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HomeMy WebLinkAbout96-06228 'I ,I "I: ~' , " , , f ,iI'l H; ;',f -!" , I \ Ii ;'J' ,\iI !1~i9, ~I"t , (!i!l~ ) h ~ I' ! WI. , , \. ", " !I ", , " 'I 'J d " , !', 'Ill , " " .'1- " ,'I "'I' " " , , ( '" l~ " " .... . . .~ .. <;:) 0. ~ '" ~ " " " , /11, , ...) 0- ~, ,j! " , . 1ftuM~ 1-IIIIIIIIu.I dv.l\ III KJiV.N It. HEll "lid,. '1'.. 1},I,rn/ 'I 14' - >'"1 DB'. Sub)." {h t J J l Nu Ilu 11i..~, ./ 1.,1"" 1-,/1- -N I ''J "'. I l,tJ c: "J.L~ ~'h,r It,..- t)J I(dl~l- 'I h~hu... r. itu (.".;C(...I.. -(,~ o,,,......f.. 'tl.3 ~ /'i I ~ r""")1' 1..;/;)./ Q'1 '-o\:ct....",,,.I..., .c,,~ '1' j..l..'l.J-I (, .,i "ll,.. I '~L ') 1,.(,; , "'6 I,Cj",..l,..L~. _ l t> ,/--'" 0 .., 'J {-- P,.I/IOj ,~{ r; J--. I I", ~ f ... )' .- , I, , /)}I" d .~ .. , . , ,~ " (. , II ,l. , , .._~- .. , . ) )1 t lr, .- J (I r,-,( ~ ,{ 1/ ~ .. , ~ ~ ~. I ~. , l'l' . I ~, ~, . I ~> . , ';" ", lil; . , -.;,' ", , 'JI ", ~: ~: . , jt,'! .', ~: :.', :.; ':f, .:.: -:.;. .;.:- .:+;. -:.;. :.:- :.;.:.;. :+: :.: :.: :.' ri# :t; .foil :.:- :.: :t; ',' :.. :.;. :.: :.; :.;. :.: :.; :.;, :.: '.4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I., STATE OF r,~~;~~! PENNA. .JOIIN r:;. III\~D'l', ;'\ II. 9Cj-(i22B CIVU, '1'r:;~M plaintiff , \' I ".,11 Jr:;NNIl"E~ C. IIA~P'l', Defondant, ~' ," ,~ , r:'"', DECREE IN DIVORCE ~; ,. jf" ~' , , 1211 19 91 , It 15 ordered and . . ., plaintiff, . .. , defendant, AND NOW, may JOliN E. IIARD'l' ..,1 ~I l.', [t(: . , ~j ." ~; . , decreed that and JENNIfER C. II Alln'l' are divorced from the bonds of matrimony. ~; . , I. ,;: The cOllrt retains jurisdiction of tho following clalm5 which have : ~ been raised of record In this aellon tor whlr.h a tlnol ardor ha5 not yet " '~ been entered' None. And that the terms, provisions, and conditions . of u certain'Marriage Settlement Agreement between the parties dated~ April 11, 1997, and attached to this Decree is herebY illC;C;>rPQJ;'ated '~ into this Decree and Order by Hefercmce as. fully as thou~h. .t.he same .~ were set forth herein at length. Said Agreemcnt shall not mcrge wi~. but aha 1 survive this Decrce and Ordcr. ,Y , ~l ~l ','I ~l: l!. ~ ~ ~l ~I ~'I ~' ~I ~I ~: Il~)~", (;;';~ ^11~44Jrhrc( [' IJ.!;j(pI, 4;K:~,,~ J. .. /1 C' I I ) d (j7 / '7""~~.:'fl;, .,t/ /~/t?, ~4 (/ ...prnlhol1l1lnl'y ~. ;I, <ii' !!i' '.:.:. :~ ,.~.~:,*.:~.~.:~:.:..::~,:~:~::~,..:,.;.:,~,~,.:~.~,~:,.~:..~.~. ,~ :tti 'r ~ :~ , t~ I~ I I~ I. ~:4( I~ I. l~ !~ I. i~ , . Ii' I~ :~ /~ I" , i~ /1,' :~ , . ;~ , . .~ .. ~ ~ ,',' , . :~ ,~ .,.. 'r:'" , .~ , .' :~ ,;, " ~ ~ ~ , ~~ ",' . MARRIAGE BE'r1'LEMEN'I' AOREEMEN'I' THIS AGREEMENT, made this \\~I>\ day of ../J.~ ' 1997, by and between JOHN E. HARDT, residing at 146 16th Street, Apartment B, New Cumberland, Cumberland county/ Pennsylvania, hereinafter referred to as "Husband," Bnd JENNIFER C. HAIlP'I', residing at. 303 Hemlock Road, New Cumberland, Cumberland county, Pennsylvania, hereinafter referred to as "Wife." WIT N E S 5 E T HI WHEREAS, Husband and Wife were lawfully married on June 17, 1907 in Highland Falls, New York, and, WHEREAS, differences have arisen betweon Husband and Wife in consequence of which they intend to live separate and apart of each other I and, WHEREAS, two children have been born of this marriage, to witc Kelsey Ryan Hardt, born October 10, 1990, and Joshua Dillon Hardt, born January 7, 19931 and, WHEREAS, Husband and Wife have made a full disclosure of their assets to each otherl and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interest, rights and title in and to certain propo~ty, real and/oI personal, owned by or in possession of the said parties to either of theml and, . . WHEREAS, Husband and Wife desire to sattle and determine their rights and obligations with respect to each other, including the diapoaition and diatribution of property righta and lnteresta betweon them. NOW, 'l'HEREFORE, 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 