confirmation of a Stipulation regarding custody of the following child(ren): Name Present Residence Date of Birth & Age Cooper Lee Snyder 301 North Middleton Road, Carlisle, Pa 2/16/99 (age 8 years) Grace Elizabeth Snyder same 1/23/02 (age 5 years) The children were NOT born out of wedlock. The children are presently in the custody of BOTH PARENTS JOINTLY, residing at 301 North Middleton Road, Carlisle, PA 17013 During the past five years, the children have resided with the following persons and at the following address: (List all Persons) (List All Addresses) (Dates) Duane Snyder 301 North Middleton Road, birth to present Melanie Snyder Carlisle, PA 17013 (sibling) The mother of the child is Melanie Snyder, currently residing at the address listed above. She is married. The father of the child is Duane Snyder, currently residing at the address listed above. He is married. 4. The relationship of the plaintiff to the child is that of Mother. 5. The relationship of the defendant to the child is that of Father. 6. Plaintiff has not participated as a party as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is. NONE. Plaintiff (has) (has no) information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is (not applicable) Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or vitiation rights with respect to the child. The name and address of such person is: (not applicable) 7. The best interest and permanent welfare of the children will be served by granting the relief requested because there is a Stipulation reached between the parties that is meant to guarantee that best interest and permanent welfare. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim (none except parties named herein) Wherefore, plaintiff requests the court to confirm the Stipulation filed hereafter. aRetftilly submitted, David . Yoder, Counsel for the Plaint Pa. Attorney I.D. 976281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ? f Date: f ? ?al ?L'? ? W-Me I a jni e Snyder %jo J> T- ( r.? j • ' IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY MELANIE SNYDER, Plaintiff V. NO. - cVj e'-wit T?e.rM DUANE SNYDER, Defendant STIPULATION FOR CUSTODY ORDER AND NOW, comes Melanie Snyder and Duane Snyder and respectfully represent that: 1. They are the parents of Cooper Lee Snyder, date of birth February 16, 1999, and Grace Elizabeth Snyder, date of birth January 23, 2002. 2. The parties have separated and are currently seeking a divorce. 3. The parties have reached agreement on all issues related to the dissolution of their marriage, and all other provisions relating to those issues are contained within a separate post marital agreement. This stipulation is not intended to form any part of the post marital agreement and to be neither incorporated nor merged into any divorce decree involving the parties. 4. The proposed order below reflects both the agreement of the parties and their recent practice, and both parties believe that the proposed order is in the best interests of the children. 5. Both parties are aware of their right to counsel, their right to seek formal adjudication pursuant to title 23, Pennsylvania Consolidated Statutes, and the right to conciliation under the Local Rules of Court. 6. Melanie Snyder is represented by David R. Yoder, Esquire, and Duane Snyder waives his right to counsel, as is more fully contained within his verification which is attached hereto. 7. The parties therefore agree to formalize the custody situation and request that the Court enter the following Order: "ORDER OF COURT AND NOW, this day of , 2007 upon consideration of the within Stipulation, the following is hereby Ordered regarding the custody of Cooper Lee Snyder, date of birth February 16, 1999, and Grace Elizabeth Snyder, date of birth January 23, 2002; Melanie Snyder, Mother, and Duane Snyder, Father, respectively, shall share legal custody of both children. The parties shall share physical custody equally, in a manner they have determined outside the Court, and which they agree shall be variable by mutual, oral agreement except as contained in this Order. Neither party shall move to a residence while under this custody order which would make it impossible for the children to continue within the Carlisle Area School District, or move outside of the state without an agreement in writing, signed by both parties, and confirmed by Order of Court. By the Court, J." 8. 8. Pursuant to agreement, for all tax purposes, Melanie Snyder shall claim Grace as her dependent, and Father shall claim Cooper. Respectfully submitted, r David R. Yoder Attorney for Melanie Snyder Pa. Att'y I.D. # 76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 VERIFICATION I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. This Stipulation is a true agreement of the parties. Date: 1 v? ~ Melanie Snyder VERIFICATION OF AGREEMENT AND WAIVER OF COUNSEL I, Duane Snyder, do verify that I am the father of Cooper and Grace Snyder, that the Stipulation to which this document is attached is a true and correct recitation of my agreement with Melanie Snyder, that I am aware of my right to counsel, my right to formal adjudication Title 23 of Pennsylvania Consolidated Statutes, and my right to conciliation under Cumberland County Local Rules of Court and that I hereby waive all such rights. I further verify that the Stipulation represents our agreement, recent practice, and the best interests of both Cooper and Grace. I make all of the foregoing pursuant to the penalties provide in 18 Pa.C.S. §4904 related to unsworn falsification to authorities. Date: l ?? D7 DEC 0 5 2007a? IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY MELANIE SNYDER, Plaintiff V. DUANE SNYDER, Defendant NO. 61 -72/7 C, Y., 7;-w,. ORDER OF COURT AND NOW, this a - day of , 2007 upon consideration of the within Stipulation, the following is hereby Ordered regarding the custody of Cooper Lee Snyder, date of birth February 16, 1999, and Grace Elizabeth Snyder, date of birth January 23, 2002; Melanie Snyder, Mother, and Duane Snyder, Father, respectively, shall share legal custody of both children. The parties shall share physical custody equally, in a manner they have determined outside the Court, and which they agree shall be variable by mutual, oral agreement except as contained in this Order. Neither party shall move to a residence while under this custody order which would make it impossible for the children to continue within the Carlisle Area School District, or move outside of the state without an agreement in writing, signed by both parties, and confirmed by Order of Court. By the Court, 1 4- 1.4 J. Vli? "E E CSR l i"* 90 • I i PV L- 030 LODZ '.-IiHi JO 14 I Post- Marital Agreement 2 3 1. Parties. The parties to this Agreement are Melanie Snyder ("Wife"), private address, North 4 Middleton Township, Carlisle, Cumberland County, Pennsylvania, and Duane Snyder 5 ("Husband"), 301 North Middleton Road, North Middleton Township, Carlisle, 6 Cumberland County, Pennsylvania. 7 2. Preamble. The parties having determined that their marriage is irretrievably broken, and 8 that it should be legally ended, and the parties therefore desiring to make a comprehensive 9 settlement of all economic claims under the laws of the Commonwealth of Pennsylvania, 10 hereby make the following Agreement as the full memorandum of such settlement. 11 3. Advice of Counsel. Both parties are aware of his or her right to counsel: Melanie Snyder 12 has retained David R. Yoder to represent her, and Duane Snyder has waived his right to 13 counsel, after full disclosure and explanation of that right. 14 4. Husband's Counsel to Draft Documents. The parties agree that all documents necessary to 15 effectuate this Agreement shall be drafted by Michael's counsel, David R. Yoder. 16 5. Disclosure. Each party agrees that he or she has made full disclosure to the other party of 17 all aspects of his or her economic situation. 18 6. Further Hearing Waived. As agreed by the parties, both parties expressly waive formal 19 hearing on equitable distribution or divorce, excepting only hearings necessary to enforce 20 this Agreement. 