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HomeMy WebLinkAbout05-2847 THERESA KINSINGER-HORVATH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. tJ.5'-;;) ~'r7 CIVIL TERM : IN DIVORCE SCOTT A.HORVATH Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 the Court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for divorce include indignities or irretrievable breakdown of marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue, Carlisle, P A 17013 (717) 249-3166 '.J THERESA KINSINGER HORVATH Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. tJ s: :z 'N 1 CIVIL TERM SCOTT A. HORVATH Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) ofthe Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. THERESA KINSINGER-HORVATH Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 05- .;J. f 11 CIVIL TERM SCOTT A.HORVATH Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE Theresa Kinsinger-Horvath, Plaintiff, by and through her attorney, Valerie J. Faden, Esquire, respectfully represents: I. The Plaintiff is Theresa Kinsinger-Horvath, an adult individual currently residing at 200 Birdie Lane, Etters, Pennsylvania 17319. 2. The Defendant is Scott A. Horvath, an adult individual currently residing at 270 Castle Drive, West Mifflin, Pennsylvania 15222. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on July II, 1998 in New Cumberland, Cumberland County, Pennsylvania. 5, There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Plaintiff and Defendant separated on or about August I, 2004. 7. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: . A. Section 3301(c) - the marriage of the parties is irretrievably broken. B. Section 3301(d) - the marriage of the parties is irretrievably 8. This action is not collusive. broken. The parties separated on or about August I, 2004. 9. Plaintiff has been advised of the availability of marriage counseling and that Plaintiff may have the right to request that this Honorable Court require the parties to participate in counseling. 10. Plaintiff does not request that the Court require that she and her spouse participate in marriage counseling prior to a divorce decree entered by this Honorable Court. WHEREFORE, Plaintiffrespectfu1ly requests this Honorable Court to enter a final decree in divorce. Date: 6f?!l)S - Respectfully submitted, By: Valerie J. Fad I.D. # 87442 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 - . VERIFICATION I, Theresa Kinsinger-Horvath, do verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: 5/ ;),11 0 5 - - ~ ~ " ~ ~, ~ c..." ~ '-... ~ ~ \. ~ "- ~~ ~ ~ '\ Cj ~~ ."\ ~ C) f".) C~~) (") C,'~ L:...- ~, --q ~--- ~ ~::-,~ i'ilfJ] I ;"1 -- CJ C, ....r.'J -, ; '. - r"j I'n :.:~ r" C:;) THERESA KINSINGER-HORVATH : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. o:r-..2f'i1 CIVILTERM SCOTT A. HORVATH Defendant : IN DIVORCE AGREEMENT PURSUANT TO PaR.C.P. 1920.2(2) The parties hereto agree the venue in the present action may be had in Cumberland County. Date: LC:; liB / oS- I f a~~~v+-L , Scott A. Horvath Date: L..\\~h\()S- I "-0 c::::. () C~::) ~Ti o;;"...n ::;:J f',) 1'0 THERESA KINSINGER HORVATH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERALND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 05-2847 CIVIL TERM SCOTT A. DORV ATH : Defendant : IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Grey Douglas Pratt, Esquire, counsel for Defendant in the above-captioned action, hereby accept service of the Notice to Defend and Claim Rights, Notice of Availability of iflj Counseling, and Complaint in Divorce in the above-captioned action on the day of J vly L- , 2005 on Defendant's behalf and hereby acknowledge that I am authorized to do so. jQ:lxf- '76 J Grey uglas Pratt, Esquire Attorney ID.# '"7 0'1 '7 I ~ Old Clairton Road Pittsburgh, P A 15236 (412) 650-2000 () '?:;; r-.:> = ~ ,- c: ~ - -' -~'J -ii' -- ~ ~:n f\'r: _~rr, -99 -:.:JcJ ;;:;:1 ~1-1 "J", ....,1 '~~ c'.o :-< N .' o o ~. 05' - J~17 Ctwl ( MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ~~ay of . /f-przt L , 2005 by and between Theresa Kinsinger Horvath of Etters, Pennsylvania (hereinafter referred to as "Theresa") and Scott A. Horvath (hereinafter referred to as "Scott") of West Mifflin, Pennsylvania. WITNESSETH: WHEREAS, the parties are husband and wife, having been married on July II, 1998 in New Cumberland, Pennsylvania; WHREREAS, upon execution of this Agreement by both Scott and Theresa, Theresa's attorney, Valerie J. Faden, Esquire, shall file for divorce on Theresa's behalf in the Court of Common Pleas of Cumberland County, Pennsylvania to terminate the marriage, and; WHEREAS, Theresa and Scott desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; NOW THEREFORE, Theresa and Scott, intending to be legally bound, agree as follows: 1. ADVICE OF COUNSEL: Both parties agree and acknowledge that they have had ample time to carefully and fully review the terms and provisions of this Agreement. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Theresa has obtained legal advice and representation from Valerie J, Faden, Esquire, Scott has obtained the legal advice and representation from Grey Douglas Pratt, Esquire. Both parties agree and acknowledge that they fully understand the facts upon which this Agreement is based, that they believe this Agreement to be fair and equitable under the circumstances, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution ofthis Agreement is not the result of any duress, undue influence, collusion or improper or illegal Agreement or Agreements, 2. DISCLOSURE OF ASSETS: The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies available to either party for violation of this provision shall be those remedies available pursuant to any law and equity, including the right to punitive and compensatory damages. 3. PERSONAL RIGHTS: Theresa and Scott may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. The parties agree not to molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. EQUITABLE DISTRIBUTION: a. Real Estate: The parlies acknowledge that during their marriage they held, as tenants by the entireties, the fee simple interest in the marital residence located at 342 Spring Run Court, Etters, Pennsylvania. The property has been listed for sale and the parties shall share equally in any and all proceeds from the sale of the marital residence, which has been appraised at a value of approximately $254,000. b. Household and Personal Prooertv: The parties agree that they have divided their household and personal property to their mutual satisfaction. Any personal items found by either party hereto that is known to belong to or be the property of the other party hereto shall be returned to the other party as soon as practicable. Neither Scott nor Theresa shall undertake to cause damage or disrepair to any 2 item of property in his or her possession that belongs to or is the property of the other. Molly, an eight-year old mixed-breed dog, shall remain the personal property of Scott, and Scott shall be responsible for all costs and fees associated with the animal's care, upkeep, and maintenance, including any damages or harm Molly may cause to persons or property. However, Scott and Theresa agree that Theresa shall take possession of Molly for certain periods of time upon request and as Theresa's availability allows, and during any such time that Molly is in Theresa's possession, Scott and Theresa shall be equally responsible for any damages or harm caused by Molly. In addition, Scott shall contact Theresa prior to making any decision to euthanize or otherwise destroy Molly, and unless otherwise mandated by law, shall give Theresa the option oftaking full possession and responsibility for Molly rather than having the animal destroyed. c, Motor Vehicles: The parties agree that each party shall retain possession of each vehicle titled in his or her name and each party shall assume total responsibility for payment of any loans or insurance premiums associated with their respective vehicles. d. Pension and Retirement Benefits: The parties agree that Scott shall retain as his sole and separate property, free from any right, title, interest or claim of Theresa, Scott's 40lK valued at approximately $15, 440,00. The parties agree that Theresa shall retain as her sole and separate property, free from any right, title, interest or claim of Scott, Theresa's 40lK valued at approximately $6,770.00. e. Stocks and Investments: The parties agree that Scott shall retain as his sole and separate property, free from any right, title, interest or claim of Theresa, all stocks gifted to Scott and Theresa and/or the married couple valued at approximately $I4, 3 I2.00. The parties agree that Theresa shall retain as her sole and separate property all stocks held through her partnership in the Water Street Stock Exchange, with Theresa's partnership share valued at approximately $1,000.00. f. Bank Accounts: Scott and Theresa agree that all funds held in any joint bank account by the parties shall be retained as the sole and separate property of the party listed as the primary account holder on the joint bank account. Scott and Theresa agree that any bank account held individually by either party shall be retained as the sole and separate property ofthat individual party. 5. DISTRIBUTION OF LIABILITIES: a, Credit Cards: The parties acknowledge that there are no joint credit cards and each shall exclusively assume sole responsibility for any credit card debts titled in his or her individual name. 3 b. School Loan: The parties agree that Theresa shall assume all liability for her school loans through AES and Theresa agrees to indemnify Scott and hold him and his property harmless from any debts, obligations and liabilities arising from Theresa's AES loans. c. Ongoing Liabilities: Each party shall assume the debts, encumbrances, taxes and liens of all the property he or she will hold subsequent to the execution date of this Agreement. d. Past/Future Liabilities: Each party represents and warrants to the other that she or he has not incurred and will not at any time in the future incur, any debt, obligation, or other liability on 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 incurs it, and that party agrees to pay it, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. e. Miscellaneous Propertv: Any and all property not specifically addressed in this Agreement shall be