HomeMy WebLinkAbout01-2494
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (7 I 7) 909-4060
Attorneys for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01- .:149'(
Cui( I~
KIM LOUISE HINTON, aIkIa
KIM LOUISE KUHN,
Defendant
: 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 may be entered against you by
the Court. A judgement 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.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Cumberland, 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, PA 17013
(717) 249-3166
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: -.-
: NO. 0/' .J'Iq'f C4..J I ~
GEORGE ANTHONY HINTON,
Plaintiff
KIM LOUISE HINTON, a/k/a/
KIM LOUISE KUHN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is George Anthony Hinton, who has resided at 16 East Locust Street,
Apartment No. I, Mechanicsburg, Cumberland County, Pennsylvania, for the last four (4)
months.
2. Defendant is Kim Louise Hinton, otherwise known as Kim Louise Kuhn, who has
resided at 7 Eastwick Court, Carlisle, Cumberland County, Pennsylvania, for approximately the
last five (5) years.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
~
4. Plaintiff and Defendant were married on July 9, 1999 in Derry Township, Dauphin
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Neither of the parties in this action is presently a member of the armed forces.
7. The Plaintiff and Defendant are both citizens of the United States.
8. Plaintiff has been advised of the availability of marriage counseling and that he may
have the right to request the Court to require the parties to participate in such counseling. Being
so advised, Plaintiff does not request that the Court require the parties to participate in counseling
prior to a divorce decree being handed down by the Court.
9. Plaintiff avers that no children were born unto this marriage.
COUNT I - DIVORCE
10. The Plaintiff avers that the grounds on which the action is based are as follows:
That the marriage is irretrievably broken.
COUNT II - EQUITABLE DISTRIBUTION
11. Paragraphs one (1) through ten (10) are incorporated herein by reference as
though set forth in full.
12. The parties have acquired personal property during their marriage.
13. The parties have not yet equitably divided said property.
.2-
WHEREFORE, Plaintiff, George Anthony Hinton, requests this Honorable
Court enter a decree in divorce and equitably divide the marital property of the parties.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: 'f I ~ ";/01
16
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
- 3 -
VERIFICATION
I, GEORGE ANTHONY HINTON, hereby verifY and state that the facts set forth in the
foregoing document are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904
relating to unsworn verification to authorities.
tft' /~
EORGE ANTHONY HINTON
DATE:~ J5, ';001
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MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Suite 102
CampHill,PA 17011
(717) 909-4060 Fax (717) 909-4068
1:IClienl DireclorylHinlon-GeorgeIPleadingslinvenlry-shorI11-04-03.wpd
November 24, 2003
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2494 CIVIL TERM
KIM LOUISE HINTON, aIkIa
KIM LOUISE KUHN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
INVENTORY AND APPRAISEMENT
OF
GEORGE ANTHONY HINTON
Plaintiff, George Anthony Hinton, files the following inventory of all property owned or
possessed by either party at the time this action was commenced and all property transferred within
the preceding three years.
Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff
understands that false statements herein are made subject to the penalties of18 Pa.C.S. ~ 4904 relating
to unsworn falsification to authorities.
Date: November 26, 2003
1:\Client Directory\Hinton-George\Pleadings\inventry-short 11-04-03. wpd
November 26, 2003
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages. If an item has been appraised, a copy ofthe appraisal report is
attached.
( ) 1. Real property
(X) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life insurance policies (indicate face value, cash surrender
value and current beneficiaries.
( ) 10. Annuities
( ) 11. Inheritances
( ) 12. Patents, copyrights, inventions, royalties
( ) 13. Personal property outside the home
( ) 14. Business (list all owners, including percentage of ownership
and officer/director positions held by a party with company.
( ) 15. Employment termination benefits - severance pay, workman's
compensation claim/award
( ) 16. Profit sharing plans
( ) 17. Pension plans (indicate employee contribution and date plan
vests)
( ) 18. Retirement plans, Individual Retirement Accounts
( ) 19. Disability payments
( ) 20. Litigation claims (matured and unmatured)
( ) 21. MilitaryN.A. benefits
( ) 22. Education benefits
( ) 23. Debts you owe (and/or your wife or husband), including
loans, mortgages held, etc.
( ) 24. Household furnishings and personalty (include as a total
category and attach an itemized list if distribution of such
assets is in dispute
( ) 25. Other
2
1:\Client DirectorylHinton-George\Pleadings\inventry-short 11-04-03, wpd
November 26, 2003
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the date of separation:
3
MARITAL PROPERTY
ITEM DESCRIPTION:
1999 Kawasaki Drifter Motorcycle
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
5/30/00
COST/ACQUISITION VALUE:
$10,902.50
PRESENT VALUE:
Approx. $5,000.00
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None presently. Husband satisfied
lien of approxirnately $6,000.00 after
the parties' separation.
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
ITEM DESCRIPTION:
OWNERSHIP:
POSSESSOR:
DATE ACQUIRED:
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
Mernbers First Federal Credit Union -
Checking Acct. No. 183469
Husband
Husband
9/16/99
N/A
$0.00 on 11/10/00
None
MARITAL PROPERTY
INVESTMENTS
ITEM DESCRIPTION:
Legg Mason Value Trust Account No.
294-1560526111 - 105.359 pre-
rnarital shares
Legg Mason Value Trust Account No.
294-1560526111 - 27.477 post-
marital shares
OWNERSHIP:
Husband
POSSESSOR:
Sold - 1/08/0 I
DATE ACQUIRED:
Various dates before and after
mamage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
PRESENT VALUE:
$1,815.13 Value of marital shares
$1,527.72 Value of marital shares at
time of sale
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
nla
MARITAL PROPERTY
INVESTMENTS
ITEM DESCRIPTION:
Munder - NetNet A Account No.
0002851418 - 148.732 pre-marital
shares
Munder - NetNet A Account No.
0002851418 - 67.976 post-marital
shares
OWNERSHIP:
Husband
POSSESSOR:
Sold 1/08/0 I
DATE ACQUIRED:
Various dates before and after
mamage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
PRESENT VALUE:
$3,232.26 Value of marital shares
$2,142.60 Value of marital shares at
time of sale
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
n1a
MARITAL PROPERTY
INVESTMENTS
ITEM DESCRIPTION:
The Internet Fund Account No. 067-
067-6700206403 - 33.512 pre-
marital shares
The Internet Fund Account No. 067-
067-6700206403 - 231.806 post-
marital shares
OWNERSIDP:
Husband
POSSESSOR:
Sold - 8/28/00
DATE ACQUIRED:
Various dates before and after
rnamage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
PRESENT VALUE:
N/A
$8,215.20 Value of marital shares at
tirne of sale
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
n/a
MARITAL PROPERTY
INVESTMENTS
ITEM DESCRIPTION:
Legg Mason - Opportunity Trust
Account No. 1189-1560526111
151. 461 shares
OWNERSHIP:
Husband
POSSESSOR:
Sold - 1/08/0 I
DATE ACQUIRED:
Various dates during marriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$1,616.09
PRESENT VALUE:
$1,478.26 Value at tirne ofsa1e
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
nla
1:\Client Directory\Hinton-George\Pleadingslinventry-short 11-04-03.wpd
November 26, 2003
NON-MARITAL PROPERTY
Plaintiff lists all non-marital property in which either or both spouses have a legal or
equitable interest, individually or with any other person as of the date of separation:
4
NON-MARITAL PROPERTY
ITEM DESCRIPTION:
16 East Locust Street, Mechanicsburg,
PA
OWNERSIDP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
2/1/96
COST/ACQUISITION VALUE:
PRESENT VALUE:
Unknown
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
National City Mortgage
2/1996
NATURE OF LIEN:
Mortgage
PRESENT AMOUNT OF LIEN:
$66,755.00 as of 6/30/03
BASIS CLAIMED FOR
EXCLUSION FROM
MARITAL PROPERTY:
Acquired prior to date of marriage
NON-MARITAL PROPERTY
ITEM DESCRIPTION:
7 Eastwick Court, Carlisle, P A
OWNERsmp:
Wife
POSSESSOR:
Wife
DATE ACQUIRED:
3/1/94
COST/ACQUISITION VALUE:
PRESENT VALUE:
Unknown. Information in possession
of Wife.
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
Unknown. Information in possession
of Wife.
Unknown. Information in possession
of Wife.
NATURE OF LIEN:
Unknown. Information in possession
of Wife.
PRESENT AMOUNT OF LIEN:
Unknown. Information in possession
of Wife.
BASIS CLAIMED FOR
EXCLUSION FROM
MARITAL PROPERTY:
Acquired prior to date of marriage.
NON-MARITAL PROPERTY
ITEM DESCRIPTION:
1992 GMC Sonoma Truck
OWNERSIDP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
Prior to marriage
COST/ACQUISITION VALUE:
PRESENT VALUE:
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
$1,550.00 per NADA
None
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
BASIS CLAIMED FOR
EXCLUSION FROM
MARITAL PROPERTY:
Acquired prior to date of marriage
NON-MARITAL PROPERTY
ITEM DESCRIPTION:
Waypoint Bank Checking Acct. No.
