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Home My WebLink About05-0022PATRICIA DEBLASIS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. C S -070 G L BRADLEY J. HILTY, DEFENDANT CIVIL ACTION -DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. PATRICIA DEBLASIS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CS- _ 02? ?1v????(L BRADLEY J. HILTY, DEFENDANT CIVIL ACTION - DIVORCE COMPT.AINT IINDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Patricia DeBlasis, by and through her attorneys, SMIGEL, ANDERSON & SACKS, and represents as follows: COUNTI DIVORCE IJNDF,R SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Patricia DeBlasis, who currently resides at 3 Derbyshire Drive, Carlisle, Cumberland County and has resided there since on or about November 1991. 2. Plaintiffs Social Security No. is 213-58-9782. 3. Defendant is Bradley J. Hilty, who currently resides at 658 Browning Drive, Hummelstown, Dauphin County and has resided there since on or about November 2004. 4. Defendant's Social Security No. is 195-46-9175. 5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 6. The Plaintiff and Defendant were married on August 25, 1990, at Frederick, MD. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. 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. 10. Plaintiff avers that there are children of the parties under the age of 18, namely: Samuel DeBlasis Hilty, born September 8, 1992. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. SMIGEL, ANDERSON & SACKS Date: P- 3 D 01( By: Ann . Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: -(,7 J Patricia DeBlasis, Plaintiff 1'I }'r - 7,? -r T7 . rn -- ca H/January 11, 2005 4:25 PM PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-22 CIVIL TERM CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, Ann V. Levin, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the Complaint in Divorce Under Section 3301(c) or 3301(d) of the Divorce Code on Defendant by delivering same by U.S. Certified Mail, return receipt requested, Article Number 7003 3110 0005 8320 3297, postage prepaid, on January 7, 2005, addressed as follows: Mr. Bradley J. Hilty 658 Browning Drive Hummelstown, PA 17036 Defendant personally received said documents on January 10, 2005, as evidenced by his signature on the certified mail return receipt card which is attached hereto. I verify that the statements in the foregoing 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 unworn falsification to authorities. Respectfully submitted, SMIGEL, r DERSON & SACKS Date: ©j ? By: U 2, ?) Ann . Levin, Esquire I.D. #: 0259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: mr . &Odkc- Y. (9595 P?rziux? jar. '1A X ? Agent S. Recelvel by (PIP&*d Name) I C. Date of elD f_ # fo D. Is delvery address different from Rem 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type `A Certified Mall 13 Express Mail ? Registered 0 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2' Mcle n`om` 7003 3110 0005 8320 3297 l/hvwffnhrM1wn eervke tWslJ PS Form 3811, February 2004 Domestic Return Receipt 1025W02 M-150 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff V. CIVIL ACTION - DIVORCE BRADLEY J. HILTY, Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant, Bradley J. Hilty, in the above- captioned matter. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. `I Dated: March, 2005 Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff V. CIVIL ACTION - DIVORCE BRADLEY J. HILTY, Defendant CERTIFICATE OF SERVICE AND NOW, this ? day of March, 2005, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Praecipe to Enter Appearance by first class, United States Mail, postage pre-paid, addressed as follows: Ann V. Levin, Esquire 4431 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Dated: Marche f '2005 Swan M. Shultz, Esquire , Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717)249-5373 Attorney for Defendant P'Uswrn1&,wbmDoc,VGend,,s2005V1361d,,ae,, c?mw.w,d -_.> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff In Divorce V. Civil Action - Law BRADLEY J. HILTY, Defendant MOTION FOR APPOINTMENT OF MASTER Bradley J. Hilty, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses 1. No discovery has been requested by Plaintiff or Defendant in this matter. 2. Plaintiff is represented by Ann V. Levin, Esquire in this matter. 3. The parties separated on November 11, 2004 and Plaintiff filed a Complaint in Divorce on January 3, 2005. 4. The statutory ground for divorce is irretrievable breakdown. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take no more than one day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, Dated: November 3D_, 2006 KNIGHT & ASSOCIATES, P.C. can M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff In Divorce V. Civil Action - Law BRADLEY J. HILTY, Defendant CERTIFICATE OF SERVICE AND NOW, this' day of November, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the Plaintiff with a copy of the foregoing Motion for Appointment of Master by first class, United States Mail, postage pre-paid, addressed as follows: Ann V. Levin, Esquire 4431 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES. P.C. Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Defendant Cl c o o c:y n „ ?• w z rn a . -4 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff V. In Divorce Civil Action - Law BRADLEY J. HILTY, Defendant ORDER APPOINTING MASTER AND NOW, this _ day of &4 2006, E. Robert Elicker, II, Esquire, is appointed master with respect to the following claims: Divorce and Distribution of Property. J. FAUser Foldet\Firm DocAGendocs2006\1361-3motion.mestenwpd C? .cat _ :?, ??• Mi^ry 1' • Iii " 1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff CIVIL ACTION - LAW V. BRADLEY J. HILTY, IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available 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 the 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 (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff CIVIL ACTION - LAW V. BRADLEY J. HILTY, IN DIVORCE Defendant ANSWER AND COUNTERCLAIM COUNT I - NO FAULT DIVORCE - §§ 3301(c) or 3301(d) AND NOW, comes the Defendant, Bradley J. Hilty, by and through his attorney, Sean M. Shultz, Esquire, and responds to Plaintiff's Complaint in Divorce as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. COUNTERCLAIM COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3104 AND 3105(a) OF THE DIVORCE CODE 11. Paragraphs 1 through 11 are incorporated herein by reference. 12. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 13. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Defendant respectfully requests the Court to equitably distribute the marital property of the parties and equitably apportion their debts pursuant to the Divorce Code of 1980, as amended. Respectfully submitted, & ASSOCIATES, P.C. can M. Shultz, squire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant VERIFICATION The foregoing Answer and Counterclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Answer and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. XI" 12, -1q-0 Bradle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff CIVIL ACTION - LAW V. BRADLEY J. HILTY, IN DIVORCE Defendant _ CERTIFICATE OF SERVICE AND NOW, this Wh4ay of December, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer and Counterclaim by first class, United States Mail, postage pre-paid, addressed as follows: Ann V. Levin, Esquire 4431 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant ? c c a c? 1/31/200712:47:29 PM/AVL/smt SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 qje ill( (,sa ill),.corn Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM LAW IN - DIVORCE PETITION RAISING MARITAL CLAIMS AND NOW, comes the Plaintiff, Patricia DeBlasis, by and through her counsel, SMIGEL, ANDERSON & SACKS, LLP, and files this Petition Raising Marital Claims and in support thereof avers as follows: 1. Plaintiff is Patricia DeBlasis, an adult individual who currently resides at 3 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Bradley J. Hilty, an adult individual who currently resides at 658 Browning Drive, Hummelstown, Dauphin County, Pennsylvania 17036. 3. Plaintiff and Defendant were married on August 25, 1990 in Frederick, Maryland. 4. A Complaint for Divorce was filed by Plaintiff on January 3, 2005 in Cumberland County, Pennsylvania. 5. Plaintiff hereby raises the following marital claims: COUNTI ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 6. Plaintiff repeats and realleges the averments of paragraphs 1 through 5 which are incorporated by reference herein. 1/31/200712:47:29 PM/AVL/smt A. 7. Plaintiff requires support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award her reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT II COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 8. Plaintiff repeats and realleges the averments of paragraphs 1 through 7 which are incorporated by reference herein. 9. Plaintiff does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award her counsel fees, costs and expenses. SMIGEL, ANDERSON & SACKS, LLP Date: 1-31- 0-) By: V Ann V. Levin, Esquire D. 59 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff VERIFICATION 1 verify that the statements made in the foregoing document are true and correct. 1 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: Patricia DeBlasis, Plaintiff 1/31/200712:47:29 PM/AVL/smt SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3rd Mr. Harrisburg, PA 17110-1778 (717) 234-2401 41CAint"ris_LI_h con. . _---' Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM : LAW IN -DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Petition Raising Marital Claims by placing same in the U.S. Mail, first class, postage paid on the 3/- day of January, 2007, addressed as follows: SEAN M. SHULTZ, ESQUIRE KNIGHT & ASSOCIATES, P.C. 11 ROADWAY DRIVE, STE. B CARLISLE, PA 17013 SMIGEL, NDERSON & SACKS, LLP By: V - Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff ?- c RL) Qz? CO k t?1'-r- s tL ...: 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Respondent/Plaintiff In Divorce V. Civil Action - Law BRADLEY J. HILTY, Petitioner/Defendant PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS AND NOW, comes Petitioner, Bradley J. Hilty, by and through his attorneys, KNIGHT & ASSOCIATES, P.C., and represents as follows: 1. Petitioner is Bradley J. Hilty, whose mailing address is P.O. Box 31, Hummelstown, Pennsylvania 17036. 2. Respondent is Patricia DeBlasis, who currently resides at 3 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Parties were married on August 25, 1990. 4. The Parties have been separated since November 2004. 5. On January 3, 2005, Ms. DeBlasis filed a Complaint in divorce with this Honorable Court. 6. On December 1, 2006, Mr. Hilty Filed a Motion for Appointment of Master. 7. By Order of the Honorable Edgar B. Bayley dated December 5, 2006, E. Robert Elicker, II, Esquire, was appointed master with respect to the claims of divorce and distribution of property. 8. On December 20, 2006, Mr. Hilty filed an Answer and Counterclaim with a count for Equitable Distribution. 9. On or about January 31, 2007, Ms. DeBlasis filed a Petition Raising Marital Claims, which included counts for alimony, counsel fees, costs and expenses. 10. On March 27, 2007, undersigned counsel propounded interrogatories and requests for production of documents ("Defendant's Discovery") upon Ms. DeBlasis through her counsel of record, Ann Levin, Esquire. 