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HomeMy WebLinkAbout94-01778 . ) j<.- . ;;JJ"~~ ~, \, , J THE LAW OFFICES OF PATRICK F. LAUER, JR. 2108 MABKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 (717) 768-1800 FAX (717) 7~7 1.800-822+LAW ll32 N. B--d B~ HarriIIburr. PA 17102 (n7) 282-7747 ~--u.t~ CouIIlIel v.ttbew J, F...-....". ElIq, 8 B. IJaDovao B~ CarIiIIe, PA 17018 (717) 24lHlII71 (BePb' to Camp BDl~) August 31, 1998 Cumberland County Courthouse Attn: The Honorable Kevin Hess One Courthouse Square Carlisle, PA 17013 Re: Hempt vs. Hempt Docket No.: 1778 Civil 1994 Dear Judge Hess: You may recall that a custody hearing had been scheduled for August 18, 1998. Counsel in this matter had asked that you continue the hearing generally pending an attempted resolution to be worked out with mediation with Dr. Stanley Schneider. The Hempts have met with Dr. Schneider on the August 26. Dr. Schneider feels that they have made some progress towards reaching a stipulation. He asked that they return on September 15, 1998 to continue the mediation process. On behalf of Attorney Cognetti and myself, I ask that you hold off on taking any action in the matter for now to allow Dr. Schneider to complete the mediation process. In the meantime, if you have any questions or concerns, please do not hesitate to contact either Attorney Cognetti or myself. Sincerely yours, -r}1(/itIIlU4[bA/;l;;u,~ 1J1,,,ji& Matthew ~Eshelman, Esq. MJE/tls cc: file Maria Cognetti Michael Hempt , ~ MICHAEL A. HEMPT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CONNEE L. HEMPT, Defendant 94-1778 CIVIL TERM IN RE: CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 17th day of April, 1998, upon agreement of the parties, it is hereby ordered and directed as follows: 1. This Court's prior orders dated December 6th, 1997, and November 12th, 1997, are vacated. 2. The father, Michael A. Hempt, and the mother, Connee L. Hempt, shall continue to enjoy shared legal custody of Corrine D. Hempt, born February 22, 1982, Julie L, Hempt, born May 25, 1984, Erin M, Hempt and Michael A, Hempt, Jr., (twins) born August 28, 1986. The parties each are specifically permitted to access the records of any medical care provider to these children. 3, The mother shall have primary physical custody of the children. 4. Toward the end of summer of 1998, the parties shall submit the twins for a custody evaluation to be performed by Stanley Schneider, Ph.D., who was selected by mutual agreement of the parties. The purpose of the evaluation shall be to assess the advisability of a transfer of primary custody and to assess what course of action may be in the best interest of the children. The focus of the evaluation shall be on the children, with the parties participating only to the extent ALEO-or-ACE 0:= TH:: ,r~iHr:~'!OTft.RY 98 APR 29 AH 8: 06 cu..,''''' " y" '. 'TV r.IC::.:.h;.';\l~I'" L.,...IUI\O PEi\liiS'(1.\/.t:'j~r.. .- ~ . required by the evaluator. The parties shall cooperate with each other and the evaluator in scheduling the children for evaluation sessions. The parties shall share all costs of the evaluation equally. Costs of calling Dr. Schneider to testify in the event a hearing becomes necessary shall be born by the party calling him, 5. The father shall continue to have custody of the children during three weekends per month from Friday at 5:00 p.m, until Saturday at 5:00 p.m, The specific dates for weekend custody shall be arranged by the parties with the father providing reasonable notice as to when he desires to schedule weekend periods of custody, Commencing with the 13th day of June, 1998, the father shall enjoy periods of partial custody with Michael from Saturday at 5:00 p,m, through Saturday at 5:00 p.m. and alternating every other week thereafter. Commencing the 13th day of June, 1998, the father shall enjoy periods of custody and visitation with Erin Hempt from Saturday at 5:00 p.m. through Saturday at 5:00 p.m, and every fourth week thereafter. The three daughters shall enjoy periods of custody and partial visitation with father from Thursday at 5:00 p.m. through Saturday at 5:00 p,m, during each week that Michael is in the care and custody of his father, It is the intent of the parties that through the summer months that the weekend visitation schedule be changed such that all four children are together each weekend in an alternating basis such that wherever Michael is spending his period of visitation, the remaining children are also. 6. The holidays of Memorial Day, 4th of July, and Labor Day shall be alternated between the parties. Holidays \ ~ shall be defined as beginning at 9:00 a.m. and ending at 9:00 p.m. the end of the holiday, Even numbered years mother shall have Memorial Day and Labor Day and father shall have the 4th of July. In odd numbered years father shall have Memorial Day and Labor Day, and mother shall have the 4th of July. With regard to the Easter holiday, mother shall be entitled to the Easter Holiday and the accompanying spring break. With regard to Thanksgiving, mother shall have Thanksgiving day until 3:00 p.m, Father shall have Thanksgiving day from 3:00 p.m. until 9:00 p,m. If the weekend following the holiday is father's, then he shall keep the children until the conclusion of his weekend, With regard to the Christmas holiday, on even numbered years father shall have Christmas Eve from 5:00 p.m. until 10:00 p,m., and Christmas day from 3:00 p.m, until 10:00 p.m. In odd numbered years father shall have Christmas Eve from 5:00 p,m. until Christmas day at noon. Mother shall have the balance of the Christmas holiday. 7, During exchanges of custody, the parties receiving custody shall remain in his or her residence, and the party transporting the children shall remain in his or her car, 8. In the event the parties are unable to resolve the outstanding custody issues by agreement at or near the completion of the custody evaluation, a hearing in this matter is scheduled before the Court for Friday, August 14, ,1998, commencing at 10:30 a,m. in Courtroom Number 4 of the Cumberland County Courthouse. 9. This order is entered pursuant to an agreement of the parties reached in open court. The parties may modify the provisions of this order by mutual agreement. In the \. .. absence of mutual agreement, the terms of this order shall control. By the Court, Matthew Eshelman, Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 For Plaintiff 4,/tL K7A. Hess, J. Maria P. Cognetti, Esquire P.O, Box 689 Harrisburg, PA 17108-0689 For the Defendant ~~Jf/~9/9Y' ..J<5, 'P. Dr. Stanley Schneider mal "1(,',', ",' :..........-'.., THE LAW OFFICES OF PATRICK F. LAUER, dB. 2108 MARKET BTREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 (717) 763-1800 FAX (717) 7113-4247 l-lIOIH122+LAW 9S2 N, R-nnil Street HarrIaburg. PA 17102 (717) 282-7747 ~---:.tA Ccnm8el Matthew J, F....."'nuo", Eaq, 8 S. Haoover Street CIIrUaIe, PA 17018 (717) 24H971 (BepIy to Camp Hill Address) August 13, 1998 Bon. Kevin A. Bess Cumberland County Courthouse Carlisle, PA 17013 (fax) 240-6462 Re: Michael Bempt vs. Connee Bempt Custody Bearing Friday 8/14 10:30arn Dear Judge Bess: You may recall our phone conference of Wednesday afternoon where Attorney Cognetti and I indicated my client's desire for a full custody evaluation. Please accept this correspondence with the attached, proposed order, as a stipulation of the parties to reschedule conditionally the hearing currently scheduled for Friday morning. The proposed order addresses the conditions necessary for our clients to agree to rescheduling the hearing. Please reschedule the hearing convenience. In the meantime, concerns, please do not hesitate for your earliest possible if you have any questions or to contact me. Sinara' Y~f Hatthn> J "h~aq. and ole f~r rl..,'ft,('a!G o/I! Maria P. Cognetti, Esq. MJElpl Enclosure Fi3v:J~' ~[;; FrJ: ~~~ ~ \"~ de'~i~ ~ \ s~.ll walk '/1~ 0 VI lei {e:lls '.' v~tci-W- : \~N':'_1; (.... < MICHAEL A. HEMPT, Petitioner I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I No. 1778 - CIVIL - 1994 I I CIVIL ACTION - AT LAW I CUSTODY VS. CONNEE L. HEMPT, Respondent ORDER day of AND NOW, this 1998, upon representation of counsel of the parties that the following Order is in the best interest of the children in the above-captioned matter, this Court's Order of April 17, 1998, shall continue in effect subject to the following modifications: 1. Father's period of annual-vacation visitation shall run from Saturday, August 15, 1998, at 5:00 p.m. until Saturday, August 22, 1998, at 5:00 p.m., at which time the school-year visitation schedule shall resume. The sUDUller-vacation visitation schedule set forth in the Order of April 17, 1998, shall resume each year on the first Saturday following the end of school. 2. During the school-year, the father shall also have custody of Michael A. Hempt, Jr., on those weekends during which the father already is regularly scheduled to have the other children for the additional period of Thursday at 3: 00 p.m through Friday at 5:00 p.m. 3. The parties agree to give serious consideration to the expressed desires of the children concerning periods of visitation and custody set forth by this Court. 4. While Mother feels that another custody evaluation is . -- "*ill!tf Jwwo....~, c l~ " " ...., ~" ,,~.~~;....""--'''' l;0:-~~~"'-<'~~:i-::"i,"".~,<"'~ ,""'.~; .1~ not in the best interests of the children; however, Father, at his sole expense, may have an additional custody evaluation performed. This evaluation may include all four children. 5. The hearing on this matter currently scheduled for August 14, 199B, at 10:30 a.m., is rescheduled for the day of 199B, at o'clock ____.m. in Courtroom Number Four of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Hon. Kevin A. Hess, J. f'''' : ..... ...IJI~-I"!'-':'I:1 0.1:..1.' ,..", t';"'1;l7-1;". I, ...':;/... .. " I ,','. ... ,I. " .. 1'.'11 . , Tm; I..AW OFl'.!t:~:.':l OF PA'l'IUCK F, I..AlIIo;Il, JR. 11108 MARKE'I' t1'I'RE1'T, A?'J'EC mID.DING CAMP 1llLL, PENN::lYloVANlA 17011 (717) 76.1.lllOO ~'AX (717) 7G3-42~ 7 t'IlOO!l22-4,J.AW 932 N, Socoutl Slr"d /1Arritthurg. P ^ J 71 02 (717) 2:12.7747 Auuociu1c (AJUlUIol11 MIlLUII,w.J ~::.t",IIIUlll, ~:'.l' H H. I flanuvcr ~itrl'tll (',mlud.., I'A 170lJ ('/I'll ~A\ltlO'/l C1tfoply to (;11I111> lIiII Aililn,vl) August 13, 1998 Hon, Kevin A. Hess Cumberland County Courthouse Carlialc, VA 17013 (fax) 240-6462 Re: Michac1 Hempl. VII, COlllll.e Hempt CUlltody Henring Friday 0/14 IO:lOnm Dear Judge HeuD: You may recall our phone cou"f",,,",,,, of Wl!dr",..di'Y "ttr.ornoon wlwr" Attorney Cognetl.i and I 1,"..1 i <:,,1..,,1 lilY "I i ,'"1,' II c1""iI'c for a filii custody evaluation. Plcaue accept thilJ corrclJp"ll<h~r":l! wi l.h t.he at.t.:1ched, prel,,,,,,,,,1 order, as u ntipul.,tion nf t.II" IMlli."" 1.0 1",;c:I",c1I1I,~ condition,Jlly tilt! lIearing currently tlchudllll!d lor Frid.:1Y mOrn,L1H). TIll! propnned order addrefl9cs the condiLinnn nn~nao.:1ry for UUI cl il!lItn I.n ngrc:c: to rcscheduling tbe hearing. Pleaoe reschedule the h~uri nq for Y'.)ur convenience, In the mf~c.llll.iltu,~, i I you h....vt~ concer.ns, pleane do not ho"ilalv 1.0 (:Olll..,..,t, mc, Cull i !'!HI. po/wible "'"Y qllulil.iorHI or "'/I[;/l Y;Z L-, Matth,w J!E'h,tM'" eo.. MJ~;/pJ und ~( '. "". .: ' ,"I" u/r ,." I"'."fll"~ . I J I' , Hari" 1', Cocpllll.l.i I l:;sq. EnGlollure Firat Glnss lIIu11 to !oliow ),'r iduy mOI'ni,,!) by IlLInd d," iVCIY PO" II ~l)l."'" 1,1' ""'::~""""'l11"l11" 71>" I. .""''',:..3 I T. . room li'l}' , .... .~." '1:..1 I l (. :.i':.~ ,.' C (', ,,('tlll./- lI,,' t -n.t.. t!'{"" I ".;" -J' ,', j ~{:' r.M" -11," I \: / l' I ._( l'il',~;, ''I'' e) ..L:....:. roo' .~~'f{.' ~ ec'(L.J...... roo, ?v: 3 W'/7 {,~~::-:.t~"" .t:ll~ ..IJI:;-I!.-'~l:l (I.I:.I~, PI-I ,;:J;I,.I..t", ". '.' I.,' ",'I,',', ..,.1.'.1,. 1'.11, '\ . MICHAEL A. Il~MPT, Pol:iti<:'ln"r IN THE COURT OF COMMON rLEAS Of CUHUJ;H r.MIl) cotltl'rv, rCtltlGYT,vMIT Po Vll, 1I11. 177ij - Clvr~ - )994 CON NEE L. H~MI~, Hesponrlullt. C I V II, IIC'rrON - II'J' I.^W CUS'I'OU'i ANU NOW, I.hill _, , o H U.,~ H dolY 01 _,__ )')')H, "!'CH\ repreucntal.ion of counool <>1 Lho pOlrt.ieo that the fo1lowiu<j Otder' is in tho best. intorollL lIf tho c:hildlCHI in 1.1", nhovl;'-captiulwd m"ttcr, th18 COllrcl.'.. 01'der of April 1'/, 1990, IIh..11 C:OIlI.iIlIlO ill effect subject to the followllI<jlllOc!if;c:lIl.ionn: 1, l-'athor'u pnrind nf ,'''''"..11-vc.l(;C\lj'.HI vit.dl.dliol1 Hh;t11 fUfI from Saturday, ^lIqllnt 1~, 199U, "l ~:oo (1,'", IIl1l.i I ""turd,,}', ^U9ust; 22, 1998, ;11. C,:ClCl l",lll" "L wlLl.d, lLIII,. Lh" ~<:huul-y"..., vioitation ochl.ldulc: :shull rnllllmo. "h" numm"r v"c"t,inn vinit"t.;,-,n schedule Get forth in thc Orde:r of ^pri I ) '/, 1990, nhllll TIllllIlll" each year on thc f irul. S..,1.11 ('(f;I'o' 101 low i III) t.h.1 ,,"rl of :)ch~lI)l, 2, During thn lIc:hool'y";lC, t,h,' {e,ther 9hal1 also huvc custody or Michael ^. Ih:mpL, J1'., on those: w....kc!/Idn dllr'i'\CJ whi"h the father already ill rcgularly schcdul ed l,o hil\'!! t.h" "t.h'H' children for the .."hlit.;o/l,,1 period of 'I'hll,,,d,,y Ill, 1:1l1l p,," throllgh Friday at. 5:0Cl p,m, 3. Thn pnrLios aql'fH~ t.o I)ive serious cnn:;id'HatiCl/l 1,0 LIII,' expressed clnuiro9 of l.he chi Jdrnn I:OIIC:"1l1in<) pcriodH or visltal.Lon and clIlll.ody set fOIt.h hy Lhi9 Court. . 4. WhiJA Mothur f('l'l$ th.lt anol.h"r' "u"tody evollllll,ion in HLIG-I?-':I13 (t.':,,-:, PI" "'::~li'..;-,:. I. ',;..::'.,' I,,' ;'1,',',.','1,'., " 1'.1.'. \, " . not in the bout intercBts of the child~on; howlIvor, FathHr, at hly 8010 oxpanllu, may lIi1v" olI1 ,l(hlit.ion,oI ...'ulIl.OI'ly ..v..lul.I.I'~n performod. Thiu cvalulIl.ion "h'Y ill"lull,' ..II IOllr ,,1I1lu11III, 5. 'l'he hOllring on I.hi.(1 moltl.t!I' e:lIl-l't;olllly ...:II",lul...u rllr ~ I, August 14,1998, at. 10:30/1,11I.,1:3 rCllclwdule,d tOI 1.11" day o! 1990, ill. u'\:lo\:k .m. ill Courtroom NUIII1Hlr FOUl' uJ t.1l" CUIIIL".I.,,"d COllr,t,y c.:"ullII..lI"", CIlrlLa1e, Pcnn~ylvania, DY Till:: COURT: .,............-- lion. J\~vill 1\. Heufi, J. {')~ ~~I ~~ D. ~~ ~ i~~~1 \j.j ~~ II1M~ \j.j ..., '... ~ ..., {')~ ~ I'~ ~ I Ul 0( I~ II 'll c'" ~ ~~~ 0: liL"I:3~ ~ I ~ ~ ~~5 ' N'@ . '~~ ~ ,- < a ~j . ~ o-'l l\ll J _ :~~ ~ ~ H :c . " I '0 ~ ~ ~ - -j ~ .. ., . J MICHAEL A. HEMP!', . IN THE COURT OF cn-lMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 94-1778 CIVIL TERM . . . CONNEE L. HEMP!' , . CIVIL ACTION - LAW . Defendant . IN CUSTODY . QU)BR OP OOURT AND toi, this " ~ consideration of the attached and directed as follows: <'lay of ']>c.u..It-- , 1996, upon custody COnciliation Report, it is ordered 1. This Court's prior order dated February 7, 1995 and paragraph 2 of this Court's Order elated December 19, 1994 are vacated. 2. The Father, Michael A. Hempt, and the Mother, COMee L. Heapt, shall continue to enjoy shared legal custody of COrinne D. Henpt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin M. Hempt and Michael A. Hempt, Jr., (twins) born August 28, 1986. 3. The Mother shall have primary physical custody of the Children. 4. The parties shall submit the Children for a custody evaluation to be performed by Stanley Schneider, PhD who was selected by mutual agreement of the parties. The purpose of the evaluation shall be to determine the Children's feelings and attitudes with respect to both the current custody arrangement and a potential shared custody arrangement. The focus of the evaluation shall be on the Children, with the parties participating only to the extent required by the evaluator. The parties shall cooperate with each other and the evaluator in scheduling the Children for evaluation sessions. The parties shall share all costs of the evaluation equally. 5. The Father shall have custody of the Children during three weekends per month from Friday at 5:00 p.m. until Saturday at 5:00 p.m. The specific dates for weekend custody shall be arranged by the parties with the Father providing reasonable notice as to when he desires to schedule weekend periods of custody. 6. During the Christmas holiday in 1996, the Father shall have custody of the Children on Christmas Eve from 3:00 p.m. until 10:00 p.m and on Christmas Day from 3:00 p.m. until Decl!llber 26 at 3:00 p.m., if the Father is not required to work on Decellber 26. If the Father does work on Decl!llber 26, the parties shall make arrangements for return of custody to the Mother on Christmas night. The Mother shall have custody of the Children from Christmas Eve at 10:00 p.m. until Christmas Day at 3:00 p.m. ". 7. During exchanges of custody, the party receiving custody shall remain in his or her residence and the party transporting the Children shall remain in his or her car. 8. In the event the parties are unable to resolve the outstanding custody issues by agreement at or near canp1etion of the custody evaluation, counsel for the parties may contact the Conciliator to schedule an additional Conference. 9. 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 agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE CXXJRT, L cc: Matthew J. Eshelman, Esquire - Co el for Petitioner/Father Maria P. Cognetti, Esquire - Counsel for Respondent/Mother ". MICHAEL A. HEMPT, . IN THE COURT OF CXXolMON PLEAS OF . Plaintiff . CUMBERLAND CClllNTY, PENNSYLVANIA . . . VS. . NO. 94-1778 CIVIL TERM . . . CONNEE L. HEMP!' , . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRI<R JUDGB: Kevin A. Hess QJSTOOY aH:ILIATICIf SlMIARY RBl'CRr IN AOCX:tUlllNCB Wl'l'IJ cnmBRLAND CXXN1'Y RlJLB OP CIVIL PRe) 'l<IaJRB 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. 'llte pertinent information concerning the Children who are the subjects of this litigation is as follows: RAMS BIRTBDATE aJRRPBl'Ly IN QJSTOOY OP Corinne D. Hempt Julie L. Hempt Michael A. Hempt, Jr. Erin M. Henpt February 22, 1982 May 25, 1984 August 28, 1986 August 28, 1986 Respondent/Mother Respondent/Mother Respondent/Mother Respondent/Mother 2. A Conciliation Conference was held on Decenber 3, 1996, with the following individuals in attendance: the Father, Michael A. Hempt, with his counsel, Matthew Eshelman, Esquire, and the Mother, Connee L. Hempt, with her counsel, Maria P. Cognetti, Esquire. 3. 'llte parties agree to entry of an Order in the form as attached. ~ Date 'I. /9r& , a.-~u~ Dawn S. Sunday, Esqu re Custody Conciliator r'~ Fti:f}C:t,C2 .,..'" ',-'~'J , :' ,\I n~ r r.r - h ,f',', I~.': (,.1,\ . ~ ''OJ ' I,,,.., I, Cil',', I " ,., ......I.'.;,! ,.. ._,.-...1 ~~t,~..;~ YL'II\:~V\ II I [:);:!j i I ~~~ I i I ;1 ~~ ~ I ~ ~~ ..., ii ::l '" .... ij ~i ,gjJl ll!!l ~~~~~ .... ==,,~- '... 'g ..., ,~,,= .:. 1,1):: l:: .f: i~ . ~I 'I, n .9 . [:)~ tl8 g! -2: ;.i I I ~ t!> . tit ! ... " CO..; E i w.C'w'@ ~ S.JS I = ... = 0 5 ... ... >'- .:..... ..e Q .... ~ i'E . :I: ~U) ==r.="''ll ..; . Cl J;j,"'i n ;j/;U .J .... :l! ~~g ~ ~ 8 II U H :E , . , , . " MICHAEL A. HEMPT, Plaintiff IN THE COURT OF c:cM1ON PLEAS OF : CUMBERLAND CClUNTY, PENNSYLVANIA . . : vs. : NO. 94-1778 CIVIL TERM . . CONNEE L. HEMPT, Defendant : CIVIL ACTION - LAW IN CUS'roDY . . aIDER OFaxJRT AND tol, this /~ rA day of VJ1VII..vr~ , 1997, upon consideration of the attached CUstody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cou}:'t Room # ~ ' of the CUrN:lerland County Court House on the ---.L TC"} day of i jJ. , 1998, at q: 3 0 o'clock, Co\, .m., at Which time testimony w 11 be taken in this case. At the Hearing, the Father, Michael A. Hempt, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be called to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, this Court's prior Order dated December 3, 1996 shall remain in effect. BY THE COURT, J. cc: Matthew J. Eshelman, Esquire - Counsel for Father Maria P. Cognetti, Esquire - Counsel for Father - 6..b....,oLJ ~&utJ(/J3/9? U .>oS ,"J:>, i' , "'I r'" C --".. "I ..cu- ',~tl\..lt'. !""\_ l' ,t., ,,-' .