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HomeMy WebLinkAbout06-5287 DOUGLAS L. HASSINGER, Plaintiff VS. VICKI L. HASSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 -S', / CIVIL TERM 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, Phone: (717) 240-6195. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 DOUGLAS L. HASSINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. NO. 2006 -,W CIVIL TERM VICKI L. HASSINGER, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Douglas L. Hassinger, by his attorney, Dale F. Shughart, Jr., Esquire and states the following complaint: COUNT I - DIVORCE 1. The Plaintiff is Douglas L. Hassinger, an adult individual whose legal residence and place of domicile is 150 Woodbine Street, #24A, Kernersville, North Carolina 27284, since August 1, 2006. 2. The Defendant is Vicki L. Hassinger, an adult individual whose legal residence and place of domicile is 104 Westgate Drive, Mt. Holly Springs (South Middleton Township), Pennsylvania 17065, since October, 2002. 3. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 31, 2001, in Carlisle, Pennsylvania and separated on August 1, 2006. 5. There have been no prior actions for divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that marital counselling may be requested and that a list of marriage counsellors is available in the office of the Cumberland County Prothonotary. Plaintiff has further been advised of the right to request that the Court require the parties to participate in marital counselling. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 8. The averments of Paragraphs 1 through 7 of Count I are incorporated herein by direct reference. 9. The parties are the owners of various items of personal property and real property which qualify as marital property. 10. Said marital property is subject to equitable division and distribution. WHEREFORE, Plaintiff requests the Court to divide and distribute equitably between them all of the p ies' marital property. ( I Dale F. Shughart\JJ' Supreme Court I.D. 1 73 35 East High Street, Suite 203 Carlisle, PA 17013 Telephone: (717) 241-4311 Attorney for Plaintiff 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.A. 94904, relating to unsworn falsification to authorities. Date: August a ] 2006 --& , - _ DoQglas L. Hass inger, [Plaint iff -446 Q C C DOUGLAS L. HASSINGER, Plaintiff VS. VICKI L. HASSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 5287 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1920.43 AND NOW, comes the Plaintiff, Douglas L. Hassinger, by his attorney, Dale F. Shughart, Jr., Esquire and respectfully represents as follows: 1. Your Petitioner is Douglas L. Hassinger, plaintiff in the above captioned divorce action. He is represented by legal counsel, Dale F. Shughart, Jr. 2. The Respondent is Vicki L. Hassinger, defendant in the above divorce action. She is represented by legal counsel, Suzanne Spencer Abel. 3. The parties are the joint owners of a marital residence located 104 Westgate Drive, Mt. Holly Springs, (South Middleton Township), Cumberland County, Pennsylvania 17065. The fair market value of the marital residence is believed and therefore averred to be approximately $200,000. 4. There is a first mortgage on the marital residence with a current balance due of approximately $153,000, with a monthly payment of $1,135. Due to the Respondent's poor credit history, the Petitioner is the only individual personally obligated on the Mortgage Note. He has made all payments due and owing on the mortgage to date. 5. The home is also encumbered by a second mortgage home equity line of credit with a current balance of approximately $35,00 and a monthly payment of approximately $300. This home equity line of credit loan was taken out in early 2006. The sum of approximately $20,000 was used to purchase a 2006 Harley Davidson motorcycle titled in the name of the Petitioner and in his possession. The sum of approximately $15,000 was used to pay off a loan to Hudson United Bank secured against the automobile used by the Respondent, a 2004 KIA. The vehicle is titled in the name of the Petitioner due to the Respondent's poor credit history but is the automobile used by her and in her possession. 6. The Petitioner moved from the marital residence on August 1, 2006 and established his current residence in the State of North Carolina. The Respondent has occupied and had exclusive possession of the marital residence since August 1, 2006. 7. The Respondent' s two adult children from a prior marriage, Nathanial Barrick and Zachary Barrick, age 22 and 23, reside at the marital residence with her. 8. The Respondent has the financial ability to make a substantial monthly payment on the mortgage and to obtain contributions from her adult sons who reside at the residence but has refused to make any contribution. 9. The Petitioner has, through his undersigned counsel, requested Respondent's cooperation in listing the home for sale. Respondent has refused to cooperate. -2- 10. The Petitioner does not have income to continue to pay the entire mortgage and home equity line of credit without substantial contribution from the Respondent, and as a result, the mortgage will very soon be in default and may be subject to foreclosure, which would cause the dissipation of marital assets. 