11. It has been more than thirty days since Defendant's Discovery was served upon Attorney Levin. 12. Undersigned counsel served notice upon Attorney Levin that Mr. Hilty would be filing a Motion to Compel regarding Defendant's Discovery if responses are not made by Ms. DeBlasis by May 7, 2007. 13. Ms. DeBlasis has yet to serve responses or objections to Defendant's Discovery on undersigned counsel for Mr. Hilty. although Attorney Levin contacted undersigned counsel on May 4, 2007, stating that a brief extension was needed. 14. By Defendant's Discovery, Defendant is seeking to discover information regarding marital assets through Defendant's Discovery that have been in Ms. DeBlasis' control since the date of separation. 15. In a recent statement made by Ms. DeBlasis to Mr. Hilty, Ms. DeBlasis indicated that she has been and will continue to dispose of marital assets for her sole benefit until she has completely depleted the marital assets in her control. 16. In particular, Ms. DeBlasis received proceeds from the sale of a townhouse ("the Townhouse") in 2005 that was purchased just prior to the marriage of the Parties. 17. The proceeds from the sale of the Townhouse are marital property. 18. Ms. DeBlasis' 2005 Federal Income Tax Return indicates a gross sales price less expenses of the sale of the Townhouse in the amount of $224,370.00, and a taxable gain of $162,732.00. 19. Upon recommendation by Support Master Rundle at Docket No. 754 S 2006 on January 16, 2007, the proceeds from the sale of the Townhouse were not included in the determination of Ms. DeBlasis' income and were left as an asset for disposition in equitable distribution under the above-captioned divorce matter. DeBlasis v. Hilty, Court of Common Please of Cumberland County, In Support, Docket No. 754 S 2006, Support Master's Report and Recommendation ("Support Master's Report and Recommendation"), attached hereto as Exhibit "A" and incorporated herein and made a part hereof. 20. Support Master Rundle's finding of fact included a finding that Ms. DeBlasis has wilfully failed to become employed. See Exhibit "A", Support Master's Report and Recommendation, p. 3. 21. Ms. DeBlasis has been dissipating marital assets rather than seeking gainful employment to meet her expenses. 22. Based upon Ms. DeBlasis' recent comments to Mr. Hilty, referred to in paragraph 15 above, it is reasonable to believe that Ms. DeBlasis will continue to dissipate the marital assets in her control. WHEREFORE, Petitioner requests that this Honorable Court order Respondent to discontinue dissipation of marital assets in her control and that all marital funds in Respondent's control be held in escrow by Petitioner's counsel until final disposition of equitable distribution in this matter. Furthermore, Petitioner requests that Respondent reimburse him for all reasonable attorney's fees and costs incurred to secure the remedies pursuant to this Petition. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. can M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant F \User Folder\Firrn Docs\Gendocs2007\1361-3.petition.asscts.vipd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Respondent/Plaintiff In Divorce V. Civil Action - Law BRADLEY J. HILTY, Petitioner/Defendant VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant's counsel based upon information provided by Defendant to Defendant's counsel regarding the factual averments contained herein. 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. C Sean M. Shultz, Esquire Exhibit A s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff : V. CIVIL ACTION - LAW BRADLEY J. HILTY, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this ad day of May, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Petition to Prevent Dissipation of Marital Assets by first class, United States Mail, postage pre-paid, addressed as follows: Ann V. Levin, Esquire 4431 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant PATRICIA R. DEBLASIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION BRADLEY J. HILTY, PACSES NO. 346108570 Defendant DOCKET NO. 754 SUPPORT 2006 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on January 11, 2007, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Patricia R. Deblasis, who resides at 3 Derbyshire Drive, Carlisle, Pennsylvania. 2. The Defendant is Bradley J. Hilty, who resides at 658 Browning Drive, Hummelstown, Pennsylvania. 3. The parties were married on August 25, 1990. 4. The parties are the parents of Samuel J. Deblasis-Hilty, a minor child born September 8, 1992. 5. The parties separated on or about November 8, 2004 when the Defendant moved from the marital residence. 6. On August 31, 2006 the Plaintiff filed a complaint for spousal and'uppat. 7. The Plaintiff will be 50 years of age in January, 2007. o- 8. The Plaintiff is not gainfully employed. 9. The Plaintiff was last employed in 1998 as a part-time pharmaceuticsalesson. 10. The Plaintiff earned approximately $19,000.00 per year as a part-time salesperson. 11. The Plaintiff was laid-off in 1999. 12. The Plaintiff has not applied for any type of employment since being laid-off in 1999. 13. The Plaintiff is a college graduate with degrees in nursing and sports medicine. 14. The Plaintiff has 13 years experience in pharmaceutical sales. 15. The Plaintiff has no physical or mental disabilities which would preclude her from gainful employment. 16. The child is in the eighth grade at St. Patrick's School, a private parochial school. 17. Annual tuition at St. Patrick's is $2,495.00. 18. The child is active in lacrosse. 19. Historically the child has attended two sports camps per year. 20. In May, 2005 the Plaintiff sold a condominium which she had purchased in March, 1990 and used for rental purposes. 21. The sale resulted in a capital gain to the Plaintiff of $162,732.00. 22. The Plaintiff has interest and dividend income totaling approximately $11,000.00 per year. 23. The Plaintiff files her federal income tax return as head of household and claims her son as a dependency exemption. 24. The Defendant is employed by Pennsylvania State University with a monthly salary of $6,691.00. 25. The Defendant has a monthly mandatory retirement deduction of $334.55. 26. The Defendant pays $241.68 per month for health insurance coverage on the family. 27. The Defendant has nominal income as a self-employed consultant. 28. The Defendant files his federal income tax return as married/separate. 29. The Plaintiff pays the mortgage on the marital residence of $1,675.38 including taxes and insurance. DISCUSSION Both parents have an obligation to support their child in accordance with their respective incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). In determining a parent's ability to pay support, the focus is on his or her earning capacity, not on actual earnings. Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). A party's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition and training. 2 Rilg v. Foley, 783 A.2d 807 (Pa. Super. 2001). A party who wilfully fails to obtain appropriate employment will be considered to have an income equal to his or her earning capacity. t The Plaintiff is not gainfully employed and has made practically no effort to obtain employment since 1999 and no effort at all since the separation in 2004. This is a wilful failure to become employed. She bases her decision to remain at home as a perceived need to be available for her son. When she filed her complaint her son was nearly 14 years of age, far from being of "tender years." Under the circumstances a full-time earning capacity will be imputed to her. The Plaintiff is a college graduate with 13 years experience in sales. Recognizing that she has been out of the workforce for eight years, albeit by her choice; and that she is about to be 50 years of age, an earning capacity of only $10.00 per hour, or $400.00 per week, will be imputed to her. In the opinion of this Master, this is a reasonable earning capacity considering all of the circumstances of the case. The Plaintiff also has supplemental income in the form of dividends and interest totaling approximately $11,000.00 per year. This will add an additional $917.00 per month to her available income. With gross wages of $1,733.00 per month and supplemental income of $917.00 per month, and filing her federal income tax return as head of household with one child claimed as a dependency exemption, the Plaintiff has net monthly earnings/earning capacity of $2,281.00.2 The Defendant has a gross monthly salary of $6,691.00. His 2006 self-employment income is nominal at best and will not be considered. Filing his federal income tax return as married/separate and deducting his mandatory retirement contribution from his gross income, the Defendant has net monthly income for support purposes of $4,356.00.3 With combined net monthly income of $6,637.00, the basic requirement for the support of one child is $1,097.00 4 The Defendant's proportionate share of that amount is $720.00. The Defendant's proportionate share of the child's tuition at St. Patrick's school increases the obligation by $136.00, and the health insurance premium paid by the Defendant reduces his obligation by $55.00. The Defendant's monthly child support obligation under the guidelines is $801.00 per month.5 A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d 155 (Pa. Super. 1993). The Defendant presented no evidence of such conduct on the Plaintiff's part. Consequently an award of spousal support is appropriate. With net 1 See Pa. R.C.P. 1910.16-2(d)(4). 2 See Exhibit "A" for the tax deductions from gross income. The capital gain received by the Plaintiff in 2005 will not be considered as income for support purposes. In the opinion of this Master this is better left for equitable distribution in the parties' divorce action. 3 See Exhibit "A" for the tax deductions from gross income. 4 See Pa. R.C.P. 1910.16-3. 5 See Exhibit "B" for the guideline calculation. monthly incomes as set forth above and with a child support obligation of $801.00 per month, the Defendant's spousal support obligation is $382.00 per month.6 The Plaintiff is residing in the marital residence and is paying a monthly mortgage expense of $1,675.00. The Plaintiff has requested contribution towards the mortgage pursuant to Pa. R.C.P. 1910.16-6(e). Such an adjustment is appropriate and results in an adjustment of the Defendant's monthly support obligation of $405.00 which will be added to the spousal support obligation. The parties' son has been an active participant in sports camps during the past years, most recently in lacrosse. These camps are viewed by this Master as a reasonable need. Pursuant to Pa. R.C.P. 1910.16-6(d), the Defendant will be ordered to pay 66% of the cost of a maximum of two camps per year. The payment shall be made directly to the camp. The Plaintiff shall give the Defendant a minimum of 30 days notice of the date payment is due together with documentation detailing the cost of said camps. The Defendant shall be given credit on arrearages for a direct payment to the Plaintiff of $626.31 made on October 6, 2006, a payment to St. Patrick's school of $748.50, and a payment to Comcast cable of $250.55, for a total credit of $1,625.36. RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his son, Samuel J. Deblasis-Hilty, the sum of $801.