~...t""-'~"{ G: ,; ,- :, ~ t "'. i'"Jlj--~'\ I l , i , ! I 91 HeN I 2 Pi ill: 15 CU\'..;.',:," ' "'l" '~nlv I~,__' "'_/".) G '1oJ,1 I PEN:-.lSYLVAN:A ! . ' , . , MICHAEL A. HEMPT, Plaintiff : IN THE COURT OF <:aolMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 94-1778 CIVIL TERM . . CDNNEE L. HEMPT, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOO JUDGB: Kevin A. lfess ClJS'l'OOY CXH:ILIATION &J!MARY REPCRr IN ACalUl/\NCB WITH ClJlIBERLAND ClCDll'Y RULE OF CIVIL ~'O<I tlR8 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: twlB Dl\TE OF BIRTH alRRENl'LY IN CIJS'OODY OF Corinne D. Hempt Julie L. Hempt Michael A. Hempt, Jr. Erin M. Hempt February 22, 1982 May 25, 1984 August 28, 1986 August 28, 1986 Defendant/Mother Defendant/Mother Defendant/Mother Defendant/Mother 2. An extended Conciliation Conference was held in this matter on August 6, 1997 during which the parties were able to work out most aspects of an ongoing custody schedule. After two hours in Conference, it was agreed that counsel for the parties would continue to negotiate the remaining aspects of a CUstody Order. The Conciliator held the matter open pending further negotiations by the parties and counsel and no proposed Order was submitted illlllediately following the Conference. Subsequently, the Father's counsel advised the Conciliator that the parties had a fundamental disagreement as to how much discretion should be afforded the Children in establishing custody arrangements, and requested that a Hearing be scheduled. As the Mother and her counsel were willing to attempt a further conciliation, an additional Conference was scheduled and was held on November 3, 1997, with the following individuals in attendance: The Father, Michael A. Hempt, with his counsel, Matthew Eshelman, Esquire and the Mother, Connee L. Hempt, with her counsel, Maria Cognetti, Esquire. 3. The parties were not able to reach an agreement at the Conference and it will be necessary to schedule a Hearing. 4. The Father's position on custody is as follows: The Father does not seek a specific schedule to replace the existing custody arrangement whereby he has custody of the Children on three out of four weekends. ,'. . . However, the Father feels that it should be up to the Children as to when and how often they spend time with the Father and the Mother. The Father preferred not to have specified weekday periods of custody and instead sought to have an arrangement whereby the schedule would be flexible to allow the Children to spend time with the Father when they wanted. The Father proposed that the custody arrangement be designated as "shared physical custody". Finally, the Father proposed that the parties' son would reside with the Father and attend school in the Father's school district beginning with the 1998/1999 school year based upon the Father's belief that it is the Child's preference to do so. 5. The Mother's position on custody is as follows: The Mother does not believe it would be in the Children's best interests to place them in the position of having to decide when and how often to spend time with each parent. The Mother believes that such an arrangement would place too great a responsibility on the Children, would force them to choose between their parents, and would further exacerbate the problems the parties already have in COIIIl1Ill1icating with each other in making arrangements. The Mother feels that, due to the parties' inability to cOlllDunicate, the custody arrangements should be specific and predictable. The Mother does not believe it would in their son's best interest to change either his primary custody arrangement or his school enrollment. 6. The parties' main custody dispute involves the issue of how much discretion should be afforded to the Children, at ages 11, 13 and 15, in establishing ongoing custody arrangements. 7. The Conciliator recOlllllends an Order in the form as attached scheduling this matter for Hearing. ).JO'fem ht/ Date if, /997 , oaI)su~~ CUstody Conciliator ~ DECREE IN DIVORCE AND NOW, ..~..?:~.. ,... 19 .9,~ ,.. , it is ordered and ..; ~ decreed that ..C:l?~~~~, !",~t-!~:.., .. .... .. ,.. .., .. ,........,...., plaintiff, and, !,gC;:I;l!-,F;I;o, 1\,-, ,1j~~,~1'""""",."""""""" ,."",'. defendant, are divorced from the bonds of matrimony. ~ ~ ~ ~ W '7 ~ ~ ~.' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ,,' t ~.' ::~7, ~,":~f!1~, ,~~, ~,h.~ , P~,r:~ ~~,s.', , !",r,'!I?~!="t,~ ,~!,!,t,t: ~~!ll,~l)~, ,r"c;jr~~,llJ~t;I!:", ,qil!:,~d, ~'lfe~7hu,a,~r, ?~ ~ , al,91i~~ . ~,~~ ' ha,t,~~r::!1,~C! . !1!'!,r:~~!J, ,<! r~, ,i,l)9!"r,p.9Fil,t,~q, )1,~J;'\!.i.1'\ u ~ o~ merge erewlt_ ... l!l ~ ~ " ~ fo' llYl rrhe Co~rt: '- C -f2 \',k.I..'-('->7-,\ E ,~~)'-;:r A\le.t:~w~,~ [' ~Jd&(, .e~~;~ J, ~..~ ~~, D.z. -I' ' . -T;f>rolhonotary i~ i~ i' !~ (...' ! , I: I, ~--.,-,---- -'--_.-,,-~,~ ,"- ,- - --. "-......_~-'-_.",_..~--,,.-,,-,-",......--,--, ,-, ,----,- ,~ -***~**__*_***~**~*ID~~' ~ ~ ~ ~ l'( ~ l'( ____~__ 'i:- .>>:' .:.:. .:+;. i '.' ,'~ ~ .', ~ w ',' 8 w ',' ~ ',' ,'. ~ .7~ 7'/,9& JvI, (~_.M~Jl; $ ~ ~. '/ff(p ,NtZe. /w.~/?t ~1-7f Ci~c;;> .; . . - /""-'1lR IZ/lI/,s' . ',' .. .' " PROPERTY 9ETTI,EMENT AGREEMENT THIS AGREEHENT, made this '23~day of ~~I ,199"g1 is by and between: HICHAEL A. HEHPT, of 505 Third Street, New Cumberland. Pennsylvania, party of the first part, hereinafter referred to as "Husband": and CONNEE L. HEHPT, of 3790 Mountain View Road, Mechanicsburg. Pennsylvania, party of the second part, Ilereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 22 July 1978 and are the parents of four minor children: Corinne D, Hempt, born 22 February 1982, ,Julie L. Hempt, born 25 May 1984, Erin ~lichelle Hempt and Mil:hael A. Hempt, Jr., both born 28 August 1986 (hereinafter referred to as "children"); and WHEREAS, certain diffil:ulties have arisen bet.ween the parties hereto which have made them desirous of living separate ilnd apart from one another and Wife has initiated an action in divorce against Husband to No. 94-1778 Civil Term before the Court of Cm~wn Pleas of Cumberland County, Pennsylvania; and WHEREAS, t.he part.ies hereto, Wife heing l'('II\'eSlmled by Maria P. Cognetti, Esquil'e, i1llCl Hlwhand by Samuel [" Andes, Esquire, have each exchanged full and complete informatioll as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and Ito their respective attorneys full information as to the financial Istatus of hoth part. iUIl hen,to: ali<I I . :' " " WlIERBA8, the parties hereto have mutuillly enlllred Int.o an agreement. for t.he division of their aBsots, t.he provisIon fur the liabilities they owe, and provision for the resolut.lon of their mutual differences, after both parties have had fuil and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reducad to writing. NOW, TlIBRBFORE, the partiea hereto, in consideration of the above recitals, the mutually made and to he kept promiaes set forth hereinafter, and for ot.her good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. This agreement shall not. make any disposition of the parties' claims regarding custody of or support for their minor children, both of which are the subject of orders entered in other lit.igation pending between the parties. 2. The parties acknowledge t.hat they are cmrrently purchasing that property situate at and known and nnmbered as 3790 Mountain View Road, MechanIcsburg, Pennsylvania, pursuant. to an agreement of sale with Mr. and Mrs, William Raudahaugh and that there is a balance owed on that obligation in excess of $30,000.00. Wife agr(leS that she shall, within ninety (90) days of the date of thia agreement, obtain financing from a hank or mortgage company in an amount sufficient to pay the balance owed to the Radabaughs in full and 1.0 pay t.he slim of money to Huaband as provided in Paragraph 3 hOI"eof and, upon Wife's completion of aueh refinancing, so that. t.he Ralldaballghs are paid in full and Husband is roleased from any fut't.hel' ohligation to them, and the payment t.o lIullband of the aum lH'ovided In P1u'1IlJt'aph 3 hereof. lIusbllnd shall make, execule 2 " and deliver to Wife or her attorney his deed to grant and convey all of his right, ti tle, and interest ill and to Lhe pl'operty to WHe. Wife represents to Hunband that she hall made a I 1 payments due to Mr. and Ml'S. Raudabaugh on the salell agreemellt obliyation and promises that she will make all further payments due until Blwh time as the remaining balance ill satisfied in accordalll:e with this paragraph ann Wife further agrees that she will indemnify and save harmless Husband from any loss, cost, or expense caused to him by her failure to make such payments strictly in accordance with the agl'eement with the Raudabaughs until such time as that debt Ls [laid and satisfled in full and Husband is relieved from any further liability therefor, 3. Wife shall pay to Husband, as equitable distribution of the parties' marital property, the sum of Forty-Two Thousand ($42,000.00) Dollars. Wife will make such payment contemporaneously with the delivery of the deed to the property at 3790 Mountain View Road as contemplated by Paragraph 2 hereinabove. 4, Husband does hereby grant, convey, transfer, assign, and deliver and set-over unto Wife the following assets, which said assets shall be and remain the sole and separate property of Wife hereafter, free of any clalm by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property before: A. Wife's interest in her account within the Pennsylvania Blue Cross VIP Plan. B. Wife's account or benefits within the Pennsylvania Blue Shield profit-sharing, pension, retirement, or similar tax-deferred benefit plan, C. The 1991 custom Chevrolet van currently in Wife's possession. Husband will execute the title to the vehicle upon request. J :\ r'" ",i!l!l'lr,M~ . . , D. The 1980 Chevrolet Suburban automobile currently titled in both parties' names. Husband will execute and deliver the title to the vehicle to Wife as soon as she presents the title to him for execution. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 5. Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the following assets, which said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non- marital property before: A, Husband's 25 percent interest in a hunting cabin owned with members of his family. B. Husband's interest in the Employee Savings and Protection Plan with Carolina Freight Systems. C. lIusband's retirement benefits wi.th the Teamsters Pension Fund. D. The balance within Husband's acconnt with the Teamsters and Cheauffeurs Federal Credit Union, E. Husband's IRA with Dauphin Deposit Bank. F, A 1988 Yugo sedan now or formerly titled in Hushand's name, And further, Wife does hereby waive, l'I~lease, relinqu.ish, an() surrender forever any and all claim to or interest in said assets, which shall be and rema.in the sole and separate property of ffiJsband hereafter, 6. The parties hereto mutually agree that they have effected a sat.isfactory division of the furniture, household furnish.ings, appliances, and other household and personal property he tween them and they mutually agree that each party shall, from and after the date ,} " hereof, he the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 7. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with suell items. Both parties acknOWledge that they are able to support and maintain themselves comfortably, without contrihution from the other beyond that as provided for in this Property Settlement Agreement, .upon the income and assets owned by each of them. The parties hereby acnept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and dUl'ing any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, qui t claim, and l'elinquillh forever any and all right t.o support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for IIer81n, durlug the pendency of or as a result of ilny such actions, as provi ded hy the Di von:e Code of Pennsyl vania or any othel' applicable statute, at this time and at ilny time in the future. 8. Except as herein otherwise provided, each party heret.o may dlspllue of his or her propel'ty in any way, and each (lilrty hel'flby 5 expressly waives and relinquislles any and all rights he or she may now have or hereafter acquire, under the present or future laws of any juriodiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except an provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instrtlments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 9, Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her Ileirs, executors, administrators, or assighs, does ,remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or sllffered to be done by such other party prior to tile date bereof; except that this release shall in no way exonerate or discharge either party hereto from the Obligations and promises made and i"~osed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have againnt the other. 6 . 10. The parties hereto mutually represent to the other than neither of them has incurred any dehts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby repreaents to the other that nei ther one of them have incurred Ol' contracted for debtll in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwiae incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrallt to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 11. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this iuformation with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and VOluntarily decided not to do so. 12. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to wllich they are lawfUlly entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the purty having so violated or breached the agreement, shall be responsible (or and shall promptly pay upon 7 r-.- - , ' demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder, 13. Tlte parties agree that they shall, upon the request of either party's attorney, make, execute, acknowledge and deliver to their attorney, for prompt filing with the court, affidavits of conaent and any other document reasonably necessary to conclude the divorce. The parties contemplate that the divorce will not be concluded until such time as Wife has refinanced the house in accordance with Paragraph 2 hereof and made the payments to the Radabaughs and to Husband as contemplated by this agreement. The parties agree, however, that tltey will promptly provide to their attorneys all documents necessary to conclude tlte divorce upon the request of their respective attorneys. 14. This Agreement sltall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania. 15. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, ollly such part shall be deemed void and in all other respec:ts tltis Agreement shall remain valid and fUlly enfol'ceable. 16. The waiver of any term. condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term. condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the hands and seals the day and year first above ~ &:$!lt.~OA:n Wi ess (JV a~~lvo?td~ - CON NEE l.. HEMPT 8 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On thia, the .:zy.a..day of Abr"""",'f ' 19~t hefore me, the undersigned officer, personally appeared MICHAEL A. HEMPT known to me (or satisfactorily proven) to be the person whose name la subscrihed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My conf;;;:i ~'~~\*i res: Noli.riaJSooI ~~Cw~~ attc.....,.Iwb, EllPesI\l.o. 17.1gOa COMMONWEALTH OF PENNSYLVANIA ) , (!IS,: COUNTY OF CUlIBJ::l\...l\rmJ):JuPJlIN ) I I On thia, the,;;)qlJ, day of &:inuA.~ , 1996, hefore me, the undersigned officer, perGonall~-appear~ CONNEE L. HEMPT known to me (or satisfitctorily proven) to be the person wh(ll;e name is subscribed to the within instrument, and aeknowledged that said person exeeuted same for thl! pUI'poser; there in contai lUll!, TN WITNESS WHEREOF, 1 hereunto set my hand and official seal, Kate liolo';81 SO"' H ~ ~ Sl1orl:I, Notary Pu~ac M Co Dr,s Uf!), Dauphin County y mmlssfol1 Exnjr~s M:.rctl 0 "'98 ~tambei. -_ " OJ ,PemsI:;.lI1Io:I~loIl%:irieii C) . . - 'i i II _ '15 'f~'~ ~ Bu ll.E ~ I:: . li! fi' .... Oc.: cl.l! ~ ! Ill, IS .;: jl; ~ ~ 1 lI: r I '"'.ff",\'!r"'j'''''--' ......... CONNEE HEMPT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94-1778 CIVIL TERM MICHAEL A. HEMPT, Defendant : CIVIL ACTION. LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record. together with the following infonnation, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Scction 3301(c) of the Divorce Code, 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 11th day of April, 1994, by certified mail, return receipt requested, receipt number P 413 868 995, 3, Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Conne Hempt, Plaintiff, on May 29,1996; by Michael A, Hempt, May 3, 1996, 4. Related claims pending: None, Respectfully submitted, Dated: May 31, 1996 ~ MARIA P. COGNE Sup, Ct.!. D, #27914 200 North Third Street, Twelfth Floor p, 0, Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 ... .. "00: 0'" a~ "'1Il~ z~ '" ire' ... tl o-l . . tl f:l 8 .~ ... i i p: l!l ~ ... ~ ...14'" ~~~ ... ::> ... > u ... ... ooao ... ... c C III ..... C C . Cd ",800: r4 III . '0 ~CI)""cn '.. 00: Z Z ~ III > C . N !!i!~ ... ::1=00:'" ... .... ~ Gl '" ... '" Cl",1 8 ~ . 8 Gl r4'" '" 0 c z !:= ." u z ... ",~'i" ~l:l u ~ ... . en en r- :c c!:...... ~B 8 ><o~'" lQ... Ii! ~ ("":'> ~ ""'t" ~ "-<i i.... ..J:: ...t> ..t:. .!;) -- -- '\. ........ .... ........ .l;) ~ ~ l.) t') e- ll'. ~ ~ '"'\ ... ~ "---' V', , , C> co ~ ..... -....\ <:", \1, c) ~ ~ (")~ C ~,J:= ,_0": ,- ' .,..:1\." :,~ ~~. ;. ,~' '. . ~. _. -0 ;-,'''0::: ..... - ,......:-,. ,..' "; I.... - , -'.... -o(~ ... ~ '" e --1 .z;:.. ~ ;j! cD ..r:- .. .. ... CONNEI!: HI!:IlP!r, Plaintiff IN !rHI!: COUR!r OF COMMON PLBAS OF CUMBERLAND COtlN!rlC, PENNSYLVANIA CIVIL AC!rION - LAW IN DIVORCE 71 CN, J NO, qL(. 17 CIVIL 19 I I I I I I I Tu tyl va. MICBABL A. HEMP!r, Defendant NOTICE !r0 DEFEND AND CLAIM RIGH!rS lCou have been sued in Court, If you wish to defend against the claims eet forth in the following pages, you must take prompt action. lCou are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A jUdgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. lCou may lose money or property or other rights important to you, including custody or visitation of your Children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A liet of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, carlisle, Pennsylvania, 17013. IF lCOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTlC, LAWlCER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAlC LOSE THE RIGHT TO CLAIM ANY OF THEM. lCOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 " - " 'h .' ~. ~ ~ -: COJDlI:B IIDIPT, I IN TBB couar or COIDlON PLBAB or Plaintiff I CUJlBBRLIlND COIlJftY, PINNBYLVANIA I y.. I CIVIL ACTION - lAW I IN DIVORCE MICBAIL A. IIDIPT, I Defendant I NO. CIVIL 19 AFFIDAVIr OF MARRIAOZ COUNSELING I, CONNEE HEHPT, being duly sworn according to law, deposa and eaYI 1. I have' been advhed of the availability of marriage counseling and underetand that I may request that the Court require that my epouse and I participate in counseling. 2. I underatand that the Court maintaine a 1iet of marriage counaelora in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that ths Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made eubject to the penalties of 18 Pa. C.S. 54904 relating to uneworn falsification to authorities. Datedl 4/7/94 , . ,1 {~7t-1~~ i!w/& CONNEE HEHPT, Plai iff Sworn and eubscribed,to before me J:hil! 7tfJ of CjJ~' < I' /)- C' Ii 'iE. "_ 1, ~_' _ ,1 f &.A,( 'lj :'-:):c ~ otary, day 0,/ ,194. NOTARIAL Sl:JlL MARYLYN A lJIPATO, ~ Public Carble, Cumllcrland Ccunly CornmluIon ~ JI. t2., 997 " ; ::"~,:,.:,Yq , .. .. . ~, COIOlBll IIBIIPT, P1.bUff IN !nIB COUR~ 0.. COICMON PLUS 0.. CUJIIIBRLUlD COtlH'1'Y, PIlJIIfSYLVAHIA CIVIL AerIOH - LAW IH DIVORCB ".. IIICIIABL A. IIBIIPT, Def.ndant HO. CIVIL 19 COMPLAINT IN DIVORCB m !nIB BOHOIUUlLll:, !nIB JUDClI:8 0.. SAID COUR~I AND NOW COMBS, CONNEE HEMPT, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avere as follows. 1. Plaintiff, CONNEE HEMPT, is an adult sui juris, who currently resides at 3790 Mountain View Road, Mschanicsburg, Cumberland County, Pennsylvania, 17055, eince 1981. 2. Defendant, MICHAEL A. HEMPT, is an adult sui juris, who currently resides at 3790 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since 1981. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 22, 1978, at Enola, Cumberland County, Pennsylvania. S. There have been no prior actions of divorce or annulment between the parties in this or any othsr jurisdiction. 6. Nsither party is a membsr of the Armed Forcss of the Unitsd Statss. COUNT I - INDIGNI~IES 3301 (al(61 of the Divorce Code 7. Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. 8. The averments under this Count are not collusive. 9. Defendant has offered such indignities to Plaintiff, the innocent and injured spOuse, as to render her condition intolerable and life burdensome. ,';;"",i-,:, .J;:-~", - 4 . COUJI'T II - IRRBTRISV&RT.1! BRBAItDOWN 3301 Ie' of ~b. Divorce Cod. 10. Paragraphs 1 through 9 are hereby incorporated by reference and made a part hereof. 11. The marriage ie irretrievably broken. a. Plaintiff and Defendant have lived eeparate and apart since March 11, 1994. 