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HomeMy WebLinkAbout06-2716IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, Plaintiff V. ADAM F. HOCKENBERRY, Defendant NO. Ot, . 271L ct;'( Tyr-. : CIVIL ACTION- LAW DIVORCE COMPLAINT Plaintiff, Amy S. Hockenberry by attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: 1. 2. 3. 4. 5. 6. 7. 8. 9. The Plaintiff is Amy S. Hockenberry, an adult individual who currently resides 130 Cedar Street, Carlisle, Cumberland County, PA 17013 since July 2000. The Defendant is Adam F. Hockenberry, an adult individual residing at 501 Windy Hill Road, Lot 147, Shermans Dale, PA 17090 since March 28, 2006. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on February ,,14, 2004 at Hawaii. There are no children under the age of eighteen (1p) years born of the marriage. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised that counseling is availabl and that Plaintiff may have the right to request that the Court require the parties o participate in counseling. Defendant is not a member of the Armed Services of the United States or any of its Allies. Plaintiff avers that the grounds on which the action is based is that is irretrievably -1- 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, C-" FF, ESQUIRE 448 Trindle R d Camp i ,A 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff 2- 4 VERIFICATION AMY S. HOCKENBERRY verifies that the statements made in this Complaint are true and correct. AMY S. HOCKENBERRY understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. •l (Y07? AMY S. HO ENBERRY Date: a? in'/ 6M6 3- ? o r r -? Sri _ N a 2>' ? ? Crt ',1 f 41 nr" Ci ? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, Plaintiff : V. ADAM F. HOCKENBERRY, Defendant NO. CIVIL ACTION - LAW. DIVORCE MARITAL AGREEMENT BETWEEN ADAM F. HOCKENBERRY AND AMY S. HOCKENBERRY TABLE OF CONTENTS INTRODUCTION ................................................................ 01 SECTION I General Provisions ............................................................. 01 SECTION II Distribution of Property and Debts ........................................... 06 SECTION III Counsel Fees, Support, Alimony, Et Health Insurance ..................... 12 SECTION IV Closing Provisions and Execution ............................................ 13 NOTARY .......................................................................... 15 EXHIBIT "A" Personal Property to be Transferred to Husband .......................... 16 INTRODUCTION THIS AGREEMENT made this day of April, 2006, by and between AMY S. HOCKENBERRY, ("Wife") of 130 Cedar Street, Carlisle, PA 17013, and ADAM F. HOCKENBERRY, ("Husband") of 501 Windy Hill Road, Lot 147, Shermansdale, PA 17090. WITNESETH: WHEREAS, the parties hereto are husband and wife. They were married on February 14, 2004 in Hawaii and separated on March 28, 2006. WHEREAS, There were no children born of this marriage. WHEREAS, diverse and unhappy 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 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 premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. -1- 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. After Wife initiates a divorce action, and thereafter as soon as possible under the terms of said Divorce Code, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. 1.03. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER. The terms of this Agreement shalt be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shalt be defined as the date of execution by the party last executing this Agreement. 1.05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that he accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to him by said counsel. 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that -2- he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the -3- United States, or (iii) any other country; C. Marital Rights: 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. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and -4- remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages and Attorneys Fees and Costs: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and -5- against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: -6- I. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein, 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein, and the items of personal property set forth on the list attached hereto as Exhibit "A", and made a part hereof, which items were distributed to Husband during the weekend of April 21-23, 2006. B. Vehicle(s)and Vehicle Loans): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: The 2005 Honda Element subject to, and under the sole obligation to pay, the Honda vehicle lease for the lease of said vehicle. Wife has initiated and will complete the process to remove Husband from any and all obligation and liability under the Honda Lease. 2. To Husband: The 2000 Mitsubishi Eclipse subject to, and under the sole obligation to pay, the Citizens Bank loan for the purchase of said vehicle. Husband has initiated and will complete the process to remove Wife from any and all obligation and liability under the Citizen's vehicle loan. 3. Vehicle Insurance: Wife will maintain, and pay all cost associated therewith, the vehicle insurance policy covering the aforesaid vehicles until Husband is removed from all liability under the Honda Lease. Thereupon each party shall maintain his or her individual policies on their respective vehicles. If as the result of the removal of Husband's vehicle from that insurance policy a refund is due, that refund shall be paid solely to and become the sole and separate property of Wife. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") previously have been and shall be divided and distributed as follows: 1. To Wife: The funds previously received by Wife from the joint -7- Sovereign Elite Checking account #2929 and the Sovereign Account #8929 held jointly with Wife's father. Wife is to close Sovereign Account #2929 and Sovereign Account #4205 and use the remaining balance in said accounts to be applied towards the costs to be incurred by Wife for car insurance as herein provided. 2. To Husband: The funds previously received by Husband from the joint Sovereign Elite Checking Account #2929 and the funds previously received by Husband from Jt. Sovereign checking account #4205. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife's 401(k) plan with Carlisle Small Animal Veterinary Clinic PC (both marital and non-marital portions). 