HomeMy WebLinkAbout02-1863STEVEN R. SNYDER,
Plaintiff
Ve
JO SNYDER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
09, ---
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 PlaintS. 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, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la cone. 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
comra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion
do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O I.LAME POR TELFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
STEVEN R. SNYDER,
Plaintiff
JO SNYDER,
: IN ~ COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(¢) OR SECTION 3301(d)
OF THE DIVORCE CODE
AND NOW comes the above Plaintiff, Steven R. Snyder, by his attorney, Cara A.
Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon
the grounds hereinafter set forth:
1. The Plaintiff, Steven R. Snyder, is an adult individual who resides at 5510 Silvercreek
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Defendant, Jo Snyder, is an adult individual who resides at 5510 Silvercreek
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. The Plalntiffhas been a bona fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 28, 2001, in Harrisburg, Dauphin
County, Pennsylvania.
5. The Plaintiff.and Defendant are both citizens of the United States of America.
6. There have been no prior actions in divorce between the parties.
7. Plaintiff avers that there are no children bom of the marriage.
8. The Plaintiff and Defendant are not members of the Armed Services of the United
States or any of its allies.
9. Plaintiff has been advised of the availability of counseling and that he may have the
fight to request that the Court require the parties to participate in counseling.
10. The causes of action and sections of Divorce Code under which Plaintiffis proceeding
are:
A. Section 3301(c). The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an Affidavit.
B. Section 3301(d). The marriage of the parties is irretrievably broken.
The Plaintiff and Defendant separated in January, 2002.
WHEREFORE, the Plalntiffprays your Honorable Court to enter a Decree in Divorce from
the bonds of matrimony.
I verify that the statements made in this Complaint are tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. {}4904 relating to unsworn
falsification to authorities.
Steven R. Snyder,
Date:
~a A. Boyanowski, ~squire
Attorney No. 68736
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
STEV~ P~ SNYD~a~
Plaintiff
Vo
Jo SNYD~
Defendant
:IN ~ COURT OF COMMON PI,EAS,
: CUMBERT,.~d~TD COUNTY, PENNSYLVANIA
:
: NO. 02-1863 Civil Term
:
: CIVIl, ACTION - DIVORCE
:
PRAECIPE TO WITIqD~W~~R APPEAHANCE
TO ~ PROTHONOTARY:
Please withdraw my appearance as attorney for Steven R. Snyder, Plaintiff,
in the above-captioned case.
DATED:
Cara A. Boyano~lski, Esquire
Please enter my appearance as attorney for Steven R. Snyder, Plaintiff, in
the above-captioned case.
Supreme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
STEVEN R. SNYDER,
Plaintiff
Ve
JO SNYDER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIl, ACTION - LAW
:
: NO. 02-1563 CIVIL TERM
:
: IN DIVORCE
ACCEPTANCE OF SERVICE,
I, Cindy S. Conley, Esquire, do hereby accept service of the true and correct copy of the
Complaint in Divorce on behalf of my client, $o Snyder, the Defendant in the above captioned case.
Respectfully submitted,
HOWETT KISSINGER & CONLEY, P.C.
Date:
Cindy S. Co,nl~l~¢~sq~fire
Attorney No. ,.~0 ,~ 7~
130 Walnut Street
Harrisburg~ PA 17108
(717) 234-2616
Attorney for Defendam
GL:
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN R. SNYDER, )
Plaintiff )
)
v. )
)
JO SNYDER, )
Defendant )
NO. 02-1863 CIVIL TERM
CIVIL ACTION - LAW
IN DWORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that Jo Snyder, Defendant in the above-captioned action,
[X] prior to the entry of a Final Decree in Divorce
or [ ] after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of Jo A. Reichard, and gives this written notice
avowing her intention pursuant to the provisions of 54 P.S. 704.
Date:
jo ~yder~r (~-
TO BE KNOWN AS:
Jq~.- Reichard
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF DAUPHIN )
ON THE /~'2~_ DAY OFfend ~-, 2003, before me, a Notary Public,
personally appeared Jo Snyder, to be hefefffter known as Jo A. Reichard, known to me to be the
person whose name is subscribed to the within document, acknowledged that she executed the
same for the purpose contained therein.
