Loading...
HomeMy WebLinkAbout01-4354 ... ,. J ... ~-* 1- rv:P"/ I?pd'IA r' 0, oe8 ~ it:?? <l- /P"~w W.1lj ./"9 cO' oe!7 "''''- ,,~;.. . -. " . . \ ",' "\ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the 3l day of~ld ~ ,2001. by and between Robert C. Hutchins, Jr., residing at P.O. Box 61555, Harrisburg, Dauphin County, Pennsylvania, 17106- 1555, Social Security Number 024-36-1684, hereinafter called the "Husband", and Donna M. Hutchins, formerly Donna M. Cook, residing at 1555 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 173-38-5522, hereinafter called the "Wife", who agree as follows: WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on January 31, 1992, in Mt. Holly Springs, Cumberland County, Pennsylvania. The parties separated October 27,2000. There are no children of this marriage. WHEREAS, diverse, unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the 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 promises and of the 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: 1 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301@ of the Divorce Code of 1980 as amended by Act No. 1990,206 effective 3-19- 91. 2. EFFECT OF DECREE. NO MERGER Neither party to any such action shall ask alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed'that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this 2 agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto 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 expressly stating that this agreement has been revoked or modified. 3. EFFECT OF DECREE. NO MERGER It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto 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 expressly stating that this agreement has been revoked or modified. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 5. ADVICE OF COUNSEL 3 This Agreement has been prepared by Ruby D. Weeks, Esquire, the attorney for Husband. Said attorney at the commencement of, and at all stages during the negotiation of this Agreement, informed Wife that she has acted solely as counsel for Husband and has not advised or represented Wife in any manner whatsoever. Wife, at the commencement of, and all stages during the negotiation of this Agreement, has been informed by Ruby D. Weeks, Esquire, that she has a right to be represented by her own counsel and has encouraged her to seek the advice of counsel. Wife has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it freely and voluntarily. 6. 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 that Husband does not wish to exercise his right to have appraisals by experts as to the value of the various interests of Wife. He understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 7. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 4 8. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. 9. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 10. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 11. MUTUAL RELEASES 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 any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against 5 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, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or @ any other country, or 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, 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 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 thereof. 12. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. 6 And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the 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 contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 13. REAL PROPERTY The real property located at 256 "F" Street, Carlisle, Cumberland County, Pennsylvania previously owned by the parties was sold on May 30, 2001 and each party received $1,056.32, which was one-half of the net sales proceeds. 14. Distribution of Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, except that the Wife is to receive (see appendix A), and the Husband is to receive (see appendix B). The parties do hereby specifically waive, release, renounce and forever 7 I abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. 