HomeMy WebLinkAbout04-3409
If::, ORIGINAL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
KATHERINE L. HINSON,
Plaintiff
v.
WILLIAM R. HINSON,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wisb to
defend against tbe claims set fortb in tbe following pages,
you must take prompt action. You are warned tbat if
you fail to do so, tbe case may proceed witbout you and
a decree of divorce or annulment may be entered against
you by tbe court. A judgment may also be entered
against you for any otber claim or relief requested in
tbese papers by tbe Plaintiff. You may lose money or
property or otber rigbts important to you, including
custody or visitation of your cbildren.
Wben tbe ground for divorce is indignities or
irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage
counselors is available in tbe Office oftbe Protbonotary
at tbe Cumberland County Courtbouse, Carlisle,
Penusylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY,
DIVISION OF PROPERTY, COUNSEL ~'EES OR
EXPENSES BEFORE THE FINAL DECREE OF
DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, PA 17013
(717) 249-3166
NO. 04. - 34D'l
C.1~~l~~
CIVIL ACTION - LAW
DIVORCE
A VISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HAD SIDO DEMANDADO EN LA CORTA. Si
desea defenderse de las quejas expuestas en las paginas
siguientes, debe tamar aceion con prontitud. Se Ie avisa que
si no se defiende, el caso puede proceder sin usted y decreto
de divorcio 0 anulamiento puede ser emitido en su contra por
la Corte. Una Decision puedda tambien ser emitida eu su
contra por cualquier otra queja 0 compensadon reclamados
por el demandante. Usted puede perder dinero, 0
propiedades u otros derecbos importantes para usted.
Cuando la base para el divorcio es indignidadas 0
rompimiento irreparable del matrimonio, usted puede
solicitar consejo matrimonial. Una lista de conjeros
matrimoniales esta disponible en la oficina del Protbonotary,
en la Cumberland County Courtbouse, Carlisle,
Pennsylvania.
SI USTED NO RECLAMA PENSION ALlMENTIC1A,
PROPIEDAD MARITAL, HONORAillOS DE ABOGADO
U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO 0 ANULAMIENTO SEA
EMITIDO, USTED PUEDE PERDER EL DERECHO A
RECLAMAR CUALQUlERA DE ELLOS.
USTED DEBE LLEVER ESTA PAPEL A UN
ABOGADO DE INMEDIA TO. SI NO TIENE 0 NO PUEDE
PAGAR IN ABOGADO, VAYA 0 LLAME A LA
OFFICINO INDICADA ABAJO PARA AVERIGUAR
DONDE PUEDE OBTENER ASISTENClA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE L. HINSON,
Plaintiff
NO.
V.
CIVIL ACTION- LAW
WILLIAM R. HINSON,
Defendant
DIVORCE
COMPLAINT
AND NOW, this day of , 2004, comes the Plaintiff,
KATHERINE L. HINSON by her attorney, Diane G. Radcliff, Esquire, and files this
Complaint in Divorce of which the following is a statement:
COUNT I
DIVORCE
1. The Plaintiff is KATHERINE L. HINSON, an adult individual who currently resides
1927 Jody Lane, Cumberland County, Carlisle, Pennsylvania 17013 since June 1987.
2. The Defendant is WILLIAM R. HINSON, an adult individual residing at 856 West
Louther Street, Cumberland County, Pennsylvania 17013 since November 2002.
3. Plaintiff and Detendant have been bona fide residents in the Commonwealth for at least
six (6) months previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on August 6, 1983 at Trinity Lutheran Church,
Bedford, Bedford County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the Court require the parties to participate in counseling.
-2-
"
7. Defendant is not a member of the Armed Services of the United States or any of its
Allies.
8. Plaintiff avers that the grounds on which the action is based is the marriage is
irretrievably broken.
9. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce,
divorcing the Plaintiff and Defendant.
Respectfully sUbmi,tted~
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Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court In # 32112
Attorney for Plaintiff
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VERIFICATION
KA THERINE L. HINSON verifies that the statements made in this Complaint are
true and correct. KATHERINE L. HINSON understands that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
K~ i:~'~
KATHERINE L. HINSON
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE L. HINSON,
Plaintiff
NO. 04-3409
v.
CIVIL ACTION - LAW
WILLIAM R. HINSON,
Defendant
DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I, Diane G. Radcliff, Esquire, s,erved a true and correct copy of
the Complaint in Divorce upon the following named Detl~ndant addressed as follows by
Certified Mail, Restricted Delivery on the 22nd day of July 2004, the return receipt for which
mailing is attached hereto as Exhibit "A" and made a part hereof:
William R. Hinson
856 East Louther Street
Carlisle, PA 17013
Respectfully submitted,
E . RADCLIFF, E Q IRE
Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court In # 32112
Attorney for 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 pf the mailpiece,
or on the front if space permits.
