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Home My WebLink About04-5443 l). S, WALTER FOULKROD, IV, ESQUIRE Pa, Supreme Court LD, No, 65207 HEATHER L, HARBAUGH, ESQUIRE Pa, Supreme Court LD, No, 83997 FOULKROD HARBAUGH 2843 N, Front Street Third Floor Harrisburg, Pennsylvania 17110 Telephone: [717] 777-7401 Facsimile: [717] 777-7402 Attorneys for: Plaintiff Todd Hobby TODD HOBBY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v, PATRICIA HOBBY Defendant :NO, ()c(- IJLf'-fj ~ :CIVIL ACTION - LAW :IN DIVORCE ." NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 If you do not file a claim for alimony, division of property, lawyer fees or expenses before a divorce or annulment is granted, you may lose the right to claim any ofthem, 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 ASSOCIATIO~N .1 2 LI::n::ftVi AVENUE ~ 0.. <:::.. I .:> CARLISLE PA 17013 J, fJ . ~ (717) 249'3166 S, WALTER FOULKROD, IV, ESQUIRE Pa, Supreme Court 1.D, No, 65207 HEATHER L. HARBAUGH, ESQUIRE Pa, Supreme Court 1.D, No, 83997 FOULKROD HARBAUGH 2843 N, Front Street Third Floor Harrisburg, Pennsylvania 17110 Telephone: [717] 777-7401 Facsimile: [717] 777-7402 Attorneys for: Plaintiff Todd Hobby TODD HOBBY Plain tiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v, PATRICIA HOBBY Defendant :NO, o/{- 5/1'13 :CIVIL ACTION - LAW :IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been names as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court, A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list, All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice, Failure to do so will constitute a waiver of your right to request counseling, S, WALTER FOULKROD, IV, ESQUIRE Pa, Supreme Court LD, No, 65207 HEATHER L, HARBAUGH, ESQUIRE Pa, Supreme Court LD, No, 83997 FOULKROD HARBAUGH 2843 N, Front Street Third Floor Harrisburg, Pennsylvania 17110 Telephone: [717] 777-7401 Facsimile: [717] 777-7402 Attorneys for: Plaintiff Todd Hobby TODD HOBBY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v, PATRICIA HOBBY Defendant :NO, 0'1- bLJ'-I3 :CIVIL ACTION - LAW :IN DIVORCE COMPLAINT UNDER ~3301 OF THE DIVORCE CODE L Plaintiff is Todd Hobby, who currently resides at 934 Maplewood Lane, Enola, Cumberland County, Pennsylvania, 2, Defendant is Patricia Hobby, who currently resides at 934 Maplewood Lane, Enola, Cumberland County, Pennsylvania, 3, Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4, The parties were married on October 21,2000, in Mechanicsburg, Pennsylvania, 5, Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments, 6, There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction, 7, The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling, 8, Plaintiff avers that the parties have no children together, COUNT I. REQUEST FOR A NO'FAULT DIVORCE UNDER ~3301(C) OF THE DIVORCE CODE 9, The prior paragraphs of this Complaint are incorporated herein by reference, 10, The marriage of the parties is irretrievably broken, 11. Mter ninety (90) days have elapsed from the date offiling of this Complaint, Plaintiff intends to flle an affidavit consenting to a divorce, Plaintiff believes that Defendant may also flle such an affidavit, WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of flling of this Complaint, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to Section 3301(0) of the Divorce Code, COUNT II. REQUEST FORA NO-FAULT DIVORCE UNDER ~3301(D) OF THE DIVORCE CODE 12, The prior paragraphs of this Complaint are incorporated herein by reference, 13, The marriage of the parties is irretrievably broken, 14, The parties are living separate and apart, and at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code, WHEREFORE, Plaintiffrespectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code, COUNT III, REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3323, ~3501, ~3502 AND ~3503 OF THE DIVORCE CODE 15, The prior paragraphs of this Complaint are incorporated herein by reference, 16, Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such a proportion as the Court deems just after a consideration of all relevant factors, WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code, COUNT IV, REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER 93104 OF THE DIVORCE CODE 17, The prior paragraphs of this Complaint are incorporated herein by reference, 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences, 19, To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties, WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree, Respectfully Submitted, BY: ~ Date: I 0 /r:5)!J/[)~ Heather L, Harbaugh, Esquir Foulkrod Harbaugh 2843 North Front Street Third Floor Harrisburg, PA 17110 (717) 777-7401 ID # 83997 ATTORNEY FOR PLAINTIFF VERIFICATION I, Todd Hobby, hereby swear and affirm that the facts contained in the foregoing Divorce Complaint are true and correct and are made subject to the penalties of 18 Pa, C,S,A Sec, 4904 relating to unsworn falsification to authorities, D"~ f/ ~ rd HObb/! , ~ ~ 9 fZ) c-... ~ - cf ...... c ~ ~ ~\ ~ - I 0 ! C- <...s:- '-/', , IV-. V\ '" ~ (') ...., c: = ~ = ~~1t .c- o 'i! ,) -< m:!J r- OJ,)',' N ~g --, co ~.~~:~ " :i! ~r\ :x (jf5 ~:';:(-i ~?( ~C: <;o;l c5rn 2''' s;' -~ N -< ::0 (.)1 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 7;;d'd 1o[,J,i Plaintiff VS ~'\P--I('(A I-I-,.,l'-..hv/ , ~efendant File No, OS! - _ c)L/Y -:s IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] -X- prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of 3m \i\-\S.Of'J written notice avowing his I her intention pursuant t.Q: the provisions of Date: diD rr\u1 n<:) --' , and gives this fl. J C / alf,//N' .~ ---->>-,'J/zf,1~ I Signature bfn e being resumed COMMONWE;),LTH OF PENNSYLVANIA ) COUNTY OF ('u~~ On the d1k'!!- day of /114/ ' 20CL5, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained, In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seaL NOTARiAl SEAL PROTHONOTARY, NOTARY PUBLIC CARlISlE CUMBERlANO COUNTY COURT HOUSE MY COMMISSION EXPIRES JANUARY 2, 2006 ~--\ (1 ~ . --'. i";;:) ~ 1t- c; -- C> \>'- ~ ~ '- l-'\ f'..'-.' <: c:J ~ 9f - TODD HOBBY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY. PENNSYLVANIA v. PATRICIA HOBBY Defendant :NO. 04-5443 :CIVlL ACTION - ILAW :IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 @ of the Divorce Code was filed on October 28, 2004, 2, The marriage of the Plaintiff and Defendant is irretrievable broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint, 3. I consent to the entry of a final decree in d vorce after service of notice of intention to request entry of the decree, 4, I have been advised of the availability of counseling, and understand that I may request that the Court require that my spouse and I participate in counseling, I further understand that the Court maintains a list of marriage counselors in the Prothonotary's office, which list is available to me upon request, Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, 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, Section 4904 relating to unsworn falsification to authorities, Date: (p/,;)3/()~ A"/ ,.....~~~-"/.~~/ - -/~%~ :6/ //,,~~/ ~ Todd HgM)y~t (') g 0 ~,: <J' ." \: l;::::. ~--n c-- P'r=:: AS: -0(1] N :Ji:j=! .t:"' .:?C} :<:'" '~~~ ~~4 :n: <. - {Srn {~';;;. ':..--1: :;! - ~ - - Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TODD HOBBY, vs. No, 04-5443 Civil Term PATRICIA HOBBY, Defendant. Civil Action - In Divorce AFFIQAVIT OF CON~ENl 1, A complaint in divorce under ~ 3301(c} of the Dil/orce Code was filed on October 28, 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. 4, I have been advised of the availability of marriagEI counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselol'll in the Prothonotary's Office, which list is available to me upon request Being so advised, I de) not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, ~ 4904 relating to unswom falsificetion to authorities, Date:~ maw' c?F- / /c " Z,&'~ '7Ci&/C(;;'~ 7 -- PATRICIA HOBBY Defendant ~; (,=~; S'-:: -:..., =< ...., = c.;:) <.n <- ~~~ N .. o ""I .-1 :I',l r;,p '''8 ::u L ]~.r~ ,~-. -'J ! ~~~,~ ~D :< :to. :x TODD HOBBY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY. PENNSYLVANIA v. PATRICIA HOBBY Defendant :NO. 04-5443 :CIVIL ACTION - LAW :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 33OHc} OF THE DIVORCE COOl 1, I consent to the entry of a final divorce decree 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 () decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, Date: 6/;23/00 (") c~" ,.., c' ,'" <f' '- c:: ...- ~- 1" ;;:- " ~i~ ~;:~ k-. -2 Q. .-\ :r:-n f11~ -ern :,-;C( ;:'?iC; ;~':1" _'~~ -'r~ <.?(~ ,~_~:..\\n CD ..<, P" :;:.c;:. - - - - v Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TODD HOBBY, vs. No, 04-5443 Civil Term PATRICIA HOBBY, Defendant Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE U.NDER ~ 3301'c) OF TH(:; QlVOBCE 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 affidavit alre true and correct understand that false statements herein are made subjec:t to the penalties of 18 Pa. C,S. 9 4904 relating to unsworn falsification to authorities, ",./-'/"; Date:~~ /lkw- 4F / ./' PATRI~5~~~;' /;y:~ Defendant , ,~ " F~_ :3 o c .' ...., =, r,,;';> <.n '- ~ o ." ,-j I-n n'r u,r. -:-;:jC} <?,fS N ?::: .,--.. , ..~.l \ ;('5 "':-c;:rn ~~.~ ~,>".. 5,::) ,< 01./- S'11./3 d~~L ~~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thip2>.A day of p~ 2005 between Todd A. Hobby, hereinafter referred to as "Husband"', and Patricia L's. Hobby, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 21, 2000 and WHEREAS, certain differences arose between the parties as a result of which they separated on October 26. 2004, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1 ~ 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement, Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since October 26, 2004, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estat<~ might be responsible and shall indemnify and save Husband harmless from any and air claims or demands made against him by reason of debts or obligations incurred by her, 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since October 26, 2004, he has not. and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by her. 2 ~ 6. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations ofthe Husband and Wife incurred prior to the signing of this agreement, except as follows: DESCRIPTION A. Mortgage on Marital Home B. Second Mortgage on Marital Home C. Third Mortgage on Marital Home D. Condo #1 Mortgage E. Condo #2 Mortgage F, 2005 Lexus G, 2006 Acura H. Credit Line AMOIDIT $174,000 $44,800 $22,000 $90,000 $52,000 PERSON H&W H&W H&W H&W H only Honly H&W H&W $8,000 The parties agree that Husband shall hereafter be rel3ponsible for paying debts A, B, C, E, F, G and H above, The parties agree that Wife shall hereafter be responsible for paying debt D above, Husband agrees to pay the outstanding joint debts as allocated, obtain a release and discharge of Wife's obligation of such debts as stated in this Agreement or within ninety (90) days after execution of this Agreement, whichever is earlier, and further agrees to indemnifY and save harmless Wife from any liability for such debts or obligations in the event that either party contracted or incurred any debts. other than those specifically identified herein since October 26, 2004, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been 3 ~ charged and agrees to indemnify and hold harmless the other for any liability for such debts. Wife agrees to pay the outstanding joint debts as allocated and further agrees to indemnify and save harmless Husband from any liability for such debts or obligations in the event that either party contracted or incurred any debts, other than those specifically identified herein since October 26, 2004, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts, 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his OJ' her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other. except any or all cause or causes of action for divorce and except in any or all causes of action f:Or breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.BA Section 3302. 4 ~~ 7. EQUITABLE DISTRIBUTION: A. Real Estate (]) Marital Home (934 Maplewood Lane, Enola, pA) The parties are the joint owners of real property at 934 Maplewood Lane, Enola, PA Wife hereby conveys unto Husband all of Wife's right, title and interest in this property. Husband shall refinance the three existing mortgages on this property on or before June 2005, thereby releasing Wife from any and all obligations associated therewith. Husband shall remain responsible for all cost associated with this property including real estate taxes, insurance, maintenance and utilities. Wife shall execute a transfer Deed reflecting her relinquishment, waiver and abandonment forever. Husband shall indemnify and hold Wife harmless for all past, present and future indebtedness on this property. Husband shall be entitled to claim all interest, real estate taxes and any other permissible expenses paid for the purposes of tax filings. The parties agree that Husband shall have so~e and exclusive possession of the marital premises as of October 26, 2004. (2) Condo #1 (4695 Wild Iris Drive, Apartment 202, Myrtle Beach, SC) The parties are the joint owners of real property at 4695 Wild Iris Drive, Unit 202, Myrtle Beach, SC, Husband hereby conveys unto Wife all of Husband's right, title and interest in this property. Wife shall refinance the existing mortgage on this property on or before September 2005, thereby releasing Husband from any and all obligations associated therewith. Wife shall remain responsible for all cost associated with this property including real estate taxes., insurance, maintenance and utilities. Husband shall execute a transfer Deed reflecting his relinquishment, 5 ~ waiver and abandonment forever. Wife shall indemnify and hold Husband harmless for all past, present and future indebtedness on this property. Wife shall be entitled to claim all interest, real estate taxes and any other permissible expenses paid for the purposes of tax filings. (3) Condo #2 (4773Wild Iris Drive, Unit 101, Myrtle Besch, BC) Husband was the owner of real property at 4773 Wild Iris Drive, Unit 101, Myrtle Beach, BC, Husband sold this property to Wife's parents, Any proceeds from the sale shall be Husband's sole and separate property, Husband shall indemnify and hold Wife harmless for all past, present and future indebtedness on this property, Husband shall be entitled to claim all interest, real estate taxes and any other permissible expenses paid for the purposes of tax filings until the time of sale. B. Contents of Wife's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property, Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife, C. Contents of Husbsnd's Residence: Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal it,ems in the possession of Husband. 6 ~ \ D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (l) Husband shall retain possession ofthe 2004 Lexus, and shall remain responsible for any debt associated with this vehicle, (2) Wife shall retain possession of the leased 2004 Acura. Husband shall remain responsible for any debt associated with this vehicle, Husband agrees to indemnify and hold Wife harmless on these lease payments and on the insurance premium payments relating to this vehicle for the period of obligations as set forth in the leasing and insurance contracts, (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Individual Retirement Accounts, Pensions and Employment BeneJits Each party shall retain sole ownership and control of their IRA's. Pensions and Employment benefits. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts, Husband shall retain all of the current balances in his current savings and checking accounts. G. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms ofthis Agreement, Husband hereby quitclaims, assigns and conveys to Wife all such property together with any 7 ~ insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms ofthis Agreement. Wife hereby quitclaims, 'assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 1. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other, J. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co' owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the propl~rty assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8 (j) {,f--~ K. Cash Payment: In consideration of the agreements set forth herein, Husband shall pay to Wife a cash payment of $10,000,00. A payment of $6,500.00 will be paid at the time this Agreement is executed by the parties. A second payment of $3,500.00 will be paid to Wife within one year of the date of the final divorce decree. The parties agree that this cash payment is only for the purposes of equitable distribution, and shall not be considered alimony. 8. LIFE INSURANCE: The parties have two (2) life insurance policies with an approximate cash value of $4,000.00. Husband agrees to transfer any and all interest in these policies to Wife. 9. ALIMONY: Alimony is waived by both Husband and Wife. 10. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions ofthis Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before during and after the commencement of the proceedings for divorce or annulment between the parties. 9 ~~ 11. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability, The parties agree to file joint tax,~s for the tax year 2004, and equally divide any refunds therefrom. The parties agree to file separately for 2005 and thereafter. 12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of 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 interests, rights and claims and both parties will revoke prior wills or testamentary documents. 10 ~~ 13, AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and b€,tween the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non'prosecution or non-defense of any action for divorce; provided, however; that nothing contained in thi!l Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been" mayor shall be instituted by the other party, or from making any just or proper defense thereto, If is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wif;e to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part, Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 11 ~~ 14. SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an adion for divorce under Sedion 3301 (c) or (d) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consents and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respeds survive the same and be fUrther binding as an enforceable contrad, conclusive upon the parties. 15. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an adion to enforce this Agreement is brought in Equity by either party, the other party will make no objedion on the alleged ground oflack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of 12 ~ the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one, B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay, C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and coots of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions ofthis Agreement by reason of any ofthe terms or provisions of this Agreement by reason of which either party shaJll be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, 13 ~:< execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal \lffect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs; of the other which has been requested by each of them or by their respective counseL 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and! separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa, C.S.A. Section 3501 et, alor any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital prolPerty, but nothing herein 14 ~~ contained shall constitute a waiver by either party of allY rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter ofthis Agreement. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 15 @~ 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 26, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successlors, and assigns. 16 ~~ 27. BANKRUPTCY: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor-spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Ft\derallaw) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor- spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor' spouse as set forth herein. including all attomey',s fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable. regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. IN WITNESS WHEREOF. the parties hereto have set their Hands and Seals the day and year first above written, (SEAL) /i ~l---4~ LfS:: I4b (SEAL) Patricia L.S. Hobby fj-- '/d/ '/#$ Witness 17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0JInb-tri tin, cI ss BEFORE ME, the undersigned authority, on this.,.2S- y.J day of fY} ~ . 2005, personally appeared Todd A Hobby, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed, WI GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS r:/ Jday of I~ 2005. NOTARIAL SEAL 'THOMAS C. HADLEY, Nol!lIy PublIc Httllvdtnl Twp" Cumberland County My Commission ExpIres Novo f1l. 2006 ~~ tJ_~ Notary Public in and for the Commonwealth of Pennsylvllnia COMMONWEALTH OF PENNSYLVANIA COUNTYOF /Hm~(~d ss 'II, BEFORE ME, the undersigned authority, on this ~F day of /J1 ~ 0 2005, personally appeared Patricia LoS. Hobby, known to me to be the person who ex uted the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. #. rvl GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS .2 J day of '7' 2005. NOTARIAL SEAL 1llOMAS C, HADlEY, NolaI)' Public Hampden Twp" Cumberland County My Commission ExpIres Nav, 19, 2006 '-;7~ /~ Notary Public in and for the Commonwealth of Pennsyl nia 18 (') c' r-' = .;.:;;.;:;;1 en '- ?~ -- N -' ;;"7 "':-"4 ""- -ct ~ .--l -r.~ fliP -em .,,0 i-'" ..... ..