15. General: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. 16. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1991 Nissan King Cab titled "to Husband", shall become and remain the sole and exclusive property of the Husband. It is not security for any loans. (b) The 1984 Nissan Sentry, titled "to Wife", shall become and remain the sole and exclusive property of the Wife. It is not security for any loans. 17. Boats and Miscellaneous Property: Wife agrees that Husband shall be the sole owner of a Sears boat, trailer and motorcycle which shall be conveyed solely to Husband. Wife agrees that within thirty (30) days from the date of this Agreement, she shall execute the Certificate of Title to the aforesaid Sears boat, trailer and motorcycle and thereby transfer all of Wife's right, title and interest in the aforesaid property unto Husband. 18. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding 8 all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 19. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 20. PAYMENT OF SPECIFIED OBLIGATIONS: A. During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, which total approximately $9193, a listing of which is attached as Exhibit C hereto, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be solely responsible for all bills, obligations and debts as set forth below, provided Wife waives all claims to Husband's retirement pension in paragraph 27: (1) PNC Bank account number 4313042012264004 (2) Wards account number 088970292 (3) Household bank account number 710197-00-112918-3 (4) Lowes account number 82220390812103 (5) Wa1mart account number 6032207220878631 (6) PSECU account number 0024361684 (7) AFSCME MasterCard account number 5480-4200-0632-0335 In the event, wife does not waive all claims to Husband's retirement pension, she is responsible for repayment of one-half of the above-listed debts. 21. SUBSEQUENT PERSONAL DEBTS: Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. 22. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment 9 for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 23. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 24. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 25. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold 10 such other party liable. should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 26. WAIVER OF SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 27. RETIREMENT FUNDS A. The Husband, who has been employed by Commonwealth of Pennsylvania, Harrisburg, Pennsylvania, has accumulated benefits in his retirement account. As of date of separation husband's retirement was not vested. The value at the time of separation was $10,992.79. It is agreed by the parties that the Wife shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. B. The Wife is not employed at this time. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of any past employment. 28. DIVORCE Husband and Wife agree that Husband shall file a Complaint in divorce seeking a divorce on the basis of mutual consent. Husband and Wife both agree that ninety (90) days following the filing of a Divorce Complaint by Husband that both parties will execute the required 11 Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Husband agrees to pay all counsel fees, costs, and expenses incident to obtaining the aforesaid divorce. AND the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 29. ATTORNEY FEES. COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 30. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 31. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 32. 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. 33. 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 12 meet her or his obligations 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 remaining obligations of the parties. 34. 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. 35. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 36. WAIVER OR MODIFICATION TO BE IN WRITING 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. 