12. Plaintiff hae been advised as to the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 13. Plaintiff requests the Court to enter a decree of divorce. COUNT III - REOUEST FOR DIVISION OF PROPERTY UNDER SBCTION 53502 OF THE DIVORCB CODB 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 16. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. s. 4904, relating to unsworn falsification to authorities. c4:~, fj;1dft-J- 0/ 7 /f.~ Date. ~\tL~~ Ruby D. eeks, Esquire Attorney for Plaintiff ,}~~,/.~"'!t' ' C~,""~ ,.. ....~ ~'.' '" """', - - . - COHMOHWEAL~R OF PENNSYLVANIA .. COUNTY OF CUMBERLAND The above named, CONNEE HEHPT, being duly sworn according to law, deposes and says that the facts contained in the foregoing complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. cl~~~ Sworn and subscrib~d to befor~ me ,this ~ da~d of AA .A 0 19:tJ.. I Na1n18111 IlamaK5nIIh!.'~ CaIfsJe IloIIl, Clmiiririi Ati Qm........ &phsJan 12, 1 ~~ 6 ~_d.Q~O, otary Pub ic W( I ( " " ~'~<"',,~>,/~~f;~~ii;i" WB DO IUIUIY""""n ~TT,I{I, ';\~ ;ii,~::" WI'l1lINIS Ii.;:r~~,~,r;,'.; OPTtlBOIJ!I .',c, \'f':li'~~W;~o( ,,",-i::J1~'G~;:;P.~~~f\t~~~,- . , .\ , I ! :,..}\;~:3t;'~i ;fJ: ~~i' CONNEE HEMPT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE ve. MICHAEL A. HEMPT, Defendant NO. 94-1778 CIVIL TERM AFFIDAVIT OF SBRVICB BY MAIL PURSUANT TO PA R.C.P. 1920.4 la)ll)lii) COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for CONNEE HEMPT, being duly sworn according to law, depose and say that a true and correct copy of the ComDlaint in Divorce, wae eerved on MICHAEL A, HEMPT, at 3790 Mountainview Road , Mechaniceburg, Cumberland County, Pennsylvania, 17055, by mailing the eame to him by certified mail, restricted delivery, No. P 413 868 995, on April 8, 1994. Service was accepted on ADril 11 , 19()4 . V-1L~l..<<-o Ruby D. Week , Esquire Sworn and subscribed to before me this j ;0....1- day",/ of Ap""'/ , 19.:z.:z... b~~. ~....-OoJ.".: Notary Public ~ NatIIII SIll llomaKSendn1a.Nola5 CaIIsIo IloIO, ClrT&Itand My Comtrission E.presJan. 12, 1 TELEPH9NE 717:243,1294 d(t;f,!J !D. CWUk1 ATTORNEY AT LAW ~ i TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 f > , , April 8, 1994 Hr. Hichael A. Hempt 3790 Hountain View Road Hechanicaburg, PA 17055 Dear Hr. Hemptl I am, by thia letter, aerving you with a copy of the Divorce' Complaint brought by your wife, Conn.e Hempt. If you have .ny que.tione concerning the Divorce Complaint, I eugg.et you contact your attorney, in that there are epecific right. which you would be entitled to defend and claim, and there are time limite for your doing so. I would hope to hear from you or your attorney as soon as possible in the hopee that we can equitably work out matter. between you and your wife ae quickly ae poeeible, to prevent great emotional and financial expenae for both of you. Sincerely, ~ If. "J~~ lto.uei4-- Ruby D. Weeks, E.quire RDW:dh Ilnoloou.... C_\ltnl or Dlvo",. e: Connn H."", 04019415-94 C.1\l1lod Mill No, . 413 161 995 r r R.,lI<ted [)eltf..... rIM P 413 1168 '195 ~ Receipt for Certified Mall .. No Insurance Coverage Provided == Do not usa for International Mall (See Roverse) C..hfo8i1f" Spec..' Del........ r.. ... HeNln AlI'CfI'f,ll Sno"'lflQ C\ .I'" = 10 Whom & 0.'. o..~N Ci\..l '; R.lut" Reu(l1 SM to Whom. C o.l.,.nd "MI' U " ... Ie ..- : ";";'';:_':~_; ;',. _,0' , __ " ' ::it. ;L.~ ~;m. ; lndIor 2 for odd;"o..1 .ervl1\flR 12" :', I 'c. _ContelIec. hlml 3.ancI 4. · b, : ,;-.~:, Print \'OUt Nmt Iftd Iddrt.t on I~ r.....,.. olthit forAl t:O lhal w. can . ";rttum thll card 10 you, ! ! ..,..AnKh lhil form 10 the fronl of 1M maUpiec.. 0' on 1M back It .p.ce ,- ','. do.. nol pennit. ;:.~'ll.tumRK'i.t R......led.. on lho """p;e"bolow tho ."Ie" numbof " '''&' ~ Return ReeeIpt wllllhow 10 whom lhe miclt w.. delhtered and IN d.1I ~; , , . Contult oltmal..r for fee. '.1, ':iP;.:.",.::,.'~..:,.:t"ICI. Addr.ll.d to:' 4a? A~I;~umrGY q 9'5" " 'Y , II wi- 4b, Sarvlce TYP. : ~",r'~ I c~~\ A. N e~r' . 0 R.gllI.red 0 Inlur.d ;,~:',~ '1 "'6 'MO"'l1.1ClI VlV I t./,U ~ ~e"lfIed 0 COD O E M etu," Racalpt for ~',:,: \,' 0 A ,055" .pr... ,.:Me.Cf\QVlt v'i' \ 7,Dal.o 8, .-., I allo wllh to facelvl' the ; following lervlcellfor ene.tra'i:; fe.~~ 0 Addre""'1 Ad~f." . ,,!,[ 2, 0 Reltrlct.d D.llvery f'sfl '11 f\ !: , I: If r.quellodl II, Signature IA~.ntl !I o .. PS Form .!! . D.c.mber 1991 *U.8. GPO: 1~'714 DOMESTIC RETURN RECEIPT 5 111 .... ::0 >-~ "'.- :'1 :!;.~ ~~C'Z ii:('\O;; u..7:C)_J .- Z. >- 9' [;) ...tc,l) t:l~..: ~!% 1..:.J :"U";.c ;.;;!\~I~W Yo- t~~ :.\., Q. ;:> ~rJ ~' :n . l'T') a: ~ ... ~ ..... ~ ... ,- , .~ " ""'- .. ! u ~ a _ '8 'go~ Sl Bu ~ ~ a.... ~ - cl c: ~ III c.: d: 'i: e.L III " ~ 1 :c .. - ::<:: '" -. t', h;" ,.., C',' ~ .... o ;::; N .... ... ;:: c , I l..IlIwUlfIl'C'\n' J\\...i.. I~ Cuglll'lli .. ... . .11'0 1"1\ t,HII IIJUI\hUftr. 1)~'III1\) I'-.allld 1711)H.(~hKtI (717) Hl.210.1 . . 1;;;- ~",~'j.~ : ;\.'.. " ~~, ........~.?\ .' , COIlHBB IIBIIPT, I IN THB COURT 0.. CONNON PLBAS 0.. Plaintiff ICUMBERLAND COUNTY, PENNSYLVANIA I .. . I CIVIL ACTION - LAW I IN DIVORCB IIICIIAJlL A. IIBIIPT, I Dafandant INO. 94-1778CIVIL TERM PRABCIPE TO WITHDRAW TO TBB O....ICB 0.. THB PROTHONOTARY I Pl.... withdr.w the .ppe.r.nc. of Ruby D. W..k., E.quir. .. coun..l in the .bov. c.ption.d divorc. .ction. D.t.dl ~.;l()J fqq~ ~o.~ Ruby D. we; s, Esquir. Attorn.y for Pl.intiff PRABCIPB "OR ENTRY 0.. APPBARANCE TO TBB O....ICB 0.. THB PRorJIONOTARYI Pl..s. .nter my .ppe.rance .s counsel on beh.lf of CONNEE HEMPT, the Pl.intiff named in the .bov. c.ptioned divorc. action. D.tedl 5)) / 'i Y- CI M.ria P. Cognetti, Esquire Connee Hempt " . . r-:- ~4~ F:-' r ,. r.. G;. ~':':' "" ('. ......... -...., -.... ~'"' oW ...., , (nlJl" - \"'" ,...., ---. ?--u .,& ~ ~ ....... --. -.t:::- Iv <:;:::.. M- e' '" ~.... l~ \" x. , '"'" ,..." r::- \ ~ .:J ;:t, .. ,-\j \,\,. ?' }-- \, , ~ ~ ....~, t f\ ,. .. ~ - .. 'ii ~ a _ .. 'CO~.!! a g 0 \Q C ;:;i Su i! N 5c.: ,~ ~ ~ III ~ ~ C 'a: a.; ~ III .E :E; .~ ::c , ~'-- ~.= ;-.'. 1~. " t._.... - U.J <..r1 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA J?1V : NO. 94-~CIVIL TERM CONNEE HEMPT, Plaintiff MICHAEL A. HEMPT, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR ALIMONY. ALIMONY PENDENTE LITE. AND COUNSEL FEES AND EXPENSES AND NOW comes the Plaintiff, Connee Hempt, by her attomey, Maria P. Cognetti, Esquire and petitions this Honorable Court for alimony, alimony pendente lite, and counsel fees and expenses relevant to her Complaint in Divorce, and in support thereof, respectfully represents as follows: I. By reason of this action, Plaintiff has been put through considerable expense in the preparation of her case and the employment of counsel and the payment of costs, 2. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses ofthis litigation, 3. Plaintifl's income is not sufficient to provide for her reasonable needs and to pay her attorney's fees and the cost of this litigation and Plaintiff is unable to appropriately maintain herscl f during the pendency of this action, 4. Defendant has adequate earnings to provide for the Plaintitl's support and to pay her counsel fees, costs and expenses, 5, PlaintitTlacks sufficient property to provide for her reasonable needs, 6, PlaintitTis unable to support herself through appropriate employment. 7. Defendant has sufficient income and assets to provide continuing support for the PlaintitT. WHEREFORE, PlaintitTprays this Honorable Court enter an Order awarding PlaintitTalimony, alimony pendente lite, counsel fees. expenses and costs, Respectfully Submitted, , Dated: January 23, 1995 Maria p, gnetti, Sup. Ct. I.D, #27914 132-134 Walnut Street P.O, Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 ., VERI FICA TION I, Connee Hempt, hereby verii)' and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa, C,S.A. ~4904 relating to unsworn verification to authorities, &~~ DATE: "J~lqS MCTICN FCR APPCINTMENT .oF MASTER ,MICHAEL A. HEMPT, (~:&~ (Defendant), a master with respect to the following claims: ( ,) Divorce ( ) ,Annulment ( ) Alimony -( ) Alimony Pendente Lite and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The Plaintiff (has) (~H~t) appeared in (by her attorney, MARIA P. COGNETTI (3) The staturory ground(s) for divorce (is) Section 3301 (e) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the None (c) The action is contested with respect to the following equitable distribution (5) The action (~~~ (docs not involve) complex issues of law CONNEE HEMPT, IN THE COURT OF COM."ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. :' MICHAEL A; HEMPT, Defendant 94-1778 .19 NC. moves the court to appoint (X) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses the action (~KK~ ,Esquire), (are) following claims: claims: or fact. The hearing is expected to take Additional information, if (~). (6) (7) None Date: Samuel L. Andes ORDER APPCINTING MASTER ,19~. I~ 1.....\ n.' \.. 7 respec~ to the following claims: I ~,( <.. ( t...:( ........... t\(.i L~~I...I..., I AND NOW ,~ c.,,-, ';).,~' is appointed master with Esquire, By thi Court: , , l/L ~ ,-I /:= ' )1,,- J o,'~. I, 1': ~\', III J~I/ 2J 8 47 :lllt95 , I' ~ ~i . ~'U' .~, I ',t\ ..'\. '-'"' en -.;... ~; .' - ~ c/ ,- !;# ..... ~_' ...... r-J :z: '0 .... -, vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACfION . CUSTODY 94-1778 CIVIL TERM , l- t CONNEE HEMPT. Plaintiff MICHAEL A. HEMPT, Defendant ORDER AND NOW. this tf' day of Novembcr, 1995. at the rcquest of counsel for the defendant. hearing on the above malter set for December 14, 1995. is continued to Monday, December 18. 1995. at 9:30 a,m. in Courtroom Number 4. Cumberland County Courthousc, Carlisle. PA. BY THE COURT. Maria P. Cognelti, Esquire For the Plaintiff CJ.ri Samuel L. Andes. Esquire 1~ For the Defendant "/8/4'1 :rlm ~....., . /IlL Hcv fl J 11 III '35 .~, . .;. :Fr,I;~' ~, ~~~ (.\: l'~ , ; ~: tj r'" t ~', It:, ~ ~ \0 '. },~~':' c..:;,,:::..::.~,~" CONNEE HEMPT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 1778 MICHAEL A. HEMPT, Defendant IN DIVORCE AND NOW, this ORDER OF COURT (brf( day of h t'/~ I '-- , 1996, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated February 23, 1996, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, . .J. ------ cc: Maria P. Cognetti Attorney for Plaintiff Ci't<'ooJ ",..,WA~ "';/7/cU,. .A'~ Samuel L. Andes Attorney for Defendant F:~ ".i' r;;C1f't: \ 11._.t'- , .~ll......,..\, ~ i I " , \,',. I~ ,- !' ,j ~, I U " ' .,' 1,1 , ..to d I ~J.>~~;;;~,: J'....\ I. " "'~ .. - "ii ~ II ",- 'a 'CO::g ,'I gt..3 ,,~ 5c.: dl ~ ~ d J! .:l III , .... a.i e.t .. " III J:J :e: '~ :z: " . ~ , ", . , ., 1 '.1 . . . ,'.' !2 ~ a ;::: c . I..,.. olli~r, nl .''-ori.. I~ ('u~IlI'"i P. II IllM fll(l, 1I..""hUfjt. 1\.:'n')h.ulI~ mOK IIhMI' 11171 !,U,~llI' ,._" "... . CONNEE HEMPT, PlaintitT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 94-1778 CIVIL TERM v, MICHAEL A. HEMPT, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7,1994. 2, The marriage ofPlaintitTand Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree, I verifY that the statements made in this affidavit are true and correct. I 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: ~/.l4/9b ~ d-l- Connee Hempt, P1a;~ /" Sworn to and subscribed before me this ~ day of ,1996, NOI~rhl Sea' f(~re~ A. Shariff, NO~1:Y PllbI'lC M .msbll'll, Dauphin Collllly Y CornmlBSIoii F.xpir.s March 9, 1 'lll8 MIlitia; ~AsGOi:iiiOi 0/ NoIlr1Oi . . . " """"'" ..- .. ~ i ~ II _ ""''''.. 'tI o~ 'm Bu ,,_ 5 . ~ [ c.: 0 d: ~ III .' . ... - ~ .. " III ~ ~ '~ :>: .., s .... .... ::J E' t:. "i , ..) ,-;; , , , ,-~l c~, .'. .., 1..\10 (Il1i~r" .., j\\clri.. I~ Cn~IlI"t; II. U Um. (1ft} lIarri!rlbur~. l'(nn\)'lwni. \":': ~ ()t...., (711~ . . . , . . . I,... . >~.-~, ........ .... -, . .......'---- CONNEE HEMPT, PlaintilT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 94-1778 CIVIL TERM MICHAEL A, HEMPT, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April?,1994, 2, The mwriage of Plain tilT and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce, 4, I understand that I may lose rights concerning alimony, division of property, attorney's fees or cxpenses if I do not claim them before a divorce is granted, I verify that the statements made in this affidavit arc 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, Date: 3 MA'I f ~'t/' ~(\~~~ Ichael A, Hempt. Defendant -' Sworn to and subscribed before me this ~ day of /J1t'r Y , 1996, """ ~ .z~ry Public M:mIIlI918 P\d:l '-.'::~~bdCclltV Myo.."t..DlElq:ir8lALQ.17.111ll6 :; .. ~ =a ~ II CJ'\ - M '15 'gO::!,!! ~ ~U ~ -Ii: ~ Oc.: r:: ! d is ,J III .' , .C - ao ~ j :z: 1 ,I '1 .) J ... \ ,.1 . , CONNEE HEMPT. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v, : NO, 94-1778 CIVIL TERM MICHAEL A. HEMPT. Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER o 330J(c) OF THE DIVORCE CODE 4. I consent to the entry of a final Deeree of Divorce without notice, S. I understand that I may lose rights concerning alimony. division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 6, I understand that 1 will nol 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, 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. ~ 4904 relating to unsworn falsification to authorities, DATE: S/oJfI It! (p f~ cfk~;;f- Connee Hempt, Plaintiff . '. . . . t .., .... '': ! u ~ a _ 'CO(7\ III 8_ '8 0 ::g,~ ";' Bu ~ - a 5c.; 0 I E ~ Ill, C '.. a.;; e.O .. " III .D ::e:: '~ :I: ~ . , . <>, \,.' . ~ (717) 2n.2111,\ . l..lilw lllli~'C'_ III j\\..ri., I~ CuglU'lli I~ 0. HI" bKU Itllrri~hur)l:. I;JII~)'h.itnla I7IOM OhK'1 , I I . , .' " CONNEE HEMPT. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94- 1778 CIVIL TERM MICHAEL A, HEMPT. Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 330Hel OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, I veritY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of I 8 Pa.C,S, ~ 4904 relating to unsworn falsification to authorities, DATE: 3 MA'f 19% 'N\\~~.t a\\~ Michael A, Hempt, Defendant , . . . 0, . ';: ~ II sa cO\t:: '0 'go(8.!! 52 ~t,;) ,~~ ~ Oc.: 1XI1 ::l ~ III d.t ;::: ,.0.; E .. e!> III .il ::e: 'E .. :c I....'ll OUkr'uf \\ ' JI (' ~ _.rld . ,uguc.ui 1',0 nllll. (,HY Ilu,ri..hurt:. l\'nm)'I\:iniOl 11IflH.()f)HI) --..---..-.. . -:2 - '2-1 - CJ .':,- iE.. '. ~ . CONNEE L. HEMPT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-1778 CIVIL TERM MICHAEL A. HEMPT, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT The following is the Income and Expense Statement filed by Plaintiff, Connee L, Hempt, in the above-captioned divorce. : THIS PORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on pages Band 9 of this Income and Expense Statement,) INCOME STATEMENT OP CONNEE L. HEMPT Employer: PA Blue Shield Address: 1800 Center Street, Type of Work: ~roarammer Payroll Number: Pay Period (weekly, biweekly, etc,): Bi-weeklv GROSS PAY PER PAY PERIOD: $1,775.00 Itemized Payroll Deductions: Federal Withholding: $ 223.92 Social Security: 135.38 Medicare Local Wage Tax: 17.75 State Income Tax: 49,70 Unemployment Tax 2.65 Retirement: 106,50 Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: (specify) Dental Insurance 7.50 United Way 2.00 Shield Club .25 Add'l Fed Withholding 5.00 NET PAY PER PAY PERIOD: $1,224.35 OTHER INCOME: ~ Month Ye.n Interest Dividends $ $ $ Pension Annuity Social Security Rents Royalties Expense Account Unemployment Compo Workmen's Compo TOTAL OTHER INCOME: TOTAL MONTHLY NET INCOME: $ $ 2.652.76 EXPENSES Weekly Home Mortgage Maintenance Repairs Utilities Electric Gas Coal Telephone Trash Sewer Employment Public Transportation Lunch Taxes Real Estate Personal Property Income Insurance Homeowners Automobile L:.\~;t ;11J.~:,' '- ',- .-.,",......~ ,o-A..,_""........ '. Monthly Yearly 528.53 50.00 100.00 120.00 18.50 18.00 11.00 65.00 123.00 16.00 24.50 52.00 EXPENSES Weekly Monthly Yearly Life 23.00 Accident Health Other Automobile Payments Fuel 130.00 Repairs 12.50 Maintenance 10.00 Licenses/ Registration 4.00 Auto Club Medical Doctor/Dentist/ Orthodontist 50.00 Hospital Medicine 18.00 Special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College . EXPENSES Weekly Monthly Yearly Religious School lunches 25.00 Books/misc. 5.00 Personal Clothing 150.00 Food 450.00 Barber/hairdresser 25.00 Personal Care Laundry/dry cleaning 15.00 Memberships 8.00 Hobbies 16.00 Credit payments Credit card 200.00 Charge account Loans or Debts Credit union Miscellaneous Household help Child care 90.00 EXPENSES Weekly Monthly Camp 4.00 Pet Expense 12.50 papers/books/ magazines 5.00 Entertainment 100.00 pay TV vacation 150.00 Gifts 30.00 Legal fees 360.00 Charitable Contributions 5.00 Religious Memberships Children's Allowances 52.00 Other Child Support Lessons for Children 20.00 Other Snorts & Snorts Pictures 32.00 20.00 4.00 $ 3152.53 $ Ski Club School pictures TOTAL EXPENSES $ Yearly '~T'_C'.,. ..._......',...'........ >~-,,-"l~.",~_jf' . I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4904 related to unsworn falsification to authorities. ~ A Con nee :.t~~~ I verify that I have reviewed this form with my client and to the best of my knowledge the answers herein are true and correct. . , CERTIFICATE OF SERVICE Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, hereby certifies that she served the foregoing Income and Expense Statement by placing a true and exact copy thereof in the United States mail, postage prepaid, to the following address: Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 ~~. Sup. Ct. I.D. #27914 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 Dated: February 17, 1995 . . . :a . , , . . .~ ~ Ci ~ a - '0 'ClI'J~.!! e dO'" ~ N RU 11_ N 5c..: ~ [ ::l ~.! ~ ": g .. e!' III .a :e: '5 :c . \ /1 , Low Offi<el 0( M...id r. Cognetli I', 0. nf,)~ oK9 Uarri.hurg. I'enn\)I\'uni3 li'IOK.06KIJ . . (717) 232.2103 ,,-- -... v. : NO. 94-1778 CIVIL TERM '".. CONNEE L. HEMPT, PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL A. HEMPT, Defendant : CIVIL ACTION - LAW : IN DIVORCE INVENTORY AND APPRAISEMENT Of CON~EE HEMPT PlaintilT files the following Inventory and Appraisement of all property owned or possessed by either party at the date of separation and all property transferred within the preceding three years. PlaintilTverilies that the statements made in this Inventory and Appraisement are true and correct. PlaintilTunderstands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsilication to authorities. ~Uk~~ Connee L. Hempt, PlaintilT r.~;~~r:;-'::,':~):'::C~:fJ'Xtlwt... , . '." ASSETS OF PARTIES Defendant marks on the list below those items applicable to the ease at bar and itemizes the assets on the following pages. I f an item has been appraised, a copy of the appraisal report is attached. ( X ) I. Real property ( X ) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certilicates of deposit ( X ) 5. Checking accounts, cash ( X ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneliciaries. ( ) 10. Annuities ( ) 11. Inheritances ( ) 12. Patents, copyrights, inventions, royalties ( ) 13. Personal property outside the home ~ J."~ >.?-;: . ,'~ ,,'-~".;.;.:'-';;i , (') 14. Business (list all owners', including percentage of ownership and officer/director positions held by a party with company. ( ) 15. Employment termination benefits. severance pay, workman's compensation claim/award ( ) 16. Profit sharing plans ( ) 17. Pension plans (indicate employee contribution and date plan vests) ( X ) 18. Retirement plans, Individual Retirement Accounts ( ) 19. Disability payments ( ) 20. Litigation claims (matured and unmatured) ( ) 21. MilitaryN.A. benefits ( ) 22. Education benefits ( ) 23. Debts you owe (and/or your wife or husband), including loans, mortgages held, etc. ( ) 24. Household furnishings and personalty (include as a total category and attach an itemized list if distribution of such assets is in dispute ( ) 25. Other . MARITAL PROPERTX Defendant lists all marital property in which either or both spouses huve u legul or equitable interest individually or with any other person as llfthe date ofscpurutlon: NATURE OF LIEN: Mortgage MARITAL PROPJo:RTY I. REAL ESTATE ITEM DESCRIPTION: 3790 Mountain View Road Mechanicsburg, P A OWNERSHIP: Husband & Wife POSSESSOR: Wife DATE ACQUIRED: 6/30/81 COST/ACQUISITION VALUE: Approximately $69,000 DATE OF SEPARATION VALUE: Unknown PRESENT VALUE: $95,000. See attached. NAME AND ADDRESS OF ANY LIEN HOLDER: Wilbur Raudebaugh EFFECTIVE DATE OF LIEN: Approximately 1981 PRESENT AMOUNT OF LIEN: $31,749.87 as of2/1/95 See Attached. ,..... APPRAISAL REPORT 01 3790 Mountain Vlow Rood Noehanleobura,'A 17055 Sumary Appralool "port PREPARED FOR: Connlo "..pt 3790 Mountain Vlow Rood Noehanlelburs.'A 17055 AS OF: January 25.1995 PREPARED BY: Mark E. Hllbart & Alloclat.1 5221 SWIl""" porry Rood Noehenlelburs. fA 17055 "CI.