2. To Husband: Husband's 401(k) Plan with Blevins, Inc. G. Real Estate: The real estate titled in Wife's sole name, acquired by her prior to the parties' marriage, known and numbered as 130 Cedar Street, Carlisle, PA 17011, ("the Real Estate"), and encumbered with a mortgage owed jointly by the parties to Sovereign Bank, ("the Mortgage"), shall be divided and distributed in accordance with the following: -8- 1. Waiver/Conveyance: Husband waives any and all right, title, interest and claim he may have in and to the Real estate. If required by Wife to effectuate this waiver, Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Husband within seven (7) days of his receipt of said deed, at which time the deed shalt be delivered to Wife for recording . 2. Liens. Encumbrances and Expenses: Wife shall hold title to the Real estate subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past and currently outstanding, present or future, and shall indemnify, protect and save Husband harmless therefrom. 3. Refinance: So as to release Husband from further liability thereunder Wife shall apply for refinancing/assumption of the Mortgage within fifteen (15) business days of the date of this Agreement and shall complete that refinance /assumption within sixty (60) days of the date of this Agreement, or within a reasonable time after the entry of the divorce decree, if such longer time is required by her lender. The costs of refinancing/assumption shall be paid by Wife. If Wife does not obtain that refinancing/assumption, then Wife will apply every two (2) years thereafter until Wife secures a refinancing /assumption of the Mortgage. H. Monetary Payment: None. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the -9- following debts: A. Wife's Chase Visa Acct #5700 B. The joint Best Buy Account #4343. Wife is to make all monthly payments due on said account as they come due and shall close the account when it has been paid, in full. Pending the account being closed Wife sh ake any further charges on said account. C. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: A. $1,000 as his share of Wife's Chase Visa Account #5700, paid by Husband to Wife during the weekend of April 21-23, 2006. B. $2,000 as his share of the Joint Best Buy Account #4343 paid by Husband to Wife during the weekend of April 21-23, 2006. C. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with -10- respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. G. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of -11- defending against the obligation and/or enforcing the provisions of this indemnification. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. L. Refinance: Except as specifically herein provided, and in the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES. SPOUSAL SUPPORT. APL. ALIMONY. CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The attorneys fees, costs and expenses incurred by wife for the preparation of this Agreement and the divorce action shall be divided equally between the parties. Husband shall pay Wife his 50% share within seven (7) days of receipt of the billing for said costs and expenses. Otherwise, the parties each waive any right and/or claim each may have, both now and in the future, -12- against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. The parties each waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. HEALTH INSURANCE. The following shalt apply regarding health insurance: A. Health Insurance for Spouse: Until the date of the termination of Husband's employment on April 13, 2006, Husband shalt continue to maintain his employment health insurance coverage (medical dental, optical, and/or prescription) including coverage on Wife to the extent it existed as of the date of separation and as such policy may have thereafter been amended through his employment. Thereafter Wife shall be entitled to elect Cobra coverage under Husband's employment health insurance policy in accordance with and subject to federal rules and regulations provided that she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance Documentation: Husband shall provide Wife with all documentation pertaining to the health insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shalt be as binding upon the parties as if they were -13- ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) ADAM F. OC E ERRY LI/ Date: ?Z -2 `-/ - Oj?5 (SEAL) AMY S. H CKENBERRY Date: ?? ?P -14- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. On this the AOW' day of ,C , 2006, before me the undersigned officer, personally appeared, ADAM F. HOCKENBERRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA NOTARY PUBLIC My Commission Expires: s Sept SS. Member 1 6noty;,ama Assoc+~ Of Notafles COUNTY OF CUMBERLAND On this the 21 ay of I-D T- 2006, before me the undersigned officer, personally appeared, AMY S. HO KENBERRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have(hefeupto set my hand and notarial seal. PUBLIC ission Expires: -15- CO LT OF PENNSYLVANIA Notada! SOW t L ?!? ? ry Public EXHIBIT "A" PERSONAL PROPERTY RECEIVED BY HUSBAND FROM WIFE 1. Sony 32" N 2. Sony Surround Sound System 3. Gas Grill -16- t7 r.' C=3 a N r `4) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, Plaintiff NO. OV Z 1 / ? Call I V. ADAM F. HOCKENBERRY, Defendant : CIVIL ACTION - LAW. : DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above captioned Divorce Action, hereby elects to retake and hereafter use her previous name of Amy S. Reese. This election is made pursuant to the provisions of 54 P.S. §704. JkA A &&'41LWA4 my S. Ho kenberry (Signature marr' d name) , DL.'A A, Amy S. Reeie (Signs re former name) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: On the I? day of A?-QA -A 2006, before a Notary Public, personally appeared Amy S. Hockenber kno n to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal Notary Public COMMONWEALTH_ O? YL?ANiA Notarial Seal Diane G. RaddifF, Notary Public ??.Exupmres ana11?,2n008 Member, Pennsylvania Assnriatinn O! Notaries ? ? ? c ? ? \? ? .7G ^cs "> c5 C : y ern ?S . T- ? -. ? _t Op_ a? ? Uz ?-S1 ? ORIGim,IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, now by resumption of maiden name, AMY S. REESE Plaintiff V. ADAM F. HOCKENBERRY, Defendant N NO. 06-2716 CIVIL TERM) CIVIL ACTION - LAW f., Pli -t-, IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 12, 2006. 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: /?21r 120 /O . RE ORIG `? L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, now by resumption of maiden name, AMY S. REESE Plaintiff V. ADAM F. HOCKENBERRY, Defendant NO. 06-2716 CIVIL TERM ' CIVIL ACTION - LAW IN DIVORCE ==j WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. N -77 cn 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. T rr. _, a 3. 