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HomeMy WebLinkAbout01-2453 KATHLEEN M. DUPIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 01-2453 Civil Term WILLIAM HICKS, Defendant IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit .wi thin twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE NOTICE 1. The parties to this action separated on June 22, 2002 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Jv.r);( .;200 <j f Mfn,)11-~ /Kathleen M. Du n, Plaintiff KATHLEEN M. DUPIN, Plaintiff IN THE COURT OF r:OMMOll PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW v. NO. 01-2453 Civil Term WILLIAM HICKS, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretriev~bly broken. 2. Check either (a) or (b): (a) I relief. alimony, expenses granted. do not wish to make any claims for economic I understand that I may lose rights concerning division of property, lawyer's fees or if I do not claim them before a divorce is (b) I wish to claim economic relief which may include alimony, di vision of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic- claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in true and correct. I understand that false subject to the penalties of 18 Pa.C.S. falsification to authorities. thi s counter-affidavit are sta.tements herein are made ~4904 relating to unsworn Date: William Hicks, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2453 CIVIL TERM IN DIVORCE KATHLEEN M. DUPIN, Plaintiff WILLIAM HICKS, Defendant PETITION FOR EQUITABLE DISTRIBUTION. COUNSEL FEES AND EXPENSES UNDER THE DIVORCE ICODE AND NOW comes the Plaintiff, by and through her attornelYs, Tucker Arensberg, P.C., and petitions this Honorable Court as follows: COUNT I: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE; 1. Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate which is subject to equitable distribution by this court. 2. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marria!~e which are subject to equitable distribution by this court. 3. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT II: CLAIM FOR COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 4. Plaintiff does not have sufficient funds to support hl3rself and pay counsel fees and expenses incidental to this action. 5. Defendant is full well and able to pay Plaintiff's counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Equitably distributing all property owned by the parties hereto; B. Directing the Defendant to pay Plaintiff's counsel fees and the costs of this proceeding; and C. For such further relief as the Court may determinEl equitable and just. Respectfully submitted, J~, /Sandra L. Meilton, squire PA 1.0. No. 32551 TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box :689 Harrisbur!l, PA 17108 (717) 234-4121 Attorneys for Plaintiff, Kathleen M. Dupin VERIFICATION I verify that the statements made in this Amended 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. ../../!.t 41. hleen M. Dupin I Dated: 'f-J!.6'! CERTIFICATE OF SERVICE 'J'AV&( ~ AND NOW, this R'> J day of I):y:jbn ,2004, I, Shaun M. Kovach, secretary to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first c;lass mail, postage prepaid, addressed as follows: William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 ~fv~ Shaun M. Kovach 71944.1 p ~ it) ~ !i- t 0 0- n "" ~ " <...., = I c => ~ ~ or- ;r,: (l") ~::n ~ ""Ocr) fTl nln", rn~ <<0 -:l"'"r', -u -, -'. -0 -i"~ , N :0 - 0, -J ~~o :t::) r:: ::r:~ <c. :<>- a: ~C) ::J: ~J( ~o ('"")rn c: -- -:'"1 ~ .. ~. r- c.n ':b '< ~ '- . KATHLEEN M. DUPIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW c: NO.Ol - .J'iSJ S, ilBB1 c'u~l l~ IN DIVORCE WILLIAM HICKS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A jUdgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may 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 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, 1 Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 TUCKER ARENSBERG & SWARTZ Dated: 4-aS'-cj By: ,j~4'ld 1c:::rY1 ~ -' Sandra L. Mell [[: Attorney I.D. No. 32551 111 North Front Street P. O. Box BB9 Harrisburg, PA 1710B-OBB9 (717) 234-4121 ATTORNEYS FOR PLAINTIFF . - KATHLEEN M. DUPIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW S ,c..;.;J T....... NO. (l1-.l y-;?