Loading...
HomeMy WebLinkAbout99-06993 ? :- z ? ? ? : ' j, 'v'ia ?Y IN THE COURT OF COMMON PLEAS OF CUMBER LAND COUNTY STATE OF rs PENNA. `;J I) JOHN P. HOCKERSMITH N O 99- 6993 Civil Term Plaintiff VERSUS; ROXANNE C. HOCKERSMITII Defendant- DECREE IN DIVORCE AND NOW, _ JUIIU DECREED THAr _ _JOHN P.. HOCKERSMITII AND ROXANNE C. IIOCKE11smil rll ARE DIVORCI-O 1140M IIII Hf)NI); OI MATRIMONY. , PLAINTIFF, DEFENDANT, TI1E COURT Ill-, IAIW, IIIRI'.,OICIION CW THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISEO OI' liLCUl+I) IN IIIItb ACIIUN FOR WHICH A FINAL ORDER HAS NOT YET OF-FN IINIIA41 11, Bqultcll)lc.dlntr.l.butLori c.lpims are,_settled by the terms of the Aijis .91 1999_ AgrcemenL filed and incorporated by reference in thin D=C-r=e. BY THE COURT: / ATTEE -I- J. X PROTHONOTARY 2000 , IT IS ORDERED AND . ,, ? i9-? ?z,?/•OL e r5 4t! c.; `tli THIS AGREEMENT MADE AND ENTERED INTO this - & day of ?t S 1999, by and between JOHN P. HOCKERSMITH, of South Newton Township, Cumberland County, Pennsylvania, hereinafter called "Husband", and ROXANNE C. HOCKERSMITH, of South Newton Township, Cumberland County, Pennsylvania, hereinafter called "Wife", WHEREAS, Husband and Wife were lawfully joined in marriage on October 27, 1973; and, WHEREAS, the parties hereto desire to enter into a stipulation and agreement for equitable distribution of the marital property owned eitherjointly as tenants by the entireties or individually in their own right but including all property which would fall within the definition of marital property pursuant to the Divorce Code, Section 401(e). NOW, THEREFORE, WITNESSETH, that for and in consideration of the premises, mutual covenants and promises hereinafter made, and intending to be legally bound hereby, Husband and Wife do hereby contract and agree as follows: 1. REPRESENTATION BY COUNSEL.: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of his or her selection; that both of them have consulted with Sally J. Winder, Esquire, who has discussed the terms of this Agreement, representing that she is acting as scrivener of an Agreement which has been negotiated by the parties prior to the time of the writing of this Agreement. 2. SEPARATION: 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 he or she were unmarried. Each may reside at such place or places as he or she 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, disturb, or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3. Mi1TUAi ESTATE. WAIVER: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other of the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interest, 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 he or she now has or at any time hereafter may have against such other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, Commonwealth or territory in the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have or 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 thereof. It is the intention of Husband and Wife to give to each other by the execution of the 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, subject, however to the implementation and satisfaction of the conditions precedent as set forth herein above. 4. pERCONAI. PROPERTY: Husband and Wife do hereby acknowledge that they have prior to the execution of this Agreement discussed the division of marital personal property, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband and Wife agree that Wife shall be entitled to remove from the martial property at 15 Hammond Road, Walnut Bottom, South Newton Township, Pennsylvania, any and all items which are antiques or family items which have been given to her or have come from her family into the marital home, as well as any and all items which she brought into the marriage as her personal property and which are hers by purchase or gift during the marriage. Husband and Wife further agree that all other personal property and household furnishings located at the marital home shall be considered to be that of Husband. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above items which are the sole and separate property of the other. 5. Y HI S: Wife shall be the sole equitable and title owner of the certain 1994 Grand Am vehicle which is currently titled in joint names. Wife shall likewise continue to be the sole and separate owner of a 1991 Chevrolet Cavalier automobile. Husband shall be the sole equitable and title owner of the 1997 Dodge Dakota pickup truck and the 1989 Jeep Cherokee. Husband and Wife do agree that they shall execute all documents, if any, necessary to transfer title and registration to the various vehicles to accomplish the separate ownership as set forth in this paragraph. Husband agrees that he shall save and hold harmless Wife from and on account of any payments on a Dauphin Deposit Bank and Trust Company loan secured by title to the 1997 Dodge Dakota pickup truck, and Wife shall execute a Power-of-Attorney for transfer of title on said vehicle to Husband upon payment or refinance of the loan. Husband agrees that he shall continue to pay the car insurance on the 1991 Chevrolet Cavalier even though it is title in Wife's name for so long as this vehicle is used by a child of the parties as primary transportation during such child's pursuit of higher education. 6. RF.A f. SIA E. Husband and Wife are deed title owners of the real estate and improvements thereon known and numbered as 15 Hammond Road, South Newton Township, Cumberland County, Pennsylvania which is encumbered by a mortgage to PNC Bank, N.A., and a home equity loan through PNC Bank, N.A., having a combined approximate balance of Fifty-six Thousand and 00/100 ($56,000.00) Dollars. It is the agreement of the parties that Wife shall transfer all of her right, title and interest in and to said property to Husband provided that Husband shall refinance the mortgage and home equity loan at PNC Bank, N.A., to be his sole and separate responsibility and liability. All real estate taxes and expenses of settlement shall be those of Husband. Husband shall pay all utilities and services to the marital property due and owing and accruing after April 05, 1999. 7. Husband and Wife acknowledge that Husband has life insurance benefits through his employment at Champion Road Machinery. Husband agrees that he shall name and maintain all of the parties children as sole beneficiaries of any and all life insurance benefits available to him through his employment. Husband represents and warrants that the amount of life insurance held by him on his life at the time of signing of this agreement is equal to his annual salary, in the case of natural death or twice his annual salary in the case of accidental death, and that he maintains and will maintain life insurance on the lives of the parties' children in the amount of $5,000.00 per child. He shall provide proof of such beneficiary status to Wife upon request from time to time. 4 Wife agrees that she shall likewise maintain the parties' children as sole beneficiaries of any life insurance she currently holds. 