11. The Respondent should be ordered and directed to make a contribution toward the mortgage and home equity line of credit in accordance with her ability to do so taking into consideration reasonable contributions from her pay, pending sale of the property. The Respondent does not, however, have sufficient earnings to maintain the monthly mortgage payments nor a credit record which would enable her to borrow sufficient money to refinance it. 12. The marital residence has an equity of approximately $12,000, and if it is allowed to go into default, the marital equity will very quickly dissipate due to interest, late charges, court costs and attorney fees, involved in a foreclosure. Should this occur, the only person subject to personal liability on any deficiency judgment is the Petitioner. 13. In order to protect the marital estate and good credit history of the Petitioner, the marital residence should be listed for sale immediately, with the parties cooperating to accomplish this sale. 14. Attached hereto, made a part hereof, and marked Exhibits "A" and "B", respectively, are the Certificates of Title for the -3- 2004 KIA automobile, titled in the name of the Petitioner, but in the possession of and used by the Respondent, and the 2000 Honda automobile titled in the name of Petitioner and Respondent but in the possession of and used by the Respondent. 15. Petitioner requests that the Respondent be directed to transfer her ownership interest in the 2000 Honda to the Petitioner, and that the Petitioner be directed to transfer title to the KIA to the Respondent. 16. The net proceeds from the sale of the marital residence should be placed in escrow pending the final equitable distribution of assets. 17. At the time of separation the Petitioner had medical insurance provided through the Respondent's employment by the Commonwealth of Pennsylvania, which was obtained free of charge. The Respondent unilaterally cancelled Petitioner's medical insurance. Therefore, Petitioner is currently without medical insurance, due to the unilateral action of the Respondent, and although he will soon qualify to obtain medical insurance through his employer, has insufficient funds to pay for it while maintaining his other obligations, including the mortgage and Helco. WHEREFORE, Petitioner prays Your Honorable Court to enter an order granting special relief as to the marital residence to prevent foreclosure ordering Respondent to cooperate in the listing and sale of the property, and to make reasonable payments on -4- account of the mortgage and Helco, directing the transfer of automobile titles to the parties actually using those automobiles, requiring Respondent to reinstate Petitioner's medical insurance, and granting such other relief as is just and proper. Respectfully s?iitted, Dale F. Mu'jhlart, Jr t Supreme Court I.D. 7 10 West High Street Carlisle, PA 17013 Telephone: (717) 241-4311 Attorney for Plaintiff/Petitioner -5- (p`r( vv L_. Ili `rtcyeTE3?5 0 00UGLAS, L HASSINF ' lQ4 liEST?I?IT;? ? , _ AKr Q t Tom. a* r?o?c-u? ,MT HOLLY"' SPGS PA` 170 ' Jf ? r i : ?Lc R - A FOka YNtl" M p, mow lot fftT UEN FAVOR OF SECCFD 1I ?1 FAVOR OF: Y . ISMAB A T ; HUDSON UNITED BANK • -Al ^ + /1 , n ! q *Vd tg 4 717E hci U., 14s. l11.t M?a1diR" ME 1oe*wfi 00 TIM oz ft surde. d mcbr venom. 00 y1. ? ' $V=rV LA4 FCAA,SFO ^ AAM -moo + I.1d Iw •' '. r' ti T G y, HUDSON UNITED SANK 1000 MACARTHUR BLVD ` .` MAHWAH NJ 07430 1 Ow" i Of t* (Wo OI im x ft a111m1 r.ooft of ft Per w owft D.pwm W Tev fto- aM." Yrt 71. P.?.{4 tr Mw w A.s.i. Y CM Wm a Of ft a" %lo"Nou I APPLICATION FOR TITLE AND LIEN 1' 1 ACID AND SWOM - _17a ?u?potrteAE be go + VA by dsGetl SaKm%ft OF OATH 78T LIE I ST LIY : to 1 11b o"pow" poww Mato 4.sm" b C.,MoAa d TIM w n. wAw. e..oa.a bo- M,wo b ?. bORd.Ae.? ti d0 mw dow. Iw lmih 5101VR -ME OF C&A/PLCAWn }LE OF A4RlIOgF$p 8191ER OR DUPI. STORE cir. Term* 1;f IF THIS Aft ELT. (xiEd( FtEAE NOTE FIR Fr.QWRED 2!D LIE7k,DATE;.... STREET t CITY IF THIS 19 AN ELT,CN[CK I1m NO F*? REQUITED.. rr rwri or E>11Ney, ? F o LI$it CNi6x STATE "Op. . IF NO LIEN, al" t . } E!I`fq 16 STATE np - I a aEGISTERED OWNER(% _DOUGLAS L. ? PICK 104 WESTGATE DR MY.HOLLY SPGS PA 17065 FIR U04 FAVOR. OF: SECOND LEN FAVOFI OF:. ODOWETEN er,y} 0 , ACTUAL MILEA03E . l4 W?awucA 2 - Mar THE ACT" 3 . NM T)(E AC'FLW. ML44 OIETeFF A . EXedPT K'hoMla4g1 DrcrosLA?E TRIG mm"*r: c : CL f ?? . DFMeWAt YpM,:. L LCOMM VOW" P . t WAE A P0L4% 9Mot4, V . ,, X - I&'wAa ATAXF E s 906W W tlw+ 41clef is Mftd upgn smoMaco n of 7,F Atm Mt M& 14A[ _ NW*OkW miAlf fmr tlh* TIIIa to ft BuroM Ot M04a, %%hkjMa W11 to r FMIST LIEN FURAASED amrvf b brm and I". DATF SECOND L@1 RELEASED AUrHDFV= FKPRES4ENTA7plE +. DATE. IOAJW ADDRESS 031007 AUTHOMM A DOUGLAS L 6 VICKI L HASSINGER 104 WESTGATE DR MT HOLLY SPGS PA 17065 p cw* i 9 d at e» dit a *am ow agar Pte, of rF. Pssa ALLEM M G; Ult d Tromp. rMMoF thM. els PNakN tw mtgy towed nwYA is wr bRvU pw of 1W a" V*40* _,, BewFa?sdTeiilfYi?lifE'. 