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HomeMy WebLinkAbout04-2863 CAROL HERSHEY, GENE HERSHEY, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW 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 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 CAROL HERSHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GENE HERSHEY, V. Defendant No. Oy- aPQ CIVIL ACTION - LAW DIVORCE I:LU?I? /E2-?r1 COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Carol Hershey, by and through her attorney, Jeannd B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Carol Hershey, is an adult individual who currently resides at 382 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant, Gene Hershey, is an adult individual who currently resides at 380 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 4, 1963, in Newville, Cumberland County, Pennsylvania. Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievable broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There are no dependent children from this marriage. 11. This action is not collusive. Count II -Alimonv. Alimony Pendente Lite, Counsel Fees 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff lacks the sufficient property and resources to provide for her reasonable means. 14. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 15. Plaintiff requires reasonable assistance financing the instant divorce litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and an award of alimony thereafter as well as counsel fees. Count III - Equitable Distribution of Marital Property Pursuant to 43502 of the Divorce Code 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant to the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 18. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 19. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage, which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable and just. RESPECTFULLY SUBMITTED: Dated: & (I 71d Je B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF CAROL HERSHEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. GENE HERSHEY, : CIVIL ACTION -LAW Defendant : DIVORCE VERIFICATION I, Carol Hershey, hereby verify that the statements made in the foregoing Complaint in Divorce 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: to - / °/ - O y Signature: garc ? a ('i lHershey O C ? LZ -c? r F- CAROL HERSHEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. ((- ?PQ 6 Uc C- ?;, ?, GENE HERSHEY, CIVIL ACTION - LAW Defendant DIVORCE PETITION FOR SPECIAL RELIEF The Plaintiff, Carol Hershey, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Carol Hershey, is an adult individual who currently resides at 382 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant, Gene Hershey, is an adult individual who currently resides at 380 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff has filed a Complaint in Divorce simultaneously with this Petition for Special Relief. 4. In the course of the parties' 40+ year marriage, they acquired certain property, both personal and real. 5. Plaintiff has reason to believe that in an effort to thwart equitable distribution of the marital estate, Defendant has transferred out of his name various assets, including but not limited to 4 farms, a savings account, a cabin with 50 acres of mountain land, and mutual funds. 6. Plaintiff believes and therefore avers that pending equitable distribution neither parry should dissipate, spend, give away, encumber or otherwise interfere with assets which could be deemed marital and those assets should be kept safeguarded per Order of Court. 7. Furthermore, Plaintiff believes and therefore avers that Defendant should be required to provide a detailed account of any action he has already taken to dissipate, spend, give away, encumber or otherwise interfere with assets which could be deemed marital. 8. Plaintiff has incurred attorneys fees as a result of Defendant's actions. Plaintiff avers that Defendant's actions were designed to thwart equitable distribution and therefore Plaintiff is seeking reimbursement of attorney's fees, the exact amount of which cannot he determined until final resolution of the issues raised in this Petition. WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue a Rule upon Defendant to show cause why he should not be prevented from further dissipating assets, required to provide a detailed accounting of the movement of any assets, required to post a bond equal to the value of all assets which cannot be returned to the marital estate due to Defendant's actions, and required to pay Plaintiff's attorney's fees incurred related to this Petition for Special Relief. Dated: ?; 7r Uy RESPECTFULLY SUBMITTED: Je d B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR PLAINTIFF CAROL HERSHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. GENE HERSHEY, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Carol Hershey, hereby verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4404, relating to unworn falsification to authorities. Date: - / Signature: Carol Hershey r? (;. ? ( "?i i" .-i f.- ?? "? -._ -T _, i ?' ? - P% ? iy? `? JU? 2004 CAROL HERSHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. ?{ - eCdy'2 ?(U t 1r?? I GENE HERSHEY, CIVIL ACTION -LAW Defendant DIVORCE M ORDER OF COURT AND NOW, thisday of ?f /l NE , 2004, upon consideration of the within Petition, a Rule issued upon the Respondent to show cause why the relief requested should not be granted. / RULE returnable at a hearing set for the Zoday of ?/ L/ y 2004, in Courtroom No. '- of the Cumberland County Courthouse, Carlisle, Pennsylvania, at 8' 3o o'clock, A m. or o erwise or o if wry re2d, pem, rftme' en ans prove a Plaintill all oc n ion of ang transfer or sines ice an o BYf?OUR J. ?? F ?.? i.,.. ,,r J ? 1 ?. 7S ?111'? ?u'.C?S+;00? ?'r3L ?`? ??;; j,? CAROL HERSHEY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. GENE HERSHEY : NO. 2004-2863 CIVIL TERM ORDER OF COURT AND NOW, this 131-11 day of JULY, 2004, by agreement of the parties the hearing scheduled for July 14, 2004, at 8:30 a.m. is continued generally. Ely ourt, Edward E. Guido, J. Sally Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, Pa. 17257 Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pa. 17055 +L 7-? vY :sld „n ?f 7t1r h6Gl t„_i(' ll?ZY l ?? 07/12/2004 19:41 FAX 717 790 6019 EXECUTIVE OFFICES JEAIVAE B_ COSTOPO ULOS , ESQUIRE The Executive Offices at Rossmoyne \1 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055-69.22 West Shore (717) 790-9546 East Shore (717) 221-0900 July 12, 2004 Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 VIA FACSIMILE NO. (717) 240-6460 Hard copy will not follow unless requested- Re: Carol Hershey v. Gene Hershey 04-2863 Civil Term Dear Judge Guido: E-mail: jbc al@aol.com Facsimile: (71 790-6019 The above referenced domestic case is scheduled for a hearing on July 14, 2004 at 8:30 a.m, regarding a Petition for Special Relief filed by me on behalf of Carol Hershey. Opposing counsel, Sally Winder, Esquire, has indicated that she is not available to attend the hearing on the 141'. I do not oppose her informal continuance request since my client has informed me the parties are communicating and may potentially resolve their issues without the need of court intervention. In light of the probability that this case will settle out of court. I am requesting you to cancel the hearing on July 141i and to continue the matter generally. Thank you for your consideration. Please contact me if you need any additional information. Sincerely yours, Pte'-----_. Jeanne 13. Costopoulos, Esquire 2001 cc: Sally Winder, Esquire Carol Hershey File CAROL HERSHEY, Plaintiff vs. GENE HERSHEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-2863 IN DIVORCE ORDF,R OF COURT AND NOW, this f day of ?06,.Q " , 2005, upon request of Plaintiff, the hearing on the Petition for Special Relief filed by Plaintiff on June 22, 2004, which was continued generally by Order of Court dated July 13, 2004, is rescheduled to take place on the 7 day of _ '2005, at It 64 A m. in Courtroom No. 5 of the Cumberland County Courthouse. Distribution: VTe'?m6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055-6922 ally Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 BY COU Hon. Edward E. Guido QJ r?) -,- , _ =. :.?? , ? ? -- TEANNE B. COSTOPOULOS, ESQUIRE The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 West Shore (717) 790-9546 E-mail: jbclegal*aol.com East Shore (717) 221-0900 Facsimile. (717) 790-6019 March 16, 2005 Hon. Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Carol Hershey v. Gene Hershey Divorce No. 2004-2863 Dear Judge Guido: Enclosed please find a copy of an order generally continuing a hearing regarding a Petition for Special Relief filed on behalf of Plaintiff, Carol Hershey, on June 22, 2004. The parties have not resolved their differences and I am requesting the matter to be re-listed for a hearing in the near future. I have enclosed a scheduling order. Please advise if I need to take any further action towards rescheduling of this hearing. Thank you for your cooperation. Sincerely nn6 B. Costopoulos, Esquire cc: Sally Winder, Esquire Carol Hershey File CAROL HERSHEY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. GENE HERSHEY NO. 2004-2863 CIVIL TERM ORDER OF COURT AND NOW, this 13111 day of JULY, 2004, by agreement of the parties the hearing scheduled for July 14, 2004, at 8:30 a.m. is continued generally. Edward E. Guido, J. Sally Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, Pa. 17257 Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pa. 17055 :sld TRUE COPY FROM RECORV in Tedionmy whereat, I hen umo 301 My hand and the Safi of saWCarUsle. pt rhiday IPrwhonow i CAROL HERSHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-2863 GENE HERSHEY, : CIVIL ACTION -LAW Defendant : DIVORCE PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW COMES the Plaintiff, Carol Hershey, by and through her attomn y, Jeanne B. Costopoulos, Esquire, and files the following Motion for Continuance, respectfully as follows: 1. Plaintiff filed a Petition for Special Relief on June 22, 2004. Prio? to a hearing, the parties attempted to settle the matter and the case was continu?d generally by Order of Court dated July 13, 2004. 2. Recently, at the request of Plaintiff, this Honorable Court rescheduled the hearing for April 22, 2005 at 11:00 a.m. 3. Undersigned counsel is scheduled to be in Pittsburgh from April ?L 2005 through April 25, 2005 and is therefore unavailable for court on +pril 22, 2005. 4. Undersigned counsel spoke to counsel for Defendant, Sally Winder, Esquire, and was informed that Defendant does not oppose this request fof continuance. WHEREFORE, Plaintiff respectfully requests this Honorable Court to contoue the April 22, 2005 hearing to a later date. RESPECTFULLY SUBMITTED: BY: Dated: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR PLAINTIFF CAROL HERSHEY, IN THE COURT OF COMMON PL1AS Plaintiff CUMBERLAND COUNTY, PENNS LVANIA GENE HERSHEY, V. Defendant No. CIVIL ACTION - LAW DIVORCE ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and 1. She is the attorney of record for Carol Hershey, Plaintiff. 2. She is authorized to make this verification on her client's behalf. 3. The facts set forth in the foregoing motion are known to her and not client. 4. The facts set forth in the foregoing motion are true and correct to the knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the Pa.C.S. 4904 relating to unworn falsification to authorities. BY: it - Dated: (?l 7eann6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR PLAINTIFF that: to her of her sof18 CAROL HERSHEY, : IN THE COURT OF COMMON Plaintiff : CUMBERLAND COUNTY, PEI V. : No. 2004-2863 GENE HERSHEY, : CIVIL ACTION -LAW Defendant : DIVORCE CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I served a copy foregoing document upon the person, and in the manner, indicated below, which the requirements of the PA Rules of Civil Procedure, by depositing a copy of the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, addressed as follows: Sally Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 BY Jeannd B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Dated: ?`?