Loading...
HomeMy WebLinkAbout05-6255 \ CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. D~ - 1-)..55 CIVIL TERM JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 32 South Bedford St. Carlisle, Pa. 1.7013 (717) 249-3166 V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. DS - U~ CIVIL TERM CHARLES H. KINSLER, JR. Plaintiff JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE l. Plaintiff is Charles H. Kinsler, Jr., a competent adult individual, who resides at 1139 Cneterville Rd., Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Jeannee E. Kinsler, a competent adult individual, whose address is: Betty Nelson Court, Carlisle, Pa. 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing ofthis Complaint. 4. The Plaintiff and the Defendant were married in 1994 in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for 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. Plaintiff and Defendant have one child together, namely, Charles H. Kinsler, III, date of birth, July 7,1994, 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces ofthe United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) that the marriage is irretrievably broken pursuant to 23 Pa.e.S. 3301(c); (b) that Plaintiff has suffered such indignities as to render his condition intolerable and life burdensome pursuant to 23 Pa.C.S. 3301(a)(6). WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT II - EOUITABLE DISTRIBUTION OF PROPERTY I \. Sections I - 10. are herein incorporated by reference. 12. During the course of the marriage, the paities have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III . CUSTODY 14. Sections \. - 13. are herein incorporated by reference. 15. The parties are the natural parents of Charles H. Kinsler, III, date of birth, July 7, 1994. 16. The parties have been unable to reach a ~itten custody agreement. 17. A custody complaint is being filed contemporaneously with this complaint. WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding the child. Respectfully submitted, Date: /2- I 3 I o!J" ~ / J e Adams, ESquire .D. No. 79465 64 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION 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. 94904 relating to unsworn falsification to authorities. v --- Date: / 2/ Z /05 Charles H. Kinsler, Jr., Plaintiff ....., , ~ ~ ~ 't. fi. 9-.J ~ ~ -l) "'Q. :- \) ? ~ ~ ~C>OD- Ii' b D- \> C> ..c::: -t:. I ~ ".;~ (.; ,.., c.:,O I ~ ~t- ~9 CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OS -,,~~ CIVIL TERM JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE CUSTODY COMPLAINT 1. Plaintiff is Charles H. Kinsler, Jr., who currently resides at 1139 Centerville Rd., Newville, Cumberland County, Pennyslvania, 17241. 2. Defendant is Jeannee Elizabefh Kinsler, who currently resides at: Betty Nelson Court, Carlisle, Pa. 17013. 3. Plaintiff is the father of the following child and seeks custody of the following child: NAME DOB/AGE ADDRESS Charles H. Kinsler, III 717194 (II) 1139 Centerville Rd. Newville, Pa. 17241. Mofher and Father married in 1994. Father currently has primary physical custody of the child. During the past five years, fhe child has resided with fhe following persons and at the following addresses: NAME ADDRESSES DATES Charles H. Kinsler, Jr. Jeannee E. Kinsler 1139 Centerville Rd. Newville, Pa. 17241 2000 - 12/1/2004 Charles H. Kinsler, Jr. 1139 Centerville Rd. Newville, Pa. 17241 12/1/2004 - present. The mofher ofthe child is Jeannee E. Kinsler, and she currently resides at: Betty Nelson Court, Carlisle, Pa. 17013. She is married to: Charles H. Kinsler Jr. . The father the children is Charles H. Kinsler, Jr., and he currently resides at: 1139 Centerville Rd., Newville, Pennyslvania, 17241. He is married to Jeannee E. Kinsler. 4. The relationship of plaintiff to the children is that of Father. The persons that the Plaintiff currently resides with are: the child. 5. The relationship of defendant to the child is that of Mother. The persons that the Defendant currently resides with are unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare ofthe child will be served by granting the relief requested because: The parties separated on December I. 2004. Father remained in the marital home and currentlv has primary phvsical custody of the child. Father believes it would be in the best interest of the child to enter a custody order which would confirm the current arranl!:ement. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody ofthe child. Date: (~- ~ . C);) . VERIFICATION 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. 94904 relating to unsworn falsification to authorities. Date: \ d, - ~ - 0 'J- 1.\I~'L '\~~ ~insler, Jr., Plai~ff ~-. "), , co) , . , . c; \ -.:,'" -"~~ CHARLES H. KINSLER, JR. PLAINTIFF tN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-6255 CIVIL ACTION LAW JEANNEE E. KINSLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueliue M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on_,_,_..I~tJrsd...y, ,Ja."tJ"....y l~, 200.li..___ ._. at !!l:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will he made to resolve the issues in dispute; or if this cannot be accomplished, to detlne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also bc prcscnt at the conference. Failure to appear at the confercnce may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any :md all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin\!. FOR THE COURT, By: _/s/ Jacqueline M. Vernev, Esq. Custody Conciliator ,J If- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business betore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY 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 32 South BedJ()rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~, ~7'.r/1 _L/YJ? .