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Home My WebLink About07-6233PTOIJ DAWN M. SHUGHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 07- CIVIL TERM GARY L. HOOVER, 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 at CUMBERLAND COUNTY COURTHOUSE, 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. WAYNE F. SHADE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU Attorney at Law DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 53 welt Pomfret merelvania street Carlisle, Pennsy THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 17013 HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 - e?? A--? Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 0 DAWN M. SHUGHART, Plaintiff V. GARY L. HOOVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07- 4 a 33 CIVIL TERM IN DIVORCE COMPLAINT 1. Plaintiff in this Action in Divorce is DAWN M. SHUGHART, an adult individual who resides at 199 Crain Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is GARY L. HOOVER, an adult individual and citizen of the United States of America who resides at 6254 Stirrup Court, Harrisburg, Dauphin County, Pennsylvania 17111. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on December 1, 2006, in WAYNE F. SHADE. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Dauphin County, Pennsylvania. 5. The parties have been living separate and apart since October 18, 2007. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. 10. Defendant herein is not a member of the armed forces of the United States of WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 America. -2- 11. There were no children born of this marriage. 12. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. Wayne F. hade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- I verify that the statements made in this pleading 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. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: October 24, 2007 QA,vki -'24 Dawn M. Shughart W .,! i _;.. rn cn 10-30-'07 10;57 FROM-ROMINGER & ASSOC 7172416878 T-922 7002/002 F-271 DAWN M. SHUGHART, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA No. 07-6233 CIVIL TERM CIVIL ACTION - LAW GARY L. HOOVER, Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Dawn M. Shughart, in the above captioned case. Respectfully submitted, Rominger & Associates Date: k?o 10-7 I r KarE. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Dawn M. Shughart, in the above captioned case. Respectfully Submitted, Date: G .2 G 0) Wayne F. bade, Esquire t{ DAWN M. SHUGHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-6233 CIVIL TERM GARY L. HOOVER, : CIVIL ACTION- LAW Defendant : IN DIVORCE TO: Dawn M. Shugart c/o Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted: Date: I l (? By: MARIA P. TTI & ASSOCIATES KRI'STOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DAWN M. SHUGHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-6233 CIVIL TERM GARY L. HOOVER, : CIVIL ACTION- LAW Defendant : IN DIVORCE PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Gary L. Hoover, by and through his attorney, Kristopher T. Smull, Esquire, and files the following Preliminary Objections to the Complaint in Divorce filed by Plaintiff and in support thereof avers as follows: MOTION TO STRIKE (OR DISMISS) FOR IMPROPER VENUE PURSUANT TO 23 Pa.C.S. &3104(e) On or about October 24, 2007, Plaintiff filed a Complaint in Divorce to the above term and number. 2. Paragraph 1 of Plaintiff's Complaint in Divorce states, "Plaintiff in this Action in Divorce is DAWN M. SHUGHART, an adult individual who resides at 199 Crain Drive, Carlisle, Cumberland County, Pennsylvania 17013." 3. Paragraph 2 of Plaintiff's Complaint in Divorce states, "Defendant is GARY L. HOOVER, an adult individual and citizen of the United States of America who resides at 6254 Stirrup Court, Harrisburg, Dauphin County, Pennsylvania 17111." 4. Plaintiff does not reside at 199 Crain Drive, nor does she have any property interest in said residence. Said residence is the home of a friend with whom she was staying after vacating the marital residence on October 25, 2007. 5. Prior to vacating the marital home on October 25, 2007, Plaintiffresided in the marital home at 6254 Stirrup Court, Harrisburg, Dauphin County, Pennsylvania 17111. 6. 23 Pa.C.S. §3104(e) with regard to venue states: (e) Venue.--A proceeding for divorce or annulment may be brought in the county: (1) where the defendant resides; (2) if the defendant resides outside of this Commonwealth, where the plaintiff resides; (3) ofmatrimonial domicile, ifthe plaintiffhas continuously resided in the county; (4) prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county ofmatrimonial domicile, where either party resides; or (emphasis added) (5) after six months after the date of final separation, where either party resides. 7. Plaintiff had "resided" in Cumberland County for only a few days before filing her Complaint in Divorce and Defendant has not agreed to proceed in Cumberland County. 8. As Plaintiff had not resided in Cumberland County for six (6) months prior to her filing a Complaint in Divorce, Cumberland County is not the proper venue to proceed with the parties' divorce action. 9. Defendant seeks to have Plaintiff's Complaint in Divorce dismissed with prejudice so that the parties can proceed with a divorce in Dauphin County, the county of matrimonial domicile. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint in Divorce for improper venue. Date: I I *T By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES KRISTO'PHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Preliminary Objections by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 MARIA P. GNETTI & ASSOCIATES f Date: I (f By: KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant Z-0 DAWN M. SHUGHART, Petitioner V. GARY L. HOOVER, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6233 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Dawn M. Shughart, by and through her counsel Karl E. Rominger, Esquire, and in support of her Emergency Petition for Special Relief, avers as follows: 1. Petitioner is Dawn M. Shughart who resides at 920 Hamilton Street, Carlisle, Pennsylvania 17013. 