~ WILLIAM HICKS, Defendant IN DIVORCE COMPLAINT UNnER SECTION 3301 (c) OF THE DIVORCE com;: 1. Plaintiff is Kathleen M. Dupin, an adult individual who is sui juris and resides at 470 A Ridge Road, Lewisberry, Cumberland County, Pennsylvania 17339. sui j uris and resides at 42 North Enola Drive, Enola, Dauphin County, 2. Defendant is William Hicks, an adult individual who is Pennsylvania 17025. The present whereabouts of the Defendant, William Hicks, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 22, 2000 in Harrisburg, Pennsylvania. annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to partiCipate in counseling. 7. The Defendant is not a member of the Armed Services of 5. There have been no prior actions of divorce or for the United States or any of its Allies. B. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. " . A. WHEREFORE, Plaintiff requests the Court to enter a Decree: Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ By: . Lfif-ldt1~ ~ San ra L. Milton P.O. Box BB9 Harrisburg, PA 1710B (717) 234-4121 Attorney for Plaintiff . - Verification I verify that the statements made in this 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. Dated: 31f, () ( 37273 .1 ~ ok, ~ R ~ ~ \~.~ . lit!"l :: ~ d B a ~ [; , I ~ ~ ~~ J't I." 'I o C'> -" "" , ;g /~? N C"' (") c ~ -crr; rnn", -.r-.... zr" ~'r'" .;;.(:/. ~u -0 ~~c:: ::::: ~~ t:':' ~ :'; .:..::....; .' ~ .-( ~ .:~r:~ ;:;~A CJ -, ::>- :Xl ..... ..... . 9 KATHLEEN M. DUPIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM HICKS, NO. 01-2453 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. AND NOW, this 9th day of May, 2001, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Shaun M. Kovach, who, being duly sworn according to law, deposes and says that she is the secretary for Sandra L. Meilton, who is the attorney for the Plaintiff and that shemailedaDivorcecomplaintonAPri130.2001.to Mr. William Hicks, 42 North Enola Drive, Enola, PA 17025, by Certified Mail No. 7099 3400 0016 3623 8270, return receipt requested, and the Return Receipt Card, which is attached hereto. same was received by Mr. Hicks on May 3, 2001, as indicated by the ~JI#\?YI. 1f1!a.cA Shaun M. Kovach SWORN TO AND SUBSCRIBED before me, this 9th day of May 2001. c. Notarial Saal Paulina Patti Thomas. Notary Public Harrisburg. Dauphin County My Commission Expires Mar. 24, 2003 MemtlfH. "'t2n.1.':-ylv::;~I"'; ,._ :-aCla'lon at Nolanas U.S. Postal Service CERTIFIED MAIL RECEIPT (001111",/1(; M,ul Dilly No Illsur,1n((' COllerdye Provided) C l'- ,.~ "" IT1 r.. ...D IT1 POSIBg'J S CertrtleclFee RllIUm Receipl Fee ..D (Endorsement Requll'8di ...... C Reslrlcted Delivery Fee e (Endcn;smenl ReqUlredl 4--- -gr:o I c c ~ m'~~~~:'.7~.~.~~~:'.nnnn....... ~ :~::n~~~.~.,.uuuuuuuuuuu. ~ CtX;6~'rA p tA- I 1()4-5' TobII ......g. . F.. i '. I I Ii I a. E 8 SENDER: c CoqJIeIe i1em11 8I1Ci'or 2 lor addIbonaIlI8fVic8s. ~iI8rra3.4a,n4b. C PrInI your name and adct-. on 1M nMlr&8 oIlhis form 10 lhat WI can relum llis card to you. IJ Attach It.. fonn 10 the IIont allh, mailpiece, or on the back if .pace doH not pennl. e Write -Retc.m Rec:e;pr RequMsd"on Ihlll'lllilplece bIkM Ih8 arIicI, nurmer. D The Return ReceipI willihow' 10 wham the el1iCII W8I d81v8RlC1 and the date delivered. 3. Article Addressed to: Mr. William Hicks 42 North Eno1a Drive Eno1a, PA 17025 !I l .!I PS Fann 3811, Decembe, 1894 I also wtsh to receive lI1e foNow.. ing services (far an extra fee): 1. 0 Addressae's Address 2.~eslrlctad Delivery 48. Artide Number 4b. Service Type XX o Registered _.llCer1ified o Express Mail G Insured KDietum Receipt for Merchandise 0 COO 7. Date of Delivery '............... Domestic Relum Recelpl + - I I , r j J! ! .. " ! KATHLEEN M. DUPIN, : IN THE COURT OF COMMON PLEAS OF PlaintifflRespondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2453 Civil Term WILLIAM HICKS, : _ IN LAW DefendantlPetitioner : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may loose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary. First Floor. Cumberland County Courthouse. I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KATHLEEN M. DUPIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2453 Civil Term WILLIAM HICKS, : _ IN LAW Defendant/Petitioner : DIVORCE COMPLAINT I PETITION FOR ALIMONY PENDENTE LITE. COSTS, COUNSEL FEES AND ALIMONY AND NOW COMES the Defendant/Petitioner, WILLIAM R. HICKS, by his counsel, William L. Grubb, Esquire. and complains of the Plaintiff/Respondent, KATHLEEN M. DUPIN, as follows: I. The Defendant/Petitioner, William R. Hicks, is an individual residing at 42 North Enola Drive, Enola, Cumberland County, Pennsylvania, 17025 2. The Plaintiff/Respondent, Kathleen M. Dupin. is an adult individual residing at 1002 Market Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The Defendant and Plaintiff were married on September 22, 2002, in Harrisburg, Pennsylvania. 