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HomeMy WebLinkAbout99-04700u ',? H ,N 2 V •? 1 .. ?? ?? V x? J ,:;; ;' ,v;; ?. ,, ,,? ,.,w :?F ': A IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ?. PEN NA. 3 ??ttYt .'-,,. ,Yp AMY LIIZABETH HIPPENSTEEEL, VERSUS DECREE IN DIVORCE AND NOW, 2 ?14 '2001 , IT IS ORDERED AND JOHN PAUL HIPPENSTEEL, Defendant DECREED THAT AMY ELIZABETH HIPPENSTEEL , PLAINTIFF, AND Plaintiff N O. 99-4700 JOHN PAUL HIPPENSTEEL ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 25, 2001 and incorporated but not merged into the Decree, BY THE COURT: - ?/ A4 ATTES J. PROTHONOTARY 7. . of `??o? ? 7"" ,.% ?4??? M, I 1 C Z o .t J Z W U w 1¢-- } 4 W Q W Z 7 3 a 3 m apz z g m W a m a s ? m u w S; -E 3-i< MARITAL SETT . M .NT A FFMENT THIS AGREEMENT, made this2J day of 2001, by and between JOHN PAUL HIPPENSTEEL, hereinafter referred to as "HUSBAND", and AMY ELIZABETH HIPPENSTEEL, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 7, 1996, in Cumberland County, Pennsylvania; WHEREAS, no children were born of this marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has been independently represented by Jane M. Alexander, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONA!. RIGHT C HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. Final June 25, 2001 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. Additionally, HUSBAND shall be solely liable and responsible for any and all marital debts associated with the parties' interest in the cabin identified in Paragraph 6 below and will indemnify and hold WIFE harmless from the same. HUSBAND further agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from any cabin related debts incurred during the marriage. To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTOR The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. Final June 25, 2001 t rt`e 5. MARITAL. AND NON-MARITAL-ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, jewelry, clothes, furniture, and other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 6. OABILY On July 31, 1997, the parties purchased a third (1/3) interest in a property with Tommy L. and Deborah S. Hippensteel (HUSBAND's parents) and Roger L. and Darlene L. Myers. Said property is located in Penn Township, Huntington County, Pennsylvania. In order to purchase said interest, the parties obtained a loan from MembersFirst. This loan was secured by WIFE's pre-marital vehicle (1991 Cavalier). WIFE has been paying this debt since the parties' separation in the amount of approximately $350.00 per month. The parties also owe HUSBAND's parents certain monies associated with the general maintenance and upkeep of the cabin. The parties agree that as part of the final resolution of their divorce action that they shall Final June 25, 2001 4 transfer their interest in their cabin to Tommy L. and Deborah S. Hippensteel (HUSBAND's parents) and Roger L. and Darlene L. Myers for the sum of $15,333.33. From these proceeds, the parties agree that the loan to MembersFirst, Account No. 104512 with an approximate balance of $4,211.24, shall be satisfied and HUSBAND'S parents shall be paid the sum no greater than $3,238.92. HUSBAND agrees to indemnify and hold WIFE harmless from any other cabin related debts, claims or expenses. The parties agree that WIFE shall receive the balance of the proceeds which is estimated to be $7,883.17. Settlement on this transfer must occur prior to July 10, 2001. If not, HUSBAND will agree to additionally reimburse WIFE one- half (1/2) pf the monthly payment of $348.00 for July. 7. MQ3:QR VEHICLES WIFE shall have sole title and ownership her 1991 Cavalier. Said vehicle was acquired by WIFE prior to the parties' marriage and is a non-marital asset. HUSBAND shall have the proceeds from the trade-in of the marital 1992 Ford Ranger. HUSBAND satisfied the loan associated with said vehicle. 8. PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable. 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts and investments in their own names. Final June 25, 2001 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 11. MUTUAL. WAIVFRAND RFEEASE OF RLGIM-AND CLAIMS CONFERRED BY THE PENNY VANIA DIVO$CEAC1.0119$0,_AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 12. AFTER ACQUIRED PERSONAL PROPERTY/FARE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 13. CASH_ PAYMENT On or before July 10, 2001, HUSBAND shall pay WIFE the sum of $1,300.00, Final June 25, 2001 14. TERMINATION OF Cl PPORT WIFE agrees to terminate the support action upon entry of the divorce decree. If any arrears exist, HUSBAND shall pay same in accordance with the Order. WIFE's counsel shall mail the Praecipe for entry of the divorce decree on the date of receipt of the sums set forth in paragraphs 6 and 13. 