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HomeMy WebLinkAbout06-1337JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. C? - /227 w?Lr --V MICHAEL E. SNYDER, Defendant 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 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 at the Cumberland County Courthouse, Harrisburg, PA 17101. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notifcacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERICIO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. SNYDER, Defendant NO. O(o - 1337 IN DIVORCE COMPLAINT COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Julie M. Snyder who currently resides at 908 Peachtree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Michael E. Snyder who currently resides at 908 Peachtree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 28, 1989 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff incorporates by reference paragraphs I through 9 of this Complaint. 11. Plaintiff and Defendant possess various items of personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests your Honorable Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. McNEES WALLACE & NURICK LLC J. ,,Paul Helvy / VD. #53148 100 Pine Street' P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Plaintiff Dated: 3) 9101 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. I ?(c Dated: ? ri -?. ? ? ? ? ? ?? ?- ? c ©d '? ?- ? - _ ? ?, ? ° G w ? -. ? ? a ???. ?= McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelvvna.mwn.com Attorney for Plaintiff JULIE M. SNYDER, Ilaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. SNYDER, Defendant NO. 06-1337 IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, counsel for Defendant, Michael E. Snyder, do hereby swear and affirm that have I accepted service of a true and correct copy of the Complaint in Divorce in the above-captioned action on behalf of my client on ? ?W?cl 2006. Sam I L. Andes ?? ,_.. _ : , ? : ._; _.. _, . v_ , ?' =` ;; f-- ?{ _ - . C:. JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1337 MICHAEL E. SNYDER, Defendant IN DIVORCE PLAINTIFF'S PETITION TO COMPEL RESPONSES TO DISCOVERY AND NOW comes Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition to Compel Responses to Discovery, and in support thereof, avers as follows: 1. The Petitioner is Julie M. Snyder, ("Wife"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 1. The Respondent is Michael E. Snyder, ("Husband"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. A Divorce Complaint was initiated in the above-captioned action on March 9, 2006. 3. After the undersigned was unable to obtain the necessary documentation to process this case informally, on May 5, 2006, a Request for Production of Documents which consisted of a total of five (5) requests, a copy of which is attached hereto and marked as Exhibit "A," was forwarded to counsel for Husband, Samuel A. Andes. 4. Although the undersigned has telephoned opposing counsel to inquire as to the status of these discovery requests, he has received no response to date. 5. The Petitioner has and will continue to incur attorney's fees as a result of Husband's refusal to provide the information needed to process this case. 6. At least some portion of the information requested is necessary in order to make an intelligent determination as to whether the parties can continue to afford to send their children to private school this fall. This determination must be made by July 9, 2006. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order requiring opposing counsel to: a) Respond to the aforesaid Request for Production of Documents; b) Pay Petitioner's attorney's fees in the amount of $500.00 for the preparation and presentation of this Petition. By Dated: June 27, 2006 Respectfully submitted, McNEES WALLACE & NURICK ?J. Paul elvy I. D. 3148 1 Pine S e . O. Box 1 66 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 Fax 2 CERTIFICATE OF SERVICE I, Shelli Bishop, Paralegal to J. Paul Helvy, hereby certify that on this date a true and correct copy of the foregoing document was served via hand delivery upon the following: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 She li Bishop, Paralegal Dated: June 27, 2006 F,xhi bi+ A W N McNees Wallace & Nurick LLC attorneys at law J. PAUL HELVY DIRECT DIAL: (717) 237-5343 E-MAIL ADDRESS: PHELVY@MWN.COM May 5, 2006 VIA FIRST CLASS MAIL Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 RE: Julie M. Snyder v. Michael E. Snyder No. 06-1337 Dear Sam: Enclosed please find Plaintiffs Request for Production of Documents - First Set which we have prepared regarding the above-captioned matter. I look forward to your prompt response. Very truly yours, McNEES WALLACE & NURICK LLC By J. Paul Helvy JPH/smb Enclosures cc: Julie M. Snyder P.O. Box 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAx: 717.237.5300 • WWW.MWN.COM HAZLETON, PA • LANCASTER, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC McNEES WALLACE & NURICK LLC By: J. Paul Helvy, Esq. Attorney I.D. No. 53148 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 phelyv .mwn.com Attorneys for Plaintiff Julie M. Snyder JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1337 MICHAEL E. SNYDER, Defendant IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS - FIRST SET Pursuant to Rule 4009.11 of the Pennsylvania Rules of Civil Procedure, the above- named Plaintiff, by and through her undersigned counsel, hereby demands that the party to whom these Requests for Production of Documents are addressed answer fully, in writing, and under oath, with the signed Verification attached hereto, the following Document Requests, and make available for inspection and copying all documents responsive to these Document Requests, within thirty (30) days as prescribed by Rule 4009.12 of the Pennsylvania Rules of Civil Procedure. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the Document Request, the following definitions are to be considered to be applicable to all interrogations contained herein: (A) "Documents" is an all-inclusive term, referring to any writing and/or recorded or graphic matter however produced or reproduced. The term "Documents" includes without limitation, electronic communications, correspondence, memoranda, interoffice communi- cations, minutes, reports, notes, schedules, analyses, drawings, diagrams, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and other such documents, tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating picture film, phonograph records, or other form. (B) With respect to documents, the term "Identify" means to give the date, title, author, and addresses; "Identify" with respect to documents further means: (i) To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (ii) To describe it in a manner suitable for use as a description in a subpoena; and (iii) To give the name, address, position, or title of the person(s) who has custody of the document and/or copies thereof. (C) Whenever the expression "and/or' is used in these interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (D) No answer is to be left blank. If the answer is to a Document Request or subparagraph of a Document Request is "none" or "unknown," such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. (E) These Document Requests are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. (F) If additional space is required for an answer, attach supplemental answer sheet which clearly identifies the Document Request number. (G) If you object to any Document Request, or if any information responsive to any Document Request is withheld based on any claim or privilege or protection from discovery of any kind, describe generally the information withheld, state the privilege being relied upon, and identify all persons or entities who have or have had access to said information. If you refuse to provide any document on the basis of a claim of privilege or protection from discovery or any kind, with respect to each such document, set forth the following information: (1) The date of the document; (2) its author(s); (3) all recipients of the document; -2- (4) the present location and custodian of the document; and (5) the basis for the claim of privilege or protection from discovery. To the extent that the claim of privilege or protection applies only to a portion of the responsive documents, all portions for which privilege or protection are not claimed must be produced. (H) The terms "you" and "your" include, without limitation, Defendant, and his agents or other representatives acting or purporting to act on his behalf or at his direction. DOCUMENT REQUESTS Defendant's most recent PSERS statement. 