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Home My WebLink About02-1248NM 1 DANIEL LEE SMYSER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW C7- : ._: NO. 2002 - 1248 CIVIL TERM ca DENISE ANN SMYSER, Defendant : IN DIVORCE ° { PETITION FOR RULE TO SHOW CAUSE NOW comes Harold S. Irwin, Ill, Esquire, attorney for plaintiff, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is DANIEL LEE SMYSER, plaintiff in this action, an adult individual residing at 50 Bonnybrook Road, Lot 48, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is DENISE ANN GINTER (formerly Denise Ann Smyser), defendant in this action, an adult individual residing at 279 Meadows Road, Newville, Cumberland County, Pennsylvania 17241. 3. Prior to the parties divorce, the parties entered into a marital settlement agreement. Both were represented by legal counsel and the agreement was recorded before the Cumberland County Divorce Master. A copy of the agreement is incorporated herein by reference and attached hereto as Exhibit "A". 4. Paragraph one of the agreement provided that respondent was to become the sole owner of the parties jointly owned 1994 Shadow Ridge mobile home and that she would refinance the loan on the mobile home into her name alone. In addition, the agreement provided that she would attempt the refinancing with at least two institutions every six months until the refinancing was accomplished 5. To date, nearly eleven years after the execution of the agreement, respondent has not refinanced the loan in her own name and petitioner believes that respondent has ceased all efforts to attempt to do so. 6. As a result, petitioner continues to be unable to move on with his life financially and has been unable to obtain mortgage financing to purchase a home for himself due to his legal liability on the mobile home loan. 7. Meanwhile, respondent has remarried, has not resided in the mobile home for years, and is renting it to third parties. 8. Petitioner believes and therefor avers that the current situation has long been contrary to the parties' agreement, both in its terms and its spirit, which clearly contemplated release of petitioner from the loan in a reasonable period of time. 9. Petitioner has requested that respondent either refinance the loan or market it for sale to third parties, but respondent has refused and continues to refuse to do so. WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the respondent to show cause why she should not be required to specifically perform the terms of the parties' marital settlement agreement or be required to obtain the release of plaintiff's liability on the loan for the parties mobile home. September 30, 2014 04All HAROLD S. IRWIN, I I Attorney for petitioner 64 South Pitt Street Carlisle, PA 17013 (717) 319-7560 Supreme Court ID No. 29920 VERIFICATION The facts stated in this petition are known to petitioner's counsel, Harold S. Irwin, Ill, who certifies that he is authorized to execute this verification on behalf of petitioner. The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. September 2014 DAN ,� DAN L LEE Petitioner HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 319-7560 ATTORNEY FOR PLAINTIFF 11LEE)-OFFIC,: iF THE PROTHONOTARY 2014 OCT -7 AM 28 CUMBERLAND COUNTY PENNSYLVANIA DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2002 - 1248 CIVIL TERM Defendant : IN DIVORCE ORDER OF COURT NOW, this 1 day of (9t )941? -a— , 2014, on petition of the plaintiff and on motion of Harold S. Irwin, Ill, Esquire, attorney for plaintiff, a rule is hereby issued upon defendant to show cause why she should not be required to specifically perform the terms of the parties' marital settlement agreement or be required to obtain the release of plaintiffs liability on the loan for the parties mobile home. Rule returnable ZO days after service upon defendant's attorney of record, Diane M. Dils, Esquire, by certified mail. By the Court, -1E -PROTHONOTARY 2014 0CT 30 Pii CUMBERLAND COUNTY PENNSYLVANIA LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney LD. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Denise Ann Smyser DANIEL LEE SMYSER, Plaintiff Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1248 Civil Term DENISE ANN SMYSER, CIVIL ACTION- LAW Defendant IN DIVORCE ANSWER TO PETITION FOR RULE TO SHOW CAUSE AND NOW, this 28th day of October, 2014, comes Denise Ann Smyser, by her attorney, Diane M. Dils, and respectfully answers as follows: 1. Paragraph one (1) is admitted. 2. Paragraph two (2) is admitted. 3. Paragraph three (3) is denied. It is denied that an Exhibit "A" is attached to the Petition served upon Counsel for the Defendant. None the less, Defendant confirms that the parties entered into an agreement and signed the Divorce Master's transcript in November and December of 2003. 4. Paragraph four (4) is admitted. 5. Paragraph five (5) is denied. It is 'denied that Defendant has ceased all efforts to attempt to re -finance the mobile home. To the contrary, Defendant has informed Plaintiff through Counsel that the Defendant has been denied re -financing. In addition, Plaintiff has been advised that one of his daughters and his grandchildren are living in the mobile home and paying the debt on the same. 6. Proof is demanded for the allegations continued in Paragraph six (6) of said Petition, as said allegations are within the exclusive knowledge and control of the Plaintiff, and after reasonable investigation, Defendant is without knowledge of the same. 7. Paragraph seven (7) is admitted in that Defendant has remarried and is no longer residing in said- mobile home; however, to the contrary, it is denied that Defendant is renting the mobile home to third parties. By way of further Answer, one of the parties' daughters resides in the mobile home along with the parties' grandchildren. The parties' daughter is paying the debt on the mobile home. 8. Paragraph eight (8) is denied. To the contrary, it is averred that in 2003 when the parties entered into the Agreement, it was obvious that there would be an issue as to re -financing of a mobile home, which is why the agreement simply provided for attempts at re -financing. 9. Paragraph nine (9) is denied. It is denied that the Defendant has refused to refinance the loan. To the contrary, it is averred that the Defendant has been denied refinancing. Requiring the sale of the mobile home would require the parties' daughter and their grandchildren to be homeless. 2 WHEREFORE, it is respectfully requested that the Petition for Rule to Show Cause be denied. Respectfully submitted, iane M. �.► s, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 3 w? VERIFICATION I verify that the statements made in this Answer to Petition 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: (Q Denise Ann Ginter (Previously known as Denise Ann Smyser) CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Answer to Petition has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 28th day of October, 2014, addressed as follows: Harold Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Respectfully submitted, lane h ils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 HAROLD S. IRWIN, 1I1, ESQ SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE, PA 17013 717-319-7560 f 11. ' 1.YO Th(t 2015 JAN -7 PH 3:3 CU'MB703[_AND COLINTY PENNS YL NIA PRAECIPE LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next: Pre-trial Argument Court X Argument Court DANIEL LEE SMYSER, Plaintiff v. DENISE ANN SMYSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - EQUITY : NO. 2002 - 1248 1. Matter to be argued: Plaintiff's Petition for a Rule to Show Cause 2. Counsel who will argue the case: A. For plaintiff: Harold S. Irwin, III, Esquire B. For defendants: Diane M. Dils, Esquire 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 6, 2015 HAROLD S. IRW Attorney for Plai t rq-,75 r oak ittStr3y.3