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HomeMy WebLinkAbout04-0831 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street CampHill,PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KIRBY B. HOKE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. oi.( - g3/ CIVIL ACTION - LAW CINDY S. HOKE Defendant 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 by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may Jose 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, Room 10 l, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A 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 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney 1.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KIRBY B. HOKE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. NO. CIVIL ACTION - LAW CINDY S. HOKE Defendant IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS VSTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street CampHilI,PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KIRBY B. HOKE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 0 l.( ~ Cijj : CIVIL ACTION - LAW CINDY S. HOKE Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330HC) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Kirby S. Hoke, an adult individual who currently resides at 418 State Street, West Fairview, PA 17025. 2. Defendant is Cindy S. Hoke, an adult individual who currently resides at 784 Lancaster Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 25, 1981, in West Fairview, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff is in the military or naval service of the United States or its allies within the provisions ofthe Soldiers' & Sailors' Civil Relief Act ofthe Congress of 1940 and its amendments. 7. Plaintiff avers that there three (3) children of this marriage under the age of eighteen years, namely William Hoke, date of birth March 19, 1987, Matthew Hoke, date of birth September 4, 1993, and Ashley R. Hoke, date of birth May 8, 1989. 8. The parties are also the parents of two adult children. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. II. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 330 I (d). The parties have lived separate and apart since May 25,2003. (Affidavit Under ~ 3301(d) of the Divorce Code is attached as Exhibit "An). WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) ofthe Divorce Code. Respectfully Submitted, REAGER & ADLER, PC Date: 2-/25/ Of By: Attorneys for Plaintiff Kirby S. Hoke VERIFICATION I, Kirby S. Hoke, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. r 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: \lD~l~ KIRBY S. HOKE '-": + ~ p ~ --r-=:-: ;::::::::; ~ 0\ '- G :-Z ---- ~ C::<j s--- "-- \~;" c::::- -z ......::;. '2 ~ --\.-\ '::> :' "'C , g c." o ~) -I, -,.., :::J ~-:'i , , - C' ~ .-< KIRBY B. HOKE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-831 CINDY S. HOKE Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C. do hereby certifY that I served a certified copy of the Divorce Complaint on the Defendant Cindy S. Hoke, by Certified Mail, Restricted Delivery on the II th day of March, 2004, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit "A." Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Cindy S. Hoke 784 Lancaster Avenue Enola, P A 17025 Date: ~II?--/Ot I D r Denison an Atty. ill No. 66378 REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA l7011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff Kirby B. Hoke EXHIBIT A · Complete ~ems 1, 2, end S. Also compl8fe 118m 4-4ileolricted Delivery Is desired. · Print your name end address on the reverse 10 that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front If space pennils. 1. Article Addressed to: ~Slgn . JM~ D. Is delivery adc:!1 different from Ilem 1? R If YES, enter delivery address below: STR1CtED LIV D~ D_ Dv. DNe tt Y\d l{ s. hbk l<6L\: L(H\c.a~ r AH I:::. rolQl .p~ noas 3. Se,rvice Type 'Ii!J1Certlfled Millil 0 Express Mail 13' RogIstBnld D Return Receipt for Me__ D InSUred Maiil [J C.O.D. 4. R_clod Delivery? (Extnl Foe) :B'v. 2. An 7003 2260 0001 2319 0565 PS Fom13811, July 1999 . DomootJc Aolum Aecolpt 102595.QO-M-0852 . (") c- ? -o[iJ rT1rrl "7.......1 Ze ~-'J'";; ..:::,....- r "r.... C:> ~- '.. - .- I....~_~ , c~:.:> ~- -"'~' c.: p-) KIRBY B. HOKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-831 CNIL ACTION - LAW CINDY S. HOKE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on February 26, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. S 4904 relating to unsworn falsification to authorities. Dated: 4 (Y\ev-.. <:y; 1L2!~ , " \-.:_~ ( - KIRBY B. HOKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-831 CIVIL ACTION - LAW CINDY S. HOKE, Defendant IN DIVORCE WAiVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER !\ 3301(c) OF THE DIVORCE CODE I. I consent to the entry ofa final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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: 4l'{\<:v\ a:') \] D~~L KIRBY B. HOKE ., ~. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 9Gfit.... day of av~ ,2005, by and between Cindy S. Hoke (hereinafter "WIFE") and Kirby B. Hoke, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on July 25, 1981, in West Fairview, Pennsylvania; and separated on May 25,2003; and WHEREAS, the parties have three (3) minor children of this marriage, namely Matthew Hoke, date of birth September 4, 1993; Ashley R. Hoke, date of birth May 8, 1989; and William Hoke, date of birth March 19,1987; and WHEREAS, the parties are also the parents of two (2) adult children, namely Randy Hoke and Amy Hoke, both of whom are emancipated; 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 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 NQW THEREFQRE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: I. ADVICE QFCQUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Robert P. Kline, Esquire of Kline Law Offices. HUSBAND is represented by Debra Denison Cantor, Esquire of McNEES WALLACE & NURlCK LLC. August 22, 2005 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, or if counsel has not been consulted, 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 9 3301(c) of the Divorce Code. A divorce action was filed by Husband with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No.: 04-831 on February 26, 2004. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the marital settlement agreement. These documents shall be immediately filed. 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 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" and "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 party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release 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 except 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 2 August 22, 2005 rights, family exemption, 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 Pennsylvania, any state, Commonwealth, or territory ofthe 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 AND PROCEDURAL DlSCLQSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of 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 understand that they have 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 that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEP ARA TlON/NON-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 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. REAL PRQPERTY. The parties are the owners of real property located at 784 Lancaster Avenue, Enola, Pennsylvania. WIFE shall retain the marital home. HUSBAND agrees to remain on the mortgage obligation until the occurrence of one of the following events: 3 August 22. 2005 a. WIFE remarries or cohabits with a member of the opposite sex; b. WIFE no longer resides in the marital home; c. WIFE sells the property; d. Matthew Hoke's 18th birthday. In the event that WIFE remarries or cohabits with a member of the opposite sex, no longer resides in the marital home, or Matthew reaches the age of 18, she agrees to notify HUSBAND of said event within fifteen (15) days of its occurrence. Thereafter, WIFE shall have a period of no longer than sixty (60) days to refinance the property removing HUSBAND's name from the obligation. WIFE shall retain all equity in the home. In the event that WIFE elects to sell the property, she shall be responsible for all costs and expenses associated with the sale and shall retain all proceeds. As of May 25, 2003, WIFE shall be solely responsible for all costs associated with the marital property, including the first mortgage, property taxes, and all utilities, including trash and sewer, and the long distance phone bill, and agrees to indemnify and hold HUSBAND harmless from such obligation. As of May 25, 2003, HUSBAND agrees to pay the homeowners insurance policy, electric bill and basic phone bill as long as his name remains on the deed. HUSBAND shall also be responsible for the payment of the second mortgage with a current balance of $13,900 and will pay such directly to the lender. In the event WIFE is more than 10 days late on the mortgage payment on two occasions while HUSBAND remains on the mortgage obligation, HUSBAND will assume payment of the first mortgage using the child support payments. In the event that WIFE fails to make two (2) consecutive monthly mortgage payments while HUSBAND remains on the mortgage obligation, the house shall immediately be listed for sale. WIFE shall be responsible for all costs and expenses of said sale and the payment of all mortgage obligations. Thereafter, WIFE shall retain the proceeds. No additional liens or encumbrances shall be placed against the home until HUSBAND's name is removed from the obligation. 4 August 22, 2005 8. DEBTS. The party are the obligors on the following credit card obligations: Boscov's, Home Depot, Lowe's, Discover, MBNA, AT&T Universal, Capital One (2) STAR, Members First, Sears, JC Penny and Beneficial. From September 25, 2003, it is agreed that WIFE shall assume payment of the Boscov's, Home Depot, JC Penny and Lowe's credit card and agrees to indemnify and hold HUSBAND harmless from said payments. From May 25, 2003, HUSBAND agrees to assume the Discover Card, MBNA, AT&T, Capital One (2) STAR, Sears and Beneficial and agrees to indemnify and hold WIFE harmless from said payments. HUSBAND represents and warrants to WIFE that since the separation he has not, and 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 harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein, WIFE represents and warrants to HUSBAND that since the separation she has not, and 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 or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. HUSBAND shall be entitled to claim the interest on the first and second mortgages on the marital home for tax purposes as long as his name appears on such. 9. VEIDCLES. The parties are the owners of a GMC van which is subject to a loan through Members First. This van is held in joint names. HUSBAND agrees to assume the loan payments until! February 2007 or when the loan is paid in full.. Husband shall be responsible for the car insurance payments until February 2007. In February 2007, or when the loan is paid in full, , HUSBAND shall execute title transferring the GMC van to WIFE who will then assume responsibility for the car insurance and all other costs and expenses. From the date of execution of this agreement, WIFE shall be responsible for all other expenses associated with this vehicle. 