4. The Defendant and Plaintiff are living separate and apart. 5. Plaintiff and Defendant have been residents of this Commonwealth for at least six (6) months immediately prior to the filing of this Complaint / Petition. 6. The Plaintiff/Respondent is believed to be employed by the Commonwealth of Pennsylvania and earns in excess of $2,920.00 net per month. Plaintiff/Respondent's social security number is 183-52-3622. 7. The Defendant/Petitioner is self-employed as a musician and earns approximately $1,400.00 net per month. DefendantlPetitioner's social security number is 282-52-7664. 8. The Defendant/Petitioner is not receiving public assistance. 9. The Plaintiff/Respondent has not sufficiently provided support for the Defendant/Petitioner and the Defendant/Petitioner has insufficient means of support for self and is without sufficient funds to meet the costs and expenses of this litigation. COUNT I ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 10. Defendant/Petitioner incorporates the allegations of paragraphs one (I) through nine (9) by reference as if set forth at length herein. II. By reason of the divorce action filed by Plaintiff7Respondent, DefendantlPetitioner will be put to considerable expense in the preparation of his case. in the employment of counsel and the payment of costs. 12. The Defendant/Petitioner is without sufficient funds to support himself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain himself during the pendency of this action. 13. Plaintiff/Respondent has adequate earnings to provide for DefendantlPetitioner's support and to pay his counsel fees, costs and expenses. WHEREFORE, DefendantlPetitioner requests the Court to enter an award of Alimony P~ndente Lite, costs and expenses against the Plaintiff/Respondent and in favor of DefendantlPetitioner, as well as provide medical support for the DefendantIPetitioner, if appropriate. COUNT II ALIMONY 14. Defendant/Petitioner incorporates the allegations of paragraphs one (1) through thirteen (13) by reference as if set forth at length herein. 15. Defendant/Petitioner lacks sufficient property to provide for his reasonable needs. 16. DefendantlPetitioner is unable to currently sufficiently support himself through appropriate employment. 17. Plaintiff/Respondent has sufficient Income and assets to provide continuing support for the Defendant/Petitioner. WHEREFORE, Defendant/Petitioner requests the Court to enter an alimony award in favor of Defendant/Petitioner in as much as the law will allow. Respectfully submitted, Date: ~ 1l'I>-. \ 1., 2 v..~ w~A?LjO.~. William L. Grubb, Esquire I.D. # 72661 3105 Old Gettysburg Road Camp Hill, PA 1701 I (717) 763-5580 Attorney for DefendantlPetitioner VERIFICATION I, WILLIAM R. HICKS, verifY that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. ~ 4904. relating to unsworn falsification to authorities. Date: 11-11- D 'L L lil_"_ ~/-.. William R. Hicks, Defendant/Petitioner CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certifY that I have served a copy of the foregoing document on the individual listed below, Counsel for the Plaintiff/Respondent, by depositing the same in the United States Mail, First Class, postage prepaid, at Camp Hill, Pennsylvania: Sandra L. Melton, Esquire P.O. Box 889 Harrisburg, PA 17108-0889 Date: fl)<:>U. ,...~ 2..uCJ......... ~~~y,~ LD. # 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for DefendantlPetitioner r KATHLEEN M. DUPIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2453 Civil Tenn WILLIAM HICKS, : - IN LAW Defendant/Petitioner : DIVORCE ACCEPTANCE OF SERVICE I accept service of the COMl'l..AINT I PETITION FOR ALIMONY PENDENTE LITE, COSTS, COUNSEL FEES AND ALIMONY pursuant to Pennsylvania Rules of Civil Procedure. Rule I 930.4(d). I certifY that I am authorized to accept service on behalf of the Plaintiff/Respondent. Kathleen M. Dupin. Date: /;JJ'/JA / . ~~ ~andra L. Melton. Esq re Attorney for the Plaintiff/Respondent. TUCKER ARENSBURG &SW ARTZ P.O. Box 889 Harrisburg, PA 17108-0889 - ~ Q 0 '" ." Z "-;f ~l~ .:;) 91 <: ':.1"T1 'r=. 