1 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 84904 relating to unsworn falsification to authorities. Dated: O/ZO/U ? S. R SE ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, now by resumption of maiden name, AMY S. REESE Plaintiff V. . ADAM F. HOCKENBERRY, Defendant . NO. 06-2716 CIVIL TERM c: CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT b L- c..n 4.:. 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 12, 2006. 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. ?.:r T6 T I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: AA F. ENBERRY L) ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, now by resumption of maiden name, AMY S. REESE Plaintiff V. ADAM F. HOCKENBERRY, Defendant NO. 06-2716 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE n /fl N N WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. 1 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 Waiver 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: 02 s s41/ 20 iy D F. OC kr? BERRY ONCINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, Plaintiff v. ADAM F. HOCKENBERRY, Defendant NO. 06-2716 CIVIL ACTION - LAW DIVORCE N T MARITAL AGREEMENT BETWEEN ADAM F. HOCKENBERRY AND AMY S. REESE INTRODUCTION THIS AGREEMENT made this ?day of , by and ° between Amy S. Reese (formerly Amy S. Hocken erry ife") of 1571 Waggoners Gap Road, Carlisle, PA 17013, and Adam F. Hockenberry, ("Husband") of 3658 Waggoners Gap Road, Carlisle, PA 17015 WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on February 14, 2004 in Hawaii; and WHEREAS, the parties initially separated on March 28, 2006, after which they entered into a Marital Agreement dated April 24, 2006, filed of record in the above referenced divorce action; and WHEREAS, the parties subsequently and finally separated on August 18, 2009; and WHEREAS, there were no children born of this marriage. WHEREAS, diverse and unhappy 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 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 premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: -1- SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. PRIOR MARITAL AGREEMENT. The parties do hereby ratify and reaffirm the terms of their Marital Agreement dated April 24, 2006, incorporated by reference hereto, except and only to the extent specifically modified by the terms of this Marital Agreement. 1.05. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.06. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that -2- he accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to him by said counsel. 1.07. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.08. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.09. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.10. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain -3- from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conve ay noes: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: 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. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.11. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.12. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. -4- 1. 13. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.14. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.15. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages and Attorneys Fees and Costs: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any -5- nature for enforcement of this Agreement. 1.16. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.17. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It -6- is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: Except as set forth below, all items of personal property in the possession of Wife, and any items previously distributed to Wife pursuant to the terms of the 4/24/06 Marital Agreement. 2. To Husband: Except as set forth below, all items of personal property in the possession of Husband, not otherwise distributed to Wife herein, and the items of personal property previously distributed to Husband pursuant to the terms of the 4/24/06 Marital Agreement. 3. House Items: The dishwasher, refrigerator, range and gas grill are to be sold as part of the sale of the Real Estate referenced below. 4. Dogs: Wife shall retain the two mixed Pit Bulls, "Hooptie" and "Dubbs" and the Chihuahua, "Hula". Husband shall retain the Blue Heeler, "Pedro". B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: The 2008 Honda Element subject to, and under the sole obligation to pay, the Honda vehicle loan. If Husband has any liability or obligation for or under Honda Vehicle Loan, then within sixty (60) days of the date of this Marital Agreement, Wife shall refinance that loan into Wife's sole name so as to remove Husband from any and all -7- obligation and liability thereunder. 2. To Husband: The following vehicles and loans: (a) The 2004 Ford F-350 subject to, and under the sole obligation to pay, the Ford Vehicle Loan, if any. If Wife has any liability or obligation for or under the Ford Vehicle Loan, then within sixty (60) days of the date of this Marital Agreement, Husband shall refinance that loan into Husband's sole name so as to remove Wife from any and all obligation and liability thereunder. (b) The 2007 Victory Jackpot subject to, and under the sole obligation to pay, the Victory Vehicle Loan, if any. If Wife has any liability or obligation for or under the Victory Vehicle Loan, then within sixty (60) days of the date of this Marital Agreement, Husband shall refinance that loan into Husband's sole name so as to remove Wife from any and all obligation and liability thereunder. (c) The 2003 Freightliner subject to, and under the sole obligation to pay, the Freightliner Vehicle Loan, if any. If Wife has any liability or obligation for or under the Freightliner Vehicle Loan, then within 30 days following the date Husband files his Federal Income Tax Return for 2009, but in no event any later than May 15, 2010, Husband shall refinance that loan into Husband's sole name so as to remove Wife from any and all obligation and liability thereunder. In the event Husband has not obtained the refinancing within the refinancing period aforesaid, then the 2003 Freightliner Truck shall be marketed for sale and sold for the best price obtainable, Husband agreeing to accept any reasonable offers to purchase based on the condition of the truck and the balance owed on the loan. Upon said sale all proceeds remaining after payment of the loan will be paid to Husband as his sole and separate property. If any balance remains on the loan upon sale, that loan balance shall be paid by Husband upon the sale. (d) The 2000 Mack Truck subject to, and under the sole obligation -8- to pay, the Mack Vehicle Loan, if any. If Wife has any liability or obligation for or under the Mack Vehicle Loan, then within 30 days following the date Husband files his Federal Income Tax Return for 2009, but in no event any later than May 15, 2010, Husband shall refinance that loan into Husband's sole name so as to remove Wife from any and all obligation and liability thereunder. In the event Husband has not obtained the refinancing within the refinancing period aforesaid, then the 2000 Mack Truck shall be marketed for sale and sold for the best price obtainable, Husband agreeing to accept any reasonable offers to purchase based on the condition of the truck and the balance owed on the loan. Upon said sale all proceeds remaining after payment of the loan will be paid to Husband as his sole and separate property. If any balance remains on the loan upon sale, that loan balance shall be paid by Husband upon the sale. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") previously have been and shall be divided and distributed as follows: 1. To Wife: Any Accounts in Wife's sole name or held jointly by Wife and any third party. 2. To Husband: Any Accounts in Husband's sole name or held jointly by Husband and any third party. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. -9- 2. To Husband: None. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: None not covered by the 4/24/06 Marital Agreement. 2. To Husband: None not covered by the 4/24/06 Marital Agreement. G. Real Estate: The real estate titled known and numbered as 3658 Waggoners Gap Road, Carlisle, PA 17015, ("the Real Estate"), and encumbered with a mortgage owed to the Bank of Landisburg, incurred jointly by the parties, having a balance of approximately $250,000 and requiring biweekly payments of approximately $900.00, ("the Mortgage"), shall be divided and distributed in accordance with the following: 1. Listing and Marketing: The Real Estate is currently listed for sale with Wolfe and Shearer at a listing price of $319,900.00. Until the Real Estate is sold, and settlement held, the parties shall continue to have the Real Estate listed for sale with that Realtor, or if they mutually agree, a different realtor agreeable to both of the parties. The parties shall hereafter market and sell the Real Estate at the best price obtainable. Absent mutual agreement, the parties shall follow all reasonable advice as to listing and sales price suggested by their real estate broker. 2. Distribution of Proceeds: Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of all normal and reasonable settlement costs, shall be applied to the payment of the following, listed in order of priority of payment: (a) Outstanding Real Estate taxes, (current past due balance $6,732.65); (b) Outstanding Mortgage, (current balance $248,500); (c) FBN Omaha credit card account, (current balance $15,000); -10- (d) USAA credit card account, (current balance $9,000); (e) Reimbursement to the real estate settlement agent for taxes paid by that agent arising out of the sale of the parties' previously owned real estate located at 130 Cedar Street, Carlisle, PA. (f) Lowe's credit card account, (current balance $1,800); (g) Member's 1St credit card account, (current balance $5,000); (h) reimbursement to either party for amounts paid by that party on behalf of the other party for his or her obligations assumed in this Agreement; (i) $10,000, or if not enough funds, the remaining balance to Wife; (j) The then remaining balance shall then be divided equally between the parties; In the event Husband files for bankruptcy and discharges his liability to pay any obligations assumed hereunder, then the entire proceeds shall be paid to Wife subject only to the obligation to pay the amounts and creditors referenced in subparagraphs (a) through (e) above. 3. Payments: Pending the sale and settlement, Husband shall pay all expenses relating to the Real Estate, including, but not limited to, the insurance, utilities and the like. Pending the sale and settlement, Wife shall pay 1/3 of the required mortgage payments, and Husband shall pay 2/3 of the required mortgage payments. 4. Taxes: Each party shall be responsible for the timely and prompt reporting of 50% of the gain or as the case may be the loss, derived from the sale of the Real Estate, if applicable, on his or her appropriate tax returns and shall be liable for payment of any and all taxes resulting therefrom, or shall be entitled to any capital gains tax deductions resulting therefrom , including, but not limited to, capital gains taxes or losses or the equivalent, and shall indemnify, protect -11- and hold the other party harmless therefrom. H. Monetary Payment: None. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Pending the sale of the Real Estate and payment of the parties debts as referenced above, Wife shall pay the required minimum monthly payments on the following debts: (a) FBN Omaha credit card account, (current balance $15,000); (b) USAA credit card account, (current balance $9,000); (c) 1/3 of the Real Estate Mortgage payments Wife shall also be obligated to pay any other credit cards, loans, debts and liabilities incurred in Wife's individual name, and any other debt to be paid by Wife pursuant to the terms of this Marital Agreement. 2. To Husband: Pending the sale of the Real Estate and payment of the parties debts as referenced above, Husband shall pay the required minimum monthly payments on the following debts: (a) 2/3 of the Real Estate Mortgage payments; (b) Lowe's credit card account, (current balance $1,800); (c) Member's 151 credit card account, (current balance $5,000); Husband shall also be obligated to pay any other credit cards, loans, debts and liabilities incurred in Husband's individual name, the loan made to Husband by Wife's Father for the registration of one of the tractor trailer trucks in the amount of $1,655.88, and any other debt to be paid by Husband pursuant to the terms of this Marital Agreement. The loan from Wife's Father shall be paid on or before the sale of the Real Estate, but in no event any later than December 31, 2010. -12- 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personalty Transfer: If either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. -13- G. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. L. Refinance: Except as specifically herein provided, and in the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as -14- to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. Except as hereafter provided, the parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. The foregoing notwithstanding, Husband shall pay any counsel fees and costs incurred by Wife after December 31, 2009 for her attorney to secure the entry of the divorce decree. 