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $787.00 per month, which sum includes a mortgage adjustment of $405.00. C. The Defendant shall pay the additional sum of $50.00 per month on accrued arrearages. D. The Defendant shall be given a credit on arrearages of $1,625.36 for payments directly to or on behalf of the Plaintiff. E. The Defendant shall provide health insurance coverage for the benefit of his wife and child as is provided through his employment or other group coverage at a reasonable cost. F. The Defendant shall pay 66% of the unreimbursed medical expenses incurred by said child as that term is defined in Pa. R.C.P. 1910.16-6(c). G. The Defendant shall pay 66% of the expense of said child to attend a maximum of two (2) sports camps per year. Said payments shall be made directly to the camps. The Plaintiff shall provide a minimum of thirty (30) days notice to the Defendant of 6 See Exhibit "C" for the calculation. 4 the date said payments are due together with documentation detailing the cost of said camps. H. The effective date of this order is August 31, 2006. l C? "1C?p D Ite Michael R. Rundle Support Master i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, Plaintiff V. BRADLEY J. HILTY, Defendant No. 05-22 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 23a day of May, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Petition to Prevent Dissipation of Marital Assets by first class, United States Mail, postage pre-paid, addressed as follows: Ann V. Levin, Esquire 4431 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES, P.C. 3L- t 1? - Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant s`'ttt ?. r7l r i M1i SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin i?.sasllpxom Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM LAW IN -DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS AND NOW, comes the Respondent, Patricia DeBlasis, by and through her counsel, SMIGEL, ANDERSON & SACKS, LLP, and files this Answer to Defendant's Petition to Prevent Dissipation of Marital Assets and avers as follows: 1. Admitted in part and denied in part. It is admitted that Bradley J. Hilty is the petitioner. Respondent does not know the stated address to be Petitioner's mailing address. 2. Admitted. 3. Admitted. 4. Denied. Respondent asserts that the parties separated in September 2004. 5. Admitted. By way of further answer, Petitioner filed a Petition for Bankruptcy on or about April 7, 2005, which had the effect of staying the divorce proceedings. 6. Admitted in part. The Motion for Appointment of Master was filed on November 30, 2006. 7. Admitted. 8. Admitted. 9. Admitted in part. The Petition Raising Marital Claims was filed on February 8, 2007. 10. Admitted. 11. Admitted. By way of further answer, Respondent is making efforts to locate documents that establish the non-marital nature of her assets. Banks and other institutions do not always keep records past a certain number of years. 12. Admitted. 13. Admitted. By way of further answer, Respondent is tracing her assets and the documentation is not all readily available. 14. No response necessary. To the extent a response is required, this averment is denied. Respondent maintains control over her non-marital assets. Any interest that Petitioner may have in the increase in value, if any, has yet to be determined. 15. Denied. It is denied that Respondent ever made any such statement to Petitioner. The parties have had little to no communication recently and only had a brief conversation about their son. It is denied that Respondent is spending down marital assets. Respondent has non-marital assets which generate income for Respondent. 16. Admitted. It is admitted that the Townhouse was purchased prior to the parties' marriage in Respondent's sole name and is therefore Respondent's pre-marital property. 17. Denied. It is denied that the proceeds from the sale of the Townhouse are marital property. The Townhouse is Respondent's pre-marital property and therefore Petitioner only has an interest in any increase in value during the marriage. 18. Admitted. By way of further answer, this amount does not equate to the net amount available from the sale. Respondent was required to pay significant taxes of over $25,000 in 2005. Further, the taxable gain does not equate to the increase in value during the marriage. Respondent had initially put a pre-marital down payment of approximately $40,000. Respondent also lost money when the people renting bounced checks. Respondent was solely responsible for maintaining the property during the marriage. 19. Admitted. By way of further answer, the Master's finding is irrelevant to the pending petition. Further, Respondent was forced to file for support when Petitioner failed to provide child support for an extended period after the date of separation. 20. Admitted. By way of further answer, Respondent believes it is important to be available for the parties' son, as she was prior to Petitioner's leaving the residence in September 2004. Respondent's non-marital assets also generate income for her. 21. Denied. It is denied that Respondent has been dissipating marital assets. By way of further answer, Respondent's non-marital assets do generate income for her. Respondent also incurred credit card debt to help meet her needs. 22. Denied. By way of further answer, Respondent has non-marital assets and the only interest Petitioner may have is to any increase in value. Respondent is not dissipating any marital assets. The income generated by Respondent's non-marital assets during the marriage was used during the marriage. There are no jointly titled assets. Petitioner has no basis to request that Respondent's non-marital assets be escrowed or otherwise restricted. WHEREFORE, Respondent respectfully requests that this Honorable Court deny Defendant's Petition to Prevent Dissipation of Marital Assets. Date: 3-o- 02 By: e in, Esquire I.D.#. 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff/Respondent SMIGEL, ANDERSON & SACKS, LLP Z?,? VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: S 3 0 L 07 Patricia DeBlasis, Plaintiff SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3`d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(n)sasllp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM LAW IN -DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff/Respondent in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Answer to Defendant's Petition to Prevent Dissipation of Marital Assets on counsel for Defendant/Petitioner by placing same in the U.S. Mail, first class, postage paid on the 30 day of May, 2007, addressed as follows: Sean M. Shultz, Esquire Knight & Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS, LLP By: jQL ?/ ZL__? Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff/Respondent p ? ?4 ??? jf *' ; _? ?.f ? g?T ? ? ? ?,- ? ? ? x , G. ? ? ? d^ 1? _ ?' {?-j ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Respondent/Plaintiff In Divorce V. Civil Action - Law BRADLEY J. HILTY, : Petitioner/Defendant MAY 8 4 2007,? ? ORDER OF COURT NOW, this day of 2007, on Petition by Bradley J. Hilty, by and through his counsel of record, Sean M. Shultz, Esquire, a Rule is hereby issued upon Plaintiff, Patricia DeBlasis, to show cause why Petitioner should not be granted the relief sought in the attached Petition. &* Rule returnable J. o? 'i' NP,t r. ? '.f t ` 1 1LJ et 60.6 WV I £ M t00Z 1+MOINO)i' ' 08d 3R da 30[j=0-031U At SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3rd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin@sasllp.corn Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM : LAW IN - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Plaintiff s Answers to Request for Production of Documents on counsel for Defendant by placing same in the U.S. Mail, first class, postage paid on the 4 CO day of May, 2007, addressed as follows: SEAN M. SHULTZ, ESQUIRE KNIGHT & ASSOCIATES, P.C. 11 ROADWAY DRIVE, STE. B CARLISLE, PA 17013 SMIGEL, ANDERSON & SACKS, LLP V By: 'r_Q.'L 4,54? Ann V. Levin, Esquire I.D.#: 70 59 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff C3 C-3 O 71 ^ U 4, t SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3`" Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin dsasllp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM LAW IN - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Answers to Interrogatories on counsel for Defendant by placing same in the U.S. Mail, first class, postage paid on the 30 day of May, 2007, addressed as follows: SEAN M. SHULTZ, ESQUIRE KNIGHT & ASSOCIATES, P.C. 11 ROADWAY DRIVE, STE. B CARLISLE, PA 17013 SMIGEL, ANDERSON & SACKS, LLP le4" , -) - By: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff N 71; 0 C- v r` J N ? E-d'3 _ CTa .? • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, Plaintiff V. BRADLEY J. HILTY, Defendant No. 05-22 In Divorce Civil Action - Law MOTION FOR CONTINUANCE AND NOW, this 1 5'?* day of June, 2007, comes Bradley J. Hilty, by and through his counsel, Sean M. Shultz, Esquire, and Knight & Associates, P.C., and hereby respectfully files this Motion for Continuance and in support thereof avers as follows: 1. A Hearing has been scheduled in the above-captioned matter for June 15, 2007, at 9:30 a.m. 2. The hearing is unnecessary at this time because the parties are attempting to resolve this matter. 3. Undersigned counsel has contacted Ann V. Levin, Esquire, attorney for the Plaintiff and she concurs with the request for a continuance. WHEREFORE, Defendant respectfully requests that this Honorable Court generally continue the hearing scheduled for June 15, 2007, at 9:30 a.m. KNIGHT & ASSOCIATE. P_.e: Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Defendant 1 %4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff In Divorce V. : Civil Action - Law BRADLEY J. HILTY, Defendant CERTIFICATE OF SERVICE AND NOW, this 15rk day of June, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Motion for Continuance, by first class, United States Mail, postage pre-paid, addressed as follows: Ann V. Levin, Esquire Smigel, Anderson, & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylvania 17110 & ASSOCIATES, P. .S=,M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite 13 Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Defendant FAUsw Foldeffirm Docs\Gendocs2007\1361-3motion.cont.wpd ?f _ ?„? ??? y ?. ? -._? ._ j s _- r _ ?? --r- ?; ?? ' - t;:,? ., r ` ? ?•.? .. t,,? ; a --K , , t i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff In Divorce V. Civil Action - Law BRADLEY J. HILTY, Defendant AMENDMENT TO MOTION FOR CONTINUANCE AND NOW, this LA'? day ofJune, 2007, comes Bradley J. Hilty, by and through his counsel, Sean M. Shultz, Esquire, and Knight & Associates, P.C., and hereby respectfully files this Amendment to the Motion for Continuance filed on June 18, 2007, in the above-captioned matter: 1. The Honorable M.L. Skip Ebert has been assigned to the above-captioned matter. WHEREFORE, Defendant respectfully requests that this Honorable Court generally continue the hearing scheduled for June 15, 2007, at 9:30 a.m. KNIGHT & ASSOCIATES, P Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Defendant A s-• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 05-22 Plaintiff In Divorce V. Civil Action - Law BRADLEY J. HILTY, Defendant . CERTIFICATE OF SERVICE AND NOW, this Wd-%day of June, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Amendment to Motion for Continuance, by first class, United States Mail, postage pre-paid, addressed as follows: Ann V. Levin, Esquire Smigel, Anderson, & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylvania 17110 KNIGHT & ASSOCIATES, P.C. J'/q3 I Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Defendant F:UTser FolderTirm Docs\Gendocs2007\1361-3amendmen.wpd N AW? SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3" Flr. Harrisburg, PA 17110-1778 (717) 234-2401 a1evinCa,1sas11p.