~'llJl.I''''''U n ched -;::::: ..;~ , c...."Cumb S ".~ U ~. ' ..- B ' . J n n, ~ 'n~rT e C .~~.. ~_M_V ...~.~~_ N/A T ".~. - 3790 VI.u '~A PA nn.. . - v.. 11'. uf1he t ~ '221 '..- PA ~M._ <0- -- .... - .....'........... "'-....iL --- .....1.. O~.. ".. n.'.., """'-21" - ~lOOOl ::11.,.., 0...,....., ~N..~' D~, O<_uo,,,. "- ~- - 0.- ,- I.~ 2-4''''', _ .:..~. ,.hl "'_1'.- ""'-' ~- ....... ,- .."""'....,- to, --- ......... ....- 0......' "'....10-....1 r I~ ~ c:--;::~ ". .'. I... ..h N ~ "-... h'.......................... _.... ......,_ e ......,...........".............__: Property 11 located along Howlt_in View Road 1n Hampden I Tovo.hlp.CUmberland Councy,Pennaylvan1a. 0 H 'tce.. "* -"10<<.... .......1....'.. ""..-'...................... __, 1..........-.... _c.., ---.......111_'. ......te.....w... '11_1. B Property baa good ace... to employment and ..rvlc... 0 R H a 0 a ....WI..."_....... ..............,..,.......... "'-If. ................. ,tII.... I............ .. ........, .......~,.... _...... __.. .~. ...... ~..__l...........~.~...................._...~a-....,l: Vlth the improving market. ..ller. are not required to offer ..1.. or financing cona...lona. Financing i. r.adily availabla from . variety of laure... i, v.".. ...A .~~., A ~.~ "" .H... ~ ...... , .......-.-..f\Dt .I...............~.........~......H_O"......"---...o"" DYM 0... U ,.....oII'I_.I....,........,.......""''''''''*INl".... N/A . AI/ItIf._.....~.,_I......"""""""....... N/A D ......,.....- .-.- ,........ NIl.. - Topography SlftNl.. t'n lPrnnt' ""AI.. 43,743,1 SO.P~. C.,..LIII DYM 00,,, Sill 1 A__. """'f..,....d_I~...~ -O-IrI...... Shop, I..... ....._ Ii] L.... ~ Leo..__..-.IOIIf1ff........... 0.... O,ein.g. "..-.....1.............. "-"... OO"".....1lIIiafII Vi.w ... S Utili... PubJlc Other 00..... Typ. "'bIl. Priv,.. LlncJlCaplng I onn ._ ~4\1...ilooIllla Dnw.., ...,_ T EI.ctrlcity Su..t Hacadam _.- E 0.. CurbJautt., Nona W.tll SldnrMk None FEMA Sp.t!. Rood H.,.rd Ar.. 0 V.. OONo :~~:~..s.::,.r Str..t light. None FEMAZontC MapO.t;-.,..,....-;-..-' 1 ..., :. c_~W'C........-._--.......-.................._...,--............"'.I: None apparent. Subject however to relervatioMI ea_ementa. condition. and right of way of record. a GENERAL, DES~:T10N EXTERIOR DESCRIPTION FaUNaATlDN_ BASEMENT "" INSULATION E No. of UNt. Found.don Al~k SI.. A". Sq. Ft. Roo' ~ B No. of Stori.. nn. Eat.norWIlI. C"wl Splct t,L" '" Finl.hed " Ceiling C Typ.IOI1./AtI.) Roo'Surf,cI I ~ Ba.em.nt 1.'..,,-' C.Iling Wall. R I DIIlgn 15tvll) A-I _, .....1 o...n....O..,.... Sump Pump w... Roor p "-- Window Typ. D..-npne.. Aoo, "'~.. None T Ag.tYII.) ~ StOrm/SCII'''' S.IU.ment Out.id. Entry Nn ",,-, I a '" ,-.- . .. .... I" ; N a 1217 F ;-:: A... "" -;-: I M Fini h r ........... ntAt4. t'~fll..".. 3 1'''O_'~I--: am". p , ;', , R INTERIOR ......,....'1:_,_ HEATING KITCHEN EQUIP. ATTIC AMENITIES CAR STORAGE a FloOI. Typ. :!: R.big."tor iii Nons Fillpllcl'.1 ,*** NoneliJ V e Wille Fu.l Rlng.fO""." 51.,. P.lio a".g. ...c:.. M fllm/Finllh Ck.pOI. Drop St., 00.. "'-- t Bath Floor COOUNG o..hwllher Scultl. Porch Covered N C.nl'al'-..,...... ...-- T Iw.W_ec F.nlHood FlooI Fene. ......- . Dool. ".",,;; V""" Other MlCIOW'YI H..t~ I~. lna:round C.rpon -;-- . PoA"" v... IW.'h.' , FIN h--" I nn..w.. .- ......_,........~..-.,.ll_,,_..IrISkylite . *** Pireplace 1. NOT u.able unle._ u.ed with a WOOd/coal c insert. 0 C_to....l'-_.._........CO_~...'-I_.......II......U.._..............I,.._WC1>If\.~....._..u No evidence of M functional or external oblole_cenc.. Subject i. in need of lome repairs and a complete M e re-decorating. Fire box in fireplace should be replaced, vell pump needa repaired. N Landscaping should be up-graded. Subject i, tn Fair to Average Condition. T . /l4....._.._.I__~..........--..I..IIeo._.-.I_....._..I.I.._......_..._...._............_..._I'..I,..~I ~=;~~:~~ ~~~, no ^:i:~~1.e or apparent advers. environmental condition. that would negatively II v U'" .~-- i.~.... .._..."'......ro.n M' . ..~..._...:... Mark E. Hilbert & Assocletes P'OP.,ty Dllcrlption UNIFORM RESIDENTIAL APPRAISAL REPORT IIEIIPT FII. No. 9~010HH ..Iloctw""" llIJI4.1I."1.1 '.1,1 '_....'_ICO"...,1.1 <.w... ~. .,''W'>' V~ SMUon Mlrk E. Hilbert 8& Alloellte. UNIFORM RESIDENTIAL APPRAISAL REPORT 11] HUl lAne DIl'_" e,p.K,L. >d. No, 950l01Ul ComnWlI)'1 on COil IoPPfOach ll"ch II I~'C' 0' cOil 1.llmlll. till Vel"l. lqu." '001 celc"I.Uon and 'or HUD, VA, and FmHA. 1M ..~mal~ ,.mairlng .conomic Ill. 0' Ih. proplIlyl: In reproduction COlt of ~roYe~nt. Karlhall 6 Svift Handbook and locel contractora are referenced. The depreciation of in Bround pool i. reflected in the depreciation aection. 481] Brian DrIve 4B6l Vlra1n1a Road UTlMATlD SITE VALUE.. .. .................... _ I C ESTIMATI!D REPRODUCTION COST.NEW OF IMPROVEMENTS: o OweWng 12U Sq. FI...' 43.85 _ . 54.023 · B...m.nt 1232 Sq. Ft..' 12 .00 _ 14 184 T Porch I!:nc1o.ed Poreh In Dr. Pool 20 000 A aa"gelC.rpon _ Sq. Fl. 0 . p Tal" hUmll1d Colt NI"" .. . , . . . . . . . . . . . . . _ . 88.801 , R PhVlICIl I F"ACllonel I bIll"" o tin 24 I A Dlprecllllon 21. 313 _ . 21 113 ~ Dlprecilled VeI"l 01 ImprOY""'nl. . . . . . . . . . . . . . . . . . _ . "A..il"VaI"loISllIlmplOYlmenll ................ _ . ~1.lU_"- t~!'.;~..4::. ;'ttIt.t_~r: O~-~; elC_.... ~,"H '..~~ ' '. . J; c_...s..c.......-~""-...a~"'*"..~I''''',..,......,IUJ: Comparable. .alea available vithin a rea.onable diltance of the lubject. . , 1_..,--- ,- e,p,H.L. "--"'- '-,- ._.,........ Pull "-....."'- . " S A L . S .. e o M ,~ A R I S o N " Porch e,p,H.L. DOlI 20 DOH 52 JI.lII,'_,o.u.. +1.200 +1.200 Pull Pull +1.500 Patio . . ;~',~;~:;{.~1L cho.en vere the best cloaed A N Subject il on veil/septic which i. typical of the neiQhborhood and doe. not adverlely tmpact A marketability. ~ y . I S The lack of storm lewerl, curba. gutterl. lidewelka, and/or atreet llQhtl il typical of the ne1Qhborhood and doea not adverlely impact marketability. The property' a heat1n&. and electrical Iyatema appear to be functionlna properly to the beat of the apprailer'. knowledge and expertile. It 11 noted that the price per aquare foot of Bro.. living ar.. for comparable No Ca). ___3______ varie. by more than '10.00 per lquare foot compared to the lubject. The comparable. cholen are the belt available. The vacant land in the ar.. il chang1ns to Itnale family and doe. not have a negative effect on the value. I am unable to verify the lnIulatlon 'R' factor. The prelence of 11lU!'.A..POllKAlDEHYDB FOAM INSUUoTION could not be deumlnad. If UrPI b praaent. tha apprabel mar""t valua may be adversely affected or voided. Any information about insulation atatad on the appra1aal v.. provided by inapection. awner. or asent, and 11 aSlumed to be accurate. . 0 v ,..............JO '.n o do Ca . ..tI.~UJtoll dUI....nn 'III" "'n'.... ,.'" 1004 .., "-'-- V-..oon leGaon Milk E. Hilbert & Alloelllll UNIFORM RESIDENTIAL APPRAISAL REPORT fll. No. 850IOMH i,;; have the neu..ary equlpunt to te.e for the pn.ence of .aII!!. If a future teat .how. .~. unacceptable. level. pf ladon prl..nt. the appral.ed market value may be adver.ely effected or voIded. :. Ple..e be adv1led that In the market data analyd. arid, bathroexu are IdJuated for on the A 'L'! f!.rat line and aro.. 11vinK aria/room count are adjuated tasether a. a _!nale adJu.tment on i.;, the ucond line. I e o M , A R I' . o 't A N A '~ ,V I I . &Ilel Ire flrm in the ana: however III&I\Y re.alel have FHA/VA and concelllon flnanclng. 'Ile. vere uaed after adjuatmenta vere can.ldered. 'lbe.e All comparlble .ale. are .Itcled to the bl.t of the appral.er" Ilnovledse, VerlUcaclon of 0_.........0... ...............- ....,...,.."....... None NIA None NIA None NIA None NIA ANtyM.....,. _........-- 11......-............... "......,........,.. II...,. """..."..................... _""-' _,.."........ II ........, N/A aHDtCATED VALUE BY SALES COY'AIUION APPROACH.............................................. . T.................. .....I.....,.,....,.........~.................... ......".....--....................... e___.. ~_"ITh. appraiaer .'IUlUI a marketable title and that aU of the equipment a'loclaced vlth the improvement 11 in vark!na order. R """""-'io_:The uarket approach reinforced by thl COlt approlch La a aood indlcator of 'alr ~ Market Value. Thl face that the IIUer 11 or 11 not payina any portion of the clo.inS COltl o ba. no efflct on thla apprll.al or rllale. N T...~_ III _ ........,,_...-wI._.. ......"......, "*.._..... ,,_'..-t...... ,"IN ___tnlllllol...............,.................. "r. ......._..........'-I.....~tNI.......IrIIN..I.................."'.IIIf.........f_IODol."""""" 6/93 ~ I A T I o N . . . I rwn ESllMATE T1iE AS DfRNjD. OF THE RfAL PROPERTY mAT ts T1iE SUBJECT Of nas REPORT. AS OF '0I.fi! OFINSl'<Cl1OH ANOTHf EfRCTlVE OATE OfllilS IW'OfI1lTO lIE . 95,000 ~ NftWIIJI~~'t If "IQ~OI ....... .- D.. ",",I .... .... e.w.c...... Clfll..~, 0... 0..... -"-' ............4 ........ .- O_"'-1......J.nuarv 27.199S lI_e.nh_,RL 000388-L Ir-,.PA 11-,. Olll..w-' II... II... ..tI.""""___ Ta JIoO.' 1l1.'....rr., "'...12 ._....'....100<1.., Mark E. Hllbart lit Associates FiI.NO.~ I ::~~~:~~'~..gat~~~ ~lE:~~.rl.nd hnder Conni. H t Sial. PA liD C:od. 17055 ADDENDUM B APPRAISAL CERTIFICATION I cortUy that, to tha b..t of my lo1ovl.cIa' and boll.f. the ltat.ment. of fact contained in thb report are true and conlct. tha reported ....ly.... oplnlona. and concl...1on. are lWtod only by tho toport.d Illumptlona and Ualein. condltlona, and ar. 11I1 par.emal. unblalld prof.l.tonal analy..., and conclualonl. I have no (or tha ,poclfi.d) pre..nt or pro.pocUve Intore.t In tha proporty thet 10 tho .ubJ.et of th10 report. and I have no (or tha .pocUlod) pora",,"l Intor..t or bl.. rith r'.pect to the paRlI. 1nvolvld. my compln.atlon b not conttnaant upon the reportlna of . prad.t.mined value or dlrection 1n valu that favorl the caUl. of thl client. the amount ot the value ..tlmataf the It.ta1nzHnt of . Itlpulatact r..ult, or the occurrence of . lub..quent Ivant. the apprabal ...lgtuunt v.. not ba..d on . requelted minimum valuation, I aplclflc valuation. or the approval of . loan. . my analy.... op1nlona, and conclullonl vare deVeloped, and ebb report baa bean prepared in conformlty wlth tho Unlform Stondar41 of Prof"'l",,"l Approl.ol Pr.ctlco and .1.0 requirement. of the Code of Profe..ional Ethic. and the Standard. of Prota..ional Practica of tho Appeal..l Inatltuto. the uae of thla report b .ubject to the requlrementa at the Apprallal In.titute to review by it. duly autbortsed repre.entati~.. I have (or have not) ..41 . por.onal In.poctlon of tho property that 10 tho .ubJ.et of th10 report. no ono provlded .1gnlflcant profo..lonal ...l.toneo to tho per.on .1gn1ng thl. report. (If there are exception.. the name. of each individual providing .ignUicant .llbtence muat be .. Itated.) a. of the date of thb report, I, _Mark E. HUbert have completed thl requlrementa under the continuing education progrlJll of the Apprai.al Inatitute. A review of thb agreement of .ab. ba. been detemlned that peraonal property itUll, and/or Inronalblo 1...... thet .re not rool property. HAVE NOT boon Includod In tho .Sr.......t of 0010. Pononal proporty It..... and/or Inronalblo It.... HAVE NOT bo.n conold.rod In d.tot1llln1ng tha .ubject. e.ttmAted markat value. .................................................................................................. NO YES l. _X_ 2, _X_ ], _X_ Th. aubJ.ct .old dur1ng tho lo.t year. Bal. prlc. , Dato Th. aubject va. li.ted for .al. .t the tlme of tn.pectlon. U.t1ng prle. , The aubject va. tauter agreement at the tta. of inlpection. Agr....nt price . J.nuary_25 ,1995 Dat. ~~ Appr.1oorA ~,~.~ (X) dld ~~ ct property ,-~. ...C..IIodw.......urWlll IJUI...nu ---- :Ilt ~--.. i i j j [ Mark E. Hilbert & Associates J:\~!}\;:, ':"'~':'\'.'>f:-~ "-"-";'''-'~~ · "~f~~~'tl;;fiS~'l'l\1iA!:>>I)ENDUM;TQ:AP.PRAISAl;'.; APPRAISAL REQUIREMENTS MANDATED BY FIRREA I cenifV \hIlthe Ippl-'." conform. 10 lhe Uniform Stand,rd, 0' PrO'"lional ApPf.... Practlc. IUSPAPJ promulgltfd by 1M Appr.1aI atandard. Solid of 1M App,..... Fowndltion. The ,ubi-CI 0 1111 Ii) U. noU Ii,tld fat ..... Ihlli't1ng pric. I. . period of the ,witel proplny I, . My ItbINl, of the "..aMbl, mtrtl.,tlng If In ~p'oach 10 .....u. WI' not Uled, Iht following I, In I.planlltlon why 11 WI' nol con.ld.,ed. COlt: tMrk,t: Income: n/a The appral." ....gNnenl 0 ,..., IiJ CWII nolJ b..ed on ,.qua.ted minimum 01 spIcUle \llIu,tion 0' on the _'0'1. 0' . lOin. I 0 1~"'.1 iii (htvI nol liNnei" lnlt,..tln the lOin ',.nlactiOR Ind do not Il'nd to baNl:!II" InV \Iuy from 1"- vII". pleced on the PfOPlrtV. I (i) (hanl 0 lh..... noU included I "pt'ltl ....."'"'n' ol~..onel property. fiJl1ur.., 01 Intangibla IIams w~ch a,. a"ached to or localad on the- r... Pf~rty. Tha.. 111m' U Idol iJ Ido notJ alf.cl the INrkal v"u. of lha r." prop.rtV. Anv ct..liv. flnanclal or ..... cone...lons lhal ." known 10 lhe ~tli." ha", ba.n ~ju'lad In lhe comparabla. of lhi. appr..a.I. In P.rfCtming lhi. APIIt..... I w.. nolabl. 10 "~.w the: Taxes (in..rt N/A If In8Pj)licablal Th. above llama .houtd ba obtalntd bV the I.ndar when t.v1a""ng the eppr.... ,&port. Thi. appral." va.luatlon of lhe IUbjecl prop.rtv I. In an .... I." condidon II of the d.t. of Inspection. I c.rtifv that I have the appropriate knowledga and axpari.ncathal wa. nec....ry 10 C~ata IhI. ..slgtvnant. ~ !lark .. Ube t . Januarv 25.1995 DATE 11111 appra1la1 report confOnlli to the Uniform Standard. of Profe..lona1 Appra1aal Practice (USPAP) adoptad b)' the Appralld Foundatlon. lbe builder/.ellar b peying and/or $ " point. ($ ) in tone.ulon. on the .ubJect property. lbe following pereOllll property. flxturu. and/or intanglble lCeIlll are not included in the appra1aed value but are a part of the lale of the lubject property. ITEII 1. aefrigerator 2. Range/Ovatl/llood 3. Dlahva.her/Dl.po.al 4. Walher/Dryer ESTIllATED VALUE $400,00 $425.00 $200.00 $400.00 It .hou1d be noted thet the appraber II creined in the valuation of aul Property. not Per'OIIIl Property. therefora. the above e.t1mated value. IllIY heve dlcrepancle. from real value. .....'" "CI."""----".'1Oa1 UI4'''.J'" l..:!"S.t~ - BOfrow.r/Clltnl ProPtrty Addr... ClIv Lind., County SIll. BUILDING SKETCH <I" t"/lI!. Fe {fa.. h V 84111 ~LJ@] ':,00 } "0 80 /? u, IVI, IJ/,,~"(' n I 1tIf..,1 k.....:J /. II/I oICo I? {)(J 111 8e"/) t?""'I) p~/~~h ill-' f ,. A/. slM' fA "fit. V R lIO 111 " .~ II '" IV /J I? v I SlOIi'AG6"" BcD j~ ()(' 111 '1'/ I (j~" p R()O(ll. (.. .^.~ L"",~$'I~.. fU.. ZIP Cod. ,0 q- ..... z- 'i" ~ '2-1( t" ..~ . "". ? z ..... c::. :.~ ~;,Jlt. ~..~" ' ~,J I:....~ :.1 !.~I:r.!;' .'-~ ;:i!',~, :. ;3:: ~.' .~_: '.0:-"1 ., ~t.I.;"'1 ..-;rJ::: " :.jb '. .:.,. -, a. '" INSTALLMENT SALES AGREEMENT ..b. e -J ~., -,.. -" - CI:J .")^-t"t ~ THIS AGREEMENT, made this ;)\..1 day of Vk?_- 1981, by and between WILBUR E. RAUDABAUGH, of pden Town- ship, Cumberland County, Pennsylvania, hereinafter referred to as "Seller" and MICHAEL HEMPT and CONNEE L. HEMPT, hus- band and wife, of Hampden Township, Cumberland County, Pennsylvania, hereinafter referred to as "Buyers", , THE PARTIES HERETO, with intent to be legally bound, do hereby agree, covenant and represent as follows: 1. SALE AND PURCHASE. The Seller shall sell and convey to Buyers, who shall purchase all those certain lots or pieces of ground with improvements thereon erected, commonly known as 3790 Mountainview Road, Mechanicsburg, Cumberland County, Pennsylvania, as more fully described as follows: ALL THOSE TWO (2) certain pieces or parcels of land situate in Hampden Township, Cumberland County, bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin on the Northern dedicated right-of-way line of Mountain View Road, said iron pin being at the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the said dividing line North 02 degrees 29 minutes 57 seconds West, one hundred eighty-four and thirty- two hundredths (184.32) feet to an iron pin; thence North 85 degrees 47 minutes 50 seconds East, one hundred and zero five hundredths feet (100.05) feet to an iron pin on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence along said divid- ing line South 02 degrees 29 minutes 57 seconds East, two hundred nine and sixty hundredths (209.60) feet to a point on the Northern dedi- cated right-Of-way line of Mountain View Road; thence along said Northern dedicated right-Of-way line of Mountain View Road North, 79 degrees 55 minutes 27 seconds West, one hundred two and forty-six hundredths (102.46) feet to a point on the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING Lot No. 2 on the Final SUbdivision Plan for Wilbur E. RaUdabaugh, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 32, Page 44. HAVING THEREON ERECTED a dwelling house. TRACT NO.2: BEGINNING at an iron pin on the , \ 'J j .1 . . . Northern dedicated right of-way line of Mountain'. View Road, said iron 'pin Ueing on the dividing . line between Lots Nos. 2 and 3 on the hereinafter mentioned plan of Lots; thence along said dividing line North 02 degrees 29 minutes 57 seconds West, two hundred nine and sixty hundredths (209.60) feet, to an iron pin; thence North 85 degrees 47 minutes 50 seconds East, one hundred and zero and five hundredths (100.05) feet to a point; thence South 02 degrees 29 minutes 57 seconds East, two hundred sixty and fifty hundredths (260.50) feet to a concrete monument on the Northern dedicated right-of-way line of Mountain view Road; thence along the said Northern dedicated right-of- way line of Mountain View Road, North 79 degrees 55 minutes 27 seconds West, one hundred two and forty-six hundredths (102.46) feet to a point on the dividing line between Lots Nos. 2 and 3, the place of BEGINNING. BEING Lot No. 3 on the Final Subdivision Plan for Wilbur E. Raudabaugh, said plan being recorded in the Cumberland County Recorder's Office in plan Book 32, Page 44. BEING the same premises which Wilbur E. Raudabaugh and Alma V. Raudabaugh, husband and wife, by their deed dated February 2, 1981, and recorded in the Office of the Recorder of Deeds of cumberland County, in Deed Book "H", Volume 29, page 715, granted and conveyed unto Wilbur E. Raudabaugh, the Seller herein. upon the following terms and conditions. 2. PURCHASE PRICE. be SIXTY-NINE THOUSAND NINE which shall be paid to the The price or consideration shall HUNDRED ($69,900,00) DOLLARS, Seller by the Buyers as follows: a. The sum of DOLLARS, on the signing of Estate, dated May l, 1981, ledged; and ONE THOUSAND TWO HUNDRED ($1,200.00) the Agreement for Sale of Real receipt of which is hereby acknow- b. The sum of FIVE THOUSAND ($5,000.00) DOLLARS on the signing of the Pre-settlement Lease Agreement, dated June 2, 1981, receipt of which is hereby acknowledged; and c. The sum of EIGHT THOUSAND EIGHT HUNDRED ($8,800.00) DOLLARS, at the time of signing this Agreement, receipt of which is hereby acknowledged; and d. the balance of the purchase money, FIFTY- FOUR THOUSAND NINE HUNDRED ($54,900.00) DOLLARS, in one hundred twenty (120) equal monthly installments of FOUR HUNDRED TWENTY-THREE and 72/l00 ($423.72) DOLLARS, and Mark E. Hilbert & Alloclates '"~ No, 950101Gl DEFINITION 9F MARK~ VALUE: The mo'l p'obebl. PliO' which. properly.~ bung In . comp.lun', Ind Opt" milke' unci., aU caMillon. requisit. to. 'iii, ..... the bv.,., Ind ....er. tech ecllng pNd,ndv. ""twl~Qe"V.net '''UII'lIng the pilei i. not ,"Ielld by und~. .lImu6u.: ~Glt In u... d.I"'Itlon I. the OOnMtlMWllion 0' . .... II at . 'plcllied dill .nd 1M pI.Slng of tld, "om ,"111 10 bvy., und,' candiUoRl whtr.by: 11 I bu....r Ind .eII" If. typlollly mouvlled: 121 both parti.. '" w~ In'orfMd 01 w"lldvt.ed. .net tech acting In whllt he oONld." hi: .w" bell lnl....l; 131 . f...oMlb6, time I' ".wld 10' Il.pOlUf' In the open ,,*,,'1; 14J paY' rNnl I, rNd, In 'InN 01 Clth In U. So doll,,, 0' In ,,"'" 01 Iuulnclll "'lngtIMnl. Comptfeblt Ihe"tO: end 15) IhI plio. '.p"""f. the nomwl con.ad,"tlon tor lhe p,optrty .okt unaff,cltd by .pecilll Of cr..lIve financing .. .... cone...ion.. gr.nlMl by anyone ." ..dlled with IhI ..... Ad,.,.UTMnl. 10 I~ cOlrCl.r.... mu'I 1M m4td. 'or .ped. Of cf..lln Ilne~ng or .... cone...iOM. No IdjU.lfMn,. .,. Mce...r; lor lho.. co.l. wNch .,. nonnelly plld by...." .. . relUlI 01 Irldllion or I.w 'n . m.r\.. ....; ,~.. co.,. .re reldlly kI.nli'ilbl. .inc. I~ .