hereafter 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 transfer any and all rights of such property from one party to the other. f Indemnification of Theresa: If any claim, action or proceeding is hereafter initiated seeking to hold Theresa liable for the debts or obligations assumed by Scott under this Agreement, Scott will, at his sole expense, defend Theresa against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, cost of court and actual attorney's fees incurred by Theresa in connection therewith. g. Indemnification of Scott: If any claim, action or proceeding is hereafter initiated seeking to hold Scott liable for the debts or obligations assumed by Theresa under this Agreement, Theresa will, at her sole expense, defend Scott against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, cost of court and actual attorney's fees incurred by Scott in connection therewith 6, SPOUSAL SUPPORTf TEMPORARY ALIMONY / ALIMONY: Both parties waive any right or claim they may have against the other for alimony, temporary alimony and spousal support. 8, TAXES: The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or 4 any assessment of any such tax is made against 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 the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, The parties further agree to cooperate in filing joint tax returns for the 2004 tax year and to divide any refund equally. 9. 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, tax returns, 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 find purposes ofthis Agreement. If either party umeasonably fails on demand to comply with this provision, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 10. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specified in this Agreement, effective upon the execution date of this Agreement, Theresa and Scott waive all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust ofthe other or in which the other has an interest. Each party waives any additional rights that he or she has or may have by reason of their marriage, except the rights saved or created by 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 the Commonwealth of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 11. RELEASE OF CLAIMS: The parties agree that the property dispositions provided herein constitute an equitable distribution of their assets and liabilities pursuant to the Pennsylvania Divorce Code and the parties waive any right to division of their property except as provided for in this Agreement. Except as set forth in this Agreement, each party 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 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 or any other jurisdiction. Except for the obligations of the parties contained in this Agreement and such rights are expressly reserved herein, each party gives to the other party by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights 5 or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. WAIVER OF PROCEDURAL RIGHTS: This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the marital estate, Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, temporary alimony, counsel fees, costs and expenses. 13, PRESERVATION OF RECORDS: Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaiillng obligations of the parties. 6 15, MODIFICATIONfBREACH: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for payment of actual legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16, WAIVER OF BREACH: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms ofthis Agreement. The failure of either party to insist upon strict performance of any of t!le provisions of (his Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 17. APPLICABLE LAW: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania that are in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed this Agreement if they do so on the same date, or if not on the same date, then the date upon which Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding on both parties on the execution date. ] 9. EFFECT OF RECONCILIATION, COHABIT A TION OR DIVORCE: This Agreement shall remain in full D)rCe 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 ofthe terms of unless executed in writing by the parties. 20. HEADINGS NOT PART OF AGREEMENT: Any heading 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. 7 21. AGREEMENT BINDING ON HEIRS: This Agreement shaH be binding on the parties and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 22, ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 23. AGREEMENT TO INCORPORATE BUT NOT MERGE: This Agreement shaH be incorporated in a decree of divorce for purposes of enforcement only, but otherwise shaH not be merged into said decree. The parties shall have the right to enforce this Agreement under the Pennsylvania Divorce Code, 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, IN WITNESS WHEREOF, the parties hereto have set their hands and seals as follows: '1/<< ,,/ ct; . Date 1i:~ ~{u-.lcr::- Date f~rulisnf\)/Jff Witness TT A. HORVATH COMMONWEALTH OF PENNSYLVANIA :ss: COUNTY OF {Ju I'>t hedl2 n cf On this the '2-"- ~ day of fp(W '- 2005, before me, the subscriber, a Notary Public, personally appeared THERESA KINSINGER HORVATH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and official seat. ~jL Notary Publi NOTARIAL SEAL GLEN FADEN, Notary Public Camp Hill, Cumberland County 8 My Commission Expires April 26, 2007 COMMONWEALTH OF PENNSYLVANIA A11~ 'ss' COUNTY OF ( ; , On this the 80 day of ~^~, I 2005, before me, the subscriber, a Notary Public, personally appeared S~ORVATH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. ~ Notary Public COMMONWEALTII Of l'fNNSYLVANIA NotanalSesl Carl M. Hsnchsk, Notary Public Plessant HHls Boro, Allegheny County My Commission Expires Dec. 4, 2008 Member, Pennsylvania Association 01 Notaries 9 () C~: ,..., \::::") C"'I U, o :'"') :'-1 .