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 22 CIVIL TERM LAW IN - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's First Set of Interrogatories to Defendant by placing same in the U.S. Mail, first class, postage paid on the PT_ day of June, 2007, addressed as follows: SEAN M. SHULTZ, ESQUIRE KNIGHT & ASSOCIATES, P.C. 11 ROADWAY DRIVE, STE. B CARLISLE, PA 17013 SMIGEL, DERSON & SACKS, LLP By: v Ann . Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff q Y' t . CZ c n i r V SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevinCiNasl lp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 22 CIVIL TERM : LAW IN -DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Request for Production of . Documents to Defendant by placing same in the U.S. Mail, first class, postage paid on the day of June, 2007, addressed as follows: SEAN M. SHULTZ, ESQUIRE KNIGHT & ASSOCIATES, P.C. 11 ROADWAY DRIVE, STE. B CARLISLE, PA 17013 SMIGEL, ANDERSON & SACKS, LLP By: V Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff 70 CP 0 5 o f V PATRICIA DEBLASIS, Plaintiff V. BRADLEY J. HILTY, Defendant ORDER OF COURT 'JUN 19 ZOO? AND NOW, this 2 day of June, 2007, it is hereby ORDERED that the Hearing scheduled in the above-referenced matter for Friday, June 15, 2007, at 9:30 a.m. is hereby generally continued and shall be rescheduled upon motion of either party. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-22 In Divorce Civil Action - Law AIN I Z :1 14J R rr LOOZ AdviclNo iolo; 3M ?o 31(-? 0-Mllj 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, Plaintiff V. No. 05-22 : In Divorce Civil Action - Law BRADLEY J. HILTY, Defendant AMENDMENT TO MOTION FOR CONTINUANCE JUN 22 2007 _1/ AND NOW, this Wrt* day of June, 2007, comes Bradley J. Hilty, by and through his counsel, Sean M. Shultz, Esquire, and Knight & Associates, P.C., and hereby respectfully files this Amendment to the Motion for Continuance filed on June 18, 2007, in the above-captioned matter: 1. The Honorable M.L. Skip Ebert has been assigned to the above-captioned matter. WHEREFORE, Defendant respectfully requests that this Honorable Court generally continue the hearing scheduled for June 15, 2007, at 9:30 a.m. KNIGHT & ASSOCIATES, P Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Defendant KNIGHT &.AssocmTEs P.C. Attorneys at Law June 20, 2007 Curt Long Cumberland County Prothonotary One Courthouse Square Carlisle, Pennsylvania 17013 RE: Patricia Deblasis v. Bradley J. Hilty Civil Action No. 05-22 Our File Nos. 1361.3 Dear Prothonotary: Enclosed for filing please find an original and one copy of an Amendment to Motion for Continuance. Please return the time-stamped copy to me in the enclosed envelope. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact my office. Very truly yours, SMS/dmh Enclosures FAUser Folder\Firm Docs\Gadtr2OO7\1361-3proth.l.wpd 5 T & ASS TES, P ean M. Sh 11 Roadway Drive Suite B Carlisle, PA 17015 ¦ 717-249-5373 717-249-0457 fax KNIGHT &AssocIATEs P.C. Attorneys at Law June 15, 2007 Curt Long Cumberland County Prothonotary One Courthouse Square Carlisle, Pennsylvania 17013 RE: Patricia Deblasis v. Bradley J. Hilty Civil Action No. 05-22 Our File Nos. 1361.3 Dear Prothonotary: Enclosed for filing please find an original and two copies of a Motion for Continuance. Please return the time-stamped copy to me in the enclosed envelope. I have also enclosed envelopes for return mailing of the Order. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact my office. Very truly yours, SMS/dmh Enclosures FAUser Folder\Finn Docs\Genltr2OOT3955-Iproth.2.wpd 11 Roadway Drive Suite B Carlisle, PA 17015 ¦ 717-249-5373 717-249-0457 fax PATRICIA R. DEBLASIS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRADLEY J. HILTY, NO. 05-22 CIVIL Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Sean M. Shultz and Knight & Associates, P.C. on behalf of Defendant in the above-captioned matter. SOCIATES, P Dated: November Zg, 2007 BY. Sean M. ShUM Z11__1 Attorney I.D. No. 11 Roadway Drive, Suite B Carlisle, PA 17015 (717) 249-5373 ENTRY OF APPEARANCE Please enter my appearance on behalf of A?I?f",WF?dley J. Hilty, in the above matter. McNEES WALLACE & NURICK LLC Y ntor J0 ? t nevy I . D. 66378 D ?/ 100 Pine Street et P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5297 r-131 PATRICIA DEBLASIS, Plaintiff VS. BRADLEY J. HILTY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL IN DIVORCE ORDER OF COURT 4 AND NOW, this ej5 ? day of 2008, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated October 23, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, y 1 CA Edgar B. Bayley, P.J. cc: ? Ann V. Levin Attorney for Plaintiff ?%Debra A. Denison Cantor Attorney for Defendant eop&,ex M-at'L?' I o?30`08 f«k i?-- fy ??„1 E+n a r * C5 C`V? MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this day of 2008, by and between PATRICIA DEBLASIS ("Wife") - A N D - BRADLEY J. HILTY ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on August 25, 1990 at Frederick, Maryland; WHEREAS, one (1) child was born of this marriage; said child being: Samuel James DeBlasis Hilty; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; settling of all matters between them relating to the past, present and future support and/or maintenance of the child; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 05-22. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: (1) The PNC Checking Account #2932; (2) The PNC Savings Account #2932; (3) The SECU Checking Account #27458 2 (4) The SECU Checking Account #27458 (5) All right, title and interest in Husband's Prudential life insurance policy; (6) Husband's PSU Retirement Account acquired through his employment with Penn State University. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: (1) All right, title and interest in Wife's 2003 Cadillac CTS; (2) All right, title and interest in Wife's shares of Pepco Holding, Inc.; (2) The Sun Trust Money Market Account #6173; (3) The PNC Money Market Account #294; (4) The Chevy Chase Savings Account #355-3 (5) The UBS Financial Services Account #TF131 and the DWS Scudder Account # 1347 now merged into the Ameriprise One Account #3021; (6) The Smith Barney Account #190; (7) The Fidelity 401(k) #0599 merged into Ameriprise IRA #7021; (8) The PNC IRA # 999 merged into Ameriprise IRA #7021; (9) All proceeds from the sale of Wife's pre-marital property situate at 6259 North Steamboat Way, Mt. Airy, Maryland. 3 C. Satisfactory Division of Marital and No!IrMarital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Marital Residence. The property and lot situate at 3 Derbyshire Drive, Carlisle, Pennsylvania (hereinafter "Marital Home") has been listed for sale with Gary Muccio, a real estate agent with Remax Associates for $349,900. The parties shall accept all bona fide offers, from qualified buyers, which are at least ninety-five (95%) percent of the listing price. The Marital Home shall continue to be listed for sale until sold. The listing agent and the parties shall be entitled to adjust the list price as they agree. In the event the parties cannot come to an agreement on the adjustment to the listing price, then the listing price shall be adjusted downward three (3%) percent every seventy-five days from the list date. Husband shall be provided with notice of each downward adjustment. The house will remain on the market until it is sold. Husband shall receive forty-eight point five (48.5%) percent from the net proceeds of the sale of the Marital Home minus Husband's share of the joint marital debt in the amount of Twenty-Seven Thousand Forty-Eight ($27,048.00) Dollars. This payment of Twenty-Seven Thousand Forty-Eight ($27,048.00) Dollars shall be made to Wife at settlement. Net proceeds shall be defined as the gross sales price minus the outstanding debt on the marital residence, minus the listing agent's commission, 4 minus real estate transfer taxes and fees associated with the sale. Husband shall be responsible for $4,000 of improvements made to the home to ready it for sale. Wife shall be responsible for the remainder. Wife shall keep the support payment made in September as a credit towards Husband's contribution towards the improvements. The balance shall be paid at the time of settlement, if it has not been made before. Wife shall receive all remaining net proceeds ftom the sale of the Marital Home. Wife shall also receive the tax proration payable to sellers at the time of settlement. Pending the sale of the Marital Home, Wife shall be responsible for the payment of extraordinary repairs to the structure and fixtures of the Marital Home. Husband shall contribute uQ to $3,000 towards extraordinary repairs, needed for the sale of the home, and as agreed upon by the parties. Wife shall be responsible for the payment of the mortgage, insurance and utilities associated with the Marital Home In the event money is due from Husband and Wife upon the sale of the Marital Home, because the sales price is insufficient to pay the mortgage and associated costs of sale, said sums shall be paid by Husband and Wife in equal shares. In the event Husband's forty-eight point five (48.5%) percent of the net proceeds of the sale of the Marital Home are insufficient to pay Wife the Twenty-Seven Thousand Forty-Eight ($27,048) Dollars due as set forth above, Husband shall not be responsible for payment to Wife of any shortfall. Wife confirms that the only lien against the home is the first mortgage with an estimated balance of $125,000. Wife confirms that there are no additional liens against the home, nor will any additional liens be considered in calculating the equity in the home. Wife confirms that all taxes have been paid to date. 4. Taxes. Prior to 2005, the parties have heretofore filed joint federal and state tax returns. 5 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 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 the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Husband shall be entitled to claim the child as an exemption for the years 2006 and 2008. Concurrently with the execution of this agreement, Wife shall execute the necessary IRS forms to transfer the exemption for 2008. Wife shall claim the child thereafter. 5. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 6. Transfers Subject to Existine Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 7. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title 6 and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a past of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 9. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 10. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11. Debts. Wife agrees to be responsible for the following joint debt of the parties: (1) Bank One Account #64; (2) Citi Card Account #2573; 7 (3) Mastercard Account #7129; (4) Bank of America Account #8452; (5) Citi Card Account #834; (6) People's Bank Account #137; (7) University of Maryland VISA Account #086; (8) Bank One Account #664. 12. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep tip other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 8 14. Alimony. Except as outlined in paragraph 15, in exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. Effective September 1, 2008, Wife shall withdraw the APB, action filed at docket number 00754 S 2006 in Cumberland County and advise the Domestic Relations Office that any and all arrears are forgiven. Wife will repay funds which have been paid to her for child support and spousal support by Domestic Relations after October 1, 2008 to husband upon execution of this agreement. Payment must be by certified check. Any future support withheld from husband°s paycheck will be repaid immediately in the same manner. Wife shall be entitled to keep the September payment in its entirety as a credit towards costs expended on the marital home to ready it for sale. All other payments shall be immediately repaid. 15. Child Support. A. Effective September, 1, 2008., Wife shall withdraw the child support action filed at docket number 00754 S 2006 in Cumberland County, Pennsylvania. Wife shall advise the Domestic Relations Office that any and all arrears are forgiven. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all 9 rights, claims or demands of whatsoever nature which he or she npw has or hereafter can, shall or may have against the other in the nature of child support. If Wife files a complaint for child support in the future and receives such an order, she shall pay Husband an amount equivalent, dollar for dollar to the amount of court ordered child support entered against Husband as alimony until the child support order is terminated. This alimony shall be non-taxable to the recipient and non-deductible to the payor. If the court refuses to enforce this provision, Wife shall owe to Husband in equitable distribution an amount equal to the gross total of the child support order and shall have the right to claim such as a judgment against Wife's property. B. Husband shall provide, at his expense, Blue Cross, Blue Shield, Major Medical or equivalent coverage for the benefit of the child, as long as it is available through Husband's employment, until the child is 18 or graduates from high school, whichever is later. Thereafter, if Husband and child have 4 continued relationship, Husband may continue to provide such coverage until the child becomes ineligible under Husband's coverage due to the child's age. C. The unreimbursed medical expenses for the child shall be divided with Wife paying the first One Thousand ($1,000.00) Dollars of unreimbursed medical expenses annually, including but not limited to dental, eye, orthodontic and counseling expenses. The remaining unreimbursed amount of such expenses shall be divided between the parties with Husband paying fifty (50%) percent and Wife paying fifty (50%) percent each year. D. Husband shall sign simultaneously with the signing of this agreement, the 10 necessary documents to allow Wife to receive directly the reimbursements she may be due for payment of the child's medical expenses or for hers. Husband shall sign documents as necessary in the future to continue to allow Wife to receive the reimbursements directly. 16. Full Disclosure. The respective parties do hereby Warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the, intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 18. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act 11 or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 19. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth bprein. 20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her Jegal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such 12 knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 22. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 23. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 24. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforpe this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 13 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. n ,2 Patricia DeBlasis Bradl 14 i SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire IDN 70259 4431 NoM Front Strart, 3nd Fir. Harrisburg, PA 17110.1778 (717) 234.2401 alevin(dsasllp.com Attomq for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM LAW IN -DIVORCE AFFIDAM OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 3, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: LQ ? -)L it?) , I I Patricia DeBlasis, Plaintiff `', ` ( . 4 k.. w ? w ?c SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire IDN 70259 4431 North Front Street, 31 Mr. Hamburg, PA 17110-1778 (717) 234-2401 alevin@sasllp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM : LAW IN -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: A0 Patricia DeBlasis, Plaintiff t? ,;`;° c:zzi Q PATRICIA DEBLASIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 05-22 CIVIL BRADLEY J. HILTY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 3, 2005. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: 1Q ,3/0 C7 C ?? N cxr "n Cl-I rr: o c 4' = 6-3 CA) 1Tj 'tJ CA PATRICIA DEBLASIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 05-22 CIVIL BRADLEY J. HILTY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Bra Date: /Q/ a 31pe C? +v Q C..., W rn McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5478 (717) 260-1667 facsimile dcantora-mwn.com Attorneys for Defendant PATRICIA DEBLASIS, Plaintiff IN THE COURT OF CUMBERLAND CO :OMMON PLEAS NTY, PENNSYLVANIA V. BRADLEY J. HILTY, Defendant CIVIL ACTION - NO. 05-22 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following divorce decree: 1. Grounds for divorce: irretrievable breakdown u Code. 2. Date and manner of service of the Complaint: Re upon Defendant on January 7, 2005 and signed fc 10, 2005. An Affidavit of Service was signed on J subsequently filed with the Court. , to the court for entry of a §3301(c) of the Divorce lar and certified mail by Defendant on January iuary 12, 2005 and 3 4. 5. Date of execution of the Affidavit of Consent requir Divorce Code: by Plaintiff: October 20, 2008; by Di 2008. Plaintiffs Affidavit was filed with the Court o Defendant's Affidavit was filed with the Court on O Related claims pending: N/A Plaintiffs Waiver of Notice was filed with the Court Defendant's Waiver of Notice was filed with the Cc i by § 3301(c) of the Bndant: October 23, October 31, 2008. Ober 31, 2008. n October 31, 2008. rt on October 31, 2008. Respectfully submitted McNEES WALLACE & NURICK LLC By. aD.C ov No. 6 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) Attorneys for Defendar Bradley J. Hilty Dated: November 4, 2008 2 CERTIFICATE OF SERVICE AND NOW, this day of November 2008, 1 hereby a true and correct copy of the foregoing document to be placed in postage prepaid and addressed as follows: Ann Levin, Esquire 4431 North Front Street Harrisburg, PA 17110 that I have caused e U.S. mail, first class, L. KeerY, Paral 3 'w_r' ?t ? ' ? •w?. 1 ? y-? ;? ? -t3 ..7 C7 .€? ' '. - .r `-_.. ? .?-? t'1'i t ?? ? :D' .? PATRICIA DEBLASIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY J. HILTY NO. 2005-22 DIVORCE DECREE AND NOW, 0 Ar g , it is ordered and decreed that PATRICIA DEBLASIS , plaintiff, and BRADLEY J. HILTY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None y the Court, Attest: J. - rothonotary .v ? ?;,-W44 16 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _0Z -- ch Q =1 ms PATRICIA DEBLASIS No. 2005-22 m s= Plaintiff/Respondent C,,r-- av . off' In Divorce e r 0 a V. c? c- Civil Action - Law ,, c.w BRADLEY J. HILTY, --? --- ? Defendant/Petitioner ` PETITION FOR CONTEMPT AND NOW, this 22nd day of December, 2010, comes Defendant/Petitioner, Bradley Hilty, by and through his counsel, Sean M. Shultz, Esquire, and respectfully represents that: 1. Petitioner is Bradley J. Hilty who resides at 2505 Waterside Drive, Frederick, Maryland 21701. 2. Respondent is Patricia DeBlasis who resides at 6494 Via Rosa, Boca Raton, Florida 33433. 3. Petitioner and Respondent were divorced by Decree of this Court dated November 25, 2008. A copy of which is attached hereto as Exhibit "A." 4. Petitioner and Respondent entered into a Marriage Settlement Agreement dated October 23, 2008, a copy of which is attached hereto as Exhibit "B." 5. Paragraph 3 of the Marriage Settlement Agreement states that the marital home situate at 3 Derbyshire Drive, Carlisle, Pennsylvania is to be sold. Paragraph 3 further states that "Husband shall receive forty-eight point five (48.5%) percent from the net proceeds of the sale of the Marital Home minus Husband's share of the joint marital debt in the amount of Twenty-Seven Thousand Forty-Eight ($27,048.00) Dollars." 6. By Deed dated June 15, 2010, Respondent sold the marital property for Two Hundred Sixty-Five Thousand ($265,000.00) Dollars. A copy of the Deed is attached hereto as marked as Exhibit "C." 7. To date, Petitioner has not received his share of the net proceeds. 8. A letter was sent to Respondent by Petitioner's counsel on November 30, 2010, requesting payment of Petitioner's share of the proceeds. The letter was mailed by regular mail and by certified, return receipt requested mail. A copy of the letter is attached hereto as Exhibit "D." 9. To date, Respondent and her counsel have not responded to the November 30, 2010 letter. 10. Petitioner is incurring legal fees and costs due to Respondent's contempt of the October 23, 2008 Marriage Settlement Agreement; and Petitioner requests an award of counsel fees and costs pursuant to 23 Pa.C.S. §§ 3105 and 3502(e)(7), and Paragraph 21 of the Marriage Settlement Agreement dated October 23, 2008. WHEREFORE, Petitioner requests your Honorable Court issue a Rule to Show Cause why Patricia DeBlasis should not be held in contempt of Court, be ordered to pay Petitioner 48.5% from the net proceeds of the sale of the marital home, and be ordered to pay Petitioner's attorneys fees and court costs. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, ilre Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 2005-22 Plaintiff/Respondent In Divorce V. Civil Action - Law BRADLEY J. HILTY, Defendant/Petitioner VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Petitioner's counsel based upon information provided by Petitioner to Petitioner's counsel regarding the factual averments contained herein. 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. Sean M. Shultz, Esquire / IN THE COURT OF COMMON PLEAS OF PATRICIA DEBLASIS CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY J. HILTY NO. 2005-22 DIVORCE DECREE 4-Mzo k M . AND NOW, JJaWAfto it is ordered and decreed that PATRICIA DEBLASIS , plaintiff, and BRADLEY J. HILTY defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None i y the Court, Attest: J. Prothonotary Exhibit "B" a MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this day of 16? , 2009, by and between PATRICIA DEBLASIS ("Wife") - A N D - BRADLEY J. HILTY ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on August 25, 1990 at Frederick, Maryland; WHEREAS, one (1) child was born of this marriage; said child being: Samuel James DeBlasis Hilty; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; settling of all matters between them relating to the past, present and firture support and/or maintenance of the child; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 05-22. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: (1) The PNC Checking Account #2932; (2) The PNC Savings Account #2932; (3) The SECU Checking Account #27458 2 (4) The SECU Checking Account #27458 (5) All right, title and interest in Husband's Prudential life insurance policy (6) Husband's PSU Retirement Account acquired through his employment with Penn State University. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: (1) All right, title and interest in Wife's 2003 Cadillac CTS; (2) All right, title and interest in Wife's shares of Pepco Holding, Inc.; (2) The Sun Trust Money Market Account #6173; (3) The PNC Money Market Account #294; (4) The Chevy Chase Savings Account #355-3 (5) The UBS Financial Services Account #TF131 and the DWS Scudder Account #1 347 now merged into the Ameriprise One Account #3021; (6) The Smith Barney Account #190; (7) The Fidelity 401(k) #0599 merged into Ameriprise IRA #7021; (8) The PNC IRA # 999 merged into Ameriprise IRA #7021; (9) All proceeds from the sale of Wife'3 pre-marital property situate at 6259 North Steamboat Way, Mt. Airy, Maryland. 3 C. Satisfactory Division of Marital and N2g,Marital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Marital Residence. The property and lot situate at 3 Derbyshire Drive, Carlisle, Pennsylvania (hereinafter "Marital Home") has been listed for sale with Gary Muccio, a real estate agent with Remax Associates for $349,900. The parties shall accept all bona fide offers, from qualified buyers, which are at least ninety-five (95%) percent of the listing price. The Marital Home shall continue to be listed for sale until sold. The listing agent and the parties shall be entitled to adjust the list price as they agree. In the event the parties cannot come to an agreement on the adjustment to the listing price, then the listing price shall be adjusted downward throe (3%) percent every seventy-five days from the list date. Husband shall be provided with notice of each downward adjustment. The house will remain on the market until it is sold. Husband shall receive forty-eight point five (48.5%) percent from the net proceeds of the sale of the Marital Home minus Husband's share of the joint marital debt in the amount of Twenty-Seven Thousand Forty-Eight ($27,048.00) Dollars. This payment of Twenty-Seven Thousand Forty-Eight ($27,048.00) Dollars shall be made to Wife at settlement. Net proceeds shall be defined as the gross sales price minus the outstanding debt on the marital residence, minus the listing agent's commission, 4 r minus real estate trarisfer taxes and fees associated with the sale. Husband shall be responsible for $4,000 of improvements made to the home to ready it for sale. Wife shall be responsible for the remainder. Wife shall keep the support payment made in September as a credit towards Husband's contribution towards the improvements. The balance shall be paid at the time of settlement, if it has not been made before. Wife shall receive all remaining net proceeds ftom the sale of the Marital Home. Wife shall also receive the tax proration payable to sellers at the time of settlement. Pending the sale of the Marital Home, Wife shall be responsible for the payment of extraordinary repairs to the structure and fixtures of the Marital Home. Husband shall contribute u$ to $3,000 towards extraordinary repairs, needed for the sale of the home, and as agreed upon by the parties. Wife shall be responsible for the payment of the mortgage, insurance and utilities associated with the Marital Home In the event money is due from Husband and Wife upon the sale of the Marital Home, because the sales price is insufficient to pay the mortgage and associated costs of sale, said sums shall be paid by Husband and Wife in equal shares. In the event Husband's forty-eight point five (48.5%) percent of the net proceeds of the sale of the Marital Home are insufficient to pay Wife the Twenty-Seven Thousand Forty-Eight ($27,048) Dollars due as set forth above, Husband shall not be responsible for payment to Wife of any shortfall. Wife confirms that the only lien against the home is the first mortgage with an estimated balance of $125,000. Wife confirms that there are no additional liens against the home, nor will any additional liens be considered in calculating the equity in the home. Wife confirms that all taxes have been paid to date. 4. Taxes. Prior to 2005, the parties have heretofore filed joint federal and state tax returns. 5 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 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 the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Husband shall be entitled to claim the child as an exemption for the years 2006 and 2008. Concurrently with the execution of this agreement, Wife shall execute the necessary IRS forms to transfer the exemption for 2008. Wife shall claim the child thereafter. 5. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 6. Transfers SuMect to Existing Liens Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 7. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title 6 and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. Eaaitable Division. By this Agreement the partiep have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 9. Rehnauishment of Riuhts. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 10. After-Acauired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11. Debts. Wife agrees to be responsible for the following joint debt of the parties: (1) Bank One Account #64; (2) Citi Card Account #2573; 7 (3) Mastercard Account #7129; (4) Bank of America Account #8452; (5) Citi Card Account #834; (6) People's Bank Account #137; (7) University of Maryland VISA Account #086; (8) Bank One Account #664. 12. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Counsel Fees. Coats and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 8 Y 14. Alimony. Except as outlined in paragraph 15, in exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. Effective September 1, 2008, Wife shall withdraw the APB, action filed at docket number 00754 S 2006 in Cumberland County and advise the Domestic Relations Office that any and all arrears are forgiven. Wife will repay funds which have been paid to her for child support and spousal support by Domestic Relations after October 1, 2008 to husband upon execution of this agreement. Payment must be by certified check. Any future support withheld from husband°s paycheck will be repaid immediately in the same manner. Wife shall be entitled to keep the September payment in its entirety as a credit towards costs expended on the marital home to ready it for sale. All other payments shall be immediately repaid. 15. Child Support. A. Effective September, 1, 2008., Wife shall withdraw the child support action filed at docket number 00754 S 2006 in Cumberland County, Pennsylvania. Wife shall advise the Domestic Relations Office that any and all arrears are forgiven. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all 9 rights, claims or demands of whatsoever nature which he or she npw has or hereafter can, shall or may have against the other in the nature of child support. If Wife files a complaint for child support in the future and receives such an order, she shall pay Husband an amount equivalent, dollar for dollar to the amount of court ordered child support entered against Husband as alimony until the child support order is terminated. This alimony shall be non-taxable to the recipient and non-deductible to the payor. If the court refuses to enforce this provision, Wife shall owe to Husband in equitable distribution an amount equal to the gross total of the child support order and shall have the right to claim such as a judgment against Wife's property. B. Husband shall provide, at his expense, Blue Cross, Blue Shield, Major Medical or equivalent coverage for the benefit of the child, as long as it is available through Husband's employment, until the child is 18 or graduates from high school, whichever is later. Thereafter, if Husband and child have q continued relationship, Husband may continue to provide such coverage until the child becomes ineligible under Husband's coverage due to the child's age. C. The unreimbursed medical expenses for the child shall be divided with Wife paying the first One Thousand ($1,000.00) Dollars of unreimbursed medical expenses annually, including but not limited to dental, eye, orthodontic and counseling expenses. The remaining unreimbursed amount of such expenses shall be divided between the parties with Husband paying fifty (50%) perc,pnt and Wife paying fifty (50%) percent each year. D. Husband shall sign simultaneously with the signing of this agreement, the 10 necessary documents to allow Wife to receive directly the reimbursements she may be due for payment of the child's medical expenses or for hers. Husband shall sign documents as necessary in the future to continue to allow Wife to receive the reimbursements directly. 16. Full Disclosure. The respective parties do hereby Wan-ant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under thp intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 18. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act 11 or omission of such party, such parry will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other parry in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 19. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such 12 knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 22. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 23. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 24. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforpe this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 13 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. t,camJ ?26E?2 Patricia DeBlasis Kraal 14 Exhibb.ii «C„ '01-Y N0335 bond bwmmdBlonW. Is Adwaat a Saldamaat Savioam In. 6375 Momy Urine Smib 102 11-* *aiad PA 17060 717-591-7755 Piim No.10131 Pm ID A 40-09-OS33-060 tMO2H!l 9ji.0 3nbentare, =& as &Y of Jo v (ier hmA l r calbrd the QraMw), of dw ow part, and I'. S. TJMY J i I U1? AND SCUff LpLMCR&WMAN R ARAM Tf`- 7O (iereie Ow called Una Crwo ml of ft odd part, Vit11 IM4 dW die said C» mg, for and in oasr#idera- I of tba amm of Twe Haim Swy? nn Um m" ] o? M46 (30^0) b w ssomy of do UAW ft" of Aa wwo, mob bar w W and truly pad by As aid Ckwom as, at or before do sea ft grad dtlivemy bw=C des no@* wiareof a berebyr ac1 raow1,16, bas grarNed, barpikmd mod sobs released and aoairmed, and by da premerrts does gw. bwpit mod amid release and ookymtas mob &a said (lrs¦lees, am bmft by So O& OW ALL =AT CWrAW Use or pearl of lad amdp w*m smov. &ft omd & ft flee TOOMW of Somli P H I l bk it da (.am wy of C=ba bw4 ad Caaarrowrc -wMl of Pwmcyfiaw" nor miwlp dcs?arrlbdaef#l Ww at w iok pin a. die a mbrly rift lim of Darbyd*o D&o, a 50 foot wide rim of-*w, wrhtei said pow is mace partiodWy km w at go, - a -io- of do sa wly right-of-my tike of Darbyabim Drive amd *A dividimg lion l - -, a Lab Nam. 1 akd 2 oo tie Pik of L.ab bwo?wn am -Paul Pbm for ittkyappim Vr'dW Derbyddm Lots 1-3V'-, *Ame Om and poW afbaijrmk ft oh n dw &"dbAg like balwem Lob Nos. 1 led 2 m tie mor=e Pisa of Lob, aortb 52 dmpees 43 ah"mm 16 =coodc eub a dials of 175.00 fist to a cokamb mownwo on dam pn*my lie of osier brads of 1A13 appim Viilye as aI n - m do ofomaeaid Pbn of Lab; dmm dram said aooormle mommmm ab" to preperty sloe of atier bads of lbuvppla ViNMA am* 03 1 g - 43 mbobm 02 secomb coat. a dhomm of 16t1S7 hot b m bw pia m So dividikg sloe betwmea Lob Nom. 2 cad 3 m the dormmad Pbe of Lots. d mm *? acid km pim a1mg the divWmg Um I I -ek Lab No& 2 and 3, mA 90 degrees 00 Minn em 00 =comb wwas% m ftho m of 13020 foot