1800016040 (f/k/a Harris Savings)
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
5/1 0/98
COST/ACQUISITION VALUE:
nla
PRESENT VALUE:
ZERO - Account was closed on 9/4/01
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
BASIS CLAIMED FOR EXCLUSION Acquired prior to date of marriage
FROM MARITAL PROPERTY
nla
NON-MARITAL PROPERTY
ITEM DESCRIPTION:
OWNERSHIP:
POSSESSOR:
DATE ACQUIRED:
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
BASIS CLAIMED FOR EXCLUSION
FROM MARITAL PROPERTY:
Mernbers First Federal Credit Union-
Savings Acct. No. unknown
Wife
Wife
Unknown
Unknown
Unknown. Husband will request
information from Wife.
n/a
Acquired prior to date of marriage
.
NON-MARITAL PROPERTY
ITEM DESCRIPTION:
Fidelity Roth IRA #345832227
(formerly Legg Mason #118-83085)
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
10/21/98
COST/ACQUlSITION VALUE:
VALUE:
DOM Value $8,830.27
DOS Value $8,865.91
Current Value $6,048.78 AS OF
7/31/03
Marital Value $35.64
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
nla
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
BASIS CLAIMED FOR
EXCLUSION FROM
MARITAL PROPERTY:
Acquired prior to date of marriage
NON-MARITAL PROPERTY
ITEM DESCRIPTION:
Comerica 401(k) #272625
OWNERSmp:
Wife
POSSESSOR:
Wife
DATE ACQUIRED:
Unknown
COST/ACQUISITION VALUE:
PRESENT VALUE:
DOM Value $42,804.70
DOS Value $46,015.22
Current Value unknown. Information
in possession of Wife
Marital Value $3,210.52
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
n/a
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
BASIS CLAIMED FOR
EXCLUSION FROM
MARITAL PROPERTY:
Acquired prior to date of rnarriage
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND, ss:
GEORGE ANTHONY HINTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-2494 CIVIL TERM
KIM LOUISE HINTON, alk/a
KIM LOUISE KUHN,
Defendant
: CNIL ACTION.. LAW
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
GEORGE ANTHONY HINTON, Plaintiff, moves the court to appoint a master with
respect to the following claims:
(X) Divorce
( ) Annulment
( ) Alirnony
( ) Alimony Pendente Lite
(X) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claims for which the appointment of a master is
requested.
2. The non-moving party has appeared in the action personally.
3. The statutory ground(s) for divorce are 23 Pa. C.S.A. Sec. 3301(c).
4. Check the applicable paragraph(s):
( ) The action is not contested.
( ) An agreement has been reached with respect to the following claims:
(X) The action is contested with respect to the following claims: division of property.
5. The action does involve complex issues oflaw or fact.
6. The hearing is expected to take I day.
7. Additional information, if any, relevant to the moti
Date: November 26, 2003 II~ . . ~
/~ AP.
Attomey for 1aintiff
AND NOW, t&.L.(!_e~_j).e..u .;;L,2003, E. ~ ~<.....Esquire,
is appointed master with respect to the following claims: distribution of property.
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GEORGE ANTHONY HINTON,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2494 CIVIL
KIM LOUISE HINTON, a/k/a,:
KIM LOUIS KUHN,
Defendant IN DIVORCE
TO:
Maria P. Cognetti
, Attorney for Plaintiff
Kim Louis Hinton/Kuhn
, Defendant
DATE: Monday, December 8, 2003
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
/,;{ /1/03
DATE
)~
p>L)
( )
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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I:\Client Directory\Hinton~George\Pleadings\Pre~ Trial Statement.wpd
11/: {,~ ;Ci~
March \ I, 2(J04
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-2494 CIVIL TERM
KIM LOUISE HINTON, alklaI
KIM LOUISE KUHN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PLAINTIFF'S PRE-TRIAL STATEMENT
George Anthony Hinton, Plaintiff, by and through his attorney, Maria P. Cognetti,
Esquire, files the following Pre-Trial Statement:
TABLE OF CONTENTS
1. Background Information
II. Listing of Marital Assets and Debts
III. Listing of Personal Property
IV. Listing of Non-Marital Assets
V. Pensions
VI. Income and Expenses
VII. Counsel Fees and Costs
VIII. Expert Witnesses
IX. Non-Expert Witnesses
X. Listing of Proposed Exhibits
Xl. Proposed Resolution
l:\Client Directory\Hinton-George\Pleadings\Pre-Trial Statement.wpd
I. BACKGROUND INFORMATION
A. PARTIES
HUSBAND
NAME
ADDRESS
AGE
DATE OF BIRTH
PLACE OF BIRTH
SOCIAL SECURITY NUMBER
HEALTH
EMPLOYER
OCCUP A TI0N
LENGTH OF RESIDENCY IN PA
EDUCATIONAL BACKGROUND
WIFE
NAME
ADDRESS
AGE
DATE OF BIRTH
PLACE OF BIRTH
SOCIAL SECURITY NUMBER
HEALTH
EMPLOYER
OCCUPATION
LENGTH OF RESIDENCY IN P A
EDUCATIONAL BACKGROUND
March [7, 2004
George A. Hinton
16 East Locust Street, Apt. 1, Mechanicsburg,
Pennsylvania
33
March 14, 1971
Pennsylvania
209-52-2570
Good
Hinton & Associates
Systems Engineer
Entire life
BS in Electrical Engineering; several
computer certifications related to the business
Kim L. Kuhn
7 Eastwick Court, Carlisle, Pennsylvania
39
11/12/1964
Pennsylvania
209-58-3284
Good
Hinton & Associates
Sales Representative
Entire life
Some college
I:\Client Directory\Hinton-George\Pleadings\Pre-Trial Statement.wpd
B. CHILDREN
NAME
NONE
AGE
DATE OF BIRTH CUSTODIAN
C. MARRIAGE INFORMATION
DATE OF MARRIAGE
PLACE OF MARRIAGE
DATE OF SEPARATION
CIRCUMSTANCES OF SEPARATION
July 9,1999
Hershey, Pennsylvania
November 10,2000
Irreconcilable Differences
D. PRIOR MARRIAGE
WIFE None
HUSBAND
None
E. CHILDREN OF OTHER RELA TIONSHIPSIMARRIAGES
WIFE None
HUSBAND
None
F. PROCEEDINGS INFORMATION
DATE ACTION COMMENCED April 27, 2001
DATE OF SERVICE OF COMPLAINT May 3,2001
MANNER OF SERVICE OF Certified Mail
COMPLAINT
ISSUES RAISED IN DNORCE Equitable Distribution
COMPLAINT
DATE OF FILING OF ANSWER N/A
AND/OR COUNTERCLAIM
ISSUES RAISED IN COUNTERCLAIM N/A
March 1 7, 2004
1:\Client Directory\Hinton-George\Plcadings\Pre-Trial Statement.wpd
BIFURCA nON
PREVIOUSLY RESOLVED ISSUES
II. MARITAL ASSETS AND DEBTS
None
None
March 17,2004
The following is a listing of the marital assets and debts ofthe parties:
DESCRIPTION
TOTAL
VALUE
'j; ., ;1' .), "i;. I!) ';;'"i" i, :;: ';~. '. 'I :
.I'~".:;... ."..", " .\ " ". .
! .i,~~lq~~!i' '1 i\:,;"',i 'r !i I: .,
.' !:,':' :.i:,':"
.".! .
,,', .".,:
", ". ':.
1999 Kawasaki
Motorcy1ce
l~~~;A~t>uiit$': .,
, ' " . ~,.:, , '" .
$5,000.00
, ..
, ,:
Members First $0.00
Federal Credit
Union #183469
Legg Mason Value $1,527.72
Trust - Marital
Shares
Munder NetNet A - $2,142.60
Marital Shares
Legg Mason - $1,478.26
Opportunity Trust
, : " /', . "..'
Business:: ,;:,'
,. ''', ,'" ,
'f 'r, 'i..
. .!. r..
:. .:;:";. .:' ,:''":j',
, "
Hinton &
Associates
Unknown
HUSBAND'S
POSSESSION
WIFE'S
POSSESSION
". .
, :' 't ,~: ';: '.:; :
: 1"'.1'.'" '",..
'::1 .:t ,.t' },:. ;~;: 'I~~".f:: t. ;;~:, .:;:~
$5,000.00
':," .
!. I., ,..'1
$0.00
$1,527.72
$2,142.60
$1,478.26
~r :1,. "j.
....." ....
,." ::
., '"''
Unknown
"" '."
r'f :'\ "i, ':' Ii ..\ ;!!. ,il: :::
';:, "i. ::, ." ",
.;;. . I:' ;~:' .::i;: ::;;:' '~i,:: .;t' ,~;~..:~~' } '( ~~~., if.
COMMENTS
,f 0,)i :'::' f,: j,('
'..; '~;,.!~ r:':"~
",': 'I':, ,j' ;i!.