2. All documents including monthly statements, check registers, checks written, etc., regarding any financial accounts which Defendant holds individually or jointly with another for the past four months. 3. All documentation regarding any savings bonds accumulated during the marriage including any bonds owned by the children or held on their behalf. 4. All documentation regarding any outstanding marital debt including credit card statements, mortgage statements, loan statements, etc., as of February and March 2006. 5. Documentation evidencing the identity and value as of March 2006 of any and all assets which you consider to be marital property subject to Equitable Distribution. McNEES WALLACE & NURICK LLC By J. Paul Helvy Date: Attorneys for Plaintiff -3- CERTIFICATE OF SERVICE A true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Samuel L. Andes, Esq. 525 North Twelfth Street Lemoyne, PA 17109 Shelli Bishop, Paralegal for J. Paul Helvy, Esquire Counsel for Plaintiff Date: f_? f?.1 ?J L `. _i 7 _ C _ ""'? T ry v .._....... ? , ' j .. -•i C..: .13 JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHAEL E. SNYDER, : Defendant NO. 06-1337 CIVIL TERM ORDER OF COURT AND NOW, this 30'` day of June, 2006, upon consideration of Plaintiffs Petition To Compel Responses to Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J. Paul Helvy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Plaintiff \ Samuel L. Andes, Esq. / 525 N. 12th Street Lemoyne, PA 17043 Attorney for Defendant :rc ,-,^? ,. t,''yuu ?.. ? ?` ?a ? ?. ?;? JULIE M. SNYDER, Plaintiff/Petitioner V. MICHAEL E. SNYDER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1337 IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition for Special Relief and, in support thereof, avers as follows: 1. The Petitioner is Julie M. Snyder, an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Pennsylvania 17055. 2. The Respondent is Michael E. Snyder, an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of Zachary M. Snyder, born on May 12, 1993, and Benjamin M. Snyder, born on January 16, 1997. 4. Petitioner initiated a Divorce Complaint on March 9, 2006. 5. Since March 2006, Petitioner has resided outside of the marital residence, and the majority of the marital property remains at the residence. 6. Included in items remaining in the marital residence are two Dell Desktop computers, and external computer media, including CDs and discs. 7. The first computer was purchased in approximately 1998, and was last known to be located in Zachary's bedroom. 8. The second computer was purchased in approximately 2004 from Petitioner's employer, Transfer Technology, and was last known to be located in the spare bedroom. 9. Petitioner knows that the second computer contains software licensed to Petitioner's employer, Transfer Technology, including the Microsoft Office Suite, as well as Petitioner's work related and personal files. 10. Petitioner also believes that the first computer may contain similar files. 11. Additionally, Petitioner believes that the external media may contain items belonging to Transfer Technology, and Petitioner's work related and personal files. 12. It is imperative that Petitioner either regains possession of the computers and external media containing the licensed software and Petitioner's files, or in the alternative, ensure that all licensed software is removed from the computers and external media, and that all files are downloaded for Petitioner. 13. In October 2006, through counsel, Petitioner requested that Respondent provide access to the hard-drives of the computers in order to remove licensed software and download the files. 14. Respondent, through counsel, refused to provide Petitioner with the hard- drives, but agreed to copy files that Petitioner identifies. 15. Petitioner believes that Respondent's solution is inadequate as: a) Petitioner has to remove software licensed to Transfer Technology from the computers if the computers remain outside of Petitioner's possession; b) Petitioner does not know all of the names of the files she requires; and -2- C) Petitioner has to regain possession of the external media licensed to or related to the business of Transfer Technology. 16. Petitioner estimates that it would take 48 hours per computer to remove Transfer Technology's licensed software and download files. 17. Ideally, Petitioner would prefer to obtain possession of the second computer, last known to be located in the spare bedroom, for the use of the children and Petitioner, as this is the computer containing the majority of the software and files. 18. With regard to any of these computers that remain outside of the Petitioner's possession, Petitioner requires access, via delivery to Petitioner's counsel, to the computer tower(s), including the hard-drive(s) of such computer(s), in order to remove software and download files. 19. Petitioner also requires access to all external media located in the residence, including all CDs and discs, in order to remove items licensed to Transfer Technology, and to download Petitioner's files. Petitioner requests that all external media be delivered to Petitioner's counsel, and upon removing items containing software licensed to Transfer Technology and downloading files, all remaining external media will be returned to Respondent's counsel. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order either: a) granting Petitioner possession of the second computer, last known to be located in the spare bedroom, and access, via delivery of the items to Petitioner's counsel, to the tower, including the hard-drive, of the first computer, last known to be located in Zachary's bedroom, and external media located in the residence for approximately 48 hours -3- in order to remove software licensed to Transfer Technology and download files; or in the alternative, b) granting Petitioner access, via delivery of the items to Petitioner's counsel, to both computer towers, including the hard-drives, and external media located in the residence for approximately 96 hours in order to remove software licensed to Transfer Technology and download files. Respectfully submitted, McNEES WALLACE & NURICK LLC By J. aul Helvy, E uir YD. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-5343 (7170 237-5300 (fax) Dated: October 18, 2006 Attorneys for Petitioner -4- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Date: October 18, 2006 Q C3 a JULIE M. SNYDER, Plaintiff V. MICHAEL E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1337 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of October, 2006, upon consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. /Paul Helvy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Plaintiff .8/amuel L. Andes, Esq. 525 N. 12th Street Lemoyne, PA 17043 .l Attorney for Defendant :rc ?oNP .b BY THE COURT, Ail P a JULIE M. SNYDER, Plaintiff V. MICHAEL E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 06-1337 CIVIL : IN DIVORCE PLAINTIFF'S PETITION TO COMPEL RESPONSES TO DISCOVERY AND NOW comes Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition to Compel Responses to Discovery, and in support thereof, avers as follows: 1. The Petitioner is Julie M. Snyder, ("Wife"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Michael E. Snyder, ("Husband"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. A Divorce Complaint was initiated in the above-captioned action on March 9, 2006. 