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HomeMy WebLinkAbout10-3976JAIME D. BLACK, ESQUIRE Gates, Halbruner, Hatch & Guise, P.C. Attorney I.D. No. 200705 1013 Mumma Road, Suite 100 Lemoyne, Pa 17043 (717)731-9600 j .black@gateslawfirm.com ARLENE A. MARSHALL- HOCKENSMITH Plaintiff vs. MICHAEL HOCKENSMITH Defendant ' _r^ °, r^ f~,v~~. ~ . ~ `' Y 2Qlu ,.~`v~~ 1 ~ ~b~~, i I ~ c } CUP'y'~~_ - ~!~i-'Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ d - 3 y 7 ~ CIVIL TERM :CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe 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 divorce is indignities or irretrievable breakdown of the mamage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary at 1 Courthouse Square, Dauphin County Courthouse, Suite 100, Carlisle, Pennsylvania 17103. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17103 (717) 249-3166 OR (800) 990-9108 s'35~, Gd pd-~le 3 J~ • S4 et., t ~ ~ ~ ~b c~s'j"o ~ C~ Jam' f' 2`~ a.N3 7 4G JAIME D. BLACK, ESQUIRE Gates, Halbruner, Hatch & Guise, P.C. Attorney I.D. No. 200705 1013 Mumma Road, Suite 100 Lemoyne, Pa 17043 (717)731-9600 j .black@gateslawfirm.com ARLENE A. MARSHALL- HOCKENSMITH Plaintiff MICHAEL HOCKENSMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicano en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o caulquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importances para used. SED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17103 (717) 249-3166 OR (800) 990-9108 JAIME D. BLACK, ESQUIRE Gates, Halbruner, Hatch & Guise, P.C. Attorney I.D. No. 200705 1013 Mumma Road, Suite 100 Lemoyne, Pa 17043 (717)731-9600 j .black@gateslawfu-m.com ARLENE A. MARSHALL- HOCKENSMITH Plaintiff vs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ D ~ ~ ~ 7 t° CIVIL TERM MICHAEL HOCKENSMITH Defendant :CIVIL ACTION-LAW INDIVORCE/CUSTODY COMPLAINT UNDER &3301 OF THE DIVORCE CODE COUNTI 1. Plaintiff, Arlene A. Marshall-Hockensmith, resides at 76 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Michael Hockensmith, resides at 76 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 17, 2004 in Chambersburg, Pennsylvania, Franklin County. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff wishes dissolution of the marriage with Defendant based on an irretrievable breakdown of the marriage. 7. Plaintiff has been advised of the availability of counseling and that either party may compel the other by Order of Court to attend counseling sessions. 8. The parties to this action separated on Apri122, 2010 but have continued to live separate and apart within the same household. 9. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301 of the Divorce Code. COUNT II--EQUITABLE DISTRIBUTION 10. Plaintiff incorporates by reference Paragraphs 1 through 9 of the Complaint for Divorce as fully set forth herein. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980 and as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of marital property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III--CUSTODY 13. Plaintiff incorporates by reference Paragraphs 1 through 12 of the Complaint for Divorce as fully set forth herein. 14. There are two (2) children as a result of Plaintiff and Defendant's union. To wit, Nicholas M. Hockensmith, date of birth September 14, 2000 and Brandon M. Hockensmith, date of birth August 6, 2007. Nicholas M. Hockensmith was born out of wedlock. Brandon M. Hockensmith was born in wedlock. 15. During the last five years, Nicholas M. Hockensmith has resided with the following persons at the following addresses: Name Address Date Arlene A. Marshall-Hockensmith 76 Kensington Drive 12/09-present Michael Hockensmith Camp Hill, PA 17011 Brandon M. Hockensmith Arlene A. Marshall-Hockensmith 6025 Edward Drive 12/07-12/09 Michael Hockensmith Mechanicsburg, PA 17050 Brandon M. Hockensmith Arlene A. Marshall-Hockensmith 5029 East Trindle Road 1/03-12/07 Brandon M. Hockensmith Apartment 6 8/07-12/07 Mechanicsburg, PA 17050 Arlene A. Marshall-Hockensmith 5029 East Trindle Road 1/03-5/07 Michael Hockensmith Apartment 6 Mechanicsburg, PA 17050 16. Since birth, Brandon M. Hockensmith has resided with the following persons at the following addresses: Name Address Date Arlene A. Marshall-Hockensmith 76 Kensington Drive 12/09-present Michael Hockensmith Camp Hill, PA 17011 Nicholas M. Hockensmith Arlene A. Marshall-Hockensmith 6025 Edward Drive 12/07-12/09 Michael Hockensmith Mechanicsburg, PA 17050 Nicholas M. Hockensmith Arlene A. Marshall-Hockensmith 5029 East Trindle Road 1/03-12/07 Nicholas M. Hockensmith Apartment 6 8/07-12/07 Mechanicsburg, PA 17050 17. The Court of Common Pleas of Cumberland County, Pennsylvania, Family Division, has sole and exclusive jurisdiction in this matter, pursuant to the Uniform Child Custody Jurisdiction Act, and the Commonwealth Child Custody Jurisdiction Act for the following reasons: a) Cumberland County, Pennsylvania, has been the children's home county within six (6) months before the commencement of the instant proceedings. b) It is in the best interest and welfare of the children that the Court of Common Pleas of Cumberland County, Pennsylvania, assume jurisdiction because the children have a significant connection with this jurisdiction, and there is available in this jurisdiction substantial evidence concerning the children's present or future care, protection, training and personal relationships. c) No other state has jurisdiction in this matter under the requirements of the Uniform Child Custody Jurisdiction Act and the Commonwealth Child Custody Jurisdiction Act. 18. The Plaintiff has not participated in any capacity whatsoever in any other litigation concerning the custody of the minor children in this or any other state. 