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HomeMy WebLinkAbout04-2926 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J. HILBERT, Plaintiff YVONNE K. HILBERT, Defendant No. 2004- ,~,.)~ ~J CIVIL ACTION - LAW (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 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 lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divome is indignities or itrethevable 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 Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 1S 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 Supreme Cdt(rt ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SA1DIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J. HILBERT, Plaintiff YVONNE IC HILBERT, Defendant No. 2004 - CIVIL ACTION - LAW (In Divorce) COMPLAINT UNDER SECTION 3301(e) OR 3301(d) OF THE DIVORCE CODE COUNT I o DIVORCE Plaintiff is Douglas J. Hilbert, who currently resides at 98 Lone Oak Drive, Marysville, Perry County, Pennsylvania. 2. Defendant is Yvonne K. Hilbert, who currently resides at 907 Chester Street, Apartment D, Enola, Cumberland County, Pennsylvania. 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. Plaintiff and Defendant were married on April 30, 1983 in West Fairview, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have been living separate and apart since July 1,2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaimiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaimiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 9. The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Date:~}q~ ,~q. 200q By: Respectfully submitted, SAIDIS, SI-lUFF, FLOWER & LINDSAY '~Supi'eme CoLlOID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff AFFIDAVIT I, Douglas J. Hilbert, being duly sworn according to law, depose and say: (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 com't require that my spouse and I participate in counseling prior to a divome decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: ~/c~)~/ ~c~t ~la~ j.~ilb~, ~ SAIDIS SHUFF, FLOWER & LINDSAY VERIHCATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J. HILBERT, Plaintiff YVONNE K. HILBERT, Defendant No. 2004 - 2926 CIVIL ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this~day of .~l~l{~.iallO.~r , 2004, BY and BETWEEN Douglas J. Hilbert of 98 Lone Oak Drive, Marysville, Perry County, Pennsylvania, hereinafter referred to as Husband, A N D Yvonne K Hilbert of 907 Chester Street, Apt. D, Enola, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS R. 1: The parties hereto are Husband and Wife, having been joined in marriage on April 30, 1983, in West Fairview, Pennsylvania; and R.2: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about July 1, 2001; and R.3: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and DJH _~--_5_ Page 1 of 14 YKH SAIDIS SHUFF, FLOg'ER & LINDSAY 26 W. High Street Carlisle, PA R.4: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.5: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.6: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Saidis, Shuff, Flower and Lindsay, and that Wife, cognizant of her right to obtain legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of this Agreement; and R.8: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and DJH Page 2 of 14 YKH SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA R.9: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Each party shall be free of the interference, authority or contact by the other as if he or she was single DJH ~ Page 3 of 14 Y K_H/~/~/~ff SAIDIS SHUFF, FLOWER & LINDSAY and unmarried except as maybe necessary to carry out the terms of this Agreement or any Custody Stipulation and Agreement and/or Order of Court. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree. Simultaneous with the execution of this Agreement, the parties agree to execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said documents will be dated for and filed on September 24, 2004, which date takes into account the requisite ninety (90) day timeframe from the date of service of the Complaint in Divorce If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties acknowledge that they are joint owners of the premises more commonly identified as 98 Lone Oak Drive, Marysville, Perry County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The assessed value of the Marital Residence at or around the parties' date of separation was One Hundred Fourteen Thousand Seventy ($114,070) Dollars. Said Marital Residence is currently encumbered by a first mortgage with Fairbanks/Select Servicing. The parties acknowledge that the balance of the first mortgage at or around the date of the parties' separation was approximately One Hundred Eight Thousand Four Hundred Eighteen ($108,418.00) Dollars. The parties further acknowledge that the first mortgage with Fairbanks/Select Servicing is in both parties' names. Contemporaneously with the execution of this Agreement, Wife agrees that as part of this property settlement, she will convey any and all of her right, title and interest in and to said property to Husband, free of all encumbrances DJH t.x~[ Page 4 of 14 YKH~ SAID1S SI-IUff, FLOWER & LINDSAY 26 W. High Street Carlisle, PA except tile outstanding first mortgage, which Husband agrees to assume and pay in due course, amd that Wife will execute and deliver a Special Warranty Deed to Husband conveying any interest Wife may have in and to said property to Husband. As soon as administratively feasible after the signing of this Agreement, said Deed is to be recorded in the Recorder of Deeds Office in and for Perry County. Additionally, starting in 2006, Husband agrees to attempt to refinance the first mortgage into his own name at least once every calendar year. Until such time