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02-1248
DANIEL LEE SMYSER. Plaintiff V= DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- /2 ~/~' CIVIL TERM CIVIL ACTION-LAW 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 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ri :;UE C( =Y RECORD In Testimony ~,h~,'~of, I ~ set my ha~d ~othon~f DANIEL LEE SMYSER, Plaintiff DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- /,~ ?~' CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Daniel Lee Smyser, an adult individual who currently resides at 50 Bonnybrook Road, Lot # 48, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Denise Ann Smyser, an adult individual who currently resides at 61 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 17, 1988 in Cumberland County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 6. 7. The marriage is irretrievably broken. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: .~. ~)' o7~ ~. Sche'r~r, Esquire I.D.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Daniel Lee Smyser mas.dirldomesticldivorcelsmyser.com VERIFICATION 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: DANIEL LEE SMYSER, Plaintiff DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1248 CIVIL TERM CIVIL ACTION-I.,~,W 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 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMC)NY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DANIEL LEE SMYSER, Plaintiff Mo DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AMENDED COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE ,CODF 1. Plaintiff is Daniel Lee Smyser, an adult indiviidual who currently resides at 50 Bonnybrook Road, Lot # 48, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Denise Ann Smyser, an adult individual who currently resides at 61 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 17, 1988 in Cumberland County, Pennsylvania. COUNT I-DIVORCE There have been no prior actions of divorce or for annulment between the parties. 6. 7. The marriage is irretrievably broken. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including a mobile home, automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARiC & SCHERER Date: Scherer, Esquire I.D.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney far Plaintiff, Daniel Lee Smyser mas.dirldomesticldivorcelsmyserlamended.com VERIFICATION I verify that the statements made in this Amended Complaint Under Sections 3301(c) and 3301(d) Of The Divorce Code 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: //-- CERTIFICATE OF SERVICE I hereby certify that on November ~/~ , 2002, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Amended Complaint Under Sections 3301 (c) and 330 l(d) Of The Divorce Code, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Diane M. Dils, Esquire Dils & Dils 1017 North Front Street Harrisburg, Pennsylvania 17102 DANIEL LEE SMYSER, Plaintiff VS. DENISE ANN SMYSER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1248 Civil Term CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER Pa.R.C.P. 1920.31(a)(1) This Form Must Be Completed (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF DENISE ANN SMYSER I verify that the statements made in this Income and Expense Statement 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. '-7Diane M. Dils, Esquire Attorney for Defendant, Denise Ann Smyser INCOME: Employer: Address: CC Nursing Home Carlisle, PA T~eofWo~:CNA Payroll Number: Pay Period (weekly, biweekly, etc.): bi-weekly Gross Pay per Pay Period: $1,035.51 Itemized Payroll Deductions: Federal Withholding 56.02 Social Security 79.21 Local Wage Tax State Income Tax 28.99 Retirement 51.78 Health Insurance EI49 17.09 Other: UC .21 MLN#1 8.70 AFSAV 15.46 Total $ 257.46 Net Income (bi-weekly) $ 778.05 Net Income (monthly) $1,556.10 OTHER INCOME: (fill in appropriate column) Week Month Year Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation Child Support 726.00 Total 726.00 TOTAL INCOME: 2,282.10 EXPENSES: I Weekly I Monthly I Yearly Home: Mortgage Maintenance Utilities 341.00 2 Electric 100.00 Gas 124.00 Oil Telephone 80.00 Lot Rent 220.00 Sewer/trash 19.67 59.00 3 mos. Employment: Lunch-children 40.00 Lunch-wife 20.00 Taxes: Real Estate Personal Property Income (federal, state & local) Insurance: Homeowners 28.00 Automobile 66.67 800.00 year Life Accident Health Other Automobile: Payments 304.88 Fuel 80.00 Repairs Medical: 37.50 Doctor ($150.00 per child per year) Dentist 450.00 7ear Orthodontist Hospital Medicine 13.33 160.00 year Special needs (glasses, braces, orthopedic needs) Glasses 3 Education: Private School Parochial School Field Trips - children 25.00 Scouts School activities: cheedeading, Girl 83.33 Personal: 300.00 yr. 1,000.00 yr. Clothing - children Food Barber/hairdresser 300.00 500.00 16.67 200.00 yr. Credit Payments: Credit card - Visa 35.00 Charge account - Sears 50.00 Memberships Loans: Credit Union Miscellaneous: Household help Child cam Papers/hooks/magazines Entertainment Pay TV 200.00 59.00 Vacation 166.67 2,000.00 yr. Gifts 233.33 2,800.00 yr. Legal fees 250.00 3,000.00 yr. Charitable contributions Other child support Alimony payments Savings Other: Allowances - children 70.00 TOTAL EXPENSES $ $3,464.05 4 PROPERTY OWNED: See Inventory & Appraisement OWNERSHIP Description Value Husband Wife Joint Checking Accounts Savings Accounts Credit Union Stocks/bonds Real Estate Other TOTAL: INSURANCE: COVERAGE Company Policy Number Husband Wife Child Hospital: Blue Cross Other Medical: Blue Shield Other Other Health/accident Disability Income Dental Other DANIEL LEE SMYSER, Plaintiff VS. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1248 Civil Term CIVIL ACTION - LAW 1N DIVORCE INVENTORY AND APPRAISEMENT OF DENISE ANN SMYSER Defendant files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Defendant verifies that the statements made in this Inventory and Appraisement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 PA §4904 relating to unswom~lsification of afithorities. Attorney for Defendant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the appraisal report is attached. ( X ) 1. Real property ( X ) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit ( ) 5. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life Insurance policies, (indicates face value, cash surrender value and current beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside of the home ) 15. ) 16. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company). Employment termination benefits - severance pay, workman's compensation claim/award. ) 17. Profit sharing plans X ) 18. Pension plans (indicate employee contribution and date plan vests) ) 19. Retirement plans, Individual Retirement Accounts ) 20. Disability payments ) 21. Litigation claims (matured and unmatured) ) 22. Military/V.A. benefits ) 23. Education benefits ( X )24. Debts due, including loans, mortgages held ( X )25. Household furnishings and personalty (include as a total category and attach itemized list if distribution) ( ) 26. Other m z o z © .< MINI HESS TRUCKS 1998 tanker truck - white ~es 1999 Ford truck - red wife does not have 2000 first truck - ~lreen ~es 2001 racer transporter - white wife does not have ITEMS MISSING FROM THE HOUSE, Kitchen table mad 6 matching chairs, (worth about 250-300 dollars,) 27 or 32-inch TV. Floor model, (worth about 100-200dollars,) Horse door stop (whiteXworth about 50.00,) Shadow box wall hanging, (not sure of the value) Wall clock, (not sure of the value) i Ladder, (worth about 100 dollars,) Grey filling cabinet, (with all my computer information in it)(worth about 20dollars,) Deep fryer, (worth about 20dollars,) Cooler, (worth about 15dollars,) Bike, (worth about 90dollars,) 15 to 20 c.d's, (worth about 100dollars,) Dry sink with a white bowl and pitcher on top, (worth about 150dollars~) A wall stichery in my daughters' bedroom, (it was a birth annotmeement,Xpriceless,) My jewelry box, with these items in it, hair ties, important papers, make up, necklaces, rings, ea~ rings, braclets, and other items, (all worth about 200-300 dollars,) A 4 head V.C.R, (worth about 60dollars,) Tools, (not sure of value) Gas grill, (worth about 200dollars,) These are items that I know of, 5-23-03 Denise Smyser · ~(.~gntrgllrr'of ~umbrrlanb ~unt~ ONE COURTHOUSE SQUARE + CARLISLE, PA 17013 7 7.24(¥6185 · 697-0371, EXT 6185 532.7286, EXT 6185 <~ FAX: 240-6572 E-MAIL; AW HITCOMB(~CCPA.N ET WEB: WWW.CCPA.NET ALFRED L WHITCOMB ROBERT J, DAOROSA. CPA CUMBERLAND cOUNTY EMPLOYEES' RETIREMENT FUND EMPLOYEE NAME: SMYSER, DENISE DEPARTMENT: NH213 FUND: 02 SSN: 183-54-8810 12/31/00 Balance $4,862.43 650.68 P~ETNT Contributions 0.00 ETTX Contributions 0.00 Buy Back 8.95 Current Year Interest* 133,72 Prior Year Balance Interest** $5,655.77 6/11/01 Balance *Interest on Current Year Contributions is 2.75% Entrants after January 1 are prorated at .0075% per day In :be plan. **In eres on Your Pr or Year Balance Is 5,5 ½ ............................................................. 0.00 Member Contributions Year-to-Date (includes iLE'r~x and Buy -Backs i.e. taxed contributions ) 599.33 Interest Year-to-Date Pick-up Contributions Year-to-Date 5,056.45 (ILETNT, i.e. tax deferred) TOTAL ACCUMULATED RETIREMENT AT 6/11/01 S5,655.?'7 Distribution of Accumulated Retirement Deductions Is only nit option upon leaving e~ployment from the County, (]~o loans can be made to participants on accumulated retirement deductions.) The County contributes to the fund amounts the Ac:nary determines necessary to maintain reserves. The County contributions are only eligible to participants upon being eligible for a monthly pension. Refer tolthe -Summary Plan Description" for additional details about the Retirement System. Created by Controller's Office 09/06/02 THE CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987 1055 SPRING STREET WYOMISSING, PA 19610 .~[AILING ADDRESS : P.O. BOX 15223 READING, PA 19612-5223 1999 ANNUAL EMPLOYEE BENEFIT STATEMENT SMYSER DAN 61 PEACHY ANN DR NEWVILLE PA 17241-9314 5/2000 SOCIAL SECURITY - 184-50-967~ 1. BIRTH DATE - 10/27/1968 2. SPOUSE NAME - 3. SPOUSE BIRTH DATE - 4. SPOUSE SOCIAL SECURITY NO. 5. REPORTED DATE OF HIRE - 04/24/1990 6. VESTED STATUS - NOT VESTED (2 YRS OF CREDITED SERVICE) 7. ESTIMATED NORMAL RETIREMENT DATE - 11/01/2025 8. DETAILS OF ADDITIONAL MONIES POSTED TO YOUR ACCOUNT FOR THE YEAR 1999 THAT WERE RECEIVED BY 3/31/2000. TOTAL EMPLOYER MONTH HOURS DOLLARS MORGAN PRODUCTS LTD DEC.,1999 151.59 TOTAL ....................................................... 151.59 9. LATE CONTRIBUTIONS/ADJUSTMENTS TO PREVIOUS YEARS - .00 10. DEVELOPMENT OF ACCUMULATED ACCOUNT BALANCE FROM 12/1998 TO 12/1999 : A. ACCOUNT BALANCE AS OF 12/31/1998 - 12,829.58 * INCLUDES ~9 C. NET EARNINGS ADDED DURING 1999 .00 D. ACCOUNT BALANCE AS OF 12/31/1999 - 12,981.17 11. ANNUALIZED R~.TE OF RETURN EARNED ON THE TOTAL FUND FOR 1999 - 3.6 % NOTE: NET EARNINGS ARE ACTUALLY CREDITED TO YOUR ACCOUNT BASED ON QUARTERLY RATES OF RETURN, THEREFORE THIS RATE CANNOT BE USED TO VERIFY THE "NET EARNINGS ADDED" AMOUNT ABOVE. YOUR ACCOUNT BALANCE SHOWN ABOVE IS SUBJECT TO ADDITIONS,DELETIONS AND CORRECTIONS. CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Inventory and Appraisement 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 25th day of June 2003, addressed as follows: E. Robert Elicker, II, Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Michael A. Scherer, Esquire 17 West South Street Carlisle, PA 17013 Respectfully submitted, 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: June 25, 2003 DANIEL LEE SMYSER, Plaintiff 3ENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY c 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 13, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I w II not be d vorced 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: ~ / D,an"~et"L'~e Smyser DANIEL LEE SMYSER, Plaintiff DENISE ANN SMYSER, Defendant IN THE COURT OI-- COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE FENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF -.D WA,VE. OF .OT,CE OF ,.TE.TIO. TO O"O' 1. A complaint in divorce under Section 3301(c') of the Divorce Code was filed on March 13, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on March 15, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in di~rorce without notice. 