'a: PBBL'FWED AM SWOM M 8 O"Dmhuw odw Own your spotme-i I1@ WO M,4 ME: be H es '.k* ft Twwft vm Hight 0( owner: 06 Saes to "Mft owrw) CHE wW W awed as Tenant in Cmmy)W (O deceas?L owtMU to his/her hoft or e S*MATUHE OF PE AMMEM-M OAT" IST LIEN &M tar uocnER 7 Drrr ?ft , IF 7H1$ IS,AN ELT, CFIECb NOTE FIN REWJIREp 2ND LM N DATE T'+' W4-*M AMOY weft o /a 0.0-Rd Tw b dw whtJe tl?sal6p b + s.e. ?Nrdb b s(p6lrN,?e rtl ulrr Fpr erbw w t+a Iww 2ND LIE4 0L M r STREET '%G MTUFIE OF AVKX AW On AW+OAMO SWAM ;. ' Cm -E OF COMPUCAWTAiTtF OF AUfMDN1?F08WlIBt. IF TNIS B:AN ELT, r NOTE:FW REOUM?CK F R "t"qab u. CAnpUAee, tt a y deaMt 1 ane oNN+rr, bMerN€M*'of aa9r?. ? IF NO UEK . STATE ZIP i FINANCIAL ll BISTnyn0N NO. r-7 . ? IF NO LIEN, CHEW STATE. INSTITUTION Ma VERIFICATION I verify that the statements made in this Petition for Special Relief 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: September /3 , 2006 D glas L. Hassin r -6- DOUGLAS L. HASSINGER, Plaintiff VS. VICKI L. HASSINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006 - 5287 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of September, 2006, I, Dale F. Shughart, Jr., Esquire, attorney for Douglas L. Hassinger, hereby certifies that I have served a copy of the Petition For Special Relief pursuant to Pa.R.C.P. 1920.43 by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Suzanne Spencer Abel, Esquire 22 East Street, #6 Mt. Holly Springs, PA 17065 DOUGLAS L. HASSINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Vs. NO. 2006 - 5287 CIVIL TERM VICKI L. HASSINGER, Defendant IN DIVORCE ENTRY OF APPEARANCE Dear Sir: I hereby enter my appearance as counsel for plaintiff, Douglas L. Hassinger, in conjunction with Dale F. Shughart, Jr., Esquire. Date: September 14, 2006 N han C. Wolf 1f & Wolf upre Cou I.D. 87380 10 st H' Street Car isl , PA 17013 (717 41-4436 ..,, t-, _ _ ._ ?=: _? _ ?-, __ . ;3 w 4 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006 - 5287 CIVIL TERM IN DIVORCE DOUGLAS L. HASSINGER, Plaintiff VS. VICKI L. HASSINGER, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Dale F. Shughart, Jr., being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above captioned divorce action; that on September 11, 2006, he mailed a true and correct copy of the Complaint in Divorce, duly endorsed with a Notice to Defend, to the Defendant, by certified mail with restricted delivery, postage prepaid, return receipt requested and evidenced by return receipt card No. 7004 1350 0003 7285 6490 to Defendant's last known address; that on September 12, 2006, Defendant did personally receive said Complaint in Divorce; that attached hereto, made a part hereof and marked Exhibit "A" is return receipt card No. 7004 1350 0003 7285 6490, with Defendant's signature of xed thereon; and that the facts set forth in the within Affidav are true and correct to the best of his information and belief 2 J Dgle F. S Attorney Sworn to and subscribed before me this 14th day of September, 2006. r Pla, gyf* f Tsquire NOTARIAL SEAL BONNIE L. COYLE, NOTARY PUBLIC BORO OF CARLISLE, CUMBERLAND CO. PA MY COMMISSION EXPIRES OCTOBER 17, 2008 r 4. '- \_._ . ¦ Complete items. 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card tarthe back of the mailpiece, or on the front if space permits. 1. Article Addressed td: jf (cKc L ?W t yi' 2 die 1-7 0 - A. SQAnatyre x ` nt Addressee B. R e) C. Date of Delivery LLSB) n4 P r i D. Is delivery address different from Kern 1? 0 Yes If YES, enter delivery address below: XNo 3. xe Type Certified Mail ? Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (transferf mservicelabs 7004 1350 0003 7285 6490 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 540 EXHIBIT "A" SEP 1 5 2D(I6Nr"q, DOUGLAS L. HASSINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. NO. 2006 - 5287 CIVIL TERM VICKI L. HASSINGER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this/fit day of n= 2006, upon Petition of the Plaintiff, Douglas L. Hassinger, and on Motion of his attorney, Dale F. Shughart, Jr., Esquire, a hearing on the attached Petition for Special Relief is scheduled for the day of dd?e? , 2006, at 3 % 0) o'clock 62.m. , in Courtroom No. Cumberland County Courthouse, Carlisle, Pennsylvania. CC: Xale F. Shughart, Jr., Esquire, attorney for Plaintiff/Petitioner Suzanne Spencer Abel, Esquire, attorney for Defendant/Respondent i By the Court, ViN'VAIASPtiN1d 00:q Wd I Z d3S 9001 AdViQ N0lHlOUd 3Hl dQ 30UO- MU DOUGLAS L. HASSINGER, Plaintiff Vs. VICKI L. HASSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 5287 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Petitioner, Douglas L. Hassinger, Plaintiff above captioned, by his attorney, Dale F. Shughart, Jr., Esquire and files the following Petition for Alimony Pendente Lite pursuant to Pa. R.C.P. 1920.13. 1. Your Petitioner is Douglas L. Hassinger, Plaintiff above captioned. 2. The Respondent is Vicki L. Hassinger, Defendant above captioned. 3. The Petitioner has insufficient income to pay the obligations of the parties related to the marital home and to support himself adequately during the pendency of the divorce action. 4. The Respondent has sufficient income to contribute to the obligations of the Petitioner related to the marital home in accordance with the Guidelines for Alimony Pendente Lite contained in the Pennsylvania Rules of Civil Procedure. 5. The Petitioner/Defendant requests alimony pendente lite. WHEREFORE, Petitioner, Douglas L. Hassinger, prays the matter be referred to the Cumberland County Domestic Relations Office for a conference and determination of an Order pursuant to Pa. R.C.P. 1910.12. ?Ia I A Dale F. Shugha t, Jr' Supreme Court I. 19373 35 East High Stre 203 Carlisle, PA 17013 (717) 241-4311 VERIFICATION Douglas L. Hassinger hereby verifies that the facts set forth in the foregoing Petition for Alimony Pendente Lite are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: 16fq19 -2- r-? .- _ ? -T- ^? - ?C? = , r ?? ,?" _ .,_ - •• T ? ?? DOUGLAS L. HASSINGER, Plaintiff VS. VICKI L. HASSINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006 - 5287 CIVIL TERM IN DIVORCE MOTION TO CONSOLIDATE AND NOW, comes Plaintiff, Douglas L. Hassinger, by his attorney, Dale F. Shughart, Jr., Esquire, and files the following Motion to Consolidate: 1. Plaintiff Douglas L. Hassinger is filing, contemporaneously with this Motion, a Petition for Alimony Pendente Lite in the above captioned action. 