22; N -'-Jm ~6 N '::'9 . )c "I J :.::: - " "I -r js :z ..ojj 4j() ~ C5rn ~ 0;.) ~ KATHLEEN M. DUPIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM HICKS, NO. 01-2453 Civil Term Defendant IN DIVORCE NOTICE TO DEFBRD ARD CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may 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 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, 1 Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone 717-249-3166 or 1-800-990-9108 TUCKER ARENSBERG, P. C. By: xL'LkL~~h.f , ,/ Sandra L. Meil on Attorney 1.0. No. 32551 Dated: 3 "3 &V 111 North Front Street P. O. Box BB9 Harrisburg, PA 1710B-OBB9 (717) 234-4121 ATTORNEYS FOR PLAINTIFF KATHLEEN M. DUPIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM HICKS, NO. 01-2453 Civil Term Defendant IN DIVORCE AMENDED COMPLAINT UNDF.R THR DIVORCE CODF. 1. Plaintiff is Kathleen M. Dupin, an adult individual who is sui juris and resides at 1002 Market Street, Apt. 2, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is William Hicks, an adult individual who is sui juris and resides at 42 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. The present whereabouts of the Defendant, William Hicks, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide months immediately previous to the filing of the Complaint. residents in the Commonwealth of Pennsylvania for at least six (6) 4. The Plaintiff and Defendant were married on September 22, 2000 in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. action is based are: 8. The Plaintiff avers that the grounds on which the (a) that the marriage is irretrievably broken; or (b) that the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P. C. By: AAA~ad~HAH0 ./ Sandra L. Meitton P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff Ve:rifiC!at.ion I verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein are unsworn falsification to authorities. made subject to the penalties of 18 Pa.C.s. Section 4904, relating to Dated: 2 -23 -o<{ .IH{~ thleen M. Du in CERTIFICATR OF SERVICE AND NOW, '2~ I.. thi s :;J day of ;}1qf({ ~ . , 2004, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Tucker Arensberg, P.C., hereby certify that I have, this day, served the within document on counsel for Defendant, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 d /J,.L Gloria M. Rine 37273.2 q C- ... -.. ~~~-n 0.'1 ~~:~~. ~~: l.~. :j~ ~:.~ "J. :2 .... "'" <=> .r- ::: ;ro. :;;0 I .&=" -0 3 o " ..... mF9 ~g 0.0 :i:=n qo ....;rn :'-:1 ;3-3 :...: ~ -.I KATHLEEN M. DUPIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CCUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 01-2453 Civil Term WILLIAM HICKS, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION :l301 (d) OF THE DIVORCE CODE ~. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretriev~bly broken. 2. Check either (a) or (b): ~ (a) I relief. alimony, expenses granted. do not wish to make any claims for economic I understand that I may lose rights concerning division of property, lawyer's fees or if I do not claim trLem before a divorce is (b) I wish to claim economic relief which may include alimony, di vision of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice tome, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subj ect to the penal ties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. ~ J'_l ,... ,.. Date: ~, ~ - William Hicks, . Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENT~~ OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. " r;.; ry ::~ _< C> GO ,.." c:;::) C~':> ..<- a C) -I .j;"" 6 KATHLEEN M. DUPIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01-2453 Civil Term WILLIAM HICKS, Defendant/Petitioner - IN LAW DIVORCE PETITION FOR EOUlTABLE DISTRIBUTION, COSTS, COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE AND NOW COMES the Defendant/Petitioner, WILLIAM R. HICKS, by his counsel, William 1. Grubb, Esquire, and petitions this Honorable Court as follows: 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names, as tenants by the entireties and in the individual names of the parties hereto. 2. Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate, including but not limited to property located at 42 North Enola Drive, Enola, Cumberland County, Pennsylvania, which is subject to equitable distribution by this court. 3. Plaintiff and Defendant are the owners of various items of personal property which are subject to equitable distribution by this court. 4. Plaintiff and Defendant are the owners of various penSIOn plans, retirement accounts, investments, bank accounts, insurance policies and motor vehicles which are subject to equitable distribution by this court 5. The Plaintiff and the Defendant have been unable, as of this date, to agree as to an equitable division of said property. 6. Defendant/Petitioner William R. Hicks has pr,~viously filed with this court on November 14, 2002 claims for ALIMONY, and ALI\10NY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES. 7. The DefendantlPetitioner is without sufficient funds to support himself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain himself during the pendency of this action. 