-,(.J -:~~:!, ~\'-\. C~0 >_-,In ~ ~t;-- ;~ -- o HEATHER L. HARBAUGH, ESQUIRE Pa, Supreme Court LD, No, 83997 17 West South Street Carlisle, Pennsylvania 17013 Telephone: [717] 204'1043 Facsimile: [717] 275-1043 Attorneys for: Plaintiff Todd Hobby TODD HOBBY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v, PATRICIA HOBBY Defendant :NO, 04'5443 :CIVIL ACTION- LAW :IN DIVORCE CERTIFICATE OF SERVICE I, Heather L, Harbaugh, Esquire, hereby certify that I served a true and correct copy of the Complaint for Divorce upon Patricia Hobby, Defendant, at 980 Derbyshire, Mechanicsburg, PA, on October 29, 2004, by First Class Mail and by Certified Mail, return receipt requested, and the same was received by her on November 5, 2004, as indicated by the return receipt card which is attached hereto, Heather L. Harbaugh, Esqui , , <--~~----'<.."-_._- ._~"~-~-_._~,,-- 2- ".. -OC:'.' n.~\ '.-;F- ~ ~ <e r- ::? (~~ (\~" &),r -',,",.., f;<t.-..' ":2,C1 ,..0 ;PC; Z; :.2 - N -0 ::;l: - .' - -- TOMASKO & KORANDA, P.C. By: Michael A, Koranda, Esquire PAID #58808 219 State Street Harrisburg, P A 17101 Phone: (717) 238-1100 mkoranda@t-klaw,com Attorneys for Defendant TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff7Respondent, : vs, No, 04-5443 Civil Term PATRICIA SMITHSON (HOBBY), DefendantJPetitioner, : Civil Action - In Divorce PETITION OF PATRICIA SMITHSON (HOBBY) TO ENFORCE MARITAL SETTLEMENT AGREEMENT NOW COMES Defendant/Petitioner, Patricia Smithson (Hobby), by and through her attorney, Michael A. Koranda, Esquire, and petitions this Honorable Court pursuant to 23 Pa, C,S, !I 3105, as follows: 1, Petitioner, Patricia Smithson (hereinafter, "Wife")., is an adult individual currently residing at 4695 Wild Iris Drive, Unit 202, Myrtle Beach, South Carolina, 29577, 2, Respondent, Todd A. Hobby (hereinafter, "Husband"), is an adult individual currently residing at 934 Maplewood Lane, Enola, Cumberland County, Pennsylvania, 17025, 3, On October 28,2004, Husband filed a complaint in divorce against Wife, 4, After extensive negotiations, on May 25, 2005, Hus:band and Wife entered into a Marital Settlement Agreement ("Agreement") determining their rights and obligations' under the Divorce Code of 1980, as amended. A true and correct copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein. 5. Paragraph 7(K) ofthe Agreement provides, in pertinent part: In consideration of the agreements set forth herein, Husband shall pay to Wife a cash payment of $10,000.00. A payment of$6,500.00 will be paid at the time this Agreement is executed by the parties. A second payment of $3,500.00 will be paid to Wife within one year of the date of the final divorce decree.... (Emphasis added). 6. Paragraph 8 of the Agreement provides: The parties have two (2) life insurance policies with an approximate cash value of$4,000.00. Husband agrees to transfer any and all interest in these policies to Wife. 7. Paragraph 11 of the Agreement provides, in relevant part: The parties have heretofore filed joint federal and state tax returns.... The parties agree to file joint taxes for the tax year 2004, and equally divide any refunds therefrom. 8. Husband has willfully and deliberately breached Paragraph 7(K) of the Agreement by refusing to make the lump sum payment of$6,500.00 to Wife on or before May 25,2005. After repeated demands and threats from Wife and Wife's counsd, Husband did make a payment of $4,000.00 to Wife on July 12, 2005, but Wife does not know when or if she will receive the remaining $2,500.00 from Husband. 9. Husband has willfully and deliberately breached Pamgraph 8 of the Agreement by refusing to transfer to Wife the two (2) life insurance policies with an approximate cash value of $4,000.00. -2- 10. Husband has willfully and deliberately breached Paragraph 11 of the Agreement by refusing to equally divide the parties' 2004 federal and stall: income tax refunds. Although Husband has denied Wife's repeated requests for copies of the 2004 joint tax returns, Wife believes, and therefore avers, that the parties received a refund of approximately $7,000.00. Wife further believes, and therefore avers, that Husband has already spent the proceeds of the income tax refund. 11. On June 6, 2005, counsel for Wife forwarded a letter to counsel for Husband regarding Husband's non-compliance with Paragraphs 7(K), 8 and 11. The letter advised that Wife would seek appropriate equitable and legal relief if Husband's default was not cured by June 10,2005. In addition, Wife has left numerous telephone and email messages with Respondent reminding him of his obligation under Paragraphs 7(K), 8 and 11 of the Agreement and inquiring as to the reason for Husband's non-compliance. As ofthe date of the filing of this petition, Husband has failed to explain why these obligations have not been satisfied. 12. Paragraph 15 ofthe Agreement allows either party to seek appropriate equitable and/or legal relief to enforce his or her rights under the Agreement. Paragraph 15(C) ofthe Agreement further provides, in relevant part: .... It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 13. Wife respectfully requests that Husband be found in breach of Paragraphs 7(K), 8 and 11 of the Agreement. -3- 14. Wife further requests this Honorable Court grant appropriate equitable and legal reliefto redress Husband's willful and substantial violations of the Agreement, including: (a) Directing Husband to pay Wife the remaining $2,500.00 due under Paragraph 7(K) ofthe with statutory inte:rest as of May 25,2005; (b) Directing Husband to immediately transfer to Wife the two (2) life insurance policies described in Paragraph 8, and, if Husband cannot do so, directing Husband to pay Wife the sum of $4,000.00 with statutory interest as of May 25,2005; (c) Directing Husband to provide a full and complete accounting of the parties' 2004 state and federal income tax refunds, including the dates and amounts of said refunds, and the disposition of said monies; (d) Directing Husband to pay Wife 50% of aU state and federal income tax refunds with statutory interest as of May 25, 2005; ( e) Directing Husband to pay any and all costs, expenses and counsel fees incurred by Wife in enforcing Husband's obligations under the Agreement; and (f) Such other relief as may be reasonable, appropriate and just. 15. Counsel for Plaintiff/Respondent does not concur with the instant Petition. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the instant petition and award the relief set forth above. -4- Respectfully submitted, TOMASKO & KORANDA, P.c. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 BYd4P~ PA ID #58808 -5- MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ,)5 JL.. day of '}7Cf.l 2005 between Todd A. Hobby, hereinafter referred to as "Husband"', and Patricia L.S. Hobby, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 21, 2000 and WHEREAS, certain differences arose between the parties as a result of which they separated on October 26, 2004, and now live separate and apart from one another, and are desirous of settling fully and finally their respective finanCJial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and NOW THEREFORE, in consideration of the above reeitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, ;successors and assigns thereby, covenant, promise and agree as follows: EXHIBIT A ~~ 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separslte and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since October 26, 2004, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and air claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since October 26, 2004, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her eS1~te might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by her. 2 Gi! ~ 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: DESCRIPTION A. Mortgage on Marital Home B. Second Mortgage on Marital Home C. Third Mortgage on Marital Home D. Condo #1 Mortgage E. Condo #2 Mortgage F. 2005 Lexus G. 2005 Acura H. Credit Line AMOUNT PERSON H&W $174,000 $44,800 H&W $22,000 $90,000 H&W H&W $52,000 H only H only H&W $8,000 H&W The parties agree that Husband shall hereafter be responsible for paying debts A, B, C, E, F, G and H above. The parties agree that Wife shall hereafter be respon!lible for paying debt D above. Husband agrees to pay the outstanding joint debts as allocated, obtain a release and discharge of Wife's obligation of such debts as stated in this Agreement or within ninety (90) days after execution of this Agreement, whichever is earlier, and further agrees to indemnify and save harmless Wife from any liability for such debts or obligations in the event that either party contracted or incurred any debts, other than those specifically identified herein since October 26, 2004, the party who incurred the debt shall be responsible for its payment regardless ofthe name in which the account may have been 3 ~ ~ charged and agrees to indemnify and hold harmless the other for any liability for such debts. Wife agrees to pay the outstanding joint debts as allocated and further agrees to indemnify and save harmless Husband from any liability for such debts or obligations in the event that either party contracted or incurred any debts, other than those specifically identified herein since October 26, 2004, the party who incurred the debt shall be responsible for its payment regardless ofthe name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 4 ~~ 15~ 7. EQUITABLE DISTRIBUTION: A. Real Estate (J) Marital Home (934 Maplewood Lane, EJ1ola, pAJ The parties are the joint owners of real property at 934 Maplewood Lane, Enola, PA. Wife hereby conveys unto Husband all of Wife's right, title and interest in this property. Husband shall refinance the three existing mortgages on this property on or before June 2005, thereby releasing Wife from any and all obligations associated therewith. Husband shall remain responsible for all cost associated with this property including real estate taxes, insurance, maintenance and utilities. Wife shall execute a transfer Deed reflecting her relinquillhment, waiver and abandonment forever. Husband shall indemnify and hold Wife harmless for all past, present and future indebtedness on this property. Husband shall be entitled to claim all interest, real estate taxes and any other permissible expenses paid for the purposes of tax filings. The parties agree that Husband shall have sole and exclusive possession of the marital premises as of October 26, 2004. (2) Condo #1 (4695 Wild Iris Drive, Apartment. 202, Myrtle Beach, SC) The parties are the joint owners of real property at 4695 Wild Iris Drive, Unit 202, Myrtle Beach, SC. Husband hereby conveys unto Wife all of Husband's right, title and interest in this property. Wife shall refinance the existing mortgage on this property on or before September 2005, thereby releasing Husband from any and all obliga.tions associated therewith. Wife shall remain responsible for all cost associated with this property including real estate taxes, insurance, maintenance and utilities. Husba.nd shall execute a transfer Deed reflecting his relinquishment, 5 waiver and abandonment forever. Wife shall indemnify and hold Husband harmless for all past, present and future indebtedness on this property. Wife shall be entitled to claim all interest, real estate taxes and any other permissible expenses paid for the purposes oftax filings. (3) Condo #2 (4773Wild Iris Drive, Unit 101, Myrtle Beach, SC) Husband was the owner of real property at 4773 Wild Iris Drive, Unit 101, Myrtle Beach, SC. Husband sold this property to Wife's parents. Any proceeds from the sale shall be Husband's sole and separate property. Husband shall indemnify and hold Wife harmless for all past, present and future indebtedness on this property. Husband shall be entitled to claim all inttlrest, real estate taxes and any other permissible expenses paid for the purposes of tax filings until the time of sale. B. Contents of Wik~Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife. C. Contents of Husband's Residence: Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband. 6 ~ D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) Husband shall retain possession of th,e 2004 Lexus, and shall remain responsible for any debt associated with this vehicle. (2) Wife shall retain possession of the lea;sed 2004 Acura. Husband shall remain responsible for any debt associated with this vehicle. Husband agrees to indemnify and hold Wife harmless on these lease payments and on the insurance premium payments relating to this vehicle for the period of obligations as set forth in the leasing and insurance contracts. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Individual Retirement Accounts, Pensions and Employment Benefits Each party shall retain sole ownership and control of their IRA's, Pensions and Employment benefits. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit cardl accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. G. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any 7 ~ insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H, Property to Husband: The parties agree that Husband shall own, !lossess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, 'assigns and conveys to Husband all such property together with any insurance policies covering that property, and BLny escrow accounts relating to that property. This agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 1. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non'taxable division of property between co. owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8 ~ K. Cash Payment: In consideration of the agreements set forth herein, Husband shall pay to Wife a cash payment of $10,000.00. A payment of$H,500.00 will be paid at the time this Agreement is executed by the parties. A second payment of $3,500.00 will be paid to Wife within one year of the date of the final divorce decree. The parties agree that this cash payment is only for the purposes of equitable distribution, and shall not be considered alimony. 8. LIFE INSURANCE: The parties have two (2) life insurance policies with an approximate cash value of $4,000.00. Husband agrees to transfer any and all interest in these policies to Wife. 9. ALIMONY: Alimony is waived by both Husband and Wife. 10. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before during and after the commencement of the proceedings for diivorce or annulment between the parties. 9 Ccl,4 11. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties agree to file joint taxes for the tax year 2004, and equally divide any refunds therefrom. The parties agree to file separately for 2005 and thereafter. 12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of 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 interests, rights and claims and both parties will revoke prior wills or testamentary documents. 10 ~ 13. AGREEMENT NOT PREDICATED ON DIVORCl<~: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery ofthis Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non"prosecution or non"defense of any action for divorce; provided, however; that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been" mayor shall be instituted by the other party, or from making any just or proper defense thereto. If is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wif€, to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for allY reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 11 ~ \:D 14. SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301 (c) or (d) of the Divorce Code. Simultaneously with the exeeution of this Agreement, both parties will execute Affidavits of Consents and Waivers of Notice to enable counsel for Husband to proceed with a no'fault divorce as soon as possible, providing counsel for Wife with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms ofthis agreement, which shall be incorporated by reference into the Divorce Decree, ;shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 15. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreem,ent, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of 12 ~ the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs oflitigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs oflitigation. It is the specific agreement and intent of the parties that 11 breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, 13 @ execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions ofthis Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge ofthe assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs; of the other which has been requested by each ofthem or by their respective counsel. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length oftheir marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and dema.nds that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 351H et. al or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein 14 Gt ,,- contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of aU assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defauilt of the same or similar nature. 21. PRIOR AGREEMENT: It is understood and agreed that any and aU property settlement agreements which mayor have been executed prior to the date and time of thi!l Agreement are null and void and have no effect. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenicmce only. They have no effect whatsoever in determining the rights or obligations of the parties. 15 a, ~~ 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. VOID CLAUSES: If any term, condition, clause or provision of this AgJreement shall be determined or declared to be void or invalid in law or otherwise then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 16 ~~~ 27. BANKRUPTCY: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor-spouse hereby waives, release8 and relinquishes any right to claim any exemption (whether granted under State or Fedlerallaw) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor- spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement ofthis paragraph or any other provision ofthlis Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and aU right to assert that any obligation hereunder is discharged or dischargeable. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. (SEAL) .) -hi7 'ht'( t, ( <;((, fL, Patricia L.S. Hobby ; (SEAL) / / /' /.4 / ;? ...../ .. :/ /'// /'?L "~~ Witness 17 /\}, \ COMMONWEALTH OF PENNSYLV ANlA COUNTY OF f'lf/>'II>cr/a"J ss BEFORE ME, the undersigned authority, on this r9ftA day of fY) ~ . 2005, personally appeared Todd A. Hobby, known to me to be the person who execute the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF' OFFICE THIS m~, 2005. ") 'I/. 0' r- day of NOTARIAL SEAl THOMAS C. HADlEY, Notary PubIlc Hampden Twp., Cumberland County My Commission ExpIres Nov. 19, 2006 '/~~. /~ Notary Public 10 and or the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY OF (14m IJ~" /",,, d ss BEFORE ME, the undersigned authority, 011 this ';.J~ day of ;1? ~ . 2005, personally appeared Patricia L.S. Hobby, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. m GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ..2 S-",(day of ~, 2005. NOTARIAl SEAl THOMAs C. HADlEY, Notary PublIc .~Ijlden Twp., Cumberland 00unlY Mr OOmmlsslon Explres Nov. 19, 20lie ~~,/~ Notary Public in an~r the Commonwealth of Pennsylvania 18 -\ ,~ VERIFICATION OF COUNSEL I, Michael A. Koranda, Esquire, verify that I am the attorney for the DefendantlRespondent in this action. I reviewed the foregoing PETITION with the Defendant/Respondent, who represented that it is true and corr<ect to the best of her knowledge, information and belief. Defendant/Respondent understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authori ies, ,#~ MICHAEL A. KORANDA Dated: 07 Jt;> /OS C) c: i ,I (~:^ -!. r-' = c;::;) "" <-- C: r-'- o -n -< :!:-n en-. ~ -r:t,1' -.00 r'J,', '~~ .,'. =T: -1-1 '-~~~ ,. ) ~--\ ~ '< 0:> ..,., ::~ '? N $- - TODD HOBBY, ~ECEIVED JUL 19 20m S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, vs. No. 04-5443 Civil Term PATRlCIA SMITHSON (HOBBY), Defendant/Petitioner. : Civil Action - In Divorce ORDER AND NOW, this I- 'd'" day of ~ ,2005, upon consideration of the Petition of Petitioner, Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) (3) (4) (5) (6) the Respondent shall file an answer to the petition within date; ,0 days ofthis the Petition shall be decided under Pa. R.C.P. No. 206.7; depositions shall be completed within S"D days of this date; argument shall be held on 5Arr:.J~ "'c. , 2005, at B".' ~O A."" . in Courtroom No. r of the Cumberland County Courthouse; notice of the entry of this order shall be provided to all parties by the Petitioner. , J. A.lNr!CY",i c"""'n'" -'t~/';) J 6S :6 Hl! S2lnr 500l A\:Nl0NOHlCCid 3H.i :10 3:)I:HO-0311:1 TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 04-5443 C1VIL TERM PATRICIA SMITHSON (HOBBY), Defendant/Petitioner CIVIL ACTlON - IN DIVORCE PLAINTIFF'S ANSWER TO PETITION OF PATRICIA SMITHSON (HOBBY) TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW COMES, Plaintiff/Respondent, Todd Hobby by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Answer to Petition to Enforce Marital Settlement Agreement and in support thereof avers as follows: 1. Admitted. 2, Admitted, 3, Admitted. 4, Admitted, 5. No response required, The Agreement speaks for itself. 6. No response required, The Agreement speaks for itself. 7, No response required, The Agreement speaks for itself. 