5. I understand that I may lose rights concerning alimony, division of )roperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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 flied with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: 1~'~ '~ - ?~--~ ~~'~'Sm'~s~er \~ Demse Ann y DANIEL LEE SMYSER, Plaintiff vs. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1248 CIVIL IN DIVORCE 2003, and stipulation resolving the economic issues on October 2003, the date set for a conference, stipulation having been transcribed, ORDER OF COURT AND NOW, this /~7z~ day of ~~, ~ the parties and counsel having entered into an agreement 6, the agreement and and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: ~ichael A. Scherer Attorney for Plaintiff ~iane M. Dils Attorney for Defendant DANIEL LEE SMYSER, Plaintiff vs. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 1248 CIVIL IN DIVORCE THE MASTER: Today is Monday, October 6, 2003. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Daniel Lee Smyser, and his counsel Michael A. Scherer, and the counsel Diane M. Defendant, Denise Ann Smyser, and her Dils. A divorce complaint was filed on March 13, 2002 raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been signed and dated today by both parties. The documents will be filed by the Master's office with the Prothonotary's office. The divorce can conclude under Section 3301(c) of the Domestic Relations Code. On November 12, 2002, the Plaintiff filed an amended complaint and included a claim for equitable distribution. There have been no claims filed by either party for alimony or counsel fees and costs. With respect to the claim for equitable distribution, the Master has been advised that the parties have reached an agreement. The agreement is going to be placed on record in the presence of the parties and the agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be during the transcription. When the agreement has been reviewed for typographical errors and corrections, if any, made, the parties will be asked to affix their signatures affirming the terms of settlement as stated on the record. However, if the parties do not subsequently sign the agreement, nevertheless, they are still bound by the terms as stated on the record when they leave the hearing room today. Upon receipt by the Master of a completed agreement the Master will prepare an order vacating his appointment so that counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties and counsel have asked that the agreement be sent around for review and signature. They do not intend to return later today to complete the review of the agreement and the affirmation of the settlement by signing. Mr. Scherer. MR. SCHERER: 1. Wife shall become the sole owner of the 1994 "Shadow Ridge" mobile home in which she currently resides. The wife shall be solely responsible for the indebtedness on the loan for the mobile home and shall indemnify husband and hold him harmless for said loan. Additionally, wife shall refinance the indebtedness on the mobile home into her name alone. Wife will make application within thirty (30) days of this date to attempt the refinancing with at least two institutions and if she is unable to obtain refinancing, she will continue the application process every six (6) months until the refinancing is accomplished. Husband will sign the title over to wife upon wife's refinance of the mobile home. It is further agreed between the parties that wife shall retain exclusive possession of the mobile home until said refinancing occurs pursuant to the previous provisions that husband will execute the title to the mobile home into wife's at the time of refinancing. 2. Wife will return to husband the following items of tangible personal property within thirty (30) days: Tool box, high school year books,, one photo album, truck cab organizer, wooden backgammon game, three bar clamps, CB radios with antennas, lunch box with thermos, three cases of Matchbox cars, insulated denim jacket, antique lunch box, and knife collections. Additionally, husband and or the parties together acquired numerous "Hess" trucks beginning in year 1976 through year 2000. Wife will return ~o husband all of the Hess trucks in her possession, although wife is not certain that she has year 1979, 1981, and 1999. Husband will receive one Hess truck for each year indicated. Wife will also return to husband the mini Hess 'trucks for year 1998 and 2000. 3. Husband will return to wife within thirty (30) days the kitchen table and six chairs, any Garth Brooks CDs in his possession, wife's jewelry box and jewelry, and the water bed. 4. Wife will pay husband the sum of $300.00 by February 25, 2004, so that husband can replace various tools which wife is unable to locate at this time. 5. Aside from the foregoing, each party will keep as his or her sole property any tangible persunal property presently in his or her respective possession. 6. Wife is employed with Cumberland County and husband had previously been in the "Teamsters" Union. Each party hereby waives any interest they may have acquired in the retirement benefits of the other party. 7. The parties have previously divided all intangible personal property previously owned by them in common and any intangible personal property in wife's name shall become the sole property of wife and any intangible personal property in husband's name shall become the sole property of husband. 