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HomeMy WebLinkAbout10-3779S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE SCHMUCK, CASE NO. t- 3775 rn,, c? i^ M. . C MELISSA LEE SCI&CK, CIVIL ACTION -LAW r . , d Defendant IN DIVORCE C. 00 C NOTICE TO DEFENDANT You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree in divorce or annulment may be 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 Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage you may request marriage counseling. A list of marriage counselors is available in the Office at the Prothonotary at the Cumberland County Courthouse, 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 32 South Bedford Street,-,, Carlisle, PA 17013 Telephone (717) 249-Y U'Hanover Co6ver, Esquire yID 93285 Street Carlisle, PA 17013 fa- 2q& a AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT: Date: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE SCHMUCK, V. MELISSA LEE SCHMUCK, Defendant CASE NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Horace Schmuck who currently resides at 249 W. Ridge Street, Carlisle, Pennsylvania. 2. Defendant is Melissa Lee Schmuck, who currently resides at 249 W. Ridge Street, Carlisle, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on July 23, 1999. 5. Plaintiff and Defendant separated on May 18, 2009. 6. There have been no prior actions commenced for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Plaintiff has been advised of counseling and that he may have the right to request the Court to require the parties to participate in counseling. COUNT 1 3301(c) IRRETRIEVABLE BREAKDOWN 7. Paragraphs 1 through 6 are incorporated herein by reference. 8. The marriage is irretrievably broken and the parties are estranged due to marital difficulties with no reasonable expectation of reconciliation. 9. Plaintiff requests the Court to enter a decree in divorce. WHEREFORE, Plaintiff prays this Honorable Court to issue an Order dissolving the marriage between the parties. Sheri P. Coover, Esquire tto ey ID 93285 Hanover Street Carlisle, PA 17013 (717) 960-0075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE SCHMUCK, V. MELISSA LEE SCHUCK, Defendant : CASE NO. : CIVIL ACTION -LAW : IN DIVORCE VERIFICATION I, Horace Schmuck hereby state that I am the plaintiff in the foregoing action and that the facts contained herein are true, correct and accurate to the best of my knowledge, information and belief. I further understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. f ? Horace Schmuck WXDate: T e i'~. ~~~' ,.~~ ~'c HORACE SCHMUCK, Plaintiff v. C~l~~' ; ~,, QTY ~Fi`.li . )' :~: ,! fir" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MELISSA LEE SCHMUCK, NO. 2010-3779 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Sheri D. Coover, Esquire acknowledge that on 1 Z~ ~ ? ~ I received an Answer to Complaint in Divorce and New Matter in the above captioned action and acknowledge that I am authorized to do so on behalf of the Plaintiff, Horace Schmuck. Date: ~ ~ Z ~r S rr~. Coover, Esquire torney for Plaintiff 44 South Hanover Street Carlisle, PA 17013 HORACE SCHMUCK, PLAINTIFF V. MELISSA LEE SCHMUCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3779 CIVIL IN RE: PETITION FOR MARRIAGE COUNSELING ORDER OF COURT AND NOW, this 5~' day of August, 2010, upon consideration of the Defendant's Petition for Marriage Counseling, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before August 20, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A brief hearing on the matter will be held on Monday, August 23, 2010, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ~~ /Sheri D. Coover Es uire q Attorney for Plaintiff ~/ Hannah Herman-Snyder, Esquire Attorney for Defendant bas l~o"J ~ ES ~t S ~ s ~v ~~ ~r~ M. L. Ebert, Jr., V a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE SCHMUCK, CASE NO. 10-3779 Plaintiff r7 ^,' c~ ~ - , V. :CIVIL ATION -LAW ~~'~ .~_ -.~ ^~ IN DIVORCE - ~' ___ !!