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Home My WebLink About11-2981SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ^; - Sheriff Jody S Smith Chief Deputy Richard W Stewart ;, . Solicitor David H. Weyant Case Number vs. 2011-2981 Crystal M. Weyant SHERIFF'S RETURN OF SERVICE 03/11/2011 03:38 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2011 at 1538 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Crystal M. Weyant, by making known unto herself personally, at 138 Easterly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.44 March 14, 2011 RONALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF FILED-OFFICE OF THE PROTHONOTARY 1011 APR - I PM 1: 25 CUMBERLAND COUNTY PENNSYLVANIA DAVID H. WEYANT, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 11-2981 CIVIL CRYSTAL M. WEYANT, § CIVIL ACTION - LAW Defendant § PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Crystal M. Weyant. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Tabetha A. Tanner, Esquire Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 Date: 3 '51/ ? 4 a Tabetha A. Tanner, Esquire DAVID H. WEYANT, § Plaintiff § V. § CRYSTAL M. WEYANT, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 11-2981 CIVIL CIVIL ACTION - LAW DEFENDANT'S ANSWER TO COMPLAINT AND NOW, comes the Defendant, Crystal M. Weyant, by and through her attorney, Tanner Law Offices, LLC and Answer's Plaintiff's Complaint as follows: n -21 1. Admitted. °..,, ter, ? ?? 2. Admitted. 0'-p ?? yy 3. Admitted. • 41 ? 1 ? ?t N IwJ 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. ll. Admitted. 12. Admitted in part. Denied in part. It is admitted that Defendant filed a Complaint for support. It is denied that said filing was in violation and/or a breach of the Agreement. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Defendant is without sufficient information and belief to respond to this assertions contained in this paragraph. 19. Defendant is without sufficient information and belief to respond to the assertions contained in this paragraph. 20. Defendant is without sufficient information and belief to respond to the assertions contained in this paragraph. 21. Admitted. 22. Denied. Strict proof thereof is demanded at trial. 23. Defendant is without sufficient information and belief to respond to the assertions contained in this paragraph. 24. Admitted. 25. Admitted. 26. Defendant is without sufficient information and belief to respond to the assertions contained in this paragraph. 27. Denied. 28. Denied. 29. It is denied that Defendant breached the agreement. Defendant is without sufficient information and belief to respond to the remaining allegations contained in this paragraph. 30. Defendant is without sufficient information and belief to respond to the assertions contained in this paragraph. 31. Denied. Answering further, when presented with the spousal waiver executed by the parties on November 30, 2010, Defendant fully cooperated. Had Plaintiff presented such a waiver to Defendant on or after January 2010, Defendant would also have cooperated. Plaintiff did not present Defendant with any such waiver and in fact, stated to Defendant that since the cost was minimal to him, he did not mind maintaining her on the policy. 32. Denied. Answering further, Plaintiff voluntarily maintained coverage for Defendant; he was not forced to do so. 33. Denied. 34. Defendant is without sufficient information and belief to respond to the assertions contained in this paragraph. 35. Defendant is without sufficient information and belief to respond to the assertions contained in this paragraph. 36. Denied. 37. Denied. 38. Denied. 39. Denied. 40. Denied. 41. Denied. 42. Denied. 43. Denied. Answering further, nothing in the Agreement permits an award of counsel fees in the event of an alleged breach and an award of counsel fees at this time would not comply with the purpose of 23 Pa. C.S.A. 3502 which is to "effect compliance" with the Agreement. Furthermore, the alleged violations do not pertain to a distribution of marital property, therefore, even if the Court were to find in favor of Plaintiff, the provisions of 23 Pa. C.S.A. 3502 are inapplicable to the circumstances of this case. 44. Defendant is without sufficient information and belief to respond to the assertions in this paragraph. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice. Respectfully Submitted, :]/? 