8. The parties own a truck which is in both names and is driven by husband and the parties own a van which is in joint names and is in the possession of wife. The parties agree that husband shall become the sole owner of the truck and wife shall become the sole owner ef van and the parties agree to execute titles in favor of each other within thirty (30) days hereof, with each being responsible for their cost to transfer the same. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limita-~ion, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carzy into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SCHERER: Dan, you've been present this morning during the dictation of the agreement you just heard; is that right? MR. SMYSER: Yes. MR. SCHERER: And did you understand it? 4 agreement MR. SMYSER: MR. SCHERER: MR. SMYSER: MR. SCHERER: as dictated? MR. SCHERER: Yes. MS. DILS: Denise, Yes. Do you have any questions about it? No. Do you desire to enter into that you heard the terms of the agreement which we have reached today? MS. SMYSER: MS. DILS: MS. SMYSER: MS. DILS: Do you have MS. SMYSER: No. MS. DILS: Do to make to it? MS. SMYSER: No. Yes. Do you understand? Yes. any questions whatsoever? you have any ohanges that you want MS. MS. MS. DILS: agreement today? MS. DILS: Are you agreeable to those terms? SMYSER: Yes. And you desire to enter into that SMYSER: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 5 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Michael A Scher At~orney for Plaintiff Attorney for Defendant DATE: 6 DANIEL LEE SMYSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DENISE ANN SMYSER, Defendant NO. 2002-1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Service on the Defendant via certified mail, restricted delivery on March 15, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiffOctober 6, 2003 , by the defendant October 6, 2003 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 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 in Section 3301(c) divorce was filed with the Prothonotary: October 6, 2003 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: October 6. 2003 Michael A. Scherer, Esquire Attorney for Plaintiff, Daniel Lee Smyser IN THE COURT OF COMMON PLEAS DANIEL LEE SMYSER, OFCUMBERLAND COUNTY STATE OF ~ Plaintiff NO. PENNA. 2002-1248 CIVIL VERSUS DENISE ANN SMYSER, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND DANIEL LEE SMYSER DENISE ANN SMYSER , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ArE DIVORCED From THE BONDS OF MATRIMONY. THE cOUrt RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES AGREEMENT DATED OCTOBER 6, 2003 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. BY THE COURT: / PROTHONOTARY DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes the Plaintiff, Daniel Lee Smyser, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Plaintiff is Daniel L. Smyser, hereinafter referred to as "Husband", who has at all times been represented in this matter by Michael A. Scherer, Esquire. 2. The Defendant is Denise Ann Smyser, hereinafter referred to as "Wife", whose residence is unknown, but who has at all times relative hereto been represented by Diane Dils, Esquire. 3. The parties were previously married and were divorced by decree dated January 22, 2004 by the Honorable Kevin A. Hess. 4. The January 22, 2004 Decree in Divorce incorporated the parties' Marital Settlement Agreement dated October 6, 2003 as a final order of court. 5. At the time of the divorce, Wife was residing in a mobile home which had been the marital residence, located at 61 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania. 6. Paragraph I of the Marital Settlement Agreement, which is attached hereto as "Exhibit A" provides that Wife shall become the sole owner of the former marital residence and shall refinance the indebtedness on the mobile home into her own name. 7. The Marital Settlement Agreement also requires wife to attempt to refinance the indebtedness on the mobile home every six months since husband is jointly obligated on the loan. 8. Husband learned recently that Wife has vacated the mobile home and has allowed a third party to reside in the mobile home. 9. Wife's actions in moving out of the mobile home violate the spirit of the Marital Settlement Agreement and this arrangement results in Husband continuing to be liable for the debt on the mobile home. 10. Husband was not consulted regarding the person who is occupying the mobile home and has no information concerning whether the mobile home, which is the collateral for the loan, is safe in this person's possession. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a rule upon Wife to show why she is not in contempt of the Divorce Decree and further request that this Honorable Court enter an order requiring Wife to either sell the mobile home or remove Husband's name from the loan for the mobile home. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: December ~" ,2004 Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Daniel Lee Smyser DANIEL LEE SMYSER, Plaintiff DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Petition for Rule to Show Cause 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: December /~ , 2004 DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on December 2.~, 2004, I, Michael A. Scherer, Esquire, did serve a copy of the Petition for Rule to Show Cause, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Diane M. Dils, Esquire Dils & Dils 1017 North Front Street Harrisburg, Pennsylvania 17102 Mich~~er, Esquire DANIEL LEE SMYSER, Plaintiff VS. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1248 CIVIL IN DIVORCE THE MASTER: Today is Monday, October 6, 2003. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Daniel Lee Smyser, and his counsel Michael A. Scherer, and the Defendant, Denise Ann Smyser, and her counsel Diane M. Dils. A divorce complaint was filed on March 13, 2002 raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been signed and dated today by both parties. The documents will be filed by the Master's office with the Prothonotary's office. The divorce can conclude under Section 3301(c) of the Domestic Relations Code. On November 12, 2002, the Plaintiff filed an amended complaint and included a claim for equitable distribution. There have been no claims filed by either party for alimony or counsel fees and costs. With respect to the claim for equitable distribution, the Master has been advised that the parties have reached an agreement. The agreement is going to be placed on record in the presence of the parties and the agreement as placed on the record will be considered the substantive agreement of the parties not subje~ to any changes or modifications except for correction of typographical errors which may be during the transcription. When the agreement has been reviewed for typographical errors and corrections, if any, made, the parties will be asked to affix their signatures affirming the terms of settlement as stated on the record. However, if the parties do not subsequently sign the agreement, nevertheless, they are still bound by the terms as stated on the record when they leave the hearing room today. Upon receipt by the Master of a completed agreement the Master will prepare an order vacating his appointment so that counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties and counsel have asked that the agreement be sent around for review and signature. They do not intend to return later today to complete the review of the agreement and the affirmation of the settlement by signing. Mr. Scherer. MR. SCHERER: 1. Wife shall become the sole owner of the 1994 "Shadow Ridge" mobile home in which she currently resides. The wife shall be solely responsible for the indebtedness on the loan for the mobile home and shall indemnify husband and hold him harmless for said loan. Additionally, wife shall refinance the indebtedness on the mobile home into her name alone. Wife will make application within thirty q~O) days of this date to attempt the refinancing with at l~ast two institutions and if she is unable to obtain refinancing, she will continue the application process every six (6) months until the refinancing is accomplished. Husband will sign the title over to wife upon wife's refinance of the mobile home. It is further agreed between the parties that wife shall retain exclusive possession of the mobile home until said refinancing occurs pursuant to the previous provisions that husband will execute the title to the mobile home into wife's at the time of refinancing. 2. Wife will return to husband the following items of tangible personal property within thirty (30) days: Tool box, high school year books, one photo album, truck cab organizer, wooden backganunon game, three bar clamps, CB radios with antennas, lunch box with thermos, three cases of Matchbox cars, insulated denim jacket, antique lunch box, and knife collections. Additionally, husband and or the parties together acquired numerous "Hess" trucks beginning in year 1976 through year 2000. Wife will return to husband all of the Hess trucks in her possession, although wife is not certain that she has year 1979, 1981, and 1999. Husband will receive one Hess truck for each year indicated. Wife will also return to husband the mini Hess trucks for year 1998 and 2000. 3. Husband will return to wife within thirty (30) days the kitchen table and six chairs, any Garth Brooks CDs in his possession, wife's jewelry box and jewelry, and the water bed. 4. Wife will pay husband the sum of $300.00 by February 25, 2004, so that husband can replace various tools which wife is unable to locate at this time. 5. Aside from the foregoing, each party will keep as his 3 or her sole property any tangible personal property presently in his or her respective possession. 6. Wife is employed with Cumberland County and husband had previously been in the "Teamsters" Union. Each party hereby waives any interest they may have acquired in bhe retirement benefits of the other party. 7. The parties have previously divided all i~tangible personal property previously owned by them in common and any intangible personal property in wife's name shall become the sole property of wife and any intangible personal property in husband's name shall become the sole property of husband. 8. The parties own a truck which is in both names and is driven by husband and the parties own a van which is in joint names and is in the possession of wife. The parties agree that husband shall become the sole owner of the truck and wife shall become the sole owner of van and the parties agree to execute titles in favor of each other within thirty (30) days hereof, with each being responsible for their cost to transfer the same. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carzy into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SCHERER: Dan, you've been present this morning during the dictation of the agreement you just heard; is that right? MR. SMYSER: MR. SCHERER: Yes. And did you understand it? MR. SMYSER: MR. SCHERER: MR. SMYSER: MR. SCHERER: agreement as dictated? MR. SCHERER: Yes. Do you have any questions about it? No. Do you desire to enter into that } Yes. MS. DILS: Denise, you heard the terms of the agreement which we have reached today? MS. SMYSER: MS. DILS: MS. SMYSER: MS. DILS: MS. SMYSER: MS. DILS: to make to it? MS. SMYSER: MS. DILS: MS. SMYSER: MS. DILS: agreement today? MS. SMYSER: Yes. Do you understand? Yes. Do you have any questions whatsoever? No. Do you have any changes that you want No. Are you agreeable to those terms? Yes. And you desire to enter into that Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and. subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Attorney for Plaintiff Attorney for Defendant 6 DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1248 CIVIL TERM CIVIL ACTION-I~W IN DIVORCE ORDER OF COURT AND NOW, this ,2'~' day of ~ , ;)_00.5', upon consideration of the within Petition, a rule is hereby issued upon the defendant,. Denise Ann Smyser, to show cause, if any there be, why the relief granted in the within Petition should not be granted. Said rulereturnable ~ ~/z ~_.