by each of the partlos hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as followSI 1. ADVICE OF COUNSEL. Wife and Husband declare that they have each had a full and fair opportunity to obtain independent legal counsel of their selections that Husband has been independently represented by counsel, Gerald S. Robinson, Esquire of Robinson & Geraldo, and chat Wife, cognizant of her right to legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of this Agreement. Wife further declares that she is executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of her legal rights and obligations and that she acknowledges that this Agreement ia fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. '-2- 2. ~.fAlIA'l'ION. It ahall be lawful tor each party at all timea hereafter to continuo to live separate and apart from tho other Party at auch places as he or ahe may trom time to time chooae or deem fit. 'rhe foregoing provisionu shall not be taken aa an admial1ion on the part of oither Party of the lawfulneas or unlawfulness of the causes leading to their living apart. 3. Mlllli.llliJ;;N'l' ,!'Q lJf;~QruNRATf;P IN-ID~CE PECJllif;. 'l'he Parties agroe that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with r<lspect to them at the request of either party, The Parties agree that the Court of Co~"on Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decreo is entered divorcing the parties, although this Agreement shall be incarporated into said Decree, this Agreement shall not merge with, but shall continue in full force and eftect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agroe and it is the intent of each or them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3105 of tho Pennsylvania Divorce Code, the provisions of thiB Agreement regarding the -3- diaposition of exiating property righta and intereata between the Parties, alimony, alimony pendente lite, counsel feea and expenses ahall not be subject to modification by any Court. 4, PIVORCJ;;. 'I'he partiea hereto agree to entor into a mutual conaent divorce under Section 330l(c) of the Pennaylvania Divorce Code. The parties agree to execute their Affidavits of Conaent contemporanooualy with the signing of thia Agreement. 5 . OO~'U'EREIiCE, Each Party sh/lll be f reo from interference, authority, and contact by the other, aa fully as if he or ahe wero single and unmarried, oxcept as may be neceaaary to carry out the provisions of this Agreement, Noither Party shall moleat tho other or attempt to molost the other, nor compol the other to cohabit with the other, or in any way harass or malign the other, nor in any way intorfere with the peaceful existence, aeparate and apart from the other. 6. WIFE'.S DEUTS. Wife represents and warrants to Huaband that she will not contract or incur any debt or liability for which Husband or his eatate might be responsible and she ahall indemnify and save harmlesa Husband from any and all claims or demands m/lde againat him by reason of debts or obligations incurred by her. 7. HUSBAND'S DEBTS. Husband representa and warrants to Wife that he will not contract or incur ~ny debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save harmless Wife from any and all claims or demands made against -4- her by reason of debts or obligations incurred by him. Husband agreea to pay for all utility coats incurred at the marital residence pro~ated from date of separation untLl date of his departing from the residence. O. M!IT!JAlLJillLf.ASE. Subject to the prov is ions of this Agreement, each Party has released and discharged, and by this A~reement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, olaims, rights, _ u, ftds, whatsoever in law or equity, which either of the partiea had or no., has against the other, except for any and all causes of action for, ',vorce and except for any and all causes of action for breach of anl provisions of this Agreement. 