5 August 22, 2005 HUSBAND shall retain the Saturn which is subject to a car loan with GMAC. HUSBAND will assume responsibility for the repayment of this obligation and shall retain this vehicle. WIFE herein waives any right, title and interest she may have in this vehicle. 10. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. WIFE shall retain the family cats. It is agreed that WIFE shall keep all furnishings located in the home with the exception of the jukebox. Such jukebox shall remain in the marital home until Matthew Hoke's 18th birthday. Thereafter, HUSBAND shall retain the jukebox. 11. INCQME TAX. The parties agree to file a joint tax return for the year 2004 with any refund to be first used to pay all property taxes and any remaining refund shall be divided equally between the parties. 12. LIFE INSURANCE. HUSBAND maintains two life msurance policies with death benefits totaling $265,000.00. WIFE is the owner of a life insurance policy with a death benefit of $100,000.00. It is agreed that each party shall name the other as a $100,000.00 life insurance beneficiary. Upon the payment of all debt as outlined in this agreement, the beneficiary designation may be altered as selected by each party. 13. RETIREMENT BENEFITS. WIFE is the owner of a 401(k) through her employment at NAPA Transport. HUSBAND hereby waives his right, title and interest that he may have to said 401(k) plan. HUSBAND is a Sergeant First Class in the military with 16 years of active duty. HUSBAND is the owner of a military pension. It is agreed that WIFE shall retain 30% of the marital portion of the pension to be defined as that portion of the pension accrued from the date of marriage to the date of the parties' separation. WIFE is required to submit a completed application form (DD 6 August 22, 2005 Form 2293) in accordance with the Uniformed Service Former Spouses' Protection Act to assure transfer of benefit. 14. BANKRUPTCY OR REQRGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federallaw) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SUPPORT, AND ALIMQNY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. CHILD SUPPORT. HUSBAND agrees to pay to WIFE on a monthly basis child support in an amount equivalent to the current first mortgage payments, which equals biweekly installments of $582.33. Said amounts shall not increase. Said payments shall continue until Matthew turns 18 and graduates from high school unless: a. HUSBAND retires from active military service; 7 August 22, 2005 b. The death of either party; c. WIFE's remarriage or cohabitation. d. The sale ofthe marital home. HUSBAND agrees to remain responsible for the health insurance for the children. Unreimbursed medical and dental expenses shall be shared equally between the parties. In the event HUSBAND retires from active military service, child support shall cease. WIFE will accept her portion of the retirement fund in lieu of support. Should WIFE file for child support after HUSBAND's retirement, she agrees to waive receipt of her portion of the retirement until the final payment of child support. WIFE shall reimburse HUSBAND her retirement payment within five (5) days of her receipt thereof. If WIFE remarries, cohabitates or sells the marital home, child support shall be recalculated pursuant to the law. 17. CHILD CUSTQDY. The parties agree to share legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 8 August 22, 2005 WIFE shall have primary physical custody of William, Ashley and Matthew Hoke. Father shall have rights of partial custody every other weekend, two (2) evenings a week and all other times as the parties shall agree. 18. ATTORNEY FEES, CQURT CQSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 19. ATTQRNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision 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, 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 nonbreaching party in protecting and enforcing his or her rights under this Agreement. 20. 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 income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (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. 21. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 9 August 22, 2005 22. VQID 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. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. 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 forth herein. 25. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in 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 above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ~~ Witness (2 ~g ~f( Cindy S. Ho e !~L~ \19~\~ Kirby B. Hoke 10 August 22, 2005 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On the vf';? .