Loading...
HomeMy WebLinkAbout09-0952CHARLES S. HINKLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009- 9Is o2 CIVIL TERM ELIZABETH E. HINKLE, Defendant. IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 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. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CHARLES S. HINKLE, Plaintiff, V. ELIZABETH E. HINKLE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009- gs? CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND JM OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Charles S. Hinkle, by and through his attorneys, Irwin, & McKnight, P.C., and files this Complaint in Divorce against the Defendant, Elizabeth E. Hinkle, representing as follows: 1. The Plaintiff is Charles S. Hinkle, an adult individual residing at 93 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025 2. The Defendant is Elizabeth E. Hinkle, an adult individual currently residing at 97 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on April 25, 1998 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that he has been advised of the availability of counseling and that said parry has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Supreme Co West Pom et 60 West Polkfr Carlisle, Penn\s (717) 249-2353 I.D. No. 254 Professional I et Street 3-3222 Dated: February 17, 2009 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. CHARLES S. HINKLE Date: February 13, 2009 CHARLES S. HINKLE, Plaintiff, V. ELIZABETH E. HINKLE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009- CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. CHARLES S. HINKLE Date: February 13, 2009 ? _r1 W `m -Ti \ ' CHARLES S. HINKLE, Plaintiff, V. ELIZABETH E. HINKLE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009 - 952 CIVIL TERM IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce Pursuant to Sections 3301(c) and 3301(d) of the Divorce Code in the above-captioned case. Respectfully sybmi IRWIN , P.C. Marc A. McI?t, III, Esquire 60 W At Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Attorney for Plaintiff, Charles S. Hinkle Date: March 25, 2009 c 7'No f' t cn .77 CHARLES S. HINKLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW 2009 - 952 CIVIL TERM ELIZABETH E. HINKLE, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE I, JOHN CHRONISTER, a competent adult, being duly sworn according to law, depose and say that at approximately 9:00 a.m. on March 28, 2009, I personally served by hand delivery to Elizabeth E. Hinkle with the Reinstated Complaint in Divorce in reference to the above- captioned case: To: Elizabeth E. Hinkle 97 Lee Ann Court Eno* PA 17025 I verify that the statements in this return of service 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 unswom falsification to authorities. Date: _ 3d 0? OHN CHRONISTER Sworn and sub*?day before me this of March 2009. FILED-''. FACE OF THE PPr.)Tf-`n,\tCTARY 2009 MAR 31 M 11: 11 NTY ,,• 4 ~s_Eu--~;~~,~~i_;~r 101D FE3 23 P~'i 2~ 09 ., , ~.' ~ , . ~~;~ ~~' r t ~', ,~ '~;~{ , ~ /; CHARLES S. HINKLE, Plaintiff/Petitioner v. ELIZABETH E. HINKLE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2009 - 952 CIVIL TERM IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 23rd day of February 2010, comes the Plaintiff/Petitioner, Charles S. Hinkle, by his attorneys, IRWIN & McKNIGHT, P.C., and makes the following Petition for Economic Relief against the Defendant/Respondent, Elizabeth E. Hinkle, as follows: 1. The Petitioner is Charles S. Hinkle who is the Plaintiff in a divorce action filed at in Cumberland County, Pennsylvania. His address is 93 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 2. The Respondent is Elizabeth E. Hinkle who is the Plaintiff in this divorce action. Her address is 97 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. a~c~-1a391 ~" "'f s ,2.l~ y3 ~ 93 ~ WHEREFORE, the Petitioner, Charles S. Hinkle, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT, P.C. Mar~us A. McKn ght, I I, Esq. 60 West Pomfret S eet Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Petitioner Date: February 23, 2010 2 VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. CHARLES S. HINKLE Date: February 23, 2010 CHARLES S. HINKLE, Plaintiff vs. ELIZABETH E. HINKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-0952 CIVIL IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this Z3'~ day of February, 2010, the court being satisfied that the matters involved in the attached Petition for Special Relief are more properly heard by the Master, said petition is DENIED. BY THE COURT, Hess, P. J. arcus A. McKnight, III, Esquire For the Plaintiff ~Jettrey R. Pratz, Esquire For the Defendant E. Robert Elicker, II, Esquire Master :rlm ~P ~ ~S ,~.