19. The Plaintiff does not know of any other person, than the Defendant herein, to have a claim to custody or partial custody rights with the minor child. 20. The Plaintiff submits that it is in the best interest and welfare of the children that the Plaintiff be granted custody of the children, and that the Plaintiff can best provide the minor children with a more stable, healthful, religious, and proper environment. WHEREFORE, Plaintiff prays that the Honorable Court grant custody of the minor children of the Parties to Plaintiff. COUNTIV-ADULTERY 21. Plaintiff incorporates by reference Paragraphs 1 through 20 of the Complaint for Divorce as fully set forth herein. 22. Plaintiff avers that in violation of their marriage vows and the laws of the Commonwealth of Pennsylvania, Defendant has committed adultery. 23. Plaintiff is the innocent and injured spouse. 24. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(2) of the Divorce Code. Respectfully submitted, GATES, HALBRUNER, HATCH & GUISE, P.C. 1 ~v 1~ Date: Vl Jaim~D.~ack, Esq., Of Counsel Atto ev or Plaintiff VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Arlene Marshall-Hockensmith o ~. „, ARLENF. A. MARSHALL-HOCKENSMITH PLAINTIFF ~-' . MICIIAGL HOCKENSMITH DI-:F'I~,NDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2010-3976 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Friday, June 25, 2010 _ ,upon consideration of the attached Complaint, it i~ l~~crei~} <lirccted that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, ~~i 39 West Main Street, Mechanicsburg, PA _17055 on Thursday, July 29, 2010 at 9 00 AM for ~~ Prc-I I~<u ins, C'~istody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he aceomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary Dreier. Fai liu~c to appear at the conference may provide grounds for entry of a temporaryy or permanent order. "i'hc court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. "I'HE COUR"i', Bv: /s/ Dawn S. Sunda Es . y - - Custody Conciliator ~fhc Court of Common Pleas of Cumberland County is required by law to comply with the Americans ~~ith [)i;ahilite; Act of 1990. For information about accessible facilities and reasonable accommodations z1~,3ilahlc to disabled individuals having business before the court, please contact our office. All arrangements mint be made <<t least 72 hours prior to any hearing or business befoi°e the court. 1'ou must attend the scheduled c~~n I~ercnre ~~r hearing. C3 ~ ~' `=i o YUl' SHOI;L,D 1AlkI THIS PAPER TO YOUR. ATTORNEY AT ONCE:=,. IF Y(~)O I~T ~-,~ HAV1 .~yN A l~"I~ORNFY OR CANNOT AFFORD ONE, GO TO OR TELEE'HONL THE Ol~~~,E S1~ _~~-~ (-"OR"I~! l BELOW TU FIND OUT WE-IERE YOU CAN CiET LEGAL HELP. ~~.;v ~ n - `Cumberland County Bar Association '<~ `- 32 South Bedford Street ~ ~ ~n ~-~4 Q _ - ter: 'i-~ ~ ~~QC1C. Carlisle, Pennsylvania 17013 ~ w Telephone (717) 249-~ 166 ~ , ~,s • t o vat; c.s:,. c~ ted -~ o ~~~ ~~~s~~o ~ cued ~ ~ s`~~ 4 ~ JAIME D. BLACK, ESQUIRE Gates, Halbruner, Hatch & Guise, P.C. Attorney I.D. No. 200705 1013 Mumma Road, Suite 100 Lemoyne, Pa 17043 (717) 731-9600 j .black@gateslawfirm.com ARLENE A. MARSHALL- HOCKENSMITH Plaintiff vs. MICHAEL HOCKENSMITH Defendant ~1,~ ~-f ~..1 ~ ii...I . :'-1 i:~~ 2010 ~.1~..i- - ! I,i~ ~' ~,p ~v - . i J v ~~~ y~ J r..= ~ ~ ~ i'L~,!ri 1 '~ 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3976 CIVIL TERM :CNIL ACTION-LAW IN DIVORCE PROOF OF SERVICE The undersigned makes the following return of service: the Divorce Complaint was served upon Michael Hockensmith on June 28, 2010 at 76 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Jaime D. Black, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, GATES, HALBRUNER, HATCH & GUI5E, P.C. Date: (p I ?J' U/jd BY• Jaime lack, Esq., Of Counsel Atto ev or Plaintiff ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: M. ~ c!1 a ~ I l~oc~n.cm ~ f~ 7~ ~Pr1.T l~'kI ~or Ca rn~ ~-~ 11 ~a J7a/I A. Signature ~_,,,.._ w ~ ~ ^ Agent X,f1,.'% "' ^Addre B. jiecel~d by (Qrl~t~d Name) C Date 9SR~ ~s delivery address different fiom fteri~l?~ ^ Yes If YES, enter delivery address below: ^ No 3. Service Type C~Certlfled Mail ^ Express Mail ^ Registered Return Receipt far Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number 7pp8 p150 ^D0~ 417 8254 (TFansfer from servke label) PS Form 3811, February 2004 Domestic Return Receipt ~oxsss-o2-M-~eao EXHIBIT N r ~ ti. Le i~ i ~ 'r ~ _, ,.