-.//~,-- BY THE COURT, Hess, J. / ~ichael. A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff vO~ane Dils, Esquire Dils & Dils 1017 North Front Street Harrisburg, Pennsylvania 17102 Attorney for Defendant DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes the Plaintiff, Daniel Lee Smyser, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Plaintiff is Daniel L. Smyser, hereinafter referred to as "Husband", who has at all times been represented in this matter by Michael A. Scherer, Esquire. 2. The Defendant is Denise Ann Smyser, hereinafter referred to as "Wife", whose residence is unknown, but who has at all times relative hereto been represented by Diane Dils, Esquire. 3. The parties were previously married and werE; divorced by decree dated January 22, 2004 by the Honorable Kevin A. Hess. 4. The January 22, 2004 Decree in Divorce incorporated the parties' Marital Settlement Agreement dated October 6, 2003 as a final order of court. 5. At the time of the divorce, Wife was residing in a mobile home which had been the marital residence, located at 61 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania. 6. Paragraph I of the Marital Settlement Agreement, which is attached hereto as "Exhibit A" provides that Wife shall become the sole owner of the former marital residence and shall refinance the indebtedness on the mobile home into her own name. 7. The Marital Settlement Agreement also requires wife to attempt to refinance the indebtedness on the mobile home every six months since husband is jointly obligated on the loan. 8. Husband learned recently that Wife has vacated the mobile home and has allowed a third party to reside in the mobile home. 9. Wife's actions in moving out of the mobile home violate the spirit of the Marital Settlement Agreement and this arrangement results in Husband continuing to be liable for the debt on the mobile home. 10. Husband was not consulted regarding the person who is occupying the mobile home and has no information concerning whether the mobile home, which is the collateral for the loan, is safe in this person's possession. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a rule upon Wife to show why she is not in contempt of the Divorce Decree and further request that this Honorable Court enter an order requiring Wife to either sell the mobile home or remove Husband's name from the loan for the mobile home. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: December ~'~ ,2004 Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney 'for Plaintiff, Daniel Lee Smyser DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Petition for' Rule to Show Cause 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.. ~-~'~-- / / Da~e Smyser Date: December / ~- , 2004 DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1248 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on December 2.,~, 2004, I, Michael A. Scherer, Esquire, did serve a copy of the Petition for Rule to Show Cause, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Diane M. Dils, Esquire Dils & Dils 1017 North Front Street Harrisburg, Pennsylvania 1'7102 DANIEL LEE SMYSER, Plaintiff vs. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1248 CIVIL iN DIVOrCe. O0, k THE MASTER: Today is Monday, October 6, 2003. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Daniel Lee Smyser, and his counsel Michael A. Scherer, and the Defendant, Denise Ann Smyser, and her counsel Diane M. Dils. A divorce complaint was filed on March 13, 2002 raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been signed and dated today by both parties. The documents will be filed by the Master's office with the Prothonotary's office. The divorce can conclude under Section 3301(c) of the Domestic Relations Code. On November 12, 2002, the Plaintiff filed an amended complaint and included a claim for equitable distribution. There have been no claims filed by either party for alimony or counsel fees and costs. With respect to the claim for equitable 1 distribution, the Master has been advised that the parties have reached an agreement. The agreement is going to be placed on record in the presence of the parties, and the agreement as placed on the record will be considered the substantive agreement of the parties not subje~ to any changes or modifications except for correction of typographical errors which may be during the transcription. When the agreement has been reviewed for typographical errors and corrections, if any, made, the parties will be asked to affix their signatures affirming the terms of settlement as stated on the record. However, if the parties do not subsequently sign the agreement,, nevertheless, they are still bound by the terms as stated on the record when they leave the hearing room today. Upon receipt by the Mas~zer of a completed agreement the Master will prepare an order vacating his appointment so that counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties and counsel have asked that the agreement be sent around for review and signature. They do not intend to return later today to complete the review of the agreement and the affirmation of the settlement by signing. Mr. Scherer. MR. SCHERER: 1. Wife shall become the sole owner ,Df the 1994 "Shadow Ridge" mobile home in which she curren'51y resides. The wife shall be solely responsible for the indebtedness on the loan for the mobile home and shall indemnify husband and hold him harmless for said loan. Additionally, wife shall refinance the indebtedness on the mobile home in'5o her name alone. Wife will make application within thirty ~0) days of this date to attempt the refinancing with at l~ast two $ institutions and if she is unable to obtain refinancing, she will continue the application process every six (6) months until the refinancing is accomplished. Husband will sign the title over 'ko wife upon wife's refinance of the mobile home. It is further agreed between the ]parties that wife shall retain exclusive possession of the mobile home until said refinancing occurs pursuant to the previous provisions that husband will execute the title to the mobile home into wife's at the time of refinancing. 