2. Vicki L. Hassinger has previously filed a spousal support action to Docket No. 00712 S 2006, PACSES Case No. 627108535, which is scheduled for a hearing before a hearing officer at the Domestic Relations Section at 8:30 a.m. on Thursday, November 16, 2006. A true and correct copy of the Order scheduling the support hearing is attached hereto, made a part hereof, and marked Exhibit "A". 3. Plaintiff has filed a Petition for Special Relief which ti is scheduled for a hearing before Honorable Kevin A. Hess at 3:00 p.m. on Monday, October 16, 2006. At issue is a determination of the immediate duties and responsibilities of the parties in regard to disposition of the marital real property located 104 Westgate Drive, Mt. Holly Springs, PA 17065. 4. The amount of the specific monetary obligations of the parties to each other and in regard to payment of the purchase money mortgage and home equity line of credit mortgage secured against the property are for determination in the spousal support action of the Defendant and the APL action of the Plaintiff and should therefore be consolidated and heard together. WHEREFORE, Plaintiff, Douglas L. Hassinger, by his attorney, Dale F. Shughart, Jr., Esquire prays Your Honorable Court to consolidate the Plaintiff's Petition for APL with the Defendant's Spousal Support Action hearing scheduled for November 16, 2006, as hereinabove set forth. R pectfully submitted, Dale F. Shug r , Jr. Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 717-241-4311 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VICKI L. HASSINGER ) Docket Number 00712 S 2006 Plaintiff ) VS. ) PACSES Case Number 627108535 DOUGLAS L. HASSINGER ) Defendant ) Other State ID Number ORDER OF COURT You, DOUGLAS L. HASSINGER plaintiff/defendant of # 24A, 150 WOODBINE ST, KERNERSVILLE, NC. 27284-2,970-41 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 16, 2006 at 8: 3OAM for a hearing. o m r3 -Tj rn You are further required to bring to the hearing: ?>::jo - C) CD i . a true copy of your most recent Federal Income Tax Return, including W-2s o ? , m Aeg, 2. your pay stubs for the preceding six (6) months, ,->M m 3. verification of child care expenses, and - -+o w 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 HASSINGER V•HASSINGER If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 9-1v3'-') YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. JUDGE PACSES Case Number: 627108535 CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 ? ` ? ? i ?? - . ?'` i ? --? `,, ?? ;yi=p' -- ? ,_r; ? '. ?'?; - ...,., - --c c;?] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS L. HASSINGER, Plaintiff No. 2006 - 5287 CIVIL TERM v CIVIL ACTION - LAW VICKI L. HASSINGER, Defendant IN DIVORCE MOTION TO QUASH AND NOW, this 12th day of October, 2006, comes Defendant, Vicki Hassinger, by and through her attorney, Suzanne Spencer Abel, Esq., and who files the following Motion to Quash, and in support thereof avers as follows: 1. On or about August 1, 2006, Plaintiff abandoned the marital residence at 104 Westgate Drive, Mt. Holly Springs, Pennsylvania, without notice to Defendant, via "Fast Break Moving Company", and immediately relocated with his ex-wife in North Carolina. 2. On or about September 11, 2006, Plaintiff filed the underlying Complaint for Divorce pursuant to §§3301(c) and 3301(d) of the Divorce Code. 3. On or about September 14, 2006, Plaintiff filed a Petition for Special Relief pursuant to Pa.R.C.P. 1920.43, alleging Plaintiff "requested Respondent's cooperation in listing the home for sale. Respondent has refused to cooperate." (Petition for Special Relief, 19). 4. Plaintiff s Petition for Special Relief specifically asks "Your Honorable Court to enter an Order granting special relief as to the marital residence to prevent foreclosure ordering Respondent to cooperate in the listing and sale of the property, and to make reasonable payments on account of the mortgage and Helco, directing the transfer of automobile titles to the parties actually using those automobiles, requiring Respondent to reinstate Petitioner's medical insurance, and granting such other relief as is just and proper." (Petition for Special Relief, Wherefore 1). 5. On or about September 21, 2006, this Honorable Court scheduled a hearing on Plaintiffs Petition for Special Relief for Monday, October 16, 2006 at 3:00 pm before the Honorable Judge Kevin A. Hess where, notwithstanding the Wherefore paragraph of the Petition itself, Plaintiff asserted in his subsequent Motion to Consolidate (see ¶ 8 below), the sole issue before the Court "tis a determination of the immediate duties and responsibilities of the parties in regard to disposition of the marital real property located 104 Westgate Drive, Mt. Holly Springs, PA 17065." (Motion to Consolidate, 13). 6. Defendant is in the process of obtaining financing to purchase the marital home. 7. On or about October 10, 2006, Plaintiff filed a Petition for Alimony Pendente Lite alleging, infer alia, that Plaintiff cannot afford to pay both his pre-existing marital obligations in addition to his new obligations. 8. Also on or about October 10, 2006, Plaintiff filed a Motion to Consolidate his Complaint for Divorce and his Petition for Alimony Pendente Lite with Page 2 Defendant's pre-existing action for Spousal Support that is scheduled for a hearing before the Domestic Relations Section hearing officer on November 16, 2006. 