9. Qllli;!,QQJJ.]ll: Of PROPER'l'Y. Husband and WIfe acknowledge and agree that they havG made 11 full and complete disclosure to the other of all information pertaining to tho Parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the Parties and, further, that the Husband and Wife VOluntarily and intelligently agree to waive any rights which they may havo to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. -5- . . 10, WAIVER OF CLAIMS AGAINST ESTATE, Excopt as herein otherwise provided, each Party may dispose of his or her property in any way, and each Party hereby waiveR and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future lawa ot any jurisdiction, to share in the property or the estate of the other as a result of t.he marital relationship, including, without limitation, dower/ courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take agaLnst the will of the other's estate, and who 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 interests, rights and claims. 11. EOUrT~ DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. (6) ~MPLOYMENT-RELATED BENEFITS. With regard to employment, each of the Parties hereto waive any interest they may have in the other's retirement, pension, or other employment-related benefits. -6- , , (b) l)EHBONAL PHQPJ:..Itl:r, 'l'ho Parlies hlwe dl v ldod between themselves, to their mutual satisfaction, all items of tanglble, personal proporty previously ulled by thom in the marital home. Neithor Party shall make any claim to any such item of tangible OJ:' personal property whethel' Ilaid itemll arll marital property or said it,emll are separate personal propllrty of lIither Party. Ilusbund llnd Wife hereby specifically waive, release, ronounco and forever abandon whatever claims ho or sha may havo with rellpoct to any personal property which shall become tho Hole and Iloparate property of the other party upon the dato of execution hereof, Should it become nllcllllsary, the partieR each agree to sign any titloR or documents necessary to give effect to this Ilubparagraph upon request. This Agreement shall constitute a sufficient bill of sale to evidence the transfeJ:' of any and all rightll in such property from each party to the other. (c) COlJNSl':I, f.EJlli. Each party agreoll to be solely liable for any and all counsel fees, costs and expenses incurred by him or her in connection with the partioll' separation and/or dissolution of their marriage. (d) MARI'l'AL DEBTS, The parties have divided between themselves, to their mutual satisfaction, all marital debts. Each shall assume sole responsibility for the repayment of their assigned marital debts and shall. indemnify and hold the other harmless for any claim made against them relativ1 to their debt. -7- w""", , ' Specifically, Husband agrees to be solely responsible for, and to pay in full the following debts and obligations I 1 2 3 4 5 6 7 8 9 1 Loyola Federal Savings York Bank , Trust company Sears Montgomery Ward Discover Card First USA VISA JC penny West Po nt FCU M.C. West Point FCU VISA NJHEAA Husband agrees to indemnify and hold harmless Wife from any and all liability associated with said debts. (e) MOTOR VEHICLES. Each Party shall retain the motor vehicle currently in his or her posseasion together with all prepaid insurance, keys and title documents. Each Party shall cooperate in immediately executing any documents necessary to effect the terms of this paragraph. Upon final payment of the vehicle loan for the 1992 Ford Tempo, title will be transferred to wife no later than November 30, 1997. Both Parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish -8- , ' any rights to seek a Court-ordered determination and distribution of marital property, but nothing herein shall constitute a waiver by either Party of any rights to seek their relief of any Court tor the purpose of enforcing tho provisions of this Agreement. 12. (,;Jil1JLQJl!.'!'