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HomeMy WebLinkAbout04-0308 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DEBRA A. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.C>4 - .36P CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. JAMES W. HERSHEY, Defendant 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 by the court. A judgment may also be entered against you for any other claim or relief requested in these pages 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ()LI ~ 30? CIVIL TERM DEBRA A. HERSHEY, v. CIVIL ACTION - LAW JAMES W. HERSHEY, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Debra A. Hershey, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, James W. Hershey: 1. The Plaintiff is Debra A. Hershey, an adult individual, residing at 4809 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff's Social Security Number is 210-44- 7267. 2. The Defendal'1t is James W. Hershey, an adult individual, residing at 27 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant's Social Security Number is 210-40- 4102. 3. The Plaintiff and Defendant were married on February 24, 1989, in Mechanicsburg, Cumberland County, Pennsylvania, and separated on or about January 14, 2004. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at ieast six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) or 3301 (d) of the Divorce Code. COUNT 11- EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT III. ALIMONY/ALIMONY PENDENTE LITE 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. The Plaintiff has insufficient income and assets to provide for her needs. 12. The Plaintiff had an approximate annual gross income of $34,000.00 from her 2003 employment at Footlocker. 13. The Defendant reported an approximate annual gross income of $62,000.00 on his Federal income tax return for 2002. 14. Plaintiff is unable to sustain herself during the course of litigation. 15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through her current employment. 16. Plaintiff requires reasonable support to adequateiy maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, the Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor, pursuant to Sections 3701 and 3702 of the Divorce Code. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 17. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 16 inclusive, of the Complaint as if the same were set forth herein at length. 18. The Plaintiff has retained an attorney to represent her in this action and has agreed to pay a reasonable fee. 19. The Plaintiff is not financially able to meet the expenses and costs involved in connection with this action, or the fees to which her attorney will be entitled in this case. 20. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that after finai hearing, the Court order the Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter an award of counsel fees, costs and expenses as are deemed reasonable and appropriate. :221050 VERIFICA TION I, Debra A. Hershey, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made sUbject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities. Date: J );"1 )0'1 ~~Al U-J... Debra A. He~y Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 30] Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (7] 7) 76]-4540 Attorneys for Plaintiff DEBRA A. HERSHEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. ~-3og CIVIL TERM v. CIVIL ACTION - LAW JAMES W. HERSHEY, IN DIVORCE Defendant AFFIDA vIr DEBRA A. HERSHEY, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. 94904, relating to unsworn falsification to authorities. Date: } J~/ Jo't ~j).~ Debra A. ~rshey p ~ ~( Jl:.. ~ ~ ~ ~ ~ \)' ...a __. C>(), ~ :t B tJ ~, "Q cS I Q/v ~ f- ~ ~ ~ t k l~ ~ (:) ,d;- r-. .~ ;:g -...- rn L..J DEBRA A. HERSHEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-308 CIVIL TERM JAMES W. HERSHEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for James W. Hershey, Defendant in the above-captioned matter. Date: January 28, 2004 U~4~ Max J. Smith, Jr., Esquire J.D. No. 32114 Jarad W. Handelman, Esquire J.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ." ! '- if Q ! !:fi. ~.. \G . ~ '"V . . ::J: . g ~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel GJ;eevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-308 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEBRA A. HERSHEY, v. JAMES W. HERSHEY, Defendant RETURN OF SERVICE The undersigned makes the following retum of service: The Complaint in Divorce was mailed to the Defendant, James W. Hershey, on January 26,2004 at 27 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055: X A copy of the signed return receipt indicating service was completed on January 27, 2004 is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the retum address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !l 4904 relating to unswom falsification to authorities. Date: /sO/OL I / :221050-8 u.s. postal ServIce CERTIFIED MAIL RECEIPT (DomestIc Mati Only No Inswance Coverage ProvIded) Return Recelpt Fee :r (Endortlement Required) t:1 t:1 t:1 postage $ l"- N I"- r'l I"- <V ::r ::r CertifIed Fee Restricted Del\very Fee (Endortlement Required) Total postage & Fees $ t:1 ::r II'" .ntTo.....,- . W f-IL ; ~:~"J':i:~1!.j~i"E~T'~;1'~f;-"''''--'''----''''''''''' t:1 --.....