8. CAMPER AND BOAT FTC. Husband and Wife acknowledge that there is a camper and boat, as well as associated tools, equipment and furnishings located at Raystown Campground, Newburg, Pennsylvania. The boat and camper are currently registered in Husband's name only. Husband and Wife agree that these items shall be the sole and separate property of Husband, free and clear of any claims by Wife. 9. COST OF HIGHER EDUCATION. Husband and Wife further agree that Husband shall be solely and separately liable for payment of the costs of higher education, including tuition, room and board, and all other costs associated with attendance at any institution of higher learning for the parties' youngest two children. The choice of such institution shall be that of the parties' child who will be attending such institution or enrolled in such course of education. It is the understanding and agreement of the parties that if their daughter Kelly desires to continue and complete her education at Heidelberg College she will be permitted to do so. Such costs of higher education shall include all costs of any institution or program of higher education leading to a bachelors degree or equivalent at any time that such request is made by either of these children. Such agreement to pay the costs of undergraduate education shall be ongoing and continuing and shall extend from this day forward until an undergraduate degree is earned by either child. It is understood and agreed by the parties that this obligation shall be a contractual term of this Agreement and is not dependent upon the status of the Pennsylvania law concerning child support or education. And further, the parties agree that Husband shall be solely liable for the costs of support, maintenance, and well-being, including all medical expenses, of the parties' youngest child from the date of this Agreement until she shall attend an institution of higher learning as set forth above. v 10. WAIVER OF RFTIRFMFNT 'CLAIMS. Husband and Wife acknowledge that Husband is employed at Champion Road Machinery, Pro-Pav division, and was previously employed at Ingersol-Rand, Inc., where he has accumulated certain retirement benefits. Each of the parties does specifically waive, release, renounce, and forever abandon all of their right, title, and interest or claim, whatever it may be, in any pension, retirement, profit sharing plan or other plan of such a nature of the other party, whether acquired through said other party's employment or otherwise, and hereafter said pension, retirement, profit sharing plan or other plan of such a nature shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Therefore, Wife acknowledges that she has waived any and all claims to retirement funds, pension and profit sharing plans accumulated by Husband through his employment at Champion Road Machinery, Pro-Pav division and Ingersol-Rand, Inc. Provided, however, that Husband shall at all times maintain the parties' children as beneficiaries of any and all such retirement funds, pension and profit-sharing plans to which he might otherwise be entitled to name beneficiaries. Husband acknowledges that he did borrow the sum of $11,000.00 from his 401(k) plan for investment in corporate shares and that such shares together with appreciated value thereof shall be maintained for the benefit of the parties' children and that such shares or succeeding investment shall, if sold or liquidated, be set aside and invested for the benefit of the parties' children. Husband likewise waives any rights to any accounts held by Wife, although Husband is not aware of any such accounts held by Wife, other than a Legg-Mason account. 11. 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; that there are no claims, promises or re-presentations 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; and the waiver of any tern, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. Iff. 12. 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 any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid or otherwise, then only that term, condition, clause or provision shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 14. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 15. If either party breaches any provision of this Agreement, the other parry shall have the right, at his or her election, to sue in law or in equity, to enforce such rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 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 rl assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate and in counterparts, and Husband and Wife, as parties hereto, acknowledge the receipt of a duly executed c9py hereof. Wi ne 7, at JO , HOC El C C' 'ol S C. HOCKERSMITH 8 i y r- i c.? - c. Z u' W 7171 V JOHN P. HOCKERSMITH, : IN THE COURT OF COMMON PLEAS Or : CUMBERLAND COUNTY, PENNSYLVANIA vs Plaintiff CIVIL ACTION - LAW NUMBER: 99 - 6993 CIVIL TERM ROXANNE C. HOCKERSMITH, Defendant : 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 S3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: by certified mail return receipt requested, restricted delivery addressee only on December 6, 1999, as shown on the mail receipts filed with the affidavit of service in this matter. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by Plaintiff May11, 2000; by Defendant May 12, 2000. (b) (1) Date of execution of the affidavit required by S330l(d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: nom, the Petition for contempt and hearing thereon were continued generally for the purpose of filing the property settlement agreement dated August 9 1999- to be incorporated as part of the Divorce decree thus resolving all claims for en uit? able distribution of marital property as raised in Defendant's Answer filed February IT 2000.. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: -I- I?? Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: 6 Sally J. Wii er, Esquire 701 East King Street, Shippeusburg PA 17257 (717) 532 - 9476 Attorney for ' Wz . "nu --r ?: O J O U Yl JOHN P. HOCKERSMITH, vs Plaintiff : NUMBER: 9? 1n9?3 CIVIL TERM Zvirwcx7cor c94V-„ c ry Ow nm (717)5.11-NAP Shippensburg PA 17257 (717) 532 - 9476 , 2 ROXANNE C. HOCKERSMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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 Courthouse, One South Hanover Street, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 PA 17013 (717) 249 - 3166 FAk U V v"J? Sally J. W der, Esquire Attorney for Plaintiff, JOHN P. HOCKERSMITH 701 East King Street JOHN P. HOCKERSMITH, vs Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NUMBER: 99- 6993 CIVILTERM ROXANNE C. HOCKERSMITH, Defendant IN DIVORCE COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, JOHN P. HOCKERSMITH, by and through his counsel, Sally J. Winder, Esquire, and represents as follows: 1. Plaintiff is JOHN P. HOCKERSMITH, who currently resides at 15 Hammond Road, Walnut Bottom, South Newton Township, Cumberland County, Pennsylvania, having a mailing address of P O Box 467, Shippensburg, Pennsylvania 17257, since October 1984. 