.QQU.Y.lSITATION. Husband and Wife shall share legal custody of their minor children, Kelsey Ryan Hardt and Joshua Dillon Hardt will reside with Wife at 303 Hemlock Road. Wife 3111111 have primary physical cUlltody of the millor children and Husband shall have partial physical custody of the minor children as detailed below. (a) On alternating weekends from Friday at 5100 p.m. until Sunday at 6100 p.m. (b) On Tuesday evenings each week from 5100 p.m. until BlOO p.m. (c) On alternating holidays. In even-numbered years, Husband shall have partial physical custody on Easter, Fourth of July, and Thanksgiving, and Wife shall have custody on New Year's Day, Memorial Day, and Labor Day. In odd-numbered years, Husband shall have partial physical custody on Now Year's Day, Memorial Day and Labor Day, and Wife shall have custody on Easter, Fourth of JUly, and Thanksgiving. (d) For four (4) weeks during the children's summer vacation. Husband agrees to give Wife no less that thirty (30) days notice as to which weeks he has chosen for partial physical custody. (e) During the following Christmas schedulel In odd-numbered years, Wife shall have custody of the children from December 24 at 5100 p.m. until December 25 at 12100 noon, and Husband shall have -9- custody from December 2~ 8t 12100 noon until December 26 at 7100 p.m. In even-numbered ye8re, Husband shall have custody of the children from December 24 at 5100 p.m. until Decembor 25 at 12100 noon, and Wife shall have custody from December 25 8t 12100 noon until December 26 at 7100 p.m. (f) Husband shall bo entitled to custody of the children from 8100 a.m. until 8100 p.m. on Father's Day. Wire shall be entitled to custody of the children from 8100 a.m. until 8100 p.m. on Mother's Day. (g) In the event that there is n conflict between the custody schedule as sot forth in subparagraphs (a) and (b) and the holiday 3chedule, the holiday schedule shall take precedence and be the binding schedule. (h) If Wlfe decidos to relocate and the relocation would necessitate a change in the custody schedule, or if the relocation would exceed a fifty (50) mile radius, Wife shall give Husband a minimum notice of sixty (60) days so that, if desired, the custodial arrangement could be renegotiated. (i) This custody agreement will remain in effect until further order of court. (j) Husband snd Wife, by mutual agreement, may vary from this schedule at any time. (k) Husband and Wife agree that each will notify the other of all medical care the children receive while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the children are in that parent's care. -10- (l) The Parties realize that their children's well-being is paramount to any differences they might have between themselves. Therefore, neither Party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent, or which may hamper the free and natural dovelopment of the children's love or respect for the other parent. 13. ~lJ.lL1L~!lEJmBT. HUflb/lnd shall P/lY Wife the sum ot Seven Hundred Dollars ($700.00) per month for the support of the parties' minor children, ~elsev Ryan Hardt and JoshuB Dillon Hardt. Said support shall be payable from the second check of the month following the execution of this Agreement, and payments shall be made by automatic deduction from the socond paycheck of every month thereafter. The second paycheck of the month of Husband will be deposited directly by Dryden Oil Company into PNC Bank Account Number 5000640772 (Husband), PNC bank will automatically transfer the support payment of $700.00 into PNC Bank Account Number 5080534477 held by Wife. These provisions will remain in effect so long as Husband continues his current employment. The support payments set forth herein shall continue until e/lch child completes high school, becomes emancipated, marries, or dies, whichever shall first occur. Wife reserves the right to review said support agreement after a six (6) month period. 