-fi,/r day of a~~ , 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared CINDY S. HOKE, known to me (or satisfactory 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 and notarial seal the day and year first above written. ~~f/~~ My Commission Expir ' MMONWEALTH OF PENNSYL'l Notarial Seal Sharon R. Feister, Notary Public ew Cumberland Boro, Cumberland County My Commission Expires Apr. 15, 2001 COMMONWEALTH OF COUNTY OF PCUAfVIl t') On the a~~ day of /l,~ /1.)+ , 2005, before me, a Notary Public in and for the Commonwe~ PennsylvanIa, the undersigned officer, personally appeared KIRBY B. HOKE, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. : SS. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. ~~,~ Notary Public My Commission Expires: NOTARIAL SEAL ~JCHElE S. BEERY, NoIaty NlIic City of Harrisburg, PA Dauphin County My Commission Expim JUly 6, 2006 II h' '::~:g ~:;, (':'~ (,"') (~ .."., -'-. o -n .-l T::!J r"l1r:-.: ~.!J i,_._' c:) " <1 (-,-'S i"fl ....". n McNEES WALLACE & NURICK LLC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@mwn.com KIRBY B. HOKE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-831 CIVIL ACTION - LAW CINDY S. HOKE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 26,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry 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.A. Section 4904 relating to unsworn falsification to authorities. \1 Qt\\ Q. Kirby B. Hoke Dated: (;/26) 0') ~ ~ ~. G.~; Co.) - ~ ~ Q, ..-\ -C -r\ fnr-: :;;8 oj \ -~~~\ <~;~-~~~ ':]\ ~~~:1 :~ - c u) - ~ McNEES WALLACE & NURICK LLC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor(1i)mwn.com KIRBY B. HOKE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-831 CIVIL ACTION - LAW CINDY S. HOKE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(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 send 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.SA Section 4904 relating to unsworn falsification to authorities. \} Q (\ \\sL Kirby B. Hoke Dated: 1h<D 10J I I o c ,.-"" ,..., (...7> C':::I c.n o -" ~-n nl-"" -::J"n ~,bC;:: '-.) (:"") 0~I,~ C).en :;~ "':lJ :..<: ~-- c::: (j-) w -c .~ W KIRBY B. HOKE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-831 CIVIL TERM CINDY S. HOKE, DEFENDANT : IN DIVORCE AFFIDAVIT QF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 26,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry ofthe decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 F ALSIFlCA TION TO AUTHORITIES. f- d~-c)S Date ~~ 55;J& CINDY S. OKE SSN: jC/,t,j-SZJ-f, 'ii.2S -..,-,-'- n o o ~ g; '1"" c: G-) W (- :.~ ..<: ~ ~ ~"'n one -0';.:..] -:i)\T '.~Ci -~~- ::;.; C)(~ -j' -I ~l' "\; :.<. - ~ N KIRBY B. HOKE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-831 CIVIL TERM CINDY S. HOKE, DEFENDANT : IN DIVORCE WAIVER OF NOTICE QF INTENTION TO REQUEST ENTRY QF A DIVQRCE 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 ifI do not claim them before a divorce is granted. 3. r 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. r UNDERSTAND TIIAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. ~\;?;1-o~ Date cC4!rocl J/JJ~ 0 "'" c = 0 C;? ;,'.~ "'" -n j: ~. ..... , ,-- ::c G) m::D r- "", -:::In'~ ::fJO ~. ,) i --0 :~~~ ,- -',-~ ~?C,;';.; t. [3rTi ..::...': ~-:; ~ .J;:'" :'i:1 c.:> -< McNEES WALLACE & NURICK LLC BY: PAMELA L, PURDY, ESQUIRE Attorney I.D. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-831 KIRBY B. HOKE, Plaintiff CIVIL ACTION - LAW CINDY S. HOKE, 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. Grounds for divorce: irretrievable breakdown under ~3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: First Class U.S. Mail and by Certified Mail, Return Receipt Requested, Addressee Only, mailed on February 27, 2004, and received on March 11, 2004. An Affidavit of Service was filed on March 18,2004. 3. Date of execution of the affidavit of consent required by ~ 3301 (c) of the Divorce Code: by Plaintiff: August 26, 2004; by Defendant: August 22, 2005. 4. Related claims pending: N/A 6. Date Plaintiff's Waiver of Notice was filed with the prothonotary: contemporaneously with this praecipe. Date Defendant's Waiver of Notice was filed with the prothonotary: contemporaneously with this praecipe. MCNEES WALLACE & NURICK LLC By Attorney for Plaintiff Kirby B. Hoke Date: August,22,2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by hand-delivery upon the following: Robert P. Kline, Esquire 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 f~(t'L'~L.f=~ P mela L. Purdy Counsel to Plaintiff Dated:()~ j(j/ 'ZOoS- - o c "', G~ ~'.';':~ 0' -". (,:::: C'') w o -n ...-{ ..,- RlfD ~~.rn \;jJ ;j ~;~~ i.',;,~~ ?') ,~rn :..:: -r) ....~,~ r w :t::+;:+;~ '" .. . "'~ ~~~~~~ ~:+;~ "'''':+;~~~~:+;:+;~~~ . . . .. . . ... . . . . IN THE COURT OF COMMON PLEAS . . . . . . . . . . . . . . . . OF CUMBERLAND COUNTY STATE OF PENNA. KIRBY B. HOKE No. 04-831 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VERSUS CINDY S. HOKE DECREE IN DIVORCE S1tWa- 1 ,- Rt./f) ) , AND NOW, IT IS ORDERED AND Kirby B. Hoke DECREED THAT , PLAINTIFF, Cindy S. Hoke AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . none / BY T . . Ams~e~, P~OTHONOTARY =+: ~ ~'IO'f.'f. ~ :+: '+':+::+: :f.:+: '" ~ '" . . .. . . :+:"''''''':+:''':+::+:'i''i''f.;+' :+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. r-pP ~~ ~ 50/..'0 (f) ~cY P "' ~ ""'.:>';'1J 5'7 Lb ...' -: . .