37. SUBSEQUENT DIVORCE It is contemplated that Husband will proceed with a Complaint in Divorce against Wife in the near future. Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the event such divorce action is concluded, Wife shall be entitled to receive a copy of the Decree in Divorce for the normal fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 29 attorney fees and costs. In the event 13 such divorce action is concluded, the parties shall be bound by all the terms of this Agreement, which shall not be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 38. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, 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. 39. 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. 40. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 41. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience ofreference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 14 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. o.-J ~/ vir Witne~ ' ~lY ~f f Witness 2;;r? Robert C. Hutchins, Jr. ~Y>Q. 'M '~!'~A'~ ~onna M. Hutchins r ~ 15 COMMONWEALTH OF PENNSYLVANIA: 55 COUNTY OF CUMBERLAND: On this, the 5 day ofo.u~ ' 20~ before me, a Notary Public, the undersigned officer, personally appeared Robert C. Hutchins, Jr., known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. Ca'lo..1 11. q (j UaJ NOrAIIAI. SIAl. C*Jl A. ~, Notary '-bIc a.tdt ... CUlllb....d County My ~ '11M I!xpires June 28, 2003 Notary t'UOllC COMMONWEALTH OF PENNSYLVANIA: :ss COUNTY OF CUMBERLAND On this, theal day of ~ 1..o...~ ' 20o~ before me, a Notary Public, the undersigned officer, personally appeared Donna M. Hutchins, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. (1.~ IJ fiZlJRR-C"J Notary Public 16 WIFE'S PROPERTY APPENDIX "A" 1. Microwave/cart 2. Small cart 3. Dishes, pots, pans, glasses, appliances 4. Short dresser 5. Hutch 6. Oak table and four chairs 7. Corner hutch 8. Deacons pew 9. Potted plants 10. Plant stands 11. Tall end table with Queen Anne legs 12. Small curio cabinet 13. Closet full of Tupperware 14. Four fish tanks (45, 55, 65, 75) 15. 3 Fish stands 16. Buffet 17. 2 Queen Anne style cushion chairs 18. 3 Fish tanks with stands (55,65, 85) 19. Jelly cupboard 20. Couch 21. VCR 22. T.V. 23. Bench in master bedroom 24. T.V. entertainment center with doors 17 . 25. 19" T.V. 26. King size water bed 27. 2 dressers 28. Standing mirror 29. Night stand 30. 3 dressers 31. Love bird, cockatiels, finches and cages 32. Computer 33. Lawn mower 34. Deck furniture 35. Large canopy 36. Perennials with pots 37. 2 wheel barrels 38. 6/12 dog kennel 39. Benches 40. Arbor with bench 41. 5 metal arbors 42. Contents of garage 43. Washer/dryer 44. 2 dog cages 45. Contents of basement 18 ,. . HUSBAND'S PROPERTY 1. Dresser 2. T.V. 3. Desk 4. African Gray bird with cage 5. Misc. computer components 6. Grill 7. Tools APPENDIX .'B" 19 ., . Ap~J * Q. , I PNCBANK-BANKCARD ACCOUNT # MINIMUM PAYMENT SERVICES 4313042012264004 $85.00 per month 7/16/01 3799.71 JOINT 5/14/01 3805.67 11/14/00 3598.24 WARDS CARD ACCOUNT # MINIMUM PAYMENT 088970292 $31.00 per month 11/6/00 1217.73 JOINT HOUSEHOLD BANK ACCOUNT# MINIMUM PAYMENT 710197-00-112918-3 $103.98 per month 11/5/00 801.29 JOINT LOWES CARD ACCOUNT # MINIMUM PAYMENT 82220390812103 $58.00 5/21/01 2073.69 JOINT 10/21/00 2080.72 WALMART ACCOUNT # MINIMUM PAYMENT 6032 2072 2087 8631 $34.00 7/6/01 1301.52 JO INT 5/6/01 1327.36 WALMART ACCOUNT # MINIMUM PAYMENT 5260 3642 9069 5075 $18.00 7/14/01 938.78 WIFE 5/13/01 1028.84 11/13/00 959.73 PSECU ACCOUNT # MINIMUM PAYMENT 0024361684 $100.00 10/19/00 Balance ???? HUSBAND AFSCME MASTERCARD ACCOUNT # MINIMUM PAYMENT 5480-4200-0632-0335 $11.00 10/31/00 638.39 HUSBAND ~ ." . JOINT $9,193.94 WIFE $938.78 HUSBAND $ ???? A 2 0 i. " J ~7) ;:1. () , ....-. -- <S". .\ -" , r.::- ( .' i:'n 77 -.., - .~ .- :::) ):-.... ~ 2 ---,1 \ 0 ::<. ~ ----~- ROBERT C. HUTCHINS, JR., Plaintiff VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE DONNA M. HUTCHINS, Defendant #01-4354 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) 2. Date and manner of service ofthe complaint: Sent certified mail, restricted deliver, number 7000 1530000246943613 on July 20,2001, service was accepted on July 25, 2001. 