14. HEALTH INSURANCE - CHILDREN. Husband shall be responsible for and shall maintain health insurance benefits for the parties' minor children so long as he is obligated to contribute to -11- , . eaoh child's support pursuant to the provisions of this Agreement. Husband shall supply Wife with proof ot such coverage upon her request. 'rhe parties further agree that any non-covered, eKtraordinary medical and/or dental eKpenses for each child shall be divided equally between them. 15. ~EEh~. If either Party broaches any provision of this Agreement, tho other Party shall have the right, at hiD or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and tho Party breaching this Contract should be responsible for payment of legal fees and costs incurred by the other in onforcing their rights under this Agreement. 16. tlAlY~-9~BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. 8Lj'ER-ACOUIREP PROPERTY. Husband and Wife shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by hIm or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and tor all purposes, as though he or she wore unmarried. 18. ~VER OF BEN~ICIARY DESIGNATION. Unless otherwise specifically Bet forth in thi~ Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation -12- , ,. which belongs to the other party under the terms ot this Agreement, inclUding, but not limited to, pensions and retirement plans ot any sort or nature, deferred compensation plans, lito insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoJ(o by the terms ot this Agroement any bonefi~iary designations naming tho other which are in effect as of the date of execution of this Agreement. If and in the evont the other party continues to be namod as boneficiary and no alternate boneficiary is otherwise designated, the beneficiary shall be deemed to be tho ostato of the deceased party. Notwithstanding tho foregoing, however, in the event that either party hereto specitically designates the othor. party as a benof.iciary after the date of execution of this Agreement, than this ~aiver provision shall not bar that party from qualifying as such beneficiary. 19. ADDR~SS Of PARTI~Q. As long as any obligations remain to bo performed under this Agreement, each party shall have the affirmative obligation to keep the other informed of an address where he or she can receive mail, and shall promptly notify the other of any change in that address. 20. ~~IR~ AGR~~M~NT. ~ach party acknowledges that he or she has carefully read this Agreement and that this Agreement contains the entire understanding of the Parties and there are no representations, warranties, convents or undertakings other than those expreSSly set forth herein. -13- , " . , " , 2l. MODIFICATION AND WAIV~R. The modification or waiver of any of tho proviaiona of thia Agreement shall be effective only if made in writing and executed with the samo formality as this Agreement. The failure of either Party to inaiat upon strict performance of any of the provisiona of this Agreement ahall not be conatrued as a waiver of any Bubaequent default of the same or Himilar nature. 22. AGRr:;I::M~:N').' IHNIHNG ON PAWl'H~D ImIRS. 'l'hia Agreement shall bind the parties hereto and their reapoctlve heirs, executors, administrators, legal representatives, assignB, and aUCC~Bsors in any interest of the parties. 23. DESCRIPTIVE ImADINGa. 'I'he descriptive headings used herein are for convenience only. They shall have no effect whatBoever in determining the rights or obligations of the PartieB. 24. INDEPENDE:N'r SEPARA'rE COVE:NANT. It is specifically understood and agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreemont. 25. SE:VERABILITY. If any provision of this Agreement iB held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining proviBions hereof shall neverthelesB survive and continue in full force and effect without being impaired or invalidated in any way. 26. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) yearB from the date of their divorce -l4- . , . . , . ~ I I decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tall audits. 