21 7. Personal Rights. The parties shall at all times hereafter live separately and apart, and shall 22 be free from any control, restraint, interference or authority direct or indirect, by the other 23 in all respects as if each were unmarried. They may reside at such place or places as they 24 may select. Each may, for his separate use or benefit, conduct, carry on and engage in any 25 business, occupation, profession or employment, which to him or her may seem advisable. 26 Each party agrees may not molest, harass, disturb, or malign the other or the respective 27 families of the other party, nor compel or attempt to compel to cohabit or dwell by any 28 means whatsoever with that party. } 1 8. Date of Execution. The Date of Execution of this Agreement shall be the latest date on 2 which either of the parties signs the original of this Agreement. 3 9. Date of Separation. For purposes of this Agreement and for the purpose of any divorce 4 proceeding concerning the parties, the Date of Separation shall be November 1, 2007. 5 10. Inte rag tion. This Agreement constitutes the entire understanding of the parties, and there 6 are no further agreements, understandings, promises, or undertakings except as contained 7 herein. This Agreement supersedes all other agreements, of whatever form, prior to and 8 including this date. 9 11. Incorporation. This Agreement shall be incorporated but not merged into any Decree of 10 Divorce entered by order of the Court of Common Pleas of the Ninth Judicial District of 11 Pennsylvania (Cumberland County). 12 12. Existin Obligations Not Listed Herein. Each party represents that they have not 13 previously incurred or contracted for any debt liability or obligation which the other party 14 or the other party's estate may be liable except as may be provided for in this Agreement. 15 Each party agrees to indemnify or hold the other party harmless against any or all such 16 debts, liabilities or obligations, of the kind which may have been incurred by them, 17 including those for necessities, except for those obligations memorialized in this 18 Agreement. 19 13. Future Obligations. The parties agree that each will now and at all times in the future hold 20 harmless, and keep the other indemnified from all debts, charges and liabilities incurred by 21 him or her after the Date of Execution of this Agreement, except for such liabilities as may 22 be contained herein. 23 14. Personal Property. All personal property shall be amicably divided by the parties. Wife 24 shall have the right to re-enter the residence within twelve (12) months from the Date of 25 Execution to obtain her personal property and clothing, any furniture she desires, any 26 cooking or household cleaning implements, and any other personal property, of whatever 27 value, with the following exceptions: no antique tools, no power tools, no farming 28 implements, and no firearms, unless Husband specifically agrees. -2- 1 15. Motor Vehicles. The parties shall retain such motor vehicles as they have in their 2 possession. Nothing in this paragraph shall be construed to limit either party's ability to 3 purchase other vehicles, or to sell the vehicles named herein, except that no new 4 indebtedness beyond that already incurred on the Date of Separation shall bind the other 5 party in the case of such sale or purchase. 6 16. Real Property. The parties agree that the only real property subject to equitable distribution 7 is the former marital residence, located at 301 North Middleton Road, Carlisle (North 8 Middleton Twp.), Cumberland County, Pennsylvania. The parties further agree that 9 Husband shall retain the Real Property, shall refinance with six (6) months of the Date of 10 Execution, with additional extension possible with written agreement of Wife. 11 Husband shall give to Wife one-half (1/2) of the equity of the residence property in cash 12 or negotiable instrument in United States funds. The equity in the marital residence 13 property shall be calculated as follows: The institution performing the refinancing shall 14 obtain an appraisal of the property, including all land, structures, fixtures, and the like, and 15 the figure arrived at on that appraisal shall be divided in two. Wife shall have the right to 16 confirm the appraisal figure of the marital residence property. Husband shall then give the 17 one-half as described above. 18 17. Wife's Re-entry in Marital Residence Authorized. In addition to the provisions of 19 paragraph 14, above, Wife shall have independent authorization from Husband to re-enter 20 the marital residence, identified above in paragraph 16, at any time to exercise her rights to 21 custody without prior notice. Husband shall not abrogate this right without written notice 22 given in person at least sixty (60) in advance of the abrogation. 23 18. Retirement Benefits. The parties agree that each shall retain his or her own retirement 24 benefits. 25 19. Marital Debts to be paid on Shared Basis. The parties agree that they shall share all marital 26 debts incurred prior to the Date of Separation according to a formula they have privately 27 agreed. 28 20. Bankruptcy. The parties expressly waive any and all protections provided by the United 29 States Bankruptcy Code, as well as any insolvency protections provided by other law, that 30 would nullify any portion of this Agreement, to the extent permitted by law. -3- 1 21. Mutual Release. Both parties hereby do execute a release in favor of each other for any and 2 all acts committed on or before the Date of Separation as contained in this Agreement 3 which may have formed a cause of action prosecutable by the other party in any court or 4 tribunal. 5 22. Agreement to perform Ministerial Acts. The parties hereby agree that they shall each 6 perform such acts as are necessary to implement this Agreement, e.g. to sign all legal 7 documents for the divorce, to supply information to creditors, to execute deeds, titles to 8 vehicles, and the like. The foregoing list is not intended to be exhaustive, merely 9 illustrative. The parties further agree that Affidavits of Consent and Waivers of Notice to 10 effectuate the divorce shall be executed no later than ten (10) days following the expiration 11 of the ninety (90) day period following the service of a divorce complaint upon either party. 12 23. Tax Consequences. By this Agreement, the parties have equitably divided the marital 13 estate without commingling separate property or funds therewith, and such division is not 14 intended to be a taxable sale of assets, or a taxable exchange thereof, except as may be 15 expressly provided by other provisions of this Agreement. 16 24. Waiver of Support and Alimony. Both parties agree that neither desires spousal support 17 from the other, or alimony, and each agrees that the payments made hereunder, whether 18 periodic or lump sum, represent only the distribution of marital property. 19 25. Waiver of Child Support by Order. The parties expressly acknowledge that the children are 20 entitled by law to support from both parents. The parties agree that all such support shall be 21 shared by them by agreement separate from this Agreement, and each waives, to the extent 22 permitted by law, the right to have a Court or other authority determine each party's 23 obligation. 24 26. Reconciliation. Reconciliation shall not serve as a legal abrogation or nullification of this 25 Agreement. 26 27. Modification. This Agreement shall not be modified except as provided herein, or by a 27 separate writing executed with the same formality as this Agreement. 28 28. Enforceability. This Agreement may be enforced by appropriate suit brought by the 29 aggrieved party in the appropriate division of the Court of Common Pleas of the 9`? Judicial -4- w 1 District of the Commonwealth of Pennsylvania. Each party expressly waives any objection 2 to personal jurisdiction, venue, or forum non conveniens from the bringing of such suit. 3 The aggrieved party shall receive, in addition to any other remedy provided by law, 4 reasonable attorneys fees, court costs, and all other expenses associated with such suit. 5 29. Copies Same Effect as Original. Any true copy of this Agreement may be enforced under 6 the same authority as an original. 