2. Defendant is ROXANNE C. HOCKERSMITH, who currently resides at, and whose mailing address is, 430 East King Street, Shippensburg, Cumberland County, Pennsylvania, since on or about April 15, 1999. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of AF. V dinuycf.°lY...?. J'i,Sa..?L.y 9'al r?zn (?nJsn-sees Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 27, 1973 at Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. i 6. The marriage is irretrievably broken. 7. Plaintiff avers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by his attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. Sally J. finder, Esquire Attorney for Plaintiff, JOHN P. HOCKERSMITH 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 Date: li VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, Date: -Y- /S- . R?:w t ,c, p, `J m U A Do IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. HOCKERSMITH, Plaintiff, VS. ROXANNE C. HOCKERSMITH, Defendant. CIVIL ACTION - LAW NO. 99-6993 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Roxanne C. Hockersmith. WEIGLE, PERKINS & ASSOCIATES Dated: bo f i ZgpO c BY: J1? .Lti? David P. Perkins, Esquire Attorney for Defendant Attorney ID No. 34342 126 East King Street Shippensburg, PA 17257 717-532-7388 MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - 5MIPPENSOURG. PA 10257.1397 ?, _ ,_ .,; :' . ' -? -- ;-; ?` - ,; _ _ ;? I.`s r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. HOCKERSMITH, CIVIL ACTION-LAW Plaintiff, VS. NUMBER 99-6993 CIVIL TERM ROXANNE C. HOCKERSMITH, Defendant. IN DIVORCE NOTICE TO PLEAD To: John P. Hockersmith You are hereby notified to file a written response to the enclosed Counterclaim within twenty (20) days from the service hereof or a judgment may be entered against you. WEIGLE, PERKINS AND ASSOCIATES By: ?cNx? 'V David P. Perkins Attorney for Defendant Attorney I.D. #34342 126 East King Street Shippensburg, PA 17257 717-532-7388 MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SIIIPPENSDURG. PA 17257.1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. HOCKERSMITH, Plaintiff, VS. ROXANNE C. HOCKERSMITH, Defendant. CIVIL ACTION - LAW NUMBER 99-6993 CIVIL TERM IN DIVORCE ANSWER TO DIVORCE COMPLAINT COMES NOW, the Defendant, Roxanne counsel, WEIGLE, PERKINS & ASSOCIATES, answers Plaintiffs Complaint in Divorce as follows: Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. Admitted. 8. Admitted. C. Hockersmith, by and through her and David P. Perkins, Esquire, and COUNTERCLAIM - EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 of Plaintiff's Complaint and Defendant's responses thereto are incorporated herein by reference as though set forth in full. II 10. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from October 27, 1973 until April 4, 1999, the date of separation, all of which property is "marital property". MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSRURG. PA 19257.1397 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value as marital property. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this petition and substantial portions of said property are in the exclusive control of Plaintiff. 13. Defendant, Plaintiff in this Counterclaim, requests the Court to equitably divide all marital property. WHEREFORE, Defendant requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. WEIGLE, PERKINS & ASSOCIATES By. V - (?? David P. Perkins Attorney for Defendant Attorney I.D. #34342 126 East King Street Shippensburg, PA 17257 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Answer to Divorce Complaint and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. §4904, relating to unswom falsification to authorities. Roxanne C. Hockersmith Dated: MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SMIPPENSDURG. PA 17257-1397 f P 547 53.5 094 US Postal Service Receipt for Certified Mail No insurance Coverage Provided. Do nnl ucn tnr Inlnmalinnal a.lea re.,.. .....___? m G O m 09 IL a tto Super& Num 3D S1 P Otfife. Slate, d PC o n? j l l ?? l Postage Certfied F Special De" e Restrict F ''- Relum Receipt Whom 8 Dale Dative Rehm Receipt SBOwig to DaR.6 Addressees Addgtt TOTAL Po P J Poslma le ?'j ? u ? r` 7 I} •,rFy .?I s , r l { i I? 1 el 1 1 I. r` r r I 1 I i J f 1 ?. ? ? ? 1 f iii t to SENDER: l v n -COMgete itame 1 and/or 2 for additional seMcee. 0Compete name 3,4a, and m I also wish to receive Gte t $ I u . -card your name and address on the reverse of this following services (for an card form so that we can mtum this to you. extra fee): ? _ s > E -Attach this fern, to the fora of the mailplaw. or on the back it space does not 1. ? Addressee's Address permit. 8 . t I m 4 iwdte'Refum Rece/pfRequested. on the maldece below the slide number. ,b '? R?m Receipt WV Maw to whom the anide was delivered and the dat Z• bv. Restricted Delivery 2 C ° I a 3. ANWe Adtlressetl to: e Consult Postmaster for fee. s•' ?, ? 1 I m 4a. Article Number ' ` a ` ?D (y1$• I- 1 1 tOXG1 nn/l? c ¢ E u j 1 1 rr `Y `0 t V-' • , ? 41. Service Type J$ Registered s' ; i ' • S? r rte,,,, . (I L F /1 1"f .•r?u b ('1 ? CerBfled ? Express Mail E3 Insured .: / V se O COD 17?5? 7. ate of v/ APL G ° ; 5. Receivetl BY. (PdnfName) 8. Addressee's Address (Only1frequested '- 1 and fee is paid) m , c 6.61 ddressee o rAge ) I` r / + PS Form 3811, December 1994 Domestic Retum Receipt , I I I I r I 1 i f First-Class Mall paid postage & permit No. G-10 ,t UNITED STATES POSTAL SERVICE II III i • print your name, address, and ZIP Code in this box • ,I ?f j ?i % ?rt,01-? l ?4 Sir C? i •?I 6A L??IIL??I,.ta61,I,1,,a,,;li,l,l;jl,,;l,,,iji,,,,,,ll?l??il I JOHN P. IIOCKERSMITII, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs : CIVIL ACTION - LAW ROXANNE C. HOCKERSMITH, Defendant : NUMBER: 99 - 6993 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE 1, Sally J. Winder, being; first duly sworn according to law do depose and say that I served a Complaint in Divorce in the above action to the Defendant, ROXANNE C. HOCKERSMITH at 430 East King Street, Shippensburg, Pennsylvania by certified mail, restricted delivery, return receipt requested, on December 6, 1999, at the Shippensburg Post Office, Shippensburg, Pennsylvania, which Complaint in Divorce was received by the Defendant as evidenced by her signature on the attached receipt. 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. Sally J. Winder, Attorney for Plaintiff [L Z :TILU -- o U _- w JOHN P. HOCKERSMITH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: qC4-?q.?? CIVIL TERM ROXANNE C. HOCKERSMITH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 19, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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. 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: S ?? DD m J IJLLI 41 O U =;1 JOHN P. HOCKERSMITH, Plaintiff vs ROXANNE C. HOCKERSMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: 99 - 6993 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I. 