HomeMy WebLinkAbout09-0713V
SCOTT A. SWINCHOCK,
PLAINTIFF
VS.
TAMMY L. BEASTON,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 6°- 713 cN:1
DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages you must take prompt action. You are warned that if you fail to do
so the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation with your
children.
When the grounds for the divorce are 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 located at the Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM. 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, PENNSYLVANIA 17013
(717) 249-3166 or (800) 990-9108
By:
#6well Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
(717) 770-1277
Attorney for Plaintiff
SCOTT A. SWINCHOCK, IN THE COURT OF COMMON PLEAS
PLAINTIFF OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. p 7_ 7 l 3 c
TAMMY L. BEASTON,
DEFENDANT DIVORCE
COMPLAINT UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
Count I: No Fault Divorce
Plaintiff (hereinafter "Husband") is Scott A. Swinchock, whose domicile
494 Big Sky Drive, Etters, York County, Pennsylvania 17319.
2. Defendant (hereinafter "Wife") is Tammy L. Beaston, whose domicile is
unknown. It is believed that she resides in Etters, York County,
Pennsylvania 17319.
3. Plaintiff and Defendant are bona fide residents in the Commonwealth of
Pennsylvania at least six months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on January 3, 2009 in
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 enter a decree of divorce.
WHEREFORE, Plaintiff requests that a decree be entered dissolving the
marriage between the parties.
Count II: Equitable Distribution
9. The parties have not acquired any significant property during the course
of the this thirty four (34) day marriage as Wife moved out of
Husband's home on or about February 6, 2009.
10. Husband is the owner of non-marital real property in Cumberland County
known as 27 Honeysuckle Drive, Mechanicsburg, Pennsylvania 17055.
11. Husband purchased this real property on July 17, 2008 with pre-marital
funds and it is under contract for settlement on February 27, 2009. It is
unknown if Wife will cooperate in executing the documents necessary to
extinguish her right to partition the theoretical increase in value for 27
Honeysuckle Drive, Mechanicsburg, Pennsylvania from January 3, 2009
(date of marriage) through February 6, 2009 (date of separation).
12. Husband is the owner of non-marital real property in York County known
as 494 Big Sky Drive, Etters, York County, Pennsylvania 17319.
13. Husband purchased this home on November 18, 2008 with pre-marital
funds.
14. Wife and Husband have no other jointly owned real or personal property.
15. Husband seeks an Order extinguishing any interest in the value from the
date of marriage (January 3, 2009) through the date of separation
(February 6, 2009) for the non-marital real property known as 494 Big
Sky Drive, Etters, York County, Pennsylvania 17319 and 27 Honeysuckle
Drive, Mechanicsburg, Pennsylvania 17055.
WHEREFORE, Plaintiff requests that a decree be entered extinguishing
Defendant's interest in the theoretical increase in value of all real property from
January 3, 2009 through the date of separation on February 6, 2009.
Respectfully submitted,
By:
Steve ow?ll,-E:
H ell Law Firm
K19 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
(717) 770-1277
Attorney for Plaintiff
Date: February 9, 2009
VERIFICATION
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY: ?i_
Scott A. Swinchock
Date: A if.109
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SCOTT A. SWINCHOCK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
TAMMY L. BEASTON,
DEFENDANT
NO. 6N7 - 713 eN.'l
DIVORCE
PETITION FOR SPECIAL RELIEF
TO COMPLETE THE SALE OF REAL PROPERTY OWNED
SOLELY BY PLAINTIFF
Plaintiff (hereinafter "Husband") is Scott A. Swinchock, whose domicile
is 494 Big Sky Drive, Etters, York County, Pennsylvania 17319.
2. Defendant (hereinafter "Wife") is Tammy L. Beaston, whose domicile is
unknown. It is believed that she resides in Etters, York County,
Pennsylvania 17319 but works at 2149 North Front Street, Harrisburg,
Pennsylvania 17110.
The Plaintiff and Defendant were married on January 3, 2009 in
Cumberland County, Pennsylvania.