3.02. ALIMONY, APL, AND SUPPORT. The parties each waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. Rest of this Page Left Intentionally Blank. -15- IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed seated and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: SEAL ADAM F. HO ENBERRY Date: o2.?^S.?fi?/ Z o /-c2 (SEAL) AMY S. RE E Date: Me ,(a'A- -16- r COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the C? day of , 20_\a, before me the undersigned officer, personally appeared, ADAM F. HO ENBERRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and notarial seal. OMMONWEALTH OF PENNSYLVANIA Notarial Seal JennlW N. Grove, Notary Public Sliver Spring Tv4i., 0 rmbadand County My CoMMINOan Expires Jan. 28, 2012 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA U?aA 0 N TARY P 696C My Commission Expires: SS. COUNTY OF CUMBERLAND On this the a&V*'Jday of jjg2j:!?? , 20 /O before me the undersigned officer, personally appeared, S. REESE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal My pubic CX? Member, Pennaylvania?A ? Sept ' ,. ry es -17- AMY S. HOCKENBERRY, (AMY S. REESE?: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM F. HOCKENBERRY NO. 06-2716 DIVORCE DECREE AND NOW, /Lca rv 6l , 0201 0 , it is ordered and decreed that AMY S. HOCKENBERRY, (AMY S. REESE) plaintiff, and ADAM F. HOCKENBERRY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") No issues are pending. All issues have been resolved by a Marital Agreement dated January 26, 2010, which Agreement is incorporated into but not merged with this Divorce Decree By the Court, Attest: J. Prot onotary d /?,?r? ?? ?? - ? ??? rfY 'F 'r. ?. 4: ilr. " 1 Y 71 t.' i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, now by resumption of maiden name, AMY S. REESE Plaintiff V. ADAM F. HOCKENBERRY, Defendant NO. 06-2716 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ENFORCEMENT OF MARITAL AGREEMENT Submitted By: Amy S. Reese PREVIOUSLY ASSIGNED JUDGE the Honorable Albert Masland APPEARANCE FOR PLAINTIFF: Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliff(aD-comcast.net APPEARANCE FOR DEFENDANT: Adam F. Hockenberry 13 Dallas Drive Grantville, PA 17028 Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, now by resumption of maiden name, AMY S. REESE Plaintiff V. ADAM F. HOCKENBERRY, Defendant NO. 06-2716 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CCRP RULE 208.2(d) and RULE 208.3(a) CERTIFICATION Re: Plaintiffs Petition for Enforcement of Marital Agreement Dated January 26, 2010 I, Diane G. Radcliff, Esquire, hereby certify that: 1. The following judge or judges were previously assigned to this case and any companion cases: The Honorable Albert Masland 2. The within Petition was prepared and submitted by Diane G. Radcliff, Esquire, who will be representing the Petitioner in this matter. 3. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; (b) None for Defendant. 3. Defendant/Respondent has not been asked to concur in this Petition because it is known that he will not agree. Dated: April 5. 2012 Respectfully, Submitted, 1 D E . ADCLI , QUIRE (S ourt ID No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff(aD-comcast.net Phone: (717) 737-0100 0 Fax: (717) 975-0697 Attorney for Petitioner, Amy S. Reese Diane G. Radcliff, Esquire Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff(c-D-comcast.net Attorney for Amy S. Reese IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, :NO. 06-2716 CIVIL TERM now by resumption of maiden name, AMY S. REESE Plaintiff CIVIL ACTION - LAW V. ADAM F. HOCKENBERRY, IN DIVORCE Defendant PETITION FOR ENFORCEMENT MARITAL AGREEMENT DATED JANUARY 26. 2010 AND NOW, this 5th day of April. 2012, Petitioner, Amy S. Reese, by her attorney, Diane G. Radcliff, Esquire, files the above referenced Petition and represents that: 1. Petitioner and Respondent are formerly husband and wife having been married on February 14, 2004 and divorced by decree dated February 11, 2010. 2. As part of the dissolution of their marriage, the parties entered into a Marital Agreement dated January 26, 2010. A true and correct dopy of the January 26, 2010 Marital Agreement is attached hereto, marked Petitioner's Exhibit "A" and made a part hereof, 1 and is hereafter referred to as the 1/26/10 Marital Agreement. 3. In paragraph 2.02 (G), pages 10-11 of the 1/25/10 Marital Agreement, the parties agreed to an equal division of the marital debts to be paid from the proceeds received from the sale of the marital home. Said marital debts included the following: a. FBN Omaha credit card account; b. USAA credit card account; C. Lowe's credit card account; d. Members 1St credit card account. 4. In Paragraph 2.02(1), page 12 of the 1/25/10 Marital Agreement the parties agreed that Husband would pay the loan made to Husband by Wife's father for the registration of one of the tractor trailer trucks in the amount of $1,665.88 on or before December 31, 2010. 5. When the parties entered into the Marital Agreement, the parties envisioned that the proceeds from the sale of the real estate would be sufficient to pay the aforesaid debts referenced in paragraph 4 above in full. However, as it turned out the said proceeds were not sufficient to pay said debts. 6. Respondent has breached the 1/25/12 Agreement in that: a. He failed to pay his one-half share of the marital debts set forth in paragraph 4 above as required by paragraph 2.02(G) of the 1/25/10 Marital Agreement. b. He failed to pay the $1,665.88 loan made to him from Wife's father set forth in paragraph 5 above as required by paragraph 2.02(1) of the 1/25/10 Marital Agreement 7. On numerous occasions, Petitioner has demanded that Respondent comply with the aforesaid provisions of the 1/25/10 Marital Agreement, and despite said demands, Respondent has failed or refused and continue3s to fail and refuse to comply with those provisions. 8. Plaintiff has incurred attorneys fees in bringing this action and as authorized and agreed to in paragraph 1.15 petitioner is entitled to reimbursement for all attorneys fees and costs she has incurred as a result of this breach and claim is made therefore. 2 WHEREFORE, based on the foregoing, Respondent respectfully requests this Honorable Court to enter an Order: A. Requiring the Respondentto pay one-half the outstanding balance on the following marital debts: 1. FBN Omaha credit card account; 2. USAA credit card account; 3. Lowe's credit card account; 4. Members Vt credit card account. B. Requiring the Respondent to pay 100% of the loan made to Husband by Wife's father for the registration of one of the tractor trailer trucks in the amount of $1,665.88. C. Requiring the Respondent to pay for all reasonable attorneys fees and costs incurred by Petitioner in bringing this Petition D. For such other relief as the Court may deem appropriate arising out of Respondent's failure to comply with the terms of the parties' Marital Agreement. Dated: (I C?,? 