----...-......--........."--..--....:~......-..................-..............--..-..-- 1"- City, State, ZIP+ 4 hi.. l:.C it. t '-'0 :11 . 1. Mm. .. ~1 ~.Fioam , , '.. ~ ~ 1- ~ Ii i .'!. \ . ; , ,:RIoeIpt .l\;ill.l! j(l i. i iiil ,\ 11 TOe...' -~"~-------_..-~---~" '~ ( , I ..... ~ ) n = c: => .s:- :r-" ~..... ..., ;:gl'n fT1 nl- fT' ro "OF,; Z:-;-+_' Z~ I :;p? (".' N <:k' .~ r::' , ;c ~2 -;J :.~ -,-, :~~r!~ -< .,.i-<" ~ w ~ N ( ( I I DEBRA A. HERSHEY, PlaintitllPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION. DIVORCE JAMES W. HERSHEY, DefendantIRespondent NO. 2004-308 'CIVIL TERM IN DIVORCE Pacses# 705106342 ORDER OF COURT AND NOW, this II" day of May, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties aad their respective counsel appear before R.J. Shaddav on June 16, 2004 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11<0 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to 'you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 5.11-04 to: Petitioner < Respondent Melissa Greevy, Esquire t1 /Jr J Max Smith, Esquire 1 ./1.... Date of Order: Mav 1 L 2004 ~ ; ., ,~""' Com'::::': ( YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 0 ....... = 0 c = 'Tl ~ ...,.. :ncn :x X:n :Po> m ~~~ -<; r- -om c/- :09 ." o. ~ -0 :;:J~ .t--, ......., :!.,! ~i1 =~ 2~ Ct;' (:')' Z -I =2 .,... ?B N -< .= nn,eci In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBRA A. HERSHEY ) Docket Number 04-308 CIVIL Plaintiff ) vs. ) PACSES Case Number 705106342 JAMES W. HERSHEY ) Defendant ) Other St21te ID Number ORDER AND NOW, to wit on this 16TH DAY OF JUNE, 2004 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or G9 Other ALIMONY PENDENTE LITE filed on APRIL 21, 2004 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF HAVING THE FINANCIAL RESOURCES TO PURSUE OR DEFEND THE DIVORCE ACTION THAT WAS INITIATED BY HER ON JANUARY 23, 2004. o . !he Complaint or Petition may be reinstated upon written application of the plaintiff petltloner. DRO: xc: RJ Shadday plaintiff BY THE ~ :i~~~~~reeVY, ,Esquire (Y-1 ~~ Max Smith, Esqu:Lre __ ~ \(()..~~ ~gar B. Bayley GE 10 -17- r)V Form OE-506 Worker ID 21005 Service Type M o c: :c T!f~ P"". j~:J 1"".-1 (f) ~i~ ~.~'i -<; :.::.. r:: -2 n f).e-c"f ....., = = .... <- c:: z: o " :r ill;::: -0 r:D :O']? ~~~) -T' ;, ;-~}~5 F'....rn :.:~ ~,., ... -l v ~. ~.., I~ .< DEBRA A. HERSHEY, Plaintifl7Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION.. DIVORCE JAMES W. HERSHEY, DefendantIRespondent NO. 2004- 308 CIVIL TERM IN DIVORCE Pacses# 705106342 DEMAND FOR HEARING DATE OF ORDER: June 17,2004 AMOUNT: N/A FOR: Alimony Pendente Lite REASON(S): Conference Officer failed to require Defendant: to pay any APL including the cost of either party's health insurance coverage. Conference Officer incorrectly dismissed Petition citing Plaintiff's advancement in equitable d~st:n.but~on as the resources ~rursue .divorce. PARTY FILING DEMAND FORHEARlNG: ~Jiu<-lz..~' ~~ fE~~ (, ~ 4' t ~ t t ~ " "\ ~ 't o N~ :j , c;~) C./l co "" ""' L"':::) '"-- o '" :1! ni:!] r- ~(')rn ;~~ ~'\~' ..;..... -< "- !fi f\.) Cn ~-.' DEBRA A. HERSHEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-308 CIVIL TERM JAMES W. HERSHEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW COMES the Defendant, JAMES W. HERSHEY, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant's social security number is correct as stated. It is denied that Defendant resides at 27 Emlyn Lane, Mechanicsburg. Defendant resides at 641 Mallard Drive, Etters, PA 17319. 3.-7. Admitted COUNT II - EOUIT ABLE DISTRIBUTION 8. Neither admitted nor denied, as no response is m:cessary. 9. Admitted. COUNT III - ALIMONY/ALIMONY PENDENTE LITE 10. Neither admitted nor denied, as no response is necessary. 11. Denied. Plaintiff is gainfully employed and has sufficient assets and therefore able to provide for her needs. 12.-13. Admitted. 14. Denied. Plaintiff has sufficient property and is gainfully employed and therefore able to sustain herself during the course of litigation. 15. Denied. Plaintiff has sufficient property provide for her reasonable needs and able to sustain herself through her current employment. 16. Denied. Plaintiff has sufficient property to provide for her reasonable needs and is gainfully employed and therefore able to adequately maintain herself in line with the standard ofliving that was established during the marriage. COUNT IV - COUNSEL FEES. COSTS AND EXPENSES 17. Neither admitted nor denied, as no response is necessary. 18. Admitted in part and denied in part. It is admitted that Plaintiff has retained an attorney, but is denied that she has agreed to pay her attorney a reasonable fee, as Defendant is without knowledge as to the truth ofthis averment, and strict proof thereof is demanded. 