Loading...
HomeMy WebLinkAbout03-1701BRITTANY DANELLE HOOD, Plaintiff, V. TREVOR MICHAEL HOOD, Defendant. · IN THE COURT OF COMMON PLEAS OF · CUMBE~~ COUNTY, PENNSYLVANIA · NO. 0;3 -- /701 · CIVIL ACTION - LAW · IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the cl'aims 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 at the Office of the Prothonotary at South Hanover Street, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 -1- BRITTANY DANELLE HOOD, Plaintiff V. TREVOR MICHAEL HOOD, Defendant. · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Brittany Danelle Hood, by and through her attorney, Edward J. Mimnagh, Esquire, and files this Complaint under Section 3301(¢) of the Pennsylvania Divorce Code, based upon the following: 1. Plaintiff, Brittany Danelle Hood, is an adult individual who currently resides at 5722 Cloverdale Road, Harrisburg, 17112, Dauphin County, Pennsylvania, since April 2003. 2. Defendant, Trevor Michael Hood, is an adult individual who has resided at 8 South George Street, Mechanicsburg, 17055, Cumberland County, Pennsylvania, since April 2000. -1- 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six -(6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 12, 1999, in Mechanicsburg, Cumberland County, Pennsylvania. (See Marriage Certificate attached hereto as Exhibit "A") 5. There has been parties, in this or any other jurisdiction. no prior action of divorce or annulment between the 6. The marriage of the parties is irretrievably broken. 7. Plaintiff avers that she has been advised of availability of counseling and she is aware of her right to request that the parties participate in counseling. 8. Plaintiff avers that Defendant is not in the military or naval services of the United States or its allies, or is otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. -2- divorce. Plaintiff respectfully requests this Honorable Court to enter a decree in WHEREFORE, Plaintiff prays for divorce from the bonds of matrimony existing between the Plaintiff and Defendant. Respectfully submitted, Date: THE LAW OFFICES OF EDWARD J. MIMNAGit Edward J. Mimnagh, Esquire Attorney for Plaintiff Pa. Supreme Court ID# 87860 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033-2178 Telephone: (717) 534-2600 Fax: (717) 534-1344 -3- Exhibit A VERIFICATION I, Brittany Danelle Hood, do verify that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements in this Complaint are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Brittany Danel~d ~ Plaintiff BRITTANY DANELLE HOOD, Plaintiff, V. TREVOR MICHAEL HOOD, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-1701 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE On this 16th day of April, 2003, I, Jodean E. Trostle, paralegal, of the Law Offices of Edward J. Mimnagh, 203 West Caracas Avenue, Suite 201, Hershey, Pennsylvania 17033-2178, hereby certify that I served a true and correct copy of the foregoing Complaint in Divorce, No. 03-1701, upon the Defendant, Trevor M. Hood via United States Mail, Postage Prepaid, and Certified United States Mail Return Receipt Requested to the address as follows: Trevor M. Hood 8 South George Street Mechanicsburg, Pennsylvania 17055 Date: By: /TJodean E rI'rostle, Paralegal Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 BRITTANY DANELLE HOOD, Plaintiff, Vo TREVOR MICHAEL HOOD, Defendant. ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) No. 03-1701 CIVIL TERM ) ) CIVIL ACTION - LAW ) IN DIVORCE Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of Trevor M. Hood, Defendant in the above matter. 4076 Market Street, Suite 209 Camp Hill, PA 17011 717-731-9502 Attorney for Defendant Date: Michael S. Travis Attorney for Petitioner 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD ) Plaintiff/Respondent, ) v. ) ) No. 2003-1701 TREVOR M. HOOD ) In Divorce Defendant/Petitioner. ) Petition for Exclusive Occupancy of the Marital Residence The Petition of Trevor Hood represents that: 1. The Petitioner is Trevor M. Hood and resides at 8 S. George Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Brittany Hood and resides at 57212 Cloverdale Road, Harrisburg, Dauphin County, Pennsylvania. 3. Petitioner and Respondent are husband and wife,, having been married on June 12, 1999. 4. On April 14, 2003, Respondent instituted the above captioned divorce action. 5. Respondent left the marital residence on her own accord, after admitting to an adulterous relationship. 6. Respondent requested that Petitioner not speak directly with her after he attempted to give her mail. 7. On Jtme 24, 2003, Respondent appeared at the marital residence demanding property after her counsel was advised that she should not appear at the former marital residence. 8. Respondent appeared with her boyfriend, Justin McShane, Esquire, who, earlier in the day, made vague unspecific threats against Petitioner if he did not surrender a guitar. 9. Respondent and her boyfriend refused to leave tmtil the property was surrendered. 10. On October 7, 2003, Respondent's counsel, Edward Mimnagh, sent a letter looking for numerous items of personalty subject to equitable distribution. 11. Petitioner requests an Order granting him exclusive occupancy of the martial residence to prevent a breach of peace by Respondent or her boyfriend and to prevent any attempts to take property from the residence without agreement of the parties and to insure the Petitioner's privacy. I2. It is averred that if an Order is not issued, the Respondent will attempt to take the law into her hands, to appear at the residence, which may escalate into violence. 13. It is averred that the actions to claim property before equitable distribution are done to obtain an advantage in the divorce proceedings by Respondent. 