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HomeMy WebLinkAbout05-2186NORIE A. HUNT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV V. NO. 2005 - _2 1? CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set following pages, you must take prompt action. You are warned that if you fail to c case may proceed without you and a decree of divorce or annulment may be ent, you by the court. A judgment may also be'entered against you for any other clai requested in these papers by the Plaintiff. You may lose money or property or of important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown o marriage, you may request marriage counseling. A list of marriage counselors is the Office of the Prothonotary at the Cumberland County Court House, Carlisle, I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANN GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. II NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BI PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IA rth in the so, the :d against or relief ?r rights the available in ennsylvani; :OUNSEL .MENT IS YOU DO iNE THE ELP. ABLE TO NORIE A. HUNT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL\? V. NO. 2005 - ?l c G CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Norie A. Hunt, an adult individual who currently resides at South Front Street, York Haven, York County, Pennsylvania 17370-8815. 2. Defendant is Scott D. Hunt, an adult individual who currently 81 South Front Street, York Haven, York County, Pennsylvania 17370-8815. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to filing of this Complaint. 4. The Plaintiff and Defendant were married on May 24, 1997 in County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 6. There have been no prior actions of divorce or for annulment parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and may have the right to request that the court require the parties to participate in Counseling. the he 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff and Defendant intend to reach an agreement the division of their marital property and only if the parties cannot reach such an agreement would they ask this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: April 7-6 , 2005 /4?-LC" Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Norie A. Hunt ng mas\DomestickH unt\d ivorce.com p w NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL\? NO. 2005 - CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AGREEMENT TO VENUE PURSUANT TO RULE 1920.2 The undersigned parties agree to this action being brought in Cumberland County, Pennsylvania. Date: April _11, 2005 Date: April , 2005 6`ert Norie A. Hunt Scott D. Hunt VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 C.S. § 4904, relating to unsworn falsification to authorities. Date: April 19 , 2005 /1?-- Norie A. Hunt r-> _{ Ll1 br., a ?? G ?C. U 1 -?i 5 'h. NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1920.43 AND NOW, comes the Plaintiff, Norie A. Hunt, by and through her attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The Plaintiff is Norie A. Hunt (hereinafter referred to as "Wife"), an adult individual who resides at 745 Bowers Bridge Road, Manchester, York County Pennsylvania, 17345-9228. 2. The Defendant is Scott D. Hunt (hereinafter referred to as "Husband"), an adult individual who resides 81 South Front Street, York Haven, York County, Pennsylvania, 17370-8815. 3. The parties are Husband and Wife. 4. The parties separated in April, 2005 and Wife filed a divorce action docketed to the above term and number on April 26, 2005. 5. The parties are the owners of three motor vehicles which are titled in joint names: a Hyundai Accent; Ford Expedition and a Dodge Neon. 6. At the time of the parties' separation, Wife took possession of the Ford Expedition and the Dodge Neon and has been responsible for all of the costs of those vehicles since the parties' separation. 7. On Wednesday, July 19, 2006, Husband appeared in the early morning hours at Wife's separate residence and removed the Ford Expedition from Wife's residence without advance notice or discussion. Husband left the Hyundai that he had been driving since the separation in Wife's driveway. 8. On Thursday, July 20, 2006, Wife called the police to report the incident and the police would not become involved because they said that Husband was a joint owner of the Ford Expedition and Husband was permitted at Wife's separate property because the jointly owned vehicle was located there. 9. On Wednesday, July 19, 2006, Wife took the Hyundai and the Plymouth Neon to Husband's house and left them there because Wife did not want Husband returning to Wife's residence in relationship to those jointly-titled vehicles. 10. On Saturday, July 22, 2006, the local police contacted Wife to indicate that she must retrieve the Ford Expedition because it was on a public roadway with no license plate. Wife indicated that she would retrieve the Ford Expedition if the police could retrieve the license place from Husband. 11. Presently, the Ford Expedition is not at Husband's house and it's whereabouts are unknown. 12. Wife is the mother of five children and had used the Ford Expedition to transport the children to and from various activities, which she can no longer do without a large vehicle. 13. Mother was to have gone on vacation with her extended family during the week of July 23, 2006 and Husband's removal of the Ford Expedition interfered with Wife's vacation. jb 14. Husband has been contacted about this Motion and he will return the Ford Expedition only if Wife meets other conditions which are not acceptable to her. WHEREFORE, Wife respectfully requests that this Honorable Court enter an Order directing Husband to return to Wife the Ford Expedition pending equitable distribution in this matter and directing Husband to pay Wife's attorney's fees relative to this Petition. Respectfully submitted, O'BRIEN, BARIC & SCHERER 1 MicKael-A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/hunt/specialrelief.pot NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE VERIFICATION The statements in the foregoing Petition For Special Relief Pursuant To Pa.R.C.P. 1920.43 are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§ 4904 relating to unsworn falsifications to authorities. DATE: July 6D _, 2006 el?? - a - Hl-? Norie A. Hunt NORIE A. HUNT, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SCOTT D. HUNT, Defendant NO. 2005 - 2186 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on August 16, 2006, I, Andrea M. Barrick, Secretary of O'Brien, Baric & Scherer, did serve a copy of the Petition for Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370 Andrea M. Barrick cr - r7 ? rn AUG 17 2005 NORIE A. HUNT, IN THE COURT OF COMMON PLEAZ_OF? Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this,,;Vnd day of _(? 2006, upon consideration of the attached Petition For Special Relief Pursuant to Pa.R.C.P. 1920.43, a hearing is set for the ll*fh day of 2006 at 3 :00( 41-2-m. in /r 7 Courtroom No. _?/_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, .06c'hael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 iScott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 V? i S : ! I WV ZZ OAV 40QZ 1 /I_C??Ui?1Ctd3HidQ DCM? C-031I3 NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 12 ~ day of September, 2006, after a hearing on Plaintiff's Petition For Special Relief Pursuant to Pa.R.C.P. 1920.43, Defendant is ordered to deliver the parties' 1997 Ford Expedition to Plaintiff's residence on or before September 14, 2006. Defendant shall deliver the vehicle in the same condition as the vehicle existed on July 19, 2006. Defendant shall leave all keys to the Expedition in Plaintiffs mailbox. Defendant shall execute the title to said 1997 Ford Expedition thereby making Plaintiff the sole owner of that vehicle. Wife shall execute the title to the jointly owned Hundai Accent thereby making Defendant the sole owner of that vehicle. This Order is entered without prejudice to the parties to make monetary claims for the vehicle awarded to the opposing party in connection with equitable distribution of the marital assets. BY T E COURT /l /? 144 A. Hess, J. Xchael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 J ,ecott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 I 0\ O ? °, ?-, ?, _ ? ?_1 ?. , ? l,, _ . '°? t ?l NORIE A. HUNT, V. SCOTT D. HUNT, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2186 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT 1. The petitioner is Norie A. Hunt (hereinafter referred to as "Wife"), an adult individual who resides at 745 Bowers Bridge Road, Manchester, York County, Pennsylvania, 17345-9228. 2. The respondent is Scott D. Hunt (hereinafter referred to as "Husband"), an adult individual who resides at 81 South Front Street, York Haven, York County, Pennsylvania, 17370-8815. 3. The parties are Husband and Wife. 4. The parties separated in April 2005 and Wife filed a divorce action docketed to the above term and number on April 26, 2005. 5. The parties are governed by an Order dated September 12, 2006, a copy of which is attached hereto as "Exhibit A." 6. Paragraph one (1) of the Order mandates that Husband deliver to Wife the parties' 1997 Ford Expedition to Wife's residence on or before September 14, 2006. Paragraph one (1) also orders Husband to execute the title to the 1997 Ford Expedition thereby making Wife the sole owner of that vehicle. 7. Husband failed to obey the Order and did not appear on or before September 14, 2006 to deliver the parties' 1997 Ford Expedition to Wife. Further, Husband has failed to contact Wife with any explanation concerning his failure to tender the vehicle. WHEREFORE, Wife respectfully requests that this Honorable Court enter an Order of Contempt against Husband in this matter and direct that Husband pay Wife's attorney's fees relative to this Petition and pay fines and fees per diem for Wife's damages caused by Husband's continued possession of said vehicle and grant such other relief as this Honorable Court deems just and appropriate. Respectfully submitted, O'BRIEN, BARIC & SCHE David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 -NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Defendant IN DIVORCE ORDER OF COURT AND NOW, this ?Z ~ day of September, 2006, after a hearing on ti SCOTT D. HUNT, CIVIL ACTION-LAW Plaintiffs Petition For Special Relief Pursuant to Pa.R.C.P. 1920.43, Defendant is ordered to deliver the parties' 1997 Ford Expedition to Plaintiffs residence on or before September 14, 2006. Defendant shall deliver the vehicle in the same condition as the vehicle existed on July 19, 2006. Defendant shall leave all keys to the Expedition in Plaintiffs mailbox. Defendant shall execute the title to said 1997 Ford Expedition thereby making Plaintiff the sole owner of that vehicle. Wife shall execute the title to the jointly owned Hundai Accent thereby making f Defendant the sole owner of that vehicle. V. : NO. 2005 - 2186 CIVIL TERM This Order is entered without prejudice to the parties to make monetary claims for the vehicle awarded to the opposing party in connection with equitable distribution of the marital assets. BY THE COURT A. Hess, J. tag Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 TRUE CfTM'I' FROM RECORD In i;ro:•.'/ :? l ., nto t mX biNd o. k' ++ ? ; ate rlisl Pat a TO "EXHIBIT A" NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. David A. Baric, Esquire Dated: September / f-, 2006 NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on September,, 2006, I, David A. Baric, Esquire, did serve a copy of the Petition for Contempt, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 David A. Baric, Esquire r? ca ? Pn rn cn r*? a w t NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Petition for Contempt filed in this matter on September 19, 2006. Date: Respectfully submitted, O'BRIEN, BARIC & SCH David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/hunt/substitute.pra an VERIFICATION I, Norie A. Hunt, verify that the statements made in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. orie A. Hunt Date: I I'. a0, 020'0(0 A NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on September 25, 2006, I, Robert J. Dailey, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe to Attach Substitute Verification, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 r Robert J. Dailey -7 -r `'. C3? L!7 it " 713 Y ?- 1 7l = N - ?3 Z x tom) .'. Lf2 =- 1 1 ?(7D ... co i s 3 ? NO. NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT TO THE PROTHONOTARY: Kindly withdraw the Petition for Contempt which was filed in the above-captioned matter on September 19, 2006. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: September 27, 2006 Amxl Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2186 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE hereby certify that on Wednesday, September 27, 2006, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the foregoing Praecipe to Withdraw Petition for Contempt, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 Ah?h- Mkha6l A. cherer, Esquire _ g ?` ?? rn NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2186 CIVIL SCOTT D. HUNT, Defendant IN DIVORCE IN RE: PETITION FOR CONTEMPT ORDER AND NOW, this day of October, 2006, in consideration of the within petition for contempt, a rule is issued on the defendant to show cause why a contempt citation ought not to be issued. This rule returnable and to be heard at a brief hearing to be held on Thursday, October 26, 2006, at 11:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ?Michael Scherer, Esquire For the Plaintiff 1Scott D. Hunt, Pro Se Defendant J Am BY THE COURT, q/ Kevin . Hess, J. -9 0 Z NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1920.43 AND NOW, comes the Plaintiff, Norie A. Hunt, by and through her attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The Plaintiff is Norie A. Hunt (hereinafter referred to as "Wife"), an adult individual who resides at 745 Bowers Bridge Road, Manchester, York County Pennsylvania, 17345-9228. 2. The Defendant is Scott D. Hunt (hereinafter referred to as "Husband"), an adult individual who resides 81 South Front Street, York Haven, York County, Pennsylvania, 17370- 8815. 3. The parties are Husband and Wife. 4. The parties separated in April, 2005 and Wife filed a divorce action docketed to the above term and number on April 26, 2005. 5. Wife attended a real estate settlement on or about December 6, 1999, wherein she believed that she and Husband were jointly purchasing the property located at 81 South Front Street, York Haven, Pennsylvania, for $69,900.00 from Robert and Shelly Wilson. 6. Wife had believed until recently that she was a record owner of the property, however, Husband recently stated that he had refinanced the existing mortgage loan on the property, which typically would not be possible without Wife's cooperation if the property is jointly owned. 7. Undersigned counsel checked the relevant records and determined that Husband took title to the property in his name alone on December 6, 1999, despite Wife's presence at the real estate settlement. 8. Undersigned counsel further determined that Husband took out a new mortgage on the property for $95,000.00 on September 26, 2005, which is after the date of separation. 9. Husband is believed to have increased the indebtedness on the property by approximately $30,000.00 and Husband has dissipated marital property in that Wife has a claim for the increase in value of non-marital property from the date of marriage to the date of separation. 10. The marital residence is the only asset of significant value and the parties have substantial debt which must be resolved in connection with the divorce. 11. Wife believes there is additional equity in the property and is concerned that Husband will strip the equity out of the property through further encumbrances on the property. WHEREFORE, Wife respectfully requests that this Honorable Court enter an Order preventing Husband from refinancing or further encumbering the debt on the marital residence without an Order of Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER t4 Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 maslDomesticlHunt\specialrelief2.ltr 4 NORIE A. HUNT, V. Plaintiff SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2186 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION The statements in the foregoing Petition For Special Relief Pursuant To Pa.R.C.P. 1920.43 are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§ 4904 relating to unsworn falsifications to authorities. DATE: October, 2006 Norie A. Hunt NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2186 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on Monday, November 11, 2006, I, Andrea M. Barrick, Secretary, of O'Brien, Baric & Scherer, did serve a copy of the foregoing Petition for Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 -tK ? i'l-I)aMmej Andrea Barrick, Secretary - C771 =I C, C i NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2186 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this 1 G 'day of 2006, upon consideration of the attached Petition For Special Relief Pursuant to Pa.R.C.P. 1920.43, a Rule is hereby issued upon the Defendant, Scott D. Hunt, to show cause, if any there be, why he should not be Ordered to refrain from further encumbering the real estate located at 81 South Front Street, York Haven Borough, Pennsylvania pending further Order of Court. Rule returnable within Zo days of service hereof. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 NOV 14 2006 BY THE COURT, E r 57? •9 II L I ACIN 90,01 NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2186 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Norie A. Hunt, Plaintiff moves the court to appoint a master with respect to the following claims: (x) Divorce under 3301(c) and (d) (x) Distribution of Property Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant has appeared in the action pro se. (3) The statutory grounds for divorce are irretrievable breakdown and indignities. (4) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has been not been reached with respect to any claims. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any relevant to the motion: None. C DATE: L// ? W/, q Mic a I A. S er, Esquire I. D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 ORDER APPOINTING MASTER AND NOW, this day of April, 2007, , Esquire is appointed master with respect to the following claims: irretrievable breakdown and indignities. BY THE COURT: J. "'0 16 2007 04 NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Norie A. Hunt, Plaintiff moves the court to appoint a master with respect to the following claims: (x) Divorce under 3301(c) and (d) (x) Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant has appeared in the action pro se. (3) The statutory grounds for divorce are irretrievable breakdown and indignities. (4) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has been not been reached with respect to any claims. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any relevant to the motion: None. C. DATE: Mic a I A. S er, Esquire I. D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 ORDER APPOINTING MASTER n AND NOW, this I VA day of April, 2007,0. k ",Zquire is appointed master with respect to the following claims: irretrievable breakdown and indignities. VHE „ 1 G J. TH.H "`. = ?? s s ' a s r " _ ra f,tf, b J d NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2186 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION TO MAKE RULE DATED NOVEMBER 16. 2006 ABSOLUTE AND NOW, comes the Plaintiff, Norie A. Hunt, by and through her attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The plaintiff is Norie A. Hunt (hereinafter "Wife"), an adult individual who resides at 745 Bowers Bridge Road, Manchester, York County, Pennsylvania, 17345-9228. 2. The defendant is Scott D. Hunt (hereinafter "Husband"), an adult individual who resides at 81 South Front Street, York Haven, York County, Pennsylvania, 17370-8815. 3. On November 13, 2006, undersigned counsel filed a petition for special relief requesting the Court enter an Order directing that Husband be prevented from further encumbering the former marital residence pending further Order of Court or a written agreement of the parties. The Petition is attached hereto as "Exhibit A". 4. This Honorable Court entered a Rule on November 16, 2006 which was returnable in twenty (20) days. The Rule is attached hereto as "Exhibit B". 5. The Rule was served on the defendant on November 21, 2006. 6. Undersigned counsel has not received a reply from Scott D. Hunt. 7. The Honorable Kevin A. Hess was previously assigned to this case in connection with the within Petition for Special Relief and a prior Petition for Special Relief. ?I WHEREFORE, Wife requests that this Honorable Court enter an Order which prevents Scott D. Hunt from further encumbering the marital residence pending further Order of Court or written agreement of parties. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff NORIE A. HUNT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2186 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE V. SCOTT D. HUNT, Defendant VERIFICATION I verify that the statements made in the foregoing Petition to Make Rule Dated November 16, 2006 Absolute are true and correct to the best of my knowledge, information and belief. This verification is signed by Michael A. Scherer, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. gl?l Michael A. Scherer, Esquire Dated: April , 2007 APR 8 ? 2002//1 NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 30 - day of 2007, upon consideration of the within Petition to make Rule Absolute, the Rule entered on November 16, 2006 is hereb made absolute and Scott D. Hunt is prevented from further encumbering the real estate located at 81 South Front Street, York Haven, Pennsylvania, pending further Order of Court or a written agreement signed by the parties. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Scott D. Hunt 31 South Front Street fork Haven, Pennsylvania 17370-8815 c& /h2tc ?AtiaP ? 3D - o 7 0 BY THE COURT, 1 0 :1 W''d 0C ddv LODZ u y i. wC?A -'IH . ?O 44 In the Court of Common Pleas of Phone: No fL(v A,1-6iT Plaintiff vs. SCe'T7 'D out Defendant County, Pennsylvania Fax: Docket Number PACSES Case Number w . ZOO S- 7,1816 Other State ID Number CA VI Please note: All correspondence must include the PACSES Case Number. Income Statement THIS FORM MUST BE FILLED OUT (if you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears below.) INCOME STATEMENT OF c5 cwrr Nt1 &J T (Name) (Pacses Number) I verify that the statements made in this Income Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: w --f 09. 2Ao -7 -06f -P OR-N-T Plaintiff or Defendant INCOME n Employer: Ai ii o 1S Czv6st3um o a Address: 2,1a UIJ ST PUO 5YI,V4A)ZA- i4VEAJUE. u;r. Tr. fo 50 7'eu)5t?lJ? go zi Type of Work: Obbn &cma. - "rg-Cfiauem 1:;tjpvvA2,' Payroll Number: 0 !A 1al Pay Period (weekly, biweekly, etc): W V-ELL.f Gross Pay per Pay Period $ Itemized Payroll Deductions: Federal Withholding FICA Local Wage Tax State Income Tax Mandatory Retirement Union Dues _ Health Insurance iv. 6, Other (specify) ? n A49D f 69- 11.23 - A W Ci4 r. 6,9- 6.-11 C010 WPv2Y &Ra4w-s*mT" 22;t.190 Net Pay per Pay Period: Service Type ^7q a . 6S -? o 13 4 7. 74- AS -:71;, $ Form W-008 Rev. 1 Worker ID Income Statement (Continued) Other Income: Interest Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other TOTAL INCOME PROPERTY OWNED Checking accounts Savings accounts Credit Union Stocks/bonds Other PACSES Case Number Week Month Year (Fill in Appropriate Column) $ $ $ ? 378. wu??i Description Value CbAo,MUU+TY"4*4 $ It 261(14 Camuou_i!e ?S 12-UZI Total INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other Company Ownership* H W J Coverage* Policy No. H W C *H=Husband; W=Wife; J=Joint; C=Child Page 2 of 3 Form IN-008 Rev. 1 Service Type Worker ID Income Statement (Continued) SUPPLEMENTAL INCOME STATEMENT PACSES Case Number (a) This form is to be filled out by a person (check one): (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and telephone number: (d) Nature of business (check one) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other (f) Annual income from business: (1)How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specific deductions, if any: Service Type Page 3 of 3 Form IN-008 Rev, 1 Worker ID Phone: In the Court of Common Pleas of Plaintiff Docket Number vs. Defendant County, Pennsylvania Fax: PACSES Case Number Other State ID Number Please note: All correspondence must include the PACSES Case Number. Guidelines Expense Statement EXPENSE STATEMENT OF 5Q?py1 T lbt37 (Name) (Pacses Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ?lu t,-e 200 -' 'DJE;FM Q.A+-FC Plaintiff or Defendant Instructions: Guidelines Expense Statement This form should only be completed when the combined monthly net income of the parties is $20,000 or less and: 1)The party is claiming unusual needs and expenses that may warrant deviation from the support guidelines pursuant to Rule 1910.16-5, or 2) The party seeks an apportionment of expenses pursuant to Rule 1910.16-5. At the conference you must provide receipts or other verification of expenses claimed on this statement. Weekly Monthly Yearly Fill in Appropriate Column Mortgage (including real estate taxes and homeowner's insurance or Health Insurance Premiums Unreimbursed Medical Expenses: Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices, erapy) Child Care Private school Form IN-008 Rev. 1 Service Type Worker ID Guidelines Expense Statement (Continued) PACSES Case Number Weekly Monthly Yearly Parochial school Loans/Debts Support of Other Dependents: Other child support Alimon a ments Other: S ecif Total $ Page 2 of 2 Form IN-008 Rev, 1 Service Type Worker ID In the Court of Common Pleas of Phone: Plaintiff vs. Defendant Please note: All correspondence must include the PACSES Case Number. Melzer Expense Statement EXPENSE STATEMENT OF (Name) County, Pennsylvania Fax: Docket Number PACSES Case Number Other State ID Number (Pacses Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant Instructions: You must complete this form if you believe the combined monthly net income of the parties is more than $20,000 and the case will proceed pursuant to Me/zer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). No later than five business days prior to the conference, the parties shall exchange this form, along with receipts or other verification of the expenses set forth on this form. Failure to comply with this provision may result in an appropriate order for sanctions and/or the entry of an interim order based upon the information provided. EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTH LY PARENT HOME Medical Mortgage or Rent Medical Insurance Maintenance Doctor Lawn Care Dentist 2nd Mortgage Ho s ital Medication UTILITIES Counseling/Therapy Electric Orthodontist Gas Special Needs (glasses, etc.) Oil Telephone Cell Phone EDUCATION Water Tuition Sewer Tutoring Cable TV Lessons Internet Other Trash/Recycling Service Type Melzer Expense Statement (Continued) Form IN-008 Rev. 1 Worker ID PACSES Case Number EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT- EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHL Y PARENT TAXES PERSONAL Real Estate Debt Service Personal Property Clothing Groceries INSURANCE Haircare Homeowners/Renters Memberships Automobile Life MISCELLANEOUS Accident/Disability Child Care Excess Coverage Household Help Long-Term Care Summer Camp Papers/Books/Magazines AUTOMOBILE Entertainment Lease or Loan Payments Pet Expenses Fuel Vacations Repairs Gifts Memberships Legal Fees/Prof. Fees Charitable Contributions Children's Parties Children's Allowances Other Child Support Alimony Payments TOTAL MONTHLY EXPENSES Page 2 of 2 Form IN-008 Rev. 1 Service Type Worker ID c ? rl- C:"=) `J c -;`''. <- - __-! 00 r CUMUk IAPD IN THE COURT OF COMMON PLEAS OFF-COUNTY, PENNSYLVANIA No. ZOOS -- Z1g,6 CC UtU Noruc A. 46,u-r pLAtNT&F VS. DEr-eNP4,u-T PLAINTIFF'S ATTORNEY: Action in Divorce DEFENDANT'S ATTORNEY: INVENTORY OF Plaintif EiDefendant les the following Inventory of all property owned or possessed by either party at the time s action was commenced and all property transferred within the preceding three years. Plaintif efenda- erifies that the statements made in this Inventory and Appraisement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: ?N T ?Ao 7 _XK't1L? ?? ASSETS OF THE PARTIES Plaintiff/Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (+,( 1. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options () 4. Certificates of deposit () 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value cash surrender value and current beneficiaries) () 10,Annuities () I I.Gifts () 12.Inheritances () 13.Patents, copyrights, inventions, royalties () 14.Personal property outside the home () 15.Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16.Employment termination benefits - severance pay, workman's compensation claim/award O 17.Profit sharing plans 18.Pension plans (indicate employee contribution and date plan vests) () 19.Retirement plans, Individual Retirement Accounts () 20.Disability payments () 21.Litigation claims (matured and unmatured) () 22.MilitaryNA benefits () 23.Education benefits () 24.Debts due, including loans, mortgages held () 25.Household fiunishings and personalty (include as a total category and attach itemized lists if distribution of such assets is in dispute) O 26.Other - f MARITAL PROPERTY Plaintiff/Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number of Property Mmu-r.+ , i2?s?oErJcC' St S PgxNr ?T. Ymc. 14ow-F-ru , (ail- f -1370 '1.. (?i?l ? Fug ?X Pao +?ic?/J ?, 2Aa 5 *lf(JoAl Aces r y• ??95 1,`t POUTN M$o4 5. Nw4s, A-. k-oNT FENS(dQ C WTW6U-r(aAS S Names of All Owners 5c-oT r D huuT "<.-- I-LiT S&TT'D Au?JT t k)a21 £. A . HIS idT SC-m-g 'D, VJMT f A, F6r7- ?d(? tti, A; , &N-r. NON-MARITAL PROPERTY Plaintiff/Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion 199 5- ?U 4C-L G-" ` V RQwv&v& , b ZZA-PL s I PROPERTY TRANSFERRED Item Description Number of Property -7 • LftLi-r(( Ct-ti&tNK- efZfV,tC*W ?ANK- rnv- AMtR?@A (z C&Lv 13, MbMA- Date of Consideration Transfer 61 -30 --zA°5- Person to Whom Transferred "Tfl*tJM(MD 7. f loA-F, RVP nrM-00-5 ) 5c?i D?I-fr -3u - 2e5t?- r2AU.?p t ?? r? Uzi ?Va? r I a. LIABILITIES OF THE PARTIES Item Number 7. to. ll. 101. 1C3. Description of Property Gcf.w, c7 C&w CMo ? -r CM 0 &£DcZ C*2,0 eAkv?Y C*" "t7 64" Names of All Creditors 0?`Ci &W V- &-.,9V E, 0-4 r / t3 4?-- - e2- C? l7- GO'" ?Ct DoctJ Y- 0 AP-?AA C, Names of All Debtors sa-g `o tN ?a ,5?Z,T 0 1764z A? At Q _.s rn t -zeC? I ?M ?Y NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2005-2186 CIVIL ACTION IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT, SCOTT D. HUNT Defendant is filing this Pre-Trial Statement pursuant to Pa.R.C.P. 1920.33(b). 1. The following list represents the marital property of the parties, with values: Date of Marriage: Date of Separation: 1. ASSETS A. MARITAL ASSETS Description Names of of Propertv All Owners Value 5i-E A- T-1 (\C14 M?.N-( B. NON-MARITAL ASSETS Description Names of Reason for of Property All Owners Exclusion 11. EXPERT WITNESSES A. B. Defendant reserves the right to call additional expert witnesses with reasonable advance notice to Plaintiffs counsel. III. WITNESSES A. B. Defendant reserves the right to call additional expert witnesses with reasonable advance notice to Plaintiffs counsel. IV. EXHIBITS 1 - N pFrA15q I- of *,j 5c, V. INCOME OF DEFENDANT. VI. DEFENDANT'S EXPENSES ku w t i ovuw 1066, 6 1 Pj,r" u VII. RETIREMENT BENEFITS fbu VIII. COUNSEL FEES IX. PERSONAL PROPERTY X. DEBT Sit Aiifclo<-10 ' XI. PROPOSED RESOLUTION MWUZ MAN ot-?-S +k-Z2 i7?a Z L "W b LZ TNT -rK A-r WrL(l,- cz rs «r 1`787 fo p EhP?orr?n? 1, (?,V--r r tt .T- ttn cs4- • 1. Marital Residence 81 S. Front St. York Haven, PA, 17370 Date of acquisition Cost or Value at acquisition Value as of Date of Action Commenced Amount of Lien Nature of Any Lien Holder of Lien Effective Date of Lien 12/1999 $69,900 $100,000 $66,974 (PHH 9/26/2005) Refinanced Mortgage on 9/26/2005. $95,000 (CitiFinancial) Mortgage CitiFinancial Mortgage 10/2035 2. 1997 Ford Expedition Date of acquisition 11/2000 Value as of Date of acquisition $10,000 Value as of Date of Action Commenced $4920 Amount of any Lien $0.00 3. 2005 Hyundai Accent (Repossessed) Date of acquisition 11/2005 Value as of Date of acquisition Value as of Date Action Commenced Amount of any Lien Nature of Any Lien Holder of Lien $12,000 $6000 $10,798.64 (04/2005) Repossessed. Now owe $2133.29 Car Loan Chase Auto Finance. 4. Dodge Neon Date of acquisition Value as of Date of acquisition $1200 Value as of Date Action Commenced $0.00 Amount of Any Lien $0.00 5. Norie A. Hunt Pension Contributions 6. 1995 Suzuki GS500 Mortorcycle. LIABILITIES OF THE PARTIES 7. Citibank Credit Card ending in 9445 Debtors Scott D. Hunt Amount of Liability on Date Action Commenced $13,729.17 8. E*Trade Credit Card ending in 4969 Debtors Scott D. Hunt Amount of Liability on Date Action Commenced $6,957.03 9. Bank of America Credit Card ending in 1018 Debtors Scott D. Hunt Amount of Liability on Date Action Commenced $4,388.12 10. Citibank Credit Card ending in 1864 Debtors Norie A. Hunt Amount of Liability on Date Action Commenced $5304.00 11. Chase Credit Card ending in 7545 Debtors Norie A. Hunt Amount of Liability on Date Action Commenced $0.00 $7500 was transferred to this Credit Card from the Bank of America. Cards 12. Discover Credit Card ending in 7075 Debtors Scott D. Hunt and Norie A. Hunt Amount of Liability on Date Action Commenced $296.83 13. Bank of America Credit Card ending in 5492 Debtors Scott D. Hunt Amount of Liability on Date Action Commenced $4575.93 Absolute Real Estate Appraisals 307 Leader Heights Road York, PA 17402 September 9, 2005 Comfort Home Mortgage 100 Leader Heights Rd York, PA 17403 RE: Hunt, Scott D. 81 S Front St York Haven, PA 17370 File No. 81SFRONT Case No. Dear Comfort Home Mortgage: In accordance with your request, I have personally inspected and prepared an appraisal report of the real property located at: 81 S Front St, York Haven, PA 17370 The purpose of this appraisal is to estimate the market value of the property described in the body of this appraisal report. Enclosed, please find the appraisal report which describes certain data gathered during our investigation of the property. The methods of approach and reasoning in the valuation of the various physical and economic factors of the subject property are contained in this report. An inspection of the property and a study of pertinent factors, including valuation trends and an analysis of neighborhood data, led the appraiser to the conclusion that the market value, as of Sept. 7, 2005 is: $ 100,000 The opinion of value expressed in this report is contingent upon the limiting conditions attached to this report. It has been a pleasure to assist you. If I may be of further service to you in the future, please let me know. Respectfully submitted, Signature: Vincent R. Anderson State Certified Residential Real Estate Appraiser, RL-001249-L cu NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2186 CIVIL TERM SCOTT D. HUNT, Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on April 26, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce without notice. 4. 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. 5. 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1.:/0007 Scott D. Hunt e ' I 'f hR Fr.. i M? ? 44 NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2186 CIVIL TERM SCOTT D. HUNT, Defendant : IN DIVORCE 'r' "g o PLAINTIFF'S AFFIDAVIT OF CONSENT AND z„- C, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY 0a4'7- M DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE DE r\) 777. CD ' 1. A complaint in divorce under Section 3301(C) of the Divorce Cody waP, ile 4 on April 26 2005 , . 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 142/0-7 q. Norie A. Hunt NORIE A. HUNT, Plaintiff VS. SCOTT D. HUNT, Defendant NOTICE OF FILING OF MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with.the recommendations contained in the report. Date: 2/27/08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2186 CIVIL . IN DIVORCE E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the 0 0 NORIE A. HUNT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 05 - 2186 CIVIL SCOTT D. HUNT, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on December 20, 2007 commencing at 9:00 a.m. APPEARANCES: Michael A. Scherer Attorney for Plaintiff Scott D. Hunt (Pro Se) Defendant 0 PROCEDURAL HISTORY 11 A divorce complaint was filed on April 26, 2005, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. Both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. This case should have properly been filed in York County, Pennsylvania, but the parties submitted to the jurisdiction in Cumberland County, Pennsylvania, and a hearing was held on December 20, 2007. The Master noted the venue issue upon being appointed but ultimately decided to retain the case for judicial expediency. The Master was appointed April 16, 2007. Before the hearing, numerous conferences were held with counsel and the parties and no resolution was accomplished. However, after the hearing on December 20, 2007, a memorandum was placed on the record outlining a method of resolving the economic issues in this case. The memorandum was placed on the record in the presence of counsel for wife and both parties. In the memorandum, an outline using dollars was set forth and Mr. Hunt acknowledged that he understood how the numbers were derived. Part of the resolution was to have Mr. Hunt list the real estate for sale so that cash could be raised to pay wife her share of the equitable distribution and reimburse her for marital debt she assumed. Mr. Hunt has failed to cooperate with any efforts to resolve the economic issues and instead has written a letter to the Master, dated February 5, 2008, raising a claim that Cumberland County, Pennsylvania, is not a proper venue and that the request for payment to wife pursuant to the memorandum is not "fair". • 9 The Master, therefore, has no alternative but to file a report in this matter and make recommendations for the equitable distribution and allocation of debt to be finally resolved through a court order. The memorandum placed on the record immediately following the testimony is made part of this report as Exhibit "A". FINDINGS OF FACT The parties were married on May 24, 1997, and separated April 26, 2005. This is the first marriage for both parties. 2. The parties are the natural parents of four children, all of whom are minors and who reside with wife. (Wife and her male friend live together with a total of eight children, four of whom are the Defendant's and two being the children of her male friend, not to wife herein, and two children that her male friend and she have together.) 3. Wife is 32 years of age and resides at Bowers Bridge Road, Manchester, York County, Pennsylvania, with a male friend and total of eight children. 4. Wife has an Associates degree (one-year educational degree) and is employed as an interpreter for the hearing impaired. Her annual income is approximately gross $22,000.00 per year. She is an interpreter with the Lancaster/Lebanon Intermediate Unit. Husband is 38 years of age and resides at 81 South Front Street, York Haven, York County, Pennsylvania, in the marital residence. At settlement husband failed to include wife's name on the deed when the house was purchased in December 1999, having the property placed in his name only. However, wife is on the note and the mortgage and contributed funds for the purchase. 6. Husband has a Bachelor of Science degree in mathematics from the University of Maryland. He currently works as a technical support specialist with software for Ajilon Consulting and earns approximately $40,000.00 per year gross. 7. The marital assets of the parties and the values ascribed to those assets are as follows: Wife's retirement with PSERS $ 7,500.00 2 0 Household tangible personal property in possession of husband 1,000.00 1995 Dodge Neon in possession of husband 1,000.00 1997 Ford Expedition in possession of wife 1,500.00 1995 Suzuki GS500 motorcycle in possession of husband 1,500.00 Equity in marital home at 81 South Front Street, York Haven, York County, Pennsylvania, in possession of husband 33,000.00 TOTAL $ 45,500.00 8. Husband transferred debt to wife's credit cards, clearing his own debt obligations. However, the marital debt remaining to be paid is $20,406.00 to be allocated between the parties. Because of husband's manipulation of the marital debt, wife is obligated for a substantial amount of debt which she wants to be resolved as part of these proceedings. 9. No objection has been made by either party in these proceedings to the method and adequacy of service of any of the pleadings in the divorce action. With respect to jurisdiction, husband has objected to this case being heard in Cumberland County, but his objection came only after numerous conferences and a hearing and an attempt by memorandum to resolve the economic issues. Wife does not object to the case being heard in Cumberland County. CONCLUSION OF LAW The grounds for divorce are irretrievable breakdown of the marriage. Both parties signed affidavits of consent and waivers of notice of intention to request entry of divorce decree on December 20, 2007. The affidavits and waivers were filed with the Prothonotary's office on December 21, 2007. Therefore, the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. 0 i ANAYLSIS OF THE FACTORS AS SET FORTH IN SECTION 3502(a) OF THE DOMESTIC RELATIONS CODE The parties were married and living together in a marital relationship for approximately eight years. The parties have been separated approximately three years. 2. Neither party was previously married. 3. Wife is 32 years of age, in good health and her major source of income is her employment at the Lancaster/Lebanon Intermediate Unit where she is an interpreter for the hearing impaired. She has a one-year educational degree. Her income is approximately $22,000.00 per year gross. Husband is 38 years of age, in good health and his major source of income is his employment as a technical support specialist with Ajilon Consulting. Husband has a Bachelor of Science degree in mathematics from the University of Maryland. His income is approximately $40,000.00 a year gross. 4. Neither party has contributed to the education, training, or increased earning power of the other party. 5. The opportunity for wife for future acquisitions of capital assets and income is minimal because of her lack of an advanced educational degree and her ongoing responsibility in helping to raise eight children. Husband, on the other hand, does have an opportunity to increase his income and acquire assets through his employment. As noted, he has a college education and works in the computer field. 6. The sources of income of both parties including benefits are those which each party can earn through their employment. 7. Both parties have contributed to the acquisition of the marital estate; however, husband has had the benefit of living in the marital residence since the parties' separation. Husband has also freed himself substantially of debt by transferring marital obligations to his wife's credit cards. In addition to working, wife is a homemaker and was substantially involved in the raising of the parties four children while they were together. The value set aside to each party is the property which will be distributed as part of the equitable distribution. 4 • • 9. The standard living of the parties established during the marriage was modest. 10, 10(1), and 10(2). The economic circumstances of the parties is based on their income and their obligations arising out of the care of the children that each party has responsibility to provide support for. The Master has not taken into account specifically any tax ramifications; however, in grder to carry out the recommendations of the Master, the marital residence may have to be sold in order to allow wife her share of the equitable distribution and debt assistance. The cost of sale will be shared, if the house is sold, by both parties. If husband accomplishes equitable distribution without having to sell the house, then the costs of sale will not be considered. 11. Wife is currently serving as the custodian of the parties' dependent minor children as well as four other children. DISCUSSION EQUITABLE DISTRIBUTION Based on the memorandum placed on the record by counsel for wife and the parties on December 20, 2007, the facts found by the Master, and the analysis of the factors under Section 3502(a) of the Domestic Relations Code, the Master believes that the distribution of the assets of the parties should be 60% to wife and 40% to husband. The Master has identified the marital assets and values in his findings of fact No. 7. The value of the assets to be distributed is $45,500.00. Wife is entitled to $27,300.00 representing 60% of the assets and husband is entitled to $18,200.00 representing 40% of the assets. In addition to caring for eight children, four of whom are husband's, wife assists with her household's expenses by working as an interpreter. Husband, on the other hand, has created an environment to make wife's obligations and responsibilities more difficult. Three examples are the manipulation by husband of putting the marital home in his name only although obligating wife for the debt, and then subsequently transferring marital debt to her credit cards while clearing his own debt, and returning to wife the Ford Expedition days after a Court order required the return, parking it in the street with the key bent and locked inside. These three examples show husband's state of mind in trying to manipulate wife's economic situation to the betterment of his own and his defiance of court authority. The Court directed him to return the car but not in the manner and condition that he did, his conduct simply being mean and contemptible. The Master, however, wants to make it clear that the percentage of distribution to each party was not based on husband's conduct. The memorandum, findings of fact, and analysis of the factors, when reviewed together, are sufficient to make a recommendation of a 60/40 distribution. Because the record was specific about husband's manipulative actions, the Master could not ignore commenting on them since the relevancy of husband's actions may later add to the support of a claim for counsel fees by wife, especially if his manipulative conduct continues through the appeal process. Husband complains that he does not have the resources to effectuate the equitable distribution; however, he continues to reside in the marital home and