-M"" ,~,d~7 - 1;'7 '1,71":' r''1i v ;-'v'c' ~ -;;>; ~ 66r750-6.r;/ ~ jtr:z ~ {f,fw1o/",'ve/ CC' . II' ' ., ,.) . ; ~ ' :\- CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 6255 CIVIL TERM JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this January 3, 2006, I, Jane Adams, Esquire, hereby certify that on December 22, 2005, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND CUSTODY COMPLAINT were served, via certified mail, return receipt requested, addressed to: Jeannee E. Kinsler 4 Betty Nelson Court Carlisle, Pa, 17013 DEFENDANT . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mal/piece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? If YES. enter delivery address below: Jeannee E Xi1s1er 4 Betty ~els0n Court C~rlisle n~ 17013 3. Service Type );l::.Certified Mall o Registered o Insured Mall o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. ArtJcle Number (Transfer from service labs , PS Form 3811, February 2004 7003 1010 0004 7818 6954 Domestic Return Receipt / 102595-D2-M-1540 ane l\dams, Esquire \ l. . No. 79465 64 South Pit! Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEYFORPLAINTWF .~. 0-0 c:~.) c-" ,r" C) ~n --I ::1: ,-\1 c...... ~~~7; , 0) ~; r:! -):- I CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 6255 Civil Ternl JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this day of , 2006, by and between JEANNEE E. KINSLER, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and CHARLES H. KINSLER.. JR., (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Charles H. Kinsler, III, date of birth, July 7, 1994. WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation oftheir child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions Ofthl: present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effel;t as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agre'~ as follows: 1. Le2al Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medil~al, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that thl: other party can attend. . Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Phvsical Custodv. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Father. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Moth.:r shall have periods of partial custody with the child as the parties mutually agree. 4. TransDortation and Exchanl!:e. Mother shall provide transportation for all custody exchanges. 5. Mutual CooDeration. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residenc,e and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall rnean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare ofthe Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Bindin~ Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody ammgement or visitation schedule shall be. , 9. Governine: Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. I I. Entire Ae:reement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly eXI~cuted the present Stipulation and Custody Agreement the day and year first above written. WITNESS: t 1}11 L-/. ;;.f.4<:.t{.A.'" . / /7 <-( L;!/(.,-/ Witness ~ t[~ Charles . fj er,)i., ther COMMONWEALTH OF PENNSYLVANIA ) ):ss ) COUNTY OF CUMBERLAND . :1\,\ On this, the J D day of , 2006, before me, the undersigned officer, personally appeared CHARLES H. KINSLER, ., known e, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowl~ ged that helshe executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto se " ) €'Vl"'^"'ll/J. otarial Seal Jane Adams, Notary Pu!olic 'lUiMlrlls1!'1o.cllllll\edat:t~ County A<emm~~~~~~~_008 /I~ . V- ~u</I/ c:>J/./AJ yJ€annee E. Kinsler, Mother COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~O.,~ On this, the day 0 appeared JEANNEE . KINSLE subscribed to the within instrument, contained. ) ):ss ) ~. ,2006, before me, the undersigned officer, personally to m '(or atisfactorily proven) to be the person whose name is acknowle that he/she executed the same for the purposes therein IN WITNESS WHEREOF, I hereunt -..... , .-/ ~ 'f!liw~LVANIA Notarial Seal ~ Jane Adams, Notary Public Carlisle Bom, cu~berlan~ County My Comnlission ExpIres Sept. 6, 2008 p ..,.,; r~.J c::/ ,."..~ ~c,' j '-- :-;? r.;:; _.~, u') r;'- (,; CHARLES H. KINSLER, JR., Plaintiff .IDN 1 (I LUUb q : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6255 CIVIL ACTION - LAW JEANNEE E. KINSLER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this lOth day of January, 2006, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 'Lr:J {12 :EJ :.-, .., (, (:-1vr seaz :10 --"--------- 1 J '\1 JAM 1 2 200~ CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 6255 Civil Term JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE ORDER r~ AND NOW, this 1 ~ day of 1'1).""O"...i ' 2006, having reviewed the attached agreement between the parties dated January 10, 2006, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. ~i W\ J. cc: cJlille Adams, Esquire, for father ~ (\ ~.o'lo a\' \--r' [1.:' ~,.. :) {'>! 1P,'.'