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KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
Plaintiff
IN DIVORCE
v,
ROBERT E. HURLEY,
Defendantt
RULE TO SHOW CAUSE
AND NOW, this ~ day of HI ~ ,2005, upon review and
consideration ofthe attached Emergency Petition for Special Relief, a Rule is issued against the
Defendant, Robert E. Hurley, to show cause, if any he has, why the relief sought in the attached
Emerg;Cy~or;:::not:e~ ~
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OF THe: PROTHONOTARY
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KIMBERLY A, HURLEY,
now known as KIMBERLY A.
MARKLEY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
Plaintiff
IN DIVORCE
v.
ROBERT E. HURLEY,
Defendant
EMERGENCY PETITION FOR SPECIAL RELIEF
AND NOW, comes your Petitioner, Kimberly A. Hurley, now known as Kimberly A.
Markley, by and through her counsel, Cunningham & Chemicoff, p,c., and files her Emergency
Petition for Special Relief and in support thereof avers as follows:
1. Petitioner, Kimberly A. Hurley, now known as Kimberly A, Markley ("Petitioner"
or "Ms. Markley") is an adult individual with a current address of 114 Evergreen Road, Palmyra,
Lebanon County, Pennsylvania 17078.
2. Respondent, Robert E. Hurley ("Respondent" or "Mr. Hurley"), is an adult individual
with a last known address of209 Printers' Alley, Nashville, Tennessee 37102,
3, Ms, Markley and Mr, Hurley were divorced pursuant to a Decree set forth under the
above captioned docket number on or about May 14, 2002,
4. Prior to their divorce, Ms. Markley and Mr. Hurley entered into a Property Settlement
Agreement, dated April 1 , 2002 (the "Property Settlement Agreement"), which was incorporated
by reference into the parties' divorce, but did not merge with the divorce decree. A true and
correct copy of the Property Settlement Agreement is attached hereto as Exhibit "A" and is
incorporated herein by reference.
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THE REAL ESTATE AGREEMENT
5, Paragraphs 1-4 are incorporated by reference as if more fully set forth herein.
6, On or about April 1, 1998, Ms, Markley and Mr. Hurley executed a document entitled
Articles of Agreement for Sale of Real Estate (the "Real Estate Agreement"). A true and correct
copy of the Real Estate Agreement is attached hereto as Exhibit "B" and is incorporated herein
by reference,
7. Pursuant to the Real Estate Agreement, Ms. Markley and Mr. Hurley, as Buyers,
agreed to purchase from Seller, Neysa S. Ketterman (the "Seller") that certain parcel of real
estate consisting of forty-six (46) acres on Homestead Road, East Hanover Township, Lebanon
County, Pennsylvania (the "Premises"), The Legal Description of the Premises is attached to the
Real Estate Agreement, which has been attached to the instant Petition and marked as Exhibit
"B".
8, Pursuant to the Real Estate Agreement, the Seller agreed to sell the Premises to Ms.
Markley and Mr. Hurley,
9, Ms. Markley and Mr, Hurley agreed to be legally bound by a number of mutual
covenants set forth in the Real Estate Agreement. Such covenants include, but are not limited to,
the following:
2 (C) To pay Seller the sum of$115,000.00, lawful money,
seven (7) years from the date [of the Agreement] hereof,
together with interest on the unpaid principal debt at the
rate of 8% per annum, amortized over a period of thirty
(30) years, payable in monthly installments of$843,83,
beginning on May 1, 1998, and thereafter on the same
day of each succeeding month, , ., the total balance due on
the purchase price shall be due and payable no later than
seven (7) years from the date [of the Agreement] hereof.
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2 (D) Buyer shall make an additional monthly payment of 1/12th
of the then current annual real estate taxes with each monthly
payment of the purchase price.
2 (E) Buyer shall pay a penalty of 10% of any payment which is
not made by the fifteenth (15th) of any month when due.
7. Indemnity and Insurance. Buyer agrees to keep the building
insured against fire and other casualties in the amount of no
less than $50,000,00, and shall also carry general comprehensive
coverage against personal injury in the amount of $1 00,000.00 per
individual and $200,000.00 per occurrence. All insurance policies
shall name Seller and existing mortgagee as an additional insured
as their interests may appear. Buyer shall furnish Seller with proof
of said insurance and receipts of payment of all insurance premiums
within thirty (30) days of payment.
10. The default of Buyer was defined by the Real Estate Agreement as follows:
12. Default of Buver, In the event that Buyer shall fail to make
any payment of principal or interest within fifteen (15) days
of the date when due hereunder, or should the Buyer violate
or fail to fulfill and perform any of the other terms or conditions
of this Agreement within thirty (30) days of receiving written
notice of such breach from Seller, the Seller shall retain all
monies theretofore paid on account as liquidated damages,
which shall be Seller's sole remedy for damages, and the rights
of the Buyer in this Agreement shall terminate at the time thereof,
In said event, the Buyer hereby authorizes any attorney of record
in the Commonwealth of Pennsylvania or elsewhere to appear for
him and confess judgment in ejectment and issue execution for
possession of the said Premises.
II. According to the Property Settlement Agreement, Ms, Markley agreed to assign and
transfer to Mr. Hurley all of her interest in the Premises and in the Real Estate Agreement, in
exchange for Mr, Hurley's completion of all ofthe terms contained within the Property
Settlement Agreement.
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12. Mr. Hurley, in the Property Settlement Agreement, agreed to indemnifY and hold Ms.
Markley harmless with respect to any and all claims or obligations of Ms, Markley relating to the
Real Estate Agreement or the Premises, and Mr. Hurley agreed to assume all tax, insurance, and
utility obligations, as well as any other financial obligations related to the Premises or the Real
Estate Agreement.
13. Pursuant to the Property Settlement Agreement, Ms. Markley maintains the right of
first refusal with respect to the sale or transfer of the Premises under any circumstances
including, but not limited to:
Mr, Hurley's default under the Sales Agreement [the
Real Estate Agreement] with default defined as the failure
to make two (2) consecutive monthly installment payments,
failure to pay all taxes when due, failure to maintain property
and hazard insurance on the Premises, or failure to pay
the utilities,
14. Pursuant to the Property Settlement Agreement, Mr, Hurley agreed to notifY Ms.
Markley within thirty (30) days of any default on his part under the Real Estate Agreement.
15, Upon notice of such default, the Property Settlement Agreement provides that Ms.
Markley was to be given thirty (30) days to exercise her option to purchase the Premises at
market value if market value was agreed upon by the parties.
16. Mr. Hurley has defaulted under the terms of both the Property Settlement Agreement
and the Real Estate Agreement.
17. Ms. Markley believes, and therefore avers, based on statements made by Mr. Hurley,
and the Seller, that he failed to make all payments required under the Real Estate Agreement and
Property Settlement Agreement.
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18. Ms, Markley believes, and therefore avers, based on statements made by Mr, Hurley
and the Seller, that the amount ofMr, Hurley's default is approximately $60,000.00.
19. Ms. Markley believes, and therefore avers, based on statements made by Mr, Hurley
and the Seller, that Mr, Hurley has failed to maintain insurance on the Premises as required by
the Real Estate Agreement and the Property Settlement Agreement.
20, Mr. Hurley has failed to notifY Mr. Markley of his default under the Real Estate
Agreement within thirty (30) days as required by the Property Settlement Agreement.
21. Mr. Hurley has failed to provide Ms, Markley her right of first refusal to purchase the
Premises as required by the Property Settlement Agreement in the event of Mr. Hurley's default
under the Real Estate Agreement.
22. Ms. Markley wishes to exercise her right of first refusal to the purchase of the
Premises.
23. Mr. Markley has no adequate remedy at law.
24, Ms. Markley should be given the right to purchase the Premises directly from Seller
due to Mr. Hurley's default under both the Property Settlement Agreement and the Real Estate
Agreement.
25, The Real Estate Agreement will expire and the Premises will revert to the Seller on
April 1, 2005, if all defaults are not cured and the final payment is not made prior to that date.
26. According to the Real Estate Agreement, the Seller may confess judgment against
Ms. Markley and Mr. Hurley and move for immediate ejectment in the event of their default
under the Real Estate Agreement.
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27. Immediate and irreparable hann will result unless Ms. Markley is given the option to
purchase the Premises directly from the Seller.
WHEREFORE, Petitioner, Kimberly A, Hurley, now known as Kimberly A, Markley,
hereby respectfully requests that this Honorable Court grant her emergency special relief and
order that she be permitted to purchase the Premises directly from the Seller pursuant to the Real
Estate Agreement.
ADDITIONAL VIOLATIONS OF THE PROPERTY SETTLEMENT AGREEMENT
28. Paragraphs 1-27 are incorporated by reference as if more fully set forth herein.
29. Paragraph 3 of the Property Settlement Agreement states that Mr. Hurley agrees to
provide Ms, Markley free rental of horse stalls and free full care ofthe horses, including but not
limited to turn-out, feed and hay for two (2) horses for a period of no less than five (5) years from
April 1 , 2002.
30. Paragraph 3 of the Property Settlement Agreement further states that in the event Mr.
Hurley fails to fulfill the obligation contained in Paragraph 3, Mr. Hurley agrees to bear the
responsibility for any and all costs associated with the care of the horses until expiration of the
term, Such costs shall include, but are not limited to, boarding fees, turn-out fees, and feed.
31. According to Paragraph 17 of the Property Settlement Agreement, if either party
breaches any provisions of the Property Settlement Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
relief as need be available to him or her and the party breaching the Agreement shall be
responsible for payment oflegal fees and costs incurred by the other in enforcing the rights under
this Agreement, or in seeking such other remedies or relief as may be available to him or her.
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32. As of the date of filing this Petition, Ms. Markley has incurred expenses that were to
be covered by Mr. Hurley pursuant to the Property Settlement Agreement in the total amount of
$5,247.51. A true and correct copy of a description of the expenses paid by Ms. Markley and the
. amounts of such expenses is attached hereto as Exhibit "C" and is incorporated herein by
reference.
33. As of the date of this Petition, Ms. Markley has incurred $2,000,00 in attorneys fees
associated with Mr. Hurley's breach of the parties' Agreement and her counsel's efforts to
enforce the terms of this Agreement.
WHEREFORE, Petitioner, Kimberly A. Hurley, now known as Kimberly A. Markley,
respectfully requests this Honorable Court enter an Order that Respondent, Robert E, Hurley,
shall satisfY all of his payment obligations to Petitioner under the Agreement. Specifically,
Respondent shall pay Petitioner, within twenty (20) days of the date of the Order, the amount of
$5,247.51, plus an additional $2,000.00 in attorneys fees, representing (1) $5,247.51 due under
Paragraph 7; (2) $2,000.00 representing Petitioner's attorneys fees incurred to date; and (3) any
further attorneys fees incurred by Petitioner in her efforts to enforce the terms of the Property
Settlement Agreement.
By:
Date: ~ ~ ,2005
homeltIflpetitionlmarkley
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KIMBERLY A. HURLEY,
now known as KIMBERLY A,
MARKLEY,
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
Plaintiff
IN DIVORCE
v,
ROBERT E. HURLEY,
Defendant
CERTIFICATE OF SERVICE
I, Kelly M. Knight, Esq., Attorney for Petitioner, hereby certify that on the 21!!o.ay
of February, 2004, a true and correct copy of the Petition for Special Relief, was served by first-
class U.S. Mail, postage prepaid, to:
Mr. Robert E. Hurley
209 Printers' Alley
Nashville, TN 37102
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Hurley.SettlementAgmt.ApriI2002.Disk 1
PROPERTY SETTLEMENT AGREEMENT
THIS IS AN Agreement made this 1st day of April, 2002, by and between ROBERT E.
HURLEY, (hereinafter referred to as Husband) and KIMBERLY A. HURLEY, (hereinafter
referred to as Wife).
WHEREAS, Husband and Wife were married on May 2,1998; 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. 00 -
8245 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 distributiou, 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 from the other, at such place or places as he or she may, from 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 Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful existence, separate and apart,
from the other.
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2
The parties have an equitable interest in real estate located at R.D. #1, Grantville, East
Hanover Township, Lebanon County, Pennsylvania (hereinafter the "Grantville Property")
pursuant to an installment sales agreement that the parties entered into for the purchase of
the real estate. In exchange for Husband's completion of all terms contained herein, Wife
hereby agrees to assign and transfer to Husband all of her interest in the Grantville property
and in the agreement of sale. Wife agrees to execute any and all documents required by
Husband's counselor required by the attorney for the sellers ofthe real estate to confirm that
Wife has no further interest in the agreement of sale and in the real estate subject to the
provisions outlined in paragraph 4. Upon exeeution of this agreement, Husband agrees to
indemnify and hold Wife harmless with respect to any and all claims or obligations of wife
relating to the agreement of sale or the real estate, and Husband agrees to assume all tax,
insurance and utility obligations, as well as any and all other financial obligations related to
the Grantville Property or the agreement of sale.
3
Husband agrees to provide to Wife free rental of horse stalls and free full care of the horses,
including but not limited to turn-out, fees and hay for two (2) horses for a period of no less
than five (5) years from April 1, 2002. Upon the expiration of the five (5) year period, both
parties agree to negotiate in good faith new terms for the rental of the horse stalls and the care
of two (2) horses. In the event Husband fails to fulfill the obligation contained in this
paragraph, Husband agrees to bear the responsibility for any and all costs associated with
care ofthe horses until expiration of this term. Such costs shall include, but are not limited to,
boarding fees, turn out fees aud feed.
4
Husband hereby gives to wife the right of first refusal with respect to the sale or transfer of
the Grantville Property under any circumstances including: (1) Husband's sale of the
Grantville Property; (2) Husband's death; and (3) Husband's default under the sales
agreement with default defined as the failure to make two (2) consecutive monthly installment
payments, failure to timely pay all taxes when due, failure to maintain property and hazard
insurance on the property, or failure to timely pay the utilities.
Husband agrees to notify Wife within thirty (30) days of default or an offer to purchase the
property by a third party. Wife shall be given thirty (30) days to exercise her option to
purchase the property at market value if market value is agreed upon by the parties. If the
parties clUinot agree upon a market value, each party shall retain an appraiser to appraise the
property and the market value shall be determined by an average ofthe two (2) appraisals. If
the parties cannot agree to that average, they shall jointly retain a third appraiser. All three
(3) appraisals shall then be averaged for the market value which cannot be disputed. Wife
shall then have fifteen (15) days from the determination of market value to exercise her
option. If Wife does not elect to exercise her option, Husband shall be free to sell or transfer
the property.
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5
Husband agrees to pay to Wife the sum of $35,000.00. This payment shall be accomplished by
a personal check from Husband to Wife. The sum of $25,000.00 shall be paid on or before
July 31, 2001, with the balance of $10,000.00 payable to Wife on or before October 1, 2001.
Wife acknowledges receipt of these mentioned payments
6
Each party waives any and all claims to ownership or possession to items of personal property
in the possession ofthe other party. The parties acknowledge that they have equitably divided
all items of personal property, and that neither party is currently in possession of any items of
personal property that the other party desires to own or possess or that the other party
anticipates to be transferred to them. Included in this waiver is any claim to the business
interest of the respective parties, retirement accounts, vehicles or any other items of personal
or real property.
7
Each party hereby represents they have disclosed all of the marital assets to the other party in
the negotiations for the consummation ofthis Agreement.
8
The parties agree to execute the Consent Affidavits in order to fmalize the divorce, the Wife
agrees to proceed with fmalizing the divorce case. This Agreement shall be incorporated, but
not merged into the decree of divorce.
9
Both parties shall incur their own legal expenses with respect to this divorce litigation
10
The parties agree that they will not CGntract Gr incur any debt Gr liability for which the other
party might be responsible and shall indemnity and save the other party harmless from any
and all claims or demands made against that party by reason of such debts or obligations
incurred by the other party.
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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 ofthe parties shall remarry, it being understood by and between
the parties 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 Agr~ement to survive any
judgment and to be forever binding and conclusive upon the parties.
12
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
courtesy of claims in the nature of dower or courtesy, 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, commonwealth 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 pendeBte
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any provision thereof.
13
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 or documents that may be
reasonably required to give full force and effect to the provisions of this Agreement.
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14
A modification or waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of
either party to insiSt upon the strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
15
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.
16
It is specifically understood and agreed by and between the parties thereto that each
paragraph hereof shall be deemed to be a separate and independent agreement.
17
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her election, to sue for damages for such breach or seek such other remedies or relief
as may be available to him or her and the party breaching this Agreement shall be responsible
for payment of legal fees and costs incurred by the other in enforcing the rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
18
This Agreement shall be construed under the laws ofthe Commonwealth of Pennsylvania.
19
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law or otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid
and continue in full force, effect and operation.
20
Except as otherwise set forth herein, this Agreement shall be biDding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
WITNESS
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ARTICLES OF AGREEMENT
FOR SALE OF REAL ESTATE
This agreement, made this /Sr day of April, 1998, by and
between Neysa S. Ketterman, single woman, "Seller",
AND
Kimberly A. Markley and Robert E. Hurley, "Buyers",
WITNESSETH
WHEREAS, Seller is the owner of a certain parcel of real
property with improvements situate thereon, consisting of forty-six
acres on Homestead Road, East Hanover Township, Lebanon County,
Pennsylvania, and more particularly described as set forth in
Exhibit A attached hereto and made a part hereof; and
WHEREAS, Seller has agreed to sell and Buyer has agreed to
purchase the said property on the terms and conditions hereinafter
set forth;
NOW THEREFORE, the parties, intending to be legally bound
hereby, and in consideration of the mutual covenants herein
contained, agree as follows:
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1. Acrreement to Sell. Seller hereby agrees to sell and
convey to Buyer who agrees to purchase, upon the terms and
conditions hereinafter set forth, the aforesaid premises, on an "as
is" basis.