` ! lr ATTORNEY FOR PLAINTIFF VANIA satisfies with the and E X H I B I T A CAROL HERSHEY, : Plaintiff VS. GENE HERSHEY, Defendant AND NOW, this THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS' CIVIL ACTION - LAW NO. 2004-2863 IN DIVORCE ORDER OF COURT day of request of Plaintiff, the hearing on the Petition for Special Relief filed by Plaintiff on 2004, which was continued generally by Order of Court dated July 13, 2004, is resche take place on the day of Ast? , 2005, at #-66 A.m. Courtroom No. 5 of the Cumberland County Courthouse. Distribution: Jeanne B. Cogtopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055-6922 Sally Winder, Esquire 9974 Molly Pitcher Highway Sbippensburg, PA 17257 BY CO Hon. Edward E. Guido upon ie 22, ed to r-? C7 t,? _ ? K"1 [, Cf? T _, ?_. _ ? jr ?? ;:? -? ?? ? ? ?, t?`,t? ...- '__? .. z? ?? .c i. W RECEIVED APR 0 72005 / CAROL HERSHEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-2863 GENE HERSHEY, : CIVIL ACTION -LAW Defendant : DIVORCE ORDER OF COURT AND NOW, this I ( day of N_ Q , 2005, upon consideration of Plaintiff s Motion for Continuance, it is hereby ORDERED that said Motion is GRANTED. The hearing scheduled on April 22, 2005 at 11:00 a.m. is continued until the _Lek day of ?, 2005, at / • b 0 A.M. Courthouse. Distribution: ?anne B. Costopoulos, Esquire 000 Ritter Road, Suite 202 5 Mechanicsburg, PA 17055-6922 ally Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 in Courtroom No. 5 of the Cumberland County BY T COURT: Hon. Edward E. Guido ! n C) y -/I -05 f? i ( 81 :Z N 1 1 u'dy X081 3RI Jo O CAROL HERSHEY, GENE HERSHEY, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-2863 CIVIL ACTION - LAW DIVORCE PLAINTIFF'S PETITION FOR CONFERENCE OR HEARING REGARDING ALIMONY PFNDENTF. i ITE AND NOW, comes the Plaintiff, Carol Hershey, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Plaintiff above-named. 2. The Respondent is the Defendant above-named. 3. Plaintiff/Petitioner filed a Complaint in Divorce on June 22, 2004, which contains a request for alimony pendente lite. 4. Plaintiff/Petitioner desires that a conference or hearing be held to address her alimony pendente lite claim. WHEREFORE, Plaintiff respectfully requests that a conference or hearing be scheduled regarding her request for alimony pendente lite. Dated: l RESPECTFULLY SUBMITTED: anne B. Costopoulos, Esquire ATTORNEY FOR PETITIONER 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 CAROL HERSHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-2863 GENE HERSHEY, CIVIL ACTION -LAW Defendant DIVORCE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Sally Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR PETITIONER 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 Dated: ??S , , ?, ?? :r. ?, °, ;', .. ,Ll .TEANNE B. COSTOPOULOS, ESQUIRE The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 West Shore (717) 790-9546 East Shore (717) 221-0900 April 14, 2005 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Carol Hershey v. Gene Hershey Civil No. 2004-2863 - Divorce Dear Sir or Madam: E-mail: jbelegal@aol,com Facsimile: (717) 790-6019 Enclosed for filing on behalf of Plaintiff, Carol E. Hershey, please find an original and four (4) copies of Plaintiff's Petition for Conference or Hearing Regarding Alimony Pendente Lite. An APL count was included in the original Complaint in Divorce filed on June 22, 2004. Plaintiff subsequently filed for spousal support on March 10, 2005 and Defendant denied entitlement at the support conference. I assume the conference officer did not consider APL either because she was unaware of the APL count contained in the divorce complaint or because the enclosed petition had not yet been filed. In either case, she referred the case to the support master for adjudication of the entitlement issue. I'm saying all of this in this filing letter because I expect the master may want to consolidate these matters for hearing purposes. The docket number of the DRO case is 202 S 2005 and the PACSES number is 350107197. Please time-stamp any extra copies of the enclosed petition and return them to me in the enclosed pre-stamped envelope. Thank you for your cooperation. cc: Sally J. Winder, Esquire Michael R. Rundle, Esquire Carol Hershey File Sincerely y(iuj& ann6 B. Costopoulos, Esquire I , In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY vs. GENE H. HERSHEY ORDER OF COURT You, Docket Number Plaintiff PACKS Case Number Defendant ) Other State ID Number CAROL E. HERSHEY W KING ST, SHIPPENSBURG, PA. 17257-1236-99 are ordered to appear at DOMESTIC RELATIONS HEARING RM 04-2863 CIVIL 850107312 plaintiff/defendant. of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-1:3 before a hearing officer of the Domestic Relations Section, on the MAY 19, 2005 at 9: ooAM fora hearing. (on are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: ervice Type M Form CM 509 WorkerlD 21302 HERSHEY v. HERSHEY PACSES Case Number: 850107312 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: M 1 1 7 0 a g" 9- YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Workerlt) 21302 (-l r.2 ?! ?i --i - ? T? Rj ??- ? fa `- 1? . _ i'T ?J _? ?? G'> ., . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY ) Docket Number 04-286.3 CIVIL Plaintiff ) vs. ) PACSES Case Number 850107:312 GENE H. HERSHEY Defendant ) Other State ID Number ORDER OF COURT You, GENE H. HERSHEY plaintiff/defendant of ISO SPRINGFIELD RD, SHIPPENSBURG, PA. 17257-9557-80 are ordered to appear at DOMESTIC RELATIONS HEARING RM '. DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MAY 19, 2005 at 9 : ooAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Type M Form CM-509 Worker ID 21302 HERSHEY If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: M " .,t 7 a ?" V_ HERSHEY PACSES Case Number: 850107312 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to y with the Americans with Disabilities Act of 1990. For information about accessible ies and reasonable accommodations available to disabled individuals having business the court, please contact our office at: (717) 240-6225 . All arrangements must be at least 72 hours prior to any hearing or business before the court. You must attend the sled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 ('? ?'? _ _ !`"? [ CJI _ ?? ??{ f.??'?. G; ,?J l ) aC. ? -*:z -- , -r. CC f C d 1 CAROL HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GENE HERSHEY, CIVIL ACTION - LAW Defendant NO. 04-2863 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of May, 2005, after conference with counsel in the presence of the parties, it is hereby ordered and directed as follows: 1. Neither party shall withdraw any sums from the joint account at Gibb Financial Services, Inc. without the joinder of the other party or approval of this Court. 2. Neither party shall sell, transfer, or encumber any interest in real estate or any other business interest other than the sale of crops or inventory in the normal course of business without the joinder of the other party or approval of this Court. This order is not meant to preclude withdrawals from any existing lines of credit so long as the limits on those lines of credit are not increased without the consent of the other party or approval of this Court. By the 'Court, Ile Edward E. Guido, J. ???`?3 k ,L Jeanne B. Costopoulos, Esquire For the Plaintiff Sally J. Winder, Esquire For the Defendant lfh CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GENE H. HERSHEY, PACSES NO. 850107312 Defendant DOCKET NO. 2004-2863 CIVIL CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA W. : DOMESTIC RELATIONS SECTION GENE H. HERSHEY, PACSES NO. 350107197 Defendant DOCKET NO. 202 SUPPORT 2005 INTERIM ORDER OF COURT AND NOW, this eday of May, 2005, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Plaintiff's claim for spousal support is denied. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for transmission to the Plaintiff as alimony pendente lite the sum of $301.00 per month. C. The Defendant shall continue to provide health insurance coverage for the benefit of the Plaintiff. D. The effective date of this order is April 19, 2005. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no JCS18 exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. Cc: Carol E. Hershey Gene H. Hershey Jeanne B. Costopoulos, Esquire For the Plaintiff Sally J. Winder, Esquire For the Defendant DRO By the Court, ;??; ` ? ? ? ?e"i ?_? CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GENE H. HERSHEY, PACSES NO. 850107312 Defendant DOCKET NO. 2004-2863 CIVIL CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GENE H. HERSHEY, PACSES NO. 350107197 Defendant DOCKET NO. 202 SUPPORT 2005 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on May 19, 2005 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Carol E. Hershey, who resides at 74 West King Street, Shippensburg, Pennsylvania. 2. The Defendant is Gene H. Hershey, who resides at 380 Springfield Road, Shippensburg, Pennsylvania. 3. The parties were married on August 4, 1963. 4. The parties separated on February 27, 2005 when the Plaintiff left the marital residence. 5. The Plaintiff filed a complaint in divorce on June 22, 2004 which contained a request for alimony pendente lite. 6. The Plaintiff filed a complaint for spousal support on March 10, 2005. 7. The Plaintiff requested a hearing on her claim for alimony pendente lite on April 19, 2005. 8. The Plaintiff was growing increasingly unhappy in her marriage. EXHIBIT "A" C?EU?1 9. The Plaintiff moved from the marital residence following a heated argument with the Defendant on February 27, 2005. 10. The Plaintiff was primarily a homemaker during the course of the parties' marriage. 11. The Plaintiff obtained part-time employment as a hostess in a local restaurant in December, 2004. 12. The Plaintiff works an average of 12 to 15 hours per week at a pay rate of $6.50 per hour. 13. The Plaintiff works on Thursday, Friday and Saturday evenings. 14. The Plaintiff is 58 years of age and has no physical, medical or mental problems that would preclude her from working additional hours. 15. The Plaintiff performed some clerical work during early years of the marriage. 16. The parties have two children, both of whom are emancipated. 17. The Plaintiff resides alone in an apartment in Shippensburg. 18. The Defendant has been a dairy farmer his entire adult life. 19.The Defendant and his brother operate the business as a partnership. 20. The Defendant receives a guarantee draw of $300.00 per week. 21. The partnership also operates a dog breeding and sale business. 22. The Defendant receives approximately $7,000.00 per year from the breeding business. 23. The parties made a $60,000.00 loan to their son which is currently being repaid in monthly installments of $523.00.1 24. The Defendant has given the April and May monthly checks to the Plaintiff. 25. The Defendant made direct payments to the Plaintiff during the month of March totaling $400.00. The parties were unable to clarify the terms of the loan, but no interest from the loan is set forth on their 2004 joint federal tax return. 2 26. The Plaintiff and Defendant have health insurance coverage with premiums paid by the Defendant's partnership. 27. The Defendant has a heart condition and takes regular medication for that condition as well as for depression. 28. The Defendant recently incurred unreimbursed medical expenses totaling $1,233.73 related to his heart condition. 29. The Defendant has monthly medication expenses of approximately $100.00. 30.The Defendant resides rent free in a farmhouse located on one of the partnership dairy farms. 31. The parties filed a joint marital income tax return for tax year 2004. DISCUSSION A dependent spouse is entitled to spousal support until it is proven that conduct on his or her part constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa. Super. 1993). However, where the dependent spouse voluntarily and without the consent of his or her spouse vacates the martial residence, he or she has the burden of proving that the other spouse's conduct justified the departure. McKolanis v. McKolanis, 644 A.2d. 1256 (Pa. Super. 1994). Adequate legal cause for the departure need not rise to the level of grounds for a fault divorce, Rock v. Rock, 560 A.2d. 199 (Pa. Super. 1989), but must be more than mere allegations that the offending spouse's conduct has made the claimant's life unbearable without providing supporting facts. Martin v. Martin, 423 A.2d. 6 (Pa. Super. 1980). In the present case the Plaintiff was clearly unhappy with the state of her marriage. The Defendant does not deny that the parties argued. However, in the opinion of this Master, the Plaintiff has not presented sufficient supporting facts to constitute adequate legal cause for her voluntary, nonconsensual departure from the home. Consequently her claim for spousal support will be denied. Alimony pendente lite enables a dependent spouse to prosecute or defend a divorce action. Litmans v. Litmans, 673 A.2d. 382 (Pa. Super. 