19. Denied. Plaintiff is gainfully employed and has sufficient income to pay the legal expenses and costs involved in this action and to pay her counsel fees. 20. Denied. Plaintiff is gainfully employed and has sufficient income to pay the legal expenses and costs involved in this action and to pay her counsel fees. WHEREFORE, Defendant prays this Honorable Court to: (a) grant a divorce pursuant to Section 3301(c) ofthe Pennsylvania Divorce Code; (b) equitably divide the marital property remaining between the parties, at such time is appropriate; (c) deny Plaintiff's request for alimony and alimony pendente lite; (d) deny Plaintiff's request for counsel fees, costs and expenses; (e) deny any and all other relief which has been requested by Plaintiff; and (f) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: June 2.'; ,2004 @i.:1Pt MAX J. SMITH, JR. J.D. No. 32114 JARAD W. HANDELMAN, Esquire J.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 I veriry that the statements made in this Answer 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. ~G1io~ . JjES W. HERSHEY DEBRA A. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANI) COUNTY, PENNSYLVANIA vs. : NO. 04-308 CIVIL TERM JAMES W. HERSHEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE / AND NOW, this ~ day of June, 2004, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certiry that I have this day sent a copy of Defendant's Answer to Complaint in Divorce by depositing a certified copy ofthe sam,: in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Johnson, Duffie, Stewart & Weidner Attn: Melissa Peel Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 J)fi sqUire )- o ,.." c:...? C:':~ ....- <- c:: -::: 1''' U1 o -n ..... -r fil ::0 ,- -om -..,0 (-',~ 1- ::;J~!. i~::~,~ -D r....) (,'"'"\ \.::.> ~".;.J ..-{:. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBRA A. HERSHEY ) Docket Number 04-308 CIVIL Plaintiff ) vs. ) PACSES Case Number 705106342 JAMES W. HERSHEY ) Defendant ) Other State ID Number ORDER OF COURT You, JAMES W. HERSHEY plaintiff/defendant of 641 MALLARD DR, ETTERS, PA. 17319-8838-41 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, 011 the JULY 28, 2004 at 1: 30PM for a hearing. You are further required to bring to the hearing: I. a true copy of your most recent Federal Income Tax Return, including W -2s, as filed, 2. your pay stubs for the precediog six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relatiog to professional licenses 6. other: Service Type M Form CM-509 Worker ID 213 02 HERSHEY v. HERSHEY PACSES Case Number: 705106342 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity, The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated thf: support action. Date of Order: /.;':. 30- 0 ~ BY THE COURT: Q-/d~~ . JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGmLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of2 Form CM-509 Worker ID 21302 C) ,...~ 0 c> C~ c..:.:;r '-I x- L- --1 :r::-n r.~.'" rl1 i;;"':~ - (-,-1 C,) :-~ J C? C) ~- ) () :3 -T, -0 '~-.:.Z l' -"~. (') , , ~-.') rn ~;~ 1') -=..1 :2 en ~..::; ~ -< ", .:;.~ n n. e. ~""'i In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBRA A. HERSHEY ) Docket Number 04-308 CIVIL Plaintiff ) vs. ) PACSES Case Number 705106342 JAMES W. HERSHEY ) Defendant ) Other State ID Number ORDER OF COURT You, DEBRA A. HERSHEY plaintiff/defendant of 4809 CHARLES RD, MECHANICSBURG, PA. 17050-3035-09 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JULY 28, 2004 at 1: 30PM for a hearing. You are further required to bring to the hearing: I. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 HERSHEY V. HERSHEY PACSES Case Number: 705106342 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: {,- ~()~~'-\ BY THE COURT: ~'1~ , JUDGE YOU HAVE TIlE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIDS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND co BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of2 Form CM-509 Worker lD 21302 Service Type M -....' ~':.: .,." ~'!'l, ~;-"!, -( C" ,.-., -. r..., <:-::-.:. c.-:::;:, .<=- c. c.::; (,,) <::> C) -'fJ :::! mZ] ""t1f-n ::::;\.;; /~3~ ::,C~):;,~ "., DEBRA A. HERSHEY, Plaintifti'Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE JAMES W, HERSHEY, Defendant/Respondent NO. 2004- 308 CIVIL TERM IN DIVORCE Pacses# 705106342 DEMAND FOR HEARING DATE OF ORDER: June 17,2004 AMOUNT: N/A FOR: Alimony Pendente Lite REASON(S): Conference Officer failed to require Defendant: to pay any APL including the cost of either party's health insurance coverage. Conference Officer incorrectly dismissed Petition citing Plaintiff's advancement in equitable l.stn. utl.on as e resources ~J"1r~ ~e. PARTY FILING DEMAND FOR HEARING: ~n~J Signarure ~~~r /I,:J/__ ( 4 t Gt:.. t t 1 ~ . "\ ..... ~ C' :~~ ", C::.;.J c.:> 0 ...;..- ,-, <- s::; :r.!_ -.:- n"I_O i'..~ ,- (.J ::-('Jm 1 .,r;? :~~ i0 ~1 :,)nl .:;,., U'J )~; CO 2Z Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DEBRA A. HERSHEY, Plaintiff v. JAMES W. HERSHEY, Defendant TO THE PROTHONOTARY: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-308 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE f.RAECIPE Please withdraw the count for alimony pendente lite filed by Plaintiff in the above captioned matter, without prejudice. Date: August 9, 2004 :233568 JOH~)N, D FFIE, STEWART & WEIDNER CERTIFICA TE OF SERVICE AND NO~ this C/t!:Jvday of August, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Max J. Smith, Jr., Esquire James, Smith, Dietterick & CClnnelly P.O. Box 650 Hershey, PA 17033 0 ...., () (,."':~) c: c:'::') -1"1 ...