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HomeMy WebLinkAbout02-0865In the Court of Common Pleas of Cumberland County, Pennsylvania Daren W. Hockenberry, Plaintiff Deanna R. Hockenberry Defendant CWIL ACTION - LAW F.R. of 2002-- ~&~'~/~ 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 loose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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 a 157 Lincoln Way East, Chambersburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS 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. Pa. Bar Association Lawyer Referral Service 1-800-692-7375 (Pa.) (717) 238-6715 In the Court of Common Pleas of Cumberland County, Pennsylvania Daren W. Hockenberry, Plaintiff Deanna R. Hockenberry, Defendant ) CIVIL ACTION - LAW ) ) F.R. of 2002 -. 8b c~ ) ) COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff, Daren W. Hockenberry, is a citizen of Pennsylvania, residing 401 Steelstown Road, Newville, Pennsylvania 17241. 2. Defendant, Deanna R. Hockenberry, is a citizen of Pennsylvania, residing at 401 Steelstown Road, Newville, Pennsylvania 17241. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on April 17, 1993, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The mardage is irretrievably broken. 7. The Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 8. Plaintiffrequests the court to enter a decree ofdivome. 9. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divome. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divome after ninety(90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301(c) of the Divome Code. ' ger 173 L.W.F_~./ Chambersl~urg, Pa. 17201 717 261-5799 I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date:~ Daren W. Hockenbel~ AMERICANS WITH DISABILITY ACT OF 1990 THE Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. By the Court, C) c£ L~ DIVORCE INFORMATION SHEET ~URSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF 'HE VITAL STATISTICS FORM. ~LEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DOCKET NUMBER: DATE OF MARRIAGE: DAREN W. HOCKENBERRY, Plaintiff Vo DEANNA R. HOCKENBERRY, Defendant TO: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-865 CIVIL TERM : : IN DIVORCE PRAECIPE FOR APPEARANCE WAYNE F. SHADE A~mey at Law 53 West Pomfret Street Carlisle, pennsylvania Curtis R. Long, Prothonotary Please enter the appearance of the undersigned on behalf of Defendant in the above-captioned matter. Date: March 13, 2002 Wayne~. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania Daren W. Hockenberry, Plaintiff Deanna R. Hockenberry, Defendant ) CIVIL ACTION - LAW ) ) F.R 865 of 2002 ) ) Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 20, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to entry of a final decree of divorce. 4. I understand that the court costs in this matter are to he paid by the Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. ~aren W. ][-Iockenb~g~5 In the Court of Common Pleas of Cumberland County, Pennsylvania Daren W. Hockenberry, Plaintiff Deanna R. Hockenberry, Defendant ) CIVIL ACTION - LAW ) ) F.R. ~_~f2002 ) ) Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce wilhout notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before divorce is granted. 3. I understand that I will not be divorced until a divorce 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Daren W. Hockenbg!~:~ DAREN W. HOCKENBERRY, Plaintiff DEANNA R. HOCKENBERRY, Defendant WAYNE F. SHADE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-865 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of ~vailability of Counseling was filed on February 20, 2002, and served on March 9, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. o I consent to the entry of a Final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAYNE F. SHADE Attorney at Law 53 West Porafret Street Carlisle, Pennsylvania 17013 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: December 31, 2003 Deanna R. Hockenberry ~./ WAYNE F. SHADE 17013 PROPERTY SETTLEMENT AND SEPARATIO~ AGREEMENT THIS AGREEMENT, madethis ]~ dayof ~9C~'~ - 2003, at Carlisle, Cumberland County, Pennsylvania, by and between DAREN W. HOCKENBERRY of 19 Cumberland Avenue, Shippensburg, Franklin County, Pennsylvania 17257 (hereinafter referenced as "Husband") AND DEANNA R. HOCKENBERRY of 401 Sleclstown Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have. been living separately and apart since July 28, 2001. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and properly rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a WAYNE F. SHAD Attorney at Law $3Wes, P om£r~ Carlisle, Pennsylvania 17013 manner which conforms to the criteria set forth in §401 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity o f each party for: future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties esiablished during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute m anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution o ['the parties. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein shall -2- tbrever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enlbrcc thc terms ofthis Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be inodifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend io be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is ~pon an agrce, ment for institution and prosecution of an action for divorce. ~lothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by ltusband and Wife, each to the other, that this Agreement is lawfill and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife -3- WAYNE F. SIIADE each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, For any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to'all or any part of this Agreement. 2.04 Representation by Independent Counsel Each of the parties are represented by independent counsel in the preparation and execution of this Agreement. Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Larry K. Meminger, Esquire. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. The marital dwelling known and numbered as 401 Steelstown Road, Newville, Pennsylvania, shall be transferred to Wife, subject to the mortgage of record to First Nationwide Mortgage Company, concurrently with execution of this Agreement in order to enable her to refinance the joint mortgage against the premises in her name, alone. Wife will be responsible for preparation of the Deed and the recording fees. 3.02 Equitable Division of Personal Property. (a) The furniture, household goods and other similar untitled personal property have been divided to the mutual satisfaction ot'the parties hereto, and each of the parties -4- WAYNE F. SHADE retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party il; in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement. (b) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee pension, deferred compensation and savings plans, if any, of the other. Such release will expressly extend to all rights to pre-retirement death benefits and survivor benefits and includes the unequivocal consent to the designation by the other of any alternate or further beneficiaries at anytime. The parties acknowledge that the effect of this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. (c) The parties will execute and deliver any documents necessary to formally release their rights and all claims to the life insurance of the other. (d) Husband will retain ownership of his personal motor vehicle and his 1996 Yamaha dirt bike, and Wife will retain ownership of her personal motor vehicle. -5- WAYNE F. StlAD Attorney at Law 53 West Pom/h Carlisle, Pennsylvania 17013 (e) On or before January 2, 2004, Husband will deposit with counsel for Husband thc sum of Eighteen Thousand and No/100 ($18,000.00) Dollars which will be held in escrow by counsel for tlusband and transferred by counsel for Husband to counsel for Wife as attorney for Wife upon issuance ora full and final Decree divorcing the parties from the bonds of matrimony. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Responsibility fbr the outstanding loan obligations of the parties is assigned, as follows: (a) Immediately upon execution ofthisAgreement by Husband, Wife will apply to refinance the mortgage against the marital dwelling. (b) Wife will assume responsibility for her automobile loan at First Commonwealth Bank and her two Visa credit card accounts. (c) Husband will assume liability for all obligations at PSECU. (d) Prior to filing his consent to divorce, Husband will provide Wife with documentation from PSECU releasing her from all joint obligations at PSECU. 4.02 Post-Separation Obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. -6- WAYNE F, SHADE Altorney at Law 53 West Pomfrel S~reel Carlisle, Pennsylvania 17013 4.03 Indemnification. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under the provisions of this Agreement. 4.04 Bankruptcy. The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the eveut that either party becomes a debtor in bankruptcy or financial reorganizatioo proceedings ofany kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the · ' ts of this Agreement, the debtor spouse hereby waives, releases and relinquishes right to claim any exemption (whether granted under state or federal law) to any property remaining in the. debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of thc debtor's exempt property sufficient to meet all obligations to the credilor spouse as set forth herein, including all attorney's fees and costs incurred in the entbrcement of this paragraph or any other provision of this Agreement. No obligalion created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any part3 to meet his or her obligations under any one or more of the -7- WAYNE F. SHADE paragraphs herein, with the exception of thc satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. ARTICLE V ALIMONY 5.01 Qualified Waiver. Husband will continue to pay to Wife the sum of Four Hundred and No/100 ($400.00) Dollars every two weeks until Wife has closed on the refinancing of the mortgage against the marital dwelling and Husband has deposited the sum of Eighteen Thousand and No/100 ($18,000.00) Dollars in escrow with his counsel and provided Wife with documentation from PSECU releasing her from all joint obligations at PSECU. Thereafter, each of thb parties waives alimony generally. However, any obligations assumed by the parties under this Agreement as to which benefits flow to the other .spouse shall be payable as alimony for the purposes of enforcement and so as to constitute an exception to discharge in bankruptcy but will not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VI COUNSEL FEES 6.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty (180) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. -8- WAYNE F. SHADE Carlisle, Pennsylvania 6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as lbllows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enlbrcement of this Agreement or any valid modifications hereof, the substantially prevailing party shall be e~titled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or lo enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy,but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VII GENERAL PROVISIONS 7.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns, they will file income taxes jointly for tax year 2003. Any income tax refund for 2003 will be divided equally, or the parties will each pay one-half of any income tax due. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against -9- WAYNE F. SHADE either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except al otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 7.02 General Release of Ail Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other irrstrument or document executed pursuant to this Agreement. 7.03 Subsequent Divorce. Wife will apply for health insurance through her employment at her first opportunity to do so which will be in January of 2004. The pending divorce proceedings between the parties hereto will not be concluded ,ntil her health insurance coverages are in effect. 7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws ofany.iurisdiction, as follows: -10- WAYN~ F. SHADE (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other parties' estate in cases ofintestacy. (c) to act as executor or administrator of the other parties' estate. (d) the right to alimony, spousa] support, alimony pendente lite, attorney's fees and equitable distribution. 7.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or'for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 7.06 Full Disclusure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of -11- income received or receivable by each party, and of every other fact relating in any~vay to the subject matter of this Agreement. These disclosures are part of thc considerations made by each party for entering into this Agreement. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the executiori of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding ).he foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an'a~sset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date 0fthe within Agreement are expressly preserved. In the event that either party, at any time hereafter, should discover such an undisclosed asset, the party shall have thc right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 7.07 Right to IAve Separately and Free from Interference. Each party will live separately and apart l?om the other at any place or places that he or she may select. -12- WAYNE party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned' or hereafter acquired by the other. 7.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or. having had the opportunity to do so, having decided not to do so. (c) Has given car.eful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 7.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure ora party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. -13- WAYNE F. SHADE Altorncy al Law 7.10 Default. I f either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her ejection, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or ir~pair either party in the exercise of this election. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require slrict performance of any other obligations under this Agreement. 7.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 7.12 Law Governing Agreement. This Agreement shall be governed by and construed in accordance w/th the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. 7.13 Condition Subsequent. This Agreement is expressly contingent upon Wife's ability to borrow $95,000 at fixed market residential mortgage interest rates with a thirty year amortization. 7.14 Reconciliation. Irrespective of the reference in the title of this Agreement to marital separation, this Agreement is intended to be a postnuptial agreement. In the event of reconciliation, attempted rcconcili~tion or other cohabitation of the parties hereto of -14- WAYNE F. SItADE Attorney at Law 53 West Pomfrel short or long duration after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified. Any attempted reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreem'ent has been revoked or modified shall not establish any additional marital rights or obligations as a result of the attempted reconciliation. IN WITNESS V~EREOF, the parties hereio have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed an in t~ ~'ivered Daren W. Hocken.~</ Deanna R. Hockenl~erry ~ (SEAL) (SEAL) -15- WAYNE F, SHADI~ Carlisle, Pennsylvania COMMONWEALTII OF PENNSYLVANIA COUNTY OF~?~ On this, the / _C) day of SS: 2003, before me, the undersigned officer, personally appeared DAREN W. HOCKENBERRY, known to me satisfactorily proven) to be the person whose name is subscribed to the foregoing kgreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS v~q~EREOF, I hereunto set m~eal' COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the /o'"'~" day of ~ ,2003, before me, the undersigned officer, personally appeared DEANNA R. HOCKENBERRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknou ledged that she executed the same lbr the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nota~P lic - 1 6- I Notarial Seal I Connie J. Tritt, Notary Public ~ Carlisle, Cumberland County I My Commission Expires Oct. 5, 2004 In the Court of Common Pleas of Cumberland County, Pennsylvania Daren W. Hockenberry, Plaintiff Deanna R. Hockenberry, Defendant ) CIVIL ACTION - LAW ) )F.R865 of 2002 ) ) Divorce STATE OF PENNSYLVANIA CUMBERLAND COUNTY AFFIDAVIT OF SERVICE SS. Larry K. Meminger, Esquire, being duly swom according to law, deposes and says that he sent a tree and attested copy of the Complaint in Divorce to DEFENDANT, Deanna R. Hockenberry, at her last known address of 410 Steelstown Rd, Newville, PA 17241, by certified mail, restricted delivery, addressee only, No. 70010360000369549490, mailing receipt and return receipt attached hereto, said bearing the written name of the Defendant, Deanna R. Hockenberry, postage prepaid on March 09, 2002, from the law office of Larry 173 Lincoln Way East, Chambersburg, Pennsylvania 17201. ~ Sworn and subscribed to before me This /O day of .~./_./~.ff 2002. 39-3-07 · Complete items 1, 2, and 3. Also complete item 4 if Restflcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · At~ach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~'lo s ~-~ ~ ~ Agent If YES, enter delivery address ~No PS Form 3811, July 1999 Domestic Return Receipt In the Court of Common Pleas of Cumberland County, Pennsylvania Daren Hockenberry, Plaintiff Deanna Hockenberry, Defendant ) CIVIL ACTION - LAW ) ) F.R. 865 of 2002 ) ) Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree. 1. GROUND FOR DIVORCE: Irretrievable breakdown under 23 Ps. C.S.A. section 3301(c) of the Divorce Code. 2. DATE AND MANNER OF SERVICE OF THE COMPLAINT: Service was made by certified mail on March 9, 2002. 3. DATE OF PROPERTY SEPARATION AGREEMENT: 4. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED UNDER ~ECTION 3301(C) OF THE DIVORCE CODE: Daren W Hockenberry affidavit of consent s~gned on December 15, 2003 and Deanna R. Hockenberry affidavit of consent signed on December 31 2003. 5. DATE OF WAIVER OF NOTICE TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE: Daren W. Hockenberry waiver signed on December 15, 2003 and Deanna R. Hockenberry waiver signed on December 3 2003. 6. RELATED CLAIMS PENDING: None Bar No. 80506 Attorney for Plaintiff IN THE COURT Of COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF DAREN W. HOCKENBERRY, Plaintiff VERSUS DEANNA R. HOCKENBERRY, Defendant PENNA. NO. 02-865 CIVIL TERM DECREE IN DIVORCE AND NOW, DA~~- DECREED THAT ,~__, IT IS ~ ORDERED AND W. HOCKENBERRY , PLAINTIFF, AND DEANNA R. HOCKENBERRY ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All other claims have been resolved in a Property Settlement and Separation Agreement dated October 10, 2003, a copy of which is attached and incorporated, but not merged, herein by reference as though fully set forth. ~l~~PROtH O NOTaRY