2. Wife will return to husband the following items of tangible personal property within thirty (30) days: Tool box, high school year books, one photo album, truck cab organizer, wooden backgammon game, three bar clamps, CB radios with antennas, .Lunch box with thermos, three cases of Matchbox cars, insulated denim jacket, antique lunch box, and knife collections. Additionally, husband and or the parties together acquired numerous "Hess" trucks beginning in year 1976 through year 2000. Wife will return to husband all of the Hess trucks in her possession, although wife is not certain that she has year 1979, 1981, and 1999. Husband will receive one Hess truck for each year indicated. Wife will also return to husband the mini Hess trucks for year 1998 and 2000. 3. Husband will return to wife within thirty (30) days the kitchen table and six chairs, any Garth Brooks CDs in his possession, wife's jewelry box and jewelry, and the water bed. 4. Wife will pay husband the sum of $300.00 by February 25, 2004, so that husband can replace various tools which wife is unable to locate at this time. 5. Aside from the foregoing, each party will keep as his 3 or her sole property any tangible personal property presently in his or her respective possession. 6. Wife is employed with Cumberland County and husband had previously been in the "Teamsters" Union. Each party hereby waives any interest they may have acquired in bhe retirement benefits of the other party. 7. The parties have previously divided all i~tangible personal property previously owned by them in common and any intangible personal property in wife's name shall become the sole property of wife and any intangible personal property in husband's name shall become the sole property of husband. 8. The parties own a truck which is in both names and is driven by husband and the parties own a van which is in joint names and is in the possession of wife. The parties agree that husband shall become the sole owner of the truck and wife shall become the sole owner of van and the parties agree to execute titles in favor of each other within thirty (30) days hereof, with each being responsible for their cost to transfer the same. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carzy into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SCHERER: Dan, you've been present this morning during the dictation of the agreement you just heard; is that right? MR. SMYSER: MR. SCHERER: Yes. And did you understand it? MR. SMYSER: MR. SCHERER: MR. SMYSER: MR. SCHERER: agreement as dictated? MR. SCHERER: Yes. Do you have any questions about it? No. Do you desire ~2o enter into that Yes. MS. DILS: Denise, you heard the terms of the agreement which we have reached today? MS. SMYSER: MS. DILS: MS. SMYSER: MS. DILS: MS. SMYSER: MS. DILS: to make to it? MS. SMYSER: MS. DILS: MS. SMYSER: MS. DILS: agreement today? MS. $MYSER: Yes. Do you understand'? Yes. Do you have any questions whatsoever? No. Do you have any changes that you want No. Are you agreeable to those terms? Yes. And you desire to enter into that Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and, subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Michael A. Scherer Attorney for Plaintiff ~/~iane ~. Attorney for Defendant 6 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1017 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Denise Ann Smyser DANIEL LEE SMYSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2002 - 1248 CIVIL TERM DENISE ANN SMYSER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Daniel Lee Smyser c/o Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 You are hereby notified to plead to the within New Matter within twenty (20) days after date of service hereof. Respectfully submitted, / Diane M Dfls, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: January 10, 2005 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1017 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Denise Ann Smyser DANIEL LEE SMYSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2002 - 1248 CIVIL TERM DENISE ANN SMYSER, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER TO PETITION FOR CONTEMPT WITH NEW MATTER AND COUNTERCLAIM AND NOW, this l0th day of January 2005, comes the Defendant, Denise Ann Smyser, by her attorney, Diane M. Dils, Esquire, and respectfully answers as follows: 1. Paragraph one is admitted. 2. Paragraph two is admitted, in that, the Defendant is represented by Diane M. Dils, Esquire. Proof is demanded that the Plaintiff is unaware of Defendant's address. 3. Paragraph three is admitted. 4. Paragraph four is admitted. 5. Paragraph five is admitted. 6. Paragraph six is admitted; however, see New Matter. 7. Paragraph seven is admitted. See New Matter. 8. Proof is demanded as to when husband learned that wife vacated the mobile home as said allegation is within the exclusive knowledge and control of the husband. It is admitted that wife is renting the mobile home to third persons. See New Matter. Paragraph nine is denied. Wife's actions do not violate the terms of the Marital Settlement Agreement. Proof is demanded that wife's actions violate the "spirit" of said Agreement as said allegation is within the exclusive knowledge and control of the Plaintiff and Defendant is without knowledge of the same. 10. Proof is demanded for the allegation contained in Paragraph ten as said allegation is within the exclusive knowledge and control of the Plaintiff and Defendant is without knowledge of the same. WHEREFORE, Defendant, Denise Ann Smyser, respectfully prays your Honorable Court to deny Plaintiff's'Petition. NEW MATTER 11. In addition to wife becoming the sole owner of the mobile home, wife is held to be solely responsible for the indebtedness and indemnifies and holds husband harmless for said loan. 12. Wife was also granted exclusive possession of the mobile home until said refinancing occurs. 