- :<:" :!".r. c: GO') c::> ..' ::N,:: C::) .~::1 C) -< \.0 DEBRA A. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-308 JAMES W. HERSHEY, Defendant CIVIL ACTION - LAW IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT, JAMES W. H:ERSHEY I, ASSETS A, MARITAL ASSETS ASSET VALUE DATE OF NON- LIEN VALUATION MARITAL PORTION , Marital $280,000.00 Present No No Residence - Proceeds of ($50,000.00 Sale already distributed to Husband; $140,000.00 already distributed to Wife) Way point $316.66 11/5/03 No No Stock Member's 1st $1,014.90 12/31/03 No No Savings Account Member's 1st $280.50 12/31/03 No No Checking Account 1 A, MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF NON- LIEN VALUATION MARITAL PORTION M&T Savings $10,583.83 2/04 No No Account M&T $500.06 12/31/03 No No Checking Linsco Private $45,441.33 1/31/04 No No Ledger Investment Account Linsco Private $37,074.91 1/31/04 No No Ledger SEPIIRA Account Linsco IRA $3,617.30 12/31/03 No No Account Ahold Stock $1,797.60 Present No No Oppenheimer $17,693.69 12/31/03 No No 401-k Quick & Reilly $23,490.65 12/31/01 No No Stock Way point $143.00 12/31/03 No No Stock 2 A. MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF NON- LIEN VALUATION MARITAL PORTION Lincoln IRA $2,597.74 12/31103 No No Woolworth $3,152.72 12/31188 No No Retirement Plan Foot Locker $10,019.00 Present Yes No Retirement Plan U.S. Navy $28,378.21 Present Yes No Pension B, NON-MARITAL ASSETS ASSET VALUE DATE OF LIEN VALUATION Bethlehem Steel TBD TBD No Pension Plan Portion of u.s. $75,419.20 Present No Navy Pension Pan Portion of Foot $6,789.85 Pr,~sent No Locker Retirement Plan 3 B, NON-MARITAL ASSETS ASSET VALUE DATE OF LIEN VALUATION Pre-Marital TBD (Husband DOM No Portion of all consolidated pre- investments and marital investments retirement funds and savings into existing investments and mutual funds in or about 1999) II. EXPERT WITNESSES None. The parties have agreed to submit the actuarial reports of Pension Appraisers, Inc. and Harry Leister for the Master' sconsideration without the need for the appearance of either Mr. Long of Pensions Appraisers, Inc. or Mr. Leister. III. LIST OF WITNESSES Defendant will offer his own testimony, as well as Plaintiff's testimony on cross- examination. In addition, Defendant will offer the Gross-examination of any witness called by Plaintiff. Defendant reserves the right to supplement this response prior to the Master's Hearing, and/or to call rebuttal witnesses in response to testimony and witnesses offered by Plaintiff at trial. IV. LIST OF EXHIBITS 1. Defendant will introduce documentation ofthe sale ofthe marital residence, the escrowed proceeds of the sal<:, and evidence of all distribution from the proceeds to Plaintiff and Defendant. 2. Defendant will introduce statements of all investments, mutual funds, pensions, deferred compensation, and IRA a,~counts listed in Section I hereof. 3. Defendant will introduce wage statements, tax returns, his Income and Expense Statement, and like documents to substantiate his income. 4 4. Defendant will introduce documents substantiating his pre-marital assets and the values of such assets at the time of marriage and at the time such funds were used to create the existing investment assets owned by the parties. 5. Defendant will introduce a copy of the report prepared by Pension Appraisers, Inc. concerning the value of his Navy Retirement Plan. 6. Defendant reserves the right to submit additional exhibits in rebuttal to testimony or evidence offered by Plaintiff, if necessary. V, PARTIES' INCOMES See Defendant's Income and Expense Statement. VI. PARTIES' EXPENSES See Plaintiff's itemized expenses included in his Income and Expense Statement. VII, VALUATION OF PENSIONS The value of Defendant's pension benefits have be,m appraised by Pension Appraisers, Inc. and the value of Plaintiff's pension and retirement benefits have been valued by Harry Leister. By stipulation, Defendant will submit the appraisal completed by Pension Appraisers, Inc. and Plaintiff will submit the report of Harry Leister. VIII, COUNSEL FEES Both parties shall be responsible for their respectiv" counsel fees. IX. PERSONAL PROPERTY The parties anticipate being able to divide their personal property equitably, without addressing such property in the Master's proceeding or further involvement from the Court. X. MARITAL DEBTS The parties are jointly obligated for a line of credit with Waypoint Bank, Account No. 107024507. The amount of this date will be substantiated at trial and statements evidencing the amount of the line of credit shall also be introduced. 