:j .',i
{:,: "j,
:;!ii/\::;i~:.,'ii:'"l.'!;~'; '!I:~: l't., :\ .~:.
""':.'::.: f. ,!. :,r, I \1.>;:
If the parties are
unable to agree to
a value, Husband
will ask the Court
to appoint an
appraiser, the cost
of which should
be paid by the
business or split
equally between
the parties.
1:\Client Oirectory\Hinton-George\Pleadings\Pre-Tria\ Statement.wpd
March 17, 2004
DESCRIPTION
TOTAL
VALUE
HUSBAND'S
POSSESSION
WIFE'S
POSSESSION
COMMENTS
'.' ,
"
~,;.; . ~.JI::. .~I; )~~':): 'Jr,!: ;: ',:[,; ~1' ,;)-' :1-" X, .r; :l:' ::::; ~.:' t '/ ,', i:. L 7~ ~!: ':;(':' ;L.l.~!~ .:~." 't' : '(it 'I;i, :~I"'~~:''7::' 1il :ii,; '~i; { :{~: ."!i~ .'~"i!i~.~~Jr ~~~..~~.:;!~;.,;J~,~,~~t:'"'~I:~;I;:i(, i~~,:! :'/::,~
\ .... .~'''''I'.,'''1, ". '/.." ". .,~""r. '/'.':"'" 'I' .'1' , r'l' ',' "", ..,.:,i..h....t .'" ~,. 'I, ," ,..., .' 'I, 'I' ~~: ." " '.'1" Ll' ,l.~ ., ",. ." '" ," '" ..,.. " .' ".'
.' . .~ :~,':, Iii, 'W~: :H. 1t '~, ..~. 'If ''Ii':'" J" " " " .f ':' ,I, 'J.. .!' I,,: jJ;....;I,. .ill. ,. r. II'. 1/'., ;'" ,Ib ~, .,/'.... 'j' ,'~" ," II ~I! I;. ,'/, "Pi. ,'.. .11' ,Ii ,.;;i. :,'. ,;: !" :'" ",
. ,::!":~f;j ',ll' ,!f:f[ "!I/' 11,' ,~, .' ,>,r"f ',: '1t ,/t. 'Ii; ,t,'. ',I: i . !: ';" '1, '~: 1'1. ',!!;. ~',I :.'(;'/: W,'. :,. ! " .;1:' }1".lli:' '!,I! ,'if:: :hi,;:,!. ,;(" ']; :,' ~ il',;~:; ":#:,~m"'r,: :i!:,"'!/. If:. '{. "i,. '!i. i'i, '
r'.; ',1" .""/' 'I". . .," ,., 'f. , '. 'J' , 'f.. .. .;, '.. !f., . I.! '.' .,,' "'.,,, ,." , ., . h . " , " ,
Fidelity Roth IRA - $35.64
Marital Share
(formerly Legg
Mason IRA)
Comerica 401(k) $3,210.52
$35.64
$3,210,52
"I"~"I"";I'il"I' \1.,.:
" ," 1i.:II" .., "'k, """"
li~1.'., "'fP~ #:;W'{;~;t~iL:~: ~~
i': /./ /.:Y}':}; ;~:;:
'.' I ,t ;t ~t '.;fll:.:':: ~~' ~'
#.' t;( :1 :~t ~~~. .,;;:<{,j", ./<
~.... il' '. '. .~ 'I :,i "". '" Ii. .,!. ), . ',. :
'~ ,..,,11' b '!J; ,. .", ,', ,,' ,', "
:. ~', f .i.'!.r':'l ;,;i.: :,:~: f:;)' ;'): ':, :':
Members First
Federal Credit
Union
$6,043,90
$6,043.90
III. LISTING OF PERSONAL PROPERTY
ITEMS RETAINED BY WIFE
DESCRIPTION
VALUE
None
ITEMS RETAINED BY HUSBAND
DESCRIPTION
VALUE
None
IV. LISTING OF NON-MARITAL PROPERTY
The following is a listing of the non-marital assets ofthe parties:
No, Description Basis of Exclusion Owner
I. 16 East Locust St., Acquired prior to Husband
Mechanicsburg, P A mamage
2. 7 Eastwick Court, Acquired prior to Wife
Carlisle, P A mamage
I :\Client Directory\Hinton-George\Pleadings\Pre- Trial Statement.wpd
March 17,2004
No. Description Basis of Exclusion Owner
3 1992 GMC Sonoma Acquired prior to Husband
Truck marnage
4. Waypoint Checking Acquired prior to Husband
Account marriage
5. Members First Federal Acquired prior to Husband
Credit Union Checking mamage
Account
6. Members First Federal Acquired prior to Wife
Credit Union Checking marriage
Account
7. Members First Federal Acquired prior to Wife
Credit Union Savings marnage
Account
8. Legg Mason Value Trust Portion of account Husband
acquired prior to
marriage and after
date of separation
9. Munder NetNet A Portion of account Husband
Account acquired prior to
marriage and after
date of separation
10. The Internet Fund Portion of account Husband
Account acquired prior to
marriage and after
date of separation
11. Fidelity Roth IRA Portion of account Husband
(formerly Legg Mason acquired prior to
IRA) marnage
12. Comerica 40 1 (k) Portion of account Wife
acquired prior to
marnage
V. PENSIONS
The following is a listing ofthe pensions of the parties:
I:\Client Directory\Hinton~George\Pleadings\Pre- Trial Statement.wpd
March 17,2004
PARTY
DESCRIPTION
Husband
Fidelity Roth IRA (non-marital)
Wife
Comerica 401(k) (non-marital)
VI. INCOME AND EXPENSES
Neither party has made a claim for alimony or alimony pendente lite in this matter. Both
parties are working for Hinton & Associates and draw equal income. The business is the parties'
only source of income.
VII. COUNSEL FEES
Neither party has made a claim for counsel fees, costs and expenses.
VIII. EXPERT WITNESSES
The following is a listing of the anticipated experts who may be called to testify in this
case:
NAME
SUBJECT TO TESTIMONY
A Business Valuator
The value of the parties' business.
Additional experts who may be called to testify are not known at this time. If such
additional experts are retained, the Plaintiff reserves the right to call them as witnesses upon
proper notification to the Defendant.
IX. NON-EXPERT WITNESSES
l:\Client Directory\Hinton~George\Pleadings\Pre~ Trial Statement.wpd
March 17, 2004
NAME
SUBJECT TO TESTIMONY
George Hinton
History of the marriage; identification and
valuation of marital assets and debts; other
relevant testimony relating to the factors set forth
in the Divorce Code.
Kim Kuhn, as of cross
History of the marriage; identification and
valuation of marital assets and debts; other
relevant testimony relating to the factors set forth
in the Divorce Code.
Additional witnesses who may be called to testify are not known at this time. If such
additional witnesses are identified, the P1aintiffreserves the right to call them as witnesses upon
proper notification to the Defendant.
X. LISTING OF PROPOSED EXHIBITS
The following is a listing of Exhibits which are anticipated to be submitted at the hearing
in this case:
NO. DESCRIPTION
1 Statement reflecting NADA value for 1999 Kawasaki Motorcycle
2 Documentation reflecting payment of Motorcycle debt to Members First
Federal Credit Union
3 Statement of account from Members First Federal Credit Union Checking
Account No. 183469
4 Statements of account from Legg Mason Value Trust Account No. 294-
1560526111
5 Statements of account from Munder NetNet A Account No. 0002851418
6 Statements of account from The Internet Fund Account No. 067-067-
6700206403
7 Statements of account from Legg Mason Opportunity Trust Account No.
1189-1560526111
1:\Client Directory\Hinton-George\Pleadings\Pre-Trial Statement.wpd March 17, 2004
NO. DESCRIPTION
8 Report from Business Evaluator, if needed
9 Statements of account from Fidelity Roth IRA Account No. 345832227
10 Statements of account from Legg mason IRA Account No. 118-83085
11 Statements of account from Comerica 401(k) Account No. 272625
If additional exhibits are identified, Plaintiff reserves the right to submit
additional Exhibits upon proper notification to Defendant.
XI. PROPOSED RESOLUTION
A. EQUITABLE DISTRIBUTION
Plaintiff proposes a fifty-fifty division of the marital property.
B. ALIMONY
Neither party has filed a claim for alimony, therefore no award is appropriate.
C. COUNSEL FEES AND COSTS
Neither party has filed a claim for counsel fees, costs, and expenses, therefore no
award is appropriate.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: March 18, 2004
By:
MARIAP. CO
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
I:\Client Directory\Hinton-George\Pleadings\Prc.Trial Statement.wpd
March 17,2004
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certifY that on this
date I served the foregoing Plaintiffs Pre-Trial Statement by depositing a true and exact copy
thereof in the United States mail, first class, postage prepaid, addressed as follows:
Kim L. Kuhn
7 Eastwick Court
Carlisle, PAl 70 13
MARIA P. COGNETTI & ASSOCIATES
Date: March 18, 2004
By:
NETTI & ASSOCIATES
0.27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 2494 CIVIL
KIM LOUISE HINTON/KUHN,
Defendant
IN DIVORCE
RESCHEDULED PRE-HEARING CONFERENCE
TO: Maria P. Cognetti
, Attorney for Plaintiff
Kim Louise Hinton/Kuhn
, Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 21st day of May 2004, at 9:30 a.m., at
which time we will define issues, identify witnesses, explore
the possibility of settlement and, if necessary, schedule a
hearing.