8, Denied, Husband communicated directly with Wife's counsel via electronic mail, his desire to pay $4,000,00 in July 2005 and the remaining $2,500.00 in August 2005. Thereafter, Wife contacted Husband and indicated her agreement with his proposal. In accordance with the agreement, Husband paid $4,000,00 to Wife on July 12, 2005, Husband's attorney, who has just recently entered her appearance, notified Wife's MEYERS, OESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236-2817 attorney of receiving the additional $2,500.00 and has offered to settle the matter in full. See attached letter from Husband's counsel to Wife's counsel dated August II, 2005 attached hereto and hereinafter referred to as Exhibit "A." 9. Denied. There are no life insurance policies to transfer to Wife. Wife cashed one life insurance police and retained the proceeds, Husband cashed the other life insurance policy and retained the proceeds. 10. Denied. Notably, there is no time frame set forth in the parties' Marital Settlement Agreement for this payment to be made. It has always been the parties understanding that Husband will pay Wife her portion of the 2004 tax refunds once he has refinanced the former marital residence, Husband is in the process of obtaining said refinance and has advised Wife of same. II. Admitted in part. Denied in part, While it is admitted that Wife's counsel may have forwarded certain correspondence, it is denied that Husband has failed to explain when the payments may be anticipated, The parties reached a separate agreement as to the terms of paragraph 7 (K) and Husband has fulfilled same. As to paragraph 8, there are no life insurance policies to transfer. Indeed, Wife even cashed one of said policies and retained the proceeds. As to paragraph II, it was always the parties' understanding that Husband would fulfill his obligations once he had secured a refinance of the former marital residence. Husband is in the process of obtaining said refinance and has advised Wife of same, 12. No answer required. The Agreement speaks for itself. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236.2817 13. This averment is a prayer of relief and no answer is required, 14, This averment is a prayer of relief and no answer is required. 15. Admitted. WHEREFORE, Plaintiff/Respondent respectfully requests this Honorable Court deny Defendant/Petitioner's Petition to Enforce Marital Settlement Agreement. Respectfully submitted, Catherine A, Boyle, Esquir Attorney 1.0. 76328 Meyers, DEs for, Saltzgiver & Boyle 4] 0 North Second Street P,O, Box] 062 Harrisburg, P A 17] 08 (717)236-9428 Attorney for Plaintiff/Respondent 4 MEYERS, OESFOR, SALTZGIVEA & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 LAW OrrlCES MEYERS, DESFOR, SALTZGIVER & BOYLE ;;. 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS 0915-19701 SRUCE: D. DE5F'OR LAURIE A. SAL TZG1VER CATHERINE. A. BOYLE KELLY K. SMITH HARRISBURG, PA, 17108 (717) 236-9428 August 11. 2005 rAX (717) c36-c817 WE8SlTE WMV.meyersdesfor.com EMAIL JsaltzgiverCmeyersdesfor.com cboyle@meyersdesfor.com ksmith@meyersdesfor.com VIA FAX & U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, P,C, 219 State Street Harrisburg, PA 17101 RE: Todd Hobbv v. Patricia Hobbv Dear Mike: Please be advised that Mr. Hobby has delivered a check to my office made out to your client in the amount of $2,500,00 as we discussed yesterday, He is also in the process of obtaining the additional $3,400.00 which represents your client's portion of the 2004 tax refund. However, the issue concerning the life insurance policies remains outstanding, I am interested to know what your suggested solution of this matter might be, Mr. Hobby is prepared to release the sums to your client once we are able to resolve all outstanding issues, including the life insurance issues, Kindly advise to your position at your earliest convenience, Very truly yours. CAB/vjh cc: Todd Hobby I "An VERIFICATION I, Todd Hobby , verify that the statements made in this Plaintiff's Answer to Petition of patrici Smithson (Hobby) to Enforce Marital Settlement Agreement are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 8/18/2005 (X) ( ) II I, Ii Ii II II MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 04-5443 CIVIL TERM PATRICIA SMITHSON (HOBBY), Defendant/Petitioner CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERV1CE I hereby certify on this I ffe day of ~ t ,2005, that a copy of the foregoing Plaintiffs Answer to Petition of Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement was mailed, first-class, postage pre-paid to: Patricia Smithson (Hobby) c/o Michael Koranda Tomasko & Koranda 219 State Street Harrisburg, PAl 7 10 I Catherine A. Boyle, Esquire Attorney for Plaintiff/Responoent 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 1710B (717) 236.9428 . FAX (717) 236-2817 o f; ...., c.~.) ;:::::.::> eJ' "... c: l:;'') co o -n .-1 T:n n'!--- --n~ri ~-. ~~ ~~~ ,.( "11 ~.J (,,) ";. :. ~ r~ (~:~ "'0 .< ":- CJ> V' TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 04-5443 CIVIL TERM PATRICIA SMITHSON (HOBBY), Defendant/Petitioner CIVIL ACTION - IN DIVORCE MOTION FOR PROTECTIVE ORDER AND NOW COMES, Plaintiff/Respondent, Todd Hobby, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Motion for Protective Order and in support thereof avers as follows: I. Petitioner is Todd Hobby, Plaintiff, m the above-referenced action (hereinafter "Husband"), 2, Respondent is Patricia Smithson (Hobby), Defendant, in the above-referenced action (hereinafter "Wife"), 3, On or about July 18,2005, WifefiledaPetitionto Enforce Marital Settlement Agreement. 4. On or about August 18,2005, Husband filed an Answer to said Petition. 5. On August 31, 2005, Husband's counsel hand-delivered checks totaling $7,516.52 to Wife's attorney, the amount owed pursuant to the Marital Settlement Agreement. 6, The amount consists ofthe balance of a lump sum payment, half of the 2004 joint income tax refunds and Husband's proceeds from a life insurance policy. 7, There is no dispute as to the amount ofthe lump sum payment, as the terms are set forth in the parties' Agreement. 8. There is no dispute as to the amount of the income tax refunds, as the parties filed jointly MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717)236-9428 . FAX (717) 236-2817 using an accountant and the Agreement sets forth that the parties shall split same equally. 9. There is no dispute concerning the amount of the life insurance proceeds, because Husband supplied to Wife a letter from New York Life Insurance setting forth the amount he received, 10, The only outstanding issue is Wife's demand for interest and attorney's fees. Husband even offered to pay the interest and an amount towards attorney's fees. 11. Moreover, Husband believes that Wife has not actually incurred or paid any attorney's fees, Wife's attorney is a close personal friend who Husband believes represented Wife in the divorce action free of charge, 12. Wife refuses to settle the mattenilltil Husband pays in excess of$l ,000.00 in interest and attorney's fees, 13, ln order to force Husband to pay the demanded amount, Wife's attorney contacted Husband's attorney to schedule a deposition, Husband's attorney advised of several dates, well in advance of the September 26'h hearing, that both Husband and Husband's attorney were available, 14, Husband's attorney further noted that she was leaving for a family vacation on Friday, September 2, 2005. Said vacation has been planned for two years and involves parties other than counsel's immediate family, 15, Wife's attorney deliberately scheduled a deposition for Friday, September 2nd, by sending notice of same only five business days prior to the deposition, 16, Wife's attorney also served Interrogatories demanding answers to same in exchange for 3 MEYERS, OESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET " p.o. BOX 1062 " HARRISBURG, PA 1710B (717) 236-9428 " FAX (717) 236-2817 the mere possibility of rescheduling the deposition, 17, Husband believes that Wife and Wife's attorney's actions are unreasonable and nothing more than mere harassment. 18. Wife failed to supply Husband reasonable notice of the deposition. 19, There are no other available attorneys in Husband's counsel's office to attend the deposition on Husband's behalf. WHEREFORE, Plaintiff, Todd Hobby, respectfully requests this Honorable Court grant his Motion for Protective Order and reschedule the deposition for September 19, 2005. Respectfully submitted, / Catherine A. Boyle, Esquir Attorney I.D, 76328 Meyers, DEs for, Saltzgiver & Boyle 4 ION orth Second Street P,O, Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 4 MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET ,. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 VERIFICATION I, Todd Hobby , verify that the statements made in this Motion for Protective Order are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 8/31/2005 (x II II II II )i if , I) I, " II Ii iI MEYERS, OESFOR, SAlTZGlVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 .. FAX (717) 236-2817 TODD HOBBY, Plaintiff/Respondent lN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 04-5443 CIVIL TERM PATRICIA SMITHSON (HOBBY), Defendant/Petitioner CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this3(1! day of l7*' 2005, that a copy ofthe foregoing Motion for Protective Order was hand-delivered to: Patricia Smithson (Hobby) c/o Michael Koranda Tomasko & Koranda 219 State Street Harrisburg, PA 17101 athenne A. Boyle, Esquire Attorney tor Plaintiff/Responde t MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 .. HARRISBURG, PA 17108 (717) 236.9428 .. FAX (717) 236-2817 t! () ro, ...., ('.':) C:,';) CJ' () .." --1 ~ f,l~ e', C;J ,- C) ~~'~ (~ C'S''1'l .".1 " ~i:J ,< "'l::'-'" C': C') C.) .!.:"- G'" , JJRECEIVED AUG 31 ~ TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO. 04-5443 CIV1L TERM PATRlCIA SMITHSON (HOBBY), : Defendant/Petitioner CIVIL ACTION - IN DIVORCE ORDER AND NOW, on this I~day of 9-~ 2005, it is hereby ordered that Plaintiffs Motion for Protective Order is granted and the deposition is rescheduled for ./ . J. MEYERS, DESFOR, SALTZGIVER '" BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (711) 236-9428 . FAX (717) 236.2817 ~::;."'Jn:) I S :2 Hd I - J3S SDDZ i\:'\II("'; f.Jf,f,' 0"".11 -10 1\.1".\,'...;,."..., u..,--,.,;;,;Q _..I -' ;8;:J:10-0~n::1 08/31/2005 16:16 71 72386190 TOMASKO&KORANDA PAGE 02 TOMASKO & KORANDA, P.c. By: Michael A. Kora:nda, Esquire PAlD#58808 219 State Street Harrisburg, P A 17101 Phone: (717) 238-1100 rnkoranda@t-klaw,com Attorneys for Defendant TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaintifilRespondent, : vs_ - No. 04-5443 Civil Term PATRICIA SMITHSON (HOBBY), DefendantIPetitioner. : Civil Action - In Divorce ANSWER OF PATRICIA SMITHSON (HOBBY) TO MOTION FOR PROTECTIVE ORDER NOW COMES DefendantIPetitioner, Patricia Smithson (Hobby), by and through her attorney, Michael A, Koranda, Esquire, and answers the Motion f;Dr PrC1tective Order filed by Plaintiff7Respondent, Todd Hobby, as follows: 1. Admitted. 2. Admitted. 3, Admitted. 4. Admitted. By way of further response, Husbmd's Answer to Wife's Petition to Enforce Marital Settlement Agreement was originally due on or before August 11,2005, as set forth in this Court's Order ofJuly 22.2005. (Exhibit A). On August 10,2005, Husband's cOllllsel telephoned counsel for Wife md asked for an extension of time to file the Answer. Out 08/31/2005 15:15 7172385190 TOMASKO&KORANDA PAGE 03 of professional coU{1:esy, counsel for Wife agreed to extend the d.ate to August 19,2005, even though it shortened the time in which Wife. could obtain discovery under the Order. The Answer filed by Husband denied the material allegations of the Petition. S. Admitted in part; denied in part. It is admitted that on August 31, 2005, Husband's counsel hand-delivered two (2) checks to Wife's counsel (Check No. 636 dated August 11, 2005 in the amount of $2,500,00 and Check No. 658 dated September 1, 2005 in the amount of$5,016.52). (Exhibit B). For reasons explained in Paragraph Nos, 6-10, infra, it is denied that these payments represent "the amount owed pursuant to the Marital Settlement Agreement," 6. Admitted in part; denied in part. It is admitted that the check for $2,500.00 represents the remaining amount Husband owed Wife as of May 25, 2005, under Paragraph No, 7(K) ofthe Agreement. It is denied that the checks tendered by Husband on August 31, 2005, satisfy his other past-due obligations under the Agreement. By way of furtheuesponse, Husband has repeatedly refused Wife's requests for copies of the parties' 2004 in,come tax returns, which are in his exclusive possession. To this day, Wife does not know much Husband received, when he received it, or what he did with the money (Husband had the tax refunds direct-deposited to his own bank account). On August 22, 2005, .;ounsel for Wife fonnaUy requested that Husband provide copies of these income tax returns. (EXhibit C). By letter dated August 24, 2005, counsel for Husband refused said request on the basis that Wife could "access tbis information on her own." (Exhibit D). Withou.t copies of the income tax returns, 'Wife is unable to admit or deny that check for $5,016.52 tendered on Aug~st 31, 2005, satisfies Husbands past-due obligations under the Agreement. -2- 88/31/2005 15:c5 7172385190 TOMASKO&KCRANDA PAGE 04 7. Admitted- It is admitted that there is no dispute as to the payment of$2,500.00. 8, Denied. See Paragraph No.6, infra. 9, Admitted. By way of further response, under Paragraph 8 ofthe Agreement signed on May 25, 2005, Husband was required to transfer all rights to two (2) life insurance policies "with an approximate cash value of $4,000.00" to Wife. Husband's Answer, filed on August 18, 2005, disclosed for the first time that he had cashed one (l) of the policies. (See Paragraph No, 9 of Answer), Then, on August 24, 2005, Husband's counsel provided documentation reflecting that Husband had cashed the policy sornetinw prior to December 17, 2004, for $1,418.02. (Exhibit D). 10. Admitted in part; denied in part. It is admitted that Wife's demand for statutory interest on the delinquent payments and attorney's fees under Paragraph No. 15 of the Agreement are pending before the Court. It is denied that these are the only issues. By way of further response, see Paragraph No.6, supra. 11. Denied. It is denied that counsel has represented Wife "free of charge," To the contrary, counsel is billing Wife for his professional services on an hourly basis. By way of further response, counsel will make available to this Court for in camera inspection a complete copy of counsel's accounts receivable ledger showing all professional services performed for Wife, the charge for said services, and the amounts actually paid by Wife to date. These documents will establish that Wife is being charged for counsel's services, is tendering payments, but is in arrears because of Husband' s breach of the Agreement. 12. Denied. On August 11, 2005, Husband's offered t" release $5,900.00 ($2,500.00 for the pas,-due hunp Sun1 payment and $3,400,00 for the iXlcome tax refund) "011.ce we are able -3- 08/31/2005 15:15 71 72385190 TOMASKO&KO~ANDA PAGE 05 to resolve all outstanding issues, including the life insurance is,sues." (Exhibit E). In, response, Wife demanded a fun accounting of the income tax returns, immediate payment of all sums past due with interest under Paragraph Nos. 7(K), 8 and 11, and attciffiey's fees "estimated at $750.00." (Exhibit Fl. On August 22, 2005, counsel for Husband again stated that she was "holding the $2,500.00 due to your client and expect to receive the additional approximate $3,400.00 due to your client this week .... [and] is willing to make this payment immediately and for settlement of this matter" (Exhibit G). By letter dated August 25, 2005, counsel for Wife responded as follows: Finally, I'm tired of hearing that YOll1" cHent will honor his obligations under the Agreement in return for a tlJtal resolution of this matter, He should immediately pay Ms. Smithson what he believes is owed ($2,500 under Paragraph 7(K), Sl,478,02 under Paragraph 8, and $3,400 under Paragraph 11), and mitigate his exposure, Instead, he chooses to deny the material allegations of the Petition, assert a number of frivolous defenses, and stonewall requests for discovery. To make matters worse, he tells us he will pay what is owed only in return for a global settlement. Be advised that Ms. Smithson remains will (sic) to settle this matter. As noted, she demands immediate payment of all sums due under Paragraphs 7(K) and 11, with statutory interest. With respect to Paragraph 8, she will accept $1,478.02 with statutory ioterest provided that Mr. Hobby execute an Affidavit stating he had no other life insurance poHcies (other than Ne:w York Life Policy 47509580) from the date of marriage to the date of the Agreement. Finally, she demands that Mr. Hobby pay all attorney's fees incurred in enforcing the Agreement, which are presently estimated at $1,000.00. (Exhibit H). On August 29, 2005, Husband offered to pay, inful/ resolution of this matter, the following: a. TIle $2,500.00 due tinder Paragraph 7(K); b. The $1,478.02 due under Paragraph 8; c. The $3,538.50 dtle under Paragraph 11; .4- 08/31/2005 15:15 71 72385190 TOMASKO&KOF,ANDA PAGE 05 d, $50,00 for interest; and e. $250.00 for attorney's fees. (Exhibit I), On that same date, Wife responded: Your offer of August 29, 2005, is rejected. As previously stated., we will not entertain any proposal which: (1) conditions payment of the undisputed amounts on some type of global agreement; (2) lacks a means to verifY the amounts your <;lient claims to owe under Paragraphs 8 and 11; and (3) does not fully reimburse our client for attorney's fees paid in enforcing his obligations under the Agreement. (Exhibit J), 13, Denied, Wife did not request Husband's deposition "to force [him} to pay the demanded amount" but, rather, to ascertain the factual basis for the denials contained in his Answer to the Petition to Enforce Marital Settlement Agreement, By way of further response, on August 22,2005, and pursuant to the Order ofJuly 25,2005, Wife's counsel proposed the following dates for Husband's deposition: September 7"', 8th, 9"', 12th and 13th, (Exhibit K), On that same date, Husband's counsel responded that she was on vac;ation on those dates, 'but that Husband would be available on September 19'h, 21", and 26'h through 29th, (Exhibit L). Wife's counsel responded that Wife could not wait until September 19"t, and that he would make himself available at any lime during the week of August 29"'. (Exhibit q. On August 24, 2005, counsel for Husband stated that Husband was not available at any time during the week of August 29th be<;ause of his busy work schedule. (Exhibit D). By letter dated August 25, 2005, counsel for Wife scheduled Husband's deposition for September 2, 2005. In that same letter, CQunsel for Wife stated: Under the Order, all depositions have to be cOlnphlted within 50 days of July 22,2005. Because of your unavailability on the dates previously proposed, and my schedule, I have to se,le<;t a date -5- 08/31/2005 15:15 71 72385190 TOMASKO&KOf~ANDA PAGE 07 within the window provided in the Order. Should you or your client have a conflict on September 2, 2005, please advise of a different date within the discovery deadline, If neither you nor your client are available at any time before the d,:adline, then you will have to file a motion for a protective order or risk sanctions for failure to appear. (Exhibit H) (emphasis added). 14. Denied. Counsel for Husband never advised that she was leaving for vacation on September 2, Z005, As noted above, she only said that she was on vacation on September 7''', 8'b, 9'\ 12'h and 13'b, and that Husband was not available during the week of August 29" because of his work schedule. 15. Admitted in part; denied in part. It is adniitted that Wife's counsel deliberately scheduled Husband's deposition for September 2, 2005. It is denied that this was done to somehow prejudice Husband's rights. Indeed, counsel for Wife went to great lengths to cooperate with Husband and her counsel in scheduling a deposition, or avoiding it altogether if Husband elected to answer interrogatories, 16, Admitted. By way of further response, counsel for Wife served the interrogatories in an effort to avoid Husband's deposition. (Exhibit H). If Husband had provided full and complete answers to the interrogatories, his deposition would not have been necessary, 17. Denied, The actions of Wife and counsel were and continue to be reas,?nable given Husband's obstinance in satisfying his obligations under the Agreement, the denials contained in. his Answer to the Petition to Enforce Marital Settlement Agreement, and his refusal to make himself available for a deposition within the time limit set forth in the Order. 18. Denied, The notice given to Husband was reasonahle under the circumstances presented in this case. By way of further response, counsel for Wife is still willing to schedule -6- 08/31/2005 15:15 71 723851 90 TOMASKO&KOF<ANDA PAGE 08 the deposition at any time within the deadline set forth in the Order, or accept full and complete answers to the interrogatories in lieu of the deposition. 19. No response required. WHEREFORE, Defendant/Petitioner, Patricia Smithson (Hobby), respectfully requests that the Motion for Protective Order be denied, and that attorney's fees and costs be taxed against Husband pursuant to 42 Fa. C.S.A. 9 2503(7) and (9). Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 ~ BY:~~~ CH., A. KORANDA PA ID #58808 -7- 08/31/2005 15:15 71 72385190 TOMASKO&KOF(ANDA PAGE 09 ...",..-.........-.... ..................... TODD HOBBY, IN THE COURT OF CO:MMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintif:fIRespondent, : vs. No. 04-5443 Civil Term P A TRIClA SMITHSON (HOBBY), Defendant/Petitioner. : Civil Action - In Divorce ORDER AND NOW, this ? d"J. day of ~ .2005,upon consideration of the Petition of Petitioner, Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an answer to the petition within date; . . , ,. ;;"0 days of this (3) (4) (5) the Petition shall be decided uriaaPa. RC.P. No. 206.7; depositions shall be completed within SO days of this date; argument shall be he? 5icp~ )-c.. , 200S, at ~.' 