13. Wife has complied with the requirements and Agreement and said indebtedness on the mobile home is current. 14. Wife has attempted to refinance with the following finance companies and was told they will not refinance mobile homes located in mobile home parks: (a.) (b.) (c.) (d.) (e.) (f.) (g.) (h.) (i.) (j.) FCMC - 630-0973; Central Penn Mortgage Company- 766-8778; Freedmont - 1-800-955-8505; Atlantis Mortgage Company; The Finare Group - 1-866-957-2227; Mortgage Solutions - 1-877-291-6389; Capital Mortgage Funding, Inc.- 1-888-234-8514; ProSource- 1-800-784-4904; The Power of Yes - 1-888-926-8536; Members First Credit Union 15. Defendant contacted Schaffs - 1-877-532-7650 - and was told that they would not refinance an existing loan but would sell her a new mobile home. 16. Mid-Atlantic Mortgage Group denied the Defendant. See Exhibit "A" attached hereto. 17. Greenpoint Credit informed the Defendant they would not refinance an existing loan. 18. Defendant is currently renting the mobile home to third persons, Cindy- Marie and Lester Walker. Attached hereto and marked Exhibit "B" is a copy of a letter from the Walkers wherein the Walkers desire to purchase the mobile home as soon as they are able to do so. COUNTERCLAIM 19. Wife has been required to defend this Petition for Contempt filed by husband. 20. The Petition for Contempt does not allege that wife has violated any of the terms of the Marital Settlement Agreement. 21. The Petition for Contempt simply alleges that wife has violated the "SPIRIT" of the Marital Settlement Agreement. 22. The Petition for Contempt is frivolous. 23. Wife is required to expend the sum of five hundred dollars ($500.00) to answer the Petition for Contempt representing attorney's fees. 24. Wife respectfully requests your Honorable Court to Order her former husband to pay the sum of five hundred dollars ($500.00) to her attorney. WHEREFORE, Denise Ann Smyser, respectfully prays your Honorable Court to find the Petition for Contempt frivolous and to Order Daniel Lee Smyser to pay the sum of five hundred dollars ($500.00) to Diane M. Dils, Esquire, as a result of said frivolous filing. Respectfully submitted, 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in this Answer to Petition for Contempt with New Matter and Counterclaim are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DJ~NISE ANN SMYSE'~ [ Date: January 10, 2005 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Answer to Petition for Contempt with New Matter and Counterclaim 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 l0th day of January 2005, addressed as follows: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Date: January 10, 2005 Respectfully submitted, Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 :1 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 -1248 CIVIL TERM DANIEL LEE SMYSER, Plaintiff DENISE ANN SMYSER, Defendant CIVIL ACTION-LAW IN DIVORCE REPLY TO NEW MATTER 11. Admitted. 12. Admitted. 13. Denied. Although there is no prohibition for Wife to lease the mobile home to a third party, such activity violates the spirit of the agreement as Husband continues to be obligated on the loan for the mobile home which effects Husband's ability to borrow money. 14. Husband is without sufficient information to reply to the averments in paragraph 14 and proof is demanded at the time of trial. 15. Husband is without sufficient information to reply to the averments in paragraph 15 and proof is demanded at the time of trial. 16. Husband is without sufficient information to reply to the averments in paragraph 16 and proof is demanded at the time of trial. Further, no l~xhibit was attached to the pleading filed by Wife which was received by Husband. 17. Husband is without sufficient information to reply to the averments in paragraph 17 and proof is demanded at the time of trial. 18. Husband is without sufficient information to reply to the averments in paragraph 18 and proof is demanded at the time of trial. WHEREFORE, Husband respectfully requests that this Honorable Court adjudicate Wife in contempt of court. II WIFE'S COUNTERCLAIM 19. Admitted. 20. Denied. The petition for contempt filed by Husband alleges Wife violated the spirit of the marital settlement agreement. 21. Admitted. 22. Denied. The petition for contempt raises an issue which is important to Husband. 23. Husband is without sufficient information to reply to the averments in paragraph 23 and proof is demanded at the time of trial. 24. Denied. Husband is paying his own counsE!1 fees and Wife should pay her own counsel fees relative to this matter. WHEREFORE, undersigned counsel respectfully n~quests that this Honorable Court dismiss Wife's Counterclaim. Respectfully submitted, O'BRIEN, BARIC & SCHERER II 1t~ Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas/DomesticJSmyser/newmatter.reply II II , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 -1248 CIVIL TERM DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, Defendant CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Reply to New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. / C:;' /l ' ff~ Dani~e Smyser January 24, 2005 'I DANIEL LEE SMYSER, Plaintiff V. DENISE ANN SMYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 -1;!48 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on January 27,2005, I, Tina M. Ascani, of O'Brien, Baric & Scherer, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Diane M. Oils, Esquire 1017 North Front Stn3et Harrisburg, Pennsylvania 17102 (f-<u. rJf. ~f!~ Tina M. Ascani, Secretary r-' ;(~;':-:':~ L..n t-,~ :';:;;','" ::::: 1'.' CD -:'~ C:,) !"'>.' r-o ""'J,