enjoy the benefits of that residence of which wife has an interest while wife is saddled with the remaining marital debt transferred to her credit cards. Further, husband's complaint that this case should be in York County rather than Cumberland County 6 • • and his desire to have the case transferred, is simply another attempt in manipulating the legal system in order to gain more time before he has to finally acknowledge his obligations. The marital debt remaining, which includes debt that husband transferred to wife's credit cards is $20,406.00 and the allocation of that debt is 50% to each party or $10,203.00. The Master's recommendations follow herein. RECOMMENDATIONS EQUITABLE DISTRIBUTION MARITAL ASSETS AND VALUES ASSIGNED TO HUSBAND Household tangible personalty in possession of husband $ 1,000.00 1995 Dodge Neon 1,000.00 1995 Suzuki GS500 Motorcycle 1,500.00 Equity in marital home at 81 South Front Street, York Haven, York County, Pennsylvania, occupied and possessed by husband 33,000.00 TOTAL $ 36,500.00 MARITAL ASSETS AND VALUES ASSIGNED TO WIFE Wife's retirement with PSERS $ 7,500.00 1997 Ford Expedition 1,500.00 TOTAL $ 9,000.00 7 • • Based on a 60% distribution to wife and a 40% distribution to husband, wife is entitled to receive $27,300.00 and husband is entitled to receive $18,300.00. Wife's 60% distribution $ 27,300.00 Assets and values assigned to wife 9,000.00 Shortfall $ 18,300.00 Husband's 40% distribution $ 18,300.00 Assets and values assigned to husband 36,500.00 Overage $ 18,300.00 MARITAL DEBT ALLOCATION Total remaining marital debt, all of which has become wife's responsibility $ 20,406.001 50% allocation to each party is $10,203.00 Husband owes wife $18,300.00 plus $10,203.00 or a total of $28,503.002 Husband shall pay to wife the sum of $28,503.00 within thirty (30) days of a final order in these proceedings. The equity in the marital home is more than sufficient to pay to wife her share of the marital estate and reimburse her for debt she has assumed. If any titles or documents are necessary to be signed to effectuate the 1 See memorandum of December 20, 2007, Page 2. z The reason for the larger amount than stated in the memorandum, Page 2, is that the Master has adjusted values of assets differently than the parties were using. 8 • transfer of any assets provided herein, the parties will cooperate in signing documents necessary to transfer ownership. Should husband fail to comply with a final order to pay wife the money owed her, the Master recommends that wife be permitted to raise a claim for counsel fees and costs to assist her in collection of her share of equitable distribution and assumption of marital debt transferred by husband to her credit cards. For instance, if wife's entitlement is reduced to a judgment, foreclosure proceedings against the real estate will be expensive and time consuming. Respectfully submitted, {J E. Robert Elicker, II Divorce Master 9 c-', ?., ;11 ?``?'` ?'7`r ?? _. .. -.,,? - ` `% ?. ., ?~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOBIE A. HUNT, Plaintiff VS. No. 2005-2186 SCOTT D. HUNT-, Civil 20 05 Defendant It appearing that the Master's report in the above stated case has been filed for ten (10) days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of Court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof. TO: 9?;t 4 L At rney for Plaintiff Prothonotary DATED: Slum! I, 1.... 4' 877.5 (E, ,?,v??? , Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case, have all been paid, including the Master's fee. qr- Prot notary N CL. APR 2 9 2008 ?4 NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2186 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this day of i'haw , 2008, the Master's Report having been filed in this matter on February 27, 2008, and no exceptions having been filed thereto, the recommendations contained in the Master's report are adopted as an Order of Court. BY THE COURT, Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 zt Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 j `• t0 u ? A n NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Scott D. Hunt and in favor of Norie A. Hunt in the amount of $28,503.00 pursuant to the Cumberland County Divorce Master's Report which was adopted as an Order of Court by Order of the Honorable Kevin A. Hess of the Court of Common Pleas of Cumberland County on May 1, 2008. Respectfully submitted, O'BRIEN, BARIC & SCHERER ?4/too^ $•Z4 .0S Date: Michael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/hunt/entedudgment.pra A CERTIFICATE OF SERVICE I hereby certify that on August 20, 2008, i, Jennifer S. Lindsay, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Enter Judgment, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Scott D. Hunt 81 South Front Street York Haven, Pennsylvania 17370-8815 ra ._-t !?°^? ? "{µ 5 ..+? -a :.-. S? eyl ? i.: ? lit. ?? ?.rA ? ?? ? ? ? ? W ?? A 1p ?A \? NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2186 CIVIL TERM SCOTT D. HUNT, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on April 26, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require c;ounselina. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 00. 3D ?Vvg a Norie A. Hunt f?x1 t,? gin c NORIE A. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2186 CIVIL TERM SCOTT D. HUNT, CIVIL ACTION-LAW Defendant IN DIVORCE SERVICE OF DIVORCE COMPLAINT Personal service was made on the defendant when he appeared at the hearing for equitable distribution held in this matter on December 20, 2007. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michae A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff ?.a czz. ' ,- Cyl ZZ: t. r i '-1 NORIE A. HUNT, Plaintiff V. SCOTT D. HUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2186 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal service was effectuated when Defendant appeared at the hearing for equitable distribution in this matter before the Divorce Master, E. Robert Elicker, Esquire, on Thursday, December 20, 2007 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on August 30, 2008; and Defendant on December 20, 2007. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mich#I'Ar'SLfi6fer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 czz) -Ti CD co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NORIE A. HUMP Plaintiff VERSUS SCOTT D. HUNT. No. 2005-2186 Civil DECREE IN DIVORCE AND NOW, /9' , ZooB , IT IS ORDERED AND DECREED THAT NORIE A. HUNT , PLAINTIFF, AND SCOTT D. HUNT DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Master's Report by E. Robert Elicker, II, Divorce Master dated February 27, 2008 is incorporated but not merged herein as a final Order of Court. BY THE URT: ATTF.1 I _ I J. PROTHOIAO4ARY