8. Plaintiff/Respondent has adequate earnings to provide for DefendantlPetitioner's counsel fees, costs and expenses. WHEREFORE, Defendant/Petitioner requests the Court to enter a Decree: A. Equitably distributing all property owned by the parties hereto; and B. Directing the Plaintiff to pay Defendant's counsel fees, costs and expenses of this proceeding; and C. Such further relief as the Court may d.:termine equitable and just. "-'-, Dai ~~. LA aoL( '-~ . Respectfully submitted, ~^-~1Q~ William 1. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Defendant/Petitioner VERIFICA nON I, WILLIAM R. HICKS, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: /D~/5"~()ej . tJ:tl.:-_ 'IZ./U William R. Hicks, Defef1dant/Petitioner CERTIFICATE OF SERVICE I, WILLIAM 1. GRUBB, Esquire, certifY that I have served a copy of the foregoing document on the individual listed below, Counsel for the PlaintifflRespondent, by depositing the same in the United States Mail, First Class, postage prepaid, at Camp Hill, Pennsylvania: Sandra 1. Meilton, Esquire TUCKER ARENSBERG P.O. Box 889 Harrisburg, P A 17108-0889 Date: O~, (t) ~'1 M~ 12^~,~ William 1. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Defendant/Petitioner COJ "", ....., <:::':',> (.:":) C.i -II .'1 T r:,?; ;'n f......, 'T' ~ C") (",J C:J ~~") -':-1 " , _I" c~, -' /' ~) .IV! . '''j ') c" L -,rY.:J:J (, v' I {f/Z.11VJ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, Made this /0 cj-J.., day of ~f7~j;-A 2004, by and between WILLIAM HICKS, hereinafter referred to as "Husband", and KATHLEEN M. DUPIN, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 22, 2000; and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling 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 past, present and future support 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, William Lewis Grubb, and Wife by her attorney, Sandra L. Meilton, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: 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 nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on June 22, 2002, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on June 22, 2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING MARITAL OBLIGATIONS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Mortgage with National City Mortgage on the marital residence with a current balance of approximately $96,300. Wife's VISA Account No. 4121340001735303. - 2 - Wife's PSECU vehicle loan. Husband's credit card accounts. Husband agrees to pay the National City Mortgage on the marital residence and to refinance same per Paragraph 7.B. below and to assume full responsibility for credit card debts incurred in his name during the marriage. Wife agrees to pay the VISA account, the PSECU vehicle loan and all debt incurred in her name alone during the marriage. The parties agree to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. 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 arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the fact that it is the second marriage for Husband and the third marriage for Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established - 3 - during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and 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 individual possession of each of the parties hereto. Wife will return to Husband the photo album and Husband's three video tapes in Wife's possession. If in the future Wife finds other photographs or video tapes belonging to Husband, she shall return them to Husband. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to hislher separate property and any property which is in their possession or control pursuant to this Agreement and may - 4 - mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property . B. DISTRIBUTION OF REAL ESTATE: Upon the signing of this Agreement and upon verification that Husband has completed the refinancing of the National City Mortgage existing on the marital residence, Wife agrees to transfer to Husband all of her interest in and title to their jointly-owned real estate at 42 North Enola Drive, Enola, Cumberland County, Pennsylvania, to Husband subject to the mortgage given to National City Mortgage, or other lien negotiated by Husband, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments (i.e., the payments to National City Mortgage and the refinanced