27. APPLIC^aLE~. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of ellecution of this Agroement. 28. OAT!;; OF EXECUTION. The "date of ellecution" or "ellecution date" of this Agreement shall be defined as the datra upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 29. VOLUNTARY EXECUTlQ1i. Husband and Wife aclmowledge and represent that the provisions of this Agreement are fully understood by both Parties and each party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. -15- JOliN E. HARDT, Plaintiff , IN 'l'HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-6228 JENNIFER C. HARDT, Defendant. CIVIL ACTION--LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the prothonotaryr Transmit the record, together with the following information, to the Court for entry af a Divorce Decreel 1. Ground for divorcer irretrIevable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaintr by certified mail, restricted delivery, return recelpt requested on December 23, 1997. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Codel by Plaintiff on April 8, 1997, by Defendant on April ll, 1997. 4. There are no related claims pending. Respectfully Submitted, ~~'.,~ ROBINSON & GERALDO Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff. B. The Plaintiff ha$ been advi$ed of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. 9. Plaintiff avers that there are two (2) children to the Parties under the age of 18 to witl Kelsey R. Hardt, born October lB, 1990, and Joshua D. Hardt, born January 7, 1993. ~'r. lI--EOUITA13LE OISTRIRUT1.Q1i 10. The Plaintiff incorporates by reference Paragraphs 1 through 9 of the Complaint for Divorce as fully set forth herein. 11. During the marriage, Plailltiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Penn$ylvania Divorce Code of 1980, 6$ will be fully Bet forth in the Plaintiff's Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 12. Plaintiff and Defendant have been unable to agree aB to an equitable division of marital property. COUNT III--CUSTODY 13. The Plaintiff incorporates by reference Paragraphs 1 through 12 of the Complaint for Divorce as fully Bet forth herein. -. 14, There were two (2) children born during this marriage, t.o witl ~elsey R. Hardt, born October 18, 1990, and Joshua P. Hardt, born January 7, 1993. 15. During the past flvo (5) years, the children have resided with the following persons and at the following address I John I;:~~.~n ~~d J\ddregfl sep~r 1991 1725 Weather ~rn Drive Jennifer Hardt New CumbElrland, PA to March 1992 Jchn Hardt and 409 Miller Avenue March 1992 to Jennifer Hardt New Cumberland, PA September 1994 John Ilardt and 303 Hemlock Road September 1994 Jennifor Hardt New cumberland, PA to June 1996 Jennifer Hardt 303 Hemlock Road Juno 1996 to Ne~1 Cumberland, PA Present 16. Tho Plaintiff has not participated in any capacity whatsoever in any other litigation concerning the custody of the minor children in this or any other state. 17. The Plaintiff does not know of any other person other than the Defendant herein who claims to have custody or partial custody rights with the minor children. 18. Tho Plaintiff submits that it is in the best interests and welfare of the minor children that the parties enter into a Custody Agreement and Order with r~gard to the custody of said minor child. .~ >- > ~. I" ~ I.h .,?, r- ).1, ',~) _1;, ..~ 1;:1 , 1'" m~" ~", 'J:;: r: ) .r..~ ....... ' .....: I 'l ;~.I ('t'l <" .; <lj ~f, _ 'C-iJ '. '1'1 ::--' "II . D.u.1 C ,1)0- Fe ::I; , . 1]" '0 1.:5 <.J (j~ .) ~ ~~ ~ ..... ~ ~ fu ~ ~ ~ ,.. ~ .... IV") ,,~ b ~ -- ~ 1\") '" '~ V<::) ~@;~ ROBINSON AND GERALDO C NSULORS ^T LAW ArrollNlvs AND c)U PtNNsVLVAN'A 17110.5320 P.O. Box 5320, HARAlS8URC, (717) 232.8525 " I " : I i I, ili . . g li-d ~~.~ ~c\d~ ~d~l t ~ ..~ ~,,~' ~ ~~ \.JJ~ l.'4 .