9. On or about October 11, 2006, Plaintiff's counsel served Defendant's counsel with a Notice to Produce the parties' Deed, mortgages, and accompanying notes at the previously scheduled hearing of October 16, 2006, pursuant to Pa.R.C.P. 234.3. A true and correct copy of the Notice to Produce is attached as Exhibit A. 10. Defendant does not possess any of the requested documents. 11. The requested documents are on public file with the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, and are fully available to Plaintiff. 12. Pa. R.C.P. 234.4 permits the Court to quash a Notice to Produce "to protect a party, witness or other person from unreasonable annoyance, embarrassment, oppression, burden or expense." 13. Plaintiff's Notice to Produce is oppressive and burdensome, causing Defendant to incur unreasonable and unnecessary legal expense to defend against the Notice. 14. Defendant seeks counsel fees and costs associated with defending against Plaintiffs Notice to Produce. WHEREFORE, Defendant respectfully requests this Honorable Court to Quash Plaintiffs Notice to Produce, to Order Plaintiff to obtain copies of the public documents Page 3 at Plaintiffs expense, to produce copies of said documents to Defendant forthwith, to resolve the parties' Equitable Distribution issues between counsels, to resolve outstanding support issues through the Domestic Relations Office, to pay Defendant's legal expenses and costs, and any other relief as is just and proper. Respectfully submitted, Suzanne Spencer Abel, Attorney at Law Su an a Spen r Abel, Esq. Atto y ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 829-3206 spencer abet esq@fastmail.fm Counsel for Defendant, Vicki Hassinger Page 4 EXHIBIT A NOTICE TO PRODUCE DOUGLAS L. HASSINGER, Plaintiff VS. VICKI L. HASSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 5287 CIVIL TERM IN DIVORCE NOTICE TO PRODUCE TO: VICKI L. HASSINGER C/O SUZANNE SPENCER ABEL, ESQUIRE 22 East Street, No. 6 Mt. Holly Springs, PA 17065 You are directed to produce the following: 1. Copy of Deed to the premises at 104 Westgate Drive, Mt. Holly Springs, Pennsylvania into Douglas L. and Vicki L. Hassinger. 2. Copy of mortgage of Douglas L. Hassinger and Vicki L. Hassinger to Countrywide Home Loans. 3. Copy of Note accompanying Mortgage of Douglas L. Hassinger and Vicki L. Hassinger to Countrywide Home Loans. 4. Copy of Home Equity Line of Credit Mortgage of Douglas L. Hassinger and Vicki L. Hassinger to Countrywide Home Loans. 5. Copy of Note accompanying Home Equity Line of Credit Mortgage of Donald L. Hassinger and Vicki L. Hassinger to Countrywide Home Loans at Courtroom No. 4, Cumberland County Courthouse, Carlisle, PA, on Monday, October 16, 2006 at 3:00 o'clock p.m. 4 If you fail to produce the documents or things required by this Notice to produce, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civ Procedure. Date: October 9, 2006 r Dale F. Shu h tj# Supreme Court 9 st High Street 10 We Carlisle, PA 17013 717-241-4311 CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Motion to Quash, I am this day serving a copy of same by First Class US Mail, to the following: Dale F. Shughart, Jr., Counsel for Douglas Hassinger 10 West High Street Carlisle, PA 17013 Date: IOjld k' 01 a P 5" S&h.?u I WA S za ne Spe cer Abel 22 st Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spe ncer_abel_esq@fastmail. fm ?, - _ ? ?? ?„ :: ? -n _ ? ,_;, ---? °r r .,...? ? ? ?? _.? " 'P T -.. ?.? j-, ?,. It....) _??-.. ?A _ ?_ ._.__ •• _' is ' , -=r _ r ^ =z; t?"a -NG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Douglas L. Hassinger, Plaintiff Docket # 2006 - 5287 CIVIL TERM V. IN DIVORCE Vicki L. Hassinger, Defendant PRAECIPE for ENTRY of APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of Vicki Hassinger, Defendant. Papers may be served at the address set forth below: Suzanne Spencer Abel, Esq. Attorney ID # 202443 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 Date: t L / 5QLfi&&W Suz ne Spencer Abel, Esq. -? r'' c. ?? ?? ; ?? ? -rt?'t G1 `; - -- ,..t -T:. ?.,. C= _ j.. •-i'2 ?, c , 1 -- ? W CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Praecipe for Entry of Appearance, for cases Docketed at #00712 S 2006 and #2006 - 5287 CIVIL TERM, I am this day serving a copy of same by First Class Mail, to the following: Dale F. Shughart, Jr., Counsel for Douglas Hassinger 10 West High Street Carlisle, PA 17013 Date: ( bit PI , ?DJPQXIA Q,!?VJIOJA) W Su a ne Spencer Abel 22 ast Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer_abel-esq@fastmail.fm ?z cl-I C C.01 DOUGLAS L. HASSINGER, Plaintiff VS. VICKI L. HASSINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006 - 5287 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this tafay of October, 2006, I, Dale F. Shughart, Jr., Esquire, attorney for Douglas L. Hassinger, hereby certifies that I have served a copy of the Petition for Alimony Pendente Lite and Motion to Consolidate pursuant to Pa.R.C.P. 1920.43 by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Suzanne Spencer Abel, Esquire 22 East Street, #6 Mt. Holly Springs, P" 17065 ^?; ?'- ?: ,?