4 -/Vt';Vv? Tabetha A. Tanner, Esquire Attorney for Defendant PAID No. 91979 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 VERIFICATION I verify that the statements made in this Answer to Complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. '4904 relating to unsworn falsification to authorities. C-) -L1i 21 ZZ Date Cry tal Weyant TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 DAVID H. WEYANT, § Plaintiff § V. § CRYSTAL M. WEYANT, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 11-2981 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Defendant's Answer to Complaint filed in the above-captioned matter upon the following person(s) addressed as follows: Ms. Mary A. Etter Dissinger, Esqurie Dissinger and Dissinger 28 North 32 n1 Street Camp Hill, PA 17011 Respectfully submitted, TJP: 3/31A Tabetha A. Tanner4 _Iaot4? , Esquire Supreme Court I.D. No.: 91979 DAVID H. WEYANT, Plaintiff § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA v, § NO. 11-2981 CIVIL , -;.~ § : ~: CRYSTAL M. WEYANT, § CIVIL ACTION -LAW ,_. Defendant § Jam` ~- ~~~ ~ ~._ _., • ~:. ~~~ :~ ~., ~ : . .~.. ~ - ~: SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT PURS~i~N~`~T(~" RULE 1O12B1(2)(iil TO THE PROTHONOTARY: Ms. Crystal Weyant, Defendant, in the above referenced action is representing herself pro se. Please enter her appearance on behalf of the Defendant in this matter. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers maybe served at the address set forth below. Crystal Weyant 138 Easterly Drive Mechanicsburg PA 17050 Date: ~l~"/ ~ - ~~ PRAECIPE FOR WITHDR TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Defendant, Crystal Weyant. 1 `~ ~• Date: '1 19~ ~ / ,c.~!/JQ/'/l.P.~, Tabetha A. Tanner, Esquire Mary A. Etter Dissinger, Esq. Counsel for David H. Weyant Supreme Court ID# 27736 28 North 32nd Street Camp Hill, PA 17011 (717)975-2840 - voice (717)975-3924 - fax .,' C; , ` ' ", ' p 7 A% hit I" L t, DAVID H. WEYANT, :IN OF THE COURT CUMBERLAND OF COMMON COUNTY, PLEAS PENNSYLVANIA Plaintiff : VS. :CIVIL ACTION CRYSTAL M. WEYANT, Defendant :NO. 11-2981 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Mary A. Etter Dissinger, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim for the Plaintiff in the action is $23,000.00. 3. The counterclaim of the Defendant in the action is $0.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Tabetha Tanner, Esq. -- counsel for Defendant Linda Clotfelter, Esq. - prior counsel for Defendant Melanie Erb, Esq. - prior counsel for Defendant t? E . WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RESPECTFULLY SUBMITTED, Mary A. Etter Supreme Court 28 N. 32nd St Camp Hill, PA (717)975-2840 (717)975-3924 Dissinge(i, Esq. ID# 27736 reet 17011 - voice - fax a DAVID H. WEYANT, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :CIVIL ACTION CRYSTAL M. WEYANT, . Defendant :NO. 11-2981 CERTIFICATE OF SERVICE I, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the following persons, Tabetha Tanner, Esquire and Crystal Weyant by First Class United States Mail addressed as follows: Tabetha Tanner 1300 Market Street, Suite 10 Lemoyne, PA 17043 and Crystal Weyant 138 Easterly Drive Mechanicsburg, PA 17050 '?? f1?_ Date: Mary A. Etter Dissing r Attorney for David H. Weyant DAVID H. WEYANT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 11 -2981 CIVIL CRYSTAL M. WEYANT, Defendant ORDER AND NOW, this P2 day of April, 2014, the appointment of Daniel Jamison, Esquire, as a member of the Board of Arbitrators in the above - captioned case is VACATED. Robert Hawn, Esquire, is appointed in his place. ug1as Marcello, Esquire Chairman Court Administrator — p :rlm Co y frt, t LeL 4,0fri ry BY THE COURT, n -Y- Mary A. Etter Dissinger, Esq. 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 - Voice (717) 975-3924 - Fax DAVID H. WEYANT, Plaintiff vs. CRYSTAL M. WEYANT, Defendant r!LEDOFFICiT THEPROT [101•--1 0TA f,'•( 2014 me 22 AM tr: 35 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 11-2981 : IN DIVORCE MOTION TO ENTER STIPULATION AND ORDER And now comes Mary A. Etter Dissinger, attorney for David H. Weyant and requests the Court to enter the attached Stipulation as an Order of Court, and in support of the Motion avers as follows: Plaintiff is David H. Weyant who is represented by Mary A. Etter Dissinger, Esquire. 2. Defendant is Crystal M. Weyant who is represented by Tabetha A. Tanner, Esquire. The parties have settled the above captioned matter as set forth in the attached Stipulation. (See copy attached as Exhibit "A".) 4. The parties wish this Stipulation to be made an Order of Court. 5. Plaintiff requests this Honorable Court to make this Motion an Order of Court in the form attached. (See Exhibit "B".) 