Very truly yours,
Date of Notice: 3/23/04
E. Robert Elicker, II
Divorce Master
GEORGE ANTHONY HINTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 2494 CIVIL
KIM LOUISE HINTON/KUHN,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Maria P. Cognetti
, Attorney for Plaintiff
Kim Louise Hinton/Kuhn
, Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 29th day of March 2004, at 1:30 p.m., at
which time we will define issues, identify witnesses, explore
the possibility of settlement and, if necessary, schedule a
hearing.
Very truly yours,
Date of Notice: 2/6/04
E. Robert Elicker, II
Divorce Master
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney LD, No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2494 CIVIL TERM
KIM LOUISE HINTON, a/k/a
KIM LOUISE KUHN,
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 27, 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 of divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before the 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. ~4904 relating to unsworn
falsification to authorities.
Date: ;/;~pf)6Jb
,
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No, (717) 909-4060
Attorneys for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2494 CIVIL TERM
KIM LOUISE HINTON, a/k/a
KIM LOUISE KUHN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF 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! 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.
Date: 1~6'<'''
(",
,.~,)
(.,
GEORGE ANTHONY HINTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2494 CIVIL TERM
KIM LOUISE HINTON, a/kJa
KIM LOUISE KUHN,
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
Apri127,2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date ofthe filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I understand that 1 may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before the 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. ~4904 relating to unsworn
falsification to authorities.
Date: I ~ I G?-O[p
?//~
;',1
f"
(-,'.
GEORGE ANTHONY HINTON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2494 CIVIL TERM
KIM LOUISE HINTON, a/kla
KIM LOUISE KUHN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER
IS 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. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date: 1- [ U? - 0 &
, '
:=1
-,
GEORGE ANTHONY HINTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2994 CIVIL
KIM LOUISE HINTON/KUHN,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
-;2."1
day of
:J~,
2006, the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated January 16, 2006, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT;-
cc:
~a P. Cognetti
Attorney for Plaintiff
~ J. Esposito
Attorney for Defendant
^-b .""r!?
~~":[) t.f''':' '"
"'" .r;., """
,c;. ...: . ","5!j>
.<~",. r \
~*,.,.,. . " _~ D
~,,4 ~. "'.
.i,' i " '\, ;;; ,
,('c' V '?,
.:;:.-'5" .::,>,,",/<,'0
, ' :'\., , ,.~J'(,>0
. '..".' j
. ""..(',
^ '0.:.sc.~ )~
u.()',fY
.s~...."'/ ,'~
THIS AGREEMENT, made this J h y..L.. day of -Jt2-<A. ~
by and between KIM L. KUHN, (hereinafter referred to as "Wife") and GEORGE A.
,2006,
HINTON, (hereinafter referred to as "Husband").
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on July 9,
1999, in Dauphin County, Pennsylvania; and
WHEREAS, the parties were separated on or about November 12, 2000; and
WHEREAS, no children have been born to the marriage; and
WHEREAS, certain differences, disputes and difficulties have arisen between the parties
as a result of which they intend to live separate and apart for the rest of their natural lives, 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 claims between them relating to the ownership and equitable distribution of their real and
personal property; the settling of all matters between them relating to the past, present and future
support, alimony, alimony pendente lite 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 estate.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife,
each intending to be legally bound and to legally bind their heirs, successors and assigns hereby
covenant, promise and agree as follows:
I. SEPARATION
Husband and Wife shall at all times have the right to live separate and apart from each
other and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint or interference whatsoever by the other, subject to the further
provisions of this Agreement.
2. HUSBAND'S DEBTS
Husband represents and warrants to Wife that he has not and, in the future, 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.
3. WIFE'S DEBTS
Wife represents and warrants to Husband that she has not and, in the future, 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.
2
4. OUTSTANDING JOINT DEBTS
Husband and Wife acknowledge and agree that they have no outstanding debts and
obligations which were jointly incurred by them during their marriage with the exception of
those which are set forth elsewhere in this Agreement.
5. LIABILITY NOT LISTED
Each party represents and warrants to the other that he or she has not incurred any debt,
obligation or other liability, other than those described in this Agreement, for which the other
party is or may be liable. A liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to
pay it as the same shall become due, and to indemnifY and hold the other party and his or her
property harmless from any and all such debts, obligations and liabilities.
6. DISPOSITION OF REAL PROPERTY
The parties acknowledge that neither party acquired any real estate during their marriage.
They further acknowledge that each of them acquired, individually, an interest in real estate prior
to their marriage, and consequently consider their respective real property to be their separate
property. More specifically, Husband shall continue to be the sole and exclusive owner of the
property situate at 16 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania and
Wife shall continue to be the sole and exclusive owner of the property situate at 7 Eastwick
Court, Carlisle, Cumberland County, Pennsylvania. Each party hereby waives and relinquishes
to the other, any right, title or interest in and to the real estate of the other.
3
7. DIVISION OF PERSONAL PROPERTY
The parties agree that they have divided their separate and marital personal property to
their mutual satisfaction. As of the execution date ofthis Agreement, any and all property not
specifically addressed herein shall be owned by the party to whom the property is titled, and if
untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from each to the other.
8. AFTER-ACQUIRED PROPERTY
The parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, real, personal or mixed, tangible or intangible, which are or were
acquired by him or her after the parties' date of separation, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or
she were unmarried.
9. MOTOR VEHICLES
The parties acknowledge that the 2001 Audi A4 is owned by Hinton & Associates, Inc.,
and the 1992 GMC Sonoma truck is owned by Husband. The parties hereby agree that the Audi
shall remain the property of Hinton & Associates, Inc., and the Sonoma truck shall remain the
property of Husband. Husband shall be entitled to exclusive possession of both vehicles.
The parties further acknowledge that the 1999 Kawasaki Drifter motorcycle has been
sold. Wife shall make no claim regarding the motorcycle.
The 2001 Audi TT which had been leased by Hinton & Associates, Inc., and driven by
Wife was turned into Victory Auto for lease end processing on October 29, 2005. No claims
shall be made by Hinton & Associates, Inc., or Husband regarding said vehicle.
4
10. FINANCIAL AND INVESTMENT ACCOUNTS
The parties hereby agree that Husband shall retain as his sole and separate property, free
of any and all right, title, claim or interest of Wife, the financial and investment accounts which
appear below:
a. Members First Federal Credit Union checking account # 183469;
b. Legg Mason Value Trust account #294-1560526111;
c. Legg Mason Opportunity Trust account #1189-1560526111;
d. Munder Net Net A account #0002851418;
e. Internet Fund account #067-067-6700206403;
f. Fidelity Roth IRA.
The parties further agree that Wife shall retain as her sole and separate property, free of
any and all right, title, claim or interest of Husband, the financial and investment accounts which
appear below:
a. Members First Federal Credit Union savings and checking accounts; and
b. Comerica 401(k) account #272625.
11. CASH PAYMENT
In consideration of and for Wife's waiver and relinquishment of all rights arising from
their marital relationship, including but not limited to the conveyance to Husband of her interest
in the business known as Hinton & Associates, Inc., the marital investment funds, and as
otherwise set forth in this Agreement, Husband shall pay to Wife the sum of $80,000.00 in full
immediately upon execution of this Agreement and after all company-owned documents and
equipment, so defined in this Agreement, have been transferred by Wife to Husband.
5
For the purposes of this Agreement, company-owned documents and equipment
shall be defined as:
a. 2003 Accounts Payable, Accounts Receivables and Service Files;
b. 2004 Accounts Payable, Accounts Receivables and Service Files;
c. 2005 Accounts Payable, Accounts Receivables (Husband
already has the 2005 Service files);
d. UPS Scale;
e. Easy Pass;
f. P.O. Box key;
g. Checks;
h. Check card;
i. Vendor Certification binders;
j. Bank Stamp;
k. Return address stamp;
1. Kelly's personal computer;
m. Tax files and bank statements for 2003,2004, and 2005;
n. Any other customer files, documentation and the like in Wife's
possession;
o. Company letterhead and envelopes in Wife's possession.
12. HINTON & ASSOCIATES, INC.
Subject to the further provisions of this Agreement, Wife hereby relinquishes any and all
right, title, claim or interest that she may have in the business known as Hinton & Associates,
Inc. Wife shall sign any and all documents necessary to effectuate the relinquishment of any
6
legal or other interest she may have in and to the aforementioned business. Husband shall retain
all right, title and interest in and to Hinton & Associates, Inc., as his sole and exclusive property.