_? ?._,.? - w t'T3 - - ?, :.J ?; --C H ? r ? OCT 1 0 2006 DOUGLAS L. HASSINGER, Plaintiff VS. VICKI L. HASSINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006 - 5287 CIVIL TERM IN DIVORCE CONSOLIDATION ORDER OF COURT AND NOW, this /}• day of October, 2006, upon consideration of the attached Motion to Consolidate and Petition for Alimony Pendente Lite filed by the Plaintiff, Douglas L. Hassinger, the Plaintiff's Petition for Alimony Pendente Lite is consolidated with the spousal support action of Vicki L. Hassinger, filed to Docket No. 00712 S 2006, PACSES Case No. 27108535, to be heard before a hearing officer of the Domestic Relations Section on November 16, 2006 at 8:30 o'clock a.m. UU juale F. Shughart, Jr., Esquire, attorney for Plaintiff ?zanne Spencer Abel, Esquire, attorney for Defendant q J r,3 Jz?o By the Court, ^d ii,J I :,;I I!J C 1 J."10 ;OQZ DOUGLAS L. HASSINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW VICKI L. HASSINGER, NO. 5287 CIVIL 2006 Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 16th day of October, 2006, the defendant is directed to furnish copies of promissory notes to the plaintiff if same are in her possession. With that exception, the balance of the Motion of the Defendant to Quash Plaintiff's Notice to Produce is granted. Each party is directed to transfer title of each motor vehicle to the other party actually using the motor vehicle. The balance of the petition of the plaintiff for Special Relief pursuant to Pa.R.C.P. 1920.43 is denied. The request of the defendant for counsel fees is denied without prejudice to the defendant to renew the issue before the Master. By the Court, than Wolf, Esquire Dale F. Shughart, Jr., Esquire For Plaintiff ,,auzanne Spencer Abel, Esquire 1 For Defendant :bg ,tin,. LO -6 81 130 9aoz 4 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DOUGLAS L. HASSINGER ) Docket Number 06-5287 CIVIL Plaintiff ) VS. } PACSES Case Number 192108.705 VICKI L. HASSINGER ) Defendant ) Other State ID Number ORDER OF COURT YOU, DOUGLAS L. HASSINGER # 24A, 150 WOODBINE ST, KERNERSVILLE, NC. 27284-2970-41 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 16, 2006 at 8: 30AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 4 HASSINGER PACSES Case Number: 192108705 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 10 `vim JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v• HASSINGER CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 --r1tr;- ? - n r lQ N ^4 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DOUGLAS L. HASSINGER ) Docket Number 06-5287 CIVIL Plaintiff ) VS. ) PACSES Case Number 192108705 VICKI L. HASSINGER ) Defendant ) Other State ID Number ORDER OF COURT You, VICKI L. HASSINGER plaintiff/defendant of 104 WESTGATE DR, MOUNT HOLLY SPRINGS, PA. 17065-2004-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 16, 2006 at 8: 30AM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker. ID 21302 HASSINGER PACSES Case Number: 192108705 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 10-19-06 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v• HASSINGER CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 Q C'-) C.D C.3 C3 rr VICKI L. HASSINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DOUGLAS L. HASSINGER, PACSES NO. 627108535 Defendant DOCKET NO. 712 SUPPORT 2006 DOUGLAS L. HASSINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION VICKI L. HASSINGER, PACSES NO. 192108705 Defendant DOCKET NO. 06-5287 CIVIL INTERIM ORDER OF COURT AND NOW, this 20'" day of November, 2006, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Wife's complaint for spousal support is dismissed. B. The Husband's claim for alimony pendente lite is denied. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU.IT IS FURTHER ORDERED THAT, UPON PAYOR' S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, t?\ -L U4 M. L. Ebert, Jr., J. Cc: Vicki L. Hassinger Douglas L. Hassinger Suzanne Spencer Abel, Esquire For the Plaintiff Nathan C. Wolf, Esquire For the Defendant DRO VICKI L. HASSINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION DOUGLAS L. HASSINGER, PACSES NO. 627108535 Defendant DOCKET NO. 712 SUPPORT 2006 DOUGLAS L. HASSINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION VICKI L. HASSINGER, PACSES NO. 192108705 Defendant DOCKET NO. 06-5287 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on November 16, 2006, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in the support action is Vicki L. Hassinger, who resides at 104 Westgate Drive, Mt. Holly Springs, Pennsylvania. She will hereafter be referred to as the Wife. 2. The Defendant is Douglas L. Hassinger, who resides at 150 Woodbine Street, Apartment 24-A, Kernersville, North Carolina. He will hereafter be referred to as the Husband. 3. The parties were married on December 31, 2001. 4. There are no minor children of the marriage. 5. The parties separated on August 1, 2006 when the Husband vacated the martial residence. 6. On August 18, 2006 the Wife filed a complaint for spousal support. 7. On October 13, 2006 the Husband filed a claim for alimony pendente lite in the divorce action. EXHIBIT "A" 8. The marital residence where the Wife continues to reside is encumbered by a first mortgage with a monthly payment of $1,134.36 and a home equity second mortgage with a monthly payment of $297.50. 9. The Husband has paid both mortgages since leaving the marital residence. 10. The Wife is employed by the Commonwealth of Pennsylvania and has earned $29,600.43 through October 13, 2006. 11. The Wife pays union dues of $11.43 bi-weekly. 12. The Wife has a mandatory retirement contribution of 6.25% of her gross income. 13. The Husband is employed by Tyco Corporation. 14. Without notice to the Wife the Husband moved from the marital residence to the state of North Carolina on August 1, 2006. 