-T-, MELISSA LEE SCHMUCK, `' ` Defendant ~ ~ w ~. f. ~... .. -. AFFIDAVIT OF SERVICE ~ s ~ ~ T I, Sheri D. Coover, Esquire hereby certify that I did serve a true and correct copy of the Complaint in Divorce upon the Defendant, Melissa Lee Schmuck by depositing or causing to be deposited in the U.S. mail, certified, restricted delivery, postage prepaid on Melissa Lee Schmuck at Cazlisle, Pennsylvania addressed as follows: Melissa Lee Schmuck 249 W. Ridge Street Carlisle, PA 17013 Return card acknowledging receipt on June 10, 2010 is attached as Extubit "A. submitted, Seri D'. Coaver, Esquire ttorney ID 93825 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE SCHMUCK, CASE NO. 10-3779 Plaintiff v. CIVIL ATION -LAW IN DIVORCE MELISSA LEE SCHMUCK, Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this Sm day of August, 2010, I caused the foregoing AFFIDAVIT OF SERVICE to be served upon the Defendant by United States First Class mail addressed as follows: Hannah Herman-Snyder Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 submitted, ~S~feri"D. Coover, Esquire Attorney ID 93825 44 S. Hanover Street Carlisle, PA 17013 r r 2' t. N LL r M€ LL N a .~ . .:~`, . ,- ~I ~ . c C f 0 AU& 1 7 ~!~ ~.: l 3 „. HORACE SCHMUCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW MELISSA LEE SCHMUCK, NO. 2010-3779 CIVIL TERM Defendant IN DIVORCE PETITION TO CANCEL HEARING AND NOW comes Defendant, Melissa Lee Schmuck, by and through her attorney of record, Hannah Herman-Snyder, Esquire and the law firm of Griffie and Associates and avers as follows: 1. On or about July 30, 2010, undersigned counsel filed a Petition for Marriage Counseling on behalf of Defendant, Melissa Lee Schmuck. 2. On August 5, 2010, the Court issued an Order scheduling a hearing for August 23, 2010 at 10:00 a.m. 3. Defendant wishes to withdraw her request for said hearing and for marriage counseling. 4. The undersigned is filing a Praecipe to Withdraw Petition for Marriage Counseling simultaneously with this Petition. 5. Judge M. L. Ebert, Jr. has previously ruled in this matter. 6. Counsel for Plaintiff, Sheri D. Coover, Esquire concurs in the requested relief. WHEREFORE, Defendant, Melissa Lee Schmuck, requests that the Court cancel the hearing regarding the Petition for Marriage Counseling scheduled for August 23, 2010 at 10:00 a.m. Respectfully Submitted, ~~~ ~~~ ~ ~mt~ ~.~ Hannah Herman-Snyder, Esquir~ GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I 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. Section 4904, relating to unsworn falsifications to authorities. DATE: L- M ISSA L. SCHMUCK, Defendant HORACE SCHMUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• :CIVIL ACTION -LAW MELISSA LEE SCHMUCK, NO. 2010-3779 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ~ ~i `~ day of August, 2010, cause a copy of Defendant's Petition to Cancel Hearing to be served upon Plaintiff/Respondent by serving his attorney of record, Sheri D. Coover, Esquire, by first-class mail, postage prepaid at the following address: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 DATE: ~ - 1'1 - t p Hannah Herman-Snyder, Esqui Attorney for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ,_ ~ o r - ~ '~ T ~ ~E~F~~~ ~7 ~~ ~~ ~.3 i^~~ ~ ,~V j S, HORACE SCHMUCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MELISSA LEE SCHMUCK, Defendant TO THE PROTHONOTARY: CIVIL ACTION -LAW NO. 2010-3779 CIVIL TERM IN DIVORCE Please withdraw the Petition for Marriage Counseling filed on behalf of Melissa Lee Schmuck on July 30, 2010 in the above captioned matter. "~.t-~3 DATE Respectfully Submitted, ~n K ~l~~u-` SZ~m+q~l~ Hannah Herman-Snyder, Esq re Attorney for Defendant GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 'AII - r% .?r,,,, rl)- ao ?u R uG l q r?/n 3: 3q f HORACE SCHMUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW MELISSA LEE SCHMUCK, NO. 2010-3779 CIVIL TERM Defendant IN DIVORCE ORDER OF COURT qI? AND NOW, this 1 day of August, 2010, upon consideration and review of the attached Petition to Cancel Hearing, it is hereby ORDERED that the hearing scheduled for August 23, 2010 at 10:00 a.m. is cancelled. Cc: ? Sheri D. Coover, Esquire Counsel for Plaintiff - Hannah Herman-Snyder, Esquire Counsel for Defendant Cor I *c S? e-YL?z (LL 8/r g Ito L:1yq By the Court, HORACE SCHMUCK VS. MELISSA LEE SCHMUCK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 10-3779 CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Sheri D. Coover, Esquire, as Attorney of record for Horace Schmuck, Plaintiff, in the above-captioned matter. Date: Respectfully Submitted: S Coover, Esquire ._: S. Hanover St. Carlisle, PA 17013 (717) 960-0075 Supreme Court I.D. # 93285 Pe enter the appearance of Mark F. Bayley, Esquire, as Attorney of record for Horace ,Sch_cl??laintiff, in the above captioned matter. Respectfully Submitted: Date: L//,- Mark F. Bayley, Es 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 HORACE SCHMUCK : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10-3779 CIVIL ACTION -LAW MELISSA LEE SCHMUCK IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Hannah Herman-Snyder, Esquire 200 N. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire 44 S. Hanover St. Carlisle, PA 17013 Mark F. Bayley, Esquire Dated: THE BAYLEY & MANGAN 2011 HA Y _ 4 Mark F. Bayley, Esquire P? 2: r1 Attorney I.D. #: 87663 t h S S ', ?w UMB RANG tree out 17 West PA 17013 l . ; I F. t Carlis e, r i i (717) 241-2446 HORACE SCHMUCK : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 10-3779 : CIVIL ACTION -LAW MELISSA LEE SCHMUCK : IN 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 of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 3?.Sv?? a h elo r4r-Ye K ? zSF?77/ IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities 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. BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 HORACE SCHMUCK : IN THE COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3779 CIVIL ACTION - LAW MELISSA LEE SCHMUCK : IN DIVORCE PLAINTIFF'S PETITION FOR ADDITIONAL CLAIMS AND NOW, comes the Plaintiff, Horace Schmuck, by and through his attorney, Mark F. Bayley, and includes the following counts on behalf of Plaintiff: COUNT 2 - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY PURSUANT TO SECTIONS 3104 AND 3502 OF THE DIVORCE CODE The averments previously set forth in Plaintiffs Complaint Under Section 3301(c) of the Divorce Code filed June 7, 2010 are herein incorporated. 2. The parties acquired property and assets during their marriage from the date of said marriage until the date of separation. 3. The parties have been unable to agree as to an equitable distribution of said property and assets. 4. The Plaintiff requests the Court to equitably distribute the property and assets. WHEREFORE, Plaintiff respectfully requests an Order to be entered distributing the marital estate as the Court deems equitable and just. , /- .1-1 ", ? ? Date: Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Es ire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff r Y' HORACE SCHMUCK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10-3779 CIVIL ACTION -LAW MELISSA LEE SCHMUCK IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: , Mark F. Bayley, Esquire 11, HORACE SCHMUCK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10-3779 CIVIL ACTION -LAW MELISSA LEE SCHMUCK IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Hannah Herman-Snyder, Esquire 200 N. Hanover St. Carlisle, PA 17013 ark F. Bayley, Esquire ?- l Dated: FILED-OFFICE L `F T640i--J0 TA BAYLEY & MANGAN Mark Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 HORACE SCHMUCK vs. MELISSA LEE SCHMUCK 2011 JU -9 AM I{, 35, CUMBERLAND COUNT { PFHNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3779 CIVIL ACTION -LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated in July 2009 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. ?u?rc ill -f? Date: Horace Schmuck, Plaintiff FILED-OFFICE THE PR..OTITNOTARY, 1_01 I JUN 23 Ate 9: 15 C CUMBERLAND COUNTY PEptiSYL° I AN Ill HORACE SCHMUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW MELISSA LEE SCHMUCK, NO. 2010-3779 CIVIL TERM Defendant IN DIVORCE PETITION FOR ECONOMIC RELIEF: ALIMONY, COUNSEL FEES, EXPENSES AND COSTS AND NOW comes Petitioner, Melissa L. Schmuck, by and through her counsel of record, Hannah Herman-Snyder, Esquire and the law firm of Griffie and Associates and petitions this Honorable Court as follows: 1. Petitioner is the above named Defendant, an adult individual currently residing at 249 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Plaintiff, Horace Schmuck, an adult individual currently residing at 400 Lauren Lane, Sadsburyville Chester County, Pennsylvania. 3. The parties hereto are Husband and Wife, having been joined in marriage on July 23, 1999. GZ.N.A' IL 1ol.00 Pd oaki e_V_ k; a3g4 4. Petitioner is without sufficient property and otherwise unable to financially support herself through appropriate employment. 5. Petitioner is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 6. Respondent is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony alimony for the Petitioner. 