14. Respondent's counsel, Edward J. Mimnagh, Esquire, does not concur with this petition. WHEREFORE, Petitioner requests this Honorable Court to enter an Order awarding exclusive occupancy of the marital residence and denying Respondent access to the home. _,~Y__' _~mitted, 6 Market Street, Suite 209 Camp Hill, PA 17011 717-731-9502 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing document are true and correct. [ mderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: Trevor M. Hood, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD ) Plaintiff/Respondent, ) v. ) ) No. 2003-1701 TREVOR M. HOOD ) In Divorce Defendant/Petitioner. ) CERTIFICATE OF SERVICE 1, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows: Date: Edward J. Mimnagh, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 s.' ravis ID No. 77399 4076 Market Street, Suite 209 Cmnp Hill, PA 17011 (717) 731-9502 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY HOOD ) Plaintiff, ) v. ) ) No. 2003-1701 TREVOR HOOD ) In Divorce Defendant. ) NOTICE OF SERVICE OF INTERROGATORIES DIRECTED TO PLAINTIFF TO THE PROTHONOTARY: Please take notice that Defendant has served interrogatories upon Plaintiff; upon 203 West Caracas Avenue, Suite 201, Hers A 17033. Edward Mimnagh, Esquire, venue, Sm're 2~ Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Date: CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: Dated: Edward J. Mimnagh, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 1701 (717)731-9502 Fax 731-9511 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD ) Plaintiff/Respondent, ) v. ) ) No. 2003-1701 TREVOR M. HOOD ) In Divorce Defendant/Petitioner. ) RULE TO SHOW CAUSE AND NOW, this [~ pqday of ~)3 , 2003, a Rule is issued upon Respondent, Brittany D. Hood, to show cause, if any, why e'~clusive occupancy of the marital residence should not be granted to Petitioner, Trevor M. Hood. D.,,i~tribution: · 'fvlichael S. Travis, Attorney for Petitioner oLZ/dward J. Mimnagh, Attorney for Respondent By the Court: BRHTANY DANEL] Plaintit V. TREVOR MICHAEL Defend ,E HOOD, [/Respondent, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1701 HOOD, : : CIVIL ACTION - LAW mffPetitioner. : 1N DIVORCE RESPONDENT~ OCCUPANCY O AND NOW, through her attorney, Defendant, Trevor M follows: Mechanicsburg, Cumb ANSWER TO PETITIONER'S PETITION FOR EXCLUSIVE F THE MARITAL RESIDENCE AND RULE TO SHOW CAUSE Plaintiff, Brittany Danelle Hood, (hereinafter "Respondent"), by and Edward J. Mimnagh, Esquire, hereby Answer the Petition filed by chael Hood (hereinafter "Petitioner") and in support thereof, avers as Admitt ~d. It is admitted that Trevor M. Hood resides at 8 South George Street, 2. Admitt Hanisburg, Dauphin C 3. Admitt~ .~rland County, Pennsylvania. ~'d. It is admitted that Brittany D. Hood resides at 5722 Cloverdale Road, ~unty, Pennsylvania. d. 4. Admit Page 1 of 7 5. Admit~ in an adulterous relati the marital residence following: shelter with he but found that answer it is a' Respondent. b. 2 hold her arms holding scissor her clothing. Respondent's 1: Respondent's Respondent's, answer, it is av supervisor. d. ] continued to n become unheal Respondent's p By way of furtt pet cats to the care. ed in part. Denied in part. It is admitted only that Respondent engaged ~nship and admitted same to Petitioner. It is denied that Respondent left on her own accord. By way of further denial Respondent avers the ~fter Respondent's separation from Petitioner, and after taking temporary r immediate family, Respondent attempted to return to the marital home Petitioner had changed the locks on all the doors. By way of further ~erred that Petitioner did not provide a key or means of access to the tfter Respondent's admission of adultery, Petitioner forced Respondent to over her head for periods of fifteen - (15) minutes at one time while in his hand and threatened that if her hands went down, he would cut up Lfter Respondent's admission of adultery, Petitioner arrived uninvited at [ace of employment, during normal working hours and proceeded to dump .nused feminine products and other personal items on the floor beside esk while shouting verbal obscenities at Respondent. By way of further ~rred that then Respondent had to "explain" the incident to her immediate )irectly after Respondent's separation from Petitioner, Petitioner tentally abuse Respondent by; (1) allowing Respondent's pet cats to :hy, (2) denying Respondent access to her pet cats, and (3) allowing ~t cats to "escape" outside the marital hmne for prolonged periods of time. er answer, Respondent avers that Petitioner refused to take Respondent's /eterinarian despite Respondent's offer to pay Petitioner for veterinarian Page 2 of 7 encouraged se Petitioner's fat further answer terminate her ~ f. on the couch i admitted to Re specifically to ] h. continued to m Community m~ date Responde Petitioner com employer aboui 6. Admitt requested, by and thrc with her. It is denied Petitioner attempted May/June, 2003, Pe ridiculed her for not picture of the married anger'in front of co-wo Directly after Respondent's separation from Petitioner, Petitioner ~eral of Respondent's co-workers, some of whom where members of rily, to intimidate and demean Respondent during work hours. By way of it is averred that, due to Petitioner's conduct, Respondent was forced to nployment after three and one half(3 1/2) years of service. l'hat prior to the parties separation, Petitioner forced Respondent to sleep the marital home. By way of further answer it is averred that Petitioner ~ondent that he engaged in a prior adulterous affair. :titioner threatened to destroy certain personal property belonging [espondent if Respondent did not obey him. )irectly after Respondent's separation from Petitioner, Petitioner totally abuse Respondent by encouraging several of Respondent's Church ~mbers to complain about her actions pnblicly. So much so, that to this it does not feel comfortable returning to her church of ten (10) years. >lained to the Pastor, Dave Hess, who was the Respondent's Mother's her actions without reference to his own wrong doing. ~'d in part. Denied in part. It is admitted only that Respondent ugh Respondent's counsel, that Petitioner not attempt to speak directly hat Respondent requested that Petitioner not speak directly with her after ~ give her mail. By way of further answer Respondent avers that in :ioner appeared at Respondent's place of employment and verbally emming Petitioner's repeated telephone calls. Also, Petitioner took a :ouple that was on the desk, ripped it up and threw it back on the floor in :kers. Page 3 of 7 7. Admitl appear at the marita/ Respondent engaged ii she should not appear avers the following: moming of Jm from her marit~ 24,2003. sometime affe counsel did ne Attorney Travi: home located change the lo¢ accessing her o 8. Admitt is CUlTently in an int undersigned