~.~ ti":r, JAIME D. BLACK, ESQUIRE Gates, Halbruner, Hatch & Guise, P.C. Attorney I.D. No. 200705 1013 Mumma Road, Suite 100 Lemoyne, Pa 17043 (717)731-9600 j .black@gateslawfirm.com ARLENE A. MARSHALL- HOCKENSMITH Plaintiff vs MICHAEL HOCKENSMITH Defendant The undersigned makes the following return of service: the Order for Custody Conciliation Conference was served upon Michael Hockensmith on July 2, 2010 at 76 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Jaime D. Black, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. CU" - _ 1i1i~i 1~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3976 CIVIL TERM CNIL ACTION-LAW IN DIVORCE PROOF OF SERVICE n ~~f~ ,~~~ --j ~''~_ ~; ~E Respectfully submitted, ~~ Date: fl ~ ~ t By: GATES, HALBRUNER, HATCH & GUISE, P.C. ~~- Jaim~lack, Esq., Of Counsel Atto for Plaintiff ,.. ^ Complete items 1, 2, and 3. Also complete item 4 H Restricted Delivery Is desired. ^ Print your name and address on the reverse so that we can return the cans to you. ^ Attach this card to the back of the mailpfece, or on the front ff space permits. 1. Article A'ddrbssed to: (Gi'` R 2 ~ ~G~CPn S rYt 1 ~ to I~~ns~ n~ fan ~-- . ~,,,,~p 1-~.! f , ~U 1 ~vll a signature ~~'//'~~ /LL~j~ ,~O Agent X/~~ /? /~c~ o Addressee B~R~eiv by.(PrintedName) C of Delivery D. Is delivery address different from dterrr 1? ^ Yes It YES, enter delivery address below: ^ No 3. 7irpe Mail ^ Expras8 Mail [3~FegisUered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Deliver~R (Extra Fee) es 2. Article Number (transfer tram se-vk:e /e6e1) 7 Q Q$ 015 0 0 0 Q Q 410 7 8 3 4 6 PS Form 3811, Felxuary 2004 Domestic Retum Receipt 1025x5-o2-M-lsao EXHIBIT ARLENE A. MARSHALL- IN THE COURT OF COMMON PLEAS HOCKENSMITH CUMBERLAND COUNTY, PENNA Plaintiff vs. NO. 10-3976 MICHAEL HOCKENSMITH, CIVIL ACTION -LAW n Defendant IN DIVORCE c~ ,_.... fT1 :,_ F. ~ ~_.. PRAECIPE TO ENTER APPEARANCE ~,.: ~ ~ '~ ~, . -- ,~ -~, TO THE PROTHONOTARY: '"" ~=~ .~-- ~ -- ~"' ~-. ~ • • c° _; ,,_. .r~ Kindly enter the appearance of Alexis M. Miloszewski, Esquire, as attorney on beha~ of ~ the Defendant, Michael Hockensmith, in the above-referenced matter. DATED: `~ - (p - l Q Alexis M. iloszewski, Esquire I.D. No. 208931 Shaffer & Engle Law Offices 512 Market Street Millersburg PA 17061 (717) 692-2345 ARLENE A. MARSHALL- IN THE COURT OF COMMON PLEAS HOCKENSMITH CUMBERLAND COUNTY, PENNA Plaintiff : vs. NO. 10-3976 MICHAEL HOCKENSMITH, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Enter Appearance was sent by first class U.S. Mail to the following: Jaime D. Black, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17011 Attorney for Plaintiff DATED: ~('~ Alex s Miloszewski, Esquire Shaffer & Engle Law Offices 512 Market Street Millersburg PA 17061 (717) 692-2345 ARLENE A. MARSHALL-HOCKENSMITH Plaintiff VS. MICHAEL HOCKENSMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4909-6964. CIVIL ACTION LAW e?6to - 39?1p IN CUSTODY ORDER AND NOW, this 14th day of September, 2010 , the conciliator, having been advised by counsel for the parties that all custody issues have been resolved by agreement and that a Stipulation will be forwarded to the Court, hereby relinquishes jurisdiction. The custody conciliation conference originally scheduled for July 29, 2010 will not be rescheduled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator C7 I _ C I -' fTi m CD C C- M' ARLENE A. MARSHALL- : IN THE COURT OF COMMON PLEAS HOCKENSMITH : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : VS. NO. 2010-3976 CIVIL TERM `- MICHAEL HOCKENSMITH Defendant : DIVORCE/CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY The parties to the above captioned action, Arlene A. Marshall-Hockensmith and Michael Hockensmith, hereby stipulate and agree to the following custody arrangement regarding their minor children, Nicholas M. Hockensmith, date of birth September 14, 2000, age 9, and Brandon M. Hockensmith, date of birth August 6, 2007, age 3. 1. Legal Custody The parties shall have shared legal custody of Nicholas and Brandon. 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 interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party 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 pursuant to 23 Pa. C.S. 5309. 