("> (.,(. ~ CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 6255 Civil Term JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE STIPULATION AND CUSTODY AGREEMENT "tn .... This Stipulation and Custody Agreement is made this \ (j day of ~ D-,^,"v.'/ ' 2006, by and between JEANNEE E. KINSLER, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and CHARLES H. KINSLER, JR., (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Charles H. Kinsler, III, date of birth, July 7, 1994. WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: I. Lel!aI Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. .. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions ofthis Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Father. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Mother shall have periods of partial custody with the child as the parties mutually agree. 4. Transoortation and ExchaDlle. Mother shall provide transportation for all custody exchanges. 5. Mutual Coooeration. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare ofthe child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes ofthe children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Bindin~ Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. , 9. Governine Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10, Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. I I. Entire Aereement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: /. /}1J ",/, ;:..t4t:.t<.-<-. ,,' . / //" tj.-f..'.<./ Witness COMMONWEALTH OF PENNSYLVANIA ) loss COUNTY OF CUMBERLAND ) . ~\ On this, the) () day of Un.A"'''L~ ' 2006, before me, the undersigned officer, personally appeared CHARLES H. KINSLER, i!).: k;,~1, e, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowle ged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the \O~ay 0 -' - ~., 2006, before me, the undersigned officer, personally appeared JEANNEE f KINSLER to m . (or atisfactorily proven) to be the person whose name is subscribed to the within instrument, '. d acknowle that helshe executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunt 'l'I'ilw ~LVAN1A Notarial Seal Jane Adams, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 6, 2008 -r~ ~~, V)'i o - c:. r"-.} , 3:-: ~~ (;:; 1..1..-\ ;.~ CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 6255 CIVIL TERM JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ''d..~ day of ~C\!\. C:.J,\ ,2006, by and between, JEANNEE E. KINSLER, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and CHARLES H. KINSLER. JR, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married in 1994, in Newville, Cumberland County, Pennsylvania, and; WHEREAS, there was one child born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to 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 Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: l. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Jane Adams, Esquire, as his attorney. The Wife is PRO SE. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Wife hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties 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 shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. S. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties ifthey have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days ofthe execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate ofthe other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnifY or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all loan obligations associated with her vehicle(s) or the property in Loysville, Pa. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all loan obligations associated with his vehicle(s) or the property associated with 1139 Centerville Road, Newville, Pa. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage,. the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power ofthe other party; the opportunity for each party for future acquisitions 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 the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The following items shall be and remain the sole and exclusive property of Wife. The parties' camper trailer. The Bravado. (b) The following items shall be and remain the sole and exclusive property of Husband. The cargo trailer. The 1999 Dodge truck. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to properties located at 1139 Centerville Road, Newville, Pa. and Loysville, Pa. The parties agree as follows with respect to the these marital residences: (a) Husband shall retain the property located at 1139 Centerville Road, Newville, Pennsylvania, 17241. Within thirty days of this agreement, and upon Husband's request, Wife shall execute a Deed in favor of Husband, thereby conveying all her right, title and interest in this marital residence to Husband. Husband shall be responsible for any preparation or filing fees associated with this transfer. As of the date of this agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining this residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (b) In consideration for Wife relinquishing all right, title, and interest in the property located at 1139 Centerville Rd., Newville, Pennsylvania, Wife shall receive a total of $10,000.00 from Husband in payments as follows: I) Wife already received a payment 01'$3000.00 on or about January 10,2006. 2) Wife shall receive a payment of $3500.00 within five (5) days of signing this agreement. 3) Wife shall receive a payment of $3500.00 within five (5) days of the entry of the Divorce Decree. (c) Wife shall retain the property located in Loysville, Perry County, Pennsylvania. Within thirty days of this agreement, and upon the request of Wife, Husband shall execute a Deed in favor of Wife, thereby conveying all his right, title and interest in this residence to Wife. Wife shaH be responsible for paying any Deed preparation or filing fees associated with this transfer. As of the date of this agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining this residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. Other than as provided in this agreement, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to 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, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. All alimony to be paid under this agreement shall terminate upon the recipient's remarriage or cohabitation with a person of the opposite sex. IS. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessment or collection of any tax for such periods. If any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnifY and hold harmless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. 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. 17. 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. 18. APPLICABLE LAW. The 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. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith 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. 21. NO WAIVER OF DEFAULT. 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 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 default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. 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 provisions 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 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. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is' entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: lliCAlvVd- itn ss '~\L-7) \l, , ~a-;?,4 f::z...., EE E. KINSLER, Wife c COMMONWE~1H OF PENNSYLVANIA ) ~<::f\b\j~{) CQ.,~ ):ss COUNTY OF C BERLAND ) ~ On this, the LC{ day of ''I'Y\cv\~ , 2006, before me, the undersigned officer, personally appeared JEANNEE E. KINSLER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IlOJ CHARLES H. KINSLER, JR ~QJ~ Wi ess Date:~\2C\~ COMMONWEALTH OF PENNSYLVANIA 1t?iliW~\oF ~~D On this, the ~day of~~ ,2006, before me, the undersigned officer, personally appeared CHARLES H. KINSLER, JR. known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. ) ):ss ) IN WITNESS WHEREOF, I hereunto set my hand and official seal. arv Public - NWEALTH OF PENNSYLVANIA Notarial Seal ~~irs: ilsle Bora, Cumberlan.J County My CommiSSIOn Expires Sept. 6, 2008 ~ ,) ,/:-;,. ~ :'J "\_1 -~'-', ~.o CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 6255 CIVIL TERM JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complamt m divoree under section 3301 (c) of the Divo,"", Code was filed on (2- { t; I ~ . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: C (a /0 (, .~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE I. I consent to entry of a fmal 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. Dat,,(C! 91 ~ ,.~, ;~') N 0-, CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 6255 CIVIL TERM JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on rt/5 / ~ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Dare: ,/q~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND &3301(d) OF THE DIVORCE CODE I. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. S4904 relatin to unsworn falsification to aut~es. Date: filA) {_ ~ ZL 10 {tit 0 ~ ee E. Kinsler, Defendant .., ,...." gg 0 co.... 11 (~- N :0 c..~ 0",', . CHARLES H. KINSLER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 6255 CIVIL TERM JEANNEE E. KINSLER, Defendant : ACTION IN DIVORCE PRAECIPE TO 'fRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following infornlation to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 9330](c) of the Divorce Code. 2, Date and manner of the service ofthe Complaint: Via certified mail, restricted- delivery, return-receipt requested, on: December 22, 2005. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: June 9, 2006. By Defendant: June 9, 2006, 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: June 12, 2006. Date Plaintiffs Waiver of Noticc in g3301(c) Divorce was filed with the Prothonotary: June 12,2006. Date: ~ ( ~ Co I ~ Respectfully S bmitted: e Adams, Esquire . No. 79465 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff () ",-, 0 ~ c: c.~-~ -n Cy-, (-~ 5'! c.:~ -n en F ,~ "" .. c~ I '. ) ',,; ;.-i'i r:~) ..:.., 'b, e:::> :iJ c.:c """ , IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY STATE OF PENNA, Charles H. Kinsler, Jr., Plaintiff No. 2005 - 6255 Civil Term No. . . VERSUS Jeannee E. Kinsler, Defendant DECREE IN DIVORCE . . . 1\J~~ 11 100" , IT IS ORDERED AND . . . . AND NOW, Charles H. Kinsler, Jr. . DECREED THAT , PLAINTIFF, Jeannee E. Kinsler . . AND , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE C;:OURT 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 marriage settlement agreement which was executed March 28, 2006, and . filed March 29, 2006, shall be incorporated and not merged into this Decree. . . . PROTHONOTARY By THE COURT: . J. . . . ( _ ;fip ~ ~ ~ /}(j-(t:- 'I -'/fl P ~ -r- -4.q; -f"l '!Il- Lc' 1 , . . "I.. . .. ~'. J " .~ .._...~ '\