7 30. Pennsylvania Law to Govern. This Agreement, wherever enforced, shall be interpreted 8 according to the laws of the Commonwealth of Pennsylvania as then existing. 9 31. Severability. Should any section, paragraph, subsection, or other portion of this Agreement 10 be found by any court or tribunal to be illegal, unconscionable, or otherwise unenforceable, 11 this Agreement shall be read as if that portion were never a part hereof. 12 32. No Waiver of Default. Any default under this Agreement shall not serve as a waiver of any 13 further default of the same or any other provision, nor shall the failure of either party to 14 insist upon a strict performance of a provision of this Agreement operate as a waiver of any 15 further default of the same or any other provision. 16 33. Effect of Decree. The parties agree that this Agreement shall remain in full force and effect 17 following the entry of any Decree of Divorce, and shall be incorporated into, but not 18 merged with or into, any such Decree. 19 34. Headings and Numbers. The headings and numbers in this Agreement are for ease of 20 reference only and shall have no effect in the interpretation or enforcement of it. 21 35. End of Provisions. There are no further provisions in this Agreement. Signatures follow on 22 the next page. 23 - 5 - I WHEREFORE, intending the foregoing to be our legal undertaking, we do set our hands and 2 seals on the dates indicated: 3 Witness: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I hereby execute the above Agreement, understanding that all statements of fact made herein are true and correct according to my personal knowledge, information and/ or belief, and that such statements are made subject to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsifi ations to authorities. '( 1 0 l U t? eal) Date Melanie Snyder Witness: I hereby execute the above Agreement, understanding that all statements of fact made herein are true and correct according to my personal knowledge, information and/ or belief, and that o unsworn such statements are made subject to the provisions of 18 Pa. C.S. §490471? 1g t falsifications to authorities. ? 07 (,LJ,#AZ Ige (seal) Date Duane Snyder -6- c- cJ IN THE COURT OF C0\1\ 10\ PLEAS OF THE NINTH JUDICIAL DISTRICT OF PE's \ S l'[ _ V. \NIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. F.R. 07-7217 Duane Snyder, Defendant IN DIVORCE Petition to Enforce Post-Marital Agreement AND NOW comes Plaintiff Vlelanic Snyder, by and through her attorney David R. Yoder, and respectfully represents that: 1. The parties entered into a Post-Marit?iI : \greement filed of record in the above-captioned case, a copy of which is attached beret a> I:;:l ibit "A". In that Agreement, the parties Ligrc?2d to divide their personal and real property according to certain methods, detailed in pan<<graphs 14 and 16 of the Agreement. 3. Plaintiff Melanie Snyder no?v \% i shy s to enforce each of these provisions. 1. Real Property. 4. Paragraphs 1 through 3 are hereh?- incorporated as if fully set forth. 5. The property was to valued hN a b,,irk or other financial institution prior to a refinancing according to paragraph 16 of thr :1,rceiiient. 6. Defendant was to retain the pi- ?pcrt.. :.uid give 1/2 of the equity in cash to Melanie. 7. Defendant now wishes to bet a ioan. but does not wish to have an appraisal done at his expense. 8. Melanie believes, and therelork :i\ c rs. that since the appraisal would part of the cost of refinancing, the cost of the appraisal would be borne by Defendant. WHEREFORE, Melanie tiny .! :-_ ?: Iully requests this Honorable Court to enter an Order directing Defendant to obtain an api;raL,al at his expense from a reputable appraiser, as contemplated by the Agreement. and, or grant such other relief as the Court deems just. 11. Personal Property. 9. Paragraphs 1 through 8 are iorporated as if fully set forth. 10. The Agreement provided in p.ircigr ip11 14 that Melanie ("Wife") had the right to re-enter the residence within 12 months to rake k\ iiatever she wanted from the residence with only the following exceptions: no antique I0n0ls..io power tools, no farming implements, and no firearms, without Defendant's specific .1' r_-c-I.,llt. ll. Melanie recently re-entered for Ileac I)urpose, but she was stymied in her efforts because Defendant refused to allow her , hring Iler own help, refused to allow her to take items she clearly wished to take, and ar(ued ahout each of those she did. 12. There are other items in particular .Si)e ishes to retrieve to satisfy her rights under the Agreement, and therefore wishes an opportunity to exercize her right of choice under paragraph 14 on a day convenient to her. \\ itn nch assistance as she chooses to have present, without interference from the Defenck mi. WHEREFORE, Melanie Sny(L,r s this Honorable Court to enter an Order granting her the right to an an opportunity to i; hcr right of choice under paragraph 14 on a day convenient to her, with such assistance as ,iic cnoo,?es to have present, without interference from the Defendant, and/or granting her such oil,,2r relief as the Court deems just. ctfully submitted, V David R. Yoder, Counsel for the Plainti Pa. Attorney I.D. #76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4004. relating to unsworn falsification to authorities. Date: `1 Melanie Snyder '0 7 --IzI -7 1 Post- Marital Agreement 3 1. Parties. The parties to this Agreement are Melanie Snyder ("Wife"), private address, North 4 Middleton Township, Carlisle, Cumberland County, Pennsylvania, and Duane Snyder 5 ("Husband"), 301 North Middleton Road, North Middleton Township, Carlisle, 6 Cumberland County, Pennsylvania. 7 2. Preamble. The parties having determined that their marriage is irretrievably broken, and 8 that it should be legally ended, and the parties therefore desiring to make a comprehensive 9 settlement of all economic claims under the laws of the Commonwealth of Pennsylvania, 10 hereby make the following Agreement as the full memorandum of such settlement. 11 3. Advice of Counsel. Both parties are aware of his or her right to counsel: Melanie Snyder 12 has retained David R. Yoder to represent her, and Duane Snyder has waived his right to 13 counsel, after full disclosure and explanation of that right. 14 4. Husband's Counsel to Draft Documents. The parties agree that all documents necessary to 15 effectuate this Agreement shall be drafted by Michael's counsel, David R. Yoder. 16 5. Disclosure. Each party agrees that he or she has made full disclosure to the other party of 17 all aspects of his or her economic situation. 18 6. Further Hearing Waived. As agreed by the parties, both parties expressly waive formal 19 hearing on equitable distribution or divorce, excepting only hearings necessary to enforce 20 this Agreement. 21 7. Personal Rights, The parties shall at all times hereafter live separately and apart, and shall 22 be free from any control, restraint, interference or authority direct or indirect, by the other 23 in all respects as if each were unmarried. They may reside at such place or places as they 24 may select. Each may, for his separate use or benefit, conduct, carry on and engage in any 25 business, occupation, profession or employment, which to him or her may seem advisable. 26 Each party agrees may not molest, harass, disturb, or malign the other or the respective 27 families of the other party, nor compel or attempt to compel to cohabit or dwell by any 28 means whatsoever with that'party: Au 4 _ L 1 8. Date of Execution. The Date of Execution of this Agreement shall be the latest date on 2 which either of the parties signs the original of this Agreement. 3 9. Date of Separation. For purposes of this Agreement and for the purpose of any divorce 4 proceeding concerning the parties, the Date of Separation shall be November 1, 2007. 5 10. Inte air tion. This Agreement constitutes the entire understanding of the parties, and there 6 are no further agreements, understandings, promises, or undertakings except as contained 7 herein. This Agreement supersedes all other agreements, of whatever form, prior to and 8 including this date. 9 11. Incorporation. This Agreement shall be incorporated but not merged into any Decree of 10 Divorce entered by order of the Court of Common Pleas of the Ninth Judicial District of 11 Pennsylvania (Cumberland County). 