Husband shall be solely responsible for all of the debts, obligations and financial
commitments of Hinton & Associates, Inc., including but not limited to the M&T Bank loan and
home equity line of credit. Further, Husband agrees to hold Wife harmless from any such
obligations and shall indemnifY her from any and all expenses individually incurred by him
arising out of the business obligations. Husband shall take all steps necessary to have Wife
removed from the M&T Bank loan and any other obligations of the business on which her name
appears immediately upon the execution of this Agreement. Husband shall immediately take all
steps necessary to have Wife's name removed as a responsible party from all credit line
accounts, vendor/manufacturer accounts and any similar accounts, including, but not limited to,
M&T Bank, Ingram Micro, Hewlett-Packard, IBM and Cisco. Husband shall provide Wife with
verified documentation of the completion of this process within thirty (30) days from the date of
execution of this Agreement.
Wife shall provide Hinton & Associates, Inc. with documentation that the company
Capitol One credit card has been transferred into Wife's name, and Wife will be the sole
individual responsible for any current or future balances due.
Husband has neither contacted nor has been in contact with a prospective purchaser of
Hinton & Associates, Inc.
The parties acknowledge that contemporaneously with the execution of this Agreement,
they have executed a Stock Purchase Agreement in furtherance of the applicable provisions of
this Agreement.
7
The Company shall retain the following telephone numbers; 717-258-1573, 717-241-
9371, and 1-866-446-8667. Wife shall retain her personal telephone number (717-241-0700) and
long distance NTE, both of which shall be immediately transferred into her name. Wife shall
also retain her DSL line with P A.net and Sprint at 7 Eastwick Court, which shall not be cancelled
and shall be immediately transferred into her name. No other location of Hinton & Associates,
Inc., serviced by DSL will be transferred into Wife's name for payment reasons. Wife shall
retain all DSL equipment at 7 Eastwick Court. Wife shall be responsible for the costs associated
with the transfer of the DSL Internet connection into her name alone. The Company shall
remain responsible for costs and expenses of the following through and including the date of
execution of this Agreement: CTI (DSL), Cingular (cell phone), Sprint (4 telephone lines), and
NTE (long distance service) The charges associated with Wife's cell phone shall be transferred
into Wife's name effective the day following the date of execution of this Agreement.
Immediately upon execution of this Agreement, Husband shall provide Wife with
activation keys to ensure that all application software described herein and currently installed on
Wife's personal computer will be legally licensed: Norton Internet Services, Norton Antivirus,
and Microsoft Office Professional. Husband shall purchase a new CD burner for Wife for her
personal computer to replace the CD burner he removed from Wife's personal computer.
Hinton & Associates shall continue to provide medical insurance coverage for Wife as
presently provided under the group policy with Health Assurance and Guardian for a period of
one (1) month after the parties' execution of this Agreement and the Stock Agreement.
8
Husband shall not submit a forwarding request of mail from Wife's home address, 7
Eastwick Court, Carlisle, PA 17013. Any mail addressed to the company received by Wife at
her home address shall be promptly delivered to the Configuration Center.
13. PENDING LITIGATION
The parties acknowledge that they have been involved in certain legal disputes involving
Hinton & Associates, Inc., and Homesale Realty Services Group, Inc., Homesale Real Estate
Services, Inc., Homesale Settlement Services, Inc. and Shannon Terry. The parties further
acknowledge that said legal disputes have been fully and finally resolved pursuant to the
execution of Mutual Release by Husband and Wife and all of the parties referred to in this
paragraph. Wife hereby waives and relinquishes any right, title, claim or interest she might
otherwise have in and to any settlements or awards Hinton & Associates, Inc. or Husband have
received as a result of the aforementioned or any other legal actions regarding the business.
14. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS
The parties hereby agree and express their intent that any transfer of property pursuant to
this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of
property between spouses and former spouses. The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue Service to render the Act
applicable to the transfers set forth in this Agreement without recognition of gain on such
transfers and subject to the carry-over basis provisions of the said Act.
15. BANKRUPTCY
9
It is hereby understood and agreed by and between the parties that their obligations
pursuant to this Agreement shall not be affected by any bankruptcy proceeding involving the
parties individually or Hinton & Associates, and shall not be deemed to constitute or be a
dischargeable debt in any bankruptcy proceeding. Both parties warrant that he/she has not
heretofore instituted any proceedings pursuant to the Bankruptcy laws nor are there any such
proceedings pending with respect to him/her or Hinton & Associates that have been initiated by
others.
16. TAX RETURNS
The parties acknowledge that they have heretofore filed certain joint income tax returns.
The parties hereby agree that in the future, if any penalties or interest or any liability for failure
to declare income or as a result of disallowance of a claimed deduction shall be assessed by the
United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing
authority, said penalties or interest shall be paid by and solely attributable to and be the
responsibility of the party failing to declare said income or claiming the deduction. In addition,
the responsible party shall indemnifY, defend and hold the other party harmless against all tax,
penalty and interest payments, as well as attorney and accounting fees incurred arising from the
failure to declare income or disallowance of the claimed deduction. The parties further agree
that each will immediately forward to the other a copy of any deficiency notice or other
correspondence received by either of them from the Internal Revenue Service, Commonwealth
of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been
filed. The responsible party shall have ten (10) days after receipt of notice to either pay the
taxing authority or defend the innocent party against the taxing authority. Thereafter, the
10
innocent party shall have the right to secure hislher own counsel and the responsible party shall
pay the reasonable and necessary fees thereof.
17. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL
RIGHTS
Each of the parties hereto acknowledges that he or she is aware of his or her right to seek
discovery, including, but not limited to, written interrogatories, motions for production of
documents, the taking of oral depositions, the filing of inventories and all other means of
discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania
Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the
opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and
each is aware of his or her right to have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the Courts ofthis Commonwealth.
The parties do hereby acknowledge that there has been full and fair disclosure to the other of his
or her respective income, assets and liabilities, whether such are held jointly or in the name of
one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or
statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or
she is not aware of any marital asset which is not identified in this Agreement. The parties
hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair,
reasonable and equitable, and is satisfactory to them. Each of the parties hereto further
covenants and agrees for himself and herself and his or her heirs, executors, administrators or
assigns, that he or she will never at any time hereafter sue the other party or his or her heirs,
executors, administrators or assigns with respect to this divorce, alleging that there was a denial
of any rights to full disclosure, or that there was any duress, undue influence or that there was a
11
failure to have available full, proper and independent representation by legal counsel. The
parties acknowledge that a breach of this Agreement does, however, remain actionable.
18. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife
by her counsel, Paul J. Esposito, Esquire; and to Husband by his counsel, Maria P. Cognetti,
Esquire. Each party confirms that he or she fully understands the terms, conditions and
provisions of this Agreement and believes them to be fair, just, adequate and reasonable under
the existing circumstances.
19. WAIVER OF ALIMONY, ALIMONY PENDENTE LlTE,AND
SPOUSAL SUPPORT
Husband and Wife hereby expressly waive, discharge and release any and all rights and
claims which he or she may have now or hereafter by reason of the parties' marriage to alimony,
alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from
the parties' status as Husband and Wife. The parties further release and waive any rights they
may have to seek modification of the tenns of this Paragraph in a court oflaw or equity, it being
understood that the foregoing constitutes a final detennination for all time of either parties'
obligation to contribute to the support and maintenance of the other.
20. COUNSEL FEES, COSTS AND EXPENSES
Each party shall be solely responsible for his or her own legal fees, costs and expenses
incurred in connection with their separation and/or the dissolution of the marriage and the
preparation and execution of this Agreement.
21. WAIVER OF INHERITANCE RIGHTS
12
Unless otherwise specifically provided in this Agreement, as of the date of execution of
this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other,
any right to elect to take against the Will or any Trust of the other or in which the other has an
interest and each of the parties hereby waives any additional rights which said party has or may
have by reason of their marriage, except the rights saved or created by the terms of this
Agreement. This waiver shall be construed generally and shall include, but not be limited to, a
waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction.
22. WAIVER OF BENEFICIARY DESIGNA nON
As of the date of execution of this Agreement, unless otherwise specifically set forth
herein, each party hereto specifically waives any and all beneficiary rights and any and all rights
as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of this Agreement, including, but
not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans,
life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other
post-death distribution scheme, and each party expressly states that it is his and her intention to
revoke by the terms of this Agreement any beneficiary designations naming the other which are
in effect as of the date of execution of this Agreement. If and in the event the other party
continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the
benefl.ciary shall be deemed to be the estate of the deceased party. Notwithstanding any
continuing marital status between the parties, each shall sign whatever documents are necessary
to enable the other to designate new beneficiaries for retirement plans, insurance policies and
similar assets in order to conform with law.