IN WITNESS WHEREOF, I have hereunto set m2(,h~a~d and official seal.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA
STEVEN R. SNYDER, )
Plaintiff )
)
v. )
)
JO SNYDER, )
Defendant )
NO. 02-1863 CiVIL TERM
CiVIL ACTION - LAW
IN DIVORCE
PETITION RAISING MARITAL CLAIMS
AND NOW, comes Defendant, Jo Snyder, by and through her counsel, Howett, Kissinger
and Conley, P.C., and files this Petition Raising Marital Claims :md in support thereof states as
follows:
1.
Plaintiff is Steven R. Snyder, an adult individual who currently resides at
5510 Silvercreek Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Defendant is Jo Snyder, an adult individual who currently resides at 5510
Silvercreek Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. Plaintiff and Defendant were married on July 28, 2001.
4. A Complaint for Divorce was filed by Plaintiff on April 16, 2002 in
Cumberland County, Pennsylvania.
5. Defendant hereby raises the following marital claims:
COUNT I - EQUITABLE DISTRIBUTION
The foregoing paragraphs of this Petition are incorporated herein as if set
forth at length.
7.
Plaintiff and Defendant have legally and beneficially acquired property,
both real and personal, during their man/age, which property is "marital property."
WHEREFORE, Defendant requests the Court to equitably divide all marital property.
COUNT II - ALIMONY AND ALIMONY PENDENTE LITE
forth at length.
9.
The foregoing paragraphs of this Petition :are incorporated herein as if set
Defendant lacks sufficient property to provide for her reasonable means
and is unable to support herself through appropriate employment and requires reasonable support
to adequately maintain herself in accordance with the standard o f living established during the
marriage.
10. Defendant is unable to sustain herself dtmng the course of this litigation.
WItEREFORE, Defendant requests the Court to enter an award of reasonable temporary
alimony until final hearing and permanently thereafter.
COUNT III - COUNSEL FEES, EXPENSES AND COSTS OF SUIT
forth at length.
11. The foregoing paragraphs of this Petition are incorporated herein as if set
12. Defendant has retained an attorney to defend her in this action and has
agreed to pay her a reasonable fee.
Defendant has incurred and will incur costs and expenses in defending this
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action.
14.
Defendant is not financially able to meet either the expenses and costs of
defending this action or the fees to which her attorney will be entitled in this case.
WHEREFORE, Defendant requests the Court to enter La award of interim counsel fees,
costs and expenses until final hearing and thereupon award such additional counsel fees, costs
and expenses as deemed appropriate.
Respectfully submitted,
Cindy S. Conley, ~s~re ~ /
HOWETT, KISSI2X[GER & CON~, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Jo Snyder
VERIFICATION
I, Jo Snyder, hereby swear and affirm that the facts contained in the foregoing Petition
Raising Marital Claims are true and correct to the best of my knowledge, information and belief
and are made subject to the penalties of 18 Pa.C.S. §4904 relatin.g to unswom falsification to
authorities.
Date:
Jo SnyaI~r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND' COUNTY, PENNSYLVANIA
STEVEN R. SNYDER, )
Plaintiff )
)
v. )
)
JO SNYDER, )
Defendant )
NO. 02-1863 CIVIL TERM
CWIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Cindy S. Conley, Esquire, counsel for Jo Snyder, Defendant in the above-captioned
action, hereby certify that a true and correct copy of the foregoing Petition Raising Marital
Claims was served upon Nora F. Blair, Esquire, counsel for Plaintiff Steven R. Snyder, by
depositing same in the United States mail, first class, on September 22, 2003, addressed as
follows:
I
Nora F. Blair, Esquire
5440 Jonestown Road
P.O. Box 6216
Harrisburg, PA 17112-0216
Cindy S. Conle~;sqiiire CONE~Y,P.C.
HOWETT, KISSINGER &
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17:[08
Telephone: (717) 234-2616
Counsel for Defendant Jo Snyder
~ R. SNYDMP,,,
plaintiff
V.
JO SNYDEI:~
Defendant
:IN THE COURT OF COMMON pLEAS,
: CUM~~ col~rrY, pENN~V~
: NO. 02-1~63 CivilTerm
: CIVIL ACTION - DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you
must file a counteraffidavit within twenty (20) days after this affidavit has been
served on you or the statements will be admitted.