mortgage), taxes, insurance and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligation and all future mortgages and obligations on said premises in accordance with their terms, and agrees to indemnify Wife from any loss by reason of her default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. It is understood by Wife that Husband will, prior to this Agreement being turned over to him and prior to Wife's delivery of a quit claim deed to the 42 North Enola Drive property, obtain refinancing on said property so as to eliminate Wife from any obligation on the currently existing mortgage. In the event that Husband is unable to refinance the property, the parties agree that the property will be listed with a realtor familiar with properties in East Pennsboro Township, Cumberland County, Pennsylvania for a sales price not to exceed the 2002 County assessed value of said property. The parties further agree to accept any offer of 90% of the list price. All proceeds from any sale shall be divided equally between the parties. Pending refinancing or sale, Husband agrees to be solely responsible for the payment of the mortgage payments, taxes, insurance and utility bills relative to said real estate and agrees to indemnify and hold Wife harmless from any responsibility thereunder. - 5 - Wife has signed a quit claim deed to the North Enola Drive property and same shall be provided to Husband as soon as he signs this Agreement and it is verified that the refinancing of the National City mortgage has been accomplished or will be accomplished simultaneous with the relinquishment of this Agreement and the quit claim deed by Wife. C. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. PENSION AND RETIREMENT PLAN: The parties agree that Wife is currently employed by Commonwealth of Pennsylvania and has a SERS pension and retirement benefits and that a portion thereof were accumulated during the marriage. The parties agree that Wife shall retain her pension and retirement benefits in full and that Husband shall waive all of his right, title and interest thereto. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. 9. FINANCIAL ACCOUNTS: The parties agree that any and all financial accounts in existence at the date of separation of the parties shall remain the sole and separate property of the party to whom the bank account is titled as of the date of execute of this Agreement free and clear of any right, title, claim or interest of the other. - 6 - 10. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1996 Ford escort, or the proceeds from the trade in thereof, shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; and (b) the van, or the proceeds from the trade in thereof, shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and (c) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 11. ALIMONY: Both parties acknowledge and agree that the provIsions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 12. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. . - 7 - 13. INCOME TAX PRIOR RETURNS: The parties have hereunto filed certain joint income tax returns and the Husband represents and warrants to the Wife that he has heretofore duly paid all income taxes due on such returns; that he does not owe any interest or penalties with respect thereto; that no tax deficiency is pending or threatened against him; and that no audit is pending with respect to any such return. If there is any deficiency assessment on any of the aforesaid returns, the Husband shall give the Wife immediate notice thereof, in writing. Husband further warrants that he shall pay the amount ultimately determined to be due, together with interest and penalties, if any, as well as all expenses that may be incurred if he decides to contest the assessment. 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301 (c). Accordingly, simultaneously with the signing of this Agreement and the refinancing of the mortgage on the North Enola Drive property, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not - 8 - merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 17. BREACH AND ENFORCEMENT: 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 available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 18. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their - 9 - signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 22. 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. 