2. Purchase Price. The purchase price to be paid by Buyer to
Seller shall be $130,000. The purchase price shall be paid by Buyer
to Seller as follows:
(A) Deposit of $5,000.00.
(B) Upon execution of this Agreement, the sum of
$10,000.00.
(e) The sum of $115,000.00, lawful money, seven years
from the date hereof, together with interest on the unpaid
principal debt at the rate of 8% per annum, amortized over a period
of 30 years, payable in monthly installments of $843.83, beginning
on May 1, 1998, and thereafter on the same day of each succeeding
month, said installments shall be applied first to the interest
then due and the balance on account of the principal debt. Nothing
contained herein withstandi~g, the total balance due on the
purchase price shall be due and payable no later than seven years
from the date hereof.
(D) Buyer shall make an additional monthly payment of
one-twelfth of the then-current annual real estate taxes with each
monthly payment of the purchase price.
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(El Buyer shall pay a penalty of 10% of any payment
which is not made by the 15th of any month when due.
(Fl The Buyer has the privilege of paying the whole or
any part of the purchase price without penalty at any time.
3. Aooortionment of Exoenses and Taxes. The Buyer is to be
responsible for the payment of any and all utility bills, sewer
charges, and any other taxes or assessments resulting from the
possession and ownership of the subject premises with the exception
of real estate taxes, which shall be paid by Seller. Each party
shall furnish to the other receipts of payment of all taxes by the
end of each calendar year and receipts of payment of municipal
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charges by the end of each calendar quarter. At the time the
purchase price is paid in full and the property is conveyed to
Buyer, all realty transfer taxes shall be paid equally, one-half
(~l by Seller and one-half (~l by Buyer.
4. Title and Conveyance. Upon payment of purchase price, the
Title to the premises shall be conveyed in fee simple by General
warranty Deed. Title to the premises shall be good and marketable,
such as will be insured at regular rates by any reputable title
insurance company, and shall be free and clear from all liens and
encumbrances, except for recorded restrictions, all utility
easements, and except for any liens and encumbrances directly
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caused or created by the Buyer, and the provisions of the zoning
ordinance affecting the use of said premises, if any.
5. Comoliance with Notices. Buyer shall comply, at Buyer's
expense, with the requirements of any and all notices relating to
the property which may be issued by any municipal or other public
authority after the date hereof, and Buyer shall pay for all work
and improvements done or ordered by such authority after the date
hereof, including those for which a lien may be filed against the
premises if they are not paid. Seller represents and warrants that
Seller has no knowledge or any notice of assessment or violation
notice issued by any municipal or public authority requiring work
on or with respect to the premises or the streets abutting same.
6. ProDertv Included. The sale of this property includes
all fixtures and appliances located at the property and owned by
the Seller at the time of signing this Agreement, as well as all
electric, heating, air conditioning, plumbing fixtures, systems and
equipment, and all other fixtures permanently attached to the
premises, and all existing trees and shrubbery.
7. Indemnitv and Insurance. Buyer agrees to keep the
building insured against fire and other casualties in the amount of
no less than Fifty Thousand Dollars ($50,000), and shall also carry
General Comprehensive coverage against personal injury in the
4
amount of One Hundred Thousand Dollars and 00/100 ($100,000.00) per
individual and Two Hundred Thousand Dollars and 00/100 ($200,000)
per occurrence. All insurance policies shall name Seller and any
existing mortgagee as an additional insured as their interests may
appear. Buyer shall furnish Seller with proof of said insurance and
receipts of payment of all insurance premiums within thirty (30)
days of payment.
8. Maintenance and Retlair. Buyer agrees to maintain the
premises in a reasonable state of repair at its sole expense
throughout the term of this Agreement.
9. Liens.
(A) Seller agrees not to perform any act or execute any
instrument which would create a lien against the premises, but in
the event of the entry of an involuntary lien or encumbrance, to
give written notice to Buyer within thirty (30) days of entry of
the lien or encumbrance.
(B) In the event of any mortgage, judgment, lien or
other encumbrance affecting title to the premises existing at the
date of the execution of this Agreement or hereafter entered of
record and default in the payment is made by the Seller, then Buyer
shall have the right to make the delinquent payment and to receive
credit for the full amount of said payments made by the Buyer and
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to deduct the amount thereof from the required monthly payments
under this Agreement. Prior to exercising the rights stated in
this paragraph, Buyer shall give Seller 48 hours notice by
certified mail of his intent to do so, but this provision shall not
limit Buyer's right to make the delinquent payments and to claim
credit therefor.
10. Condemnation. In the event of condemnation of the
property or any portion thereof by any governmental agency, public
authority or utility, prior to the payment of the outstanding
principal balance, the payment of the outstanding principal
balance, the payment of damages for the taking shall be the
property of the Buyer, provided, however, that the Buyer shall
apply all or part of the compensation received to the unpaid
principal balance herein on a proportionate basis to the extent of
the taking.
11. Structural Chanqes, Maior Imorovements or Alterations.
Any and all changes, major improvements or alterations to be made
to the existing structures on the premises by the Buyer shall be
subject to the prior written approval of Seller, which shall not be
unreasonably withheld. In the event that such changes are to be
made, Buyer shall indemnify Seller from the imposition of
mechanics' claims, mechanics' liens, and encumbrances of any nature
6
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which might affect Seller's interest in the subject premises except
as otherwise may be agreed in writing.
Buyer shall file a Stipulation Against Liens prior to
making any structural changes or alterations to the premises.
In the event of Buyer's default as to the terms of this
Agreement, any and all improvements and additions made to the
subject premises shall be and remain a permanent part of the
premises; they shall not be removed by Buyer and Buyer will not be
entitled to any reimbursement therefore; nevertheless, if such
improvements, alterations or additions were made to the existing
structures without the written prior approval of Seller, Buyer will
remove same within thirty (30) days, upon written notice from
Seller to do so. In the event of such notice Buyer shall restore
the surfaces from which some improvements were removed so that they
shall be in conformity with the surrounding surfaces.
12. Default of Buver. In the event that Buyer shall fail to
make any payment of principal or interest within fifteen (15) days
of the date when due hereunder, or should the Buyer violate or fail
to fulfill and perform any of the other terms or conditions of this
Agreement within thirty (30) days of receiving written notice of
,
such breach from Seller, the Seller shall retain all monies
theretofore paid on account as liquidated damages, which shall be
Seller's sole remedy for damages, and the rights of the Buyer in
this Agreement shall terminate at the time thereof. In said event,
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the Buyer hereby authorizes any attorney of record in the
Commonwealth of Pennsylvania or elsewhere to appear for him and
confess judgment in ejectment and issue execution for possession of
the said premises.
13. Bankruntcv. In the event of the filing of a petition in
bankruptcy, whether voluntary or involuntary by or against buyer,
there shall become due immediately upon the filing of said
petition, all amounts remaining due under this Agreement, and
Seller shall have the further right in said event to forfeit and
terminate this Agreement. The said forfeiture is to be affected by
giving notice in writing to Buyer. In said event, the Buyer hereby
authorizes any attorney of record in the Commonwealth of
Pennsylvania or elsewhere to appear for him and confess judgment in
ejectment and issue execution for possession of the said premises.
14 . Default bv Seller. In the event that title cannot be
conveyed by Seller to Buyer at settlement in accordance with the
requirements of this Agreement, Buyer shall have the option of
taking such title as Seller can give (without any abatement of the
purchase price), or of terminating this Agreement and being repaid
all monies paid on account of the purchase price hereof, together
with the amount of any reasonable costs incurred by Buyer for
searching the title; but whichever of said alternatives Buyer may
choose, Buyer shall not have any right to reimbursement for any
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other costs or expenses incurred by Buyer or any other element of
damage under this Agreement.
15. Assianment. This Agreement shall not be assigned or
transferred by the Buyer voluntarily or involuntarily or by
operation of law without the prior written consent of the Seller.
Subject to said conditions, any Assignment shall be binding upon
the Buyer, his heirs, executors, administrators and assigns.
16. Risk of Loss. Destruction of, or damage to, any building
or other improvement now or hereafter erected or to be placed on
the subject property, whether said damage or destruction is caused
by fire or other casualty, shall not release Buyer from any of
Buyer's obligations under this Agreement, it being expressly
understood by and between the parties that Buyer shall bear all
risk of loss to or damage to the subject property on or after the
date of this Agreement.
17. Encumbrance Bv Buver. Buyer's equitable title in the
subject real estate, or any part thereof, shall not be pledged or
voluntarily encumbered by Buyer, in any manner whatsoever without
the prior written consent of Seller. Buyer shall indemnify and hold
Seller harmless from any loss sustained by Seller in the event that
Buyer shall pledge or voluntarily encumber the subject real estate
without the prior written consent of Seller.
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18. Litiaation. Should any litigation be cOIlUllenced between
the parties hereto concerning said Property, this Agreement, or the
rights and duties of either in relation thereto, the party, Buyer
or Seller, prevailing in such litigation, shall be entitled, in
addition to such other relief as may be granted, to a reasonable
sum as and for tl'\e party's attorney's fees and costs in such
litigation which shall be determined by the court during such
litigation or in a separate action brought for that purpose.
19. Notices and PaYments. All notices to be given by either
party to the other shall be in writing, shall be served by
depositing such notice in the United States mail, certified,
properly addressed and directed to the party to receive the same at
such address as each party shall designate to the other. The date
of service shall be deemed to be the date of mailing. All payments
due under this Agreement shall be served either personally or by
ordinary mail.
20. Possession. Possession of said premises is to be
delivered to Buyer upon the execution of this Agreement.
21. Oeed in Escrow. Upon the execution of this Agreement,
Seller shall execute a general warranty deed conveying all of
Seller's right, title and interest in the Property of the Buyer.,
Said deed shall be delivered by Seller to Seller's attorney.
Seller I s attorney shall hold said deed in escrow until such time as
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the purchase price, together with any unpaid interest, is paid in
full. At that time, Seller's attorney shall deliver said deed to
Buyer for recording.
22. ADOlication of Statute. This is an "Installment Land
Contract" under Act No. 81, approved June 8, 1965 (68 P.S. Section
901) and hereby incorporates Section 3,4,5,6,7,8, and 9 of that
Act. In the event of any inconsistencies between this Agreement and
said Act, the provisions of the Act shall prevail.
23. Inteqration. This is the sole and entire Agreement
between the parties hereto with respect to the subject matter
hereof,. and it may not be modified, altered or changed except by an
instrument in writing duly and validly executed by both parties.
Section hearings shall be disregarded in construing these Articles
of Agreement for the Sale of Real Estate.
24. Waiver. The failure of any party at any time or times
to require performance of any provision hereof shall in no manner
affect the right to enforce this Agreement. No waiver by any party
of any condition or of the breach of any term, provision, covenant,
representation or warranty contained in this Agreement, whether by
conduct or otherwise, in one or more instances shall be deemed to
be or construed as a further or continuing waiver of any such
conditions or of the breach of another term, provision, covenant,
representation or warranty. No delay or omission of either party
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hereto to exercise any right or power accruing upon any
noncompliance or default by the other party with respect to any of
the terms, covenants or conditions of this Agreement shall impair
any such right or power or be construed to be a waiver thereof.
25. Law of Jurisdiction. These Articles of Agreement for Sale
of Real Estate shall be construed under the laws of the
Commonwealth of Pennsylvania.
26. Bindina Nature of Aareement. These Articles of Agreement
for Sale of Real Estate shall inure to the benefit of and be
binding upon the respective heirs, administrators, executors,
representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the said parties of this Agree~ent have
hereunto set their hands and seals, the day and year first above
written.
121il/d/~~
Neys S. Ketterman, Seller
(SEAL)
(SEAL)
fdlJ l fhiA4
' obert E, Hurley,uyer
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF DAUPHIN
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On this, the b..f-- day of LLpJ\A'l , 199<Z before me,
a Notary PUblic, the undersigned officer, personally appeared Neysa
S. Ketterman, known to me or satisfactorily proven to be the person
whose name is subscribed to the within instrument, and acknowledged
that executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my name and official seal.
B~rl1 N~,~
N ary Public =s:a'llUlIY PlJIlIIo
-~Oaul\ty
My ~0l>L311, 1999
Mel!l'Qef, I'9Msy\'lallla n 01 Nutaries
My commission expires:
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF DAUPHIN
"s-! C' "
On this, the day Of~'J.."L_J , 1998 before me,
a Notary Public, the undersigned officer, personally appeared
Kimberly A. Markley and Robert E. Hurley, known to me or
satisfactorily proven to be the persons whose names are subscribed
to the within instrument, and acknowledged that they executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my name and official seal.
OCI:"'Ll1/,
, 1
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No,tar ublic
NQtarJal Seal
Ja: !~. Hamilton, Notary PUblic
My Co=Ufg, Oauphin Coun~1
SfQA EXP1res Oct. 30, 1999
Member. PennsYlvania Association 01 Notaries
My commission expires:
I . . t!
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AGREEMENT
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ALL THAT CERT A1N lot or piece of ground situAte in the T owns:!Up of EASt Hano...,..,
County of Leb_on, _s State of P<mllllsyl...aniA, hounded and descrihed as folJ.ows, to wit.
BEGINNING At A point on the centerline of Township Road Route #T -324 ( 50 foot
wide), "",iJ point hei"l! the N ..rth_stern COlmer of lAnd now or fOll'merly of Walter E. Shenk;
Thence .,Jo"l! said land lllI.OW or late of Walter ShenJ.:, the following two ""urses an.!. distances.
tV South 8"11 degrees 00 minutes West" distance of ]1.023.92 feet to a point;
(2) North 2ll degrees 35 minutes West a distance..f 5ll0.00 feet to a point;
Thence along l_d now 0.. late of RoruJ.!. E. Peirson, the f..!lowing two cou..ses _.I dietances.
(Jl) N..rth 79 deg....es Jl3 minutes East a distance of 302.00 feet to a point;
(2) North 27 degrees 5Jl minutes West a distance of ll542.00 feet to " ]>Oint;
Thellll.Oe alo"ll 1_.Jls now or late of Dorothy Hollenhaugh Gruh1., George H. Good, Jr., anol.
Ch....les S. Kiscadden, North 70 d.egrees 29 minutes East a disiance of 686.30 feet to a
point;
Thence along said. l..nds the following tllJl"ee courses and dietances.
(Jl) South 55 d.egrees 38 minutes East a distance of 4"110.00 feet to a point;
(2) South '1\lldeg....es 23 minutes East" .l.istance of 53.00 feet to a point;
(3) South M d.egrees 57 minutes 33 s""ond.s East" distance of 24.2.60 feet to a point in said.
centerline of T owuehip rea..!. #T -32'1\;
Thence .,Jo"ll ....id centerline of T oWlllship Road #T -324 the following fi"" courses and
distances.
(Jl) South 00 degrees 56 minutes 23 s""onds East" distance of 84.62 feet to a point;
(2) South ll8 degrees 48 minutes 1()3 s""onds East a distance of 300.00 feet to a point;
(3) South ll5 degrees 25 minutes "113 seconds East a distance of llOO.OO feet to a point;
('1\) South U degrees 32 minutes "113 seoonds East a di.tance of UI()O.I(){j feet to a point;
(5) South ll3 degrees 21 minute. 23 .""onds East a di.tance of 91().52 feet to the Place of
BEGlJNN][NG.
CONT A1NJtNG 46.ll62 acres.
BEJlNG ut No. II on a .uhdivision plan prepared for Charles T. Jones by Matthew &
BooMey As.ociates, Ltd., which plan was duly approved and reco...led in the office for the
r""ording of .l.eed. in lLetanon County on May 31, ll983 in Plan Book 32, Page 44.
Being the same premises which Chules T. Jone. and Ruth S. Jones, his wife, l6y deed. dated
June 23, 1983 and ....cord.ed in Letanon County Record Boo]k 199, Page 377, granted and
con""yed. unto Ri~hard D. Kettell'man and Neysa S. Kettell'ma.Jlll, his wife. Richard D.
Ketterman di....J. F ehruuy 22, 1993, the....by"".ting title inNeysa S. Ketterman, Seller
I._in.
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EXUffiXT A
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HOLST~ HARTSHORN~ ET AL 2571037
P.04
62f25f1998 11: 55' 717-554-6882
JACK GAl)tiHt:N PAX I Ar'iij
t'~ 65
. hereinafter kn9Wlla&;'SeDcr(s). aM " " .
bereinaRer 10;r;::::olh as regard the property silllate at G:.
~ ~ ;LJ.~{'::jl
This Addendum shaU be attached 10 ond made a part of A,roe~lll of Sale dated . S
between the parties herein.
ADDENDUM TO AGREEMENT OF SALE
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lfi AGR]3t:P AS FOLLOWS;' , , ,.. . ,. '
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SB-LE.~A::Gat;eJ}\EN-r ~o BE Q<<A:WN uP 131
BU\pfJ?~~Rf\JE( FOil (lEVIEfAl ~y Sell F;A'.
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(Siner)
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bate:
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Date;
D4te:
(Buyer)
!lev. 12/94
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF
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KIMBERLY A. HURLEY,
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Plaintiff
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VERSUS
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ROBERT E. HURLEY,
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Defendant
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AND NOW,
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DECREED THAT
PENNA.
No.
00-8245
DECREE IN
DIVORCE
"''1- I~
Of' I: '3 ~ /? 117.