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 statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unworn falsification to authorities. Date:L -O! -QC) i 1 } t 4)? Q CI) C r 7 F ) j U fl. d. JOHN P. HOCKERSMITH, Plaintiff vs ROXANNE C. HOCKERSMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NUMBER: 99 - 6993 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 19, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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. 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: / ZRONE C. H OCKERSMITH i n; CC) i '_y `i L w `? O U JOHN P. HOCKERSMITH, vs Plaintiff ROXANNE C. HOCKERSMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 99 - 6993 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 330I(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if 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 statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Date: ?' d00 2 4RNNE C. OCKERSMITH A Zvi. r n? Li t iJ :; ]L ' ' o U - OF THE 39 IN THE COURT PENNSYYLLVANIAE- CUMBERLANDTCOUNTYCBARANCHSTRICT OF John P. Hockersmith, Plaintiff VS. Roxanne C. Hockersmith, Defendant Civil Action - Law Number 99-6993 Civil Term In Divorce ORDER OF COURT NOW this day of 2000, upon consideration 1 of the Motion attached hereto, it is hereby ordered that a Rule shall be issued upon the Respondent to show cause why the relief requested by the Petitioner shall not be granted. Said Rule is ordered returnable at a hearing to be held on 1)1'-1.t-z//? 2000, at c3 U o'clock, -.m. in courtroom # of the Cumberland County Court of Common Pleas. By the Court, 00 J. lz.?Zs e C F Ct'i IN THE COUPENNSYLVANIA - CUMBERLAND COUNTY BRANCH DISTRICT OF COMMON PLEAS OF THE John P. Hockersmith, Plaintiff VS. Roxanne C. Hockersmith, Defendant Civil Action - Law Number 99-6993 Civil Term In Divorce MOTION REQUESTING THE SCHEDULING OF A CONTEMPT PROCEEDING NOW comes the Petitioner John P. Hockersmith, by and through his attorney, Stephen D. Kulla, Esquire and alleges the following: 1. John P. Hockersmith and Roxanne C. Hockersmith were formerly Husband and Wife having been separated since April 5, 1999. 2. on August 9, 1999, the Hockersmiths entered into a Property and Separation Agreement, a copy of which is attached hereto. 3. At the time of the entry of the Property and Separation Agreement, Roxanne C. Hockersmith was represented by Sally Winder, Esquire. 4. In paragraph 6 of the Property and Separation Agreement, the parties agreed that Wife shall transfer all of her right, title and interest in and to said property to Husband provided that Husband shall refinance the mortgage and home equity loan at PNC Bank N.A. 5• Within the Property and Separation Agreement, an additional clause was included whereby the parties agreed, in paragraph 6 that Husband shall pay all utilities and services to martial property due and accruing after April 5, 1999. 6. Since the signing of the Property and Separation Agreement, John Hockersmith has obtained loan commitments from All First Bank which would have allowed him to refinance the property as was required in the agreement. 7. Further, Roxanne Hockersmith was required in such circumstance to deed John Hockersmith the property. 8. The Defendant, Roxanne Hockersmith, has breached the terms of the Property and Separation Agreement, by violating paragraph 6, as she has failed to sign the necessary paperwork to accomplish the refinancing and the transfer of the deed. 9. Because of said refusal, the 6.96 interest rate originally offered has now been withdrawn and replaced with an 8.46 rate. This 1.56 rate difference will cause $13,500.00 in excess payments to be made for the refinancing of $60,000.00 for 15 years. 10. Paragraph 15 of the Property and Separation Agreement states that "if either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue, in law or in equity, to enforce such rights and remedies which the party may have." Said paragraph also states that "the breaching party shall be responsible for reasonable legal fees and costs incurred by the other party to enforce this agreement against the breaching party." 11. John Hockersmith has been caused to suffer as a result of Roxanne Hockersmith's breach of the aforementioned agreement, an increase of $13,500.00 in payments to be made as Roxanne has failed to sign the necessary refinancing documents. 12. John Hockersmith has had to retain counsel and incur attorneys fees for litigation this action. His attorney, Stephen D. Kulla, charges a rate of $115.00 per hour and will be prepared to, present as evidence in this proceeding, a total invoice of all attorneys fees charged. 13. The Petitioner desires that this Honorable court enforce the Property and Separation Agreement and order the Defendant Roxanne Hockersmith to sign the necessary documentation, pay the aforementioned costs incurred by the Defendant and pay the Plaintiff's attorneys fees. WHEREFORE, it is requested that this Honorable Court enter the attached Order. KULLA AND ASSOCIATES, P.C. !r gy. St phen D. Ufa. Esquire Attorney for Petitioner I verify that the statements made in this motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. A. 54904, relating to unsworn falsification to au Date:?3 •15 2000 1 On_c-07-99 12:46P TIIIS AGREFMENT P.02 MADE AND ENTERED INTO this day of / . Gr 1999, by and between JOHN P.11OCKERSMITh, of South Newtun Township, Cuntherland County, Peunsylvama, hereinafter called "Husband", and RO\ANNF, C. IIOCKERSMTTH, of South Newtun Township, Cumberland County, Pennsylvania, hereinafter called "Wife", WHEREAS, Husband and Wift were lawfullyjoined in marriage on October 27,1973; and, WHEREAS, the parties hereto desire to enter into a stipulation and agreement for equitable distribution of the marital property owned tither jointly as tenants by the entireties or individually in their own right but including all property which would fall within the definition of marital property pursuant to the Divorce Code, Section 101(e). NOW, THEREFORE, WITNESSETH, that for and in consideration of the premises, mutual covenants and promises hereinafter made, and intending to be legally bound hereby, Husband and Wife do hereby contract and agree as follows: 1. REPRESF.NTATI4ILIl:X_CMNSEL: Husband and Wire declare that each has had a full and fair opportunity to obtain independent legal advice of his or her selection; that both of them have consulted with Sally J. Winder, Esquire, who has discussed the toots of this Agreement. representing that she is acting as scrivener of an Agreement which has been negotiated by the patties prior to the time orthe writing ofthis Agreement. Doc-07-99 12:47P P . 0 3 2 $E1'.\ t_&Upy: tlusttand and Wife may and shall at all times hereafter, live separate and apart Each shall he rice from nil control, restraint, interference or authority, direct or indirect, by ilia other in rill [aspects as if he or she were. unmarried Each may reside at such place or places as he or she may select. Each may I'or his or tier separate use or benefit conduct, carry on and engage in any business, occupation, profession, or employment which to him or her may scum 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 ilia coutimlation of their living apart. Husband and Fife shall not molest, harass, disturb, or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3. AMILrAL-ESTATE EL_LLyER-. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge die other of the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interest, or claims in or against tine 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 he or she now has or at any time hereafter may have against such other, the estate of such other or any pan hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy or widow's or widower's rights, family exemption of 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 other rights of a surviving spouse to participate in a deceased spouses estate, whether arising under the laws of (a) Pennsylvania, (b) any state, Commonwealth or territory in the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have or have for past, present or future support or maintenance, alimony, alimony pcndeme 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 V, _ 04 D?c-O %-957 7"L:4"1P this agrcernent or for the brcach of any thereof full`completcranel general release with Icspcct to each other by the execution of the agree to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may here;rftcr acquire, except and only except all rights and agreerocnts and obligations of wttatsocver nature arising or which may arise under this agrccnteo or for the breach of any thr:reos"", subject, however to the itnplcmcntation and satisfaction of the conditions precedent as set forth herein above. husband and wire do hereby acknowledge that they 4. PER?l3>p$? have prior to the execution of this Agreement discussed the. divi::ton of marital personal proper y, ng, but without limitation. jewelry, clothes, furniture and other personalty and hereafter including, inchtdi and martial prop \Yife aeree that Wifeshall be entitled to remove from the Ilusbilid at 15 vania I Iannnond Road. Walnut Bottom_ south Newton Township, Pennsyl, arty and all items which are antiques or family items which have been given to tier or have come from tier family into the martial home. as well as any and all items which she brought into the marriage as her l properly and which are hers by purchase or gift during the marriage. itushnnd and persona Wife further agree that all other personal propctty and household fiunishings located at the shall be considered to be that of llusbaod. Each of the parties does hereby marital home may specifically waive, release. (cuounce forever abandon whatever claims, if any, and bove items which plc the sole and separate progeny of the other. have with respect to any of the a S: Wife shall be the sole equitable and title owner of the certain 1994 g VF'ISLE rxud Am vehicle wide,, is catncntly titled in joint names. Wife shall likenisc continue to be [tic G sole and separate owner of a 1991 Ch scold Cavalier automobile. if usband shall bottle sole equitable and tide owner of the 1997 Dodge Dakota pickup truck and the n19%t) jeep ecessary Cherokee. flustrand and Rife do agree that they shall execute all d, if any, necesssary ary to transfer ocuments forth in title and registration to the various vehicles to accomplish the separate ownership as set 3 r.C15 L1nc-07-9`-3 t-nr band agrees that he shall save and hold hartil Wife From and on accoun this ::uy paragraph, payments 1111's 1111 n Dauphin Deposit k3ank and'llust Company loan secured by ,l(lC to tile 1997 of odge Dakota. pickup ttuek, and W ife shall execute a fowct-of-Attorney for tre`c tlufhet D shall refinance ofthc loan. Husband ag said vehicle It) ifushand upon payment or s he car insurance on the 1991 Chevrolet Cavalier even though it i title in Fife's n n during, continue to pay t long e this vehicle is used by a child of the parties as primary transportatio ame for to such child's pursuit of higher education ?1 F51?? Ifushand and Wife me decd title owners of the read estate and improvemunts thereon known and numbered as 15 lfammond South to Ni 3anll oN A., and a Cunlherlarld County, Pennsylvania which encu rip combine do approximate approximate balance of Fit<y-six home equity loan through PNC (lank, N A., h t.t ment of the patties that Wife shall Thousand and 001100 (556,000 00) Dollars. It is the agr vansfcr all of her right, title and interest in and to said propctty to Husband provided that Efusband shall refinance the muttgage and home equity loan at PNC Bank, N.A., to be his sole liability. All real estate rases and expenses of settlement shalt be and separate responsibility and those of flusband. Husband shall pay all utilities and services to the marital Property due and owing and accruing after April 05, 1999- 7. ifusband and Wife acknowledge that husband has life insurance benefits through his Husband agrees that he shall name and maintain all empinyrncnt at Champion Road Machinery. of the parties childtcn as sole beneficic kq of ally d nt a daitarranlife insurance ts that the amoont benefits life i asurance held through his employment. lfusband rc{ by is equal to his annual s alary, in the case him on his life at the time of signing of this agteetncnt of natural death or twice his amoral tile lives of the parii s children) is the amount of $5,000.00 Per salary in the case and will maintau' life insurance on th child. Ile shall provide proof of such beneficiary stalls to Wife upon request Gem time to time- child. P . 06 occ-07-99 l r_ :47P Wife agrees that she shall likesvisc maintain the parties children as soh: beneficiaries of any fife insurance she currently holds. g. CA JFJER -AND MT E'j( , flnsband and Wife. acknowledge that there is a ools, equipment and thmishings located at Raystown , as well a associated t camper and boat Campground, Newburg, peunsylvania. 'I he host and camper are currently registered in husband's name only. Husband and Wife agree that these items shall be the sole and separate property of Husband, free and clear of any claims by Wife. i_CAf7-DN flnsband and Wife fbrther agree that ,? LQ?ZQ?Hjt tF ; ED. husband shall be solely and separately liable for payment of the costs of higher education, including tuition, room and board, and all other costs associated with attendance at any institution of higher Icarningfor the parties'' youngest two children. The choice of such institution shall be that of the parties child who will be attending such institution or enrolled in such course of education. It is the understanding and agreement of the parties that if their daughter (telly desires to continue and complete her education at Heidelberg College she will be permitted to do so. Such costs of higher education shall include all costs of any institution or program of higher education leading to a bachelors degree or equivalent at any time that such request is made by either of these children. Such 23reemLot to pay the costs of undergraduate education shall be ongoing and continuing and shalt c?:tend from this day fotwatd until an undergraduate degree is named by either child. It is understood and agreed by the parties that this obligation shall he a contractual term of this Agreement and is not dependent upon the status of the pennsylvania law concerning child support or education. And further, the parties agree that Ffusband shall be solely liable for the costs of support ; maintenance, and well-being, including all medical expenses, of the parties' youngest child from the date of this Agreement until she shall attend an institution of higher learning as set forth above 11nc-07-6g 17.488 P. 07 !t}. 