~I" P'Y' nl", CO.I. In ~rtu.uy "I ..... I"nllclion.. Ip.eI. or cr..lin finencJng IdfU'I""nl' c.n b. m4td, to the COlrCl.,IbI. property by COlrCl"'fOn. to liNnc,ing t"",, otllfed by. third plftV 'netlluUonell,nd" lhell. nol Il".oy Invotwd In lhe property 0' Iran..ction. Any edju.lmlnl .hou&d not 1M c..lNI.ted on , rntehenio.. dolt" ro, doH" CO'I 01 the llnaMlng 0' oone....on. but the d~l" IfTWM,lnl of ,ny ldiu.lmInl .houkI epp,oaimel. I~ ""B...'. "lOlIon 10 the flMnclng 0' cone...ioN b..1d on the epp- ,1Ii..r'. tudgmenl. .........._.It .., STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND UMlnNO CONDlnONS: The IiPPf",,,', c.mlic,lIon thet eppe....ln lhe IPP'.... report I. tubteotto the loIIowlng condlllo",: 1, The 'PIIr....r WIU nol b. "apaMibl. lor """'" of . IIQII nelu" Ihlt ''''CI .the, I~ property being IpPr...ed or the IICI. to il. The 'IIP'.,.r .."'",.. lhel the lid. I. good end """,.t~. ,nd. ther.for.. wliI nol rend" any oplnlONl about the till.. The property I. appo r...ed on lhe b.... 01 " being under relpO~' OW","hIp. 2. The IPPf...r hi. provided I .hlch In lhe eppf... r~rt 10 .haw 'llProlUtnlit. dtmenaloM of t~ imprOYlfTMln... end IN tkllch I. Included only 10 .."" lhe f.ld" ollhe feport In 'A~"Jlng the property.nd Und"ltendtng the epprlli.,,', dll.rmi",lIon 01111 Ii,.. 3. The apprllil" hat ..wned lhe .v_abl. noad mIpI thet .... provided by lhe Fed".. lmergency Maneg.",.nt Agency lor ot~r d.t. .ourc.I' .nd h.. noled In lhe eppr.... 'eport whither the tubtectlil. I. loc..ed In ,n Id.ntlfied Sped" Road Hlllrd Are.. Bec..... IhI apprlil" I. nol . tufWVOr. he or lhe mek.. no gu.,.nt..., .ap".. or lmpIled. regarding thI. d.t.rmINlUon. 4. Th. .,pr....r w"l nol gin t.ltImony Of"''' 'n court b.c..... he or .hI med. ,n eppfllil" 01 thl P'op"ty in qu..llon. unl... Ip'Citio "renge""nl. to do 110 hln IM.n mid, IMto"hand. I. The .pprai.., hll ..tlrnaled IhI V"UI 01 IhII.net in thl co.t ",PfOICh It '" tight" .nd b..1 UII .nd th.lmp,on""nt. 11 thIi, con- tributory vllu.. ThI.. ..p.,.... Vlllultione of thl land end lmprOvtrnlnl1 mu.t not 1M ulld In cOnjuncllon wl1h 'ny other wr... end It.'nvlllid II they "' .0 Uled. e. The Ippr....r hi. noted In the ~..... report MY ednr.. condrtion. lsuch... needed r.....". d..d.tion. lhe pre..ne. of hi,.,. dCKlI WI"". loaio tubllane... I1c.1 ob..fYId during the Int,plction of the subject prop.rty Of IhlI hi Of .hllMc,,", .WII. 01 d..,ring th. nolfNl rll'''ch Involved In p.rfonning the 'llPf..... UnI... olherwll' 1I.led 'n thlepprli... ''POrt. the eppr...r he. no know. 11d~ 01 .ny hickI.n or ul\IPPIl.nt conditiOtll 01 the property Of Idn". .nvirormenttl conditiCN'll (including thl pr...ne. of ht,lrdOU. WIll... lolrio tubltlne... IIc.1 thel would mall. thl prop.rty more or I... vllu8bl.. .nd he. ..lUmed thll the" If' no It.lch condition. Ind """'.. no gu.,.n.... or ""."....11... .ap".. or ~Id. 'qlfding the condillon 01 the pfOplrty. The .r.I" will nol tM rllpon- Slbl. lor any lueh condillons thet do ,alII or lot any .nginuring or ...ting thet mlOht 1M "qulrlcl to ditcover whither .uch conditions nill. how.. thlepPf..1f I, nol en 'Jq)lrtln IhllllkI ol.nvbotmln,1I halard.. IhI eppr.,1I "port mull nol b, COl\lldlled .. ,n .nviroM'\lnl" .....lmInl of the property. 7. The; ..,pt..1f obl.ned thllnlOffMtlon. ..llfMt.., 'nd apinlo", thel wa" ,.p""1d In IhI 'llPr.,.. report I,orn .ourcII thlt he or IhI con.id". 10 1M ,Mi~. end beIi...... them to tM lru. .nd conKt. The 8IlCIr...r do.. not ...ume re.poneibdity ror thllGCUflGY 01 I..,ch 11.",. thlt w." Iutflllhld by othlr p.rti... 8. The IPpr...r will not ClitclOIl the conllnt. or lheappr..... ''POrt ...cept II provided fat In the UNlorm SlInd,rd. 01 Prol...lonal Appr.I" P"cUe.. e. The Ipprli..r hi. blled ti. or hlr 'Hr.." "port Ind v.u.tion condullon lo'.n 'PPf.... the. I. .ubject to 1I1I"lGtory comp- Iltion. "p.re, or "tllllionl on the lleumpdon thet compl.tion 01 thllmprOYlmlnll wll b, performed In. wortmenlilr.. fnlnner. 10. The IPP""" mult provld. ti. or ~r prior wtinln co",.nt b.lo" thll.net,,/cli.nl .p.dlied In thlepprllll' report o.n dl.ltibut. the ..,pr.I" "port (Including conclutloRl Ibout the p'operty ....... the 'Wr...r'. Idlntlty .nd prorltlionel d.lloneUant. Ind "'"'ne.. to 'ny prolllllonll 'llPr.... orgenl,ltion. or t""irm with which thl ~rlli..r I. ...odlledl to Invon, olhlr then Ih. bonowlI; th. mong.g.. or It I 'UCC'''O''lnet ....gnt: thl mortg'o.lnsurer: oo",ul1,nt.: pfol...lonel appr.... O'Olnlllllo",: Iny Itll' or fed,,"'y approved finencl" lnatihdion: Of any depaftmlnt. egeney, Of' IRltf\IfMnl"ty of the Unltad SII... or .ny It'.. or thl Dilujct 01 CoIumbi.; nc.pt thet the l.nder/eIMnt """ d1.lflbut. the property dllcrlption ..cllon 01 U,. IIpOrt only 10 d.11 coll,cllon or llportlng "MceCI' Without having to obl.n the eppr...r', prior ""Iillln conllnl. 1M IPPr..,,', wlinln conunt end appro..... """" 1110 b. obllil\ld IMfofllhl eppr.." eM be conwYtld by '"YO'" 10 IhI publo Ilvough Idwttl"ng. public rll.llORl. new., ....., or other medl'. "ca.~,. llOlllJl.I...llll ..ct'_le. "",'tlt ._......_1004.." Mark E. Hilbert &. Assoclatas APPRAISER'S CERTIFICATION: The Appr..., urtll....m .gr... ttwl: 1. I hIi.... '....rched the .ubite. merlla. .f.' and I...... ..acled . mlnimwn of thr.. IIClnl ..... 01 proplrtl.. molt tlmll" and proxlmalt to lhe aub)ecl prop.ny 'or DoMld.r.tion In 1M .... companion lnelysl. and he'lll rNd. . d~l.r .diu.tm.". when approprlltl 10 ,tn.et the min.,. '.lOtion to tho..lt.mt of lillnmclnt \lafiatlon. II. lignlflce". II.m In I complrebll prop.ny I, luptr. 101 to, 01 mor. Inortbl. th.n, the tub}tc. prop."", I hive rMdl . ",gltivI edjultment to ,eduCt lhe .d1U'led ,II" price o' the compo "tblt, and II . tignUie.ntll,", In I compallbl. ptoper1y 1,lnl,riot to, 01 I... t.vorlbl, U""'M .ubjlet property. I hlVI mad, . po.' .ti.... Idjultment to 11101.... thlldiu"td ,el" pric, of the comp.,IbI,. 2. I htI.... ,...." Inlo oonlid.r.tion the 11G10" tMI hot.... an ImpICI on ValuI In my dawlopmtnl of the .,timllt 01 mllklt '1111"1 In 1M tppl.... r.port. I have nol knowingly wllhMld any IigRllie.nllnlormaUon hom lhe appral." r.porl, .nd I beli.ve, 10 lhe b..l 01 my knowledg.. lhel ... 1l.llNNnl. .nd InforTnlUon In lhe .ppr.N1 "pon "' IN' .nd eouKI. 3. I .t.ted In lhe appr.... "port only my own pel'Onal, unbl..Id, and plof...lonal .nalpi., opinion., .nd eonolulion., which ar. .ub- leCI only 10 lhe eonllnoenl and IimIllng oondlllona ....dliad In lhi. lorm. 4. I heve no pr...nl or pro.pecllwInllll.1In lhe plop.rty lhal I. the lUbitOllO lhi. IIpon, .nd I hlv. no pr...nl 0' p,o.p.eUve per. .onal Intt".1 0' tit.. with r..peello lhe panlclpanllln 1M 1I1N1C1I0n. I dad nol ball, elthe, p.n.lal1y 0' oompl.llly, my .n"p, .nd/or lhe ..timat. ollNlrk'l v"u.ln lhe appflli... llpon on lhe flC', 0010', religion, .... hendiC8p, f.mU.. .1.lu., 01 nallon" origin or IIIMr 1M pro.p.cll.... owne" Of oocup'III' 01 lhe ....bjlel propeny 01 olth. pllllnl OW".II 0' oocup.nl. of lhe prop.rtI11 In lhe vicinity ollhl .ubleCI properlY. IS. I Mv. no pr,"nl Of conl."...led luhU. inl"..lln lhe .ubitel prOJll'rly, and neilher my curllnl Of finulI "",,,oynMnl nor my comp.nlltion for performing lhi. IPP'.'" i. conti.nl on the 'Wrlli.1d v"u, at lhe prOJll'l1y. e. I w.. nol r.qulred 10 r.port. pred.l.rmlned ...""'. or dlr.ctlon In velu. IMII.Wllthe Caull 01 lhe di.nl 0' .ny rallied p.ny, Ih. amounl ollhe v"u, ..lImIt., the .U.rwnenl at . .padlio f..utl, OIlhe occurr.ne. at . tubllqu.nl .venlln order 10 rectlve my camp'M.llon 'nd/or ampIoymenllor p'rforming lhe '"'f..... I did nol b... lhe IPPrtl... "port on . "qu"lad minimum v"u.lion. . .p.cifio v.u.tion. 01 the need 10 appro.... . .J!ftlfio mortgaga loan. 7. I p.rlonntd lhi. apprtllllln conformilY with the UnlfOlm St.ndard. 01 Prof,"iontl Appr..a1 Pr.clic. Ihll Wtl. edOPltd .nd plO< mulg.led by lhe Appr.N1 allnd.rd. Bo.rd 01 The Appr.." Found.llon .nd Ihll WII' In plac. II 01 lhe .If.clive d.t. 01 thi. tpp,..t1, with th. ..c.plion 01 lhe d.p.nuII provision 01 U\O" Sttndlld.. whioh do.. nol tppIy. I .cknowledg.lhel .n ..lImalt 01 . ,...on- ~. lime '01 ,.po.ullln IhI op.n mark'l I. . condllion In the d.lln1tion 01 ""rk.1 ...aIu. .nd the lllimal. I dav.loped I. conll.l.nl wllh the mark.ting time notld in lhe neighborhood IIction of lhi. "pori, unl... I h..... othtlwi.. .t.led In lhe "concili,lIon ..clion. 8. I hav. p,"onally in.p.eled tht int.rIor and ..I.rior ar... olltlt ."b1-cl property.nd thl ..t.rio, 0' all propartiaati.led I' complr' ..,... In the apprlli.81rtport. I rurtMr c.rtily IMII h8w noted Iny appar,nl or known ed....,.. condillons In the .ubJ-ellmproWlMnla. on lhe subjlel ..t',or on Iny tilt within lhe Immtdi,t. vlclnlly ollhe .ubJ,cl property 01 wNch I am IWllt and he.... mad. edJU.tmant. lor tM" Ildvtllt. condiUon. in my .ntIV1i. Ollhl p'operIY ValUI 10 the 1...nIINII h*' merk.t .Wllnel 10 support lham. I "'.... a1'0 eomm.nted .boYllhe .1I.el ollhe adve'" condlllon. on lhe mark.tabdlly ollhl subjecl p'orerty. 9. I p.,.onelly prlpared aU conclullons Ind opil'llons eboullM ..a1 ..l.t. lhal w... ..llonh In Ih. 'Pilf.." Itport. If I relied on lig- nifie.nt prol..lional ..till'nc. IIom.ny Individual ollndivlduall In tht performanc. 01 the IPpr.." Of IhI pltparatlon of Iht IIPPr.." Itpon, I h..... named .uch IndlvldulU.1 Ind di.do.ed thl .pacilic Itlk. parformed by lham In lhe ..concili.tion ..clion ollhi. IPp,.,t1 repon. I c.rtily lhal .ny lndi'tidual '0 ,.-nad I. quelilied 10 perform the I..k.. I....... nol euthoriltd .nyone 10 mek. . chang. 10 .ny It 11m In lhe Itpon: theltlolt. If In u""'thollled chang. I. mad. 10 the 'PPr..alltport. I willlak. no ...ponaibllity 10' il. SUPERVISORY APPRAISER'S CERTIFICATION: II. auP'M'ory ,",f.'" tlgntd lhe app,..., report, hi o,.he c.nill., .nd ,ore.. lhal: I directly ""paM" the ,",I.'" who pI.ptled lhe appr.." report, hwt ".....wed lhe IPP'.'" 'eport, eo'" with the tllttmtnl. and conclulions ollhe appl..tf, agll. 10 be bound by the Appl...". C.nlne.lloM numbeled 4 through '7 abow, .nd .", tlklng luU r..ponlibillty lor thltppr.'t1 Ind IhI 'lIP'.'" 'eport. ADDRESS OF PROPERTY APPRAISEO: APPRAISER~: ~.. ~-L $lgntIUI.:_ _ ~V_ N....: Kaf Oil' Signed: Januarv 27 1995 Silt. Cennicltion No.: RL 0OO388..L or St'l. UCln.. No.: RB~029755-A Sill.: Penn.vlvanl. Expiration D.t. 01 C.rtilictUon Of Uc.nll: 6/30/95 3790 Mounuln View Road. Mechanle.bunr.PA SUPERVISORY APPRAISER lonly" "qul,,,,,: Slgnatult: Nama: D.t. Signed: Sll" C.rtilication No.: 0' Stitt UcaAle No.: Statt: E~lIlion D.t. 01 C'11I1ic.tlon 01 Uc.n..: U o.d 0 Old NOlln.p.et IhI Plopeny .._"'M'......II.U MC..~TII'IOIIIJ1.I....nu MC'f.,"~CI '...:t 1II:t ,_.........1004. ..u . QUALIFICATIONS OF APPRAISER . Mark E. Hilbert. CRMA. ICA. GRI Broker Appraiser Educldon: _1 Ilat.to Ponnoylvanla ntlo In........., Hard.burl _1 IlItato Theot)' and Pr.ctlc. _1 IlItato Law _1 IlItato Hath _1 IlItato Apprllall I _1 l!atatl Advancld Apprll.ll Standarda of Profo.llonal Prlctlco . Plrt A Standarda of Prot.,.lanal Practice . Part B Harkot l!atraction. rannio Hal RaYlaw SDinar Profuslonll Memberships Ind Dellgnedons: Slnlor Hallhor - Intornational Oraani..tion of Iloal IlItato Apprllalra American Frltlmity of RaIl l!atatl Apprli.orl Oraduate ...1 l.tltl Inatltute Candidato Apprllall Inatltuto Harrbburl 10lrd of a..ltora Pannaylvania Board of Ralltor. Pennaylvanla Aliloclatlon of Ilultora Hational Alloclation of _ltora Pannaylvanla St.to COrtificltion Numhor - lL-000388L experience: C.K. Detwonor Rail Il.tatl Inc. Harch 1971 to April 1976 Stuard Derrick Rad Il.tato Inc. Apdl 1976 to OCtober 1981 1IE/IfAX Rallty Alloolat.. OCtober 1981 to robrult)' 1986 Hark I. HUbert 6 Ioo.oolat.. robrult)' 1986 Reel Estlte Licence: Mlrch 1971 Alloclete Broker: April 1978 Apprllslng since 1979 Appral311 experience: Appra1aala for: ltrlt IDOrta.... ..cond IIOR&&II, equity loana, employ.. tranaflrl/rlloc.tlonJ. dllll. ludly. condo. CUIIlberland. York. Dauphin .nd Parry Countla.. Completed AIIlgnments for: Banb, Savina. and Loan_, HortalSI Broun, aelocatlan Companl... Trult Departmentl and Attorney.. Client Lilt Iv'llable upon reque.t. . "',.L .. l\fARITAL PROPERTY I. REAL ESTATE ITEM DESCRIPTION: Cabin propcrty Clinton County OWNERSHIP: Husband Robcrt Hempt Tim Lampree Charles Durbeck POSSESSOR: Husband Robert Hempt Tim Lampree Charles Durbeck DATE ACQUIRED: Approximately May, 1987 COST/ACQUISITION VALUE: Unknown, information requested from Husband DATE OF SEPARATION VALUE: Unknown, information requested from Husband PRESENT V AWE: Unknown, information requested from Husband NAME AND ADDRESS OF ANY LIEN HOLDER: None EFFECTIVE DATE OF LIEN: NATURE OF LIEN: i . ; . t ~. r . ~ f PRESENT AMOUNT OF LIEN: 1 ~ . \ , ....<,'.,At MARITAL PROPERTY 2. MOTOR VEHICLES ITEM DESCRIPTION: 1991 Chevy Conversion Van OWNERSHIP: Husband & Wife POSSESSOR: Wife DATE ACQUIRED: Approximately 1991 COST/ACQUISITION VALUE: Approximately $26,000 DATE OF SEPARATION VALUE: Unknown PRESENT VALUE: Approximately $13,500.00; See attached. NAME AND ADDRESS OF ANY LIEN HOLDER: None EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: . . Lawrence Chevrolet, GEO, Inc. May 27, 1994 To Whom it May Concern: Using the 1994 May NADA Book as a Guide, we have determined the value of one 1991 Chevrolet Van, Vehicle Identification Number 1GBEG25X2M7100223 to be $13,500. rS~': \ nest Leo 'sales Manager LAWRENCE CHEVROLET, GEO, INC. --.- CHEVROLET ~ 6445 Carlisle Pike · Mechanlcsburg. PA 17055 · 717-766-0284 ...1' ~~:':~':;';_~.~_~"'';.'"''N.~ :oi'#B ~'; ..,,- MARITAL PROPERTY 2, MOTOR VEHICLES ITEM DESCRIPTION: 1981 Yugo OWNERSHIP: Husband POSSESSOR: Husband traded DATE ACQUIRED: Approximately 1992 COST/ACQUISITION VALUE: Unknown DATE OF SEPARATION VALUE: Unknown PRESENT VALUE: Unknown, information requested from Husband NAME AND ADDRESS OF ANY LIEN HOLDER: EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: e.-o*" .. " -., .' MARITAL PROPERTY f 2. MOTOR VEHICLES I I , , I ITEM DESCRIPTION: 1980 Suburban , I I i OWNERSHIP: Husband & Wife POSSESSOR: Wife (however, Husband has only keys) DATE ACQUIRED: Approximately 1988 COST/ACQUISITION VALUE: Unknown DATE OF SEPARATION VALUE: Unknown PRESENT VALUE: Approximately $1,425.00 per NADA Official Used Car Guide, See attached NAME AND ADDRESS OF ANY LIEN HOLDER: None EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: .:- -.:o"'t'. .... ~~ "",.~..__,-." .,-': . << CHEVROLET 1981.80 .oar - 'ODr - Tnf." TY,. N. MSJrI. ....' ~r"M" TV". N. Il1S1 ClIlY1our.cooll"oI 8ao ClIEnOlET-ttoIl.... nl:AllIlO 11I1 1110 na....... CIb " CI. 17141 1171 _llcIliIL... . ....WIO 1110 1210 ""'" Cl,. Cab I' CI. 1211 -.It>tri ....WIO 7117 liD , 10' of 7....... ,.. ,.a.... r.p.. 7111 KID/II .WEI '''1 11III, .....CII 8711 CHIYROLIT :rOil IIIII'.IID...... .....11I lUll 4017 .10 'AlII rN .. ..... GtI 11114 1177 .110 """'.. .lI. 11171 "I ,...1.............. 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SUI' CIO PIC.U' 'II TII PlC.u, 'II rll ... CIO 441l 1775 1000 PlcIup I' ..,C14 SllII - 0"""", ..CIO llOll .Ill 1D.l1I1T f~ll0W IllEA!! JANUARY H U ApttlL "$ S!( T11l1el U'Jl~1 'AlE fOI fORI WH~!l DIIY! VAl UAJtY HIIU palL "$ , PRESENT VALUE: Unknown; information requested from Husband MARITAL PROPERTY 5, CHECKING ACCOUNT ITEM DESCRIPTION: Mellon Bank checking OWNERSHIP: Husband & Wife POSSESSOR: Husband closed approximately 5/94 DATE ACQUIRED: During marriage COST/ACQUISITION VALUE: N/A DATE OF SEPARATION VALUE: Unknown; information requested from Husband NAME AND ADDRESS OF ANY LIEN HOLDER: None EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: MARITAL PROPERTY 6, SAVINGS ACCOUNT ITEM DESCRIPTION: PSECU savings OWNERSHIP: Wife POSSESSOR: Wife DATE ACQUIRED: During marriage COST/ACQUISITION VALUE: N/A DATE OF SEPARATION VALUE: Approximately $210.89 See attached. PRESENT VALUE: Approximately $230.00 NAME AND ADDRESS OF ANY LIEN HOLDER: EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: P'SEC. J.. .lf0~ STATEMENT OF ACCOUNT PJQe 1 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION MAIN OFFICE: 1 CREDIT UNION PLACE HARRISBURG, PA 17110-2990 MAILING ADDRESS: P.O. BOX 1006 HARRISBURG, PA 1710S-1006 IRA CONTRIBUTIONLMAD~ OVER THE SST ARE FOR 1994 ONLY. TO MAKE 1993 CONTRIBUTIONS, CALL~SECU. JOINT OWNERS ACCOUNT NUMBER 0170384583 SOCIAL SECURITY _ 170-38-4583 STATEMENT PERIOD From i To 010194:0331 94 · ....AMOl./NT" FINANCE FINES.. . BALANCE . '. . . '.. "'" ..;.' CHARGE I.. . 1",111,.,111""1,1"1,1,,,1,1,,,11,,1,11.,1,1,1,,1 CONNEE L HEMPT 3790 MOUNTAIN VIEW RD MECHANICSBURG PA 17055-2128 0101 0121 0131 0228 0331 0331 './.-- '." DESCRIPTION ...y....... ... .... ..... ". '.' S1 - REGULAR SHARES PREVIOUS BALANCE REACTIVATE ACCOUNT DIVIDEND DIVIDEND DIVIDEND NEW BALANCE CURRENT RATE 3.00% CURRENT ANNUAL YIELD 3.04% 00 52 47 54 20~36 20~36 20~88 21q35 21089 21C 89 '. . '^""''''''O'' mrCTl" 01.11.:': .':OArI": 0101 0331 S4 - MONEY HANDLER / CHECKING ~EVIOUS BALANCE . NEW 8ALANCE CURRENT RATE 2.00% CURRENT ANNUAL YIELD 2.02% 00 00 '. TAX Y AR 1993: REPORTED DIVIDENDS 6.71 ; TOT L F INM CE CHARGES 0.10 TOTAL DIVIDEND YEAR-TQ.DATE lor all savings eAcepl IRA. DIvIdends shown, If S10 or o~er. will be reported 10 lhe Internal Revenue ServIce for thiS calendar year. 1. 53 TOTAL FINANCE CHARGE YEAR- TO-OA TE 'or all loans. 0.00 NOTICE: See reverSe Side lor Important lRfOrmatlon. 'INDICA TES EFFECTIVE DATE - f......~__.< MARITAL PROPERTY 6, SAVINGS ACCOUN'( ITEM DESCRIPTION: Mellon Bank savings OWNERSHIP: Husband & Wife POSSESSOR: Husband closed approximately 5/94 DATE ACQUIRED: During marriage COST/ACQUISITION VALUE: N/A DATE OF SEPARATION VALUE: Unknown; information requested from Husband PRESENT VALUE: Unknown; information requested from Husband NAME AND ADDRESS OF ANY LIEN HOLDER: None EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: r~~;':" .-!.. ,.;",,.-v~~;,l,-, MARITAL PROPERTY 18, RETIREMENT PLANS ITEM DESCRIPTION: P A Blue Shield VIP Plan OWNERSHIP: Wife POSSESSOR: Wife DATE ACQUIRED: During marriage COST/ACQUISITION VALUE: DATE OF SEPARATION VALUE: · $24,659.62 See attached PRESENT VALUE: $ 31,214.76 NAME AND ADDRESS OF ANY LIEN HOLDER: None, presently EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: . Outstanding loan balance at date of separation was $1005.06 thereby reducing value to $23,654.56 ]OD~ M_~I.j . PENNSYLVAN.IA BLUE SHIELD VOLUNTARY INVESTMENT PLAN SUMMAltY OF ACCOUNT JANUARY 1, 199.. . MARCH 31, 100-. CONNEE L HEMPT 3790 MOUNTAIN VIEW RD MECHANICSBURG PA 17055 SOCIAL SECURITY NUMBER: 170-38-4583 \' I . , . . ", .' .. .. ~', ..' ," CURRENT VALUE OF YOUR ACCOUNT ON MARCH 31, 1994 ... IDS CASH MANAGEMENT FUND $ 486.21 MNGD INCOME FUND $ 19,754.12 89 GIC FUND $ 3,221.88 90 GIC FUND $ 911.77 IDS STOCK FUND, INC. $ 285.64 TOTAL OF ALL ACCOUNTS $ 24,659.62 OUTSTANDING LOAN BALANCE $ 1,005.06 CURRENT ACCOUNT STATUS YOUR CURRENT PARTICIPATION IN THE PLAN IS AS FOLLOWS: YOUR PRE-TAX CONTRIBUTION RATE IS 5.0% YOUR AFTER-TAX CONTRIBUTION RATE IS 7.0% YOUR COMPANY MATCHES 33% OF THE FIRST 6% YOU CONTRIBUTE. ""urthrr Il1rnrmnllnll nil nnrk III ]OD~ M~'.II . PENNSYLVANIA. BLUE SHIELD VOLUNTARY INVESTMENT PLAN SUMMARY OF ACCOUNT JANUARY 1, 1994 . MARCH 31, 199<& PAGE 2 CONNEE L HEMPT SOCIAL SECURITY NUMBER: 170-38-4583 INVESTMENT I.'lLEcrIONS FOR FUTURE CONTRIBUTIONS .. '~, ,. ' . ','-.. ',...~t . 'L . ., ~.:; ~. 1; IDS CASH i1ANAGEMENT FUND 0% MNGD INCOME FUND 100% 89 GIC FUND 0% 90 GIC FUND 0% IDS MUTUAL 0% IDS STOCK FUND, INC. 0% IDS NEW DIMENSIONS FUND, INC. 0% ACCOUNT BY MONEY TYPE CURRENT VALUE VESTED PERCENT 100.00% 100.00% 100.00% 100.00% VESTED VALUE 4,721. 77 7,283.50 7,766.26 4,888.09 24,659.62 EMPLOYEE DEFERRAL POST 86 AFTER-TAX PRE 87 AFTER-TAX EMPLOYER MATCH $ $ $ $ $ 4,721.77 7,283.50 7,766.26 4,888.09 24,659.62 $ $ $ $ $ TOTALS PRE 1987 NET AFTER TAX CONTRIBUTIONS $ POST 1986 NET AFTER TAX CONTRIBUTIONS $ 2,209.53 8,501. 59 "'lIrlh.,.. 11Ifurl11Rllnn 4111 nnrk [.;'..~.:, ".'. ......- MARITAL PROPERTY 18, INDIVIDUAL RETIREMENT ACCOUNT ITEM DESCRIPTION: Dauphin Deposit Bank IRA OWNERSHIP: Husband POSSESSOR: Husband DATE ACQUIRED: Approximately 1980 COST/ACQUISITION VALUE: N/A DATE OF SEPARATION VALUE: Unknown. information requested from Husband PRESENT VALUE: Unknown, information requested from Husband NAME AND ADDRESS OF ANY LIEN HOLDER: EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: MARITAL PROPERTY 18, RETIREMENT PLAN ITEM DESCRIPTION: Carolina Freight ESP OWNERSHIP: Husband POSSESSOR: Husband DATE ACQUIRED: During marriage COST/ACQUISITION VALUE: DATE OF SEPARATION VALUE: Unknown, information requested from Husband PRESENT VALUE: Unknown, information requested from Husband NAME AND ADDRESS OF ANY LIEN HOLDER: Unknown, information requested from Husband EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: . , MARITAL DEBTS AND LIABILITIES .'