as Husband is able to refinance the first mortgage on the Marital Residence, Husband specifically agrees to hold Wife harmless with regard to all payments associated with the Marital Residence from the date of separation, forward, including, but not limited to the first mortgage payments, taxes, homeowner's insurance and repairs. Wife agrees to execute any and all documents, within five (5) days of a request to do so by Husband, in order to effectuate the refinance of the mortgage solely into Husband's name. (4) DEBT: Each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability for which the other of them, their legal representatives, or their property or estate may become liable; and each of them further covenants at all times to keep the other free harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as hereinafter provided. A. MARITAL DEBT: Other than those debts enumerated within this agreement, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. DJH Page 5 of 14 B: Except as otherwise herein provided, each of the parties will pay all current bills and outstanding bills incurred on or before the date of separation of the parties, July 1, 2001, to the same extent that he or she has been paying then in the past and neither party shall incur any unusual bill which will bind the other party. Wife hereby agrees to return to Husband any and all joint credit cards or charge plates that she may have in her possession. The parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the party who incurred said debts and the debt-incurring party shall save harmless the other party from any obligation or institutions of suit thereunder. POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on July 1, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (5) MOTOR VEHICLES: The parties acknowledge that Husband, individually, holds title to a 1989 Ford Bronco. Wife hereby relinquishes any right, title or interest she may have in and to the 1989 Ford Bronco. Husband shall acquire and maintain separate insurance on the 1989 Ford Bronco. Husband specifically agrees to assume full responsibility for and pay in due course, any encumbrance on Husband's 1989 Ford Bronco. Husband shall hold Wife harmless and indemnify Wife from any loss thereon. DJH ~ Page 6 of 14 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA The parties acknowledge that Wife, individually, holds title to a 1992 Ford Escort. This 1992 Ford Escort was formerly titled solely to Husband. Husband hereby relinquishes any right, title or interest he may have in and to the 1992 Ford Escort. Wife shall maintain separate insurance on the 1992 Ford Escort. Wife specifically agrees to assume full responsibility for and pay in due course, any encumbrance on the 1992 Ford Escort and Wife shall hold Husband harmless and indemnify Husband from any loss thereon. The parties further acknowledge that Husband, individually holds title to a 1987 Coleman Pop-Up Camper, which is currently in the possession of Husband. As part of this agreement, Husband hereby relinquishes any right, title and interest he may have in and to the 1987 Coleman Pop-Up Camper currently in possession of Husband. Within thirty (30) days of the date of this agreement Husband shall execute any documents necessary to have said vehicle properly registered in Wife's name with the Pennsylvania Department of Transportation. Wife shall maintain insurance on the Camper received by Husband as a result of this transfer, and shall hold harmless and indemnify Husband from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances,, tools and other household personal property between them, and they mutually agree that each party shall from and al~er the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individua~ossession of the parties hereto. DJH ~ Page7 of14 YKH//~/ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (7) INTANGIBLE PERSONAL PROPERTY: Each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including,, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401K plans, and the like. Wife acknowledges that the marital property of the parties includes any marital portion of Husband's Employee Stock Ownership Plan (ESOP) through his employment with D & H Distributing. The approximate value of Husband's ESOP with D & H Distributing as of April 18, 2001 was Thirteen Thousand Three Hundred Seventy-Six and 94/100 ($13,376.94) Dollars, all of which was vested. See Account Statement dated April 28, 2001, attached hereto as Exhibit "A" and incorporated herein by reference. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal of Husband's retirement, and any marital interest therein, and, notwithstanding san~e, Wife hereby forever waives and relinquishes any right, title, interest or claim she might otherwise have in and to Husband's aforesaid retirement plan through D & H Distributing. Husband acknowledges that the marital property of the parties includes any marital portion of Wife's retirement through her former employment as a civilian employee with the Federal Government. The approximate value of Wife's retirement is unknown. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's retirement account, and any marital interest therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title, Page 8 of 14 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA interest or claim he might otherwise have in and to Wife's aforesaid retirement account through the Federal Government. (8) LIFE INSURANCE: The parties hereto acknowledge that each party hereto has a life insm'ance policy through American General; however, there are no cash values to these policies. Each party will retain their respective separate policies and will be permitted to name anyone they wish as the designated beneficiary under their respective policies. (9) WAIVER of ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (10) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (11) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Wife, cognizant of her right to legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of this agreement. DJH ~ Page 9 of 14 YKH~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Each party acknowledges and accepts that this agreement is, under the cimumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (112) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliw,~r to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties hereto agree to file separate income tax returns for all ongoing years, specifically including 2004 and 2005. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement~ shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. DJH Page 10 of 14 YKH SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate o£the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, retirement accounts and businesses, some or all of which were acquired during the marriage and therefore .constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (1 ?) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18.) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other fi.om any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the part/es hereto that each party accepts the provisions herein made in lieu o£ and in full DJH Page 11 of 14 YKH SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of spousal support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party' releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future spousal support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and DJH ~ Page 12 of 14 YKH~ SA1D1S SHIIFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA future claims on account of spousal support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action to be filed between the parties. (20) SEPARABILITY of PROVISIONS: 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 continue in full force, effect and operation (21) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (22) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement shall be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enfomement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption. DJH ~ Page 13 of 14 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: yyonne K. Hilbert DJH I~Y Page 14 of 14 SAIDIS SHI/FF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J, HILBERT, Plaintiff No. 2004 - 2926 YVONNE K. HILBERT, Defendant CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 24, 2004. 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. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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. ~7-_~.~~ Date: ~o/0 ~ D'c~[~A~i /0 ' ;~ OU S J. LBERT, Plaintiff Sworn to and subscribed before me this ,-~'a'day o f ,, ~t~/9 ?t4'/l?/)c'/" , 2004. ublic co~uo~w~m oF N~ S~ [ C~p HH{ B~, Cum~d ~uu~ { My Co~ ss on E~ims Mg. 29, 2~8[ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J. HILBERT, Plaintiff No. 2004-2926 YVONNE K. HILBERT, Defendant CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 24, 2004. 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. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry ora Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unswom falsification to authorities. Date: Y,~tONNE K. HILBERT, Defendant Sworn to and subscribed before me this c~';~aY of ~d~, 2004. ~ , Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J. HILBERT, Plaintiff No. 2004 - 2926 CIVIL ACTION - LAW YVONNE K. HILBERT, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(ci OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 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. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: DOUGLAS J. HIL'BERT, Plaintiff SAIDIS SHUFF, FLOW~Ji & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J. HILBERT, Plaintiff No. 2004 - 2926 CIVIL ACTION - LAW YVONNE K. HILBERT, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c} OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand that a copy of the Decree will be sent to me immediately aRer it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to authorities. Date: YV,?ONNE K. HILBERT, Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J. HILBERT, Plaintiff YVONNE lC HILBERT, Defendant No. 2004 - 2926 CIVIL ACTION - LAW (ln Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and mariner of service of the Complaint: Defendant accepted service of the Complaint in Divorce by executing an Acceptance of Service on June 25, 2004. As required by Section 3301(c) of the Divorce Code, Plaintiff executed his Affidavit of Consent on September 23, 2004 and Defendant executed her Affidavit on September 24, 2004. The parties' respective Affidavits were filed on September 30, 2004. Related claims; pending: None. A Property Separation and Settlement Agreement was executed on September 24, 2004 and filed on September 30, 2004. As required by Section 3301 (c) of the Divorce Code, Plaintiff executed his Waiver of Notice form on September 23, 2004 and Defendant executed her Waiver on September 24, 2004. The parties' respective Waivers were filed on September 30, 2004. Date: ',~At[omey I.D. No. 8795z~''-~ 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS DOUGLAS J. HILBERT, Plaintiff OF CUMBERLAND COUNTY STATE OF ~r~ PENNA. NO. 2004-2~ ~civil Term) VERSUS YVONNE K. HILBERT~ Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND Yvonne K. Hilbert Douglas J. Hilbert 2004 IT IS ORDERED AND , PLAINTIFF, , 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. The parties' Property Settlennent and Separation Agreement dated September 24, 2004 is herein incorporated, but~n~d. PROTHONOTARY