3. Date of execution of the affidavit of consent required by Section 3301(c) ofthe Divorce Code: by the plaintiff 8/5/02 ; by the defendant 7/31/02 4. Related claims pending: nla property settlement agreement signed by the 5. Date plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: 8/5/02. Date defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: _ 8/5/02 Date: August 5, 2002 ~~-- Attorney for t e Plaintiff ~ o N "1:.1,-:;" ,~- ""'... , ! f; ;iJ:: ,.'" . oJ) -/ r -,,:-- ~~ -- ~f":~ :z -.-, ---' ... ~ ~ - () ~ (") C :;~:,... c"' ,.....) ::::- ::;~ I (.; " \'-j -'-1 ::-.:1 C) - "t' , .... Robert C. HutchinB, Jr. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE Donna M. HutchinB, Defendant # 0 I - '-I3~f CIVIL TERM 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 Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALI~ONY' DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Robert C. HutchinB, Jr, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE Donna M. HutchinB, Defendant # 0 1'- '-I 3 {'"Y CIVIL TERM AFFIDAVIT OF MARRIAGE COUNSELING I, Robert C. HutchinB, Jr., being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: J?fk} 0/ f/ Sworn and subscrib~~o bef~iS II of , day . , 2001 . I{P",,,=,,,,,_.,y,~,~,,,,,,=-,,,.,..~,,,,,,--,,,,,,.,..,.,., 0fQ A:' ~ ~~'~">l , ~ ~ w"'~~"O::. ,. . ,1: ~ '.,,~~'f Ccm~h'~r;" i;'. ," .". Ca~~. ~HcW Notary Public ..._ ~1Ul _A.~.""'NlIt c.Mt..... ~.,. . ~ M1~..",." . Robert C, HutchinB, Jr, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE Donna M. HutchinB, Defendant # 01- y.3 -S-YCIVIL TERM COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Robert C. HutchinB, Jr., Plaintiff, by his attorney, Ruby D. Weeks, Esquire, who avers as follows: 1. Plaintiff, an adult sui juris, is Robert C, HutchinB, Jr., a U. S. citizen, who currently resides at, P.O Box 61555, Harrisburg, Dauphin County, pennsylvania 17106-1555-55, since July, 2001. 2. Defendant, an adult sui juris, is Donna M. Hutchins, a U. S. citizen, who currently resides at 1555 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013, since June 2001. 3. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 31, 1992, at Mt. Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party is a member of the Armed Forces of the United States. 7. The marriage is irretrievably broken. 8. Plaintiff and Defendant have lived separate and apart since October 27, 2000. 9. 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. . . 10. Plaintiff requests the Court to enter a decree of divorce. COUNT I - IRRETRIEVABLE BREAKDOWN 3301 (c) of the Divorce Code 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart since October 27, 2000. 13. Plaintiff has been advised as to the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 14. Plaintiff requests the Court to enter a decree of divorce. COUNT II - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE 15. Paragraphs 1 through 14 are hereby incorporated by reference and made a part hereof. 16. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 17. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing plaintiff from the bonds of matrimony between the said plaintiff and defendant. 18. a. As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. As to Count II, that this Court determine marital property and order an equitable distribution thereof. a. Such other additional relief as the Court deems necessary and appropriate. 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. ~4904, relating to unsworn falsification to authorities. Date: IflJJ. 0 ( I Ruby ~~ Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 ? -/ <j"/{J I COMMONWEALTH OF PENNSYLVANIA BB COUNTY OF CUMBERLAND The above named, Robert C. HutchinB, Jr., being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. Sworn and subscr~R~d to bef~e this ~' day of ~ ,2001. N~A ~WLcJ ;,1;J;(,,\):;;~,~~li~~----"----=---l O.;t&~ '~~_;~.:~,...;:k;;,:,?i~~9!~.t,r'"? ~.~~ '{J'~~i~\':~)\ ~- ,-,' ;j:!,~l-(;Z'!