.' ,. t. Defendant lists all marital debts and liabilities in which either or both spouses have an interest individually or with any other person as of the date of separation: ,. ., MARITAL DEBTS AND LIABILITIES ITEM DESCRIPTION: Mortgagc on 3790 Mountain View Rd. Mcchnnicsburg. P A DATE OF INCURRING DEBT: Approximately 1981 AMOUNT OF ORIGINAL DEBT: Approximately $54,000 AMOUNT OF DEBT AT DATE OF SEPARATION: Approximately $35,099.88, See attached AMOUNT OF CURRENT DEBT: $31,749.87 as of2/1/95, See attached PERIODIC PAYMENT: $528.53 per month DEBTOR: Husband & Wife CREDITOR: Wilbur Raudebaugh CURRENT PAYOR: 'I Wifc (Wife has paid since the parties separated) AMORTIZATION SCIIEDULE ;r MICHAEL HEMPT Beginning Balance - $ 43,562.11 Payment Amount - $ 528.53 , , : Page 01 Annual Interest Rate - 8.000\ Initial Due Date - 08/01/91 Due Date Date Pd Chk No, Payment Interest Principal ........ .-....- #a$Tk ........- ----.-.-. .-.------ 08/01/91 m" "'.53 290.41 238.12 09/01/91 , J$~ 528.53 288.83 239.70 10/01/91 -528.53 287.23 241.30 '11/01/91 '0 528.53 285.62 242.91 12/01/91 ::Js119 _528.53 284.00 244.53 I,' . ----------- ----------- ----------- ~ AnnUal Totals 2,642.65 1,436.09 1,206.56 ,. ,.' _mm.______. .---------- ----------- . 01/01/92 Jl 528.53 282.37 246.16 02/01/92 528.53 280.73 247.80 03/01/92 ' ~ 528.53 279.08 249.45 04/01/92 ~ OOOg; 528.53 277.41 251.12 05/01/92 1I!.""6~ft 528.53 275.74 252.79 06/01/92 528.53 274.05 254.48 07101/92 fI 528.53 272.36 256.17 08/01/92 ;' S 528.53 270.65 257.88 09/01/92 528.53 268.93 259.60 10/01/92 528.53 267.20 261.33 11/01/92 II- . 528.53 265.46 263.07 12/01/92, II ,~;~ 528.53 263.70 264.83 ----------- ----------- ----------- Annual Totals 6,342.36 3,277.68 3,064.68 _=_=aac:u:::-=_= m_=a======= =====_=__a. -_.~=:=~:=! 43,323.9S 43,084.25 42,842.95 42,600.0e 42,355.5~ 42,109.39 ,41,861.59 41,612.14 41,361.02 41,108.23 40,853.75 40,597.58 40,339.70 40,080.10 39,818.77 39,555.70 39,290.S7 01/01/93 ~ 528.53 261.94 266.59 39,024.28 02/01/93 '(}o 528.53 260.16 268.37 38,755.91 03/01/93 .,. ;) 528.53 258.37 270.16 38,485.75 .04/01/93 -= 528.53 256.57 271.96 ,38,213.79 05/01/93 528.53 254.76 273.77 37,940.02 06/01/93 528.53 ,.. 252.93 275.60 37,664.42 (17101/93 ~ 528.53 251.10 277.43 37,386.99 08/01/93 528.53 249.25 279.28 37,107.71 09/01/93 528.53 241.38 281.15 36,826.56 10/01/93 MiE 528.53 245.51 283.02 .36,543.54 11/01/93 o ( 528.53 ( 243,62 284.91 36,258.63 12-/01/93 .1 528.53 241.72 286.81 35,971. 82 ----------- ----------- ----------- Annual Totals 6,342.36 ~3,023.31 3,319.05 - ======I:n==== =========== =======e==_ ) 01/01/94 "41"'~ ~ 528.53 239.81 288.72 35,683.10 02/01/94 jaI..q -= 528.53 237,89 290.64 35,392.46 03/01/94 '3t.'l",ql.\ ~'oS' 528.53 235.95 292.58 35,099.88 04/01/94 528.53 234.00 294.53 34,805.35 05/01/94 528.53 232.04 296.49 34,508.86 . 06/01/94 528.53 230.06 298.47 34,210.39 :' . . .. '. MARITAL DEBTS AND LIABILITIES ITEM DESCRIPTION: Personal Loan uscd to acquire van DATE OF INCURRING DEBT: Approximately 1991 AMOUNT OF ORIGINAL DEBT: Approximately $15,000 AMOUNT OF DEBT AT DATE OF SEPARATION: Approximately $7,487.40; See Attached AMOUNT OF CURRENT DEBT: None PERIODIC PAYMENT: Paid in full DEBTOR: Husband & Wife CREDITOR: Dauphin Deposit Bank & Trust CURRENT PAYOR: Wire (Wifc paid sincc thc parties separated) DEC-13-1994 14129 FR01 DALPHIN DEPOSIT TO 92325775 p.el ~'W-.;' , ' LS/2000 ACCUMULATED TRAN LIST 12-13 13:20:14 ~2/13. BANK 001 BRANCH 0001 .PRODUCT DFLT VIEW 99 PAGE 12 LN T~PE 3 CLOSED INT PRIN MIse 1 LOAN BALANCE MISe 2 MI~e 3 MONETARY TOT INT AOJ 5150 ISSOC r APPL IL lEMPT CONNEE L PRoe DT SEQ EFF DT TR A/F . 0512g41 07 003 0512941 30 A 74.46- 278.15- .00 352.61 .00 ,00 .00 298.76- .00 352.61 DEse DOe _ 0602941 07 004 10.96- 0602941 30 S INTERNAL DESC **** _ 0602941 07 005 53.85- 0802941 3~ A DEse DOe _ ,060AQA 1 ~., 006 0608941 29 900 _ 0713941 07 007 20.59- "0713941 30 S INTERNAL DESC t.**~ CHNG DATA PAYOFF EFF 0194213 .00 .00 ,00 iUSTOMER 1374026 LOAN 9001 PART 0000000 DLR 00000 TYPE ** DATE 0000000 ::::> _ PF10=STI.N* 11=POLN 12=STPS 7,467.40 .00000 7.487.40 .00000 7, 188.64 .0~000 ~. b\'!.o\o,~ 7 . 18tL 64 7,336.35 7.186.64 _ ."'\:1"'00 . . MARITAL DEBTS AND LIABILITIES ITEM DESCRIPTION: 40lk Loan DATE OF INCURRING DEBT: During marriage AMOUNT OF ORIGINAL DEBT: $10,000.00 AMOUNT OF DEBT AT DATE OF SEPARATION: $1005.06, See attached AMOUNT OF CURRENT DEBT: $0 PERIODIC PAYMENT: None. 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MARITAL DEBTS AND LIABILITIES ITEM DESCRIPTION: Discover Credit Card DATE OF INCURRING DEBT: Various AMOUNT OF ORIGINAL DEBT: Revolving debt AMOUNT OF DEBT AT DATE OF SEPARATION: Unknown, information requested from Husband AMOUNT OF CURRENT DEBT: $0 PERIODIC PAYMENT: None. DEBTOR: Husband & Wife CREDITOR: Discover Card CURRENT PAYOR: Paid from joint funds in checking account at time of separation NON-MARIT Ai. PROPERTY Defendant lists all non-marital property in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation: NON-MARITAL PROPERTY ITEM DESCRIPTION: Members First Credit Union Savings Account OWNERSHIP: Wife POSSESSOR: Wife DATE ACQUIRED: 1/95, Post separation COST/ACQUISITION VALUE: N/A PRESENT VALUE: $25.00 NAME AND ADDRESS OF ANY LIEN HOLDER: None EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: BASIS CLAIMED FOR EXCLUSION FROM MARITAL PROPERTY: Acquired post separation !' . , l~.r',,~~.. f1 .-- - L~;;'~ tD. . NON-MARITAL PROPERTY ITEM DESCRIPTION: Members First Credit Union Checking Account OWNERSHIP: Wife POSSESSOR: Wife DATE ACQUIRED: 1/95, Post separation COST/ACQUISITION VALUE: N/A PRESENT VALUE: $1000.00 NAME AND ADDRESS OF ANY LIEN HOLDER: None EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: BASIS CLAIMED FOR EXCLUSION FROM MARITAL PROPERTY: Acquired post separation . , NON-MARITAL PROPERTY ITEM DESCRIPTION: Commcrcc Bank Checking Account OWNERSHIP: Wirc POSSESSOR: Wife DATE ACQUIRED: Approximately 3/94, Post separation COST/ACQUISITION VALUE: N/A PRESENT VALUE: $800.00 NAME AND ADDRESS OF ANY LIEN HOLDER: None EFFECTIVE DATE OF LIEN: NATURE OF LIEN: PRESENT AMOUNT OF LIEN: BASIS CLAIMED FOR EXCLUSION FROM MARITAL PROPERTY: Acquired post separation ';.._:-7_',~:. ~_.._. . , .~ ~ Ci Sl DC\!:: '5 'gO~ '!!! ~ ~U ~ ~ ~ ~~ d I : .;: a.: . E III e.o :e: i .. :c 2 -2...1 -'J':S-..r~ I.a\l'Olfkl"ll' j\\dri.. I~ Cngn"lli P. 0. Un. "'it,! If.uri.hu'll. l'tnn')'~lIii", 1710H.{)flX9 . , (7171 2J2.2KI3 ,. CONNEE HEMPT, Plainti IT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94-1994 CIVIL TERM MICHAEL A. HEMPT, Dcfcndant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT I. MARITAL AND NON-MARITAL: See Plaintill's Invcntory and Appraisement. II. EXPERT WITNESSES: None known as of this time. III. NON-EXPERT WITNESSES: Nonc other than parties presently. IV. ANTICIPATED EXHIBITS: A. Documentation valuing Clinton County Cabin property B. Documentation verifYing tradc-in allowancc on 1981 Yugo C. Account statements vcrifying balanccs in Mellon Bank accounts D. Account statements vcrifying balances in Dauphin Deposit Bank & Trust Individual Retiremcnt Account E. Account statcments verifying balances in Carolina Freight ESP F. Account statemcnts vcrifying balanccs on Discovcr Card PlaintilTreservcs thc right to introducc additional cxhibits as shc deems appropriatc. Respectfully Submitted, ,~ , V. INCOME OF THE PARTIES: Sce Pluintill's Income and Expense Statemcnt. VI, INCOME AND EXPENSE STATEMENT: See Plaintill's Income and Expense Statement. VII. PENSION/RETIREMENT: There is no dispute between the parties as to the division ofthcir respcctivc pcnsions. VIII. COUNSEL FEES: PlaintilThus cxpended approximatcly $4371.50 in eounsel fees and costs in thc pursuit of this mattcr. Sec attuched Exhibit "A: - copies of billing statcments to date. IX. PERSONALTY: PlaintilTdoes not believe there is a dispute over the division of personal property. X. MARITAL DEBTS: Sce the Marital Debts and Liabilities section of Plaintill's Inventory and Appraiscment. XI. PROPOSED RESOLUTION: PlaintilTis unable to propose a resolution without the information that has been requested from Defendant's attorney. Maria P. ognetti, uire Supreme Court 10# 27914 132-134 Walnut Strect P.O. Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 Dated: Fcbruary 17, 1995 . . ~.,'.'-,,'''','' ;.- , ,... ~,... .t~f'-- l.....................___,_-,_.,. it..c;............. CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for PlaintilTherein, do hcreby eertiJy that on this datc I served thc foregoing Plaintitl's Prc-Trial Statcment by depositing a true and exact copy thereof in the Unitcd States mail, first class, postagc prepaid, addressed as follows: Samuel L. Andcs, Esquirc ANDES, VAUGHN, & BANGS 525 North Twelfth Street Lemoyne, PA 17043 ti~~. Sup. Ct. J.D. #27914 132-134 Walnut Street P.O. Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 Dated: February 17, 1995 . , f 1 i r' Li..;~., i~!:r~ ~ LAW OFFICES OF MARIA P. COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 INVOICE #1394 February 1, 1995 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 Matter: 233 Jan 04/1995 Jan 05/1995 Jan 05/1995 Jan 09/1995 Jan 11/1995 Jan 13/1995 Jan 19/1995 Jan 23/1995 Jan 23/1995 Jan 24/1995 Jan 25/1995 Jan 26/1995 Jan 27/1995 Jan 31/1995 CLIENT # 217 MATTER # 233. FOR PROFESSIONAL SERVICES RENDERED THROUGH JANUARY 31, 1995 RE: DOMESTIC RELATIONS FEES DOMESTIC RELATIONS Telephone conference with client; prepare for ~upport Conference; prepare Income & Expense Statement Telephone conference with Attorney Multiple telephone calls with client; telephone conference with Domestic Relations Office Review correspondence (2) Preparation of petition for Alimony, Alimony Pendente Lite and Counsel Fees; preparation of petition for Master; letter to Attorney; letter to prothonotary Telephone conference with client; letter to Master Multiple telephone conference with Psychologist Telephone conference with psychologist Brief office conference with client Telephone conference with psychologist; telephone conference with Attorney Telephone conference with client Attend Custody Conciliation Conference Review Income Statement Review correspondence from Master and Attorney Total Fees and Disbursements $B64.50 "U, Invoice: 1394 Matter: 233 page 2 prior Balance $7.00 Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice TOTAL DUE $7.00) $0.00) $864.50 NOTE - payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. Payments received after date of bill will not appear on this invoice. LAW OFFICES OF MARIA P. COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 INVOICE #1299 January 1, 1995 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 FEES Matter: 233 Dec 05/1994 Dec 05/1994 Dec 06/1994 Dec 08/1994 Dec 12/1994 Dec 12/1994 Dec 16/1994 Dec 19/1994 Dec 19/1994 Dec 20/1994 Dec 20/1994 Dec 21/1994 Dec 22/1994 DISBURSEMENTS Matter: 233 Jan 01/1995 CLIENT # 217 MATTER # 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH DECEMBER 31, 1994 RE: DOMESTIC RELATIONS DOMESTIC RELATIONS Telephone conference with psychologist Conference with client Telephone conferences with Attorney Telephone conference with client; telephone conference with Attorney; conference call with Attorney and Custody Conciliator Review correspondence Telephone conference with client Telephone conference with Attorney Telephone conference with client Telephone conference with Attorney; telephone conference with Court Telephone conference with client Review documents from client; review Court Order; telephone conference with Attorney Telephone conference with client Letter to client Fees This Invoice $610.00 Fax Transmission Charges 4.00 DOMESTIC RELATIONS Invoice: 1299 Matter: 233 page 2 $4.00 Disbursements This Invoice Prior Balance $614.00 $393.00 Total Fees and Disbursements Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice ( ( $393.00) $607.00) $7.00 TOTAL DUE NOTE - payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. Payments received after date of bill will not appear on this invoice. ".'...'~."'" '::"",:,:r, LAW OFFICES OF MARIA P. COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 INVOICE #1196 November 30, 1994 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 CLIENT # 217 MATTER # 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH OCTOBER 31, 1994 RE: DOMESTIC RELATIONS FEES Matter: 233 Nov 07/1994 Nov 15/1994 Nov 15/1994 Nov 17/1994 Nov 22/1994 Nov 29/1994 DOMESTIC RELATIONS Telephone conference with psychologist Telephone conference with Custody Conciliator Telephone conference with client. Review Custody Order. Review correspondence. Review correspondence. Total Fees and Disbursements $187.00 $206.00 Prior Balance Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice $0.00) $0.00) $393.00 TOTAL DUE NOTE - Payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. Payments received after date of bill will not appear on this invoice. LAW OFFICES OF MARIA P. COGNETTI 132-134 Walnut Street P.O. Box 6B9 Harrisburg, PA 17108-0689 (717) 232-2103 INVOICE #1087 October 31, 1994 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 CLIENT # 217 MATTER # 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH OCTOBER 31, 1994 RE: DOMESTIC RELATIONS FEES Matter: 233 Oct 25/1994 Oct 25/1994 Oct 28/1994 DOMESTIC RELATIONS Conference with client Letter to attorney Attend Custody Conciliation Conference Fees This Invoice $735.00 DISBURSEMENTS Matter: 233 Oct 31/1994 DOMESTIC RELATIONS Disbursements This Invoice $0.00 Total Fees and Disbursements Prior Balance $735.00 $0.00 Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice ( ( $0.00) $529.00) $206.00 TOTAL DUE NOTE - Payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. Payments received after date of bill will not appear on this invoice, LAW OFFICES OF MARIA P. COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 1710B-0689 (717) 232-2103 INVOICE #979 September 30, 1994 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 CLIENT # 217 MATTER # 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH SEPTEMBER 30, 1994 RE: DOMESTIC RELATIONS FEES Matter: 233 Aug 09/1994 Sep 06/1994 Sep 12/1994 Sep 16/1994 Sep 21/1994 Sep 23/1994 Sep 26/1994 DISBURSEMENTS Matter: 233 Sep 30/1994 DOMESTIC RELATIONS Telephone conference with client Review correspondence Telephone conference with client Review correspondence Review Conference Summary Report from Custody Conciliator Telephone conference with client Telephone conference with client Fees This Invoice $222.00 DOMESTIC RELATIONS Disbursements This Invoice $0.00 Total Fees and Disbursements $222.00 $0.00 Prior Balance Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice $0.00) $222.00) $0.00 TOTAL DUE Invoice: 979 Matter: 233 Page 2 , ~J t;4 I 1 NOTE - payment due within 30 days of invoice date. To ensure proper credit, , please include MATTER number on check. payments received after date of I bill will not appear on this invoice. . . .... ....._...~..-.'--, --.-....,.,.-- LAW OFFICES OF MARIA P. COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 INVOICE #873 August 31, 1994 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 CLIENT # 217 MATTER # 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH AUGUST 31, 1994 RE: DOMESTIC RELATIONS FEES Matter: 233 Aug 22/1994 Aug 26/1994 DOMESTIC RELATIONS Telephone conference with client Attend Custody Conciliation Conference Fees This Invoice $502.00 DISBURSEMENTS Matter: 233 Aug 31/1994 DOMESTIC RELATIONS Disbursements This Invoice $0.00 Prior Balance $502.00 $0.00 Total Fees and Disbursements Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice ( ( $0.00) $502.00) $0.00 TOTAL DUE NOTE - Payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. Payments received after date of bill will not appear on this invoice. LAW OFFICES OF MARIA P. COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg (717) 232-2103 INVOICE 11765 July 31, 1994 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 CLIENT II 217 MATTER # 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH JULY 31, 1994 RE: DOMESTIC RELATIONS FEES Matter: 233 Jul 05/1994 Jul 06/1994 Jul 07/1994 Jul 08/1994 Jul 12/1994 Jul 13/1994 Jul 13/1994 Jul 19/1994 Jul 19/1994 Jul 22/1994 Jul 22/1994 DISBURSEMENTS Matter: 233 Jul 31/1994 DOMESTIC RELATIONS Review correspondence; review Custody Complaint Telephone conference with client; telephone conference with attorney Telephone conference with client; telephone conference with attorney Review correspondence Telephone conference with client Telephone conference with client Letter to attorney Review correspondence; brief conference with attorney Telephone conference with client Telephone conference with client Letter to attorney Fees This Invoice $313.00 DOMESTIC RELATIONS Disbursements This Invoice $0.00 ------------ Total Fees and Disbursements $313.00 $0.00 Prior Balance Invoice: 765 Matter: 233 Page 2 I" ,. ~\ 1-:-::~!"_. -~...., . Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice ( ( $0.00) $313.00) $0.00 TOTAL DUE NOTE - payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. payments received after date of bill will not appear on this invoice. .~ I . I , ,',.,-.,","'_' :..;".." "'l~.::,;J~":t:: ~ LAW OFFICES OF HARIA P. COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 INVOICE 1662 June 30, 1994 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 CLIENT # 217 MATTER 1 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH JUNE 30, 1994 RE: DOMESTIC RELATIONS FEES Matter: 233 Jun 01/1994 Jun 23/1994 DOMESTIC RELATIONS Telephone conference with client; telephone conference with sutliff Conference with client; letter to attorney Fees This Invoice $262.50 DISBURSEMENTS Matter: 233 Jun 30/1994 DOMESTIC RELATIONS Disbursements This Invoice $0.00 ------------ Total Fees and Disbursements $262.50 $0.00 Prior Balance ------------ Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice $0.00) $262.50) $0.00 ( ( TOTAL DUE NOTE - payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. Payments received after date of bill will not appear on this invoice. (:.",0' _~''''''''~ ".' ............. 1 o~. f LAW OFFICES OF MARIA P. COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 INVOICE #550 May 25, 1994 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 CLIENT # 217 MATTER # 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH MAY 31, 1994 RE: DOMESTIC RELATIONS FEES May 02/1994 Review file; letter to attorney May 05/1994 Review Real Estate Agreement May 16/1994 Telephone conference with client; review correspondence May 25/1994 Telephone conference with Charles Stone; telephone conference with client May 27/1994 Review correspondence May 27/1994 Conference with client Fees This Invoice $420.00 DISBURSEMENTS May 31/1994 Disbursements This Invoice $0.00 Total Fees and Disbursements $420.00 $0.00 Prior Balance Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice $0.00) $420.00) $0.00 TOTAL DUE NOTE - Payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. Payments received after date of bill will not appear on this invoice. L- ~ .i'~":'" IJr~.~' . . LAW OFFICES OF HARIA p, COGNETTI 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 INVOICE #430 April 30, 1994 CONNEE L. HEMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 CLIENT # 217 MATTER # 233 FOR PROFESSIONAL SERVICES RENDERED THROUGH APRIL 30, 1994 RE: DOMESTIC RELATIONS FEES Matter: 233 Apr 20/1994 Apr 21/1994 Apr 29/1994 DOMESTIC RELATIONS Initial client intake Conference with client Review documents from client Fees This Invoice $251. 50 DISBURSEMENTS Matter: 233 Apr 30/1994 DOMESTIC RELATIONS Disbursements This Invoice $0.00 Total Fees and Disbursements Prior Balance $251.50 $0.00 Receipts/Retainer Applied to Prior Balance Amount applied from Retainer This Invoice ( ( $0.00) $251.50) $0.00 TOTAL DUE NOTE - Payment due within 30 days of invoice date. To ensure proper credit, please include MATTER number on check. Payments received after date of bill will not appear on this invoice. '. ,_,.L !i. .' !I,> I. ~.... ~ . Ii i' .~\ ~..t''';~2\ ~ ~ /..\,,-':." .;-~p An:-..~ . lj- ....~l' RUBY D.WEEKS, ESQUIRE TEN WEST HIGH STREET CARLISLE PA 17013 717-243-1294 i 04/20/94 CONNEE HBMPT 3790 MOUNTAIN VIEW ROAD MECHANICSBURG PA 17055 In reference tOI 5-94 DIVORCE HrB/Rate 04/01/94 .5 divorce complaint and dictation 0.50 125.00/hr 0.10 125.00/hr 0.25 125.00/hr 0.20 125.00/hr 0.20 125.00/hr 0.10 125.00/hr 04/04/94 .1 dictation I " " ;1 04/08/94 .2 FILE AND SERVE DIVORCE .1 DICTATION 04/13/94 .2 FILE AFFIDAVIT OF SERVICE ;, 04/15/94 .1 PHONE CALL .1 DICTATION 04/20/94 .1 DICTATION :1 For professional services rendered 1.35 Additional charges: 04/08/94 CERTIFIED HAIL ( ( 04/08/94 NOTARY FEE ;: ,! , ..tI;.,t,~ Amount: 62.50 12.50 31.25 25.00 25.00 12.50 $168.75 2.52 2.00 Balance Due $0,00 .. CONNEE HEHPT page 2 AMOUNT Total Costs $ 4.52 Total amount of this bill $173.27 04/20/94 Retainer applied to Balance Balonr:o Pc'r! r;? i-ull ThQnlf Yout ($173.27) Previous Balance of client funds Payments made into client fund (April 7, 1994) Payments made out of client funds (Prothonotary-Filing Fees Ruby D. Weeks, Attorney time Connee Hempt - Refund of Retainer New Balance of client funds $297.50 250.00 195.50 173.27 178.73 $ 0.00 ( . '~.