12 12. Existing Obligations Not Listed Herein. Each party represents that they have not 13 previously incurred or contracted for any debt liability or obligation which the other party 14 or the other party's estate may be liable except as may be provided for in this Agreement. 15 Each party agrees to indemnify or hold the other party harmless against any or all such 16 debts, liabilities or obligations, of the kind which may have been incurred by them, 17 including those for necessities, except for those obligations memorialized in this 18 Agreement. 19 13. Future Obligations. Obli atm. The parties agree that each will now and at all times in the future hold 20 harmless, and keep the other indemnified from all debts, charges and liabilities incurred by 21 him or her after the Date of Execution of this Agreement, except for such liabilities as may 22 be contained herein. 23 14. Personal Property. All personal property shall be amicably divided by the parties. Wife 24 shall have the right to re-enter the residence within twelve (12) months from the Date of 25 Execution to obtain her personal property and clothing, any furniture she desires, any 26 cooking or household cleaning implements, and any other personal property, of whatever 27 value, with the following exceptions: no antique tools, no power tools, no farming 28 implements, and no firearms, unless Husband specifically agrees. 1 15. Motor Vehicles. The parties shall retain such motor vehicles as they have in their 2 possession. Nothing in this paragraph shall be construed to limit either party's ability to 3 purchase other vehicles, or to sell the vehicles named herein, except that no new 4 indebtedness beyond that already incurred on the Date of Separation shall bind the other 5 party in the case of such sale or purchase. 6 16. Real Property. The parties agree that the only real property subject to equitable distribution 7 is the former marital residence, located at 301 North Middleton Road, Carlisle (North 8 Middleton Twp.), Cumberland County, Pennsylvania. The parties further agree that 9 Husband shall retain the Real Property, shall refinance with six (6) months of the Date of 10 Execution, with additional extension possible with written agreement of Wife. 11 Husband shall give to Wife one-half (1/2) of the equity of the residence property in cash 12 or negotiable instrument in United States funds. The equity in the marital residence 13 property shall be calculated as follows: The institution performing the refinancing shall 14 obtain an appraisal of the property, including all land, structures, fixtures, and the like, and 15 the figure arrived at on that appraisal shall be divided in two. Wife shall have the right to 16 confirm the appraisal figure of the marital residence property. Husband shall then give the 17 one-half as described above. 18 17. Wife's Re-entry in Marital Residence Authorized. In addition to the provisions of 19 paragraph 14, above, Wife shall have independent authorization from Husband to re-enter 20 the marital residence, identified above in paragraph 16, at any time to exercise her rights to 21 custody without prior notice. Husband shall not abrogate this right without written notice 22 given in person at least sixty (60) in advance of the abrogation. 23 18. Retirement Benefits. The parties agree that each shall retain his or her own retirement 24 benefits. 25 19. Marital Debts to be paid on Shared Basis. The parties agree that they shall share all marital 26 debts incurred prior to the Date of Separation according to a formula they have privately 27 agreed. 28 20. Bankruptcy. The parties expressly waive any and all protections provided by the United 29 States Bankruptcy Code, as well as any insolvency protections provided by other law, that 30 would nullify any portion of this Agreement, to the extent permitted by law. - 3 - 1 21. Mutual Release. Both parties hereby do execute a release in favor of each other for any and 2 all acts committed on or before the Date of Separation as contained in this Agreement 3 which may have formed a cause of action prosecutable by the other party in any court or 4 tribunal. 5 22. Agreement to perform Ministerial Acts. The parties hereby agree that they shall each 6 perform such acts as are necessary to implement this Agreement, e.g. to sign all legal 7 documents for the divorce, to supply information to creditors, to execute deeds, titles to 8 vehicles, and the like. The foregoing list is not intended to be exhaustive, merely 9 illustrative. The parties further agree that Affidavits of Consent and Waivers of Notice to 10 effectuate the divorce shall be executed no later than ten (10) days following the expiration I 1 of the ninety (90) day period following the service of a divorce complaint upon either party. 12 23. Tax Consequences. By this Agreement, the parties have equitably divided the marital 13 estate without commingling separate property or funds therewith, and such division is not 14 intended to be a taxable sale of assets, or a taxable exchange thereof, except as may be 15 expressly provided by other provisions of this Agreement. 16 24. Waiver of Support and Alimony. Both parties agree that neither desires spousal support 17 from the other, or alimony, and each agrees that the payments made hereunder, whether 18 periodic or lump sum, represent only the distribution of marital property. 19 25. Waiver of Child Support by Order. The parties expressly acknowledge that the children are 20 entitled by law to support from both parents. The parties agree that all such support shall be 21 shared by them by agreement separate from this Agreement, and each waives, to the extent 22 permitted by law, the right to have a Court or other authority determine each party's 23 obligation. 24 26. Reconciliation. Reconciliation shall not serve as a legal abrogation or nullification of this 25 Agreement. 26 27. Modification. This Agreement shall not be modified except as provided herein, or by a 27 separate writing executed with the same formality as this Agreement. 28 28. Enforceability. This Agreement may be enforced by appropriate suit brought by the 29 aggrieved party in the appropriate division of the Court of Common Pleas of the 9'h Judicial -' I District of the Commonwealth of Pennsylvania. Each party expressly waives any objection 2 to personal jurisdiction, venue, or forum non conveniens from the bringing of such suit. 3 The aggrieved party shall receive, in addition to any other remedy provided by law, 4 reasonable attorneys fees, court costs, and all other expenses associated with such suit. 5 29. Copies Same Effect as Original. Any true copy of this Agreement may be enforced under 6 the same authority as an original. 7 30. Pennsylvania Law to Govern. This Agreement, wherever enforced, shall be interpreted 8 according to the laws of the Commonwealth of Pennsylvania as then existing. 9 31. Severability. Should any section, paragraph, subsection, or other portion of this Agreement 10 be found by any court or tribunal to be illegal, unconscionable, or otherwise unenforceable, 11 this Agreement shall be read as if that portion were never a part hereof. 12 32. No Waiver of Default. Any default under this Agreement shall not serve as a waiver of any 13 further default of the same or any other provision, nor shall the failure of either party to 14 insist upon a strict performance of a provision of this Agreement operate as a waiver of any ( 15 further default of the same or any other provision. 16 33. Effect of Decree. The parties agree that this Agreement shall remain in full force and effect 17 following the entry of any Decree of Divorce, and shall be incorporated into, but not 18 merged with or into, any such Decree. 