30 in CoUJ:troom No. ofthe Cumberland County Courthouse; A.,Nf . (6) notice of the entty of this order shall be provided to all parties by the.Petitioner. COURJ,) . J. EXHIBIT A 08/31/2005 15:15 71 72385190 TOMASKO&KORANDA PAGE 10 LAW OFFICES MEYERS. DESFOR, SALTZGIVER' & BOYLE 410 MORTI-! S;:C;;ONQ $'-R1O:ET P.O. BOX 1062 t. E:MANUo;.L M't'l';:''F\$ (1'&15-IS70) BFH,lCE O. DE5F"OR L.AU FI IS: A. 5A.LTZGIVE,Ft CATHERINE: ~. BOyLE: Ke:!.L.... K. SMITH HARRISBURG, PA. '7108 (71'7) ~3""94"8 August 3l, 2005 FAA!?l]) 236-2:617 We:S5ITE ...............,meyersdesfor.eom "MAIL 1$.'lltzgjver@meV$r$de.ifor.eoI'T'1 cboyIeOml1lyersdesfOl'.CC1m lcsmith8m8"(C~sfor.com HANIl. DELIVEREQ Michael A. Koranda, Esquire TOMASKO & KORANDA, P,C, 219 State Street Harrisburg, PA 17101 RE: Todd Hobbv v. Patricia Hobbv Dear Mike; Enclosed please find two checks in the amount of$2,500.00 and $5,016,52, the sums due pursuant to paragraph 7(k), paragraph 8 and paragraph 11 of the parties' Marital Settlement Agreement. Also enclosed please find a copy of a Motion for Protective Order, Verytnlly yours, t2. c.th,ri~ (r;,,::> ."'\ I Ie, , Boyle I CAB/vjh Enclosures cc: Todd Hobby EXHIBIT B 08/31/2005 15:15 ... 71 72385190 TOMASKO&KORANDA ........ TODD A. HOBBY 934 MAPLeWOOD LANE PH, 717-728-90'2 ENOLA., 'PA 17025 Pol, '0 .h.C:' , I;')r(lr~"l' <If "-' (' Sr.,."~h,,-,,, Jlo..l,,~':.l) It-.,.,<> 71L......" .4.,0 :::-"'"... WACHOVIA Wactlovia Bank, N.A. waehQ'y;a.com -..-.. l:::i':'.:._ l"or ':0:1 1.000SO:\.: 1.0 W WOl:,8 I. I. b 911' PAGE 11 3-lkl/31Q 636 Pate $ ;;;., szo .._-..,,~ -- TODD A. HOBBY 934 MAPLEWOOD LAN ENOLA, PA 11025 ;p1Dthe "f! {J"..1I1 or Qf /11- -L --r7'" r/IlE' 111......:0 jJ"" ~ WACHOVIA -. j)~,-- for ,':0:1 ~OOO SO :I.: 1.0 1.0 1.00r.81. ~r.gll 3-StJ3tO ,:Ifr 658 ""'" I $ 6;DiC:> sz.. 67 ' Q?-", , A _._ ~.. DaUars: L.!.J -=...~_. . ?fY~~ .......:_.... '-;-.'-'7".V"~- '-'-"-.--""''''''_'___ 08/3112005 15:15 71 72385180 TOMASKO&KOF~ANDA PAGE 12 TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD 1. TOMASKO MICHAEL A, KORANDA .....' Telephone (717) 23S-1100 Fax (717) 238.6190 EmaiJ: contacl@t.klaw,com August 22, 2005 VIA FACSIMILE ONLY Catherine A Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street PO, Box 1062 Harrisburg, PA 17108 Re: Hobbyv. Hobby Dear Ms. Boyle: I am ill receipt of your letter dated August 22, 2005. I cannot wait until September 19th to depose your client. I will make myself available at any time during the week of August 29"'. Please advise as to when you and your client are available. ' With regard to the need for this deposition, you need only look at Paragraphs 8-11 of your client's Answer. Finally, please provide me with the following documents by no later than August 24, 2005: (1) Copy of the parties' 2004 federal and state tax return (with all schedules and attachments); and (2) Any and aU documents concerning the life insurance policies referred to in Paragraph No, 9 of the Answer, including, but not limited to: policy certificates, policy statements, surrender documents, documents concerning any withdrawals, cash-outs, etc. If these documents are not received by August 24, 2005, I will serve your client with a formal request for production of documents. Very truly yours, ~~ MICHaDRA~~ MAK: . cc: Ms. Patricia SmithsolEXHIBIT (: 08/31/2005 15:15 71 72385190 TOMA5KO&KORI\NDA PAGE 13 \..Jrl..W OFFIC~S MEYERS, DESFOR. SALTZGIVER .s, BOYL.E 410' NO~TH SECOND STREtT P,O. SOx. IOe..f: I. EMANUE:L MEYe:~5(1915~1970) S~UCE: P. Dt5F"OP LAURIE A. $,Al..T'ZGlVER CAtHERINE: A. BoYLE: KEl..l.:r '1(.. 5MtTH HARRISBURG. PA, 17108 (717) Z3El-S428 August 24, 2005 FAX (71?) a35.2S17 W!l;BSITE: ................meyer.3oub'-=m Eh'lAll.lsala:giverfilme'J'tll'$de&fOl',c:om cbOyl(l@lmsye~'Gf.ccm ~m{1'h@rnq'ersde.dor,o=lm VIA l'AX & U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, p_C, 219 State Street Ha.'1'isburg, PA 17101 RE: Todd Hobbv v. Patricia Hobbv Dear Mike: Please be advised that Mr. Hobby is not available for the week of August 29, 2005. Because it is the end of the month, he has thirty plus closings already scheduled. Given the late notice, he is not able to reschedule same, I renew my offer to have the deposition on the dates noted in my prior letter. Additionally, in response to your ktter dated August 22, :2005, as you are aware the parties filed jointly for the year 2004. Accordingly, your client is able to access this information on her own, As far as the life insurance policy, I enclose herewith a copy of a fax [rom New York Life Insurance Company regarding Mr. Hobby's life insurance policy, As you can see, the policy was cashed by Mr, Hobby and he received the sum of $1,478,02. As I have stated before, the other policy belonged to YOllr clienl and we ate not able tD access this information as it is solely Within her .;ontrol. Finally, Mr. Hobby remains desirous of resolving this matter as quickly and as ami.;ably as possible. As such, Mr. Hobby is willing to pay the $2.500.00, plus your client's half oftl1e income tax refunds and the amount he received from cashing the life insurance pDlicy. I believe tIllS all your client is due under the Settlement Agreement and there will be no other offer for additional funds, Mr. Hobby is willing to make this paymellt immediately in total resolution of this matter. EXHIBIT D 08/31/2005 15:15 71 723851 90 TDMASKO&KOF~ANDA PAGE 14 MEYERS, DESFOR, SALTZGIVER & BOYLE Michael A. Koranda, Esquire August 24, 2005 Page 2 Kindly let me know your position. CAB/vjh Enclosure cc: Todd Hobby (without/enclosure) Very truly yours. ,. -::> Z c.,~m" Bo~ . II-~ 'UG 5' iii ri 2 2DD5 iJUC:J\5 .....~... -......... -... ---.....-...--....--.. 08/31/2005 15:15 71 723851 90 TOMASKO&KOF'ANDA I PAGE 15 NEWYOfllc:'UFE Ir<$UFlANCE COMPANY. PO 130:1:69'6 ClEVEUlNI)OM 4410H91. ,_5-98?3 lIfflW,n-yorl<tik.= Oocamb.r 17, 200~ Asent RAMONA F BIANCHI [I' 1) .~3l!-2S55 If J",III.,.IU"",I.I,I.I,..1,1lJ...I,,,I.l'11..11..1..1,1.1.1 />IR TODD A HOBBY S34 MAPlEWOOO LN ENOLA PA 17025-2.074 poncy: 47 50S 850 Premi'um Paid-<<l-ctale: 10115/2004 Insured; MrToddAHobby , This statement at a=unt pnlvidBs a brealcdawn of values that c:omprlsethfS seltlemel1l. The- poncy Cash .. Value field includes ~ allowance forllremiums paid beyond the cashvaJue as Ili dala. If you have any questions re5Jaltfing thIS InfgrmaJjo n, please COntact yoU r agent or I~"e of our c:ustamer service represematlves In , -SOO-6S5-9S7'3. Policy Cash Value ~l1duding any premium allowance) as of 08l1St.2004 $0.00 Cash Value of OP? Paid.U~M~n$ , ,307.35 Opp PrGmium Relund 0.94- Premium Refu nil 339..93 Sublotal $1 ,648~ Less: Oul:itanding PerK:)' Loan Che.clc: Amount $170.20 $1,47'8.02 This is not a Modified Etldowmet1t Roliey_ Ta;<able G;ain Please see reverse side fgrtax ;mllrmation. None o Enl;/osed is a check for the amount payable. o Funds haVe ~n forwarded tll 0 MainStay 0 o Money has been ilPPlietlto III.Y. UI~ poney(s). I VSCBP3V New Yoll<. Life Insumnce Company 08/31/2005 16:16 88/11/2085 16:38 71 723861 90 71 7236281 7 TOMASKO&KOR;~NDA MEYERSDESFORSALTZGIV PAGE 16 PAGE: 81/81 1. EhoIAr-Jl.lE:LME"'fE:F1.5CI9ISo19701 eRUC~ 0. OSS;1'O~ I..AURI~ A., SAL.TZGIVER CJt,'rHER1NE: A.. SO'T'\....E KELLY lC_ SMtTH LAWOP'I'l'1C::Ii:S MI;:VERS, DESFOR. SAL'TZGIVER 6. I;JOYLE. 410 NORTH SECOJl,lO ~"fI\'f:.tT P.O.i1Q,; It'~=' HARRIS8URG', PA. 1710e (717) z:aG-e4"S ... August 11,2005 F'AA ('1''7) i!~c..ael? WI:.9$ITE: ~.mt"(l!l".tles'fa'.eom tr.lAJL ~""evmdQ:dur.ClJm ""~""","""_rl,,,_ ksmttha~~f!y.1:;Dm VIA FA.~ & U.S. M~ Michael A. Koranda, Esquire TOMASKO /!l KORANDA, P.C, 219 State Street Harrlsbwg, PA 17101 RE: Todd Hobbv v. htricia Hobbv Dear Mike: Please be advised that Mr. Hobby has delive-red a l;heck to my office made out to your client in the amOl,mt of $2,500.00 as we discussed yesterday, He is also in the process of obtaming the additional $3,400.00 which represents your c1iem's portion of the 2004 tax refund. '. Ho,",,,ver, the issue concerning the life insurance policies remains outstanding, 1 am interested to \{now What your suggested solution of this mattet mi!jht be. Mr. Hobby is prepared to release the sums to your client once we are able to resolve all outstanding issues, including thc life insurance issues, Kindly advise to your position at your earIJest convenience. Very truly yours, G~~ A Borl~ CAB/vjh cc: Todd Hobby EXHIBIT F~ 08/31/2005 15:15 71 723851 90 TOMASKO&KORi\NDA PAGE 17 "::::::..-":" --." TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisb"'9, Pennsylvania 17101 RONALD T. TOMASKO MICHAELA, KORANDA ........ Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact@t.klaw.com August 12, 2005 VIA FACSIMILE ONLY Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 171 08 Re: Hobby v, Hobby Dear Ms. Boyle: I am in receipt of your letter dated August 11, 200S. If:Mr. Hobby cannot transfer the life insurance policies, we expect him to pay the estimated value ($4,000.00) to Ms. Smithson, We, also expect him to prnvide a full accounting of the parties' 2004 income tax refunds, and make immediate payment of all past-due sums, with interest, including the items described in Paragraphs 7(K), 8 and 11. Finally, we expect him to pay all costs, including attorney's fees, associated with his breach of the Agreement, which are presently estimated at $750,00, As an aside, Ms, Smithson is upset by your statement that:Mr. Hobby will release the past-due $6,900.00 once we are able ''to resolve all outstanding issues," She believes that the only outstanding issue is Mr. Hobby's non-compliance with the Agreement. She resents any attempt to renegotiate the terms of the Agreement, particularly when the attempt is accompanied by a threat to remain in breach unless concessions are made. Although she is desperate for the money, she will not allow this to be used by your client as som~: kind of bargaining leverage. We look forward to receiving the Answer to the Petition on or before August 19, 2005. Upon receipt of the Answer, I will contact you with our discovf:ry needs. V cry truly yours, MAK.: cc: Ms. Patricia Smithson EXHIBIT }' 08/31/2005 15:15 08/22/2605 15:43 71 723851 90 71 72362817 TOMASKO&KORANDA MEYERSDlo"SF'ORSAL.. TZGIV PAGE 18 PAGE: I!llii!ll I. tMAMIJ'i..""'E"rEIW(IQI5-1970) 8R.UC.E: o. O~FOFl. 1.AI.JRIE: A. SAL.TZ.GI'JE:Ft CAT,"U:~II"C;o,. aOYLE: KEt..L"'" K_ SI-4ITH v.w OFF'rC!:5 ME:YE:RS, DESFOR. SALTZGIVER ~; BOYLE 410 NCIQTM SEQOl'lb $'f"CE;T p.O. BOx. IQ_liI HARRIS8URG. PI',. 17108 (717) <:3&-94<:8 August 22, 2005 FlU. f" I,) 234-.F,1I7 ~SI"l"t~.l1\8V8I'8dl!lIfor..CQ'l'l E:MAlL Isa!ag~~mor,eoni ct:lovleOm."dasftt.CQlTl J;!lrnitr'lGr'nl!JojeFBdesfur..com ~ FAX & U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Stl'eet Harrisburg, PAl 710 1 RE: Todd Hobbv v. Patricia Hobbv Dear Mike: I am. writing in response to your letter dated August 22, 2005. f'lease be ad.vised that I will be on vacation during the dates that yO\! have suggested fOJ Mr, Hobby's deposition. I will he available on Mondlly, September 19'h, and Wednesday, September 21~' before 1 :00 p,m. I am also available any day from September 26'h through September 29"', Given the simplicity of this matter, I am a little surprised yO\! wish to nm up your client's eXpenses by taking a costly deposition, particularly in IiSllt oOvk I-lobby's willinilless to resolve this matter amicably. '. I am sure you have had the opportunity to ask your client about the life insurance policy she has already C<lShed. If you contact New York Lif~ Insufanc'l, they will provid~ you with this information. Further, you will note the Settlement Agreement does not require Mr. Hobby to do anything other than to fclinquish his rights to said policy, Acco!'dingly, your client has already received those proceeds. I have also indicated that r anl holding the $2,500,00 due: to your client and expeot to receive the additional approxim.<J1e $3,400.00 due to your client this week. Mr. Hobby is willing to make this payment immediately and for settlem.ent ofthis mattcr, You indicated that your client is "desperate for theSe funds." Accordingly,] do not Wldersta.nd why we would wish to spend tIlls money On unnecessary litigation, when she could. have the money immediately, Kindly discuss this offer with YOllr client and let 1M know if shc is interested. Very truly yours, CAB/vjh Etlclos\!re ce: Todd Hobby (w/enclosure) EXHIBIT 08/31/2005 15:15 71 72385198 TOMASKO&KORi\NDA PAGE 19 TOMASKO & KORANDA, P.C. A.ttorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T, TOMASKO MICHAEL A, KORANDA ~, Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact@l-klaw.com August 25, 2005 VIA FACSIMILE & U.S. MAIL Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 41 0 North S ec;ond Street P.O. Box 1062 Harrisburg, P A 17108 Re: Hobby v. Hobby . Dear Ms. Boyle: Enclosed you will find a. Notice of Deposition scheduling Mr. Hobby's deposition for 9:00 a,m. on September 2,2005, at this office. Enclosed you wiIl also find Defendant/Petitioner's First Set of Interrogatories Directed to PhintifflRespondent. ~ Under the Order, all depositions have to be completed within 50 days of July 22,2005, Because of your unavailability on the dates previously proposed, and my schedule, I have to select a date within the window provided in the Order. Should you or your client have a conflict on September 2,2005, please advise of a different date within the discovelY deadline. Ifneither you por your client are available at any time before the deadline, then you will have to file a motion for a protective order or risk sanctions for failure to appear. The Interrogatories are due wiU,m thirty (30) days. Should your client provide full and complete answers to the Interrogatories within the next ten (10) days, I will consider cancelling the deposition. Finally, I'm tired of hearing that your client will honor hi!: obligations under the Agreemellt in retwn for a total resolution of this matter. He should immediately pay Ms. Smithson what he believes is owed ($2,500 under P~graph 7(K.), $1,478.02 under Paragraph 8, and $3,400 under Paragraph 11), and mitigate his exposure. Instead, he chooses to deny the material allegations ofthe Petition, assert a number of frivolous defenses, and stonewall requests for discovelY. To make matters worse, he tells us he will pay what is owed only in return for a global settlement. Be advised that Ms. Smithson remains will to settle this ma.tter. As noted, she demands immediate payment of all sums due under Paragraphs 7(K) and 1 ]', with statutory interest. With EXHIBIT H 08/31/2005 15:15 71 723851 90 TOMASKO&KOR~NDA PAGE 20 Catherine A. Boyle, Esquire Page 2 August 25, 2005 respect to Paragraph 8, she will accept $1,478.02 with statutory interest provided that Mr. Hobby execute an Affidavit stating he had no other life insurance polic:ies (other than New York Life Policy 47509580) from the date of marriage to the date of the Agreement. Finally, she demands that Mr. Hobby pay all attorney's fees incurred in enforcing the Agreement, which are presently estimated at $1,000,00. Very truly yours, MAK.: Enclosures cc: Ms. Patricia Smithson '. 08/31/2005 18:18 7172388190 08/29/2005 13:21 7172362817 TOMASKO&KOR~NDA ME'IERSDESFOI<SAL TZGIV PAGE 21 PAGE BI/BI \. E.l>i^NUlj;L.H~E:R5(1:a1~~IS70~ BIOl:UCE D. Oe:SF'OR l,AUFUE. ^. S....L"'1'2GIVE:R c:....THERII'IE:. A. BOl'\.F- l<"'1.LT K..,SM.ITH ~w OFF'ICE:S ME:VE:RS. OE:SFOR. SALTZGIVER & BOYLE 410 NQRr~ SE.oOND STRErt 1"_0. eo;rc, lOCH:. HARRISBURG. PA. 17/06 (717) 236.94Ze August 29, 2005 FA.'t. (717) 2.3e-.;:al'7 \lfEI3SITllf\llNllot./'MVPI't.c1nfofr:lr,cun E'MAI1.lGtl!tl:gM;lrCmeyersdesfDr.t:IDlTl ~af'l'1lMl,r/OldCl:;.fgr.cQr'r'l ~i~~ay8r!ld.esfor.(D'fI VIA FAX.,\ U.S. MAIl.! Micbad A. Koranda, Esquin: TOMASKO & KORANDA. P.C. 219 State Street Harrisburg, PA 17101 RE: Todd Hobbv v. Patricia Robbv Dear lVlike; [ am U1 receipt of yoUt recent correspondences and am writing in an "ffort to resolve this IUattcr amicably. Mr. Hobby will make the following payments to your clie.nt immediately in full resolution of this matter: 1. The $2,500.00 due under patagraph 7 0<); 2. The $1,478.02 d~'e under p;u-agraph 8; 3. The $3,538.50 due under paragraph 11. Please note that the refund for):he federal retUrn totaled $6,952.00 and the refund for the !:tate retUll1 totaled $125.00. Accordingly, your c1icnt is due tifty (50%) percent of the lotal amount 4. $50.00 for interest due; llI1d 5. $250.00 due for attorney's fees. Ktlld.ly discllss this offer with your client and let me kTloW your: thQughts as soon as possible_ Very truly ymlrs. CAB/\>jh ce: Todd Hobby EXHIBIT I 08/31/2005 15:15 71 72385190 TOMASKO&KORI~NDA PAGE 22 ''"---.;-. TOMASKO & KORANDA, P.C. Attorneys at law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAELA. KORANDA ......' Telephone (717) 238.1100 Fax (717) 238-6190 Eme;l: cOAtacl@t'klaw,com August 29, 2005 VIA F ACSIMILE ONLY Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 171 08 Re: Hobby v. Hobby Dear Ms, Boyle; Your offer of August 29, 2005, is rejected.. As previously stated, we will not entertain any proposal which: (1) conditions payment of the undisputed. amounts on some type of global agreement; (2) lacks a means to verify the amounts your client claims to owe under Paragraphs' 8 and 11; and (3) does not fully reimburse our client for attorney's fees paid in enforcing his obligations under the Agreement. We will see you and your client on September 2,2005, Very tIuly yours, Z7P~ MICHAELA. ~~ MAX: cc: Ms, patricia Smithson EXHIBIT. J 08/31l2805 15:16 7172386190 TOMASKO&KORi\NDA PAGE 23 "'"--.., TOMASKO & KORANDA, P.C. Attorneys at Law :!19 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAELA. KORANDA .....' Telephone (717) :!38-1100 Fax (717) 238-6190 Em.it: contact@j-ki.w,com August 22, 2005 VIA FACSIMILE ONLY Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGNER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 171 08 Re: Hobby v. Hobby Dear Ms. Boyle: I am in receipt of your client's Answer to the Petition tel Enforce Marital SettJemeJ:lt Agreement. I would like to take your client's deposition as soon as possible. I am available at any time on the following dales: September 7"', 8th, 9'h, 12th and 13"b. Please indicate your preference as to a date and time and I will issue the appropriate deposition notice. The deposition will be held at my office. Kindly respond to this correspondence within 48 hours, Thank you for your cooperation. Very truly yours, MAK: cc: Ms, Patricia Smithson EXHIBIT K 08/31/2005 15:15 71 723851 90 TOMASKO&KORi\NDA lJt.WOI"f"ICES MEYERS. DESF"OR, SALTZGIVER is' BOYLE 410 NORTH SE:CONO ST~E:.E:T P,O. BOX 1062 \. EMANUC:l MEYERS '1918.1970) BRUCE D. DESFOR lAUF\lt A. 5AL..TZGIVER CATHERINE A. BOYLE: KELl.Y K. SMITH HARRISBURG, PA, 17108 (717) 236-9428 AUg\lst 22,. 2005 VIA FAX & U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 RE: Todd Hobby Y. Patricia Hobbv Dear Mike: PAGE 24 FAX (717) 236-2817 WE:eSITE. www.msyaradellfor.com EMA1L Isahzglvet6rnl5V01'$deifor.com cbOvleOmayersdufor.com k:imitrtOmevers~for.eorn I am writing in response to your letter dated August 22,2005, Please be advised that I will be on vacation during the dates that you have suggested fo( Mr_ Hobby's deposition. I will be available on Monday, September 19'h, and Wednesday, September 21'" before I :00 p.m. I am also available any day from September 26'h through Septenlber 29'h , Given the simpli~ity of this matter, I am a little surprised you wish to run up your client's expenses by taking a costly deposition, particularly in light ofMr, Hobby's willingness to resolve this matter amicably. I am sure you have had the opportunity to ask your client about the life insurance policy sbe has already cashed. If you contact New York Life Insuram,e. they will provide you with this information, Further, you will note the Settlement Agreement does not require Mr. Hobby to do anything other than to relinquish his rights to said policy. AC~()j'dingly, your client has already received those proceeds. I have also indicated that I am holdillg th", $2,500.00 d~l'" to your client and expect to receive the additional approximate $3,400.00 due to YOllr client this week. Mr. Hobby is willing to make this payment immediately and for settlement of this matter. . . You indicated that your client is "desperate for these funds." Accordingly, I do not understand why we would wish to spend this money on unl1e~e:ssary litigation, when she could have the money immediately. Kindly discuss this offer with your client and let me know if she is interested. Very truly yours, }/JI"'.' (--"'7 "7 ~ .,' (. V: -<, ,,' /~ ,/../ / ! I' , ,. ... {~-- ,. L ,,' ,'1..... . . Catllerine!, BO)7rt1 CAB/vJh /' /) Enclosure XHIBI'T l, cc: Todd Hobby (w/enclcsure) E . L I~~[fi) ~~UG23~~ ~ ~.. -- ~ 08131/2005 15:15 71 72385190 TOMASKO&KOR~,NDA PAGE 25 CERTIFICATE OF SERVICE~ AND NOW, this3/sr day of .4tR,~,;T .2005, I, Michael A. Koranda, Esquire, attorney for the DefendantlPetitioner, hereby certify that I served the within ANSWER OF PATRICIA SMITHSON (HOBBY) TO MOTION FOR PROTECTIVE ORDER this day by: Facsimile & U.S. Mail, first class, postage prepaid, addressed to: The Honorable Edward E. Guido Cumberland Coun1y Courthouse One Courthouse Square Carlisle, P A 17013 Fax: (717) 240-6460 Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGNBR & BOYLE 410 North Second Street P_O. Box 1062 Harrisburg, PA 17108 Fax: (717) 236-2817 ~Iifr1:L By: 08/31/2005 15:15 71 72385190 TOMASKO&KORAI,DA PAGE 01 TOMASKO & KORANDA, P.C. Attorneys at Law 219 Stare Street Harrisburg, Pennsylvania 17101 TelephOlle (717) 238-1100 Fax (717) 238-6190 RONALD T. TOMASKO MICHAEL A. KORANDA FACSIMILE TO: The Honorable Edward E. Guido Catherine A. Boyle, Esquire FROM: Michael A. Koranda, Esquire RE: Hobby v, Hobby DATE: August 31, 2005 FAX NO.: 240-6460 236-2817 PAGE(S): 25 * MESSAGE: CONFIDENTIALITY NOTE: TIle OOCUMENTS ACCOMPANYING TIllS FACSIMn..E TRANSMISSION CONTAiN INFORMATION FROM THe... w OFFICES OF TOMASKO'" KORANDA, P,C,. WHICH IS CONFIDENTIAL AND/OR LEGALLY PRlVlJ.EGED AND/OREXEMI'TFROM DISCLOSURE> UNDER-APPLICABLE LAw. THE lNFORMATION IS iN1'El\'DED ONLY FOR THE USE OF THE INDlVlDU;\LOI1. ENTITY NAMED ON THIS TRANSMISSION SHEET, IF YOU ARE NOT THE INTENDED RECfPIENT, OR l'RE EMPLOYEE OR AGBl"T RESpONSIBLE FORDELlVERlNG THE MESSAGE TO THE INTENDED RECIPIENT. YOU ARE HEREllY NOTll'IED THAT ANY DISCLOSURE. COPYJNG, DISTRlBUll0N OR THE TAKING 01' ANY ACTION IN REllANCE ON THE CONTENTS OF THIS TELECOPIER INFORMA TIONIS STRlCTLY PROIIIBITED.ANDTHA TTHE DOClIMENTS SHOULD liE RETURNED TO THIS FIRM IMMEOIA TELY, IF YOU HA VB RECEIVED nus FACSlMlLE IN ERl1.0R, PLEASE NOTIFY US SV TELEPHONE IMMEDIATELY SO THAT WE CAN ARRANGE FOR 11IE RETURN OF THE DOCUMEN'rs TO US AT NO COST TO You. 