4. After the undersigned was unable to obtain the necessary documentation to process this case informally, on May 5, 2006, a letter, together with a Request for Production of Documents which consisted of a total of five (5) requests, was forwarded to counsel for Husband, Samuel A. Andes, copies of which are attached hereto and marked as Exhibit "A." 5. The May 5, 2006 document included requests for Husband's PSERS statement, and for information relating to accounts that Husband has held individually or jointly with another over the past four months, among other items. 6. Although the undersigned telephoned opposing counsel to inquire as to the status of the May 5, 2006 discovery requests, no response was received. 7. As a result, on June 27, 2006 Wife filed a Petition to Compel Responses to Discovery. 8. On July 7, 2006, opposing counsel filed an Answer to Plaintiffs Request for Production of Documents. This Answer contained only partial information relating to Husband's PSERS account, including only a portion of a statement for the 2004-2005 school year. Additionally, there was also only a partial response for accounts that Husband holds at the Susquehanna Valley Federal Credit Union. Specifically, although Husband produced statements for his separate account, and for an account owned jointly with Wife, Husband failed to produce any documentation relating to accounts he holds jointly with the children at Susquehanna Valley Federal Credit Union. 9. The undersigned contacted opposing counsel in a letter dated September 26, 2006, a copy of which is attached hereto and marked as Exhibit "B," and specifically requested a complete copy of the most recent earned benefits statement for Husband's PSERS account, and statements for Husband's joint accounts with the children held at Susquehanna Valley Federal Credit Union. 10. The undersigned again sent correspondence to opposing counsel, in a letter dated October 25, 2006, a copy of which is attached hereto and marked as Exhibit "C," and again requested the PSERS information. The undersigned indicated that court intervention would be sought in this matter unless documentation relating to the PSERS account was received within ten (10) days of the date of the letter. 11. The undersigned has received no response to date relating to the requests for complete information for Husband's PSERS account and documentation relating to the Husband's accounts held with the children at Susquehanna Valley Federal Credit Union. 2 12. The compete PSERS account information is necessary in order to have an appraisal completed. 13. The Petitioner has and will continue to incur attorney's fees as a result of Husband's refusal to provide the information needed to process this case. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order requiring opposing counsel to: a) Produce a complete copy of the most recent earned benefits statement for Husband's PSERS account, and statements for Husband's joint accounts with the children held at Susquehanna Valley Federal Credit Union; b) Pay Petitioner's attorney's fees in the amount of $500.00 for the preparation and presentation of this Petition. Respectfully submitted, McNEES WALLACE & NURICK LLC Dated: November 1, 2006 3 P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 Fax Exhi b?+ A McNees Wallace & Nurick LLC attorneys at law May 5, 2006 VIA FIRST CLASS MAIL Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 RE: Julie M. Snyder v. Michael E. Snyder No. 06-1337 Dear Sam: FILE COPY J. PAUL HELVY DIRECT DIAL: (717) 237-5343 E-MAIL ADDRESS: PHELVY@MWN.COM Enclosed please find Plaintiffs Request for Production of Documents - First Set which we have prepared regarding the above-captioned matter. I look forward to your prompt response. Very truly yours, McNEES WALLACE & NURICK LLC By -. pauj_? J. Paul Helvy J P H/sm b Enclosures cc: Julie M. Snyder P.O. Box 1166 - 100 PINE STREET - HARRISBURG, PA 17108-1166 - TEL: 717.232.8000 - FAx: 717.237.5300 - WWW.MWN.COM HAZLETON, PA - LANCASTER, PA - STATE COLLEGE, PA - COLUMBUS, OH - WASHINGTON, DC McNEES WALLACE & NURICK LLC By: J. Paul Helvy, Esq. Attorney I.D. No. 53148 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 phelvy a-mwn.com Attorneys for Plaintiff Julie M. Snyder JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 06-1337 MICHAEL E. SNYDER, Defendant IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS - FIRST SET Pursuant to Rule 4009.11 of the Pennsylvania Rules of Civil Procedure, the above- named Plaintiff, by and through her undersigned counsel, hereby demands that the party to whom these Requests for Production of Documents are addressed answer fully, in writing, and under oath, with the signed Verification attached hereto, the following Document Requests, and make available for inspection and copying all documents responsive to these Document Requests, within thirty (30) days as prescribed by Rule 4009.12 of the Pennsylvania Rules of Civil Procedure. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the Document Request, the following definitions are to be considered to be applicable to all interrogations contained herein: (A) "Documents" is an all-inclusive term, referring to any writing and/or recorded or graphic matter however produced or reproduced. The term "Documents" includes without limitation, electronic communications, correspondence, memoranda, interoffice communi- cations, minutes, reports, notes, schedules, analyses, drawings, diagrams, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and other such documents, tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating picture film," phonograph records, or other form. (B) With respect to documents, the term "Identify" means to give the date, title, author, and addresses; "Identify" with respect to documents further means: (i) To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (ii) To describe it in a manner suitable for use as a description in a subpoena; and (iii) To give the name, address, position, or title of the person(s) who has custody of the document and/or copies thereof. (C) Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (D) No answer is to be left blank. If the answer is to a Document Request or subparagraph of a Document Request is "none" or "unknown," such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. (E) These Document Requests are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. (F) If additional space is required for an answer, attach supplemental answer sheet which clearly identifies the Document Request number. (G) If you object to any Document Request, or if any information responsive to any Document Request is withheld based on any claim or privilege or protection from discovery of any kind, describe generally the information withheld, state the privilege being relied upon, and identify all persons or entities who have or have had access to said information. If you refuse to provide any document on the basis of a claim of privilege or protection from discovery or any kind, with respect to each such document, set forth the following information: (1) The date of the document; (2) its author(s); (3) all recipients of the document; (4) the present location and custodian of the document; and -2- (5) the basis for the claim of privilege or protection from discovery. To the extent that the claim of privilege or protection applies only to a portion of the responsive documents, all portions for which privilege or protection are not claimed must be produced. (H) The terms "you" and "your" include, without limitation, Defendant, and his agents or other representatives acting or purporting to act on his behalf or at his direction. DOCUMENT REQUESTS 1. Defendant's most recent PSERS statement. 2. All documents including monthly statements, check registers, checks written, etc., regarding any financial accounts which Defendant holds individually or jointly with another for the past four months. 