13
23. RELEASE OF CLAIMS.
a. Wife and Husband acknowledge and agree that the property dispositions
provided for herein constitute an equitable distribution of their assets and
liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband
hereby waive any right to division oftheir property except as provided for
in this Agreement. Furthermore, except as otherwise provided for in this
Agreement, each of the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest
whatsoever he or she may have in property transferred to the other party
pursuant to this Agreement or identified in this Agreement as belonging to
the other party, and each party agrees never to assert any claim to said
property or proceeds in the future. However, neither party is released or
discharged from any obligation under this Agreement or any instrument or
document executed pursuant to this Agreement.
b. Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate ofthe other for all purposes from any
and all rights and obligations which either party may have or at any time
hereafter has for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs,
expenses, and any other right or obligation, economic or otherwise,
whether arising out of the marital relationship or otherwise, including all
rights and benefits under the Pennsylvania Divorce Code of 1980, its
14
supplements and amendments, as well as under any other law of any other
jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions. Neither party
shall have any obligation to the other not expressly set forth herein.
c. Except as set forth in or as to any breach of this Agreement, each party
hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrators, assigns, property and
estate from any and all rights, claims, demands or obligations arising out
of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts,
contracts, engagements or liabilities of the other or by way of dower,
curtesy, widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as
testamentary or all other rights of a surviving spouse to participate in a
deceased spouse's estate, whether arising under the laws of Pennsylvania,
any state, commonwealth or territory of the United States, or any other
country.
d. Except for the obligations of the parties contained in this Agreement and
such rights as are expressly reserved herein, each party gives to the other
by the execution of this Agreement an absolute and unconditional release
15
and discharge from all causes of action, claims, rights or demands
whatsoever in law or in equity, which either party ever had or now has
against the other.
e. Husband and Wife acknowledge that Husband has instituted a no-fault
action in divorce against Wife docketed to No. 01-2494 in the Court of
Common Pleas of Cumberland County, Pennsylvania. Husband shall,
promptly and without delay, proceed with the said divorce action, and the
parties shall execute all documents necessary to conclude the divorce
immediately upon presentation of same.
24. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN
DIVORCE DECREE
This Agreement may be incorporated into a decree of divorce for purposes of
enforcement only, but shall not be merged into said decree. The parties shall have the right to
enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall
retain any remedies in law or in equity under this Agreement as an independent contract. Such
remedies in law or equity are specifically not waived or released.
25. MODIFICATION
No modification, rescission or amendment to this Agreement shall be effective unless in
writing and signed by each of the parties hereto.
26. WAIVER OF BREACH
The waiver by one party of any breach of this Agreement by the other party shall not be
deemed a waiver of any other breach of any provision of this Agreement.
27. APPLICABLE LAW
16
All acts contemplated by this Agreement shall be construed and enforced under the
substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of
this Agreement.
28. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be void,
invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue
in full force and effect without being impaired or invalidated in any way.
29. AGREEMENT BINDING ON PARTIES AND HEIRS
This Agreement shall bind the parties hereto and their respective heirs, executors,
administrators, legal representatives, assigns and successors.
30. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor
shall they affect its meaning, construction or effect.
31. ENTIRE AGREEMENT
Each party acknowledges that he or she has carefully read this Agreement; that he or she
has had ample opportunity to discuss its provisions with an attorney of his or her own choice,
and has executed it freely and voluntarily. The parties further acknowledge and confirm that the
execution of this Agreement is not the result of any duress, undue influence, collusion or
improper or illegal agreement or agreements; and that this instrument expresses the entire
agreement between the parties concerning the subjects it purports to cover and supersedes any
17
and all prior agreements between the parties. This Agreement shall be interpreted fairly and
simply, and not strictly for or against either of the parties.
32. MUTUAL COOPERATION
Each party shall, on demand, execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiary designations and other documents, and shall do
or cause to be done every other act or thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party unreasonably fails on demand to
comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and
other expenses actually incurred as a result of such failure.
33. BREACH
If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the
breaching party all costs, expenses and legal fees actually incurred in the enforcement of the
rights of the non-breaching party.
34. DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which the parties signed the Agreement if they did so on the same date, or if not on the
same date, then the date on which the Agreement was signed by the last party to execute this
Agreement.
35. EFFECTIVE DATE
18
This Agreement shall become effective and binding upon both parties on the execution
date.
36. EFFECT OF RECONCILIATION, COHABITATION OR
DIVORCE
This Agreement shall remain in full force and effect and shall not be abrogated even if
the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event ofthe
parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESS:
19
.
~
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
v.
KIM LOUISE HINTON, a/k1a
KIM LOUISE KUHN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2494 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the
Divorce Complaint was served upon the Defendant by certified mail, return receipt requested, on
the 3'" day of May, 2001. The original signed retum receipt, number P 902 067200, is attached
hereto and made a part hereof.
Date: February 1, 2006
MARIA P. COGNETTI & ASSOCIATES
By:
-'--(7' ,
, ,
210 Grandview Avenue, Suite 102
Camp HilI, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
.
.
MARIA P. COGNETTJ & ASSOCIATES
MARIA P. COGNETTJ, ESQUIRE
Attorney I.D, No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
PENNSYL VANIA
v.
KIM LOUISE HINTON, alk/a
KIM LOUISE KUHN,
Defendant
Sender:
RE: HINTON V.HINTON
MARIA P. com' 'TI, ESQUIRE
MARIA P. COGl'. ,n & ASSOCIATES
210 GRANDVIEW AVENUE, STE 102
CAMPHILL,PA 17011
sa print clearly)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
NO. 01-2494 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
P 902 067 200
2, D RESTRICTED 4b. Service Type
DELIVERY CERTIFIED
IIIIIII[IIIIIIIIIIII~III[IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~III1111
P 902 067 200
8. Addressee-'s Address Iii dilfuronl from addross used by sendltr) 3. Article Addressed 10:
MS. KIM L. HINTON
'secoiidary"Addre-ss"Tsuiie7Api,7Flo';;:"'(Pi~~$enp-;i;';;"I~"e~'ilyj 7 EASTWICK COURT
CARISLE PA 17013
'Oeii~;;;y"Aiici;es;
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PS Form 3811, December 1994 IUSA4199 CMF-G88
DOMESTIC RETURN RECEIPT
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this .10</4. day of ~''-1uarr ' 2006,
by and between KIM L. KUHN, (hereinafter referred to as "Wife") and GEORGE A.
HINTON, (hereinafter referred to as "Husband").
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on July 9,
1999, in Dauphin County, Pennsylvania; and
WHEREAS, the parties were separated on or about November 12, 2000; and
WHEREAS, no children have been born to the marriage; and
WHEREAS, certain differences, disputes and difficulties have arisen between the parties
as a result of which they intend to live separate and apart for the rest of their natural lives, 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 claims between them relating to the ownership and equitable distribution of their real and
personal property; the settling of all matters between them relating to the past, present and future
support, alimony, alimony pendente lite 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 estate.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife,
each intending to be legally bound and to legally bind their heirs, successors and assigns hereby
covenant, promise and agree as follows:
1. SEPARATION
Husband and Wife shall at all times have the right to live separate and apart from each
other and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint or interference whatsoever by the other, subject to the further
provisions of this Agreement.
2. HUSBAND'S DEBTS
Husband represents and warrants to Wife that he has not and, in the future, 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.
3. WIFE'S DEBTS
Wife represents and warrants to Husband that she has not and, in the future, 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.
2
4. OUTSTANDING JOINT DEBTS
Husband and Wife acknowledge and agree that they have no outstanding debts and
obligations which were jointly incurred by them during their marriage with the exception of
those which are set forth elsewhere in this Agreement.
5. LIABILITY NOT LISTED
Each party represents and warrants to the other that he or she has not incurred any debt,
obligation or other liability, other than those described in this Agreement, for which the other
party is or may be liable. A liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to
pay it as the same shall become due, and to indemnify and hold the other party and his or her
property harmless from any and all such debts, obligations and liabilities.
6. DISPOSITION OF REAL PROPERTY
The parties acknowledge that neither party acquired any real estate during their marriage.
They further acknowledge that each of them acquired, individually, an interest in real estate prior
to their marriage, and consequently consider their respective real property to be their separate
property. More specifically, Husband shall continue to be the sole and exclusive owner of the
property situate at 16 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania and
Wife shall continue to be the sole and exclusive owner of the property situate at 7 Eastwick
Court, Carlisle, Cumberland County, Pennsylvania. Each party hereby waives and relinquishes
to the other, any right, title or interest in and to the real estate of the other.
3
7. DIVISION OF PERSONAL PROPERTY
The parties agree that they have divided their separate and marital personal property to
their mutual satisfaction. As of the execution date of this Agreement, any and all property not
specifically addressed herein shall be owned by the party to whom the property is titled, and if
untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from each to the other.
8. AFTER-ACQUIRED PROPERTY
The parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, real, personal or mixed, tangible or intangible, which are or were
acquired by him or her after the parties' date of separation, with full power in him or her to
dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or
she were unmarried.