~ ~ 8 J< ~c5 ~ ~ 1 ,~ CERTIFIED TRUE 'AND CORRECT C.OPY JOHN E. HARDT, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'rY, PENNSYLVANIA v. NO. 96~622B CIVIL TERM JENNIFER C. HARDT, DGtendant. CIVIr. AC'rION ~ LAW IN DIVORCE CERTIFICAtE OF SERVICE I Michelle B. StokuB, EBquire, do horeby certify that on the 3rd day of December, 1996, I oauBed a true and correot copy of the Complaint in Divorce to be served upon the followinq individual by depositing same in first olasB, United StateB mail, postage prepaid, in HarriBburq, Pennsylvania I Jennifer C. Hardt 303 Hemlock Road New Cumberland, Pennsylvania 17070 dJ;y/A .,~(:C" Ih~l'lf{ ~o~s Marsh';;tr; Esquire ROBINSON & GERALDQ Attorney 1.0. No. 76272 4407 North Front Street P.O. Box 5320 HarriBburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff t ''-. '- JOHN E, HARDT, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I I v, I NO. 96-6228 CIVIL I JENNIFER C, HARDT I I Defendant. r CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR REINSTATEMENT OF COMPLAINT To the Prothonotary of Cumberlend Countyr Kindly reinstate the complaint in the above captioned matter. Respectfully SUbmltted, By (l~~J2.jJZ?i1 ~'--" Gera . 0 1nson, Esquire Attorney I.D. No. 27423 ROBINSON & GERALDO 4407 North Front Street P.O. Box 5320 Harrisburg! Pennsylvania 17110 (717) 232-11525 Attorney for Plaintiff Dater December 11, 1996 JOliN I!:. HARDT, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1~ ?)J:r f/1'l.l~t JENNIFER C. HARDT, Defendant. CIVIL AC'rrON-- LAW IN DIVORCE NOTICE TO CLAIM Rr~ YOU HAVE BEEN SUED IN COUR'!'. I f you wish to defend against the claims set forth in the following pagosl you muat take prompt action. You are warned that if you foil 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 1udgment may also be ontered against you for any other claim or roliet requested in these papers by the Plaintiff. You may 106e monoy or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce io indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is availablo in tho Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER' 5 FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMEN'l' IS G1U\N'l'ED, YOU MAY LOSE '!'HE RIGH'1' 'l'0 CLAIM ANY OF '1'HEM. YOU SHOULD 'l'AKE '1'1115 PAPER TO YOUR LAWYER A'l' ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH llELOW TO FINO OUT WHERE YOU CAN GE'l' LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator's Office Cumberland County Courthouse, 4th Floor One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 (i . .., f'" '. . " -"--, '1 ! r 'J , : " , I ~ . : ., :q {"i . 'II ;, ..> . , '.'1 . 'oJ In ... JOHN E. HARDT, I IN THE COllRT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , I I v. I I NO. JENNIFER C, HARDT, I I Defendant. I CIVIL ACTION-- I LAW IN DIVORCE COMPLAINT IN DI~~ COUNT I DIVORCE UNDER SECTION 330lCCl OF THE DIVORCE COD~ 1. Plaintiff is JOHN E. HARDT, who currently resides at 146 16th street, Apartment B, New Cumberland, Cumberland County, Pennsylvania. 2. Defondant is JENNIFER C. HARDT, who currently resides at 30,1 Hemlock Road, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide reaident in the Commonwealth for at least six (6) months immediately previous to the filJn9 of this Complaint. 4. The Plaintiff and Defendant were married on June 17, 1987 in New York. 5. There have been no prior actions of divorce or for annulment between the Parties. ~. The marriage is irretrievably broken. 7. Neither Party is a member of the Armed ForcGs of the United States or any of its allies. B. The Plaintiff has been advised ot the availability ot counseling and that either Party may oompel the other by Order of Court to attend caunseliny b~bs!nn~. 9. Plaintiff avers that there are two (2) children to the Parties under the age af 18 to witl Kelsey R. Hardt, born Ootober lB, 1990, and Joshua D. Hardt, born January 7, 1993. COUNT II--EOUITABLE DISTRIBUTION 10. The Plaintiff incorporates by reference Paragraphs 1 through 9 of the Complaint for Divorce as fully set forth herein. 