- 1 J.,' I,.. I, ~ ,.....; I.~;\. , " I RUBY D.WEEKS, ESQUIRE TEN WEST HIGH STREBT CARLISLE PA 17013 717-243-1294 CONNBB HEMPT 3790 MOUNTAIN VIEW ROAD KBCHANICSBURG PA 17055 In reference tal 5-94 OIVORCE 03/11/94 1.5 CONFERENCE WITH CLIENT For profe..ional .ervice. rendered Additional chargesI 03/11/94 INITIAL INTERVIEW Total costs Total amount of this bill 03/31/94 Retainer applied to Balance Balance due , , CLYENT FUNDS ACTIVITY 'Balance of account 03/31/94 Retainer applied to Balance TOTAL PAYMENTS MADE OUT OF CLIENT FUNDS Hew balance of account .~""._, COPt' 03/31/94 Hrs/Rate Amount 1.50 125.00/hr 187.50 ---------- 1.50 $187.50 15.00 $15.00 $202.50 ($202.50) $0.00 .............. $500.0C (202.50) ($202.5C $297.5C . . . . in 0 ~ ;" .. < " ~ ~ " ~ .. < j .. ~ '" ~ z ~ .. ~ :< ;.0: 5 ~ .. '" l( >- .. " Cl ;.. ~ 0 '" ;J l<l " Z Z Z .< III .. ci ~ ", ~ t '" iii 0 lJ < "- z III n >- j:l " 0 ;" n :r. < ~ ,,-, , -. ---- -/7 - C) <..~ 1='. .. ~ ,. '! CONNBB HBMPT, ) IN THB COURT OF COHHON Plaintiff ) PLEA8 OF CUMBBRLAND ) COUNTY, PBNN8YLVANIA vs. ) ) CIVIL ACTION - LAW I ) , MICHABL A. HBHPT, ) NO. 94-1778 CIVIL TBRM -( Defendant ) DBl'IlNDAN'l"8 PRB-'lRIAL 8TATmmNT AND NOW COMes the above-named Defendant. by his attorneys, Andes, Vaughn & Bangs, and submits the following Pre-Trial statement pursuant to Par R.C.P. 1920.33(b): 1. A8BBTB. Attached hereto and marked as Bxhibit A is a chart listing the marital and non-marital assets of the parties as they are presently known to the Defendant. 2. BXPBRT WITNBB8B8. At this time the Defendant intends to call the following expert witnesses: A. Don Paul Shearer, a real estate appraiser, who will testify about the value of the marital residence. B. An appraiser of household furnishings and goods who will testify about the value of the marital furnishings. The Defendant reserves the right to call such additional experts as may be necessary to respond to evidence submitted by Plaintiff in her case in chief. 3. FACT WITNB88BS. Defendant intends to call the following fact witnesses: A. The Defendant himself to testify about all matters relating to the assets of the parties. the breakup of the marriage, and the factors listed in the Divorce Code. " 1 J:~~~"'J:\~''.\:~:'':'''''''''-1f.~j} B. Jeffrey Stubblefield, a man sexually involved witb the Plaintiff, who will be called as a hostile witness to establish the Plaintiff's misconduct. The Defendant reserves the right to call such additional fact witnesses as may be necessary to respond to evidence submitted by Plaintiff in her case in chief. 4. BXHIBITS. The exhibits to be produced by the Defendant will consist of copies of statements showing b3lances in various bank accounts, IRA's, and employment benefit plans, an appraisal of the house, and tax returns of the parties. All of those documents have previously been exchanged with counsel for the Plaintiff. In addition, the Defendant reserves the right to offer into testimony such additional exhibits as may be necessary to respond to evidence offered by the Plaintiff in her case in chief. 5. INCOHB. Tbe Defendant is employed by Carolina Freigbt Carriers Corp. as a dock worker. His gross wages for 1994 were $37,915.72, as confirmed by tbe copy of his 1994 W-2 statement wbich is attacbed as Exbibit B. Also attacbed and marked as Exhibit C is a copy of bis most recent paycbeck stub showing his gross pay for a one week period to be $559.36 and bis net pay for tbat week to be $349.96. Finally, attacbed bereto and marked as Bxbibit D is a copy of bis 1993 federal income tax return. 6. BXPBNBBS. Tbe Defendant bas recently been temporarily relocated to tbe I I Philadelphia, Pennsylvania, area as a result of a disputed job transfer. He has not II lived there long enough, as yet, to establisb his actual living expenses. An accurate I statement of his expenses will be prepared and submitted at tbe bearing in this matter. I 7. RBTIRBKBNT BBNBFITS. At tbe present time tbe parties have agreed to exclude I from the equitable distribution portion of this case the values of their pension plans, i the Defendant's with tbe Teamsters Union and tbe Plaintiff's with Blue Sbield. , , , 2 Accordingly, there will be no information at the hearing sub.itted about pension valuation. 8. COUNSEL PEBS. Defendant has made no claim for counsel fees in this matter, but reserves the right to submit information about the expenses he has incurred in the litigation of this matter in response to any claim for counsel fees by the Plaintiff. , 9. HAlITAL DBSTS. The marital debts known to the Defendant are listed on Bxhibit A.t 10. PRRBONAL PROPERTY. Defendant believes the parties will have divided their personal property by the time of the hearing. Defendant reserves the right to produce evidence at the hearing about the valuation of personal property in the event this issue is not resolved by the date of the hearing or in response to Plaintiff's case in chief. 11. PROPOSED RESOLUTION. The Defendant proposes that he retain his individual retirement account, his BSOP with Carolina Preight, and his interest in a hunting cabin he owns with his brother. that the Plaintiff retain her VIP account with Pennsylvania Blue Shield and the van she drives. The house will then be sold and the proceeds divided equally between the parties or the Defendaat proposes that Plaintiff acquire his interest in the equity in the house for a cash payment of $55,000.00. The Defendant proposes there be no award of alimony or counsel fees because the inco.es of the parties are substantially the same. ANDBS. VAUGHN & BANGS By ~.~ a el L. Andes Attorney for Defendant 3 BlBIBIT A = LIST OP ASSB'rlI ltAI.I'l'AL PIOPBlTY Asset Value Date of Valuation Residence at 3790 Hountain View Road, Hechanicsburg, PA $120,000.00 3/94 Non-Harital Portion Liens None 830,000.00* *Balance due on install.ent sales agree.ent owed to Willia. Radabaugh having a principal balance as of Dece~er, 1994, of approxi.ately $30,000.00. Defendant's Exhtblt Pr '., ... "."..... ,'.' ,,,,".,. 1/~' I~, .... .. l,,,,',...,,,,,...... 11"", IJln~"11 III;' ". \' II...,."....".". !',I'f il r."" L."" .....,I".r. ~........ ........V.. ,,,,,','It', '.. '1., I "".' I ,,'"111~1 . : ,'1111111.11 \. ....1, Iltlll I'. II" 1i,0I.... . \ ,"'. J ;' 1" I" I" 11.".1;111" 1".,It".." III 11111'" .II'I.ul II. 1....1.'.... 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MICHAEL A HEMPT 505 3RD STREEl' NEW CUMBERLAND PA 17070 .. 1,.......,.., e& 37915.n I'~....... CARLlS B 21 _... 379,19 2, VOIU Gron r.Vwll$ .dltn'l'd.. fullow. to produce VOU! W.2 GI.'I'IIl""I. W.g... Till.. olh,., Goel.1 D.cuflty Ml'diul. COmJMnUlloft W.U" W.g.. Ua. 1 01 W.2 00.3 of W.2 00.5 of W.2 OlouPar l... 401~1 (0 60,13) Reported W.2 Wagel 31,915,72 1,895,79 361019.93 I'A. DI.I. W.g... CARlIS 0 Tip.. [It. loc.1 W.g... Do. 17 of W.2 Tip.. Ett. 00. 20 01 W.2 37,915.72 HIA 37 .~!5.72 37,915,72 H/A 31.915.72 37,915,72 HIA 37,915.72 3. Employ" W.... Profile. To ch'na.)'OUr Employee W.... ProfIleln'ormIIUon. tn.. new W-4 with )'OUt JNlYTolI dept. MICHAEL A HEMPT 505 3RD STREET NEW CUMBERLAND PA 17070 :~:r~~cr";!J0'~ ;rv:Vj-=::'j' .2'J~.Iil' ,:.,,;' I Lft... ,,"-I ...i,,'~:ji;C:J, 1..'O.':-~.....t~-"'''I'~~_.:..T., ,. <Io,;W.,,_ _..,J.~ "_ ~L1pa.,oUMII"_p. 36019,93 3 $ocW MCUrtty tIiM9" 37915,72 5 "~37r15:12~'. Z. _1M 3952,85 4 . kdeI MCIIIt1Iytu wtthMtd 2350,71 . ....... 1M twlWWtW 549.74 . .o.&~t\'i'cr"' 1~4Coop. A~"7'211 o .~. ,...................%1,... CAROLINA FREIGHT CARRIERS CORP. PO SOX 697 CHERRYVILLE NC 28021 . ElII,*",,-," EDID~ . 56,0154153 Sod.IIM'CUfflyU,. dE. SAfI.-bft 02.46.5574 . AJIouIed bpi 10 Dtptftdmt ut. ~Ib tl Bml"lt -=Iudtod boa 1 UOtIle. 56,97 SUI , I 1!t Sill....' Of'("... ....._.... l".l~,. tot..., (h.!"""C"'"1I I X X ..11 EM" O'f'"', ft."... .dd'.... .ftCllIP c.. 7 .rw:t I pe....... ....- .. i MICHAEL A HEMPT i 505 JRD STREET ,NEW CUMBERLAND PA 17070 I" , I 5..I"fIt,.. '01' boa 1:1 o 1895,79 - U, !>i~""l "'II"~r.i'i~i'- -; If-!>,;',; ';;.i.hPi:-~i~ Ph 5(,016"153' 37915.72 ,~ ~I." ",,_,,';'plu 10(.1 6.1 ,'rll.. """1""'1'","1. ,,'.tt., I;' . ---.... I'J 11"'..loIW......... eMlIl!; U .' ......t.... .....,. ,," 1) r,'lf('1,lI rlllllg Copy W-2 VI.l!I" ;,,,01 T,,. 1994 Slall'I11"111 . ,'" '.' . ~.. .,' '. ..'H",'.. Ot*ofrUTDIrIA1lCDAJA-.-,.. llIC. r~-:!-DnMII"" ""l> w.,... Upa,....... 36019.93 1 IocW MCUfttt... 37915,72 · -3m"5~2." ;.', . - ... 3952.85 4 SocW....,.. lIIIIItlhI4d 2350.71 I ...... &III wtdIhrIId ,. , 549.74 .08~ll'I:2'" 1'6"!'~4 Coop. A~-:.gfJ . ~. .............. .....%1. ClOdt CAROUNA FREIGHT ' , CARRIERS CORP. PO BOX 697 CHERRYVILLE NC 28021 . MpkIyer". 0 0 nUMbe, . 56.0154153 50cltl Mewlly "~ 7 . AcfvMC'l EIC plIpI,"" 11 Nonqu.h.....pt.lII. " o 1895,79 II E~'.$SA..u",", . 202.4&.5574 .~..... to OIpeMent e... beNt". II B.fM'ft.IMIUIkd '" bo.1 t40"", " SI.I..... 0tu.1III P..._ IN" X .1 ("'piGy..'Il..._. ...d'.....Ad liP cod. MICHAEL A HEMPT 505 JRD STREET NEW CUMDERL^ND PA 17070 i r,,'sl.ip-:i;;PtOYfi-,U;IPlll' ill' !.1...P.........~i;li...iIC- PA 560164153 37915. n 1,0 .., II.. .,,,,,~;;.-.; ,.,;-- 10til (,.1 .', ..~ .. ~--"l", ""'. .", "....II!. i;' t'l t, ""I........ Co'\nI.lS n :' I., .',...".....,.. 1:'" 1'1 PA.SI.II.... rlllntJ CO"}' W-2 \'1"9" ;,,,01 T,,. 1994 ~Jt~d" 111.'111 , SodaI8ocuriIy _ 202-<W574 T____: _ED ElI4.....AIOo !J"IIowataI: fEDEJW.: 0 STATE: . lOCAl: . .; .'" ~:' , "'..', ,'.' w......... oUMt... 36019.93 , SodII.....,..... 3791S.72 · -Srns":12'" . ... 3952.85 4 .....MCUI'IIy.............. 2350,7 . ......,.............. 549.74 .0&~7"'mT' lYmt4 Coop. A~"7"2U . E........... ...... ............ DP .... CAROLINA FREIGHT, ;',: CARRIERS CORP. PO BOX 697 CHERRYVILLE NC 28021 . . I flwM4f 6.0154153 $oc1.11M'CWtJf' Ups . $s.A ""lIIbttt 02.46,5574 . AnocaIMI tips 7 . AttvMW:e EIe plf"MfIC 10 Pep''''''' elf. beMfft. 11 Nonqu''''INpU''' 12 BeMifl. Wtc:lUlkd i.. boa t " 14 Ot.... , , 56,97 ~~j Dtu.tN1 P"'X- IN' ....,~' "" -, ~I".", ~_, , I X ' [...p~"'. ........ .....,.... IlMIlIP Cod;-- f I i o 189S,79 , , :: n SI.I_II " I: ... I: MICHAEL A HEMPT ,: ,505 3RD STREET '; INEW CUMBERL^ND PA 17070 " , ' it. M,'I.'I;:';'.k;r;i-.-;'.I.ltl"-'n-~''''t'''''oI'll''' 1'1'" ..i.- PA 'jf,OI64ISl' l7~1~, 7':' 1" ~.,~... '''( ....... 101. '" ",'. ,,~.... 10r,I r.-1 '~J\ml:, !. .N..I ...."1.'.. I". . .1. ." l.~...." ...." '" :\1')1'-' ;;. .\,"II'J Clly 1)1 L," ;11 FlIlIlq Copy VI"!/,, and 1994 B 11',10'1,,1 '.1,,1,' 1'1l.1 I ,,' ., ~ . It' , ; ,,'<I'll !,,"l' 1"",loJ )".lI ,,, II",,: Iii (j 1 ;' ~. .Ud!.~, r.~ I I .' . ,\. It '0 11 !..oil.';,; fll,-;!!l ~ j ,,., :'.1'", "1111 tt' ,'...1:' ;'.1 ~;Dlo1;' O.nl 4.43 rill.,;. 15.6G 11;!,O!i CARL. l'.x 10,00 ESP 401 K 27,97 201.52 NATIONAL DR 1.00 6,00 UNION DUES 36,00 72,00 :'i(}Ll.11 :~"I" ,!~' fl'jllllll'( 1;'\;1111" '.1.uII,J1 :;loIlu:; ;'0;'..;.; ';',',: t~U1nlu~1 d ''''''i.:,{'ll~. I,' () (,! H'd' 1,1 (J 1.1 (J L.lIllinw. ~IMi;:;IJr. N1"'" YEAR [)t. SICK WORK It;lll~ .+.~_2.!:~~,"" 11""I"'lillll --..-.-.," .-- ..'..;u I(!.I i,lll: ~'1lI J;' ~ . j:' ~: (. 17,4800 32,00 659,38 21lJ.72 3,333,50 .,' .;-.:'........ 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"'''r'I'' . ". ... .1 . . . . ... . .' . 'J} I '. "~:,;:~~:."~~"",,,,,~~,,~..,,,~.;,,.:~.:.,.,,,,}:~.;;:.,;:: r:;: , . :..........~:l\i:..~r. ;:i~..:.... . .......~.... .;..~r't .. . ~:i~( ~~:?~~~1r:..:. ;;t:ri,!::.,,~.-...:..:.:,...~.:.~.:?_!.~:,:.:_:::._:f,~,.:,.:;_. ~,i_..~...:;,..;,;,'_~:'.:,~,.~,~::..~,:,,::.~';~,':i: '~'.~ . . .~..~..~:,~;:~~~~:.: ~~. .~' ',;LQ~,':'":~:',:~:i:. ,....., _ ~ .. ,::.: 1(1' .;,:. -,' . 'f_.. H. .' " ...:..::.. ....,; ,,, ;:it ~~ ,;t. '.:!:: ~.~:~ " Defendilnt s ExhIbIt c. ~__u_."""~ ::; ~ : .1 '. 1: :~r " .j!;;:.~ . ;:~:: :i: : ~:;;' . . .. ~. " ,'. " :;' I l I 11 40 . . ~t of the Tr...wry.-lnl.,nal R,v.nue S.l'\IIo. u.s. Indlvldu811ncome T8X Return FOt tho 1'01' Jon, 1-!loc, 31. 1893, or olhe, Iu yl., bolllMlng Your fnt name and initIal L.llt n.me (21 IRS U.. On/,-Oo /lgl ",,',II 01 II.p:,I" 11'''1 'Pitt . 1993. un(Mg '9 OMS N(.j '5.a~.OQ'4 YOu' IU"tll "f.Urny numb., Slngl. Manted flllng Jolnllllurn (.v.n If only one had Incomo) MIITlId NIng H\lIIItl ilIum, Ent., opouN'l soclellOcurtly no. lOO,e and lull neme here, ~ Head 0' hou..hold (wIth Quolltylng pellon), (See pageI3,) IIlhe Qualllylng pe,eon IS 0 Child .JI not you, dep.noenl. enler Ihll Chlld'e neme here, ~ Quell I wldowe with de andent child ear souse diod ~ 19 , Soo pa e 13.) liD YourMII. II your paront (or lomoono oliO) can claim you as . dopendonl on hiS 01 he, lax N, " b'... , IItum. do not check box 8., Sut be lUll to chock the box on IIno 33b on paga 2, ,h"S.I " 10 .'1 Ib 8 u... . . . . . No. 01 your Depend.nll: .g. I or or.", 'hlllron " I' d'Ptnd.nt'llocllllltuflfy .. (1) Him, (11111. Imual. and Iall nlm.) numb r WIIO: ' LJ . lI..d wllh IOU -L . III,'t II.. wllh IOU luo I' dlnfnor IOplIIlI,o(II' PII.,11 O.p.ol.,,, "I' .nol.nltr.dlboVl_ All numbon ,nl'rld on IInn.bOYI II> 1 I '-'i. d If your child dldn11iv1 with you but II cl.lmed U your d.ptndinl under a pre.1985 agre.m.nl, ChlCS h". ~ 0 . Total number of ax om tlons claimed , , . , , , , , , , ~@93 " Label ~tNctIonI on pego12.) U.. till IRI Ialbe1. OthIrwI... pIMH prtnt or type. P,uldlntlll . Ellctlon Clmpllgn SIt .,2, Do you went $3 to go to lhll tund?, , , , . , , If a Inll1tum, dOli our I u.. want $3 to 0 to Ihls fund? . L A a . L H . R . ...... CAR-RT-SORT**RR20 JI 202-46-5574 170-38-4583 S28 20 HICHAEL A & CONNEE L HEHPT ~790 HOUNTAINVIEW ~D HECHANICSBURG PA I 001 I R ApI. no. S 17055 12, r . f', Income Attach Copy B of your Porme W.2, W.20, and l080-R hire. If you did not gll . W.2. _ peg. 10, ,. 811 b II 10 11 12 13 14 15 151 17a 15 111 20 21a 22 23 ll4a b 25 ze 2' 25 2lI 30 W.glS. laiII1el, tlpt. olc, Anoch Form(l) W-2 , , , , , , , Taxabl. InterlStlncom. (I" pago 18), An.ch SchOdulo B II ove, $400 Tax...empt Inlllllt (IN pago 17), DON'T Includo on IInl 8al 8b I DIvtd.nd Incom., An.ch Schedull B " over $400 , , , , , , TlXIbll retundl, crldlll. or oNsotl of Itlt. and local income taxos (seo pago 17) Alimony recolved , , , , , , , , . , , BUllnosa Incomo or (lOSS), Anach SChedule C 0' C.EZ , , , Clp/la1 gain or (Iosa), Anach 6chedula 0 , , . , , , , C.pltal gain distributions not reported on linl 13 (se. page 171 Other galnl or Qo..os), AUach Form 4797, , , , , , , , , , , , , , T01a1IRA dlltrlbutlonl, ~ U b Taxaolo amount ('H pagl 18) Tglll plnslon. and 10nulUII l.1z!J U b TUOOII omount (SH plgo 18) Ronl.1 realestato. roy.ltlos, partnerships, S co,poraUons, trUSlS, elc, Attach Schodula E Ferm Incom. 0' (loss), Anach SChodule F , , , , , , , , , , , Un.mploymont componsatlon (sao pago 19) , , , , , , , , . , , , , Social IlCIJrlty bOllotlts I 21. I I I b To,a.'o amounl (.oa paga 19) Other Incomo, Wit type and amount-see pago 20 ............................ ,...,.., Add tha amounls In th,'a,,1 ht column for IinlS 7 throu h 22, This " outlotallncomo ~ Your IRA deduction (_ PIQI 20) , . , . 24a Spou.... IRA deduction (see page 201, , , , , , 24b Ono.ha" 0' lo".employment tax (see pago 21) 25 SIl'.employed health lnouranco deducUon (sae page 221 28 Keogh retlllroont pl.n and soll,omployed SEP doductlon 27 P.n.lly on early wlthdrew.1 01 ..vlngl, , , , " 28 AlImony paid, Recipient's SSN ~ 28 Add IInol 24a Ihrou h 28, These are OUI total ad ullmentl , ~ btract Ilnl 30 rom IInl 23. I, II your IdJUlted groll Inooml. If th" .movnt is leu than 123,050 and a child lIved with you. lee NQe EIC. f to fmrJ out If yOu can C'a,m the -E'rnea Income Cr.dW on Ime 6 . , . II you art anachlng . check or money order. put It on top ot any Forml W'2. W.2G. or 10GG-R, Adjustments 10 Income (SIt pegl 20,) eal. No, "3~08 SPO\.lIO'1 loclll"cU'lty nl,lmbt' For Privacy Act and Paparwork Reduction Act Notlca. aaa paga 4, VI' No Not.: Checkmg "(OS' X will nor enllng' yO" rIA 0' 'oduce '(O!/I I 'o'uro J ",", I~ .t 7 ~ --.--..-.-. 10 I ----- L . ~1' , _n t----- :~ _-- - '._~ :-.1 . 14 r:!r---"" .. r- I --..... t- 18b ! .. ____ _ 17b 18 , ..._.J I, 30 31 ';;5'; 18 Form 1040 (199)' Ponnl040C1I1Q'",.HeM ", :I~::",!;;, ," ,II "Amount !rom line 31 (adJuiled groal Incoml) '. , , . , " , Nt! Chec:k II: 0 You __ e5 01' older, 0 Blind; 0 8pou.. WII 55 or older, 0 Blind, Add lhe number 01 bo... checked lbe" and anI" Ihl 10lal horl ~ 33a b If your perent (or lomeonl 1111) Cln clllm you.. I dlpendenl, Chock hore ~ 33b o If you .,. mllTted nllng ..parltlly and your IpOUII IIlmll.. dlducllonl or you lit a dual-atalua allen, ... pag. 24 and check her., , . , " . 330 , , IWmlud deduollona Irom Schedul. A. IIn. 28, OR Menter' ltanclanl deduoUon Ihown b.low lor your IllIng Ilalul, But II you ch.ck.d the IlIIY box on IIn. Nt! or b, go 10 pig. 24 10 nnd your Ilandard deduction, ~ II you chacked box 330, your Ilandaro deduction II zero, . Slngla-$3,700 . Head 01 houlahold-$5,450 your. . Marned nllng Jolnlly or Qualilylng wldow(erH5,200 . Mantad nllng IIparallly-$3,l00 Submtline34tromllne32 I . . . . . . . . . . To Compu- tation (SM page 23,) If YOll want tMIRSto figure your tax, ... page 24. Credits ~page Other Texe. Payments Attach Forml W.2, W.2G.. and 1099." on the llonL Refund or Amount You Owe Sign Here Koap a copy ollhla ratum lor your recorda. Paid Pre parer's Use Only ..---- If line 321a $81,350 or leu, mulllply $2,350 by th.lotal'numb" 01 a.emptlonl clalmed on line ea. If Iln. 32 II over $81,350, II' Ih. wot1<lh..1 on page 25 lor Ihl amounllo Inler , Taxable I1I00me, Sublract IIn. 38 from IIn. 35, If line 38 II more Ihln IInl 35, .nler .0- , Tax. Check If lrom a t!!ot Tax Tabll, b 0 Tax RaIl SChldulel, 0 0 SChldule 0 Tax Work, _t, or dO Form 8815 (III pagl 25), Amounllrom Form(.) 8814 ~ I I 38 Addlllonal tax.. (1M page 25). Check If from a 0 Form 4970 b 0 Form 4972 40 Add IIn.. 38 and 39. ,. ,'.'"", "" 41 CradIlIor child and dtpandant care ..pans.., Attach Form 2441 41 42 Creelll 101' the Ildlrty or thl dllllblld, Anach Schedul. R" 42 43 Foreign lax credll, Attach Form 1118 . , , . , " 43 44 Other credlla (a.. pagl 28), Chick If ,rom a 0 Form 3800 b 0 Form 8398 0 0 Form 8801 d 0 Form (.peclly) _' 44 45 Add linea 411hrough 44 . . . , , , . . , , , 45 Subtract IIn. 45 Irom IIn. 40, If line 45 la more than line 40, Inler .0. , . 47 8aIf-employmar1t tax, Attach Schedull SE, A110, HI line 25, , , . 45 Alternatlv. minimum tax, Attach Form 8251 , , , , , , , , , , . . . , 41 Rectpture tax" (III P1Q128), Check II from I 0 Form 4255 b 0 FOlm 8811 cO Form 8828 80 Social lICunly and Medlcarllax on lip Income not rapened 10 amploye', Anech FOlm 4137 81 Tax on qualllled retlremlnt plln., Including IRAt, If required, Inlch Form 5329 , 82 Advance larned Income credll paymenll Irom Form W.2 , 83 Add llnel 48 Ihrou h 52, Thll It our total tax . , , , , 114 FtdIrIllncome tu withheld, If Iny I. I,om Form(.) 1099, chIck. 0 lIS 1983l1t1mated lax paymenlt II1d amounllpplltd from 1992 lelurn , lIS lamed Income oNeIlL Attach Schedule EIC , , , , , 87 Amount paid wllh Form 4888 (1.lInllon requ..I), , , ll8a Exc... 1ll(i11 IICVtlty, Mldlca", Ind RRTA III """"lid (SII pig I 211 ' b 0aftrTaJ of Iddltlonoll983Iax", Attach Form 8841 , , , , III Other paymentt (III page 28), Check II lrom a 0 Form 2439 b 0 Foml 4130. . . .. . . , , . . . " 59 80 Add 11_ 54 thro h 59, The.. Ire our total entl , , , , , 81 Kline 80 It mort thin line 63, IUbtrect IIn. 63 from IIn. 80, ThllII Ih. amounl you OVERPAID. 82 Amount 01 IIn. 61 you wanl REFUNDED TO YOU, , , " ,'," 83 Amount of IIn. 61 you Wlnl APPLIED TO YOUR 1884 ESTIMATED TAX ~ 83 114 IllIna 631. mora than IIn. eo, IUblreclllne eo from line 53, Thll II Iha AMOUNT YOU OWE, For d.taIl1 on how to pey. Including whit to writ. on your paym.nl, s.. p.g. 29 , , , lIS EaUmated tax a ... I 29 , A110 Include on IIna 84 85 ~ Under ptI\ItdM 01 PI"I~.I decllfW thall have ..amined tnll rllum and 8CCOmpln)llng schedules and ,tatements. and 10 1he best of my knowltGO' afld btUef. they.. true. conwc:t. and ClOmp6tt.. OedarlUon 01 pr'PI111 (other '''an taxpayerl's based on .lIlnform'llon of which pttplrer has any knowleage ~ Your I9\iture Oat, Your OCC\,lplhon , lc. ore:r ~_r.sl" :-- -- =1 II all .' ~ lIS at . 36 37 lIS 38 37 ~ ~ 48 48 47 48 49 50 51 52 53 ~ 114 55 66 57 66. 