@(j)(j)@ , IT IS ORDERED AND
KIMBERLY A. HURLEY
, PLAINTIFF,
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AND
ROBERT E. HURLEY
, 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;
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The terms of the parties' Property Settlement Agreement, dated April 1,
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2002, and attached hereto are incvrporated
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Hurley.SettlementAgmt.ApriI2002.Disk I
PROPERTY SETTLEMENT AGREEMENT
THIS IS AN Agreement made this 1st day of April, 2002, by and between ROBERT E.
HURLEY, (hereinafter referred to as Husband) and KIMBERLY A. HURLEY, (hereinafter
referred to as Wife).
WHEREAS, Husband and Wife were married on May 2, 1998; 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. 00 -
8245 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 from the other, at such place or places as he or she may, from 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 Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peacef~1 existence, separate and apart,
from the other.
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2
The parties have an equitable interest in real estate located at R.D. #1, Grantville, East
Hanover Township, Lebanon County, Pennsylvania (hereinafter the "Grantville Property")
pursuant to an installment sales agreement that the parties entered into for the purchase of
the real estate. In exchange for Husband's completion of all terms contained herein, Wife
hereby agrees to assign and transfer to Husband all of her interest in the Grantville property
and in the agreement of sale. Wife agrees to execute any and all documents required by
Husband's counselor required by the attorney for the sellers of the real estate to confirm that
Wife has no further interest in the agreement of sale and in the real estate subject to the
provisions outlined in paragraph 4. Upon execution of this agreement, Husband agrees to
indemnity and hold Wife harmless with respect to any and all claims or obligations of wife
relating to the agreement of sale or the real estate, and Husband agrees to assume all tax,
insurance and utility obligations, as well as any and all other financial obligations related to
the Grantville Property or the agreement of sale.
3
Husband agrees to provide to Wife free rental of horse stalls and free full care of the horses,
including but not limited to turn-out, fees and hay for two (2) horses for a period of no less
than five (5) years from Aprill, 2002. Upon the expiration ofthe five (5) year period, both
parties agree to negotiate in good faith new terms for the rental of the horse stalls and the care
of two (2) horses. In the event Husband fails to fulfill the obligation contained in this
paragraph, Husband agrees to bear the responsibility for any and all costs associated with
care of the horses until expiration of this term. Such costs shall include, but are not limited to,
boarding fees, turn out fees and feed.
4
Husband hereby gives to wife the right of first refusal with respect to the sale or transfer of
the Grantville Property under any circumstances including: (1) Husband's sale of the
Grantville Property; (2) Husband's death; and (3) Husband's default under the sales
agreement with default defined as the failure to make two (2) consecutive monthly installment
payments, failure to timely pay all taxes when due, failure to maintain property and hazard
insurance on the property, or failure to timely pay the utilities.
Husband agrees to notity Wife within thirty (30) days of default or an offer to purchase the
property by a third party. Wife shall be given thirty (30) days to exercise her option to
purchase the property at market value if market value is agreed upon by the parties. If the
parties cannot agree upon a market value, each party shall retain an appraiser to appraise the
property and the market value shall be determined by an average of the two (2) appraisals. If
the parties cannot agree to that average, they shall jointly retain a third appraiser. All three
(3) appraisals shall then be averaged for the market value which cannot be disputed. Wife
shall then have fifteen (15) days from the determination of market value to exercise her
option. If Wife does not elect to exercise her option, Husband shall be free to sell or transfer
the property.
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5
Husband agrees to pay to Wife the sum of $35,000.00. This payment shall be accomplished by
a personal check from Husband to Wife. The sum of $25,000.00 shall be paid on or before
July 31, 2001, with the balance of $10,000.00 payable to Wife on or before October 1, 2001.
Wife acknowledges receipt of these mentioned payments
6
Each party waives any and all claims to ownership or possession to items of personal property
in the possession of the other party. The parties acknowledge that they have equitably divided
all items of personal property, and that neither party is currently in possession of any items of
personal property that the other party desires to own or possess or that the other party
anticipates to be transferred to them. Included in this waiver is' any claim to the business
interest of the respective parties, retirement accounts, vehicles or any other items of personal
or real property.
7
Each party hereby represents they have disclosed all of the marital assets to the other party in
the negotiations for the consummation of this Agreement.
8
The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Wife
agrees to proceed with finalizing the divorce case. This Agreement shall be incorporated, but
not merged into the decree of divorce.
9
Both parties shall incur their own legal expenses with respect to this divorce litigation
10
The parties agree that they will not contract or incur any debt or liability for which the other
party might be responsible and shall indemnify and save the other party harmless from any
and all claims or demands made against that party by reason of such debts or obligations
incurred by the other party.
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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 parties 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.
12
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
courtesy of claims in the nature of dower or courtesy, 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, commonwealth 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, whether arising as a result of the marital relation or
otherwise, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any provision thereof.
13
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 or documents that may be
reasonably required to give full force and effect to the provisions of this Agreement.
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14
A modification or waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of
either party to insist upon the strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
15
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,
16
It is specifically understood and agreed by and between the parties thereto that each
paragraph hereof shall be deemed to be a separate and independent agreement.
17
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her election, to sue for damages for such breach or seek such other remedies or relief
as may be available to him or her and the party breaching this Agreement shall be responsible
for payment of legal fees and costs incurred by the other in enforcing the rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
18
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
19
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law or otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid
and continue in full force, effect and operation.
20
Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, s\JIccessors
and assigns.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
WITNESS
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KIMBERLY A. HURLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYL VANIA
NO, 00-8245 CIVIL TERM
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code.
2. Date and manner of service ofthe Complaint: Service was accepted by the Defendant on
the 5th day of December, 2000, by certified mail, return receipt requested, receipt number 7099 3400
00092912 1794.
3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code:
by Kimberly A. Hurley, Plaintiff, on April 24, 2002; by Robert E. Hurley, Defendant, on April 2,
2002.
4. Related claims pending: Settled by Property Settlement Agreement dated April I, 2002.
5. Date Plaintiff's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: May 7, 2002
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: April 2, 2002
Respectfully submitted,
REAGER & ADLER, PC
Date: 5) ~) Od.-
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KIMBERLY A. HURLEY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. 00 - [J.JLf-S l?;o~( '7-~
ROBERT E. HURLEY,
Defendant
: CNIL ACTION - LAW
: IN DNORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, 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 the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A ~AyvYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET F0'R:rlH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
/'
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
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KIMBERLY A. HURLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
: NO.
ROBERT E. HURLEY,
Defendant
: CNIL ACTION - LAW
: IN DNORCE
NOTICE OF AVAILABILITY OF COUNSELING
To the Within Named Defendant:
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County. This notice is to advise you that in accordance with
Section 3302(d) ofthe Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the Prothonotary, One Courthouse
Square, Carlisle, peunsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse,
If you desire to pursue counseling, you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
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KIMBERLY A. HURLEY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. ()o- !?.2J-fS' ~ ~
ROBERT E. HURLEY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1. Plaintiff is Kimberly A. Hurley, who currently resides at 211 Bailey Street, New
Cumberland, Cumberland County, Pennsylvania 17070,
2. Defendant is Robert E. Hurley, who currently resides at 2221 Mockingbird Road,
Harrisburg, Dauphin County, Pennsylvania 17112.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months inunediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 2, 1998, in Camp Hill, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff is a citizen of the United States of America.
7, The Defendant is not a member of the Armed Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling,
The parties to this action have been separated since August 26, 2000.
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10. Plaintiff requests the Court to enter a Decree in Divorce.
11. Plaintiff avers that sheihe is the innocent and injured spouse, and that the Defendant
has offered such indignities to the Plaintiff so as to render her/his condition intolerable and life
burdensome,
12. This action is not collusive.
COUNT II
CLA 1M FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF TIlE DIVORCE CODE
13. Plaintiff and Defendant are the owners of various real and personal property,
motor vehicles, bank accounts and insurance policies acquired during their marriage which are
subject to equitable distribution by this Court.
WHEREFORE, the Plaintiff requests the Court to enter a Decree:
a. dissolving the marriage between the Plaintiff and Defendant;
b. equitably distributing all property owned by the parties hereto; and
c. for such further relief as the Court may determine equitable and just.
JAMES, SMITH, DURKIN & CONNELLY
Date I I-I & -()O
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VERIFICATION
I verifY that the statements made in this Pleading are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: 11 I I b I () 0
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Kimberly A. H ley, Plaintiff
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Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AMENDED COMPLAINT
AND NOW, comes Plaintiff, Kimberly A. Hurley, by and through her counsel, Reager
& Adler, PC and amends her Complaint as follows:
14. Paragraphs one (1) through thirteen (13) of this Complaint flled in this matter on
November 22,2000 are incorporated herein by reference.
COUNT ill
ADULTERY
15. Through the course of the marriage, Defendant engaged in adulterous affairs to the
detriment of the marital relation.
16. Plaintiff is the injured and innocent spouse.
WHEREFORE, Plaintiff respectfully requests the court to enter a decree of divorce
pursuant to ~3301(a) of the Divorce Code.
Respectfully submitted,
REAGER & ADLER, PC
Date: l 0 v'( 1 - (') 1
By:
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Debra Denison Cantor, Esquire
ID #66378
2331 Market Street
Camp Hill, P A 17011
717-763-1383
Attorneys for Plaintiff
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VERIFICATION
I, Kimberly A. Hurley, verify that the statements made in the foregoing pleading are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities,
Date: ~/() J
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KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245
ROBERT E. HURLEY,
CNIL ACTION - LAW
IN DNORCE
Defendant
CERTIFICATE OF SERVICE
I, Angela A. Kelly do hereby certify that on this date I served the foregoing Amended
Complaint by depositing a true and exact copy thereof in the United States mail, first class,
postage prepaid, addressed as follows:
Hubert X. Gilroy, Esquire
Broujos & Gilroy
4 North Hanover Street
Carlisle, PA 171013
REAGER & ADLER, PC
Date: krt 1-0 I
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Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245 CIVIL TERM
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on
November 22, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry ofthe decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
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Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245 CIVIL TERM
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
~ 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 are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn
falsification to authorities.
Date:
,#1/06
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Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 00 - 8245 CIVIL TERM
ROBERT E. HURLEY,
Defendant
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on
November 22, 2000.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about
November 24, 2000.
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 alimony, 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.
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7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
Date:
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KIMBERLY A. HURLEY,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-8245 Civil Term
ROBERT E. HURLEY,
DEFENDANT
: CNIL ACTION - LA VI\.
: IN DNORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF DAUPHIN
AND NOW, this 1.5J.1 day of ~J-Uc) ,2000, personally appeared before
me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire,
who, being duly swom according to law, deposes and says that a copy of the Divorce Complaint
was served on the Defendant, Robert E. Hurley, on December 5, 2000 by certified mail number
7099 3400 0009 2912 1794, addressee only, return receipt requested, as evidenced by the return
receipt card attached hereto and made a part hereof.
Swom to and subscribed
before me this Ion.
day of ~Ifl D ~ 2000.
VA)} lV" ~Jc.J
~ary Public
J NOTARIAL SEAL
ean L. Kosle N
City of Hummelst r, olary PUblic
My CommiSSion~.?ounty 01 Dauphin
pIres Feb. 9, 2004
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!I" COOJpleie itemsi, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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3. Service e
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4. Restricted Delivery? (Extra Fee) JirYes
2. Article-Number (Copy from service labelj
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Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DNORCE
RULE TO SHOW CAUSE
AND NOW, this 14ift... day of June 2001, upon review of Plaintiffs Petition for
Bifurcation, Defendant is ordered to show cause, if any, why the bifurcated divorce should not
be granted.
Rule is returnable ~C> days from date of service.
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KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245
ROBERT E. HURLEY,
Defendant
CML ACTION - LAW
IN DNORCE
PETITION FOR BIFURCATION
AND NOW, comes Plaintiff, Kimberly A. Hurley, by and through her counsel, Reager
& Adler, PC, and f1!es this Petition for Bifurcation, and in support thereof avers as follows:
1. Petitioner, Kimberly A. Hurley, is an adult individual residing at 211 Bailey Street,
New Cumberland, Pennsylvania 17070.
2. Respondent, Robert E. Hurley, is an adult individual residing at 221 Mockingbird
Road, Harrisburg, Pennsylvania 17112.
3. The parties are husband and wife, having been married on May 2, 1998.
4. A Complaint in Divorce was f1!ed on November 22,2000, raising claims under the
no-fault section of the Divorce Code and equitable distribution.
5. An Amended Complaint raising adultery was f1!ed by Petitioner on about June 11,
2001.
6. Neither party has raised claims for alimony, alimony pendente lite, or other forms of
maintenance or support.
7. Petitioner is currently five (5) months pregnant and is expecting this child with a man
other than her husband.
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8. It is Petitioner's desire and intent to remarry in order to have her child born in
wedlock.
9. Petitioner has requested Respondent's consent to bifurcation which has been denied.
10. Each party provides their own health insurance and neither party has made a claim
for support from one another.
11. Neither party will be prejudiced by the granting of the bifurcation and it is in the
Petitioner's and her unborn child's best interest to permit his or her birth in a legitimate family
unit.
12. This court has authority to grant a bifurcation under 23 Pa.C.S.A. S3323(c).
WHEREFORE, Petitioner requests this Honorable Court to grant her request for
bifurcation of the divorce.
Respectfully submitted,
REAGER & ADLER, PC
Date:
~~lJ '"i) 1.
By:
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Debra Denison Cantor, Esquire
ID #66378
2331 Market Street
Camp Hill, P A 17011
717-763-1383
Attorneys for Plaintiff
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VERIFICATION
I, Kimberly A. Hurley, verify that the statements made in the foregoing pleading are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
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KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO.,
PENNSYL VANIA
NO. 00-8245
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Angela A. Kelly, do hereby certify that on this date I served the foregoing Petition for
Bifurcation by depositing a true and exact copy thereof in the United States mail, first class,
postage prepaid, addressed as follows:
Hubert X. Gilroy, Esquire
Broujos & Gilroy
4 North Hanover Street
Carlisle, PA 171013
REAGER & ADLER, PC
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PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. 00 - 8245 CIVIL TERM
ROBERT E. HURLEY,
DEFENDANT
: CIVIL ACTION . LAW
: IN DIVORCE
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of John J. Connelly, JI., Esquire on behalf of the Plaintiff,
Kimberly A. Hurley, in the above-captioned action.
Date:
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Debra Denison Cantor, Esquire on behalf of the Plaintiff,
Kimberly A. Hurley, in the above-captioned action.
Date: 511~
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Plaintiff
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. 00-f>~lfS C;c.>:"'C~
: CNIL ACTION - LAW
: IN DNORCE
ROBERT E. HURLEY,
Defendant
PRAECIPE TO ENTER SOCIAL SECURITY NUMBERS
TO THE PROTHONOTARY:
Please enter the following social security numbers in the above-captioned divorce action:
Kimberly A. Hurley - 165-60-9845
Robert E. Hurley - 217-86-0804
JAMES, SMITH, DURKIN & CONNELLY LLP
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Plaintiff
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NO.
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
Hl05.IS7 REV. IWIO
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KIMBERLY A. HURLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
: NO. 00-8245 CIVIL TERM
ROBERT E. HURLEY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE OF ELECTION TO RESUME MAIDEN NAME
Notice is hereby given that a final decree in divorce being granted, Kimberly A.
Hurley hereby elects to resume her prior narne of Kimberly A. Markley and gives this written
notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704.
Kim~O-~
to be known as:
I~ ~M.a~
Kimberly A. Markley
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF {! urn b-v.ifl...Md
On the $1 day of May, 2002, before me, a Notary Public, personally appeared
Kimberly A. Hurley, tib/kla Kimberly A. Markley, known to me to be the person whose
name is subscribed to the within document and acknowledged that she executed the
foregoing for the purpose therein contained.
SS.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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I Notar Public
Notarial Seal
Susanne K. Sather, Notary Public
Camp Hill Born, CumberlaiKl County
My Commi.sion Expire. Aug. 25, 2005
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KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
Plaintiff
IN DIVORCE
v.
ROBERT E. HURLEY,
Defendant
CERTIFICATE OF SERVICE
I, Stacy A. Sollenberger, Secretary with the law firm of Cunningham & Chernicoff, P.C.,
hereby certify that on the 3'd day of March, 2005, a true and correct copy of the Emergency
Petition for Special Relief was served by fust-class U.S. Mail, postage prepaid, to:
Mr. Robert E. Hurley
209 Printers' Alley
Nashville, TN 37102
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By:
Stacy A. Soll erger
2320 North S cond Street
P. O. Box 60457
Harrisburg, PA 17106-0457
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KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
Plaintiff
IN DIVORCE
v.
ROBERT E. HURLEY,
Defendantt
RULE TO SHOW CAUSE
AND NOW, this ~ day of 1tI.J.. ,2005, upon review and
consideration of the attached Emergency Petition for Special Relief, a Rule is issued against the
Defendant; Robert E. Hurley, to show cause, if any he has, why the relief sought in the attached ".
Emergency Petition ,for Relief should not be granted. ~
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KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
Plaintiff
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ROBERT E. HURLEY,
EMERGENCY PETITION FOR SPECIAL RELIEF
AND NOW, comes your Petitioner, Kimberly A. Hurley, now known as Kimberly A.
Markley, by and thrbugh her counsel, Cunningham & Chemicoff, P.C., and files her Emergency
Petition for Special Relief and in support thereof avers as follows:
1. Petitioner, Kimberly A. Hurley, now known as Kimberly A. Markley ("Petitioner"
or "Ms. Markley") is an adult individual with a current address of 114 Evergreen Road, Palmyra,
Lebanon County, Pennsylvania 17078.
