HomeMy WebLinkAbout02-2944JEFFREY B. HUNT
Plaintiff,
VS.
TAMMI A. HUNT
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYI,VANIA
No. 02-2944
· CIVIL ACTION- AT LAW
· IN DIVORCE
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
JEFFREY B. HUNT
Plaintiff,
VS.
TAMMI A. HUNT
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - AT LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you, and a decree of divorce, or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plainti~. You may lose money or property or other fights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
l~ YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE Tm's PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
JEFFREY B. HUNT
VS.
TAMM] A. HUNT
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. C>~. - ,,2c?q~t
CIVIL ACTION- AT LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d)
OF THE DIVORCE CODE
The Plain~ Jeffrey B. Hunt, by and through his attorneys, The Law Offices of Patrick
Lauer, Jr., makes the following Complaint in Divorce:
COUNT I - NO-FAULT DIVORCE
1. The Plaint~ Jef~y B. Hunt, is an adult individual whose current address is 267
Lincoln SWeet, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant, Tammi A. Hunt is aa adult individual whose current address is 267
Lincoln Street, Carlisle, Cumberl~d County, Pennsylvania 17013.
3. The Parties have been bona fide residents of the Commonwealth of Peunsylvania for at
least six months immediately prior to the filing of this Complaint.
4. The Plaintiffand Defendant were married on January 23, 1999 in York, pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff and has been advised that counseling is available and that the Plaintiff may
have the fight to request that the court require the parties to participate in counseling.
8. This action is not collusive.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this
COUNT II - EQUITABLE DISTRIBUTION
9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by
reference as if set forth specifically below.
10. Plainti~requests the Court to equitably divide, distribute or assign the marital property
between the parties without regard to marital misconduct in such proportion as the Court deems just
after consideration of all relevant factors.
WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable
distribution of marital property pursuant to § 3502(a) of the Divorce Code.
12.
follows:
COUNT III - CUSTODY
11. Paragraphs one (1) through ten ( 1 O) are incorporated herein by reference as if set forth
spedfically below.
There are three (3) dependent children by this marriage or by formal adoption as
Garrett C. Hunt d.o.b lO/ll/95(adoptad)
Bishop L. Huntd.o.b. 06/06/99
Sebastian S. Hunt d.o.b. 04/26/01
13. The Plaintiff seeks primary physical custody, partial physical custody or visitation of all
children (bom) of this marriage as set forth in Paragraph Twelve (12).
14. The minor children are in the custody of the Plaintiff.
15. The Father of the children is the Plainti~ currently residing at the above referenced
address, Paragraph One (1).
16. The Mother of the children is the Defendant, currently residing at the above referenced
address, Paragraph Two (2).
17. During the past three years, the children have resided at the following address with th~
following persons:
Dates:
1/99 - present
267 Lincoln Street
Carlisle, PA 17013
Jeffi'ey B. Hunt
Tammi A. Hunt
18. Plaintiff resides with the following persons: No other persons.
19. Plainfiffhas not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
20. Plaintiff has no information of a custody proceeding concerning the children pending in
a court of this Commonwealth.
21. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
22. The best interests and welfare of the minor children will be served by granting the relief
requested, because:
a. Plaintiff can provide the children with adequate moral, emotional, and physical
surroundings as required to meet the children's needs;
b. Plaintiff is willing to continue custody of the children.
Plaintiff continues to exercise parental duties and enjoys the love and affection
of the children.
23. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children has been named as parties to this action.
WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any
settlement reached betwee~ the parties; or, in the event they are unable to reach a settlement, grant the
Plaintiff rights of physical custody md/or visitation.
Matthew J. E
2108 Market
~elman, Esquire
treet, Aztec Building
Camp i-rtl, Pennsylvania 17011-4706
IDg 72655 Tel. (717) 763-1800
JEFFREY B. HUNT
Plaintiff,
TAMMI A. HUNT
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.
: CIVIL ACTION- AT LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint are mae and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unswom
falsification to authorities.
Date:
Signature:
JEFFREY B. HUNT
PLAINTIFF :
V. :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-2944 CIVIL ACTION LAW
TAMMI A. HUNT
: IN CUSTODY
DEFENDANT
t
ORDER OF COURT
AND NOW, Tuesday, August 06, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, September 12, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday. Esa. ~,-,~...-
Custody Concihator ~)
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATI'ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
JEFFREY B. I4IYNT,
Plaintiff
VS.
TAMMI A. HUNT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 02-2944 CIVIL ACTION LAW
:
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this I I ~ day of O ,J~ ~ e.~ ,2002, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Jeffrey B. Hunt, and the Mother, Tammi A. Hunt, shall have shared legal
custody of Garrett C. Hunt, born October 11, 1995, Bishop L. Hunt, born June 6, 1999, and Sebastian
S. Hunt, born April 26, 2001. Each parent shall have an equal fight, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health, education and religion. Pursuant to
the terms of this paragraph each parent shall be entitled to all records and infoxmation pertaining to the
Children including, but not limited to, school and medical records and information.
2. Pending such time as the Mother obtains housing and further Order of Court or agreement of
the parties, the parties shall have physical custody of the Children in accordance with the following
schedule:
A. The Mother shall have custody of the Children every Sunday from 11:00 a.m. until 6:00
p.m.
B. The Mother shall have custody of the Children during every week on Monday, Wednesday
and Friday from after work until 8:00 p.m.
C. The Mother shall also have custody of the Children at additional times (to include
overnights when possible during regular or holiday periods of custody) as arranged by
agreement of the parties. The Father shall not unreasonably withhold his agreement to
schedule additional times under this provision.
D. The Father shall have custody of the Children at all times not otherwise specified for the
Mother in this Order.
ViN~.;/fl,~SNNSd
3. The parties shall share or altemate having custody of the Children on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall nm from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and
Segment B, which shall mn from Christmas Day at 12:00 noon through December 26 at
8:00 p.m. In even numbered years, the Father shall have custody of the Children during
Segment A and the Mother shall have custody during Segment B. In odd numbered
years, the Mother shall have custody of the Children during Segment A and the Father
shall have custody during Segment B.
B. THANKSGIVING/EASTER: The parties shall equally share having custody of
the Children on Thanksgiving Day and Easter Sunday, with the specific times to be
arranged by agreement.
C. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
4. The non-custodial parent shall be entitled to have reasonable and liberal telephone contact
with the Children.
5. In the event the Mother obtains a residence within 3 months of the date of this Order,
counsel for either party may contact the Conciliator to schedule an additional Conference to review the
custody arrangements.
6. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
cc: Matthew J. Eshelman, - Counsel for Father~ / ' ~
Hannah Herman-Snyder and Joan Carey, Esquire - Counsel for Mother
JEFFREY B. HUNT,
Plaintiff
VS.
TAMMI A. HUNT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 02-2944 CIVIL ACTION LAW
:
: IN CUSTODY
CUSTODY CONCIIJATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME
Garrett C. Hunt
Bishop L. Hunt
Sebastian S. Hunt
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
October 11, 1995 Father
June 6, 1999 Father
April 26, 2001 Father
2. A Conciliation Conference was held on September 24, 2002, with the following individuals
in attendance: The Father, Jeffrey B. Hunt, with his counsel, Matthew J. Eshelman, Esquire, and the
Mother, Tammi A. Hunt, with her counsel, Hannah Heiman-Snyder and Joan Carey, Esquire.
Date
3. The parties agreed to entry of an Order in the form as attached.
Dawn S. Sunday, Es~(re
Custody Conciliator
JEFFREY B. HUNT,
Plaintiff
VS.
TAMMI A. HUNT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 02-2944 CIVIL ACTION LAW
.
:
: IN CUSTODY
_ORDER OF COURT
AND NOW, this 12-' day of ksoxn,,d~
,2002, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
Order. 1. The prior Order of this Court dated October 11, 20(12 is vacated and replaced with this
2. The Father, Jeffrey B. Hunt, and the Mother, Tammi A. Hunt, shall have shared legal
custody of Garrett C. Hunt, bom October 11, 1995, Bishop L. Hunt, born June 6, 1999, and Sebastian
S. Hunt, born April 26, 2001. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health, education and religion. Pursuant to
the terms of this paragraph each parent shall be entitled to all records and information pertaining to the
Children including, but not limited to, school and medical records and information.
3. The parties shall share having physical custody of the Children on an alternating weekly
basis with the exchange to take place every Sunday at 6:00 p.m. The alternating weekly schedule shall
begin with the Mother having custody of the Children on Sunday, November 10, 2002. The Mother
shall transport Garrett to and from school during her weeks of custody. When the Father is working
during his weeks of custody and the Mother is available to provide care for the Children, the Mother
shall pick up Bishop and Sebastian at the Father's residence at 7:(}0 a.m. and shall pick up Garrett at
the end of the school day at Garrett's school. The Father shall be responsible to make arrangements
for Garrett to take the bus or other transportation to school during the Father's weeks of custody.
During his weeks, the Father shall pick up the Children after work at 6:00 p.m. at the Mother's
residence.
4. The parties shall share or alternate having custody of the Children on holidays in accordance
with the following schedule:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn
from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B,
which shall mn from Christmas Day at 12:00 noon through December 26 at 8:00 p.m. In even
numbered years, the Father shall have custody of the Children during Segment A and the
Mother shall have custody during Segment B. In odd numbered years, the Mother shall have
custody of the Children during Segment A and the Father shall have custody during Segment B.
B. THANKSGIVING: In every year, the Father shall have custody of the Children on
Thanksgiving Day from 8:00 a.m. until 4:00 p.m. and the Mother shall have custody from
Thanksgiving Day at 4:00 p.m. through the following Friday morning at 10:00 a.m. if the
Father is not working and until 6:00 p.m. if the Father is working.
C. EASTER: In every year, the Mother shall have custody of the Children from the Saturday
before Easter at 6:00 p.m. through Easter Sunday at 2:00 p.m. and the Father shall have custody
from Easter Sunday at 2:00 p.m. through Monday at 7:01) a.m. if the Father working or 10:00
a.m. if the Father is not working.
D..MEMORIAL DAY~ JULY 4TM LABOR D-''~ .....
~ ~: tne penoas oIcustod on ·
and Labor Day shall nm from 9'00 a ,,,,,n n aA .......... Y Memorial Day
July 4th shall nm from July 4th' ' · · P. · me noilaay period of custody on
at 9:00 a.m. through July 5th at a time to be arranged by
agreement of the parties. In even numbered years, the Mother shall have custody of the
Children on Memorial Day and Labor Day and the Father shall have custody over July 4th. In
odd numbered years, the Father shall have custody of the Children on Memorial Day and
Labor Day and the Mother shall have custody over July 4th.
E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children
every year on Mother's Day and the Father shall have custody of the Children every year on
Father's Day from 8:00 a.m. until 6:00 p.m.
F. The holiday custody schedule shall supersede and take precedence over the regular custody
schedule.
5. Each party shall be entitled to have custody of the Children for 2 consecutive weeks each
summer upon providing at least 30 days advance notice to the other party. The party providing notice
first shall be entitled to preference of his or her selection of vacation dates. The Father shall be entitled
to have custody of the Children for 1 additional overnight per year in addition to the other times
specified in this Order with the specific date and time to be arranged by agreement of the parties. The
Father shall not schedule the overnight period of custody during a holiday or vacation period without
the Mother's consent.
6. The Father shall provide all transportation for the weekly exchanges of custody of the
Children on Sunday. With the exception of Sunday exchanges or as otherwise provided in this Order,
the party receiving custody shall be responsible to provide transportation.
7. The parties agree that Garrett shall resume counseling with Shirley Makley for the purpose
of addressing concerns raised by the Child's teacher and the parties themselves and also to obtain
assistance and information concerning the Child's adjustment to the shared custody schedule.
8. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
9. After following the shared custody schedule for a period of at least 3 months, counsel for
either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if
necessary, to discuss the Children's adjustment to the shared custody arrangements and review the
schedule.
10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc..'/l~atthew J. Eshelman, - Counsel for Father
/~}oan Carey, Esquire - Counsel for Mother
BY THE COURT,
~~essA/~
JEFFREY B. HUNT,
Plaintiff
VS.
TAMMI A. HUNT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-2944 CIVIL ACTION LAW
: IN CUSTODY
PRIOR JUDGE: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
_NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Garrett C. Hunt October 11, 1995 Father
Bishop L. Hunt June 6, 1999 Father
Sebastian S. Hunt April 26, 2001 Father
2. A Conciliation Conference was held on November 5, 2002, with the following individuals
in attendance: The Father, Jeffrey B. Hunt, with his counsel, Matthew J. Eshelman, Esquire, and the
Mother, Tammi A. Hunt, with her counsel, Joan Carey, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date
Dawn S. Sunday, Esquire [
Custody Conciliator
JEFFREY B. HUNT
Plainfi~
¥$.
Defend,mt,
' IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-2944
CIVIL ACTION- AT LAW
IN DIVORCE
pRAE(NPE T(~ WITI:[DRAW APPEARANCe,
TO THE PROTHONOTARY:
Please withdraw the appearance of Law OtEces of Patrick F. Lauer, Jr., in the above-captioned
a~on.
Date:
Respectfully submitted,
IAw Offices ofPamck F Lauer, Jr.
2108 Market Street
Camp I-Ill[ Pennsylvania 17011
II~ 46430 Tel. (717) 737-1800
PRAE~IPE TO ENTF~R APPEARANCE
TO ~ PROTHONOTARY:
Date:
Please enter the appearance of Matthew J. Eshelman,
]~sq~re in the above-captioned action.
2109 Market Street
Camp Hill, Pennsylvarfia 17011-4706
II~ 72655 Tel. (717) 737-3405
__ E A ,~I _ PENNSBOKQ _ ~D_ _W~S_H_ ! _P_
VS.
JOSHUA & JILL M. NAVARETTE
In the Court of Common 'Pleas of
Cumberland County, Pennsylvania
Judgmentin favor of Plainfiffon .....................
617.32
................................ for $ ........
No ......... 03-2944MLD Terrn, 2003
Entered JUNE 23, 2003
EAST PENNSBORO TOWNSHIP
................................................................................................... Plaintiff
in the above Judgmcnt, do appear and acknowledge that ON this day have had and received and
from JOSHUA & JILL M. NAVARETTE
the defendant in the above Judgment, full payment and saisfaction of thc same, with interest and costs, and desired that
satisfaction therefore shall be entered upon the records thereof.
And further, I do hereby authorize and empower .... IIIIRTTS ~._ J~O~G
.................... theProthonotary of said Court, to appear FOR ME
and in MY name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all
intents and purposes, as I could were I personally present in person to do so. And for so doing this shall be
your sufficient warrant of author/ty.
In testimony whereof, I have hereunto set our hands and seals this ......
........................................ ' .... {Seal)
ROBERT L GILL
.............................................. (Seal)
State of Pennsylvania '[ ................ 7 ............................. (Seat)
County of Gumberland,
Personally appeared before me, the subscriber, ROBERT L. GILL, MANAGER OF EAST PENNSBORO TOWNSHIP
........................................................................... ' .............. the Plaintiff in the
above Judg'ment, and in due form of law acknowledged the w/thin and foregoing Power of Attorney to sat~fy the Judg-
ment set forth, to be HlSact and deed, and desired that t.t~e saam shall be filed of record in the office of the Prothon-
otary of the Court of Common Pleas of said County.
In testimony whereof~ I have hereunto set my hand and seal this 1ST
day of OCTOBER 2003
.............................................. A.D.
| HELEN M, GRIFFITH, Notary PublW I ............. ~,o --
(s~i)
I Em pe~r'dao~o lye. Cum,~rlan~Co. /
~ MY Oommlalon Expires &o~i~ ~8, ~o4 j ..............................................
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY B. HUNT,
Plaintiff
TAMMI A. HUNT,
Defendant
No. 2002 - 2944 Civil Term
CIVIL ACTION - LAW
(In Divorce)
ACCEPTANCE OF SERVICE.
I, Tammi A. Hunt, Defendant in the above-captioned matter, hereby accept service of
the Complaint in Divorce, which was filed on June 19, 2002.
Dated: June 29, 2002
Tammi A. Hunt, Defendant
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
JUL ].~
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Slreet
Carlisle, PA
IN THE COURT OF COMiMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY B. HUNT,
Plaintiff
TAMMI A. HUNT,
Defendant
No. 2002 - 2944 Civil Term
CiViL ACTION - LAW
(In Divorce)
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT is made this j~ day of ~e~(~, 2004, BY
and BETWEEN Jeffrey B. Hunt of 1748-E Yorktown Drive, York, York County,
Pennsylvania, hereinafter referred to as Husband,
A
N
D
Tammi A. Hunt of 361-F East Maple Street, Dallastown, York County, Pennsylvania,
hereinafter referred to as Wife.
RECITALS
R. 1: The parties hereto are Husband and Wife, having been joined in marriage on
January 23, 1999, in York County, Pennsylvania; and[
R.2: Differences have arisen between the parties, in consequence of which they
have lived separate and apart since on or about June 1,2002; and
R.3: The parties have resolved that it is not possible to continue the marital
relationship between them for reasons known to them, in consequence of which they are
living separate and apart; and
Page 1 of 12
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Streel
Carlisle, PA
R.4: It is the desire and intention of the parties, after long and careful
consideration, to amicably adjust, compromise and[ settle all property rights, and all rights
in, to or against the property or estate of the other, including property heretofore or
subsequently acquired by either party, and to set~:le all disputes existing between them,
including any claims or rights that they may have under the provisions of the Pennsylvania
Divorce Code, as amended; and
R.5: The parties also desire to settle their issues of counsel fees and costs, and the
settling of any and all claims and possible clai:ms against the other or against their
respective estates; and
R.6: The parties desire to resolve all claims pending between them, including the
settlement of all of their respective property rights and other rights growing out of their
marriage relationship including, but not limited to, all matters between them relating to the
ownership of real and personal property, claims tbr spousal support, alimony, alimony
pendente lite, counsel fees and costs; and
R.7: Husband and Wife declare that each has had a full and fair opportunity to
obtain independent legal advice of counsel of their selection; that Husband has been
independently represented by Saidis, Shuff, Flower and Lindsay, and that Wife, cognizant
of her right to obtain legal representation, declares; that it is her express, voluntary and
knowing intention not to avail herself of her right to counsel and chooses instead to
represent herself with respect to the preparation and execution of this Agreement; and
Page 2 of 12
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
R.8: Both Husband and Wife each covenant that they have made full and
complete disclosure to the other of his and her respective property holdings and income;
and
R.9: Each party has had an opportunity to verify the financial disclosure of the
other. Discovery, if any, has been conducted to the satisfaction of each party. Each party
has had the opportunity to investigate further the financial disclosure of the other, and has
had access to any desired books and/or records to investigate further. Each party had an
opportunity to do an independent valuation of the assets, liabilities and income of the other
party. To the extent either party decided not to pursue further discovery and investigation,
he or she did so voluntarily and specifically waives the right to challenge this Agreement
based on the absence of full and fair disclosure.
NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by
reference and deemed an essential part hereof and in consideration of the covenants and
promises hereinafter to be mutually kept and performed by each party, as well as for other
good and valuable consideration, receipt of which is hereby acknowledged, and the parties,
intending to be legally bound, hereby agree as follows:
(1) SEPARATION: It shall be lawfhl for each party at all times hereafter
to live separate and apart from the other party at such place or places as he or she from time
to time may choose or deem fit, free from any conic, roi, restraint or interference from the
other. Neither party will molest the other or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceeding. Neither party shall disparage or
discredit the other in any way, nor in any way injure his or her reputation; nor shall either of
them act or p~C'l:nit anyone else to act in any way whic]h might tend to create any disaffection
JBH,~--~'~'' Page3 of 12 TAHc~
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
or disloyalty or disrespect between the members of the family of either party. Each party
shall be free of the interference, authority or contact by the other as if he or she was single
and unmarried except as maybe necessary to carry out the terms of this Agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably
broken and that they will secure a mutual consent no-fault divorce decree. Simultaneous
with the execution of this Agreement, the parties agree to execute and file the Affidavits of
Consent and Waiver of Notice Forms necessary to finalize said divorce.
If either party fails or refuses to execute and file the foregoing documents, said
failure or refusal shall be considered a material breach of this Agreement and shall entitle
the other party at his or her option to terminate this Agreement.
(3) REAL PROPERTY: The parties do not own any real property.
(4) DEBT: Each of the parties hereto covenants and agrees that he or she has
not in the past and will not at any time in the future incur or contract any debt, charge or
liability for which the other of them, their legal representatives, or their property or estate
may become liable; and each of them further coven~ants at all times to keep the other free
harmless and indemnified of and from all debts, charges and liabilities hereafter or
heretofore contracted by them, except as hereinafter provided.
A. MARITAL DEBT: Other than those debts enumerated within,
Husband and Wife acknowledge and agree that there are no other
outstanding debts and obligations which are marital or for which the
other might be liable incurred prior to the signing of this Agreement.
B: POST SEPARATION DEBT: In the event that either party
contracted or incurred any debt since the date of separation on June
1, 2002, the party who incurred said debt shall be responsible for the
payment thereof regardless of the name in which the debt may have
been incurred.
Page 4 of 12 TAh~/~
JBH~
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
C:
FUTURE DEBT: From the date of this agreement neither party
shall contract or incur any debt or liability for which the other party
or his or her property or estate might be responsible and shall
indemnify and save the other party harmless from any and all claims
or demands made against him or her by reason of debts or obligations
incurred by the other party.
(5) MOTOR VEHICLES: The parties acknowledge that Wife,
individually, holds title to a 1985 Toyota Tercel. Husband hereby relinquishes any right,
title or interest he may have in and to the 1985 Toyota Tercel. Wife shall acquire and
maintain separate insurance on the Tercel. Wife specifically agrees to assume full
responsibility for and pay in due course, any encumbrance on Wife's Toyota Tercel. Wife
shall hold Husband harmless and indemnify Husband from any loss thereon.
The parties further acknowledge that Husband, individually, holds title to a 1992
Chevrolet Lumina. Wife hereby relinquishes any right, title or interest he may have in and
to the Lumina. Husband shall acquire and maintain separate insurance on the Lumina.
Husband specifically agrees to assume full responsibility for and pay in due course, any
encumbrance on Husband's Lumina. Husband shall hold Wife harmless and indemnify
Husband from any loss thereon.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually
agree that they have effected a satisfactory division of the furniture, household furnishings,
appliances, tools and other household personal property between them, and they mutually
agree that each party shall from and after the date hereof be the sole and separate owner of
all such p~p~e~y~pr~es~ently in his or her possession whether said property was heretofore
JBH.J~ ' Page 5 of 12 TAH~t~L
SAIDIS
SHLIFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
owned jointly or individually by the parties hereto. This Agreement shall have the effect of
an assignment or bill of sale from each party to the other for such property as may be in the
individual possession of the parties hereto.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereto
hereby relinquishes any right, title or interest he or she may have in or to any intangible
personal property currently titled in the name of or :in the possession of the other party,
including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement
accounts, employment benefits, including retirement accounts, savings plans, pension plans,
stock plans, 401K plans, and the like.
Wife acknowledges that the marital property of the parties includes any marital
portion of Husband's Employee Stock Ownership Plan (ESOP) through his employment
with D & H Distributing. The approximate value of Husband's ESOP with D & H
Distributing as of April 27, 2002 was Eighteen Thousand Two Hundred Sixty-Two and
39/100 ($18,262.39) Dollars, of which Fourteen Thousand Six Hundred Nine and 91/100
($14,609.91) Dollars was vested. See Account Statement dated April 27, 2002, attached
hereto as Exhibit "A" and incorporated herein by reference. Wife further acknowledges
that she has been informed of her right to obtain an independent appraisal of Husband's
retirement, and any marital interest therein, and, notwithstanding same, Wife hereby forever
waives and relinquishes any right, title, interest or c][aim she might otherwise have in and to
Husband's aforesaid retirement plan through D & H Distributing.
Page 6 of 12
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
(8) WAIVER of ALIMONY: The parties acknowledge that each has income
and assets satisfactory to meet his and her own reasonable needs. Each party waives any
claim he or she may have, one against the other, tbr alimony, spousal support or alimony
pendente lite.
(9) ATTORNEY'S FEES: Except as otherwise provided herein, each of
the parties waives the right to receive a payment for counsel fees from the other, and each
shall be responsible for his or her own counsel fees, costs and expenses, if such fees or
expenses are incurred.
(10) ADVICE of COUNSEL: The parties hereto acknowledge and declare
that each has had a full and fair opportunity to obtain independent legal advice of counsel of
their selection; that Husband has been independently represented by Lindsay Gingrich
Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Wife, cognizant of her right
to legal representation, declares that it is her express, voluntary and knowing intention not
to avail herself of her right to counsel and chooses instead to represent herself with respect
to the preparation and execution of this agreement.
Each party acknowledges and accepts that this agreement is, under the
circumstances, fair and equitable, and that it is being entered into freely and voluntarily
after having received such advice and with such knowledge as each has sought from
counsel, and the execution of this agreement is not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements.
Page 7 of 12
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
(11) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided,
each of the parties shall from time to time, at the request of the other, execute, acknowledge
and deliver to the other party, within five (5) days of any request to do so, any and ali
further instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
(12) INCOME TAX: The parties hereto agree to file separate income tax
returns for all ongoing years, specifically including 2004 and 2005.
(13) 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 [)arty 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, including alimony, shall be subject to court determination the same as if this
Agreement had never been entered into.
(14) COMPLETE DISCLOSURE:
The parties do hereby warrant,
represent, acknowledge and agree that each is fully and completely informed of, and is
familiar with, the wealth, real and personal property., estate and assets, earnings and income
of the other and has made any inquiry he or she desires into the income or estate of the other
and received any such information requested. Each has made a full and complete disclosure
to the other of his and her entire assets, liabilities, income and expenses and any further
enumeration or statement thereof in this Agreement ils specifically waived.
Page 8 of 12
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
(15) WAIVER of APPRAISALS: The parties acknowledge that they are
aware of their respective rights pursuant to the Pem~sylvania Divome Code to obtain formal
valuations or appraisals of the real estate, the personal property, the vehicles, retirement
accounts and businesses, some or all of which were acquired during the marriage and
therefore constitute marital property. However, the parties have determined that they will
not undertake the expense to have these items appraised and/or valuated, and that the
division of property as set forth in this agreement, represents a fair and equitable
distribution.
(16) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that
each of them has read and understand his and her rights and responsibilities under this
Agreement and that they have executed this Agreement under no compulsion to do so but as
a voluntary act.
(17) FULL SETTLEMENT: Except as herein otherwise provided, each
party hereby releases the other from any and all claims, or demands up to the date of
execution hereof. It is further specifically understood and agreed by and between the
parties hereto that each party accepts the provisic,ns herein made in lieu of and in full
settlement and satisfaction of any and all of said party's rights against the other for past,
present and future claims on account of spousal support, maintenance, alimony, alimony
pendente lite, counsel fees, costs and expenses, equitable distribution of marital property
and any other claims of the party, including all cla]ims which have been raised or may be
raised in an action for divome.
Page 9 of 12
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Street
Carlisle, PA
(18) RELEASE of ALL CLAIMS: Except as otherwise provided herein,
each party releases and discharges completely and forever the other from any and all right,
title, interest or claim of past, present or future spousal support, division of property,
including income of gain from property hereaf[er accruing, right of dower or curtesy, the
right to act as administrator or executor of the estate of the other, the right to a distributive
share of the other's estate, any right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of their marriage
relationship, or otherwise, whether the same are conferred by statutory or common law of
the Commonwealth of Pennsylvania, or any other sllate, or of the statutory or common law
of the United States of America. Except as provided herein, the parties specifically waive
any and all rights that they may have to equitable distribution of marital property and/or
alimony and counsel fees, except those counsel fees sought in the event of a breach of this
Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act
26 of 1980 or any amendment thereto.
It is further specifically understood and agreed by and between the parties hereto,
that each party accepts the provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said parties' rights against the other for any past, present and
future claims on account of spousal support; maintenance; alimony; alimonypendente lite;
counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in
the event of a breach of this Agreement; equitable distribution of marital property and any
other claims of each party, including all claims raised by them in the Divorce action to be
filed between the parties.
Page 10 of 12
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
(19) SEPARABILITY of PROVISIONS: If any term, condition, clause
or provision of this agreement shall be determined or declared to be void or invalid in law
or otherwise, then only that term, condition, clause or provision shall be stricken from this
Agreement and in all other respects this agreemen~I shall continue in full force, effect and
operation.
(20) GOVERNING LAW: All matters affecting the interpretation of this
Agreement and the rights of the parties hereto shall be governed by the laws of the
Commonwealth of Pennsylvania.
(21) INCORPORATION into DIVORCE DECREE: The Parties agree that
this Agreement shall continue in full force and effi.~ct after such time as a final Decree in
Divorce may be entered with respect to the parties. Upon entry of the Decree, the
provisions of this Agreement shall be incorporated by reference or in substance, but they
shall not be deemed merged into such Decree. The Agreement shall survive any such
Decree in Divorce, shall be independent thereof, and the parties intend that all obligations
contained in this Agreement shall retain their contractual nature in any enforcement
proceedings, whether enforcement is sought in an action on the contract itself at law or in
equity, or in any enforcement action filed to the Divorce Caption.
(22) BREACH: In the event that either party breaches any provision of this
Agreement, he or she shall be responsible for any and all costs incurred to enforce the
Agreement, including, but not limited to, court cost and counsel fees of the other party. In
the event of breach, the other party shall have the right, at his or her election; to sue for
damages for such breach or to seek such other and additional remedies as may be available
to him or
JBH
_/~_/~ Page 11 of 12
T~
SAIDIS
SHHFF, FLOWER
& LINDSAY
26W. High Street
Carlisle, PA
(23) ENTIRE UNDERSTANDING: This Agreement constitutes the entire
understanding between the parties and there are no covenants, conditions, representations,
or agreements, oral or written, of any nature whatsoever, other than those herein contained.
(24) AGREEMENT BINDING on PARTIES and HEIRS: It is understood
and agreed that not only the parties hereto, but also their heirs, administrators, executors and
assigns, shall be bound by all the terms, conditions and clauses of this Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals to this Agreement the day and year first
above written.
WITNESS:
Exhibit "A"
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY B. HUNT,
Plaintiff
TAMMI A. HUNT,
Defendant
No. 2002 - 2944 Civil Term
CIVIL ACTION - LAW
(In Divorce)
AFFIDAVIT OF CONSENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 19, 2002.
The marriage of Plaintiff and Defendant is irretrievably broken and at least ninety
(90) days have elapsed from the date of filing and service of the Complaint.
I consent to the entry of a final Decree in Divorce after service of the Notice of
Intention to Request Entry of a Divorce Decree.
I verify that the statements made in this Affidavit are tree and correct to the best of my
knowledge, information, and belief. I understand, that false statements herein are made
subject to the penalties of 18 Pa. C.S., Section 4!)04 relating to unsworn falsification to
authorities. ~ t J
Date:~~ ~~f~ --
<~Lfl~:I;:L:~rB. HUNT, Plaintiff
Sw/~rto and sub~6ri~_~d/before me this
~ d~gyc f /Ae..~/a~x.~ , 2004.
/
N~i~
S~ J. E~ing~ No~ Public
C~p Hill B~ C~d
~y ~ommi~sion E~p~e~ ~ct.
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Street
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY B. HUNT,
Plaintiff
TAMMI A. HUNT,
Defendant
No. 2002 - 2944 Civil Term
CiVIL ACTION - LAW
(In Divorce)
AFFIDAVIT OF CONSENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 19, 2002.
The marriage of Plaintiff and Defendant is irretrievably broken and at least ninety
(90) days have elapsed from the date of filing and service of the Complaint.
I consent to the entry of a final Decree in Divorce after service of the Notice of
Intention to Request Entry of a Divorce Decree.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information, and belief. 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.
Date: ~ -~ ~)"~'~ ~~~~~
TAM~II A. HUNT, I~e~en~dant
~w,o~ip to and sk0cscribed before me this
~day of (~/~/~ ,~ ,2004.
C0MMONWEAL'~ H OF PENNSYLVANIA
NO TARIA[ SEAL
KIMBERLY L KEE SEY Notary Public
Red Lion Boro York Cour~ty
Cam ission Expires Nov. 4, 2007
SAIDIS
SHIJFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY B. HUNT,
Plaintiff
TAMMI A. HUNT,
Defendant
No. 2002 - 2944 Civil Term
CIVIL ACTION - LAW
(In Divorce)
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a Divorce is granted.
I understand that I will not be divorced until a Divorce Decree is entered by the
Court and I further understand 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 to the best of my
knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Date:
/ '/ ./ /
~L~[EY~. HUNT, Plaintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY B. HUNT,
Plaintiff
V.
TAMMI A. HUNT,
Defendant
No. 2002 - 2944 Civil Term
CiVIL ACTION - LAW
(In Divorce)
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a Divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and I further understand 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 to the best of my
knowledge, information, and belief. I understand[ that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities.
Date: ~_' ~)O-~)~. ~/~~~~
TAMMI A. HUNT, Defendant
COMNIONW~ALI~'~ OF PENNSYLVANIA
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY B. HUNT,
Plaintiff
TAMMI A. HUNT,
Defendant
No. 2002 - 2944 Civil Term
CIVIL ACTION - LAW
(In Divorce)
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the Record, together with the following information, to the Court for
entry of a Decree in Divorce:
Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
Date and manner of service of the Complaint: Defendant accepted service by
signing an Acceptance of Service on June 19, 2002. The Acceptance of Service is
docketed at the above-captioned term and number, verifying same.
As required by Section 3301(c) of the Divorce Code, both Plaintiff executed his
Affidavit of Consent on September 1, 2004 and Defendant executed her Affidavit of
Consent on August 30, 2004. Both Affidavits were filed on September 2, 2004.
4. Related claims pending: None.
Plaintiff executed his Waiver of Notice under Section 3301(c) of the Divorce Code
on September 1, 2004 and Defendant executed her Waiver on August 30, 2004.
Both Waivers were filed on September 2, 2004.
Respectfully Submitted,
SAII~IS, SHUFF, FL
J/fCsa~, Gip~'l~ M~lay,-Ft~51~fl:e I
'--~'Atfomey I.D. No. 87954 v I
26 West High Street
Carlisle, Pennsylvania 17013
(7]L7) 243-6222
Attorneys for Plaintiff
IN THE COURT Of COiVIMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JEFFREY B. HUNT,
Plaintiff
VERSUS
TAMMI A. HUNT,
Defendant
NO. 2002 - 2944
(C~'~il Term)
DECREE IN
DIVORCE
AND NOW,
DECREED THAT Jeffrey B. Hunt
2004 , It I$ ORDERED AND
, PLAINTIFF,
AND Tammi A. Hunt
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED Of RECORD IN THIS ACTION FOR WH;ICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; None.
The parties' Property Settlement and Separation Aqreement dated
September 1, 200~, is herein incorpoaated, but not merged.
A~/..BY THE COURT:
PROTHONOTARY