7. Respondent has been advised of the filing of this Petition via his attorney of record, Mark F. Bayley, Esquire, via first class mail, postage prepaid. WHEREFORE, Petitioner requests your Honorable Court to enter an Order requiring Respondent to pay for Petitioner's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony to Petitioner. Respectfully Submitted, N6 k -J a1N, - ,.A ()- Hannah Herman-Snyder, Esqu e Attorney for Defendant/Petitioner Attorney ID# 91537 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I 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. Section 4904, relating to unsworn falsifications to authorities. DATE: ISSA L. SCHMUCK, Defendant/Petitioner HORACE SCHMUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION -LAW MELISSA LEE SCHMUCK, NO. 2010-3779 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the a3 r 4 day of June, 2011, cause a copy of Defendant/Petitioner's Petition for Economic Relief: Alimony to be served upon Plaintiff/Respondent by serving his attorney of record, Mark F. Bayley, Esquire, by first-class mail, postage prepaid at the following address: Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 DATE: (t -13 -?j Hannah Herman-Snyder, Esqui? Attorney for Defendant/Petitioner Attorney ID#91537 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 THE THE ROTHOM, BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 HORACE SCHMUCK VS. MELISSA LEE SCHMUCK 2011 JUN 23 AM 9: f 4 ';UMBERLAND GIUUN _, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 10-3779 CIVIL ACTION - LA IN DIVORCE COUNTER-AFFIDAVIT UNDER 43301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): the parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievable broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. k'-*'(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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: o1?o2cYl lissa Lee Schmuck, Defendant IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECRREE, AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF. YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 HORACE SCHMUCK, Plaintiff VS. MELISSA LEE SCHMUCK, Defendant 'EL -OED ICS THE rROTHO 'O P , ' 2011 OCT -6 Pty 3: 35 `tUMBERL.AND COUrN "' PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 10-3779 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S ANSWERS TO DEFENDANT'S PETITION FOR SPECL4L RELIEF FILED ON OR AROUND OCTOBER 4, 2011 AND NOW comes the Plaintiff, Horace Schmuck, by and through his attorney, Mark F. Bayley, and answers Defendant's Petition as follows: 1. Admitted. 2. It is denied that Plaintiffs (hereafter "Husband") address is unknown to Defendant (hereafter "Wife"); he provided his address to Wife and her counsel at a recent support conference as follows: 400 Lauren Lane, Sadsburyville, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Husband admits he is currently unemployed. It is denied that his loss of employment is by his own doing and he has been making diligent efforts to find new employment; by way of further answer Wife has not held employment since approximately 2001 to date. 8. Admitted. By way of further answer Husband had no income leading up to the September 22, 2011 conference which made it fairly difficult to offer to pay anything towards arrears at that time. By way of further answer Husband's arrears are subject to potential change based upon a pending appeal with regard to the last support conference recommendation. 9. This paragraph consists of allegations regarding negotiations between the parties which are not relevant towards the matter at hand; therefore, no response is necessary. 10. This paragraph consists of allegations regarding negotiations between the parties which are not relevant towards the matter at hand; therefore, no response is necessary. 11. This paragraph consists of allegations regarding negotiations between the parties which are not relevant towards the matter at hand; therefore, no response is necessary. 12. This paragraph consists of allegations regarding negotiations between the parties which are not relevant towards the matter at hand; therefore, no response is necessary. 13. Admitted. 14. This paragraph consists of allegations regarding negotiations between the parties which are not relevant towards the matter at hand; therefore, no response is necessary. 15. Denied. 16. Admitted. 17. Admitted. NEW MATTER 18. Previous averments are incorporated herein. 19. Both parties currently have no income. 20. There is an outstanding marital credit card balance that Husband has been dealing with since the parties separation. 21. Both parties are currently in financial ruin; utilizing Husband's 401K funds now would be to the benefit to both parties and their children. 22. Husband proposes to liquidate the 401K account, payoff the balance of the remaining marital credit card account, and to split the remaining funds between the parties. 