Loading...
HomeMy WebLinkAbout10-2819tl RANDY L. HOCKENBERRY, Plaintiff V. MARY L. HOCKENBERRY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Ip- 018lq CIVi F-Orm CIVIL ACTION - LAW IN DIVORCE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 SO UTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 -? OM & Ku ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 RANDY L. HOCKENBERRY, Plaintiff V. MARY L. HOCKENBERRY Defendant 2010 APP 27 Pik 3: 02 _iU0 I b ClJav?t,, - . .; t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Randy L. Hockenberry, who currently resides at 119 Heberhg Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Mary L. Hockenberry, who currently resides at 710 Elkwood Drive, New Cumberland, Cumberland County, Pennsylvania. 3. The 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 September 30, 2007, in Newville, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 4M1. 50 Pq ?a la3y a copy 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §§ 3301 (c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since January 17, 2010, and continue to do so. 8. 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 such counseling. 9. The parties in this action are not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from September 30, 2007 until January 17, 2010, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. DATE 4121'1 l U _ Respectfully submitted, ABOM & KUTULAKi. , L.L.P. 6kWPI,Aftmjj Michelle L. So er, Esquire Supreme Court ID #93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintff I, RANDY L. HOCKENBERRY, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. 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 kki,iffy-T. . HOCKENB AND NOW, this 27th day of April, 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Mary L. Hockenberry 710 Elkwood Drive New Cumberland, PA 17070 Respectfully submitted, Abom & Kutulakis, L.L.P. Michelle L. Sor&ner, Esquire Supreme Court ID #93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff e AOM & UTLILAKIS Michelle L. Sommer, Esquire Attorney 1. D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 RANDY L. HOCKENBERRY, Plaintiff V. MARY L. HOCKENBERRY Defendant _ Fll_E-? J 1010A R30 r? 0:L,a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-2819 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Sections 3301 (c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Mary Hockenberry, at New Cumberland, Pennsylvania, addressed as follows: Mary Hockenberry 710 Elkwood Drive New Cumberland, PA 17070 Return card acknowledging receipt on April 28, 2010 is attached as Exhibit "A". Date:41so 10 ABOM & KUTULA"S, LLP knil MA)) Michelle L. So er, Esquire Attorney I.D. No: 93034 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff f ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1`70 7D A. X B. C. Date of D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type mail ? Fxpress Mail 11 Registered ?etum Receipt for Merchandise ? Insured Mail f] C.O.D. 4. wMirr? 9dar-dw 2. Article Number (Aansferfromse?vlce/WW 7008 1830 0003 5942 5456 PS Form 3811, February 2oo4 Domestic Return Receipt 102595-02-M-1540 EXHIBIT `A" RANDY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PA V. NO.: 2010-2819 MARY L. HOCKENBERRY, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR"POINTMENT OF MASTER RANDY L. HOCKENBERRY, Plaintiff,moves the Court to appoint a MaEA thrfesp f' to the following claims: ? [x ] Divorce [x ] Distribution of Property [ ]Annulment [ ] Support . [ ]Alimony [ ] Counsel Fees — c [ ]Alimony Pendent Lite [ ] Costs and Expenses { and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant is representing herself pro se in the above captioned matter. 3. The statutory ground(s) for the divorce are: §§3301(c) & (d) 4. The action is contested with respect to the following claims: N/A 5. The action does not involve complex issues of law or fact. G. The Hearing is expected to take one (1) day. 7. Additional information,if any,relevant to the motions: N/A DATE 2 t &�Mp' &Uqw Michelle L. So r, Esquire Attorney for Plaintiff AArD NOW, 2013, ,Esquire,is appointed. Master with respect to the following claims: BY THE COURT, J. RANDY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PA V. NO.: 2010-2819 MARY L. HOCKENBERRY, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER C-4 RANDY L. HOCKENBERRY, Plaintiff, moves the Court to appoint a Ma tl es*-,£`-1 to the following claims: er S r- no c. [ om x ] Divorce [x ] Distribution of Property t " t -V CD [ ] Annulment [ ] Support �'�> °- CD C-D [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claims) for which the appointment of a Master is requested. 2. The Defendant is representing herself pro se in the above captioned matter. 3. The statutory ground(s) for the divorce are: §§3301(c) & (d) 4. The action is contested with respect to the following claims: N/A 5. The action does not involve complex issues of law or fact. 6. The Hearing is expected to take one (1) day. 7. Additional information,if any,relevant to the motions: N/A CJv DATE 412- Michelle L. So r, Esquire Attorney for Plaintiff AYV NOw, 2013, �• �¢PJ1/1 i , Esquire,is appointed 1? a er h 40.ct to the following claims: M� N d Lua- :w.C'= = BY THE COURT, LAJ r*s 1� rn`' �C o� J. RANDY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY COUNTY,PA V. NO. 10-2819 MARY L. HOCKENBERRY CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT The Plaintiff, Randy L. Hockenberry, files the following Pre-Trial Statement. LIST OF ASSETS—MARITAL AND NON-MARITAL The Plaintiff, Randy L. Hockenberry and Defendant, Mary L. Hockenberry, were married on September 30, 2007 and the parties separated on January 17, 2010. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: C-) 4' - Mco =;* mow' -Om �C_ q { J ;`) MARITAL PROPERTY (Same numbers are used here and on Inventory) No. Item Description of Property Name of All Owners Cost/Value Amount of Any No. Lien 1 1 2012 Kia Optima Randy L. Hockenberry Kelly Blue Book Value @ Paid Off & Mary L. $24,000 Hockenberry 2 2 State Em to ees Retirement Randy L. Hockenberry $123,271.37 3 3 Defendant's Retirement Account Mary L. Hockenberry Unknown 4 4 Personal Com uter Randy L. Hockenberry Unknown Paid Off 5 1 5 12001 Kawasaki Nomad Randy L. Hockenberry Paid Off Paid Off NON-MARITAL PROPERTY (Same numbers are used here and on Inventory) No. Item Description of Property Reason for Exclusion Cost/Value No. 1 6 119 Heberlig Road,Newville, Purchased before the marriage for Sold during the marriage PA 17241 $75,000 for $95,000 and the proceeds went to pay for new car for Wife 2 7 1999 Ford F-150 Randy L Hockenberry Paid Off Kelly Blue Book Value @ 1,495.00 3 8 2000 Ford Explorer Randy L. Hockenberry Paid Off Kelly Blue Book Value @ 2,770.00 MARITAL DEBTS (Same numbers are used here and on Inventory) No. Description of Names of All Names of All Debtors Amount of Debt Property Creditors 1 Home Renovation Orrstown Bank Randy L. Hockenberry Approximately Paid Off Loan $10,000.00 2 Home Renovation Orrstown Bank Randy L. Hockenberry $20,000.00 Paid Off and Miscellaneous Marital Expenses Loan 3 Teamsters Union PSECU Loan taken out Randy L. Hockenberry $4,500.00 PSECU Loan balance paid Credit Card to pay off balance off in November 2012 by Plaintiff. EXPERT WITNESSES: None at this time. Plaintiff reserves the right to call expert witnesses,if necessary. OTHER WITNESSES Randy L. Hockenberry,Plaintiff Mary L. Hockenberry, Defendant, as on cross. Plaintiff reserves the right to call additional witnesses, if necessary. EXHIBITS: Exhibit A—Kelly Blue Book Appraisal for 2012 Kia Optima Exhibit B—Kelly Blue Book Appraisal for 1999 Ford F-150 Exhibit C—Kelly Blue Book Appraisal for 2000 Ford