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Home My WebLink About96-03941 " ~ , ~ .:t!. ,*' ,*' '* .~ ':.:' ':.,;. 'lI!:' otfl> '*" ... 'l9:- ':.:. .:.:- ':<<. .:.:, ':.:. ,:.:. ':.:' ':<<, ~ ,';c.:,..>,.lIl} .:.,;. ':.,;. ':.,;. <.,;. .. *' 'ill 8! ',,-----'- --",,,,-----,-,---,- -~ .--,.,-----~,-, ,,,,,.._,,-,, - --'- . ',--- - - ,,' -,,-..' " -,_..,.,---,,----,-,,- ~ I - ~l iii ~I IN THE COURT OF COMMON PLEAS S 81 iii ~i OF CUMBERLAND COUNTY ~ ~ . ;1' STATE OF '* PENNA, : ~ III ~ 8 8 N I), 3HL""...... ,,,,,,,,,,,,,,. Il) 96 III 8 Joseph 1., Hursh, Jr, iii 8 V 1'1'","' III 8 Christine A, Hursh . ~ . 8 ~ . ~ 8 ' ~ DECREE IN : :l 0 I V 0 R C E : ~...l ANDNOW,,,.,.,...4,,,,,),,,)~~,,,,. 19,1.1..., It Is ordered and 8 * ~ * decreed that.,., . JOtlt!ph .L", ,Hl,lrsh, ,Jr,.""",.".""."., plaintiff, ~ . 8 8 and ,Chri5tino A,l/ursh " """..""".."""" defendant... ~ are divorced from the bonds of matrimony. : 8 8 ~ ,;, &:' 8 8 8 ~ ~ 8 8 . -. -..., .. .. .... .. The court retains jurisdiction of the following claims which hove been raised of record In this action for which a final order has not yet been entered; NON,E:, . :r.h~ pil.rti~s I ,Propert,y ,Se,t.tlem.ent, Agreement, dated, ,Apr!,l, .'.5, _ 19_97, _ .ls _ at,tache.d ,her.ete, and, is ,incorper,ated, ,hlilre,J.n for enforcement purposes pursuant to 23 PaCSA 3105, By The cn~i /\, (,~, Iff . -: Aile", ;.~<.h.f'><<'" .!"l/~a.f/~",,,'fi::f. J, ~/ ,I .' ." ,- " ..~ '-jf' ,,' .,;Y......'.... k:..V-'./ , ~)"',...r,LI..,, '7~ ;; - , " ProthonotAry - , , . .>>:. ':c. ... .:.:- .:<<. .*, .:.:. .:.:. .~:. .:.:. .:+:' .:.:. ,;, 1!" ~ ,~ I~ I' 'W ("." I, r'~ 1 I~ " , ~ .:.:. .:.:. .~.:- .:.:. .:.:. .:.:. .:.:. .:.:. .~:. .:.-:. ~ $ $ $ (~ i~ , .' ~ " ~ .. 8, ADVICE OF COUtISEL. ' The provisions of this Agreement and their lege I effect have been fully explained M to the partlas by their respactlve counsel, Charles Rector, Esquire for HUSBAND and (Iff (-/ Marlin McCaleb, Esquire, for WIFE. The partlas acknowledge that they have received Independent legal advice Irom counsel 01 their selection and that they lully understand the lacts and have been fully Informed as to their legal rights and obligations and they acknowledge and accept that this Agreement Is, In the rJrcumstances, lair and equitable and that It Is being entered Into frealy and voluntarily, alter having recelvad such advice and with such knowledge and that execution of this Agreemantls not the result of any duress or undue Influence and that It Is not the result 01 any collusion or Improper or Illegal agreement or agreements. 9. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list 01 alt of the properly that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise, Both parties understand that they have the right to have a court hold hearings and make decisions on the mailers covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement Is fair and equitable, that It adequately provides for his or her needs and Is In his or her best Interests, and that the Agreement Is not the result 01 any Iraud, duress, or undue Influence exercised by either 4 -, party upon the other or by any other person or persons upon slther party, Both parties hereby waive the following procedural rights: a, The right to obtain an Inventory and appraisement of all marital and non- Iii ( if} {-J marltel property as deflnod by the Pennsylvania Divorce Code. b. The right to obtain an Income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c, The right to have property Idenllfled and appraised, d, The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e, The right to have the court determine which property Is marital and which Is non,marltal, and equitably distribute between tile parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property, f. The right to have the court decide any other rights, remedies, privileges, or obllgallons covered by this Agreement and/or arising out of the marital relationship, Including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lIIe (tamporary alimony), equitable dlstrlbulIon, custody, vlsltallon, and counsel fees, costs and expenses, 10, PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property Including, but not limited to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books. works of art and other tangible personal property, With respect to said division the parties agree that HUSBAND shall recelva as his sole and separate property, all 5 and WIFE agrees that she specifically waives, releeses, renounces and forever ! I abandons all her right, title and Interest therein, (I HUSBAND waives, releases, renounces, and forever abandons In favor of WIFE. all right, IIl1e and Interest he may have In the property situate and known as 494 (~ t+t-J Brighton Place, Mechanlcsburg, Pennsylvania, 14, MO.NfIAR.Y1!AYMENL In consideration of the distribution of the marital assets set forth in this agreement HUSBAND agrees to pay WIFE the sum of $8,076,00, at settlement. 