~ L~ a~2s f rv !? fV C O am.. ~ _,.1 rP-, r_ -~ c:~ » ~-.~ a_: ~.) _n r = r i7.: rJ:: ~• j l • • ~^r ;...~ -=, FILED-OFFIC Jeffrey Robert Pratz 1 Supreme Court I.D. No. 208934 The Law Offices of Pra1z & Wallace t 10 O 15 PM 24 North 32r0 Street, Camp Hill, PA 17011, 1 Attorney for Defendant Telephone: (717) 761-2312 g N 1 Lz Fax: (717) 761-2313 E-mail jeffiey@pratzwallace.com CHARLES S. HINKLE, Plaintiff PENNSYLVANIA VS. ELIZABETH L. HINNKL E, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL, ACTION DOCKET NO. 2009 - 952 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: 04 c7tO a& 4 LIZABETH L. HINKLE F)L Di--0F1-1r,E Jeffrey Robert Pratt Supreme Court I.D. No. 208934 2M I 0 O V 15 P 11 3: 1 The Law Offices of Pratz & Wallace 24 North 32" d Street, Camp Hill, PA 17011 ` U MBE R L A "1.1 1, U N T `' Attorney for Defendant Telephone: (717) 761-2312 P F X11"-=1 S' Fax: (717) 761-2313 E-mail jeffi+ey@ptaazvvallace.com CHARLES S. HINKLE, Plaintiff PENNSYLVANIA VS. ELIZABETH L. HINKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION DOCKET NO. 2009 - 952 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on February 17, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. § 4904 relating to unworn falsification to authorities. DateNou&,,. -,el $,dota IZABET'H L. HINKLE CHARLES S. HINKLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA 4J E`J C? i i V. CIVIL ACTION - LAW -, -- - -? rnva ;zm c.-. ? 2009 - 952 CIVIL TERM V,,,)rr-- -- >- ELIZABETH E. HINKLE, r-M C , Defendant. IN DIVORCE `° -u -; PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 17, 2009, and reinstated on March 26, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: /- 4-// CHARLES S. HINKLE Plaintiff CHARLES S. HINKLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYI kAMk v. CIVIL ACTION - LAW 2009- 952 CIVIL TERM e ELIZABETH E. HINKLE Defendant. IN DIVORCE ,. i - _ WAIVER OF NOTICE OF INTENTION TO REOUEST ' ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: f 44-Il CHARLES S. HINKLE Plaintiff CHARLES S. HINKLE, Plaintiff VS. ELIZABETH L. HINKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 952 CIVIL IN DIVORCE ORDER pOF COURT AND NOW, this p?0 da y of 2011, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on January 4, 2011, the date set for a conference with counsel and the parties, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Kevi Hess, P.J. cc: Marcus A. McKnight, III / Attorney for Plaintiff Jeffrey Robert Pratz Attorney for Defendant CDPieb DO cr3 ?, w ? ca i CHARLES S. HINKLE, Plaintiff , VS. ELIZABETH L. HINKLE, . Defendant THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 952 CIVIL IN DIVORCE Today is Tuesday, January 4, 2011. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Charles S. Hinkle, and his counsel Marcus A. McKnight, III, and the Defendant, Elizabeth L. Hinkle, and her counsel Jeffrey Robert Pratz. We previously placed comments and stipulations on the record on Wednesday, October 13, 2010. Following that meeting, we scheduled today's conference in an effort to try to bring this to some resolution. After reviewing the positions of counsel, the Master made some suggestions regarding how to resolve this case, and using that as a framework, the Master understands that the parties and counsel have come to a comprehensive agreement of all the outstanding issues. The complaint in divorce was filed on February 17, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. With respect to the 1 11 grounds for divorce, the parties have provided the Master with affidavits of consent and waivers of notice of intention to request entry of divorce decree. Mr. Pratz filed his affidavit and waiver previous to today and Mr. McKnight provided the Master with his affidavit and waiver today, which will be filed by the Master's office with the Prothonotary. Therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. A petition for economic relief was filed by the Plaintiff on February 23, 2010, raising a claim for equitable distribution and a claim for counsel fees, costs and expenses. The Master has been advised that after discussion this morning, the parties have reached an agreement with respect to all of the outstanding issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement as stated on the record