-, C) -n .:::J ~l._ ...,., iilp-..:: \:.3 J~- ~ .- .. \..!:J ~ THERESA KINSINGER-HORVATH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05 - 2847 CIVIL TERM SCOTT A. HORVATH Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Attorney's Acceptance of Service dated June 8, 2005 by counsel for Defendant and filed on June 17,2005. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: October 5,2005; by Defendant: September 19, 2005. 4. Related claims pending: no claims pending. 5. Date Plaintiffs and Defendant's Waivers of Notice were filed with the Prothonotary: October I 'I ,2005. DATE: tD /1<1/ oS- Valerie J. Faden I.D. # 87442 2807 Market St. CampHill,PA 17011 (717) 920-9460 Attorney for Plaintiff ,--- ;:.!- ~> ,c:":'> c;;.::.) c..Tl ;2 .:-,,\ C) -1'1 -.-, c.; THERESA KINSINGER-HORVATH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-2847 CIVIL TERM SCOTT A.HORVATH Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 1,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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, 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. 94904 relating to unsworn falsification to authorities. DATE: \CJ\~\)S- HORVATH, Plaintiff l"-..) C-''l C;.~"l '-J' o -n :~ CJ C) ..-.] -,.. .4:- \..0 THERESA KINSINGER-HORVATH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 05 - 2847 CIVIL TERM SCOTT A. HORVATH Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, I consent to the entry of a final decree of divorce without notice. 2. I understand that I may loose rights concerning alimony, division of property, lawyers fees or expenses ifI 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. 94904 relating to unsworn falsification to authorities. DATE: ID\')\O-) \ \ f"-" ,"',::> ~.~;; ;2, ;:""'.\ () 01 - "';. u:> -~ THERESA KINSINGER-HORVATH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 05-2847 CIVIL TERM SCOTT A. HORVATH Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 1,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. 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. g4904 relating to unsworn falsification to authorities. DATE: or /1 ~ (0::; , ~1J1 6-d-IL ~ SCOTT A. HORVATH, Defendant ...., c-;::') .~;.;::) C,J' C) -n ,'::') C) ----J -,'~ CS1 THERESA KINSINGER-HORVATH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05 - 2847 CIVIL TERM SCOTT A. HORVATH Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may loose rights concerning alimony, division of property, lawyers fees or expenses ifI 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 ofthe 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. 94904 relating to unsworn falsification to authorities. DATE: ~ f\ '=\ (()~ cSLi fill L-- SCOTT A. HORVATH, Defendant .-' ~~~ n (-) () "n -, -r'J .:;: - C.:.'I ?~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF Theresa Kinsinger Horvath PLAINTIFF VERSUS Scott A. Horvath DEFENDANT PENNA. No. 05 - 2847 Civil DECREE IN DIVORCE AND NOW, ~.~ c.,....--- ,4J()O) IT IS ORDERED AND DECREED THAT THERESA KINSINGER HORVATH , PLAINTIFF, AND SCOTT A. HORVATH , 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; None. ~~ The terms of the Marital Settlement Agreement dated April 26, 2005 are incorporated but not merged in Divorce. ~~ ~ A TTEST:j J. {J~~ PROTHONOTARY ~7 r? p ~-z;n"/ ryy, 5(/ ->e (7/ ~~ fl:Z?? ~' ~l -~) ,SO' 5~" 0/ . THERESA KINSINGER-HORVATH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-2847 CIVIL TERM SCOTT A. HORVATH Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, after entry of a Final Decree in Divorce dated October 21, 2005, hereby elects to resume and hereafter use the prior SlL.'TIame of KINSINGER, and gives this written notice avowing her intention pursuant to the provisions of 54 Pa. C.S.A. S 704. - DATE: IC> '3 '-O~ ~~\tA~~~\~~)~ THE ESAKINS ER-H VATH ~J.~\)"~~\\\.~ Signaturq of name mg sumed THERESA KINSINGER COMMONWEALTH OF PENNSYLVANIA COUNTY OF Y of< K SS. On this, the..JL day of OcJ-uh~ ,2005, before me, a Notary Public, personally appeared the above affiant known to me or satisfactorily proven to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ij~~~m~ N ary Public My Commission Expires Fi.6 llo dW iY , COMMONWEALTH OF PENNSYLVANIA NoIar1al Seal Y\IOIlne M. Downey, NoIary Public ManchesterTwp" YoI1< County My Commission Expires Feb. 16,2008 Member. Pl'!l"lnsyrvfloi~ A<;<;r.r.iatinn 0f Notaries ~ ?"-::I CJ c::::'J ~ ~"",:::.~ --d ,:J' ---.:) ---1 C.~~ ..,- 1-;:\ --- \) ~J,- --...J CJ ~ -' \) ;V W ~ r- ,}::J D -," w v, 7'