'COUNTING COVER SHEET, IF YOU DO NOT RECEIVE ALL PAGES, PLBASIl TELEPHONE US IMMEDIA TEL Y AT ABOVE NUMBER. TOMASKO & KORANDA, P.c. By: Michael A. Koranda, Esquire PA ID #58808 219 State Street Harrisburg, PA 17101 Phone: (717) 238-1100 mkoranda@t-klaw,com Attorneys for Defendant TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff/Respondent, vs. No. 04-5443 Civil Term PATRICIA SMITHSON (HOBBY), DefendantIPetitioner. : Civil Action - In Divorce ANSWER OF PATRICIA SMITHSON (HOBBY) TO MOTION FOR PROTECTIVE ORDER NOW COMES DefendantlPetitioner, Patricia Smithson (Hobby), by and through her attorney, Michael A. Koranda, Esquire, and answers the Motion for Protective Order filed by PlaintiffiRespondent, Todd Hobby, as follows: 1, Admitted. 2, Admitted. 3, Admitted. 4. Admitted, By way offurtherresponse, Husband's Answer to Wife's Petition to Enforce Marital Settlement Agreement was originally due on or before August 11,2005, as set forth in this Court's Order of July 22,2005. (Exhibit A). On August 10, 2005, Husband's counsel telephoned counsel for Wife and asked for an extension of time to file the Answer, Out of professional courtesy, counsel for Wife agreed to extend the date to August 19, 2005, even though it shortened the time in which Wife could obtain discovery under the Order. The Answer filed by Husband denied the material allegations of the Petition. 5. Admitted in part; denied in part. It is admitted that on August 31, 2005, Husband's counsel hand-delivered two (2) checks to Wife's counsel (Check No, 636 dated August 11,2005 in the amount of$2,500,OO and Check No. 658 dated September 1,2005 in the amount of$5,016.52). (Exhibit B). For reasons explained in Paragraph Nos. 6-10, infra, it is denied that these payments represent "the amount owed pursuant to the Marital Settlement Agreement." 6. Admitted in part; denied in part. It is admitted that the check for $2,500.00 represents the remaining amount Husband owed Wife as of May 25,2005, under Paragraph No. 7(K) of the Agreement. It is denied that the checks tendered by Husband on August 31, 2005, satisfy his other past-due obligations under the Agreement. By way of further response, Husband has repeatedly refused Wife's requests for copies of the parties' 2004 income tax returns, which are in his exclusive possession, To this day, Wife does not know much Husband received, when he received it, or what he did with the money (Husband had the tax refunds direct-deposited to his own bank account). On August 22, 2005, counsel for Wife formally requested that Husband provide copies of these income tax returns. (Exhibit C). By letter dated August 24, 2005, counsel for Husband refused said request on the basis that Wife could "access this information on her own." (Exhibit D). Without copies ofth,~ income tax returns, 'Wife is unable to admit or deny that check for $5,016.52 tendered on August 31, 2005, satisfies Husbands past-due obligations under the Agreement. -2- 7. Admitted. It is admitted that there is no dispute as to the payment of $2,500.00. 8. Denied, See Paragraph No.6, infra. 9. Admitted. By way of further response, under Paragraph 8 of the Agreement signed on May 25, 2005, Husband was required to transfer all rights to two (2) life insurance policies "with an approximate cash value of $4,000.00" to Wife. Husband's Answer, filed on August 18,2005, disclosed for the first time that he had cashed one (1) of the policies. (See Paragraph No, 9 of Answer). Then, on August 24,2005, Husband's counsel provided documentation reflecting that Husband had cashed the policy sometime prior to December 17, 2004, for $1,478.02. (Exhibit D). 10. Admitted in part; denied in part, It is admitted that Wife's demand for statutory interest on the delinquent payments and attorney's fees under Paragraph No. 15 of the Agreement are pending before the Court. It is denied that these are the only issues. By way of further response, see Paragraph No, 6, supra, 11. Denied, It is denied that counsel has represented Wife "free of charge." To the contrary, counsel is billing Wife for his professional services on an hourly basis. By way of further response, counsel will make available to this Court for in camera inspection a complete copy of counsel's accounts receivable ledger showing all professional services performed for Wife, the charge for said services, and the amounts actually paid by Wife to date, These documents will establish that Wife is being charged for counsel's services, is tendering payments, but is in arrears because of Husband's breach of the Agreement. 12, Denied. On August 11,2005, Husband's offered to release $5,900.00 ($2,500.00 for the past-due lump sum payment and $3,400.00 for the income: tax refund) "once we are able -3- to resolve all outstanding issues, including the life insurance issues." (Exhibit E). In response, Wife demanded a full accounting of the income tax returns, immediate payment of all sums past due with interest under Paragraph Nos. 7(K), 8 and 11, and attorney's fees "estimated at $750.00." (Exhibit F). On August 22, 2005, counsel for Husband again stated that she was "holding the $2,500,00 due to your client and expect to receive the additional approximate $3,400.00 due to your client this week .... [and] is willing to make this payment immediately and for settlement of this matter." (Exhibit G). By letter dated August 25, 2005, counsel for Wife responded as follows: Finally, I'm tired of hearing that your client will honor his obligations under the Agreement in return for a total resolution of this matter. He should immediately pay Ms. Smithson what he believes is owed ($2,500 under Paragraph 7(K), $1,478.02 under Paragraph 8, and $3,400 under Paragraph 11), and mitigate his exposure. Instead, he chooses to deny the material allegations of the Petition, assert a number of frivolous defenses, and stonewall requests for discovery. To make matters worse, he tells us he will pay what is owed only in return for a global settlement, Be advised that Ms. Smithson remains will (sic) to settle this matter. As noted, she demands immediate payment of all sums due under Paragraphs 7(K) and II, with statutory interest. With respect to Paragraph 8, she will accept $1,478.02 with statutory interest provided that Mr. Hobby execute an Affidavit stating he had no other life insurance policies (other than New York Life Policy 47509580) from the date of marriage to the date of the Agreement. Finally, she demands that Mr. Hobby pay all attorney's fees incurred in enforcing the Agreement, which are presently estimated at $1,000.00. (Exhibit H). On August 29, 2005, Husband offered to pay, infull resolution of this matter, the following: a. The $2,500.00 due under Paragraph 7(K); b. The $1,478.02 due under Paragraph 8; c. The $3,538,50 due under Paragraph 11; -4- d. $50,00 for interest; and e. $250.00 for attorney's fees. (Exhibit 1). On that same date, Wife responded: Your offer of August 29, 2005, is rejected. As previously stated, we will not entertain any proposal which: (1) conditions payment ofthe undisputed amounts on some type of global agreement; (2) lacks a means to verify the amounts your client claims to owe under Paragraphs 8 and 11; and (3) does not fully reimburse our client for attorney's fees paid in enforcing his obligations under the Agreement. (Exhibit J). 13. Denied. Wife did not request Husband's deposition "to force [him] to pay the demanded amount" but, rather, to ascertain the factual basis for the denials contained in his Answer to the Petition to Enforce Marital Settlement Agreement. By way of further response, on August 22,2005, and pursuant to the Order of July 25, 2005, Wife's counsel proposed the following dates for Husband's deposition: September 7t\ 8th, 9th, 12th and 13th. (Exhibit K), On that same date, Husband's counsel responded that she was on vacation on those dates;but that Husband would be available on September 19t" 21", and 26th through 29th, (Exhibit L). Wife's counsel responded that Wife could not wait until September 19t" and that he would make himself available at any time during the week of August 29th. (Exhibit C). On August 24, 2005, counsel for Husband stated that Husband was not available at any time during the week of August 29th because of his busy work schedule. (Exhibit D). By letter dated August 25, 2005, counsel for Wife scheduled Husband's deposition for September 2,2005, In that same letter, counsel for Wife stated: Under the Order, all depositions have to be completed within 50 days of July 22,2005. Because of your unavailability on the dates previously proposed, and my schedule, I have to select a date -5- within the window provided in the Order. Should you or your client have a conflict on September 2, 2005, please advise of a different date within the discovery deadline. Ifneither you nor your client are available at any time before the deadline, then you will have to file a motion for a protective order or risk sanctions for failure to appear. (Exhibit H) (emphasis added), 14, Denied. Counsel for Husband never advised that. she was leaving for vacation on September 2,2005, As noted above, she only said that she was on vacation on September 7th, 8th, 9th, 12th and 13th, and that Husband was not available during the week of August 29th because of his work schedule. 15. Admitted in part; denied in part. It is admitted that Wife's counsel deliberately scheduled Husband's deposition for September 2,2005. It is denied that this was done to somehow prejudice Husband's rights, Indeed, counsel for Wife went to great lengths to cooperate with Husband and her counsel in scheduling a deposition, or avoiding it altogether if Husband elected to answer interrogatories. 16. Admitted. By way of further response, counsel for Wife served the interrogatories in an effort to avoid Husband's deposition. (Exhibit H). If Husband had provided full and complete answers to the interrogatories, his deposition would nOI! have been necessary. 17. Denied. The actions of Wife and counsel were and continue to be reas<;mable given Husband's obstinance in satisfYing his obligations under th.e Agreement, the denials contained in his Answer to the Petition to Enforce Marital Settlement Agreement, and his refusal to make himself available for a deposition within the time limit set forth in the Order. 18. Denied. The notice given to Husband was reasonable under the circumstances presented in this case. By way of further response, counsel for Wife is still willing to schedule -6- the deposition at any time within the deadline set forth in the Order, or accept full and complete answers to the interrogatories in lieu ofthe deposition, 19, No response required, WHEREFORE, DefendantJPetitioner, Patricia Smithson (Hobby), respectfully requests that the Motion for Protective Order be denied, and that attorney's fees and costs be taxed against Husband pursuant to 42 Pa. C.S.A. Ii 2503(7) and (9). Respectfully submitted, TOMASKO & KORANDA, P.e. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 By: -7- . TODD HOBBY, ..J1.,-.....-......""' Jv.... ..&. OJ _ t'. ./ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffi'Respondent, : vs. No, 04-5443 Civil Term PATRICIA SMITHSON (HOBBY), DefendantlPetitioner, : Civil Action - In Divorce ORDER AND NOW, this ') 'd4 day of ~ ,2005, upon consideration of the Petition of Petitioner, Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) (3) (4) (5) (6) the Respondent shall file an answer to the petition within date; ~ days of this the Petition shall be decided un:der Pa. R.C,P. No. 206.7; depositions shall be completed within SO days of this date; argument shall be held on 5AP" ;)-(.. , 2005, at 8'.' ~() ..4.,+1 . in Courtroom No. 5' of the Cumberland County Courthouse; notice of the entry of this order shall be provided to all parties by the Petitioner. ,J. EXHIBIT A LAW OFFICES MEYERS, DESFOR, SALTZGIVEF~ & BOYLE 410 NORTH SECOND STRE.ET P.O. SOX 1062 I. E:MANU\!.LME.YERS(191S-1970} BRUCE: D. DESFOR LAURIE A. $ALTZGIVE:R CATHERINE A. BOYLE: KELLY K. SMITH HARRISBURG, PA, 17108 (717) 236-9428 August 31, 2005 FAX (717) 236-2817 WEBSITE www.meyersdesfor.com EMA1L lsaltzgiverOmeyersdesfor.com cboyleOmeyersdesfor.oom ksmithOmeyersdesfor.com HAND DELIVERED Michael A. Koranda, Esquire TOMASKO & KORANDA, p,c. 219 State Street Harrisburg, P A 17101 RE: Todd Hobbv v. Patricia Hobbv Dear Mike: Enclosed please find two checks in the amount of$2,500,OO and $5,016.52, the sums due pursuant to paragraph 7(k), paragraph 8 and paragraph II of the parties' Marital Settlement Agreement. Also enclosed please find a copy of a Motion for Protective Order, Very truly yours, !~~ . 80): () '- CAB/vjh Enclosures cc: Todd Hobby EXHIBIT B ..... TODD A. HOBBY 934 MAPLEWOOO LANE PH. 717-728'9042 ENOLA, PA 17025 636 Date ~~~,:reC~"\f"(' s~.\I'\2C HG~h~) ~"'"o>, AvD f'JVc 'V<W'C1> ~ WACHOVIA I $;::' SZV =:::- Wachovia Bank, N.A, wachovia.com Fo, AI' 1:0 3 ~OOO 50 31: ~O ~O ~00r:.8 ~ ~r:. qu" .. TODD A. HOBBY 934 MAPLEWOOD LAN ENOLA, PA 17025 3-50/310 ?/~ 658 Vate !".1^'.? 1I1e ,". u/ ~of .. /fo l'/I/E!/I,.1.;(;o, J1JC\ j)~, ~ WACHOVIA - I $ .:J,Di&; sz. ,kOllarS ~ :'= 1:03 WOO 50 31: ~O ~O ~OO r:.8 ~ ~ r:. qu TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 1710" RONALD T, TOMASKO MICHAEL A, KORANDA ......' Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact@t-klaw.com August 22, 2005 VIA FACSIMILE ONLY Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGNER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Re: Hobby v. Hobby Dear Ms. Boyle: I am in receipt of your letter dated August 22, 2005, I eannot wait until September 19th to depose your client. I will make myself available at any time during the week of August 29th, Please advise as to when you and your client are available. ' With regard to the need for this deposition, you need only look at Paragraphs 8-11 of your client's Answer. Finally, please provide me with the following documents by no later than August 24, 2005: (1) Copy of the parties' 2004 federal and state tax return (with all schedules and attachments); and (2) Any and all documents concerning the life insurance policies referred to in Paragraph No.9 ofthe Answer, including, but not limited to: policy certificates, policy statements, surrender documents, documents concerning any withdrawals, cash-outs, l~tC. Ifthese documents are not received by August 24, 2005, I will serve your client with a formal request for production of documents. Very truly yours, ~.~~ MICHAEL .~~ MAK: cc: Ms. Patricia Smithson EXHIBIT C LAW OFFICES MEYERS, DESFOR, SALTZGIVER& BOYLE 410 NORTH SECOND STREET P.O. BOX 106.2 \. EMANUEL MEYERS (1915-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE KELLY K. SMITH HARRISBURG, PA. 17108 (717) 236-9428 August 24, 2005 FAX (717) 236-2817 WEBSrTE www.meyersdesfor.com EMAIL IsaltzgiverOmeyersdesfor.com cboyIeCmeyersdesfor.com ksmithOmeyersdesfor.com VIA FAX & U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C, 219 State Street Harrisburg, P A 17101 RE: Todd Hobbv v. Patricia Hobbv Dear Mike: Please be advised that Mr. Hobby is not available for the week of August 29, 2005. Because it is the end of the month, he has thirty plus closings already scheduled. Given the late notice, he is not able to reschedule same. I renew my offer to have the deposition on the dates noted in my prior letter. Additionally, in response to your letter dated August 22,2005, as you are aware the parties filed jointly for the year 2004. Accordingly, your client is able to access this information on her own. As far as the life insurance policy, I enclose herewith a copy of a fax from New York Life Insurance Company regarding Mr. Hobby's life insurance policy, As you can see, the policy was cashed by Mr. Hobby and he received the sum of$I,478.02, As I have stated before, the other policy belonged to your client and we are not able to access this information as it is solely within her control. Finally, Mr, Hobby remains desirous of resolving this matter as quickly and as amicably as possible, As such, Mr, Hobby is willing to pay the $2.500,00, plus your client's half of the income tax refunds and the amount he received from cashing the life insurance policy. I believe this all your client is due under the Settlement Agreement and there will be no other offer for additional funds. Mr. Hobby is willing to make this payment immediately in total resolution of this matter, EXHIBIT D MEYERS, DESFOR, SALTZGIVEf;~ & BOYLE. Michael A. Koranda, Esquire August 24, 2005 Page 2 Kindly let me know your position. CAB/vjh Enclosure cc: Todd Hobby (without/enclosure) Very truly yours, C Catherine j , Boy Ie 2 5 2005 -'. _..-.~-------------.. iiEWYORKUFE INSURANCE eoMPANY POBCX691G CI..EVELAND OM "101.89' G 1.s00-G95-!lll73 """,.nowycrl<I;I~.=rrr Oocombcr 17, 2004 Agent: RAMONA F BIANCHI (717) 232-2555 11- 1...111...11I.....1.1.1.1...1.11I...1...1.1,.1..1\,.1..1,1.1.1 MR TODD A HOBBY 934 MAPlEWOOD LN ENOLA PA 17025-2074 Policy: 47509850 Premium Paitl-to-date: 10/1512004 Insured: MrTodd A Hobby This statement of a.cccu nt pIOvides a breakdown of values that comprise this seWemenl The PoHey Cash Value field includes any allowance fgr premiums paid beyond the cash value as of dale. If you have any questions regarding lhis Information, please comact your agent or one of our customer service representatives at 1 -SOO-SS5-9873. .. Policy Cash Value UnclUding any premium allOwance} as of 0811512004 Cash Value of OPP Paid.Up Adi:fllions OPP Premium Refund Premium Refund Sul:lIotal $0.00 1,307.35 0.94 339.93 $1.648..22 Less: Outstanding PorlCY Loan Checlc Amount $170.20 $1.478.02 This is not a. Modified Endowment P:olicy. TiDlable Gain Please see reverse side fartax iTlformalion. None o Enclosed is a eheckforthe amcuntpayable. o Funds have been forwarlledto 0 MainStay 0 o Money has been applied to N.Y, 1I1o policy(s). I VSCBP3Y New Yolk. L~e Insurance Company 08/11/2005 16:30 71 7236281 7 MEYERSDESFORSALTZGIV PAGE 01/01 ... (.AWOFFlCE;S MEYE:RS, DE:SFOR, SALTZGIVE:R & SaYLE. '410 NOATH .se:CONO SiFfe:tt P.O. BOX IQf!C!. I. E:t.4ANlJ!::LMevI::R5 (191.!.19'70) a~UC~ 0, tlt.$~O~ U.UFi!IE A SALlZGIVEFt CA't'HEFl:tN.E A. BOY\..E KELLY 1<. SMtT~ HARRISBURG. PA, 17108 (717) 236-S4ES August 1 L 2005 FAA (717) 2.31&-a817 WE:D$ITE: www.mevel'$desfar.ccrn !:MAIL~~.com d:lO'tIoOmeyermesfor.com lcsmIlhOmi)yQrvdoaKfor.CIOcn 114 FAX & u.s. MA~~ Michael A. Koranda, Esquire TOMASKO & KORANDA, P,C. 219 State Street Harrisburg, PA 17101 RE: Todd Hobbv v, Patricia Hobbv Dear Mike: Please be advised that Mr. Hobby has delivered a check to my office made out to your client in the amount of $2,500.00 as we discussed yesterday, He is also in the process of obtaining the additional $3,400.00 which represents your client's portion of the 2004 ta.x refund. However, the iSsue concerning the life insurance policies remains outstanding. I am interested to know what your suggested solution of this matter might be. Mr. Hobby is prepared to release the sums to your client once we are able to resolve all outstanding issues, including thc life insurance issues. Kindly advise to your position at your earliest convenience, V cry truly yours, CAB/vjh cc: Todd Hobby 11,' r- eatherin A. BO)'lt EXHIBIT E :::::::::::::.:.. TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 1710"1 RONALD T. TOMASKO MICHAEL A, KORANDA ....... Telephone (717) 238-1100 Fax (717) 238.6190 Email: contact@t-klaw.com August 12,2005 VIA FACSIMILE ONLY Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 171 08 Re: Hobby v. Hobby Dear Ms. Boyle: I am in receipt of your letter dated August 11,2005. IfMr. Hobby cannot transfer the life insurance policies, we expect him to pay the estimated value ($4,000.00) to Ms. Smithson. We also expect him to provide a full accounting of the parties' 2004 income tax refunds, and make immediate payment of all past-due sums, with interest, including the items described in Paragraphs 7(K), 8 and 11. Finally, we expect him to pay all costs, including attorney's fees, associated with his breach ofthe Agreement, which are presently estimated at $750.00. As an aside, Ms. Smithson is upset by your statement that Mr. Hobby will release the past-due $6,900.00 once we are able "to resolve all outstanding issues." She believes that the only outstanding issue is Mr. Hobby's non-compliance with the Agreement. She resents any attempt to renegotiate the terms of the Agreement, particularly when the attempt is accompanied by a threat to remain in breach unless concessions are made, Although she is desperate for the money, she will not allow this to be used by your client as some kind of bargaining leverage. We look forward to receiving the Answer to the Petition on or before August 19, 2005. Upon receipt ofthe Answer, I will contact you with our discovery needs. Very truly yours, MAK: cc: Ms. Patricia Smithson EXHIBIT F 08/22/2005 15:43 7172352817 MEVER5DESFOR5ALTZGIV PAGE 01/01 I.ItMANUE:t. MEYE~$ (1915-1970) 8RUC~ O. OI::.~FOR 1..A\"l~IE A. SAL.r%GIVEA CATIoIE:RINE: A. BOYLE: t<~LLY K. SMITH LAW Or'F'rct,$ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTJoI SECONt) $TRE:E:T P.O. aox IOf3a HARRISBURG. PA. 17108 (717) ~36-942e August 22, 2005 FAX C'717} 23"11"'7 "HaISt'rt www.r'rMW8nIdesfor.otnI EMAlL 1!8lt2gIvet.-n~OI'.oom ~eOmB)l8lJdM1t:)1:eom ksni-"_.oom W FAX &. U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 S tate Street Harrisburg, PA 17101 RE: Todd Hobby v. Patricia Hobbv Dear Mike: I am writing in reSponse to your letter dated August 22, 2005. Please be advised that I will be on vacation during the dates that you have suggested for Mr, Hobby's deposition. I will be available on Monday, September 19th, and Wednesday, September 21~' before \ :00 p,m. I am also available any day from September 26th through September 29th. Given the simplicity of this matter, I am a little surprised you wish to run up your client's expenses by taking a costly deposition, particularly in light ofMr, Hobby's willingness to resolve this matter amicably. I am sure you have had the opportunity to ask youI' client about the life insurance policy she has already cashed. If you contact New York Life Insurance, they ",ill provide you with Ibis information. Further, you will note the Settlement Agreement d.oes not require Mr. Hobby to do anything other than to relinquish his rights to said. po 1 icy, Accordingly, your client has already received those proceeds, I have also indicated that 1 am holding the $2,500,00 due: to your client and expect to receive the additional approximate $3,400.00 due to your client this week, Mr, Hobby is willing to make this payment immedi.ately and for settlement of this matter. You indicated that your client is "desperate for theSe funds." Accordingly, I do not understand why we would wish to spend this money on umlecessary litigation, when she could have the money immediately. Kindly discuss this offer with YOUI' client and let me know if she is interested. Very truly yours, CAB/vjh Enclosure cc: Todd Hobby (w/enclosure) EXHIB IT (; c.tlw_ B~ TOMASKO & KORANDA, I>.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAELA. KORANDA ..... Telephone (717) 238-1100 Fax (717) 238-6190 Emai1: contact@t-klaw.com August 25, 2005 VIA FACSIMILE & U.S. MAIL Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 17108 Re: Hobby v. Hobby Dear Ms. Boyle: Enclosed you will find a Notice of Deposition scheduling Mr. Hobby's deposition for 9:00 a.m. on September 2, 2005, at this office. Enclosed you will also find DefendantJPetitioner's First Set of Interrogatories Directed to PlaintiffiRespondent. Under the Order, all depositions have to be completed within 50 days of July 22, 2005. Because of your unavailability on the dates previously proposed, and my schedule, I have to select a date within the window provided in the Order. Should you or your client have a conflict on September 2, 2005, please advise of a different date within the discovery deadline. If neither you nor your client are available at any time before the deadline, then you will have to file a motion for a protective order or risk sanctions for failure to appear. The Interrogatories are due within thirty (30) days. Should your client provide full and complete answers to the Interrogatories within the next ten (10) days, I will consider cancelling the deposition. Finally, I'm tired of hearing that your client will honor his obligations under the Agreement in return for a total resolution of this matter. He should immediately pay Ms. Smithson what he believes is owed ($2,500 under Paragraph 7(K), $1,478.02 under Paragraph 8, and $3,400 under Paragraph II), and mitigate his exposure. Instead, he chooses to deny the material allegations ofthe Petition, assert a number of frivolous defenses, and stonewall requests for discovelY. To make matters worse, he tells us he will pay what is owed only in return for a global settlement. Be advised that Ms. Smithson remains will to settle this matter. As noted, she demands immediate payment of all sums due under Paragraphs 7(K) and 11, with statutory interest. With EXHIBIT H Catherine A. Boyle, Esquire Page 2 August 25, 2005 respect to Paragraph 8, she will accept $1,478.02 with statutory interest provided that Mr. Hobby execute an Affidavit stating he had no other life insurance policies (other than New York Life Policy 47509580) from the date of marriage to the date of the Agreement. Finally, she demands that Mr. Hobby pay all attorney's fees incurred in enforcing th,~ Agreement, which are presently estimated at $1,000,00. Very truly yours, MAK: Enclosures cc: Ms. Patricia Smithson 08/29/2005 13:21 71 7236281 7 MEYERSDESI~ORSAL TZGIV PAGE 01/01 /.AW O~FIC~S MEYERS. DESFOR, SALTZGIVER & BOYLE ....10 NOATIol SECOND STREE't P.O. BOX looe I, EMANUE;l,ME:YERS (1915-:1570) BRUCE p, bCSFOA ~uFtlt 1\. $ALTZGIVER CATHERINE A. 601'i"C t(E:LLY K. SMITH HARRISBURG, FA. 17106 (717) 236-9428 August 29. 2005 FAX. (717) ~~&-t.AI' WEBSITE www.l..f.tO.V(l~cies1or.com EMAIL ~rsd9lJfor.ccm c:bo-,o~l"3d8:;fol'.eOtl'l Ic$l'I"lit~mieafor.oom YM. FAX & U.S.~ Michael A. Koranda, Esquire TOMASKO & KORANDA, P .C. 219 State Street Harrisburg, PA 17101 RE: Todd Hobby v. Patricia Hobbv Dear Mike: I am in re<;eipt of your recent cOJTespondences and am writing in an effort to resolve this matter amicably. Mr. Hobby will make the following payments to your client immediately in full resolution of this matter: 1. The $2,500.00 due under paragraph 7 (k); 2. The $1,478.02 due under paragraph 8; 3. The $3,538.50 due under paragraph 11. Pleasc notc that the refund for ,the federal return totaled $6,952.00 and the rcfund for the state retam totaled $125.00. Accordingly, your clicnt is due fifty (50%) percent of the total amount. 4. $50.00 for interest due; and 5. $250.00 due for attorney's fees. Kindly discuss this offer with yoU! client and let me know your thoughts as soon as possible. Very truly yours. CAB/0h cc: Todd Hobby EXHIBIT I ------. TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsyivania 1710'1 RONALD T. TOMASKO MICHAELA. KORANDA .....' Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact@t-klaw.com August 29, 2005 VIA FACSIMILE ONLY Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 17108 Re: Hobby v. Hobby Dear Ms. Boyle: Your offer of August 29, 2005, is rejected. As previously stated, we will not entertain any proposal which: (I) conditions payment of the undisputed amounts on some type of global agreement; (2) lacks a means to verify the amounts your client claims to owe under Paragraphs 8 and 11; and (3) does not fully reimburse our client for attorney's fees paid in enforcing his obligations under the Agreement. We will see you and your client on September 2, 2005, Very truly yours, MAK: cc: Ms. Patricia Smithson EXHIBIT J "-. TOMASKO & KORANDA, P"C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T, TOMASKO MICHAEL A. KORANDA "'8"' Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact@t-klaw.com August 22, 2005 VIA FACSIMILE ONLY Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 171 08 Re: Hobby v. Hobby Dear Ms. Boyle: I am in receipt of your client's Answer to the Petition to Enforce Marital Settlement Agreement. I would like to take your client's deposition as soon as possible. I am available at any time on the following dates: September 7th, 8th, 9th, 12th and 13th. Please indicate your preference as to a date and time and I will issue the appropriate deposition notice. The deposition will be held at my office. Kindly respond to this correspondence within 48 hours. Thank you for your cooperation. Very truly yours, MAK: cc: Ms. Patricia Smithson EXHIBIT K LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062: I. EMANUEL MEYERS (1915-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE KELLY K. SMITH HARRISBURG. PA. 17108 (717) 236-9428 August 22. 2005 VIA FAX & U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 RE: Todd Hobbv v. Patricia Hobbv Dear Mike: FAX (717) 2:36-2817 WEBSITE www.meyersdesfor.com EMAIL IsaltzgiverOmeyersdesfor.com cboyleOmeyersdesfor.com ksmithCmeyersdesfor.com I am writing in response to your letter dated August 22" 2005. Please be advised that I will be on vacation during the dates that you have suggested for Mr. Hobby's deposition. I will be available on Monday, September 19th. and Wednesday, September 2]'1, before 1:00 p,m. I am also available any day from September 26th through September 29th, Given the simplicity of this matter, I am a little surprised you wish to run up your client's expenses by taking a costly deposition, particularly in light ofMr. Hobby's willingness to resolve this matter amicably. I am sure you have had the opportunity to ask your client about the life insurance policy she has already cashed, If you contact New York Life Insurance, they will provide you with this information. Further, you will note the Settlement Agreement does not require Mr. Hobby to do anything other than to relinquish his rights to said policy. Accordingly, your client has already received those proceeds. I have also indicated that I am holding the $2,500,00 due to your client and expect to receive the additional approximate $3,400.00 due to your client this week. Mr. Hobby is willing to make this payment immediately and for settlement of this matter. You indicated that your client is "desperate for these funds." Accordingly, I do not understand why we would wish to spend this money on unnecessary litigation, when she could have the money immediately. Kindly discuss this offer with your client and let me know if she is interested. ~iVf?trulYY."~:.~ /1. /~I (-~ ..' . Catherine!.. ", BOYl~!' CAB/v]h , " Enclosure EXHIBI'T Lf- cc: Todd Hobby (w/enclosure) .. -.... CERTIFICATE OF SERVICE AND NOW, this3/oSr day of ~t.RJ:;T ,2005, I, Michael A. Koranda, Esquire, attorney for the Defendant/Petitioner, hereby certify that I served the within ANSWER OF PATRICIA SMITHSON (HOBBY) TO MOTION FOR PROTECTIVE ORDER this day by: Facsimile & U.S. Mail, first class, postage prepaid, addressed to: The Honorable Edward E, Guido Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Fax: (717) 240-6460 Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 17108 Fax: (717) 236-2817 By: Q ,-, ; C) -n ~:.>l --i -.::c" en t"-':' C) r,-) t<~ ~:::' ~ TODD HOBBY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 04-5443 ClV1L TERM PATRlCIA SMITHSON (HOBBY), Defendant CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2, Date and manner of service of the Complaint: Certified Mail on November 5. 2004, 3. (Complete either paragraph (a) or (b),) (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the plaintiff June 23. 2005; by the defendant Mav 25. 2005. (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/A, (2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A, 4, Related claims pending: None, 5, Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(i) of the Divorce Code. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit MEYERS, DESFOR, $ALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: June 24. 2005, Date defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: June 24. 2005 llt:~YI~ '~ Attorney for Plaintiff MEYERS, DESFOA, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1002 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-;2817 C"j c:: t:'-' ,,,.J \ .:.:.~> C,l, C) ( .. o 'Tl _l 7:.' ~L: ;->,~~ a TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs, NO, 04-5443 CIVIL TERM PATRICIA SMITHSON (HOBBY), Defendant/Petitioner CIVIL ACTION - IN DIVORCE MOTION FOR SANCTIONS AND FOR COUNSEL FEES AND COSTS AND NOW COMES, Plaintiff/Respondent, Todd Hobby, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Motion for Sanctions and For Counsel Fees and Costs and in support thereof avers as follows: I. Movant is Todd A. Hobby, Plaintiff in the above-referenced matter. 2. Respondent is Patricia Smithson (Hobby), Defendant in the above-referenced matter. 3. On July 18,2005, Defendant filed a Petition to Enforce Marital Settlement Agreement, which remains pending before the Court, 4. This Honorable Court granted the parties the right to take depositions pursuant to an Order dated July 22,2005, See Order attached hereto and hereinafter referred to as Exhibit "A." 5, The hearing in this matter was continued to a date uncertain, 6, On September 1, 2005, Plaintiff served Defendant with a deposition notice for September 19,2005 and Defendant's counsel agreed to same in writing. Notably, both parties were to be deposed that day, See Deposition Notice attached hereto and hereinafter referred to Exhibit "B," 2 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 238-9428 . FAX (717) 236-2817 7. Six days later, Defendant's counsel said Defendant was not available to attend the deposition on September 19,2005, 8. Thereafter, Defendant refused to supply any alternative dates that were mutually convenient. 9. Accordingly, Plaintiff was forced to proceed with the September 19,2005, deposition and provided Defendant with duplicate notice of same via facsimile on September 15, 2005, See correspondence attached hereto and hereinafter referred to as Exhibit "C." 10, Defendant failed to appear for her deposition on September 19,2005. See transcript from September 19, 2005 deposition attached hereto and hereinafter referred to as Exhibit "D." 11. Defendant has indicated she will not appear in person for a deposition even though she is the moving party in the Petition pending before the Court, 12, Defendant is demanding to know Plaintiffs questions before attending a deposition, which will then only occur via telephone. 13, Plaintiff has a right to take Defendant's deposition in person, particularly since she is the moving party at this time. 14, Defendant's failure to appear on September 19,2005, is in violation ofthe Pa.R.C.P, 4019(a) (I) (iv). WHEREFORE, Plaintiff, Todd A. Hobby, resp(:ctfully requests this Honorable Court order the following: 1. Defendant must appear at a deposition before Plaintiffs counsel within twenty 3 MEYERS, DESFOR, SALlZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236-2817 days of the date of this Order; and, 2. Defendant shall pay Plaintiffs counsel fees, costs and expenses incurred as a result offailing to appear at the Septemb(,r 19,2005 deposition and filing this Motion. RespectfuJ1ly submitted, @~ Catherine A, Boyle, Esqu' Attorney I.D, 76328 Meyers, DEsfor, Saltzgiver & Boyle 410 North Second Street P,O, Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney t~ar Plaintiff 4 MEYERS, OESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (7171 236-2817 --9..-....-.......... oJ........ ...... v............. .- s TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffi'Respondent, vs. No. 04-5443 Civil Term PATRICIA SMITHSON (HOBBY), DefendantlPetitioner. : Civil Action - In Divorce AND NOW, this ORDER I'd';' dayof ~ ,2005, upon consideration of the Petition of Petitioner, Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement, it is hereby ordered that: (I) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an answer to the petition within date; f}o days of this (3) (4) (5) the Petition shall be decided under Pa, R.C,P. No. 206,7; depositions shall be completed within SD days of this date; argument shall be he?n 'SAF~ ~c... ,2005, at ~.' 3D in Courtroom No. of the Cumberland County Courthouse; A.~. (6) notice ofthe entry of this order shall be provided to all parties by the Petitioner. ,J. TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA vs. NO, 04-5443 C1VlL TERM PATRIClA SMITHSON (HOBBY), Defendant/Petitioner ClV1L ACTION - IN DIVORCE NOTICE TO TAKE DEPOSITION TO: Patricia Smithson Hobby, Defendant c/o: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.c. 219 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that pursuant to Pennsylvania rules of Civil Procedure, No, 4007, Catherine A, Boyle, Esquire, Attorney for Plaintiff, Todd Hobby, will take the deposition of Patricia Smithson Hobby, upon oral examination for the purpose of discovery and for use in evidence in the above action or for both purposes before a Notary Public of the Commonwealth of Pennsylvania, at the offices of Meyers, Oesfor, Saltzgiver & Boyle, 410 North Second Street, Harrisburg, Pennsylvania on September 19,2005 at 1:00 p.m., or other person authorized to take depositions on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action and that said Patricia Smithson Hobby is required to appear at the aforesaid time at the above address and submit to such examination before said Notary Public. MEYERS, OESFOR, SAL TZGlVER & BOYLE BY~C, Catherine A, Boyle, Esquire 1.0, No, 76328 Dated: 7 It /os- I I' II .' MEYERS, DESFOR. SALTZGIVER a, BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 23Ei-2817 TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-5443 CIVIL TER1\;I PATRICIA SMITHSON (HOBBY), Defendant/Petitioner CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this 1st day of September, 2005, a copy of the attached Notice to Take Deposition was sent via facsimile and U.S. Mail to: Patricia Smithson Hobby, Defendant c/o: Michael A. Koranda, Esquire TOMASKO & KORANDA. P.c. 219 State Street Harrisburg, PA 17101 ~O:EYY Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER &; BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236..2817 LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 September 15, 2005 FAX(717J 236-2617 WEBSITE W'NW.meyersdesfor.com EMAIL lsaltzgiver@meyersdesfor.com ~e@meyersdesfor.com ksmith@meyersdesfor,com I. EMANUEL MEYERS (1915-1970) BRUCE D. DE.SFOR lA.URIE A. SALTZGIVER CATHERINE A. BOYLE KELLY K. SMITH HARRISBURG, PA. 17108 (717) 236-9428 VIA FAX & U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, P A 17101 RE: Todd Hobbv v. Patricia Hobbv Dear Mike: This letter will serve to confirm my office's communication with your office that Mr. Hobby's deposition has been continued to September 28, 2005 at 9:30 a.m. at your office. For the sake of convenience, I have offered to continue your client's deposition to the same date to begin at 1 :00 p.m. at my office. Your secretary indicated she has not yet heard from your client to be able to inform us as to whether she can be present on that date. Accordingly, it appears the deposition for your client remains scheduled for Monday, September 19.2005 at 1:00 p.m. at my office. I will also note that since you are deposing Mr. Hobby afi:er the Court's original hearing date, I trust that you will request a continuance from the Court for the hearing that was originally scheduled for September 26, 2005. Thank you for your attention to this matter. Very trulv yours. CAB/vjh cc: Todd Hobby IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD HOBBY, Plaintiff/Respondent No. 04-5443 Civil Term vs. PATRICIA SMITHSON (HOBBY), Defendant/Petitioner Civil Action-In Divorce Scheduled Deposition of: PATRICIA SMITHSON (HOBBY) Taken by Plaintiff/Respondent Date September 19, 2005; 1:00 p.m. Place 410 North Second Street Harrisburg, Pennsylvania Before Susan D. Kashmere, RPR Reporter - Notary Public APPEARANCES: MEYERS, DESFOR, SALTZGIVER & BOYLE By: CATHERINE A. BOYLE, ESQ. For - Plaintiff/Respondent FILIUS & Me ORTIN'G SERVICE, INC. Harrisburg 717.236-0623 York 717-845-6418 PA 1-800-233-9327 2 1 This is the time and date noticed for 2 Patricia Smithson Hobby's deposition. It is 3 now 1:30 and neither Ms. Smithson or her 4 attorney have shown up and we've received no 5 telephone messages or correspondence indicating 6 why they are absent. 7 (Whereupon, the statement concluded at 8 1:30 p.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FILIUS & McLUCAS REPORTING SERVICE. INC. Harrisburg 717~236-0623 York 717-845-&HB PA 1~800-233-9327 3 CERTIFICl',TE I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings, and that this copy is a correct transcript of the same. '1- 19 - oS- _ 4~~~~_~-.:_~.i:z~ ~~~~ Kashmere, RPR Reporter, Notary Public Date NOTARIAL SEAL Susan D. Kashmere, Notary Public Lower Paxton Twp., Daupbin County My commission expires April 18, 2008 FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisbllrg 717-236-0623 York 717-845-6418 PA 1-800~233~9327 VERIFICATION I, , verify that the statements made in this are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Defendant II I Ii II I' I' ,I II I! MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O_ BOX 10Ei2 . HARf:tISBURG, PA 17108 (717) 236-9428 . FAX (717') 236-2817 TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-5443 CIVIL TERM PATRICIA SMITHSON (HOBBY), : Defendant/Petitioner CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this ~day Of~,- ,2005, that a copy ofthe foregoing Motion For Sanctions and For Counsel Fees and Costs was sent via facsimile and U.S. mail, first-class, postage pre-paid to: Patricia Smithson (Hobby) c/o Michael Koranda Tomasko & Koranda 219 State Street Harrisburg, PA 17101 hfk~c. Catherine A. Boyle, Esquir Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 106:;:~ . HARRISBURG, PA 17108 (717)236-9428 . FAX (717) 236-2817 ,..~,." ':::'..> 0 c":;, "11 e..r't 0 -., T C") fi, -. -.J 6 -i -, Co,) ~D ..<~ -' ..< - .=".~.- ,.:.:~' .=.~.' .::.:~ ".:.::.' ".::.;. '.::.},-- .~:.c. ',~:~::.';:'::" .::.:~:-_.:.~~::' '.:.~. - .:+;. .:+}.:+:. '.::.~. .::+:.', ~:.~.' .::+-:.' .::+~:.: ":< "-~~~<':-e( >:.e~:: .:,~:+;~" :".::.~.: <+}. _~ .:+;.,.::+;( ",.:.:~;, ':;~;~ ~ (~~.-~~__-_______~'____________________________________________~_________________,,----"",----"_______________________________r~_______ ~'.~ fl:.~ - ~ * ~.~ ~ IN THE COURT OF COMMON PLEAS ~ '.' ~ '.' OF CUMBERLAND CC)UNTY ~ STATE OF PENNA. ~ ~ '.' ~I ~ '.' ~ Todd Hobby, ~ N (). q.~.~:544}... ~ '.' Plaintiff ~\ ~) '.' Versus ~ ... Patricia Smithson. (ijolJl:lY) Defendant f.' ~ .' ~ '.' ~ '.' DECREE IN ~ I va R C E a- v.'~0".;YJ . . q. .. . , . .. . /. 7.. . .. . .. . ,J@~., it is ordered and j '.' ~ ... rI. y ,.. ~ ... AND NOW, decreed that ..... ~C?q.<,:l. .