9. MOTOR VEHICLES
The parties acknowledge that the 2001 Audi A4 is owned by Hinton & Associates, Inc.,
and the 1992 GMC Sonoma truck is owned by Husband. The parties hereby agree that the Audi
shall remain the property of Hinton & Associates, Inc., and the Sonoma truck shall remain the
property of Husband. Husband shall be entitled to exclusive possession of both vehicles.
The parties further acknowledge that the 1999 Kawasaki Drifter motorcycle has been
sold. Wife shall make no claim regarding the motorcycle.
The 2001 Audi TT which had been leased by Hinton & Associates, Inc., and driven by
Wife was turned into Victory Auto for lease end processing on October 29,2005. No claims
shall be made by Hinton & Associates, Inc., or Husband regarding said vehicle.
4
10. FINANCIAL AND INVESTMENT ACCOUNTS
The parties hereby agree that Husband shall retain as his sole and separate property, free
of any and all right, title, claim or interest of Wife, the financial and investment accounts which
appear below:
a. Members First Federal Credit Union checking account #183469;
b. Legg Mason Value Trust account #294-1560526111;
c. Legg Mason Opportunity Trust account #1189-1560526111;
d. Munder Net Net A account #0002851418;
e. Internet Fund account #067-067-6700206403;
f. Fidelity Roth IRA.
The parties further agree that Wife shall retain as her sole and separate property, free of
any and all right, title, claim or interest of Husband, the financial and investment accounts which
appear below:
a. Members First Federal Credit Union savings and checking accounts; and
b. Comerica 401(k) account #272625.
11. CASH PAYMENT
In consideration of and for Wife's waiver and relinquishment of all rights arising from
their marital relationship, including but not limited to the conveyance to Husband of her interest
in the business known as Hinton & Associates, 1nc., the marital investment funds, and as
otherwise set forth in this Agreement, Husband shall pay to Wife the sum of $80,000.00 in full
immediately upon execution of this Agreement and after all company-owned documents and
equipment, so defined in this Agreement, have been transferred by Wife to Husband.
5
For the purposes of this Agreement, company-owned documents and equipment
shall be defined as:
a. 2003 Accounts Payable, Accounts Receivables and Service Files;
b. 2004 Accounts Payable, Accounts Receivables and Service Files;
c. 2005 Accounts Payable, Accounts Receivables (Husband
already has the 2005 Service files);
d. UPS Scale;
e. Easy Pass;
f. P.O. Box key;
g. Checks;
h. Check card;
I. Vendor Certification binders;
J. Bank Stamp;
k. Return address stamp;
1. Kelly's personal computer;
m. Tax files and bank statements for 2003,2004, and 2005;
n. Any other customer files, documentation and the like in Wife's
possession;
o. Company letterhead and envelopes in Wife's possession.
12. HINTON & ASSOCIATES. INC.
Subject to the further provisions of this Agreement, Wife hereby relinquishes any and aU
right, title, claim or interest that she may have in the business known as Hinton & Associates,
Inc. Wife shall sign any and aU documents necessary to effectuate the relinquishment of any
6
legal or other interest she may have in and to the aforementioned business. Husband shall retain
all right, title and interest in and to Hinton & Associates, Inc., as his sole and exclusive property.
Husband shall be solely responsible for all of the debts, obligations and financial
commitments of Hinton & Associates, Inc., including but not limited to the M&T Bank loan and
home equity line of credit. Further, Husband agrees to hold Wife harmless from any such
obligations and shall indemnify her from any and all expenses individually incurred by him
arising out of the business obligations. Husband shall take all steps necessary to have Wife
removed from the M&T Bank loan and any other obligations of the business on which her name
appears immediately upon the execution of this Agreement. Husband shall immediately take all
steps necessary to have Wife's name removed as a responsible party from all credit line
accounts, vendor/manufacturer accounts and any similar accounts, including, but not limited to,
M&T Bank, Ingram Micro, Hewlett-Packard, IBM and Cisco. Husband shall provide Wife with
verified documentation ofthe completion of this process within thirty (30) days from the date of
execution ofthis Agreement.
Wife shall provide Hinton & Associates, Inc. with documentation that the company
Capitol One credit card has been transferred into Wife's name, and Wife will be the sole
individual responsible for any current or future balances due.
Husband has neither contacted nor has been in contact with a prospective purchaser of
Hinton & Associates, Inc.
The parties acknowledge that contemporaneously with the execution ofthis Agreement,
they have executed a Stock Purchase Agreement in furtherance of the applicable provisions of
this Agreement.
7
The Company shall retain the following telephone numbers; 717-258-1573, 717-241-
9371, and 1-866-446-8667. Wife shall retain her personal telephone number (717-241-0700) and
long distance NTE, both of which shall be immediately transferred into her name. Wife shall
also retain her DSL line with PA.net and Sprint at 7 Eastwick Court, which shall not be cancelled
and shall be immediately transferred into her name. No other location of Hinton & Associates,
Inc., serviced by DSL will be transferred into Wife's name for payment reasons. Wife shall
retain all DSL equipment at 7 Eastwick Court. Wife shall be responsible for the costs associated
with the transfer of the DSL Internet connection into her name alone. The Company shall
remain responsible for costs and expenses of the following through and including the date of
execution of this Agreement: CTI (DSL), Cingular (cell phone), Sprint (4 telephone lines), and
NTE (long distance service) The charges associated with Wife's cell phone shall be transferred
into Wife's name effective the day following the date of execution of this Agreement.
Immediately upon execution of this Agreement, Husband shall provide Wife with
activation keys to ensure that all application software described herein and currently installed on
Wife's personal computer will be legally licensed: Norton Internet Services, Norton Antivirus,
and Microsoft Office Professional. Husband shall purchase a new CD burner for Wife for her
personal computer to replace the CD burner he removed from Wife's personal computer.
Hinton & Associates shall continue to provide medical insurance coverage for Wife as
presently provided under the group policy with Health Assurance and Guardian for a period of
one (I) month after the parties' execution of this Agreement and the Stock Agreement.
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Husband shall not submit a forwarding request of mail from Wife's home address, 7
Eastwick Court, Carlisle, PA 17013. Any mail addressed to the company received by Wife at
her home address shall be promptly delivered to the Configuration Center.
13. PENDING LITIGATION
The parties acknowledge that they have been involved in certain legal disputes involving
Hinton & Associates, Inc., and Homesale Realty Services Group, Inc., Homesale Real Estate
Services, Inc., Homesale Settlement Services, Inc. and Shannon Terry. The parties further
acknowledge that said legal disputes have been fully and finally resolved pursuant to the
execution of Mutual Release by Husband and Wife and all ofthe parties referred to in this
paragraph. Wife here by waives and relinquishes any right, title, claim or interest she might
otherwise have in and to any settlements or awards Hinton & Associates, Inc. or Husband have
received as a result of the aforementioned or any other legal actions regarding the business.
14. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS
The parties hereby agree and express their intent that any transfer of property pursuant to
this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of
property between spouses and former spouses. The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue Service to render the Act
applicable to the transfers set forth in this Agreement without recognition of gain on such
transfers and subject to the carry-over basis provisions of the said Act.
15. BANKRUPTCY
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It is hereby understood and agreed by and between the parties that their obligations
pursuant to this Agreement shall not be affected by any bankruptcy proceeding involving the
parties individually or Hinton & Associates, and shall not be deemed to constitute or be a
dischargeable debt in any bankruptcy proceeding. Both parties warrant that he/she has not
heretofore instituted any proceedings pursuant to the Bankruptcy laws nor are there any such
proceedings pending with respect to him/her or Hinton & Associates that have been initiated by
others.
16. TAX RETURNS
The parties acknowledge that they have heretofore filed certain joint income tax returns.
The parties hereby agree that in the future, if any penalties or interest or any liability for failure
to declare income or as a result of disallowance of a claimed deduction shall be assessed by the
United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing
authority, said penalties or interest shall be paid by and solely attributable to and be the
responsibility of the party failing to declare said income or claiming the deduction. In addition,
the responsible party shall indemnifY, defend and hold the other party harmless against all tax,
penalty and interest payments, as well as attorney and accounting fees incurred arising from the
failure to declare income or disallowance of the claimed deduction. The parties further agree
that each will immediately forward to the other a copy of any deficiency notice or other
correspondence received by either of them from the Internal Revenue Service, Commonwealth
of Pennsylvania or other taxing authority, concerning tax years for which ajoint return has been
filed. The responsible party shall have ten (10) days after receipt of notice to either pay the
taxing authority or defend the innocent party against the taxing authority. Thereafter, the
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innocent party shall have the right to secure his/her own counsel and the responsible party shall
pay the reasonable and necessary fees thereof.
17. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL
RIGHTS
Each of the parties hereto acknowledges that he or she is aware of his or her right to seek
discovery, including, but not limited to, written interrogatories, motions for production of
documents, the taking of oral depositions, the filing of inventories and all other means of
discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania
Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the
opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and
each is aware of his or her right to have the real and/or personal property, estate and assets,
earnings and income ofthe other assessed or evaluated by the Courts of this Commonwealth.