4. The parties have not acquired any significant marital property during the
course of their thirty four (34) day marriage as Wife moved out of
Husband's home on or about February 6, 2009.
5. Husband is the sole owner of non-marital real property in Cumberland
County known as 27 Honeysuckle Drive, Mechanicsburg, Pennsylvania
17055.
6. Husband purchased this real property on July 17, 2008 with pre-marital
funds and it is under contract for settlement on February 27, 2009. It is
unknown if Wife will cooperate in executing the documents necessary to
extinguish her right to partition the theoretical increase in value for 27
Honeysuckle Drive, Mechanicsburg, Pennsylvania from January 3, 2009
(date of marriage) through February 6, 2009 (date of separation).
7. Under our Divorce Code "marital property" does not include: "property
acquired prior to marriage or property acquired in exchange for
property acquired prior to marriage." 23 Pa. C.S.A. §3501 (a).
8. The home in Mechanicsburg was purchased with non-marital funds owned
by Husband prior to the January 3, 2009 marriage and maintained in his
individual financial account which was then used to acquire the real estate
in his own name.
9. Pennsylvania's Divorce Code at 23 Pa. C.S. §3323 (f) specifically
provides: "In all matrimonial causes, the court shall have full equity
power and jurisdiction and may issue injunctions or other orders which
are necessary to protect the interests of the parties or to effectuate the
purposes of this part and may grant such other relief or remedy as equity
and justice require against either party or against any third person over
whom the court has jurisdiction and who is involved in or concerned
with the disposition of the cause."
10. Pennsylvania Rule of Civil Procedure 1920.43 (a)(3) provides that the trial
court may "grant other appropriate relief" concerning real or personal
property.
11. In the present case, the Cumberland County home was purchased by
Husband in his own name and he alone is the mortgagor on the loans
secured by the real estate.
12. This is Wife's fourth marriage and Husband's second marriage.
13. Wife has not responded to Husband's request to cooperate with the sale on
February 27, 2009.
14. In light of her non-response it should be assumed she does not concur with
the requested relief.
WHEREFORE, Husband seeks an order directing Wife to execute any
and all settlement documents and/or deed required to convey the home in
Mechanicsburg, Pennsylvania at the real estate settlement scheduled for February
27, 2009.
Respectfully submitted,
r'
By: /
,p ell Law Firm
19 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
(717) 770-1277
Attorney for Plaintiff
Date: February 9, 2009
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY: IL-#z
Scott A. Swinchock
Date: a //o/of
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SCOTT A. SWINCHOCK,
PLAINTIFF
VS.
TAMMY L. BEASTON,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09- ? l3 ca_r.i
DIVORCE
PETITION FOR EXCLUSIVE POSSESSION
OF PRE-MARITAL REAL PROPERTY OWNED SOLELY BY
PLAINTIFF
Plaintiff (hereinafter "Husband") is Scott A. Swinchock, whose domicile
494 Big Sky Drive, Etters, York County, Pennsylvania 17319.
2. Defendant (hereinafter "Wife") is Tammy L. Beaston, whose domicile is
unknown. It is believed that she resides in Etters, York County,
Pennsylvania 17319 but works at 2149 North Front Street, Harrisburg,
Pennsylvania 17110.
3. The Plaintiff and Defendant were married on January 3, 2009 in
Cumberland County, Pennsylvania.
4. The parties have not acquired any significant marital property during the
course of their thirty four (34) day marriage as Wife moved out of
Husband's home on or about February 6, 2009.
Husband is the sole owner of non-marital real property in Cumberland
County known as 27 Honeysuckle Drive, Mechanicsburg, Pennsylvania
17055.
6. Husband purchased this real property on July 17, 2008 with pre-marital
funds and it is under contract for settlement on February 27, 2009. It is
unknown if Wife will cooperate in executing the documents necessary to
extinguish her right to partition the theoretical increase in value for 27
Honeysuckle Drive, Mechanicsburg, Pennsylvania from January 3, 2009
(date of marriage) through February 6, 2009 (date of separation).