2. Physical Custody: The parties agree to share custody as follows: a. Mother, Arlene A. Marshall-Hockensmith, shall have primary physical custody of the minor children for three months commencing the first day the parties are physically separated and living apart. During this initial three month period, Father shall have partial custody of the children on alternating weekends from Friday after school until Sunday at 5pm. On the alternating weeks Father does not enjoy custody of the children, he shall be permitted custody of the children from Tuesday after school until Thursday morning when he takes the children to school. b. At the end of the three months, the parties shall revert to a shared physical arrangement of week on/week off, with the parties exchanging custody on Sundays at 5pm. The noncustodial parent shall enjoy two weekly dinners with the children during their non- custodial week, which shall take place on Tuesdays and Thursdays from after school until 7:OOpm. c. It is understood that the minor children's homework shall be completed with the party then having physical custody. d. It is the intention of the parties that at least Mother and/or Father remain residing in the West Shore School District so that the children can continue to attend in the district. Page 2 of 7 3. Summer Vacation: During the summer months, the parties agree to enroll Nicholas in a summer day camp. The parties agree to enroll Brandon in a summer day camp. Each party shall be entitled to two (2) nonconsecutive, full weeks of uninterrupted custody. It is understood that a week is defined as seven (7) days and this custodial time must be exercised during each parties' custodial visitation. The parties agree to provide the other with at least thirty (30) days written notice of his or her intention to exercise said custodial period. Both parties agree to be flexible and accommodating in the other parties' summer vacation plans. 4. Holidays: The parties shall share the following holidays: Easter, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. Times will be mutually agreed upon by the parties. In the event that the parties are unable to reach an agreement regarding the holiday schedule, the holidays shall be alternated as follows: a. In the even years, Mother shall have Easter, July 41h and Thanksgiving and Father shall have Memorial Day and Labor Day. In the odd years, Mother shall have Memorial Day and Labor Day and Father shall have Easter, July 41h and Thanksgiving. The holiday visitation period shall commence at 9:00 a.m. the morning of the holiday and shall extend until 8:00 p.m. the day of the holiday. b. Christmas shall be divided into Segment A and Segment B. Segment A shall begin December 22 at 9:00 a.m. until Christmas Eve at 9:00 p.m. Segment B shall begin Christmas Eve night at 9:00 p.m. and extend through December 26 until 9 a.m. Father shall always have Segment A. Mother shall always have Segment B. c. Father shall have custody of the minor children on Father's Day from 9:00 a.m. until 8:00 p.m. Mother shall have custody of the minor children on Mother's Day from 9:00 a.m. until 8:00 p.m. Page 3 of 7 d. The holiday schedule shall take precedence over the regular custody schedule. e. The parties shall share the minor children's birthdays. 5. Transportation: It is agreed that transportation shall be shared between the parties and the parent whose visitation is about commence shall provide the transportation. 6. Relocation: The parties agree that no party shall relocate from their current geographic area if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation would result in a change of school, or exceed a fifty (50) mile radius from his/her residence once the parties move out of the martial home without (a) such party's first giving prior written notice to the other parties not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, any party may seek modification of the terms of this custody Order by filing a Petition to Modify Custody with the Prothonotary. 7. Travel Out of State: Should either party wish to travel out of state with the minor children, the party seeking to travel with the child shall provide the other party with at least 48 hours notice of that intention prior to taking the trip. Such trip is to be limited to seven (7) days, unless both parties otherwise in writing. 8. During any period of custody or visitation, the parties agree not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. The parties agree not to smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. All smoking shall take place outside of the home when the children are in each parties' respective custody. Page 4 of 7 10. The parties agree that each shall be entitled to reasonable telephone and/or email contact with the minor children when they are in the custody of the other party. The parties agree to provide to one another an emergency contact telephone number, email address or contact person. 11. The parties agree to supply the other with his or her complete contact information, including but not limited to residential address, cell phone numbers, home telephone numbers, and employer's phone numbers. Should any of the aforementioned information change, each party has five (5) days from the date of the change to notify the other party. Each party shall make every reasonable effort to ensure they can reach and be reached by the other party concerning issues relevant to the minor children. 12. The parties agree to organize ways for the minor children to maintain their friendships, extracurricular activities and other special interests, regardless of in which household they may be. The parties also agree that toys, clothing, etc. will not become matters of contention. 