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HomeMy WebLinkAbout05-6384JAMES T. HUTCHENS, Plaintiff VS. SUSAN E. HUTCHENS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - L _3 V/ CLl t / 0? CIVIL ACTION- AT LAW- IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take 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 in the Office of the Prothonotary at the Cumberland County Courthouse, CarPisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE., GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 JAMES T. HUTCHENS, Plaintiff vs. SUSAN E. HUTCHENS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-5 - Io 5i Eq (.((v ( 7? CIVIL ACTION-AT LAW- IN DIVORCE DIVORCE COMPLAINT WITH CUSTODY CLAIM The Plaintiff, James T. Hutchins, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: COUNT I-NO FAULT DIVORCE--§§ 3301(c) or 3301(d) The Plaintiff. James T. Hutchens, is an adult individual currently residing at 5 Marshall Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Susan E. Hutchens, is an adult individual currently residing at 5 Marshall Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. 4. The parties were married on December 27, 1985, in Winchester, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a decree of Divorce in this matter. COUNT II-EQUITABLE DISTRIBUTION--§ 3502(a) 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute, or assign the marital property between the parties in such proportion as the court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to §3502(a) of the Divorce Code. COUNT III-CUSTODYNISITATION -- §5303 11. Paragraphs one (1) through (10) are incorporated herein by reference. 12. There are three dependent children to this marriage or by formal adoption as follows: Timothy James Hutchens, born 09/12/88, age 17; Robert N. Hutchens, born 01/06/91, age 14; Mary Lou Hutchens, born 12/06/96, age 9. The children were not born out of wedlock. 13. The Plaintiff seeks primary physical custody, partial physical custody or visitation of all children born of this marriage a set forth in Paragraph Twelve. 14. The minor children are presently in the custody of the Plaintiff and Defendant, who both reside at the address referenced above in Paragraphs One and Two. 15. During the past five years, the children have resided at the following address with the following persons: Dates: Addresses: List All Persons: April 1993-present Camp Hill, PA Father, James Hutchens (marital residence) Mother, Susan Hutchens 16. The Father of the children is the Plaintiff, currently residing at the above referenced address, Paragraph One. He is married to the Defendant. 17. The Mother of the children is the Defendant, currently residing at the above referenced address, Paragraph Two. She is married to the Plaintiff. 18. The relationship of the Plaintiff to the children is that of the presumptive father. He currently resides with the following persons: subject children and Susan E. Hutchens, Defendant. 19. The relationship of the Defendant to the children is that of natural mother. She currently resides with the following persons: subject children and James T. Hutchens, Plaintiff. 20. The Plaintiff has not participated as a parlay or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 21. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 22. The Plaintiff does not know of a person riot a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 23. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the child. C. Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. No other persons are known to have or claim any right to custody or visitation, and therefore no notice will be given of the pendency if this action and the right to intervene, save as to the Defendant. WHEREFORE, the Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of physical custody and/or visitation. Date: Respectfully submitted, C Jif ' , Shana M. Pugh, Es ire Law Offices of Pat k F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. SUSAN E. HUTCHENS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant 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 Pa. C.S. § 4944, relating to unswom falsification to authorities. Date: Signature; James V tchens t" I r tf\\'?% C A>:. ? .? L' ?? r ? V?d ? ?) V C?, 1 _^-?( ?? `? f f ?l JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA Va. NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, CIVIL ACTION - LAW DEFENDANT ACTION FOR DIVORCE/CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, James T. Hutchens. Respectfully submitted, '9?a M?l AR Dated: June 1, 2006 Shana M. Pugh, Esqu e Counsel for Plaintiff PA I.D. # 200952 2108 Market Street, Aztec Building Camp Hill, PA 17011 (717) 763-1800 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, James T. Hutchens. Respectfully submitted, Law Firm of Susan Kay Candiello, P.C. Dated: JuneQZQ, 2006 Susan Kay Caifditllb, Esquire PA I.D. # 64? 4010 Glenfinnan Placre Mechanicsburg, PA 17055 (717) 724-2278 Pd '? l? _ -4 T ? .. _< T h} -. C. i -'rr _. `,,i • c JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, : CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE PETITION FOR EMERGENCY RELIEF Plaintiff, Husband, files this Petition for Emergency Relief, and in support thereof, avers as follows: 1. Plaintiff is the Husband in the above-captioned divorce action. 2. Defendant is the Wife in the above-captioned divorce action. 3. Husband filed a Complaint in Divorce on December 12, 2005. 4. The parties have four (4) children born during their marriage. A daughter is not a minor and is not a party to this action. The remaining three (3) children are: TIMOTHY JAMES HUTCHENS, born on September 12,1988; ROBERT N. HUTCHENS, born on January 6, 1991 and MARY LOU HUTCHENS, born on December 6, 1996. 5. Plaintiff knew the parties' eldest child was not his biological child since his wife was pregnant when they were married. 6. Plaintiff had unanswered questions surrounding the births of his other children; as a result Plaintiff had DNA tests done on the three (3) minor children in his family. 7. To Plaintiffs horror he learned two (2) of the three (3) children he thought were his biological children were not his biological children. 4 8. Plaintiff learned one of his military friends, Mr. Snowman was the father of Robert N. Hutchens and his brother, David Hutchens was the father of Mary Lou Hutchens. 9. Plaintiff filed for a divorce December 12, 2005. 10. Plaintiff has and continues to suffer extreme psychological and emotional distress upon learning this information concerning these children. 11. Plaintiff through counsel had made several offers to negotiate a marital property settlement agreement and resolve these issues to enable the parties to finalize this divorce and move forward with their lives. 12. Defendant's counsel has not responded to any of Plaintiffs proposals. 13. As a result of the amount of his income needed to fully support the Defendant and the children, Plaintiff has no alternative but to continue to reside in the marital reside. 14. Defendant is employed part-time with K-Mart and could be employed full-time. 15. Plaintiff is employed full-time with the Norfolk Southern Railroad. 16. Defendant refuses to take any housekeeping responsibility for the marital residence. 17. Defendant continuously communicates negative statements to the Plaintiff and the children about the Plaintiff and creating an atmosphere of hatred for the Plaintiff in the marital residence. 18. Plaintiff does not want to do anything to psychologically harm any of the children and does not believe the present acidic environment is healthy for the children. 19. Defendant's parents have always fully supported the Defendant financially and continue to do so. .444 21. Defendant initially stated to Plaintiff, she did not want the marital residence, nor did she intend to live there, she intended to move to her parents residence, which is a large residence where Defendant and the children who wish to accompany the Defendant may comfortably reside and which is close to the children's schools. 22. Defendant recently changed her position and now states she wants the keep the marital residence. 23. Defendant does not have the financial ability to refinance and maintain the marital residence. 24. Plaintiff has the financial ability to refinance and maintain the marital residence. 25. Plaintiff does not have the financial ability to support the Defendant in the marital residence and obtain a different residence for himself. 26. Plaintiff is suffering devastating psychological and physical trauma as a direct result of his continuing to reside in the residence with the Defendant. The effects of this continued living arrangement threatens to interfere with the Plaintiff's ability to continue to be employed which would have a direct effect upon the entire families' well being. 27. The children of this family are suffering physical and psychological damage from living in an environment where their parents are at war. 28. This family needs the assistance of this honourable court to be able to live in separate residences to put an end to the ongoing physical and psychological trauma to everyone. WHEREFORE, Plaintiff, JAMES T. HUTCHENS, respectfully requests that this Honorable Court grant him the right to reside in the martial residence, which would enable the adults and children in this family to move out of this poisonous environment. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: November , 2006 Susan Kay Cr Vi Counsel for PA I.D. # 64010 GlenfMechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsificapon t% authorities. DATED: / O 7rL AMES THOMAS L-'? ? ? f , ? ? "S't ? ? _ ? _? ?? r _- ? .. ?4 ; ? Y'til ? .? JAMES T. HUTCHENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-6384 CIVIL SUSAN E. HUTCHENS, Defendant IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this day of November, 2006, a rule is issued on the defendant to show cause why the relief requested in the within petition ought not to be granted. This rule returnable twenty (20) days after service. In the event that an answer is filed, same must include a proposed order for hearing. -v CF ??e-a ?S BY THE COURT, O?A S li :01 HIV 6- AON 9001 CIUCL CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I personally served a true and correct copy of the foregoing Petition for Emergency Relief with Rule to Show Cause, on November 13, 2006, to the following: Awry A. Etter Dissinger, Esquire 28 North Thirty-Second Street Camp Hill PA 17011 Dated: November 15, 2005 Respectfully submitted, ,Susan Kay C 'e o, Es?gt Counsel for ainti PA I.D. # 64 8 4010 Gle lace Mechanicsburg, PA 17055 (717) 724-2278 t'-. ? AT rQ .. C;-, Names T. Hutchens, I Plaintiff, VS. E. Hutchens, Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-6384 RESPONSE TO PETITION FOR EMERGENCY RELIEF And now comes Susan E. Hutchens, Defendant and files this sponse to Petition for Emergency Relief and avers as follows: Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. ?. Denied. It is denied that two (2) of the three (3) children are not Plaintiff's biological children. By way of further answer, Defendant avers that Plaintiff has alleged that they are not his children by virtue of a DNA swab test done by him behind Defendant's back, but Defendant does not recall the results of the DNA test that he showed her and she is unable to determine whether or not the children are or are not his. Denied. Defendant is without sufficient information to aver or deny the same and therefore same are denied and proof thereof are demanded at time of hearing. Admitted. 0. Denied. It is denied that Plaintiff suffers any psychological or emotional distress. 1. Admitted. L2. Denied. It is denied that Defendant's counsel has not responded to Plaintiff's proposal. By way of further answer it is averred that Defendant's counsel corresponded with Plaintiff's counsel on September 19, 2006, requesting additional information in order to formulate a response to Plaintiff's proposal, which on its face appeared unreasonable. By way of further answer, it is averred that in correspondence from Defendant's counsel to Plaintiff's counsel, the Plaintiff is requested to provide copies of his veteran's benefits statements which would show the allotment that he receives of each child born of the marriage, copies of his separate financial accounts that he has maintained throughout the marriage, as well as additional information. By way of further answer, it is averred that no veteran's statements have been provided, nor have any account balances held in Plaintiff's own name been provided to date. 3. Denied. Defendant is without sufficient information to know whether or not Plaintiff's income is such that he cannot leave the marital residence and continue to support the family in part. By way of further answer it is averred that he grosses $51,046.00 per year in his employment at Norfolk Southern, and he receives a veteran's benefit of no less than $632.00 monthly. _4. Denied. It is denied that Defendant is employed part-time at K-mart. By way of further answer it is averred that she works at least forty (40) hours per week, and she takes every opportunity to take overtime if the children are not ill. L5. Admitted. L6. Denied. It is denied that Defendant refuses to undertake housekeeping in the marital residence. By way of further answer it is averred that she exclusively does the dishes,. she cleans the house, she does her laundry and the children's laundry, and that she cooks most of the time. L7. Denied. It is denied that Defendant continually communicates negative statements to Plaintiff. It is denied that Defendant continually communicates negative statements to the children about Plaintiff. By way of further answer it is averred that Defendant corrects the children when they say negative things about their father. It is denied that there is any atmosphere of hatred in the marital residence. L8. Denied. It is denied that there is an acidic environment in the home. It is denied that Plaintiff does not want to do anything to psychologically harm the children. By way of further answer, it is averred that he has alleged that they are not his children, and as such that will cause them serious psychological harm. L9. Denied. It is denied that Defendant's parents have fully supported Defendant financially and continue to do so. ?0. There is no number 20 on Plaintiff's Petition for Emergency Relief. ?1. Denied. It is denied that Defendant told Plaintiff that she did not want the marital residence. It is denied that she did not intend to live there. It is denied that she intended to move into her parents residence. 2. Denied. It is denied that Defendant recently changed her position and wants to now keep the marital residence. 3. Denied. It is denied Defendant is without financial ability to refinance or maintain the marital residence. 4. Admitted. 5. Denied. Defendant is without sufficient knowledge to affirm or deny the statements contained in this paragraph and therefore same are denied and proof demanded at time of hearing. 6. Denied. It is denied that Plaintiff has ever suffered any devastating psychological or physical trauma as a result of residing with Defendant. Defendant is without sufficient knowledge as to form an opinion as to the truthfulness of the averments as to the employment and therefore same are denied and proof demanded at time of hearing. By way of further answer it is averred that to Defendant's knowledge, Plaintiff is not on any medication, which one would expect if he is suffering devastating psychological or physical trauma. !7. Denied. It is denied that the children are suffering physically or psychologically from living in the marital residence. ?8. Denied. It is denied that the family needs assistance from this Court to live separate and apart. It is denied that there is ongoing physical and psychological trauma. NEW MATTER And now comes Defendant, Susan E. Hutchens and raises the following new matter. 29. Plaintiff comes to Court with unclean hands. 30. Plaintiff has refused to provide information to Defendant that would facilitate formulating a response to his proposal for equitable distribution. U. The appropriate forum for the equitable distribution is before the Divorce Master and not in front of this Court on a Petition for Emergency Relief. 32. There are no averments contained in the Petition for Emergency Relief to substantiate the broad brush stroke of the Plaintiff suffering psychological and physical trauma. 33. Plaintiff, in his Complaint in Divorce avers that he was the presumptive father and that he wanted primary physical custody of the children. 4. Plaintiff indicated that he had no information not a party to the proceedings who had any claims to custody or visitation rights with regard the children. 5. Defendant denies that she and the children are able to move into Defendant's parents' home for the following reasons: a. Three of the parties children are actively treated for asthma by their family doctor; b. Maternal grandparent's home is heated by a forced hot- air supported by a coal furnace which emits dust through the ventilation system in the home. Long term exposure is not conducive to an asthmatic's continued health. C. Maternal grandparents have cats in their home. Long term exposure is not conducive to an asthmatic's continued health. d. Maternal grandfather is very ill with diabetes and heart conditions. e. Maternal grandfather currently takes a minimum of twelve (12) medications per day. f. The added stress of Defendant and her children residing in the maternal parent's home would only prove to add more medical distress to maternal grandfather. 36. Defendant has incurred the expense of responding to this Petition for Emergency Relief. 37. Defendant is without sufficient funds to pay legal counsel. 8. Defendant estimates that her cost to Defendant's Petition for Emergency Relief will be in the neighborhood of $1500.00. 9. At time of hearing, Defendant will have an accurate statement of services rendered to the time of hearing. WHEREFORE Defendant requests Plaintiff's Petition for Emergency Relief be dismissed and Defendant be awarded all her :ounsel fees. Respectfully Submitted, Mary A. Etter Dissinger Attorney for Defendant Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 VERIFICATION I, Susan E. Hutchens, 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. §4904 relating to unsworn falsification to authorities. te:?jl Z?Q. E. k Susan E. Hutchens ames T. Hutchens, Plaintiff, Vs. san E. Hutchens, Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-6384 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below foregoing document upon Susan Candiello, Esquire, the attorney for Plaintiff, by First Class United States mail addressed as follows: Susan K. Candiello, Esquire 4010 Glennfinnan Place Mechanicsburg, PA 17055 to Mary A. Etter Dissinger, Esq. ?, ?? • t._+, ?^.. #? l?f `i7 ?_? t"'t =? _._. ?-; _ i? ?? James T. Hutchens, IN THE COURT OF COMMON PLEAS Plaintiff, OF PENNSYLVANIA VS. CUMBERLAND COUNTY Susan E. Hutchens, CIVIL ACTION - LAW Defendant NO. 05-6384 N O T I C E T O D E F E N D 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 ?gainst you for any other claim or relief requested in these apers by the Plaintiff. You may lose money or property or other ights important to you, including custody or visitation of your ildren. When the ground for the divorce is indignities or rretrievable breakdown of the marriage, you may request marriage ounseling. A list of marriage counselors is available in the ffice of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, R'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS RANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO TOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE DFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 James T. Hutchens, Plaintiff, vs. (Susan E. Hutchens, Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-6384 And now comes Susan E. Hutchens, Defendant and files this Answer to Divorce Complaint with Custody Claim and avers as follows: COUNT I - NO FAULT DIVORCE -953301( c) OR 3301(d) Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Denied. Defendant is without sufficient knowledge to know whether or not the statements contained herein are true and therefore same are denied and proof demanded at time of hearing. 8. Admitted. Wherefore the Defendant requests the Court to Enter a decree in Divorce in this matter. COUNT II -EQUITABLE DISTRIBUTION- 53502(x) 9. No response required. 110. Admitted. Wherefore Defendant respectfully requests the court to itably distribute the assets and liabilities of the parties COUNT III - CUSTODY/VISITATION- §5303 V1. No response required. U. Admitted. 1L3. Admitted. 14. Admitted. 15. Admitted. 116. Admitted. 117. Admitted. 118. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. 3. Denied. It is denied that Plaintiff can provide the children with adequate moral, emotional and physical surroundings. It is denied that Plaintiff can continue custody of the children. It is denied that Plaintiff even exercises parental duties with regard to the children. 24. Admitted. Wherefore Defendant respectfully requests this Court to esolve custody. COUNTERCLAIM COUNT Iv Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code And now comes Susan E. Hutchens, by and through her attorney avers as follows: 5. The prior paragraphs of the Answer to the Complaint are ncorporated herein by reference thereto. 26. Defendant/Counter-Plaintiff is unable to sustain herself during the course of litigation. 27. Defendant/Counter-Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 8. Plaintiff/Counter-Defendant has the means and ability to pay limony Pendente Lite and Alimony to Defendant/Counter-Plaintiff. WHEREFORE, Defendant/Counter-Plaintiff requests the Court to ter an award of alimony pendente li to until final hearing and ereupon to enter an Order'of alimony in her favor. COUNT V Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code ?9. The prior paragraphs of this Complaint are incorporated herein Dy reference thereto. 0. Defendant/Counter-Plaintiff has employed Mary A. Etter issinger, of the law firm of Dissinger and Dissinger to represent r in this matrimonial cause. 1. Defendant/Counter-Plaintiff is unable to pay the necessary ounsel fees, costs, and expenses and Defendant is more than able o pay them. WHEREFORE, reserving the right to apply to the Court for emporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Submitted, Mary A. Etter Dissinger Attorney for Defendant Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Susan E. Hutchens, 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. §4904 relating to unsworn falsification to authorities. to : j "c 06 Susan E. Hutchens James T. Hutchens, Plaintiff, Vs. Susan E. Hutchens, Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-6384 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date et forth below foregoing document upon Susan Candiello, Esquire, he attorney for Plaintiff, by First Class United States mail ddressed as follows: Susan K. Candiello, Esquire 4010 Glennfinnan Place Mechanicsburg, PA 17055 t e : Mary A. Etter Dissinger, Esq. o?? w V !1 ?? ?` f ?^ \,r1V1V V , }- -.7 . ir. ` .:: i _ ?. ?? ^? {. , ?:? ? ? i ?`., r JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, CIVIL ACTION - LAW DEFENDANT ACTION FOR DIVORCE ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, James T. Hutchens, by his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to the Defendant, Susan E. Hutchens, New Matter, and in support thereof asserts as follows: 29. Denied. The Plaintiff has committed no wrong in this marriage, nor has he knowingly made any incorrect statements to this court. 30. Denied. The Plaintiff has provided the Defendant with all information requested which he has access to at this time. Further, the Plaintiff has indicated in correspondence to the Defendant that additional information will be forthcoming when the Plaintiff is in receipt of this information. 31. Denied. The Plaintiff is not seeking equitable distribution of the marital estate in the present action. By way of fiirther explanation plaintiff would willingly engage in settlement discussions and in fact has requested such a meeting with the Defendant. Plaintiff is only seeking to be able to reside in the residence apart from the Defendant, as a result of the great psychological pressures and damage knowledge of the Defendant's past actions and her present actions constantly create in the Plaintiff. 32. Denied. The Plaintiff is a responsible man. Despite the fact he has difficulties in everyday life, working with the psychological pressures and physical problems he is experiencing, he continues to perform his every day responsibilities to take care of his family. By way of further explanation, Plaintiff has been on the waiting list for counselling at Holy Spirit Hospital and finally has an appointment on December 14, 2006, which both of his sons will be attending with him. 33. Admitted. Despite the fact the Plaintiff is not the biological father of two (2) of his minor children, Plaintiff is their "father" still loves them and still desires to fulfil the role of father for them. 34. Admitted. Plaintiff in his divorce complaint followed the direction and legal advice of his attorney at that time. 35. (a) Admitted in part and Denied in part. The children have been diagnosed with mild asthma, but not to the level of disease process the Defendant would suggest. (b) Admitted in part and Denied in part. It is admitted that "long term" exposure to such environment may exacerbate severe forms of asthma. It is denied that short term exposure will have any significant effect upon the children's asthma. By way of further explanation, the children already visit in their maternal grandparents home for significant periods of time without any ill effects from the heating element and Plaintiff seeks to have his biological son and his non-biological son, Robert, remain in his physical custody or at a minimum retain joint physical custody and the daughter, Mary Lou, will continue to with her biological father, David Hutchens part-time, which would further limit any exposure of the children to this heating element. (c) Admitted in part and Denied in part. It is admitted that "long term" exposure to cats may exacerbate severe forms of asthma. The children currently visit in their maternal grandparent's home with great regularity and suffer no ill effects from the cats. By way of further explanation, it is denied that temporary short term exposure will have any significant effect upon the children's asthma. As previously stated in paragraph 35(c), Plaintiff seeks to have his biological son and his non-biological son, Robert, remain in his physical custody or at a minimum have joint physical custody and the daughter, Mary Lou, will be with her biological father, David Hutchens part-time, which would further limit any exposure to these cats. (d) Admitted in part and Denied in part. It is admitted the maternal grandfather has diabetes and a heart condition. It is denied he is yM ill. By way of further explanation, the maternal grandfather leads a very active life and is active with his grandchildren who visit with him with great regularity. (e) Denied. Plaintiff is without sufficient information to aver or deny the same and therefore the same are denied and proof thereof is demanded at the time of the hearing. (f) Denied. Plaintiff is without sufficient information to aver or deny the same and therefore the same are denied and proof thereof is demanded at the time of the hearing. WHEREFORE, Plaintiff, JAMES T. HUTCHENS, respectfully requests that this Honorable Court order a hearing to determine whether it is in the best interest of this family to continue to reside in the same residence. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: December 2006 ie , Esquirer Susan Kay, a counsel r inti PA I.D. # 998 4010 Gle lace Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsificatiop to authorities. DATED: Cl ?7 ?Jr7 'El A l? DEC 0 5 2006? yr-J JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, CIVIL ACTION - LAW DEFENDANT ACTION FOR DIVORCE ORDER AND NOW, this b4 day of Luwaz,?J, 2006, upon consideration of the Plaintiffs Petition for Emergency Relief and Answers received from the Defendant and the Plaintiff, it is hereby directed that the parties and their respective counsel appear in Courtroom # J( _ on the /& 4day of T ALL 30 20ata o'clock 4.m., for a hearing to be held on this matter. RV 7 CL= rni TD -r. d ",t( '- d 9S .01 WV L- 330 9001 ddVIC,I' ulA? IlH JAMES T. HUTCHENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SUSAN E. HUTCHENS, Defendant 05-6384 CIVIL TERM IN RE: MOTION TO DISMISS ORDER OF COURT AND NOW, this 16th day of January, 2007, the motion to dismiss the special relief petition, IS GRANTED. By the ?o rt Edgar B. Bayley, J. usan K. Candiello, Esquire F/ary or Plaintiff A. Etter Dissinger, Esqui For Defendant prs A ?• 7: _',.?? ?, C ?' ?{` r--? ?;.. ? ` ,... X. ? __ r-- ? ? ? C.a <<.: f ,. r... i V JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, : CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of 5111- the Divorce Code, in the above matter. `- Respectfully submitted, h__ - ':Z?s _1 A Dated: SUSAN E. HUTCHENS i)efenda w '77 v ?' f ?4i ?J F7'1 to '^G d JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, : CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 15, 2005. The Defendant was served a true and correct copy of the divorce complaint on December J _L 2005. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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. .3,S0-0 , DATE /? AMES T. o a .. CIO ,fr ? ? N JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, : CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may tow rim wing may, division property, Iawyer'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 WNWOM Iaisifi€atiogt to RUOHni#ies. 2.30_ ° 7 r?_ DATE /1") AMES T. N t 0 -n 4r? D JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, : CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 15, 2005. The Defendant was served a true and correct copy of the divorce complaint on December _I_L 2005. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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. 3-, mtll 0 DATE SUSAN E. HUTCHENS N ? (::) -n C7 :?. N JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, : CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 w0ershwd I may lose rights concerning wry, 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to falsification to authorities. E I A P ? D A A DATE SUSAN E. H1 J r., n O 4 o os-wy MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this W day of , 2007, by and between JAMES T. HUTCHENS and SUSAN E. HUTCHENS. RECITALS Wife's Birthday and Social Security Number: July 26, 1966 Husband's Birthday and Social Security Number: June 13, 1962 Date of Marriage: December 27, 1985 Place of Marriage: Winchester, Virginia 199-62-0878 587-27-4222 Last Marital Residence: #5 Marshall Drive, Camp Hill, Pennsylvania 17011 Date of Separation: December 18, 2005 Children: Four (4) Children: Carrie Elizabeth Hutchens, born June 18, 1986, Timothy James Hutchens, born on September 12, 1989, Robert Nathanial Hutchens, born on January 6, 1991 and Mary Lou Catlin Hutchens, born on December R , 1996. Pending Court Proceedings: None Divorce Court of Common Pleas No. 05-6384 Civil Term of Cumberland County, Pennsylvania 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 hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value The parties jointly own real property and a marital residence located at #5 Marshall Drive, Camp Hill, PA, 17011. Wife has requested to keep the marital residence and Husband has agreed. Wife shall take such actions as are necessary to cause the Husband's name to be removed from the mortgage on the marital property no later than ninety (90) days from the date of the execution of this Agreement. Husband agrees to sign a deed transferring his right, title and interest in the marital residence to Wife and to sign all documents necessary to remove his name from the mortgage. This will enable Wife to refinance the mortgage on the marital residence. Wife shall be responsible for filing the new deed to the marital residence. The marital residence shall thereafter be the sole and exclusive property of the Wife. Wife shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. 3. MOTOR VEHICLES A. Wife shall keep the 1995 Chevrolet Van, now titled in Wife's name. There is no loan on this vehicle. Wife agrees to be solely responsible for all insurance and expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Wife. B. Husband shall keep the 2002 Dodge Ram, titled in Husband's name. There is a loan for Husband's vehicle in Husband's name. Husband agrees to be solely responsible for the loan, insurance and all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Husband. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 4. BANK ACCOUNTS The parties had joint checking and savings accounts with PA Central Federal Credit Union. The parties hereby agree all of the funds contained in their joint checking and savings accounts have been used to pay off all marital debt. These accounts have been closed. Husband and Wife have opened separate and individual checking and savings accounts. Husband and Wife hereby agree to specifically release and waive any and all interest, claim or right they may have in each other's checking and savings accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 5. RETIREMENT INTEREST Husband has a 401(k) with Van Guard. Husband agrees to use the funds in his Van Guard account for the educational needs of Timothy and Robert. Any monies which are not needed by Timothy or Robert for their educational needs shall remain the monies of Husband. Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's 401k with Van Guard. Husband has a retirement with Norfolk Southern RR. Wife's counsel shall prepare a QDRO equally dividing the marital portion of Husband's retirement with Norfolk Southern RR using the separation date of June 19, 2006. Wife has a 401(k) with Sears/K Mart. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's 401(k) with Sears/K mart. 6. ROBERT'S ACCOUNT Wife agrees not to seek child support for Robert and Mary Lou. Husband agrees to put the sum of Three Hundred Dollars and No Cents ($300.00) each month, beginning July 1, 2007 through June 1, 2010, (or such time as the parties agree), into a Sovereign Bank account in Robert's name with Husband and Wife as equal beneficiaries of this account. Robert shall have access to this account to use for his personal needs. 7. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Mortgage on the marital residence. Wife shall refinance the mortgage on the marital residence removing Husband's name from the mortgage; 2) Husband has a loan on his 2002 Dodge Ram in his name alone. Husband agrees to be solely responsible for this loan; 3) Husband has a MasterCard in Husband's name alone. Husband has agreed to accept full responsibility for this credit account; 4) Wife has a Sears credit card in Wife's name alone. Wife has agreed to accept full responsibility for this credit account. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. LIFE INSURANCE Husband has a life insurance policy with his employer, Norfolk Southern RR. Husband agrees to make Timothy and Robert as part beneficiaries of this life insurance policy. 9. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 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 acquired by him or her after execution of this Agreement, with full power in him or her to 10 dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. RELEASE OF SUPPORT AND ALIMONY / ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 12. INCOME TAX RETURNS Husband and Wife have filed separate income tax returns in 2006. Wife will receive a refund as a result of her taking the children as tax exemptions. Husband will have to make a payment on his income tax return. Wife agrees to pay the full amount Husband owes on his income tax return from the proceeds of her income tax refund. Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 13. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. 11 Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. (F ? ILL SUSAN E. HUTCHENS WIFE ' 'JAMES T. TCHENS HUSBAND COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: On this, the J day of V4&, 2007, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when SUSAN E. HUTCHENS and JAMES T. HUTCHENS, whose names are subscribed to the within Marital Property Settlement Agreement, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. NdvaNt ?t tMCIA A CWMM NAA9OY M CCW NNAIO CNrj ^^`? CWNr" n lq*n .Aw l1. ale r /000 joMtary Pub lic mmission Expires: 12 WITNESS -- 3Q ? .MI1M1tdt 1w 04, &A YKOW P ? ?MN?AU7 !IW1 fy0??+ .` JAMES T. HUTCHENS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-6384 CIVIL TERM SUSAN E. HUTCHENS, : CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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 Complaint: The Defendant, Susan E. Hutchens, received a true and correct copy of the Divorce Complaint on December 17, 2005. Defendant, Susan E. Hutchens signed the Acceptance of Service on April 0, 2007. Said Acceptance of Service is attached hereto and made a part hereof. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: March 30" , 2007 Defendant: March 30'h, 2007 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. 1 certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree w Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on March 30'' , 2007 by the Plaintiff and on March 30", 2007 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: April 2007 Susan Kay Can ' 1 , Esquire Counsel for PI intf PA I.D. # 6499 4010 Gle ace Mechanicsburg PA 17055 (717) 724-2278 rn tti7 { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES T. HUTCHENS PLAINTIFF VERSUS SUSAN E. HUTCHENS DEFENDANT No. 05-6384 DECREE IN DIVORCE AND NOW, t?2- ft Y 2007 , IT IS ORDERED AND JAMES T. HUTCHENS DECREED THAT PLAINTIFF, SUSAN E. HUTCHENS AND 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; NONE. PROTHONOTARY ?? J1 ?' James T. Hutchens, Plaintiff, VS. Susan E. Hutchens, Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-6384 MOTION TO ENTER QUALIFIED DOMESTIC RELATIONS ORDER And now comes Mary A. Etter Dissinger, attorney for Susan E. Hutchens, and requests the Court to enter the attached Qualified Domestic Relations Order as an Order of Court, and in support of the Motion avers as follows: 1. The parties are James T. Hutchens, Plaintiff, and Susan E. Hutchens, Defendants. 2. Plaintiff is represented by Susan K. Candiello, Esquire. 3. Defendant is represented by Mary A. Etter Dissinger, Esquire. 4. Counsels and their respective clients have signed the attached Domestic Relations Order with the intent that it becomes a Domestic Relations Order of this Court. 5. The parties Marriage Separation Agreement dated March 30, 2007, was incorporated, but not merged into the Divorce Decree signed by this honorable Court on May 8, 2007. 6. The Agreement calls for the entry of a Qualified Domestic Relations order. 7. The parties have reached an agreement as to the terms of the Qualified Domestic Relations order included in the copy of the Order to be entered is attached hereto as Exhibit "A". It is respectfully requested that the attached Domestic Relations Order be and become an Order of Court. Respectfully Submitted: Dissinger & Dissinger M ry A. Etter bissinger Attorney for Defendants Supreme Court ID # 27736 28 North 32nd Street Camp Hill, PA 17011 (717)975-2840 VERIFICATION I, Mary A. Etter Dissinger, verify that the answers provided in th foregoing Interrogatories are true and correct to the best of m knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Mary A. Etter Dissinger VI N tiro C 1:6 WV ZZ 130 LODZ Jlti i0NjH (j"d 3HI 3Q James T. Hutchens Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Susan E. Hutchens NO. 05-6384 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate... Payee's right to receive a portion of the benefits payable with- respect to the Participant. t, 2. This DRO relates to the provision of marital property rights to the Alternate Payee. 3. This DRO applies to the Railroad ]Retirement Act ("Plan") and any successor thereto. James T. Hutchens ('Participant") is a Participant in the Plan. Susan E. Hutchens ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: James T. Hutchens 1505 Emming Lane Rossville, GA 30741 Social Security No.: 587-27-4222 Date of Birth: June 13, 1962 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Susan E. Hutchens 5 Marshall Drive Camp Hill, PA 17011 Social Security No.: 199-62=0878 Date of Birth: July 22, 1966 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. EXHIBIT DRO Page 2 6. The Alternate Payee is awarded an interest in the Participant's Railroad Retirement Benefits payable under the Railroad Retirement Act. The Alternate Payee is entitled to direct payments of the amount specified in Paragraph 7 below from the Railroad Retirement Board and which will be payable from the divisible portion of the Participant's benefits. 7. The Alternate Payee is awarded, and'the Railroad Retirement Board is directed to pay, an interest in the portion of Participant's benefits-under the Railroad Retirement Act (45 U.S.C. §§231- 231v) which may be divided as provided by Section 14 of that Act (45 U.S.C. §231m). Alternate Payee's share shall be computed as an amount equal to 509o of the marital portion of the Participant's di I-isible Railroad`Retirement benefits determined as of the Participant's date of retirement- For purposes of calculating the marital portion of the Participant's Railroad Retirement benefits, the Railroad Retirement Board shall multiply the Participant's monthly divisible Railroad Retirement benefit by a fraction, the numerator of which is the number of years and months of Participant's service earned under the Plan from December 27, 1985, to June 19, 2006, and the denominator of which is the Participant's total number of years and months of service earned under the Plan as of his date of retirement. Except for the amount awarded to the Alternate Payee above, the Participant shall maintain as his sole and separate property all other pension benefits that the Participant may be eligible to receive from the Railroad Retirement Board based on the Participant's years of service with a railroad employer. 8. The monthly payments under Paragraph 7 shall commence :..2r. the Participant commences benefits and upon completion of the necessary paperwork. The Alternate Payee shall continue to receive awarded benefits for as long as the Participant has the right to receive Railroad Retirement Benefits and shall cease at the death of either party. 9. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Railroad Retirement Board of such information as the Railroad Retirement Board may reasonably require from such parties. 10. In the event that the Plan inadvertently pays to the Participant any benefits that are awarded to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately DRO Page 3 reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not awarded to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt. 11. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the,ParticipaiiL take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments. directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 12. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit of any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Entered this day of CONSENT TO ORDER Iaintiff/Participant ' DefendandA ternate Payee BY THE COURT Judge Attorney- for D yee James T. Hutchens, IN THE COURT OF COMMON PLEAS Plaintiff, OF PENNSYLVANIA vs. CUMBERLAND COUNTY Susan E. Hutchens, CIVIL ACTION - LAW Defendant NO. 05-6384 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document Susan K. Candiello, Esquire, attorney foz Plaintiff, and on Susan E. Hutchens, Defendant, by First Clas: United States mail addressed as follows: Susan K. Candiello, Esquire 4010 Glennfinnan Place Mechanicsburg, PA 17055 Susan Hutchens 5 Marshall Drive Camp Hill, PA 17011 Date: October 22, 2007 ?- Mary A. Etter Dissinger i 0 `I James T. Hutchens IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Susan E. Hutchens NO. 05-6384 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO relates to the provision of marital property rights to the Alternate Payee. 3. This DRO applies to the Railroad Retirement Act ("Plan") and any successor thereto. James T. Hutchens ("Participant") is a Participant in the Plan. Susan E. Hutchens ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: James T. Hutchens 1505 Emming Lane Rossville, GA 30741 Social Security No.: 587-27-4222 Date of Birth: June 13, 1962 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Susan E. Hutchens 5 Marshall Drive Camp Hill, PA 17011 Social Security No.: 199-62-0878 Date of Birth: July 22, 1966 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. r 1?1e?CP , a? f 'N -A ! -01 WV Si 1,30 LOOZ :)Hi jo DRO Page 2 6. The Alternate Payee is awarded an interest in the Participant's Railroad Retirement Benefits payable under the Railroad Retirement Act. The Alternate Payee is entitled to direct payments of the amount specified in Paragraph 7 below from the Railroad Retirement Board and which will be payable from the divisible portion of the Participant's benefits. 7. The Alternate Payee is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of Participant's benefits under the Railroad Retirement Act (45 U.S.C. H231- 231v) which may be divided as provided by Section 14 of that Act (45 U.S.C. §231m). Alternate Payee's share shall be computed as an amount equal to 50% of the marital poi~tio z of the Participant's divisible Railroad Retirement benefits determined as of the Participant's date of retirement. For purposes of calculating the marital portion of the Participant's Railroad Retirement benefits, the Railroad Retirement Board shall multiply the Participant's monthly divisible Railroad Retirement benefit by a fraction, the numerator of which is the number of years and months of Participant's service earned under the Plan from December 27, 1985, to June 19, 2006, and the denominator of which is the Participant's total number of years and months of service earned under the Plan as of his date of retirement. Except for the amount awarded to the Alternate Payee above, the Participant shall maintain as his sole and separate property all other pension benefits that the Participant may be eligible to receive from the Railroad Retirement Board based on the Participant's years of service with a railroad employer. 8. The monthly payments under Paragraph 7 shall commence when the Participant commences benefits and upon completion of the necessary paperwork- The Alternate Payee shall continue to receive awarded benefits for as long as the Participant has the right to receive Railroad Retirement Benefits and shall cease at the death of either party. 9. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Railroad Retirement Board of such information as the Railroad Retirement Board may reasonably require from such parties. 10. In the event that the Plan inadvertently pays to the Participant any benefits that are awarded to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately % DRO Page 3 reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not awarded to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt. 11. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any actiun or inaction to the detriment of the Alternate Payee., he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 12. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require.the Plan to provide any form of benefit of any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Entered this Z s. day of 00,b%.- , ?100'1 CONSENT TO ORDER laYntiff/Participant Defendant/Alternate Payee -Attorney for Pla' ti articipant Attorney for Defendant/AlterPate Payee BY THE COURT