Explorer Exhibit D—State Employee Retirement Statement Exhibit E—Settlement Statement for 119 Heberhg Road, Newville,PA 17241 PLAINTIFF'S GROSS INCOME: See attached pay stub for the Plaintiff, Exhibit F. See attached W-2 for 2012 for the Plaintiff, Exhibit G. PERSONAL PROPERTY: The parties mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them. MARITAL DEBTS: See attached Inventory and Expense Statement for Plaintiff, Exhibit H. PROPOSED RESOLUTION OF ECONOMIC ISSUES: Plaintiffs proposed resolution based upon the debts that are owed and the assets the parties have between the date of marriage and the date the parties separated,January 17, 2010: Defendant would be entitled to keep the 2012 Kia Optima currently valued at approximately $24,000.00 if she agrees to pay Husband $12,000.00 which represents half of the money Plaintiff paid for the Kia. Further, Defendant would be entitled to keep all of her retirement, if in fact she has one at this time. Additionally, during the marriage, $34,500.00 in loans were taken out for a variety of reasons including to remodel the house, to purchase the Honda (which was subsequently used as a trade-in for Defendant's Kia), to purchase the Comet, and to pay taxes and miscellaneous marital expenses. Defendant would be responsible to pay Plaintiff$17,250.00 which represents half of the martial debt. Respectfully submitted, ABOM&KUTULA"s,L.L.P DATE U X29 3 " Michelle L. Somme/r, Esquire Supreme Court ID # 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff 2012 Kia Optima SX Sedan 4D Trade In Values -Kelley Blue Book Page 1 of 4 home car values cars for sale car reviews kbb top L/4i1J �l (` ''9900 i [niter ni nl ZIP Code:C ,.r I The Narne Your Price�'Too9. Only from Progressive advertisement Kia Home > Car Values > Kia > Optima > 2012 > Style > Options > SX Sedan 4D Your Blue Boob Value Show Used Car Prices Price Your Next Car 2012 Kia Optima ARV style:!SX Sedan 4D j edit options Ichange style I Mileage:,150 00 change Like I this car i Trade-In Value Private Party Value when trading in at a dealership when selling the car yourself Print Re ort Excellent advertisen $24,117 Shop for your next car price a new car I Very Good $23,417 ! Nei Good Instant Trade-In Offer get the offer $22,717 Fair $20,717 Own it? Love it? Tell Us. write a review + Verify Condition i Recently vi EXHIBIT e http://www.kbb.com/kia/optima/2012-kia-optima/sx-sedan-4d/?pricetype=private-party 2012 Kia Optima SX Sedan 4D Trade In Values-Kelley Blue Book Page 2 of 4 Values valid until Be the first to know ; 03/28/2013 follow this car (updated weekly) when values change , Helpful Resources from KBB.com Apply for Financing Check Specs Sell Your Current Car Lock in your loan,then Know your car Place an ad shop for your next car. inside and out. Cars for Sale Get a Used Car Report tadvertisen near Carlisle 0-172-K-Kier-eptima Get the--Information You-Need-on This 2012 Kia Before You Buy 114 for Sale Near You V1ew Tr', Enter VIN(optional) go - �� Below Blue Book Value* view No VIN? No Problem! Buy an UNLIMITED up to report today and run VINs as you research. *Based on the Suggested Retail Value Excellent H i1 condition and the base vehicle configuration. �j Aut Before You Take The Kegs, Check The Credit Score. advertisen Get Your Score With enrollment iin x,� � • - advertisement why ads? 3 Easy Ways to Sell Your Car Fast Recently Viewed , rs I My http://www.kbb.com/kia/optima/2012-kia-optima/sx-sedan-4d/?pricetype=private-party&v... 3/28/2013 2012 Kia Optima SX Sedan 4D Trade In Values -Kelley Blue Book Page 3 of 4 List It for Sale Online place your ad Reach millions of shoppers on kbb.com and AutoTrader.com. Get a Free Trade-In Offer get instant offer Local dealers are ready to buy your car. Use Seller's Toolkit get toolkit Share to Facebook, Craigslist and more. Seller's Resources I want to list my car for sale Place an ad on AutoTrader.com What if my credit's not perfect? Apply with a specialist now How much can I afford? Use our monthly payment calculator Check a car's history before Know your credit score Apply for an instant auto you buy i before you buy I* loan starting at 1.99% Recently Viewed Cars I My http://www.kbb.com/kia/optima/2012-kia-optima/sx-sedan-4d/?pricetype=private-party&v... 3/28/2013 2012 Kia Optima SX Sedan 4D Trade In Values - Kelley Blue Book Page 4 of 4 M Se 2013 Honda Fit 2014 Honda Accord MPG: City 132 j Hwy 105 MPG: City 124/ Hwy 105 Engine: AC Electric Motor Engine: 4-Cyl, Hybrid, i- Consumer Rating: 8.9 VTEC, 2.0 L Consumer Rating: N/A view this car view this car Read Expert Review Read Expert Review compare these vehicles or build your own compare set Search Find car values or features Popular Topics Car Reviews&Hews Help Company Best Cars Car Reviews FAQ About Us Car Classifieds Car Videos Site Map Contact Us Best Resale Value Awards 2013 NY Auto Show Find a New Car Careers 5-Year Cost-to-Own Center Car News What's My Car Worth Corporate Informal 6M New Cars for 2014 Car Infographics KBB Mobile Follow KBB Facebook Twitter Google+ YouTube LinkedIn RSS Mobile A © 1995-2013 Kelley Blue Book Co.0,Inc.All rights reserved. Copyright&Trademarks I Terms of Service Have comments about our Blue Book Values?Give us your feedbac ©2013 Kelley Blue Book Co.,Inc.All rights reserved. 3/22/2013-3/28/2013 Edition for Pennsylvania 17013. The specific information require was supplied by the person generating this report. Vehicle valuations are opinions and may vary from vehicle to vehicle.Actual valuations wii vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This generating this report only and shall not be sold or transmitted to another party. Kelley Blue Book assumes no responsibility for errors or om Recently Viewed Cars I My http://www.kbb.com/kia/optima/2012-kia-optima/sx-sedan-4d/?pricetype=private-party&v... 3/28/2013 1999 Ford F150 Regular Cab Long Bed Trade In Values -Kelley Blue Book Page 1 of 3 ZIP CODE:17013 1 Sign in(or Sign up) home car values cars for sale car reviews kbb top picks I research tools T� Popular at KBB.com The 40 mpg Cars of 2013 advertsement why ads? Ford D F150 Regular Cab l:J 1999 U 'Go Home>Car Values>Ford> F150 Regular Cab> 1999>Style>Options> Long Bed Your Blue Book°Value Show Used Car Prices I Price Your Next Car 1999 Ford F150 Regular Cab Style:I Long Bed FinalAMYS edit options I check specs Mileage: 165000 ' Change Like 011 car CHALLEAfGE Trade-In Value Private Party Value T7�� when trading in at a dealership when selling the car yourself ti/Print Report 6e Pvr6rr Excellent advertisement why ads? $1,495 Shop for your next car Price a new car Very Good Compare Similar Vehicles y T $1,320 Get the TRUSTED Vehicle Histom Good Instant Trade-In Offer Get the offer Make the Right Selection Ar` $1,220 Fair _ _ ... —------ •- $723 Own it? Love it?Tell Us. Write a review Verify Condition Track this cars values Values valid until Sell your current car Place an ad 06/06/2013 advertisement why ads? (updated weekly) . Helpful Resources from KBB.com New Cars You Might Like Apply for Financing Get Selling Advice Check Local Prices Lock in your loan,then See the pros and cons See what people near you shop for your next car. of different ways to sell., are asking for their cars. 2013 Ford F150 Regular �'�—• Cab �— View Search Cars for Sale Get a Used Car Report near Carlisle 2013 GMC Sierra 1500 Regular Cab Get the Information You Need on This ' � Ford v F150 � 1999 Ford Before You Buy View Search God 2013 Chevrolet Silverado 1500... _ - r o Pro em. uy an UffLi'Mff€r_'3NC=LAP___ report today and run VINs as y(;lirPe4�r�lgwed Cars I My Saved Cars Save car EXHIBIT 0 D http://www.kbb.com/ford/fl50-regular-cab/1999-ford-fl50-regular-cab/long-bed/?price _ 2000 Ford Explorer Sport Utility 4D Trade In Values - Kelley Blue Book Page 1 of 3 ' ZIP CODE:17013 l Sign in(or Sign up) home i car values i cars for sale , car reviews kbb top picks research toots Popular at KBB.com The 40 mpg Cars of 2013 advtrti5emeat why ads? Ford IV Explorer E) 2000 O Go Home>Car Values>Ford>Explorer>2000>Style>Options>Sport Utility 4D Your Blue Book°Value Show Used Car Prices I Price Your Next Car ., 2000 Ford Explorer t— Style:FSport Utility 4D edit options j check specs Mileage: 211000 Change this car CAULLEIVGE Trade-In Value Private Party Value f�S when trading in at a dealership when selling the car yourself taW Print Report C."Or Excellent $2,770 Shop for your next car Price a new car ad� nt why ads? Very Good +- $2,545 Good Instant Trade-In Offer Get the offer , $2,445 41 Fair i $1,920 Own it? Love it?Tell Us. write a review t Verify Condition Track this cars . values Values valid until Sell your current car place an ad 1 05106/2013 advertsenvnt why ads? (updated weekly) Helpful Resources from KBB.com New Cars You Might Like Apply for Financing Get Setting Advice Check Locat Prices Lock in your loan,then See the pros and cons See what people near you shop for your next car, of different ways to sell. are asking for their cars. 2014 Ford Explorer i View Cars for Sale Get a Used Car Report near Carlisle 2014 Font Flex 2000 Ford Explorer Get the Information You Need on This 2000 Ford Before You Buy View for Sate Near You View Go 2014 Lincoln MKT -WWI _ns'�' IT __ . _.___,,,.. _..._ ev3'�--tJoGYt�?' a obeN�NC1t41fE6"�"""`i°,��,��r,�t �y report today and run VINs as you reA tly Viewed Ca* � ed Cars Save car EXHIBIT http://www.kbb.com/ford/explorer/2000-ford-explorer/sport-utility-4d/?pricetype=private COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM SE HARRISBURG REGIONAL COUNSELING CENTER R_ 30 NORTH THIRD STREET,ROOM 319 S HARRISBURG,PA 17101 TELEPHONE:(717)783-9065 FAX:(717)783-9599 TOLLFREE: 1-800-633-5461 www.sers.state.pams January 31,2013 RANDY HOCKENBERRY PERSONAL AND CONFIDENTIAL 30 LAY ROAD NEWVILLE PA 17241 SSN: XXX-XX-2108 Dear Mr.Hockenberry: Responding to your inquiry regarding the value of your retirement account with the State Employees'Retirement System, I provide you with the following summary of member contributions and interest: As of 913012007,you were not vested. Your contributions and interest totaled$8,306.55 with 4.4231 years of service. Value of Account as of January 16,2010: Total Contributions and Interest $14,904.52 Present Value $62,481.4_7 FinalAvera...e Sala..... -._......�..........................._............---......_.__-......_..._._..........—- —.........._.._....__........_.__........................._..._........._.........$37,029.21.... ............................._......_..9...._.........._ry_._...._.....---..........---........................_............_........_._._..._—...--........._._...—........._._.........._-_...__........._................_.....................___....__. Maximum Single Life Annuity _ $308.96 ..._ ......................._...._...._............-- ---._.........__....--- —_...._ _......._..........................._.._... Years of Credited Service 6.5038 rs Value of Account as of January 30,201 t: Total Contributions and Interest $22,128.06 _. -...........---................_.......__............- .......-— -............—..........._..........._.......... ...........__......__.........__.......__..............__......---.._....._.....--.........._...__........._._.__._.........._..__. Present Value $105,980.38 ........Final Average Salary .............__....._..............._......_.__........__.......__................_......__........_.....__............__......__44,250.45 . __............__...---....9......_..........._.._�....................---..-_............_.._.......................—......._._............__..........._.............---..........................._..........._................_...........---.._.._.............__...._..__._.... Maximum Single Life Annuity _ _ $543.20 Year so f Credited Service 8.5220 yrs Value ofAccount as of December 8 2012: Total Contributions and Interest $25,308.24 Present Value $123,271.37 Final Average Salary $44,975.80 Maximum Single Life Annuity $642.05 Years of Credited Service 9.4308 yrs Since you have indicated this information is needed for divorce purposes, enclosed you will find information regarding your retirement account which is intended for your attomey's use and should be taken to him/her. Please do not direct questions regarding these enclosures to me: I am not an attorney. Your attorney may direct his/her questions to our legal department at 717-783-7317 1 trust this information is sufficient for your needs. It is your responsibility to promptly provide all of this information to your attomey, Sincerely, ane KuklishgX 3 �,Q J Regional Manager r Enclosures:divinf.mem;sample DRO;SERS-157 EXHIBIT cc: SERS Region active files $ Scanned-DRO correspondence/historical e OMB Approval No.2502-0265 A. Settlement Statement (HUD-1) Mul MR . fir." I.F7FHA 2.F_jRHS 3.[X-]Conv.Unins. 6. File Number 7. Loan Number 8. Mortgage Insurance Case Number 4. VA 5. Conv.Ins. 2012-0926 470112-01-000 1 C.NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked"(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals, D.NAME OF BORROWER: Eldon J.Weaver ADDRESS OF BORROWER: 201 Bullshead Rd.,Newville,PA. 17241 E.NAME OF SELLER: Randy L.Hockenberry ADDRESS OF SELLER: J.1 9�erberlig Rd.,N�,wvi e,fA. 17241 F.NAME OF LENDER: gC oice Farm Credit,A or itself and/or as Agent(Nominee for, AgChoice Farm Credit FLCA ADDRESS OF LENDER: 900 Be Teekj3lvd.,Mechanicsburg,PA. 17050. G.PROPERTY 119 Hegier2g Rd LOCATION: Newville,PA 17241 H.SETTLEMENT AGENT- AP-Choice Farm Credit ACA d/b/a FC Settlement Services PH#C24)776-3944 80'0 Cranberry Woods Drive,Suite 14.0,Cranberry Township,:PA 16066 PLA b OF SETTLEPYIENT. 800 Cranberry Woods Dri-;ke,Suite 140-Cranberry Tovirahip,FA-16066 SFITILMENT DAIL 110 Settlement Agent Tax ID#:'23-2983299 Rtimmary nf Rrirrniver';.Trantaction Flz.surnmniry nf qellexlq Tr n 100.Gross Am6imtDuifr6M-Boii oiWr 400.Gigii Aidolmi Due-to-Seller I ct sa price 95,00100 4 e ce 95,000,00 102:Personal j2roppM 402.P rsonal proMM 103.Settlement char es to borrower(line 1400) 3.887.50 403. 104.Sto fe, gChoice Farm Credit 1,000.00 404. 105. 4,05. Adjustments for items paid by seller in advance Adjustments for items 2aid by seller in advance 106,Citv/town taxes to 406.Cijy Ltown taxes . to 107.County im-es 11/20/2012 to 12/3),I= 24.56 407.County taxes 11/20/2012 to 12/31/2012 24-56 108.Assessments to 408.Assessments to 109.School Tax 11/20!2012 to 06/30/2013 72636 409.qn1inn]Thy 11/20/2012 to 06/3012013 72636 110. to - 410. to 111. to 411. to 112. to 412. to 120.Gross Amount Due from Borrower 100,638.42 420.Gross Amount Due To Seller 95,750.92 200:Amounts Paid by or iii U&WV(Boiiivei '50O.Reductions In Aibimit nets-Selki- 201.Delmsit or earnest Lngney 500.00 5Q1,Excgss de sit 202.Erin 76.00 -Iler(line 14 00) 4315_16 L ciqa.Lm� 203,.Existing loan(s)taken subject to 503.Existing loan(s)taken subject to 204. 504.Pa off of first mortPage loan 26,761.71 Orrstown Bank 205, 505.Pa off of second mortggge loan 1&966.48 0 nwn Rnnk 206, 1 506.. V 207. 1 507. 208. 1 508.. 209. 509. 12O9a 509a 509b 929--ents For items unpazo by sc;IFF 210.City/town taxes to 510.C' /town es t 211.Counjy taxes to 511.Coot. y taxes to 212.Assessments to 512.Assessments to 213.qrbnnl Thy to 513.Srhrinj Thy to 214. to 514. to 215. to 515. to 216. to 516. to 217. to 517. to 218. t 518. to 219. to 519. to 220.Total Amounts Paid 32-0.