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 which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 23. DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the - 10 - date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 24. MODIFICATION AND WAIVER: A 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. 25. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 26. 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. 27. INDEPENDENT SEPARATE COVENANTS: 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. - 11 - 28. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 31. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. v'\ , \ f;- :' ,~ "ilL' William Hicks d~, / (SEAL) ,xI~~CJ1fc~~#'rc ~/ . ;i:UJ A--u. YN. . K hleen M. Dupin ~ (SEAL) - 12 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF , ~ \.... '--(VI:> t'.'ZL,,1JO ) ( ) SS: On this, the II [~ day of [G,)J t',,,, f!,~1 ,2004, before me, a Notary Public, the undersigned officer, personally appeared William Hicks, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,. . \ ..: . 'II. . ') Ql I . ). . ~/ ,,!) "",-",\~^,,L-__..J<!I Notary Public NOTARIAL SEAL WILLIAM L. GRUBB, NoIary Public Lower Allen Twp., Cumberland County My Commission Expires Aug. 13, 2005 COMMONWEALTH OF PENNSYLVANIA ) 1\. (SS: COUNTY OF <;. 1 )A'fh /'J.-, ) On this, the /! 'I'''" day of Mll/..( /Jj).t/{, ,2004, before me, a Notary Public, the undersigned officer, personally appeared Kathleen M. Dupin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~4 /1, /i~ Notary Public 73268.1 NOWMl_ GtOIMM. .. CllYOf ~1Aa.~""" MrComm . QUINN COUNrv IuIon Expne Nov 5. 2007 ----- r-"; - KATHLEEN M. DUPIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2453 Civil Term WILLIAM HICKS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 26, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: 1/- /00/ ~,,~)Jr ~. K hleen M. Dupin, PIa tiff ------ --- ~ KATHLEEN M. DUPIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2453 Civil Term WILLIAM HICKS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 26, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: // ~// - D 'I .'~,fL.___dL William Hicks, Defendant KATHLEEN M. DUPIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2453 Civil Term WILLIAM HICKS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: II- It? ... or K \" ~ - KATHLEEN M. DUPIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2453 Civil Term WILLIAM HICKS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1)-//- 0'71 JjL,-- AL'L William Hicks, Defendant 73280.1 .----- 11" KATHLEEN M. DUPIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION WILLIAM HICKS, Defendant NO. 01-2453 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the fOllowing information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301 (c) i~~:&k~. (Strike out inapplicable section). 2. Date and manner of service of the complaint: certified mail, May 3, 2001 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by !l3301 (c) of the Divorce Code: by plaintiff 11 / 1 0 /04 ; by defendant 11 / 11 / 0 4 (b) (1) Date of execution of the affidavit required by !l3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: 12/3/04 (mailed to Prothonotary on 12/2/04) Date defendant's Waiver of Notice in !l3301 (c) Divorce was filed with the Prothonotary: 12/3/04 (mailed to Prothonotary on 12/3/04) Attorney for Plaintiff ~_K ------ - ;fT.:ti;!;:ti;!;'!; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :ti :ti ~;!;~ ~:ti~;!;~:ti~;!;~ ~:ti~~~ ~~ ~~~~~;!;~ ~:ti;f.~;f.~T.~~~~;f. ~'f.~~T.~~:ti:ti ;f.;f.;f.T.'f.T.;f.'f.:ti~'f. 'f. , . . , . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KATHLEEN M. DUPIN, PENNA. STATE OF No. 01-2453 Civil Term Plaintiff VERSUS WILLIAM HICKS. Defendant . . . . . . . . . . . . DECREE IN DIVORCE J t:;.' Jt A.,f1. . . . . . . . . . . . . . . . . . . . . . . . . /~ , IT IS ORDERED AND 2004 December AND NOW, Kathleen M. Dupin , PLAINTIFF, DECREED THAT William Hicks , DEFENDANT, AND 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; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital Settlement Agreement made and entered ~nto by the part~es on November 10, 2004, are incorporated into this Decree by reference thereto, but not IDPrgpo i.l;J..t: i:;~"'" , ... B . . . . , . . . . . . . . . . . . . . . . . . ;f. ~ T. 'f T. 'f 'f. 'f:ti T.;,:T. Am'/3~~ PROTHONOTARY . . . . . . . . . " . . . . '+':ti:t'f'f'f ~'f:ti'f:ti'f'fT.:ti'+' 'f'f~'f~ 'f. 'f.'f'f.'f.'f.'f 'f'f 'f. .. ;f. 'f.'f.'f. ;f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , J. ~ #ZZ?..2 r~ i!~,;lk:; ,,Ie? ~"" -c;/ ~fiiP-P~~;J-p?(l A7. 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