2. Respondent, Robert E. Hurley ("Respondent" or "Mr. Hurley"), is an adult individual
with a last known address of209 Printers' Alley, Nashville, Tennessee 37102.
3. Ms. Markley and Mr. Hurley were divorced pursuant to a Decree set forth under the
above captioned docket number on or about May 14, 2002.
4. Prior to their divorce, Ms. Markley and Mr. Hurley entered into a Property Settlement
Agreement, dated April I, 2002 (the "Property Settlement Agreement"), which was incorporated
by reference into the parties' divorce, but did not merge with the divorce decree. A true and
correct copy of the Property Settlement Agreement is attached hereto as Exhibit "A" and is
incorporated herein by reference.
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THE REAL ESTATE AGREEMENT
5. Paragraphs 1-4 are incorporated by reference as if more fully set forth herein.
6. On or about April 1, 1998, Ms. Markley and Mr. Hurley executed a document entitled
Articles of Agreement for Sale of Real Estate (the "Real Estate Agreement"). A true and correct
copy of the Real Estate Agreement is attached hereto as Exhibit "B" and is incorporated herein
by reference.
7. Pursuant to the Real Estate Agreement, Ms. Markley and Mr. Hurley, as Buyers,
agreed to purchase from Seller, Neysa S. Ketterman (the "Seller") that certain parcel of real
estate consisting of forty-six (46) acres on Homestead Road, East Hanover Township, Lebanon
County, Pennsylvania (the "Premises"). The Legal Description of the Premises is attached to the
Real Estate Agreement, which has been attached to the instant Petition and marked as Exhibit
"B".
8. Pursuant to the Real Estate Agreement, the Seller agreed to sell the Premises to Ms.
Markley and Mr. Hurley.
9. Ms. Markley and Mr. Hurley agreed to be legally bound by a number of mutual
covenants set forth in the Real Estate Agreement. Such covenants include, but are not limited to,
the following:
2 (C) To pay Seller the sum of$115,000.OO, lawful money,
seven (7) years from the date [of the Agreement] hereof,
together with interest on the unpaid principal debt at the
rate of 8% per annum, amortized over a period of thirty
(30) years, payable in monthly installments of$843.83,
beginning on May 1, 1998, and thereafter on the same
day of each succeeding month. . ., the total balance due on
the purchase price shall be due and payable no later than
seven (7) years from the date [of the Agreement] hereof.
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2 (D) Buyer shall make an additional monthly payment of l/12th
of the then current annual real estate taxes with each monthly
payment of the purchase price.
2 (E) Buyer shall pay a penalty of 10% of any payment which is
not made by the fifteenth (15th) of any month when due.
7. Indemnity and Insurance. Buyer agrees to keep the building
insured against fire and other casualties in the amount of no
less than $50,000.00, and shall also carry general comprehensive
coverage against personal injury in the amount of $1 00,000.00 per
individual and $200,000.00 per occurrence. All insurance policies
shall name Seller and existing mortgagee as an additional insured
as their interests may appear. Buyer shall furnish Seller with proof
of said insurance and receipts of payment of all insurance premiums
within thirty (30) days of payment.
10. The default of Buyer was defined by the Real Estate Agreement as follows:
12. Default of Buyer. In the event that Buyer shall fail to make
any payment of principal or interest within fifteen (15) days
of the date when due hereunder, or should the Buyer violate
or fail to fulfill and perform any of the other terms or conditions
of this Agreement within thirty (30) days of receiving written
notice of such breach from Seller, the Seller shall retain all
monies theretofore paid on account as liquidated damages,
which shall be Seller's sole remedy for damages, and the rights
of the Buyer in this Agreement shall terminate at the time thereof.
In said event, the Buyer hereby authorizes any attorney of record
in the Commonwealth of Pennsylvania or elsewhere to appear for
him and confess judgment in ejectment and issue execution for
possession of the said Premises.
11. According to the Property Settlement Agreement, Ms. Markley agreed to assign and
transfer to Mr. Hurley all of her interest in the Premises and in the Real Estate Agreement, in
exchange for Mr. Hurley's completion of all of the terms contained within the Property
Settlement Agreement.
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12. Mr. Hurley, in the Property Settlement Agreement, agreed to indemnifY and hold Ms.
Markley harmless with respect to any and all claims or obligations of Ms. Markley relating to the
Real Estate Agreement or the Premises, and Mr. Hurley agreed to assume all tax, insurance, and
utility obligations, as well as any other financial obligations related to the Premises or the Real
Estate Agreement.
13. Pursuant to the Property Settlement Agreement, Ms. Markley maintains the right of
first refusal with respect to the sale or transfer of the Premises under any circumstances
including, but not limited to:
Mr. Hurley's default under the Sales Agreement [the
Real Estate Agreement] with default defined as the failure
to make two (2) consecutive monthly installment payments,
failure to pay all taxes when due, failure to maintain property
and hazard insurance on the Premises, or failure to pay
the utilities.
14. Pursuant to the Property Settlement Agreement, Mr. Hurley agreed to notifY Ms.
Markley within thirty (30) days of any default on his part under the Real Estate Agreement.
15. Upon notice of such default, the Property Settlement Agreement provides that Ms.
Markley was to be given thirty (30) days to exercise her option to purchase the Premises at
market value if market value was agreed upon by the parties.
16. Mr. Hurley has defaulted under the terms of both the Property Settlement Agreement
and the Real Estate Agreement.
17. Ms. Markley believes, and therefore avers, based on statements made by Mr. Hurley,
and the Seller, that he failed to make all payments required under the Real Estate Agreement and
Property Settlement Agreement.
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18. Ms. Markley believes, and therefore avers, based on statements made by Mr. Hurley
and the Seller, that the amount of Mr. Hurley's default is approximately $60,000.00.
19. Ms. Markley believes, and therefore avers, based on statements made by Mr. Hurley
and the Seller, that Mr. Hurley has failed to maintain insurance on the Premises as required by
the Real Estate Agreement and the Property Settlement Agreement.
20. Mr. Hurley has failed to notify Mr. Markley of his default under the Real Estate
Agreement within thirty (30) days as required by the Property Settlement Agreement.
21. Mr. Hurley has failed to provide Ms. Markley her right of first refusal to purchase the
Premises as required by the Property Settlement Agreement in the event of Mr. Hurley's default
under the Real Estate Agreement.
22. Ms. Markley wishes to exercise her right of first refusal to the purchase of the
Premises.
23. Mr. Markley has no adequate remedy at law.
24. Ms. Markley should be given the right to purchase the Premises directly from Seller
due to Mr. Hurley's default under both the Property Settlement Agreement and the Real Estate
Agreement.
25. The Real Estate Agreement will expire and the Premises will revert to the Seller on
April I, 2005, if all defaults are not cured and the final payment is not made prior to that date.
26. According to the Real Estate Agreement, the Seller may confess judgment against
Ms. Markley and Mr. Hurley and move for immediate ejectment in the event of their default
under the Real Estate Agreement.
5
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27. Immediate and irreparable harm will result unless Ms. Markley is given the option to
purchase the Premises directly from the Seller.
WHEREFORE, Petitioner, Kimberly A. Hurley, now known as Kimberly A. Markley,
hereby respectfully requests that this Honorable Court grant her emergency special relief and
order that she be permitted to purchase the Premises directly from the Seller pursuant to the Real
Estate Agreement.
ADDITIONAL VIOLA nONS OF THE PROPERTY SETTLEMENT AGREEMENT
28. Paragraphs 1-27 are incorporated by reference as if more fully set forth herein.
29. Paragraph 3 of the Property Settlement Agreement states that Mr. Hurley agrees to
provide Ms. Markley free rental of horse stalls and free full care of the horses, including but not
limited to turn-out, feed and hay for two (2) horses for a period of no less than five (5) years from
April 1, 2002.
30. Paragraph 3 of the Property Settlement Agreement further states that in the event Mr.
Hurley fails to fulfill the obligation contained in Paragraph 3, Mr. Hurley agrees to bear the
responsibility for any and all costs associated with the care of the horses until expiration of the
term. Such costs shall include, but are not limited to, boarding fees, turn-out fees, and feed.
31. According to Paragraph 17 of the Property Settlement Agreement, if either party
breaches any provisions of the Property Settlement Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
relief as need be available to him or her and the party breaching the Agreement shall be
responsible for payment of legal fees and costs incurred by the other in enforcing the rights under
this Agreement, or in seeking such other remedies or relief as may be available to him or her.
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32. As of the date of filing this Petition, Ms. Markley has incurred expenses that were to
be covered by Mr. Hurley pursuant to the Property Settlement Agreement in the total amount of
$5,247.51. A true and correct copy of a description of the expenses paid by Ms. Markley and the
amounts of such expenses is attached hereto as Exhibit "Cn and is incorporated herein by
reference.
33. As of the date of this Petition, Ms. Markley has incurred $2,000.00 in attorneys fees
associated with Mr. Hurley's breach ofthe parties' Agreement and her counsel's efforts to
enforce the tenns of this Agreement.
WHEREFORE, Petitioner, Kimberly A. Hurley, now known as Kimberly A. Markley,
respectfully requests this Honorable Court enter an Order that Respondent, Robert E. Hurley,
shall satisfy all of his payment obligations to Petitioner under the Agreement. Specifically,
Respondent shall pay Petitioner, within twenty (20) days of the date of the Order, the amount of
$5,247.51, plus an additional $2,000.00 in attorneys fees, representing (I) $5,247.51 due under
Paragraph 7; (2) $2,000.00 representing Petitioner's attorneys fees incurred to date; and (3) any
further attorneys fees incurred by Petitioner in her efforts to enforce the terms of the Property
Settlement Agreement.
By:
Date: ~ ;t~005
homeltlfi'petitionlmarldey
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KlMBERLY A. HURLEY,
now known as KlMBERL Y A.
MARKLEY,
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: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-8245
IN DNORCE
v.
ROBERT E. HURLEY,
Defendant
CERTIFICATE OF SERVICE
I, Kelly M. Knight, Esq., Attorney for Petitioner, hereby certify that on the 2:i!!-o.ay
of February, 2004, a true and correct copy of the Petition for Special Relief, was served by first-
class U.s. Mail, postage prepaid, to:
Mr. Robert E. Hurley
209 Printers' Alley
Nashville, TN 37102
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The parties have an equitable interest in real estate located at R.D. #1, Grantville, East
Hanover Township, Lebanon County, Pennsylvania (hereinafter the "Grantville Property")
pursuant to an installment sales agreement that the parties entered into for the purchase of
the real estate. In exchange for Husband's completion of all terms contained herein, Wife
hereby agrees to assign and transfer to Husband all of her interest in the Grantville property
and in the agreement of sale. Wife agrees to execute any and all documents required by
Husband's counselor required by the attorney for the sellers of the real estate to confirm that
Wife has no further interest in the agreement of sale and in the real estate subject to the
provisions outlined in paragraph 4. Upon execution of this agreement, Husband agrees to
indemnify and hold Wife harmless with respect to any and all claims or obligations of wife
relating to the agreement of sale or the real estate, and Husband agrees to assume all tax,
insurance and utility obligations, as well as any and all other financial obligations related to
the Grantville Property or the agreement of sale.
3
Husband agrees to provide to Wife free rental of horse stalls and free full care of the horses,
including but not limited to turn-out, fees and hay for two (2) horses 'or a period of no less
than fIVe (5) years from April 1, 2002. Upon the expiration of the rIVe (5) year period, both
parties agree to negotiate in good faith new terms for the rental ofthe horse stalls and the care
of two (2) horses. In the event Husband fails to fulfill the obligation contained in this
paragraph, Husband agrees to bear the responsibility for any and all costs associated with
care of the horses until expiration of this term. Such costs shall include, but are not limited to,
boarding fees, turn out fees and feed.
4
Husband hereby gives to wife the right of first refusal with respect to the sale or transfer of
the Grantville Property under any circumstances including: (1) Husband's sale of the
Grantville Property; (2) Husband's death; and (3) Husband's default under the sales
agreement with default defined as the failure to make two (2) consecutive monthly installment
payments, failure to timely pay all taxes when due, failure to maintain property and hazard
insurance on the property, or failure to timely pay the utilities.
Husband agrees to notify Wife within thirty (30) days of default or an offer to purchase the
property by a third party. Wife shall be given thirty (30) days to exercise her option to
purchase the property at market value if market value is agreed upon by the parties. If the
parties cannot agree upon a market value, each party shall retain an appraiser to appraise the
property and the market value shall be determined by an average of the two (2) appraisals. If
the parties cannot agree to that average, they shall jointly retain a third appraiser. All three
(3) appraisals shall then be averaged for the market value which cannot be disputed. Wife
shall then have fifteen (15) days from the determination of market value to exercise her
option. If Wife does not elect to exercise her option, Husband shaD be free to seD or transfer
the property.
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Husband agrees to pay to Wife the sum of$35,000.00. This payment shall be accomplished by
a personal check from Husband to Wife. The sum of $25,000.00 shall be paid on or before
July 31, 2001, with the balance of $10,000.00 payable to Wife on or before October 1, 2001.
Wife acknowledges receipt of these mentioned payments
6
Each party waives any and all claims to ownership or possession to items of personal property
in the possession of the other party. The parties acknowledge that they have equitably divided
all items of personal property, and that neither party is currently in possession of any items of
personal property that the other party desires to own or possess or that the other party
anticipates to be transferred to them. Included in this waiver is any claim to the business
interest of the respective parties, retirement accounts, vehicles or any other items of personal
or real property.
7
Each party hereby represents they have disclosed all of the marital assets to the other party in
the negotiations for the consummation of this Agreement.
8
The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Wife
agrees to proceed with finalizing the divorce case. This Agreement shall be incorporated, but
not merged into the decree of divorce.
9
Both parties shaD incur their own legal expenses with respect to this divorce litigation
10
The parties agree that they wiD not contract or incur any debt or liability for which the other
party might be responsible and shaD indemnify and save the other party harmless from any
and all claims or demands made against that party by reason of such debts or obligations
incurred by the other party.
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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 ofthe parties shall remarry, it being understood by and between
the parties 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 A~ment to survive any
judgment and to be forever binding and conclusive upon the parties.
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Husband and Wife do hereby mutuaDy 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
courtesy of claims in the nature of dower or courtesy, 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, commonwealth or territory of the United
States, or any other country or any right which either party may now have or at anytime
bereafter have for past, present or future support or maintenance, aIimony,alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the exeeution of this
Agreement a full, complete and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any provision thereof.
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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 or documents that may be
reasonably required to give full force and effect to the provisions of this Agreement.
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A modification or waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of
either party to insiSt upon the strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
15
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.
16
It is specifically understood and agreed by and between the parties thereto that each
paragraph hereof shall be deemed to be a separate and independent agreement.
17
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her election, to sue for damages for such breach or seek such other remedies or relief
as may be available to him or her and the party breaching this Agreement shall be responsible
for payment of legal fees and costs incurred by the other in enforcing the rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
18
This Agreement shall be construed under the laws ofthe Commonwealth of Pennsylvania.
19
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law or otherwise, then only that te..m, condition, clause or provision
shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid
and continue in fuD force, effect and operation.
20
Except as otherwise set forth herein, this Agreement shall be binding and shaD inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
~ J/J,.
OBERT E. HVRLEY
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ARTICLES OF AGREEMENT
FOR SALE OF REAL ESTATE
This agreement, made this /Sr day of April, 1998, by and
between Neysa S. Ketterman, single woman, "Seller",
AND
Kimberly A. Markley and Robert E. Hurley, "Buyers",
WITNESSETH
WHEREAS, Seller is the owner of a certain parcel of real
property wit.h improvements situate thereon, consisting of forty-six
acres on Homestead Road, East Hanover Township, Lebanon County,
Pennsylvania, and more particularly described as set forth in
Exhibit A attached hereto and made a part hereof; and
WHEREAS, Seller has agreed to sell and Buyer has agreed to
purchase the said property on the terms and conditions hereinafter
set forth;
NOW THEREFORE, the parties, intending to be legally bound
hereby, and in consideration of the mutual covenants herein
contained, agree as follows:
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1. Aareement to Sell. Seller hereby agrees to sell and
convey to Buyer who agrees to purchase, upon the terms and
conditions hereinafter set forth, the aforesaid premises, on an "as
is" basis.
2. Purchase Price. The purchase price to be paid by Buyer to
Seller shall be $130,000. The purchase price shall be paid by Buyer
to Seller as follows:
(A) Deposit of $5,000.00.
(B) Upon execution of this Agreement, the sum of
$10,000.00.
(C) The sum of $115,000.00, lawful money, seven years
from the date hereof, together with interest on the unpaid
principal debt at the rate of 8% per annum, amortized over a period
of 30 years, payable in monthly installments of $843.83, beginning
on May 1, 1998, and thereafter on the same day of each succeeding
month, said installments shall be applied first to the interest
then due and the balance on account of the principal debt. Nothing
contained herein withstanding, the total balance due on the
purchase price shall be due and payable no later than seven years
from the date hereof.
(D) Buyer shall make an additional monthly payment of
one-twelfth of the then-current annual real estate taxes with each
monthly payment of the purchase price.
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(E) Buyer shall pay a penalty of 10% of any payment
which is not made by the 15th of any month when due.
(F) The Buyer has the privilege of paying the Whole or
any part of the purchase price without penalty at any time.