15. The Husband has earned $35,841.83 through October 29, 2006. 16. The Wife's two adult sons from a prior relationship reside with her and contribute minimally to her household expenses. 17. Both parties file their federal income tax returns as married/separate. DISCUSSION A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d 155 (Pa. Super. 1993). The party seeking to nullify the duty to pay spousal support bears the burden of proving conduct on the claimant's part by clear and convincing evidence. Hoffman v. Hoffman, 762 A.2d 766 (Pa. Super. 2000). While the Husband may have been unhappy in his marriage, the testimony presented fell far short of establishing conduct on the part of the Wife which would constitute grounds for a fault divorce by clear and convincing evidence. A guideline calculation of spousal support will be performed. The Wife has had average gross monthly income of $3,054.00. Filing her federal income tax return as married/separate and deducting her union dues and mandatory retirement contribution results in net monthly income for support purposes of $2,157.00.1 The Husband has had average gross monthly income of $3,530.00. Filing his federal income tax return as married/separate results in net monthly income for support purposes of $2,614.00.2 ' See Exhibit "A" for the tax deductions from gross income. z See Exhibit "A" for the tax deductions from gross income. 2 With respective incomes as set forth above, the Husband's spousal support obligation under the guidelines would be $183.00 per month.3 A support order calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted by evidence that the guideline amount is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d 939 (Pa. Super. 1997). The evidence established that the Wife is residing in the marital residence and is not paying the mortgage. The Husband has been paying both the first and second mortgage on the residence in an amount exceeding $1,400.00 per month since the separation. To award the Wife spousal support under these circumstances would be an inappropriate and unjust result. Should the Husband cease making mortgage payments, this would constitute a material and substantial change of circumstances which would permit the Wife to again file for support. The Husband has filed a claim for alimony pendente lite. If entitlement to an award is established the amount of the award is calculated pursuant to the support guidelines. As set forth above, the Husband's income exceeds the Wife's. Consequently no award of alimony pendente lite can be entered at this time. RECOMMENDATION A. The Wife's complaint for spousal support is dismissed. B. The Husband's claim for alimony pendente lite is denied. QQ,2a0(? Date Michael R. Rundle Support Master 3 See Exhibit "B" for the calculation. 3 N CD =` --z krD VICKI L. HASSINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION DOUGLAS L. HASSINGER, PACSES NO. 627108535 Defendant DOCKET NO. 712 SUPPORT 2006 DOUGLAS L. HASSINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION VICKI L. HASSINGER, PACSES NO. 192108705 Defendant DOCKET NO. 06-5287 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Birthday card Plaintiff s Exhibit No. 2 - Note from Husband Plaintiff's Exhibit No. 3 - Employee pay statements Plaintiff's Exhibit No. 4 - Employee pay statement Plaintiff's Exhibit No. 5 - Income and expense statement Plaintiff s Exhibit No. 6 - Husband's pay statement Defendant's Exhibit No. 1 - Income and expense statement Defendant's Exhibit No. 2 - Earnings statement Defendant's Exhibit No. 3 - CapitalOne account statement Defendant's Exhibit No. 4 - Automobile insurance account statement Defendant's Exhibit No. 5 - First mortgage statement Defendant's Exhibit No. 6 - Home equity loan statement Cl) C.?} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J: File No. Qnl o n d Q? IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking prior to the entry of a Final Decree in Divorce, or after the entry of a Final 11a ee in Divorce dated hereby elects to resume the prior surname of I 6w-a L. ?n gives this written notice avowing his / her Date: COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF (I 54 P.$. 704. On the 'a'w4y of Jt'W , 200 ,7, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notary'Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 i `. GoJ c... ZZ- J CP DOUGLAS L. HASSINGER, Plaintiff V. VICKI L. WAGNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5287 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE/WITHDRAWAL TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire, as Attorney of record for Douglas L. Hassinger, Plaintiff in the above-captioned matter. Respectfully Submitted: Date: j.eltd b?_O? ams, Esquire Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Please withdraw the appearance of Nathan Wolf as Attorney of record for Douglas L. Hassinger, Plaintiff in the above-captioned matter. Respectfuubmitted: Date: Z G Natl, Jf, Esquire Carlisle, Pa. 17013 (717) 241-4436 -0 cc Q DOUGLAS L. HASSINGER, Plaintiff VICKI L. WAGNER, V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5287 CIVIL TERM IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of lNv 2008, by and between, VICKI L. WAGN , of Mount Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and DOUGLAS L. HASSINGER, of High Point, North Carolina; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 31, 2001, in Carlisle, Pennsylvania; WHEREAS, there were no children born of this marriage; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a -?V3. ALA DLH defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of JANE ADAMS, ESQUIRE, as his attorney. The Wife is PRO SE and does not have an attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband filed has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the ?VLH O 44 DLH provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. 