will be transcribed and then sent to counsel for review for typographical errors, after corrections, if any, are made, the parties will then affix their signatures to the agreement affirming the terms of settlement as stated on 2 the record. It is understood specifically that when the parties leave the hearing room today that they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the settlement. After the Master has received a completed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on April 25, 1998, and separated on December 30, 2002. There are no children of this marriage. Mr. McKnight. MR. McKNIGHT: 1. The parties have agreed that with regard to equitable distribution husband will keep all of the marital assets in his possession, including his retirement account with his employer, Excel Distribution; his 2006 Chevy; and his motorcycle. 2. Wife will keep all assets in her possession, including her retirement account with her employer, Commonwealth of Pennsylvania; her IRA with Fidelity; and the Mercury Mountaineer. 3. All the respective vehicles are owned by the parties themselves and no titles need to be transferred. 4. With regard to the real estate that is owned jointly, the parties agree that wife will continue to be entitled to exclusive possession and that she will be refinancing the mortgages within ninety (90) days from today's date and at the time of refinancing she will pay off the existing mortgage, home equity loan, and pay husband $11,000.00. Husband will prepare a deed which he will sign, which conveys the title to wife in the marital home, and will hold that in escrow until wife indicates she is ready to close on 3 her refinance. 5. Currently there is a Domestic Relations Order for spousal support and the parties agree that that spousal support order will end effective today, and that the Divorce Master is free to complete the divorce as soon as he is able to file the consents and withdraw his appointment. Counsel for the Plaintiff will complete the divorce upon withdrawal of the Divorce Master's appointment. 6. The parties agree that they are each paying their own costs and expenses and will pay their own counsel fees. Husband waives his claim for counsel fees that he raised by petition. 7. Each of the parties will maintain and keep ownership of assets in his or her possession and waive ownership in any other assets personal and tangible of the other party in his or her possession. 8. Neither party has any debt which obligates the other party, however, they agree to hold each other harmless from any debt which they have in their own name which any claims may be asserted against the other. THE MASTER: Mr. Pratz, are you satisfied with the statement? MR. PRATZ: I am satisfied. MR. McKNIGHT: 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. McKNIGHT: Charles, you've heard the 4 terms of the settlement that we've outlined today -- the spousal support ends today, the divorce will be completed shortly, and within ninety (90) days you will receive $11,000.00 when wife refinances, and you are going to deed the property over to her. You understand the terms of the agreement? MR. HINKLE: Yes. MR. McKNIGHT: Are you satisfied with those terms? MR. HINKLE: Yes. MR. McKNIGHT: Are you satisfied with my representation of your interest in this case? MR. HINKLE: Yes. MR. PRATZ: Ms. Hinkle, you also heard the terms of the agreement today; that you will refinance the home within ninety (90) days and upon refinancing the home, you will pay to Mr. Hinkle $11,000.00. Are you happy with those terms? MS. HINKLE: Yes. MR. PRATZ: Do you understand those terms? MS. HINKLE: Yes, I do. 5 MR. PRATZ: representation of you? MS. HINKLE: THE MASTER: And are you happy with my Yes, I am. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Marcus A Attorney ight, III laintiff DATE: (??G6u' ??L?"e Charles S. Hinkle Jizaalbbethh L. Hinkle 6 Vl/ ` J ey Robe Pratz Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES S. HINKLE, Plaintiff V. ELIZABETH L. HINKLE, NO. Defendant 2009-952 CIVIL TERM DIVORCE DECREE AND NOW, /? 2011 , it is ordered and decreed that CHARLES S. HINKLE , plaintiff, and ELIZABETH L. HINKLE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Agreement and Stipulation contained in the Masters Report dated January 4, 2011, which is signed by the parties, is hereby incorporated herein and made a part of this Decree in Divorce but is not merze By the Court, Cert. Cop m4a led -b aftq mckn'gqh+ Ncpwce + Crr mcu led `b aca'y Pr&A