AFFIDAVIT UNDER SECTION 3301(d) OF .THE DIVORCE CODE
1. The parties to this action separated on or about January, 2002, and
have continued to live separate and apart since that time.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division .of
property, lawyer's fees or expenses if
granted.
I verifY that the statements . . .L_._.~ tn the oenalties of 18 Pa.
~ --,~-~ ~-~+ false statements hereto are maae suoj~
unael~u~u ~ -. . .... ~,o;~-ation to authorlues.
C.S. Section 4904 relaung ~o unswuru
Date:~
STmmN R. SNYDF
JO SNYDER,
Defendant
:IN TI-IE COURT OF COMMON PI.EA_,S,
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-1863 Civil Term
:
: CIVILAC'rION- DIVORCE
.
MARrrAT, SETr[,k'W[ENT AGREEMENT
AGREl~qNT, madethis (~ dayof ('J--~{~ , 2004, byand
between STEVIgN l~ SNYDEI~ hereinafter referred to as "Husband", and JO
SNYD~ hereinafter referred to as '"Wife".
~, the parties hereto are Husband and Wife, having been married
on July 28, 2001;
~.~, the part, es hereto are separated;
~, there were no children bom during this marriage; and
WI-Ill. AS, diverse unhappy differences, disputes and difficulties have
arisen between the parties, and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties hereto are
desirous of settling fully and finally their respective financial and property rights
and obligations as between each other, including, without limitation by
specification: the settling of all matters between them relating to the ownership
of real and personal property, the equitable distribution of such property; the
settling of all matters between them relating to the past, present and future
support and/or maintenance of Wife by Husband or of YIusband by Wife; and, in
general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW, TI~.~RE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinai~er set forth and for other good
and valuable considerations, receipt of which is hereby acknowledged by each of
the parties hereto, Husband and Wife, each intending to be legally bound hereby,
covenant and agree as follows:
1. AGI~.rlEM~.NT NOT A BAR TO DIVORCE PROCEEDINGS. This
Agreement shall not be considered to affect or bar the right of Husband or
Wife to a divorce on lawful grounds if such grounds now exist or shall
hereafter exist or to such defense as may be available to either party. This
Agreement is not intended to condone and shall not be deemed a
condonation on the part of either party hereto of any act or acts on the part
of the other party which have occurred prior to or which may occur
subsequent to the date hereof.
o
EFFEC'r OFDIVORCE DECRk~.. The parties agree that, unless otherwise
specifically provided herein, this Agreement shall continue in full force and
effect after such time as a final decree in divorce may be entered with
respect to the parties. It is the intent of the parties hereto that this
Agreement shall create contractual rights and obligations entirely
independent of any Court Order and that this Agreement may be enforced
by contract remedies in addition to any other remedies which may be
available pursuant to the terms of this Agreement or otherwise under law
or equity.
AGllEI~NENT TO BE INCORPORATED INTO DIVORCE DECREE. The
parties agree that the terms of this Agreement shall be incorporated, but not
merged, into any divorce decree which may be entered with respect to
them. The parties further agree that the Court of Common Pleas which may
enter such divorce decree shall retain continuing jurisdiction over the
parties and the subject matter of this Agreement for the purpose of
enforcement of any of the provisions thereof.
DATE OF EXEC[rPION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed by the
parties if they have each executed this Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this Agreement
shall be defined as the date of execution by the party last executing this
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ADVICE OF COUNSI~L The provisions of this Agreement and their legal
effect have been fully explained to Husband by his attorney, Nora F. Blair,
Esquire. The provisions of this Agreement and their legal effect have been
fully explained to Wife by her attorney, Cindy S. Conley, Esquire. The
parties acknowledge that they fully understand the facts and have been
fully informed as to their legal rights and obligations, and they acknowledge
and accept that this Agreement is, in the circumstance, fair and equitable
and that it is be'rog entered into freely and voluntarily, after having received
such advice and with such knowledge and that execution of this Agreement
is not the result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or agreements. The
parties further acknowledge that they have each made to the other a full
and complete disclosure of their respective assets, estate, liabilities, and
sources of income and that they waive any specific enumeration thereof for
the purposes of this Agreement. Each party agrees that he and she shall
not, at any future time, raise as a defense or otherwise the lack of such
disclosure in any legal proceeding involving this Agreement, with the
exception of disclosure that may have been fraudulently withheld. The
parties further acknowledge that as a part of the settlement negotiations
between the parties, each party has disclosed to the other party all assets
owned by the disclosing party having a value in excess of five hundred
dollars ($500.00) and further that neither party has failed to disclose assets
having a total value of more than two thousand dollars ($2,000.00).