The parties do hereby acknowledge that there has been full and fair disclosure to the other of his
or her respective income, assets and liabilities, whether such are held jointly or in the name of
one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or
statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or
she is not aware of any marital asset which is not identified in this Agreement. The parties
hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair,
reasonable and equitable, and is satisfactory to them. Each ofthe parties hereto further
covenants and agrees for himself and herself and his or her heirs, executors, administrators or
assigns, that he or she will never at any time hereafter sue the other party or his or her heirs,
executors, administrators or assigns with respect to this divorce, alleging that there was a denial
of any rights to full disclosure, or that there was any duress, undue influence or that there was a
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failure to have available full, proper and independent representation by legal counsel. The
parties acknowledge that a breach of this Agreement does, however, remain actionable.
18. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife
by her counsel, Paul J. Esposito, Esquire; and to Husband by his counsel, Maria P. Cognetti,
Esquire. Each party confirms that he or she fully understands the terms, conditions and
provisions ofthis Agreement and believes them to be fair, just, adequate and reasonable under
the existing circumstances.
19. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND
SPOUSAL SUPPORT
Husband and Wife hereby expressly waive, discharge and release any and all rights and
claims which he or she may have now or hereafter by reason of the parties' marriage to alimony,
alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from
the parties' status as Husband and Wife. The parties further release and waive any rights they
may have to seek modification of the terms of this Paragraph in a court oflaw or equity, it being
understood that the foregoing constitutes a final determination for all time of either parties'
obligation to contribute to the support and maintenance of the other.
20. COUNSEL FEES, COSTS AND EXPENSES
Each party shall be solely responsible for his or her own legal fees, costs and expenses
incurred in connection with their separation and/or the dissolution of the marriage and the
preparation and execution of this Agreement.
21. WAIVER OF INHERITANCE RIGHTS
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Unless otherwise specifically provided in this Agreement, as ofthe date of execution of
this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other,
any right to elect to take against the Will or any Trust of the other or in which the other has an
interest and each of the parties hereby waives any additional rights which said party has or may
have by reason of their marriage, except the rights saved or created by the terms of this
Agreement. This waiver shall be construed generally and shall include, but not be limited to, a
waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction.
22. WAIVER OF BENEFICIARY DESIGNATION
As of the date of execution of this Agreement, unless otherwise specifically set forth
herein, each party hereto specifically waives any and all beneficiary rights and any and all rights
as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of this Agreement, including, but
not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans,
life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other
post-death distribution scheme, and each party expressly states that it is his and her intention to
revoke by the terms of this Agreement any beneficiary designations naming the other which are
in effect as of the date of execution of this Agreement. If and in the event the other party
continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the
beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any
continuing marital status between the parties, each shall sign whatever documents are necessary
to enable the other to designate new beneficiaries for retirement plans, insurance policies and
similar assets in order to conform with law.
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23. RELEASE OF CLAIMS.
a. Wife and Husband acknowledge and agree that the property dispositions
provided for herein constitute an equitable distribution of their assets and
liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband
hereby waive any right to division of their property except as provided for
in this Agreement. Furthermore, except as otherwise provided for in this
Agreement, each of the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest
whatsoever he or she may have in property transferred to the other party
pursuant to this Agreement or identified in this Agreement as belonging to
the other party, and each party agrees never to assert any claim to said
property or proceeds in the future. However, neither party is released or
discharged from any obligation under this Agreement or any instrument or
document executed pursuant to this Agreement.
b. Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate of the other for all purposes from any
and all rights and obligations which either party may have or at any time
hereafter has for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs,
expenses, and any other right or obligation, economic or otherwise,
whether arising out of the marital relationship or otherwise, including all
rights and benefits under the Pennsylvania Divorce Code of 1980, its
14
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supplements and amendments, as well as under any other law of any other
jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions. Neither party
shall have any obligation to the other not expressly set forth herein.
c. Except as set forth in or as to any breach of this Agreement, each party
hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrators, assigns, property and
estate from any and all rights, claims, demands or obligations arising out
of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts,
contracts, engagements or liabilities of the other or by way of dower,
curtesy, widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as
testamentary or all other rights of a surviving spouse to participate in a
deceased spouse's estate, whether arising under the laws of Pennsylvania,
any state, commonwealth or territory of the United States, or any other
country.
d. Except for the obligations of the parties contained in this Agreement and
such rights as are expressly reserved herein, each party gives to the other
by the execution ofthis Agreement an absolute and unconditional release
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and discharge from all causes of action, claims, rights or demands
whatsoever in law or in equity, which either party ever had or now has
against the other.
e. Husband and Wife acknowledge that Husband has instituted a no-fault
action in divorce against Wife docketed to No. 01-2494 in the Court of
Common Pleas of Cumberland County, Pennsylvania. Husband shall,
promptly and without delay, proceed with the said divorce action, and the
parties shall execute all documents necessary to conclude the divorce
immediately upon presentation of same.
24. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN
DIVORCE DECREE
This Agreement may be incorporated into a decree of divorce for purposes of
enforcement only, but shall not be merged into said decree. The parties shall have the right to
enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall
retain any remedies in law or in equity under this Agreement as an independent contract. Such
remedies in law or equity are specifically not waived or released.
25. MODIFICATION
No modification, rescission or amendment to this Agreement shall be effective unless in
writing and signed by each of the parties hereto.
26. WAIVER OF BREACH
The waiver by one party of any breach of this Agreement by the other party shall not be
deemed a waiver of any other breach of any provision of this Agreement.
27. APPLICABLE LAW
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All acts contemplated by this Agreement shall be construed and enforced under the
substantive laws of the Commonwealth of Pennsylvania in effect as ofthe date of execution of
this Agreement.
28. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be void,
invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue
in full force and effect without being impaired or invalidated in any way.
29. AGREEMENT BINDING ON PARTIES AND HEIRS
This Agreement shall bind the parties hereto and their respective heirs, executors,
administrators, legal representatives, assigns and successors.
30. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor
shall they affect its meaning, construction or effect.
31. ENTIRE AGREEMENT
Each party acknowledges that he or she has carefully read this Agreement; that he or she
has had ample opportunity to discuss its provisions with an attorney of his or her own choice,
and has executed it freely and voluntarily. The parties further acknowledge and confirm that the
execution of this Agreement is not the result of any duress, undue influence, collusion or
improper or illegal agreement or agreements; and that this instrument expresses the entire
agreement between the parties concerning the subjects it purports to cover and supersedes any
17
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and all prior agreements between the parties. This Agreement shall be interpreted fairly and
simply, and not strictly for or against either ofthe parties.
32. MUTUAL COOPERATION
Each party shall, on demand, execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiary designations and other documents, and shall do
or cause to be done every other act or thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party unreasonably fails on demand to
comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and
other expenses actually incurred as a result of such failure.
33. BREACH
If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the
breaching party all costs, expenses and legal fees actually incurred in the enforcement of the
rights of the non-breaching party.
34. DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which the parties signed the Agreement if they did so on the same date, or ifnot on the
same date, then the date on which the Agreement was signed by the last party to execute this
Agreement.
35. EFFECTIVE DATE
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This Agreement shall become effective and binding upon both parties on the execution
date.
36. EFFECT OF RECONCILIATION, COHABITATION OR
DIVORCE
This Agreement shall remain in full force and effect and shall not be abrogated even if
the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term ofthis Agreement to
be null and void.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESS:
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney 1.0. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No, (717) 909-4060
Attorneys for Plaintiff
GEORGE ANTHONY HINTON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-2494 CIVIL TERM
KIM LOUISE HINTON, a/k/a/
KIM LOUISE KUHN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
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. Grounds for divorce: Irretrievable breakdown under ~ 3301(c) ofthe Divorce
Code.
2. Date and manner of service of the Complaint: Service was accepted by the
Defendant on the 3'd day of May, 2001, by certified mail, return receipt requested.
3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the
Divorce Code: by Plaintiff, George A. Hinton, on January 16, 2006; by Defendant, Kim L.
Hinton a/k/a Kim L. Kuhn, on January 16,2006.
4. Related claims pending: Settled by Agreement dated January 16,2006.
5. Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the
Prothonotary: January 25,2006.
Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the
Prothonotary: January 25, 2006.
MARIA P. COGNETTI & ASSOCIATES
Date: '/31/0C4
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
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GEORGE A. HINTON,
VERSUS
KIM L. HINTON alkfa,
KIM L. KUHN
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AND NOW,
DECREED THAT
OFCUMBERLANDCOUNTY
PENNA.
01-2494 CIVIL TERM
Plaintiff
No.
Defendant
DECREE IN
DIVORCE
~~
2006
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IT IS ORDERED AND
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GEORGE A. HINTON
, PLAI NTI FF,
KIM L. HINTON alkla KIM L. KUHN
, DEFENDANT,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORr;\'!t...:H1S ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; UJ'~
Tbe terms oftbe parties' Property Settlement Agreement dated January 16,2006, and
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PROTHONOTARY
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