11. During the marriage, Plaintiff and Defendsnt have acquired various items of marital property, which are subject to equitable distribution undor Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiff's Inventory and. Appraisement to be filed pursuant to the Pennsylvania Rules ot Civil Procedure. 12. Plaintift and Defendant have been unable to agree as to an equitable division of marital property. COUNT III--CUSTODY 13. The Plaintiff incorporates by reference Paragraphs 1 through 12 of the Complaint for Divorce as tully set forth herein. , 14. There were two (2) children born during this marriag~, to witl Kelsey R. Hardt, born October 18, 1990, and Joshua D. Hardt, born January 7, 1993. 15. During the past five (5) years, the children have resided with the following persons and at the fOllowing address I John ~ Jennifer Hardt John Hardt and Jennifer. Hardt John Hardt and Jennifer Hardt Jennifer Hardt Adl1reu 1725 Weatherburn Drive New Cumberland, PA 409 Miller Avenue New Cumberland, PA 303 Hemlock Road New Cumberland, PA 303 Hemlock Road New Cumberland, PA sep~:~g:r 1991 to March 1992 March 1992 to September 1994 September 1994 to June 1996 June 1996 to Present l6. The Plaintiff has not participated in any capacity whatsoever in any other litigation concerning the custody of the minor children in this or any other state. 17. The Plaintiff does not know of any other person other than the Def.endant herein who claims to have custody or partial custody rights with the minor children. 18. The Plaintiff submits that it is in the best interests and welfare of the minor children that the parties enter into a Custody Agreement and Order with rogard to the custody of said minor child. JOHN E. HAJ{DT, IN ~HE COUJ{T OF COMMON PLEAS CUMBEJ{LAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 96-6220 CIVIL ~ERM JENNIFER C, HAJ{DT, Defendant. CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT l. A Complaint in divorce under Section 330l(C) of the Divorce Code was filed on 2. The marriago of Plaintiff and Defendant is irretr.ievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to tho entry of a final Decree of Divorce. 4. I 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statemonts herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities. Datel 1/~/?7 G..f.,. ~ JOHN E. HARDT, Plaintiff., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 96-62~8 CIVIL TERM JENNIFER C. HARDT, Dafendant. CIVIL ACTION-LAW IN DIVORCE Afl~IT OF CONS~TO DIVQECt MiD NONt>AJ3ITClU'!'.lQlLlIi.!;.QlJNI3ELI,N.!J l. A complaint in Divorce undar Section 330l(C) of. the Divorce Code was filed on the 12th day of. December 1996. 2. Defendant acknowledges that service of the Complaint was made by cortified mail on the 23rd day of D~cember., 1996. 3. The marriage of Plaintiff and Defendant is irretrievably broken and nin~ty (90) days have elapsed from the date of filing the complaint. 4. I have bElen advised of the availabJ.lity of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not requast that the Court require counseling prior to a Divorce Decree beJ.ng handad down by the Court. 5. I consent to the entry of a Final Decree of Divorce. 6. I under.stand that if II claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of. a Final Decree 1n Divorce, the right to claim any of them will be lost. JOHN E. HARP'V, IN TIm COUR'l' OF COMMON PLEAS CUMBERI,ANP COUNTY, PENNSYLVANIA PlaintUf I v. NO, 96-6228 JENNIFER c. HARPT, Defendant, CIVIL ACTION--LAW IN DIVORCE WAIVER OF NO'l'ICE OF IN'l'ENTION 'va REQUEST ENTRY OF A DIVORCE DECR~E UNPER SECTION 3301lCl OF-IHE DIVORCE CODE 1. I consent to the entry of a Final Pecree in Divorce. 2. I under.stand that I may 10813 right concerning alimony, division af 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 ill tiled with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that talse statements herein are made subject to the penalties ot 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities. Datedl ~ .Af:. ;i;JJj-