}r'~ NOI'AIIM .. CMOL A. ..,......,.... CaIIWe ... C'.-b-'and County "" c:o..ltllllo" l!IlpIree June 28. 2003 ROBERT C, HUTCHINS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW IN DIVORCE DONNA M. HUTCHINS, Defendant #01-4354 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 10, 2001. 2. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated:~ .~<f'-C<- 'M cL{-U:t~ onna M. Hutchins, Defenbant Sworn and subscribed to before ~A ~ 9'1 day of , 20~ C1Jl?l1 A ~cJ Notary Public IIOfAlllAL lEAl. CtiIOL A. MOIItOW, ~ NIle ~ 8oro. Cuatbafond Coumv ., ~ 1 ,hlfl'oo ~ Juno~ 2GO:i~~. 0 0 0 C r..,) it r:~~ ~ ,~ -0 ,,T. c:: f1"'i fT1 :1') Z -.'. I -'7 L._ / 0', (/) -. r-' '\J ~f:: ,-.. ::z: , ...J:.-"" (~~~: ;:;:- C_ :.~ ::::J :j , 0 .... - ROBERT C. HUTCHINS, JR" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW IN DIVORCE DONNA M, HUTCHINS, Defendant #Ol-4354 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 10, 2001. 2. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer I s fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of Dated: ~/'5/0~ 18 Pa. C.S. ~4904 relating to unsworn Sworn and subscri~d to bef~~is ~ day. of ' , 20V~ () - (bh It jJ JJ !1p,fJ:a.) Notary Public o ~ ""tJiT: t~2~T. 7:.!~. ~~2 c) r,,) ::?:: J) I (",.r"! 'J.::-; C' ~ f+; S~~ .,>" '-- ~ .-- ., c ::? \0 .- ROBERT C. HUTCHINS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB, CIVIL ACTION - LAW IN DIVORCE DONNA M, HUTCHINS, Defendant #01-4354 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 330l ee) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date:~ 9JJ,'~ ~. VLG.. \'\A. . ~ ~ ~ JV'tL\ ~ M. Hutchins, D fendant -0:'-; 9,~( 7" (7, .....~ ~ ~~~:2. z ~ o c: .- '~::4 ',7) 1 C~; .- - ~ ..' =\ ~ ~ (:J - .. .. ROBERT C. HUTCHINS, JR" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW IN DIVORCE DONNA M. HUTCHINS, Defendant #01-4354 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 1}5!O" . '-" rYl Z Z ej) --. ~ -z-? c --:::Cl Pc Z -'1 -<. o c C) ("-..j _.;~ ,.- C'? I C.. r.:- -..-1- , "'-~6 ~tn ::IJ -< D t ., .. ROBERT C. HUTCHINS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW IN DIVORCE DONNA M. HUTCHINS, Defendant #01-4354 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a) (1) (ii) COMMONWEALTH OF PENNSYLVANIA BB COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Robert C. Hutchins, Jr., being duly sworn according to law, depose and say that a true and correct copy of the Divorce Complaint, was served on Donna M. Hutchins, at l555 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013, by mailing the same to her by certified mail, restricted delivery, No. 7000 l530 0002 4694 36l3, on July 20, 2001. Service was accepted on July 25, 2001. RUbY~ Sworn and sUbsc~ad to CL. before me this day of August, 200l. Nb,~C ~'WW MmJlJ118l C'AICI. A. '**DiI. ~ PuYe c.IIIe 8oro. C'Mmb.riand County ., a-~ .1IBI. I!xpIre& Juno 28, 2003 -, ~Y).p- I'" ~-.--....- I ~SS J...OY\if ~ b ^P RJ. ~,.. \L;'le Bt l7Di..3 4b. Service Type D Registered D Express Mall D Return Receipt for Merchandise 7. Date of Deliv -,,2~ Cc c: . Certified I D Insured I DCOD "I J i ~ Ii t= \ tJ-S 8. Addressee's Address (Only if requested and fee is paid) 6. Signature: (Addressee or Agent I X.\ .. 1_ II BIlIalI Domestic Return Receipt .... () c... C) ~ I , :-:... ~ "T) er: -fJ nl fi. G-=) '7 :1 ':1 Z .-- I .::J '. 0~> (.,". \ c:) r;:c :r;: , ~o ) ( ) -0 I il ,-- 5>c '--' ~.~ ~ i" ~ r-:> -< ROBERT C. HUTCHINS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW IN DIVORCE DONNA M. HUTCHINS, Defendant #01-4354 CIVIL TERM PRAECIPE TO WITHDRAW COUNTS IN DIVORCE TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the previous requests for Division of Property, in the above captioned divorce action since these matters have been satisfactorily resolved between the parties through a Property Settlement Agreement entered into July 31, 2002. Dated: ~ ~- 02.--- ~ Ruby D. Weeks, squ~re Attorney for Plaintiff cc: Ruby D. Weeks, Esquire Donna Hutchins, Pro Se o g ri~r-tr.: ;:~ :r ZL '!) ... ~:::t ~'~~,'; 1- _,l -<. o 1",) ,P" ~-::::: ~. ) -1t ,-\ ;~J I cr.. -~n r':' -~J 'cl i. ( ) A?~, ~~ <'0 ':< r::- (?