P]~ONAL RIGHTS. Husband and Wife, at all times herea~er, may and
shall live seImrate and apart. They shall be free from any control, restraint,
interference or authority, direct or indirect, by the other in all respects as
fully as if they were unmarried. They may reside at such place or places as
they may select. Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment
which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other or the respective families of
each other or compel or attempt to compel the other to cohabit or dwell, by
any means or in any manner whatsoever, with him or her.
SUBSEQUI{INT RF~ONCII,I&TION. The parties agree that the terms of
this Agreement shall not be affected by their subsequent cohabitation or
resumption of marital relations, unless the parties otherwise specifically
agree in writing.
MlYl~AL RI~L~.ASES. Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of the
other, for all time to come, and for all purposes whatsoever, of and from any
and all rights, title and interests, or claims in or against the property
(including income and gain from property hereafter accruing) of the other
or against the estate of such other, of whatever nature or wheresoever
situate, which he or she now has or at any time hereafter may have against
the other, the estate of the other or any part thereof, whether arising out of
any former acts, contracts, engagements or liabilities of the other or by way
of dower or curtesy, or claims in the nature of dower or curtesy or widow's
or widower's rights, family exemption or similar allowance, or under the
intestate laws, or the right to take against the spouse's will; or the right to
treat a lifetime conveyance by the other as testamentary, or all other rights
ora surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any State, Commonwealth or
territory of the United States, or any other country, or any rights which
either party may have or at any time hereafter shall have for past, present
or future support or maintenance, alimony, alimony pendente lite, counsel
fees, property divis'~on, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. It is the intention of
Husband and Wife to give to each other with or upon the execution of this
Agreement a full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the other now
owns or may hereafter acquire, except and only except all rights and
10.
agreements and obligations ofwhatseever nature arising or which may arise
under this Agreement or for the breach of any provision thereof. It is
further agreed that this Agreement shall be and constitute a full and final
resolution of any and all claims which each of the parties may have against
the other for equitable division of property, alimony, counsel fees and
expenses, alimony pendente lite or any other claims pursuant to the
Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
BANK ACCOUN'I~ AND RETIR~ ACCOUNTS. Husband and Wife
are the owners of individual bank accounts, retirement accounts, pensions,
employee savings plans and stock bonus plans. Husband and Wife agree
that each account or plan shall be the sole and separate property of the
person in whose name the account is tiffed and each party waives any right,
title or interest they may have in the other partfs accounts or plans. Both
parties agree to execute any documents necessary to effectuate this
paragraph.
PERSONAL PROPERTY. Husband and Wife have accumulated various
tangible personal property including, but without limitation, jewelry,
clothes, furniture, furnishings, rugs, carpets, household equipment and
appliances, pictures, books, works of art and other personal property. The
parties have divided or will in the near future divide their personal property
to the satisfaction of both parties. Each party shall retain as their sole and
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separate property their clothing, jewelry and other items of personalty. The
parties do hereby specifically waive, release, renounce and forever abandon
whatever claim, if any, he or she may have with respect to items which shall
become the sole and separate property of the other.
AFTER-ACQUIB. ED PEBSO~ PROPERTY. Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the other,
all items of personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though he or she were
unmarried. Further each of the parties waives and relinquishes any right,
title and interest which either may have in such property acquired by the
other party since separation. Should it become necessary for either party
to execute any titles, deeds or similar documents to give effect to this
paragraph, it shall be done immediately upon the request of the other party.
REAL ESTATE. The parties are the owners of a house located at 5510
Silvercreek Drive, Hampden Township, Cumberland County, Pennsylvania.