1YeU E D -RET1M.1ENLCLuhlS. tlushand and Wife acknowledge that husband is employed at Champion Road Machinery, Pro-Pav division, and was previously employed at Ingcrsol-Rand, Inc. where fie has accumulated certain retirement benefits. Each of the parties does specifically waive, release, renounce, and forever abandon all oCtlicir right, title, and interest or claim, whatever it miry be, in any pension, retirement, profit sharing plan or other plan of such a nature of the other party, whether acquired through said other party's employment or otherwise, and hereafter said pension, retirement, profit sharing plan or other plan of such a nature shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Therefore, Wire acknowledges that she has waived any and all claims to retirement fends, pension and profit sharing plans accumulated by flusband through his employment at Champion Road Machinery, Pro-Pav division and Ingersol-Rand, Inc. Provided, however, that Ifusband shall at all times maintain the panics children as beneficiaries of any and all such retirement funds, pension and profit-sharing phurs to which he might otherwise be entitled to name beneficiaries. Husband acknowledges that he did borrow the suns ofSI 1,000.00 from his 401(k) plan for investment in corporate shires and that such shares together with appreciated value thereof shall be maintained for the benefit of the parties' children and that such shares or succeeding investment stall, if sold or liquidated, be set aside and invested for the benefit of the panics' children. Ifusband likewise waives any rights to any accounts held by Wife, although Husband is not aware of any such accounts held by Wire., other than a Legg-Mason account. t L Husband mid Wife do hereby covenant and warrant that this Agreement contains all Of the representations, promises arid agreements made by either of them to the other for the purposes set forth in the preamble; that there arc no claims, promises or re-presentations 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 [tie parties; and tho waiver of any Tenn, condition, clause or provision of this Agreement stall in no way be deemed to be coisidcral a waiver of any crier One-07-9rJ 12c4EiP P. 12. This Agretmtcnt shall remain in full bunco and etl' ct unless and until terminated under and pursuant to the terms orthis Agreement. The lailurc of either party to insist upon 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. 13. If any term, condition, clause or provision of this Agreement shall be determined or declined to be void or invalid or otherwise, then only that term, condition, clause or provision shall be valid and continue in full force, effect and o{r_ration. Likewise, the failure of any party to meet tier or his obligations under any one or more of the paragraphs, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 14. This Agreement shalt be construed in accordance with the laws of the Commonwealth of Pennsylvania. 15. If either party breaches any provision of this Agreement, the other party shall have the tight, at his or tier election, to suc in law or in equity, to enforce such rights and remedies which the party may have, and the party breaching this Agrcancnt shall tic responsible for the reasonable legal fees and costs incurred by the other it) enforcing his or her rights under this Agreement. 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. - =}M IIfVF_SS WEIEItEpF the par, year (irn above wriaen. This ?S hereto have set their hands and seals the reernem day and Ffusby7r? is cYCCUtrd in duplicate and 'Vifc, as panics hereto, . clt,l • `r'd in counterparts, and e_> nn rr! a the reccipt )fa duly decutcd ?r b C hereof. LVitne \ !V t: C. EEOCKEEtSbit'i'tl 8 ll?? it r ; - :n LLL_i cr. :: == CD U ?J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John P. Hockersmith, Civil Action - Law Plaintiff VS. Number 99-6993 Civil Term Roxanne C. Hockersmith, Defendant In Divorce NOTICE TO PLEAD To: Roxanne C. Hockersmith You are hereby notified to file a written response to the enclosed Preliminary objections within twenty (20) days from the service hereof or a judgment may be entered against you. KULLA & ASSOCIATES, P.C. Ste n ulla, Esquire Attorney for Plaintiff Attorney I.D. No.: 59003 9 East Main Street Waynesboro, PA 17268 717-762-3374 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John P. Hockersmith, Plaintiff VS. Roxanne C. Hockersmith, Defendant Civil Action - Law Number 99-6993 Civil Term In Divorce PRELIMINARY OBJECTION IN THE NATURE OF A PETITION RAISING A QUESTION OF SUBJECT MATTER JURISDICTION NOW COMES John P. Hockersmith, by and through his attorney, Stephen D. Kulla, Esquire and sets forth the following for his Preliminary Objections. 1. On or about February 17, 2000, Roxanne C. Hockersmith, via her attorney, David P. Perkins, Esquire, filed an Answer and counterclaim to the Divorce Complaint. The original Divorce Complaint was filed by John P. Hockersmith. 2. The Counterclaim, referenced in paragraph 1 supra, reputedly makes a claim for distribution of marital property. 3. John P. Hockersmith alleges that the parties to this matter signed a binding Property and Separation Agreement. Due to the fact that this Agreement was entered, this Court lacks jurisdiction over any issue of equitable distribution of property. WHEREFORE, it is requested that this Honorable Court dismiss Defendant, Roxanne C. Hockersmith's Counterclaim for equitable distribution. Respectfully submitted, C Q 0,(2 Stephen D. Ku a, Esquire Attorney for Plaintiff VERIFICATION I verify that the statements made in these Preliminary objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. f _J C.S. § 4904, relating to unsworn falsifi authorities. v QC? Date: `Z a S - ) C Stephen D. Kulla, Esquire [Jac-07-99 12:46P P.02 ,THIS AGREEMENT JOHN hereinafter called Townhip, Cumberland MADE AND ENTERED 147'0 this (/ ' day of A, i S _, 1999, by and between Cum erland County, Pennsylvania, P. NOCKERSMlTH, of South Newton Township, "Husband", and ROXANNF C. HOCKERSMI'I'F1, ofSouth Newton County, Pennsylvania, hereinafter called "Wife", WHEREAS, Husband and Wife were lawfully joined in marriage on October 27,1973; WHEREAS, the parties hereto desire to enter into a stipulation and agreement for equitable distribution of the marital property owned either jointly as tenants by the entireties or individually in their own right but including all property which would fall within the definition of marital property pursuant to the Divorce Code, Section 401(e). NOW, THEREFORE, WITNESSETH, that for and in consideration of the premises, mutual covenants and promises hereinafter made, and intending to be legally bound hereby, Husband and Wife do hereby contract and agree as follows: 1. gEpgESyNTATIONBY : Husband and Wife declare that each has had a frill and fair opportunity to obtain independent legal advice of his or her selection; that both of them have consulted with Sally I Winder, Esquire, who has discussed the terms of this Agreement. representing that she is acting as scrivener of an Agreement which has been negotiated by the parties prior to the time of the writing of this Agreement. 