7. Husband is also the sole owner of real property in York County known as
494 Big Sky Drive, Etters, York County, Pennsylvania 17319.
Husband purchased this home on November 18, 2008 with pre-marital
funds.
9. Under our Divorce Code "marital property" does not include: "property
acquired prior to marriage or property acquired in exchange for
property acquired prior to marriage." 23 Pa. C.S.A. §3501 (a).
10. The homes in Mechanicsburg and Etters were purchased with non-marital
funds owned by Husband prior to the January 3, 2009 marriage and
maintained in his individual financial account which was then used to
acquire the real estate in his own name.
11. Pennsylvania's Divorce Code at 23 Pa. C.S. §3323 (f) specifically
provides: "In all matrimonial causes, the court shall have full equity
power and jurisdiction and may issue injunctions or other orders which
are necessary to protect the interests of the parties or to effectuate the
purposes of this part and may grant such other relief or remedy as equity
and justice require against either party or against any third person over
whom the court has jurisdiction and who is involved in or concerned
with the disposition of the cause."
12. Pennsylvania Rule of Civil Procedure 1920.43 (a)(3) provides that the trial
court may "grant other appropriate relief" concerning real or personal
property.
13. In the present case, the Cumberland County home and the York County
home were purchased by Husband in his own name and he alone is the
mortgagor on the loans secured by the real estate.
14. This is Wife's fourth marriage and Husband's second marriage.
15. Wife does not concur with the requested relief in light of her complaint to
the local police that she wants unfettered access to the home.
WHEREFORE, Husband seeks an order awarding him sole and exclusive
possession of the homes in Cumberland and York Counties which he purchased in
his own name using non-marital funds and for which he is the only mortgagor and
owner.
Respectfully
By:
Nowell Law Z'rm
/ 619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
(717) 770-1277
Attorney for Plaintiff
Date: February 9, 2009
VERIFICATION
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY:
Cott A. winchock
Date: .2/10/09
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SCOTT A. SWINCHOCK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO.: 09-713
TAMMY L. BEASTON, ;
Defendant : DIVORCE
P12AECIPE
Please enter the appearance of Attorney Charles E. Petrie on behalf
of the Defendant, TAMMY L. BEASTON.
Respectfully submitted,
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
FAX NO. (717) 561-1939
Sup. Ct. ID No.: 29029
E-mail: PetrieLaw@AOL.com
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FEB 1 1 20W6
SCOTT A. SWINCHOCK,
PLAINTIFF
VS.
TAMMY L. BEASTON,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. rScl 7 3 c : j'
DIVORCE
Order of Court
000
And now, this I's-it of '2009 a Rule is issued on the
Defendant to show cause why in light of the parties' short marriage on January 3, 2009
that Plaintiff's request to direct the Defendant to: (a) cooperate with the real estate sale
scheduled for February 27, 2009; and (b) execute all documents or deeds necessary to
convey the real estate located in Cumberland County (27 Honeysuckle Drive,
Mechanicsburg, PA 17055), which was purchased in his individual name in 2008 using
non-marital funds; maintained in Plaintiff's individual account; and financed with a
mortgages in which the Plaintiff is the only mortgagor should not be granted.
Rule returnable at a hearing to be held EJ!P?n a) Z/- , , 2009 at
?•0 . M. in Courtroom No of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
Certified Copies To:
teven Howell, Esquire (Plaintiffs Counsel)
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
/ammy L. Beaston, Pro Se Defendant
c/o NAMI of Pennsylvania
2149 North Front Street
Harrisburg, PA 17110
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Judge
:I Ind L I $33 60OZ
k8ViONO" -iiUnd ]Hi JO
SCOTT A. SWINCHOCK,
PLAINTIFF
VS.