Wife shall retain said real estate as her sole and separate property provided
she is able to remove Husband from liability on the mortgage and second
mortgage no later than December 31, 2004, and that she makes, in a timely
manner, all payments associated with the real estate until that time. To be
made in a timely manner, a payment must be made within the grace period
set forth in on the statements for the mortgages. Wife shall be solely
responsible for the payment of the mortgage, second mortgage and all other
expenses associated with said real estate as of the date Husband moved out
of said real estate. Wife agrees not to establish or cause to be established
any additional liens against the real estate until after Husband is removed
from liability on the first and second mortgages. Husband agrees not to
establish or cause to be established any additional liens against the real
estate unless or until the property is solely in his name. Wife agrees to
indemnify and hold Husband harmless for and against any and all claims
arising out of Wife's failure to make payments as specified in this
paragraph. At the time he is removed from liability on the first and second
mortgages against the real estate, Husband shall execute a deed
transferring his interest in said real estate to Wife. If Wife is unable to
remove Husband from liab'rlity on the mortgage and the second mortgage
by December 31, 2004, or if Wife fails to make timely payments on the first
mortgage or second mortgage, the property shall be placed for sale with a
real estate agent selected by the parties within ten (10) days of Wife's failure
to remove Husband from liability by December 31, 2004, or Wife's failure to
make timely payments. If the parties are unable to agree on a real estate
agent to use, the parties sh~ll each select a real estate agent who shall agree
upon a third real estate agent to use. If the house does not sell within sixty
(60) days of the date of listing, the listing price shall be reduced by two
percent (2%). If the house does not sell within ninety (90) days of the date
of listing, the listing price shall be reduced by an additional two percent
(2%) and shall be reduced an additional two percent (2%) at the end of each
thirty (30) day period until the house is sold. If the property has not sold
within six (6) months, the parties shall agree on a new agent as set forth
above and shall provide an additional one percent (1%) commission for the
buyers agent. In the event the real estate is listed for sale, any reasonable
offer shall be accepted by the parties with a reasonable offer defined as at
least ninety percent (90%) of the fair market value, as determined by the
real estate agent, with conventional financing or an equivalent offer. The
proceeds from the sale of the real estate shall be the sole and separate
property of Wife. Each party agrees to execute all documents necessary to
implement this paragraph. Husband shall claim, for federal tax purposes,
the interest paid on the first and second mortgages and the real estate taxes
paid from January 1, 2003, through August 31, 2003. Wife shall claim, for
federal tax purposes, the interest paid on the first and second mortgages
and real estate taxes paid from September 1, 2003, through December 31,
2003. In addition provided Wife has made the payments, Wife shall claim,
for federal tax purposes, the interest on the first and second mortgages and
real estate taxes for 2004.
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13.
14.
AUTOMOBI~,P~g. The Jeep Wrangler shall be Wife's sole and separate
property. Wife shall be solely responsible for the payment of any loan on
her vehicle. Wife agrees to indemnify and hold Husband harmless for and
against any and all claims arising out of Wife's failure to make payments as
specified in this paragraph. The Ford l~x'plorer provided to Husband by his
employer shall be Husband's sole and separate property. Husband agrees
to indemnify and hold Wife harmless for and against any and all claims
arising out of Husband's employer's failure to make payments on said
automobile. Each party agrees to execute all documents necessary to
implement this paragraph.
CURRENT I,I~BII,~PIigS. The parties have accumulated various debt
during the marriage. Wife shall be solely responsible for the payment of
any and all debt that is in her name. Husband shall be solely responsible
for payment of any and all debt that is in his name. Husband and Wife have
either canceled or divided all jointly held credit cards, and they shall be
fully and solely responsible for the credit cards, other debts and loans as
stated above. Except as otherwise specifically stated in this Agreement,
Husband shall be entirely and solely liable for any past, present and future
balances due on his credit cards, other debts and loans of any nature
whatsoever, and he shall fully indemnify Wife with regard to same. Except
as otherwise specifically stated in this Agreement, Wife shall be entirely and
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solely liable for any past, present and future balances due on her credit
cards, other debts and loans of any nature whatsoever, and she shall fully
indemlxify Husband with regard to same. If either party incurs any debt on
a credit card tit]ed to both parties after the date of the parties' separation,
the party making the charge shall be solely responsible for payment of the
charge amount and any accumulated interest. Each party agrees to
indemnify and hold the other party harmless for and against any and all
claims arising out of the party's failure to make payments as specified.
TAX CONSEQD-ENCES: The parties believe and agree, and have been so
advised by their respective attorneys, if any, that the division of property
heretofore made in this Agreement is a non-taxable division of property
between co-owners rather than a taxable sale or exchange of such property.
Neither party will take any positions, on his or her federal or state income
tax returns, with respect to the adjusted basis of the property assigned to
him or her, or with respect to any other issue, which is inconsistent with the
position set forth in this Agreement.
TAX RETURNS. The parties agree that in the event any deficiency in
federal, state or local income tax is proposed or any assessment of any such
tax is made against either party in connection with the filing of a joint
federal, state or local income tax return for prior years, the parties shall
equally share any loss or liability in connection with such tax deficiency,
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including counsel fees and such tax, interest, penalty or expense associated
therewith, unless and only unless said tax, interest, penalty or expense is
finally determined to be attributable to misrepresentations or failure to
disclose the nature and extent of either party's separate income on joint
returns, in which case any and all liability, cost or expense shall be the sole
responsibility of the party responsible for the misrepresentation or failure
to diselose the nature and extent of separate income.
WAIVER OF PA~ OF LEGAL FEP-S. Wife shall be solely responsible
for payment of her legal fees. Husband shall be solely responsible for
payment of his legal fees. Each party waives the right to have the other
party pay any of their legal fees or costs.
ALIMONY AND AT.TMONY PEND~ LITE. Husband has made
payments to Wife in the amount of $650.00 per month since August, 2003.
Said payments made in 2004 are in the nature of alimony pendente lite.
Husband agrees to pay additional alimony pendente lite to Wife in the
amount of $650.00 per month until said payments terminate on October 31,
2004. Said payments shall convert to alimony upon the entry of the divorce
decree in this matter, shall terminate upon the death of either party, and
shall terminate upon the remarriage of Wife. Said payments for 2004 shall
be included as income for Wife's federal income tax purposes and shall be
deducq~d from income by Husband for federal income tax purposes. Wife
19.
and Husband do hereby waive, release and give up any rights they may
respectfully have against the other for any slirnony, alimony pendente lite,
support or maintenance, except as indicated above. It shall be, from the
execution of this Agreement, the sole responsibility of each of the respective
parties to sustain themselves without seeking any additional support from
the other party, except as indicated above.
WAIVER OF B~CIARY DESIGNATIONS. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically
waives any and all beneficiary rights and any and all rights as a surviving
spouse in and to any asset, benefit or like program carrying a beneglciary
designation which belongs to the other party under the terms of this
Agreement, including, but not limited to pensions and retirement plans of
any sort or nature, deferred compensation plans, life insurance policies,
annuities, stock accounts, bank accounts, finai pay checks or any other
post-death distribution scheme. The parties by the terms of this Agreement
specifically waive the rights of spouse beneficiaries established by federal
or state statute including ERISA. Each party expressly states that it is his
or her intention to revoke by the terms of this Agreement any beneficiary
designations naming the other party which are in effect as of the date of
execution of this Agreement. If the other party continues to be named as
beneficiary and no alternate beneficiary is otherwise designated, the
20.
21.
beneficiary shall be deemed to be the estate of the deceased party. Not
withstanding the foregoing, however, in the event that either party hereto
specifically designates the other party as a beneficiary after the date of
execution of this Agreement, then this waiver provision shall not bar that
party from qualifying as such beneficiary.
DlVIDI~F)ASS~'TS. The parties agree to divide all of their assets including
but not necessarily limited to real estate, financial accounts, cash,
retirement funds, motor vehicles, personal effects and household contents
as set forth in this Agreement. Husband and Wife hereby assign all of their
respective rights, title and interest to the other as to the divided assets as
set forth in this Agreement. Husband shall be the sole and exclusive owner
of such assets as divided here'm and designated for Husband. Wife shall be
the sole and exclusive owner of such assets as divided herein and
designated for Wife.
MUTUAL CONSF_,NT DIVORCE. The parties agree and acknowledge that
their marriage is irretrievably broken, that they do not desire marital
counseling, and that a complaint in divorce has been filed in the
Cumberland County Court of Common Pleas at ease number 02-1863. The
parties agree to have the divorce decree entered in that case pursuant to
Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be
amended (herein referred to as the Code). Accordingly, both parties agree
22.
23.
to execute such stipulations, consents, affidavits, or other documents and
to direct their respective attorneys to forthwith file such stipulations,
consents, affidavits, or other documents as may be necessary to proceed to
obtain a divorce pursuant to said Section 3301(c) of The Code. Upon
request, to the extent permitted by law and the applicable Rules of Civil
Procedure, the named defendant in such divorce action shall execute any
waivers of notice or other waivers necessary to expedite such divorce.
WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents
that they have not heretofore incurred or contracted for any debt or liability
or obligations for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees
to indemnify and hold the other party harmless for and against any and all
such debts, liabilities or obligations of every kind which may have
heretofore been incurred by them, including those for necessities, except
for the obligations arising out of this Agreement.
WARRANTY AS TO ~ OBLIGATIONS. Husband and Wife each
covenant, warrant, represent and agree that, with the exception of
obligations set forth in this Agreement, neither of them shall hereafter
incur any liability whatsoever for which the estate of the other may be
liable. Each party shall indemnify and hold harmless the other party for
and against any and all debts, charges and liabilities incurred by the other
after the execution date of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement.
24. WAIV]gR OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed
by both pa~ties, and no waiver of any breach hereof or default hereunder
shall be deemed a waiver of any subsequent default of the same or similar
nature.
25. MUTUAL COOi~gRATION. Each party shall, at any time and from time to
t'Lme hereafter, take any and all steps and execute, acknowledge and deliver
to the other party any and all further instruments and/or documents that
the other party may reasonably require for the purpose of giving full force
and effect to the provisions of this Agreement.
26. LAWS OF P]gNNSYLVANIA APPLICABT,lg._ This Agreement shall be
construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of execution of this
Agreement.
27. AGR .I~-~IlgNT BINDING I-T~.IRS. This Agreement shall be binding and
shall inure to the benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
28. OTI-11gR DOCU1VII~.NTATION. Husband and Wife covenant and agree that
they will forthwith (and within no more than ten (10) days after demand
29.
30.
therefor) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement and make any
transfers of property required to be made by this Agreement within ten (10)
days of a request to do such.
NO WAIVER OF DEFAULT. This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall in no way affect the right of
such party hereal~er to enforce the same, nor shall the waiver of any default
or breach of any provision hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other obligations herein.
ENFO~ OF AGR .~'~]T. If either party breaches any provision
of this Agreement, the other party shall have the right, at his or her election,
to sue for damages for such breach or to require specific performance. The
party breaching this Agreement shall be responsible for payment of legal
fees and costs incurred by the other party in enforcing their rights under
this Agreement or for seeking such other remedies of relief as may be
available to him or her.
18
31. SE'VF_,RABII,1TY. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision shall be
stricken from this Agreement and, in all other respects, this Agreement
shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligations under any one or more of
the paragraphs herein, with the exception of the satisfaction of the
conditions precedent, shall, in no way, void or alter the remaining
obligations of the parties.
32. I-r~,ADINC, S NOT PART OF AGR ,PI~m-INT. Any headings preceding the
text of the several paragraphs and subparagraphs hereof are inserted solely
for convenience of reference and shall not constitute a part of this
Agreement, nor shall they affect its meaning, construction or effect.
IN WITNESS WtIEREOF, the parties hereto have set their hands and seals
the day and year first above written.
COMMONWEALTH OF PENNSYLVANIA :
.'SS.
COUNTY OF DAUPHIN :
On this, the (~f~ day of 7u ~'~ ,2004, before me a Notary
Public of the Commonwealth of Pennsylvania personally appeared JO SNYDER,
known to me to be the person whose name is subscribed to the within Agreement,
and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WI-W. REOF, I have hereunto set my hand and official seal.
Notary Public
NOTARIAL SEAL
~RRR J. IgtlSELY, NOTARY PUBLIC
~YOF HARRISBURG, DA~JPNI~ COU~'ll~
MY COU~,~iSSION EXPIRES APRIL 22,
COMMONWEALTH OF PENNSYLVANIA :
:SS.
COUNTY OF DAUPHIN :
On this, the day of ~//~.~ ,2004, before me, a Notary
Public for the Commonwealth of Pennsylvania, personally appeared STEVEN R.
SNYDER, known to me to be the person whose name is subscribed to the within
Agreement, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WI4EREOF, I have hereunto set my hand and official seal.
NOTP~-~L SEP, L
Nora ~. Bl~ir, No~y
Lower P~xt. on Twp., Dauphin County
My commission expires May I0, 2007
STEVEN R. SNYDER,
Plaln~.~ff
V.
JO SNYD~
Defendant
:IN THE COURT OF COMMON PI.E~,S,
: CUMBEB% ~ COUNTY, PENNSYLVANIA
:
: NO. 0'2-18~1 ~ Term
: CIVIl. ACTION- DIVORCI~.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(c) of the Divorce Code was
£fled on April 16, 2002, and served on April 29, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the filing of the Complaint and service of the
Complaint on Defendant.
3. I consent to the entry of a final Decree of Divorce after service of
Notice of Intention to Request Entry of Divorce Decree or at any time after the
signing of this Consent if I have also signed a Waiver of Notice of Intention to
Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code.
I verify that the statements made in this Aff~davit 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.
DATED:
STEVEN R. SNYDER
Plaintiff
STEVEN R. SNYDER,
Plair~tiff
JO SNYDER~
Defendant
:IN THE COURT OF COMMON PI,F. AS,
: CUMB~ COUNTY, PENNSYLVANIA
:
: NO. 02-1863 Civil Term
:
: CIVIL ACTION - DIVORCE
:
WAIVE, R OF NOTICE OF INTE,~ON TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SEC'rION
3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of 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 Decree of Divorce 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 Waiver 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.
Plaintiff
JO
Defendant
:IN THE COURT OF COMMON PLle-a~S,
: CUMB~ COUNTY, PENNSYLVANIA
:
: NO. 02-1863 Civil Tern,
:
: CIVIL ACTION- DIVORCE
:
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(c) of the Divorce Code was
filed on April 16, 2002, and served on April 29, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the filing of the Complaint and service of the
Complaint on Defendant.
3. I consent to the entry of a final Decree of Divorce after service of
Notice of Intention to Request Entry of Divorce Decree or at any time after the
signing of this Consent if I have also signed a Waiver of Notice of Intention to
Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
DATED:
Defendant
ST~V-~N R. SNYDF~
Plaintiff
V.
Jo SNYDER,
Defendant
:IN ~ COURT OF COMMON PI.EAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: NO. 0'2-18~! Civil Term
.-
: CIVIL ~CTION - DIVORCE
.-
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SEC'rION
3301(c) OF THE. DIVORCE CODE
1. I consent to the entry of a final Decree of 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 lhat I will not be divorced until a Decree of Divorce 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. §4904 relating to unsworn falsification to authorities.
DATED: (~ ~"~'~ .~oc~
Defendant
STEWEN R. SNYDER,
Plaintiff
JO SNYD~
Defendant
:IN THE COURT OF COMMON PLEAS,
: CUMB~ COUNTY, PENNSYLVANIA
:
: NO. 0'2,-18~ ~ T~a'm
:
: CIVIL ACTION- DIVORCE
:
PRAEC/PE TO TRANSM/T RECORD
UNDER § 3301(c) OF THE DIVORCE CODE
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 § 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint:
(a) Date of service: April 29, 2002.
(b) Manner of service: Acceptance of Service by Counsel for
Defendant
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the
Divorce Code:
(a) By the Plaintiff: July 1, 2004
(b) By the Defendant: July 6, 2004
4. Date of execution of Waiver of Notice of Intention to File Praecipe to
Transmit Record:
(a) By the Plaintiff: July 1, 2004
(b) By the Defendant: July 6, 2004
5. Related claims pending: NONE
DATED: July8,2004 ~/~~ ~
N~r~tF. B air, ~squ~re
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
STATF OF
S't*:VEN R. SNYDER
Plaintiff
OF CUMBERLAND COUNTY
~ PENNA.
N O. 02-1863 Civil Term
VERSUS
JO E;NYDER
Defendant
DECREE IN
DIVORCE
AND NOW,
DECREED THAT S'i'.:VENR. SNYDER
JO SNYDER
AND
~e~ , IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS Of MaTRIMON~le~JLri_ta~St::~J~tAgl~e~t
dated July 6, 2004, is incorporated into but not merged into this Decree in Divorce.
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;
BY THE COURT:
PROTHONOTARY