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HomeMy WebLinkAbout97-03889 , f ~I O'f ~l ! ...... ~ .~ ~ i , ! , , , ~ I I i ..... J ~ I . ~ .. ~ l , I ! I . { I i I ~ ) - ---.-- - BROUJOS a: GILROY. P. C- A' 10&4.. AT LAW .~~STIlDT CARU$U.PPNSY\.YANlA I70It nm..~ --.- t PROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this day of , 1997, by and between Daniel E. Hinkel, (hereinafter referred to as Husband) and Sonya H. Hinkel, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on October 14, 1989; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, the Wife has commenced a divorce action against Husband docketed at No. 97-3889 in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1 The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart frOlll the other, at such place or places as he or she may, frOlll time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agree_nt. Neither party shall lIIOlest the other or attempt to endeavor to lIIOlest the other, nor compel the other to cohabit with the other, or in any way haras. or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 8 Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other sate, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the partes hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 9 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, cOllllllOnwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, wbether arising as a result of the marital relation or otberwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agrlilement or for the breach of any provision thereof. It is tbe intention of Husband and Wife to give to each other by the ex~ution ot this Agreement a full, complete and general release with respect to any and .11 property of any kind or nature, real, personal or _ixed, "hich the other now owns or lIlay hereatter .lequire, ex~pt and only eJrCept all rights and clgreements ..nd obI ig.tions of vh..tsoever nature arising or "hieh "1 clri.. under this A9re~nt or for the brecleh of any proviSIon thereof. t - BROUJOS a: GILROY. P. c A'l_ATLAW . ~ HAIIC)VQ STIlDT CARLISLE. PENNSYLVAN'" T70IS nm__ -- ... . . SONYA M. HINKEL, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v : CIVIL DIVISION - LAW . . NO. 97- Ji"l{ DANIEL E. HINKEL, . CIVIL 1997 . Defendant : . IN DIVORCE . NOTICE TO DE"END AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also bp. 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary' s Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF IOU DO ROT FILS A CLAIM "OR ALIMOIft, DIVISIOJI 0.. PROPBRft, LAMlBR'S ..EBI OR IXPEHIII, BE"ORB A DlVORCB OR AMXULMBRT II ORAll'l'BD, IOU MAl LOSB 'till IUOII'r TO CLAIM AlII 0.. THIDC. IOU IIOULD TAD 'tillS PAPU TO lOUR !.AMID AT OJICI. IF IOU DO BOT UYS A LAMlIR OR CAJll\OT U'''ORD 00:, 00 TO oa ftLBPlOO: 'fill: O....ICB In ..oa'tll BBLON TO rIBD OUT 1f1RJtB IOU CAlI on LBOAL BILP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE I 717 - 240-6200 SONYA H. HINKEL, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : v . 97 - 3889 CIVIL TERM . . . DANIEL E. HINKEL, . . Defendant . IN DIVORCE . AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33tH (-:J OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 18, 1997. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about July 31, 1997. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alilllony, division of property, lawyer's fees or ex,penses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that 1 may request that the Court require counselling. I do not request that the Court require counselling. I verify that the statements made in this affidavit are true and correct. I understand that false statements henin an ltMIe subject to the penalties of 1. Pa.C,S. Sff04 relating to unaworn falsification to authorities. o.te, 'l~}}<i7 I I ./T SONYA H. HINKEL, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v : 97 - 3889 CIVIL TERM . . DANIEL E. HINKEL, . . Defendant . IN DIVORCE . DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE n:ocm:E tnmER SECTION =301 (C) OF ':l'!1E Dn'ORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 18, 1997. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about July 31, 1997. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning a11mony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counselling. I do not request that the Court require counselling. I verity that the statement. ..de in this attidavit are true and cornct. I understand that tal"e statements henin an ..de subject to the penalties ot 1. Pa.C.S. 14904 relating to ~nsvorn ::::",~',t.~7 t~ ..t..r"'.....y-;<t, I' S \(' o.n1. ~.~ SONYA M. HINKEL, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v : NO. 97 - 3889 . . DANIEL E. HINKEL, I CIVIL ACTION - LAW Defendant . . AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to plea filed in the above referenced matter was served on Defendant Daniel E. Hinkel, by certified mail on July 31, 1997. A copy of the Certified Mail - Return Receipt Requested, is attached hereto and marked Exhibit A. ,y-~3--q1 DATE Hu ert X. ~lro Esqu re Attorney for Plaintiff Broujos, Gilroy , Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before _ this .~ 3- day of \tt:,tJ!lbiid 1997 Ii \ I\" . G---'--~ t .,.,..:: ",,""4li' t...,', ,- '.'~ ,- -',":'1 <":" ,'_ ,l '. .' . ... .: ;~,:.} . ,_ . " ,,:,,~~ .4 ~_ \.,.. - - ""'-.'" ,', .-.,..,,'-' " .--^.