1996). "Alimony pendente lite is based on the need of one party to have equal financial resources to pursue a divorce proceeding when, in theory, the other party has major assets which are the financial sinews of domestic warfare." DeMasi v. DeMasi, 597 A.2d. 101, 104 (Pa. Super. 1993). Factors to consider in determining entitlement to APL include the separate estate and income of the claimant, the ability of the other party to pay, and the character, situation and surroundings of the parties. Litman's supra. In determining an award of spousal support or alimony pendente lite, the trier of fact must focus on the earning capacity, not just the actual earnings, of the claimant. Strawn v. Strawn, 664 A.2d. 129 (Pa. Super. 1995). A party's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, mental and physical condition, and training. Riley v. Foley, 783 A.2d. 807 (Pa. Super. 2001). The Plaintiff is 58 years old, but has no medical, mental or physical problems which would prevent her from working more than the 12 to 15 hours per week she currently works. She has limited herself to working three evenings a week as a restaurant hostess in Shippensburg where she resides. She freely admits the ability to work additional hours if available. An earning capacity of $162.50 per week (25 hours at $6.50 per hour) will be imputed to her for the purposes of calculating the Defendant's obligation to pay alimony pendente lite. With a gross monthly earning capacity of $704.00 and filing her federal income tax return as married/separate, her net monthly earning capacity is $639.00.2 The Defendant has total gross self-employment income based upon his testimony of $22,600.00 annually. This consists of a guaranteed draw of $300.00 per week plus an additional $7,000.00 per year from the dog breeding aspect of the partnership business.3 With average gross monthly income of $1,883.00, and filing his federal income tax return as married/separate, the Defendant's net monthly income for support purposes of $1,392.00. With net monthly income for the Defendant of $1,392.00 and for the Plaintiff of $639.00, the Defendant's monthly alimony pendente lite obligation under the guidelines is $301.00.5 RECOMMENDATION A. The Plaintiff's claim for spousal support is denied. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for transmission to the Plaintiff as alimony pendente lite the sum of $301.00 per month. C. The Defendant shall continue to provide health insurance coverage for the benefit of the Plaintiff. See Exhibit "A" for the tax deductions. Although the parties filed a joint marital return for 2004, they have separated in 2005. Consequently the married/separate tax filing status is utilized. ? Although the Defendant's federal tax return suggests a lower income, in the case of self-employed individuals, it is the cash flow that must be considered in determining a support obligation, not the federally taxed income. Heisev v. Heise v, 633 A.2d. 211 (Pa. Super. 1993). ° Sec Exhibit "A" for deductions from gross income. See Exhibit °B" for the calculation. The proceeds from the repayment of the loan made to the parties' son are a matter of equitable distribution and are not addressed with respect to alimony pendente lite. Similarly the interest/dividends generated from joint accounts and mutual funds have not been considered in this proceeding. D. The effective date of this order is April 19, 2005. NN w., -13 { ? , 2605 Date Michael R. Rundle Support Master SupportCalc 2005 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania SupportCaIC 2005 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GENE H. HERSHEY, PACSES NO. 850107312 Defendant DOCKET NO. 2004-2863 CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GENE H. HERSHEY, PACSES NO. 350107197 Defendant DOCKET NO. 202 SUPPORT 2005 INDEX OF EXHIBITS Plaintiffs Exhibit No. 1 - Income and expense statement Plaintiffs Exhibit No. 2 - Pay statements Defendant's Exhibit No. 1 - Federal tax return Defendant's Exhibit No. 2 - Not admitted Defendant's Exhibit No. 3 - Not admitted Defendant's Exhibit No. 4 - Hospital bill Defendant's Exhibit No. 5 - Explanation of benefits Defendant's Exhibit No. 6 - Income and expense statement CAROL HERSHEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GENE HERSHEY, V. Defendant No. 2004-2863 CIVIL ACTION - LAW DIVORCE PRAECIPE 'r0 WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Kindly withdraw the appearance of Jeanne B. Costopoulos, Esquire, as attorney for Plaintiff, Carol Hershey, in the above captioned matter. led Dated: 11C eanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (71.7) 790-9546 PA Supreme Court ID No. 68735 Kindly enter the appearance of Hubert X. Gilroy, Esquire, as attorney for Plaintiff, Carol Hershey, in the above captioned matter. Dated: _7-6 tar Hubert X. Gilroy, 4 North Hanover Carlisle, PA 1701 Telephone: (717) 243-457 ?f PA Supreme Court ID No. 3 ? ??> ?> Ca , cn T ? ?^? _. ? ? -? ril?c ? i'i". } i ,:. _... ] r. ii 1 __ W '` 7a. :! G,? CAROL E. HERSHEY Plaintiff V GENE H. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2004-2863 CIVIL ACTION - LAW IN DIVORCE OBJECTIONS TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS - SECOND SET Defendant, Gene H. Hershey files the following Objections to Plaintiff's Request for Production of Documents - Second Set: 1. Defendant objects to Plaintiff's request for documents as set forth from December 2004 through April 2005, as Defendant has produced relevant documents through year-end 2004 and the final separation of the parties. 2. Defendant objects to production of 2005 and 2006 tax returns, federal and state as they are inadmissible at trial of this matter and is not reasonably calculated to lead to discovery of admissible evidence. 3. Defendant objects to Plaintiff's request for February 2005, and current statements from any investment accounts as this information is not admissible at trial and is not reasonably calculated to lead to discovery of admissible evidence. 4. Defendant objects to Plaintiff's request for February 2005, listing of equipment and values as the information is not admissible at trial and is not reasonably calculated to lead to discovery of admissible evidence, as it does not request production of specified documents. 5. Defendant objects to Plaintiff's request for February 2005, listing of cattle owned and values as the information is not admissible at trial and is not reasonably calculated to lead to discovery of admissible evidence as it does not request production of a specified document. 6. No such document exists and if it did it would not be admissible at trial and is not reasonably calculated to lead to discovery of admissible evidence. 7. Defendant objects to Plaintiff's request for production of documents in paragraph 7 as it does not specify a time and Defendant can not determine what time is intended to be "that time" as stated by Plaintiff. 8. Defendant objects to Plaintiff's request paragraph 8 as it is not possible for Defendant to determine what is being requested by Plaintiff as the specific type of return and the year or years is not specified and therefore Defendant cannot determine what documents are requested for production. Date: May 14, 2007 & 1, 4 UJ Sally finder, Esquire Attorn for Defendant 9974 Molly Pitcher Highway Shippensburg, PA 17257 (717) 532-9476 t?,7 ?a r_:::s ?? -. . ^--J ? ? ' " --- -..? . - I"i t s . St` ?J : ; ? ri -'-? ` ? -< F:\FILES\General\Current\ 12504\12504. l . motcompel. wpd Revised: 6/18/07 3:02PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GENE H. HERSHEY, Defendant NO. 2004-2863 CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes Plaintiff Carol E. Hershey, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and moves this Honorable Court to compel Responses to Request for Production of Documents directed to Defendant: 1. The parties are engaged in a divorce action which was filed on June 22, 2004. 2. Defendant owns and operates a farm and a is partnership related thereto with his brother, and therefore exclusively controls the majority of the parties' marital assets. 3. Plaintiff served Request for Production of Documents on Defendant's counsel on April 13, 2007. A copy of the Request for Production of Documents Second Set is attached hereto as Exhibit "A." 4. On May 14, 2007, Defendant's counsel sent Plaintiff's counsel Defendant's Objections, attached hereto as Exhibit "B." 5. Defendant made no attempt to respond to any of the Requests, including attaching tax returns. 6. On June 7, 2007, Plaintiff's counsel (Spears) asked Defendant's counsel in person if she would be providing any other responses other than the objections she sent, to which she had no immediate reply. 7. Plaintiff's counsel then sent a letter again asking Defendant's counsel for the documents requested, a copy of which is attached hereto as Exhibit "C." 8. Only objections to the Request for Production of Documents Second Set have been received, and Defendant has not indicated there would be further response provided. 7. Defendant has violated Pa. R.Civ.P. 4009.12 by failing to respond to Plaintiff's Request for Production of Documents except to object to every request without proper basis under Pa. R.Civ.P. 4003.1-4003.6. WHEREFORE, Plaintiff, Carol Hershey, requests this Honorable Court to set a deadline for Defendant to respond to Request for Production of Documents or suffer sanctions, and schedule an argument on the matter. MARTSON LAW OFFICES i By ub Gilroy, Esquire Jennifer L. Spears, Esquire I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: June 18, 2007 F\FILES\DATAFILE\General\Cunent\1?504\1'_504. I .qpd I /tde Revised. 4/11,07 1 51 PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS SECOND SET TO: GENE H. HERSHEY, Defendant, and his attorney, SALLY J. WINDER, ESQUIRE Instructions and Definitions Plaintiff, Carol E. Hershey, and her attorney, Hubert X. Gilroy, Esquire, hereby propounds the following request for production of documents and tangible things pursuant to Rule 4009.1 et seq. of the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at Martson Law Offices within thirty days. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in frill. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection frilly and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are rei»inded that any objections not raised within the thirty-day period provided for by Pa.R.C.P. 4009.12 will be EXHIBIT "A" deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It also means you must produce documents and tangible things that are in the possession, custody, or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. "Plaintiff' means the plaintiff or plaintiffs named in this action. "Defendant" means the particular defendant or defendants in this action to whom this request is addressed, as set forth above. "Document," "record," "file," and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. "Identify" when used in reference to an individual means: (1) To state his/her full name. (ii) Present residence or last known residence. I . All statements, including canceled checks, check registers or stubs, and deposit slips issued by any bank, savings institution, or other financial institution from December 2004 through April 2005 for any accounts in which you had an interest, including partnership accounts. 2. Federal and state individual/joint personal and/or partnership income tax returns, and any amendments thereto, including W-2 Forms and all attached schedules, filed by you for 2005 and 2006. 3. Current and February 2005 statements from any and all investment accounts in which you had an interest in February 2005, including those held as Harper Hershey & Sons. 4. A list of all farm equipment owned in February 2005 by the Hershey Brothers partnership, including estimated values and the basis for those values. 5. A list of the cattle owned in February of 2005, including estimated values and the basis for those values. 6. A list of outstanding crops existing in February 2005, including estimated values and the basis for those values. 7. A list of all milk in production at that time and the value. 8. A list of all assets owned by Hershey Brothers partnership as listed on the partnership tax return. MARTSON LAW OFFICES B Hubert X. Gilro , Esquire Jennifer L. Spe rs, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: ?? ? 