2-0 IZ Respectfully submitted, IAN RA ESQUIR upreme Court ID #32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Amy S. Reese, Petitioner 3 WHEREFORE, based on the foregoing, Respondent respectfully requests this Honorable Court to enter an Order: A. Requiring Defendant to refinance the truck loans or sell the trucks as set forth in paragraph 2.02(C) of the 1/25/10 Marital Agreement, if Wife is or remains liable under any of the truck loans B. Requiring the Respondentto pay one-half the outstanding balance on the following marital debts: 1. FBN Omaha credit card account; 2. USAA credit card account; 3. Lowe's credit card account; 4. Members 1St credit card account. B. Requiring the Respondent to pay 100% of the loan made to Husband by Wife's father for the registration of one of the tractor trailer trucks in the amount of $1,665.88. C. Requiring the Respondent to pay for all reasonable attorneys fees and costs incurred by Petitioner in bringing this Petition D. For such other relief as the Court may deem appropriate arising out of Respondent's failure to comply with the terms of the parties' Marital Agreement. Dated: > ?2--. Respectfully submitted, E . RAD , ESQUIRE upreme Court ID #32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Amy S. Reese, Petitioner 4 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on April 5, 2012, 1 served a copy of the foregoing pleading upon the following person by mailing same by first class mail, postage prepaid, addressed as follows: Adam F. Hockenberry 13 Dallas Drive Grantville, PA 17028 (Respondent, Pro Se) r Dated: ` `3 b G. AD64 IRJF, ESQUIRE upreme ourt ID #32112 61 3 rindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Amy S. Reese 6 03/29/2012 THU 12:17 FAX 7179750697 VERIFICATION 0002/002 1, Amy S. Reese, verify that the statements made in this Petition are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. , 6-K RE Date: March 29, 2012 4 EXHIBIT "A" JANUARY 26, 2010 MARITAL AGREEMENT E) MMAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, Plaintiff v. ADAM F. HOCKENBERRY, Defendant NO. 06-2716 CIVIL ACTION - LAW DIVORCE N `w pi c7 1 N l 7 -r C:7 `; MARITAL AGREEMENT BETWEEN ADAM F. HOCKENBERRY AND AMY S. REESE INTRODUCTION THIS AGREEMENT made this _ O e day of , by and between Amy S. Reese (formerly Amy S. Hocken erry, ("Wife") of 1571 Waggoners Gap Road, Carlisle, PA 17013, and Adam F. Hockenberry, ("Husband") of 3658 Waggoners Gap Road, Carlisle, PA 17015 WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on February 14, 2004 in Hawaii; and WHEREAS, the parties initially separated on March 28, 2006, after which they entered into a Marital Agreement dated April 24, 2006, filed of record in the above referenced divorce action; and WHEREAS, the parties subsequently and finally separated on August 18, 2009; and WHEREAS, there were no children born of this marriage. WHEREAS, diverse and unhappy 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 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 premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. 1.03. EFFECT OF DIVORCE DECREE INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as wet[ as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shalt continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. PRIOR MARITAL AGREEMENT. The parties do hereby ratify and reaffirm the terms of their Marital Agreement dated April 24, 2006, incorporated by reference hereto, except and only to the extent specifically modified by the terms of this Marital Agreement. 1.05. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.06. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that -2- he accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to him by said counsel. 1.07. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.08. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have alt such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.09. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shalt have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.10. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for alt time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain -3- from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: 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. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.11. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.12. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. -4- 1. 13. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.14. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.15. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages and Attorneys Fees and Costs: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach. C. Other Remedies: Any other remedies provided for in law or in equity D. Considerations for Reasonable Attorney Fees: Any award of "reasonable attorneys fees" as used in this paragraph shalt be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any -5- nature for enforcement of this Agreement. 1.16. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.17. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It -6- is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: Except as set forth below, all items of personal property in the possession of Wife, and any items previously distributed to Wife pursuant to the terms of the 4/24/06 Marital Agreement. 2. To Husband: Except as set forth below, all items of personal property in the possession of Husband, not otherwise distributed to Wife herein, and the items of personal property previously distributed to Husband pursuant to the terms of the 4/24/06 Marital Agreement. 3. House Items: The dishwasher, refrigerator, range and gas grill are to be sold as part of the sale of the Real Estate referenced below. 4. Dogs: Wife shall retain the two mixed Pit Bulls, "Hooptie" and "Dubbs" and the Chihuahua, "Hula". Husband shall retain the Blue Heeler, "Pedro". B. Vehicle(sland Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: The 2008 Honda Element subject to, and under the sole obligation to pay, the Honda vehicle loan. If Husband has any liability or obligation for or under Honda Vehicle Loan, then within sixty (60) days of the date of this Marital Agreement, Wife shall refinance that loan into Wife's sole name so as to remove Husband from any and all -7- obligation and liability thereunder. 