13. The parties agree not to register the children for any extracurricular activities without first consulting with and obtaining the permission of the other party. 14. The parties agree to refrain from making derogatory comments about the other in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 15. The parties shall agree to refrain from encouraging the children to provide reports about the other party. Communication should always take place directly between the parties, without using the children or others as an intermediary. 16. The parties agree to be flexible regarding the physical custody schedule. The parties agree to cooperate and be flexible to accommodate their respective schedules as well as the children's schedule. Page 5 of 7 17. Parties shall permit and support the children's access to family relationships and events (funerals of immediate family members only, graduations, reunions, etc.). Events will be accommodated by both parties with routine periods of custody resuming immediately thereafter. Each party shall have the option of proposing time or date variations to the other party when special recreational options or other unexpected opportunities arise. 18. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interest of the children. 19. The parties agree that the children should be protected from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior or violent propensities). The parties shall, to the extent possible, avoid contact with such individuals of poor character. 20. The children are currently receiving counseling from Wendy Wood at Cumberland Valley Counseling Association. The parties agree to continue to allow the children to see Ms. Wood for the purpose of helping the children adjust and transition through the divorce and custody process. The parties agree to follow the recommendation of Ms. Wood with respect to the children and how to help the children deal with the divorce of their parents and any treatment Ms. Wood recommends to that effect, specifically agreeing to not have the children spend overnight visitation with individuals of the opposite sex who are not family members of Mother or Father, until Ms. Wood recommends otherwise. The parties agree not to try and impair Ms. Wood's contact or communication with the other parent. Both parents agree to communicate with each other regarding Ms. Wood's recommendations and treatment. The purpose of Ms. Wood's involvement is that of the children's counselor and not of a custody evaluator. The Page 6 of 7 parties agree to participate in therapeutic family counseling. The parties agree to attend at least eight (8) sessions, or as many sessions as insurance would provide for (whichever is less) with a mutually agreed upon counselor. 21. The parties agree that this Stipulation and Agreement shall become an Order of Court. IN WITNESS WHEREOF, the Parents, intending to be legally bound hereby, have set their hands and seals the day and year written below. Jaime .B &, l~ q., Atty for Mother 41e jilio?szewsl&, Esq., ?Attttyfforr Father w1w, Arlene Marshall-Hockensmith, Mother Date: Michael Hockensmith, Father Date: q;" Page 7 of 7 ARLENE A. MARSHALL- HOCKENSMITH Plaintiff vs MICHAEL HOCKENSMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, N ~ c © -n . ~a o ° m~ NO. 2010-3976 CNIL TERM ~ ~ c -s _.., . ~ ~ b ~ ~ ~ ~. r- z 'i t~ DIVORCE/CUSTODY ~~ ~ ~? s;,c -- ~s ORDER OF COURT ~ n7 ~' ~ ~ AND NOW, this ~8 • day of p ~,htb,y-- , 2010, it is hereby ORDERED and DECREED that the attached Custody Stipulation is entered as an Order of this Court. BY THE COURT: ~~ J. Distribution: Jaime D. Black, Esq., 1013 Mumma Road, Suite 100, Lemoyne, PA 17043, Attorney for Plaintiff ~exis M. Miloszewski, Esq., 512 Market Street, Millersburg, PA 17061, Attorney for Defendant .~ P'!rl ;t ~ ~~~ (U ~~~(~ ~~lN~ acT 1~ 20,~~ ~..> _ P+~s.~r.-... i - i ,~ ~ L _. ``~ (` _ _ C.... '..7 ~ [ ~ Y __ --~ :,, :_~ -~; ~ :y~' cn { S ARLENE A. MARSHALL- : IN THE COURT OF COMMON PLEAS HOCKENSMITH : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 2010-3976 CIVIL TERM MICHAEL HOCKENSMITH Defendant :CIVIL ACTION-LAW IN DIVORCE ::u -U rq r v tr, _ C-) -<-, - -tc? MARRIAGE SETTLEMENT AGREEMENT C= r-0 M THIS AGREEMENT, made this day of Marci^ 2011, by and between Mtlene_: Marshall-Hockensmith, of 76 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Michael Hockensmith, of 76 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 17, 2004; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby Page 1 of 11 f ? acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The Parties acknowledge that they have had the opportul*y tavv independent legal advice from counsel of their selection. They fully understand the facts jAaFbe8Rf= informed as to their legal rights and obligations. They acknowledge and accept that this A iypent is -? ra the circumstance fair and equitable and that it is being entered into freely and voluntarily, afte aV g D. ' - •_ -rte received such advice and with such knowledge and that execution of this Agreement is not the resuk of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEPARATION. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other party. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either party. The parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties and may be enforced in an action independent of the Divorce Decree. The parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action Page 2 of 11 independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the parties shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section of the Pennsylvania Divorce Code. 5. INTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and hold harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and hold harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Page 3 of 11 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the parties. a. REAL PROPERTY. Husband and Wife hold title as tenants by the entireties the residence identified as 76 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania (the "marital residence"). The parties agree to sell the residence and equally share any proceeds that may result from the sale of the home. At the time of the execution of this agreement, the parties have enlisted the services of a real estate agent and listed marital residence for sale. The parties will remain residing in the residence until the home is sold and be responsible to maintain the residence in good condition. Both Page 4 of 11 `parties agree to cooperate fully with each other to effectuate the sale of the marital residence. While the parties reside in the residence pending the sale of the home and commencing September 1, 2010, Husband agrees to be responsible to pay the monthly water bill, the monthly Comcast bill, and the fees assessed and due from Lower Allen Township and Wife agrees to be responsible to pay the monthly PP&L bill, the gas bill with UGI, and the pet insurance. There are two past due utilities: PP&L and Comcast. Husband agrees to be responsible for the past due charges accrued for the month of July 2010 and the parties agree to equally share responsibility to pay for any past due charges accrued for the month of August 2010. Husband agrees to pay for any and all past due charges prior to the September 2010 bill for Comcast services. b. PERSONAL PROPERTY. The parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home. Neither party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either party. A list of these items retained by the parties has been attached to this agreement as "Exhibit A." c. MOTOR VEHICLES. Husband is currently in possession of a 2004 Honda Accord. Wife currently is in possession of a 2003 Dodge Neon. Effective the date of this agreement, the parties agree that each vehicle in their possession shall be owned independently of any claim or right of the other parry, now or hereafter belonging to him or her and now or hereafter in his or her possession, with full power to dispose of the same as fully and effectually as though he or she were unmarried. Further, each waives and relinquishes any right, title and interest which either may have in such property. Wife agrees to relinquish any and all rights she may have in the 2004 Honda Accord. Husband agrees to relinquish and all rights he may have in the 2003 Dodge Neon. Effective the date of this agreement, the parties agree that each shall be solely responsible for any and all costs, payments, and liabilities associated with the aforementioned vehicles in their respective possession. Each party agrees to hold the other harmless Page 5 of 11 for any liability or cost with respect to the aforementioned vehicles he or she has in their possession. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon request of either party. d. MARITAL DEBT. Husband and Wife have accumulated the following debt during the course of their marriage: • Target, Account in Husband's name in the amount of $475.00 • Target, Account in Wife's name in the amount of $2,422.00 • JcPenney, Account titled jointly in the amount of $1,336.00 • Modern Home Furniture, Account titled jointly in the amount of $848.00 • Sears MasterCard, Account in Wife's name in the amount of $473.00 • YMCA (son's day camp - in collections), Account in Wife's name in the amount of $114.00 • OIP, Account in Husband's name (Husband's medical bills) in the amount of $126.00 • OIP, Account in Husband's name in the amount of $23.00 • Dr. Pastuka (son and Wife's dental bills), in the amount of $320.00 • Member's 1St, Account in Husband's name in the amount of $1,200.00 Wife agrees to assume sole financial responsibility for the Sears MasterCard, Modern Home Furniture, YMCA, JcPenney, and half ($160.00) of the dental bill with Dr. Pastuka. Wife agrees to hold Husband harmless to any liability, cost, or claim associated with the aforementioned debts. Husband agrees to assume sole financial responsibility for both the Target credit card