19 34. Headings and Numbers. The headings and numbers in this Agreement are for ease of 20 reference only and shall have no effect in the interpretation or enforcement of it. 21 35. End of Provisions. There are no further provisions in this Agreement. Signatures follow on 22 the next page. 23 a WHEREFORE, intending the foregoing to be our legal undertaking, we do set our hands and 2 seals on the dates indicated: 3 Witness: 4 I hereby execute the above Agreement, understanding that all statements of fact made herein 5 are true and correct according to my personal knowledge, information and/ or belief, and that 6 such statements are made subject to the provisions of 18 Pa. C.S. §4904, relating to unsworn 7 falsifications to authorities. 8 i btA 9 IANseal) 10 Date Melanie Snyder 12 13 Witness: 14 15 I hereby execute the above Agreement, understanding that all statements of fact made herein 16 are true and correct according to my personal knowledge, information and/ or belief, and that 17 such statements are made subject to the provisions of 18 Pa. C.S. §4904, rgla g to unsworn 18 falsifications to authorities. % 19 20 (seal) 21 Date Duane Snyder 22 23 t'y CO ?j N --C IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. F.R. 07-7217 Duane Snyder Defendant CUSTODY Petition to Modify Custody 1. The plaintiff is Melanie Snyder (Mother), residing at 1010 Crane's Gap Road, North Middleton Township, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Duane Snyder (Father), residing at 301 North Middleton Road, North Middleton Township, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff seeks defined Shared Custody of the following child(ren): Name Present Residence Age Cooper Lee Snyder 301 North Middleton Road, Carlisle, Pa 2/16/99 (age 9 years) Grace Elizabeth Snyder [same] 1/23/02 (age 6 years) The children were not born out of wedlock. The children are presently in the custody of both parents, who reside at the addresses listed. During the past five years, the children have resided with the following persons and at the following address: (List all Persons) (List All Addresses) (Dates) Melanie & Duane Snyder 301 North Middleton Road Birth to Carlisle, PA 17013 October 31, 2007 Duane Snyder (same) October 31, 2007 to Present (week-nights) The mother of the children is Plaintiff Melanie Snyder, currently residing at 1010 Crane's Gap Road, North Middleton Township, Carlisle, Cumberland, Pennsylvania. She is divorcing Father. The father of the children is Duane Snyder, currently residing at 301 North Middleton Road, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. He is divorcing Melanie. 4. The relationship of the plaintiff to the children is that of biological and legal mother. The plaintiff currently resides with the following persons: Name Weston L. Green, Jr Cooper L. Snyder Grace E. Snyder Relationship Boyfriend Minor son Minor daughter 5. The relationship of the defendant to the child is that of biological and legal father. The defendant resides with the following persons: Name Cooper L. Snyder Grace E. Snyder Relationship Minor son Minor daughter 6. Plaintiff has (has no ) participated as a party as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is. The same docket number is the same; a stipulation (attached) was filed as an additional count to the parties' divorce action. Plaintiff (has) (has no) information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is Plaintiff (knows) (does not know) of a person not a party to the proceedings who has physical custody of the child or claims to have custody or vitiation rights with respect to the child. The name and address of such person is: 7. The best interest and permanent welfare of the child will be served by granting the relief requested because a) Although Father and Melanie are both genuinely interested in the welfare of the children, Father is increasingly unwilling to work with Melanie, asserting that he has final say over when, where, how, and with whom the children will have contact with Melanie. b) The original Stipulation created a shared custody arrangement where Melanie was free to enter the former marital residence to care for the children. c) This was to permit the children to have liberal contact with both parents, but minimize disruption to their routine. d) Father now wishes to control her access to the residence, and does not wish the children to regularly sleep away from it. e) Melanie has a stable relationship that Father dislikes. f) Melanie now resides in a different location, which Father also dislikes. g) Melanie desires to have Mr. Green pick the children up from the bus stop or school when she is unable to be there due to work or medical appointments; Father has told children not to go with Mr. Green or anyone else except Melanie; h) In addition, he does not contribute anything toward the costs of childcare, saying that Melanie is solely responsible for the situation requiring it; i) Father also objects to Melanie exposing the children to new experiences such as religious services in different traditions; j) Despit the original agreement and stipulation providing for shared, joint physical custody, Father appears to believe that Melanie must get his "permission" for any activity involving the children, and becomes argumentative if she does not; k) Thus the original conditions prevailing when the Custody Stipulation was signed no longer apply, and a more defined custody arrangement is in the best interests of the children. 1) Nevetheless, Melanie believes and therefore avers that once an order is entered defining the shared custody more clearly, and granting each party equal time clearly, Melanie and Father will be able to deal with one another in an adult fashion. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim Wherefore, plaintiff requests the court to grant Shared Joint Physical Custody on a week to week basis of the children. Respectfully submitted, David R. Yoder, Counsel for the Plai tiff Pa. Attorney I.D. #76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ALda - Melanie Snyder nFf, 0 5 2007 I V4 IN THE COURT OF COMMON PLEAS OF THE 9 r" JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY MELANIE SNYDER, Plaintiff V. DUANE SNYDER, Defendant NO. Q7- ?0 7 C,„?,-1 T -v- ORDER OF COURT AND NOW, this 7-'k-day of 007 upon consideration of the within Stipulation, the following is hereby Ordered regarding the custody of Cooper Lee Snyder, date of birth February 16, 1999, and Grace Elizabeth Snyder, date of birth January 23, 2002; Melanie Snyder, Mother, and Duane Snyder, Father, respectively, shall share legal custody of both children. The parties shall share physical custody equally, in a manner they have determined outside the Court, and which they agree shall be variable by mutual, oral agreement except as contained in this Order. Neither party shall move to a residence while under this custody order which would make it impossible for the children to continue within the Carlisle Area School District, or move outside of the state without an agreement in writing, signed by both parties, and confirmed by Order of Court. By the Court, ?% ? arw /? T?att• ?...? '..a S. y COY 4 ld ?4ti k? ^r ? ?4e eaf, 6 here 1 14(1 G ?? day Ot ?7 • IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY MELANIE SNYDER, n Plaintiff ?- © o 9 V. NO. 07 - ?V 7 G'„? ' f T7 DUANE SNYDER C , _i Defendant STIPULATION FOR CUSTODY ORDER } ?** AND NOW, comes Melanie Snyder and Duane Snyder and respectfully represent that: 1. They are the parents of Cooper Lee Snyder, date of birth February 16, 1999, and Grace Elizabeth Snyder, date of birth January 23, 2002. 2. • The parties have separated and are currently seeking a divorce. 3. The parties have reached agreement on all issues related to the dissolution of their marriage, and all other provisions relating to those issues are contained within a separate post marital agreement. This stipulation is not intended to form any part of the post marital agreement and to be neither incorporated nor merged into any divorce decree involving the parties. 4. The proposed order below reflects both the agreement of the parties and their recent practice, and both parties believe that the proposed order is in the best interests of the children. 0 Both parties are aware of their right to counsel, their right to seek formal adjudication pursuant to title 23, Pennsylvania Consolidated Statutes, and the right to conciliation under the Local Rules of Court. 