to m km pie an tie mdoly r*i-oF may Sm of Datb ddm Drina & mw Am maid um Pik abmg As aasbriy right-of-vay lima of Derbysb= Drive in a mrtiwMmly i'irer?tiok abmtg a curve to do bfi bwbg a r4m of 24SA Am*, m aria dbbkoe of 13.55 feet to a• bm pia, do pion of BRGQIINM BXffIG Lot No. 2 as lie Pbm of Lob i ma am "Fleas Pin for Mkyapplm Vdb Sk Darbyrr d m Laic 1- 39."p"wW by Sled MkobM Bupw ring and Pbmmg Coas¦I mb6 dried Jmmy 26, 1919, and 3 roooaAnd in do Office of de Reooeder of Deeds of C=brhnd County. Pb¦aW"n is in plan Book Si, Pass 6i-A. M? AND SUBJWr to bnildiag adbaeJm as set ford a the above mandoaed plan, being a 30 feet boat sslbeck tines and a 10 feet setback tine. ALSO UN? APO SUBACr b de re I istia¦s as more partisduly set toad in aw Deelaa¦tion of Comaub and Rm&ktioas dated June 16,1989, wade by S39 Dav bpmw Company, and seceded ie the Office of ds Recorder of Deeda of Cumberland County, Ponagavania an Jew 16, 1909, in Ww Boot 365, PagaS66, and is tie SR*bmomd Declnntion of Coraaanb and Rsokk isas dated October 16, 1919 made by S39 Developmsat Compwy seoondd owOctober 16, 190, i Njw Boot 370, Page 720, and b ati olbr rostriotioas, aoaenratioos, setback tines and rwit"f-way of record 11XV4G de same pamises a S Ik A Codoes Boat lioness„ boa, by Used dated October 23,1991, sed receded October 24,1991, iotie OMce ofds Recorder of Uaeds in and for do County of Coombrland, Pwmge a¦ia, in Bock J-35, Page 18. grsaled and conveyed sslo PatrR. DeBbou, s I berm. Wage*f Wo a8 and =Wdw do boddintis and inrpvvamu k ways, sbesd, d*% * v mq% papa, mss, gy m, r&, 0 11, pri+Aip bwoM ama¦ts and apptI m c -R ukaoerer unto &a busby geared psmises bslor gb& or in anus ap1 sa1 1 and tie aereasions and re¦miad, mate, Inswok and polite deaen and ati de add% rW bids, Minot, papwly. oinb: and dammed wrbdmver of bar, de said gaator, as weti st im as o a viky, oC in and b the same` So Jot M* es b" lire aid lot or piece of 8 - dewed shore, w?ilr do bnrMW and rapareasals tbareoa °ecrd bueditaaaanle and pemisas busby gated, er m usio ned and iolanded so to be, wrid tie -;1 itaasnces, unb de and Qualm bait bees and aaigos, b and dr the only p+eper an and beboofafibe amid Q vnlws, tbeirieirs and asaipa, foaeuor. de said Q uar, for 6aesalf and bar bees, araearors and adaaiaistrators, does, by Seas AseentS cvaenanl, grant and spok b and w 0b do aid Oraress, d m& banks and sedow, dot sip, as mid Orarror, and bar bears, all and 44vi er de rorodilaream and psemiaes basin desca$e I and gralad, or s ndonnd and ie/naded so b b% wad do appuetanaaoa, oft &a said t notes,, dab miss and assips, spirt 1w, de and Onantor, and bw bok% wrdl vimmm t and ds"d apersttre baadid claims of all pass¦s clsie ft by, deooo or under tie said Craft be act ctbuw 311 WUMM Vft" do party of do So put bas iaamb art ber band and mL Dated da dry and your The above writiom tads WOW* Dd 1318 PRBSBNCB OF US: §EALI Palrhis R Deshob 2 Sw..f ?t Dei-DA ca my of Pft(,04 4*4 ) u On dik ?? '`° day of JOAA- Zdl ?. bdae or, fr .nd.iai0esd P .p ,, 11L Ddonk fo,owe ID see (or atiiolttn'r !mw) b be do paneon wioeeare is wt1 eQ11 I b &O Rrritt iar?oiat, and ac a mlodgad flat are amosbd to state for die ptofpoees ftassin a ndlimt IN wnwm WIIBRBOF, 16eteosib set tery? !tend and My oomsissiop a a?ues The Pnocie raidenoe asd be ooaplole post affioe addtees of Ire arwmea wd Gmftes is: ...._..____r?. 3 DnftaM n Dr JO?INM1 N OA011M, M Cmftk !A 17US Mtlrr Pdft - Mlle d mob w0?tttttlwte0tMtsell tt, Dtt Onab" 100 sum of R... .a av>t.Dr.l?.t..util\ L 1ti, V U lr l Y 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 * Instrument Type - DEED Invoice Number - 67695 User ID - ES * Grantor - DEBLASIS, PATRICIA R * Grantee - LUEBBERS, SCOTT J * Customer -1ST ADVANTAGE SETTLEMENT SER INC * FENS Instrument Number - 201016333 Recorded On 6/21/2010 At 2:49:03 PM *Total Pages - 4 STATE TRANSFER TAR STATE WRIT TAR STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE SOUTH MIDDLETON SCHOOL DISTRICT SOUTH MIDDLETON TOWNSHIP TOTAL PAID $2,650.00 $0.50 $23.50 $11.50 $10.00 $11.50 $2.00 $3.00 $1,325.00 Certification Page $1,325.00 $5,362.00 I Certify this to be recorded in Cumberland County PA RECORDER O * - Information denoted by an asterisk may change during the verifkation process and may not be relketed on this page. DO NOT DETACH This page is now part of this legal document. ?iOMiim? Exhibit " 4 Irvine Row Carlisle, PA 17013 JpW OFFICE OF SEAN M. SHULTZ.,. contact@ShLiltzLawOffice.com November 30, 2010 VIA U.S. REGULAR & CERTIFIED MAIL RETURN RECEIPT REOUESTED Patricia Deblasis 6496 Via Rosa Boca Raton, Florida 33433 RE: Enforcement of Marital Settlement Agreement Our File No. 1429.1 Dear Ms. Deblasis: Phone: 717.701.8412 Fax: 717.701.8416 Please be advised that I represent your former husband, Bradley J. Hilty, in the above-referenced matter. I do not know whether you continue to be represented by Attorney Levin, but I have copied her on this letter out of courtesy. Paragraph 3 of the Marital Settlement Agreement dated October 23, 2008, states that Mr. Hilty shall receive 48.5% from the net proceeds of the sale of the marital home minus his share of the joint marital debt in the amount of $27,048.00. The marital home located at 3 Derbyshire Drive, Carlisle, Pennsylvania, was sold for $265,000.00 on June 15, 2010. To date, Mr. Hilty has not received his share of the proceeds. By this letter, we are demanding his share plus legal interest at the rate of 6% be paid immediately. If we have not received his share of the proceeds plus interest within ten (10) days of the date of your receipt of this letter or if you or your attorney have not made arrangements for payment through my office within that time frame, we will proceed by filing a Petition for Contempt. In that petition, we will request reimbursement of Mr. Hilty's attorney fees in addition to the proceeds plus interest. Should you or your attorney have any questions, please do not hesitate to contact me. Very truly yours, LA FFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz SMS/dmh cc: Ann Levin, Esquire Bradley Hilty THE ADVICE YOU NEED. THE RESPECT YOU DESERVE. s y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, Plaintiff/Respondent V. No. 2005-22 In Divorce Civil Action - Law BRADLEY J. HILTY, Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this 22"d day of December, 2010, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Petition for Contempt by first class, United States Mail, postage pre-paid, addressed as follows: Ann Levin, Esquire Smigel, Anderson, & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Plaintiff/Respondent and by first class, United States Mail, postage pre-paid, and by United States Certified Mail, Return Receipt Requested, addressed as follows: Patricia Deblasis 6496 Via Rosa Boca Raton, Florida 33433 Plaintiff/Respondent Respectfully submitted, OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Petitioner DEC27iuiu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, Plaintiff/Respondent V. BRADLEY J. HILTY, Defendant/Petitioner No. 2005-22 In Divorce M M M= -v Civil Action - Law cis RULE TO SHOW CAUSE AND NOW, this 3 44 day of , 2011 , a Rule is issued on the Respondent, Patricia DeBlasis, to show cause why she should not be held in contempt of Court, be ordered to pay Petitioner 48.5% from the net proceeds of the sale of the marital home, and be ordered to pay Petitioner's attorneys fees and court costs. '07 RULE returnable at a hearing on 7 , 2011, at in the Cumberland County Courthouse, Courtroom No., Carlisle, Pennsylvania. By the Cou J. 1-11 Ann Lev !1N. V sue„ M -36o+z, ;fed ??a?reio.?ebio?is, Pt{? Cop?"'?,?i? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, Plaintiff/Respondent V. No. 2005-22 In Divorce Civil Action - Law BRADLEY J. HILTY, Defendant/Petitioner CERTIFICATE OF SERVICE C-) tM. ? j'j C7 4 ...1 Ed- ?y? .may r n co n C_ M_ -,a r Q CD - - v CD n C1 Z71 AND NOW, this 10th day of January, 2011, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Petition for Contempt filed in the above-referenced matter. The Petition was mailed on December 22, 2010, but actual service took place on January 6, 2011, by Defendant signing for a copy which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Postage Prepaid, addressed as follows: Patricia Deblasis 6496 Via Rosa Boca Raton, Florida 33433-6499 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, LA OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorneys for Defendant/Petitioner ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1 • Article Addressed to. POi 6 u beb] rS "91/ via 650 r 2. Art' _(rh 7010 1060 oe 0001 1048 0872 • -- - -111 00 1 1, February 2004 Domestic Return Receipt A. Si ure B. R ved by (Printed N. -` .,dE?L C. Date o ive D. Is delivery adder different from item 1 ? Yes If YES, enter delivery address below: ? No 3' TYPe Certified Mail! Registered ? Insured Mail ? Express Mail ? Return Receipt for Merchandise ? C.O.D. 4. Restricted Delivery? (Extra Feel ? Yes 102595-02.M.1540 , SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, P Mr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(asasllp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYbV ANIA.- NO. 05 - 22 CIVIL TERM zm =-n -- r r ::u LAW IN - DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes counsel of record for the Plaintiff, Ann V. Levin, Esquire 1 SZGE? ANDERSON & SACKS, LLP, and files this Petition to Withdraw as Counsel and in support thereof avers as follows: 1. Petitioner is undersigned counsel, Ann V. Levin, Esquire, attorney of record for Plaintiff, Patricia DeBlasis, in the above-captioned divorce action. 2. Respondent is Bradley J. Hilty, currently represented by Sean M. Shultz, 4 Irvine Road, Carlisle, Pennsylvania 17013. 3. Respondent's counsel filed a Petition for Contempt on December 22, 2010 to enforce the terms of the parties' October 23, 2008 Marriage Settlement Agreement. 4. A Rule to Show Cause was issued by the Court on January 3, 2011, scheduling a hearing on Respondent's Petition for Contempt for February 17, 2011 before the Honorable Edward E. Guido. Petitioner has attempted to contact Plaintiff by correspondence and electronic mail dated December 30, 2010 and January 7, 2011. 6. Petitioner has been unable to contact Plaintiff by cell phone. 7. Plaintiff has made no effort to contact Petitioner regarding the pending contempt matter. 8. Petitioner is unable to represent Plaintiff in this matter without contact or consent from Plaintiff to do so. 9. Petitioner requests that she be allowed to withdraw as counsel for Plaintiff with good cause. 10. Respondent's counsel concurs with this Petition. 11. The Honorable Edward E. Guido has been assigned to the pending divorce-related action. THEREFORE, it is respectfully requested that Petitioner be granted leave to withdraw her appearance on behalf of Plaintiff in this action. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP Date: By: ? A V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3d Flr. Harrisburg, PA 17110 (717) 234-2401 Petitioner/Attorney for Plaintiff SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, and Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevinasasllp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY J. HILTY, DEFENDANT : NO. 05 - 22 CIVIL TERM : LAW IN -DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, Petitioner in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Petition for Leave to Withdraw as Counsel on Plaintiff and counsel for Defendant by placing same in the U.S. Mail, First Class, postage paid on the ?D day of January, 2011, addressed as follows: SEAN M. SHULTZ, ESQUIRE 4 IRVINE RD. CARLISLE, PA 17013 PATRICIA DEBLASIS 6494 VIA ROSA BOCA RATON, FL 33433 PATRICIA DEBLASIS 6708 SWEET MAPLE LN. BOCA RATON, FL 33433 SMIGEL, AN ERSON & SACKS, LLP By: Ann V' Levin, Esquire I.D.