00c-07-99 12:47P P.03 2. SEPARATION: 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 he or she were unmarried. Each may reside at such place or places as he or she 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 pan 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, disturb, or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3. bHJMAI. FgTATE AIVFR: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other of the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all tights, titles and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the ouate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy or widows or widower's rights, family exemption or similar allowance, or under the intestate laws, or the tight to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, Commonwealth or territory in the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have or 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 i Dec-07-99 12:47P P.04 this agreement or for the breach of any thereof. it is the intention of Husband and Wife to give to each other by the execution of the 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, subject, however to the implementation and satisfaction of the conditions precedent as set forth herein above. 4, EERSO.NAf PROPERTY: Husband and Wife do hereby acknowledge that they have prior to the execution of this Agreement discussed the division of marital personal property, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband and Wife agree that Wife shall be entitled to remove from the martial property at 15 Hammond Road, Walnut Bottom, South Newton Township, Pennsylvania, any and all items which are antiques or family items which have been given to her or have come from her family into the marital home, as well as any and all items which she brought into the marriage as her personal property and which are hers by purchase or gift during the marriage. Husband and Wife further agree that all other personal property and household furnishings located at the marital home shall be considered to be that of Husband. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above items which are the sole and separate property of the other. 5, yEHiCLES.. Wife shall be the sole equitable and title owner of the certain 1994 Grand Am vehicle which is currently titled in joint names. Wire shall likewise continue to be the sole and separate owner of a 1991 Chevrolet Cavalier automobile. Husband shall be the sole equitable and title owner of the 1997 Dodge Dakota pickup truck and the 1989 Jeep Cherokee. Husband and Wife do agree that they shall execute all documents, if any, necessary to transfer title and registration to the various vehicles to accomplish the separate ownership as set forth in ne.-_n7_c3y 12:47P P. Os this paragraph. Husband agrees that he shall save and hold harmless Wife from and on account of any payments on a Dauphin Deposit Bank and Trust Company loan secured by title to the 1997 Dodge Dakota pickup truck, and Wife shall execute a Power-of-Attomey for transfer of title on said vehicle to Husband upon payment or refinance of the loan. Husband agrees that he shall continue to pay the car insurance on the 1991 Chevrolet Cavalier even though it is title in Wife's name for so long as this vehicle is used by a child of the patties as primary transportation during such child's pursuit of higher education. 6. REAL ESTATE.. Husband and Wife are deed title owners of the real estate and improvements thereon known and numbered as 15 Hammond Road, South Newton Township, Cumberland County, Pennsylvania which is encumbered by a mortgage to PNC Bank, N.A., and a home equity loan through PNC Bank, N.A., having a combined approximate balance of Fifty-six Thousand and 00/100 ($56,000.00) Dollars. It is the agreement of the parties that Wife shall transfer all of her right, title and interest in and to said property to Husband provided that husband shall refinance the mortgage and home equity loan at PNC Bank, N.A., to be his sole and separate responsibility and liability. All real estate taxes and expenses of settlement shall be those of Husband. Husband shall pay all utilities and services to the marital property due and owing and accruing after April 05, 1999. 7. Husband and Wife acknowledge that Husband has life insurance benefits through his employment at Champion Road Machinery. Husband agrees that he shall name and maintain all of the parties children as sole beneficiaries of any and all life insurance benefits available to him through his employment. Husband represents and warrants that the amount of life insurance held by him on his life at the time of signing of this agreement is equal to his annual salary, in the case of natural death or twice his annual salary in the case of accidental death, and that he maintains and will maintain life insurance on the lives of the parties' children in the amount of $5,000.00 per child. He shall provide proof of such beneficiary status to Wife upon request from time to time. 4 0nc-07-99 12:47P P-06 Wife agrees that she shall likewise maintain the parties' children as sole beneficiaries of any fife insurance she currently holds. 8. fAMPFJ& AND BOAT FTC Husband and Wife acknowledge that there is a camper and boat, as well as associated tools, equipment and furnishings located at Raystown Campground, Newburg, Pennsylvania. The boat and camper are currently registered in Husband's name only. Husband and Wife agree that these items shall be the sole and separate property of Husband, free and clear of any claims by Wife. 9. COST OF HIGHER EDUCATION Husband and Wife further agree that Husband shall be solely and separately Gable for payment of the costs of higher education, including tuition, room and board, and all other costs associated with attendance at any institution of higher learning for the parties' youngest two children. The choice of such institution shall be that of the parties' child who will be attending such institution or enrolled in such course of education. It is the understanding and agreement of the parties that if their daughter Kelly desires to continue and complete her education at Heidelberg College she will be permitted to do so. Such costs of higher education shall include all costs of any institution or program of higher education leading to a bachelors degree or equivalent at any time that such request is made by either of these