2. To Husband: The following vehicles and loans: (a) The 2004 Ford F-350 subject to, and under the sole obligation to pay, the Ford Vehicle Loan, if any. If Wife has any liability or obligation for or under the Ford Vehicle Loan, then within sixty (60) days of the date of this Marital Agreement, Husband shall refinance that loan into Husband's sole name so as to remove Wife from any and all obligation and liability thereunder. (b) The 2007 Victory Jackpot subject to, and under the sole obligation to pay, the Victory Vehicle Loan, if any. If Wife has any liability or obligation for or under the Victory Vehicle Loan, then within sixty (60) days of the date of this Marital Agreement, Husband shall refinance that loan into Husband's sole name so as to remove Wife from any and all obligation and liability thereunder. (c) The 2003 Freightliner subject to, and under the sole obligation to pay, the Freightliner Vehicle Loan, if any. If Wife has any liability or obligation for or under the Freightliner Vehicle Loan, then within 30 days following the date Husband files his Federal Income Tax Return for 2009, but in no event any later than May 15, 2010, Husband shall refinance that loan into Husband's sole name so as to remove Wife from any and all obligation and liability thereunder. In the event Husband has not obtained the refinancing within the refinancing period aforesaid, then the 2003 Freightliner Truck shall be marketed for sale and sold for the best price obtainable, Husband agreeing to accept any reasonable offers to purchase based on the condition of the truck and the balance owed on the loan. Upon said sale all proceeds remaining after payment of the loan will be paid to Husband as his sole and separate property. If any balance remains on the loan upon sale, that loan balance shall be paid by Husband upon the sale. (d) The 2000 Mack Truck subject to, and under the sole obligation -8- to pay, the Mack Vehicle Loan, if any. If Wife has any liability or obligation for or under the Mack Vehicle Loan, then within 30 days following the date Husband files his Federal Income Tax Return for 2009, but in no event any later than May 15, 2010, Husband shall refinance that loan into Husband's sole name so as to remove Wife from any and all obligation and liability thereunder. In the event Husband has not obtained the refinancing within the refinancing period aforesaid, then the 2000 Mack Truck shall be marketed for sale and sold for the best price obtainable, Husband agreeing to accept any reasonable offers to purchase based on the condition of the truck and the balance owed on the loan. Upon said sale all proceeds remaining after payment of the loan will be paid to Husband as his sole and separate property. If any balance remains on the loan upon sale, that loan balance shall be paid by Husband upon the sate. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") previously have been and shalt be divided and distributed as follows: 1. To Wife: Any Accounts in Wife's sole name or held jointly by Wife and any third party. 2. To Husband: Any Accounts in Husband's sole name or held jointly by Husband and any third party. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None. -9- 2. To Husband: None. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: None not covered by the 4/24/06 Marital Agreement. 2. To Husband: None not covered by the 4/24/06 Marital Agreement. G. Real Estate: The real estate titled known and numbered as 3658 Waggoners Gap Road, Carlisle, PA 17015, ("the Real Estate"), and encumbered with a mortgage owed to the Bank of Landisburg, incurred jointly by the parties, having a balance of approximately $250,000 and requiring biweekly payments of approximately $900.00, ("the Mortgage"), shall be divided and distributed in accordance with the following: 1. Listing and Marketing: The Real Estate is currently listed for sale with Wolfe and Shearer at a listing price of $319,900.00. Until the Real Estate is sold, and settlement held, the parties shall continue to have the Real Estate listed for sale with that Realtor, or if they mutually agree, a different realtor agreeable to both of the parties. The parties shall hereafter market and sell the Real Estate at the best price obtainable. Absent mutual agreement, the parties shall follow all reasonable advice as to listing and sales price suggested by their real estate broker. 2. Distribution of Proceeds: Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of all normal and reasonable settlement costs, shall be applied to the payment of the following, listed in order of priority of payment: (a) Outstanding Real Estate taxes, (current past due balance $6,732.65); (b) Outstanding Mortgage, (current balance $248,500); (c) FBN Omaha credit card account, (current balance $15,000); -10- (d) USAA credit card account, (current balance $9,000); (e) Reimbursement to the real estate settlement agent for taxes paid by that agent arising out of the sale of the parties' previously owned real estate located at 130 Cedar Street, Carlisle, PA. (f) Lowe's credit card account, (current balance $1,800); (g) Member's 1S` credit card account, (current balance $5,000); (h) reimbursement to either party for amounts paid by that party on behalf of the other party for his or her obligations assumed in this Agreement; (i) $10,000, or if not enough funds, the remaining balance to Wife; (j) The then remaining balance shall then be divided equally between the parties; In the event Husband files for bankruptcy and discharges his liability to pay any obligations assumed hereunder, then the entire proceeds shall be paid to Wife subject only to the obligation to pay the amounts and creditors referenced in subparagraphs (a) through (e) above. 3. Payments: Pending the sale and settlement, Husband shall pay all expenses relating to the Real Estate, including, but not limited to, the insurance, utilities and the like. Pending the sale and settlement, Wife shall pay 1 /3 of the required mortgage payments, and Husband shall pay 2/3 of the required mortgage payments. 4. Taxes: Each party shall be responsible for the timely and prompt reporting of 50% of the gain or as the case may be the loss, derived from the sale of the Real Estate, if applicable, on his or her appropriate tax returns and shalt be liable for payment of any and all taxes resulting therefrom, or shall be entitled to any capital gains tax deductions resulting therefrom , including, but not limited to, capital gains taxes or losses or the equivalent, and shall indemnify, protect - 11 - and hold the other party harmless therefrom. H. Monetary Payment: None. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shalt be divided and distributed as follows: 1. To Wife: Pending the sale of the Real Estate and payment of the parties debts as referenced above, Wife shall pay the required minimum monthly payments on the following debts: (a) FBN Omaha credit card account, (current balance $15,000); (b) USAA credit card account, (current balance $9,000); (c) 1/3 of the Real Estate Mortgage payments Wife shall also be obligated to pay any other credit cards, loans, debts and liabilities incurred in Wife's individual name, and any other debt to be paid by Wife pursuant to the terms of this Marital Agreement. 2. To Husband: Pending the sale of the Real Estate and payment of the parties debts as referenced above, Husband shall pay the required minimum monthly payments on the following debts: (a) 2/3 of the Real Estate Mortgage payments; (b) Lowe's credit card account, (current balance $1,800); (c) Member's 1" credit card account, (current balance $5,000); Husband shall also be obligated to pay any other credit cards, loans, debts and liabilities incurred in Husband's individual name, the loan made to Husband by Wife's Father for the registration of one of the tractor trailer trucks in the amount of $1,655.88, and any other debt to be paid by Husband pursuant to the terms of this Marital Agreement. The loan from Wife's Father shall be paid on or before the sale of the Real Estate, but in no event any later than December 31, 2010. -12- 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shalt be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personalty Transfer: If either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shalt promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. -13- G. Debt Balances and Prior Payments: Any debt herein described shalt be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 1. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. No Further Joint Debt: From the date of this Agreement, each party shalt only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. L. Refinance: Except as specifically herein provided, and in the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as -14- to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. Except as hereafter provided, the parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. The foregoing notwithstanding, Husband shall pay any counsel fees and costs incurred by Wife after December 31, 2009 for her attorney to secure the entry of the divorce decree. 3.02. ALIMONY. APL. AND SUPPORT. The parties each waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. i#**####{##{*#****#*#####**#*ii##***i#i#i#iii*#*##i#**###*##{{##{***#*{##i*#*##*{**{{*#*i#i{###{{*i#*#**i#iii Rest of this Page Left Intentionally Blank. *##################***####**##########*#*#####****#######iii#####*#ii**##*#*i##*#*############***########### -15- IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) ADAM F. HO ENBERRY Date: 9,57,T. Al- ZorU k 2 - L Vl? (SEAL) AMY S. RE 4E Date: -?& . ( AA- ?ely -16- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the ? day of , 20-\-a, before me the undersigned officer, personally appeared, ADAM F. HO (ENBERRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. CfMMONWEALTH OF PENNSYLVANIA Notadet Seal N TARY P C Jan ft N. Grove, Notary Pubic SNvw$OngTvqi.,QrnbwtandCounty My Commission Expires: D\-(A6 c5ju My CafYlmisftn E)Ores Jan. 28.2012 Member, Pennsylvania Assoclatlon of Notarles COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. On this the ?&?day of -20/0 , before me the undersigned officer, personally appeared, AMvY S. REESE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. G?. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA No1;wW Sae! DsborM L Dm* Wary CWnP H1I Bo bf'+&t "'Y won E*hW 3GPt 23.2011 Member, PeninNvanp Asaodstlon of Nohrtes -17- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. HOCKENBERRY, now by resumption of maiden name, AMY S. REESE Plaintiff NO. 06-2716 CIVIL TERM V. CIVIL ACTION - LAW C-*) ADAM F. HOCKENBERRY, IN DIVORCE Mme; M -r; ,-' Defendant -<> t'o w ORDER OF COURT y' Re: Plaintiff's Petition for Enforcement of Marital Agreement ._, AND NOW, this day of r / 2012, upon consideration of the within Petition, IT IS HEREBY O DERED that: 1. A Rule is issued upon the Respondent, Adam F. Hockenberry, to show cause why the Petitioner, Amy S. Reese, is not entitled to the relief requested in the within Petition. 2. Respondent, Adam F. Hockenberry shall file and Answer to the Petition within-C20 days after service. 3. A hearing on the issues raised in the Petition is scheduled for the title day of Qgqu- , 20 12 , at 136 o'clock -m. in Courtroom r if the Cumberland County Courthouse, Carlisle, PA. BY THE COURT: JUDGE Distribution to: Attorney for Petitioner: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Respondent: Adam F. Hockenberry, 13 Dallas Drive, Grantville, PA 17028 P1? ..5 ",,(ed qlq l1,).- gK6 AMY S. HOCKENBERRY now by resumption of maiden name, AMY S. REESE, Plaintiff V. ADAM F. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2716 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Answer With New Matter To Petition To Enforce Marital Agreement filed in this matter. Respectfully submitted, BARIC SCHERER LLC Cl) cap' Esquire Michael Ae'Scherer x =' , Date: April 26, 2012 1. D. # 61974 19 West South Street -- N " Carlisle, Pennsylvania 17013 (717) 249-6873 Ei t1r1C Tt . M i. kdam F. Ho?*er3bec , v riiy that the statements m ade in. t, a for otng. Answer With New MatlerTo P ion T© Enforce f?a:?ita, Settlement Agreement are true and wrrect to the hest of my knowledge, intorrnation and belief. i hereby ra€ity the verfcatioo previousiy supplied by MY attorney. Michael A, Scherer. Esquire and execute tfi±s verification as a substttuted verification.. i understand that false sta:temems. herein are made subject to the penalties of 1:8 oa.C.S. §490,4 relating to unsworn fiatsitications. to authoritte?,% . Ada Ho&en 101 12 JU,' --4 Ph 12: 0`,v' IN THE COURT OF COMMON PLEAS OF CUMBERLA ?PLL I YL;; f NSYLVANIA PFNNSYLVANI AMY S. HOCKENBERRY, now by resumption of maiden name, AMY S. REESE Plaintiff V. ADAM F. HOCKENBERRY, Defendant NO. 06-2716 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Praecipe to Withdraw Plaintiffs Petition for Enforcement of Marital Agreement. To the Prothonotary of the Said Court: Please withdraw Plaintiff's Petition for Enforcement of Marital Agreement filed on April 5, 2012. The parties have resolved the issues raised in that Petition and no further action is required. Dated: j4 z-, _ Respectfully submitted, D_ DCLIFF, ESQUIRE reme rt ID #32112 3448 Trindle Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Plaintiff