23. Husband proposes to let the Divorce Master allocate this asset appropriately upon final disposition of the matter. WHEREFORE, Husband respectfully requests that a hearing be schedule with regard to the matter and that an Order subsequently be issued authorizing him to liquidate the 401 K account, use the proceeds to pay-off the remaining balance on a marital credit card, and to split the remaining balance between the parties. o„elb-6-[ ! Respectfully submitted, BAYLEY & MANGAN \ A,? Mark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff HORACE SCHMUCK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10-3779 CIVIL ACTION -LAW MELISSA LEE SCHMUCK IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. V / Date: D I Mark F. Bayley, Esquire HORACE SCHMUCK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10-3779 CIVIL ACTION -LAW MELISSA LEE SCHMUCK IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Hannah Herman-Snyder, Esquire 200 N. Hanover St. Carlisle, PA 17013 Dated: L o- ? L/0K Mark -P. Bayley, Es ire HORACE SCHMUCK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10-3779 CIVIL ACTION -LAW MELISSA LEE SCHMUCK, IN DIVORCE Defendant ORDER OF COURT AND NOW, this , day of , 2011 a hearing is scheduled for the day of , 2011 in Court Room # in relation to Defendant's Petition for Special Relief and Plaintiff's Answer thereto. Plaintiff shall not disturb his Vitran Express, Inc., 401 K account pending agreement by the parties or further Order of Court. BY THE COURT: J. cc: Mark F. Bayley, Esquire Hannah Herman-Snyder, Esquire HORACE SCHMUCK VS. MELISSA LEE SCHMUCK : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3779 CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT AND NOW, this day of 2011, it is hereby directed as follows: 1. Plaintiff shall liquidate his Vitran Express, Inc., 401 K account. 2. With the proceeds from said account Plaintiff shall pay the remaining balance in relation to the parties' joint marital credit card. 3. The remaining proceeds and relating tax liability shall be equally split between the parties. 4. The Court reserves the right to adjust the above allocation accordingly upon final equitable distribution of the parties' marital estate. BY THE COURT: J. cc: Mark F. Bayley, Esquire Hannah Herman-Snyder, Esquire HORACE SCHMUCK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA LEE SCHMUCK, DEFENDANT NO. 10-3779 CIVIL ORDER OF COURT AND NOW, this 20th day of October, 2011, after status conference in the above captioned matter concerning Melissa Schmuck's Petition for Special Relief and Horace Schmuck's Answer thereto with New Matter; and counsel for Horace Schmuck having indicated that the Vitran Express, Inc. 401(k) plan has not been cashed in and that it will not be cashed in in accordance with this Court's Order of October 7, 2011, and the parties having concurred that no hearing is now required in the matter; IT IS ORDERED AND DIRECTED that no hearing will be conducted; and Horace Schmuck shall not remove any moneys from his Vitran Express, Inc. 401(k) plan pending resolution of the parties support and divorce actions, or further Order of Court. By the Court, - 1?\t_ M. L. Ebert, Jr., Mark Bayley, Esquire d r.. Attorney for Plaintiff Hannah Herman-Snyder, Esquire IoI? IpY$ --? ,r Attorney for Defendant bas :? ?? 6 in HORACE SCHMUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW MELISSA LEE SCHMUCK, : NO. 2010-3779 CIVIL TERM Defendant : IN DIVORCE rri C7- Cry -C Co PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, Date: a X32-1 ) W I +�.a�. `s\AL\Av�►w. 5.A Pktit\ Hannah Herman-Snyder, Esquire 1 Supreme Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 ENTRY OF APPEARANCE Please enter my appearance as the Defendant, Pro Se, in the above-captioned matter. Respectfully submitted, Date:/d o2- S issa Schmuck 49 West Ridge Street Carlisle, PA 17013 (717) 609-6694 HORACE SCHMUCK, • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW MELISSA LEE SCHMUCK, : NO. 2010-3779 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ;,1'$i k day of October, 2013, cause a copy of the Praecipe to be served upon Plaintiff by serving his attorney of record, Mark F. Bayley, Esquire, via first class mail,postage prepaid at the following address: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 DATE: \ o- " °a1 dal. r. -.5kt4tA Hannah Herman-Snyder, Esquire Attorney for Defendant Supreme Court ID No. 91537 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551