3. All documentation regarding any savings bonds accumulated during the marriage including any bonds owned by the children or held on their behalf. 4. All documentation regarding any outstanding marital debt including credit card statements, mortgage statements, loan statements, etc., as of February and March 2006. 5. Documentation evidencing the identity and value as of March 2006 of any and all assets which you consider to be marital property subject to Equitable Distribution. McNEES WALLACE & NURICK LLC By J. Paul Helvy Attorneys for Plaintiff Date: -3- CERTIFICATE OF SERVICE A true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Samuel L. Andes, Esq. 525 North Twelfth Street Lemoyne, PA 17109 Shelli M. Bishop, Paralegal for J. Paul Helvy, Esquire Counsel for Plaintiff Date: Exhibit g AWN McNees Wallace & Nurick LLC attorneys at law J. PAUL HELVY DIRECT DIAL: (717) 237-5343 E-MAIL ADDRESS: PHELVY@MWN.COM September 26, 2006 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 RE: Julie M. Snyder v. Michael E. Snyder No. 06-1337 Dear Sam: I suspect that by the time you receive this letter, you will have been contacted by Alyssa Loney regarding the appraisal of the personal property located in the marital residence. 1 believe that it will be necessary for us to have a handle on the value of the contents of the marital residence, including various collections (Longaberger baskets, Hummels, duck decoys, antiques, etc.). Julie has reason to believe that some of the items of personalty have been removed from the marital residence. Please have your client return them prior to the appraisal. We will be comparing a list of appraised items with Julie's understanding of what existed in the house at separation. Failure to return the removed items of personalty will only result in increased legal fees for which we will seek reimbursement. I believe it will be necessary for us to have your client's pension appraised. The documentation that you previously provided regarding his pension is not sufficient to enable us to have that done. Please provide me with a complete copy of the most recent earned benefits statement from your client. In addition, please indicate whether your client is willing to pay one-half of the cost to have Conrad Siegel appraise this pension. It is my understanding that your client has accounts with each of the children at the Susquehanna Valley Federal Credit Union. Please provide me with current and December 31, 2005 statements regarding each of these accounts. With regard to the marital residence, we would like to get it appraised by Mark Heckman in order to ascertain its current value. I will contact Mark Heckman to ask him to work through your office to gain access to the house. P.O. Box 1166 - 100 PINE STREET - HARRISBURG, PA 17108-1166 - TEL: 717.232.8000 - FAX: 717.237.5300 - WWW.MWN.COM COLUMBUS, OH - LANCASTER, PA - STATE COLLEGE, PA - HAZELTON, PA - WASHINGTON, DC E-xhibi+ C AVIV McNees Wallace & Nurick LLC attorneys at law J. PAUL HELVY DIRECT DIAL: (717) 237-5343 E-MAIL ADDRESS: PHELVY@MWN.COM October 25, 2006 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 RE: Julie M. Snyder v. Michael E. Snyder No. 06-1337 Dear Sam: On September 6, you indicated that your client would like to move ahead on the divorce. On September 26, 1 indicated that I thought it would be necessary to get your client's pension appraised, and asked you to provide me with a complete copy of the most recent copy of the earned benefits statement. To date, I have not received that documentation. If I do not receive that documentation from you within 10 days of the date of this letter, I will seek Court intervention in this matter. Very truly yours, JPH/mca cc: Julie M. Snyder McNEES WALLACE & NURICK LLC By elv P.O. Box 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA - WASHINGTON, DC CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Michele Beery, Secreta Date: November 13, 2006 JULIE M. SNYDER, Plaintiff ) vs. ) ) ) MICHAEL E. SNYDER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1337 IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Petition for Special Relief 1 - 5. Admitted. 6. Admitted. However, by way of further answer, Defendant states that Plaintiff has removed various items of personal property from the house and that the parties have not yet agreed upon a final division or distribution of their tangible personal property. 7. Admitted. 8. Admitted. 9. Denied. To Defendant's knowledge, the computer which the parties purchased does not contain software licensed to anyone else because that would be a violation of the license agreement and, potentially, the law. He acknowledges that the computer contains information which Plaintiff wishes to extract from the computer and he has offered to do that for her or to allow her to come to the house and extract the information for her use. To date, he has not received any response from Plaintiff to that offer. -1- 10. Admitted. Defendant incorporates herein by reference the averments set out in his answer to Paragraph 9 above. 11. Denied. Defendant has no knowledge of any information on the computer that belongs to Plaintiff's employer and does not believe that any confidential or proprietary information is on the computer. Moreover, Defendant has offered to make that information available to and provide it to Plaintiff and Plaintiff has not responded to that offer. 12. Denied. It is not imperative that Plaintiff recover the computers or recover information or software which she apparently believes she wrongfully removed from her employer. Defendant has offered to make that information available to Plaintiff and Plaintiff has not, as yet at least, responded to that offer. 13. Admitted. 14. Denied. Defendant offered to make that information available to Plaintiff to remove from the computers and offered to allow Plaintiff to have access to the computers for that purpose. Defendant has refused to agree to deliver both computers to Plaintiff because they are marital assets which the parties have not yet agreed to divide. 15. Denied. The remedy which Defendant has offered to Plaintiff, which involves downloading virtually all of the information from the computers, will address and satisfy her alleged need for the computers and the information on them. 16. Defendant denies that estimate as accurate. Moreover, he is willing to cooperate with Plaintiff to permit her to download the information from the computers. 17. Defendant denies that it is appropriate to deliver the newer computer to Plaintiff because that is the computer which the children use when they are in Defendant's custody and because Defendant and the children have need for it at Defendant's home. -2- 18. Denied. Plaintiff can retrieve any information she needs from the computers without them being delivered to her attorney and Plaintiff has offered to assist her in that process. 19. Defendant is without knowledge as to exactly what "all external media" means in this paragraph but he denies that it is necessary for Plaintiff to have complete and unfettered access to all computer information and material located in the home. Moreover, to the extent that Plaintiff requires access to that material, she can have it without all of the computers, including hardware and software, being removed from the house and delivered to Petitioner's attorney. It is important to recall that Plaintiff left the marital residence in March of 2006 and, both when she left and on several occasions when she returned to the home after leaving, she removed from the house whatever items she did and, on none of those occasions, did she deem it sufficiently important to remove the computers or download any of the information from the computers. WHEREFORE, Defendant prays this Court to dismiss Plaintiff s petition and direct the Plaintiff to cooperate with Defendant so that the information she seeks from the computers can be downloaded and provided to her as Defendant has offered and the computers can be divided at the time the parties' other personal property is divided and distributed. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 -3- li I, i I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: MI HAEL E. S E -4- yam' '-at', _ -L. 4 ??k S=am{T, ` ? ti' ? '{? 1 'S-- q?.? ' ?. . ?i ?Lr '". t ? S= JULIE M. SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 06-1337 CIVIL MICHAEL E. SNYDER, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of , 2006, upon review of Plaintiffs Petition to Compel Responses to Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. w -rue: nr'll IMT. c! 0:;, _0 JULIE M. SNYDER, Plaintiff VS. MICHAEL E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1337 IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO COMPEL DISCOVERY AND NOW comes the above-named Defendant by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Petition to Compel: 1 through 3. Admitted. 4. Denied as stated. Defendant has provided information voluntarily to Plaintiff throughout this case. 5. Admitted. 6. Denied as stated. It took Defendant and his counsel several weeks to identify, assemble, and process the documents which Plaintiff had requested and to prepare and file an appropriate answer. Defendant acted with reasonable dispatch to respond to Plaintiff's discovery request. 7. Admitted. 8. Admitted in part and denied in part. Defendant provided to Plaintiff the documents he had available at the time and made a good faith effort to respond to all of the Plaintiff's requests. The accounts for which he did not provide statements are accounts which he holds for the benefit of the children and are not his accounts, but are the property of the children and therefore those documents were not subject to Plaintiff's Request. Moreover, until the filing of the Petition to Compel, Plaintiff had made no complaint about the documents provided by Defendant in response to Plaintiff's Request. 9. Admitted. There was, however, confusion as to whether Plaintiff was requesting a copy of the PSERS statement for Defendant's account for the Plan year which ended 30 June 2006 or for prior years. As a result of that confusion, Defendant's response to Plaintiff's letter was delayed while Defendant's counsel attempted to determine whether a statement for the plan year ended 30 June 2006 was, in fact, available. 10. Admitted. 11. Although this statement is accurate as of the date of Plaintiff's Petition to Compel, it is no longer accurate because Defendant and his counsel have resolve the confusion and provided to Plaintiff's attorney a full copy of the statement of account for the plan year which ended 30 June 2004 for Defendant's account within the Public School Employees Retirement System. Defendant opposes providing Plaintiff with copies of accounts held for the benefit of the children because those are not marital assets subject to the jurisdiction of the court in this divorce action. Moreover, information about assets held by the children is not necessary to have any of the marital assets appraised or otherwise valued. 12. Admitted. Byway of further answer, however, Defendant states that this matter is not yet scheduled for a hearing or any other proceeding which would resolve or dispose of the economic issues. As a result, having the various assets appraised now may only involve a duplication of effort and waste of attorneys fees and expenses. 13. Admitted. However, by way of further answer, Defendant states that he, too, is incurring unnecessary fees and expenses because of Plaintiffs demand for information before it can be properly utilized by the properties or the court. WHEREFORE, Defendant asks this court to dismiss Plaintiffs Petition to Compel. &ji;" I e?ankel L. An As Attorney for Defendant Supreme Court ID # 17225 525 North 12"' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 L1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: J. Paul Helvy, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 Date: 28 November 2006 Amy M. kins Sec etary for Samuel L. Andes C c i .CI r r , Commonwealth of Pennsylvania County of Cumberland, as: JULIE M. SNYDER, Plaintiff ) vs. } MICHAEL E. SNYDER, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2006-1337 CIVIL TERM Motion for Appointment of Master MICHAEL E. SNYDER, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (xxx) Counsel Foes ( ) Alimony Pendente Lite (xxx) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, J. Paul He". 3. The statutory ground(s) for divorce is/are: *P "_ 4. Check the applicable paragraph(s). (xxx) The action is aSFcontested. ( ) An agreement has been reached with respect to the following claims: (X ) The action is contested with respect to the following claims: 4t ?Wn:- 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: 2_s t?cyer?? Date el L. Wes Attorney for Plaintiff AND NOW, 2008, , Esquire, is appointed Master with respect to the following claims: divorce. BY THE COURT, J. "'C Commonwealth of Pennsylvania JUN $ s 20K County of Cumberland, ss: JULIE M. SNYDER, ) In the Court of Common Pleas of Plaintiff ) Cumberland County, Pennsylvania vs. ) No. 2006-1337 CIVIL TERM MICHAEL E. SNYDER, ) Defendant ) Motion for Appointment of Master MICHAEL E. SNYDER, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (xkx) Counsel Fees ( ) Alimony Pendente Lite (xxx) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, J. Paul Heivy. 3. The statutory ground(s) for divorce islare: -et hm - 4. Check the applicable paragraph(s). (xxx) The action is OFcontested. ( ) An agreement has been reached with respect to the following claims: (X ) The action is contested with respect to the following claims: 41 m? 5. The action does not involve complex issues of law or fact. 8. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: Date el L. Wes Attorney for Plaintiff AND NOW, 07 2008, Zquire, is appointed Master respect to the following claims: divorce. THE CO , I C') 3 `k 4 Gf t +W N ' y 1 • d l 4'? V rQ T ?../ i i. °') JULIE M. SNYDER, Plaintiff ) vs. ) MICHAEL E. SNYDER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1337 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to award him exclusive possession of the former marital residence of the parties, based upon the following: 1. Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties were married on 28 November 1987 and are the parents of two minor children, Zachary M. Snyder, born 12 May 1993 and now age 15, and Benjamin M. Snyder, born 16 January 1998, and now age 10. The custody of the children is the subject of an order entered by this court in a custody action, as a result of which the parties each have substantial periods of physical custody of the children. 3. During the marriage the parties purchased a residence at 908 Peachtree Drive in Mechanicsburg, Cumberland County, Pennsylvania. That property was the marital residence until Wife moved from it in March of 2006. 4. Since the date of the parties separation, in March of 2006, Husband has resided in the residence at 908 Peachtree Drive and has paid all of the expenses associated with the property. During that time Wife has lived with her parents elsewhere in Cumberland County. 5. Recently severe difficulties have arisen between Plaintiff and Defendant which makes Defendant desirous of being awarded exclusive possession of the residence to protect his property and his privacy. 6. Defendant believes he should be awarded exclusive possession of the residence for the following reasons: A. Plaintiff voluntarily removed herself and the children from the residence two and a half years ago. B. Plaintiff has removed from the residence all of the furnishings and other possession which she apparently desires to remove. Plaintiff has not made any demands to remove additional items. C. Defendant is currently preserving the residence and paying all of the expenses of the property. D. Recent disputes have arisen between the parties and, during those disputes, Plaintiff has come to the residence without prior arrangements entered, or attempted to enter, the property. These visits by the Plaintiff have caused confrontation which is uncomfortable to both parties and which is entirely unnecessary. 