3. Apportionment of Exoenses and Taxes. The Buyer is to be
responsible for the payment of any and all utility bills, sewer
charges, and any other taxes or assessments resul tinq from the
possession and ownership of the subject premises with the exception
of real estate taxes,. which shall be paid by Seller. Each party
shall furnish to the other receipts of payment of all taxes by the
end of each calendar year and receipts of payment of municipal
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charges by the end of each calendar quarter. At the time the
purchase price is paid in full and the property is conveyed to
Buyer, all realty transfer taxes shall be paid equally, one-half
(~) by Seller and one-half (~) by Buyer.
4. Title and Convevance. Upon payment of purchase price, the
Title to the premises shall be conveyed in fee simple by General
Warranty Deed. Title to the premises shall be good and marketable,
such as will be insured at regular rates by any reputable title
insurance company, and shall be free and clear from all liens and
encumbrances, except for recorded restrictions, all utility
easements, and except for any liens and encumbrances directly
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caused or created by the Buyer, and the provisions of the zoning
ordinance affecting the use of said premises, if any.
5. Comnliance with Notices. Buyer shall comply, at Buyer's
expense, with the requirements of any and all notices relating to
the property which may be issued by any municipal or other public
authority after the date hereof, and Buyer shall pay for all work
and improvements done or ordered by such authority after the date
hereof, including those for which a lien may be filed against the
premises if they are not paid. Seller represents and warrants that
Seller has no knowledge or any notice of assessment or violation
notice issued by any municipal or public authority requiring work
on or with respect to the premises or the streets abutting same.
6. Pro~ertv Included. The sale of this property includes
all fixtures and appliances located at the property and owned by
the Seller at the time of signing this Agreement, as well as all
electric, heating, air conditioning, plumbing fixtures, systems and
equipment, and all other fixtures permanently attached to the
premises, and all existing trees and shrubbery.
7. Indemnitv and Insurance. Buyer agrees to keep the
building insured against fire and other casualties in the amount of
no less than Fifty Thousand Dollars ($50,000), and shall also carry
General Comprehensive coverage against personal injury in the
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amount of One Hundred Thousand Dollars and 00/100 {$100,000.00} per
individual and Two Hundred Thousand Dollars and 00/100 ($200,000)
per occurrence. All insurance policies shall name Seller and any
existing mortgagee as an additional insured as their interests may
appear. Buyer shall furnish Seller with proof of said insurance and
receipts of payment of all insurance premiums within thirty {30}
days of payment.
8. Maintenance and Retlair. Buyer agrees to maintain the
premises in a reasonable state of repair at its sole expense
throughout the term of this Agreement.
9. Liens.
{A} Seller agrees not to perform any act or execute any
instrument which would create a lien against the premises, but in
the event of the entry of an involuntary lien or encumbrance, to
give written notice to Buyer within thirty (30) days of entry of
the lien or encumbrance.
(B) In the event of any mortgage, judgment, lien or
other encumbrance affecting title to the premises existing at the
date of the execution of this Agreement or hereafter entered of
record and default in the payment is made by the Seller, then Buyer
shall have the right to make the delinquent payment and to receive
credit for the full amount of said payments made by the Buyer and
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to deduct the amount thereof from the required monthly payments
under this Agreement. Prior to exercisinq the rights stated in
this paragraph, Buyer shall qive Seller 48 hours notice by
certified mail of his intent to do so, but this provision shall not
limit Buyer's right to make the delinquent payments and to claim
credit therefor.
10. Condemnation. In the event of condemnation of the
property or any portion thereof by any qovernmental agency, public
authority or utility, prior to the payment of the outstandinq
principal balance, the payment of the outstandinq principal
balance, the payment of damages for the taking shall be the
property of the Buyer, provided, however, that the Buyer shall
apply. all or part of the compensation received to the unpaid
principal balance herein on a proportionate basis to the extent of
the taking.
11. Structural Chanqes. Maior Improvements or Alterations.
Any and all chanqes, major improvements or alterations to be made
to the existing structures on the premises by the Buyer shall be
subject to the prior written approval of Seller, which shall not be
unreasonably withheld. In the event that such changes are to be
made, Buyer shall indemnify Seller from the imposition of
mechanics' claims, mechanics' liens, and encumbrances of any nature
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which might affect Seller's interest in the sUbject premises except
as otherwise may be agreed in writing.
Buyer shall file a Stipulation Against Liens prior to
making any structural changes or alterations to the premises.
In the event of Buyer's default as to the terms of this
Agreement, any and all improvements and additions made to the
SUbject premises shall be and remain a permanent part of the
premises; they shall not be removed by Buyer and Buyer will not be
entitl~d to any reimbursement therefore; nevertheless, if such
improvements, alterations or additions were made to the existing
structures without the written prior approval of Seller, Buyer will
remove same within thirty (30) days, upon written notice from
Seller to do so. In the event of such notice Buyer shall restore
the surfaces from which some improvements were removed so that they
shall be in conformity with the surrounding surfaces.
12. Default of Buver. In the event that Buyer shall fail to
make any payment of principal or interest within fifteen (15) days
of the date when due hereunder, or should the Buyer violate or fail
to fulfill and perform any of the other terms or conditions of this
Agreement within thirty (30) days of receiving written notice of
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such breach from Seller, the Seller shall retain all monies
theretofore paid on account as liquidated damages, which shall be
Seller's sole remedy for damages, and the rights of the Buyer in
this Agreement shall terminate at the time thereof. In said event,
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the Buyer hereby authorizes any attorney of record in the
Commonwealth of Pennsylvania or elsewhere to appear for him and
confess judgment in ejectment and issue execution for possession of
the said premises.
13. Bankruptcv. In the event of the filing of a petition in
bankruptcy, whether voluntary or involuntary by or against buyer,
there shall become due immediately upon the filing of said
petition, all amounts remaining due under this Agreement, and
Seller shall have the further right in said event to forfeit and
terminate this Agreement. The said forfeiture is to be affected by
giving notice in writing to Buyer. In said event, the Buyer hereby
authorizes any attorney of record in the Commonwealth of
Pennsylvania or elsewhere to appear for him and confess judgment in
ejectment and issue execution for possession of the said premises.
14 . Default bv Seller. In the event that title cannot be
conveyed by Seller to Buyer at settlement in accordance with the
requirements of this Agreement, Buyer shall have the option of
taking such title as Seller can give (without any abatement of the
purchase price), or of terminating this Agreement and being repaid
all monies paid on account of the purchase price hereof, together
wi th the amount of any reasonable costs incurred by Buyer for
searching the title; but whichever of said alternatives Buyer may
choose, Buyer shall not have any right to reimbursement for any
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other costs or expenses incurred by Buyer or any other element of
damage under this Agreement.
15. Assianment. This Aqreement shall not be assigned or
transferred by the Buyer voluntarily or involuntarily or by
operation of law without the prior written consent of the Seller.
Subject to said conditions, any Assignment shall be binding upon
the Buyer, his heirs, executors, administrators and assigns.
16. Risk of Loss. Destruction of, or damage to, any building
or other improvement now or hereafter erected or to be placed on
the subject property, whether said damage or destruction is caused
by fire or other casualty, shall not release Buyer from any of
Buyer's obligations under this Agreement, it being expressly
understood by and between the parties that Buyer shall bear all
risk of loss to or damage to the subject property on or after the
date of this Agreement.
17. Encumbrance Bv Buver. Buyer's equitable title in the
subject real estate, or any part thereof, shall not be pledged or
voluntarily encumbered by Buyer, in any manner whatsoever without
the prior written consent of Seller. Buyer shall indemnify and hold
Seller harmless from any loss sustained by Seller in the event that
Buyer shall pledge or voluntarily encumber the subject real estate
without the prior written consent of Seller.
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18. Litiaation. Should any litigation be commenced between
the parties hereto concerning said Property, this Agreement, or the
rights and duties of either in relation thereto, the party, Buyer
or Seller, prevailing in such litigation, shall be entitled, in
addition to such other relief as may be granted, to a reasonable
sum as and for th,e party's attorney I s fees and costs in such
litigation which shall be determined by the court during such
litigation or in a separate action brought for that purpose.
19. Notices and Payments. All notices to be given by either
party to the other shall be in writing, shall be served by
depositing such notice in the united States mail, certified,
properly addressed and directed to the party to receive the same at
such address as each party shall designate to the other. The date
of service shall be deemed to be the date of mailing. All payments
due under this Agreement shall be served either personally or by
ordinary mail.
20. Possession. Possession of said premises is to be
delivered to Buyer upon the execution of this Agreement.
21. Deed in Escrow. Upon the execution of this Agreement,
Seller shall execute a general warranty deed conveying all of
Seller's right, title and interest in the Property of the Buyer.,
Said deed shall be delivered by Seller to Seller I s attorney.
Seller's attorney shall hold said deed in escrow until such time as
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the purchase price, together with any unpaid interest, is paid in
full. At that time, Seller's attorney shall deliver said deed to
Buyer for recording.
22. AD'Olication of statute. This is an "Installment Land
Contract" under Act No. 81, approved June 8, 1965 (68 P.S. Section
901) and hereby incorporates Section 3,4,5,6,7,8, and 9 of that
Act. In the event of any inconsistencies between this Agreement and
said Act, the provisions of the Act shall prevail.
23. rnteqration. This is the sole and entire Agreement
between the parties hereto with respect to the subject matter
hereof"and it may not be modified, altered or changed except by an
instrument in writing duly and validly executed by both parties.
Section hearings shall be disregarded in construing these Articles
of Agreement for the Sale of Real Estate.
24. Waiver. The failure of any party at any time or times
to require performance of any provision hereof shall in no manner
affect the right to enforce this Agreement. No waiver by any party
of any condition or of the breach of any term, provision, covenant,
representation or warranty contained in this Agreement, whether by
conduct or otherwise, in one or more instances shall be deemed to
be or construed as a further or continuing waiver of any such
conditions or of the breach of another term, provision, covenant,
representation or warranty. No delay or omission of either party
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hereto to exercise any right or power accruing upon any
noncompliance or default by the other party with respect to any of
the terms, covenants or conditions of this Agreement shall impair
any such right or power or be construed to be a waiver thereof.
25. Law of Jurisdiction. These Articles of Agreement for Sale
of Real Estate shall be construed under the laws of the
Commonwealth of Pennsylvania.
26. Bindfna Nature of Aareement. These Articles of Agreement
for Sale of Real Estate shall inure to the benefit of and be
binding upon the respecti ve heirs, administrators, executors,
representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the said parties of this Agreement have
hereunto set their hands and seals, the day and year first above
written.
N~~~r
(SEAL)
(SEAL)
fJ!: 4u~~;!~Yer
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF DAUPHIN
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On this, the Is-!- day of tlr./u'l , 199~ before me,
a Notary Public, the undersigned officer, personally appeared Neysa
s. Ketterman, known to me or satisfactorily proven to be the person
whose name is sUbscribed to the within instrument, and acknowledged
that executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my name and official seal.
B il--LL M N(litlA~,
Nary Public . .. "'~P\DIiC
M, ...~
"SO 1999
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My commission expires:
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COMMONWEALTH OF PENNSYLVANIA :
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COUNTY OF DAUPHIN
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On this, the day Of~'1."'LJ , 1998 before me,
a Notary Public, the undersigned officer, personally appeared
Kimberly A. Markley. and Robert E. Hurley, known to me or
satisfactorily proven to be the persons whose names are subscribed
to the within instrument, and acknowledged that they executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my name and official seal.
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Notarial Seal
Jane M. Hamilton, N~ Public
My C ~uf9, Dauphin Coun~1
OIRIIli$S/QA Expires Oct. 30, 1999
Member, Pennsylvania Association of Notaries
commission expires:
My
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AGREEMENT
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ALL THAT CER T AJlN lot or piece of ground .itu...te in the T OWD.sl.ip of E....t Hanover,
County of Lek.non, an. State of Pennsylvania, hounaed and. d.eocribea as foll........ to wit;
BEGIINNING ...t ... point on the cent....line of T own.hip Ro...d. Route #T .324 ( 50 foot
wid.e), ....i.! point being the Northea.tern cornell' of land now or form....ly of Walter E. Shenlq
Thence ...Iong ....id. lAnd. now Or I...te of Walter Shenk, the fonowing two course. and di.tance..
(Jl.) South. 84 degree. 00 minute. We.t... distance of ]1.023.92 feet to ... point;
(2) North 2J1. degree. 35 minute. We.t ... di.tance of 510.00 feet te ... point;
Thence ..long land now or late of Ronald E. Peir.on, the fonowing two courses and. distance..
UJ North 79 degree. 13 minute. E....t a di.tance of 302.00 feet to ... point;
(2) North. 27 degrees 5J1. minutes West... distance of 1542.00 feet to ... point;
Thence .Jong llmds n...... or l...te of Dorothy Hollenbaugh GrubJ., George H. Good, Jr., and
Charle. S. Kiscadden, North 70 degrees 29 minutes E,,,st a distance of 686.30 feet to a
point;
Thence ...long said lands the following three cour.es and. distances.
(1) South 55 degrees 38 minutes E....t ... distance Ilf 440.00 feet to ... point;
(2) Souck 41 degrees 23 minutes Ea.t ... di.unce I@f 53.00 feet to ... poin~
(3) South 64 degrees 57 minute. 33 .econcl.s E....t a distance of 2'i12.60 feet to... point in said. .
centerline of T own.h;p road #T .324;
Thence .Jong ....id centerline of Township Ro....J. #T -324 th.e following five cour.e. and
di.tance..
(JI.) South 00 degree. 56 minutes 23 .econd. Ea.t a di.tance of 84.62 feet to ... point;
(2) South J1.8 degrees 48 minute. 03 seconds E....t... di.tance of 300.00 feet to ... point;
(3) South Jl.5 degree. 25 minute. 43 seconds E....t a di.tance of 100.00 feet to ... point;
(4) Soutk n degree. 32 minute. 43 .econds Ea.t a di.tance of noo.oo feet to... point;
(5) South. Jl.3 degree. 2Jl. minute. 23 seconds E....t a distance of 90.52 feet to the Place of
BEGJlNNING.
CONTAINING 46.Jl.62 acre..
BEJlNG Lot No. 1 on a .ubdivi.ion plan prepa.rad for Charle. T. Jones by Matthew &
MoclJey Associate.. Ltd., which. plan wa. duly approved and recorded in the office for the
recording of deeds in lLe1.anon County on May 31, Jl.983 in Plan Book 32, Page 44.
Being the .ame premi.es which. Charles T. Jone. and Ruth S. Jones, hi. wife, by deed dated.
June 23, Jl.983 and recorded in Let...nolll County Record Book Jl.99, P"lle 377, granted and
conveyed unto Richard D. Ketterman and Neysa S. Ketterman, hi. wife. Richard. D.
Ketterman died. February 22, Jl.993, thereby vesting title inNey.... S. Ketterman, Seller
herein.
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HOLST~ HARTSHORH~ ET AL 2371e~7
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.82125/1998 11: 55' 7l7-554-6882
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ADDBNDUM TO AGREEMENT OF SALE
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This Addendum shan be allaCluod CO and made a part or A;\'MIlIeIIt of Sale dated . S
bel_ the parties herein.
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KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYVLANIA
Plaintiff
V.
ROBERT E. HURLEY,
Defendant
IN DIVORCE
NO. 00-8245 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of March, 2005, after
hearing we find that husband is in default under the
articles of agreement for sale of real estate dated April 1,
1998, as that term is defined in Paragraph 4 of the property
settlement agreement. Consequently, wife has thirty days to
exercise her option to purchase the property at market value
as defined under the terms of the property settlement
agreement.
If wife cures the default under the articles of
agreement for sale of real estate dated April 1, 1998, she
shall then pay husband the difference between what he has
paid to the seller under said agreement and the fair market
value as defined in Paragraph 4 of the property settlement
agreement.
The second issue raised in the petition for
special relief is not an emergency. Therefore, we will not
address it at this time. Wife may proceed with an action
for enforcement of the terms of the property settlement
agreement if she feels that husband has not complied
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herewith.
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By the Court,
~lly M. Knight, Esquire
Cunningham & Chernicoff, P.C.
P.O. Box 60457
2320 North Second Street
Harrisburg, PA 17106-0457
For the Plaintiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
KIMBERLY A. HURLEY,
Plaintiff
VERSUS
ROBERT E. HURLEY,
Defendant
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AND NOW,
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DECREED THAT
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PENNA.
NO.
00-8245
DECREE IN
DIVORCE
011:3~ /? 177,
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Q(l(lQ IT IS ORDERED AND
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KIMBERLY A. HURLEY
, PLAINTIFF,
AND
ROBERT E. HURLEY
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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The terms of the parties' Property Settlement Agreement, dated April 1,
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2002, and attached hereto are incDrporated
but not merged herewith.
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PROTHONOTARY
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I furley.SettlementAgmtApriI2002. Disk I
PROPERTY SETTLEMENT AGREEMENT
THIS IS AN Agreement made this }st day of April, 2002, by and between ROBERT E.
HURLEY, (hereinafter referred to as Husband) and KIMBERLY A. HURLEY, (hereinafter
referred to as Wife).
WHEREAS, Husband and Wife were married on May 2, 1998; 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. 00-
8245 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 thl~ir 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 foHows:
1
The parties agree that it shall be lawful for each party, at all times hereafter, to live separate
and apart from the other, at such place or places as he or she may, from 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 Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful existence, separate and apart,
from the other.