15. SUBSEQUENT DIVOgcF A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated for purposes of enforcement into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 16. OTHER DOCIIMFNTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will Final June 25, 2001 7 forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. MUT iA WAIVER AND REL E x SF?pF RIGRTS.AND_CLAIMS IN F TAT . Each party hereby releases, waives and relinquishes any and all rights which lie or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 18. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and ibrever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time 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 ol'such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or curtesy of 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 it lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, Final June 25, 2001 8 whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the 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 thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Marital Settlement 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 thereof. Final June 25, 2001 9 19. SUCCESSOR'S Ri HT AND IABIuTi S This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 20. S V . ABI ITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 21. EXURF. A RE M NT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 22. BINDING EFFECLOEAGIRREMENUMALVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. Final June 25, 2001 10 23. BMA-CH 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 contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. CONTROLLING LAN This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 25. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually HN PAUL HIPP ? STEEL PCL/ AMY IZA ETH HIP 'NSTEEL Final June 25, 2001 11 signed by both parties. f a z g J Q W o N 0 G O Z a S m 4 ° Z rc n g rc m d f Q1 U W Z Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 AMY ELIZABETH HIPPENSTEEL, Plaintiff V. JOHN PAUL HIPPENSTEEL, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4700 : CIVIL ACTION -LAW : IN DIVORCE 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 of the complaint: United States Mail, Certified Mail, Restricted Delivery on August 10, 1999. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff. July 18, 2001; by Defendant: July 18, 2001. 4. Related claims pending: All matters have been resolved pursuant to a Marital Settlement Agreement reached by the parties dated June 25, 2001 and incorporated, but not merged into the Decree. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce ? July 19, 2001. Date Defendant's Waiver of Notice in §3301(c) Di Prothonotary: July 19, 2001. Dated: July 18, 2001 filed with Prothonotary: :e was filed with Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AMY ELIZABETH HIPPENSTF_EL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN PAUL HIPPENSTEEL, Defendant : NO. 99-4700 CIVIL ACTION - LAW IN DIVORCE CERTI-_ _FIATE Of SI' RVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Jane M. Alexander, Esquire 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019-0421 DATED: July 18, 2001 Barbara Sumple-Sullivan, Esqi 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff i. cam. 103 v/ J ? ^ V C; N m ' NI (Y C .? 1 V (Z m ?i a AMY ELIZABETH HIPPENSTEEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANID/ COUNTY, PENNSYLVANIA V. : NO. W - '7 70? ??- JOHN PAUL HIPPENSTEEL, CIVIL ACTION - LAW Defendant IN DIVORCE YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 AMY ELIZABETH HIPPENSTEEL, Plaintiff V. JOHN PAUL HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 9. -17" C?t; 0 A - CIVIL ACTION - LAW IN DIVORCE 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: ?l Amy izabeth Hippenste AMY ELIZABETH HIPPENSTEEL, Plaintiff V. JOHN PAUL HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 9 _ Y,7 tro Cum La CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is AMY ELIZABETH HIPPENSTEEL, an adult individual residing at 415 Hogestown Road, Mechanicsburg, PA 17055. 2. Defendant is JOHN PAUL HIPPENSTEEL, an adult individual residing at 165 Texaco Road, Mechanicsburg, PA 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 7, 1996 in Cumberland County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on June 4, 1999. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. CUNT 11 SUPPORT, AIJM? ONY PE N r u • •*•• • • r,. 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff, Amy Elizabeth Hippensteel, prays this Honorable Court to enter judgment: A. Awarding Plaintiffa decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Equitably distributing the marital property; and D. Awarding other relief as the Court deems just Dated: August 3, 1999 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 AMY ELIZABETH HIPPENSTEEL, Plaintiff V. JOHN PAUL HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE I, Amy Elizabeth Hippensteel, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: O 3 C? I ( I Amy Eli beth Hippensteel m - O Z n ? a •' • 1 W U N C } N J t • .i C j W 3 7 rc a 5 N m d a. ? ? n a ¢ in m a' F Ql ? U 2 AMY ELIZABETH HIPPENSTEEL, Plaintiff V. JOHN PAUL HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4700 CIVIL ACTION - LAW IN DIVORCE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. Z 143 612 069, Return Receipt Requested, on the above-named Defendant, John P. Hippensteel, on August 10, 1999 at Defendant's last known address: 165 Texaco Road, Mechanicsburg, PA 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: August _.zz, 1999 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Z 143 612 069 Us Postal service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall (See reverse) 1e""0 Mr. John P Hi Postage $ EC-eMfifiedFooRestricted Delivery !-7 1 N O! Ol O UL N n 5 SENDER: I also wish to receive the C NDE hems 1 "or 2 for a00itbrW services. ecomplete Items 3.46. and 41b. following services (for an sprint your name and address on the reverse of this form w Ihet we can mum this Pori a fee): card to yyoou. Orion Ws form to the from of the mellpiew, or on the back H space does not WWrmH. ofurw Owe Return Receipt Requested' on the Itmallgecebebwtheadand number. 2. Restricted DBIIV OdM Rehm Receipt e10 show 10 to whom the Mide was delivered and the date p delivered. ODnSUMPUBUMMIer for }ee. Mr. John P. Hippensteel Z 143 612 069 c/o Mr. Tom Hippensteel 4b. service Type 165 Texaco Road 0 Registered Mechanicsburg, PA 17055 0 Express Mail 0 Retum Receipt for Marchand i 'QhcerdBed 0 Insured 0 COD EXHIBIT "A" AMY ELIZABETH HIPPENSTEEL, Plaintiff V. JOHN PAUL HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4700 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT-OF -CONSENI 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 4, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: / r7 rl ?4 at tf?. AM ELIZ BETH HIP ENSTEEL . . . I AMY ELIZABETH HIPPENSTEEL, Plaintiff JOHN PAUL HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4700 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TOBEQUEST ENTRY OF A DiNORCE DEC'RFE UMER §3391kc) OF TH . DM0R,CE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATE: -- 1 ( AM ELI ABETH HI ENSTEEL I , AMY ELIZABETH HIPPENSTEEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN PAUL HIPPENSTEEL, Defendant NO. 99-4700 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OE-Co SE I 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 4, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: JOHN PAUL HIPP STEEL ? n ? •• AMY ELIZABETH HIPPENSTEEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN PAUL HIPPENSTEEL, Defendant NO. 99-4700 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INIENTION TO REQUEST ENTRY OF A DIVORCE DECREE_UN §3MC OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: &N PAUL I PENSTEEL ? ? ? .. AMY ELIZABETH HIPPENSTEEL, Plaintiff V. JOHN PAUL HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4700 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Plaintiff in the above-captioned matter, having been granted a final decree in divorce on the 25th day of July , 2001, hereby intends to resume and hereafter use the previous name of Amy Elizabeth Hippensteel and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. §704. TO BE KNOWN AS: Amy E 'zabeth ippensteel Amy zabeth cLaughlin COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. On this, the 30th day of July , 2001, before me, a Notary Public, the undersigned officer, personally appeared Amy Elizabeth Hippensteel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. IN NE HEREOF, I hereunto set my hand and official seal. OTARY PUBLIC My Commission Expires: (SEAL.) Waoartal t#ae1 ?? ? ? ? ? 4 0 ?J ?' ? CMG 'br