-Total Reductions in - --byorin Behalf'of Borrower Amount Amount Due Seller 50,043.35 7 774 300: ash it Settlem6tfiviihn: w 600.'Cish­At-Cash 20) 1 .6 38,42 60 1.Uross amount due to se 95J5Q.92 36MO-ssamount ue trom borrower ii'-;*;-1'--" 7r 302.Less amounts paid by/for borrower(line 220) 76.500.00 602.Less reductions in amount due seller(line 520 50.043.35 303.Cash [j]From [Dfo Borrower 24,138.42 603.Cash [j]To [:]From Seiler 445,707.57 _j EXHIBIT Previous e2itions are obsolete Page I of 3 V2009 Display Systems,Inc.(863)70J- ase U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 700, Tou I Real Fstate Broker Fees 2,125.00 'Paid From' Paid From Borrower's Seller's 1 0 to Prudential 14ornesale Service Funds At Funds At 702, to ettle- e t sittlemik 703, Commission paid at Settlement L900.00 704, Flat fee to Prudential Homesale Service 225.00 Items Payable In Connection With Loan - - - $ 850.00 from GFE#1 Your ere it or charge ints for the specific interest rate chosen $ from GFE#2 Your adjusted origination charges from GFE#A 104 A rmsal fee to Patrick Mr.Qjrth)z from GFE#3 450.00 from GFE#3 806 TaX Reryfee to om from GFE#3 Rog to 809 to Ri to tems a uire Lender Fo Be Paid In Advance Daily interest charges from a) v( om Gf'E#10 902, Mortga C1ns_>'*anSPPre om UrE 903, Homeownees Insur cc for yeam to (from GFE#11) 905- yearn to Reserves,Deposited it . en er 1001- 1 0 ' from GFE#9 e $ xl� mnnthqnn ;ipr mnnth $ 1005- Armu al rise 1008. $ 100 . ALYP-reeate Adiustment tt a Charees Tide services and lender's title insurance from GFE 94 1,156.00 1102. settlern $ I - rom 104.50 1104. Lender's title in-ilranne. 40018 111001100/1090 End&CRI $ 1,093.00 1105, Lender's title polipy limit S 76 000.00 e 95 000.00 Agent's ortion o c the total title insurance premium S 954.12 1108. Underwriter's portion of the total title insurance Rremium $ 243.38 1109. to 1110. Deed Prep to Homesale Sentlement Services 115.00 1111: to 6.00 1112. to 1113. to 1200, GovernmMVIRecordina and Transfer Cha es 1201. Government recording charges from GFE#7 1202. 1203. gWM��Traztsfer es om GFE#8 950.00 950.00 1204. 205. _ _ 1206. to 0 -Additional Settlement'Cha es 30 from GFE#6 1302. $ 1303. $ 1304.2012 Sch #44-44000430 to Township oflipper Tqy 17nil 1,344.16 1305. to 1306. to 11307, 0$ - t 1-1309. to 11 • 1 "lin • 3,887.50 4,315.16 CERTIFICATION DATE: ]j[/20/2012 1 have carefully reviewed the HUD-1 Settlement Statement and to the best o my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Borrower Seller Eldon J.Weaver Randy L.Hockenberry Borrower Seller The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction.I have caused the funds to be disbursed in accord- ance with this statement. AgChoice Farm Credit,ACA d/b/a FC Settlement Services SettlementAgent 11/20/2012 Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment.For details see:Title 18 U.S.Code Section 1001 and Section 1010. Page 2 of 3 2012-0926 Com arison of Good Faith Estimate(GFE)and HUD-1 Charges Good Faith Estimate HUD-1 Charges That Cannot Increase HUD-1 Line Number Our origination charge #801 865.00 850.00 Your credit or charge(points)for the specific interest rate chosen #802 Your adjusted origination charges #803 865.00 850.00 Transfer taxes #1203 950.00 950.00 Charges That in Total Cannot Increase More Than 10% Good Faith Estimate HUD-1 Government recording charges #1201 200.00 134.00 Title services and lender's title insurance #1101 1,494.80 1,156.00 Owner's title insurance #1103 200.00 104.50 Appraisal fee #804 500.00 450.00 Flood certification ##807 18.00 18.00 Total 2,412.80_ 1,862.5 Increase • 1 Es (550.30) or -22.8075 01, Charges That Can Change Good Faith Estimate HUD-1 Initial deposit for your escrow account #1001 Daily interest charges #901 $ /day 287.34 Homeowner's insurance #903 1,000.00 Loan Terms Your Initial loan amount is $ 76 000.00 Your Loan term is 9,00 years Your initial interest rate is 4.60 % Your initial monthly amount owed for principal,interest,and $ 586.08 includes any mortgage insurance is �]Principal Interest ❑ Mortgage Insurance Can your interest rate rise? &]No. ❑Yes,it can rise to a maximum of %.The first change will be on and car.change again every after .Every change date,your interest rate can increase or decrease by %.Over the life of the loan,your interest rate is guaranteed to never be lower than %or higher than %. Even if you make payments on time,can your loan balance rise? ZNo. ❑Yes,it can rise to a maximum of$ Even if you make payments on time,can your monthly 5]No. ❑Yes,the first increase can be on and the monthly amount amount owed for principal,interest,and mortgage insurance rise? owed can rise to$ The maximum it can ever rise to is$ Does your loan have a prepayment penalty? ENo. ❑Yes,your maximum prepayment penalty is$ Does your loan have a balloon payment? ❑No. 5{ Yes,you have a balloon payment of$ 37,399.96 due in 9.00 years on 12/01/2021 Total monthly amount owed including escrow account payments 5]You do not have a monthly escrow payment for items,such as property taxes and homeowner's insurance.You must pay these items directly yourself. ❑You have an additional monthly escrow payment of$ that results in a total initial monthly amount owed of$ This includes principal,interest,any mortgage insurance and any items checked below: ❑Property taxes ❑Homeowner's insurance ❑Flood insurance ❑ Note:If you have any questions about the Settlement Charges and Loan Terms listed on this form,please contact your lender. File:2012-0926 Previous editions are obsolete Page 3 of 3 02009 Display Systems,Inc.(863)763-5555-Laser Generated HUD-1 M 00 Section W6 kd6v" BUYER: SETTLEMENT DATE:11/20/12 Eldon J.Weaver SELLER: FILE NUMBER:2012-0926 Randy L.Hockenberry PROPERTY ADDRESS: 119 Heber]ig Rd Newville,PA 17241 1100.Title Cba es —... Buyer Seller 1101.Title services and lender's title insurance 1,156.00 a.Wire fee FC Settlement Service's $ 9.00 b.Courier fees FC Settlement Services $ 54.00 Total 1101 Additional Items $ 63.00 1102.Settlement or closine fee Total 1102 Breakout $ 0.00 1103.Owners title insurance 104.50 i 104.Lender's title insurance 400/8.1/100/300/1020 End&CPL $ 1,093.00►--. 1109. $ 1110.Deed Pre Homesale Settlement Services $ 115.00 1 111.Tax Certs FC Settlement Services $ 6.00 1112. $ 1113. $ TOTAL 1,260.501 121.00 Eldon J.Weaver 'IV Randy L.y3ockenberry k_0MM011WCd1Ln vI rennsywanla 004925 EMPLOYEE PAY STATEMENT Personnel No. 00533579 Transportation Period Ending 05/17/2013 Pay Date 05/31/2013 Randy L Hockenberry Organizational Unit Name: TR Cumberland Co CDC Code: 0008888 30 Lay Road WU: J1 Group: 04 Level: 13 Newvllle,PA 17241 FWT Marital Status: S No.Exemptions/Allowances: 00 GROSS EARNINGS YEAR TO DATE 19,638.86 EARNINGS HOURS RATE AMOUNI NET PAY THIS PAY Normal working hours 75.00 19.87 1,490.2: ORRSTOWN BANK 956.05 PENNSYLVANIA STATE EMPLOYEES CU 20.00 TOTAL NET 976.05 DEDUCTIONS THIS PAY YTD Federal Withholding Tax 1 3.36 2,013.37 TX EE Social Security Tax 91.01 1,202.60' TX EE Medicare Tax 21.28 281.25 State Withholding-Pennsylvania 45.06 595.48 Local Wage Tax-Upper Mifflin Township 24.22 320.03 TX EE Unemployment Tax 1.05 13.75 Local Sery Tax-South Middleton Township 0.38 4.18 AFSCME-13 Union Dues 22.35 242.09 State Emp Rat 93.14 1,227.43 EE PreTx M/H Pct 22.35 242.09 Deferred Compensation 20.00 220.00 TOTAL DEDUCTIONS 514.20 6,362.27 REIMBURSEMENTS THIS PAY YTD TOTAL EARNINGS 1,490.2= TOTAL REIMBURSEMENTS --- --- - SERVI CE CREDIT 10 YR 09 PP EMPLOYER PAID BENEFITS THIS PAY. -- SENIORITY INFORMATION TX ER Social Security Tax 91.01 Bargaining Unit Days:AFSCME AGREEMENT 2676.00 TX ER Medicare Tax 21.28 ER Basic Life 4.27 State Emp Ret 156.63 _- Annuitant Med Hospital 265.00 AL35ENCE ACTIVITY -_ ANNUAL SICK_ PERSON, ER Workers Comp Benefit 39.49 Quota Last Stmnt 239.59 238.38 15.01 PR Keystone HP CentralHMO 390.00 Accrual This PP 4.33 3.18 0.01 Absence Reported This PP 0.00 0.00 0.01 Adjustment 0.00 0.00 0.01 �o Quota This Stmnt - 243.92 241.56 15.0( o TOTAL BENEFITS 967.68 ACCRUAL RATE:ANNUAL 5.77%SICK 4.24 FWT Taxable Gross: 1,354.76 w -------- EXHIBIT �Q A d Control number 1 Wages,tips,other compensation 2 Federal income tax withheld 00533579 40566.47 3999.96 OMB NO 1545-0006 3 Social security wages 4 Social security tax withheld This Information Is being 43863.29 1842.26 furnished to the, S Medicare wages and tips 6 Medicare tax withheld Internal Revenue service. 