#: 70259 4431 North Front Street, 3`d Fir. Harrisburg, PA 17110 (717) 234-2401 Petitioner/Attorney for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 26 PM 12: 31 CU PEt SYLVA111A T?' PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 22 CIVIL TERM LAW IN - DIVORCE RULE TO SHOW CAUSE AND NOW, this ?Sday of 2011, a Rule is hereby issued on 0 G'" - Respondents to show cause why the relief requested should not be granted. RULE RETURNABLE within / 0 days of this order. BY THIE,,IYfiR J. Distribution: 'Ann V. Levin, Esquire; 4431 N. Front St., 3`d Flr., Harrisburg, PA 17110 Sean M. Shultz, Esquire; 4 Irvine Rd., Carlisle, PA 17013 v Patricia DeBlasis; 6494 Via Rosa, Boca Raton, FL 33433 Patricia DeBlasis; 6708 Sweet Maple Lane, Boca Raton, FL 33433 ao(e) F IL -OFFICE o7 f E F4OTHONOTARY SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(a),sasllp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF 2[,l l FFB -8 AM 41'*39 CU PENNs cUMBENRLAND COUNTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05 - 22 CIVIL TERM BRADLEY J. HILTY, DEFENDANT LAW IN - DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes counsel of record for the Plaintiff, Ann V. Levin, Esquire of SMIGEL, ANDERSON & SACKS, LLP, and files this Petition to Withdraw as Counsel and in support thereof avers as follows: 1. On January 24, 2011, counsel of record for Plaintiff, Ann V. Levin, Esquire, filed a Petition for Leave to Withdraw as Counsel in the above captioned matter. 2. On January 25, 2011, this Honorable Court issued a Rule to Show Cause giving Plaintiff and counsel for Defendant ten (10) days from the date of the order to file an answer to the petition. A true and correct copy of the Rule to Show Cause is attached hereto as Exhibit A. 3. Petitioner served the Rule to Show Cause on counsel for Defendant on January 28, 2011. A true and correct copy of the letters to Plaintiff and to Defendant's counsel are attached hereto as Exhibit B. 4. More than ten (10) days have passed since Plaintiff and counsel for Defendant were served with the Rule to Show Cause and Plaintiff and counsel for Defendant have failed to respond. 5. The Honorable Edward E. Guido has been assigned to this case. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order to make the Rule absolute and grant Plaintiff's Petition for Leave to Withdraw as Counsel. Respectfully submitted, Date: SMIGEL, ANDERSON & SACKS, LLP By: Nl? Ann .:Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Petitioner/Attorney for Plaintiff ?X?'??r I lao?) / I I PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM : LAW IN -DIVORCE RULE TO SHOW CAUSE AND NOW, this x day of 2011, a Rule is hereby issued on n Respondents to show cause why the relief requested should not be granted. RULE RETURNABLE within / 0 days of this order BY TH,E,COR . r J. Distribution: Ann V. Levin, Esquire; 4431 N. Front St., 3`d Fir., Harrisburg, PA 17110 Sean M. Shultz, Esquire; 4 Irvine Rd., Carlisle, PA 17013 Patricia DeBlasis; 6494 Via Rosa, Boca Raton, FL 33433 Patricia DeBlasis; 6708 Sweet Maple Lane, Boca Raton, FL 33433 r j,,p p'--r SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW ANN V. LEVIN, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-500-822-9757 January 28, 2011 Sean M. Shultz, Esquire 4 Irvine Road Carlisle, PA 17013 Re: DeBlasis v. Hilty Docket No. 05-22 Civil Term Dear Sean: FACSIMILE (717) 234-3611 EMAIL: alevin@sasllp.com www.sasllp.com File No. 7960-1-4 r7- Enclosed for service upon you please find a Rule to Show Cause and Petition for Leave to Withdraw as Counsel in the above referenced divorce matter, which we received in today's mail from the Cumberland County Court of Common Pleas. Thank you for your attention to this matter. Very t ly yours, Ann V. Levin AVL/hed Enclosures cc: Ms. Patricia DeBlasis 4431 North Front Street, Harrisburg, Pennsylvania 17110 A PENNSYLVANIA LIMITED LIABILTTY PARTNERSHIP SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW January 28, 2011 DELIVERY VIA 1ST CLASS & ELECTRONIC MAIL Ms. Patricia DeBlasis prdpls(aaol.com 6708 Sweet Maple Lane Boca Raton, FL 33433 Dear Patty: ANN V. LEVIN, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-800-822-9757 FACSIMILE (717) 234-3611 EMAIL: alevin@sasllp.com www.sasilp.com File No. 7960-1-4 Enclosed for service upon you please find a Rule to Show Cause and Petition for Leave to Withdraw as Counsel in the divorce action. Very truly yours, Ann V. Levin AVL/hed Enclosures 4431 North Front Street. Harrisburg. Pennsylvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW January 28, 2011 DELIVERY VIA I sr CLASS & ELECTRONIC MAIL Ms. Patricia DeBlasis prdpls@aol.com 6494 Via Rosa Boca Raton, FL 33433 Dear Patty: ANN V. LEVIN, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-800-822-9757 FACSIMILE (717) 234-3611 EMAIL: alevin@sasllp.com www.sasllp.com File No. 7960-1-4 Enclosed for service upon you please find a Rule to Show Cause and Petition for Leave to Withdraw as Counsel in the divorce action. Very truly yours, Ann V. Levin AVL/hed Enclosures 4431 North Front Street. Harrisburg, Pennsylvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3 d Mr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(wsaslip.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY J. HILTY, DEFENDANT : NO. 05 - 22 CIVIL TERM LAW IN -DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, Petitioner in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Motion to Make Rule Absolute on Plaintiff and?/ counsel for Defendant by placing same in the U.S. Mail, First Class, postage paid on the 7 day of February, 2011, addressed as follows: SEAN M. SHULTZ, ESQUIRE 4 IRVINE RD. CARLISLE, PA 17013 PATRICIA DEBLASIS 6494 VIA ROSA BOCA RATON, FL 33433 PATRICIA DEBLASIS 6708 SWEET MAPLE LN. BOCA RATON, FL 33433 SMIGEL, ANDERSON & SACKS, LLP nn / __/ By: '?- l/ Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110 (717) 234-2401 Petitioner/Attorney for Plaintiff SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3rd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin&sasllip.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT i FF 5) 10 eI ? U- i n - e It ifi { :J 11+ k ?t i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM LAW IN -DIVORCE ORDER AND NOW, this /J-*4day of February, 2011, it is hereby ORDERED and DECREED that Petitioner's Motion to Make Rule Absolute is GRANTED. Petitioner has leave to withdraw as counsel for Plaintiff. BY THE C J. istribution: Ann V. Levin, Esquire; 4431 N. Front St., 3`d Fir., Harrisburg, PA 17110 mean M. Shultz, Esquire; 4 Irvine Rd., Carlisle, PA 17013 ?Patricia DeBlasis; 6494 Via Rosa, Boca Raton, FL 33433 *"'Patricia DeBlasis; 6708 Sweet Maple Lane, Boca Raton, FL 33433 "-? oatid 6? all orb 3 SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin?`sasllp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF C:11 --ti 0'- - *' 4 yrn rn ca -<> _ "'itD C -..C C:) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 05 - 22 CIVIL TERM BRADLEY J. HILTY, DEFENDANT LAW IN -DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for Plaintiff, Patricia DeBlasis, in the above-captioned action. SMIGEL, ANDERSON & SACKS, LLP Date: /- By: V _Jnsm _/e_? - Ann Levin, Esquire I.D.#: 70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110 (717) 234-2401 SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, P Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(d)sasllp.com Attorney for Plaintiff PATRICIA DEBLASIS, PLAINTIFF V. BRADLEY J. HILTY, DEFENDANT Y' , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 22 CIVIL TERM : LAW IN -DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, do hereby certify that I served a true and correct copy of the foregoing Praecipe for Withdrawal of Appearance on Plaintiff and counsel for Defendant by placing same in the U.S. Mail, First Class, postage paid on the 11th day of February, 2011, addressed as follows: SEAN M. SHULTZ, ESQUIRE 4 IRVINE RD. CARLISLE, PA 17013 PATRICIA DEBLASIS 6494 VIA ROSA BOCA RATON, FL 33433 PATRICIA DEBLASIS 6708 SWEET MAPLE LN. BOCA RATON, FL 33433 SMIGEL, A DERSON & SACKS, LLP Ey: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110 (717) 234-2401 PATRICIA DEBLASIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2005-22 BRADLEY J. HILTY, : IN DIVORCE Defendant/Petitioner: CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 17th day of February, 2011, at the request of Plaintiff:/Respondent, we will continue this hearing until March 30, 2011, at 1:00 p.m. She is directed to furnish the Court and opposing counsel the following documents: 1. A copy of the settlement sheet from the sale of the home. 2. Copies of any and all bills for expenses incurred in getting the home ready for sale. If Plaintiff/Respondent desires to retain counsel to represent her at the hearing, she may do so. By the. Court, Edward E. Guido, J. / Patricia DeBlasis -0 -' 6494 Via Rosa Boca Raton FL 33433 d , VSean M. Schultz, Esquire yvile Copo? 4 Irvine Row Carlisle, PA 17013 pK? For Defendant/Petitioner :mlc PATRICIA DEBLASIS, Plaintiff/Respondent: V. BRADLEY J. HILTY, Defendant/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C NO. 2005-22 CIVIL TERM-oX r*tW TION FOR CONTEMPT OF COURT A© day of March, 2011, u*E --e we find her in rs 0 IN RE: PETI ORDER AND NOW, this 30th admission of the Plaintiff/Respondent, CA) 3 c.+n co "*a r?tr -urn a 1 a . contempt. The Plaintiff/Respondent is directed to pay the Defendant/Petitioner the sum of $39,911.22 less the portion of the child's medical not covered by insurance to which the Defendant/Petitioner would be responsible under the terms of the settlement agreement. Plaintiff/Respondent. shall pay said amount within thirty days of today's date. The amount in controversy with regard to the medical bills may be escrowed by counsel for either party. By the C Edward E. Guido, J. Nicholas A. Fanelli, Esquire For the Plaintiff/Respondent ? Sean M. Schultz, Esquire For the Defendant/Petitioner 3r ' :lfh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRI IA DEBLASIS, No. 2005-22 -?3 = °_; Plaintiff/Respondent rn rr n MW In Divorce r -<> to D c' r Civil Action - Law BRAD EY J. HILTY, CD Defendant/Petitioner PRAECIPE TO THE PROTHONOTARY: lease mark as discontinued Defendant/Petitioner's Petition for Contempt filed on Decem er 22, 2010, in the above-captioned matter. Date: April 25, 2010 Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant/Petitioner Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA DEBLASIS, No. 2005-22 Plaintiff/Respondent In Divorce Civil Action - Law BRAD EY J. HILTY, ; Defendant/Petitioner CERTIFICATE OF SERVICE A,ND NOW, this 25th day of April, 2011, I, Sean M. Shultz, Esquire, hereby certify that I have th s day served the following person with a copy of the foregoing Praecipe by first class, United tates Mail, postage pre-paid, addressed as follows: Nicholas A. Fanelli, Esquire Cunningham & Chernicoff, P.C. 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 Attorney for Plaintiff/Respondent Attorney ID No. 90946- 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant/Petitioner Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C.