~C?I?l?Y. . . . . . . . .. . . . . . . . . . . . . . . . , .. . . . . ., plaintiff, d n t " 'th d f d an .........,.......,.;1. .r.J.C).P. .Sm:1-. son.. tHobby.~ . . , . . . . . . , . " e en ant, are divorced from the bonds of matrimony. ,", ~ ,.~ ~ ~ 't f.~ ~ ,', ~ ~ 't The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ........,... .t).fJ.~,~............ ................,...... ~ 't I':.~ ~ ~ ... f.~ ~ ~ " ,', ~ ~ '.' r t : ~ "., Attest: ~ v ~ ~ , ~ . . - - ' ' ~ '~-~~----------------~--------~,---------~----------.....--....~~,-------"--------~-,-..,-~---,---,-----,,--------------,--------------~-~---',----.....-'-------~,--'-~------..--,-----~------,-"---,-,- ~-~.~~~~-~-~~~-~~~~~~~~-~~~.~~~~~~~ Prothonotary ..~ * ,... * ~ '.' ~ '.' ,', ~ ~ ~l ~ '.' b. ~ ,', ~ ~ fl:." ~ 't ~ ~." ~ ~."J ~ '"i ~ ~:~ ~ ~.'1. ~ fl:l- i fl:;~ l~ ~." ,;" ~ ~ ~.~ ~ lol ~ ~ ~.' ~ ~ '.' ~ '.' ~ '.' ~ ... $ ~ ~ $ J. * ~ ~ ~ '.' ,~?/ ~/ :Z' ~~>'o/ ~:/. ~' ;;r7~- /f7VW /~ P{) . ".. ...., to St/ ! l" - ,;y' 9/' /e.:' r.J/ .. TOMASKO & KORANDA, P.C. By: Michael A. Koranda, Esquire P A ill #58808 219 State Street Harrisburg, P A 17101 Phone: (717) 238-11 00 mkoranda@t-klaw.com Attorneys for Defendant TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, vs. No. 04-5443 Civil Tenn PATRICIA SMITHSON (HOBBY), DefendantlPetitioner. Civil Action - In Divorce SECOND PETITION OF PATRICIA SMITHSON (HOBBY) TO ENFORCE MARITAL SETTLEMENT AGREEMENT NOW COMES DefendantlPetitioner, Patricia Smithson (Hobby), by and through her attorney, Michael A. Koranda, Esquire, and petitions this Honorable Court pursuant to 23 Pa. C.S. 93105, as follows: 1. Petitioner, Patricia Smithson (hereinafter, "Wife"), is an adult individual currently residing at 4695 Wild Iris Drive, Unit 202, Myrtle Beach, South Carolina, 29577. 2. Respondent, Todd A. Hobby (hereinafter, "Husband"), is an adult individual currently residing at 934 Maplewood Lane, Enola, Cumberland County, Pennsylvania, 17025. 3. On October 28,2004, Husband filed a complaint in divorce against Wife. 4. After extensive negotiations, on May 25,2005, Husband and Wife entered into a Marital Settlement Agreement ("Agreement") determining their rights and obligations under the ." Divorce Code of 1980, as amended. A true and correct copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein. 5. On July 18, 2005, Wife filed a Petition to Enforce Marital Settlement Agreement alleging that Husband violated Paragraphs 7(K), 8 and 11 of the Agreement by failing to pay certain monies or transfer certain property to Wife. 6. A hearing on said Petition was scheduled for September 26,2005, but was continued generally upon Husband's request and no new hearing date has been scheduled. 7. Paragraph 7(D) ofthe parties' Agreement provides, in relevant part: With respect to the motor vehicles owned by one or both ofthe parties, they agree as follows: (1) Husband shall retain possession of the 2004 Lexus, and shall remain responsible for any debt associated with this vehicle. (2) Wife shall retain possession of the leased 2004 Acura. Husband shall remain responsible for any debt associated with this vehicle. Husband agrees to indemnifY and hold Wife harmless on these lease payments and on the insurance premium payments relating to this vehicle for the period of obligations as set forth in the leasing and insurance contracts. [Exhibit A, Paragraph 7(D) (emphasis added)]. 8. The lease for the 2004 Acura described in Paragraph 7(D)(2) of the Agreement is in the joint name of Husband and Wife. 9. The lease statements and payment coupons for the 2004 Acura are mailed on a -2- , . monthly basis to Husband at Husband's residential address in Enola, Cumberland County, Pennsylvania. 10. Wife recently learned that in violation of Paragraph 7(D)(2) of the Agreement, Husband has failed and/or refused to make the monthly lease payments on the 2004 Acura. Specifically, Wife believes, and therefore avers, that Husband failed to make and/or failed to timely make a lease payment for September 2005, and possibly other months, resulting in the imposition of late fees and possibly jeopardizing Wife's credit standing. Wife further believes, and therefore avers, that the account is at least one (I) month in arrears, as the outstanding account balance as of October 21,2005, was $1,022.81. A true and correct Monthly Statement from Honda Financial Services dated September 26, 2005, is attached hereto as Exhibit B and is incorporated herein. II. Paragraph 7(K) of the Agreement provides, in pertinent part: In consideration of the agreements set forth herein, Husband shall pay to Wife a cash payment of $10,000.00. A payment of$6,500,00 will be paid at the time this Agreement is executed by the parties. A second payment of $3,500.00 will be paid to Wife within one year of the date of the final divorce decree .... [Exhibit A, Paragraph 7(K) (emphasis added)]. 12. Paragraph 14 ofthe Agreement provides, in relevant part: Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consents and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a duplicate decree .... [Exhibit A, Paragraph 14]. -3- , . 13. By letter dated May 26,2005, a true and correct copy of which is attached hereto as Exhibit C, Wife's Affidavit of Consent and Waiver of Notice was forwarded to counsel for Husband. 14. In violation of Paragraph 14 of the Agreement, Husband waited until June 23, 2005, to execute his Affidavit of Consent and Waiver of Notice, and further waited until on or about October 13,2005, to file the required Praecipe to Transmit Record, Divorce Information Sheet and proposed Divorce Decree. 15. By waiting over four (4) months to file the Praecipe to Transmit Record and other required documents, Husband effectively obtain a four (4) month extension with which to make the remaining $3,500.00 payment to Wife set forth in Paragraph 7(K) of the Agreement. 16. Paragraph 15 of the Agreement allows either party to seek appropriate equitable and/or legal relief to enforce his or her rights under the Agreement. Paragraph 15(C) of the Agreement further provides, in relevant part: .... It is the specific agreement and intent ofthe parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. Wife respectfully requests that Husband be found in breach of Paragraphs 7(D)(2) and 14 of the Agreement. 18. Wife further requests this Honorable Court grant appropriate equitable and legal relief to redress Husband's willful and substantial violations of the Agreement, including: (a) Directing Husband to pre-pay all remaining amounts due on the lease for -4- the 2004 Acura, or, in the alternative, place sufficient monies into an escrow account controlled by Wife or a third party to make all remaining lease payments associated with the 2004 Acura; (b) Directing Husband to make all past-due payments and late fees associated with the lease on the 2004 Acura; (c) Amending Paragraph 7(K) of the Agreement to provide that Husband must make a lump-sum payment of $3,500.00 to Wife on or before June 29, 2006; (d) Directing Husband to pay any and all costs, expenses and counsel fees incurred by Wife in enforcing Husband's obligations under the Agreement; and (e) Such other relief as may be reasonable, appropriate and just. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the instant petition and award the relief set forth above. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, P A 171 0 1 Telephone: (717) 238-1100 BY~&~ PA ID #58808 -5- , , ."1 MARITAL SETTLEMENT AGREEMENT I THIS AGREEMENT, made this ) 5J.... day of InO)' 2005 between Todd A. Hobby, hereinafter referred to as "Husband"', and Patricia L.S. Hobby, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 21,2000 and WHEREAS, certain differences arose between the parties as a result of which they separated on October 26, 2004, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support andlor maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and NOW THEREFORE, in consideration ofthe above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: EXHIBIT A ~ ~, . t ""j 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement, Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since October 26,2004, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and air claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since October 26, 2004, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by her. ~ (~ 2 .', 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: DESCRIPTION A. Mortgage on Marital Home B. Second Mortgage on Marital Home C. Third Mortgage on Marital Home D. Condo #1 Mortgage E. Condo #2 Mortgage F, 2005 Lexus G. 2005 Acura H. Credit Line AMOUNT PERSON $174,000 H&W $44,800 $22,000 H&W H&W $90,000 $52,000 H&W H only H only H&W $8,000 H&W The parties agree that Husband shall hereafter be responsible for paying debts A, B, C, E, F, G and H above. The parties agree that Wife shall hereafter be responsible for paying debt D above. Husband agrees to pay the outstanding joint debts as allocated, obtain a release and discharge of Wife's obligation of such debts as stated in this Agreement or within ninety (90) days after execution of this Agreement, whichever is earlier, and further agrees to indemnify and save harmless Wife from any liability for such debts or obligations in the event that either party contracted or incurred any debts, other than those specifically identified herein since October 26, 2004, the party who incurred the debt shall be responsible for its payment regardless ofthe name in which the account may have been 3 @ c/1 . : " charged and agrees to indemnify and hold harmless the other for any liability for such debts. Wife agrees to pay the outstanding joint debts as allocated and further agrees to indemnify and save harmless Husband from any liability for such debts or obligations in the event that either party contracted or incurred any debts, other than those specifically identified herein since October 26, 2004, the party who incurred the debt shall be responsible for its payment regardless ofthe name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 4 @ 1) . 1 .', 7. EQUITABLE DISTRIBUTION: A. Real Estate (JJ Marital Home (934 Maplewood Lane, Enola, PAl The parties are the joint owners of real property at 934 Maplewood Lane, Enola, PA. Wife hereby conveys unto Husband all of Wife's right, title and interest in this property, Husband shall refinance the three existing mortgages on this property on or before June 2005, thereby releasing Wife from any and all obligations associated therewith. Husband shall remain responsible for all cost associated with this property including real estate taxes, insurance, maintenance and utilities. Wife shall execute a transfer Deed reflecting her relinquishment, waiver and abandonment forever. Husband shall indemnify and hold Wife harmless for all past, present and future indebtedness on this property. Husband shall be entitled to claim all interest, real estate taxes and any other permissible expenses paid for the purposes of tax filings. The parties agree that Husband shall have sole and exclusive possession of the marital premises as of October 26, 2004. (2) Condo #1 (4695 Wild Iris Drive, Apartment 202, Myrtle Beach, SC) The parties are the joint owners of real property at 4695 Wild Iris Drive, Unit 202, Myrtle Beach, SC. Husband hereby conveys unto Wife all of Husband's right, title and interest in this property. Wife shall refinance the existing mortgage on this property on or before September 2005, thereby releasing Husband from any and all obligations associated therewith. Wife shall remain responsible for all cost associated with this property including real estate taxes, insurance, maintenance and utilities. Husband shall execute a transfer Deed reflecting his relinquishment, ~ 5 , . waiver and abandonment forever. Wife shall indemniiJ and hold Husband harmless for all past, present and future indebtedness on this property, Wife shall be entitled to claim all interest, real estate taxes and any other permissible expenses paid for the purposes oftax filings. (3) Condo #2 (4773Wild Iris Drive, Unit 101, Myrtle Beach, BC) Husband was the owner ofreal property at 4773 Wild Iris Drive, Unit 101, Myrtle Beach, SC. Husband sold this property to Wife's parents. Any proceeds from the sale shall be Husband's sole and separate property. Husband shall indemniiJ and hold Wife harmless for all past, present and future indebtedness on this property. Husband shall be entitled to claim all interest, real estate taxes and any other permissible expenses paid for the purposes of tax filings until the time of sale. B. Contents of Wife's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife. C. Contents of Husband's Residence: Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband. 6 .~ D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) Husband shall retain possession of the 2004 Lexus, and shall remain responsible for any debt associated with this vehicle, (2) Wife shall retain possession of the leased 2004 Acura. Husband shall remain responsible for any debt associated with this vehicle. Husband agrees to indemnify and hold Wife harmless on these lease payments and on the insurance premium payments relating to this vehicle for the period of obligations as set forth in the leasing and insurance contracts, (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Individual Retirement Accounts, Pensions snd Employment Benefits Each party shall retain sole ownership and control of their IRA's, Pensions and Employment benefits. F. Joint Bsnk snd Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts, Husband shall retain all of the current balances in his current savings and checking accounts. G. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any 7 ~ insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H, Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, 'assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 1. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non'taxable division of property between co. owners rather than a taxable sale or exchange of such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8 Q K. Cash Payment: In consideration of the agreements set forth herein, Husband shall pay to Wife a cash payment of $10,000.00. A payment of $6,500.00 will be paid at the time this Agreement is executed by the parties. A second payment of $3,500.00 will be paid to Wife within one year of the date of the final divorce decree, The parties agree that this cash payment is only for the purposes of equitable distribution, and shall not be considered alimony, 8. LIFE INSURANCE: The parties have two (2) life insurance policies with an approximate cash value of $4,000.00. Husband agrees to transfer any and all interest in these policies to Wife. 9. ALIMONY: Alimony is waived by both Husband and Wife. 10. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before during and after the commencement of the proceedings for divorce or annulment between the parties. 9 ~ 11. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties agree to file joint taxes for the tax year 2004, and equally divide any refunds therefrom. The parties agree to file separately for 2005 and thereafter, 12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will ofthe other, and right to act as administrator or executor ofthe 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 interests, rights and claims and both parties will revoke prior wills or testamentary documents. 10 ~ 13. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however; that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been" mayor shall be instituted by the other party, or from making any just or proper defense thereto. Ifis warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement, 11 @ Ii 14, SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301 (c) or (d) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consents and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 15. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of 12 ~ . . the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs oflitigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent ofthe parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENT: Each ofthe parties shall from time to time, at the request of the other, 13 ~ . " execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs; of the other which has been requested by each of them or by their respective counsel. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution oftheir property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. al or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein 14 ~ contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 15 ~. . . 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 16 ~j~ 27. BANKRUPTCY: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party for the benefit ofthe other party pursuant to the provisions of this Agreement, the debtor"spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor" spouse, and the debtor-spouse hereby assigns. transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor"spouse as set forth herein. including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable. regardless of Federal or State law to the contrary. and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. IN WITNESS WHEREOF. the parties hereto have set their Hands and Seals the day and year first above written. (SEAL) /1 / t / . ,,/. - [(~/lllU' ( S' J,-d,il Patricia L.8. Hobby :/1 (SEAL) /' J/ :! ./. ,;J //":/..... ~ 7 '(': > (. _~_-<(/~ Witness y .. - 17 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ([rd1lkr /tl/l e:! ss BEFORE ME, the undersigned authority, on this r;;s fA day of IYJ ~ . 2005, personally appeared Todd A. Hobby, known to me to be the person who execute the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. 'I 'If. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS d r day of f~, 2005. NOTARIAL SEAL THOMAS c. HADLEY, Notary Public Hampden Twp., Cumberland County My Commission Expires Nov. 19,2006 '--7,t,w-. 14&7 Notary Public in and .fur the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY OF Ct.{m t;~r/~n cI ss BEFORE ME, the undersigned authority, on this .J'T '#. day of fJ1 ~ . 2005, personally appeared Patricia L.S. Hobby, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. '1 -..J-i. ell GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ j day of J I t'l-~J-' 2005. NOTARIAL SEAL THOMAs C. HADLEY, Notary Public I:fampden Twp., CUmberland County My CommissIon Expires Nov. 19, 2006 '~~' '-/ '. '. /.., ~Yh ;/ ~.b'if? Notary Public in an~r the Commonwealth of Pennsylvania 18 L~ HONDA Financial Services American Honda- Financ.e Curpc'Jration P.O. BOx 6034 Newark, DE 19714.6034 MONTHLYSTATEMENf including activity through September 26, 2005 - U$~ Jh(r Qddn:ss above Jor CQTTupCJn"tn.CtJ otl.ly. AHFC's Curtomtr Scrvt(:~ i: aYail.~/. ., 1-IIQU-~J6.1)939 w.ekday,' fro", 9:00 AM '0 H}(J I'M EST. CJp-to-datf p(1.YQif infunnarion is tlvQ.il"bl~ at 'his tf.UnWer 24 hOUTS a day. Visit US at' wWlll.ho"d'tli1lam:i4l..rvicc~.c;:oJtt. ACCOUNT SUMMMY Account No, 40484023 Vehicle 04 ACURA TL-NA VI VIN 19UUA66244A~ tlBWNGKLH #L800040484023090# 004281 RE PATRlCIA L HOBBY TODD A HOBBY 908 DERBYSHIRE AVE MECHANICSBURG P A ScheduJe(l Payment Due 10/16/05 C\lrrenl Other Charges l'...t Due Amuunt Total Amount Due $498.93 $24,95 $49d.93 $1,022,81 17055-5703 1",111",111,",1,1"1,1"1,1,1",111",.,11,11,,,1,.1.1,1,,I Lease Term 48 Months Remaining 27 Maturity Date January 16, 2008 nMeri1)tinn Amondt Tay Tolal Current Activity Late Charge $24.95 $24,95 Monthly Payment $457,73 $41.20 $498.93 Prior Billing Detail Monthly Payment $498.93 $498.93 This statement includes an amount from a prior billing, which is now past due. If your remittance ha.s nOI been sent, it is important that you contact our branch office at the pllone number noted above. We are concerned for the families affected by Hurricane Katrina, To provide aIlsistance to customers affected by this trqedy, we implemented our Disaster Relief Program which allows for payment extensions and other act:Omooations. We are encouraging impacted customers 10 contact Custu...er :x.nice to disCUSi special arrangements. ~ti Mi'I(P. N:1P.0:: PAYi\SlE roAM~I.II/'1IJ(lNUA 'l""....IIIn:: CORPORATION OR hHFC. _+___mm____........... ....... .""..-----n-.-;.-INi:;Ly-iilruij.jmi&w-ui~-A;.-u-,;.-~r;EYOU1\Ni:O-u;.;r ;.jUMBE:i,.;~~i;i;;;-...i:;;;m_--_....u.n_...........' 1011 HONDA PAYMENT COUPON Fi nancial Services ~~~~ Plea.e note cbanges to your addr... or phone number on back. MAIL PAYMENTS TO: O Check here if you would like infonnation on making your payments electronically, S~e r~vers~ for details. PAiRICIA L HOBBY TODD A HOBBY 908 DERBYSHIRE AVE MECHANICSBURG PA 17055-5703 AMERICAN HONDA FINANCE CORP P,O. BOX 7829 PHILADELPHIA PA 19101-7829 111,111.111.,.111111,11,11111111111,.,1,11,1,,"1111.111111III DDDDD0404a4023 000000000 000 001022811 lo1bOS 028578491 ~ GOOd W~ ~l:vO S0eG~Sl-~~O EXHIBIT B . . RONALD T. TOMASKO MICHAELA. KORANDA Heather L. Harbaugh, Esquire FOULKROD HARBAUGH 17 West South Street Carlisle, P A 17013 Re: Hobby v. Hobby Dear Ms, Harbaugh: TOMASKO & KORANDA, P.C. Attorneys at law 219 State Street Harrisburg, Pennsylvania 17101 ~1 Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact@t-klaw.com May 26, 2005 My client advised that on May 25,2005, the parties executed five (5) counterparts of the Marital Settlement Agreement. My client kept two (2) counterparts while your client 'retained three (3). My client also executed an Affidavit of Consent and Waiver of Notice, the originals ot which are enclosed. Please file a Praecipe to Transmit Record at your earliest opportunity and provide us with a Decree in Divorce as provided in Paragraph No, 14 of the Agreement. Also, please instruct your client to forward a check to my office payable to "Patricia Smithson" for all sums due under the Agreement. Thank you for your continued cooperation. If you have any questions, please feel free to give me a call. MAK: Enclosures cc: Ms. Patricia Smithson Very truly yours, EXHIBIT C . , TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No. 04-5443 Civil Term PATRICIA HOBBY, Defendant. Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ,.,,1'7r~ /.) ") Date' ~'A .' .. ", . i '1.'-; I ~ . -, r t,.- ." / l't.' f,' .t.. or"~ ('. ~'\ ,>> /C<':/. PATRICIA HOBBY Defendant . . Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TODD HOBBY, vs. No. 04-5443 Civil Term PATRICIA HOBBY, Defendant. Civil Action - In Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301 (c) of the Divorce Code was filed on October 28, 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my-spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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:-') . j . t ,.' ( i" :i -,.~~/{ i~.~(;, ,,~~ , ....< ".. ". /: 1 .. PATRICIA HOBBY Defendant 2'<l Y~:RII"ICATION 1 verify lhut the statements made in the attached SJ<:COND PETITION are true .rnt! correct to the best of my knowlctlgc, inf'onn,nion and helief I undcrslan,i thai nllsc stntcmcnts hcr\,;in ,u-e made subject to penaltie; of II) Pa. c.s. &4904 relating to ullswom fabiLicalion 1.0 authorities. DA TED: ~ ~// a,/-~.r"~., ~_':-/./..sJ'- ,#'4'0(:':7' 0'5"- -- PATRICIA (IJOBBY) SMrIlJSON <lSv:vo so 02 ~OO , . CERTIFICATE OF SERVICE AND NOW, thisZl1'dayof ()::roflf!( , 2005, I, Michael A. Koranda, Esquire, attorney for the Defendant/Petitioner, hereby certify that I served the within SECOND PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT this day by: u.s. Mail, first class, postage prepaid, addressed to: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGNER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 17108 By: TODD HOBBY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA SMITHSON (HOBBY) : NO. 2004 - 5443 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 24TH day of OCTOBER, 2005, a Rule is issued upon Defendant to Show Cause why the Motion for Sanctions and Counsel Fees should not be granted. Rule returnable ten (10) days after service upon her counsel. Edward E. Guido, J. ~therine A. Boyle, Esquire For the Plaintiff :sld ~) ,rJ; \ ()' ~0 vMichael A. Koranda, Esquire For the Defendant r ~;~. " , cV I~. f~~ . TOMASKO & KORANDA, P.c. By: Michael A. Koranda, Esquire PA ill #58808 219 State Street Harrisburg, PAl 710 I Phone: (717) 238-1100 mkoranda@t-klaw.com Attorneys for Defendant TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, vs. No. 04-5443 Civil Term PATRICIA SMITHSON (HOBBY), Defendant/Petitioner. : Civil Action - In Divorce ANSWER OF DEFENDANT, PATRICIA SMITHSON (HOBBY), TO PLAINTIFF'S MOTION FOR SANCTIONS AND FOR COUNSEL FEES AND COSTS NOW COMES Defendant, Patricia Smithson (Hobby), by and through her attorney, Michael A. Koranda, Esquire, and answers the Motion for Sanctions ,rod for Counsel Fees and Costs filed by Plaintiff, Todd Hobby, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further response, the Order dated July 22, 2005 expressly provided that "depositions shall be completed within 50 days of this date" which would have been September 10, 2005. See Exhibit A to Plaintiffs Motion (emphasis added). 5. Admitted. 6. Admitted in part; denied in part. It is admitted that Plaintiff unilaterally scheduled Defendant's deposition for September 19, 2005. It is specifically denied, however, that counsel for the Defendant agreed to make the Defendant availabIe for a deposition on that date. To the contrary, by letters dated September 12, 2005 and September 16,2005, counsel for the Defendant specifically advised counsel for Plaintiff that Defendant was not available for a deposition on September 19,2005. See Exhibits 1 and 2. Specifically, counsel for Defendant advised that: (a) Defendant just started a new job in South Carolina and could not take off work on September] 9,2005; (b) Defendant would be available for a deposition on September 26, 2005, as she had made previous arrangements to attend the hearing scheduled for that day on her Petition to Enforce; ( c) Defendant could be deposed by telephone on any mutually-agreeable date; and (d) Defendant could, upon short notice, travel to this area on another date provided that Plaintiff agree to pay her airfare. Counsel for Plaintiff did not respond to any of these offers, and did not advise that she intended to proceed with the Defendant's deposition on September 19, 2005, despite the Defendant's stated unavailability. Additionally, it should be noted that counsel for the Defendant granted several requests to reschedule the Plaintiff's deposition based upon the unavailability of PIa in tiff or his counsel. 7. Admitted for reasons stated in Paragraph No.6, supra. 8. Denied. It is specifically denied that Defendant refused to supply alternative dates for her deposition. As stated above, Defendant offered to be deposed at counsel's office on September 26,2005. Additionally, Defendant offered to be deposed by telephone on any mutually convenient date and time. Finally, Defendant agreed to appear at counsel's office upon -2- short notice provided that Plaintiff pay her airfare. 9. Denied. See Paragraph Nos. 6 and 8, supra. 10. Admitted forreasons stated in Paragraph Nos. 6 and 8, supra. 11. Denied for reasons stated in Paragraph Nos. 6 and 8, supra. 12. Denied. It is specifically denied that Defendant is "demanding to know Plaintiffs questions before attending a deposition, which will then only occur by telephone." To the contrary, Defendant repeatedly questioned Plaintiff s sudden desire to depose her and demanded to know "how [Defendant's] testimony is relevant to the issues before the Court, particularly in light of Paragraph No. 20 of [the parties' Marital Settlement Agreement].'" See Exhibit 2. Defendant also asked counsel for Plaintiff to explain "why you will not agree to a telephone deposition, particularly in light of [Defendant's] new job in South Carolina." Id. As noted above, counsel for Plaintiff never responded to these queries. 13. Admitted in part; denied in part. While Plaintiff may have a right to depose Defendant, that right is limited by the express terms of the Order dated July 22,2005 and the Pennsylvania Rules of Civil Procedure. Plaintiff herein clearly attempted to depose Defendant 'Plaintiffs defense to Defendant's Petition to Enforce Marital. Settlement Agreement centers around one or more verbal agreements allegedly made by the parties excusing or delaying Plaintiffs obligations under that Agreement. Paragraph No. 20 of the parties' Agreement provides as follows: A modification or waiver of any ofthe provisions ofthis Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. See Petition to Enforce Marital Settlement Agreement, Exhibit A. -3- outside the 50-day window allowed in the Order and no request to extend that time limit was requested or granted. Plaintiffs attempt to depose Defendant is also contrary to the limitations of discovery set forth in Pa. R.c.P. 4011. Plaintiffs failure to explain how Defendant's testimony is relevant to the claims and defenses raised in the Petition to Enforce, coupled with Plainti ff s refusal to agree to a telephonic deposition, strongly suggests that the discovery is sought in bad faith. See Pa. R.C.P. 4011(a). Furthermore, Plaintiffs insistence that the deposition occur in Harrisburg would cause unreasonable annoyance, burden and expense to Defendant inasmuch as she would have to travel from South Carolina and miss one (1) or more days of work. See Pa. R.C.P. 4001(b). 14. Denied. The allegations ofthis paragraph are legal conclusions to which no responsive is required. To the extent that a response is required, the allegations are specifically denied for reasons stated herein. WHEREFORE, Defendant, Patricia Smithson (Hobby), respectfully requests that the Motion for Sanctions and for Counsel Fees and Costs be denied, and that attorney's fees and costs be taxed against Plaintiff pursuant to Pa. R.C.P. 4019(g)(2) and 42 Pa. C.S.A. 92503(7) and (9). Respectfully submitted, TOMASKO & KORANDA, p,c. 219 State Street Harrisburg,PA 17101 ::~hO", (717)23'~ MICHAE A. KORANDA PA lD #58808 -4- TOMASKO & KORANDA, P.C. Attorneys at law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAELA. KORANDA ~, Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact@t-klaw.com September 12,2005 Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 17 I 08 Re: Hobby v. Hobby Dear Ms. Boyle: Be advised that Ms. Smithson is not available on September 19, 2005. She jus'! started a new job in South Carolina and cannot take off work that day. She is, however, available on September 26, 2005, as she made previous arrangements to take that day off in order to attend the now-postponed hearing. I am willing to push Mr. Hobby's deposition back to September 26th if that date is more convenient for you and your client. Please be guided accordingly. Very truly yours, MAK: cc: Ms. Patricia Smithson EXHIBIT 1 TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAEL A. KORANDA ~, Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact@t-klaw.com September 16, 2005 Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, P A 17108 Re: Hobby v. Hobby Dear Ms. Boyle: I am in receipt of your letter dated September 15, 2005. Enclosed you will find an Amended Notice of Deposition rescheduling Mr. Hobby's deposition for September 28,2005, at 9:30 a.m. With respect to Ms. Smithson's deposition, I already advised you of her unavailability on September 19, 2005, and the reasons for same. I also presented you with the option of taking her deposition in Harrisburg on September 26, 2005 (since she had already made arrangements to drive back to Pennsylvania for the hearing) or taking her deposition by telephone on any mutually agreeable date. For whatever reason, you declined both options. I spoke with Ms. Smithson this morning and she indicated that she cannot possibly come Harrisburg on September 28, 2005, unless she travels by air and arrives/departs the same day. Because she must work all day on September 27th or 29t\ driving is not a reasonable option, The only way she can appear on September 28th is if she flies in and out the same day. If you insist on deposing her in person on that date, Mr. Hobby must agree to prepay her airfare. I continue to view your conduct as nothing short of harassment. Your unwillingness to consider reasonable alternatives only strengthens my belief. In order to advise my client of her legal options, I ask that you explain how Ms. Smithson's deposition testimony is relevant to the issues before the Court, particularly in light of Paragraph No. 20 ofthe Agreement. I also ask that you explain why you will not agree to a telephonic deposition, particularly in light of Ms. Smithson's new job in South Carolina. On a different matter, enclosed you will find the following documents which are being produced in response to the Notice to Produce that was served upon Ms. Smithson: EXHIBIT 2 Catherine A. Boyle, Esquire Page 2 September 16, 2005 1. Copies of bills sent to Patricia Hobby for legal services rendered; 2. Copies of cancelled check reflecting payment to Tomasko & Koranda, P.C.; 3. Client ledger of Tomasko & Koranda, P.C. from January 25,2005 to September 7, 2005; and 4. Letter dated November 3, 2004 from New York Life. I look forward to your response. Very truly yours, \K~./ MICHAEL A. KORANDA ~ MAK: Enclosures cc: Ms. Patricia Smithson E'd VERIFICAJJ_QiII I verify that the ~tatcments made in the attached ANSWER arc true and correct to the b~st of my knowlcd1:,'"C, infonnal.ioo and hclicL I understand that false statements herein :.m.: made "'" 'Z; lei cr I'ATRtClA (HORBY) SMITIISON dev:vo so 02 '>00 CERTIFICATE OF SERVICE AND NOW, thiS~ay of W ~ ,2005, I, Michael A. Koranda, Esquire, attorney for the Defendant/Petitioner, hereby certify that I served the within ANSWER OF DEFENDANT, PATRICIA SMITHSON (HOBBY),TO PLAINTIFF'S MOTION FOR SANCTIONS AND FOR COUNSEL FEES AND COSTS SECOND PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT this day by: U.S. Mail, first class, postage prepaid, addressed to: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 By" ,. ~ " '-, J OCT 2 1 20Y TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, vs. No. 04-5443 Civil Term PATRICIA SMITHSON (HOBBY), Defendant/Petitioner. Civil Action - In Divorce AND NOW, this ORDER ,?T' dayof tJ~ ,2005, upon consideration of the Second Petition of Petitioner, Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement, it is hereby ordered that: ll) a lule; i~ ;':,~uvd upuh tl..... R!OIH1R€hrnt 18 BREI-,-: fla~06 ., k~' the PotitioRor io Aot --C;Ulidc::d Lv d.lv .l\J~".J J11;:;YUC:::SU:::U; (1) tR~ RfiiHl~'iJnrf&>nt ~n':ll1 f11p ~n ~nCUJPr to thp pAt~ti DR -.. itkiH_ duy,:, ...,[ ltll .......d.iWP; (1.) tb.~ Dpt-it-irm ch':ll1 hp r1P('irl~c111nr1p:r p~ R r P No ?Ofl ~ dvpv"itiua., ~lu.Jl ~'-' '-'UU.lpl~t"d VV ~tl.l~Jl day;:, v[ Lt.:... date; (4) c... ~ r<<- (#) 1H'B"~~'lt shall be held on in Courtroom No. S ~ ((-:)0 A.M ,2005, at of the Cumberland County Courthouse; 7 (~ notice of the entry ofthis order shall be provided to all parties by the Petitioner. B~ , J. \m\!i:l/\l;\.Si\!t\r~d i 'J\II1."''PFl''YQ. },i"iijj0I,'Jn'"' t\..i .\ l.ll~\jvr\,.l~,.,I'll'I\\1Jel .1 J '1~1""''''''''' '''',. "., ....,......"'nJ ^ If''''''' ''C '>'.1 ""1'11 .!. ,"" :"'." ,-" ;;~~,:':l" 9 I :01 r,JV 2 - AON SllOl e 1 :01 ~lV 2- ADN SOUl lU\IO' 'r' '1'" 'd ~Ul ~O ^u;.l \\rJr: Uc.; :irLL.;;J }.,tiv.L~~lkL :/0 3:)l:J.:i0-031f:l ,-/ .~.~, ./ " i;' f"- '.'<"-{ V.~ED. A' .'____ '~__.4. NflV 0 1 L005 TODD HOBBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, vs. No. 04-5443 Civil Term PATRICIA SMITHSON (HOBBY), Defendant/Petitioner. Civil Action - In Diverce AND NOW this '3 /2.. J. ORDER day of AId If ~"",j, vL ,2005, upon consideration of Plaintiffs Motion for Sanctions and for Counsel Fees and Costs, and Defendant's Answer to same, it is hereby ORDERED "",1 f>EeOC'EB tll~l H..v I,Ll;vu :.1 'BEl~B~.~{1~lf;~d;:fd{~~~~~ i.~~J~~~'/t~~fa::i'u~M:J~ CF 9:JtJ A.m. ",,,,~u~...J p.............u.o-ut 1u I'll. ~ r;: P AAIP(g)(2) n~rl/-=-r ,1'"') nn (' co A 5 "'''f'I':2{7J "11',,-1 (O}- . , J. J-7WA ~ E. c:. "t/t1 / - v. Vii\i\.Ji'Yl t !hV"""',('\',"" " /u, j: I~,'.. '. 02:6 W;I -'~""r"" . . . I..; fl- AON ~OOl A"V"" 1'- "-,, ~H' ::JO ht";" !,I.. j,-!'IJ'--'O ... 1 u .....v. ~\.., ,..;.. U'4 -' 381:J!C'C!311::l TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-5443 CIVIL TERM PATRICIA SMITHSON (HOBBY), Defendant/Petitioner CIVIL ACTION - IN DIVORCE PLAINTIFF/RESPONDENT'S ANSWER TO SECOND PETITION OF PATRICIA SMITHSON (HOBBY) TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW COMES, Plaintiff/Respondent, Todd Hobby by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Plaintiff/Respondent's Answer to Second Petition of Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. It is admitted that the parties entered a Marital Settlement Agreement on or about May 25,2005. 5. It is admitted that Wife filed a Petition to Enforce Marital Settlement Agreement on July 18,2005. Said Petition speaks for itself. 6. Admitted. 7. The Agreement speaks for itself. 8. Denied. Husband believes that at least his name is on said lease, but is unsure whether said lease is in joint names. MEYERS, DESFOR, SALTZGIVER & SOYlE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 9. Denied. The lease statements and payment coupons are mailed to Wife's parents' residence. See Wife's Exhibit "B" and compare to the address Wife sets forth for Husband in Paragraph 2. I O. This averment contains conclusions of fact or law to which no answer is required. By way of further answer, Husband has no knowledge as to Wife's beliefs and therefore the averment is denied and strict proof thereof is demanded at trial. By way offurther answer, Husband has never been thirty (30) days late on said payments. Moreover, at the time Wife filed her Petition said lease was paid to date and is presently paid to date. 11. The Agreement speaks for itself. 12. The Agreement speaks for itself. 13. Admitted. 14. Admitted in part. Denied in part. It is admitted that Husband executed his Affidavit of Consent and Waiver of Notice on June 23, 2005. However, Husband believed the appropriate documents to obtain the Divorce Decree had been filed by prior counsel. Husband only learned at his deposition in October 2005, said paperwork was never filed. Accordingly, Husband's current counsel took immediate steps to bave said documents filed and the Divorce Decree entered. Thereafter, Husband offered to resolve this matter by making the second payment due to Wife pursuant to the Marital Settlement Agreement on or before June 29,2006, as per Wife's request. See Husband's counsel's letter to Wife's counsel 3 Ii II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O_ BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 dated October 12,2005, attached hereto and hereinafter referred to as Exhibit "A." Wife has never responded to Husband's offer and accordingly, Husband assumes has rejected said offer. By way of further answer, there was nothing stopping Wife's counsel from filing the appropriate documents to obtain the Divorce Decree and mitigating any damages to Wife. 15. Denied. Husband offered to resolve this matter by making the second payment due to Wife pursuant to the Marital Settlement Agreement on or before June 29, 2006, as per Wife's request. See Exhibit "A." Wife has never responded to Husband's offer and accordingly, Husband assumes has rejected said offer. By way offurther answer, there was nothing stopping Wife's counsel from filing the appropriate documents to obtain the Divorce Decree and mitigating any damages to Wife. 16. The Agreement speaks for itself. 17. This averment contains a prayer for relief to which no answer is required. By way of further answer, Husband is not in breach of the Agreement because the vehicle lease is paid to date and Husband offered to make the second payment to Wife on or about June 29, 2006. See Exhibit "A." 18. This averment contains a prayer for relief to which no answer is required. By way of further answer, Husband is not in breach of the Agreement because the vehicle lease is paid to date and Husband offered to make the second payment to Wife on or about 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P_O_ BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 June 29, 2006. See Exhibit "A." WHEREFORE, Plaintiff/Respondent, Todd Hobby, respectfully requests this Honorable Court deny the Second Petition of Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement. Respectfully submitted, ~~~ Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 NOlih Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff/Respondent 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 I. EMANUEL MEYERS <1915-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE KELLY K. SMITH HARRISBURG, PA. 17108 (717) 236-9428 FAX (7\71 236--28\7 WE8S1TE WNW.meyersdesfor.com EMAIL- lsaltzgiver@meyersdesfar.com cbOyle@meyersdesfor.com ksmi'th@meyersdesfar.com October 1:::. :::005 VIA FAX & U.S. MAIL Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 RE: Todd Hobbv v. Patricia Hobbv Dear Mike: 1 am writing in response to your letter dated October 11. 2005. 1 do not have a copy of the Affidavits of Consent or Waivers in this case either. You may do as [ am doing and obtain a copy of same from the Court if you wish. As you have been advised yesterday, I am filing a Praecipe to Transmit the Record and having the Divorce Decree entered immediately. With respect to entering the agreement to resolve the issue of the due dates of the $3,500.00 payment, Mr. Hobby would be willing to enter such an agreement so long as we settle all other terms with respect to this pending petition. We would propose that we include your proposed language as well as settle this matter along the lines of what is set forth in my prior correspondence dated August 29,2005. It escapes me as to why you continue to drag out such a simple matter. The only conclusion I can draw is that you simply enjoy harassing ivIr. Hobby as well as attempting to run up the attorneys fees in the hope that the Court may award more in fees than what we have alTered to your client. 1 too will be filing a Motion for Sanctions for vour client's failure to appear at the prior deposition. You did not indicate your client would not attend that deposition until we had already held same. Further. her continued rehlsal to appear in person even though she is a party in this case is unacceptable. V crv truly yours. !4v~ L.- !~_..~ I) ,1/ CAB/clk cc: Todd Hobby C EXHIBIT I "A" VERIFICATION T -, Todd Hobby ___, verify that the statements made in this Plaintiff/Respondent's Answer to Second Petition of patricia Smithson (Hobby)to Enforce Marital are true and correct to the bes Settlement Agreement of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. II Ii Dated: i I, II 12/2/2005 (X) Defendant I, " " I' ,I I :1 I, I' I II ,I " I " I, II il 1 MEYERS, DES FOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O_ BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX {717} 236-2817 TODD HOBBY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-5443 CIVIL TERM PATRICIA SMITHSON (HOBBY), Defendant/Petitioner CIVIL ACTION - IN DIVORCE CERTIPICA TE OF SERVICE I hereby certify on this ~ day of ~....., 2005, that a copy of the foregoing Plaintiff/Respondent's Answer to Second Petition of Patricia Smithson (Hobby) to Enforce Marital Settlement Agreement was mailed, first-class, postage pre-paid to: Patricia Smithson (Hobby) c/o Michael Koranda Tomasko & Koranda 219 State Street Harrisburg, PA 17101 ~ -{2 Catherine A. Boyle, Esquire Attorney for Plaintiff/Responde MEYERS, DESFOR, SAlTZGIVER & BOYLE 410 NORTH SECOND STREET. P_O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 r ' (--.- .l i...' '. r;) _J