4386129 636.02 c Employer's name,address and ZIP code COPA Exec Off—Bur of Comm Pay Op P.O.Box 8006 Harrisburg PA 17105-8006 7 Social security tips 8 Allocated lips 9 Advance EIC payment 10 Dependent care benefits 11 Nonqualified plans 12a See instructions for box 12 ``DD 15603.38 c 12b 12c 12d b Empfoyerr Identification number(EIN) Fa Employee's social security number 23-2172299 1 - 179-52-2108 !13 Statutory Retirem6t lnl-,Party 14 Other employee plan pay OPT-LST 10.00 'a Employee's name,address and ZIP.code Randy L Hockenberry X Lay Road Newvi116 PA 17241 '5 State Employees state ID No. 16 state wages,tips,etc. _ 5 s 2.0 1 2r PA l 13567078 ———43863.29 ——————- ——— ————7 W2"96 and Tax 17 State income tax 18 Local wages.tips.etc. ,. Statement 1346.58 — 43863.29 - ——— ---——— Copy B-To,Be Filed -————— — — With Employee's 19 Local income tax 20 Locality name FEIDtRAL Tax Retuim, - 723.75 22 ———---————- Ubbkr 40 M X In the Court of Common Pleas of County, Pennsylvania Phone: Fax: Docket Number: Plaintiff vs. ) PACSES Case Number: Defendant ) Other State ID Number: Please note:All correspondence must include the PACSES Case Number. Income Statement THIS FORM MUST BE FILLED OUT AND YOU MUST PROVIDE DOCUMENTS TO SUPPORT ALL AMOUNTS PROVIDED IN THIS INCOME STATEMENT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears below.) INCOME STATEMENT OF (Nam ) (PACSES Number) I verify that the statements made in this Income Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: a.;?,—/-3 L lainti r Defendant INCOME Employer: hL .. dT _ �L .BLS fi Address: Lt. 4J3ti-�v Type of Work: Payroll Number: Pay Period (weekly iWeekly etc): Gross Pay per Pay Period $ Itemized Payroll Deductions: Federal Withholding $ ,30 "'✓{o FICA /' 0/ Local Wage Tax , State Income Tax Mandatory Retirement Union Dues Health Insurance Other(specify) -C, 20, ora . Net Pay per Pay Period: $ '5-4. Form IN-008 EXHIBIT Service Type worker ID D D Income Statement(Continued) PACSES Case Number: Other Income: / 04x Week Month Year (Fill in Appropriate Column) Interest $ $ $ Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other TOTAL INCOME $ PROPERTY OWNED Ownership" Descri_ptiti.on Value H W J Checking accounts QhhS/ot�j, 1e $. /r2���4 ✓ Savings accounts Credit Union Stocks/bonds Real Estate Other Total $ / 3� esev INSURANCE Coverage' Company Policy No. H W C Hospital Blue Cross Other 9 Medical Blue Shield Other - 0W- ✓ Health/Accident Disability Income Dental 0&c. Other "H=Husband; W=Wife; J=Joint; C=Child Form IN-008 Service Type Page 2 of 3 Worker ID Income Statement(Continued) PACSES Case Number: SUPPLEMENTAL INCOME STATEMENT (You only need to complete the below portion if you are self- employed or if you are salaried by a business of which you are owner in whole or in part) (a)This form is to be filled out by a person (check one): O (1)who operates a business or practices'a profession, or O (2)who is a member of a partnership or joint venture, or O (3)who is a shareholder in and is salaried by a closed corporation or similar entity. (b)Attach to this statement a copy of the following documents relating to the partnership,joint venture, business, profession, corporation or similar entity: (1)the most recent Federal Income Tax Return, and (2)the most recent Profit and Loss Statement. (c)Name of business: Address and telephone number: (d) Nature of business (check one) O (1)partnership O (2)joint venture O (3)profession O (4)closed corporation O (5)other (e) Name of accountant, controller or other person in charge of financial records: (f)Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specific deductions, if any: Form IN-008 Service Type Page 3 of 3 Worker ID In the Court of Common Pleas of County, Pennsylvania Phone: Fax: Docket Number: Plaintiff ) vs. PACSES Case Number: Defendant ) Other State ID Number: Please note:All correspondence must include the PALSIES Case Number. Guidelines Expense Statement EXPENSE STATEMENT OF (N me) (Pacses Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: Plaintiff efendant Instructions: Guidelines Expense Statement-This form should only be complet d when: 1)You are requesting an adjustment to the amount of support pursuant to Rule 1910.16-5 because of unusual needs and unusual fixed obligations, other support obligations, medical expenses not covered by insurance, or any other relevant factors, or 2)You are requesting that the other party share in the following expenses pursuant to Rule 1910.16-6: child care expenses, health insurance premiums, unreimbursed medical expenses, private school tuition, summer camp, or other needs, or mortgage payment. You must provide documents to support all amounts provided in this Expense Statement WeeKly Monthly Yearly (Fill in Appropriate Column) Mortgage (including real estate taxes and ho ner's insurance)o ent $ $ �Op. $ Health Insurance Premiums ��0V Unreimbursed Medical Expenses: Doctor S'O, Dentist ?� Orthodontist Hospital 2 Medicine X00 Special Needs (glasses, o� braces, orthopedic > 0 r devices, therapy) Form IN-008 Service Type Worker ID � C Guidelines Expense Statement(Continued) PACSES Case Number: Weekly Monthly Yearly Child Care Private School Parochial school Loans/Debts Support of Other Dependents: Other child support Alimony payments Ft l 44, ,'L 9,02( -, f 7!!:]$ $ Form IN-008 Service Type Page 2 of 2 Worker ID 1 CERTIFICATE OF SERVICE AND NOW, this 28TH day of June, 2013, I, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Pre-Trial Statement by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Mary Hockenberry 301 Main Street Apartment A-4 Wellsville, PA 17365 Pro Se Defendant E. Robert Elicker Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Cumberland County Divorce Master Respectfully submitted, ABOM&KUTULA"S,L.L.P DATE I!e) (/'i,- Michelle L. Som er, Esquire Supreme Court ID: 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint f s Randy Hockenberry Docket No- 0/0 -3 rn V �_ r � f-- ., MaryHockenberry CO CAD c7 � .,,.I Cj.' As set before you this day would like to give my statement of information on the issues for 4h rc hearing before this Court Master. Randy and I were marred, as you know, September 30, 2007, and lived together for 2 years and 4 months before we fast separated....After several attempts and warnings to ask him to stop doing the things that put me in danger both bodily and emotionally to no a vail, Ileft the resident we were both were living in to make sure I had a safe place without worry ofhim hurting me anymore........ I didn't want to call the police because he works for Penn Dot and he could lose his job and also go to jail... Randy filed for divorce almost immediately when he knew I wasn't coming back unless we got counseling..... In the time we were separated I was in constantpray because I didn't know what to do about signing the divorce papers... I wanted to be open to working things out with him because I'm not a quitter..... I took the divorce papers to a lawyer but, Ineeded to have a deposit with them before they would handle my case....After borrowing and taking some of the money I had!n my bank account Igot a lawyer... We filed for spousal support and Igot it and most of that money went to the lawyer and an apartment... I realized that we weren'tgetting back together real soon so Irented a place so I didn'thave to live with my daughter and family and crowed them out....Mean while,Randy's attitude didn'tget any better. He was very very mad at me and his lawyer because Igot support from him.... I was hoping he would get the message that the dentin his pocketbook would gethis attention and maybe try to get some help with the reason we were having problems.....and we could work towards getting back together and then the support could be stopped...I made up mymind that he was nevergoing to treat me like he did ever again.... Eighteen months went by and he came to visit a couple of times to mynew apartment but we would end up fighting because he was so mad that I would not sign the papers.....among other things... At the same time God was working m my heart to forgive him and not be mad at what he did to me....His family was no help either... They didn't like me and contributed to our demise..... Randy was always worried to be seen with me in public because he didn't wanthis family to find outhe was seeulgme again... It was very hurtful to even image that was an issue between us.... One day Randy showed up at my apartment and asked for forgiveness for treatingme so bad and promised to not do it again....We started going to church again and even renewed our vow's with the Pastor in front of the whole church....We counseled with the Pastor and he adv, we move back in together and we did...but, it was a week and a half later and we got 'into a fight again and he ended up throwingme on the Moor and chocking me again... I can tell you I was not afraid ofhim but I knew when he got mad I knew it would be bad for me.....In the middle of that fight o ur pa s torjus th app en e d to call us and I told him that Randy and I were fight again and that he threw me on the floor and starting to chock me and was so mad he couldn'tstop untillstartingyellmgforhnn to stop.....thatdaylknewlmightbe dead somedayifl didn't watch what I said to him....That day I felt it was a turning point forme and decided to act dead to my feelings about anything I feltfor him because Ijusthad moved back in and he promised not to do whathe just did to me ever agai a.....I need to say I never recovered from that day and things got really bad and I ended up leaving December 8 2012(MyBirthday) when we had a fight because I felt he was treating me so bad and told me I was a bitch and he canceled our new house we were buying together.....Randy again went to his lawyer and filed new divorce papers and I refused to sign because I wanted to do everything I could to work at this marriage.. I worked and worked to try to make things work but Randy wasn't willing to make the changes needed to make ourmarni ge a success..... So here we are at this pointin ourmarnage.He has made the decision to quit and nowhe wants to divide the assets and get divorce and move on....He offered to give me the car in return for the divorce but I prayed and I felt that I was not to sign the papers because I didn't want the divorce rn the fast place... I guess he felt like it wasn't worth it to stay.... I tried everything I could to make him happy but I felt like it didn't fulfill his expectations and like he was never satisfied...Ilived with frustration to communicate on a daily bases... I wish Randy had made more of an effort to work at the marriage. He would say the right things but would never follow up on his promises....Not all of the marriage was bad only the fights we had were very damaging to my body and emotions..... I wanted to also say that when we separated Ibis last time, Randy took all the material assets with him because I couldn'tget the house until the weekend and he started moving stuff out along with the stuff we bought together.....We agreed that I would get the Kra Optima since I paid the payment on it ever since we boughtit... till we paid it off with the profit from the sale of the home at 119 HeberligRoad,Newville,PA. I want to keep the car since it's the only vehicle I have and Randy-has 5 others. I reallyneed what's fair and just to me since he has all the Cash from the sale of the house and can afford to pay a lawyer and I don't to re-coop what I've lost due to this divorce proceeding..... But now Randy wants me to sell it so he can re-coop some of the losses he says he lost because ofpaying off the debts we owed on the money he borrowed on the house...Randyhad the mortgage of over x$'42.000 on the house before I married him so I feel I don't have to be responsible for that part.. Also We took out a loan to pay the rest of the debt thathe owed from a loan on a truck Randy agreed to give to Eric his son, in return Eric would pay but he defaulted and Randy had to end up getting a loan on the house to pay it offthe truck....That didn't make me very happy because Eric was very bad with money and didn't often pay his bills. We borrowed to pay the truck off$20.000... and x'10.0000 to build a garage on the the property at 119 Heberlig Road,Newville,pa I did believe Randy collected the payment put I hoped he was telling the truth.... List ofAssets: Mattress and Box spring we had custom made From Boscov's...41300.00 Sony 32"TV I paid $1.600 for before we were married... Rainbow Sweeper vacuum cleaner- $2.600.00 e The rest of the pro fit we had from the sale of the House after all the debts were paid at 119 Heberlig Road, Newville, PA-x'15.000.00 We were part of the camp membership that charged dues on the Hunting cabin up in 56 Kelly Farm Ln, Renovo, Pa Five Vehicles- Year?Ford Explore-Kelly Blue Book Value-around $'2.900 Ford Truck F150 Pickup- """""around around$4.000.00 Ford Grandna Racing Car """""""""around $2.500.00 Ford Mustang, which he bought with our brother in la w Mike """""around $3.000.00 after theyget it refurbished... """ Kawasaki Motorcycle -Make Vulcan Nomad-around $2.600.00 Various Tools and Auto Equipment- We bought to fir and refurbish our antique autos that we owned. $3.000.00 Total of Assets-$38.000 or more give or take,...Prices are from Kelly Blue Book and comparable items online, Also Randy has his work Pension and profit shares with the Commonwealth of Pa.onlusjob...with PennDot... My objective is to take part of the assets that are mine that we accumulated together while we were married so I can get a new start since I won't be enjoying the comfortably living I would ha ve got if we had stayed together... We have no debts together everything was paid offfrom the profit's we received from the sale of the property at 119 Heberlig Road,Newville, Pa.... Randy is living with his mother right now and he has no debts but, I've had to, at my expense go and get an apartment ofmy own. I have my school loans and the normal cost ofmaking a new start... Monthly Expense Budget.•of the Cost ofLiving for anew start for me due to this request for Divorce... Rent x'550.00 Electric-Summer from<$50.00 to $75.00 Dollars Winter could be from<$60.00 to<$200.00 Cable Internet and TV 4103.00 9 Cell Phone-<$65.00 Car Insurance- $90.00 School Loans-$140.00 Tithes- Offerings-10%ofmy Gross wage...Usually$200.00 a month.. Food-<$200.00 Clothing- $'100.00 Gas and upkeep on Car-<$250.00 Renter Insurance-$16.00 Gifts on Birthdays and Holidays-$1000.00 I would really like to get what is fair and justforme from this divorce....Randy makes more than me and has the cash and no debts to start over and I would like to do the same thing..... Mary L. Scarangella-Hockenberry L RANDY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 10 - 2819 CIVIL MARY L. HOCKENBERRY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this jIt'k day of 2013, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated July 3, 2013, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kev' A. Hess, P.J. CC: ✓Michelle L. Sommer Attorney for Plaintiff L. Hockenberry (Pro Se) Defendant w MW M c _ `` vs r I >C C+J CZ)i � 1� RANDY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY COUNTY, PA V. NO. 10-2819 -vim MCC M — ._. MARY L. HOCKENBERRY CIVIL ACTION - LAW Defendant IN DIVORCE -GD . MARITAL SETTLEMENT AGREEMENT _o THIS AGREEMENT, made this -� day of 2013 between RANDY L. HOCKENBERRY, (hereinafter referred to as "Husband"), and MARY L. HOCKENBERRY, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 30, 2007, in Newville, Pennsylvania; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Wife is currently unrepresented. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge-and accept that this Agreement, is, under the circumstances, fair and equitable, and that it 1 is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate,which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future 2 s support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against. the other on account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property,both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction,including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other,whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenant and agree that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the 3 decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable,with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of . marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION, 401(k), IRA, PREFERRED COMP PLAN, KEOGH OR OTHER EMPLOYMENT-RELATED PLANS and FUTURE SOCIAL SECURITY RETIREMENT. The parties agree to waive any interest they may have in each other's pension, profit-sharing, retirement, credit union, 401(k), IRA, Preferred Comp Plan, Keogh or other employment-related plans; including any future social security retirement either party may be entitled to. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but 4 not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property,including the contribution of each spouse as a homemaker, the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. Each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability. 1. 2012 Kia Optima. Husband shall agree to promptly transfer title of the 2012 Kia Optima solely into Wife's name upon signing the within agreement. 2. 1999 Ford F-150 Truck. Husband shall retain possession of the 1999 Ford F-150 Truck titled solely in Husband's name. 3. 2000 Ford Explorer. Husband shall retain possession of the 2000 Ford Explorer titled solely in Husband's name. 4. 2001 Kawasaki Nomad. Husband shall retain possession of the 2001 Kawasaki Nomad titled solely in Husband's name. Ink b. DISTRIBUTION OF PERSONAL PROPERTY. 1 �;.+.n;.+ ccrrin - a s. - - a c en y e s poss Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other from such property as may be in the individual possession of each of the parties hereto. From and after the date of the signing of this Agreement and the return of the computer to Husband from Wife, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this 5 Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property,whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage,or other instrument of the other pertaining to such disposition of property. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future be will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she will not in the future contractor incur any debt or liability for which husband or his estate might be responsible, and she shall indemnify-and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since -the date of said separation e separation, as otherwise set forth herein, triewu(ne oul (� 6imj ewe-nos ojw 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Husband and Wife accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. DIVORCE. A Complaint in divorce has been filed to Docket No. 2010-2819 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 13. RECONCILIATION, Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall i-n any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other,that this Agreement is lawful and enforceable, and 7 this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each 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 the Agreement. 16. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received,or receivable by each patty, 17. 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. 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, 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. 19. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 20. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 8 21. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, tides, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. , SEVERABILITY. 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 shall continue in full force, effect and operation. 23. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. ITNESSES: (SEAL) RAN L. H&-,K1FzNBEk (SEAL) LOU, L 90 MARY L. 111OCKENBERRY _j RANDY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNST_LVf%XI,0' vs. No. 10 - 2819 CIVIL =M C= MARY L. HOCKENBERRY, W Defendant IN DIVORCE THE MASTER: Today is Wednesday, July"�3," 2013 . This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Randy L. Hockenberry, and his counsel Michelle L. Sommer, and the Defendant, Mary L. Hockenberry. Ms. Hockenberry is not represented today but was previously represented by attorney Christine T. Brann. We contacted Christine Brann' s office with James, Smith, Dietterick and Connelly and left a message for her to send a praecipe to our office or Ms. Sommer' s office withdrawing her appearance in the action. Ms. Hockenberry, is it your understanding and wish that Ms. Brann withdraw from this case as your counsel? MS. HOCKENBERRY: Yes, sir. THE MASTER: And you are satisfied to proceed today without an attorney? MS. HOCKENBERRY: Yes. THE MASTER: The complaint in divorce was filed on April 27, 2010, raising grounds for divorce of irretrievable breakdown of the marriage. The parties have 1 this day signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301 (c) of the Domestic Relations Code. Attorney Sommer is going to file the affidavits and waivers with the Prothonotary' s office today. The complaint also raised the claim of equitable distribution. On May 4, 2010, the wife, Mary L. Hockenberry, filed a petition raising claims for alimony, alimony pendente lite, and counsel fees and expenses. The parties were married on September 30, 2007, and finally separated on December 8, 2012 . The parties have no children of this marriage; husband does have three emancipated children from a prior marriage. Wife also has three emancipated children to a prior marriage. The parties have discussed the pretrial statements that were filed and the issues that were raised with regard to the claims that were filed and have reached an agreement which agreement was prepared previous to today by attorney Sommer. The parties reviewed the agreement that was prepared in Ms. Sommer' s office, have made any adjustments or corrections as necessary, and have signed the agreement as the full and final settlement of all matters relating to this divorce. Therefore, the Master will prepare an order vacating his appointment and counsel can, 2 therefore, file a praecipe transmitting the record to the Court requesting a final decree in divorce. As noted, we have the affidavits and waivers to be filed today and we will be waiting for the withdrawal of appearance by Christine Brann next week so that upon receipt by attorney Sommer of the vacation of the Master' s appointment she can then file a praecipe to transmit the record requesting that the Court enter a final decree in divorce. Ms. Hockenberry, do you understand what has happened and you understand the agreement that you signed? MS. HOCKENBERRY: Yes, I do. THE MASTER: Do you have any questions about anything -- any of the procedure; any terms of the agreement? MS. HOCKENBERRY: No, sir. THE MASTER: And you are satisfied to let this proceed now with a conclusion relating to the acquisition of a vehicle for you and a divorce decree to be entered? MS. HOCKENBERRY: Yes, sir. THE MASTER: Mr. Hockenberry, have understand what we have talked about today and do you understand the agreement that you have signed? MR. HOCKENBERRY: Yes. THE MASTER: And you are satisfied to let 3 xr this proceed now to conclusion with a divorce? MR. HOCKENBERRY: Yeah. I just want it over. THE MASTER: All right. Thank you. CC: Michelle L. Sommer, Attorney for Plaintiff Randy L. Hockenberry, Plaintiff Mary L. Hockenberry, Defendant (Pro Se) 4 07/03/2013 09:59 7172493344 ABOM&KUTULAKIS PAGE 01/04 L 0 F Fitt P R 0 TH 0 T;,-,1' RITULAKIS 2013 JUL -3' PM 3- 2 0 Michelle L sommel'.Esqodre CUMBERLAND I COUNTY 41.10rne�v 1.0.0: 03034 PENNSYLVANIA 2 West Ifigh Street Carlivie.PA/7613 (717)249.1791)0 RANDY L. HOCKENBERRY., IN THE COURT OF COWMON PLEAS Plaintiff CUMBERLAND COUNTY,PA V. NO. 10-2819 MARY L. HOCKENBERRY CIVIL ACTION -L.AW Defendant IN DIVORCE I. A Complaint in divorce'under §§ 3301(c) and 3301(d) of the Divorce Code was filed on April 27, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broker•- and ninety (90) days,have elapsed from,the date of filing and ,;ervicc of the Comj,-ilaint. 3. 1 consent to the entry of a final decree of divorce after sm-kc of notice of intention to request entry of the decree. I vcrifG 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: -3 RAND L. I 'kEN -10C BERRY, P" 07/03/2013 09:59 7172493344 ABOM&KUTULAKIS PAGE 03/04 A0 TM & 3 PM no: 2 0 20 13 AL - I�N ULAKIS Alicirc/le L.Sommcr.&qulpe, CUMBERLAND CoUNTy ,01MMICY I.D.4N.- VIOR PENNSYLVANIA 2 Frlcsl HW,.51r,;e.I Carlisle.PA I71)13 (717)249-0900 RANDY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 10-2819 MARY L. HOCKENBERRY CIVIL ACTION - LAW Defendant IN DIVORCE WAIS R DE NONCE OF 111-7 --m—REQUES , Nl.'RYA)JF C ;CODE 1. 1 consent to the entry of a final Decree of Divotcc without no-Jcc. 2. 1 understand that I may lose rights concerning alimony, division. of property, lawyer's fees or expense-.; if I do not claim them before a divo-i-n-c is granted. 3. 1 understand that I will. not be divorced until divorce decree :.s entered by the Court and that a copy of the decree will be sent to me imimeiiately after it is Filed with the Prothonotary. T verify that the statements made in this 'affidavit are true and correct. I understand that false statements heroin are made subject to the penalties of 1.8 Pa.C.S. X4904 relating to unsworn falsification to authorities. Date: 3 —13 —Z ]kANDY'�f- HOCEENBERRY, Pl ' tiff 07/03/2013 09:59 7172493344 ABOM&KUTULAKIS PAGE 02/04 ,AB ..20M & 2013 JUL -3 PM 2 0 KU ULAKIS 3- mickrilt,L Sommer.Elquire CUMBERLAN ,Ooprcy I.D.A PEENS YLD COUNTY 2 West H*h$rmet VANIA Cartlife—Pel 170,13 (717)249-0900 RANDY L. HOCKENBERRY, IN THE COURT' OFCOMNION PLEAS Plaintiff CUMBERLAND COUNTY, PA NO. 1.0-2819 MARY L. HOCKENBERRY CIVIL ACTION - LAW Defendant IN DTVORCE A.EEID�A,yf,1' OP CONSENT 1. A Complaint in divox-cc under §§ 3301(c) and 3301(d) of the Divorce Code was filed on.April 27, 2010. 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 Comp:aint. 3. 1 consent to the entry of a final decree of divorce after service of notice of inuntion to request entry of the decree. I verify that the statements made in this affidavit are true and correc t. I u.ndcrstand that false staternenu; herein. are made subject to the penalties of 18 Pa. C.S. ('.4904 relating to unsworn falsification to authorities. Date. MARY L. HOCKENBFRRY, Defenklant 07/03/2013 09:59 7172493344 ABOM&KUTULAKIS PAGE 04/04 0 C; ' tr L -fir" In. I�N2ULAKIS pfd ^• , Michelle L.Sommer,I.sgairy CUMt3ERL Ate Arrareey/,n,#: 93034 PNiS YL 4)V1,4 �)'r.. 1 Wcsr Migh Surer A Carlisle.PA 17013 (7l>)249-0900 RANDY L. HOCKrNMRRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBF,R.LAND COUNTY, PA V. NO. 10-2819 MARY L. .H0CX-ENBLRRY CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OMINTENTION TQ OJE g DiYO�C�DECREE iJND���. ._-- �„Y���4DE 1. 1 consent to the entry of a final Decree of Divorce without no ice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's Pecs or expenses if I do not claim,them before a divori:e is granted. 3. 1 understand that T, will not be divorced until, a divorce decree 's entered by tlac 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 arc made subject to the penalties of 18 Pa-C.S. X4904 relating to unsworn. falsification to authorities. Date:J Q l Ll MARY t HOCKENBEr, Defen ant &UTOM �' ULAKIS Michelle I',.Sommer,Esquire Attorney I.D.No.:93034 2 West l:ligh Street Carlisle,Pennsylvania 17013 (717)249-0900 RANDY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PA _ . '1p� V. NO. 10-2819 c C- F ._... r-- o MARY L. HOCKENBERRY CIVIL ACTION -LAW cnr' rr� Defendant IN DIVORCE rte- 1i° , .� D PRAECIPE TO TRANSMIT THE RECORD '" o xy C.J To the Prothonotary: �€ C-n Transmit the record, together with the following information,to the court for entry of a divorce decree: 1) Ground(s) for Divorce: a) Irretrievable Breakdown under§3301(c) of the Divorce Code. 2) Date and manner of service of the Complaint: a) April 28,2010 by Certified Mail/Restricted Delivery. 3) Date of execution of the Affidavit of Consent required by 53301(c) of the Divorce Code: a) by Plaintiff. July 3,2013; by Defendant: July 3, 2013. 4) Related claims pending: 5) None. 6) Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a) by Plaintiff: July 3, 2013; by Defendant: July 3,2013. Respectfully submitted, ABom&KUTULA"s,L.L.P DATE Michell e L. So mer,Esquire Supreme Court ID #93034 2 West High Street Carlisle,PA 17013 (717) 249-0900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY L. HOCKENBERRY'— : V. MARY L. HOCKENBERRY NO. 10-2819 DIVORCE DECREE AND NOW, G it is ordered and decreed that RANDY L. HOCKENBERRY , plaintiff, and MARY L. HOCKENBERRY , 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 Marital Settlement Agreement dated July 3, 2013, is incorporated but not merged. By the Court, Atte J. Pr thonotary eve-t- '711-7//3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 'ENNSYLVANIA 6 z _ �, - , !, Plaintiff /0— I Vs FileNo.Z Jiii an IN DIVORCE ccz Defendr c,,... i.:_- --0 'T' r--•.Z Co NOTICE TO RESUME PRIOR SURNAME z•c:;' c-,D.-"- Notice is hereby given that the Plaintiff/defendant in the above matter, _,s! r - [select one by marking "x"] prior to the entry of a Final Decree in Divorce, JI 1 or X after the entry of a Final Decree in Divorce dated V /KJ )0i 01 hereby elects to resume the prior surname of ce,ax6-.e-/1 _, , and gives this written notice avowing his /her intention pursuant to the provisions of 4 704. Date�y '.iyle 12.3/02.0 ( 7"Iuu..,ujb , ii / i P.S./ I Signature -}4 1.),c i i i / ,,,L-7 Sign ure of name being re:tmed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF (ri4,1ZechH PJ ) On the ?3 aday of 94,,,,e__ , 200_, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. $1.309 fid_ca Prothonotary or Notary Public 30-57 1 Prothonotary,Cumberland County,Carlisle,PA My CoUrnission Expires Bre First Monday of Jerii2O18-