2. Respondent is Gary L. Hoover who resides at 6254 Stirrup Court, Harrisburg, Pennsylvania 17111. 3. Petitioner and Respondent are Wife and Husband, having been married on December 1, 2006. 4. Petitioner and Respondent are co-owners of the property located at 6254 Stirrup Court, Harrisburg, Pennsylvania 17111. 5. Plaintiff and Respondent entered into an agreement. Attached as Exhibit "A". 6. Pursuant to said agreement Petitioner is responsible for the debt associated with the property at 6254 Stirrup Court, Harrisburg, Pennsylvania 17111. 7. Respondent is unwilling to co-operate with the aforementioned agreement insomuch as Respondent is not allowing Petitioner to retrieve her personal property or remove himself from the property so Petitioner can sell said real property. 8. Respondent has been living/occupying the property at 6254 Stirrup Court, Harrisburg, Pennsylvania since the signing of the aforementioned agreement and has not been paying any monies on the mortgage. 9. Petitioner is trying to sell the property so she is not burdened with the debts or expenses which accompany the property. 10. Petitioner has a potential buyer for the property located at 6254 Stirrup Court, Harrisburg, Pennsylvania 17111. 11. Petitioner has been trying to "show" the property through a realtor to potential buyers and Respondent is unwilling to co-operate. 12. Respondent has refused on every occasion to have the property viewed by potential buyers. 13. Plaintiff is now facing foreclosure as a result of Respondent not allowing the property to be viewed by potential buyers. 14. The bank has indicated it would cooperate with a short sale in lieu of foreclosure. WHEREFORE, Petitioner respectfully requests relief as follows: a. that an injunction be issued preliminarily, until a hearing, and finally thereafter, enjoining Respondent to allow the showing of the property located at 6254 Stirrup Court, Harrisburg, Pennsylvania 17111, to potential buyers; b. that your Honorable Court issue an order requiring Respondent to move his person and belongings as per the agreement aforementioned from the property at 6254 Stirrup Court, Harrisburg, Pennsylvania 17111; c. that your Honorable Court attach said items of personal property and/or realty that Respondent is allowed to remove from the property located at 6254 Stirrup Court, Harrisburg, Pennsylvania 17111; d. that all property belonging to and being the sole property of Petitioner pursuant to the aforementioned agreement be delivered to Petitioner; e. such other relief as your Honorable Court may deem appropriate; and f. award attorney's fees, costs and expenses. Respectfully Submitted, Rominger & Associates Date: February 28, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff nlo vc e . ?, - - t le,?Fect,5-., v G ll gG.??}. 34 c C' C fi - a PETITIONER'S EXHIBIT a i ?7c Z1 14-4 AW _ GG c 1JcCG ?C, /74 7LOr _ ? G la./1 ? `-t 12, , J--a L) - U o -,L-G /74pro C,, e(,- cnF?1 ?c?Tz'` 40 r -C4 i? _ d eCa` ? 0 IL f Dlr. ?? 71 ?S«1? iSI G74 C G d F?? U• `V ? y .r-? ?Yt ? l T?,?{a 1 wL C s r Izµ-,- `--(am ° be& tls- V? Xe VL^ TV II - 9, ' ) &16 T2-e-S lt&,AA rcvv? DAWN M. SHUGHART, Plaintiff V. GARY L. HOOVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6233 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Emergency Petition for Special Relief upon the following by depositing the same in the United States Mail postage pre-paid, first class, at Carlisle, Pennsylvania, addressed as follows: Kristopher T. Smull, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, Pennsylvania 17011 Respectfully Submitted, Rominger & Associates Date: February 28, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff r-z _ - ? ,- =T'S v. °T" b -? ? ^°'??3 4? + ? i FEB 2 7 2006/! DAWN M. SHUGHART, Petitioner V. GARY L. HOOVER, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6233 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this X day of 2008, upon consideration of the attached Emergency Petition for Special Relief a hearing is scheduled on the 6- day of /"-, 2008, at • '3 O o'clock 1 M. in Courtroom # 3 , at the Cumberland County Courthouse, Carlisle, Pennsylvania. Respondent is further Ordered to allow the showing of the property at 6254 Stirrup Court, Harrisburg, Pennsylvania 17111, otential buye s. J. Distribution: ? Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 ? Kristopher T. Smull, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, Pennsylvania 17011 I ?7- t Ltcc alaS/o S DAWN M. SHUGHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 07-6233 CIVIL TERM GARY L. HOOVER, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN RE: CHANGE OF VENUE ORDER OF COURT AND NOW, this 5th day of March, 2008, by agreement of the parties and it appearing to the Court that venue is appropriate in Dauphin County and not in Cumberland county, the Prothonotary of Cumberland County is directed to transfer this file to the Prothonotary of Dauphin C or further proceedings. By e Court, Edward E. Guido, J. arl E. Rominger, Esquire 1155 South Hanover Street Carlisle, PA 17013 For the Plaintiff go /ristopher T. Smull, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 For the Defendant Prothonotary :mlc VRjAjASNN3d AINnr, rn 7!?gvmJ 01 =E lad L- S 601 )Wjqsp?4Ad 40 DAWN M. SHUGHART, : IN THE COURT OF COMMON PLEAS OF Petitioner: CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 07-6233 CIVIL TERM GARY L. HOOVER, CIVIL ACTION - LAW Respondent: IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 5th day of March, 2008, the parties have agreed to abide by the agreement which has been dictated of the record and the Petition For Special Relief is thereby resolved. B the Court Edward E. Guido, J. arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 For the Petitioner ?istopher T. Smull, Esqu 210 Grandview Avenue, Sui Camp Hill, PA 17011 For the Respondent :mlc ire J 0 to 102 0? ?!A! IlN*IYllIASNN'.jd 60 *-E Nd L- HVW 8002