7. Defendant wishes to have the privacy of the home knowing that Plaintiff will not come to the home unannounced or enter it without his advance knowledge or permission. 8. The parties have arranged the exchange of their children for purposes of custody without the necessity of either party entering the residence of the other or exiting their vehicle at the time of the custody exchange. The majority of custody exchanges are arranged through transportation of the children from school to each parent's home and involve no contact between Plaintiff and Defendant whatsoever. 9. Defendant believes that Plaintiffs visits to the home are not for legitimate or good faith reasons but are intended to annoy Defendant. 10. Plaintiff has no need to come to the residence at 908 Peachtree Drive and awarding Defendant exclusive possession of the property will not create any burden or difficulty for Plaintiff. 11. Plaintiff does not concur in the Defendant's request for exclusive possession of the residence. 12. Prior orders in this action and related actions have been entered by the Honorable M.L. Ebert of this court. WHEREFORE, Defendant prays this court to award him exclusive possession of the former marital residence at 908 Peachtree Drive in Mechanicsburg, Cumberland County, Pennsylvania. a el L. n s Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: /G' , 3 o - O Y 4 ?LE. .J ? } .. } rte) ?`-._.? , .? ?w i? ?a,? ?} ',; ?d i. JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. SNYDER, DEFENDANT NO. 06-1337 CIVIL ORDER OF COURT AND NOW, this 5th day of November, 2008, upon consideration of the Defendant's Petition for Exclusive Possession of a Marital Residence, 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 November 25, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. J. Paul Helvy, Esquire Attorney for Plaintiff 4VIIA.?,.l L1-0S• 0F' Samuel L. Andes, Esquire 411f Attorney for Defendant `- bas } ` ?lJ?il 9,?.? N ?S ?? ?' AQM 811 McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 (717) 237-5300 (facsimile) phelyya-mwn.com JULIE M. SNYDER, Plaintiff V. MICHAEL E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1337 IN DIVORCE ANSWER TO PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes Julie M. Snyder, by and through her attorneys McNees Wallace & Nurick LLC and files this Answer to the Petition for Exclusive Possession. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that an incident occurred on October 9, 2008, which resulted in the entry of a PFA Order against the Defendant, and the issuance of criminal charges against Defendant which are still pending. The portion of this averment relating to the Defendant's desires are denied as Plaintiff is not aware of Defendant's desires. 6. Although the Plaintiff has no objection to the entry of an Order granting the Defendant exclusive possession of the marital residence, she would like the Order to reflect the fact that pickup and drop-offs of the children occur at the marital residence, and it is not uncommon for the Plaintiff to assist the children with their belongings when picking them up during the custody exchanges. A. Admitted. B. Denied. It is specifically denied that Plaintiff has removed from the residence all of the furnishings and other possessions which she desires to remove. It is admitted that Plaintiff has not made any demands to remove additional items as it is anticipated that this issue will be addressed by the divorce master. C. Admitted in part and denied in part. It is admitted that the Defendant currently resides in the marital residence. After reasonable investigation, Plaintiff is without sufficient information to admit or deny that Defendant is "currently preserving the residence and paying all of the expenses of the property" and strict proof thereof is demanded at trial. D. Admitted in part and denied in part. As stated, it is admitted that a recent dispute has indeed arisen between the parties resulting in the entry of a PFA against Defendant and the issuance of criminal charges against the Defendant. It is denied that Plaintiff has come to the residence without prior arrangements, with one exception when the Plaintiff was contacted by the minor 2 I children who had been left home alone. It is denied that Plaintiff has ever entered or attempted to enter the marital residence since she vacated the residence in March 2006. It is specifically denied that the Plaintiff has caused any confrontations between the parties. 7. Denied as stated. Plaintiff has insufficient information regarding Defendant's wishes to admit or deny the veracity of this averment. To the extent that this averment implies that the Plaintiff has come to the home unannounced except when the children have been left unattended or have ever attempted to enter the marital residence, this averment is denied. 8. Admitted in part and denied in part. It is admitted that it not necessary for either party to enter the residence of the other during the parties' custody exchanges. It is denied that there is no need for either party to exit their vehicle at the time of the custody exchange. As previously stated, it is not uncommon for both of the parties to exit their vehicles at the time of the custody exchanges in order to assist the children in transporting their personal belongings which include schoolwork, musical equipment, sporting equipment and at times, camping equipment. It is admitted that some of the custody exchanges involve no contact between the Plaintiff and Defendant. 9. Denied as stated. It is specifically denied that the Plaintiffs visits to the home are not for legitimate or good faith reasons. It is further denied that it is the Plaintiffs intent to annoy the Defendant when she comes to the Defendant's home to pick up the children for the scheduled custody exchanges. 10. Denied. It is denied that Plaintiff has no need to come to the residence at 908 Peachtree Drive, given the fact that the existing custody order specifically contemplates that some of the pickup and drop-offs will occur at the parties' residences. It is denied that awarding the Defendant exclusive possession of the marital residence will not create any burden or difficulty for the Plaintiff as it is anticipated that being forced to watch the children attempt to lug their school work, musical equipment, sporting equipment, etc. without any assistance could indeed create a burden and difficulty for the Plaintiff. 11. Denied. It is denied that Plaintiff does not concur in the Defendant's request for exclusive possession of the marital residence. As previously stated, Plaintiff agrees to the entry of an Order which would permit the Plaintiff to pull her car into the driveway and come to the door to assist the children with their personal belongings during custody exchanges. 12. Admitted. WHEREFORE, Plaintiff agrees to the entry of an Order granting Defendant exclusive possession of the marital residence provided that Order grants the Plaintiff the right to pull her car into the Defendant's driveway and to travel between her car and the front door of the marital residence in order to assist the children with the transportation of the their personal belongings as has been the practice of the parties. McNEES WALLACE & NURICK, LLC Paul Hely r' Attorneys for Plaintiff Dated: November 25, 2008 4 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. §4904, relating to unswom falsification to authorities. Date: / 2S 0 I Jui M. SnYder CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by fax and first class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 4 1 elle Armou , Legal Sec etary Date: November 25, 2008 t._,; ?.a _? r .. t? ? ?;'i,??° r ` ? JULIE M. SNYDER, Plaintiff ) vs. ) MICHAEL E. SNYDER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1337 CIVIL TERM IN DIVORCE ORDER GRANTING DEFENDANT EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, this yt" day of t c, C.tW\? V 200 8, upon the stipulation of the parties by their counsel, attached hereto, we hereby order and decree as follows: 1. The Defendant Michael E. Snyder is hereby granted exclusive possession of the former marital residence at 908 Peachtree Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Plaintiff Julie M. Snyder shall not, without the prior consent of the Defendant or an order of this Court, enter the property at 908 Peachtree Drive in Mechanicsburg except for driving her motor vehicle onto the driveway for purposes of custody exchanges and exiting her vehicle to assist the children with their belongings during such custody exchange, so long as she does not enter or attempt to enter the house itself. 3. This order resolves the matters raised in Defendant's Petition for Exclusive Possession of the Marital Residence. BY THE COURT, Distribution: ? /J. Paul Helvy, Esquire (Attorney for Plaintiff) P.O. Box 1166, Harrisburg, PA 17108-1166 Samuel L. Andes Esquire (Attorney for Defendant) 525 North 12" Street, P.O. Box 168, Lemoyne, PA 17043 CO i -es rn;1 tl.? `?iY1 . ,. , ,. Z S :9 ':-!V U 330 BUZ 4 `. e. T ' ,c _.t?.. JULIE M. SNYDER, Plaintiff v. MICHAEL E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1337 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to Defendants' counsel at least twenty days prior to the date on which the subpoena is to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: March 16, 2009 McNEES WALLACE & NURICK LLC By, d Prne D. # 531 8 100 treet P.O . 1 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff 4 ^ JULIE M. SNYDER, Plaintiff V. MICHAEL E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1337 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY . PURSUANT TO RULE 4009.21 J. Paul Helvy, Esquire on behalf of Plaintiff, Julie M. Snyder, intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objections are made, the subpoena may be served. McNEES WALLACE & NURICK LLC By. uir J. j'aul Helreet Aftomey ID 1 100 Pin e S P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Plaintiff Dated: February 24, 2009 t .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1337 CIVIL TERM MICHAEL E. SNYDER, CIVIL ACTION - LAW Defendant IN DIVORCE DI TO: Allen T. Vandrew, CFO, Mechanicsburg Area School Disttiat, 100 E. Elmwood Avenue, 2nd Floor, Mechanicsburg, PA 17055. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation indicating the purchase of savings bonds by Michael E. Snyde through payroll deduction per his employment with Mechanicsburg Area School District from November 28, 1989 to March 4, 2006. at McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, Pennsylvania 17108-1166. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Attorney's Name: J. Paul Helvv. Esquire Address: 100 Pine Street, P.O. Box 1166, Harrisburg, Pennsylvania 17108-1166 Telephone: (717) 232-8000 Supreme Court ID# 53148 Attorney for: Plaintiff, Julie Snyder Date: tLcw Log Seal of the Court- COURT: BY 7 ?Ijl IL , - 4- - rothon Nil D' ision Deputy CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 *Jeifer L. Ke , Paralegal Date: March 16, 2009 r? ? ??} YYI'?, l ?lily? ) t? '.! ? r R JULIE M. SNYDER, vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1337 CIVIL TERM CIVIL ACTION - LAW MICHAEL E. SNYDER, Defendant MOTION FOR CONFERENCE AND HEARING ON ALIMONY PENDENTE LITE REQUEST AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court to assign the above matter, and Defendant's claim for Alimony Pendente Lite to the Domestic Relations Office for proceedings on that request. Defendant's Request for Alimony Pendente Lite was first raised in the Petition for Alimony, a copy of which is attached hereto. "_1f. Xi Ns Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 JULIE M. SNYDER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL E. SNYDER, Defendant NO. 06-1337 CIVIL TERM CIVIL ACTION - LAW PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the Court for alimony and for alimony pendente lite, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. 2. Plaintiff is currently employed and earns substantially more than Defendant. 3. Although Defendant is employed and earns a realistic income, he is not able to meet all of his personal financial needs, pay his debts and obligations, maintain the marital property in his possession, and bear and pay the costs of this litigation without contribution from Plaintiff. 4. Because of the disparity in earnings, and other factors, Plaintiff can well afford to pay Defendant both alimony pendente lite and alimony. WHEREFORE, Plaintiff prays this Court to award him alimony pendente lite during the pendency of this action and alimony after the entry of the final decree for an indefinite term. qz-'Q?'a 01P.. Samue L. An s Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 7-0?.5 -O° MI HAEL E. SNYDER P ?; n 200 jU- 31 E, ppq -P 6- ?" JULIE M. SNYDER, vs. Plaintiff MICHAEL E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1337 CIVIL TERM CIVIL ACTION - LAW PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the Court for alimony and for alimony pendente lite, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. 2. Plaintiff is currently employed and earns substantially more than Defendant. 3. Although Defendant is employed and earns a realistic income, he is not able to meet all of his personal financial needs, pay his debts and obligations, maintain the marital property in his possession, and bear and pay the costs of this litigation without contribution from Plaintiff. 4. Because of the disparity in earnings, and other factors, Plaintiff can well afford to pay Defendant both alimony pendente lite and alimony. WHEREFORE, Plaintiff prays this Court to award him alimony pendente lite during the pendency of this action and alimony after the entry of the final decree for an indefinite term. 4z.goa_ 0^. Samue L. An s Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 7-?.3 -D9 Z2? a' f MI HAEL E. SNYDER "T R fi. #O?b X) /#? ek # -7yls ate d dafGVk Qerd ef- JULIE M. SNYDER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-1337 CIVIL TERM MICAHEL E. SNYDER, IN DIVORCE Defendant/Petitioner : PACSES NO: 970111050 ORDER OF COURT AND NOW, this 4th day of August, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on September 16, 2009 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. J. Paul helvy, Esq. f 10 Date of Order: August 4, 2009 ? 4-90? AN. Sh day, L oordinator YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 TH ' hRY 2 61 l4 ia ?a µ 5) p , t. 0 .P JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-1337 CIVIL TERM MICHAEL E. SNYDER, IN DIVORCE Defendant/Respondent PACSES CASE: 970111050 ORDER OF COURT AND NOW to wit, this 26th day of August, 2009, it is hereby Ordered that the Conference schedule for September 16, 2009 in the above captioned Alimony Pendente Lite matter is continued generally pursuant to an agreement of the parties. The matter may be called by either of the parties for rescheduling. BY THE COURT: ?1 G Edgar B. Bayley, DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. J. Paul Helvy, Esq. Form OE-001 Service Type: M Worker: 21005 FI?.E?-•?::'?-a is OF THE Pt,;` } HOX!C) AAY 2009 AUG 27 PH 2: 22 C IN? '';?f; t L !` J Lv`iV JULIE M. SNYDER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 1337 CIVIL MICHAEL E. SNYDER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this of day of 7yul? ), 2010, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated February 2, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kev z A. Hess, P.J. cc: V-d?' Paul Helvy Attorney for Plaintiff /amuel L. Andes Attorney for Defendant V FTI ` l Q FILED-C Flu" 'T ?HE PRO j HTMA ?Y 2010 MAP 12 Pid? 1: 12 JULIE M. SNYDER, CUB Jti? Plaintiff E?% eI? 1 Ri VS. MICHAEL E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1337 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 9 March 2006 and served upon the Defendant on or about 3 April 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: MI HAEL E. SNYDER 0F THE PPr0 i }401 'OTAPY 2010 MAR 12 PH 1. 12 ?+ { + JULIE M. SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1337 MICHAEL E. SNYDER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 9, 2006. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: 515 1 to ('/ Jul) M. Snyder BLED-i FFJCE {)E THE P ,0 i'H,0N0TAAY MCNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (fax) Email: phelvy@mwn.com JULIE M. SNYDER, Plaintiff V. MICHAEL E. SNYDER, Defendant 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. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: first-class U.S. Mail upon counsel for Defendant with an Acceptance of Service form, mailed on March 10, 2006. 2010 MAP 12 PIN 1: 13 CU"v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1337 An Affidavit of Service was filed on April 3, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: March 5, 2010; by Defendant: February 26, 2010. Both Affidavits are being filed contemporaneously with this Praecipe. r 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. Dated: March 11, 2010 Respectfully submitted, McNEES WALLACE & NURICK LLC B ? - Y I P Hely squi No.S 48 Attorney or Plaintiff A. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 U I'd& &Uu? c Ile Armour, Legal Secretary Dated: March 11, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie M. Snyder V. Michael E. Snyder NO. 06-1337 DIVORCE DECREE AND NOW, IN\ o, r 6N IS 1. 10 , it is ordered and decreed that Julie M. Snyder plaintiff, and Michael E. Snyder defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, e).2q-ID 3 -,;,)Li - 1 Co? L. MCtA' l e-6 Il)c (2-p- /,J", ?e,? -Lo COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie M. Snyder Plaintiff VS. CIVIL ACTION - LAW IN DIVORCE Michael E. Snyder Defendant NO. 06-1337 STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 2?-_ day of qq?bl-c"G Yq , r> U the parties, Julie M. Snyder, Plaintiff and Michael E. Snyder, Defendant, do hereby Agree and Stipulate as follows: The Defendant, Michael E. Snyder (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.S. §§8101 et. seg. ("Retirement Code"). 3. The Plaintiff, Julie M. Snyder (hereinafter referred to as "Alternate Payee") is the former spouse of Member. 4. Member's last known mailing address, date of birth and Social Security number are: 908 Peachtree Drive Mechanicsburg, PA 17055 Date of Birth: See Addendum Social Security No.: See Addendum 5. Alternate Payee's current mailing address is: 772 Knoll Drive Mount Joy, PA 17552 Date of Birth: See Addendum Social Security No.: See Addendum DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. 6. (a) The marital property component of Member's retirement benefit equals (1) the coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by PSERS, from November 28, 1987 (the date of marriage) to March 4, 2006 (the date of separation). The denominator is the total amount of Member's service, as defined by PSERS, on the effective date of Member's retirement. (c) 50.00% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 7. Member's retirement benefit is the Maximum Single Life Annuity, as defined in 24 Pa. C.S. §8342(a) before any reduction to reflect the election of any option in accordance with 24 Pa. C.S. §8345(a) and including any scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS as a result of a disability which occurred before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 6, after the application of the appropriate early retirement actuarial reduction factor, if any, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by PSERS. This nomination shall become effective upon approval by the DRO Page 3 Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 9. The term and amounts of Member's retirement benefits payable after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with PSERS shall be in accordance with Paragraphs 9(a), 9(b) and 9(c) as follows: (a) Member may elect to receive, by lump sum, all or a portion of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee or her estate shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: (1) The accumulated deductions as of March 4, 2006, together with statutory interest (currently 4% per year) from March 4, 2006, through the Member's date of retirement. (2) 41.34% DRO Page 4 (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the date payments commence to the Member. If the Member retires on disability, he may not elect to receive a lump sum payment of his accumulated deductions in which case the Alternate Payee will receive no share of the accumulated deductions. (b) (i) If the Alternate Payee is living, Member shall elect a joint and survivor annuity as set forth in 24 PA.C.S. 8345(a)(4), or any succeeding statue. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the annuity shall be the equitable distribution portion (as defined in Paragraph 6) adjusted actuarially for any accumulated deductions paid to the Alternate Payee (pursuant to Paragraph 9(a)) and, since the cost of the survivor annuity is to be paid by the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the annuity payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintain levelized payments to the Alternate Payee for her lifetime in the event of Member's death after retirement. The Alternate Payee shall receive a portion of the annuity which is payable to the Member during the Member's lifetime, and the same amount, as a survivor annuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee predeceases the Member after retirement, the portion of the Member's annuity payable to the Alternate Payee shall be paid to the Alternate Payee's estate for the lifetime of the Member, (b) (ii) If the Alternate Payee is not living, the Member shall elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 6) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's estate (pursuant to Paragraph 9(a)). Such annuity shall be paid to the Alternate Payee's estate for the lifetime of the Member. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee or her estate and over any accumulated deductions paid DRO Page 5 to the Member under Paragraph 9(a). Any option selected shall not reduce the amount that is to be paid to the Alternate Payee or her estate under the provisions of this Order. 10. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 11. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from PSERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by PSERS shall be paid to the Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 12. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 13. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and DRO Page 6 Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT NA-4-- Js,41-6 Z> Z--Z(,-/O D endant/Member Date rney for PI intiff/ Date Alt ate Pay ?g. ate- t 0 ?.0:?? -j0 cam- Z Io Attorney for endant/ Date Member r e ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Public School Employees' Retirement System Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Public School Employees' Retirement System when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Michael E. Snyder Address: 908 Peachtree Drive Mechanicsburg, PA 17055 SSN: 171-54-3709 Date of Birth: October 2, 1960 Alternate Pavee Information Name: Julie M. Snyder Address: 772 Knoll Drive Mount Joy, PA 17552 SSN: 162-48-1245 Date of Birth: January 28, 1966 Participant Attorney's Information Name: Samuel L. Andes, Esquire Address: 525 North Twelfth Street P.O. Box 168 Lemoyne, Pa 17043 Phone Number: (717) 761-5361 Alternate Pavee Attornev's Information Name: J. Paul Helvy, Esq. Address: McNees Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 Phone Number: (717) 232-8000 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Public School Employees' Retirement System P.O. Box 125 Harrisburg, PA 17108-0125