15, EACJifABI'LRE]'A1N.lH>WN PENmOJ.lPLANS, Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, Inlerest or claim, whatever It may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party In whose name or through whose employment said plan is carried, 16, DIVISION OF~COUNTS/STOCKll,IFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, Investment plans and life Insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life Insuranctl cash value In the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND 8 (6) the posting of security to Insure future payments to assure compllence with the obligations undertaken by this Agreementi (6) the Issuance of attachment procaedlngs and the holding of the Defendant to be In contempt and the making of appropriate order thereof /t.! eH H-' Including, but not limited to, commitment of the breechlng perty to county Jail for a period not to exceed six (6) monl.hsi (7) the award of counsel fees and costsi (6) the attachment of the breaching party's wages, (d) Any other remedies provided for In law or In equity, 315, 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 provision shall be stricken from this Agreement and In all other respects this Agreement shall be valid and continue In full force, effect and operation, Likewise, the failure of any party to meet his or her obligations under anyone 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, 36, HEALTH INSURANCE COVERAGE. WIFE agrees to maintain HUSBAND as beneficiary of her Blue Cross/Blue Shield health Insurance plan through the Pennsylvania Employees Benefit Trust Fund until the parties are legally divorc;ed, HUSBAND shall, at his expense, thereafter, select "COBRA" continuation of his health Insurance coverage through WIFE's plan, WIFE shall cooperate in every respect to facilitate HUSBAND's "COBRA" selection and continued health Insurance coverage as a "qualified beneficiary" of WIFE's plen, 16 STATE OF PENNSYLVANIA COUNTY o (),(/J') Ji'd? ~-I . On this, the ~day of OL}/t <./ , 1997, before me the undersigned officer, personally appaared Joseph If. Hursh, Jr" known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within Instrument, and acknowledged that he executed the same for the purposed therein contained. ( ( ( SS, IN WITNESS WHEREOF, I have hereunto set me hand and seal. NC''''1111 S'lll Tommy S, 1'1.'001, NOlory Public lBn10~n. BC'JrO ell ,.,bert8nd County /.Ii CommlaBlorr r:'r'IFl.'5 Jun. 22,19\18 ~ STATE OF PENNSYLVANIA ( ( COUNTY OF ~U.M8,'1((A;VO ( SS. On this, the /lT1'i day of 4.../1 ,1997, bafore me the undersigned officer, personally appeared Christine A, Hursh, known to me (or sallsfactorlly proven) to ba the person whose name Is subscribed to the within Instrument, and acknowledged that she executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. ~~~~ '. .1' 18 [,. .II' I' ,- r' .:, , ; tul .. i,,;" (l' r:l.) ,'" '-.' , I" .', , ~1) r I!.. " ,.-; " "" ~VJ ;1\ (': .,'! LLt (, .: I 'I. r':j " r....~ :1). L' ,... , 0' ) ,,' '. . gill ~ - ~-'" ~~ ~ ~ - ~ ~3~~E S~ J~ II: C~~ ~ ~ ~ ~~ ~ ~ Q. ~ o ~ ~ E _ t: '.' . JOSBPH L, HURSH, JR" I IN THE COURT OF COMMON PLEAS OF Plaint:l.ff I CUMBERLAND COUNTY, PENNSYLVANIA I NO, {I'~ 1,//// (11.,"\ ( VB, I I t CHRISTINE A, HURSH, t CIVIL ACTION - LAW Defendant t IN DIVORCE tfQ'l.~LTIL DEFEND. AND__.~J,!liJ'L~l&!tr~ You have been sued in court, I f 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 caBe 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 rElquested in theBe paperB by the Plaintiff, You may lose money or property or other rightB important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available at the Office of the Prothonotary, 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, COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 PHONE: (717) 240-6200 JOSBPH L, HURSH, JR., I IN THS COURT OF COMMON PLBAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I 'II.. 1'1 'II C< ~J '/./A"- VB. I NO, I CHRISTINE A, HURSH, I CIVIL ACTION - LAW Defendant I IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Joseph L, Hursh, Jr" by and through his attorney, Charles Rector, Esquire, of costopou10s, FOBter & Fields, and respectfully represents as follows I 1. Plaintiff is Joseph L, Hursh, Jr" who currently resides at 2155 Rosstown Road, Lewisberry, Pennsylvania, 2, Defendant is Christine A, Hursh, who currently resides at 1076-16 Lancaster Boulevard, Mechanicsburg, Pennsylvania, 3, Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six (6) months immediately preceding the filing of the Complaint, 4, Plaintiff and Defendant were married on September 28, 1991, in Mechanicsburg, Cumberland County, Pennsylvania, 5, There have been no prior actions of divorce or for annulment betwean the parties, 6, The Plaintiff and Defendant are both citizens of the United States of America, ~ !l-., ~. \ . I .' 0~ ~ '- ........... <"", , ~l: l": J.. tS- f' .. r") ~'t'. 1,' ~ " I , .",,"'1'\ . , .~ ") u~ .. r". :::J oJ ~'--~ l ' r" ~ ~ . 1.,1 \.,), ", \..J Cl"'l 00... t ,~ , II 1 '(S-..ct:l-l'- ,I, -- ' #_',J ~ jl'! 1;-1) V:"'J t..:' l ':'.1.. ~ l, ~. 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