in his name and the Target credit card in Wife's name, the OIP bills, the Members 1st loan, and half ($160.00)of the dental bill with Dr. Pastuka. With respect to the dental bill, in anticipation of the parties working out an arrangement with the dentist, the parties agree to alternate monthly payments of fifty dollars ($50.00) until each satisfies their portion of the debt. In absence of a mutually suitable arrangement with the dentist, the parties agree to each remit their half of the payment to the dentist within sixty (60) days of execution of this agreement. The parties each acquired student loan debt during the course of their marriage. Husband and Wife agree to each be Page 6 of 11 solely responsible for the payment, cost, and liability of their respective student loan debt. Lastly, the parties acknowledge that Husband acquired a television from QVC, which still has an outstanding balance. This debt is titled only in Wife's name. Husband agrees to satisfy this outstanding balance by no later than September 10, 2010 and to hold Wife harmless from this liability. If Husband satisfies the balance by the aforementioned date, the parties agree Husband may assume possession of the television. If the outstanding balance with QVC is not paid by September 10, 2010, then Wife shall retain possession of the television. e. BANK AND FINANCIAL ACCOUNTS. Husband has a checking account with Patriot Federal Credit Union and Wife has a checking account with F&M Trust. The parties hereby waive, release, and relinquish any and all rights, title, and interest either may have in and to the other's separately titled bank and financial accounts; including, but not limited to, checking, savings, certificates of deposit, money markets, and financial investment accounts of whatever kind and nature, and neither shall make any claim against the other's property now or in the future. Except as otherwise set forth herein, all personal property that is titled in the name of Husband and Wife, such as bank accounts, credit union accounts, stocks, mutual funds, bonds, securities, and the like are to be closed or have been closed and or/ distribution to the parties upon mutual satisfaction. All accounts in Husband's name shall be the sole and separate property of the Husband and all accounts in Wife's name shall be the sole and separate property of Wife. f. ALIMONY. The parties hereby forever waive, release, and relinquish any right or claim he or she may have to seek alimony, alimony pendent lite or spousal support from the other. g. TAXES. The parties agree to utilize the services of a tax professional and follow his or her direction with how to file their taxes for the 2010 tax year that will produce the best financial outcome. Any income return the parties receive, if it is determined by the tax professional that they should file jointly, will be equally split between the parties. For the 2010 tax year and all subsequent tax year, the parties agree to obtain a statement from the children's daycare or child care provider detailing the Page 7 of 11 amounts each party paid toward the children's care at the facility. The parties shall each be able to claim their respective payments to the daycare or child care provider on tax returns, regardless of which child the parties' payments benefited. Additionally, Wife shall claim Brandon as a dependant and Husband shall claim Nicholas as a dependant, along with the amount each party paid to the childcare facility or child care provider. Once Nicholas can no longer be claimed as a dependant, the parties agree to alternate claiming Brandon as a dependant on their taxes, assuming the parties are utilizing a shared physical custodial arrangement. 11. WAIVER OF CLAIMS AGAINST ESTATE. 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 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, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who 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 interests, rights and claims. 12. BREACH. If either Party breaches any provision of this Agreement, the other Party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her, and the Party breaching to this Contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. Page 8 of l 1 13. 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. 14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 17. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. Page 9ofII IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. ?6, All&&ff f Arlene Marsh 1-Hockensm' (SEAL) Michael Hockensmith Page 10 of 11 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: On this, the i day of ZZZ6YAf A , 204, before me, a Notary Public, the undersigned officer, personally appeared ARLENE MARSHALL-HOCKENSMITH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. i-eUl c_ (SEAL) - - ?" Z - Notary Public STATE OF P nnsUlyarka COUNTY OF )?n My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Traci L. Sepkovic, Notary Public ss: Lemoyne Boro, Cumberland County My Commission Expires March 18, 2012 Wiember, Pennsylvania Association of Notaries On this, the 4 day of 2010, before me, a Notary Public, the undersigned officer, personally appeared MIC AEL HOCKENSMITH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. (SEAL) Notary Public My Commission Expires: NOTARIAL SEAL MELISSA E WISE MILLERSBURG BORO Public 0 My COMMI8SI0n EXplres Ju?23,C0UN1Y 2012 Page 11 of 11 Arlene and Michael Hockensmith Combined Living Room Couch and loveseat-MH RCA-TV-AMH Entertainment Center-AMH End Tables -AMH Coffee Table AMH Lamps AMH Buffet Table AMH Sectional Couch AMH Household Pictures AMH and MH will split Arlene's Curio Cabinet w/ contents- AMH Household Rugs AMH DVD holders AMH Wii (for boys) AMH Carpet Cleaner AMH DVDs AMH and MH Arlene's CDs AMH Panasonic DVD player with Recorder AMH Household Curtains AMH Sports cabinet w/contents MH Sony Dvd player MH Play Station 2 w/game MH Xbox w/games MH Speaker stands MH Home Theater MH LG 46in TV MH Outside Furniture Patio Furniture/Umbrella- AMH One hose (w/ holder) AMH Arlene's bike AMH Michael's bike and 1 bike for Nicholas Remaining Children's bikes AMH Beach Chairs AMH Snow shovel AMH 2 Tool boxes AMH gets one, MH gets one Other items in shed like lawnmower, snowblower AMH and MH will discuss and split Water cooler-MH Grill- MH Air Conditioner-MH Sears Washer/Dryer-AMH Washer that came with house MH Sears Freezer-AMH Arlene's Cabinet-located in garage-AMH Kitchen Kitchen Table AMH Table Mats AMH Utensils AMH and MH will split Dishes/Wash Rags/Pots and Pans AMH and MH will split Dish Rack AMH Pressure Cooker AMH Electric can opener MH Blender-AMH Toaster-AMH Breadbox- AMH Filing Cabinet AMH Computer AMH Computer Desk AMH Desk Chair AMH Mike bedroom Shelf for clothes Sneakers 2 football helmets Mother's Hutch in garage Mother's box of dishes on the hutch Mother's White tea pot Mother's Crystal bowl Digital Video Camera Mike's digital camera Hair Clippers Arlene Bedroom Bed frame w/ mattress Night Stand Two dressers Rug Pictures/d6cor Lamp TV Elliptical Machine Children's Rooms All contents-AMH Holiday Decor AMH and MH will split Miscellaneous items-items located in attic and shed AMH and MH will split ARLENE A. MARSHALL- HOCKENSMITH Plaintiff vs. MICHAEL HOCKENSMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA NO. 2010-3976 CIVIL TERM rnm =' ? fT7 X? 4 f-°. r :CIVIL ACTION-LAW IN DIVORCE ' AFFIDAVIT OF CONSENT C::0 N ° 1. A Complaint in Divorce under the Divorce code was filed on June 16, 2010, on the grounds that the marriage of the parties is irretrievably broken and served on Defendant via certified mail on June 28, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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. 5. 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: Arlene Marshall-Hockensmith ARLENE A. MARSHALL- HOCKENSMITH Plaintiff VS. MICHAEL HOCKENSMITH Defendant ? ca IN THE COURT OF COMMON PLEAS =m CUMBERLAND COUNTY, PENNSYLV -<> -a C-n NO. 2010-3976 CIVIL TERM =C ) C:: N ?733 ` :CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (c) OF THE DIVORCE CODE 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 unsworn falsification to authorities. J_ Nxi(u ?A''11'ok - W"If Date: I?? 1'1 Arlene Marshall-Hockensmith, Plaintiff ARLENE A. MARSHALL- HOCKENSMITH Plaintiff VS. MICHAEL HOCKENSMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-3976 CIVIL TERM :CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on June 16, 2010, on the grounds that the marriage of the parties is irretrievably broken and served on Defendant via certified mail on June 28, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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. 5. 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 unswom falsification to authorities. Date: Sl 2- Michael Hockensmith, Defendant an r' zm ' r 70 r _C-d a7J ARLENE A. MARSHALL- HOCKENSMITH Plaintiff VS. MICHAEL HOCKENSMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3976 CIVIL TERM :CIVIL ACTION-LAW 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. 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 unswom falsification to authorities. zX / 1194- Date: 5-12-111 Michael Hockensmith, Defendant mm ? ?- n- °w - M ::U c; ;Z:) 1 ---i r-- {r__ -n r_s ?Z-n rte' c= uc 5>? rv n? Arlene Marshal l-Hockensmith V. Michael Hockensmith DIVORCE DECREE AND NOW, /hs.. /7' Z-4 , it is ordered and decreed that Arlene Marshal l-Hockensmith Michael Hockensmith bonds of matrimony. plaintiff, and defendant, are divorced from the 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.") None. The parties have settled their claims through the execution of a Marriage Settlement Agreement filed with this Court on March 11, 2011. Said agreement shall be incorporated but not merged herein for the purposes of enforcement and confirmation of the legal obligations undertaken by and between the parties in this Divorce Action. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3976 By the Court, ? f? ?' rho /nsz , Ile