1. Article Addressed to:
"
o Agent
o Addressee
Dyes
o No
D. Is delivery address d rent from item 1?
If YES, enter delivery address below:
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3. Service Type
.'I!("Certlfied Mall 0 Express Mall
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
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2. Article Number (C~o/ _from service label)
7tJf19 .3'Lfl4. tJM.3 7/0-'/ ? /.30
PS Form 3811, July 1999 Domestic Return Receipt
102595-99-M-1789,
EXHIBIT "A"
CERTIFIED MAIL RETURN RE:CEIPT CARD
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE L. HINSON,
Plaintiff
v.
NO. 04-3409
CIVIL ACTION - LAW
DIVORCE
WILLIAM R. HINSON,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 14,
2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated: /t::/~~ ~ y-
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~AM R. HINS~N, DEI<:~N;~NT
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
KATHERINE L. HINSON,
Plaintiff NO. 04-3409
v.
CIVIL ACTION - LAW
DIVORCE
WILLIAM R. HINSON,
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 330l(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses if! 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 verity that the statements made in this Waiver 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.
Dated: 1'/..1-1.b.t?~,y
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WILLIAM R. HINSON, DEl<'ENDANT
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE L. HINSON,
Plaintiff
v.
NO. 04-3409
CIVIL ACTION - LAW
DIVORCE
WILLIAM R. HINSON,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 14,
2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ofa final Decree in Divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated: ac.r. Q.. S ;;~sJa y
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KATHERINE L. HINSON, PLAINTIFF
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE L. HINSON,
Plaintiff
v.
NO. 04-3409
CIVIL ACTION - LAW
DIVORCE
WILLIAM R. HINSON,
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses if! 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 Waiver 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.
Dated: OCT. ~5 , t;.lOO"-t
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KA HERINE L. HINSON, PLAINTIFF
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€:I ORIGINAL
MARITAL AGREEMENT
THIS AGREEMENT made thisQ .11. day of :......., ,2004, by and between
Katherine L. Hinson, ("Wife") of 1927 JodyL;;e, Carlisle, PA 17013, and William R. Hinson
("Husband") of856 W. Louther Street, Carlisle, PA 17013.
WITNESETH:
WHEREAS, the parties hereto are husband and wife, having been married on August 6, 1983 in
f(l<'\N. C~u.t)~ffu;rd.County, Pennsylvania, and were separated in December 1999.
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vJ WHEREAS, Husband and Wife to live separate and apart for the rest of their natural lives, and want
to entered into this Marital Agreement to settle fully and finally their respective financial and property
rights and obligations as between each other including, without limitation by specification: the settling of
all matters between them relating to the ownership and equitable distribution of real and personal property;
the settling of all matters between them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims
and possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual promises and undertakings
hereinafter set forth, Wife and Husband, each intending to be legally bound hereby, agree as follows:
1. FINANCIAL DISCLOSURE. The parties confirm that each is fully aware of the identity and
approximately value of the parties' marital assets and debts and waive the right to have those assets
and debts further identified or valued as part of any proceedings between them.
2. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party waives all procedural
rights afforded a party to a divorce action regarding any economic claims that may be raised
between them including, but not limited to rights: (1) to obtain from the other party a complete
inventory or list of all of the property that either or both parties own at this time or owned as of the
date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to
compulsory discovery to assist in the discovery and verification of facts relevant to their respective
rights and obligations, including the right to question the other party under oath; and (4) to have a
Court hold hearings and make decisions on the matters covered by this Agreement, which Court
decision concerning the parties' respective rights and obligations might be different from the
provisions ofthis Agreement.
3. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and
Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the
estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all
right title interest and claim that he or she may have against the other party, the property (including
income and gain from property hereafter accruing) ofthe other or against the estate of such other,
of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may
- 1 -
have against such other party, the estate of such other party or the property of the other party or any
part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such
other or arising out of the parties' marital relationship.
4. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and
within five (5) business days of request, take any and all steps and execute, acknowledge and
deliver to the other party, any and all further instmments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect to the provisions of this Agreement.
5. INTEGRATION. This Agreement constitutes the entire understanding of the parties and
supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
6. FINAL EOUIT ABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of
all property and debts set forth in this Agreement is equitable and in the event an action in divorce
has been or is hereafter commenced, both parties waive and relinquish the right to divide and
distribute their assets and debts in any manner not consistent with the terms set forth herein and
further waive and relinquish the right to have the Court equitably divide and distribute their marital
assets and debts. It is further the intent, understanding and agreement of the parties that this
Agreement is a full, final, complete and equitable property division.
7. REAL ESTATE. The following shall apply to the parties jointly owned real estate known and
numbered as 1927 lody Lane, Carlisle, PA 17013:
A. Listin!!: The Real Estate shall be listed for sale with a mutually agreeable real estate broker.
The parties shall thereafter market and sell the Real Estate at the best price obtainable, the
parties further agreeing to follow all reasonable advice as to listing and sales price suggested
by their real estate broker.