6. Melanie Snyder is represented by David R. Yoder, Esquire, and Duane Snyder waives his right to counsel, as is more fully contained within his verification which is attached hereto. 7. The parties therefore agree to formalize the custody situation and request that the Court enter the following Order: "ORDER OF COURT is AND NOW, this day of , 2007 upon consideration of the within Stipulation, the following is hereby Ordered regarding the custody of Cooper Lee Snyder, date of birth February 16, 1999, and Grace Elizabeth Snyder, date of birth January 23, 2002; Melanie Snyder, Mother, and Duane Snyder, Father, respectively, shall share legal custody of both children. The parties shall share physical custody equally, in a manner they have determined outside the Court, and which they agree shall be variable by mutual, oral agreement except as contained in this Order. Neither party shall move to a residence while under this custody order which would make it impossible for the children to continue within the Carlisle Area School District, or move outside of the state without an agreement in writing, signed by both parties, and confirmed by Order of Court. By the Court, J." 8. 40 r g Pursuant to agreement, for all tax purposes, Melanie Snyder shall claim Grace as her dependent, and Father shall claim Cooper. Respectfully submitted, j/ David R. Yoder( Attorney for Me ie Snyder Pa. Att'y I.D. # 76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 • 0 VERIFICATION i I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. This Stipulation is a true agreement of the parties. Date: A 1 1// V ? ^ Melanie Snyder • L' VERIFICATION OF AGREEMENT AND WAIVER OF COUNSEL I, Duane Snyder, do verify that I am the father of Cooper and Grace Snyder, that the Stipulation to which this document is attached is a true and correct recitation of my agreement with Melanie Snyder. that I am aware of my right to counsel, my right to formal adjudication Title 23 of Pennsylvania Consolidated Statutes, and my right to conciliation under Cumberland County Local Rules of Court and that I hereby waive all such rights. I further verify that the Stipulation represents our agreement, recent practice, and the best interests of both Cooper and Grace. I make all of the foregoing pursuant to the penalties provide in 18 Pa.C.S. §4904 related to unsworn falsification to authorities. Date: -LIZ 0 V` M Cs r --. - 1 r rn ? y l IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. F.R. 07-7217 Duane Snyder, Defendant IN DIVORCE/ CUSTODY Certificate of Service I, the undersigned individual, do hereby affirm that I served the Complaint in the above- captioned matter by hand delivery to: Duane Snyder 301 North Middleton Road Carlisle, Pennsylvania On the date indicated below by handing the same to him at that location. ?LC21.M`j?/ I J 94 007 _? ae??_ . Date DavrR der "rt r?. czi r?- ?V ? `,') '+?.? IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. F.R. 07-7217 Duane Snyder, Defendant IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE I hereby certify that DEFENDANT is not in the military service of the United States of America or elsewhere. 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. § 4904 relating to unsworn falsification to authorities. Date: ?C Melanie Snyder, Plaintiff rr $ r` " ? ? ? i`t r tLi ?? ?T cD t.CJ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. F.R. 07-7217 Duane Snyder, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 9, 2007. 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 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. §4904 relating to unsworn falsification to authorities. Date: ,3 7 Melanie Snyder, Plai tiff t"? ,ti, r ?, `, i??,, ? ..U' r}t;: ?" ? ? ? '?'t ..._. '? ? C.,? --? r'., .. 7., ?- „? {". ?7 ?? IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, Plaintiff V. Duane Snyder, Defendant CIVIL ACTION-LAW F.R. 07-7217 IN DIVORCE 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 concerening alimony, division of property, lawyer's fees or expenses if 1 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. § 4904 relating to unsworn falsification to authorities. Date: ma Melanie Snyder, Plai iff ? d IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. F.R. 07-7217 Duane Snyder, Defendant IN DIVORCE/ CUSTODY Certificate of Service I, the undersigned individual, do hereby affirm that I served the Complaint in the above- captioned matter by hand delivery to: Duane Snyder 301 North Middleton Road Carlisle, Pennsylvania On the date indicated below by handing the same to him at that location. • .U? Date Melanie Snyder '"fib MELANIE SNYDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7217 CIVIL ACTION LAW DUANESNYDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Thursday, April 24, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /tea V I I -CIO P,8 K 8'#W HE D4t11 10~Mlij MAR 192006(y? IN THE COURT OF CONINION PLEAS OF THE NINTH JUDICIAL DISTRICT OF P E:N N S1' 1.V. NIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. Duane Snyder, Defendant F.R. 07-7217 IN DIVORCE O RDCR OF COURT AND NOW, this ?.L' cla\ c)f rn area 2008, upon consideration of the within Petition to Enforce. a RLl LE is h,?rebv issued upon Defendant Duane Snyder to SHOW CAUSE as to why the relief requested should not be granted. ?vw Said Rule shall be returnahlc in cf WENTY (20) DAYS from the-cam of this Order. By the Court: / J. VNI 00 ' 1 I wv 3Z OW BOOZ . ?O MELANIE SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW NO. 07-7217 DUANE SNYDER, IN DIVORCE Defendant THE HONORABLE KEVIN HESS SAMIS, FLOWER & LINDSAY A1'1011 YM-AMAW 26 West High Street Carlisle, PA DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO ENFORCE POST-MARITAL AGREEMENT AND NOW, comes Defendant, Duane Snyder, by and through his attorney, Marylou Matas, Esquire, and the law office of Saidis, Flower & Lindsay, and files this Answer to Plaintiff's Petition to Enforce Post-Marital Agreement, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. It is specifically denied that Defendant now wishes to get a loan, but does not wish to have an appraisal done at his expense. Specific proof thereof is demanded at trial. 8. This paragraph is a statement to which no response is required. To the extent a response is required, Defendant denies that the agreement provides for the appraisal to be part of the cost of refinancing. Specific proof thereof is demanded at trial. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's Petition to Enforce Post-Marital Agreement. 9. Admitted. 10. Admitted in part and denied in part. It is admitted that paragraph 14 of the agreement provides that Wife had the right to re-enter the residence within 12 months [from the date of execution]. It is denied that the agreement provides that Wife could take "whatever she wanted" with the only exceptions being no antique tools, no power tools, no farming implements, and no firearms. Specific proof thereof is demanded at trial. Specific proof thereof is demanded at trial 11. Admitted in part and denied in part. It is admitted that Plaintiff re-entered the residence for the purpose of removing that purpose referenced in paragraph 14 of the Marital Agreement. It is denied that Defendant stymied her efforts to remove her property, refused to allow her to bring her own help, refused to allow her to take items she clearly wished to take, and argued about each item she took. Specific proof thereof is demanded at trial. 12. This paragraph is a statement to which no response is required. To the extent a response is required, Defendant denies that the agreement provides for the Plaintiff to return to the residence to remove additional items beyond what she has removed during her one time re-entry. Specific proof thereof is demanded at trial. WHEREFORE, Defendant requests your Honorable Court dismiss Plaintiff's Petition to Enforce Marital Agreement. NEW MATTER 13. Paragraphs 1 through 12 are incorporated herein as if restated in full. SAIDIS, FLOWER & LINDSAY ATWRNM-AT•uw 26 West High Street Carlisle, PA 14. Paragraph 16 of the parties' Post-Marital Agreement provides in part: "The parties further agree that Husband shall retain the Real Property, shall refinance with[in] six (6) months of the Date of Execution, with additional extension possible with written agreement of Wife." 15. Husband executed the Agreement on November 11, 2007; Wife executed the Agreement on November 10, 2007. 