7 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Request for Production of Documents - Second Set was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 MARTSON LAW OFFICES B Ten East High Srfe Carlisle, PA 17613 (717) 243-3341 Dated: y(13167 CAROL E. HERSHEY Plaintiff V GENE H. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : NO. 2004-2863 : CIVIL ACTION - LAW IN DIVORCE OBJECTIONS TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS - SECOND SET Defendant, Gene H. Hershey files the following Objections to Plaintiff's Request for Production of Documents - Second Set: 1. Defendant objects to Plaintiff's request for documents as set forth from December 2004 through April 2005, as Defendant has produced relevant documents through year-end 2004 and the final separation of the parties. 2. Defendant objects to production of 2005 and 2006 tax returns, federal and state as they are inadmissible at trial of this matter and is not reasonably calculated to lead to discovery of admissible evidence. 3. Defendant objects to Plaintiffs request for February 2005, and current statements from any investment accounts as this information is not admissible at trial and is not reasonably calculated to lead to discovery of admissible evidence. 4. Defendant objects to Plaintiff's request for February 2005, listing of equipment and values as the information is not admissible at trial and is not reasonably calculated to lead to discovery of admissible evidence, as it does not request production of specified documents. EXHIBIT "B" 40 5. 6 7 8. Defendant objects to Plaintiff's request for February 2005, listing of cattle owned and values as the information is not admissible at trial and is not reasonably calculated to lead to discovery of admissible evidence as it does not request production of a specified document. No such document exists and if it did it would not be admissible at trial and is not reasonably calculated to lead to discovery of admissible evidence. Defendant objects to Plaintiffs request for production of documents in paragraph 7 as it does not specify a time and Defendant can not determine what time is intended to be "that time" as stated by Plaintiff. Defendant objects to Plaintiff's request paragraph 8 as it is not possible for Defendant to determine what is being requested by Plaintiff as the specific type of return and the year or years is not specified and therefore Defendant cannot determine what documents are requested for production. Date: May 14, 2007 wik?, W tv?k- Sally J. inder, Esquire Attorne, for Defendant 9974 Molly Pitcher Highway Shippensburg, PA 17257 (717) 532-9476 a ?s+? ;s the R 7't any hand ice, .,....., .I N -L RT S O N DEARDOOF \V 1 L L f.lA_-,'?1- S0 11-0 101 v t.. Ro ? MARTSON LAW OFFICES Wil.l.l \11 F. J()i iy B. FOW1.l :R III D_1ywi, K. D1C.uu)ORi+ Tl lml.vs 1. W111.1_vyIS* Iw Y. 0-rro III Humat- X, Gliatm Gl()w,r, B. F.u.1.1.R JR.* C.vRi. C. Risci i D.vv ro A. FrivsixtoNs CHRis'rom i iz F. Rice. J1(\\11:rR L. S)'r \Rs \11(H_vI:d. J. Cf)HAXS Sl "rl t T. 1lo);uw,), 10 F \s'r Hi(;i i STRkFT C_vR).lsl.l:., Pr.yysYl. N1v 17013 Trtrpi to -, ; (717) 243-3341 F wsimivr, (717) 243-11350 IyTIAMEr wwwmartsonlawcom June 7, 2007 VIA FACSIMILE TO (717) 532-3713 AND FIRST CLASS MAIL Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 RE: Hershey v. Hershey Our File No. 12504.1 Dear Sally: 'BOARD C1-.R1'IFlea CIVIL TwAL SPECIALIST As a follow-up to the voicemail message that I left you yesterday, and discussed with you today, please be advised that if we do not receive your client's responses to our Request for Production of Documents, or your assurance that they will all be answered, by Friday, June 15, 2007, we will be filing a Motion to Compel. If you know you will not be responding to the Requests, please advise whether you concur or not with our Motion in accordance with Local Rules. Very truly yours, MARTSON LAW OFFICES ?5_;= Jennifer L. Spears JLS/tde ma=r"' cc: Ms. Carol E. Hershey F \FILF.S\General\CulTent\12504\12504 sw3 wpd EXHIBIT "C" INFORMATION • ADVICE • ADVOCACY til .At TRANSMISSION VERIFICATION REPORT TIME : 06107/2007 02:11 NAME : MDW & 0 FAX : 717-243-1850 TEL : 717-243-3341 SER.# : BROM5J402857 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 06107 02:10 5323713 00: 00: 30 01 OK FINE ECM MARTSON DE,A.RDORFIP WILLIAMS OTTO C.. iLROY & FALLER ON MARTS Wmu.,?M R MARTSON CARL. C. FJWH , JOHN B. FOWLER III. X}AVTD A. FITZSIMONS LAW OFFICES DANIET, K. DEARDoRI-, 'r1-ioMAS J. WTr I.TnM",* CHMSTOPHPR E; RTCE Jt NNIPER L. sPt.:A.,RS No V. Oro III MICHAEL J..COLT.M.q 14 EAST HIGH Si1t1 E1 HUAF.RT X. Gu.Roy s1»"m T. Mommy CARLTSJ,T:, PENNSYLVANIA 17013 Gt" oRGG B. ) TJ,ER JR.* Tel.r•.P}moNP (717) 243-3341 `BOARD C8K17FI0A CrM TMAL. SPHCULIST FACsim E (717) 243-1850 IM1TRNvT wwwrnartsonlawcom June 7, 2007 VIA FACSIMILE TO (717) 532-3713 .AND` FIRST CLASS MAIL Sally J. Minder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 RE: Hershey v. Hershey Our File. No. 12504.1 Dear Sally: As a follow-up to the voicernail message that I left you yesterday, and discussed with you today, please be advised that 'if we do not receive your client's responses to our Request for Production of Documents, or your assurance that they will all be answered, by Friday, June 15, 2007, we will be filing a Motion to Compel. If you k«ow you will not be responding to the Requests,. please: advise whether you concur or not with our Motion in accordance with Local Rules. Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2863 : CIVIL ACTION - LAW GENE H. HERSHEY, Defendant IN DIVORCE CERTIFICATE I, Jennifer L. Spears, Esquire, wrote to Defendant's counsel on June 7, 2007, requesting Defendant's discovery responses. Defendant' counsel has not provided responses to Defendant's discovery requests, other than objections to all requests. MART O,N LAW OFFICES By Hube?t Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: June 18, 2007 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Plaintiff's Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 MARTSON LAW OFFICES By Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 18, 2007 F: \FILES\General\Current\ 12504\ 12 504.1. amendmentmotcompel Revised: 6/21/07 2:15PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff v. GENE H. HERSHEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2863 : CIVIL ACTION - LAW : IN DIVORCE ADDENDUM TO DEFENDANT'S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes Plaintiff Carol E. Hershey, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and requests this Honorable Court to attach this Addendum to Defendant's Motion to Compel Responses to Request for Production of Documents: 1. The Honorable Edward E. Guido has decided prior issues in this matter. 2. Defense counsel sought concurrence for this Motion from Plaintiff's counsel and such concurrence was denied. WHEREFORE, Plaintiff, Carol Hershey, requests this Honorable Court to set a deadline for Defendant to respond to Request for Production of Documents or suffer sanctions, and schedule an argument on the matter. Dated: June 21, 2007 MARTSON LAW OFFICES By Hub rt ilroy, Esquire Je fe L. Spears, Esquire I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Addendum to Plaintiff's Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 MARTSON LAW OFFICES Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 21, 2007 Q *. c- A m t ,7 n ?_. ?. "fi"T!r " • -< 10, JUN 18 2007, Oy CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF I Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. j NO. 2004-2863 i CIVIL ACTION - LAW GENE H. HE SHEY, Defendant IN DIVORCE ORDER AND OW, thiVS' day of , 2007, upon consideration of Plaintiff's Motion to Compel Requ st for Production of Documents Second Set, it is hereby ORDERED that Defendant shall answer P aintiff's Request for Production of Documents Second Set within twenty (20) days of the date of t is Order. Failure to comply with the time period set forth in this Order may result in the impositi n of sanctions including the preclusion of evidence and the imposition of attorney's fees. , J. cc: For Plaintiff: Jennifer L. Spears, Esquire 10 East igh Street Carlisle, PA 17013 For Defe ant: ally J. inder, Esquire 9974 M lly Pitcher Highwa, Shinnen burp. PA 17257 b(IlzVA IASNNDd 1 1 :6 WV 9Z NIAr LODZ K*iONGHJ_'-j'?d 3Hi 34 30 UjC*j--Q31W 10 s f In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY ) Docket Number 04-2863 CIVIL Plaintiff ) vs. ) PACSES Case Number 850107312 GENE H. HERSHEY ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of CAROL E. HERSHEY respectfully represents that on MAY 24, 2005 , an Order of Court was entered for CAROL E. HERSHEY A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21205 ,..sue u rM ? j r-I t n7 77 _' ?^Y "ecf f HERSHEY V. HERSHEY PACSES Case Number: 8501.07312 X 2. Petitioner is entitled to eincrease O decrease Q termination 0 reinstatement O other of this Order because of the following material and substantial change(s) in circumstance: WHEREFORE, Petitioner requests that the Court modify the existing order 12 Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date Service Type M X Petitioner Page 2 of 2 Form OM-501 Worker ID 21205 N s G =? -77 CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-2W CIVIL TERM GENE H. HERSHEY, IN DIVORCE Defendant/Respondent . PACSES Case Number: 850107321 ORDER OF COURT AND NOW, this 24th day of August, 2007, a petition has been filed against you, Gene E. Hershey, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person atthe Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on September 17.2007 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court mgy issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jeanne Costopoulos, Esq. Sally J. Winder, Esq. Date of Order: August 24. 2007 -'ellat--* t R. J. S day, conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 N 0 r -n -OM om :ma y. cn In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY ) Docket Number 04-2863 CIVIL Plaintiff ) VS. ) PACSES Case Number 850107312 GENE H. HERSHEY ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 17TH DAY OF SEPTEMBER, 2007 IT IS HEREBY ORDERED that the Q Complaint for Support or ® Petition to Modify or Q Other filed on AUGUST 23, 2007 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF NOT APPEARING, NOR COUNSEL APPEARING ON HER BEHALF, FOR THE SCHEDULED CONFERENCE ON THIS DATE, NOR DID PLAINTIFF PROVIDE VERIFICATION OF HER CURRENT INCOME. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: J L7 WESLEY DRO: R.J. SHADDAY Service Type M T L . JUDGE Form OE-506 Worker ID 21005 ry 4 C) W /^11 t W w In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY ) Docket Number 04-2863 CIVIL Plaintiff ) Vs. ) PACSES Case Number 850107312 GENE H. HERSHEY ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING APL ORDER 1. The petition of CAROL E. HERSHEY respectfully represents that on MAY 24, 2005 , an Order of Court was entered for CAROL E. HERSHEY A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21205 r V. HERSHEY PACSES Case Number: 850107312 HERSHEY 2. Petitioner is entitled to (?r"increase 0 decrease 0 termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: WHEREFORE, Petitioner requests that the Court modify the existing order (?a? rwi? Petitioner ttorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date Petitioner Page 2 of 2 Form OM-501 Service Type M Worker ID 21205 C w,. ---' ? d:y p ?l E ?-'} ::? CZ'{ ?--- --c". ? ; ?r' (.. - ? C?-{ ...." CAROL E. HERSHEY, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - DIVORCE NO. 04-2863 CIVIL TERM GENE H. HERSHEY, ; IN DIVORCE Defendant/Respondent : PACSES CASE NO: 850107312 ORDER OF COURT AND NOW, this 23rd day of October, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear beforeR. J. Shadday on November 27, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 I© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jennifer Spears, Esq. Sally J. Winder, Esq. Date of Order: October 23, 2007 s1• Sha, ay, C ference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 c? ? d -cl f C --^{ N -: CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND CO TY, PENNSYLVANIA VS. CIVIL ACTION - RCE GENE H. HERSHEY, Defendant/Respondent NO. 04-2863 CIVIL Tj IN DIVORCE PACSES Case N :850107312 AND NOW, this 8th day of November 2007, upon consideration of the tition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on December 13. 