6. Defendant's counsel has been notified of this Motion and concurs with its filing. Wherefore, the Plaintiff respectfully requests the attached Order be made an Order of Court. Respectfully Submitted: Dissinger & Dissinger c't=AA--q Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 North 32nd Street Camp Hill, PA 17011 (717)975-2840 DAVID H. WEYANT, Plaintiff v. CRYSTAL M. WEYANT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-2981 CIVIL ACTION - LAW AGREEMENT AND STIPULATION TO SETTLE CIVIL ACTION AND NOW, this a / S day of A% �- , 2014, David H. Weyant, a resident of Camp Hill, Pennsylvania (hereinafter referred to as "Plaintiff') and Crystal M. Weyant, a resident of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Defendant"), having reached an agreement to mutually settle and resolve the issues raised in the Complaint filed in the Court of Common Pleas of Cumberland County on March 10, 2011, there parties hereto desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS, on March 10, 2011 Plaintiff filed a Complaint regarding the enforcement of a September 9, 2009 Agreement between the parties; and WHEREAS, the parties are scheduled to appear before a Board of Arbitrators on May 22, 2014 in order to resolve the issues raised in said Complaint; and WHEREAS, the parties, having reached an agreement regarding the issues raised in said Complaint, are desirous of avoiding further legal proceedings and are desirous of entering into a Stipulation for entry as a court Order. NOW THEREFORE, it is hereby agreed and stipulated by the parties as follows: 1. Defendant shall pay to Plaintiff the sum of One Thousand, Five Hundred Dollars ($1,500) on or before June 5, 2014. 2. Plaintiff shall accept the payment on One Thousand, Five Hundred Dollars ($1,500 as full and final satisfaction of any and all issues arising out of the September 9, 2009 EXHIBIT b A agreement between the parties. 3. The parties agree and understand that said payment is not an admission of any liability with regard to this action. 4. The parties hereby agree that the terms of this Agreement and Stipulation have been completely read and are fully understood and that the terms are voluntarily accepted for the purpose of a full and final settlement of any and all claims arising out of the September 9, 2009 agreement. 4. Upon the execution of this Agreement, Plaintiff shall promptly have this matter marked as settled and discontinued. 5. Both parties have had the benefit of counsel with Plaintiff having been represented , by Attorney Mary A. Etter Dissinger with offices in Camp Hill, PA and Defendant having been represented by Attorney Tabetha Tanner with offices in Camp Hill, PA. 6. The parties hereby agree that the terms herein shall be entered as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. David H. Weyant, Plai ^ iff DATE Mary A. Iter Dissinger, Esquire Attorney for Plaintiff (/3t) Cry tal M. Weyant, D dant DATE /// DAT Zwit,- a/Y1/710. 5/�/y Tabetha A. Tanner, Esquire DATE Attorney for Defendant Mary A. Etter Dissinger, Esq. 28 North Thirty Second Street Camp Hill, PA 17011 (717) 975-2840 - Voice (717) 975-3474 - Fax DAVID H. WEYANT, Plaintiff vs. CRYSTAL M. WEYANT, Defendant And now this : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 11-2981 : IN DIVORCE ORDER day of , 2014, the attached Stipulation of the parties dated May 21, 2014 is hereby made an Order of Court. By the Court: J. Distribution: Court Administration Mary A. Etter Dissinger, Esq., 28 North 32' Street, Camp Hill, PA 17011 Tabetha A. Tanner, Esq., 3507 Market Street, Suite 303, Camp Hill, PA 17011 EXHIBIT Mary A. Etter Dissinger, Esq. 28 North Thirty Second Street Camp Hill, PA 17011 (717) 975-2840 - Voice (717) 975-3474 - Fax DAVID H. WEYANT, Plaintiff vs. CRYSTAL M. WEYANT, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 11-2981 : IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the following by First Class United States mail addressed as follows: Date: Tabetha A. Tanner, Esq. 3507 Market Street Suite 303 Camp Hill, PA 17011 Mary A. Etter Dissinger Mary A. Etter Dissinger, Esq. 28 North Thirty Second Street Camp Hill, PA 17011 (717) 975-2840 - Voice (717) 975-3474 - Fax DAVID H. WEYANT, Plaintiff vs. CRYSTAL M. WEYANT, Defendant TUc IOTHON0 'arm JUN —3 AM10:1 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 11-2981 : IN DIVORCE ORDER And now this 34 day of , 2014, the attached Stipulation of the parties dated May 21, 2014 is hereby made an Order of Court. By the Court: Al Distribution: Court Administration 1ary A. Etter Dissinger, Esq., 28 North 32' Street, Camp Hill, PA 17011 -fabetha A. Tanner, Esq., 3507 Market Street, Suite 303, Camp Hill, PA 17011 Co :esaz.w.i.EL witt -1- 0 DAVID H. WEYANT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CRYSTAL M. WEYANT, Defendant : CIVIL ACTION — LAW : NO. 11-2981 CIVIL ORDER AND NOW, this / y• day of August, 2014, the appointment of a Board of Arbitrators in the above -captioned case is VACATED. Douglas Marcello, Esquire, Chairman, shall be paid the sum of $50.00. Douglas Marcello, Esquire Court Administrator :rim Lfyii&c(Id 7Ayyc% BY THE COURT,