16. Husband has not failed to perform under the Agreement since not more than six months have elapsed from the date of execution to the date that Wife filed her Petition to Enforce the Post-Marital Agreement. 17. Paragraph 14 of the parties' Post-Marital Agreement provide: "All personal property shall be amicably divided by the parties. Wife shall have the right to re-enter the residence within twelve (12) months from the Date of Execution to obtain her personal property and clothing, any furniture she desires, any cooking or household cleaning implements, and any other personal property, of whatever value, with the following exceptions: no antique tools, no power tools, no farming implements, and no firearms, unless Husband specifically agrees." 18. On or about January 27, 2008, Wife and her boyfriend arrived at the former marital residence with boxes for the purpose of removing Wife's items, as listed in paragraph 14 of the parties' Post-Marital Agreement. 19. Wife searched through the residence on a room by room basis, removing all items as listed on Exhibit A attached hereto and incorporated herein by reference. 20. Wife's boyfriend assisted her with the removal of her items as they were packed into boxes and loaded into her vehicle. 21. Husband requested that Wife search through the residence to be certain that she removed all that she wanted. 22. During their final walk-through, the parties' discovered a family chair belonging to Wife; Husband carried it to Wife's vehicle for her. 23. Wife did request to remove the upright freezer at the time of her re-entry, but SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA to do so would have required the removal of all frozen foods. 24. When Husband objected to the removal of the frozen foods, Wife agreed and relented on that request. 25. Wife has not made a request for additional items since her time of re-entry in January. 26. Husband avers that Wife has removed all items to which she is entitled under the parties' Agreement. 27. A copy of this Answer and New Matter has been forwarded to opposing counsel who does not concur with the relief requested. WHEREFORE, Defendant/Husband requests your Honorable Court to dismiss Plaintiff/Wife's Petition to Enforce the Post-Marital Agreement, due to its untimely nature and Husband's compliance to this date. Respectfully submitted, SAIDIS, FLOWER & LINDSAY, 1 Mary u , tas, Esquire 26 West` i@h Street Carlisle, PA 17013 (717) 243-6222 Attorney for Defendant SAIDIS, FLOWER & LINDSAY ATTURNEYS•AT U 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I SAMIS, FLOWER & LINDSAY nnott?rsnruw 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to a Date: April 15, 2008 EXHIBIT A ITEMS TAKEN BY MELANIE SNYDER ON JANUARY 27, 2008 SAIDIS, FLOWER & LINDSAY AnDW'iM-AT IAW 26 West High Street Carlisle, PA 1. Patio furniture 2. Candle cabret 3. Recliner chair and ottoman 4. Cook books 5. Pamper Chef cookware 6. George Foreman grill 7. Set of plates, cups and bowls 8. Bakeware 9. Tupperware 10. Purses 11. Shoes 12. Computer with printer 13. Clothes 14. Bath towels and wash clothes 15. Pillows 16. Longerburger baskers 17. American House Collection (4 boxes) 18. Wall pictures 19. China 20. Luggage 21. Candles 22. Clothesbasket 23. Mary Kaye products 24. Wrapping paper 25. Tolieties 26. Curling irons 27. Mugs 28. Computer table 29. Pillows 30. Bed comforter and sheets 31. Television 32. Car washing products 33. Picture albums 34. Crock 35. Hot pads 36. Antique Jars (kitchen shelf) MELANIE SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vii. CIVIL ACTION - LAW NO. 07-7217 DUANE SNYDER, IN DIVORCE Defendant THE HONORABLE KEVIN HESS CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service David R. Yoder, Esquire PO Box 215 Carlisle, PA 17013 US Mail April 15, 2008 GC:L SAMIS, FI ONWR & LINDSAY A TORNMoAT.tAw 26 West High Street Carlisle, PA Dated: Maw atas, Esquire Attornek-tD 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant ?, MELANIE SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-7217 CIVIL DUANE SNYDER, Defendant IN DIVORCE IN RE: PLAINTIFF'S PETITION TO ENFORCE THE POST-MARITAL AGREEMENT ORDER ANDN NOW, this i8" day of April, 2008, a hearing in the above-captioned matter is set for Friday, June 13, 2008, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ,--David Yoder, Esquire For the Plaintiff .Marylou Matas, Esquire For the Defendant Arn ^?z t LEC E I y/a r/ a8 BY THE COURT, Or TtHIE ZO AP 21 A l aL4 , : f w MELANIE SNYDER, Plaintiff VI. DUANE SNYDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-7217 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 12- "' day of en% 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated December 7, 2007 is hereby vacated. 2. The Mother, Melanie Snyder and the Father, Duane Snyder, shall have shared legal custody of Cooper Lee Snyder, born February 16, 1999 and Grace Elizabeth Snyder, born January 23, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health. education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall not take the children to services at Jehovah's Witness. 3. During the school year, Father shall have primary physical custody of the children and Mother shall have periods of partial physical custody on alternating weekends from Thursday at 5:00 p.m. to Sunday at 6:00 p.m. and on the off week on Thursdays overnight from 5:00 p.m. to Friday morning when Mother shall be responsible for getting the children to school. 4. During the summer, the parties shall share physical custody of the children on the following schedule: Mother shall always have physical custody of the children on Monday and Tuesday overnight; Father shall always have physical custody of the children on Wednesday and Thursday overnight; and the parties shall alternate the weekends, from Friday to Monday morning. Exchanges shall occur at the day care provider. 5. The parties shall use the same day care provider. 6. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from 12:00 noon Christmas Day to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. B. Thanksgiving shall be shared such that Father shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the children from 3:00 P.M. to 9:00 P.M. 7. Each party shall be entitled to one full week of physical custody in the summer provided they give the other party 30 days prior notice and a location and telephone number where the children can be reached. Transportation shall be shared such that the receiving party shall transport. 9. Neither parent will do or say anything, nor permit a third party from doing or saying anything that may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. c c?avid R. Yoder, Esquire, Counse Marylou Matas, Esquire, Counsel COPI 6-S mz t l£ , ' 4 RV T14F. C01 TR T t???L?? j `??`r,. , ' , Q0? :? ??'? ? 1 ?VW ? g0 ,.??,,U?t ??- ?a MELANIE SNYDER, Plaintiff V. DUANE SNYDER, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-7217 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cooper Lee Snyder February 16, 1999 Father Grace Elizabeth Snyder January 23, 2002 Father 2. A Conciliation Conference was held in this matter on May 8, 2008, with the following in attendance: The Mother, Melanie Snyder, with her counsel, David R. Yoder, Esquire, and the Father, Duane Snyder, with his counsel, Marylou Matas, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated December 7, 2007 providing for shared legal custody and shared physical custody as agreed. 4. The parties agreed to an Order in the form as attached. S-0 S' Date 1" ` V Jac eline M. Verney, Esquire Custody Conciliator MELANIE SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-7217 DUANE SNYDER, Defendant IN DIVORCE Judge Hess PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed November 29, 2008 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. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 3 68' I yu.?. Melanie Sny er, Pla tiff PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVO DECREE UNDER6 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 IS, ? ?WERR & UNDS" ME IN 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: (A31o?