5 XI, PROPOSED RESOLUTION Defendant proposes a 50/50 division of the parties' marital property. Plaintiff is not entitled to alimony upon application of the relevant factors under the Divorce Code. Each party shall pay his or her respective attorney fees. This is not a complex case, and Plaintiff has sufficient funds to pay her attorney fees from the cash that she has already received from the proceeds of sale of the marital residence, $140,000.00. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: August 23, 2004 By: {J MAX J. SMITH, J J.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE J.D. No. 82629 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Attorneys for Defendant, James W. Hershey 6 DEBRA A. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-308 CNIL TERM JAMES W. HERSHEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this },} day of August, 2004, I, MAX: J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Pre-Trial Statement by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Johnson, Duffie, Stewart & Weidner Attn: Melissa Peel Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, P A 17013 c.'j i\,,) C) () -''II '-4 :J. [:1 -U~I :O('''! .-)fL ~ -.--.: :;'! C') (, p'~ C') DEBRA A, HERSHEY, IN THE COURT OF COMMON PLEAS OF CIMBERLAND COUNTY PENNSYLVANIA Plaintiff NO, 04-308 CIVIL TERM v. CIVIL ACTION - LAW JAMES W, HERSHEY, IN DIVORCE Defendant. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this I ~ day ~d ~ ,2005 by and between DEBRA A, HERSHEY, of Mechanicsburg, Pennsylvania, (hereinafter "WIFE") and JAMES W, HERSHEY of Harrisburg, Pennsylvania, (hereinafter "HUSBAND") ; WITNESSETH: WHEREAS, the parties hereto were married on February 24, 1989, in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, a divorce action was filed by WIFE on or about January 23, 2004, in the Cumberland County Court of Common Pleas, and docketed at 04-308 Civil Term; and WHEREAS, HUSBAND was served with the Complaint in Divorce by certified mail on January 27, 2004; and WHEREAS, there are no children of the marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal. support; alimony, alimony pendente lite, and in '. , . .. general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Melissa Peel Greevy, Esquire of Johnson, Duffie, Stewart & Weidner. HUSBAND is represented by Max J. Smith, Jr., Esquire of James, Smith, Dietterick & Connelly. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction, The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301 (c) of the Divorce Code, Contemporaneously with the execution of this Agreement, the parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties, The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced - 2- in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance. 3, DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments excepts as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights. family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time 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 Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or statement. Each party - 3- , . acknowledges that he or she is sufficiently familiar with the assets and income of the other to make an informed decision regarding the content of this Agreement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise, Both parties acknowledge that they have had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party, Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 6, SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried, 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, WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other, 7. STATEMENT OF INTENT OF EQUITABLE DISTRIBUTION PLAN. The parties have agreed to an equitable distribution plan which provides WIFE with assets in equitable distribution totaling three hundred thousand ($300,000) dollars. 8. DEBTS. HUSBAND represents and warrants to WIFE that in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE -4- harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since January 14, 2004. WIFE represents and warrants to HUSBAND that in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since January 14, 2004. The parties stipulate and agree that any remaining joint credit card accounts or lines of credit will be closed promptly after the execution of this Agreement. 9, RETIREMENT BENEFITS. IRAs and INVESTMENTS. HUSBAND is the owner of retirement benefits by reason of his former employment with Bethlehem Steel which he represents will pay him $200 per month at his age 65. HUSBAND is the owner of United States Navy Pension benefits, which for purposes of this settlement, the parties agree have a marital value of twenty two thousand five hundred forty five ($22,545) dollars and a pre-marital separate value of eighty one thousand two hundred fifty two ($81,252) dollars. WIFE waives all right, title and interest in HUSBAND'S Bethlehem Steel and United States Navy Pension benefits. HUSBAND is the owner of a Linsco IRA, which for purposes of this Agreement, the parties agree shall be valued at sixty thousand one hundred thirty one ($60,131) dollars, The parties stipulate and agree that HUSBAND shall retain the entire value of this account in equitable