TAMMY L. BEASTON,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009 - 713 CIVIL
DIVORCE
AFFIDAVIT OF SERICE OF DIVORCE COMPLAINT
I hereby certify that on February 11, 2009 at 10:30 AM Constable Edgar Siptroth
personally served the Defendant Tammy L. Beaston with a copy of the Divorce Complaint
endorsed with a Notice to Defend at 2149 North 2°d Street, Harrisburg, Dauphin County,
Pennsylvania 17110. A true and correct copy of the Return of Service executed by Constable
Edgar J. Siptroth Jr. is attached hereto as Exhibit "A".
By:
uire
I?erWell Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
(717) 770-1277
Attorney for Plaintiff
Date: February 26, 2009
Commonwealth of Pennsylvania
County of Cumberland
ss
On this, the 96 day of Pe 41 ?4 4V , 2009, before me, a
Notary Public, the undersigned officer, personally ap eared STEVEN HOWELL,
ESQUIRE, (known to me or satisfactorily proven) to be the person whose name is
subscribed to the within document and acknowledged that he/she executed the same for
the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and
official seal:
By: / P&J -4? Lo e, if
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bern T. Howell, Notary Public
New Cumberland Boro, Cumberlard County
My Commission Expires May 10, 2009
Member, Pennsylvania Association of Notaries
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SCOTT A. SWINCHOCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
vs.
NUMBER: 09-7r3 ~= ~ ~~~''
TAMMY L. BEASTON, , ~ ,.--~''~..,_,
Defendant 1N DIVORCE =~ ~ ° `~,'~°=
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PRAECIPE TO TRANSMIT RECORD ~
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To the Prothonotary: _ ~~
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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: Acceptance of Service
dated February 11, 2009.
3. Date of execution of the affidavit of consent required by 3301(c) of the
Divorce code: by Plaintiff November 12, 2009; by Defendant September 2, 2009.
4. Related claims pending: All matters have been resolved between the
parties pursuant to the Property Settlement Agreement dated February 24, 2009 and
incorporated, but not merged, into the Decree.
5. Date Plaintiffls Waiver of Notice in 3301 (c) Divorce was filed with
Prothonotary: November 17, 2009. Date Defendant's Waiver of Notice in 3301 (c) Divorce was
filed with Prothonotary: September 2, 2009.
By:
Date: October 26, 2010
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below one true and correct copy of the foregoing
document was served upon the persons and in the manner indicated below which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure.
Service upon Opposing Counsel by First Class, Postage Prepaid U.S. Mail.
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
By:
Date: 10/26/10
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SCOTT A. SWINCHOCK, 1N THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
vs.
NUMBER: 09-713 : ~ ~ `~ :~
TAMMY L. BEASTON, o-~ ~ ~ -~
Defendant IN DIVORCE ~, ~ E
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PRAECIPE TO TRANSNIIT RECORD ~ -~
To the Prothonotary: ~ ~ :~ ~`'
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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: Acceptance of Service
dated February 11, 2009.
3. Date of execution of the affidavit of consent required by 3301(c) of the
Divorce code: by Plaintiff November 12, 2009; by Defendant September 2, 2009.
4. Related claims pending: All matters have been resolved between the
parties pursuant to the Property Settlement Agreement dated February 24, 2009 and
incorporated, but not merged, into the Decree.
5. Date Plaintiff s Waiver of Notice in 3301 (c) Divorce was filed with
Prothonotary: November 17, 2009. Date Defendant's Waiver of Notice in 3301 (c) Divorce was
filed with Prothonotary: September 2, 2009.
By:
Date: October 26, 2010
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below one true and correct copy of the foregoing
document was served upon the persons and in the manner indicated below which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure.
Service upon Opposing Counsel by First Class, Postage Prepaid U.S. Mail.
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
By:
Date: 10/26/10
SCOTT A. SWINCHOCK IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TAMMY L. BEASTON '
No. 09-713
DIVORCE DECREE
c-~' `~~ y3 ti • M .
AND NOW, ~ ~ , ~~, it is ordered and decreed that
SCOTT A. SWINCHOCK plaintiff, and
TAMMY L. BEASTON ,defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
NONE
By the
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