- -?p Melanie nyder, Plaintiff t7 r ? -- T ?t MELANIE SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-7217 DUANE SNYDER, Defendant IN DIVORCE Judge Hess DEFENDANT'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed November 29, 2008 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. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifica Date: 61- 3 - O 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 ? IS, FLOWER WERR LINDSAY 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifica ' o authorities. Date:' Du der, f dant :Klll :' 001 ^? t -^" It ter: Y MELANIE SNYDER, Plaintiff V. CIVIL ACTION - LAW NO. 07-7217 DUANE SNYDER, Defendant PRAECIPE TO TRANSMIT RECORD FLOWER ? I gDSM AW 26 West High Street Carlisle, PA To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was personally served with the Complaint in Divorce on December 9, 2007. Proof of service was filed on March 19, 2008. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: executed on June 13, 2008 and filed June 13, 2008 By Defendant: executed on June 13, 2008 and filed on June 13, 2008 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated November 11, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was filed with the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE Judge Hess By Plaintiff: executed on June 13, 2008 and filed on June 13, 2008 By Defendant: executed on June 13, 2008 and filed on June 13, 2008 -) * W C4,; ? 6 Dated: 6/13/0c) Marylou a s, Esqu're SAIDIS, PtOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 d .., ? ? , ?w? ? ? , , +W '-? ?:, ?-, - ? fi _ "? ?l t ? '? ?? ? MELANIE SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DUANE SYNDER, NO. 07-7217 CIVIL TERM Defendant IN DIVORCE IN RE: PLAINTIFF'S PETITION TO ENFORCE THE POST-MARITAL AGREEMENT ORDER OF COURT AND NOW, this 13th day of June, 2008, further hearing herein is deferred in accordance with the agreement of the parties as announced in open court this date. If this matter is not relisted within thirty days, the petition will be deemed dismissed without further order of court. By the Court, I //David Yoder, Esquire For the Plaintiff v -_'Marylou Matas, Esquire For the Defendant .bg l.d 1,ES ,m-a.E y iNV fl S, NE Y]d 3Hi JO 101-4-10-0 _TU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MELANIE SNYDER - " N?-o 07-7217 No. VERSUS DECREE IN DIVORCE AND NOW, ?w_. /g , .2oa8 IT IS ORDERED AND MELANIE SNYDER DECREED THAT AND DUANESNYDER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated November 11, 2007 are incorporated, but not merged, into this Decree in Divorce. BY THE LOUR' ATT PROTHONOTARY `? i2v r -?-Jww gip' 1/ " f IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, CIVIL ACTION-LAW Plaintiff V. F.R. 07-7217 Duane Snyder, Defendant IN DIVORCE Petition to Enforce Settlement Agreement AND NOW comes Plaintiff Melanie Snyder, by and through her attorney, David R. Yoder, and respectfully represents that: 1. Plaintiff Melanie Snyder and Defendant Duane Snyder entered into an Agreement before the Court modifying their Post-Marital Agreement on June 13, 2008. At that time he agreed to refinance and pay Melanie within thirty (30) days. 2. Defendant Duane Snyder has had over ninety (90) days to refinance the former marital residence, but has failed to do so. 3. The original Post-Marital Agreement also contemplated refinancing; it has been over nine (9) months since Defendant executed that document. 4. Defendant has failed to provide credible reasons for the delay, and has failed to provide any evidence that he has, in fact, taken any steps whatsoever to fulfill the Court's Order. 5. Plaintiff believes that Defendant will continue to delay unless the Court forces him to take action. 6. Plaintiff has been significantly prejudiced by this delay in payment, as Defendant continues in the former marital residence, but she has had to contend with a series of temporary residences. 7. Without a permanent residence suitable for children, Melanie has been unable to pursue a more equitable custody arrangement, which she has wanted from the beginning of the matter. 8. Undersigned counsel has contacted Defendant's attorney, Marylou Matas, Esq., to seek concurrence for this Petition as required by local rule; no response has been received. WHEREFORE, Plaintiff respectfully requests this Honorable Court to require Defendant to disgorge the money owed to Plaintiff, and/or enter such other orders as the Court deems just. Respectfully submitted, David R. Yoder Pa. Att'y I.D. # 6281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 40 Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ? t [ 31 0'7? ?? Melanie ?Snyder, Plaintiff _; i .._. ? r _.? •. - i ? -r NOV 10 2008 :0 k''ll WA IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Melanie Snyder, Plaintiff V. Duane Snyder, Defendant AND NOW, this /7 day of 2008, upon considering the within Petition, it is hereby Ordered that a Rule shall be issued upon the Defendant Duane Snyder to show cause why the relief sought herein should not be granted. Said Rule shall be returnable by written answer within days of the date of service of this Order. CIVIL ACTION-LAW F.R. 07-7217 IN DIVORCE ORDER OF COURT OR V/ Said Rule shall be returnable by hearing before this Court on the `? ' day of 2008 at // ; 30 o'clock ( AM MR-) in Courtroom _X_. By the Court, Distribution ary Lou Matas, Esq. for Respondent /David R. Yoder, Esq. for Petitioner 0_0P #;' $' oln2l 1!;_ V /l/!7`68 "_Wl V S) NN, 3d L 0.01 WV L 1 AON ROOZ J? "?{1L{i? 7 ; (^t? a Ni ?C) MELANIE SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-7217 DUANE SNYDER, Defendant IN DIVORCE Judge Hess ADDENDUM TO SEPARATION AND PROPERTY SETTLEMENT AGREEMENT RELEASE OF CLAIMS I, MELANIE SNYDER, do hereby affirm and acknowledge that I did receive all funds due and owing to me under the terms of the Separation and Property Settlement Agreement executed by me and my former spouse, DUANE SNYDER, on November 11, 2007. Specifically, pursuant to Paragraph 16 of that Agreement, my former spouse was obligated to make a payment to me of funds upon the refinance or assumption of the mortgage of real estate located at 301 North Middleton Road, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. I acknowledge that I received my share of the equity from this real estate on or about November - 2008. I am entitled to no further distribution of proceeds from this real estate. Further, I do hereby affirm and acknowledge that I did receive all personal property, household furnishings, goods and appliances that I was entitled to receive under the terms of the Separation and Property Settlement Agreement. Specifically, pursuant to Paragraph 14 and further Order of Court dated June 13, 2008 and agreement of the parties that date, my former spouse and I were to divide personal property. I am entitled to no further items of such property. I hereby affirm and acknowledge that all terms of the Separation and Property Settlement Agreement have been complied with and I hereby release my former spouse from any and all claims regarding further distribution of property. Date: MELANIE S ER COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF CUMBERLAND On this, thQQ, day of ?%J , 2008, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared MELANIE SNYDER known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and fficial seal. jn?sg Notary Public NOTARIAL SEAL MERLENE J. MARHEVKA, NOTAR CARLISLE, CUMBERLAND COUI MY COMMISSION EXPIRES JUNE °"° a ,; t-? r"`?) _.._ ? ? ` .A? ` '- __... -z t,?.o "'` MELANIE SNYDER, Plaintiff v. DUANE SNYDER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7217 IN DIVORCE THE HONORABLE KEVIN HESS PRAECIPE TO WITHDRAW Kindly withdraw the Petition to Enforce Settlement Agreement and cancel the hearing that is scheduled for December 9, 2008 at 11:30 a.m. in Courtroom 4. Respectfully Submitted, David R. Yoder, Ere Supreme Court ID #76281 P.O. Box 215 Carlisle, PA 17013 (717)571-2088 Attorney for the Plaintiff k'...y ?' y ?...,.? r^? ..? C",Ci .-{ _ t.: -? ?.,s _ , r;,?,