distribution. WIFE waives all right, title and interest in HUSBAND'S Linsco IRA. WIFE is the owner of pension benefits through her employer, Footlocker, which for purposes of this Agreement, the parties stipulate and agree have a marital value of ten thousand nineteen ($10,019) dollars and a total account balance of nineteen thousand six hundred forty six ($19,646) dollars on January 23, 2004, WIFE is also the owner of an Oppenheimer 401(k) account, which for purposes of this Agreement, the parties agree had a marital value of seventeen thousand six hundred ninety three ($17,693) dollars on December 31, 2003. HUSBAND waives all right, title and interest in WIFE'S Footlocker pension and Oppenheimer 401 (k) plan. - 5- . . The parties stipulate and agree that WIFE shall retain her Lincoln IRA which for purposes of the Agreement, shall be valued at two thousand eight hundred one ($2801) dollars and her Linsco IRA, which for purposes of this Agreement, shall be valued at six thousand two hundred fifty two ($6252) dollars. HUSBAND waives all right, title and interest in WIFE'S Lincoln and Linsco IRAs. The parties had a joint Linsco investment account, from which they agree WIFE will receive thirty eight thousand twelve ($38,012) dollars, HUSBAND shall receive the remaining balance of this account. The parties will cooperate in executing the necessary documents with the Linsco financial consultant to accomplish the division of this joint investment account. 10. LIQUID MARITAL ASSETS. (a) WIFE shall retain funds from joint Members First Credit Union account, which the parties have agreed to value at three thousand eight hundred thirty three ($3833) dollars for purposes of this Agreement. HUSBAND relinquishes all right title and interest in this account. (b) HUSBAND transferred marital assets from a joint Members 1st Credit Union account into M&T checking and savings accounts which, for purposes of this Agreement, had balances of ten thousand five hundred eighty three ($10,583) dollars and one thousand five hundred ($1500) dollars respectively. The parties had joint savings and checking accounts at Waypoint Bank which had combined balances of eight thousand six hundred twelve ($8612) as of January 15, 2004. HUSBAND subsequently removed all funds from the checking account and eight thousand ($8000) dollars from the savings accounts, leaving a balance of five hundred sixty one ($561) in the savings account as of August 13, 2004, The parties stipulate and agree that HUSBAND shall be credited with receipt of eight thousand six hundred twelve ($8612) dollars from the joint Waypoint accounts and twelve thousand eighty three ($12,083) dollars from the Members 1st accounts. WIFE relinquishes all right, title and interest she may have in the joint Waypoint checking and savings accounts and the funds from the Members 1st accounts which were moved into the M & T checking and savings accounts as further described in this part (b) of this paragraph, (c) HUSBAND has a joint Members 1st credit union account, which for purposes of this Agreement the parties valued at one thousand seven hundred ninety six ($1796) dollars. WIFE relinquishes all right, title and interest in this account. - 6 - , . The parties stipulate and agree that all joint credit union, checking and savings bank accounts will be closed. The parties agree that they have no other joint bank or credit union accounts and that previously existing joint accounts and individual accounts have been divided to their satisfaction. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank or credit union account(s) of the other. 11. BLUE MOUNTAIN CONTRACTING GROUP, INC. HUSBAND formed an S Corporation known as Blue Mountain Contracting Group, Inc. during the marriage. For purposes of this Agreement, the parties stipulate to the value of HUSBAND'S business at twenty eight thousand six hundred twenty five ($28,625) dollars. WIFE relinquishes any and all right, title and interest in Blue Mountain Contracting Group, Inc. The parties stipulate and agree that HUSBAND shall be solely responsible for all debts and liabilities of the corporation. 12. REAL ESTATE. HUSBAND and WIFE were the owners of a residence at 27 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania, which was marital property. The home was sold in March, 2004. The parties received proceeds in the amount of two hundred eighty one thousand four hundred sixty three ($281,463) dollars, from which each received an advancement in equitable distribution of fifty thousand ($50,000) dollars, prior to the deposit of the remaining balance in an interest bearing Mid Penn escrow account. The parties further acknowledge that WIFE later received another advancement in equitable distribution of ninety thousand ($90,000) dollars. The parties stipulate and agree that the remaining proceeds shall be divided as follows: HUSBAND shall receive sixty thousand ($60,000) dollars and WIFE shall receive the remaining balance, estimated to be thirty two thousand five hundred three ($32,503) dollars, based on the balance of the January 14, 2005 account statement. Except