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HomeMy WebLinkAbout07-0621JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff MEGANN M. HOBBS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 017 THOMAS R. HOBBS, II, CIVIL ACTION -LAW 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 by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MEGANN M. HOBBS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS R. HOBBS, II, Defendant . NO. : CIVIL ACTION -LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambidn ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 MEGANN M. HOBBS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 Co 1, cc THOMAS R. HOBBS, II, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(a) (2) OR (6) or 3301C) OF THE DIVORCE CODE 1. Plaintiff is Megann M. Hobbs, an adult individual who currently resides at 17 Valley View Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant is Thomas R. Hobbs, II, an adult individual who currently resides at 1101 Lindham Court, Apt. 807B, Mechanicsburg, Cumberland County, PA 17055 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 25, 1996 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are three (3) children of this marriage under the age of eighteen years, namely: Ashley born 2-24-1998, Sydney born 5-12-2001, and Landon born 6- 24-2005. 8. The Plaintiff avers that the grounds on which the action is based are as follows: (a) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable; (b) That the Defendant committed adultery during the marriage and prior to separation; and upon Plaintiff learning of said adultery Defendant promised to terminate the adulteress relationship but deceived Plaintiff and committed adultery again and continues to commit adultery; and (c) The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. 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. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(a) (2) or 3301 (a) (6) or 3301 (c) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 13. The parties have acquired marital debt during their marriage. 14. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT II ALIMONY PENDENET LITE, INTERIM COUNSEL FEES, COSTS AND EXPENSES 15. By reason of this action, Plaintiff has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 16. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 17. Plaintiff is a homemaker and her income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 18. Defendant has adequate earnings to provide for the Plaintiff s support and to pay her counsel fees, costs and expenses. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to support herself through appropriate employment. 21. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. WHEREFORE, Plaintiff prays this Honorable Court enter an Order making equitable distribution of the marital property and awarding her alimony pendente lite, and interim counsel fees, expenses and costs. COUNT III ALIMONY and COUNSEL FEES. COSTS AND EXPENSES 22. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 23. Plaintiff is a homemaker and her income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 24. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. 25. Plaintiff lacks sufficient property to provide for her reasonable needs. 26. Plaintiff is unable to support herself through appropriate employment. 27. Defendant has sufficient income and assets to provide continuing support, maintenance and counsel fees, costs and expenses for the Plaintiff. WHEREFORE, Plaintiff prays this Honorable Court enter an Order awarding her indefinite or permanent alimony and awarding her reasonable counsel fees, expenses and costs. Respectfully submitted, JOANNE HARRISON CLO Date: (- 21 O r7 Attorney ID No.: 36 61 24 N. 32nd Street Camp Hill, PA 1701 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, . OAk 1101L hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. A64 DATE: M g M. Hobbs 91 • C Q 1 ?-f r: rv c.i -ra 0 n r Ii ?? -1 r °t'1 U FARLEST imts\12630 Hobb9\12630.I.pra2 cleated: 920/04 0:06PM Devised: 6/18/08 2:59PM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-621 CIVIL ACTION - LAW THOMAS R. HOBBS, II, ; Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Hubert X. Gilroy, Esquire, and MARTSON LAW OFFICES as attorneys for the Plaintiff in the above-captioned matter. MARTSON LAW OFFICES By ao Ar Hu ert. Gilroy, Esquire I.D. No. 29943 Ten East High Street Carlisle, PA 17013 v (717) 243-3341 Dated: G fg ?? o Attorneys for Plaintiff Please enter the appearance of Steve Dzuranin, Esquire and WIX, WENGER & WEIDNER on behalf of the Plaintiff in the above matter. WIX, WANGER Dated: & - d1- OF ,508 North Second 5tre Harrisburg, PA 17108 Attorneys for Plaintiff l .?. Ala. s'd6s3 • _ A ` 1 WIX, WENGER & WEIDNER Stephen J. Dzuranin I.D. No. 52653 sdzuranin@wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-621 THOMAS R. HOBBS, II, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class, postage prepaid mail this day to the following: Hubert X. Gilroy, Esquire Ten East High Street Carlisle, PA 17013 Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 WIX, WEER & W)NER , Esquire , en J. D =S 8 orth reet P.O. Box 5 Harrisburg, PA 17108-0845 (717) 234-4182 DATE: June 19, 2008 1.v { rn 3 y N 2 A MEGANN M. HOBBS, Plaintiff V. THOMAS R. HOBBS, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-621 CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND NOW, comes Plaintiff, Megan M. Hobbs, by and through her attorneys, Wix, Wenger & Weidner, and files this Motion to Compel Answers to Interrogatories and Production of Documents pursuant to Pa.R.C.P. 4019, stating as follows: 1. Plaintiff, Megann M. Hobbs, is an adult individual who resides at 17 Valley View Drive, Mechanicsburg, PA 17050. 2. Defendant, Thomas R. Hobbs, II, is an adult individual who resides at 733 Colonial Court, Mechanicsburg, PA 17050. 3. Plaintiff instituted this action on January 31, 2007, by filing a Compliant in Divorce, which contained Counts in Equitable Distribution; Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses; and, Alimony and Counsel Fees, Costs and Expenses. 4. On March 13, 2009, Plaintiff served her First Set of Interrogatories and Request for Production of Documents ("Discovery Requests") on Defendant. A true and 1 correct copy of the Discovery Requests is attached hereto as Exhibit A and incorporated herein by reference as if fully set forth. 5. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009.12(a), Defendant's answers and production of documents pursuant to the Discovery Requests were due on April 13, 2009. 6. Defendant failed and/or refused to serve his answers and to produce documents pursuant to the Discovery Requests by April 13, 2009. 7. Defendant's continued delay is inexcusable. 8. Plaintiff submits that the answers to, and documents sought by, the Discovery Requests are relevant to Plaintiff's cause of action, or would lead to the discovery of information relevant to Plaintiff's cause of action. 9. Defendant's continual refusal to answer and produce documents pursuant to the Discovery Requests constitutes dilatory, obdurate and/or vexatious conduct during the pendency of a matter. 10. As a consequence, Plaintiff is entitled to recover her attorney's fees incurred in her continual attempts to obtain from Defendant full and complete answers and production of documents pursuant to her Discovery Requests. See 42 Pa.C.S. § 2503(7) 11. The undersigned sought the concurrence of Defendant's attorney, Thomas D. Gould, Esquire, and received no response. Accordingly, denial of concurrence is presumed. 12. No judge has ruled upon any other issue in this or a related matter. 2 l WHEREFORE, Plaintiff, Megann M. Hobbs, respectfully requests that this Honorable Court enter an Order: a. directing Defendant to serve full and complete answers to, and documents requested by, Plaintiff's First Set of Interrogatories and Request for Production of Documents; b. directing Defendant to pay Plaintiff's reasonable attorney's fees, costs and expenses incurred to obtain Defendant's full and complete answers and document production pursuant to the First Set of Interrogatories and Request for Production of Documents, which fees will be proven at the hearing on this Motion; and c. granting such other relief and sanctions as this Court deems just and appropriate. Date: Respectful WIX, W mitted, R & WEIDNER, By: I Steph ranin, I.D. No. 52653 , Esquire, ID #89277 N i 41cond Street 508 P.O. X 4 P. Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff 3 EXHIBIT A WIX, WENGER & WEIDNER Stephen J. Dzuranin I.D. No. 52653 sdzuranin@wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 MEGANN M. HOBBS, Plaintiff V. THOMAS R. HOBBS, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-621 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT To: Thomas R. Hobbs, c/o Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 Attorney for Defendant AND NOW COMES Megann M. Hobbs, the above-named Plaintiff, by her attorneys, Stephen J. Dzuranin, Esquire, and the law firm of Wix, Wenger & Weidner, and hereby requests that Defendant, Thomas R. Hobbs, answer fully, the following interrogatories in writing and under oath, and produce documents pursuant to the following request, within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following interrogatories within thirty (30) days after service upon you pursuant to Pa. R.C.P. 1920.22(b) and Pa. R.C.P. 4005. NOTE: Questions concerning marriage, children and marital offenses are with relation to the other party to this suit, unless otherwise indicated. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the Interrogatory, the following definitions are to be considered to be applicable to all interrogatories contained herein: A. No question is to be left blank. Answer every interrogatory. If the answer to an interrogatory is "none" or "unknown", such statement must be written in the answer. B. "Documents" is an all-inclusive term referring to any writing and/or recorded or graphic matter, however produced. The term "Documents" includes, without limitation, pleadings, agreements, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, surveys, books of account, ledgers, invoices, purchase orders, bills of lading, proposals, tax returns, financial statements, contracts, bills, checks, drafts, diaries, logs, recordings, telegrams, films, instructions, notebooks, scrapbooks, minutes, minutes of meetings, photographs, photocopies, publications, transcripts of telephone conversations, and any other retrievable data and all other such documents tangible or retrievable of any kind wherever located, however produced, whether an original or a copy (including but not limited to, carbon, photostat, xerographic copies), together with any attachment thereto or enclosure herewith. "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 cards, magnetic tape, microfilm, motion picture film, phonograph records or other form C. With respect to documents, the term "identify" means to state: (1) its description (e.g., letter memorandum, report, invoice, etc.); (2) its title and date, and the number of pages thereof; (3) its subject matter; (4) its author's identity; (5) its addressee's identity; (6) the identity of each person who received copies; (7) the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. (If any such document was, but is no longer, in the possession of or subject to control of Answering Party, describe the disposition that was made of it and when said disposition was made); and (8) whenever an interrogatory calls for the Answering Party to identify a document that party may, in lieu of so identifying, attach a copy of that document marked with the appropriate number of the interrogatory. D. "Identify" when used in reference to a natural person referred to herein as an "individual" means to state: (1) his/her full name; (2) present residence address or last known residence (including street name and number, city or town, and state; if present address is unknown, so state and state last known address and date when believed to be accurate); (3) present or last known business address (including street name and number, city or town, and state; if present address is unknown, so state and state last known address and date when believed to be accurate); (4) present employer or last known employer; (5) position, business affiliation, and job description at the time in question, with respect to the interrogatory or other request involved; and (6) whether ever employed by any party to this action, and if so, the dates he/she was employed by such party, the name of such party, and the last position held as an employee of such party. E. "Identify" when used in reference to a company, corporation, association, partnership, or other legal entity not a natural person means to state: (1) full name including any fictitious name used or registered; (2) address of principal place of business; (3) description of type of entity; and (4) if an entity is acting by one of its officers, directors, employees or agents, the identity of said natural person so acting on its behalf. F. Whenever a date, amount, or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state the date, amount or other computation or figure is an estimate or approximation (including relationship to other events). G. In any case where attorney-client privilege, any other privilege, or work product exception is claimed in response to an interrogatory, identify the document nonetheless, state the nature of the communication and whether the claim is for all or only part of the document and, if part, state which part, and the nature of the claim. H. These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been included in the answers had it been known or available, are to be supplied by supplemental answers. INTERROGATORIES AND REQUEST FOR PRODUCITION OF DOCUMENTS EDUCATION Have you ever attended college? If so, state: (a) Name of college and/or colleges. (b) Years attended. (c) Degrees, if any. (d) Major areas of study. (e) Regarding your expenses relating to professional schooling or licensing, or post-undergraduate-training, state the dates, types and amounts of your within spouse's financial contributions to the household expenses, educational costs, school travel expenses and other contributions by your spouse used by you or for your benefit in obtaining your degree or license. EMPLOYER 2. If you are employed (directly or through third parties), or have been employed directly or through third parties in the last five (5) years other than self-employed or other than by a partnership in which you are a partner, set forth the following for each employer in the last five (5) years: (a) Date of employment. (b) Name and address of employer. (c) Position held with employer. (d) Whether you entered into any written employment agreement with your employer. (e) If your employment was/is based upon a written employment agreement or based on a written agreement within the last five years, attach a copy of that agreement and/or agreements. (f) If no written agreement governs your employment, set forth whether your salary is based on commissions and/or piecework. (g) If employment is based on commissions of any nature, set forth the gross amount of your salary or draw, and the terms of commissions. (h) If earnings are based on piecework, set forth the piecework scale. (i) State for each pay period, and for the six month period immediately preceding the date these interrogatories are served: (1) The period covered. (2) The gross pay received. (3) The hours worked. (4) Itemization of each deduction deducted from the gross salary, specifying the nature of and amount of each deduction. (5) Net salary received. (j) Whether you are compensated differently for overtime work and the amount of overtime in the past (12) months. (k) Set forth any bonuses received by you from your employer in the past five calendar years, stating the amount, date received, and whether received in cash or some other form. In addition, what, if any, contractual rights do you have for receiving a bonus this year? (1) Attach your most recent paystub and any and all documentation evidencing any bonuses paid this year. 3. If your employment has been with one employer for three years, or if your employment with your present employer has been for less than three years, set forth as to each employer, during the five-year period, including your present employer: (a) Name and address of employer. (b) Dates of employment. (c) Positions held. (d) Gross earnings from that employment. PERQUISITES 4. In addition to salary and bonuses does your employer, at his expense, provide you with any other emoluments, including expense accounts or allowances, having a monetary value? If your answer is in the affirmative, list each such benefit and its cost or value. PROFIT SHARING 5. Do you participate in any profit-sharing plan of your employer? If the answer is in the affirmative, attach a copy of that profit-sharing plan and state: (a) Amounts received in either cash or by credit to the profit-sharing plan in the last five calendar years. (b) Present value of your interest in such profit-sharing plan. (c) Name of the administrator(s) of said plan. (d) Date of issuance of your interest. (e) Named beneficiary. RETIREMENT/PENSION PLAN 6. Are you or have you ever been a participant in any retirement, pension plan, or other deferred plan by virtue of your employment? If the answer is in the affirmative, attach a copies of each such plan and all documents that support your responses and state: (a) Amounts contributed by you and your employer, separately in each of the last five calendar years. (b) Present value of your interest in any such plan. (c) Name of the administrator(s) and/or trustee(s) of said plan. (d) Date of issuance of your interest in said plan. (e) Named beneficiary of said plan. (f) State the date of commencement of your employment with each firm that resulted in each such deferred plan. (g) With respect to each such deferred plan, attach to your answers hereto a copy of the date of marriage, date of separation and most current individual benefit statements; plan booklet and summary plan description; and plan document. STOCK OPTION/BONUS PLAN 7. Are you now or have been in the last five years a participant in the stock option or bonus plan? If the answer is in the affirmative, attach a copy of that plan and state: (a) Amount, nature and extent of such interest. (b) Type of plan. (c) Date of issuance of your interest. (d) Named beneficiary of such plan. (e) If you are no longer a participant in the plan, please state: (1) When your participation ceased. (2) What, if any, compensation you received for cancellation of your participation. (3) When you received compensation for cancellation of your participation. (f) Have you exercised any option within the last five years? If your answer is in the affirmative: (1) When was the option exercised? (2) What was the source of funds to pay for same? (3) How many shares do you presently hold that you obtained by exercising your option? (4) The remaining options. (5) The limits thereon. OTHER INCOME 8. Set forth all other income received, other than heretofore set forth in answers to the interrogatories, whether reportable or not for federal income tax purposes, during the current year and the past five calendar years and as to each such item of income, set forth: (a) Date received. (b) Amount received. (c) Name and address of person, firm, or corporation from whom received. (d) Type of income. (e) Whether received in cash, credit, materials, or other (if "other," for example, education or vacations, etc., identify what was received). 9. Check which of the following have produced income or loss for you at any time since the inception of this marriage: Dividends Interest (including interest on tax-exempt securities) Partnerships in which you are a partner Pensions or annuities Consulting fees Director fees Adviser fees Profit on sale of assets reported on Schedule "D" of your Federal Income Tax Returns Business income reported on Schedule "C" of your Federal Income Tax Returns) Alimony Unemployment compensation Disability income payments Buy-out or pay-out from a business or professional group, association, partnership or corporation. TAXES 10. State whether you have filed a local, state or federal income tax return for the past five calendar years. If such a return was filed for any of the past five calendar years, for each such year: (a) Attach complete copies of all such returns filed for the past five calendar years. (b) State the office of the Internal Revenue Service where each such return was filed. (c) Name and address of the person or firm who prepared each such return. (d) Name and address of all persons who have copies of each return. (e) Name and address of all persons who signed each return. (f) Name and address of any persons with whom said return was filed. If no income tax return has been filed for any of the previous five calendar years, as to such years, set forth: (a) Gross income from employment. (b) Other income, including capital gains and tax-free income, specifying each item of other income, as to description, amount and source. 11. If you are a member of a partnership, attach copies of the last five partnership returns filed with the Internal Revenue Service. Furthermore, if you are an officer, director, or owner of five (5%) percent or more of stock in any corporation, attach copies of the last five federal income tax returns filed by each such corporation. OTHER ASSETS OR INCOME 12. Have you received anything of value from any source, from the inception of the marriage, including but not limited to gifts, judgments, settlements, litigation, devise, bequest, legacies, insurance proceeds, loans, interest, dividends not herein before set forth? If so, as to each, set forth: (a) Amount received. (b) Name and address of person, firm, or corporation from which received. (c) Reason or basis for receipt. (d) When and where received. (e) Present location of receipts. (f) If gift or inheritance was received in form other than money, describe: (1) Value at the time of receipt. (2) What was received in lieu of money. (3) Present value. (4) Value at time of separation. (5) Date received. (6) If sold, date of sale. (7) Consideration received. (8) Disposition of the proceeds. 13. Have you had, in the past five (5) years, an occurrence for which you could have or did file a legal claim or been made a defendant? Describe each occurrence and potential or actual claim. ASSETS, MOTOR VEHICLES 14. State whether you own, lease, or have supplied to you by any person, firm, entity, corporation or other party, the use of, an automobile, truck, or other motor vehicle. If so, for each automobile, truck, or other motor vehicle, state: (a) Year. (b) Make. (c) Model. (d) License Number. (e) Name and address of the legal owner. (f) Name and address of the registered owner. (g) Name and address of any co-owners or interest-holders. (h) Date of purchase. (i) Name and address of the person or firm from whom the automobile, truck, or other motor vehicle was purchased. Q) Purchase price, or value at acquisition, date, initial amount, present balance of any liens or encumbrances thereon, including identity of lien- holders. (k) If there was a loan for purchase, please state the amount of loan and the amount of monthly payments. (1) Name and address of each person who has made payments on the automobile, truck, or other motor vehicle and the number of months that each person has made such payments. (m) How long you have been driving each automobile, truck, or other motor vehicle? (n) Your opinion as to current fair market value and as to value at date of separation. OTHER PERSONALTY 15. Itemize as to the types and value of the following assets owned by you at the date of acquisition, the date of separation, and its present value: (a) Aircraft. (b) Boats. (c) Jewelry. (d) Furs. (e) Collections. (f) Household goods and furniture including antiques and oriental rugs. (Attach invoices.) (g) Paintings and artworks. 16. Set forth, with particularity, all cash gifts of $500.00 or more, and all personal property of the character described in interrogatories 14 and 15, which you have transferred or disposed of during the last five (5) years, having a value or having been sold for $500.00 or more, setting forth as to each (use supplemental sheet if necessary): (a) Name and address of the transferee. (b) Relationship to yourself, if any, of the transferee. (c) A complete description of each property. (d) Consideration received for each transfer and the disposition of such consideration. (e) Name and address of all persons having knowledge of the facts set forth above. 17. Set forth the details of the following: (a) Accounts or other monies owing to you. (b) Debts owing to you. (c) Mortgages held by you. (d) Property in reversion, remainder, or expectancy. (e) Trust in which you or any of your children are beneficiaries. INSURANCE 18. State whether you presently own or have any interest in, or since the inception of this marriage have owned or had any interest in, any life insurance, annuity, or medical policy. If so, for each policy, state: (a) Name and address of the insurance company. (b) Number of the policy. (c) Type of policy (either term or whole life) and amount of coverage. (d) Date the policy was issued. (e) Face amount of the policy. (f) Present cash surrender value. (g) Amount of the annual premiums and how frequently paid. (h) Name and address of each owner of the policy and any relationship to you. (i) Name and address of the insured and any relationship to you. Q) Name and address of each beneficiary named in the policy, their relationship to you, and their percentage interest. (k) Date of any change of beneficiary and the names of each beneficiary added or deleted from the date of original acquisition. (1) Date of assignment of the policy and the name of each assignee, if the policy has been assigned. (m) Name and address of the insurance agent or broker for the policy. (n) Amount and date of each loan made on the policy, if any. (o) Present cash surrender value and at date of separation of the policy. BANK ACCOUNTS 19. Identify every account held in a bank, brokerage, or other financial institution in which you now have or, within the past five (5) years have had, any interest, ownership, or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodian or trustee. (a) Complete one Schedule "A" attached for each checking account (passbook, NOW, statement saving, certificate of deposit, saving certificate, etc.). (NOTE: Use one Schedule "A" for each account.) Enter here the number of Schedule "A's" attached hereto. (b) Complete one Schedule "B" for each passbook account, NOW, statement savings, certificate of deposit, money market funds, savings certificates or similar items thereto. (NOTE: Use one Schedule "B" for each account). Enter here the number of Schedule "B's" attached hereto. (c) As to all stock, securities other than bonds, including but not limited to stocks, debentures, mortgages, treasury bills, mutual funds (hereinafter referred to as "security"), money market funds, owned, held, purchased, acquired, sold or disposed of by you in the past five years, either individually, jointly, as tenant in common, trustee for any other person, custodian for any other person, or as beneficiary or cestui que trust, or in which you held a beneficial interest, complete one of the information sheets attached hereto and identified as Schedule "D". (Include securities even if interest or dividends thereon are exempt from taxation.) (NOTE: Use one Schedule "D" for each stock.) Enter here the number of Schedule "D's" attached hereto. (d) As to all bonds, including United States Savings Bonds, corporate bonds, municipal bonds, or any other type of bond, owned, held, purchased or sold, redeemed or disposed of by you in the past five (5) years, whether held in your name, individually, jointly, in common, as trustee for any other person, custodian for any other person, or as beneficiary or cestui que trust, or in which you had any beneficial interest, complete one of the information sheets attached hereto and identified as Schedule "E". Enter here the number of Schedule "E's" attached hereto. SAFE DEPOSIT BOXES 20. As to any safe deposit boxes, vaults, safes, or other places of deposit and/or safekeeping (hereinafter for the purpose of brevity referred to as "place of safekeeping"), maintained by you, or in which you have deposited any monies, documents, or other items of personal property, or in which you have had power of signature, or access to any such safe deposit boxes, vaults, safes, or places of deposit and/or safekeeping, in the past five years, state: (a) Name and address of bank or other location. (b) Name under which box or other vault, safe, or other place of deposit or safekeeping is or was maintained. (c) Name and address of all other persons now having or who had power of signature, or access to any such safe deposit box, vault, safe, or other place of deposit and safekeeping. (d) Number and other means of identification of each such place of safekeeping. (e) Date and place of safekeeping commenced. (f) List of all items located in such place of safekeeping. (g) Dates of entry within the last five years into such place of safekeeping. (h) Items in such place of safekeeping at time of separation. (i) Items in such place of safekeeping one year before date of separation. Q) Items in such place of safekeeping at the time the action was instituted. (k) Date such place of safekeeping was terminated. REAL ESTATE 21. As to any real estate in which you now have or have had an interest during the marriage, whether individually, jointly, or in partnership form, by the entirety or in common, or as trustee for any person or as beneficiary under any trust or held for your beneficial interest or any other method, complete one of the information sheets attached hereto and identified as Schedule "C". (NOTE: Use one Schedule "C" for each real estate interest.) Enter here the number of Schedule "C's" attached hereto. If any real estate listed in this interrogatory 21 has not been sold or otherwise disposed of, or produces any rental income or other income, as to each of the last five calendar years, set forth: (a) Address of property. (b) Name and/address of each person from whom rent or other income was received. (c) Amount received from each person in each year. (d) Portion of premises rented to each person. (e) Itemization of all expenses of maintaining that real estate in each year. BUSINESS 22. At any time during your marriage, were you engaged in any business enterprise, either solely or jointly with others? If so, for each business state: (a) Name and address of the business. (b) Form of the business organization (corporation, partnership, sole proprietorship). (c) Name of each officer or partner in the business. (d) Date on which your interest in the business commenced. (e) Your capital contribution to the business. (f) Your proportionate share in the ownership and profits of the business. (g) The annual gross profits of the business during the past five years. PROPERTY IN EXCHANGE FOR PROPERTY ACQUIRED PRIOR TO MARRIAGE 23. With respect to any property acquired by you during this marriage in exchange for property acquired by you prior to this marriage, state: (a) A description of each such property. (b) Value at time of this marriage. (c) Value at date of separation from your within spouse. (d) Current value. LIABILITIES AND OBLIGATIONS 24. As to each credit card or charge account maintained by you at present or at any time within the past five (5) years, whether in your individual name or jointly with others, complete one of the information sheets attached hereto and identified as Schedule "F". Enter here the number of Schedule "F's" attached hereto. 25. As to all monies applied for and/or received by you during the current year and the past five calendar years, complete one of the information sheets attached hereto and identified as Schedule "G". Enter here the number of Schedule "G's" attached hereto setting forth as to each such separate borrowing. FINANCIAL STATEMENTS 26. Have you submitted or prepared any financial statements for credit purposes to any banking institution or any financial institution in the past five years? If your answer is in the affirmative set forth: (a) Name and address of the bank or financial institution. (b) Date statement was submitted. (c) Attach a copy thereof. (d) Name and address of the person or firm who prepared the document. (e) Purpose of the document. (f) Person in possession of the document. FINANCIAL ACCOUNTING SERVICES 27. Have you in the past hired any professional accounting or bookkeeping services to maintain records of your assets, liabilities, income, expenses, tax returns, and other financial transactions? If so, state the following: (a) Name of person or firm who has rendered services in the last five years. (b) Address and telephone number of said person or firm. (c) Actual person within a firm, if a firm renders the services, who actually performs the services. 28. Did you prepare or have prepared in the last five years any records, accounts, journals or similar documents showing your income, expenses, assets or liabilities? If so, state: (a) Describe each record. (b) Names and addresses of the persons who have present custody of the record. (c) Attach a copy of each such record, account, journal or similar document. DOCUMENTATION 29. State the extent, type and location of all books, papers, records and other financial documents in your possession or control, which would reflect your income or assets. WITNESSES 30. State the names and addresses of all persons who were witness to or have knowledge or information of any relevant facts relating to this action, or who possess proof of the facts involved and their relationship to you. 31. State the names and addresses of any and all proposed expert witnesses and state: (a) Name and address of person who took statement from said expert. (b) Name and address of person in custody of report/statement. (c) The substance of said report/statement. (d) Attach true copies of all reports/statements rendered to you by any such proposed expert witness. WIX, WFKGER & WEX>NF-R I/ in/,F- squire P.O. Box 845 v Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:\sjd\3674 - Hobbs, Megann M\14993 - Domestic Relations\Documents\lnterrogatories & Request for Production of Documents to Defendant.doc 3/13/09 MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-621 CIVIL ACTION - LAW THOMAS R. HOBBS, II, Defendant IN DIVORCE VERIFICATION I verify that the statements made in the within Answers to Interrogatories 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. DEFENDANT: Thomas R. Hobbs, II Dated: 2009 MEGANN M. HOBBS, Plaintiff V. THOMAS R. HOBBS, II, Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that the foregoing Interrogatories and Request for Production of Documents was sent first class mail, postage prepaid this day to the following: Thomas R. Hobbs, II c/o Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 9, (717) 234-4182 I3 O Attorneys for Plaintiff Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-621 CIVIL ACTION - LAW Respectfully Submitted, WIX, WWQGER & WEJDNER St n J. Dzur nin, quire 8 Worth Sec d St et P.O. Box 845 Harrisbur PA 17108-0845 5 SCHEDULE "A" CHECKING ACCOUNTS NOTE: Complete one (1) Schedule "A" for each account. 1. State name and address of bank or other financial institution. 2. Title of account and account number. 3. Date you opened such account or date you acquired your interest therein. 4. Date you closed the account or otherwise ceased to have any interest therein. 5. Name and address of any other persons who have either an ownership interest or power to withdraw funds from such account. 6. Attach monthly statements for the past five (5) years. Attach photocopies of all checks written during the past five (5) years. 7. Balances as of the following dates: a. Date of separation. b. Date divorce action filed. C. Date you answered these interrogatories. d. If closed, the amount in the account 12 months prior to the date of closing and at closing. SCHEDULE "B" SAVINGS ACCOUNTS NOTE: Complete one (1) Schedule "B" for each account. 1. State name and address of bank, or other financial institution. 2. Title of account and account number. 3. Date you opened such account or date you acquired your interest therein. 4. Date you closed the account or otherwise ceased to have any interest therein. 5. Name and address of any other persons who have either an ownership interest or power to withdraw funds from such account. 6. Attach monthly statements for the last five (5) years. 7. Balances as of the following dates: a. Date of separation. b. Date divorce action filed. C. Date you answered these interrogatories. d. If closed, the amount in the account 12 months prior to the date of closing and at closing. 8. If any changes were made in the name of the account, fund or certificate, state the change made and the date of change. 9. List of all withdrawals made in the past three years, setting forth the date and amount of each withdrawal and the present balance. 10. Who received the monies withdrawn? SCHEDULE "C" REAL ESTATE NOTE: Complete one (1) Schedule "C" for each parcel of real estate. 1. Address 2. Date of Purchase. 3. Price paid. 4. Name and address of all holders of encumbrances; description of and amount of each encumbrance at date of acquisition of title. 5. If presently owned, name and address of all present holders of encumbrances and description of and amount of each present encumbrance. 6. If presently owned, list of all improvements made to property since date of acquisition, giving date improvement was made, nature of improvement and costs thereof. 7. Present assessment for tax purposes, setting forth assessments for land and improvements separately. 8. If owned prior to marriage, market value at time of marriage. 9. If not individually held, or held under an interest less than legal fee, the name and address of each person, firm, or corporation involved in title with you and the extent of their interest in the title. 10. If disposed of by sale, set forth: (a) Date. (b) Name and address of person, firm, or corporation to whom sold. (c) Consideration received therefrom. (d) Name and address of purchaser. 11. If disposed of other than by sale, set forth: (a) Date. (b) Name and address of person, firm, or corporation to whom disposed. (c) Method of disposal. (d) Consideration received therefrom. 12. How much was your contribution at the time of purchase? (a) Amount of down payment. (b) Monthly payments, if any, subsequent thereto. (c) Source of funds for purchase. 13. As to any improvements since purchase: (a) How much were the improvements? (b) Method of payment for the improvements. 14. Attach copy of settlement sheets for all purchases and sales. 15. Attach a copy of each such deed or, if unavailable, state the name and address of the person who has possession of same. 16. Rental income for each unit in property. 17. The amount of any monthly mortgage payment (including principal, interest, taxes and insurance) and who has made the payments in the last five (5) years. SCHEDULE "D" STOCKS NOTE: Complete one (1) Schedule "D" for each security. 1. Date of purchase or acquisition. 2. Type of security purchased and number of securities purchased. 3. Purchase price at purchase. 4. Method of acquisition if other than by purchase and consideration for that acquisition. 5. Broker through whom purchased, or name and address of person, firm, or corporation, from whom acquired. 6. Present value. 7. Date sold or otherwise disposed of. If sold, set forth the following: (a) Type and number of securities sold. (b) Sales price. (c) Name of broker through whom sold or person, firm, or corporation to whom sold, if not through a broker. (d) Net gain or loss resulting. 8. If disposed of, other than by sale: (a) Date of disposition. (b) Method of disposition. (c) Consideration received therefrom. (d) Name and address of the person, firm, or corporation to whom transferred. 9. If exchanged for any other security, describe: (a) Date exchanged. (b) Where exchanged. (c) What was received in exchange. (d) Consideration received for exchange. (e) Name and address of person, firm, corporation with whom exchanged. 10. If stock is in any non-publicly listed company, attach copies of last three annual statements of assets and liabilities. 11. The name or names in which each of the securities were registered. 12. If owned by any other person or in the name of any other person, the name and address of such person. SCHEDULE "E" BONDS NOTE: Complete one (1) Schedule "E" for each bond. 1. Date of purchase or acquisition. 2. Purchase price, if purchased. 3. Method of acquisition, if other than by purchase, and consideration for that acquisition. 4. Value at date of acquisition 5. Name and address of broker from whom purchased or name and address of person, firm, or corporation from whom acquired. 6. Name of person or persons whose names appeared on bonds. 7. Present value. 8. If sold, sale price, date of sale, and name and address of broker through whom sold, or name and address of person, firm, or corporation to whom sold, if not through a broker. 9. If disposed of other than by sale, date of disposition, method of disposition, consideration received therefrom, and name and address of broker through whom disposed of, or name and address of person, firm, or corporation to whom transferred. 10. Type and number of bond. 11. If exchanged for any other security or bond, or any other real or personal property, describe -method of exchange, when exchanged, what was acquired, name and address of broker from whom acquired, or name and address of person, firm, or corporation, from whom acquired, or who handled the exchange. SCHEDULE "F" CREDIT CARDS NOTE: Complete one (1) Schedule "F" for each credit card and charge account. 1. Identity of issuer of credit card or charge account. 2. Account number. 3. In whose name(s) account is maintained. 4. Date opened. 5. Attach monthly statements for the past (5) years. SCHEDULE "G" LOANS NOTE: Complete one (1) Schedule "G" for each loan. 1. Date when each amount was borrowed. 2. Amount borrowed. 3. Name and address of person, firm, or corporation from whom borrowed. 4. Method in which funds were received, i.e., cash or check. 5. Whether loan was evidenced or secured by any note or any other evidence of such obligation. 6. Name and address of any person who co-signed or guaranteed such loan. 7. If loan is secured in. part or in full, description of security given. 8. Dates and amounts of payments made on account of any such loan and method of payment. 9. Present unpaid amount. 10. Dates and amounts due on loan balance. 11. Rate of interest on loan. 12. Attach documents submitted to lender. MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-621 THOMAS R. HOBBS, II, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Compel Answers to Interrogatories and Production of Documents was sent by first class mail, postage prepaid this day to the following: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 WIX, WENGER & WEIDNER Date:/°? ? Oq By: ? Harva Owings Ba ghman n, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff OF THE 2 0 u 9 rl A i -8 If-'1 i 12: MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-621 CIVIL THOMAS R. HOBBS, II, Defendant IN DIVORCE IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this /Z" day of May, 2009, a brief argument on the plaintiff's motion to compel is set for Thursday, July 16, 2009, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, --l (It '/ Kevin X. Hess, J. Jeffrey C. Clark, Esquire For the Plaintiff Thomas D. Gould, Esquire For the Defendant rim COP(C-T jOng L LL slla/o9 ' 1 ^^i? ` Chi %_,1 N '.' ? ? N MEGANN M. HOBBS, Plaintiff VS. THOMAS R. HOBBS, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-621 CIVIL : IN DIVORCE IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this 2 3 "? day of June, 2009, a brief argument on the plaintiff's motion to compel set for Thursday, July 16, 2009, at 1:30 p.m. is rescheduled for Thursday, July 16, 2009, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin .Hess, J. Jeffrey C. Clark, Esquire For the Plaintiff Thomas D. Gould, Esquire., For the Defendant :rlm Llr ';' r Pfl, MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 07-621 CIVIL TERM THOMAS R. HOBBS, II, IN DIVORCE Defendant IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 16th day of July, 2009, this matter having been called for hearing, and it appearing for the moment that the interrogatories have been answered, the request for the motion to compel is denied as moot. The request for counsel fees is dismissed without prejudice to the plaintiff to raise the claim before the Master. By the Court, effrey C. Clark, Esquire For Plaintiff '1?1i mas D. Gould, Esquire For the Defendant 1 :bg 2904 JU 17 Pry !2= 5 { ? f X11. w JTY WIX, WENGER & WEIDNER Stephen J. Dzuranin I.D. No. 52653 sdzuranin@wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 MEGANN M. HOBBS, Plaintiff V. THOMAS R. HOBBS, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-621 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Megann M. Hobbs, by and through her attorneys, Wix, Wenger & Weidner, moves the Court to appoint a Master with respect to the following claims: Divorce Annulment -? Alimony Alimony Pendente Lite and in support of the Motion states: X Distribution of Property Support X Counsel Fees X Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The non-moving party has appeared in the action by his attorney, Thomas D. Gould, Esquire. 3. The statutory ground(s) for divorce are Sections 3301(a)(2), 3301(a)(6) and 3301(c) of the Divorce Code. 1 U,--e t j rr?c "y L" Y "U- 4. The action is contested with respect to the following claims: a. Alimony; b. Distribution of Property; C. Counsel Fees; and d. Costs and Expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 4 hours. 7. Currently, there is no additional information relevant to this Motion: Respectfully Submitted, Date: 1?bl() Q WIX, WENOER & WEI NER B -? t6pn J. Dzur nin, I. 52653 .608 orth Sec nd Str P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff, Megann M. Hobbs 2 MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-621 THOMAS R. HOBBS, II, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion for Appointment of Master was sent first class mail, postage prepaid this day to the following: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 Attorney for Defendant, Thomas R. Hobbs, II Respectfully Submitted, WIX, WINGER & W€IDNER Date: B ,. - ?' ?_.. Ste en j6 ranin squire 508 North S and eet P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff, Megann M. Hobbs OF THE lyl-, 2009 Q-T 13 PH 1: 54 1 -. MEGANN M. HOBBS, Plaintiff V. THOMAS R. HOBBS, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-621 CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER AND NOW, Q&&y 2009, Robert E. Elicker, Esquire, is appointed master with respect to the following claims: alimony, distribution of property, counsel fees, and costs and expenses. BY THE COURT CAL4 J. MOVING PARTY ,/IGlegann M. Hobbs Stephen J. Dzuranin, Esquire 508 N. Second Street Harrisburg, PA 17101 (717) 234-4182 l= l e-S !'i?LL /U?lS/Uq l NON-MOVING PARTY G,,Yf'omas R. Hobbs, II Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 (717) 731-1461 !- . HE r . ^?; , , -;BAR Y 2009 OCT 15 AN I I. O'l C` ,, MEGANN M. HOBBS, Plaintiff V. THOMAS R. HOBBS, II Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA c? NO. 07-621 CIVIL TERM c- : CIVIL ACTION - LAW - ;J : IN DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: t :. .. Please withdraw my appearance as counsel of record on behalf of Plaintiff Megann M. Hobbs. DATE: ' t Respectfully submitted, JOANNE HARRISON Joanne H4rrison Clough, Attorney ID No. 36461 3 820 Market Street Camp Hill, PA 17011 717-737-5890 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: P.C. Please enter my appearance to represent Plaintiff Megann M. Hobbs in the above captioned action. Respec lly submitted, STEP N J. DZVJLA, \ DATE: `? b 1 0 8Stn J. Dzu?'aninquit J?ii WENGL & IDT 508 North Second Street PO Box 845 Harrisburg, PA 17108-0845 ESQUIRE A*, i ? --44 5-,-? (- s-3 MEGANN M. HOBBS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS R. HOBBS, II NO. 07-621 DIVORCE DECREE AND NOW, Otla b~ ~3 , a o io , it is ordered and decreed that MEGANN M. HOBBS plaintiff, and THOMAS R. HOBBS, II ,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.") The parties Marital Settlement Agreement dated May 27, 2010, a copy of which is attached hereto is incorporated herein by reference, but not merged into this Divorce Decree. The Court retains jurisdiction for purposes of enforcing the terms and conditions of said Marital Settlement Agreement and to enter a Qualified Domestic Relations Order pursuant to paragraph 6 of the parties said Marital Settlement Agreement. r~ vu wi wta~y By the Court, MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-621 THOMAS R. HOBBS, II, Defendant CIVIL ACTION -LAW IN DIVORCE DOMESTIC RELATIONS ORDER NOW THEREFORE, Plaintiff and Defendant consent to the following Domestic Relations Order, as follows: 1. This Domestic Relations Order ("DRO") creates and recognizes the right of the Alternate Payee to receive a portion of the benefits payable with respect to the Plan of the Participant. It is intended to constitute a qualified domestic relations order ("QDRO") for purposes of lntemal Revenue Code section 414(p). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the Commonwealth of Pennsylvania. 3. This DRO applies to the Crete Corporation Profit Sharing P{an (the "Plan") and any successor thereto. The Plan is administered by Union Bank & Trust Company ("UBTC"), who shall be bound by the terms and conditions of this DRO. Thomas R. Hobbs, II ("Participant") is a Participant in the Plan. Megann M. Hobbs ("Alternate Payee"), the spouse of the Participant, is the Altemate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Thomas R. Hobbs, II 733 Colonial Court Mechanicsburg, PA 17050 1 Social Security No.: xxx-xx-2269 Date of Birth: July 31, 1968 5. The Altemate Payee's name, mailing address, Social Security number and date of birth are: Megann M. Hobbs 127 West Broad Street PO Box 941 Elizabethville, PA 17023 Social Security No.: xxx-xx-3960' Date of Birth: June 7, 1968 It is the responsibility of the Altemate Payee to keep a current mailing address on file with the Plan at all times that the Altemate Payee has any funds in the Plan. 6. The Altemate Payee is entitled to a portion of the Participant's share of the Plan as set forth below. UBTC is hereby directed to pay Altemate Payee's share directly to Altemate Payee. 7. This DRO assigns to Altemate Payee, effective as of the date this DRO is executed by the Court as set forth below, an amount equal to fifty (50%) percent of the Participant's share of the Plan after reducing the then current amount of the gross share of the Plan by $1,958.20. That is, the Participant is entitled to the first $1,958.20 of the Plan plus fifty (50%) percent of the balance as of the date of entry of this DRO as an Order of Court and the Altemate Payee is entitled to the balance of the Participant's share of the Plan. 8. The Altemate Payee's portion of the benefits described above shall be segregated and separately maintained in Account(s) established on her behalf and steal{ additionally be credited with any interest and investment income (or losses) attributable thereon from For security purposes, the complete social security numbers of the parties may be provided to UBTC by separate verification from the parties or their counsel. 2 w the Plan's valuation date immediately preceding the date of entry of this DRO as an Order of Court, until the date of total distribution to the Altemate Payee. 9. Alternate Payee shall be entitled to her share of the Plan as an atemate payee pursuant to section 402(e) of the Internal Revenue Code. 10. In no event shall the Altemate Payee have greater benefits or rights other than those which are available to the Participant. The Altemate Payee is not entitled to any benefit not otherwise provided by the Plan. The Altemate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Altemate Payee are preserved for the Participant. 11. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 12. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Altemate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Altemate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Altemate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 13. If Participant takes any action that prevents, decreases, or limits the collection by Altemate Payee of the sums to be paid hereunder, he shall make payments to Altemate 3 4 Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 14. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purposes of establishing it or maintaining it as a Domestic Relations Order, provide, however, that no such amendment shall require the Ptan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this ~3` day of c>csa6.~ , 20 /y ~-- wE c '~ ~' ~ ~~- off.- p~~ J~ ~~ „~ ~~ ~~ a ~ ~"° ~, ~ `CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE M an n M. Hobbs 9' / 7 / ~ Date BY THE COURT: . - -- cy Judge ~ ~ ~7 -ate c~ --t ~ -~-r mar= r- ~ -- ~, ~S? ~ ~r.3 ~-- DEF DANT/PARTIC~~ ~~ / ~ ~( Thomas R. Hobbs, fl ~` 1 ~ ~ Date ATTOF~dEY FOR PLAINTIFF/ ALT NATE FAA-~ff E Signature (- C/ 1 ~' ~ ~~.0 Date ATTORNEY FOR DEFENDANT/ PARTICIPANT Signature A ~~1~ Date 4 MEGANN M. HOBBS, Plaintiff/Petitioner v. THOMAS R. HOBBS, II, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN~L~(,ANI~ ~ ~ ~ NO. 07-621 rn~ o =~ ~ ~ --i -o ~ CIVIL ACTION -LAW "'a "' ~'m o° _ IN DIVORCE {o a~ ~° ~p A ~ Z~'1 D C TAL SETTLEMENT AGREEMENf-+ C~ ~ fTi ~' ~ ~, AND FOR CONTEMPT -~ AND NOW, comes Petitioner, Megann M. Hobbs, by and through her attorneys, Wix, Wenger & Weidner, and files this Petition to Enforce Marital Settlement Agreement and for Contempt, stating as follows: 1. 2. 3 4. 5. 6. Petitioner is Megann M. Hobbs. Respondent is Thomas R. Hobbs, II. Petitioner and Respondent were formerly husband and wife, having divorced on October 13, 2010, pursuant to a Decree in Divorce (the "Decree") entered by The Honorable Kevin A. Hess. The Decree is attached hereto as Exhibit "A," and is incorporated herein by reference as though set forth in full. The parties entered into a Marital Settlement Agreement (the "Agreement") on or about May 27, 2010. The Agreement is attached hereto as Exhibit "B," and is incorporated herein by reference as though set forth in full. The Agreement was incorporated, but not merged, into the Decree. Respondent has failed and refused to cooperate as necessary to effectuate the terms of the Agreement. 7. Pursuant to paragraph 10 of the Agreement, Respondent agreed to pay Petitioner $550.00 per month as spousal support/alimony. Petitioner has failed and refused to, despite demand, pay Respondent spousal support as agreed since June, 2010 (five months of nonpayment, a total of $2,750.00). 8. Pursuant to paragraph 13 of the Agreement, Respondent agreed to continue to provide health insurance coverage to Petitioner, subject to reimbursement in the amount of $80 by Petitioner, which amount represented the amount of additional charge to keep Petitioner on Respondent's health insurance through his employment. As a practice, Respondent was permitted to deduct the amount of $80.00 from spousal support/alimony payments. However, Respondent has failed and refused to, after demand, provide adequate confirmation that Petitioner continued to be covered by Respondent's health insurance policy. 9. Accordingly, absent proof from Respondent at a hearing on this Petition that he continued to carry Petitioner on his health insurance plan, Respondent should not receive a credit for this monthly amount. 10. Respondent's continual refusal to comply with the terms of the Agreement deprives Petitioner of rights to which she is entitled. 11. The obligations of the Respondent under the Agreement are clear. 12. Pursuant to Section 3105(a) of the Pennsylvania Divorce Code, Petitioner is entitled to a remedy or sanction to enforce the Agreement to the same extent as though the Agreement had been an order of this Court. 13. Accordingly, Respondent should be held in contempt by this Court. 14. Moreover, Respondent should be ordered to perform as necessary to effectuate the terms of the Agreement. 15. Pursuant to the Agreement, the marital home was sold and the sales proceeds of $38,264.25 are currently being held in escrow. 16. Pursuant to the paragraph 3.b.i of the Agreement, and subsequent agreement by the parties, Petitioner was to be reimbursed from the proceeds from the sale of the house for improvements that that she made to the home. The amounts for which Petitioner is to be reimbursed are more fully set forth on the document attached hereto as Exhibit "C" and incorporated herein by reference as though set forth in full. 17. Pursuant to paragraph 3.b.ii of the Agreement, each party was to receive reimbursement for certain marital debts from the proceeds from the sale of the house (Petitioner to receive $9,913.83 and Respondent to receive $6,301.20). 18. Pursuant to paragraph 3.b.iii of the Agreement, Petitioner was to receive $3,490.70 from the proceeds from the sale of the house. 19. Pursuant to paragraph 3.b.iv of the Agreement, the parties agreed to split the remaining balance of the proceeds from the sale of the house 60%/40% in Petitioner's favor. 20. Pursuant to paragraph 11 of the Agreement, Petitioner is entitled to reimbursement for amounts paid on the tax return in the amount of $772.00. 21. Petitioner requests that this Court enter an order permitting disbursement of the amount to which Petitioner is entitled from the proceeds from the sale of the house, which is more fully set forth on the document attached as Exhibit "C." 22. Petitioner requests that the amount paid to her from escrow include past due spousal support and tax reimbursement as set forth above. 23. Pursuant to paragraph 5.c. of the Agreement, Respondent agreed to either remove Petitioner from a PSECU loan used to purchase Respondent's truck, pay off the balance owing on the loan, or utilize his share of the proceeds from the sale of the house to pay off the balance owing. 24. Pursuant to paragraph 8 of the Agreement, Respondent agreed to pay off the American Express credit card account after he receives his share of the net proceeds from the sale of the house. 25. Upon receipt of his share of the proceeds from the sale of the house, Respondent should be directed to first pay, from said amount, the debt as outlined above, and be further directed to complete the payment in full or removal of the Petitioner from the said obligations of the Respondent. 26. Pursuant to paragraph 22 of the Agreement, a party is entitled to legal fees in any action to enforce the Agreement. 27. Petitioner has incurred attorneys' fees, costs, and expenses in attempting to enforce her rights under the Agreement, and such fees and costs continue to accrue. WHEREFORE, Petitioner requests that this Honorable Court hold Respondent in contempt for his violation of the Marital Settlement Agreement and issue an order: (i) directing that Petitioner be paid, from escrow of the proceeds from the sale of the marital home, the amount of $34,704.69, plus such additional amounts as become due after filing of this Petition; (ii) directing that the amount due to Respondent from escrow of the proceeds from the sale of the marital home be used to first pay the debts identified above; (iii) ordering Respondent to pay to Petitioner her attorneys' fees, costs and expenses incurred in bringing this Petition; and, (iv)granting such other relief as this Court deems just and appropriate. Respectfully Submitted, Date: t o 12, i ~ a By: 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 (717) 234-4182 Attorneys for Plaintiff/Petitioner Step J. uranin, I.D. #52653 Jeffr C. Clark, I.D. # 89277 VERIFICATION I, Megann M. Hobbs, Plaintiff/Petitioner in the Petition to Enforce Marital Settlement Agreement and for Contempt, have read the foregoing Petition and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that ail of the statements made in the foregoing Petition are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: /D ~ /v By: f ~~ +~~ ann M. obbs MEGANN M. HOBBS, Plaintiff/Petitioner v. THOMAS R. HOBBS, II, DefendantlRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-621 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition to Enforce Marital Settlement Agreement and for Contempt was served via regular mail at the following address: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 Attorney for Defendant/Respondent Date: lQ~ 2t ~ ~C~ Paula Cribben, Legal Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff/Petitioner f 0'CT/21i2~`10/THU 02:13 PM FAX: Plo, 7172406573 P. 002 MEGANN M. HOBBS V. THOMAS R. HOBBS II D~VORGE ~~~CR~E ANO NOW, .October 13 ~__~ 2810 , it is ordered and decreed that 1 MEGANN M. HOBBS ~ plaintiff, and ~;~ THOMAS R. HOBBS II I ' ,defendant, are divorced from the bonds of matrimony. Any existing spousal support crder shall hereafter be deemed an order for alimony pendente lite if any econon~Ye:'~laims remain pending, - The court retains jurisdiction of any claims rased by the parties to this action _ ~r -t beF~^, E1~tered~. 1 hose claims are as follows: (If no for which a final order has not ye~ J claims remain indicate`~None.°) The parties Marital Settlement Agreement dated Map 27, 2010, a copy of which is attabhed hereto is incorporated herein by reference, but not meted tnta this Divorce Decree. The Court retains jurisdiction for purposes of enforcing the terms and catidifions of said Mrbrital Se~femenl Agreement and to enter a QualMed Domestic Relations Order Fun~uant to paragraph 6 of the parties said Maritai Settlement Agreement. _ _ By the Court, Kevin A Hess Certified-C phi lid ~ ---- _- . Date z.. , .. n A... ,~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-621 MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT (the "Agreement") is made as of the~~ay of May, 2010, by and between Thomas R. Hobbs, II, an adult individual currently residing at 733 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania (the "Husband"), and Megann M. Hobbs, an adult individual currently residing at 17 Valley View Drive, Mechanicsburg, Cumberland County, Pennsylvania (the "Wife"). Recitals The background of this Agreement is as follows: R-1. Husband and Wife were married on May 25, 1996, in Harrisburg, Dauphin County, Pennsylvania. R.2. There are three (3) children born of the marriage between Husband and Wife, namely Ashley Kathryn Hobbs (born February 24, 1998 -age 12), Sydney Sarah Hobbs (born May 12, 2001 -age 9), and Landon Thomas Hobbs (bom June 24, 2005 - age 4). R-3. Wife has filed a Complaint in Divorce on January 31, 2007 in the Court of Common Pleas of Cumberland County, Pennsylvania, which action is docketed to No. 07- 621 (the "Divorce Action"). R-4. Differences have arisen between Husband and Wife and, as a result, they live separate and apart from each other and have done so continuously since December 31, 2006 (the "Separation Date"), and intend to do so for the rest of their natural lives; and the Parties hereto are desirous of settling fully and finally their respective personal, financial and property rights and obligations as between each other, including, without limitation, the settling all issues relating to equitable distribution, spousal support, alimony, alimony pendente lite, and payment of counsel fees and costs associated with the Divorce Action. NOW THEREFORE, in consideration of the marriage between the parties, and in conformance with the intent of parties during the course of the marriage, and in further consideration of the mutual covenants and obligations contained herein, the receipt and sufficiency of which are hereby acknowledged, and INTENDING TO BE LEGALLY BOUND HEREBY, the parties hereto mutually agree, covenant and stipulate as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. Divorce. It is specifically understood and agreed by and between the Parties, and each Party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife filed the Divorce Action on or about January 31, 2007. The Parties agree to cooperate with each other to take all legal steps (including the submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to Section 3301(c).of the Divorce Code is entered at such time as they mutually determine, taking into account health insurance on Wife pursuant to paragraph 13 hereof, provided however, that either party may request that, and the other party shall cooperate to effectuate the same, a Divorce Decree be entered upon the happening of any of the following events: 1. Husband properly removing Wife from his health insurance policy in accordance with paragraph 13 hereof; and 2. August 31, 2010. This Agreement shall not be incorporated or merged into the Divorce Decree presented to the Court, but shall retain all benefits of enforcement between the parties as set forth in Section 3105 of the Divorce Code. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or other interference whatsoever by the other. Neither Party shall molest the other nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Marital Residence. The parties are the owners, as tenants by the entireties, of their primary residence located at 17 Valley View Drive, Mechanicsburg, 2 Cumberland County, Pennsylvania (the "Marital Home"), which Marital Home is currently on the market for sale and subject to a conditional .agreement of sale that is acceptable to both parties. The Marital Home is subject to a loan and first mortgage in favor of Centric Bank (the "First Mortgage") and a home equity loan in favor of Centric Bank (the "HEL" and, together with the First Mortgage, the "Mortgages"). Regarding the Marital Home, the parties agree as follows: a. Wife currently lives in the Marital Home with the Children and intends to move to Elizabethville, PA when the Marital Home is sold or June 30, 2010, whichever occurs first. The Marital Home is currently on the market for sale through Jack Gaughen Realtor, ERA, whose listing contract expires June 30, 2010. If the Marital Home is not sold by June 30, 2010, the parties agree to extend the listing contract for a term of at least six (6) months. b. Upon the sale of the Marital Home the net proceeds (after payment of the Mortgages, outstanding taxes and all closing and similar costs) from the sale shall be used as follows: i. Wife shall be reimburse a total of $12,075.00 plus the cost of repairing the front porch on the Martial Home, representing capital improvements to the Marital Home; provided that Wife provides written proof of incurring such expenses, which proof may be in the form of canceled checks or receipts of payment from the applicable contractors. ii. The Marital Debts, as identified on Exhibit A hereof, shall be paid as follows: $6,301.20 to Husband; and $9,913.83 to Wife. iii. Wife shall receive $3,490.70 representing the dollar amount equal to sixty (60%) percent of the difference between the net equity of her vehicle and the net equity of Husband's vehicle as set forth in paragraph 5 below. iv. The balance shall be divided between the parties with Wife receiving sixty (60%) percent and the Husband receiving forty (40%) percent. c. In the event that the Marital Home is not sold prior to June 30, 2010, the parties agree that all costs associated with the maintenance of the Marital Home (such as mortgage payments, insurance and electricity) shall be paid through the home equity line of credit that the parties will apply for through Centric Bank, 3 and which shall become a part of the Mortgages to be paid from the sale proceeds of the Marital Home pursuant to this paragraph. The parties agree to take all steps necessary to apply for the said home equity line of credit no later than June 4, 2010 and thereafter to provide any required information or documentation to process said application in a timely manner. In the event that such line of credit is not approved, then the party who actually pays for such costs shall be reimbursed for the same as part of the cost of sale of the Marital Home. In addition, the parties shall share the responsibility for mowing the lawn at the house until it is sold with each party mowing at least every other week. 4. Distribution of Personal Property and Bank Accounts. Husband agrees that he will remove the lawn tractor, grill and chainsaw from the shed at the Marital Home no later than June 15, 2010, after which he shall be deemed to have forfeited the same and Wife may keep or dispose of the same in her sole discretion. Otherwise, Husband and Wife acknowledge they have divided the personal property acquired during the marriage and their marital bank accounts, which have now been closed, to their mutual satisfaction. Except in the case of failure of either Party to disclose the same, each Party hereby specifically agrees and by this Agreement does hereby release all of his or her right, title, and interest to the personal property in the other Party's possession and to any monies obtained from the marital bank accounts. 5. Automobiles. Husband and Wife agree that the Parties shall retain full ownership of the vehicles currently in their possession as follows: a. Wife shall retain ownership and possession of the 2003 Windstar Van or its replacement. The parties agree that this vehicle has a loan with a current value of $3,155.00 and a loan with an outstanding balance of $520.00, for net equity of $2,635.00. b. Husband shall retain ownership and possession of the 2005 Chevy Silverado or its replacement. The parties agree that this vehicle has a loan with a current value of $15,645.00 and a loan with an outstanding balance of $7,192.17, for net equity of $8,452.83. 4 c. Each Party shall be responsible for all payments on loans secured by his or her automobile, repairs, insurance and all other costs incurred as a result of such ownership and each Party agrees to execute any documents reasonably to confirm the proper ownership of any such vehicle upon presentation of such documentation by the other Party, provided, however, that Husband agrees that he shall either pay off the balance owing on his vehicle to PSECU, remove Wife from the said loan, or utilize a portion of the proceeds he is to receive from the sale of the Marital Home to pay off the balance owing on such vehicle, in which latter event, Husband agrees to timely make all payments on the vehicle loan. Upon Wife being removed from the obligation for the said vehicle loan to PSECU, she shall sign over her interest in such vehicle to Husband upon presentation by Husband of the necessary forms. 6. Profit Sharina, Retirement, and Securities. Husband has the following retirement accounts, which shall be divided as follows: a. Equi-vest account with a value of approximately $680.00, which he shall retain and Wife hereby expressly waives and relinquish any and all right or interest that he or she may have in and to the said account. b. The Husband's Profit Sharing Plan with Crete Carrier Corporation shall be divided through a Qualified Domestic Relations Order with Husband receiving $1,958.20, representing contributions to said plan after the date of separation, and the balance shall be divided fifty (50%) percent to Wife and fifty (50%) percent to Husband, based on the date that said Plan is so divided. The parties agree to cooperate to effectuate the transfer of Wife's share to Wife in a transaction that is as tax free as possible. In no event shall Husband be responsible for any taxes or costs related to the transfer of Wife's share to Wife. 7. Bank Accounts. Husband and Wife shall each retain the money held in those accounts under their respective names. Each party waives and relinquishes any and all right or interest that he or she may have had in the amount of money held in the other's accounts. 8. Marital Debts. The parties hereby warrant and represent to each other that a full and complete listing of the debt incurred by the Parties during the marriage and 5 owing as of the Date of Separation, is set forth on Exhibit A, attached hereto and incorporated herein by reference (the "Marital Debt"). Each Party agrees that he or she will be responsible for the portion of the Marital Debt as show on Exhibit A, provided however, that Husband agrees to use a portion of the funds he receives from the sale of the Marital Home to payoff the American Express Account as soon as he receives his share of the net proceeds. The parties each warrant and represent to each other that neither has incurred any other debt for which the other is liable since the Date of Separation. Each party hereby indemnifies and holds the other party harmless from any and all debts, liabilities, and obligations, including without limitation, any attorneys fees actually incurred by the indemnified party, as a result of any debts or obligations in such party's name and those that are not otherwise disclosed hereunder. 9. Future Debts. Neither party shall contractor incur any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save harmless the other party from any and all claims or demands, including attorneys' fees and costs, made against him or her by reason of debts or obligations incurred by such party. 10. Spousal SupportlAlimony. Husband agrees to pay to Wife the sum of Five Hundred Fifty ($550.00) dollars per month commencing June 1, 2010 (the "Commencement Date") and shall continue and shall continue until the first of the following to occur: a. The death of either party. b. The remarriage of Wife. c. The cohabitation of Wife with a member of the opposite sex who is not within the degrees of consanguinity. d. August 31, 2011. 11. Tax Exemption for the Children. The parties acknowledge that Wife currently has primary physical custody of the Children. The parties agree that they wish to maximize the tax benefits of the Children, provided that Wife's tax treatment is at least as beneficial to her as if she claimed all three Children on a tax return filing utilizing head of household status. To that end, the parties agree that Husband 6 may claim the Children on his yearly Federal income tax return if he makes Wife whole for any lost benefit resulting from her not claiming the Children on her yearly Federal income tax return, and agree to follow the following procedure to effectuate the same: a. Wife shall prepare a mock Federal income tax retums as follows: i. Wife will claim head of household status and claim, on separate mock tax retums, and to the extent available under the Internal Revenue Code rules: all three Children; two of the Children; and one Child, as exemptions and taking the maximum tax credits available to her. ii. Wife will claim single status and not claim any of the Children. b. On or before February 15 of each year, Wife will deliver the mock tax returns set forth in subparagraph a. above, which may be delivered to Husband by email delivery. Husband agrees to keep Wife informed of an active and usable email address for which Husband will accept email messages from Wife. In the event Wife fails to provide the mock tax retums by February 28, Husband shall have the right to claim all three Children and Wife agrees to deliver to Husband the Internal Revenue form necessary for Husband to claim the Children on his Federal income tax return for that year and then Husband shall not have the obligation to reimburse Wife pursuant to paragraph c. below. c. Within 30 days of receipt of Wife's mock tax retums, Husband will inform Wife of his intention to either claim all three Children, or any combination thereof, on his Federal income tax return for that year, or forego the opportunity to claim the Children. In the event Husband chooses to claim all three Children, or any combination thereof, he shall pay to Wife the difference between the Wife's tax effect of the mock tax returns set forth in subparagraph a hereof. Byway of example, if Wife's tax effect of the mock tax return claiming all three Children set forth in subparagraph a.i. above is a refund of $2,000 and Wife's tax effect of the mock tax return set forth in subparagraph a.ii. above is a tax owing of $500, Husband shall pay to Wife the sum of $2,500. Provided that Husband timely notifies Wife of his option to claim the three Children on his Federal income tax return, Wife shall sign and deliverto Husband, within seven days of request 7 from Husband, the Internal Revenue form necessary for Husband to claim the Children on his Federal income tax return for that year. Thereafter, Husband shall file his Federal income tax return electronically and shall provide Wife with a copy of confirmation of his filing along with a statement of when he expects to receive his tax refund. Husband shall then pay to Wife the amount owing pursuant to this provision no later then seven (7) days after he receives his tax refund and, absent evidence that such refund has not been received, it shall be presumed that Husband received his tax refund on the date provided on the Husband's confirmation of filing form. In the event payment is not timely received by Wife, or if Husband does not file a tax return by April 15, the payment to Wife pursuant to this provision shall be due no later than April 30. If such payment is not made on time, it shall accrue interest at the rate of 1 % per month, which shall be added on the said due date and the same day of each month thereafter until paid in full. d. The payment from Husband to Wife pursuant to this paragraph shall not be considered as alimony to Wife, but may be considered as a tax effect to Wife for purposes of child support calculations. e. In the event Husband does not notify Wife within thirty (30) days of Wife delivering her mock tax returns to Husband of his intentions regarding the Children, or in the event he fails to pay to Wife the amount set forth in subparagraph c. above on or before March 31 of the applicable year, he shall forfeit his right to claim the Children for that year. f. The Parties agree to follow the above procedure, except the specific times for the 2008 and 2009 tax years and to file amended tax returns as necessary, provided that Wife is made whole for those tax years. g. Except in the case of the situation described in of subparagraph 11.h.ii., the parties agree that, for purposes of calculating child support only, Wife shall be deemed to have claimed head of household status, claiming all three Children (or such as a child support obligation would apply to) and Husband shall be deemed to have claimed single status and not claiming any of the Children. h. In the event that the custody arrangement for the Children changes in the future 8 such that Wife is no longer the primary physical custodial parent of all three Children, the following shall control: i. If Husband becomes the primary physical custodial parent of all three Children, the above referenced procedure shall be followed with substituting Wife for Husband and Husband for Wife, including for purposes of subparagraph 11.g. ii. If Husband becomes the primary physical custodial parent for less than all three Children, then the parties agree to cooperate with each other to maximize the tax effects for both parties. In the event they are not able to so cooperate, then the exemptions for the Children shall be taken by the appropriate party pursuant to the rules of the Internal Revenue Code. 12. Children's Accounts. The parties are the joint owners of a BELCO account for Ashley and Husband's mother, Veda R. Hobbs, is a joint owner of a BELCO account for Sydney. The parties agree that the account for Ashley shall belong to Wife and the account for Sydney shall belong to Husband and each shall sign any forms necessary to effectuate this provision, with each party having the intention, but not the obligation to utilize the money received for the benefit of such children. The parties agree to execute and deliver to the recipient the necessary forms to effectuate this provision no later then seven (7} days from the date the same are delivered to the other party. 13. Health Insurance. Wife is currently carried on Husband's health insurance plan through Husband's employer. Husband agrees to continue to include Wife on such plan provided that Wife reimburses Husband with the cost difference of Husband's actual expense of health insurance based on a family (i.e. Husband, Wife and the Children) plan and based on a plan with Husband and the Children. Wife shall be solely responsible for all co-pays, deductibles and uncovered expenses relating to Wife's health care. Husband agrees to maintain this plan until the first of the following to occur: a. Wife fails to reimburse Husband for the cost to include heron the plan after at least seven (7) days notice from Husband of non-receipt of reimbursement. b. The entry of a Divorce Decree. 9 c. Wife obtaining a health insurance policy. d. Wife becomes eligible for health insurance through her employment. 14. Indemnification. Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 15. Disclosure. Each party asserts that he or she has made full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and encumbrances incurred in any matter whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy if the financial disclosure of the other, as an inducement to the execution of this Agreement. 16. Other Writings. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement or any part thereof, without undue delay or objection. 17. Counsel Fees. Except as otherwise provide herein, each party agrees to pay his or her own attorney fees and other costs. associated with the subject matter of this Agreement, including, without limitation, any incurred as the result of the filing for divorce from the other party. 18. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present, or future, specifically, without limitation, from the following: alimony pendente liter alimony; spousal support; division of property; claims or rights of dower and right to live in the marital residence; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life 10 insurance policy of the other; and any claim or right in the distributive share or intestate share of the other party's estate. 19. Entire Agreement/Amendment. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 20. Nonwaiver of Performance. 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 not be construed as a waiver of any subsequent default of the same or similar nature. 21. Invalidi 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 as if such provision had not been initially included. The failure of any party to meet her or his obligations under any one or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the remaining obligations of the parties. 22. Breach. If either party breaches any provision of this Agreement, the other party shall have the. right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 23. Governing Law. Regardless of where the parties may reside or be domiciled in the future and regardless of the situs of any of their joint, marital, or separate property, the parties' respective property rights in and to the Marital Property, their rights under this Agreement, and the interpretation of this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania in effect as of the date of this Agreement. The parties acknowledge that the law of the 11 Commonwealth of Pennsylvania might change, but, nevertheless, desire that any court interpreting this Agreement interpret it according to the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. This provision shall control under all circumstances, including, without limitation, upon any other court in which a divorce action may be filed outside of the Commonwealth of Pennsylvania. 24. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 25. Legal Effect. THE PROVISIONS OF THIS AGREEMENT ARE INTENDED TO EFFECT A LEGALLY BINDING PROPERTY SETTLEMENT BETWEEN THE PARTIES. WIFE HAS BEEN REPRESENTED BY WIX, WENGER & WEIDNER AND STEPHEN J. DZURANIN, ESQUIRE. HUSBAND HAS BEEN REPRESENTED BY THOMAS D. GOULD, ESQUIRE. EACH PARTY ACKNOWLEDGES THAT HE OR SHE EACH HAS READ THIS AGREEMENT, HAS BEEN AFFORDED SUFFICIENT TIME TO DISCUSS THIS AGREEMENT AND ALL FINANCIAL AND OTHER INFORMATION RELATED TO THIS AGREEMENT WITH COUNSEL, FULLY UNDERSTANDS THE FACTS, AND HAS BEEN FULLY INFORMED AS TO HIS OR HER LEGAL RIGHTS AND OBLIGATIONS BY COUNSEL, AND EACH PARTY ACKNOWLEDGES AND ACCEPTS THAT THIS AGREEMENT IS FAIR AND EQUITABLE, THAT IT IS BEING ENTERED INTO FREELY AND VOLUNTARILY AND THAT THIS AGREEMENT AND THE EXECUTION OF IT fS NOT THE RESULT OF ANY DURESS, UNDUE INFLUENCE OR COLLUSION. 12 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: ~~ HUSBAND: R. Hobbs, WIFE: ~ 61~.~- Megann M. Ho bs 13 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SS. On this, the ,~"7~hday of 2010, before me, a Notary Public, the undersigned officer, personally appeare Thomas R. Hobbs, II, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ,!~[riS~F.LLYetl NOTARIAL SEAL .iAt~MCE E. YOCtJM, Nobly w>bNo CNy ai Finrhb111p, DM11pMn CourMy My Co11r11Mdon ExpMes MMd1 ~, X14 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ... ~. otary Public My Commission Expires: (SEAL) SS. On this, the 2~ ~~~day of , 2010, before me, a Notary Public, the undersigned officer, personally appeare Megann M. Hobbs, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARAL REAL JANiCE E. YOCUM, NOIUy Pubb ~Y ~ , Druplr11001111 My Co1r1111iMion E>~f-ee M~10f 1 ~, 9pt4 4 V v ~~. otary Public My Commission Expires: (SEAL) 14 EXHIBIT "A" List and Assignment of Marital Debt Account/Ending Identification Number Chase Visa (now B.J. Barclay) (8687) Chase Visa (7800) Kohl's Home Depot Lowe's (6166 8) G.M. Card American Express (81001) Date of Separation Paid by Balance $5,928.73 Wife $2,828.73' Wife $ 382.69 Wife $ 189.00 Wife $ 188.62 Wife $ 396.06 Wife $6,301.20 Husband t This account was utilized for, among others, to assist in purchasing Husband's vehicle. Wife aclaiowledges receipt of $3,000 from the sale of a prior vehicle towards this account and the amount set forth is the net balance owing as of the Date of Separation after deducting the said $3,000. 15 a Item Me ann Tom Improvements to home per paragraph 3.b.i of MSA - Dillsburg Septic - $255.00 - Zimmerman - $307.00 - Bob Strohm Plumbing - $595.00 - Michael Howard - $2,700.00 - $3,000.00 - $3,675.00 Total $10,532.00 Additional improvements per fetter of 7/22/10 - Dillsburg Septic - $1,500.00 - $2,024.00 - $ 263.00 $ 3,787.00 - Hauenstein $ 714.13 -Hauenstein $ 344.50 - Permit for Septic $ 250.00 -August Mortgage payments $ 980.00 Marital Debts per paragraph 3.b.ii $ 9,913.83 $ 6,301.20 Vehicle per paragraph 3.b.iii. $ 3,490.70 60/40 split of balance $ 1.170.53 780.36 Sub Totals $ 31,182.69 $ 7,081.56 Outstanding amounts owing from Tom to Megann - Spousal support for June - September ($550/mth. less $80/mth. health insurance) $ 2,750.00 ($2,750.00) Tax return reimbursement $ 772.00 ($ 772.00) Total distribution (not including $ 34,704.69 $ 3,559.56 Truck loan) MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-621 CIVIL THOMAS R. HOBBS, II, Defendant IN DIVORCE IN RE: MOTION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER AND NOW, this /'I day of November, 2010, the hearing in the above-captioned matter set for December 1, 2010, is continued to Tuesday, December 14, 2010, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, `- - r • l_7 ?-? Kevin A. ss, P.J. a /Jeffrey C. Clark, Esquire - For the Plaintiff ' ? Th D ld G omas . ou , Esquire For the Defendant = -. - Am -' :7 3i Cm ?s fed rna. l C,I a?h P o THOMAS D. GOULD, ESQUIRE I.D. # 36508 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 MEGANN M. HOBBS, IN THE COURT OF COMMON PLEAS PLAINTIFF CLMERLAND C OUNTY, PENNSYLVANIA V. NO. 07 - 621 CIVIL TERM THOMAS R. HOBBS, II, IN DIVORCE DEFENDANT QEFENDANT'S RESPON SE TO PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND FOR CONTEMPT © cz) y rn M22, 1. Admitted. ?O -r? 2. Admitted. r om 3. Admitted. -y -< w .:v 4. Admitted. 5. Admitted. 6. Denied. Respondent has not failed and refused to cooperate to effectuate the terms of the Agreement. 7. Admitted that due to confusion and misunderstanding Respondent did not initially make the $550.00 spousak support/alimony payments to Petitioner. 8. Denied. As required by the Agreement, Respondent continued to provide health insurance for Petitioner until the Divorce Decree was issued. Petitioner was advised by Respondent that she remained covered under his employer's policy and informed Petitioner to contact the health care provider if she had any questions. 9. Denied. Petitioner remained covered by Respondent's health insurance until the Divorce Decree was issued. Defendant is entitled to the $80.00 credit as provided in the Agreement. suggested that 10. Denied that Petitioner was deprived of any entitlements. 11. Admitted. 12. Admitted. 13. Denied that Respondent should be held in contempt of court. If Respondent did not respond as quickly as Petitioner would have liked it was due to confusion or misunderstanding, not willful acts. 14. Admitted that Petitioner and Respondent should be required to effectuate the terms of the Agreement. 15. Admitted. 16. Admitted that the Agreement sets forth that Petitioner was to be reimbursed from the proceeds of the sale of the marital home for "capital improvements" to the marital home. The Agreement requires Petitioner to provide written proof in the form of canceled checks or receipts from the contractors. Exhibit C includes expenses that were not "capital improvements", but were maintenance expenses not reimbursable pursuant to the Agreement, i.e. Dillsburg Septic ($255.00) for semi-annual cleaning of septic tank, Zimmerman ($307.00) to repair water line break and Bob Strom Plumbing ($595.00) to replace water heater, 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted that paragraph 11 of the Agreement would require Respondent to reimburse Petitioner for her tax liability. At this time Petitioner has not provided Respondent with proof of payment of her alleged $772.00 tax liability. 21. Respondent also requests that the Court enter an Order permitting the disbursement of the escrow funds pursuant to the Agreement. It is denied that Exhibit C accurately sets forth Petitioner's or Respondent's entitlement from the proceeds. 22. Respondent agrees that Petitioner may be paid spousal support/alimony payments due since June 1, 2010 and any actually paid tax reimbursement from the Respondent's share of the escrowed funds. 23. Admitted. By way of further answer, Respondent has had difficulty refinancing the loan on Respondent's vehicle because Petitioner insisted that she be on the loan at PSECU and has refused to provide Respondent with a access code required to discuss the loan with PSECU. 24. Admitted. 25. Admitted that upon the receipt of his share of the escrowed funds, Respondent will remove Petitioner from the obligations as set forth in the Agreement. 26. Denied that Petitioner is entitled to legal fees from Respondent. 27. It is unknown what, if any, attorney fees, costs and expenses have been incurred by Petitioner, but Respondent denies that he is liable for Petitioner's fees or expenses. WHEREFORE, Respondent requests this Honorable Court to dismiss Petitioner's petition as to any alleged contempt or violation of the Agreement, but joins in requesting that it order the proper distribution of the marital funds held in escrow. Respectfully submitted, THOMAS D. GOULD, ESQUIRE I.D. # 36508 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 VERIFICATION I verify that Respondent is not available to sign this verification but I have personally spoken to Respondent this day and he has confirmed that the statements made in this DEFENDANT'S RESPONSE TO PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND FOR CONTEMPT are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ry0ytds iBi .30 '2010 a, THOMAS D. GOULD, ESQUIRE MEGANN M. HOBBS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-621 -n THOMAS R. HOBBS, II, : CIVIL ACTION - LAW a? ? =c-n -0r#j : Defendant/Respondent : IN DIVORCE -<> ?, a C) c-a a -- MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW, comes Megann M. _a cn Hobbs and files this Motion to Make RUTS to?lgh o* Cause Absolute, stating as follows: 1. Megann M. Hobbs filed a Petition to Enforce Marital Settlement Agreement and for Contempt on October 26, 2010. 2. On November 3, 2010, the Honorable Kevin A. Hess issued a Rule on Respondent Thomas R. Hobbs, II, to show cause why the relief requested by Petitioner should not be granted, returnable within twenty days from the date of service. 3. On November 5, 2010, the undersigned served a copy of the Rule on Thomas D. Gould, Esquire, attorney for Respondent. A copy of the cover letter and Rule are attached hereto as Exhibit "A." 4. Respondent has not answered the Petition. 5. By application of Pennsylvania Rule of Civil Procedure 206.7, "[i]f an answer is not filed, all averments of fact in the petition may be deemed admitted for the purposes of this subdivision and the court shall enter an appropriate order." 6. The Rule scheduled argument on the Petition for December 1, 2010. By subsequent Order, the Court rescheduled argument for December 14, 2010 at 11:00 a.m. in Courtroom Number 4 of the Cumberland County Courthouse. 7. Megann M. Hobbs requests that the hearing scheduled for December 14, 2010, be limited to the determination as to the amount that Respondent should pay to Megann M. Hobbs for her attorneys' fees, costs and expenses incurred in bringing the Petition. 8. Concurrence of Thomas D. Gould, Esquire, was sought, but the undersigned was not able to reach Mr. Gould. However, his concurrence is assumed to be denied. WHEREFORE, Megann M. Hobbs respectfully requests that this Honorable Court make the Rule to Show Cause absolute and grant the relief sought in the Petition. Respectfully Submitted, Date: 17 t I/ I v By: WIX, WENGER & WEIDNER Jeff C.`Glark, I.D. #89277 50 orth Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 MEGANN M. HOBBS, Plaintiff/Petitioner V. THOMAS R. HOBBS, II, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-621 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Make Rule to Show Cause Absolute was served by first class mail this day to the following: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 ENGER & VNIZIDNER Date: lp11 IZO)o Paula Chbben, Legal Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW STEVEN C. WILDS 508 NORTH SECOND STREET THERESA L. SHADE WIX DAVID R. GETZ POST OFFICE BOX 845 STEPHEN J. DZURANIN HARRISBURG PENNSYLVANIA 17108-0845 JEFFREY C. CLARK , PETER G. HOWLAND (717) 234-4182 Also Member MMS2chUSebb Bar FAX (717) 234-4224 www.wwwpalaw.com November 5, 2011 Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 RE: Hobbs v. Hobbs Our File No. 3674-14993 Dear Attorney Gould: THOMAS L. WENGER DEAN A. WEIDNER ROBERT C. SPITZER Of Counsel Suburban Office: 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717) 652-8455 Enclosed is a Rule to Show Cause on the Petition we filed in this matter. The hearing is scheduled for December 1, 2010. Our client will be on a pre- planned trip on that day. Accordingly, would you agree to reschedule that hearing? If so, let me know dates that would be good for you and your client and I will contact Judge Hess's assistant. Sincerely, WIX, WEN ER EIDNER By: Jeffrey C. rk, squire cc: Megann Hobbs cc: Steven J. Dzuranin, Esquire Enclosure OCT 272010 MEGANN M. HOBBS, Plaintiff/Petitioner V. THOMAS R. HOBBS, II, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-621 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this2?48y of Ab??un • 2010, upon consideration of the foregoing Petition to Enforce Marital Settlement Agreement and for Contempt, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause within ten {1j days why the relief requested by Petitioner should not be granted; (2) argument shall be held on , old at (L.?Qd a.mt. in Courtroom - of the Cumberland County Courthouse; and, (3) notice of the entry of this order shall be provided to Respondent by the Petitioner. BY THE COURT