2007 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisl PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of November 27, 2007. j YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, includin (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have availal (6) IF you fail to appear for the conference or bring the required documents, warrant for your arrest. BY THE COURT, Edgar B. Bayley, PI A 4. Date of Order: November 8, 2007 R. J. Shagday, Copies mailed to: Petitioner Respondent Jennifer Spears, Esq. Sally J. Winder, Esq. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE C REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE HELP. CUMBERLAND COUNTY BAR ASSOCIA 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 W-2's as filed required by Rule 1910.11® to you Court may issue a ;nt Judge 4 ,e Officer WERENCE AND 7 FORD ONE, GO TO OR YOU MAY GET LEGAL cc361 C'. `?., c cy° ;? ? r- ?? ,?--, ? ? ,. ; , r? m d„ ( ?? ` ' (..il + n f? ? 4i CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-2863 CIVIL TERM GENE H. HERSHEY, IN DIVORCE Defendant/Respondent PACSES CASE ID: 850107312 ORDER OF COURT AND NOW, this loth day of December 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,010.41 and Respondent's monthly net income/earning capacity is $2,401.51, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Six Hundred Six and 00/100 Dollars ($606.00) per month payable as follows: $556.00 per month for Alimony Pendente Lite and $50.00 per month on arrears. First payment due on or before January 5, 2008 and by the 5th of each month thereafter. The effective date of the order is October 22, 2007. Arrears set at $1,019.35 as of December 14, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Carol E. Hershey. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 .r The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon the fact that the Respondent is receiving Social Security Benefits. Should the Social Security payments cease, the Respondent may petition the Courts for a modification. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, J. /,Wesley Oler, Jr:, 1 ` I/J , J. Mailed copies on: to: Petitioner Respondent Jennifer L. Spears, Esq. Sally J. Winder, Esq. DRO: R.J. Shadday rr y F -o n CAROL E. HERSHEY Plaintiff V GENE H. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2004-2863 CIVIL ACTION - LAW PACSES CASE ID: 850107312 IN DIVORCE REQUEST FOR HEARING DE NOVO Defendant/Respondent Gene H. Hershey does request a hearing de novo in the above captioned matter from the Order dated December 14, 2007 entered upon recommended order of the conference officer. Dated: January 7, 2008 Respectfully submitted, OJ4? Sally J. finder, Esquire Attorney for Defendant Gene H. Hershey 9974 Molly Pitcher Highway Shippensburg, PA 17257 ? c? ,."' ..?.? ? ? ? t . r?rs? _ °-e? ? r-- f ?? ?' ?-?°? ? (1.; CAROL E. HERSHEY Plaintiff V GENE H. HERSHEY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. t NO. 2004-2863 C IV CIVIL ACTION - LAW PACSES CASE ID: 850107312 IN DIVORCE Q ? c ;f e REQUEST FOR HEARING DE NOVO +r. Defendant/Respondent Gene H. Hershey does request a hearing de novo in the above captioned matter from the Order dated December 14, 2007 entered upon recommended order of the conference officer. Dated: January 7, 2008 Respectfully submitted, sic Sally J. %nder, Esquire Attorney for Defendant Gene H. Hershey 9974 Molly Pitcher Highway Shippensburg, PA 17257 c c7 ! c. 4 5 cn 5 1t7 -< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY ) Docket Number 04-2863 CIVIL Plaintiff ) vs. ) PACSES Case Number 850107312 GENE H. HERSHEY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, CAROL E. HERSHEY 3014 PINE VALLEY DR, NEW BRAUNFELS, TX. 78130-7006-14 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 On the 14TH DAY OF FEBRUARY, 2008 the prior hearing date of JANUARY 10, 2008 at 10 : 30AM fora hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M of Form CM-514 Rev. 1 Worker ID 21302 I HERSHEY V. HERSHEY PACSES Case Number: 850107312 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: Zen 11 a _" J. J SLEY OLER, JR., JUDGE YOU HAVE THE RIGHT TO A LOKWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type m Page 2 of 2 Form CM-514 Rev. I Worker ID 21302 ,..?, ?z i w? f)?. T plat ?a=• .?j't'. C.?? --? ..-' i ? 1 44 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY ) Docket Number 04-2863 CIVIL Plaintiff ) vs. ) PACSES Case Number 850107312 GENE H. HERSHEY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, GENE H. HERSHEY of 380 SPRINGFIELD RD, SHIPPENSBURG, PA. 17257-9557-80 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 14TH DAY OF FEBRUARY, 2008 at 10:30AM for a hearing. This date replaces the prior hearing date of JANUARY 10, 2008 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 Is HERSHEY V- HERSHEY PACSES Case Number: 850107312 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: I ?Z f/?j/? .#SLEY Of E#, JR., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21302 ..,, ?. ? `" ??, ??? ...r cr- ^?? ?_ S ? 4 ?? ? l ; "' ? ? L,Y ^y ?, S'f 4 - ^?Q ?'y ?'?^ .:?? ,?,,,,, ,?1; lam- ? , u?'.? y. ..:.'::.i ? .??+ -- e .» Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF FOR INTERIM COUNSEL FEES, COSTS AND EXPENSES AND NOW, comes Plaintiff Carol E. Hershey, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and petitions this Honorable Court to award Plaintiff interim counsel fees, costs and expenses from Defendant: 1. Plaintiff is Carol Hershey, an adult individual currently residing at 3014 Pine Valley Drive, New Braunfels, Texas (hereinafter referred to as "Wife") 2. Defendant is Gene Hershey, an adult individual residing at 380 Springfield Road, Shippensburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") 3. The parties were married on August 4, 1963. 4. The parties are engaged in a divorce action which was filed on June 22, 2004. 5. Husband owns and operates a farm and a partnership related thereto with his brother, Robert Hershey, and therefore exclusively controls the majority of the parties' marital assets. 6. During the marriage, Robert Hershey maintained the books for the businesses, Gene managed the operations, and they have an accountant. Wife performed physical labor on the farm. 7. Husband also operates a dog breeding business with his brother selling AKC Labrador Retriever puppies. During the marriage, Wife assisted with sales and scheduling. 8. Wife believes Husband pays all or the majority of his personal expenses through the partnership, and he lives in a house maintained and paid for by the partnership. 9. Wife has no business records of the partnership and dog business and has no access to same. Moreover, Wife is uncertain whether the business records maintained by Husband accurately reflect the revenue generated by the partnership and dog business. 10. Wife previously filed a Motion to Compel Discovery, to which Husband has still not fully responded. 11. By reason of this action and Husband's lack of cooperation with discovery, Wife has been and will be put to considerable expense in the preparation of her case, employment of counsel and other professionals, and payment of costs and expenses. 12. Wife anticipates extensive legal fees and costs in the preparation of her case for a final equitable distribution hearing. 13. Wife is in the process of retaining appraisers to appraise the equipment, machinery and cattle on the farms (there are four in the partnership). They have estimated their costs to be approximately $1,000 and $5 per cow, respectively. 14. The partnership has 4 farms in total, and Husband and his brother also own a cabin. 15. Wife has retained Larry Foote to appraise the real estate, which cost $4,600.00. 16. The marital increase in value of all the real estate, per Mr. Foote, totals $599,500.00 (half of the total increase in value during the marriage because the real estate is jointly owned with his brother). 17. Wife has retained an appraiser to appraise Husband's antique car, which cost $200.00. 18. Wife may also need to hire an accountant to value Husband's interests the partnership and dog business, and to evaluate Husband's income. 19. Wife is currently receiving APL in the amount of $556.00 per month, which may substantially decrease if Husband loses his Social Security, which he anticipated happening in early 2008. 20. Wife anticipates incurring at least $20,000 in counsel fees, costs and expenses, in addition to amounts already incurred. 21. Wife works full time but is unable to pay for the work necessary to prepare her case, while Husband enjoys little to no living expenses and has exclusive control of the marital property. 22. The Honorable Edward E. Guido previously signed an Order in this matter. 23. Opposing counsel has been informed of the contents of this Petition has not concurred with same. WHEREFORE, Plaintiff, Carol Hershey, requests this Honorable Court to award her interim counsel fees, costs and expenses in the amount of $20,000.00. MARTSON LAW OFFICES By Hubert X. Gilroy, Jennifer L. Spears, squire I.D. Nos. 29943 d 87445 10 East High Strbet Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: January_, 2008 CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Plaintiff's Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 MARTSON LAW OFFICES Shelly R. ooks Ten East gh Street Carlisle, 'PA 17013 (717) 243-3341 Dated: Januaryn?a, 2008 VERIFICATION The foregoing Petition for Special relief is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Carol E. Hershey ,?,SY':: ?,'-. ' ? ?: , .?._ "'? ? ? ? ^? l JAN 31 2008K CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2863 CIVIL ACTION - LAW GENE H. HERSHEY, Defendant IN DIVORCE ORDER AND NOW, this ! day of 008, upon consideration of the attached Petition for Special Relief for Interim Counsel Fees, Costs and Expenses, it is hereby Ordered that Defendant/Respondent show cause, if any there be, why Plaintiff is not entitled to the relief requested. A -M ` Rule returnable at a hearing scheduled for /S 600 in Courtroom No./, Cumberland County Courthouse, Carlisle, P-.?V T, Edward E. Guido, J. cc: For Plaintiff: nnifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 For Defe dant: Illy J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 J VINVAIASNIN?d 6 E :1 i WV ! - 833 8002 AdVioWriZOW 3H130 30H10-0311 CAROL E. HERSHEY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. NO. 2004-2863 V : CIVIL ACTION - LAW GENE H. HERSHEY Defendant : IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF FOR INTERIM COUNSEL FEES, COSTS AND EXPENSES COMES NOW, the Defendant, GENE H. HERSHEY, by and through his attorney, Sally J. Winder, Esquire, and does represent as follows in Answer and response to Plaintiff's petition for award of interim counsel fees, costs and expenses from Defendant: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. Admitted that the partnership is operated by Robert Hershey and Gene Hershey. Also admitted that Robert Hershey is the primary bookkeeper for the partnership and that the partnership employs an accountant. Because of Gene Hershey's heart condition, most of the partnership management is the purview of Robert Hershey. Denied that Carol Hershey performed physical labor on the farm. 7. Denied as stated. The dog breeding and kennel are owned and operated by the partnership and are part of the partnership business. Carol Hershey occasionally answered the telephone and took messages. 8. Denied as stated. The Defendant pays his personal expenses from his own account. Defendant lives in a house on the farm where the dairy barn and milking parlor are located as well as the dog kennel. Maintenance of the house is paid by Defendant. 9. Denied as stated. Plaintiff has been provided tax returns for the partnership as requested. Plaintiff is not a partner and therefore is not entitled to unfettered access to business records. The tax returns filed by the partnership accurately represent the revenue of the partnership which includes the kennel and "dog business". 10. Denied. On the contrary, Defendant has responded to all discovery motions. 11. Denied. On the contrary, Defendant has produced business and tax records in response to Plaintiff's Interrogatories and Requests for Production of Documents all of which were provided to Plaintiff s present counsel and also to Plaintiff's previous counsel in response to interrogatories and requests for documents. Defendant has also produced documents concerning financial matters at conferences and hearings at the Domestic Relations office and the Support Master's hearing. Therefore, Defendant believes he has co-operated in providing copies and information as requested. Defendant made an offer in writing to Plaintiff to settle all her claims in an October 20, 2005 letter. Defendant therefore believes he has provided relevant information and has done nothing to hinder this matter going forward and in fact he has attempted to settle the claims to no avail. 