as otherwise provided in this paragraph, the parties release any further claim either may have to the proceeds of the marital residence. - 7 - 13. STOCK. Within ten (10) business days of the execution of this Agreement, the parties will execute any necessary documents, including Medallion Signature Guarantees, to transfer their stock in accord with the following agreement as to stock distribution: WIFE shall receive: Name of Stock Footlocker stock Stipulated Value $40,242 HUSBAND shall receive: Name of Stock BREK stock Ahold Stock Waypoint (now Sovereign Bank) stock Stipulated Value $54 $1849 $605 The parties stipulate and agree that any increase or decrease in value of the stock by reason of dividend reinvestment or market activity shall be borne by the party receiving the stock without any adjustment to the overall distribution plan described throughout this document. 14. CASEY. The parties were owners of a 14 year old sheltie named Casey who now resides primarily with WIFE. The parties stipulate and agree that during the parties' separation, HUSBAND and WIFE have shared equally in the expenses related to Casey's veterinary bills, medication and grooming. The parties stipulate and agree that they shall continue to share equally in the expenses of Casey's veterinary bills, medication and grooming. HUSBAND specifically agrees to reimburse WIFE for these costs within fifteen (15) days of her request therefore, which shall be presented with a receipt documenting the expense incurred. -8- ~ 15. AUTOMOBILES. HUSBAND and WIFE agree that WIFE will retain the value of the 1999 Honda Accord which the parties agree is eight thousand six hundred forty five ($8645) dollars. WIFE shall be solely responsible for all costs associated with her vehicle, to include insurance, maintenance, and other costs or fees related to the vehicle. HUSBAND shall cooperate with WIFE in transferring title to her vehicle within ten business (10) days of the execution of this Agreement. 16. HOUSEHOLD GOODS AND PERSONAL PROPERTY. HUSBAND and WIFE have divided the household goods and personal property to their mutual satisfaction in a manner which they agree to be fair and equitable. Neither party will seek claim for other property than is currently in their possession. 17. ALIMONY. HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support from the other, whether the claim be in the form of alimony, alimony pendente lite, or spousal support. HUSBAND and WIFE agree and acknowledge that each shall be responsible to provide, at their own expense, their own health insurance coverage, following the entry of the Decree in Divorce. 18. PAST DUE TAXES. If the parties file joint income tax returns for the tax year 2004 and additional taxes are due, HUSBAND shall be responsible for prompt payment of all taxes due on the Federal, State and Local income tax returns for 2004. In order for WIFE'S records to be complete, HUSBAND shall submit proof of said payment to WIFE within ten days there of. In the event that a refund is due on a joint tax return, the refund shall be shared equally by the parties. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is - 9- finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 19. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. Contemporaneously with the execution of this Agreement, the parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree. 20. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 21. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses of the other party in the absence of a written demand provided to the counsel of record or to the party alleged to be in breach at their last known address. Demand shall be adequate if it is sent via certified mail to the alleged breaching party, or by regular U. S. mail to counsel of record, and provides at least fourteen (14) calendar days for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct address for notice to the Plaintiff shall be: DEBRA A. HERSHEY c/o Annette Braught 4809 Charles Road Mechanicsburg, PA 17050 - 10- For purposes of this provision, and in absence of notice to the Plaintiff to the contrary, the presumptive correct address for notice to the Defendant shall be: JAMES W. HERSHEY 641 Mallard Drive Etters, PA 17319 In absence of a notice to the other party of change of address, a breaching or alleging breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non breaching party in protecting and enforcing his or her rights under this Agreement. 22. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an updated income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to additional discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; - 11 - .' (e) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 23. VOID CLAUSES. If any term, condition, clause or provision of this Agreement, shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 24. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 26. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. itness /.1 _ ( -1-'1,1 ( "\ j'!c Uitq V flli Jj' /) Witness ~ctJ~ DEBRA A. ERSHEY :244824 - 12 - COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On the J.t:jih day of /nardl , 2005 before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared DEBRA A. HERSHEY, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. ~A./ Notary Pu . COMMONWEALTH OF PENNSYLVANIA Nolarial Seal Deborah J. Z'JeSmaI1, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Nov. 17, 2008 Member. Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF1J>;.'" ph." On the (\'\"- day of vv\fy"j, C'll"'. ,2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared JAMES W. HERSHEY, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. (~S~.I)'( \ll !\(A.J Notary Public C{);\Mvl0HVVEAL Tt-; u;_: F'E:NN~YL VANJ;-.. rl Notarial Seal ~ Alisa M. Stine, Notary Public , Derry Twp. Dauphin County My Commssion Expires Nov. 19.2007 .t.,.. '.-:nC;81':-jr-' Of Not(_~rie'S - 13- c:, -) 'il :1 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DEBRA A. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-308 CIVI L TERM v. CIVIL ACTION - LAW JAMES W. HERSHEY, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about January 23, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date: .3 11 s h", L~ J iJ.., ~ Debra A. H hey, Plaintiff :244854 --< .-1 .....r...~' C(J _h~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DEBRA A. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-308 CIVIL TERM v. CIVIL ACTION - LAW JAMES W. HERSHEY, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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. 94904 relating to unsworn falsification to authorities. Date: 3/ IS)0 S- AV,,/J J.L~ Debra A. r hey, Plamtlff :244854-2 r. . .~l (-,.. 1'-,) -..; Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DEBRA A. HERSHEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-308 CIVIL TERM v. CIVIL ACTION - LAW JAMES W. HERSHEY, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about January 23, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date: 3--1/ - C).5 /' :244854-3 .' "' -'.- ".-." l.,." .....,.,.. Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DEBRA A. HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-308 CIVIL TERM v. CIVIL ACTION - LAW JAMES W. HERSHEY, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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. ~4904 relating to unsworn falsification to authorities. Date: ,3 ~ / / - C)_~V ,-L~ iv~t, . :244854-4 ) .\ C';.-.' DEBRA A. HERSHEY, IN lHE COURT OF CG1MON PLEAS OF CUMBERLAND COUNI'Y, PENNSYLVANIA Plaintiff NO. 04-308 CIVIL TERM V5. JAMES W. HERSHEY, Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the ccmplaint: Certified mail, restricted delivery, to the Defendant on January 26, 2004 and received by Defendant on January 27, 2004 3. Canplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff by the defendant March 11, 2005 March 15, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None.' The Marital Settlement Agreement dated March 15, 2005 shall be incorporated, but not merged, into the Decree in Divorce. . 5. Indicate date and rre.nner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on March 15, Waiver of NOtice signed 'by Defendant on concurrently here~ith. Attorney for Plaintiffj Melissa Peel Greevy ID #77950 n f"..:J ~ c::::. ~ = c.n ..:::... ::II: :r! \Jr:.o cpr~j >- rn:!J L-m.~J:) :::0 -oh1 .ze- N 0}.', N :,') ? ....,l.._ Qo !;CLi -0 ;:C~ );>C' ~d 3: Qo . c: ~ Of"! ~ ..-1 +" 15 .... .- -< :f.<f.:.f:f. . . . . . . . . . . . . . . . . . . . . . . . . :f.:.f:t':f.:f.:f.:f.'+':f.'+':f.;f.:f.'+':f. :f.;f.:f.'+':f.~:.f~~~~,+,~,+,~,+,~,+,+,+,,+,++;f.+~'+'~'+':f.~,+,,+,~;f.+;f.,+,;f.'+'~'+'~'+'+'+'+:f.'+'~'+'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PEN NA. STATE OF DEBRA A. HERSHEY, No. 04-308 CIVIL TERM Plaintiff VERSUS . . . . . . . . . . . . JAMES W. HERSHEY, Defendant DECREE IN . . . . . . . . . . . . . . . . . . DIVORCE ~ "Z.l\.. ARE D]VORCED FROM THE BONDS OF MATR]MONY. . . . " . . . . . . . . . . . . . . " . . . . . . . . . . " . . . . . . . " . . . . . . . . . . . . . . . . . . . :f. 't' '" Of. 't' Of. '+' 'f. '+' +i 't' 'f. '1:+ 2005 AND NOW, ]T ]S ORDERED AND ---, DEBRA A. HERSHEY , PLA]NT]FF, DECREED THAT . . . . . . . . . . . . . . . . . . JAMES W. HERSHEY , DEFENDANT, AND THE COURT RETA]NS JUR]SD]CT]ON OF THE FOLLOW]NG CLA]MS WHICH HAVE BEEN RA]SED OF RECORD ]N TH]S ACT]ON i~ FOR WH ]CH A F] NAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . . . . . . . . . . . The Marital Settlement Agresrent dated March 15, 2005 shall bE but not merged, into this Decree in Divorce and is enfo~able of Court as provided in 23 Pa. C.S. ~3105. ~~-i<>......_4~ ~ ,.~ '" incorporated, as an Order /' '" . . / / ;/ By THE COURT:, / vy~'~ ?T ST: ,/~j J. ne.i.)f( YatmyJ.vrn / [J.d:-. PROT~ON<fr&Y . . . . . "I'Of. 'f. ~ "I' ~ :.f:f.'t:"I'+"I'~"'~:f. Of: ~'f.'f. 'f.'f.'f.~"I'~+++i+~'f.'ti"l'~~"I':f.+"I'''I'''I'''I''f.''I'+''I'''I'''I'''I''''''I'''I'''I'~'''''I'~''I'''' :f.:f.:+'''I',+, . . . " . " . . . . . . . " . . . . . . . " . . . . . . . . . . . . . . . . . . " . . . . . ~ f ;to/rfl?f~!?' ~>G/ Qr . c ,~ Jp . Z ~Yl4~cl ';:tV _W' as f.'