counsel Early on said momin guitar. Respondent involvement. Said g Respondent wished to her permission. Atton Respondent had no le ed in part. Denied in part. It is admitted only that Respondent did residence on June 24, 2003 requesting property. It is denied that the course of conduct above after Respondent's counsel was advised that at the "former" marital residence. By way of further denial Respondent lespondent's counsel placed a telephone call to Attorney Travis on the e 24, 2003 to discuss the Respondent's :intentions of retrieving her guitar 1 residence. ~.espondent affected the exchange of pn)perty before 12:15 p.m. on June ~,espondent avers that Attorney Travis responded to Respondent's counsel 12:15 p.m. on June 24, 2003, by way of fax. However, Respondent's receive said fax until later that afternoon despite the "time stamp" on 's fax machine. ks a matter of law, Respondent may have reasonable access to the marital t 8 South George Street. By way of further answer, Petitioner may not rs on the marital home in order to exclude Respondent from reasonable am property. ;d in part. Denied in part. It is admitted that Respondent has been, and mate relationship with Justin J. McShane. Mr. McShane informed Respondent's intent to gain her guitar early morning of June 24, 2003. Mr. McShane's intent was to insure Respondent's safety, not to gain the made up her mind to retrieve the guitar regardless of Mr. McShane's tar was a gift to the Respondent from her father on her birthday. ~ttempt to gain her guitar that Petitioner had loaned out to others without ey Travis called and corresponded with Attomey Mimnagh asserting that fl right to enter the home and that the police would be called to arrest her Page 4 of 7 if she arrived. Under: of her intent to enter 1 an attempt to avoid ~ McShane informed hil he would not be prese prerogative, he refuse( to avoid making Res her marital property, McShane drove her ~ one house away. At her martial house to they were inside talk back to the car and returned to the car a: Petitioner's cousin ant vehicle and offered Respondent to wait Respondent retrieved further denial, Respon the veracity of the a~ threats" remain undefi: The remaining averme 9. Denied retreat from the maril surrendered to Respox Respondent to remain gned counsel called the Mechanicsburg Police Department to inform them te marital home to retrieve her property. Mr. McShane called Petitioner in ny potential uncomfortable situation for the sake of both parties. Mr. n that she was coming to retrieve the guitar and she would appreciate it if at so that she might not feel uncomfortable when she saw him. As is his to comply with the request. After he refiased to leave the marital property ondent feel uncomfortable and Petitioner's refusal to grant her access to Ir. McShane picked her up at work rather then have her drive herself. Mr. her martial property. Mr. McShane stayed lawfully parked in the street times Mr. McShane remained in the vehicle. Respondent gained entry to ~eve her property. Petitioner was present. Mr. McShane observed that ~g. Mr. McShane called her cell phone. Mr. McShane told her to come tat she should not speak to him as he is an adverse party. Respondent ~r Petitioner told her to wait because th,: guitar was on the way. Before another female arrived with the guitar, Petitioner came to Mr. McShane's Ir. McShane and Respondent a glass of water, told Mr. McShane and id that the guitar should be there in five minutes. The guitar arrived, and Mr. McShane and Respondent left the marital residence. By way of ent is without knowledge or information sufficient to form a belief as to erments set forth in paragraph 8. to the extent that "vague unspecific ted, Respondent does not know what me,ming Petitioner attributes thereto. ~ts of this paragraph are specifically denied. as stated. It is admitted only that on June 24, 2003 Respondent did not al home until the specific item of Respondent's personal property was dent. By way of further denial, it is averred that Petitioner requested ~n the marital grounds to affect the exchange of property and offered both Page 5 of 7 Respondent and Mr. ! boyfriend Justin J. Mc is averred that Mr. Mc home. 10. Adlnitl Respondent's counsel certain items of marit denied. 11. Denied law to which no respo~ the same are therefore knowledge or informa' in paragraph 11. to th, undefined, Responden~ 12. Denied, own hands under an knowledge or informa in paragraph 12. to Respondent does not of this paragraph are ~ ~IcShane a glass of water as they waited. It is denied that Respondent's Shane refused to leave the marital premises. By way of further answer, it Shane never, at any time step foot on the marital property or in the marital ed in part. Denied in part as stated. It is admitted only that sent a letter to Petitioner's counsel requesting the voluntary exchange of property. The remaining averments of this paragraph are specifically The averments of this paragraph are denied as they are conclusions of is necessary pursuant to the Pennsylwmia Rules of Civil Procedure and deemed to be denied. By way of further denial, Respondent is without ion sufficient to form a belief as to the veracity of the averments set forth : extent that "prevent breach of peace" m~d "Petitioner's privacy" remain does not know what meaning Petitioner attributes thereto. It is denied that Respondent ever took, or will ever take the law into her circumstances. By way of further denial, Respondent is without on sufficient to form a belief as to the veracity of the averments set forth ~e extent that "take the law into her own hands" remains undefined, ~ow what meaning Petitioner attributes thereto. The remaining averments ecifically denied. Page 6 of 7 13. Denied during the parties pe~ without knowledge or set forth in paragra[ Respondent does not k of this paragraph are 14. Admi~ Petitioner's Petition. Respondent's counsel WHEREFOR by Petitioner, Trevor ~ It is denied that Respondent seeks to gain any advantage whatsoever tding divorce proceedings. By way of further denial, Respondent is information sufficient to form a belief as to the veracity of the averments h 13. to the extent that "obtain an advantage" remains undefined, now what meaning Petitioner attributes thereto. The remaining averments ,ecifically denied. ed. It is admitted that Respondent's counsel does not concur with By way of further denial, Respondent struggles to understand why ~ould concur with Petitioner's Petition under any circumstances. Respondent, Brittany D. Hood, respectfully prays that the Petition filed Hood, be denied and dismissed without prejudice. Respectfully submitted, THE LAW OFFICES OF EDWARD J. MIMNAGH EBdYward J. Attorney for Respondent Supreme Court I.D. # 87860 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033-5109 Telephone: (717) 534-2600 Fax: (717) 534-1344 Page 7 of 7 VERIFICATION I, Brittany Respondent's Ans~x Residence and Rul, information, and bel Pa.C.S. § 4904 relati Date: Danelle Hood, do verify that the fftcts contained in the foregoing ers To Petitioner's Petition For Exclusive Occupancy of the Marital to Show Cause are true and correct to the best of my knowledge, ~f. I understand that false statements are made subject to the penalties of 18 ag to unsworn falsification to authorities. Brittany Danet~/lood Plaintiff Michael S. Travis Attorney for Petitioner 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD ) Plaintiff/Respondent, ) v. ) ) No. 2003.-1701 TREVOR M. HOOD ) In Divorce Defendant/Petitioner. ) Motion for Evidentiary Hearing on Petition for Special Relief NOW COMES the Petitioner, Trevor M. Hood, by and through his attorney, Michael S. Travis, and moves this Court for an evidentiary hearing as follows: 1. Petitioner requested exclusive occupancy of the parties former martial residence on October 9, 2003. 2. The Court issued a Rule to Show Cause as to why the Petition should not be granted on October 14, 2003. 3. Respondent answered the Petition on October 28, 2003. disputed fact. this motion. An evidentiary hearing is the most expeditious manner of resolving the issues of Respondent's counsel, Edward J. Mimnagh, Esquire, d/a~oes no~oncur with WHEREFORE, Petitioner moves this Honorable Court lbr an evidentiary hearing on the Petition. Respectfully submitted, ~~ra;is 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 ID No. 773!19 Attorney fo]: Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD ) Plaintiff/Respondent, ) v. ) ) No. 2003-1701 TREVOR M. HOOD ) In Divorce Defendant/Petitioner. ) VERIFICATION Being more familiar with the facts contained in this motion, than the Petitioner, ! verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: //~ ,'~.- ,~2, ~. · Mic4ca~ S. Travis Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD ) Plaintiff/Respondent, ) v. ) ) No. 2003-1701 TREVOR M. HOOD ) In Divorce Defendant/Petitioner. ) CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows: Date: Edward J. Mimnagh, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 Bg~:" ' ~ ' ~ ~ ~fi~mhael S. Travls ID No. 77399 407'6 Market Street, Suite 209 Cmnp Hill, PA 17011 (717) 731-9502 Attorney for Petitioner BRITTANY DANELLE HOOD, Plaintiff, TREVOR MICHAEL HOOD, Defendant. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) No. 03-1701 CIVIL TERM ) ) CIVIL ACTION - LAW ) IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIM AND NOW, THIS //,b/~ day of November, 2003, comes the Defendant, Trevor Hood, by and through his attorney, Michael S. Travis, and answers the Complaint in Divorce as follows: 1 - 6. Admitted on information and belief. 7. Denied. Defendant does not know if Plaintiff has been advised on the availability of counseling, and the same is denied. 8. Admitted on information and belief. By way of fi~rther answer, Defendant wishes to join the armed forces of the United States, which he is unable to do until a Decree in Divorce is entered. 9. Admitted on information and belief. WHEREFORE, Defendant, Trevor M. Hood, respectfully prays this Honorable Court to enter a Decree in Divorce. COUNTERCLAIM CLAIM FOR EQUITABLE DISTRIBUTION 10. Answers of Defendant to the Complaint in Divorce are incorporated herein and made part hereof by reference. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 12. property. Plaintiff and Defendant have been unable to agree to an equitable division of said WHEREFORE, Defendant respectfully requests the Court to enter an Order equitably distributing the parties' marital property. ~:itted, 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 ID No. 77399 Attorney for Defendant BRITTANY DANELLE HOOD, Plaintiff, Dated:~ IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~,~- fl3-1701 CIVIL TERM Date: //~/~ t9 -~ / ~076 Mm~- Camp Hill, PA 170t ~ (717) 731-9502 Attorney for Defendant BRITTANY DANELLE HOOD, Plaintiff, V, TREVOR MICHAEL HOOD, : Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1701 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE COUNT I DISSOLUTION OF MARRIAGE AND NOW, to wit this 12th day of November, 2003, comes BRI'I-i'ANY DANELLE HOOD, Plaintiff, by and through her attorney, Edward J. Mimnagh, Esquire, and files this Amended Complaint in Divorce on the grounds hereinafter more fully set forth: 1. Plaintiff, Bdttany Danelle Hood is an adult individual who currently resides at 5722 Cloverdale Road, Harrisburg, 17112, Dauphin County, Pennsylvania. 2. Defendant, Trevor Michael Hood, is an adult individual who currently resides at 8 South George Street, Mechanicsburg, ~7055, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six -(6) months immediately previous to the filing of this Complaint and are citizens of the United States of America. 4. Plaintiff and Defendant were married on June 12, 1999, in Mechanicsburg, Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. Plaintiff avers that there have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The parties have not entered into a wdtten agreement as to equitable distribution of marital property. 8. Plaintiff acknowledges that she has been advised that counseling is available and that Defendant may have the right to request the Court require the parties to participate in such counseling in certain instances. 9. Plaintiff alleges the following grounds for the dissolution of the marriage: a. The marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 (c) of the Pennsylvania Divorce Code. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502{a) OF THE PENNSYLVANIA DIVORCE CODE 10. The prior paragraphs one -(1) through nine -(9) of this Complaint are incorporated herein by reference thereto. 11. Plaintiff and Defendant have acquired marital property, known as 8 South George Street, Mechanicsburg, Cumberland County, Pennsylvania, as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 13. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Date: //~Ov/'' / By: Respectfully submitted, THE LAW OFFICES OF EDWARD J. MIMNAGH Edward J. Mimn.~gh, Esqu' Attorney for Plaintiff Supreme Court I.D. # 87860 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033-5109 Telephone: (717) 534-2600 Fax: (717) 534-1344 VERIFICATION I, Brittany Danelle Hood, verify that the statements made in the foregoing Motion to Amend Complaint in Divorce to Include Additional Claims are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. B~ttany D~ell-e Ho~d Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD Plaintiff/Respondent, TREVOR M. HOOD Defendant/Petitioner. ) ) ) ) No. 2003.-1701 ) In Divorce ) ) Petition for Exclusive Occupancy of ) Marital Residence ORDER AND NOW, this ~J~day of Jb,J ~x/¢ ~"'*J,~l~, 2003, upon Motion of Petitioner for a hearing on Petition for Exclusive Occupancy of the p~ies m~ital residence, following an Answer to a Rule of this CouP, an evidentia~ he~ing is scheduled as follows: [ / , By the Court: ~/~istribution: ichael S. Travis, Attorney for Petitioner v/Edward J. Mimnagh, Attorney for Respondent Michael S. Travis Atlomey for Petitioner 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD Plaintiff/Respondent, V. TREVOR M. HOOD Defendant/Petitioner. ) ) ) ) No. 2003-1701 ) In Divorce ) ) Petition for Exclusive Occupancy ) of Marital Residence MOTION TO ENTER STIPULATION AS ORDER OF COURT AND NOW, comes Defendant, Trevor M. Hood, by and through his attorney, Michael S. Travis, and moves the Court as follows: 1. The parties to the above matter have amicably resolved their differences, according to the Stipulation attached as Exhibit A. this Court. The parties desire that the Stipulation for Agreed Order be entered as an Order of 3. The parties request that the hearing scheduled for December 11, 2003, be canceled upon approval of this Stipulation as an Order of Court. WHEREFORE, Defendant prays this Honorable Court for entry of the Stipulation as an Order of Court. mitted, ? ~,~ ,azb~aae~. ~ravls Attorney for Movant/Petitioner 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Date: BRITTANY DANELLE HOOD, Plaintiff/Respondent, V. TREVOR MICHAEL HOOD, DefendanlJPetitioner. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1701 : : CIVIL ACTION - LAW : IN DIVORCE : PETITION FOR EXCLUSIVE OCCUPANCY : MARITAL RESIDENCE STIPULATION FOR AGREED ORDER AND NOW, the above captioned Plaintiff (hereinafter "Respondent") and Defendant (hereinafter "Petitioner"), and their attorneys named hereunder, hereby make the following stipulation regarding material facts and the exclusive occupancy of the parties' marital home: 1. The Petitioner is Trevor M. Hood, an adult individual residing at 8 South George Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is Brittany D. Hood, an adult individual residing at 5722 Cloverdale Road, Harrisburg, Dauphin County, Pennsylvania. 3. The parties are Husband and Wife having been married on June 12, 1999 in Camp Hill, Cumberland County, Pennsylvania. 4. On April 14, 2003, Respondent filed a Complaint in Divorce with the Cumberland County Court of Common Pleas. 5. On October 9, 2003 Petitioner filed a motion with the court for exclusive occupancy of the parties' marital residence located at 8 South George Street, Mechanicsburg, Cumberland County, Pennsylvania, with the Cumberland County Prothonotary. 6. On October 28, 2003, Respondent filed her Answer with the Cumberland County Prothonotary. 7. On November 17, 2003, and upon Motion of Petitioner, the Honorable T. Wesley Oler, Jr. entered an Order of Court scheduling an evidentiary hearing for December 11, 2003, in Courtroom No. 1. of the Cumberland County Court of Common Pleas. 8. Since the entry of the Court's Order, the circumstances have changed in that Respondent has agreed that Petitioner may maintain exclusive occupancy of the marital home pending the resolution of parties equitable distribution issues either by agreement or by the Court. 9. As a result of this agreement, the parties respectfully inform this Honorable Court that Petitioner may, if it pleases the Court, have exclusive occupancy of the parties' marital home located at 8 South George Street, Mechanicsburg, Cumberland County, Pennsylvania. WHEREFORE, the parties hereby stipulate and agree that Petitioner shall maintain exclusive occupancy of the parties' marital home. The parties agree that this Stipulation shall remain in effect until further wdtten agreement of the parties or Order of the Court. This Stipulation is entered into without prejudice to the parties' in the pending Divorce and Equitable Distribution Actions. Trevor M. Hood Defendant/Petitioner c~l S~T~ra~,is, Esquire Attorney for Petitioner 4076 Market Street Suite 209 Camp Hill, Pennsylvania 17011 warc~J IV ~ squire Attorney for Respondent 203 West Caracas Avenue Suite 201 Hershey, Pennsylvania 17033 APPROVED BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD Plaintiff/Respondent, TREVOR M. HOOD Defendant/Petitioner. ) ) ) ) No. 2003-1701 ) In Divorce ) ) Petition for Exclusive Occupancy ) of Marital Residence Verification I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Trevor M. Hood, Petitioner/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD Plaintiff/Respondent, TREVOR M. HOOD Defendant/Petitioner. ) ) ) ) No. 2003-1701 ) In Divorce ) ) Petition for Exclusive Occupancy ) of Marital Residence CERTIFICATE OF SERVICE I, Michael S. Travis, certify that i have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows: Date: Edward J. Mimnagh, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRITTANY D. HOOD Plaintiff/Respondent, TREVOR M. HOOD Defendant/Petitioner. ) ) ) ) No. 2003-1701 ) In Divorce ) ) Petition for Exclusive Occupancy ) of Marital Residence ORDER AND NOW, this [ ~ IJC,~ day of_~_~, 2003, upon Stipulation for Agreed Order of the parties, the Stipulatio~ is ehtered as and O---~-~D~R of this Court. The hearing scheduled for December 11, 2003, is hereby canceled. By the Court: ~/?Wesley Oler,'J~. Distribution: ~x4ichael S. Travis, Attorney for Petitioner, 4076 Market Street, Suite 209 v4'~ct Camp Hill, PA 17011 ward J. Mimnagh, Attorney tbr Respondent, 203 West Caracas Avenue Suite 201, Hershey, PA 17033 Michael S. Travis Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 717-731-9502 BRITTANY D. HOOD, Plaintiff, TREVOR M. HOOD, Defendant. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) No. 2003-1701 ) ) In Divorce ) INVENTORY OF DEFENDANT Defendant, Trevor M. Hood, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this invenlory are true and correct. Defendant understands that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 3anuary 9, 2004 Trevor M. Hood, Defendant ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (x) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties (x) 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, workmen's compensation claim/award 2 ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (x)24. Debts due, including loans, mortgages held (x)25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other 3 MARITAL PROPERTY Plaintiff lists all marital property in which either or bolh spouses have a legal or equitable interest individually or with the other person as of the date this; action xvas commenced: Item no. Description of property Name of all Estimated value owners 1. Real estate jointly title $76,000.00 8 South George Street, Mech., PA H/W tenant (Wife's appraisal) by entireties 2. 1990 Ford Ranger driven by Husband, H $1,500.00 I53,000 mi. 1997 Hyundai Accent, 60,0000 mi. 3/03 J $ 2,500.00 5. Checking accounts divided at separation Belco Checking account No.838488 H $ 75.00 Belco Checking account No.755740 J $ 0.00 6. Savings accounts divided at separation Belco Savings account No.838488 H $ 30.00 Belco Savings account No.755740 J $ 0.00 9. Life insurance death benefit: $160,000 H $ 0.00 beneficiary: Stephen Hood, Joshua Hood cash surrender value Term 14. Set of Iuggage, antique bedroom suite, J * mirror 25. Queen size bed, couch, chair, lamps, J * framed art, dining room set, cat 25. Jewelry (in Wife's possession) J * $1,300.00 25. Photographs, Longaberger basket, vases J * $ 25. Japanese rifle, patio furniture J * $ Washer, dryer, refrigerator, dishwasher, J* $ range, TV, VCR, Computer, Tools 19. American Funds Roth IRA H $ 650.00 * Disputed NON-MARITAL PROPERTY No non-marital claims PROPERTY TRANSFERRED No known tranced, rs MARITAL LIABILITIE~ Item no. Description of debt: Credit cards Name of all Estimated claim owners Mortgage Service Center, Acct. No. H/W $36,489.45 current 171340-3, secured to g S. George Street, Mechanicsburg, PA Separation balance: $ 39,913.20 MBNA 4313025823243473 J $3,44 I. 18 Separation balance: $ 3,716.96 Bank of America 4319041013529344 J $4,817.80 Separation balance: $ 4,965.80 Sears Mastercard 5121071799763523 J $1,125.53 Separation balance: $1,200.00 Bank of America 4339930000170722 J $2,537.99 Separation balance: $ 3,067.62 Home Depot 6035320104328230 J $ 3,691.07 Separation balance: $ 3,664.07 Fleet 4305500340528275 j $ 4,294.68 Separation balance: $ 4,913.74 Providian 4185649597949703 j $ 532.34 Separation balance: $ 7,355.96 Belco Visa 755740 j $3,193.7 l Separation balance: $ 3,924.07 MARITAL LIABILITIES Description of debt: misc. liabilities Belco Community Credit Loan J $1,784.06 account No. 755740 36 mo sig loan Separation balance: $2,509.04 Real Estate taxes in escrow H $ 0.00 Defendant requests credit for payments made since separation. NON-MARITAL LIABILITIES No known liabilities BRITTANY D. HOOD, Plaintiff, TREVOR M. HOOD, Defendant. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) No. 2003-1701 ) ) In Divorce ) CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as ~bllows: Edward J. Mimnagh, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 Date: E. Robert Elicker, II, Esquire DIVORCE MASTER 9 North Hanover Street Carlisle, PA 17013 E ~ ~' IV~chael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for Defendant BRITTANY DANELLE HOOD, Plaintiff, V. TREVOR MICHAEL HOOD, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 2003-1701 CIVIL TERM : CIVIL ACTION - LAW IN : DIVORCE TO: .PRAECIPE TO ENTER APPEARANCE The Prothonotary of Cumberland County Cumberland County Courthouse S. Hanover Street Carlisle, PA 17013 Please enter the appearance ofMarsha I. Kaye, Esquire, the undersigned, of The Law Offices of Edward J. Mimnagh, as counsel of record for Plaintiff, Brittany Danelle Hood in the above captioned matter. Respectfully submitted, THE LAW OFFICES OF EDWARD J. MIMNAGH Date: a I. Kaye, Esquire c~ Attorney for Plaintiff Attorney I.D. # 83026 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 BRITTANY DANELLE HOOD, Plaintiff, TREVOR MICHAEL HOOD, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1701 CIVIL TERM : : CIVIL ACTION-LAW : iN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety - (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date: TREVOR MICHAEL HOOD Defendant BRITTANY DANELLE HOOD, Plaintiff. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1701 CIVIL TERM TREVOR MICHAEL HOOD Defendant. : CIVIL ACTION - LAW IN : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unswom falsification to authorities. Date: ~. - ~ -~5 q TREVOR MICHAEL HOOD Defendant 02/09/2004 MON 12:43 FAX 002/003 BRITTANYDANELLEHOOD, Plaintiffi TREVOK MICHAEL HOOD, Defendant. IN THE COURT OF COMMON PLEAS , CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1701 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) &the Divorce Code was filed on April 14, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety - (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry cfa final Decree of Divorce after service &Notice of Intention to Request Entry of the Decree. i verily that the statements made in this Affidavit are true and correct, I understand that false statements herein ara made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unswom falsification to authorities. BRITTANY DANT~L~ HOOD Plaintiff 02/09/2004 MON 12:43 FAX 003/003 BRITTANY DANELLE HOOD, Plaintif£ TKEVOR MACHAEL HOOD Defendant. : rN Tile COUKT OF COMMON PLEAS : CUMBERLAND COUNTY,PENN SYLVANIA NO. 03-1701 CIVIL TERM CIVLL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. i consent tq the entry of a final Decree of Divorce without notice. 2. I understand that I may ose rights concerning alimony, d vision of property, lawyer's fees or expenses ill do not Claim them before'a div0ree is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will bt sent to me immediately after it is filed with the Prothonotary. I verity that the statements made in this Attldavit are true and correct. I understand that false statements herein ute made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. BK1TTt ~ D~~~OOD Plaintiff BRITTANY DANELLE HOOD, Plaintiff VS. TREVOR MICHAEL HOOD, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1701 CIVIL IN DIVORCE ORDER OF COURT 2004, the economic claims raised in the proceedings having been resolved in acoordance with a marriage settlement agreement dated February 9, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. CC: Edward J. Mimnagh Attorney for Plaintiff Michael S. Travis Attorney for Defendant BY THE COURT, Ge~ J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY D. HOOD Plaintiff, V. TREVOR M. HOOD Defendant. No. 2003-1701 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Counsel of record: Edward J. Mimnagh, Esquire for Plaintiff Michael S. Travis, Esquire lbr Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 5~ day of J~J, ,2004, by' and between Trevor Michael Hood, (hereinafter referred to as "Husband,") and Brittany D. Hood, (hereinaIier referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on June 12, 1999: and WHEREAS, there were no children born of this marriage; WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; l. DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties il' they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband is represented by attorney Michael S. Travis. Wife is represented by Edward J. Mimnagh, Esquire. Husband and Wife acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets to the extent that it has been requested. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 3. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart t?om the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as thlly as if he or she were single and unmarried except as may be necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Excepting the list attached hereto as Exhibit "A,' neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. 3 Financial Accounts. The parties have equally divided all financial accounts to their mutual satisfaction. Neither party will make further claim to funds held in joint financial accounts. G'ash Paymcnt. In exchange for the mutual covenants contai~ed in this agrecmcnt, llusband s~hall pay fi5 Wife the sum of $2,000.00. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Each party agrees to relinquish any right to support, maintenance or Alimony Pendente Lite. 7. ALIMONY The parties herein acknowledge by this Agreement they have respectively secured and maintained substantial and adequate funds with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life which they are accustomed. Husband and Wife do hereby waive, release and agree to relinquish the right to Alimony. 8. LIFE INSURANCE It shall not be necessary lbr either party to maintain a policy of life insurance fbr the benefit of the other party. 9. AUTOMOBILES (a) The parties are the owners of two automobiles, a 1990 Ford Ranger pick-up truck driven by Husband and 1997 Hyundai Accdent driven by Wife. Neither auto is encumbered by a purchase money loan. Husband shall have sole and exclusive possession of the Ford. Wile shall have sole and exclusive possession of the Hyundai. (b) Should any action be required to transfer title or other document of ownership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. (c) Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. 10. DIVISION OF MARITAL RESIDENCE The parties are titled holders to real estate located at 8 South George Street, Mechanicsburg, Cumberland County, Pennsylvania. Hu~ban.4 ~hall receive title anon of thc ~ cai vst,~tc m~d any equity in thc p~ opel fy. The property is encumbered by a purchase mouey, mo~The Mortgage Service Center. Husband agrees to refinance the mortgage made within six months of the Distribution Date~j3f4~is Agreement. Wife shall sign a quit claim deed conveying his interest in the pr~' nd within thirty days of the execution of this Agreement. Husband shall pay t~~ration and tiling. ~usband shall pay all costs associated with refinan~nto his nanre. In the event that Husband is not able to have the m~.~c,shall make a snbsequent attempt six months ali. er the origi,n~application. Husband agrees to indemnify a~cd~old Wife harmless for any future expense related to the real property, including ta~ance, and utilities after the execution of this Agreement. ~ 11. PENSION RETIREMENT AND TRUST ACCOUNTS Husband and Wife shall maintain their separate pension, IRA and/or retirement accounts. Wife relinquishes any other rights, title, and interest she may have in all existing and future retirement assets or benefits of Husband's pension or retirement plans, 401K or other account, including Stock Options, Savings and Cash balance plans. Husband relinquishes any and all rights, title, and interest he may have in all existing or future retirement assets or benefits of Wife's pension or retirement Roth IRA, 401K or other account including Stock Options. Savings and Cash balance plans. 12. MEDICAL INSURANCE The parties shall be responsible for their own medical insurance. 13. MARITAL DEBTS Each of the parties agrees to keep the other indemnified and saved harmless from all debts or liabilities incurred by him or her since separation but prior to the date of'this agreement and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and any counsel fees whatsoever pertaining to such actions, claims and demands. Since separation, neither party has contracted for any debts which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. The parties have the following obligations: Credit card debts: Fleet 4305500340528275 MBNA 4313025823243473 Sears 5121071799763523 Home Depot 6035320104328230 Belco (loan) 755740 Providian 4185649597949703 Bank of America 4339930000170722 Belco C.U. 755740 Boscovs approx balance $ 4,32O.00 $ 3,609.00 $ 1,146.00 $ 3,568.00 $ 1,864.00 $ 532.00 $ 4,868.00 $ 3,263.00 $ 125.00 ll~_.e~Ychn n~o-t~fTo.r-thc mutual covenants cont&h,cd i~ thi3 Agrccmcnt, I luzbar~d agree8 to pay the abo'~,~ obligatious and ~av,. Wife harmlc3~ and indemnify from any obligation thc,con. 14. FILING OF IRS RETURN/TAXES Husband and Wife agree to file separate tax returns fbr the tax year in which the Decree in Divorce is entered. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allow to be filed the necessary documents to obtain a divorce under Section 3301 (c) of the Divorce Code. 16. DEATH PRIOR TO DIVORCE If either Husband or Wile dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same status as after the Agreement was entered into. 17. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 18. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 2O. 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 damages for such breach; and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or for seeking such other remedies or relief as may be available to him or her. 21. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is lair and equitable; that it is being entered into voluntarily; and that it is not the result of any duress or undue influence. 22. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 23. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 24. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formalities as 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. 25. PRIOR AGREEMENTS It is understood m~d agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 28. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 1N WITNESS WHEREOF, the parties set their hands and seals the day and the year first written Witness ~ Trevor M. Hood, Husband Brittany D. Hobd.)W'ffe EXHIBIT A Items of personalty to be delivered to Brittany D. Hood: Patio furniture (Wife's parents) Photographs Japanese Rifle Longaberger Basket Wedding ring and band Sapphire/diamond ring Topaz diamond ring Aquamarine ring Antique bedroom suite Spanish potter The remainder of all personalty, fixtures, furniture, and accessions located at 8 S. George Street, Mechanicsburg, PA shall be the properly of Husband. Commonwealth of Pennsylvania County of SS; PERSONALLY APPEARED BEFORE ME, this __ day of ,2004, a notary public, in and for the Commonwealth of Pennsylvania, Trevor M. Hood, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public Commonwealth of Pennsylvania: : County of : SS: PERSONALLY APPEARED BEFORE ME, this __ day of ,2004, a notary public, in and for the Commonwealth of Pennsylvania, Brittany D. Hood, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. Notary, Public AMENDMENT TO PARAGRAPH 10 10. Real estate will be listed for sale with Cindy Helm or a realtor acceptable to both parties. The proceeds of sale shall first be used to pay the mortgage, cost of sale and then the debts scheduled under Paragraph 13. Any deficiency will be equally borne by the parties. Beginning March 1, 2004, until the real estate is sold, wife shall pay to husband ½ the debt service on the mortgage of $200.00 per month and credit cards estimated to be $250.00 per month. Wife shall receive statements for payments made until the sale of the real estate at which time all.joint credit cards shall be closed. Husband will move out of the real estate on or before March 1, 2004. Any proceeds remaining after the sale of South George Street will be equally divided among the parties. BRITTANY D HOOD, TREVOR M. HOOD, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : : NO. 2003-1701 : CIVIL ACTION - LAW Defendant. : IN DIVORCE PRAECIPE TO TRANSMIT RECORD AND NOW, Plaintiff, Brittany D. Hood, by and through her counsel, Edward J. Mimnagh, Esquire, files the foregoing Praecipe to Transm/t the Record, together with the following information, to this Honorable Court for entry of a divorce decree: 1. The grounds for the above-captioned Divorce Action, No. 2003-1701 are that the marriage is irretrievably broken under § 3301 (c) of the Pennsylvania Divorce Code. 2. Plaintiff filed a Complaint in Divorce, No. 2003-1701, with the Cumberland County Court on April 14, 2004. ' -- ' ~ ..... D 3. Trevor M. Hood, Defendant above-captioned, was served with Plaintiff's Complaint in Divorce on April 22, 2003, via U.S. First Class Mail and Certified Mail Return Receipt Requested. (£~ ~w ........ ~ Ce, t~7~d Z~,',,,,, ~;,o: a!!achc_4_ ~src.~c -~ Ex;;i~i; "D ") 4. Plaintiff filed an Amended Complaint in Divorce on November 14, 2003. 5. Michael S. Travis, Esquire, counsel for the above-captioned Defendant, was sent a time-stamped copy of PlaintifPs Amended Complaint in Divorce, via U.S. Regular Mail on February 17, 2004. i%%~ C~;',e&-,~,,d~nce m~¥1id,~,dS. T,.'o~,~:.q;d;~ ,,ii. '~ ~' ........w~.:~. ...... d, ................... /)9 6. Both Plaintiff and Defendant executed Affidavits of Consent and Waivers of Notice, required by §3301(c) of the Pennsylvania Divorce Code on February 9, 2004, respectively in Page 1 of 2 Master Robert E. Elicker's office. Master Elicker's office then forwarded all documents to the Cumberland County Prothonotary for filing. 7. A Marital Settlement Agreement was signed by both the Plaintiff and Defendant at Master Robert E. Elicker's office, on February 9, 2004 ~(.~ tr~c ~--~ c o as c~xldbit "E") 8. The parties have agreed to have the Marital Settlement Agreement incorporated into the divorce decree. captioned. There are no claims pending between the Plaintiff and Defendant above- VgItEREFORE, Plaintiff prays that this Honorable Court will enter a Final Decree in Divorce divorcing Plaintiff and Defendant from the bonds of matrimony and that the terms, provisions and conditions of the parties Marital Separation Agreement dated February 9, 2004 and attached as Exhibit "E", are incorporated in the Courts Decree and Order by reference. Plaintiff also prays that this Honorable Court will not merge the parties Marital Settlement Agreement with the Decree or Order. Date: Respectfully submitted, THE~OFFICES OF'-~ Edward J. Minm~gh, Esqu~ Attorney for Plaintiff Pa. Supreme Court lI~ 87860 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033-2178 Telephone: (717) 534-2600 Fax: (717) 534-1344 Page 2 of 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATe OF PENNA. BRITTANY D. HOOD, PLAINTIFF ER US TREVO. ~. ~OOD, DEFENDANT No. 2003 - 1701 DECREE iN DIVORCE BRITTANY D. HOOD DECREED THAT TREVOR M. HOOD AND , ~.'~ ~/ , IT IS ORDERED AND , PLAINTIFF, ., DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE.