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Home My WebLink About00-00993 . ,~.. 'u', "_. . ,-".~ .~,-~. "-~. '-'~~'''''- -"",.--< .'~ ".'"", "I' MARLIN EUGENE HAMILTON, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ~dOO. 'f'{~ CIVIL TERM LUCINDA KAY HAMILTON, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1- \~ t day of V'121 u L 2000, upon consideration of the attached Stipulation, custody of the minor child, Diane Mae Hamilton, born October 11, 1984, age 15, is as follows: 1. The parents will have joint legal custody of Diane Mae Hamilton. 2. The father, Marlin Eugene Hamilton, Jr., will have primary physical custody of the minor child. 3. The mother, Lucinda Kay Hamilton, will have periods of temporary physical custody of the minor child as the parties agree is in the best interest of Diane Mae Hamilton. By the Court, J..~ ~,~'~~ ~ '~' ""I , il 'I Ii ,I !I " I I ii i! !I I, II I i I II ,I :1 II " ii , ill" F\LED-()fHCE 0- ." ,,- '-"")~' "",'O"'RY r 11'"',:'.", :--";-',< ;n'J!~\' '1,.\ 00 H~R 22 PI; \: 50 CUMBE.RLi\J'-lD COUN1Y PENNSYLVAi'lIA MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ~()()O-tjq 3 CIVIL TERM LUCINDA KAY HAMILTON, Defendant IN CUSTODY CUSTODY STIPULATION .... AND NOW, this /5 day of March, 2000, the parties, MARLIN EUGENE HAMIL TON, JR. and LUCINDA KAY HAMIL TON hereby enter into the following Custody Stipulation regarding their minor child: 1. The natural mother is Lucinda Kay Hamilton, an adult individual whose residence is c/o Pat Miller, 229 Lincoln Street, Carlisle, Pennsylvania 17013. 2. The natural father is Marlin Eugene Hamilton, Jr., an adult individual residing at 247 East Louther Street, Carlisle, Pennsylvania 17013. 3. The parties are the parents of one (1) child, namely, Diane Mae Hamilton, born October 11, 1984, age 15 years. 2 ^'~- -~-, '-." -,---"-"",--- -"., --~.--' ",' . '-- "'-"" - - ",.,_'_,_ "<", -_._ _ _," -.,", ';'_"':"_5:'''';''''~'''1'~'~~"_' -,.-- -, ",', I , ! i I ! I 4. The parties have agreed to share legal custody of their minor child, Diane Mae Hamilton. 5. The parties have agreed that father, Marlin Eugene Hamilton, Jr., shall have primary physical of their minor child, Diane Mae Hamilton. 6. The mother shall have temporary physical custody of the minor child at times which the parties agree is in the best interest of the child. Intending to be legally bound, the parties enter their hands and seals the date first set forth above. WITNESSETH: (SEAL) ~~#~EAL) LUCINDA KAY HAM TON 3 .-. ~ d ~ C) :w: 1:tl" ~EB > ::v ~; enS; 0- :rr ~a ~ ~. ,', ~ )>8 Sl 2 N ~ :< Q\ .-'-.' ,^__<. -' _.',~__~~_ _e'~",""' "e. ,,", _ --. .- " . SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: June 7, 2000 DOCKET NUMBER: 2000-993 Civil Term PLAINTIFF~ SS# 191-46-4160 NAME: Marlin Eugene Hamilton, Jr. DEFENDANT~SS # 182-50-7690 NAME: Lucinda Kay Hamilton J. , ''',]i . ". ~',- . -~",_;- ',>Ii '" I ' _ ._, ' ,'" ~",'L.ol,~_ ~"'", -j. ',"ro';' " " , - " '<"'_o'_~ _:I;'~_~i :--;",..=.; ,,",,;; , ',,,, .' ," ,. .. :;::3>>'::')::.~~:;')";(':~!"X':::~-::.:!~J.~:~~::-X.X~~::Ci()::C<X*;:;::<C:<'X<<~:;:)~r-)::.X)":!:::1~::C(X*;?;:!::C~:::,)3tt(:::!::.:~::.i.*:t1~::C<~jf3&'N.~J!::C!$:~~~~:f::CK~~~~:::;:_:]{c:!W..&'tc. * . ~ . '}i ~ ~ ,"-, ~ M 4 ~ ~ '-'. ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ /i ~ OF CUMBERLAND COUNTY ~ Ii ~ '".,", M ~.~ N ~ ~ !l'i ~.S * ~-.,~ ~ ~.; ~ ~ 'v' M ~.~ ~ rts , ~Yi ~ ~.~ ,"" I ~~~ -,.,,' * ~.~ ~.~ , 'if . ~~ ~ ~:~ ~ ~ l~ ~ . ~~ ~i ~ ~.~ ~ ~.~ ~.S ~ ~~~ ~ ~.~ ~ i ~.~ ;..~ ~ ~-." t~ , ~ ~ ~ . STATE OF PENNA. .,~LIl-l.F;ll(;F;t'lF;,.IIAtl]:J~TOl'l.,.JR" ".,. .."" u ,. ,..u ..... N 0, ..2.~.~.o.::9.n..CI\T~J:....!~.R.l1 CIVIL ACTION - LAW ul'l"ill,tJKL Versus .. X,\1CJNl),'I, .l\;\'(, fu\NJ:J/1;Q)'l".,.,.. IN DIVORCE Defendant .__.u_un..u __.n_u_______ ____.__ __u_u.....u.u_..u DECREE IN DIVORCE ,.... AN D NOW, . . . . .~ \-VI. (:.., . \ -? . . . . . . . . . . . , 2000 it is ordered and ... '.-J" decreed that. .. .. . .. ~!o.I!'l. ~!1.G.E!'l.E. .~I.L.T'O.N.'. .J.~.. . . . . .. . ... . . " plaintiff, and................. .Iol!ql'lIi.t}.~'!.~~Io~i?l'l..................., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The Marriage Settlement Agreement dated March 20, 2000 and signed by the .......................................................................... , y~~~~e~ .~~ ~~~~~~ .~~~~~~~~~~~~ .~~~~ .~~~~ .~~~~~~~.~~~~~~~.~~~.~~~.~~~~~~:.. ~'S ~ i " ~ - 1..........-........ ................. ';-_i:'_,_.' _.......__""'". -__"',"_' _""',." ~.~ ~ ~ ~ ~.~ ~.~ ~ ~ ~.~ ~ ~~~ ~ ;..~ ~ "'~"' M ~.~ ~ ~.~ ~ ~ k ~ ~.~ ~.~ , ~ ~ ~ ~.~ ~i ~ t',- ~ ~.~ ~ ~.~ ~ ~~~ ~ ~ ~ ~ ~.~ i ~.~ ~ ~.~ ~ ~.~ ~ ~.~ ;.; ~ ..+,; J. ~ .,. ~ '.' " G Ii [, f' f'; ~; r; " :' " i' I, i: ,I I, !: Ii ~ , !' i Ii " i: i~ ~ ~.~ ~.~ ~ j v:,. -':l'l :!:;, >*::(-:-.:C":. .~:.:C(-:;_:~ :".:C( :::.:+;( :::0::.>< >'::+x: :.,::.::~::: )::.::0::. x.::.;:: -".::+::"': .:;.::.::.... ::-::+::.::: :::-::+::+;;:::-::+::...: >::+::<x.::.;;: :;.::.::< .:.,::.::.,: ::,::"::-,::)::+::< )::.::~;: , - -. ,~.......~- - .~- -". & -Itlc2J 6.;)':' CJtt? , ~~ . ~. r~. ,. '" '$ ..." .... a/-~~~4~c~ ~~~~. "- '-":~"f"':---_r--.., ,,~, __,~, ,1. ,-,. ,-. ~_ _"''f'~~_,_~,~~~mJ!lll _ :.,.... 'FI !I!Ul ~ ,:::~'::~::/:"-" . _c,,~__,,",_"_' -".'--. _,,_~~~.._,_ .-'--'~-'_",,'~_.e' ' _,:' r.-. '"'_"'~~"_ ".~''-;p; _, _._,:",_~ '.",., '~"-i,_",_",_',j~""", ,-','; "rM-~:: ,. , , MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ;;10" day of March, 2000, by and between LUCINDA KAY HAMILTON, (hereinafter referred to as "WIFE") and MARLIN EUGENE HAMIL TON, JR., (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 19, 1984, in Carlisle, Cumberland County, Pennsylvania, and were separated on January 7, 2000. HUSBAND filed a divorce action in Cumberland County, Pennsylvania, on February 22, 2000, docketed at 2000-993 Civil Term. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. """,,;,;.;''1 L ~: ~i 1:1 tJ ~i ~ , if; ~; C' ~ ,;i " ii Ii t t! " , ['j ~" ..~, ~< ..<< <'. '<<""~"" , -~'''''-'.-" -~ - -,~- _"'_'.' ",~, -",'-",,,,~ .,'.'~m'.';;>> ..00-'_" ...u' >' 1"...cd-rCC- ,.,;" _.~ , " ""'-~i~ , 3, Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall " ii 11 'il ~i :i ; i:!i 1'1 :< molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. 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. It: , :t ,; :j! 4. , J ,[ The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other, , ~I 'of :;: '! The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby, Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision ofthis Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 'i :[ ;1 2 n_ ~ ~ _~ ~~_ .,= -'__'''''r'''''''''_'^' ",ow. --,^"'''.'.-,'.,. .1h"'-",'. ,}' ""',<~-~" ;;.,,-,--, -'-"-,""-.'I~~+">'i-- 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marnage. 3 .~- - , .J ,h_~'-'_"" ,. -,.- ,'.iAI,",., "~_-o.,-A ,,"-, -."',,'.,h,,-,,,'c.-..c~__'_'1 ,:,,,-,,,',~ ~ 'c 7. REAL ESTATE: WIFE agrees to convey by deed her interest in the marital home located at 247 East Louther Street, Carlisle, Pennsylvania 17013 to HUSBAND. 8. MORTGAGE DEBT: The HUSBAND agrees to pay the mortgage with National City Mortgage and hold WIFE hannless and indenmify her from any payment from said mortgage. 9. SUPPORT: HUSBAND will not provide spousal support to WIFE, and WIFE will not supply spousal support to HUSBAND. They each waive any right and claim to spousal support, alimony pendente lite and alimony after the entry of the Divorce Decree from the other spouse. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any Life Insurance Policy; d. His deferred compensation plan with his employer; e. His 401(k) retirement plan with his employer; and f. The real estate in HUSBAND's sole name. 4 <---.'-j WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. The life insurance policy upon the life of the WIFE; and d. Her employee benefits from Amstan Trucking. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. WIFE agrees to waive any and all interest which she may have in HUSBAND's 1988 Toyota Forerunner. b. HUSBAND agrees to waive any and all interest which he may have in WIFE's 1998 Chevrolet Malibu. 5 ,--.,. ;-.' . - "---"~~ ="" - ,'"~~- ..,.~-,. = --, ,,-~ .'~. ~< ~-""'~' 1'"",<..hM~~-'''_ " ; "~.",_., 12. MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies her for any claims regarding the outstanding income taxes. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. WIFE agrees to pay the automobile loan for her automobile at Members First and hold HUSBAND harmless from said payment. Within thirty (30) days, WIFE agrees to refinance said automobile loan. 13. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies except as otherwise stated herein on the life of HUSBAND or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be his own. WIFE waives all right, title and claim to HUSBAND's employee benefits. HUSBAND waives all right, title and claim to WlFE'S employee benefits, including but not limited to retirement, profit sharing and medical benefits. 6 ,- - -,<, ..~- " .... ""N...'..... ._....N. ... ,.._.. . .. 0'. 14. BENEFIl'S AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. 7 - - -.-- ~- , ~ - - ,- _'n __~~ _, _".~ ,""~ "'<, ',"_~ ,'""_~ "",_- -- .-"''',,",,-.0 ';'~-' ',.,"', ,c, ,_ _ ':-.. -_~" -"_'" 17. INCOME TAX EXEMPTIONS AND INCOME TAX BENEFITS & OBLIGATIONS: The parties agree that HUSBAND will be entitled to use the minor child as income tax exemptions for 1999 and thereafter. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 8 _,__ o_~__ ... .<.. .. .... ........ ., .......... ~..... ....,... 21. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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 interests, rights and claims. 9 ~--, '-~"- ---,--.~ <,'~'--",,'~""""--~~'- "-~'''''~,"".-"' ----"''':" -- - -~-~'" -^'.~,~ - .'~ '--~'~"""~~''''-~.'"..<>".~=-.~.--'~--''">"'' ~ --".. ." -~--~-- . ''''"'j:- IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: #Lj{~1( ~:--tf ~ ~EAL) LUCINDA KAY HAMILTON /#:JL d4EALl MARLIN EUGENE HAMILTO , JR. 10 - -~--- u _,~, O'"_"_'k>_~__"~~"~" _=='>~'_""-' _. 'o__'~"~"'~ .~ ....... . '-'-,:"'-,~; COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this;;V day of March, 2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, LUCINDA KAY HAMILTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 2 0 ~ day of March, 2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, MARLIN EUGENE HAMILTON, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Martha l. Noel, Notary Public Carlisle Bora, Cumbenand County My Commission Expires Sept 18,2003 Member. Pennsylvama Association of Notaries '{~~.4t~ 11 FiLED-Or'FICE O~ 1" :r '~'-'^'''', "\r 'f''-'RY J- ,.-".. 1_,'[,; i;!'''I''':_)''I'' I ",,_ r . <.,'" "",1-,__, "\j 00 JUN-8 8:1 9: nn ..l. ..., (;;'"1''''''' ""'c'-'-'JN~f . UJI, ~,J';"''')i 10 \'i \ i \!, !' hj~~,.~. ''-I -' ,.....J '-"u~. I . 1 PENNSYLVN\IiA -~--- ~ _ T,- ~_" ," ; _,',? ' - ,- ~ _"0, >~_,' '., .. ..'", '" ~ " ~ .'Il~ MARLIN EUGENE HAMILTON, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA v. CIVIL ACTION - LAW 2000-993 CIVIL TERM LUCINDA KAY HAMILTON, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the conrt for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2, Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Lucinda Kay Hamilton, on March 2, 2000, by certified, restricted delivery mail, addressed to her c/o Pat Miller, 229 Lincoln Street, Carlisle, Cwnberland County, Pennsylvania 17013, with Retwn Receipt Nwnber Z 013345763, 3. Complete either paragraph (a) or (b), (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: May 22, 2000; by defendant: June 5, 2000, (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4, Related claims pending: NONE. 5, Complete either (a) or (b), (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: May 23, 2000. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 7, 2000, ~' ,~ "~ .. _,w'_ _'" l,_,; " -c',____ ,-, ~ ''''-1 (") <:::l 0 C 0 ." -~ .----i :'>.. ~ -ocr:; c ~f~ ;!2 [l1fT1 Z ZT _J I ~-g83 :z: t:;:'-~ (f).,,---~ (;0 :~-:~~Cj -</ ~o """ : l==i=i :t>C) -'4 Qo 20 '-0 ({-Srn Pc:: ~ 2 --< -< W -< ~j '~'t--" " -, ~ -r ",-- -- --~ "",.-' ~,' -',.~>'- --=.., o,...""",,."~ ,,,:-,,~, ",~,-';:--,''-'~t'"'~'''-,"0''',;J",,,-'",,' ,,';-- -'. ;:, L; MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ,;J 000 - 993 CIVIL TERM LUCINDA KAY HAMILTON Defendant IN DIVORCE NOTICE 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 in 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 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, Carlisle, Pennsylvania 17013. 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 . -~, ..,--,=-- '__~ "_ ", _...-~~.".."~- ."". v.. . <"",~"~'"^-n'_'_"'~"'"~''"''''';''H'''"",'''<'~""~"C".."'~-___, >_".0 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. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. , , . " ~~.,~ ~= MU ~"--~.'-~i MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW fZ.bfJv - <7 V- CIVIL TERM LUCINDA KAY HAMILTON Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF J:.!:m DIVORCE CODE NOW comes the plaintiff, Marlin Eugene Hamilton, Jr., by his attorney, Marcus A. McKnight, ill, Esquire, and files this Complaint in Divorce against the defendant, Lucinda Kay Hamilton, representing as follows: 1. The plaintiff is Marlin Eugene Hamilton, Jr., an adult individual residing at 247 East Louther Street, Carlisle, Cwnberland County, Pennsylvania 17013. 2. The defendant is Lucinda Kay Hamilton, an adult individual residing at 229 Lincoln Street, Carlisle, Pennsylvania 17013. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 19, 1984, in Carlisle, Cwnberland County, Pennsylvania. - ~- , 5. There have been no prior actions of divorce or for annulment between the parties. 6. There was one (1) child born to this marriage, namely, Diane Mae Hamilton, born October 11, 1984, age fifteen (15) years. 7. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party bas the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: ight, I, Esquire Attorney for P . ti West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 Date: 2000 -- ~ -, ,-- "0 "~ __ _'} VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~?~ IN EUGENE HAMlLT N, . Date: 1-;/(' I .2000 -~,- - - ~ ~ ,-."", -~, -~" -, ',- J MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ;t V"171J - 993 CIVIL TERM LUCINDA KAY HAMILTON Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/;, I ,2000 - c Co ~ ~, ,^-- -. , ~ (; ~::: ; ( )~s~ ~< < -"..I -,"--",,< a o -." ,~;J '.~."; o T, .,-1 i ,- -n '1-'0..;;;' -:Lg :~;1," '- J' ~~} ::J:J --< r:-3 ~-,..~ S>} :.'1 ..\:.'. ~ ~ ~ ~",.' -~ '"... -- I""-"'-';.'"~~'_~ _~ , ,_ _, ~"_,,___f.(;__,,~-, MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-993 CIVIL TERM LUCINDA KAY HAMILTON, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 22,2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights conceruing alimony, division of property, lawyer's fees or expenses if! 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 statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 5 - ~1.... ,2000 IM.~~M ~ ~~ -[I i i J n C"J (") ~: (::::J -11 -,~ 00' -rJ ::";"- ",,-,.. (-,--' :;-::a ,. " ~~ f~;. - -" " F r'; 1"'" 'Tl ciS -,-, C,..) '7 ""-- ,,) -< t ::--:! ~? s: ~.., , " 5 ., 1_-' -",~ (') '-"' :2: -:,:.." ~; C~ rn L_ Z..: ~ ___I -< .;:- -< ,_.' .-. ,- "~~~ ~,.--~. <" '~'~~=_~"~~-'~~~>,",,,_,>_ "~_"''''''''wl'''''~^=__''">_'''''''''''--'_.._ ~>_ MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-993 CIVIL TERM LUCINDA KAY HAMILTON, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on February 22, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Dllte: JiJ J'1 f' sf:!1. ,2000 LAL'~ a I/J~ LUCINDA KAY HAMILTON () 0 ,- c CI ~1 ?; '- ::.::l -n(J:) <= :'h:Jd [Dr"!l -""... z--- "'''''.- -':"I~ -_....l.: I 2:r;::: CO c'9 o:? ",; rl~ ~r~-:: :J~ <...~ PC' :i': Q,') ;?;C; CO ,;~;. fT, Pc U )';! ~ ,:n :0 t.O -< o~_ ___=o_~,' .;.-,'< ^- ~~_"_'''__ ,'.-,__,.'o;;j MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-993 CIVIL TERM LUCINDA KAY HAMILTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~-/t1... ,2000 :U-~~pM ARLINEUG EHA ILTON, . Plaintiff 0 c> 0 c 0 -n -0 (1.":- :;:: ..., T:-i-'P- [T1 ~~-; ~...:: ;1\ " L_ p;;:; -"::" ~'" 1"7\ en -,--. (.0 t'J ", b ~ ~'::'-~ ~--i ~:: -::,:;: ''''f. e" :-~) -n. 0 , , :Z- ion .v. C~..- C) -::.:1 :::-3 :Xi -- .i:>- '< ~ MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-993 CIVIL TERM LUCINDA KAY HAMILTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -r'Vl\J.-O"1!l- , 2000 ~~t7~ LUCINDA KAY HAMILTON Defendant Illlir' .., ~ (") 0 0 C Cl "TI S L -'-'j -OCC c: ;-"!; .; n1m -~ "ilp Z::CJ ~.- I -.[1rn Le- e:> ::.00 (0:2: '?(~ rs-, ;x:=+; <'-- ;x,.. p: - 9('') zO ~ >8 ~--rrl co g Z ,=> >' :< ;;a 0 -< "- J -"".'<- - ~'~"" ",- :.'C' -"~,--~'k_' '~" -~ ,';',;;.'" ,s:- ,- .,-", ,- ""',2-'-:;".1"~';;;"'i;(,,,,"~ ^ " 'Co'- < '. ','<;;,;j MARLIN EUGENE HAMILTON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-993 CIVIL TERM LUCINDA KAY HAMILTON, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 'J].M..L ,~ , 2000 ;i~L /l( /JIJ LUCINDA KAY HAMILTON () 0 0 c: 0 7, s.: '- ----I -OeD c::: ~tll7:.i mn-, :;~ 2.::1:, , ~n8 21:::: ~;?; CO ~ "<') i ':,3Q ~L' ;:loo e!;-\l ~(') :.:;;: ~O '"' ;Srn 5>'1....-' 'f? C -'-I Z ::J ):. =< :q (;:) --<: ,_ ,_ .'_, ~" . "'''-'--"''", ',- L.,~ _ ~ .. ... . . t ~ . MARLIN EUGENE HAMIL TON, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-993 CIVIL TERM LUCINDA KAY HAMILTON, DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(l)(i) COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND AND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That he served a certified copy of the Complaint in Divorce upon the defendant on March 2, 2000, by certified mail, "restricted delivery" addressed to her at 299 Lincoln Street, Carlisle, Pennsylvania, with Return Receipt No. Z 013 345 763. 3. That the said receipt for certified mail is signed and is attached hereto and made a part hereof. 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 1 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Marcus A. Attorney fo Date: March 6, 2000 '" - ... . . Z 013 345 763 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Interne 1al Mail See reverse entto . MS LUCINDA KAY HAMILT '10&~rMILLER CARLISLE'PA 17013 POSlage $ Certified Fee Cl .,... Whom & Date 0e6vered 'il. Retum Receipt Showing to <( Dale, & Addressee's Address o CI TOTAL Postage & Fees $ <Xl (I) Postmark or Date E HAM (L HAMILTON, MARLIN Ul "- .' c- ,17 \ L\ 0 1,11-5 (,,17 ea; SENDER: 'tS . Oomplete items 1 and/or 2 lor additional services. 'in . Gpmplete Items 3, 4a, and 4b. Q) . Print your name and address on the reverse of this form so that we can return this f! .. card to you. Q) . Attach this form to the lront of the mailplece, or on the back if space does not ! permit. . Write "Return Receipt Requested" on the mailpiece below the article number. Q) . The Return Receipt will show to whom the article was delivered and the date :5 c1eUvsred. 6: 3. Article Addressed to: 'D ~ ii E 8 MS LUCINDA KAY HAMILTON . C/O PAT'MILLER . 229 LINCOLN STREET CARLISLE PA 17013 ~ ::J o '" .!!! I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address ~[l[ Restricted DeliveiV Consult postmaster for fee. 4a. Article Number oj u '1: .. Ul 1i. 'iij u .. Z 013 345 763 ~ " 4b, Service Type 5 "" ;; o Registered ... Certified ~ o Express Mail 0 Insured g' o Return Receipt for Merchandise 0 COD .~ 7. Date at D:5ryj.2 J !rV ~ '" 8, Addressee's Address (Only if requested ... and fee is paid) Ie .c: .... 102595.9B-B-0229 Domestic Return Receipt ,1,-.. ~1iifiI~;W~~ '".lIIilI'liIIIllIJ'""""" '~-....""'- ~ "~,,-,,-,, -' _W~ ~, cot,>; /:~ ;-.~. C/) - r-:-: '.-" -' '. >S-~2 "----- Q ~,,; ~ c::> CJ o " '-j !--':~2J i-- ;:-! C] i r--1 . ':;'r: , -~ ::: '--'t'-, .:~~'" ::'::':J , v) :::: W '.0 ~;r ,; ~B -< .... - , . [ - . -:,1:,. ~, MARLIN E. HAMILTON, JR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. ,J,ooO-9 '13 (!Im rlfll.r17 LUCINDA K. HAMILTON, Defendant . IN lJl y(}(((!e- MARRIAGE SETTLEMENT AGREEMENT MODIFICATION 1. WHEREAS, on the 20th day of March, 2000 Lucinda K. Hamilton, hereinafter referred to as Wife, and Marlin E. Hamilton, Jr., hereinafter referred to as Husband, entered into a Marriage Settlement Agreement. 2. WHEREAS, Paragraph 12 of the said Agreement stated "Wife agrees to pay the automobile loan for her automobile at Members First and hold Husband harmless from said payment. Within thirty (30) days Wife agrees to re-finance said automobile loan." 3. WHEREAS, Wife has failed to comply with the terms of said Agreement. 4. WHEREAS, Members First has withdrawn from Husband's account funds to pay for said loan to wit $419.74 on May 9,2001 and $283.63 on June 1,2001. 5. WHEREAS, on June 21, 2001 Members First Federal Credit Union repossessed the 1998 Chevrolet Malibu Sedan with a total payoff, including repossession fees, of $11,431.01. 6. WHEREAS, Wife has a Visa credit card with number 42875900012572092 with Members First on wit the Husband is named as co-signer. 7. WHEREAS, Husband was prepared to file a Petition in Contempt against Wife, 8. THEREFORE, it is hereby agreed that Husband shall refrain from filing a Petition in Contempt against the Wife provided however that she: a. Reimburse the Husband in the amount of $705.37 to repay him for the amounts withheld by Members First Federal Credit Union. il I ,I o ""~~ I~~'-' -- - 1--:, - , i~ b. Pay to Members First Federal Credit Union the outstanding obligation on the Visa credit card with number 42875900012572092 and the 1998 Chevrolet Malibu Sedan. c. Said payments must be made by July 31,2001. 9. If Wife fails to comply with this Agreement, Husband may re-institute his Petition for Contempt and Wife shall be responsible for Husband's legal fees in connection therewith. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals ilt this / J- day of .)1{ L I , 2001. 7-10-0 1 Date j- /3-0/ Date k4 ft ,#~ Lucinda K. Hamilton Ii Ii II II ~ I .~ -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this II) day of J:i. h ( , 2001, before me, the undersigned officer, personally appeared Marlin E. Hamilton, Jr., known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the instrument for the purposes contained in it. IN WITNESS WHEREOF, I hereto set my hand and official seal. Notarial Seal CatI~e,rt Js' MUlderig, Notary Public s e orc, Cumbarland County My Commission expires Nov. 13, 2004 COMMONWEALTH OF COUNTY OF ss. On this j::!:,-tA day of ~ Uhr ' 200iD, before me, the undersigned officer, personally appeared Lucinda . Hamilton, known to me or satlsfactonly proven · to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the instrument for the purposes contained in it. IN WITNESS WHEREOF, I hereto set my hand and official seal. N&~f; AfJru , " II .~- ;,~'0' ,,~" "~~ &WiiliiiuJ;l- U . ""M -.~"-, <_""..Ll-U." -'."- ',,"' , "" n ~; , c~- . >.Y t::- '. 'ij .,- :n . MARLIN E. HAMILTON, JR. OF Plaintiff/Petitioner PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, v, : NO. 2000-993 LUCINDA K. HAMILTON DefendanURespondent : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition for Contempt upon Defendant, Lucinda K. Hamilton, by depositing same in the United States Mail, first class, postage pre-paid on the 4th day of December, 2001, from Carlisle, Pennsylvania, addressed as follows: Lucinda K. Hamilton P.O. Box 693 Garrison, KY 41141 GREASON LAW OFFICE Date: Jd. ))/),()/ Lisa M. Gr as ,Esquire 50 East Igh reet Carlisle, PA 17013 (717) 241-3030 Supreme Court # 78269 Attorney for Plaintiff ~',.-'" '. ,","-, :;--, -0, _.' ,',- ,,~,",,< ',,'''+''.- ""'~',+ ,---j'-" ~.,- H -- ",-'.'- ,--,--- "',~"' g 0 ()- N -tt "Z" , -oO"j -- J.::Ii" .,-, rDJ-rl -? .~ .. Z::x.' !'oJ ,_".--r, zc ,'"."'--; !'oJ ~ j "'....-- ~~' J.-~~6 ~o -0 ~~:~ ~c ::;:; -0 - ~c: '::.! ~ !'oJ ~ cP . , -'--",,, " , - '" - ,~, .- ",~'o,i -";"""",'o,,,c,,.' :~",,"" 'I~--,>---; }I -- ~.' MARLIN E. HAMILTON, JR. OF Plaintiff/Petitioner PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, v, : NO. 2000-993 LUCINDA K. HAMILTON Defendant/Respondent : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing notice upon Defendant, Lucinda K. Hamilton, by depositing sam~ in the United ,.J~ ~60').. States Mail, first class, postage pre-paid on the I t day of Dlii , 2991, from Carlisle, Pennsylvania, addressed as follows: Lucinda K. Hamilton P.O. Box 693 Garrison, KY 41141 GREASON LAW OFFICE 17~ 02.. Date./iJ.6> 81 isa M. re on, Esquire 50 Ea H' Street Carlisle, PA 17013 (717) 241-3030 Supreme Court # 78269 Attorney for Plaintiff ofi"~~" Ii lL q II I' " " p Ii ,. j! :1 II MARLIN E. HAMILTON, JR. il Plaintiff/Petitioner ,. " Ij :J i1 v. il :1 Ii LUCINDA K. HAMILTON " 11 Defendant/Respondent H !j !, iI I I II TO: LUCINDA K. HAMILTON II " II DATE OF NOTICE: 12-26-01 ._~~ ,. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-993 : CIVIL ACTION - IN DIVORCE H Ii " i' " 'I 'i I, Ii II II YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION II REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS i'l FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST II YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER ,! IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT II ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR il. TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET ! LEGAL HELP, I II 'I /1 I I IMPORTANT NOTICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 r.)), (~ I.'! Date ); Respectfully Submitted GREASON LAW OFFICE /' I- ~./~l . /\ //:7) I 'Ill' yL____ j /Lisa M. Gre.ason;tEsquire 50 East High ~yeet Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ...'- JiU' ~'""......- - ,,~"~;;',-, iJIit" , ..~-- '..... ''--LLl. "",J-,'" '" "" -, ;.- ~ " , "".. <" ,..- ~" ...... (") 0 0 c: 1'.) "T1 ;g:: c... :~J.:! -Om J> f~ ;;;e ;"i:~iJJ '" ~~~~ ? N r-:i5 '..:~C) ;;:: " ~"L-=i1 ~8 ::J:: "!O >(;:' - 601 ::c.: N );! =< :'i:1 Co -< ~ ,- ~~ ..,0.:- ; ""'. /5 /7 _~e "--- .;.~ _'----7-~--.:..-~.-'; i j - , , I , - MAR-~7-02 09:43 AM PA h I ; ! 2588558 P.l32 , ' COpy ~ Ii ! MARLIN E. HAMILTON, JR. Plaintiff/Petitioner 1/, . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-993 : CIVIL ACTION - IN DIVORCE . LUCINDA K. HAMILTON DefendanVRespondent .: ORDER OF COURT ,/ J~" A J.. ... L. , AND NOW, this .ll.- day of ~' ,2002, pursuant to the terms 6f the ii parties' Marriage Settlement Agreement dated March 20, 2000 and Marriage Settlement Ii Agreement Modification dated July 10, 2001, IT IS HEREBY ORDERED that: 'I IIA. III B, Respondent. Lucinda K, Hamilton shall pay in full all sums to Petitioner that Petitioner i was forced to pay in ~a;d: ~~o"S auto loan debt at Members First Federal Credit I Union in the amount~,'~ I II C. lRespondent, Lucinda K, Hamilton shall pay in full all sums to Petitioner that PetitioM: :! was forced to pay in regard to Re~3!O~ credit card account debt at Members First :j Federal Credit Union in the amount~ ' C\%- , f'ol ,,~ 'I D, R..",,.,,ool. "".o" K H.m'''oo '~tioo" "";0 E H,m;lIoo, ,,', _~j,~ ~~' r :l :;'~:'"' ;0 MI. 'm'h f." P~'"tly ,ot" ....-; ~'hlo 9Od." ,~ '''' ,," of '~ E ~: :,' ~ i~ :~~,~ i ~~< :.A ~:.E: The Prothonotary of thiS County shall plac a against the -'. <~:-. S-: , :: ~ Respondent, Lucinda K. Hamilton in the total amount -)-" ' :;' , -Jt~'il!' ";: X~ I; ~l~ i' f',O~ ~ I- i\ lQ. 3;;.?t61 . IRKs )1 t6: h~~ Grcu~NJ if_4, Respondent, Lucinda K. Hamilton, is in contempt of the abol/e.referenced Agreements BY THE COURT J, '. A. '.;, I '" .. 1 ,. JAN1S2~f\ MARLIN E. HAMILTON, JR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-993 v. LUGlNDA K. HAMILTON Defend;3JnURespondent : CIVIL ACTION - IN DIVORCE ORDER OF COURT AND NOW, this 22.... 1 day of J zJ7u z) f ' 2002, upon consideration of the attached Petition for Contempt, IT IS HEREBY ORDERED that a hearing is scheduled for ~ : ~..fi...". /5', 2002 at 9:.30 @.ip.m. in Courtroom No. / , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: -II ~ttj Grea.so,J a/DeR. ~~A:q.j ) Ol-:;'''-Oi. ~ , !! II e ~""""'" !'~\ ,,J I II Ii " I j' -"'"", ~: . . ~~ FH_ED-()fFlCE OF :1+ ''''C'TH')~,J01ARY 02 JAIl 23 Afi 10: 5! CUr,,1BERLAND COUNTY PENNSYLVANIA f t "~~ - _~. '~",,'''~~!lIUll,_~~,_~~~~~~, '.';' ~ "..,... ,_"""l"F-O", - - i 1- ,_- ,-:-: '1"- , JAN ~00z MARLIN E. HAMILTON, JR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 2000-993 LUCINDA K. HAMILTON Defendant/Respondent : CIVIL ACTION -IN DIVORCE ORDER OF COURT ~ AND NOW, this t2:...:. day of A I ~ ~ - L. , 2002, pursuant to the terms of the ~ parties' Marriage Settlement Agreement dated March 20, 2000 and Marriage Settlement Agreement Modification dated July 10, 2001, IT IS HEREBY ORDERED that: A Respondent, Lucinda K, Hamilton; is in contempt of the above-referenced Agreements, B. Respondent, Lucinda K. Hamilton shall pay in full all sums to Petitioner that Petitioner was forced to pay in ~a;d ~ ~~on~'s auto loan debt at Members First Federal Credit Union in the amount~, '':''- C, Respondent, Lucinda K. Hamilton shall pay in full all sums to Petitioner that Petitioner was forced to pay in regard to Re~dent's VISA credit card account debt at Members First Federal Credit Union in the amount~~, '!.%- D, Respondent, Lucinda K. Hamilton sha I pay to attorney fees in full, which fees presently total this Order. Petitioner Marlin E. Hamilton, Jr.'s N~ within 90 days from the date of I E. The Prothonotary of this County shall plac Respondent, Lucinda K, Hamilton in the total amount against the BY THE COURT: ~~ R~ ..?L.tt~ Grec,SOIJ -'1)d;'i iI J, ~ ,/:~:. .'., :;i:Q:?::~(?f)U'FiY di hill') I.' ~, , J !-~!:':J ...} ", <::: Sf- CU"~- .~ Iv'tr ,- .' ~:I-::._J'd-') rI'. '_ Pc.Nilfsvi \ 1;~:-cU:\'TY JL'/it\iIA c.~.# 79~ 1$ 9. ()() ~6 'oj oJi~ Gre.ru;o,J ~ec..~ /J3J& J " "'.."" '''"''''.,,,.' _.."~[_lm!'f'_IlIlI'l1"$-__ ---,,~ 11IL lL C'"_~ ,"~.~I.t1,lilt~IWQ .....1II"1~ ~._.""~ ~"~= '--",'--" '.>__,', "_,_n,_', ,,: "-[1 IiIIJ~' , MARLIN E. HAMIL TON,JR. Plaintiff/Petitioner v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2000-993 LUCINDA K. HAMILTON Defendant/Respondent : CIVIL ACTION - IN DIVORCE NOTICE TO PLEAD TO: Lucinda K. Hamilton P.O. Box 693 Garrison, KY 41141 You are hereby notified to file a written response to the enclosed Petition for . Contempt within twenty (20) days from service hereof or a judgment may be entered . against you. Respectfully Submitted GREASON LAW OFFICE III tJ...-4-01 I Date Lisa M. Gr as ,Esquire 155 South H over Street Carlisle, PA 17013 (717) 241-3030 Attorney for Respondent Ii - W~' - ,.- <-,- 0_ ;",,-:!,,---, , '- ~,__ CO;' __:I~ ..Iii~ MARLIN E. HAMILTON, JR. Plaintiff/Petitioner v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-993 LUCINDA K. HAMILTON DefendanURespondent : CIVIL ACTION - IN DIVORCE PETITION FOR CONTEMPT IN PROPERTY SETTLEMENT AGREEMENT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES Petitioner, Marlin E. Hamilton, Jr., by and through his attorney, Lisa M, Greason, Esquire, and respectfully represents as follows: 1. Petitioner, Marlin E. Hamilton, Jr., an adult individual currently residing at 247 E. Louther Street, Carlisle, Pennsylvania. 2. Respondent, Lucinda K. Hamilton, an adult individual with a current mailing address of P.O. Box 693, Garrison KY 41141. 3. Petitioner and Respondent were formerly husband and wife, having been divorced on June 15, 2000 by the Honorable Courts of Cumberland County at the above referenced action. 4. Petitioner and Respondent entered into a Marriage Settlement Agreement that provided, inter alia, for Respondent to refinance her automobile loan with Members First Federal Credit Union (hereinafter Members First) within 30 days of the signing of the Marriage Settlement Agreement dated March 20, 2000 and to hold Petitioner harmless ! for any amount owed on this loan. A true copy of the Marriage Settlement Agreement that was incorporated and not merged, is hereby incorporated herein by reference as though set forth in full, and is attached and marked as Exhibit "A". a '-, . . , ~- ,'; ,-<. ",/ 'j' ~I.-'- l.~'-I 5. Respondent has willfully failed and refused to comply with the Marriage Settlement Agreement as more fully set forth in paragraph 4. 6. In an attempt to have Respondent comply, Petitioner and Respondent executed a Marriage Settlement Agreement Modification. A true copy of the Marriage Settlement Agreement Modification is incorporated herein by reference as though set forth in full and is marked and attached as Exhibit "8", 7. Due to Respondent's failure to abide by the Marriage Settlement Agreement, Members First withdrew from Petitioner's account, funds due and owing on Respondent's automobile in the total amount of $ 703.37. 8. Members First repossessed Respondent's automobile. The total amount owing to include the total payoff and repossession fees is $11,431.01. 9. Members First is currently pursuing Petitioner for the pay-off of this automobile loan, which according to the Marriage Settlement Agreement, is the Respondent's obligation. 10. Respondent also affirmed that her VISA credit card account no. 42875900012572092 with Members First was also her obligation, 11. Respondent has failed to pay-off the VISA credit card and to hold Petitioner harmless for any charges on this account. '. 12. Members First is currently pursuing Petitioner for the pay-off of the VISA account. 13. The current pay-off balance for the VISA account is $6826.13. 14. All payments for the automobile loan and the VISA account were to be paid by July 31,2001 in accordance with the Marriage Settlement Agreement Modification. H , - . " 0; _ "" _, . ; '" ^~ , ;.' _ '_;"" _." ,__I.: ., __l.m~~; 15. Respondent also agreed that if she failed to pay the automobile loan and VISA account, she would responsible for Petitioners legal fees in connection with enforcement of the Marriage Settlement Agreement and Modification. WHEREFORE, Petitioner requests this Honorable Court to grant the following relief: a. Hold Respondent in contempt. b. Order Respondent to pay in full any and all amounts owed to Members First in regard to the automobile loan and to hold petitioner harmless for this debt. c. Order Respondent to pay in full any and all amounts owed to Members First in regard to the VISA account and to hold Petitioner harmless for this debt. d. Order Respondent to repay Petitioner any and all amounts he has paid in regard to the Automobile loan and the VISA account from the date of the Marriage Settlement Agreement to the current time. e. Order Respondent to pay all of Petitioner's attorney fees, costs, and expenses incurred in the enforcement of said Agreements; and f. Such other relief as this Court deems appropriate. Respectfully Submitted, GREASON LAW OFFICE /~/41b1 Date / Lisa M. Gr son, 155 S. Hanover reet Carlisle, PA 17013 (717) 241-3030 ID #78269 II , .. ~ , ; ~ " 1---; '-" '->1- "'-, . ~I,~;I MARLIN E. HAMILTON,JR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-993 LUCINDA K. HAMILTON DefendanURespondent : CIVIL ACTION - IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Petition for Contempt are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. S4904 relating to unsworn falsification to authorities. /1- 2- '1 -0 f Date Ii II II ~ -'""""","""'''''.."",' < MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this c5ltJ ~ day of March, 2000, by and between LUCINDA KAY HAMIL TON, (hereinafter referred to as "WIFE") and MARLIN EUGENE HAMIL TON, JR., (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 19, 1984, in .~ Carlisle, Cumberland County, Pennsylvania, and were separated on January 7, 2000. HUSBAND filed a divorce action in Cumberland County, Pennsylvania, on February 22, 2000, docketed at 2000-993 Civil Term. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. ~ EXHIBIT " w i A -" ;;l ",,,..~<-~.,,A_ ,."''''~'''~~ "41 'I' -~-,.", 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. 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. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of cmmsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 ~~" ,I," I~-,- .' 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent ofthe other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during mamage. 3 ,~ ~><=~"~ "'''''''''''''--'-, 7. REAL ESTATE: WIFE agrees to convey by deed her interest in the marital home located at 247 East Louther Street, Carlisle, Pennsylvania 17013 to HUSBAND. 8. MORTGAGE DEBT: The HUSBAND agrees pay the mortgage with National City Mortgage and hold WIFE harmless and indemnify her from any payment from said mortgage. 9. .~ SUPPORT: HUSBAND will not provide spousal support to WIFE, and WIFE will not supply spousal support to HUSBAND. ]0. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any Life Insurance Policy; d. His deferred compensation plan with his employer; e. His 40l(k) retirement plan with his employer; and f. The real estate in HUSBAND's sole name. 4 I ",-,_,t; WIFE shall receive the following items: a. The personal property in her current possession; b.:HerOiilikadC6llnts; c. The life insurance policy upon the life of the WIFE; and d. Her employee benefits from Amstan Trucking. .' The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations,lieIis Dr liabilities on account of the other and .thatfromthe datebf this Agreement,ll.eitherpaity shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. WIFE agrees to waive any and all interest which she may have in HUSBAND's 1988 Toyota Forerunner. b. HUSBAND agrees to waive any and all interest which he may have in WIFE's 1998 Chevrolet Malibu. 5 ~ - I ~,5'j;:la''',- 12. ...~ MARITAL DEBTS & BANKRUPTCY: Each party will berespoIlsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies her for any claims regarding the outstanding income taxes. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have . been initiated by others. WIFE agrees to pay the automobile loan for her automobile at (I Members First and hold HUSBAND harmless from said payment. Within thirty (30) days, WIFE agrees to refinance said automobile loan. 13. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies except as otherwise stated herein on the life of HUSBAND or any other employee benefits, including but not limited to retirement, profit sharing or medical beQefits of either party, shall be his own. WIFE waives all right, title and claim to HUSBAND's employee benefits. HUSBAND waives all right, title and claim to WlFE'S employee benefits, including but not limited to retirement, profit sharing and medical benefits. 6 -'", ~w.~_. ""'~. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accOliritsof the WIFE. 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. .~ 16. BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. ( c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. 7 ~'" ....~ " I '----"1 17. INCOME TAX EXEMPTIONS AND INCOME TAX BENEFITS & OBLIGATIONS: The parties agree that HUSBAND will be entitled to use the minor child as income tax exemptions for 1999 and thereafter. 18. ADDITIONAL INSTRUMENTS: Each ofthepartiesshaUfrom time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. .~ 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or nndertakings other than those expressly set forth herein. 8 ,;,;pm1- ~~ .. I.; ~-,~ 21. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. .~ WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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 interests, rights and claims. , 9 " ,I, _,~~:li,;,., IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ~/(~ .~ . Le fA-<l A',,/y ;J{ %~~SEAL) LUCINDA KAY HAMILTON u.~SEAL) RL EUGENE H T,.fR. 10 ~._. .."",~&b COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ,;)0 day of March, 2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, LUCINDA KAY HAMILTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. ." IN WITNESS WHEREOF, I have hereunto set my hand and official seal. G-'*-ftI sid, , NOTARIAL SEAL DAWN M. SHUGHART, Nolal)/ Public Carll~le,. Cumb~rland County My CommiSSion Expires Nov, 28, 2002 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this -;.l. 0 ~y of March, 2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, MARLIN EUGENE HAMILTON, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges. that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Nolanal Seal Martha L. Noel, Notary Public Canisle Boro, Cumbenand Countv My Commission Expires Sept. 18, 2bo3 Member. Pennsylvania AssocIation of Notaries ~~&_~0f1~ II ., , , .- I" \l;[>;,",_k' , . .' MARLIN E. HAMILTON, JR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. JOOO-q 73 (!m;, n.It"'? LUCINDA K. HAMILTON, Defendant : /A.! JJdcJ(~ee- MARRIAGE SETTLEMENT AGREEMENT MODIFICATION 1. WHEREAS, on the 20th day of March, 2000 Lucinda K. Hamilton, hereinafter referred to as Wife, and Marlin E. Hamilton, Jr., hereinafter referred to as Husband, entered into a Marriage Settlement Agreement. 2. WHEREAS, Paragraph 12 of the said Agreement stated 'Wife agrees to pay the automobile loan for her automobile at Members First and hold Husband harmless from said payment. Within thirty (30) days Wife agrees to re-finance said automobile loan." 3. WHEREAS, Wife has failed to comply with the terms of said Agreement. 4. WHEREAS, Members First has withdrawn from Husband's account funds to pay for said loan to wit $419.74 on May 9, 2001 and $283.63 on June 1, 2001. 5. WHEREAS, on June 21, 2001 Members First Federal Credit Union repossessed the 1998 Chevrolet Malibu Sedan with a total payoff, including repossession fees, of $11,431.01. 6. WHEREAS, Wife has a Visa credit card with number 42875900012572092 with Members First on wit the Husband is named as co-signer. 7. WHEREAS, Husband was prepared to file a Petition in Contempt against Wife. 8. THEREFORE, it is hereby agreed that Husband shall refrain from filing a Petition in Contempt against the Wife provided however that she: a. Reimburse the Husband in the amount of $705.37 to repay him for the amounts withheld by Members First Federal Credit Union. !, EXHIBIT .. '" w ~ ~ 1$ ~ .;, ~ .. , ~" ........... "",;,,_;,IJlo.h'_ , " . , " b. Pay to Members First Federal Credit Union the outstanding obligation on the Visa credit card with number 42875900012572092 and the 1998 Chevrolet Malibu Sedan. c. Said payments must be made by July 31, 2001. 9. If Wife fails to comply with this Agreement, Husband may re-institute his Petition for COntempt and Wife shall be responsible for Husband's legal fees in connection therewith. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals this / 6zJ: day of Jij L j , 2001. , .~ 7-10-07 Date / "'/J < 1,1 /,- " ;' . J / ...'. / ~1~/ ,~/';;;I;,l L--i ar In . Hamilton, Jr. r ; (- /3-0/ Date k4 f{ #I~ Lucinda K. Hamilton ~ ~~~"" - ~ .,,)o~,,-: , ~ . . J ! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this It) day of Jd 4 ( , 2001, before me, the undersigned officer, personally appeared Marlin E. Hamilton, Jr., known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the instrument for the purposes contained in it. IN WITNESS WHEREOF, I hereto set my hand and official seal. ,~-:'" ~/~ otary Pu Notarial Seal Robert J. Mulderig, Notary Public Carlisle Bora, Cumberland County My Commission Expires Nov. 13, 2004 COMMONWEALTH OF COUNTY OF ss. On this i:!:,TA day of ~ (j~ ' 20010, before me, the undersigned officer, personally appeared Lucinda . Hamilton, known to me or satlsfactonly proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the instrument for the purposes contained in it. IN WITNESS WHEREOF, I hereto set my hand and official seal. ~d(L i!J~ Notary Public lj.~~~'" --'"~ ~~-~~~,.,~ . ~ - "~ .- - ~ ~ " ~ r 0 C) 0 C -1'1 ;;;"" r:J 22G1 ':'1 --n n ,- Le- I :.:~ en,";" .r:-- -.( ~,~ ,.. , (-=:J r.::,---, j;7:(~ -::; , .,i " c f~ (-~ '-; '-J .< " .J> ~~ i'j ~'::::; L:' ..",,- =<! . 0 ':':':'J -< .