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HomeMy WebLinkAbout05-3768 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES K. HIATT, Plaintiff NO. 2005- j7&~ c;vi r v. CIVIL ACTION - LAW HEATHER L. HIATT, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES K. HIATT, Plaintiff NO. 2005- ~ 1 (, 'i V. CIVIL ACTION- LAW HEATHER LYNN HIATT, Defendant DIVORCE COMPLAINT AND NOW, comes the Plaintiff, JAMES K. HIATT, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is JAMES K. HIATT, an adult individual who currently resides 6 Evergreen Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 since 1996. 2. The Defendant is HEATHER L. HIATT, an adult individual residing at 1120 Anderstown Road, Mechanicsburg, York County, Pennsylvania 17055 since 2002. 3. Plaintiff and/or Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 18, 1994 at Hampstead, Carroll County, Maryland. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: A. Section 3301 Cel Mutual Consent No-Fault: The marriage is irretrievably broken; -2- B. Section 33011d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT /I EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from June 18,1994, the date of their marriage, until February 1, 2002, the date of their separation, all of which are "marital property" or "marital debts". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. mes K. Hiatt, Plaintiff 6 Evergreen Lane Mechanicsburg, PA 17050 Phone: (717) 6'Q / - b Pl tj 7 -3- VERIFICATION JAMES K. HIATT verifies that the statements made in this Complaint are true and correct. JAMES K. HIATT understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: /- ,;;(5-~ OS- -4- ,..., r--:~'l CJ ~ C~;) -'il \~ 0"\ ,_:J"l ~ c_ 7\:) >0 - I'" P -C , *- S> r"'.' -t:::'. ~ OJ '" -. 0 " \:"" ~ \' (~) -.J --0 "--I f'o..:' --< ~ --- .- -r> tfl -t"? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES K. HIATT, Plaintiff v NO. 2005- 0376 A Defendant CIVIL ACTION - LAW IN DIVORCE HEATHER L. HIATT, ACCEPTANCE OF SERVICE I, Heather L. Hiatt, the Defendant in the above captioned action, hereby accept service of the Complaint in Divorce duly endorsed with a Notice to Plead, which Endorsed ,7:k ~~:M, 2005. , Complaint was filed in the above captioned matter on Date: J' 4hGC'5 / ~.. n ('" :!': ~ <3- ~ "" Q, ~~ 1'1~ ~ '?c.::;, t?6 .." %of'" ~ 9- '-:? ~ - t'> ';;,\~: '"~; ." "~i;L- ~~<. <- ~~y~ ~ ~4 :.<. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Kurt Hiatt, Plaintiff v NO. 03768 CIVIL TERM 2005 Heather Lynn Hiatt, Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this I~day of --.tJovQ...mbv ,2005, by and between HEATHER LYNN HIATT, ("Wife") of 1120 Anderstown Road, Mechanicsburg, York County, Pennsylvania, and JAMES KURT HIATT, ("Husband") of 6 Evergreen Lane, Mechanicsburg, Cumberland County, Pennsylvania. WITNESETH: WHEREAS, the parties are husband and wife, having been married on June 18, 1994 in Cumberland County, Pennsylvania, and separated on February 1, 2002. WHEREAS, The parties are the parents of one child: Eric Hiatt, (the "child"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties. The parties intend to live separate and apart for the rest of their natural lives and desire to settle fully and finally their financial and property rights and obligations between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, Wife shall execute and deliver to Husband her respective Affidavit of Consent and Waiver of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, husband and wife acknowledge that they have been advised of their rights to be advised by an attorney of his or her own choosing prior to entering into this Agreement and that both Husband and Wife have voluntarily decided not to retain such counsel. Further Husband and Wife acknowledge that he or she accepts said Agreement and that said acceptance is not based on any advice or representation made by the preparer of this agreement, nor has any such advice and/or representation been given to them by said individual. 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: Claims AQainst Prooerty or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; Marital RiQhts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. Breach Exceotion: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. WAIVER OR MODIFICATION. 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. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. Damaszes: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. Other Remedies: Any other remedies provided for in law or in equity. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: Prior Returns: The parties have heretofore filed joint federal and state returns. 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 either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. Or The parties shall file joint Federal and state Income tax returns for the current tax year and shall equally share in the costs of preparing that return, any refunds or any taxes owed as the result thereof. Or The parties acknowledge that they have not reached an agreement regarding the filing of any the tax returns for the current tax year. Each of the parties shall hereafter determine what tax filing status is advantageous to him or her and shall attempt to reach an agreement with that other party to file the tax returns accordingly. Absent a future mutual agreement, the parties shall file individual tax returns hereafter. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even r if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS TO WIFE. The following marital assets and debts are and shall be distributed to wife as her sole and separate property and/or as her sole and separate liability and obligation: A. Wife's Personal Prooerty: All items of personal property in the possession of Wife, not otherwise distributed herein, and the items of personal property set forth on the list attached hereto as Exhibit "A", and made a part hereof. Wife's Vehicle(s)and Vehicle Loan(s): The 1996 Jeep Cherokee, or the sale proceeds from the sale or trade in value thereof, and any vehicle loans for the purchase of said vehicles. Wife's Accounts: All bank accounts have already been divided to the mutual satisfaction of the parties. Wife's Investments: NONE. Wife's Life Insurance: NONE. Wife's Retirement Plans: Wife's Sam's Club IRA/retirement plans. Wife's Debts: Wife shall be solely liable for and shall timely pay the following debts: None. All debts have previously been divided between the parties. Any debts or liabilities incurred in her individual name. 2.03. DISTRIBUTION OF PROPERTY AND DEBTS TO HUSBAND. The following marital assets and debts are and shall be distributed to Husband as his sole and separate property and/or as his sole and separate liability and obligation: A. Husband's Personal Property: All items of personal property in the possession of Husband, not otherwise distributed herein, and the items of personal property set forth on the list attached hereto as Exhibit "A", and made a part hereof. Husband's Vehicle(s)and Vehicle Loan(s): NONE Husband's Accounts: All bank accounts have already been divided to the mutual satisfaction of the parties. Husband's Investments: NONE Husband's Life Insurance: NONE Husband's Retirement Plans: NONE Real Estate: The jointly owned real estate known and numbered as 6 Evergreen Lane, Mechanicsburg, Pennsylvania, ("the Real Estate"), encumbered with a mortgage owed to GMAC Mortgage Company, ("the Mortgage"), subject to the following: Conveyance: Wife shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Wife at the signing of this Agreement and held in escrow pending the refinance or sale, at which time the deed shall be delivered to Husband for recording. Liens. Encumbrances and EXDenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. Refinance: Husband shall apply for refinancing of the Mortgage within one (10) year of the date of this Agreement so as to release Wife from further liability thereunder. The costs of refinancing shall be paid by Husband. If Husband does not obtain that refinancing, then he will immediately list the property for sale. Sale: In the event Husband has not obtained the refinancing within one (1) year of the date of this Agreement, he will list, market and sell the home and all proceeds will be paid to him as Husband's sole and separate property. Husband's Debts: Husband shall be solely liable for and shall timely pay the following debts: None. All debts have previously been divided between the parties. Any debts or liabilities incurred in his individual name. 2.04. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: Final Eauitable Distribution of ProDertv: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the The parties agree that it is their desire that the child remain in the West Shore School District. Each party will attempt to keep child in said school district, absent mutual agreement between the parties, or in the event extenuating or unforseen circumstances arise. 3.04. CHILD SUPPORT. The parties hereby acknowledge that they currently have an equal amount of time with the child and neither party is paying the other any child support. The parties here agree that they will equally share expenses relating to the Child, including, but not limited to, clothing, medical expenses not covered by insurance, and other extra curricular activities. In the event of a change in circumstances of either party, or a change in the equal sharing of custody of the child, the parties can amend this provision upon their mutual agreement. 3.05. HEALTH INSURANCE: The following shall apply regarding health insurance: Health Insurance for Soouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal Rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. Health Insurance for Child: Any party currently carrying health insurance on the child shall continue to provide health insurance coverage on the child as long as the child remains eligible therefor and that coverage is available to him or her through employment at a reasonable cost. It is hereby acknowledged and agreed that Wife currently maintains health insurance coverage for the child. Husband agree to pay one- half of the health insurance premium for the child to Wife, payable by the 15th of each and every month. Health Insurance Documentation: Any party having the insurance coverage on the other party or the child pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 3.06. MEDICAL AND DENTAL EXPENSES: The following shall apply to the medical, dental and optical expenses for the Child that are not covered by insurance: Sharing of Exoenses: The parties shall equally be responsible for the medical and dental expenses not covered by insurance for the Child during minority and each shall pay 50% of any such expenses as they are incurred. Insurance Coverage: If such expense is covered in whole or in part by insurance then the amount of payment owed by each party shall be determined after the insurance payment is made. In the event payment is due before the application of the insurance coverage, then the 50% payment shall be made by each party when the expense is incurred and when the insurance payment is received it shall be divided between the parties equally. Documentation: Any party having the insurance coverage on the Child shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical and dental insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 3.07. DEPENDENCY EXEMPTIONS. Wife shall be entitled to claim the dependency exemption for the parties' child on her applicable tax returns in even numbered years, beginning with the 2006 tax year. Husband shall be entitled to claim the dependency exemption for the parties' child on his applicable tax returns in odd numbered years, beginning with the 2005 tax year. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: ~Al~ ~ ~U- ES KURT HIATT /~ ~// , ' ~R~~ COMMONWEALTH OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND On this the I !J7k day of nn^t"v1-1 bvc. ,2005, before me the undersigned officer, personally appeared, JAMES KURT HIATT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHE~EO , I hereunto set my hand and notarial seal. NOTARY PUBLIC UIA~c"lO--~ COMMONWEALTH OF PENNSYLVANIA My Commission Expires: A.~~~'Public Karen .........,.,,1~1 Shiremanst<>M' Bora, CumIJel\and County My Commission Expires Jon, 15,2008 Member. Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND On this the I )-I'h...day of n /i:-tI1-1 ~1-, 2005, before me the undersigned officer, personally appeared, HEATHER LYNN HIATT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WH~~~F, I have hereunto set my hand and notarial seal. NOTARY PUBLlC~tLlli.- at~coMMONWEALTH OF PENNSYLVANIA I I r NoIafiaI Seal , My Commission Expires: ~~~:=~=County My Commission EXjl4re5 Jan. 15.2008 , Member. Pennsylvania Association Of Notanes 1'" ~ CJ -n c." c James Kurt Hiatt, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03768 CIVIL TERM 2005 v Heather Lynn Hiatt, Defendant AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on July 28,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed since the filing of the Complaint. 3 . I consent to the entry of final decree in divorce. 4 . I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. [ 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. 4909 relating to unsworn falsification to authorities. DATED: January I () , 2006 (.J -Tj C :::-1 i c >) ~~ , C' ......: James Kurt Hiatt, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03768 CIVIL TERM 2005 Heather Lynn Hiatt, Defendant W AlVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE I. 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 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. 4904 relating to unsworn falsification to authorities. Dated: January I/D, 2006 -h c.. - ~l C,) (.) (:) James Kurt Hiatt, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03768 CIVIL TERM 2005 v Heather Lynn Hiatt, Defendant AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on July 28,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed since the filing of the Complaint. 3. I consent to the entry of final decree in divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. Dated; January 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.~ 4909 relating to unsworn falsification to authorities. ,// /) / ' ------~/ ~~~~~./ " HEA THER~ RIA TT, Defendant /D , 2006 ,J J :-.::1 , .:' uJ ~__~"",,,,,,___,~,,,_~,,.__,,,.'"_'.w''~'.''' James Kurt Hiatt, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03768 CIVIL TERM 2005 Heather Lynn Hiatt, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: January /0, 2006 1 /<~ ,-:< t ., , (," (:';:: 1.,.(,;, ~~------ v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3768 CIVIL TERM 2005 JAMES KURT HIATT, Plaintiff HEATHER LYNN HIATT, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ (3301 (c)) (3301 (d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Personal Acceptance of Service by the Defendant on AUQust 1, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~ 3301 (c) of the Divorce Code: by plaintiff 1/10/06 by defendant 1/10/06 (b)(1) Date of execution of the affidavit required by ~ 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's affidavit upon the respondent: N/A 4. Related claims pending: None. All issues have been resolved per the parties November 15, 2005 Marital Settlement Agreement. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notice was filed with the prothonotary: 1/13/06 Date defendant's Waiver of Notice was filed with the prothonotary: 1/13/06 r.__ ", C.'., L.] \._(: .,;+.:+::+::+: :+: . . . . . . . .. . .. . :+: :+: :+::+::+:~:+:+ :+::+: :+: +:+: . . . IN THE COURT OF COMMON PLEAS . . . . . . . . . . . . . . . OFCUMBERLANDCOUNTY JAMES KURT HIAIT PENNA. STATE OF No. 3768 CIVIL TERM 2005 . . . VERSUS . . . HEATHER LYNN HIAIT . . . . . . DECREE IN DIVORCE . . . + + + + + + + + + 1", J' "-11I."'''< 't 2006 AND NOW, , IT IS ORDERED AND + + + . + + + + + . + + . + + JAMES KURT HIAIT OECREED THAT , PLAINTIFF, HEATHER LYNN HIAIT AND , 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. ALL ISSUES BETWEEN THE PARTIES HAVE BEEN RESOLVED PER THEIR NOVEMBER 15, 2005 MARITAL SETTELEMENT AGREEMENT. THE PARTIES' NOVEMBER 15, 2005 MARITAL SETTLEMENT AGREEMENT SHALL BE INCORPORATED, BUT NOT MERGED, WIT" T"I3 DECREE. BYTHE~,;_ \ ~~\ ATTEST:~. \ ~ --- PROTHONOTARY +.'+:+::+::+: :+::+::+: :+:'+' :+: :+::+::+::+::+: :+: :+: :+::+::+::+: :+: :+::+: '+ 't' +.:+: +. '+:+: +. +. +. +. '+ + .. + . + + + + + + + + + + + + + + + + + + + + + + + . + . + . . + . + + + . . + + . + . . . + . + . + + + . . + + . + . . . . . . + + + + + + . + J, + . . . + . . . . . . + . . . + + + . + . . + + . .. /h:-7 :y /~rV''/ "7-0t-, ~7i.7' At' / ~ ?l /i1"vW 4/-if{J}:r7J ~i/ ' j,t' ! . ,."'-