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. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. 1 pt." DLH Any and all debts in his name alone or incurred by him after separation. (c) The parties will take any steps necessary to close any joint credit card accounts, if any. (d) The parties acknowledge that there was a foreclosure on the marital home, located at 104 Westgate Drive, Mount Holly Springs, Pennsylvania, and that this settlement agreement does not bind the creditor, or discharge such obligation, if any. If there is an outstanding judgement or any amount due as a result of the foreclosure on the marital home, then the parties shall divide such obligation equally. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically if any, he or she may waive, release, renounce, and forever abandon whateZHJW-_DLH have with respect to the above items which shall become the sole and separate property of the other. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: The parties shall retain all vehicles, including motorcycles, in their respective possessions. Husband shall pay wife the amount of $8000.00 in consideration of her waiving all right, title, and interest in his motorcycle. Such payment will be made promptly upon Wife signing this agreement. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. All spousal support shall cease as of the date of the final Decree in Divorce. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 14. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties intend on filing separately from this point forward. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 15. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the 7ilar simnature. LH p DLH Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 17. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 18. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 19. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 20. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 21. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 22. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for paymen of reasonable legal fees H L DLH and costs incurred by the other in enforcing their rights under this agreement. 23. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: WI SS icki Magner, i, Date: 3 COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the 'S day ofGl/1 CJ? , 2008, before me, the undersigned officer, personally appeared VICKI L. WAGNER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I here COMMONWEAL OF PENNSYLVANIA N0- Noft" Jane Adens, Sep Public CWHM Horn, County My Commission Expires Sept. 6, 2008 My c? set my hang and official seal. Public ission expires: ?M?; las A H.*singer, Husband 1"VLH DUq DLH J - Q - %JQ Q ) c !?7 " p DOUGLAS L. HASSINGER, Plaintiff V. VICKI L. WAGNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5287 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Dougl L. Hassinger, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyers 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. §4904 relating to unsworn falsification to authorities. Date: 2 .. $ .4 $ Dougla . Hassinger, Plaintiff C. ca t ., t? -° DOUGLAS L. HASSINGER, Plaintiff V. VICKI L. WAGNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5287 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are ue and correct. I also understand that false statements herein are made subject to the penalties of/8 S 4904, relati g to unsworn falsification to authorities. Date: - - O ` icki acner fendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 63301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true nd correct. I underst nd that false statements herein are made subject to the penalties of 18 Pa.C 490 reliting to un*orn falsification to authorities. 1 Date: e? , rs - Q L. C7 rv ? ? ? ?- fiTpi'' ? `? ..,. _ -. .r.'" ? , ? ?? -- ?"? 'C2 „ W -:aT? 3 a?,: ?`_.._ . : --rya. -.a'w ,, ... r t ? ? ?? ?..'? -? DOUGLAS L. HASSINGER, Plaintiff V. VICKI L. WAGNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5287 CIVIL TERM : IN 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 3301 c of the Divorce Code. 2. Date and manner of the service of the Complaint: Certified mail, restricted delivery, return receipt requested, served September 12, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: By Defendant: March 8, 2008 March 5, 2008 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 13, 2008 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 13, 2008 oate <31 w(o8 RespectfullykSubmitted: ne Adams, Esquire V.p. No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ? r d? rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Douglas L. Hassinger, Plaintiff N 0. No. 06 - 5287 Civil Term VERSUS DECREE IN DIVORCE AND NOW, 1 lO.f C.\A 1 ?OOD IT IS ORDERED AND DECREED THAT Douglas L.Hassinger , PLAINTIFF, AND Vicki L. Wagner 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; The marriage settlement agreement which was filed on March 13, 2008, and signed by the parties on March 8, 2008, shall be incorporated and not merged into this Decree. BY THE COURT: ATTEST: J. PROTHONOTARY 4?V -