children. Such agreement to pay the costs of undergraduate education shall be ongoing and continuing and shall extend from this day forward until an undergraduate degree is earned by either child. it is understood and agreed by the parties that this obligation shall be a contractual term of this Agreement and is not dependent upon the status of the Pennsylvania law concerning child support or education. And further, the parties agree that Husband shall be solely liable for the costs of support, maintenance, and well-being, including all medical expenses, of the parties' youngest child from the date of this Agreement until she shall attend an institution of higher learning as set forth above. F__ - Dec-07-99 12:48P _ P.07 10, WAIVFR OF RFTTRF.MENT CLAIMS. Husband and Wife acknowledge that Husband is employed at Champion Road Machinery, Pro-Pav division, and was previously employed at Tngersol-Rand, Inc., where he has accumulated certain retirement benefits. Each of the parties does specifically waive, release, renounce, and forever abandon all of their right, title, and interest or claim, whatever it may be, in any pension, retirement, profit sharing plan or other plan of such a nature of the other party, whether acquired through said other party's employment or otherwise, and hereafter said pension, retirement, profit sharing plan or other plan of such a nature shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Therefore, Wife acknowledges that she has waived any and all claims to retirement funds, pension and profit sharing plans accumulated by Husband through his employment at Champion Road Machinery, Pro-Pav division and Ingersol-Rand, inc. Provided, however, that Husband shall at all times maintain the parties' children as beneficiaries of any and all such retirement funds, pension and profit-sharing plans to which he might otherwise be entitled to name beneficiaries. Husband acknowledges that he did borrow the sum of $I 1,000.00 from his 401(k) plan for investment in corporate shares and that such shares together with appreciated value thereof shall be maintained for the benefit of the parties' children and that such shares or succeeding investment shall, if sold or liquidated, be set aside and invested for the benefit of the parties' children. ifusband likewise waives any rights to any accounts held by Wife, although Husband is not aware of any such accounts held by Wife, other than a Legg-Mason account. 11. 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; that there are no claims, promises or re-presentations 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; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other r.,. . ' Dec-07-99 12:48P P. OR 12. 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 any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid or otherwise, then only that term, condition, clause or provision shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 14. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 15. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue in law or in equity, to enforce such rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 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. .a? P.09 ;REOF, the parties hereto have set their hands and seals the day and Agreement is executed in duplicate and in counterparts, and :s hereto, acknowledge the receipt of a duly executed c9py hereof. J ( JoBlet _ Rnc RRSMiTN c (1 oc ,t;, S C. HOCKERSMCrII IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. HOCKERSMITH, Plaintiff, CIVIL ACTION - LAW VS. NO. 99-6993 CIVIL TERM ROXANNE C. HOCKERSMITH, Defendant. IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PRELIMINARY OR JEC7 DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE CONTAINING EQUITABLE DISTRIBUTION Defendant, Roxanne C. Hockersmith, by and through her attorneys, WEIGLE, PERKINS & ASSOCIATES and David P. Perkins, Esquire, makes the following answer to Plaintiffs Preliminary Objections raising lack of jurisdiction: I. This Honorable Court has original jurisdiction and retains jurisdiction over equitable distribution of property in connection with this divorce proceeding pursuant to 23 Pa. C.S.A. Section 3104 (a) (1). 2. Defendant disputes the validity of any alleged property and separation settlement agreement. The document purported to constitute an agreement was entered into based upon misrepresentations without a full or complete disclosure of assets and without Defendant having had the benefit of legal counsel. If this agreement is to be raised as defense by plaintiff it is a matter within the jurisdiction of this court. 3. The matters alleged are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure, and the same are therefore denied. Plaintiff has failed to allege any facts establishing that this Court lacks subject matter jurisdiction over this action. By way of further answer, Plaintiff has failed to set forth a basis for preliminary objection, and his preliminary objection should be stricken for failure to conform to law or rule of court. WHEREFORE, Defendant requests that Plaintiff's preliminary objections be overruled. David P. Perkins, Esquire Attorney for Defendant Attorney I.D. #34342 126 East King Street Shippensburg, PA 17257 II MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET I 1 •` - SMIPPENSDURG, PA 17257.1397 ?RIII?III?IIIRI PI?1AI?lwe - VERIFICATION I verify that the statements made in the foregoing Answer to Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. 9.!?J C.- C?,? - Dated: March 22, 2000 David P. Perkins, Esquire MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SRIPPENSOURG. PA 172571397 u W o O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John P. Hockersmith, Civil Action - Law Plaintiff Vs. Number 99-6993 Civil Term Roxanne C. Hockersmith, Defendant In Divorce ORDER OF COURT NOW THIS 1:7 day of /j7! 2000, upon consideration of the attached Motion it is hereby ordered that the hearing scheduled for May 17, 2000 at 1:30 p.m. is hereby continued generally. By the Court, J. R Kg ='i??s:rc PI YI i M FYf F? ?1?®' _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John P. Hockersmith, Civil Action - Law Plaintiff VS. Number 99-6993 Civil Term Roxanne C. Hockersmith, Defendant In Divorce MOTION TO DISCONTINUE HEARING NOW COMES John P. Hockersmith, by and through his attorney, Stephen D. Kulla, and sets forth the following. 1. A contempt hearing in this matter is scheduled for May 17, 2000 at 1:30 p.m. 2. The parties to this matter contemplate a resolution to all issues raised in this matter. 3. The hearing scheduled for May 17, 2000 at 1:30 p.m. may no longer be necessary and, therefore, a general continuance is requested. 4. David P. Perkins, Esquire, counsel for Roxanne Hockersmith, concurs with this Motion. WHEREFORE, it is requested that this Court enter the attached order. VERIFICATION I verify that the statements made in this Motion 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. I? Date: 5-h Stephen D. Kull-g-, Esqu Attorney for Plaintiff Attorney for Plaintiff