12. Denied as stated. Defendant believes he has made a reasonable offer to Plaintiff and that he has produced records which substantiate the reasonableness of his offer and that Plaintiff chooses to litigate this matter rather than attempt to settle claims thereby unnecessarily incurring additional expenses and attorney fees. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. Defendant has just received a copy of the appraisal and cannot determine the accuracy of the averment. The valuation will be an issue to be decided as part of the settlement of this matter or at further hearing. 17. Admitted. 18. Denied as stated. Defendant's interest in the partnership and dog business are not two different businesses. The dog business is included in the partnership. Defendant's income is derived from the partnership. 19. Admitted. Plaintiff is currently earning approximately $1,000.00 per month net and is alimony pendente lite from Defendant in the amount of approximately $303 per month. Plaintiff will qualify for Social Security benefits in August 2008 when she turns age 62. 20. Denied as stated. Plaintiff has already incurred the costs for appraisal of all substantial marital asstes. Therefore, Defendant believes Plaintiff will not incur additional costs and expenses in connection with valuing marital assets. Plaintiff has demonstrated her ability to afford attorney fees and costs to date and therefore she does not need assistance from Defendant. 21. Defendant pays his own living expenses including ongoing medical expenses in excess of $2,200.00 per year. Because of the nature of the farming operation and partnership which give rise to the marital asset claim, Husband does not have exclusive control of the marital property. And further, Wife is protected by an Order of Court dated May 13, 2005, preventing Defendant from liquidating or encumbering any assets held in joint names with Wife. Therefore, Wife has as much control over joint assets as does Husband. 22. Admitted. 23. Admitted. WHEREFORE, Defendant, Gene H. Hershey requests this Honorablr Court deny Plaintiffs request for award of interim counsel fees, costs, and expenses. Respectfully requested, Date: February 13, 2008 sov('' 10i Sally I Vdnder-, Esquire Attorney for Defendant 9974 Molly Pitcher Highway Shippensburg, PA 17257 VERIFICATION GENE H. HERSEY, states that he is the DEFENDANT in this action and that the foregoing Answer is true to his own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. This statement is made subject to the penalties of 18 Pa. C.S. Section 4004 relating to unworn falsifications to authorities, which provides that if I make knowingly false statements I may be subject to criminal penalties. ne H. Hershey ? c ?. a W ?? ' -??r 1. ? t? ? ?? _ .. --? F OLEWlients\12504 Hershey\12504.1.motcontinuance Revised: 2/14108 9:42AM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff v. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW, comes Plaintiff Carol E. Hershey, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and requests this Honorable Court as follows: 1. The parties are engaged in a divorce action which was filed on June 22, 2004. 2. A hearing is scheduled for Friday, February 15, 2008, before the Honorable Edward E. Guido. 3. The parties are in the process of negotiating a settlement and wish to continue the hearing for thirty days. 4. Opposing counsel concurs with this requests. 5. The Honorable Edward E. Guido has presided over this matter. WHEREFORE, Plaintiff, Carol Hershey, requests this Honorable Court to continue the hearing scheduled for Friday, February 15, 2008, for thirty days. MARTSON LAW OFFICES o,ted:,IMIn By I U K bert X. ih y, squire Jennifer L. Sp gars, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ••. I U, CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Plaintiff's Motion for Continuance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 MARTSON LAW OFFICES TAcia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: a I ?`?8 " '^a' a? , ?'. r? "?"1 ........{{ T - t S ..-° ? .? ?;i,.' '. ., ..i ?i ??? ? :J ,. ? -?s c?'? a, FEB 1.5 2008 CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW IN DIVORCE ORDER IoIA f" AND NOW, this day of p2008, upon consideration of Plaintiff's Motion for Continuance, it is hereby Ordered that the hearing schedulle_?d_? for Friday, February 15, 2008, is continued for 30 days. The hearing is rescheduled for Mme"' 3 , 2008, at 3 DO P .m., in Courtroom No. 3 of the Cumberland County Courthouse. COURT, , J. cc: For Plaii iff: ? Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 For Defendant: ?Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 OCT 1 F-5 M%t6CL 9Z --Z1 d 0Z 83.E 8002 '3M Jo In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY ) Docket Number 04-2863 CIVIL Plaintiff ) vs. ) PACSES Case Number 850107312 GENE H. HERSHEY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, CAROL E. HERSHEY of 3014 PINE VALLEY DR, NEW BRAUNFELS, TX. 78130-7006-14 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 19TH DAY OF MARCH, 2008 at 10:3 0AM fora hearing. This date replaces the prior hearing date of FEBRUARY 14, 2008 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 V. HERSHEY PACSES Case Number: 850107312 HERSHEY If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: c _ J. EY o , JUDGE YOU HAVE THE RIGHT TO A AWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESS YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21302 ? " ?? c'"3 ``` ? -i't "" ? .a ? S -c-+ ?`r?` __.3 --? : c="> ..- -'?.}I'Ci G:? = -1 y?? :-G ._ C`+- .-..,, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL E. HERSHEY ) Docket Number 04-2863 CIVIL Plaintiff ) VS. ) PACSES Case Number 850107312 GENE H. HERSHEY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, GENE H. HERSHEY of 380 SPRINGFIELD RD, SHIPPENSBURG, PA. 17257-9557-80 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 19TH DAY OF MARCH, 2008 at 10:30AM for a hearing. This date replaces the prior hearing date of FEBRUARY 14, 2008 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 w HERSHEY V. HERSHEY PACSES Case Number: 850107312 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 1 c _ J. YOU HAVE THE RIGHT TO A A/AWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEY OL?A, 5RL.-, JUDGE CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. Worker ID 21302 v7 "TF Phi a, r4) } ? a t ? CAROL HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 04-2863 CIVIL TERM GENE HERSHEY, CIVIL ACTION - LAW Defendant : ORDER OF COURT AND NOW, this 13th day of March, 2008, by agreement of the parties, the May 13th, 2005, Order of Court is vacated and replaced with the following: 1. The jointly held account Cadaret, Grant & Co., Inc., shall be liquidated and the net proceeds split equally between the parties. 2. Neither party shall sell, transfer, or encumber any interest in real estate or any other business interests other than the sale of crops or inventory in the normal course of business without the joinder of the other party or approval of this Court. This provision shall not preclude withdrawals from any existing lines of credit as long as the limits on those lines of credit are not increased without the consent of the other party or approval of this Court. 3. The Petitioner's claim for attorney fees and expenses of litigation shall be addressed by the Master. The distribution ordered herein shall be applied to each party's share from marital assets ordered by the Master as part of equitable distribution. The fact that • a this account is split equally does not in any way prohibit the Master from equitably distributing property in whatever percentages he deems appropriate. By the rt, Edward E. Guido, J. ,/Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 For the Plaintiff / ? Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 For the Defendant :mlc COPT c -?// 7/D f3 l4SS y ? , - c.,? B3Z X1:11 L l CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GENE E. HERSHEY, PACSES NO. 850107312 Defendant DOCKET NO. 04-2863 CIVIL TERM ORDER OF COURT AND NOW, this-15%"-day of March, 2008, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiffs petition for modification of alimony pendente lite, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master it is ordered and decreed as follows: A. The order dated December 14, 2007 is vacated. B. The order of May 24, 2005 is reinstated effective October 22, 2007. C. The order of May 24, 2005 is modified effective March 19, 2008 such that the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $266.00 per month. D. In all other respects the order of May 24, 2005 shall remain in full force and effect. Cc: Carol E. Hershey Gene H. Hershey Jennifer L. Spears, Esquire For the Plaintiff Sally J. Winder, Esquire For the Defendant DRO By the Court, T rr" w_ ?y. Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2863 CIVIL ACTION - LAW GENE H. HERSHEY, Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in February 2005 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: P - ,?22,3 -d F 0'-? 5? ??? Carol E. Hershey, Plaintiff 4 l ?."d rn F:\FILESThents\12504 Hershey\12504.1.af5davit of consent Revised: 8/13/08 3:37PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2863 CIVIL ACTION - LAW GENE H. HERSHEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: - a 3 -o Carol E. Hershey, Plaintiff r7l `- CAROL E HERSHEY _ IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA. Plaintiff Vs. GENE H. HERSHEY Docket No. 2004-2863 Defendant MOTION FOR APPOINTMENT OF MASTER _CAROL E HERSHEY (Plaintiff) l moves the court to appoint a master with respect to the following claims: Divorce Distribution of Property () Annulment () Support Alimony Counsel Fees X? Alimony Pendente Lite Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) @MXW appeared in the action ]WWAMW (by his attorney, Sally Winder, , Esquire). (3) The Staturory ground (s) for divorce (is) Irretrievable breakdown (4) Delete the inapplicable paragraph(s): a. The action is not contested. c. The action is contested with respect to the following claims: All above. (S) The action (involves) QUUMU NW complex issues of law or fact (6) The hearing is expected to take 2 DAYS OM" (days). (7) Additional information, if any, relevant to the motion: Date: October 2, 2008 v 11 Attorn for (Plaintiff) &Wt? Print Attorney Name ......... Jennifer L. Spears, Esquire ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: cli $vl ? i } cv = CIA 1 af LLJ c.3 J , -a rte, V t"i J 1' F , I In the Court of Common Pleas of Phone: CAROL E. HERSHEY, Plaintiff VS. GENE H. HERSHEY, Defendant CUMBERLAND County, Pennsylvania Fax: Docket Number _ Zbr63 ) PACSES Case Number 850107312 ) 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 CAROL E. HERSHEY 850107312 (Name) (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: -0 - d Plaintiff or Defendant INCOME Employer: Home Instead Senior Care Address: 171 East Garden Street, New Braunfels, TX 78130 Type of Work: Caregiver Payroll Number: 21 Pay Period (weekly, biweekly, etc): Semi monthly Gross Pay per Pay Period $ 600.00 Itemized Payroll Deductions: _0 Federal Withholding $ 58.00 FICA 17-nn Local Wage Tax State Income Tax Mandatory Retirement Union Dues Health Insurance Other (specify) Net Pay per Pay Period: $ 496.00 Service Type Form IN-008 Rev. 2 Worker ID • Income Statement (Continued) Other Income: Week Interest $ Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other Income - Joint Loan Support - Spouse TOTAL INCOME PROPERTY OWNED Description Checking accounts BOA Savings accounts BOA Credit Union Stocks/bonds Real Estate Other - Checking M&T Total INSURANCE Company Hospital Blue Cross Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other - Auto Nationwide "H=Husband; W=Wife; J=Joint; C=Child Service Type PACSES Case Number Month Year (Fill in Appropriate Column) 253.00 $ 266.00 $ $ 519.00 Ownership' Value H W J $ 124.00 987.00 75.00 $1,186.00 Coverage` Policy No. H W C PFE80023872601 J 7842A682280 W Page 2 of 3 Form IN-008 Rev. 2 Worker ID W 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): 13 (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or ® (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) (3 (1) partnership 13 (2) joint venture 13 (3) profession 13 (4) closed corporation (3 (5) other (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: Service Type Page 3 of 3 Form IN-008 Rev. 2 Worker ID a In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Phone: Fax: CAROL E. HERSHEY, ) Docket Number Plaintiff ) vs. ) PACSES Case Number 850107312 GENE H. HERSHEY, ) Defendant ) Other State ID Number Please note: All correspondence must include the PACSES Case Number. Guidelines Expense Statement EXPENSE STATEMENT OF CAROL HERSHEY 850107312 (Name) (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 unswom falsification to authorities. Date: 9-63-69- Plaintiff or Defendant Instructions: Guidelines Expense Statement - This form should only be completed 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 Year) Fill in Appropriate Column Mortgage (including real estate taxes and homeowner's insurance or $ $ $ 5,157.00 (rent & Health Insurance Premiums Unreimbursed Medical Expenses: Doctor 207.00 Dentist 2,135 00 Orthodontist . - Hospital 414.00 Medicine 706.00 Special Needs (glasses, braces, orthopedic devices, therapy) Service Type insurance) Form IN-008 Rev. 2 Worker ID 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 Other: (Specify) Total $ $ $ Page 2 of 2 Form IN-008 Rev. 2 Service Type Worker ID Department of the Treasury -- Internal Revenue Service Form Income Tax Return for gle and Joint Filers With No D ntS 27 A OMB No. 1545-0074 Label L Your social security number (See inst) A B 181-38-4102 Use the E Spouse's social security no. IRS label. ? ott i CAROL E HERSHEY terw ee, please H rint E 3 014 PINE VALLEY DR your SSmust enter N(s) above. °r E NEW BRAUNFELS TX 78130 Checking a box below will not Presidential Election Cam ai n change your tax or refund. p g (See Instructions) Check here if you, or your spouse if a joint realm, want $3 to go to this fund ? n you n Spouse I Wages, salaries, and tips. This should be shown in box 1 of your Fort(s) W-2. Income Attach your Form(s) W-2. 1 13 , 154 Attach Form(s) W-2 2 Taxable Interest If the total is over $1,500, you cannot use Form 1040fZ. 2 0 here. Enclose, but do not attach, 3 Unemployment compensation and Alaska Permanent Fund dividends (see instructions). 3 0 any payment. 4 Add lines 1, 2, and 3. This is your adjusted gross income. 4 13 , 154 5 If someone can claim you (or your spouse if a joint return) as a dependent, check the applicable box(es) below and enter the amount from the worksheet on page 2. Q You 0 Spouse If no one can claim you (or your spouse If a joint return), enter $8,750 if single; $17,500 if married filing jointly. See page 2 for explanation. 5 8 , 7 5 0 6 Subtract tine 5 from fine 4. If Iris 5 is larger than line 4, enter -0-. This is your taxable Income. ? 6 4 , 4 04 Paynleltta 7 Federal Income tax withheld from box 2 of your Form(s) W-2. 7 782 and tax sa Earned Income credit (EIC). as b Nontaxable combat pay election. 8b 9 Add Ines 7 and 8s. These are your total payments. ? 9 782 10 Tax. Use the amount on line 6 above to find your tax in the tax table in the instruction booklet. Then, enter the tax from the table on this line. 10 443 Refund 11a If line 9 is larger than One 10, subtract Ines 10 from One 9. This is your refund. Have It dy if Form 8888 is attached, check here ? t I 11 a 339 inst and fill ( and b,d1?, b- b Routing number 1 3 0 0 0 0 2 3? c Type: PQ Checking n Savings Form 8888. ? d Account number 10 0 5 8 6 4 6 9 1 3 6 2 Amount t2 it fine 10 Is larger than Ine 9, subtract Ine a from line 10. This is you owe the amount you owe. For detalls on hover to ay, see instructions. ? 12 0 .rhIrd party Do you want to aNow another person to discuss this return with the IRS (see instructions)? Yes. Complete the following. No designee Designee's Phone Personal identification name ? no. ? number(PIN) ? Sign Under penalties of perjury, I declare that 1 have examined this return, and to the best of my knowledge and belief, it is true, correct, and accurately fists all amounts and sources of income 1 received during the tax year. Declaration of preparer (other than the taxpayer) is based here on as information of which the preparer has any knowledge. Joint rerum? Your signature Date Your occupation Daytime phone number see instructions.' OUSE KEEPER 717-552-9698 for your copy Spouse's signature. If a joint return, both must sign. Date SpotaB s oCCUpallOn ' reCOrdS. " :......a t Preparees Date Check if self_ Preparees SSN or PTIN Paid signature 2-26-2008 loed 00805686 preparer's Flws name (or yours TAX MAN 1 EIN 42 -1547107 use only if self-ermpioyed), ,708 S BUSINESS IH35 STE B Phone no. address, and ZIP code NEWBRAUNFELS TX 78123-0 1 30-626-6150 For Disclosure, Privacy Act and Paperwork Reduction Act Notice, see tnstatx4lons. Form 1040EZ (2007) JVA 07 1040EZ1 TWF 21462 Copyright Forms (Software Only) - 2007 TW C w V 0 e • O N ¦ V s v O O M 'O w C w N gg ?a SILL V t? d ? Se?NOO o V4 O 9 OPIf g A ?3 S SgN N Sl9 ? ^ MA? ? H N ? N ? R i i i go 0 1 dD ai N eh ?C3 U U U U 19 C-j S m p 4 a_o Z N g gg? ?ao ?o ?a C Z e ? t m M = D 'ag C 8 ~ W M Iu U O 2 C m Q n 0 0 a ?i a ?j ?app l?ppoo p SOINOS (qy tl mm SaJf z h A q 4a V ? 77 O O ro FVVV 7. C "I N A P 1 3E U ? &S U M 1d gy p: C e; ri 9 U ? bt .b 0 a 1 .6 a 11,16, 0000 S CD co W N 4 a 2 N S 1 _TD K xy F:\F1LES\C1iwts\12504 Hershey\12504. Lmveotory Revised: 7/28/08 11:29AM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW : IN DIVORCE INVENTORY OF CAROL E. HERSHEY. PLAINTIFF Plaintiff, Carol E. Hershey, files the following Inventory of all property owned or possessed by either party at the time the parties were separated. Plaintiff verifies that the statements made in this Inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. J, e x zv? Carol E. Hershey, Plaintiff Date: F- 0,3 - 0,F ASSETS OF PARTIES Plaintiff, Carol E. Hershey, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit box () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home (X) 15. Businesses (list all owners, including percentage of ownership and officer/director positions held by a party with company) () 16. Employment/termination benefits - severance pay, worker's compensation claim/award O 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Educational benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (includes as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other LIABILITIES OF PARTIES Plaintiff, Carol E. Hershey, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED () 1. () 2. () 3. () 4. UNSECURED Mortgages Judgments Liens Other secured liabilities () 5. Credit card balances () 6. Purchases () 7. Loan payments () 8. Notes payable () 9. Other unsecured liabilities CONTINGENT OR DEFERRED () 10. Contracts or agreements () 11. Promissory notes () 12. Lawsuits () 13. Options () 14. Taxes () 15. Other contingent or deferred liabilities MARITAL PROPERTY Plaintiff, Carol E. Hershey, lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other or with any other person as of the date this action was commenced: Item Description of Property Name of All Owners Marital Values 1 380 Springfield Road Husband and 287,667.00 Robert Hershey 1 2003 Ritner Highway Husband and 77,000.00 Robert Hershey 1 10 Oakville Road Husband and 309,834.00 Robert Hershey 1 412 Springfield Road Husband and 188,000.00 Robert Hershey 1 Cabin at Three Husband and 63,500.00 Square Hollow Road Robert Hershey 2 Husband's truck Husband Unknown 2 Wife's car Wife Unknown 2 Antique Car Husband 22,000.00 - appraised 3 Cadaret Grant account Husband and Unknown Robert Hershey 3 Raymond James acct. Husband and Unknown Robert Hershey 15 Farm Assets: Cattle Husband and 191,925.00 Robert Hershey 15 Farm Assets: Equipment Husband and 88,625.00 and Machinery Robert Hershey 25 Personal Property Husband and Wife Unknown NON-MARITAL PROPERTY Plaintiff, Carol E. Hershey, lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description of Property Name of All Owners Reason for Exclusion Excluded Amount 1 380 Springfield Road Husband and Non marital portion To be determined Robert Hershey 1 2003 Ritner Highway Husband and Non marital portion One-half Robert Hershey 1 10 Oakville Road Husband and Non marital portion To be determined Robert Hershey 1 412 Springfield Road Husband and Non marital portion One-half Robert Hershey 1 Cabin at Three Square Husband and Non marital portion One-half Hollow Road Robert Hershey 3 Cadaret Grant Account Husband and Non marital portion One-half Robert Hershey 3 Raymond James Account Husband and Non marital portion One-half Robert Hershey 15 Farm Assets: Cattle Husband and Non marital portion One-half Robert Hershey 15 Farm Assets: Farm Husband and Non marital portion One-half Equipment & Machinery Robert Hershey 4 , 1 0 LIABILITIES Plaintiff, Carol E. Hershey, lists all liabilities of either or both spouses alone or with any person as of the date the action was commenced: Item Description of Liability/ Name of Names of All Amount of Liability Creditor Debtors PQ ? ? ? r ? NOV 1 4 Z008 Plaintiff Vs. GENE H. HERSHEY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004-2863 Defendant MOTION FOR APPOINTMENT OF MASTER CAROL EHERSHEY (Plaintiff) moves the court to appoint a master with respect to the following claims: Divorce "Distribution of Property () Annulment ( ) Support Alimony 0 Counsel Fees Alimony Pendente Lite Z4 Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) @MXW appeared in the action ?&AsWfiW (by his attorney, Sally Winder, , Esquire). (3) The Staturory ground (s) for divorce (is) Irretrievable breakdown (4) Delete the inapplicable paragraph(s): a. The action is not contested. C. The action is contested with respect to the following claims: All above. (5) The action (involves) MVMWW complex issues of law or fact (6) The hearing is expected to take 2 DAYS (11" (days). (7) Additional information, if any, relevant to the motion: Date: October 2, 2008 Attomiy for (Plaintiff) Print Attorney Name ......... Jenuifex. L. Spears, Esquire AND NOW, XMP 4? 17 , 20 08 Esquire is appointed master with;respect to the following claims: 7?,? ,Q.E7t.t? r - fell i g+? :g L t had BUZZ F:T1LES\Chcnts\12504 Hershey\] 2504. Linventoy Revised: 11/13/08 4:57PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF Income and Expewse Statement PACSES Case Number Section III: Exnene~ses Imstructions: Only ,how extraordinary expenses in this section unless you filled out Section tI on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot he determined according to the guideline grida or formula, this section must he rally completed. Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent s x450.00 s Maintenance ti Electric S x s Gas Oil Telephoro Water Sewer Employment Public Tn ort. S S $ Lunch a Real catate S s $ Personal Property I e Homeowner's $ S 5.00 $ Automobile so - nn Lift Accident Health Other u b' Payments $ S $ Fuel 120-00 Repairs Modica Doctor S S 18.00 S Dt ndst Orthodontist Hospital 5.00 tifedicinr 59.00 pee n Wames, braces, urthoDtific Y Y EXPENSES iFill in Appropriate Column) (continued) WEEK MONTH YEAR d Prl.ste School s S S Pa wd Schad College Rai' ious rononal Clow' $ s 80.00 s Fond 280.00 Barb"I Hairdrelaer 00 Credit Payments Credit Card 200.00 Charp %UQ*er&h4U - - 6.00 a - Credit Union S f S M' Household Fie S f s Child care Etuertainmea 20.00 Pa TV Vacation Gifts Legal fees area R , o ? k 20.00 U U w 1 w ld supon Afta" P'Uments Ot C S S S Total WEEK MEx ertses: S S I verify hat the ,wtements made to this Income and Expense Statement are true and correct. I understand that !alse. sratesnews herein are uh;ecl to the ;nminal penalties of tX Pa. C S. 3 4904, relating to tnsworn alsiiicati n to a ithor:tici 101Z C Dc to Plaintiff or Dcfeudant Page 3 of 3 Foim IN 009 Scrvice 'Cype ?l Worker ID i_,()1 Sv 7?? ' H - Husband; W - Wife; C - Child Section fl: Suoolementt?t Income Statement a. This form is to be filled out by a person ? (1) who operates a business or practices a procession, or ? (1) wha is a member of a partnership or joint venture. or ? (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 paAnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Proft and Loss Statement C. Nano of business: Address and telephone number: d. Nature of business (cli-ali one) ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other c. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (?) Gross income per pay period: 1) Net income per pay period: ,4) Specified deductions, if any. Page 2 of 3 Form IN-008 Service Type 1v1 Worker ID 21201 PACSES Case Number INSL'RANCF Coverage • . COMPANY POLICY M El W C Hospital Blue Cross Other Medical Btue Shield Other Health/Accident Disability Income Dental Other Income atui Expense Statement CG LLJ ;l Ll i " - o ° v N Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(¢, AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Carol E. Hershey, Plaintiff ALE;13..';' t j-, 0 OF THE P 2 CQ31 AirlR 28 ti 11, 0 CAROL E. HERSHEY, Plaintiff V, GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2863 : CIVIL ACTION - LAW : IN DIVORCE OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Gene Hershey, the within defendant, objects to the proposed subpoena that is attached to these objections, for the following reasons: 1. Plaintiff has had several years during the discovery period in this case to obtain the information sought by the subpoena, but chose to wait until discovery was almost closed. Plaintiff should be barred from serving this subpoena by the doctrine of laches, because of her inordinate delay. 2. The subpoena cannot be expected to produce information relevant to the income earned by Defendant's dog business or relevant to the valuation of defendant's dog business. The American Kennel Club (AKC) only keeps a record of registration of dogs and does not record valuation of dogs, or sale prices, of dogs. The AKC registration numbers do not correspond to a dog breeder's sales numbers, because AKC records do not reflect dog losses suffered by the dog breeder between the puppies' birth and sale age. 3. The subpoena is unnecessary, because Plaintiff could have obtained all the AKC registration information pertaining to Defendant's dog business from the Defendant, but during the discovery process, Plaintiff neglected to ask Defendant for this information. 4. The subpoena is unenforceable, because the Cumberland County Court of Common Pleas has no subpoena power outside the borders of Pennsylvania to compel a non-party witness to produce documents or things. Dated: August4 , 2009 Sally J. Wihder Attorney for Defendant, Gene Hershey P.O. Box 341 Newville, PA 17241 (717) 776-6656 MIARTSUN LAW UFFICES F'A'CE b5/11-1 49 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL E. HERSHEY, v. GENE H. HERSHEY, Plaintiff Defendant Fi1c No. 2004-2863 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO- RULE 4009,22 TO: AMERICAN KENNEL .LU o Entity) Within twenty (20) days after savvr subpoenk following documents or things you are ordered by the court to pr•xduce the Any and all documentation regarding the sale and registration of dogs between 2004-2009,under the names of: Hershe dale Kennels; Gene and/or Robert Hershey; Hershey Brothers and Harper Hershey and Sons-no later than 8/27/09. at Martson Law Offices 10 East Hi h Street Carlisle PA 17013 (Address} You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of cojmphance, to the party maleia8 this request at the address listed above. You have the tight to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the doiamtents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWDwG pE MN: NAME: Jennifer L. S ears Esquire ADDRESS: 10 East High Street Carlisle PA 17013 TELEPIiONE: 717-243-3341 8L?PR&11'IECOURTID# 87445 ATTORNEY FOR: _ P7 _nti f f ra=1-Hershey BY THE COURT: rroulonOtRry, Civil Division Date: Seal of the Court Deputy RLEU-t ; l";E OF THE P` 2009 AUG 26 AN 9: 10 curs ., 4 L IN PEi`,i' S LVAiN,A ..P TILES\CHMS\12504 Hmhey\12504.1.a0s Revised: 11/10/09 3:50PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Jennifer L. Spears, Esquire, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the attached Plaintiff's Affidavit Under Section 3301(d) and Defendant's Counter-Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sally J. Winder, Esquire P.O. Box 341 Newville, PA 17241 MARTSON LAW OFFICES Y Jenni L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: qJ IB , Ca q Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2863 CIVIL ACTION - LAW GENE H. HERSHEY, Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in February 2005 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. Date: - J. 3 -a S; 5 Carol E. Hershey, Plaintiff -77 Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: Gene H. Hershey, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. 2 JG 19 [1 J V 1 2 h: t i 9 02/02/2010 12:25 717-243-1850 MARTSON LAW OFFICES F.MLES?CktsiQS04Heid*r A12504.1.sA&Vitofeoma0 .h Revised: 2/210 0:26PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PAGE 02/03 CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2863 CIVIL ACTION - LAW GENE H. HERSHEY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. i- Dater 1A4 9, 0'zz? Q ? r*? C.r< 02/02/2010 12:25 717-243-1850 MARTSON LAW OFFICES PAGE 03/03 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES T.D. No 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(cj AND § 3301 d) OF THE DIVORCE CODE L I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not he divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dater - C? - io /10 Gene H ershey, Defendant 0 0 v r rr`° co co CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 2863 CIVIL GENE H. HERSHEY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , V 2010, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on February 2, 2010, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, OW4 cc: Jennifer L. Spears Attorney for Plaintiff /Sally J. Winder Attorney for Defendant 12TOES Mla L CL L KevA A. Hess, P -:. ° C* rn , ,c`-Y r v ca :Z ...o N w s' ,z F TILES\Cbents` 12504 Hershey\ 12504. Lcos Revised: 218/10 9:32AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff V. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2863 CIVIL ACTION - LAW IN DIVORCE Uj > ,m C l?? AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Gene Hershey at 380 Springfield Road, Shippensburg, PA 17257 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Gene H. Hershey" and dated June 24, 2004. Jen i er L. Spears,Esquire Sworn to and subscribed before me this I gay of FtUrLarn1 , o?pl U. Notary Public COMMONWEALTH OF PENNSYLVANIA Natrw Seal Melissa A. SdwllY, Notary Public Carlisle soro, Cumberland County MY Comm"on Bow Tan. 19, 2014 Member, Pennsylvania Association of Notaries ¦ 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: o S r,? ?'? Q?? ?d r 9A% Pe-1244 ? PA- t -7 2,5- 2. Article Number -7o o O 1,53o (transfer from service label) by B: Date of /I,_7t1 D`'1s ivery address different from item 1? ? Yes If S, enter delivery address below: ? No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) es 0001 boot 00,1"q PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 F:\F1LES%Chents112504 Hershey\12504.1.pratransmit Revised: 2/18/10 2:51PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2863 r>_ CIVIL ACTION - LAW 1 GENE H. HERSHEY, 1" '` s rim Defendant IN DIVORCE -- `` 1 ,)? ca c- PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court ft5r en . A divorce decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail, restricted delivery on June 24, 2004. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; August 23, 2008; by the Defendant; February 2, 2010. 4. Related claims pending: All claims have been resolved by an agreement dated February 2, 2010. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 28, 2009. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 4, 2010. MAR N LAW OFFICES By J4nnikeV L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 18, 2010 Attorneys for Plaintiff CAROL E. HERSHEY, Plaintiff VS. GENE H. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 2863 CIVIL c- IN DIVORCE THE MASTER: Today is Tuesday, Febryuy 2, 2010. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Carol E. Hershey, and her counsel Jennifer L. "lig f 13.5 ;? f'Cry Spears, and the Defendant, Gene H. Hershey, and his counsel Sally J. Winder. The purpose of today's hearing was to take testimony of witnesses with respect to the valuation of real estate that is owned by Mr. Hershey and of which Mrs. Hershey has a marital interest. We have had considerable discussion and the parties have advised the Master that a comprehensive agreement has been made with respect to all outstanding economic issues. The divorce complaint was filed on June 22, 2004, raising grounds for divorce of irretrievable breakdown of the marriage and economic claims of alimony, alimony pendente lite, equitable distribution, and counsel fees. With respect to grounds for divorce, Ms. Hershey has signed an affidavit of consent on August 23, 2008, which was filed 1 August 29, 2008, with the Prothonotary; she also signed a waiver of notice of intention to request entry of divorce decree on April 21, 2009, which document was filed with the Prothonotary on April 28, 2009. Mr. Hershey is going to be asked to sign an affidavit of consent and a waiver of notice after we take a break today. Those documents are going to be provided by Ms. Spears' office which will allow the divorce to then proceed under Section 3301(c) of the Domestic Relations Code. As noted, the parties have reached a comprehensive agreement which is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room, they are bound by the terms of the agreement as stated on the record. The parties are going to return later today to review the transcription of the agreement, make any correction of typographical errors as required, and then affix their signatures to the agreement affirming the terms of settlement as stated on the record. They will not be permitted to make any substantive changes and are bound by the terms of the agreement as stated on the record at the 2 time of the recitation of the agreement in the Master's office. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on August 4, 1963, and separated in February 2005. They are the natural parents of two children, both of whom are emancipated. Ms. Spears. MS. SPEARS: The parties have reached an agreement that will settle all claims. 1. Husband has agreed to pay to wife the sum of $400,000.00. $50,000.00 of that will be paid within forty-five (45) days of today and the balance of $350,000.00 will be paid by the end of August of 2010. Upon receipt by wife of the monies that she is receiving in accordance with the terms of this agreement, wife releases and waives any claims which she has to any real estate which is currently in husband's name or husband's name and any other parties. 2. Additionally, the remaining balance due under the note between Tracy Hershey, the parties' son, and both Carol and Gene Hershey will be paid solely to Carol Hershey and Gene Hershey assigns his interest in that loan to Carol. 3. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as 3 administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. SPEARS: Mrs. Hershey, did you hear and understand the agreement as stated? MS. HERSHEY: Yes. MS. SPEARS: Do you agree that that is your agreement to settle all claims relating to your divorce from Gene Hershey? MS. HERSHEY: Yes, I agree. MS. WINDER: Mr. Hershey, you were present, did you understand the terms of the agreement? MR. HERSHEY: Yes. MS. WINDER: Do you agree that those are the terms that you are going to be bound by? MR. HERSHEY: Yep. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 4 myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. Carol E. Hershey WITNESS: 2? Jenn'f L. Spears Attorney for Plaintiff Sally -.Winder Attorney for Defendant DATE: 2 1 2/ f /0 D G ne H. rsh 5 IN THE COURT OF COMMON PLEAS OF CAROL E. HERSHEY : CUMBERLAND COUNTY, PENNSYLVANIA V. GENE H. HERSHEY NO. 2004-2863 DIVORCE DECREE AND NOW, l?C b 2-Li J t is ordered and decreed that CAROL E. HERSHEY plaintiff, and GENE H. HERSHEY , 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 agreement dated February 2, 2010, is incorporated but not merged into this decree. By the Court, -7???o CAROL E. HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE n NO. 04-286$ CIVIL TERM _ GENE H. HERSHEY, IN DIVORCE -T"-' _ - i-,-, -- Defendant/Respondent PACSES CASE: 850107312 =_ r ORDER OF COURT - AND NOW to wit, this 9th day of March, 2010, it is hereby Ordered that the Order fd? Alimony Pendente Lite is terminated, effective February 24, 2010, pursuant to the parties' Divorce Decree. There is a remaining balance of $44.71 owed to the Petitioner and is to be paid in full within ten (10) days upon receipt of this order.. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Jennifer L. Spears, Esq. Sally J. Winder, Esq. Form OE-001 BY THE COURT: