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HomeMy WebLinkAbout10-14560 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY SCOTT BANZHOFF Plaintiff V. MARY BETH BANZHOFF Defendant : CIVIL ACTION - LAW NO. : IN DIVORCE s zi CIVIL TER;J . C3 m 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 fait to do so, the case 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 of your children.. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available m the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I"s SI.06 ?? w 7 P-e ?3 ??? 1 r 1 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY SCOTT BANZHOFF Plaintiff V. MARY BETH BANZHOFF Defendant CIVIL ACTION - LAW NO. t A-ius? IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is Jeffery Scott Banzhoff, who currently resides at 2710 East Rosegarden Boulevard, Mechamcsburg, Cumberland County, Pennsylvania. 2. Defendant is Mary Beth Banzhof? who currently resides at 2710 East Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on September 4, 1993 at Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Defendant is retired from the Armed Forces. 7. The marriage is irretrievably broken. 8. 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 m counseling. WHEREFORE, Plaintiff, Jeffery Scott Banzhof ; prays that a decree in divorce be entered dissolving the marriage between the two parties. Respectfiilly Submitted, Wm. C. Felker, Esquire ID # 67999 P.O. Box 1401 Camp Dill, PA 17001 717-512-0647 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: cl I V kffo colt Banzhoff , fitf.r ~- a'r ~ ~ t _ .. r, Y r r,;~. JEFFERY SCOTT BANZHOFF, Plaintiff V .S . MARY BETH BANZHOFF, Defendant 10l~ J~ ( ~= u8 IN THE COURT OF COMMO~ p~E~,~S OF CUMBERLAND COT~r1~ PENNSYLVANIA ~ - ~ ;i;1j7~' . l 1 i '~' ~.^~+ : CIVIL ACTION N0. 10-1456 CIVIL TERM IN DIVORCE N O T I C E T O D E FEN D 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 of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 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 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 $rIQ. 00 Pa A'1't~/ C# (~f?q 2'~ a~5o~/ 4 JEFFERY SCOTT BANZHOFF, Plaintiff vs. MARY BETH BANZHOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. 10-1456 CIVIL TERM IN DIVORCE ANSWER AND NOW COMES the Defendant, Mary Beth Banzhoff, by her attorney, Mary A. Etter Dissinger, Esquire, files the following Answer and respectfully represents that: 1. Denied. It is denied that Jeffery Scott Banzhoff resides at 2710 East Rosegarden Boulevard. By the way further Answer it is averred that he resides at 1031 Old Gettysburg Pike, Mechanicsburg, PA 17055. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Plaintiff is without sufficient information to admit or deny the allegations set forth in Paragraph 8, and therefore same are denied and proof demanded at time of hearing. Plaintiff/Counter-Defendant is directed to answer the following counterclaim within twenty (20) days, or suffer possible default. COUNTERC7~AIM Defendant/Counter-Plaintiff avers by way of counterclaim: COUNT I Request for Equitable Distribution of Marital Property Under 3104 and 3502 (a) of the Divorce Code 9. The prior paragraphs of this Answer are incorporated herein by reference thereto. 10. Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff have acquired property, both real and personal during their marriage from the date of said marriage until the date ,of their separation. 11. Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff have been unable to agree as to an equitable distribution of said property. 12. Defendant/Counter-Plaintiff requests the court to equitably distribute the property. COUNT II Request for Counsel Fees, Costs and Expenses Under 3104 and 3502 (a) of the Divorce Code 13. The prior paragraphs of this Answer are incorporated herein by reference thereto. 14. Defendant/Counter-Plaintiff has employed Mary A. Etter Dissinger, Esquire, of the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 15. Defendant/Counter-Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Plaintiff/Counter-Defendant is more than able to pay them. 16. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior- to final hearing, Defendant/ Counter-Plaintiff requests that, after final hearing, the Court order Plaintiff/Counter-Defendant to pay Defendant/ Counter-Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant/Counter-Plaintiff demands that if a divorce is granted: 1. That an Order be entered distributing all of the property, real and personal, as the Court may deem equitable and just, plus costs; and 2. That pursuant to 3104 and 3502 (a) of the Divorce Code, the Court enter an Order directing Plaintiff/Counter- Defendant to pay Defendant/Counter-Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Submitted: DISSINGER AND DISSINGER By : ~_ Mary A. E ter Dissinger Attorney for Defendant Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax VERIFICATION I, Mary Beth Banzhoff, verify that the statements made in the foregoing Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904, relating to unsworn falsification to authorities. Mary th Banzhoff r JEFFERY SCOTT BANZHOFF, Plaintiff vs. MARY BETH BANZHOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. 10-1456 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing Answer and Counterclaim has been duly served upon William C. Felker, Esquire, attorney for Jeffery Scott Banzhoff, by depositing same in the United States Mail, postage prepaid, addressed as follows: William C. Felker, Esquire P.O. Box 1401 Camp Hill, PA 17001 Date '-'7 /,~ ~ ~io `-~~'/l Attor ey for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA 3EFFERY SCOTT BANZHOFF Plaintiff v. MARY BETH BANZHOFF Defendant CIVIL ACTION -LAW :PACSES NOs. 5791 1 1 807 & 679111772 NO. 10-1456 CIVIL TERM IN DIVORCE MOTION/DEMAND FOR HEARING ON ALIMONY PENDENT ELITE CLAIM AND NOW comes Plaintiff, Jeffery Scott Banzhoff, by his attorney, William C. Felker, Esquire, and respectfully submits as follows: 1. A divorce complaint was filed by Jeffery Scott Banzhoff on March 2, 2010. 2. An Answer and Counterclaims were filed by defendant on July 13, 2010. 3. An Answer To Defendant's Counterclaims & Additional Counts was file by Plaintiff on September 2, 2010, which includes a claim for alimony pendent elite. 4. A child support and spousal support entitlement hearing is scheduled for October 5, 2010 before the Support Master. 5. Plaintiff respectfully request that a hearing on alimony pendent elite claim be scheduled at the same time as the child support and spousal support entitlement hearing on October 5, 2010 at 10:30am. Respectfully submitted, ~,~~- September 2, 2010 r~nusNN~d AlNt10~ n~.~~-n~~~IWf ~ L Z ~6 Wq Z - d~5 0 ~. ,, .. 1G#~~.~{-f~,,,;cj ~Hl. ~G ~.-10-U3 Its Wm. C. Felker, Esquire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 CERTIFICATE OF SERVICE AND NOW, this 2nd day of September, 2010, I William Felker, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent acopy ofMOTION/DEMAND FOR HEARING ON ALIMONY PENDENT ELITE CLAIM by depositing a certified copy of the same in the United States mail, postage prepaid and addressed as follows: Mary A. Etter Dissinger 28 North 32nd Street Camp Hill, PA 17011 Wm. C. Felker, squire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 i~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY SCOTT BANZHOFF Plaintiff v. : CIVII. ACTION -LAW MARY BETH BANZHOFF ~ cry ~ ~ Defendant : NO. 10-1456 CIVIL TERM ~~ - v "~ IN DIVORCE c`~n,.~~.~ rv C C1 ~~ yr ~ ~"f + ~~ ` ° s ~ NOTICE • • N - f1'. You are hereby notified to file a written response to the enclosed ad ditional counts with in twenty (20) days from service hereto or a judgment maybe entered against you. ANSWER TO DEFENDANT'S COUNTERCLAIMS & ADDITIONAL COUNTS ANSWER COUNT 1 9. No answer to the averments is required. 10. Admitted. 11. Specifically denied. By way of further answer, parties executed a binding martial separation agreement on the 8th day of December. 12. No answer to the averments is required. COUNT 2 13. No answer to the averments is required. 14. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at the time of trial. S3q•~ ~ v#}. ~9 ~ 15. Denied. Defendant is more than capable of paying her own counsel fees, costs, and expenses. By way of further answer Plaintiff is unable to pay his own related counsel fees, costs, and expenses. 16. No answer to the averments is required. ADDITIONAL COUNTS COUNT III ALIMONY 17. The prior paragraphs of this Answer are incorporated herein by reference. 18. Plaintiff is unable to support himself through appropriate employment. 19. Plaintiff requires reasonable support to adequately maintain himself in accordance with the standard of living established during the mamage. 20. Defendant earns substantially more income per year than Plaintiff. 21. Plaintiff request the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV ALIMONY PENDENT ELITE, ATTORNEY FEES. COSTS AND EXPENSES 22. The prior paragraphs of this Answer are incorporated herein by reference. 23. By reason of defendant's counterclaims, Plaintiff will be put to considerable expense in the preparation of his case, in the employment of counsel and payment of costs and expenses. 24. Plaintiff is without sufficient means to support himself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain himself during the pendency of this action. 25. Plaintiff does not have adequate income to provide for his reasonable needs and pay his counsel fees and the costs and expenses of this proceeding. 26. Defendant has adequate earnings to provide for the support of Plaintiff during the pendency of this litigation and to pay his attorney fees, costs and expenses; and therefore Plaintiff demands counsel fees and expenses under Section 3702 of the Divorce Code. WHEREFORE, Plaintiff, Jeffery Scott Banzhoff, prays this Honorable Court to: (a) deny defendant's request for equitable distribution, counsel fees, costs and expenses; (b) order Defendant to pay alimony to Plaintiff; (c) award Plaintiff alimony pendent elite, reasonable attorney fees, cost and expenses; (d) order such further relief as the Court may determine equitable and just. Respectfully Submitted, Y f` Vim. C. Felk squire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: p / ~?4/Q effery cott B off IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY SCOTT BANZHOFF Plaintiff v. :CIVIL ACTION -LAW MARY BETH BANZHOFF NO. 10-1456 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 2nd day of September, 2010, I William Felker, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's ANSWER TO DEFENDANT'S COUNTERCLAIMS & ADDITIONAL COUNTS by depositing a certified copy of the same in the United States mail, postage prepaid and addressed as follows: Mary A. Etter Dissinger 28 North 32nd Street Camp Hill, PA 17011 Wm. C. Fe er, Esquire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 JEFFREY S. BANZHOFF, THE COURT OF COMMON PLEAS OF PlaintifflPetitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 10-1456 CIVIL TERM MARY B. BANZHOFF, IN DIVORCE ~ .,,, Defendant/Respondent PACSES NO: 927111915 '~~ rn ~~ -° rn. ...,, _> ~_ ~ ORDER OF COURT ~ ~' '~ -~ .~ ~ 3 w ~~ AND NOW, this 7th day of September, 2010, upon consideration of the Petition for Alimony nde Lit and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before Mi el > Rundle on October 5.2010 at 10:30 A. M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent William C. Felker, Esq. Mary A. Etter Dissinger, Esq. Date of Order: September 7, 2010 BY THE COURT, Albert H. Masland, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 cc361 t 1 JEFFREY SCOTT BANZHOFF, Plaintiff VS. MARY BETH BANZHOFF, Defendant -., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL TERM : IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND RETURN OF PREMARITAL PROPERTY AND PHOTOGRAPHS AND CANVAS PORTRAITS OF CHILDREN AND REQUEST FOR COUNSEL FEES And now comes Mary Beth Banzhoff, Petitioner, by and through her attorneys Dissinger and Dissinger and requests the Court to grant her exclusive rights and possession of the marital residence and in support of her Petition avers as follows: 1. This case has not been previously assigned to any judge. 2. Mary Beth Banzhoff is the Petitioner herein who resides at 2710 East Rosegarden Boulevard, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania. 3. Jeffrey Scott Banzhoff is the Respondent herein who resides at, 1031 Old Gettysburg Pike, Mechanicsburg, PA 17055 Pennsylvania, with his parents. 4. On or about January 1, 2010, Respondent moved from 2710 Rosegarden Boulevard, the marital residence where the parties resided with their two minor children, and he has since resided exclusively at 1031 Old Gettysburg Road, Mechanicsburg, Pennsylvania. 5. Since the parties' separation, Respondent herein returned to the marital residence on November 3, 2010 while Petitioner was at work and removed the big screen HD TV and speakers and surround sound from the marital residence as well as a pre-marital stereo system that was attached to it leaving four (4) large holes in the walls of the living room. 6. On November 3, 2010, while Petitioner was at work, Respondent also removed property of Petitioner that Respondent knew to be premarital property, specifically Cutco knives that were given to Petitioner by her now deceased mother. 7. Respondent on November 3, 2010 also removed a coo-coo clock the parties purchased on a trip abroad and removed numerous momentos of their trips and vacations. 8. Respondent on November 3, 2010 also removed a refrigerator from the garage on the premises of the marital residence. 9. Respondent on November 3, 2010 also removed a coat rack as well as a meat packer and a snow blower. 10. Of greatest, albeit sentimental, value to Petitioner herein are the two large canvas portraits of the minor children and all their photo albums (but for one small booklet of one child) from infancy that Respondent removed on November 3, 2010. 11. Respondent has digital photographs of the children on his computer and Petitioner does not, so Petitioner is left with only a handful of photos of one child. U 12. Petitioner's sense of security has been violated by Respondent entering her home while away at work, knowing she would be at work, to remove items he never requested from her in the past and without giving Petitioner herein an opportunity to work out an arrangement with Respondent about the items he removed. 13. Petitioner learned of Respondent's entry from her minor children while she was at work and while the children were in the custody of Respondent. 14. Petitioner has since changed the locks on the marital residence. 15. Respondent has learned Petitioner has changed the locks and has informed her that she must give him a key so he may enter when and as he chooses or she will "be in contempt of court." 16. Petitioner has no desire to be surprised again when she is work that more household goods and other precious items have been removed by Respondent while she is at her job. 17. Petitioner has no desire to feud with Respondent about whether he can come and go at his whim in a home he abandoned in January 2010 and which is the only place Petitioner thought she could expect privacy. 18. Petitioner requests that Respondent be required to return to her the two canvas portraits and all the photo albums and their contents that Respondent has removed, as well as the knives that were given to her before her marriage to Respondent. 19. Petitioner requests that Respondent be excluded from the marital residence and that she be given exclusive possession of the marital residence and all buildings and the real estate at 2710 East Rosegarden Boulevard, Mechanicsburg, PA 17055. 20. Petitioner requests that she be awarded counsel fees for being put to the indignity of having to seek the court's assistance in obtaining exclusive possession for peace and decorum in her life and the lives of the children of the parties. 21. Petitioner believes that if this matter goes to hearing, she will have to have paid her attorney no less that $750.00 to seek exclusive possession of the marital residence and return of the photographs and her premarital property. 22. A copy of this Motion has been faxed to counsel for Mr. Banzhoff and he concurs/does not concur/has/ not responded. 1 f Ct-? o-. (tit WHEREFORE Petitioner requests that Respondent be required to return to her the two canvas portraits of the children, all the photo albums and contents of the albums removed from the marital residence, and all the Cutco knives, and that she be awarded $750.00 in counsel fees. Respectfully submitted, Mary A. Etter Dissinger Attorney for Petitioner Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax Y VERIFICATION I, Mary Beth Banzhoff, verify that the statements made in the foregoing document 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. Mary eth Banzhof Jeffrey Scott Banzhoff, Plaintiff/Respondent VS. Mary Beth Banzhoff, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010-1456 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing document has been duly served upon counsel for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: William C. Felker P.O. BOX 1401 Camp Hill, PA 17061 Date:11/16/2010 Mary A. Etter Dissinger, Esquire EO-Or F1LEb-OFFICE NOV 17.2010 w, , PROT,-; -DF THE PROTHONOTARY 2010 NOV 19 1,, 2010 NOV 19 AM 10: 50 CUMBERLAND= CUMBERLAND COUNTY Jeffrey Scott Ban zho YLW, • . PEI10'"TM"RT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. : CIVIL ACTION - LAW Mary Beth Banzhoff, : NO. 2010-1456 CIVIL TERM Defendant : IN DIVORCE S RULE TO SHOW CAUSE And now this D rday of ltlgll?? 2010, a Rule to Show Cause why Petitioner/Defendant should not be granted exclusive possession of the marital residence, and why Respondent should not return the canvas portraits and photo albums and contents of the albums and the knives to Petitioner, and why Petitioner should not be awarded counsel fees is hereby issued on Respondent/Plaintiff, Jeffrey Scott Banzhoff and his counsel. A hearing on this Rule is scheduled for the 3 day of 2010, at1d:CO o'clock a m. in Courtroom # 5 By the Court: 6zz Distribution: .,/William C. Felker, P.O. Box 1401,Camp Hill, PA 17001 wry A. Etter Dl!issinger, Esq.- 28 N. 32nd St., Camp Hill, PA 17011 L Q.S rrt?, l 14.?? It tRllo `~ l JEFFERY SCOTT BANZHOFF, Plaintiff MARY BETH BANZHOFF, Defendant vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL TERM : IN DIVORCE C Y ray' -ID M STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, come Jeffrey Scott Banzhoff, Plaintiff, acrd mar to r - _ rn Beth Banzhoff, Defendant and agree that this Stipulation staE? entered as an Order of Court, and the parties agree as follows: 1. Defendant shall have exclusive possession of 2710 East Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant shall make arrangements to obtain new canvas portraits of the parties' children identical to the canvas portraits removed by husband from the marital residence. 3. The parties shall equally divide the cost of the new canvas portraits, and when the new canvas portraits are delivered to Plaintiff, he shall return to Defendant the older canvas portraits in their frames. 4. Plaintiff shall provide to Defendant one week from the date of filing this Stipulation copies of all of the pictures r 4 I that he has of the children and family portraits, those pictures to be provided on CDs or in digital format. Respectfully Submitted, a/M Jeff Sco hoff, Plaintiff Mary ,B h Banzhoff, Defenda t 't C William C. Felker, Mary A. ]Etter Dissinger, Attorney for Plaintiff Attorney for Defendant 1 v JEFFERY SCOTT BANZHOFF, Plaintiff VS. MARY BETH BANZHOFF, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL TERM : IN DIVORCE MOTION FOR ENTRY OF STIPULATION u. r-? 77 c? -,-? M r-- This case has been assigned to the Honorable Alfred Masland. AND NOW, comes Mary A. Etter Dissinger, counsel for the Defendant, Mary B. Banzhoff, and requests the Court to enter the attached Stipulation (Exhibit A) as an Order of Court and in support of the Motion avers as follows: 1. Defendant is Mary Beth Banzhoff. 2. Plaintiff is Jeffrey Scott Banzhoff, represented by Attorney William Felker. 3. The parties have entered the attached Stipulation (Exhibit A) for the purposes of having it entered as a Court Order. 4. Counsel for the Plaintiff concurs with the filing of this Motion. 5. A copy of an Order in the form agreed to by the parties is attached, and a copy attached as Exhibit B. to le WHEREFORE, it is respectfully requested that the Stipulation and Agreement of the parties be entered as an Order of Court. Respectfully Submitted: DISSINGER AND DISSINGER By: Mary A. Etter Dissinger Attorney for Defendant Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax JEFFERY SCOTT BANZHOFF, Plaintiff VS. MARY BETH BANZHOFF, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL TERM : IN DIVORCE STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, come Jeffrey Scott Banzhoff, Plaintiff, and Mary Beth Banzhoff, Defendant and agree that this Stipulation shall be entered as an Order of Court, and the parties agree as follows: 1. Defendant shall have exclusive possession of 2710 East Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant shall make arrangements to obtain new canvas portraits of the parties` children identical to the canvas portraits removed by husband from the marital residence. 3. The parties shall equally divide the cost of the new canvas portraits, and when the new canvas portraits are delivered to Plaintiff, he shall return to Defendant the older canvas portraits in their frames. 4. Plaintiff shall provide to Defendant one week from the date of filing this Stipulation copies of all of the pictures EXHIBIT aF s that he has of the children and family portraits, those pictures to be provided on CDs or in digital format. Respectfully Submitted, .- IM Jeffre'' SCO hoff, Plaintiff Mary B h Banzhoff, Defenda t: William C. Felker, Mary A. Etter Dissinger, Attorney for Plaintiff Attorney for Defendant s JEFFERY SCOTT BANZHOFF, Plaintiff Vs. MARY BETH BANZHOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 10-1456 CIVIL TERM IN DIVORCE ORDER AND NOW, this day of 2011, the Stipulation and Agreement of the parties attached hereto is made an Order of Court. BY THE COURT: J. Distribution: Mary A. Etter Dissinger, Esq., 28 N. 32nd Street, Camp Hill, PA 17011 William C. Felker, Esq., P.O. Box 1401, Camp Hill, PA 17001 EXHIBIT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date JEFFERY SCOTT BANZHOFF, Plaintiff VS. MARY BETH BANZHOFF, Defendant set forth below I served a true and correct copy of the foregoing document upon the attorney for Jeffrey S. Banzhoff, by First Class United States Mail to: William C. Felker P.O. Box 1401 Camp Hill, PA 17001 Date: x Mary A.'Etter Dissinger, Esq. -i JEFF;ERY SCOTT BANZHOFF, Plaintiff Vs. MARY BETH BANZHOFF, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL TERM : IN DIVORCE ORDER ;AND NOW, this day of J 2011, the Stipulation and Agreement of the parties attached hereto is made an Order of Court'i. c'7 ha C) C , -n"t BY THE COURT: rw f-- rrnn- Z M 7s r- x -urn r-s Cn 4= C7 -n -0 -n C-) w C:$M -< co w Distri. Mary A /Williai tion: Etter Dissinger, Esq., 28 N. 32nd Street, Camp Hill, PA 17011 C. Felker, Esq., P.O. Box 1401, Camp Hill, PA 17001 Nia<<? c?p?e? a4/a JEFFERY SCOTT BANZHOFF, Plaintiff VS. MARY BETH BANZHOFF, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL TERM : IN DIVORCE STIPULATION AND AGREEMENT OF THE PARTIES D NOW, come Jeffrey Scott Banzhoff, Plaintiff, and Mary Beth Banzhoff, Defendant and agree that this Stipulation shall be entered as an Order of Court, and the parties agree as follows: 1. Defendant shall have exclusive possession of 2710 Eat R?segarden Boulevard, Mechanicsburg, Cumberla p nd CounCy, .. _., z 4 GP c- Pennsylvan ia 17055. -yam oo ? C?- 2. D?fendant shall make arrangements to obtain n ew canvas portraits of the parties' children identical to the,nvas portraits I removed by husband from the marital residence. 3. T? pi t? p? III?? 4. P of ie parties shall equally divide the cost of the new canvas )rtraits, and when the new canvas portraits are delivered Plaintiff, he shall return to Defendant the older canvas )rtraits in their frames. .aintiff shall provide to Defendant one week from the date filing this Stipulation copies of all of the pictures that he has of the children and family portraits, those pictures to be provided on CDs or in digital format. Respectfully Submitted, c Willia C. Felker, Attorn?y for Plaintiff ?IACWL'I -A.jzm Mary B h Banzhoff, Defenda t Mary A. Etter Di.ss.inger, Attorney for Defendant Mary A. Etter Counsel for M, Supreme Court 28 North 32nd Camp Hill, PA (717) 975-2840 (717)975-3924 Dissinger, Esq. ary Beth Banzhoff ID# 27736 Street 17011 - voice - fax ( TE,E PPBTi ON? J ,4-' 2011 APR 20 PM CUMBERLAND PENN5YLVAN11k JEFFRRY SCOTT BANZHOFF, Plaintiff VS. MARY BETH BANZHOFF, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL PERM : IN DIVORCE r `; L, MARY B. BANZHOFF, Plaintiff VS. JEFFREY S. BANZHOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 10-5374 MOTION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW comes Mary A. Etter Dissinger, Esq., of Dissinger & Dissinger, Attorney at Law, counsel for Mary Beth Banzhoff in the above matters and requests as follows: 1. 2. 3. Mary A. Etter Dissinger, Esq., counsel for Mary Beth Banzhoff, is Petitioner herein. Petitioner herein has represented Mary Beth Banzhoff as counsel of record in the divorce and custody matters. The Honorable Judge Albert Masland has previously presided over this matter. 4. On March 31, 2011, Petitioner herein received notice from Mary Beth Banzhoff that Petitioner's services as counsel were thereby terminated. (See correspondence dated 3/31/11, attached at Exhibit "A"). 5. Attorney William Felker, counsel for Jeffrey Banzhoff, has been notified of Petitioner's intent to file this Motion, and he does not oppose to the Motion. WHEREFORE, Petitioner, Mary A. Etter Dissinger, Esq., requests this Honorable Court to grant her Leave to Withdraw as Counsel for Mary Beth Banzhoff. Respectfully Submitted: Dissinger & Dissinger Mary/ A. Etter Dissingeg" Petitioner Supreme Court ID # 27736 28 N. 32" Street Camp Hill, PA 17011 (717)975-2840 - voice (717)975-3524 - fax +h EXHIBIT 3 IKIfl xlj 300188 11 JEFFERY SCOTT BANZHOFF, Plaintiff VS. MARY BETH BANZHOFF, Defendant MARY B. BANZHOFF, Plaintiff VS. JEFFREY S. BANZHOFF, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 10-1456 CIVIL `BERM : IN DIVORCE AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 10-5374 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the following persons United States Mail to: William C. Felker, Esq. P.O. Box 1401 Camp Hill, PA 17001 AND Mary Beth Banzhoff 2710 East Rosegarden Boulevard Mechanicsburg, PA 17055 Date: _?fl"J?'`? ?-? Mary A. Etter Dissinger, Esq. t t r JEFFERY SCOTT BANZHOFF, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. . : CIVIL ACTION MARY BETH BANZHOFF, : NO. 10-1456 CIVIL TERM Defendant : IN DIVORCE AND MARY B. BANZHOFF, IN THE COURT OF COMMON-jEA-4-- Plaintiff OF CUMBERLAND COUNTY zrn -?'v x M -?. PENNSYLVANIA z r rn e VS. rj (= (M I CIVIL ACTION - CUSTODY.<c:; - --1 G JEFFREY S. BANZHOFF, = Defendant NO. 10-5374 C: CO vn =, ORDER AND NOW this ?W day of rhf/ , 2011, it is HEREBY ORDERED that Attorney Mary A. Etter Dissi.nger's Motion for Leave to Withdraw As Counsel in the above matter is GRANTED. By the Court: S Distribution: 410)"A 'Mary A. Etter Dissinger, Esq. - 28 N. 32nd Street, Camp Hill, PA 17011 ? William Felker, Esq. - P.O. Box 1401, Camp Hill, PA 17001 L/ Mary Beth Banzhoff - 2710 East Rosegarden Boulevard, Mechanicsburg, PA 17055 • • • • IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, rr} PENNSYLVANIA JEFFERY SCOTT BANZHOFF • T, r = co T7 , • cn r Plaintiff • x - • V. : CIVIL ACTION - LAW c -- F r? {t MARY BETH BANZHOFF • : NO. 10.-1456 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on.March 2, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without Notice. 2. I understand that I may lose my rights concerning alimony, division of property,lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: �. J='`fy�� Scott Bar. off • • • • • IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY SCOTT BANZHOFF : • Plaintiff rim r : • El) XI v. : CIVIL ACTION- LAW MARY BETH BANZHOFF : "r' 2c 3 : NO. 10-1456 CIVIL TE1 E —4 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 2, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without Notice. 2. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7114 A-WA '-tat Mary Bet e anzhoff JEFFERY SCOTT BANZHOFF IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL DIVISION MARY BETH BANZHOFF 10-1456 : NO. CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: . r -.r tnnip -n r _µ Transmit the record,together with the following information,to the court for entry of a die co r-; u� I z decree: ..<> x- r" —,c.10 1. Ground for divorce: .4` Irretrievable breakdown under§ (3301(c))and § (3301(d)(1))of the Divorce Code. ;L� (Strike out inapplicable section.) . - ��, 2. Date and manner of service of the complaint: by certified,return receipt,restricted delivery United States first class mail. 3. Complete either paragraph(a)or(b). (a) Date of execution of the affidavit of consent required by§ 3301(c)of the Divorce code: by plaintiff01.17.2014 ; by defendant 01.17.2014 (b)(1)Date of execution of the affidavit required by§ 3301(d)of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None 5. Complete either(a)or(b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record,a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: 02.04.2014 Date defendant's Waiver of Notice was filed with the Prothonotary: 02.04.2014 . Attorney for Plain iff/Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA,.., JEFFERY SCOTT BANZHOFF m -ri : `z) CO -v Plaintiff • --C cz* , . rte= cM v. : CIVIL ACTION- LAW >(-) = µr' MARY BETH BANZHOFF : ., :NO. 10-1456 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I,MARY BETH BANZHOFF,defendant, accept service of the Complaint in Divorce filed March 2, 2010. A_ay.4- -/3clit al-i ) ] 4 Date Mary Be anzhoff : IN THE COURT OF COMMON PLEAS OF JEFFERY SCOTT BANZHOFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • MARY BETH BANZHOFF ; NO. 10-1456 CIVIL TERM DIVORCE DECREE AND NOW, rC Ae a 7 /-2 2O/9 it is ordered and decreed that JEFFERY SCOTT BANZHOFF , plaintiff, and MARY BETH BANZHOFF , 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 Court, S. r“,'11.2, T f�f/ tar— v f f .i , - Attest: J. - - - - _ Prothono itt eer1- ec pc1 ma i led -b p4 NoAice 4 copy►tea i icrl -iodebj 4414