B. Distribution of Proceeds: Upon the sale and settlement ofthe Real Estate, the net proceeds
derived, after payment ofthe Mortgage and all other normal and reasonable settlement costs,
shall be applied to the payment of the following, listed in order of priority ofpaymenl:
1. Mort~a!!e Reimbursement: Payment to Wife of the amount of $33,492.00as
reimbursement to Wife for her mortgage payments made since the parties' separation
in 1999;
2. ReDairs: Payment to Wife ofthe amount of$4,640.00as reimbursement to Wife for
the cost of repairs paid by her;
3. Payment to Husband: Payment to Husband of 50% of the remaining balance;
4. Pavrnent to Wife: Payment to Wife of 50% of the remaining balance.
8. DISTRIBUTION OF OTHER ASSETS AND DEBTS: All other assets (including, but not limited
to, household goods and furnishings, bank accounts, life insurance, stock, investment accounts and
- 2 -
~
plans, retirement plans, etc.) and debts (including, but not limited to, crcdit card accounts, loans
etc.) of the parties shall remain divided "AS IS", and there shall be no further distribution of such
assets and debts. Husband waives all right, title, interest and claim in Wife's assets and debts and
Wife waives all right, title, interest and claim in Husband's assets and debts.
9. WAIVER OF COUNSEL FEES. The parties waive any right and/or claim eaeh may have, both
now and in the future, against the other for counsel fees, costs and cxpenses.
10. ALIMONY. APL. AND SUPPORT. The parties waive any right and/or claim they may have, both
now and in the future, against the other for alimony, alimony pendente lite, spousal support and
maintenance.
11. BINDING EFFECT. By signing this agreement, each party acknowledges having rcad and
understood the entire agreement, and each party acknowledges that the provisions of this agreement
shall be as binding upon the parties as if they were ordered by the Court after a full hearing.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hercby, have signcd sealed
and acknowledged this Agreement the day and year below written, which Agreement has been executed in
various counterparts, each of which shall constitute an original.
WITNESS:
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(SEAL)
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KATHERINE L. HINSON
Date: ~. /3 I 0 .~
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WILLIAM R. HINSON
Date: t; -9'-0'-/
(SEAL)
- 3 -
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the ~ day of 'L'". _c ,2004, before me the undersigned ol1ker, personally
appeared, KATHERINE L. HINSON, known to me (or satisfaetorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes thcrein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
-~l""_ Co '_.'. ~t,\k(tt.} J
NOTARY PUBLIC
My Commission Expires:
NOTARIAL SEAL
LISA ANN HIGHLANDS, Notary Public
Ca~i.le 8crough, Cumberland County
Mv Commission Expires Aug. 20, 2005
COMMONWEALTH OF PENNSYL VANIA
SS.
COUNTY OF CUMBERLAND
On this the l day of , ~ U () ~ ,2004, before me the undersigned officer, personally
appeared, WILLIAM R. HINSON, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
o A A/v~ iY) -i0h/~
~ NOTARY PUBLIC {/
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAl SEAL
ANN NEIDIGH. Notary Plblic
CMisle Bore. Cumbel1and County
My CommlSSJOIl Expires Feb. 2, 2008
-.--------
- 4 -
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE L. HINSON,
Plaintiff
NO. 04- 3409
v.
CIVIL ACTION - LAW
WILLIAM R. HINSON,
DIVORCE
Defendant
PRAECIPE OF TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301 (c) of the Divorce Code.
2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
a. Date of filinQ of Comolaint: July 14, 2004
b. Manner of service of Comolaint: Certified MaillRestricted Delivery
c. Date of Service of Comolaint: July 22, 2004
3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE:
a. Plaintiff: October 25, 2004
b. Defendant: October 22, 2004
OR
DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND
DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT:
a. Date of Execution: NI A
b. Date of FilinQ: NI A
c. Date of Service: N I A
4. RELATED CLAIMS PENDING:
No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated June 9,2004,
which Agreement is to be incorporated into but not merged with the Divorce Decree.
5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY
OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(0)(1)(1) OF THE DIVORCE
CODE:
a. Date of Service: NI A
b. Manner of Service: NI A
OR
DATE WAIVER OF NOTICE IN SECTION 3301 (C) DIVORCE WAS FILED WITH THE PROTHONOTARY:
a. Plaintiff's Waiver: October 28, 2004
b. Defendant's Waiver: October 27, 2004
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
KATHERINE L. HINSON,
Plaintiff
No. 04-3409
CIVIL TERM
VERSUS
WILLIAM R. HINSON,
Defendant
DECREE IN
DIVORCE
it Jtr)"PA.
AND NOW,
~Jb
T
, IT IS ORDERED AND
2004
DECREED THAT
KATHERINE L. HINSON
, PLAINTIFF,
AND
WILLIAM R. HINSON
, 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 ORDE,R HAS NOT
YET BEEN ENTERED;
No issues are outstanding. All issues have been resolved and settled by
the ~artles' Marlta~ Agreement dated June 9, ~004, rl~ed or recora-an~
incorporated into, but not merged with, this Decree.
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PROTHONOTARY
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