2
The parties have an equitable interest in real estate located at R.D. #1, Grantville, East
Hanover Township, Lebanon County, Pennsylvania (hereinafter the "Grantville Property")
pursuant to an installment sales agreement that the parties entered into for the purchase of
the real estate. In exchange for Husband's completion of all terms contained herein, Wife
hereby agrees to assign and transfer to Husband all of her interest in the Grantville property
and in the agreement of sale. Wife agrees to execute an)' and all documents required by
Husband's counselor required by the attorney for the sellers of the real estate to confirm that
Wife has no further interest in the agreement of sale and in the real estate subject to the
provisions outlined in paragraph 4. Upon execution of this agreement, Husband agrees to
indemnify and hold Wife harmless with respect to any and all claims or obligations of wife
relating to the agreement of sale or the real estate, and Husband agrees to assume all tax,
insurance and utility obligations, as well as any and all otht,r financial obligations related to
the Grantville Property or the agreement of sale.
3
Husband agrees to provide to Wife free rental of horse stalls aud free full care of the horses,
including but not limited to turn-out, fees and hay for two (2) horses for a period of no less
than five (5) years from April 1, 2002. Upon the expiration of the five (5) year period, both
parties agree to negotiate in good faith new terms for the rental of the horse stalls and the care
of two (2) horses. In the event Husband fails to fulfill the obligation contained in this
paragraph, Husband agrees to bear the responsibility for any and all costs associated with
care of the horses until expiration of this term. Such costs shall include, but are not limited to,
boarding fees, turn out fees and feed.
4
Husband hereby givcs to wife the right of first refusal with r'espect to the sale or transfer of
the Grantville Property under any circumstances including: (1) Husband's sale of the
Grantville Property; (2) Husband's death; and (3) Husband's default under the sales
agreement with dcfault defined as the failure to make two (2) consecutive monthly installment
payments, failure to timely pay all taxes when due, failure to maintain property and hazard
insurance on the property, or failure to timely pay the utilities.
Husband agrees to notify Wife within thirty (30) days of default or an offer to purchase the
property by a third party. Wife shall be given thirty (30) days to exercise her option to
purchase the property at market value if market value is agreed upon by the parties. If the
parties cannot agree upon a market value, each party shall retain an appraiser to appraise the
property and the market value shall be determined by an average of the two (2) appraisals. If
the parties cannot agree to that average, they shall jointly retain a third appraiser. All three
(3) appraisals shall then be averaged for the market value which cannot be disputed. Wife
shall then have fifteen (IS) days from the determination of market value to exercise her
option. If Wife docs not elect to exercise her option, Husband shall be free to sell or transfer
the propcrty.
5
Husband agrees to pay to Wife the sum of$35,000.00. This payment shall be accomplished by
a personal check from Husband to Wife. The sum of $25,000.00 shall be paid on or before
July 31, 2001, with the balance of $10,000.00 payable to Wife on or before October 1,2001.
Wife acknowledges receipt of these mentioned payments
6
Each party waives any and all claims to ownership or possession to items of personal property
in the possession ofthe other party. The parties acknowledge that they have equitably divided
all items of personal property, and that neither party is curnmtly in possession of any items of
personal property that the other party desires to own or possess or that the other party
anticipates to be transferred to them. Included in this waiver is any claim to the business
interest of the respective parties, retirement accounts, vehides or any other items of personal
or real property.
7
Each party hereby represents they have disclosed all of the marital assets to the other party in
the negotiations for the consummation ofthis Agreement.
8
The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Wife
agrees to proceed with finalizing the divorce case. This Agref'ment sball be incorporated, but
not merged into the decree of divorce.
9
Both parties shall incur their own legal expenses with respect to this divorce litigation
10
The parties agree that they will not contract or incur any debt or liability for which the other
party might be responsible and shall indemnify and save the other party harmless from any
and all claims or demands made against that party by reason of such debts or obligations
incurred by the other party.
11
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 parties hereto that this Agreement shall survive and shall not be merged into any decree,
judgment, or order of divorce or separation. It is specificaHy 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.
12
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 parI thereof, whether arising out of
any former acts, contracts, engagements or liabilities of suc,h other or by way of dower or
courtesy of claims in the nature of dower or courtesy, 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, commonwealth 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, whether arising as a n~sult of the marital relation or
otherwise, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any provision thereof.
13
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 or documents that may be
reasonably required to give full force and effect to the provisions of this Agreement.
14
A modification or waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of
either party to insist upon the strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default ofthe same or similar nature.
15
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.
16
It is specifically understood and agreed by and between the parties thereto that each
paragraph hereof shall be deemed to be a separate and independent agreement.
17
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her election, to sue for damages for such breach or seek such other remedies or relief
as may be available to him or her and the party breaching this Agreement shall be responsible
for payment of legal fees and costs incurred by the other in enforcing the rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
18
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
19
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law or otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid
and continue in full force, effect and operation.
20
Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
WITNESS
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KIMBERLY A. HURLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
NO. 00-8245 CIVIL TERM
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ROBERT E. HURLEY,
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit Ihe record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for divorce: Irretrievable breakdown under 93301 ( c) of the Divorce Code.
2. Date and manner of service of the Complaint: Service was accepted by the Defendant on
the 5'h day of December, 2000, by certified mail, return receipt requested, receipt number 7099 3400
00092912 1794.
3. Date of execution of the Affidavit of Consent required by 9 3301(c) of the Divorce Code:
by Kimberly A. Hurley, Piaintiff, on Aprii 24, 2002; by Robert E. Hurley, Defendant, on April 2,
2002.
4. Related claims pending: Settled by Property Settlement Agreement dated April 1, 2002.
5. Date Plaintiffs Waiver of Notice in 93301(c) Divorce was filed with the
Prothonotary: May 7, 2002
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: April 2, 2002
Respectfuily submitted,
REAGER & ADLER, PC
Date: 5 j (y ) Od.-
By: /~J
! ~eniso
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. 00 - P,;)l/-S c?;(.);( ~~
KlMBERL Y A. HURLEY,
Plaintiff
ROBERT E. HURLEY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, 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 othe,r claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A ~AJVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FbRJlH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
onne y, Jr., Esquire
y for P lintiff
KIMBERLY A. HURLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
: NO.
ROBERT E. HURLEY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
To the Within Named Defendant
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County. This notice is to advise you that in accordance with
Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the Prothonotary, One Courthouse
Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your rf'quest for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLMfD COUNTY, PENNA
: NO. 0.0- P~''IQ ~ ~
KlMBERL Y A. HURLEY,
Plaintiff
ROBERT E. HURLEY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1. Plaintiff is Kimberly A. Hurley, who currentlyn:sides at 21 I Bailey Street, New
Cumberland, Cumberland County, Pennsylvania 17070.
2. Defendant is Robert E. Hurley, who currently resides at 2221 Mockingbird Road,
Harrisburg, Dauphin County, Pennsylvania 17112.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 2, 1998, in Camp Hill, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff is a citizen ofthe United States of America.
7. The Defendant is not a member of the Armed Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken.
9. The Plaintiff has been advised ofthe availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
The parties to this action have been separated since August 26, 2000.
10. Plaintiff requests the Court to enter a Decree in Divorce.
11. Plaintiff avers that shelhe is the innocent and injured spouse, and that the Defendant
has offered such indignities to the Plaintiff so as to render herlhis condition intolerable and life
burdensome.
12. This action is not collusive.
COUNT II
CLAIM FOR EQUlT ABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
13. Plaintiff and Defendant are the owners of various real and personal property,
motor vehicles, bank accounts and insurance policies acquired during their marriage which are
subject to equitable distribution by this Court.
WHEREFORE, the Plaintiff requests the Court to enter a Decree:
a. dissolving the marriage between the Plaintiff and Defendant;
b. equitably distributing all property owned by the parties hereto; and
c. for such further relief as the Court may determine <equitable and just.
JAMES, SMITH, DURKIN & CONNELLY
Date II_/~_(){)
VERIFICATION
I verifY that the statements made in this Pleading are tme and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: 1'/15'100
~~C{~
Kimberly A. II ley, Plaintiff
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KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AMENDED COMPLAIl'irT
AND NOW, comes Plaintiff, Kimberly A. Hurley, by and through her counsel, Reager
& Adler, PC and amends her Complaint as follows:
14. Paragraphs one (1) through thirteen (13) of this Complaint filed in this matter on
November 22,2000 are incorporated herein by reference.
COUNT ill
ADULTERY
IS. Through the course of the marriage, Defendant engaged in adulterous affairs to the
detriment of the marital relation.
16. Plaintiff is the injured and innocent spouse.
WHEREFORE, Plaintiff respectfully requests the court to enter a decree of divorce
pursuant to ~3301(a) of the Divorce Code.
Respectfully submitted,
REAGER & ADLER, PC
Date: l 0 ~ (I - Ci 1
By:
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Debra Denison Cantor, Esquire
ID #66378
2331 Market Street
Camp Hill, P A 17011
717-763-1383
Attorneys for Plaintiff
VERIFICATION
I, Kimberly A. Hurley, verify that the statements made in the foregoing pleading are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date: ~J() J
-4 ~
K~~eY
KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Angela A. Kelly do hereby certifY that on this date I served the foregoing Amended
Complaint by depositing a true and exact copy thereof in the United States mail, first class,
postage prepaid, addressed as follows:
Hubert X. Gilroy, Esquire
Broujos & Gilroy
4 North Hanover Street
Carlisle, PAl 710 13
REAGER & ADLER, PC
Date: ~"'II-o I
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KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245 CIVIL TERM
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFJDA VIT OF CONSRNT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on
November 22, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service ofthe Complaint.
3. I consent to the enliy ofa finai decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
t/f'/jo G
~ IH/Lft a-~
KIM t A. H EY
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Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
KIMBERLY A. HURLEY,
NO. 00-8245 CIVIL TERM
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ROBERT E. HURLEY,
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
~ 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 in do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorcc Decree is entered by the Court and
that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. !l 4904 relating to unsworn
faisification to authorities.
Date:
1/;-'1/06
u~~~
KIMBERLY A.
~
----
KIMBERLY A. HURLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v
: 00 - 8245 CIVIL TERM
ROBERT E. HURLEY,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREI~ UNDER
SECTION 330l(e) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on
November 22, 2000.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about
November 24, 2000.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date ofthe filing ofthe Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. 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 gr:mted.
6. 1 understand that I will not be divorced until a Divol'ce 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 I:ounseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
Date:
'-i/2/u ;L
f f
KlMBERL Y A. HURLEY,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. 00-8245 Civil Term
ROBERT E. HURLEY,
DEFENDANT
: CIVIL ACTION - LA Wc.
: IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLV ANlA
ss.
COUNTY OF DAUPHIN
AND NOW, this I W day of . ~ur,J J-t.,V , 2000, personally appeared before
me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire,
who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint
was served on the Defendant, Robert E. Hurley, on December 5, 2000 by certified mail number
7099 3400 0009 2912 1794, addressee only, retum receipt reqm:sted, as evidenced by the return
receipt card attached hereto and made a part hereof.
:----....
Sworn to and subscribed
before me this is -JJ.
day of ~ 1./1~ 2000.
VfjfL~. ~Jt)
-zl'Notary Public
J NOTARIAL SEAL
ean L KOSle N
CIty of Humlllelst r, DIary PUblic
My Commission ~~ounty Of Dauphin
-.we. Feb. 9, 2004
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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4. Restricted Delivery? (Extra. Fee)
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2. Article Number (Copy from service label)
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KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYL V ANlA
NO. 00-8245
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this /If"" day of June 2001, upon review of Plaintiffs Petition for
.
Bifurcation, Defendant is ordered to show cause, if any, why the bifurcated divorce should not
be granted.
Rule is returnable aO days from date of service.
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KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-8245
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ROBERT E. HURLEY,
PETITION FOR BIFURCATION
AND NOW, comes Plaintiff, Kimberly A. Hurley, by and through her counsel, Reager
& Adler, PC, and files this Petition for Bifurcation, and in support thereof avers as follows:
I. Petitioner, Kimberly A. Hurley, is an adult individual residing at 211 Bailey Street,
New Cumberland, Pennsylvania 17070.
2. Respondent, Robert E. Hurley, is an adult individual residing at 221 Mockingbird
Road, Harrisburg, Pennsylvania 17112.
3. The parties are husband and wife, having been married on May 2, 1998.
4. A Complaint in Divorce was filed on November 22, 2000, raising claims under the
no-fault section ofthe Divorce Code and equitable distribution.
5. An Amended Complaint raising adultery was filed by Petitioner on about June II,
2001.
6. Neither party has raised claims for alimony, alimony pendente lite, or other forms of
maintenance or support.
7. Petitioner is currently five (5) months pregnant and is expecting this child with a man
other than her husband.
8. It is Petitioner's desire and intent to remarry in order to have her child born in
wedlock.
9. Petitioner has requested Respondent's consent to bifilrcation which has been denied.
10. Each party provides their own health insurance and neither party has made a claim
for support from one another.
11. Neither party will be prejudiced by the granting of the bifurcation and it is in the
Petitioner's and her unborn child's best interest to permit his or her birth in a legitimate family
unit.
12. This court has authority to grant a bifurcation under 23 Pa.C.S.A. ~3323(c).
WHEREFORE, Petitioner requests this Honorable Court to grant her request for
bifurcation of the divorce.
Respectfully submitted,
REAGER & ADLER, PC
Date:
'-J
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By:
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Debra Denison Cantor, Esquire
ID #66378
2331 Market Street
Camp Hill, PAl 70 11
717-763-1383
Attorneys for Plaintiff
VERIFICATION
I, Kimberly A. Hurley, verify that the statements made in the foregoing pleading are true
and correct to the best of my knowledge, information and be!:ief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
(pJta jOJ
~~.~
KIMBERLY A. HURLEY,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND CO.,
PENNSYL VANIA
NO. 00-8245
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Angela A. Kelly, do hereby certify that on this date I served the foregoing Petition for
Bifurcation by depositing a true and exact copy thereof in the United States mail, first class,
postage prepaid, addressed as follows:
Hubert X. Gilroy, Esquire
Broujos & Gilroy
4 North Hanover Street
Carlisle, PA 171013
REAGER & ADLER, PC
Date:b-1\"O\
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KIMBERLY A. HURLEY,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 8245 CIVIL TERM
ROBERT E. HURLEY,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of John J. Connelly, Jr., Esquire on behalf ofthe Plaintiff,
Kimberly A. Hurley, in the above-captioned action.
Date:
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Debra Denison Cantor, Esquire on behalf of the Plaintiff,
Kimberly A. Hurley, in the above-captioned action.
Date: 511~-tm
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. Ou-F).LfS CI'o~L~
: CIVIL ACTION - LAW
: IN DIVORCE
KlMBERL Y A. HURLEY,
Plaintiff
ROBERT E. HURLEY,
Defendant
PRAECIPE TO ENTER SOCIAL SECURITY NUMBERS
TO THE PROTHONOTARY:
Please enter the following social security nnmbers in the above-captioned divorce action:
Kimberly A. Hurley - 165-60-9845
Robert E. Hurley - 217-86-0804
JAMES, SMITH, DURKIN & CONNELLY LLP
Date: Jf-JUi-[X)
C,'
-
KIMBERLY A. HURLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
ROBERT E. HURLEY,
Def endant
CIVIL ACTION - LAW
IN DIVORCE
H1OS.1S7 REV. &-80
COJ.lMOHW!AUN OP PENHSYtVANI4
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KIMBERLY A. HURLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
: NO. 00-8245 CIVIL TERM
ROBERT E. HURLEY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICF, OF ELECTION TO RESUME MAIDEN NAME
Notice is hereby given that a final decree in divorce being granted, Kimberly A.
Hurley hereby elects to resume her prior name of Kimberly A. Markley and gives this written
notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704.
tuJJ.u~ Cc J-kv~
Kimberly A. Hurley
to be known as:
ICu~h-uJb CC _M.jV~d-
Kimberly A. Markley
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C (,.(.I,.n ~(tLi-" 0/
ss.
On the .s I day of May, 2002, before me, a Notary Public, personally appeared
Kimberly A. Hurley, t/b/kJa Kimberly A. Markley, known to me to be the person whose
name is subscribed to the within document and acknowledged that she executed the
foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
0U.A{L4i~ K ~ di~J
/ Notar Public
Notarial Seal
Susanne K. Sather, Notary Public
Camp HilI Boro, Cumberland County
I My Commi..lon Expires Aug. 25. 2005
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KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
Plaintiff
IN DIVORCE
v.
ROBERT E. HURLEY,
Defendant
EMERGENCY PETITION FOR SPECIAL RELIEF
AND NOW, comes your Petitioner, Kimberly A. Hurley, now known as Kimberly A.
Markley, by and through her counsel, Cunningham & Chemicoff, P.C., and files her Emergency
Petition for Special Relief and in support thereof avers as follows:
I. Petitioner, Kimberly A. Hurley, now known as Kimbt:rly A. Markley ("Petitioner"
or "Ms. Markley") is an adult individual with a current address of 114 Evergreen Road, Palmyra,
Lebanon County, Pennsylvania 17078.
2. Respondent, Robert E. Hurley ("Respondent" or "Mr. Hurley"), is an adult individual
with a last known address of209 Printers' Alley, Nashville, Tennessee 37102.
3. Ms. Markley and Mr. Hurley were divorced pursuant to a Decree set forth under the
above captioned docket number on or about May 14, 2002.
4. Prior to their divorce, Ms. Markley and Mr. Hurley entered into a Property Settlement
Agreement, dated April I, 2002 (the "Property Settlement Agreement"), which was incorporated
by reference into the parties' divorce, but did not merge with the divorce decree. A true and
correct copy of the Property Settlement Agreement is attached hereto as Exhibit "A" and is
incorporated herein by reference.
THE REAL ESTATE AGREEMENT
5. Paragraphs 1-4 are incorporated by reference as if more fully set forth herein.
6. On or about Apri11, 1998, Ms. Markley and Mr. Hurley executed a document entitled
Articles of Agreement for Sale of Real Estate (the "Real Estate Agreement"). A true and correct
copy of the Real Estate Agreement is attached hereto as Exhibit "B" and is incorporated herein
by reference.
7. Pursuant to the Real Estate Agreement, Ms. Markley and Mr. Hurley, as Buyers,
agreed to purchase from Seller, Neysa S. Ketterman (the "Seller") that certain parcel of real
estate consisting of forty-six (46) acres on Homestead Road, East Hanover Township, Lebanon
County, Pennsylvania (the "Premises"). The Legal Description ofthe Premises is attached to the
Real Estate Agreement, which has been attached to the instant Petition and marked as Exhibit
"B".
8. Pursuant to the Real Estate Agreement, the Seller agr(:ed to sell the Premises to Ms.
Markley and Mr. Hurley.
9. Ms. Markley and Mr. Hurley agreed to be legally bound by a number of mutual
covenants set forth in the Real Estate Agreement. Such covenants include, but are not limited to,
the following:
2 (C) To pay Seller the sum of $115,000.00, lawful money,
seven (7) years from the date [of the Agreement] hereof,
together with interest on the unpaid principal debt at the
rate of 8% per annum, amortized over a period of thirty
(30) years, payable in monthly installments of$843.83,
beginning on May 1, 1998, and thereafter on the same
day of each succeeding month. . ., the total balance due on
the purchase price shall be due and payable no later than
seven (7) years from the date (of the Agreement] hereof.
2
2 (D) Buyer shall make an additional monthly payment of 1/12th
of the then current annual real estate taxes with each monthly
payment ofthe purchase price.
2 (E) Buyer shall pay a penalty of 10% of any payment which is
not made by the fifteenth (15th) of any month when due.
7. Indemnitvand Insurance. Buyer agrees to keep the building
insured against fire and other casualties in the amount of no
less than $50,000.00, and shall also carry general comprehensive
coverage against personal injury in the amount of $1 00,000.00 per
individual and $200,000.00 per occurrence. All insurance policies
shall name Seller and existing mortgagee as an additional insured
as their interests may appear. Buyer shaH furnish Seller with proof
of said insurance and receipts of payment of all insurance premiums
within thirty (30) days of payment.
10. The default of Buyer was defined by the Real Estate Agreement as follows:
12. Default of Buyer. In the event that Buyer shaH fail to make
any payment of principal or interest within fifteen (15) days
of the date when due hereunder, or should the Buyer violate
or fail to fulfiH and perform any ofthe other terms or conditions
ofthis Agreement within thirty (30) days of receiving written
notice of such breach from Seller, the SeHer shall retain aH
monies theretofore paid on account as liquidated damages,
which shaH be Seller's sole remedy for damages, and the rights
of the Buyer in this Agreement shaH terminate at the time thereof.
In said event, the Buyer hereby authorizes any attorney of record
in the Commonwealth of Pennsylvania or elsewhere to appear for
him and confess judgment in ejectment and issue execution for
possession of the said Premises.
II. According to the Property Settlement Agreement, Ms. Markley agreed to assign and
transfer to Mr. Hurley all of her interest in the Premises and in the Real Estate Agreement, in
exchange for Mr. Hurley's completion of all of the terms contained within the Property
Settlement Agreement.
3
12. Mr. Hurley, in the Property Settlement Agreement, agreed to indemnify and hold Ms.
Markley harmless with respect to any and all claims or obligations of Ms. Markley relating to the
Real Estate Agreement or the Premises, and Mr. Hurley agreed to assume all tax, insurance, and
utility obligations, as well as any other financial obligations related to the Premises or the Real
Estate Agreement.
13. Pursuant to the Property Settlement Agreement, Ms:. Markley maintains the right of
first refusal with respect to the sale or transfer of the Premises under any circumstances
including, but not limited to:
Mr. Hurley's default under the Sales Agr,~ement [the
Real Estate Agreement] with default defined as the failure
to make two (2) conseculive monthly installment payments,
failure to pay all taxes when due, failure to maintain property
and hazard insurance on the Premises, or failure to pay
the utilities.
14. Pursuant to the Property Settlement Agreement, Mr. Hurley agreed to notify Ms.
Markley within thirty (30) days of any default on his part under the Real Estate Agreement.
15. Upon notice of such default, the Property Settlement Agreement provides that Ms.
Markley was to be given thirty (30) days to exercise her option to purchase the Premises at
market value if market value was agreed upon by the parties.
16. Mr. Hurley has defaulted under Ihe terms of both the Property Settlement Agreement
and the Real Estate Agreement.
17. Ms. Markley believes, and therefore avers, based on statements made by Mr. Hurley,
and the Seller, that he failed to make all payments required under the Real Estate Agreement and
Property Settlement Agreement.
4
18. Ms. Markley believes, and therefore avers, based on statements made by Mr. Hurley
and the Seller, that the amount ofMr. Hurley's default is approximately $60,000.00.
19. Ms. Markley believes, and therefore avers, based on statements made by Mr. Hurley
and the Seller, that Mr. Hurley has failed to maintain insurance on the Premises as required by
the Real Estate Agreement and the Property Settlement Agreement.
20. Mr. Hurley has failed to notify Mr. Markley of his default under the Real Estate
Agreement within thirty (30) days as required by the Property Settlement Agreement.
21. Mr. Hurley has failed to provide Ms. Markley her right of first refusal to purchase the
Premises as required by the Property Settlement Agreement in the event ofMr. Hurley's default
under the Real Estate Agreement.
22. Ms. Markley wishes to exercise her right of first refusal to the purchase of the
Premises.
23. Mr. Markley has no adequate remedy at law.
24. Ms. Markley should be given the right to purchase the Premises directly from Seller
due to Mr. Hurley's default under both the Property Settlement Agreement and the Real Estate
Agreement.
25. The Real Estate Agreement will expire and the Premises will revert to the Seller on
April!, 2005, if all defaults are not cured and the final payment is not made prior to that date.
26. According to the Real Estate Agreement, the Seller may confess judgment against
Ms. Markley and Mr. Hurley and move for immediate ejectment in the event of their default
under the Real Estate Agreement.
5
27. Immediate and irreparable harm will result unless Ms. Markley is given the option to
purchase the Premises directly from the Seller.
WHEREFORE, Petitioner, Kimberly A. Hurley, now known as Kimberly A. Markley,
hereby respectfully requests that this Honorable Court grant her emergency special relief and
order that she be permitted to purchase the Premises directly from the Seller pursuant to the Real
Estate Agreement.
ADDITIONAL VIOLATIONS OF THE PROPERTY SETTLEMENT AGREEMENT
28. Paragraphs 1-27 are incorporated by reference as if more fully set forth herein.
29. Paragraph 3 of the Property Settlement Agreement states that Mr. Hurley agrees to
provide Ms. Markley free rental of horse stalls and free full care of the horses, including but not
limited to turn-oul, feed and hay for two (2) horses for a period of no less than five (5) years from
April 1, 2002.
30. Paragraph 3 of the Property Settlement Agreement further states that in the event Mr.
Hurley fails to fulfill the obligation contained in Paragraph 3, Mr. Hurley agrees to bear the
responsibility for any and all costs associated with the care of the horses until expiration of the
term. Such costs shall include, but are not limited to, boarding f(les, turn-out fees, and feed.
31. According to Paragraph 17 of the Property Settlement Agreement, if either party
breaches any provisions of the Property Settlement Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
relief as need be available to him or her and the party breaching the Agreement shall be
responsible for payment oflegal fees and costs incurred by the other in enforcing the rights under
this Agreement, or in seeking such other remedies or relief as may be available to him or her.
6
32. As of the date of filing this Petition, Ms. Markley has incurred expenses thaI were to
be covered by Mr. Hurley pursuant to the Property Settlement Agreement in the total amount of
$5,247.51. A true and correct copy ofa description of the expenses paid by Ms. Markley and the
amounts of such expenses is attached hereto as Exhibit "C" and is incorporated herein by
reference.
33. As of the date of this Petition, Ms. Markley has inclJrred $2,000.00 in attorneys fees
associated with Mr. Hurley's breach of the parties' Agreement and her counsel's efforts to
enforce the terms of this Agreement.
WHEREFORE, Petitioner, Kimberly A. Hurley, now known as Kimberly A. Markley,
respectfully requests this Honorable Court enter an Order that Respondent, Robert E. Hurley,
shall satisfy all of his payment obligations to Petitioner under the Agreement. Specifically,
Respondent shall pay Petilioner, within twenty (20) days ofthe date of the Order, the amount of
$5,247.51, plus an additional $2,000.00 in attorneys fees, repres'~nting (I) $5,247.51 due under
Paragraph 7; (2) $2,000.00 representing Petitioner's attorneys fe,es incurred to date; and (3) any
further attorneys fees incurred by Petitioner in her efforts to enforce the terms of the Property
Settlement Agreement.
By:
Date: ~(' ~~~005
home/tlf/petition/markley
7
KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYL VANIA
NO. 00-8245
Plaintiff
IN DIVORCE
v.
ROBERT E. HURLEY,
Defendant
CERTIFICATE OF SERVICE
I, Kelly M. Knight, Esq., Attorney for Petitioner, hereby certifY that on the 21!!c.ay
of February, 2004, a true and correct copy of the Petition for Special Relief, was served by first-
class U.S. Mail, postage prepaid, to:
Mr. Robert E. Hurley
209 Printers' Alley
Nashville, TN 37102
Hurley.SettlementAgmt.ApriI2002.Disk I
PROPERTY SETTLEMENT AGREEMENT
THIS IS AN Agreement made this I" day of April, 2002, by and between ROBERT E.
HURLEY, (hereinafter referred to as Husband) and KIMBERLY A. HURLEY, (hereinafter
referred to as Wife).
WHEREAS, Husband and Wife were married on May 2, 1998; 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. 00 -
8245 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:
I
The parties agree that it shall be lawful for each party, at all times hereafter, to live separate
and apart from the other, at such place or places as he or she may, from 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 Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful existence, separate and apart,
from the other.
2
The parties have an equitable interest in real estate located at R.D. #1, Grantville, East
Hanover Township, Lebanon County, Pennsylvania (hereinafter the "Grantville Property")
pursuant to an installment sales agreement that the parties entered into for the purchase of
the real estate. In exchange for Husband's completion of all terms contained herein, Wife
hereby agrees to assign and transfer to Husband all of her interest in the Grantville property
and in the agreement of sale. Wife agrees to execute any and all documents required by
Husband's counselor required by the attoruey for the sellers of the real estate to confirm that
Wife has no further interest in the agreement of sale and in the real estate subject to the
provisions outlined in paragraph 4. Upon execution of this agreement, Husband agrees to
indemnify and hold Wife harmless with respect to any and all claims or obligations of wife
relating to the agreement of sale or the real estate, and Husband agrees to assume all tax,
insurance and utility obligations, as well as any and all other financial obligations related to
the Grantville Property or the agreement of sale.
3
Husband agrees to provide to Wife free rental of horse stalls and free full care of the horses,
including but not limited to turn-out, fees and hay for two (2) horses for a period of no less
than five (5) years from April I, 2002. Upon the expiration of the five (5) year period, both
parties agree to negotiate in good faith new terms for the rental ofthe horse stalls and the care
of two (2) horses. In the event Husband fails to fulfill the obligation contained in this
paragraph, Husband agrees to bear the responsibility for any and all costs associated with
care ofthe horses until expiration ofthis term. Such costs shall include, but are not limited to,
boarding fees, turn out fees and feed.
4
Husband hereby gives to wife the right of first refusal with respect to the sale or transfer of
the Grantville Property under any circumstances including: (1) Husband's sale of the
Grantville Property; (2) Husband's death; and (3) Husband's default under the sales
agreement with default defined as the failure to make two (2) consecutive monthly installment
payments, failure to timely pay all taxes when due, failure to maintain property and hazard
insurance on the property, or failure to timely pay the utilities.
Husband agrees to notify Wife within thirty (30) days of default or an offer to purchase the
property by a third party. Wife shall be given thirty (30) days to exercise her option to
purchase the property at market value if market value is agreed upon by the parties. If the
parties cannot agree upon a market value, each party shall retain an appraiser to appraise the
property and the market value shall be determined by an average of the two (2) appraisals. If
the parties cannot agree to that average, they shall jointly retain a third appraiser. AU three
(3) appraisals shall then be averaged for the market value which cannot be disputed. Wife
shall then have fifteen (15) days from the determination of market value to exercise her
option. If Wife does not elect to exercise her option, Husband shall be free to sell or transfer
the property.
5
Husband agrees to pay to Wife the sum of $35,000.00. This payment shall be accomplished by
a personal check from Husband to Wife. The sum of $2.5,000.00 shall be paid on or before
July 31, 2001, with the balance of $10,000.00 payable to Wife on or before October 1, 2001.
Wife acknowledges receipt of these mentioned payments
6
Each party waives any and all claims to ownership or possession to items of personal property
in the possession ofthe other party. The parties acknowledge that they have equitably divided
all items of personal property, and that neither party is currently in possession of any items of
personal property that the other party desires to own or possess or that the other party
anticipates to be transferred to them. Included in this waiver is any claim to the business
interest of the respective parties, retirement accounts, vehicles or any other items of personal
or real property.
7
Each party hereby represents they have disclosed all of the marital assets to the other party in
the negotiations for the consummation of this Agreement.
8
The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Wife
agrees to proceed with finalizing the divorce case. This Agreement shall be incorporated, but
not merged into the decree of divorce.
9
Both parties shall incur their own legal expenses with respect to this divorce litigation
10
The parties agree that they will not contract or incur any debt or liability for which the other
party might be responsible and shall indemnity and save thl~ other party harmless from any
and all claims or demands made against that party by reason of such debts or obligations
incurred by the other party.
11
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 parties 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.
12
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
courtesy of claims in the nature of dower or courtesy, 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, commonwealth 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 pendeDte
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any provision thereof.
13
Each of the parties shall, from time to time, at the request of the other, exeeute, acknowledge
and deliver to the other party any and all further instruments or documents that may be
reasonably required to give full force and effect to the provisions of this Agreement.
14
A modification or waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of
either party to insiSt upon the strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
15
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.
16
It is specifically understood and agreed by and between the parties thereto that each
paragraph hereof shall be deemed to be a separate and independent agreement.
17
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her election, to sue for damages for such breach or seek such other remedies or relief
as may be available to him or her and the party breaching this Agreement shall be responsible
for payment of legal fees and costs incurred by the other in enforcing the rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
18
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
19
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law or otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid
and continue in full force, effect and operation.
20
Except as otherwise set forth herein, this Agreement shall he binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
~~
./ t M.
OBERT E. HURLEY
~H!;Ji~~
ARTICLES OF AGREEMENT
FOR SALE OF REAL ESTATE
This agreement, made this
/sr
day of April, 1998, by and
between Neysa S. Ketterman, single woman, "Seller",
AND
Kimberly A. Markley and Robert E. Hurley, "Buyers",
WITNESSETH
WHEREAS, Seller is the owner of a certain parcel of real
property with improvements situate thereon, consisting of forty-six
acres on Homestead Road, East Hanover !'ownship, Lebanon County,
Pennsylvania, and more particularly described as set forth in
Exhibit A attached hereto and made a part hereof; and
WHEREAS, Seller has agreed to sell and Buyer has agreed to
purchase the said property on the terms and conditions hereinafter
set forth;
NOW THEREFORE, the parties, intendi.ng to be legally bound
hereby, and in consideration of the mutual covenants herein
contained, agree as follows:
1. Aqreement to Sell. Seller hereby agrees to sell and
convey to Buyer who agrees to purchase, upon the terms and
conditions hereinafter set forth, the aforesaid premises, on an "as
is" basis.
2. Purchase Price. The purchase price to be paid by Buyer to
Seller shall be $130,000. The purchase price shall be paid by Buyer
to Seller as follows:
(A) Deposit of $5,000.00.
(B) Upon execution of this Agreement, the sum of
$10,000.00.
(e) The sum of $115,000.00, lawful money, seven years
from the date hereof, together with interest on the unpaid
principal debt at the rate of 8% per annum, amortized over a period
of 30 years, payable in monthly installments of $843.83, beginning
on May 1, 1998, and thereafter on the same day of each succeeding
month, said installments shall be applie,d first to the interest
then due and the balance on account of the principal debt. Nothing
contained herein withstanding, the total balance due on the
purchase price shall be due and payable no later than seven years
from the date hereof.
(D) Buyer shall make an additional monthly payment of
one-twelfth of the then-current annual real estate taxes with each
monthly payment of the purchase price.
2
(E) Buyer shall pay a penalty of 10% of any payment
which is not made by the 15th of any month when due.
(F) The Buyer has the privilege of paying the whole or
any part of the purchase price without penalty at any time.
3. Aooortionment of Exoenses and Taxes. The Buyer is to be
responsible for the payment of any and all utility bills, sewer
charges, and any other taxes or assessments resulting from the
possession and ownership of the subject premises with the exception
of real estate taxes, which shall be pa.id by Seller. Each party
shall furnish to the other receipts of payment of all taxes by the
end of each calendar year and receipts of payment of municipal
,
charges by the end of each calendar quarter. At the time the
purchase price is paid in full and the property is conveyed to
Buyer, all realty transfer taxes shall he paid equally, one-half
(~) by Seller and one-half (~) by Buyer.
4. Title and conveyance. Upon payment of purchase price, the
Title to the premises shall be conveyed in fee simple by General
Warranty Deed. Title to the premises shall be good and marketable,
such as will be insured at regular rates by any reputable title
insurance company, and shall be free and (~lear from all liens and
encumbrances, except for recorded restrictions, all utility
easements, and except for any liens and encumbrances directly
3
caused or created by the Buyer, and the provisions of the zoning
ordinance affecting the use of said premises, if any.
5. Comoliance with Notices. Buyer shall comply, at Buyer's
expense, with the requirements of any and all notices relating to
the property which may be issued by any municipal or other PUblic
authority after the date hereof, and Buyer shall pay for all work
and improvements done or ordered by such authority after the date
hereof, including those for which a lien may be filed against the
premises if they are not paid. Seller represents and warrants that
Seller has no knowledge or any notice of assessment or violation
notice issued by any municipal or public authority requiring work
on or with respect to the premises or the streets abutting same.
6. prooertv Included. The sale of this property includes
all fixtures and appliances located at the property and owned by
the Seller at the time of signing this Agreement, as well as all
electric, heating, air conditioning, plumbing fixtures, systems and
equipment, and all other fixtures permanently attached to the
premises, and all existing trees and shrubbery.
7. Indemnitv and Insurance. Buyer agrees to keep the
building insured against fire and other casualties in the amount of
no less than Fifty Thousand Dollars ($50,000), and shall also carry
General Comprehensive coverage against personal injury in the
4
amount of One Hundred Thousand Dollars and 00/100 ($100,000.00) per
individual and Two Hundred Thousand Dollars and 00/100 ($200,000)
per occurrence. All insurance policies shall name Seller and any
existing mortgagee as an additional insured as their interests may
appear. Buyer shall furnish Seller with proof of said insurance and
receipts of payment of all insurance premiums within thirty (30)
days of payment.
B. Maintenance and Repair. Buyer agrees to maintain the
premises in a reasonable state of repair at its sole expense
throughout the term of this Agreement.
9. Liens.
(A) Seller agrees not to perform any act or execute any
instrument which would create a lien against the premises, but in
the event of the entry of an involuntary lien or encumbrance, to
give written notice to Buyer within thirty (30) days of entry of
the lien or encumbrance.
(B) In the event of any mortgage, judgment, lien or
other encumbrance affecting title to the premises existing at the
date of the execution of this Agreement or hereafter entered of
record and default in the payment is made by the Seller, then Buyer
shall have the right to make the delinquent payment and to receive
credit for the full amount of said payments made by the Buyer and
5
to deduct the amount thereof from the required monthly payments
under this Agreement. Prior to exercising the rights stated in
this paragraph, Buyer shall give Seller 48 hours notice by
certified mail of his intent to do so, but this provision shall not
limit Buyer's right to make the delinquent payments and to claim
credit therefor.
10. Condemnation. In the event of condemnation of the
property or any portion thereof by any governmental agency, pUblic
authority or utility, prior to the payment of the outstanding
principal balance, the payment of the outstanding principal
balance, the payment of damages for the taking shall be the
property of the Buyer, provided, however, that the Buyer shall
apply all or part of the compensation received to the unpaid
principal balance herein on a proportionate basis to the extent of
the taking.
11. Structural Chanaes. Major Improvements or Alterations.
Any and all changes, major improvements or alterations to be made
to the existing structures on the premises by the Buyer shall be
subject to the prior written approval of Seller, which shall not be
unreasonably withheld. In the event that such changes are to be
made, Buyer shall indemnify Seller from the imposition of
mechanics' claims, mechanics' liens, and encumbrances of any nature
6
which might affect Seller's interest in the subject premises except
as otherwise may be agreed in writing.
Buyer shall file a stipulation Against Liens prior to
making any structural changes or alterations to the premises.
In the event of Buyer's default as to the terms of this
Agreement, any and all improvements and additions made to the
subject premises shall be and remain a permanent part of the
premises; they shall not be removed by Buyer and Buyer will not be
entitled to any reimbursement therefore; nevertheless, if such
improvements, alterations or additions were made to the existing
structures without the written prior approval of Seller, Buyer will
remove same within thirty (30) days, upon written notice from
Seller to do so. In the event of such notice Buyer shall restore
the surfaces from which some improvements were removed so that they
shall be in conformity with the surrounding surfaces.
12. Default of Buver. In the event that Buyer shall fail to
make any payment of principal or interest within fifteen (15) days
of the date when due hereunder, or should the Buyer violate or fail
to fulfill and perform any of the other terms or conditions of this
Agreement within thirty (30) days of receiving written notice of
such breach from Seller, the Seller shall retain all monies
theretofore paid on account as liquidated damages, which shall be
Seller's sole remedy for damages, and the rights of the Buyer in
this Agreement shall terminate at the time thereof. In said event,
7
the Buyer hereby authorizes any attorney of record in the
Commonwealth of Pennsylvania or elsewhere to appear for him and
confess judgment in ejectment and issue execution for possession of
the said premises.
13. Bankruotcv. In the event of the filing of a petition in
bankruptcy, whether voluntary or involuntary by or against buyer,
there shall become due immediately upon the filing of said
petition, all amounts remaining due under this Agreement, and
Seller shall have the further right in said event to forfeit and
terminate this Agreement. The said forfeiture is to be affected by
giving notice in writing to Buyer. In said event, the Buyer hereby
authorizes any attorney of record in the Commonwealth of
Pennsylvania or elsewhere to appear for him and confess judgment in
ejectment and issue execution for possession of the said premises.
14. Default bv Seller. In the event that title cannot be
conveyed by Seller to Buyer at settlement in accordance with the
requirements of this Agreement, Buyer shall have the option of
taking such title as Seller can give (without any abatement of the
purchase price), or of terminating this Agreement and being repaid
all monies paid on account of the purchase price hereof, together
with the amount of any reasonable costs incurred by Buyer for
searching the title; but whichever of said alternatives Buyer may
choose, Buyer shall not have any right to reimbursement for any
8
other costs or expenses incurred by Buyer or any other element of
damage under this Agreement.
15. Assianment. This Agreement shall not be assigned or
transferred by the Buyer voluntarily or involuntarily or by
operation of law without the prior written consent of the Seller.
Subject to said conditions, any Assignment shall be binding upon
the Buyer, his heirs, executors, adminis1:rators and assigns.
16. Risk of Loss. Destruction of, or damage to, any building
or other improvement now or hereafter erected or to be placed on
the subject property, whether said damage or destruction is caused
by f ire or other casualty, shall not release Buyer from any of
Buyer's obligations under this Agreement, it being expressly
understood by and between the parties that Buyer shall bear all
risk of loss to or damage to the subject property on or after the
date of this Agreement.
17. Encumbrance Bv Buver. Buyer's equitable title in the
subject real estate, or any part thereof, shall not be pledged or
voluntarily encumbered by Buyer, in any manner whatsoever without
the prior written consent of Seller. Buyer shall indemnify and hold
Seller harmless from any loss sustained by Seller in the event that
Buyer shall pledge or voluntarily encumber the subject real estate
without the prior written consent of Seller.
9
18. Litiaation. Should any litigation be commenced between
the parties hereto concerning said property, this Agreement, or the
rights and duties of either in relation thereto, the party, Buyer
or Seller, prevailing in such litigation, shall be entitled, in
addition to such other relief as may be granted, to a reasonable
sum as and for the party's attorney's fees and costs in such
litigation which shall be determined by the court during such
litigation or in a separate action brought for that purpose.
19. Notices and payments. All notices to be given by either
party to the other shall be in writing, shall be served by
depositing such notice in the United States mail, certified,
properly addressed and directed to the party to receive the same at
such address as each party shall designate to the other. The date
of service shall be deemed to be the date of mailing. All payments
due under this Agreement shall be served either personally or by
ordinary mail.
20. Possession. Possession of said premises is to be
delivered to Buyer upon the execution of this Agreement.
21. Deed in Escrow. upon the execution of this Agreement,
Seller shall execute a general warranty deed conveying all of
Seller's right, title and interest in the Property of the Buyer. .
Said deed shall be delivered by Seller to Seller's attorney.
Seller's attorney shall hold said deed in escrow until such time as
10
the purchase price, together with any unpaid interest, is paid in
full. At that time, Seller's attorney shall deliver said deed to
Buyer for recording.
22. Apolication of Statute. This is an "Installment Land
Contract" under Act No. 81, approved June 8, 1965 (68 P.S. Section
901) and hereby incorporates section 3,4,5,6,7,8, and 9 of that
Act. In the event of any inconsistencies between this Agreement and
said Act, the provisions of the Act shall prevail.
23. Inteqration. This is the sole and entire Agreement
between the parties hereto with respect to the subject matter
hereof, and it may not be modified, altered or changed except by an
instrument in writing duly and validly executed by both parties.
Section hearings shall be disregarded in <construing these Articles
of Agreement for the Sale of Real Estate.
24. Waiver. The failure of any party at any time or times
to require performance of any provision hereof shall in no manner
affect the right to enforce this Agreement:. No waiver by any party
of any condition or of the breach of any term, provision, covenant,
representation or warranty contained in this Agreement, whether by
conduct or otherwise, in one or more instances shall be deemed to
be or construed as a further or continuing waiver of any such
conditions or of the breach of another term, provision, covenant,
representation or warranty. No delay or omission of either party
11
hereto to exercise any right or power accruing upon any
noncompliance or default by the other party with respect to any of
the terms, covenants or conditions of this Agreement shall impair
any such right or power or be construed to be a waiver thereof.
25. Law of Jurisdiction. These Articles of Agreement for Sale
of Real Estate shall be construed under the laws of the
Commonwealth of Pennsylvania.
26. Bindina Nature of Aareement. These Articles of Agreement
for Sale of Real Estate shall inure to the benefit of and be
binding upon the respective heirs, administrators, executors,
representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the said parties of this Agreement have
hereunto set their hands and seals, the day and year first above
written.
?k1M~'~..~
Neys S. Ketterman, Seller
(SEAL)
(SEAL)
f?d:!: ~I!:~!~yer
(SEAL)
12
COMMONWEALTH OF PENNSYLVANIA
.
.
.
.
5.5. :
.
.
.
.
COUNTY OF DAUPHIN
:
On this, the I S+ day of {Lp.JV.l
, 199~ before me,
a Notary Public, the undersigned officer, personally appeared Neysa
S. Ketterman, known to me or satisfactorily proven to be the person
whose name is subscribed to the within instrument, and acknowledged
that executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my name and official seal.
~Ikc M ~(Mj;,~
Nary Public NcllIIII8IS8al P\lbIIC
.IIt!8 M.liamI\\OlI. ~At,nty
~ DauphIn"".
My CoI\II1lI8SIlHI ExpIrasOot. 30, 1999
Member, Penl\Sylvanta AssQdation Of NotaliIS
My commission expires:
13
COMMONWEALTH OF PENNSYLVANIA
.
.
S.S. :
.
.
COUNTY OF DAUPHIN
On this, the
Is-! ("
day of _~L ~J.
the undersigned officer,
, 1998 before me,
a Notary PUblic,
personally appeared
Kimberly A. Markley and Robert E. Hurley, known to me or
satisfactorily proven to be the persons whose names are subscribed
to the within instrument, and acknowledged that they executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my name and official seal.
!/I'J /1 '
-,_. __ f L 1'....._,-" r. 'I .
/
,
I h:. IL, JJ/rtc
blic
Ja . Notarial Seal
~::. Hamilton. Notary PUblic
My comm~rg. Dauphin Counr;
M f'.,on EXpire. Oct. 30. 1999
ember, PennsYlvania Association ot Notaries
My commission expires:
No.tar
13
L.!I:t\LJJ"1j\,jL..( JL111l..JU"--'JJ.~.u. ..1.1. ..1.1.............." ..... _~_ - -~ -
AGREJE.MJENT
ALL THAT eER T AllN lot or piece of ground situate i~, the Township of East Hanover,
County of Lebanon, ans State of Pennsylvania, bounded and described. as fonows, to wit.
BEGINNING at a point on the centerline of T oWllsh.ip Road Route #T .324 ( 50 foot
wide), said point being the Northeastel'll corner of lAnd now or formerly of Walter E. Shenk;
Thence along said land now or late "f Walter Shenk., the following two oourse. and distances.
(1) S"uth 84 degrees 00 minutes West A distAnce of JW23.92 feet to II. point;
(2) North 2J!. degroos 35 minutes We.t a distll.Ilce of 5Jl.O.OO feet to a point;
Thence along lAnd now or IlI.te of Ronald E. Peirson, the following two courses II.nrl distance.,
(J!.) North 79 degrees J!.3 minutes EAst II. distance "f 302.00 feet to a point;
(2) North 27 degrees 5J!. minutes West A distance of J!.542.0ij feet to A point;
Thence along lands n"w or late of Dorothy HollenbAugh Grubh, George H. Good, Jr., and
Charles S. Kiscadden, North 70 degrees 29 minutes ElI.st a distance of 686.30 feet to a
point;
Thence along said lands the foHowing three courses II.nd distll.nces.
(Jl.) South 55 degrees 38 minutes East a distance of 440.00 feet to a point;
(2l South 4J!. J.egrees 23 minutes East a distance of 53.00 f"et to a point;
(3) South 6.;l degrees 57 minutes 33 seconds East a distance of 242.60 foot to a point in said
centerline of Township road #T.324;
Thence along said centerline of Township Road #T .324 du. following five courses and
distances.
OJ South 00 degrees 56 minutes 23 seconds ElI.8t a distance of 84.62 feet to a point;
(2) South J!.8 degrees 48 minutes 03 seconds East a di.tll.nce of 300.ijO foot to a point;
(3l South J!.5 degrees 25 minutes 43 seconds Ea.t II. distll.Jlce of J!.OO.OO foot to a point;
(.;ll South Jl.Jl. J.egrees 32 minutes "il3 seconds East II. distll.nce of JlHlO.O(J foot to a point;
(5) South Jl3 d.egrees 2Jl minutes 23 seoonds East II. distance of 90.52 feet to th.e PI""e of
JBEG[NNIlNG.
C01\i'TAJ[I'>.1NG "!l6.Jl62 II.cres.
BEING Lot No. Jl on a subdivisi"n I'llI.n prepared for Charl"s T. Jones by Matthew &
Hocl.Jey As""ciAtes, Ltd., which plan was duly II.pproved and recorded in the office for the
recording of deeds in Lehll.Ilon County on May 31, J!.983 in Plan B""I.: 32, Page "!l4.
Being the same premises which Charles T. Jones and Ruth S. Jones, hi. wife, by deed. dated
June 23, J!.983 and recorded in Lebanon County Record Book 199, Page 377, granted and
c"liveyed unto Richard D. Kettermll.n and Neysa S. Ketterman, his wife. Richard D.
Ketterman died Febll'UlU'Y 22, JL993, thereby vesting title in Neysll. S. KetternuUl, Seller
herein.
..
JEXHIlBIT A
" "
I
\
HOLST. HARiSHORN, ET AL 2371037
P.04
62/25/1 ~36 J 1: 55' 717-554-6662
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KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
Plaintiff
v.
ROBERT E. HURLEY,
Defendantt
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
IN DIVORCE
RULE TO SHOW CAUSE~
AND NOW, this ~ day of It! ~ ,2005, upon review and
consideration ofthe attached Emergency Petition for Special Relief, a Rule is issued against the
Defendant, Robert E. Hurley, to show cause, if any he has, why the relief sought in the attached
Emerg;Cy=:;or.H= not~e ~ t" tI~ ''".1 dO()S' a
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KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8245
Plaintiff
IN DIVORCE
v.
ROBERT E. HURLEY,
Defendant
CERTIFICATE OF SERVICE
I, Stacy A. Sollenberger, Secretary with the law firm of Cunningham & Chemicoff, P.c.,
bereby certify that on the 3'd day of March, 2005, a true and correct copy of the Emergency
Petition for Special Relief was served by first-class U.S. Mail, postage prepaid, to:
Mr. Robert E. Hurley
209 Printers' Alley
Nashville, TN 37102
By:
Stacy A. Soli
2320 North S ond Street
P. O. Box 60457
Harrisburg, P A 17106-0457
.
~
KIMBERLY A. HURLEY,
now known as KIMBERLY A.
MARKLEY,
IN THE COURT OF COMMO PLEAS OF
CUMBERLAND COUNTY, PE NSYVLANIA
Plaintiff
V.
ROBERT E. HURLEY,
Defendant
IN DIVORCE
NO. 00-8245 CIVIL TER
ORDER OF COURT
AND NOW, this 16th day of March, 2005, ter
hearing we find that husband is in default under t e
articles of agreerr,ent for sale of real estate date April 1,
1998, as that ter~ is defined in Paragraph 4 of th property
settlement agreement. Consequently, wife has thir y days to
exercise her option to purchase the property at ma ket value
as defined under the terms of the property settlem nt
agreement.
If wife cures the default under the arti les of
agreement for sale of real estate dated April 1, 1 98, she
shall then pay husband the difference between what e has
paid to the seller under said agreement and the market
value as defined in Paragraph 4 of the property se lement
agreement.
The second issue raised in the petition r
special relief is not an emergency. Therefore, we ill not
address it at this time. Wife may proceed with an ction
for enforcement of the terms of the property settle ent
agreement if she feels that husband has not complie
herewith.
By the Court,
iU
I~lly M. Knight, Esquire
Cunningham & Chernicoff, P.C.
P.O. Box 60457
2320 North Second Street
Harrisburg, PA 17106-0457
For the Plaintiff
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