6Ilb o 8p0u0e'1 Ilgnelure, V I /OlIlt ..Iurn, BOTH mUlllign, Oa'l spou.... OCCup.hon C.ler k.. "'-'I~ lignetura , FInn'I naml (or \'OUf1 ~ II ,,"-employed) II1d 0dd1'Oll Oa11 3 - - Cneck II ItIt.tmplOyea 0 ... - j: ~ ~'~."_'" ~'t . 1 -,~. . , fI.,..r . .. , .5'1 ;3;0 .. ~'- . -- 7;;'(" --+,- ,', Schedule A-Itemized Deductions . OMB No 16.6.CJ14 ,I SCHEDULES A&B l1'0fI!I1040), . (SchedullS lion 'bock) .. Attach to Form t04O, .. S.. InllNctlonl tor Schldul.. A Ind B Form 1040), ~@93 -"'...y....., - --- .., NMlIlIl- on Form lIMO , . Add IIneB 19 end 20 . , , , , , , , , , Enter amount from Form 1().40, Itne 32. 22 Mulllply line 22 above by 2% (,02) , , , , , . , Subtraclllne 23 from line 2', II zero or less enter .0. , , , , , ... 24 i ~~.~-:-:~~~,~I~,I.~~.:.~~~.~..~,..~I,~t, ,~:.~,~~~..~~~,~~~"~.:::::::: ::::: ::: :::: :::::: ::~ " 2e Is Ihe amounl on Form '040, line 32, more than $'08,450 I",ore than $54,225 if married filing seperately)? I NO, Your deduction is nOllimlled, Add lines 4, 8, 12, 16, , 7, 18.24, and 25 } and enter Ihe lotal here, Also enter on Form' 040, line 34, the larger of thIS amounl or your Ilandard deduction, I YES. Your deduction me be limited, See a e A.5 for the amount to enter, For PeperWork Ileduotlon Act Nalla, _ Form '040 InllNotlonl. CII No 1I330X Medical and Dental ExpenHa Taxea You Paid (SH pegI M.) Interelt You Paid (SH pogl A.2.) , NoIII PnonaI 1n1_11s nol deductible. Gifts to Charity (SH PIllI A-3,) Casually and Theil Loues 17 Moving Ex nail lS Job Expen..s 18 and Moat Olher Miscellaneous Oaductlons ' 20 (SH PIllI A.S for Ixpen... 10 deduct hire,) 21 22 23 24 Olher 25 Mlscallaneoua Deductions Total Itemized Deductlona o~~ec elutlon: Do nol include expenses relmoursed or paid Or other~. 1 Medical end dental expenael (see pege A.') , 2 Enter amount 110m Form 1040, line 32, 2 3 Multiply line 2 ebove by 7,5% (,075), , , , , , 4 Subtract line 3 from line', If zero or less enler .0. , 5 Slale and local Income laxes OReal eltale laxes (lee page A.2) . 7 ~~.r.~~~~:.~~p'~n~~~~~~ t~::~t .Ql.te.~~. ,I~~~.,~, 8 Add IInel 5 Ihrou h 7 , IIa Homl mortgage Interest and points reported to you on Form 1098 b Home mOf1gage Int_t not reported to you on Form '098, II paid 10 lhe pmonlrom whom you bought the home, lee page A.3 and lhow thl1 person's name, identifying no,. and address .. ....~jJ,bt:t..,fl."Q.\J.~k~.~",~"',......,' ......'"",..,..' .... ails' .Wl( r YiAl'.. nr.... /!I, ~.~\ !.'IIIiA~! ,.. ,l Jj, ,{ 7P.$! 8b ....~........ ....... ... ....... ............. ...............0..... 10 .Polnte not 'reported 10 you on Form 1098, See page A.3 forapeclal rules. , . . . , , . . . : 11 Inveslmenllnlerell. If required, attach Form 4952, (See page A.3,) 12 Add lines 9a Ihrou h " , C.utlon: If you made a charilabla contr/burion end received. beneflt /n rerum, see page A.3. 13 Contrlbutlone by clSh or check' 14 Other Ihan by caah or check, If over $500, you MUST attach Form 8283 , 1& Carryover from prlor year 18 Add lines 13 Ihrou h '5 , 10 l' 13 14 '5 ,~I17 I Movln ex enses, Atlach Form 3903 or 3903.F, (Sea pa e A.4.) Unrelmburaed employee expenses-Job Ira vel. union dues, job educetion, etc, If requil.ed. y.ou MUST aUach Form 2'08, (See page A.4,) ~ .,I,lJ\d~l'l1,~,,:,!~..;..!l.. Other expenlee-lnveslmenl, lax preparation, safe depoall box, elc. WII type and amount ~ ..,.. ....,.... , '-'-- SChldul1 A (Form 1040) IQ93 "'''-l...."',..._, " , I ", .' 'FGmt',' 2441 ChHd and Dependent Care Expenses . , ' OMB ".0. 1b45.00filJ VIS .._AoIhTrtIINY ___(2) NorneIIl- on F_1040 ~ Anlch 10 Form 1040. ~ 8.. II Irlll Inllrucllenl, . . ~@93 Att.chm,rn SO<l'onc:. No. 21 Your locll' IIcurUy number You need to understand the following terms to complete this form: Dependent Care Benefits, Earned Income, Qualified Expenses, and Qualifying Person(s). See Important Terms on page 1 of the Form 2441 Instructions. Also, If you had a child born In 1993 and line 32 of Form 1040 Is less than $23,050, see A Change To Note on page 2 of the Instructions. , _ Paraona or Organizations Who Provided the Care-You must complete this part, --- If ou need more s ace, use the bottom of a e 2, (I) Care provider'. . (b) Address 1 name (number, Str88t, spt, no" city, stsle, and ZIP code) (d) Amount paid , (see instructions) --r-..- " I I. a Add the amounta In column (d) of line I . , , , . . . 2 ,~0 /800 I 3 . Enter the 'number of qualifying persons cared for In 1993 , Old you receive depandant canl benaflta? NO YES t Complete oniy Pan II below, t Complete Part III on the back oow. IilIIIII Credit for Child and Dependent Care Expenses a Enter YOUR eamad Incoma 5 a If married filing 8 Joint return, enler YOUR SPOUSE'S earned Incoma Of aludenl or disabled, S88 Instrucllons); all othars, enter the amount from line 5 . . . . 6 4 Enter the amount of quallflad axpensas you incurred and paid In 1993. DO NOT enter mora than $2,400 for one quallfyin9 person ,or $4,800 for two or mora persons. If you completed Pan III, enter ,the amount from line 25 . , 4 7 Entar the lI11allelt of line 4, 5, or 6 . . . 8 .Enter the amount from Form 1040, line 32 , ,II Enter on line 9 the declmsl amount shown below that applies to Ihe omount on line 8 If line 8 Ia- Oec,mll If IInl 8 11- Ooclmll But not lmount Bul nol Imount OVlr over I. OVlr over II . I' SO-10.ooo ,30 $20,000-22.000 .24 10.000-12,000 ,29 22.000-24.000 ,23 12.000-14.000 .28 24.000-26,000 22 9 I 14.000-16.000 ,27 28,000-28,000 ,21 r~ . 16,000-18,000 ,26 26,000-No hmtt 20 ~ 18,llClO-20,ooo .26 ~ 10 Multiply line 7 by the decimal amount on line 9, Enter the result. Then, see the tnstructions for the amount 01 credit 10 enter on Form 1040. line 41. , , . . . .. .,.. .J.9_ -3 !D i'::' , Cautlon: If you paid $50 or more In e celendar quarter /0 8 person whO worKed In your hOme. you muSI /,;e ar em%vme"! lax relurn, Get Fonn e42 for delall" . For Paperwork Reduotlon Aot Notlca, laa .aparate 1"ltructlonl. ell No 11802M Fo'", 2-441 --:-~, .' ~o ',,8IlIlII COMPlHIATIOfl, W.gtI. ....11I1, Upl, lie, AI1IC/l F....(I) W.l....."."""..," 10, UHMIMIUIIIlO EMMYE IUSINESS EXPEHSES. Allleh PA Sellldu~\I1 UE.. ,.. ..10 Ie, HET PA TWlLE COMPfNSATlON, SUOUIC1I1.. 10 Itom II.. I. I, TWlLEINTlMST, From lnacllld PA Sch.du~ A"...""."... S, TWIll DIVIDENDS, From lllac:lIId PA Sclll~~ B """,,,,,,,..,,,,,.....,,,..,,,,,,,,,,,,,,,,..,,",,,,.. ~ 4. PA PROFIT OR ILOSSI FROM A BUSINESS. PROFESSION OR FARM: 14&. From Il\ICIlocI &dIoclu1o(I) C 1Ild/0< Scllldulo(II F ,,,,,,..........,,,,,,,....,,,,...,,..,,..11 I:: ;:= ,:F~u:;\:~~.;'~~~.;;;~;';~';~~'~~"""''''''..,....'''.... 40. i 5, PA GAIN OR ILOSS) FROM THE SALE, EXCHANGE OR OISPOSITlOH OF PROPERTY 151, From 1_ PA ScllIclUIo(I) 0 Ind/O< PA Schldullll) 0-' .."..,..........."." ..,....~. i511, From Il\ICIlocI PA ScllIcluIo(I) RK,I......,..,..,..,..,......................,....,..............~O 251. From Il\ICIlocI &dIoclu1o PAolI. SaIl 01 1",101III Rllldlnc.......,.................."..,.5c ;5d. AMOUNT OF ALLOWABLE EXCLUSION FROM LINE 20 OF PA,......................".. ""...... 50, NET TAXABLE PA llAIN OR NET ILOSS), TOlllllnlS la, SO, 5 5e .. e, NET TAXABLE PA IHCOME OR NET ILOSSI FROM RENTS, ROYAL liES, PATENTS ANO COPYRIGHTS From._ PA Scllldulo(l) E 'nd/o< Sch'du~II) RK.' ................. 7. TRUST INCOME, Fram .11IC1lIcl PA kIIIdull J..,..,......,......,..............,.............,........,,,.......... e, llAIIBLlNG AND LOTTERY WINNINDS, A1IICh IcIIldu~ 01 IIpllOlllon ollneoml or 110111 ,.... ... , '" II, PfNNSYLVANIA TAXABLE INCOME, Add 11..1 Ie, 2, 3 4e, So e, 7 and I. 00 HOT SUBTRACT lOSSES !! 10, TAX LIABILITY. UlI OF UNE' Muh' U.. '0 ,021 .. 11, TOTAL PA INCOME TAXES WITHHELD, flom anlChld formll) W'2. PA ESTIMATED TAX PAYMENTS: 'I., Ctldll from ..92 R"..n $ lID, ToW 111I3 Elttmalld Tu ,."",nll $ 12e, Tu Plid wllh 1993 ElIt,"lIon I li'2, TOTAl ESTllIATEO PAYMENTS AND CREDIT (Add 11..1 12.. 1lD .nd lIe),......,..,..,,,,............,,.. 1113, TOTAl CREDIT FOR TAXES PAID BY PA RESIDENTS TO OTHER STATES DR COUNTR'ES I From._ PA ScII.du~(I) G: PA Senldu~ RK'I 0< OIh" ovIdln" 'I III dUl .n'ln" .11I... 1'4, TAX FORGIVENESS CLAIMED PA SCHEDULE SP. Complll. PA Se"dull SP and ,.. SP Wo,,,.." Z 141. Dtpencllnll Claimed on PA SChtdul. SP; '4t), Cllllmanl'l T0111 EliOlD1h1t Incom, 'rom lint" Cl l"t ~p WOrklhlll: lie, C1IinInt'l TOIII Supporllncom. I,om SliP 2 ollhl SP W.",nlll. IS, EMPlOYMENT INCENTIVE PAYMENTS CREDIT, F,om 'Ilac:llld PA Schldu'III) W.............."..,..,.. II, TOTAL PAYMENTS AND CREDITS (Add IIn" 11. 12d, 13, 11, .nd '51 ,~.... < ,,',' ,f, . , . COMMONWEALTH OF PENNSYLVANIA ' ' 1 ~,~~:Rt!'d~!~tr\~m~~:~!~~~c~~.I~~~Wm . ; *' l;~( ~Nl YIII~,:;: BtIllnnlng , ,...;, 1913 l I i Ending 1994 *******.If**CAR-RT SORT**RR20 """'I' 202-46-5574 HE 170-38-4583 HICHAEL A & CONNEE L ,""'.........', HEHPT 3790 HOUNTIAN VIEW RD HECHANICSBURG PA 17055-2128 liSlCtcH OffiCIAl. uil fIlINO Imu.' Ie,,,. o.tI oceU'AlION' s ~S"g,. ",' \ I J "',II,.a 1,1;"0 I IO,N r,II,It\ I I ,,~ ~'I' (.,. U M,Hlla, 1:1'"0 \'Dj't1t1y l5[' T JOlnl CIJ.m Fe! '1,1 Or;IYI"'" Spoil"', o a Dtc.11I0, rln,! fll!J'" .... I( OallolOnl1'l ., RlIlDENel ITATUI: ICn". Onll" A Pa.,I", Rnldtn'l P OP.I1 VU' R"lo,nllrom liV3 10 '99l ,.....,...,.-, NAMI/ADORUI IAIEl OPTION o CIlICk htr, II yOI,l DltO" prlpa'" aM! JIIII Gilly oIIIIanll; Iturv, Il'Iam"ladf'u Iltel 1I11lJ.!!: .~___. ._.. O'''t,AI :.~I , 1~"C"'ll HOW "'''\' Cf IAt,. IO_ij QII $C"(O\,j~( IS AnAt"': fOlml W.! ~ 5,", UE OJ J F~I"'1 '099 ...., I StIli A [J Seils E r~ ~ ~- I S,", C ~ S'hl F D 'S,", RK" r--; i 5"1 0 1'1 Se",D" [J PA'19 ,---. L...J 117, TAX DUE (SUBTRACT LINE Ie FROM LINE 10) MAKE CHECKS PAYABLE TO PA DEPARTMENT OF REVENUE 17 S te,DVERPAYMENT (Subtract L1nl 10 lrom LI.. 16)....., .. ..... . . . '8 I Ij , j;',c< ;,,,,. ,;. '/)" E,Ia, Amoun. 01 Unl IS ,6"REFUNDEQ:)"..",. ., ..... . . I : 'II .L I - HII TOIll 01 linn ~~. .-=-~--~ lID, Amount 01 Uno 1810 III CREDITED 10 YOUR 19?4 ESTIMATED TAX ACCOUNT. ....,. .. ! '9' ~Ik, Amount 01 Uno IS to III DONATED" 111I WILD RESOURCE CONSERVATION FUND....""". I '" '9< a'.'ge ,Ii: ~ lid. Amounl 01 Uno 18 to III DONATED to Ihl U.S. OLYMPIC COMMtTTEE. PA DtUlSIOH MUST EQull l'" " ",e UIiIIf'....... II ,.,..,. I....... ..... .......... .... ....... ....,...,.., ..~.... II' ItftINlltI, .It It 1M Mil 'Illy Utwlt.,. '1' fillet IlIIrM. Wftct III' "lIpll.. y." \. CIl~ ""\I'IOIYW.DUedn.~CIl""lC7'h;ll1CW""""'~ Sign.. X X :i. /L~J'W"" __~____.__ hlr. MWllt'911 ...~ 01\ tilt I~l "P"" ,,'~)fl' .... , :JI" . 2 ,3 AlIach An R,Ql,llleC Documents ., TnlS Return MuS! Bt FIIIO On Or B,IQ'f Ap,n IS, 199. OOlfOTI/ljCl.UOlLlJrl[5iClI/ljI,JI![!It 5d I , ~e ' i ...1 e 9 IC "1 I $C!':I f r--, Scnl J , L--.-J ~\ I ,q .:!~ ' Set InSltuthon$ F:' i CIJlmlno hhmal.c C"C' i .. .", 12d 131 u' I l S," G I ! Ua , ~ 1 4 : i-'- I 51.11'00:' R'I,," --. ." IS . 16 Uc 5:1\' N L- I 71 77y. Lj &~ .3-'_CJ4 P:J~l' J ~... . , ' ! . . ,~ DIo2 and SP (9093) .~....'. ALLOWABLE BUSINESS EXPENSES bp,n,.. fat which yo" a'. IIOt ,.'mb",,,d by )'ollr .mploy.'. A!I.ch. liP.'." UE,2 ,. f.,m PA,40R f., .och .mpl.y.' Print 0' r . 011 informarion. 'ART AI UNION DUIS IN.... .nd om...') " v /1(. ~.,'~':;'.j ,.\ 1993 SCHEDULE UE.2 ORK CLOTH IS AND UNifORMS III ,.qui,.d 01 0 (o",dillon 01 .mplaym'l'll and nOI Ivitabl. lor ...., do u.. 6 AR LL TOOLS AND SUPPLII5 IR,q.irod by yO.1 ,mploymonl 0'. no' I.ppn.. by' yo", .mploy") C PAU 01 PROPlSSIONAL LICINSI PlIS, MALPRACTICE INSURANCE AND FIDELITY BOND PREMIUMS R. "i"d 01 0 condilion of o",.m 10 m.nl 0 I TOTAL IXPINSlS OF PARTS A THROUGH D. (REPORT ON LINE 1b 0' PA.40R) Special Tax Provisions Schedule (DO NOT fiLE If A DEPENDENT) P,inl 0' I all infa,malion, A I. At. yay a dep.nd.n' 'pow.. or childt ....................."..................... 0 V.I [J No 2. At. yoll clal"," 01 a dep.nd.nl on yow, IPO""', Sched"l. SP' ........ [J V.. [J No 3. Are yoy b.lng dohntd 01 0 d.p.tld,n' child fa, f.d.,oIIOA pvrpo..I' 0 VII ~ No If yo" OIllwlt,d "V.... 10 q,,"lIonl 1 0,2 0' 3 or .. DO NOT fiLE A SCHEDULE SP 8 1. Tol.1 numb..., d'P!'nd.., chUdron In f.mUy L1.t bel.w .11 d.p..d.." y.u.re ..'itl.d I. claim. DO NOT INCLUDE YOURSELf (Addi'ion.1 inf.,m.'i.n m.y b. ....ch.d on 0 ..p.rat. .hll',1 1 ~ 3.5. 1 451, DEPENDENT'S NAME "'GE SCHEDULE SP PA DEPARTMENT 0' REVENUE .. All yo" 0 U"d.nl b.ing c1oim.d 01 0 d,p.nd.nl on onOlh" 1011 "1,,,", ... S If marri.d. i, you, 'POUlt lili",; 0 Scll.d",l. ~PI 6. At. yo" 0 ""ldow'widow."., I. TOT"'L TAXABLE INCOME fROM LINE 9 Of fORM P...,40R",,,.,,,,,..,,......,,...,,.. 2. NONTAXABLE INTEREST, DIVIDENDS AND GAINS (W.,k,hoo,lin, B2) 3. ALlMONYIYOUR SUPPORT (WorklhH'lin, Bl .nd B31"....",,,,,..,,,,.,,,, 4. llF~ INSURANCE AND INHERITANCE PROCEEDS IWolklhoo' lino B41 $, GIFTS, AWARDS AND PRIZES IWork,hool lin. BS)...... , .."""..". .." 6. NONRESIDENT INCOME (W.rk.hoo'lin. B6) '''''' ",,,,,,,,,,,,,,,,,,......,,,,, 7. All OTHER INCLUDABLE INCOME (Work,h... lin.. 87 thlough 89)",,,., B. TOTAL INCOME. LINES 1 THROUGH 7 ABOVE IEn'or C1.lm..", To'.llne.mol. Col.mn A .nd on lin. Ub.1 PA.4DRI ... 9, PENNSYLVANIA PERSONAL INCOME TAX (from lin. 1001 'o.m PA,40RI 10. lESS TAXES PAID TO OTHER STATES (Iino 13. 101m P....40R),.",.""."., 11. SUBTRACT LINE 10 FROM LINE 9 AND ENTER DIFFERENCE,,,.,,,....,, 12, PERCENTAGE OF FORGIVENESS ISoo'neom. Tobl, 101 docimol.q.i,.I,nt) 13, AMOUNT OF SPECIAL TAX FORGIVENESS IM.hiply lino 11 by I,n. 121 Entlt hit. and on IIn, U of PA.40R............................"".... Pal' 4 :: 't'1 ',Nt. :: V,," OJ. :: V" _ r-.t;. SOC''''L SECURITY NUMBER Inter ho.. and on II... 14a of PA.40R 101.1 number ., d.pond.nt' you .re ontltlod t. claim..,,,,,,,,,.. 2. Tot.1 Othor Inc.... fr.m IIn. C7 ., SP W.rk.hll': CI.lm.n' 5 Sp.... S c ~~ !~ il "g a D a~ ~~ ~~ li!s COLUMN A CLAIM"'NT'S INCOME OR JOINT flllNQ COLUMN 8' I SPOUSE'S INCOME I ., i 2 3 4 5 6 7 B 9' I ~ 8- r-" ! 13 \ i " _c__ J J> I!:l , J> ." :z: : -,.~ ~ , " -.. -'0 I I." I,._~ t=1.If~~ . ~jf.f;~.fJ~'! ~ ;'.,:0;~._.-%:r:~.~x. ';;;';."...: ~"'~';;-:/" "*-,:~~,?;,~~:' ,,;,,:,;! : ';::-:.': /,.:~-' :-)-/'~' .,: ;: ...............__..~......... . tf jl.'~' 1'. fill ~ J '911 \-, to ... Q 0- - f!,,: ~ ,. t,! \'1\: " ., it' , ~~ II) .... ~ ! ~ III ~ g < t !:: II=l ~ e < c:ll ~ tIl Z .. " co ;< Z < 5 !! ~ G ~ E 2 ~ ~~~~~ " 0 " . .. 0 r.r III ~ z :r. r.l !', >- t:l n 0 ~ ; . ", . MICHABL A. HBMPT Plaintiff . IN THB COURT 01' COMMON . PLBAS 01' CUMBBRLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW CONNBB L. HBMPT Defendant NO. 94-1778 CIVIL TBRM ORDBR 01' COURT AND NOW, TUl1t 3, 1994, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Hubert x. Gilroft' Bsquire, the conciliator, at --.!d--LA-_LJQ.'~/r -Ll-trnb. Co. C<Mr\~ (..r~S&ennSYIVania, on -fricl~ the -.a.t'"'- day of JI-tly _, 199L/, at -5: 3d o'clock ~..m., 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. Bither party may bring the children who are the SUbject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. I ,,:~;4.i4r~~ ustody Conci lator ~ I IF YOU DO NOT HAVB A LAWYBR OR I I FOR THB COURT, YOU SHOULD TAKB THIS PAPBR TO YOUR LAWYBR AT ONCB. 'I CANNOT AFFORD ONB, GO TO OR TBLBPHONB THB OFFICB SBT FORTH BBLOW TO FIND OUT WHBRB YOU , ! CAN GET LBGAL HBLP. OFFICB OF THB COURT ADMINISTRATOR COURTHOUSB, 4TH FLOOR CARLISLB, PA 17013 (717) 240-6200 JUN 3 4 lS PH '9~ .i; FleE or ''', '~;ON~H~'r (.u~.~,~., :,'tLI C(~~:y jl f ~H, s.{ L -,LillA . . .. HICHABL A. HBHPT Plaintiff IN THB COURT OF COHHON PLBAS OF CUHBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CONNBB L. HBHPT Defendant NO. 94- CIVIL TERM COMPLAINT FOil CUSTODY AND NOW comes the Plaintiff, HICHABL A. HBHPT, by his attorneys, Andes, Vaughn & Bangs and makes the following Complaint for Custody: 1. The Plaintiff is HICHABL A. HEHPT, an adult individual whose address is 3190 Hountain View Road, Hechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is CONNBB ro. HEHPT, an adult individual whose address is 3790 Hountain View Road, Hechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 22 July 1978. 4. The Plaintiff and Defendant are the natural parents of four minor children: Corinne D. Hempt, born 22 February 1982; Julie L. Hempt, born 25 Hay 1984; Brin Hichelle Hempt and Hichael A. Hempt, Jr., (twins) born 28 August 1986. The said minor children reside with Plaintiff and Defendant herein. 5. Plaintiff seeks custody of the minor children, Corinne D. Hempt, Julie L. Hempt, Brin Hichelle Hempt, and Hichael A. Hempt, Jr. 6. The children were not born out of wedlock and are presently in the custody of the Plaintiff and Defendant. 7. During the past five years, the minor children have resided with the following I persons I I at the following addresses: 1 ,i '.f9"-.."'-'"' ,.."....~ ~ " ... . 1989 to the present 3790 Mountain View Road Mechanicsburg, Hampden TYp. Cumberland Co., Penna. Plaintiff and Defendant 8. The mother of the children is the Defendant who resides at the address set out above. 8he is married to the Plaintiff. 9. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with the said minor children and the Defendant. 11. The Defendant is the natural mother of the children. Defendant currently resides with the following persons: the said minor children and the Plaintiff. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said children. 13. Plaintiff seeks an order awarding shared legal and physical custody of the minor children whereby they spend at least fifty percent of their time in the physical cusotdy of Plaintiff. He believes that is in the best interests of the children for several reasons: I I' I A. Both parents have been actively involved in parenting the children and have participated in all parenting activities over the last several , ~ I years. . .,' . ) , , 2 "'1 1 .......,,."~. . ...,. ..-~..,.-........... " '. . . " B. The work schedules of the parents, and the school and activities schedule of the children, lend themselves to shared custody. C. An award of primary physical custody to either parent would disrupt the other parent's relationship with the children and that parent's active role in the children's lives. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. VHHRBFORB, MICHAEL A. HEMPT requests this Court to enter an order awarding shared legal and physical custody of the children and setting a schedule to give each parent maximum time with the children. ANDES, VAUGHN & BANGS BY~c;~ ~/I')/(~-,-f. 44<4s Micha~ngs Attorney for Plaintiff Ii [' .1 3 . .' , COHMONWBALTII OP PBNNBYLVANIA I ( BB.: COUNTY OP CUMBBRLAND I MICIIABL A. IIIlMPT, boing duly IIworn according to law, depose II and lIaYII that the factB Bot forth in the forogoing Complaint for cUlltody are true and correct to the best of hill knowledge, information, and belief. i , I , i i Sworn to and 1I\I1lB..ltr,\bed i I before.pt.!t thil\::::J tfiky 'i Of\ -...,' U(j , 1994. LU.LM )(J,J A ~ : Notary P/I l~!::: ~\C.W o...~ MICHABL A. HBMPT '. i, i UU1^RII.l II^l WI UU'" S. hI AliI.. Nol~IY I'uhhc lcmoynu OOfO. CUlllluulAnd County. r;. My (010,.1"'011 LApin. MAY 6. 199 !i " 11 Ii il I I Ii 'i I I I i I I ,I I: II I' Ii I; [I " II I I: 4 SEP 14 1994 de- ,t..."_t-,.,__. .. MICHAEL A. HEHPT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1778 - CIVIL - 1994 : CONNEE L. HEMPT, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER ,~ AND NOW, this I ~ day of A~ c:...t- of the attached Custody Conciliation directed as follows: , 1994, upon consideration Report, it is ordered and 1. The parties shall meet for a second Custody Conciliation Conference before Hubert x. Gilroy, Esquire, the Conciliator, on the 4th floor of the Cumberland County Courthouse on the 28th day of October, 1994, at 10:30 A.M. 2. Pending further Order of this Court, the Father, Michael A. Hempt and the Mother, Connee L. Hempt shall enjoy shared legal and physical custody of Corinne D. Hempt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin Michelle Hempt and Michael A. Hempt, Jr., (twins) born August 28, 1986. 3. Physical custody shall be handled with the parties sharing physical custody on alternating weeks. Exchange of custody shall be accomplished at 6 P.M. on every Sunday. The party having custody of the children shall feed the children before exchange of custody on Sunday. The custodial parent shall deliver the children to the non-custodial parent's home each Sunday at 6 P.M., with no need for the custodial parent to go in to the non-custodial parent's home or even go to the door as long as the children verify that the other parent is home. 4. The children shall continue to attend school in the Cumberland Valley School District pending further agreement of the parties or Order of Court. BY THE COURT, 1(L-. AIL cc: Maria Cognetti, Esquire - l:..t,loJ ~~"..{ '/ II,,/q~,p. Michael L. Bangs, Esquire - <=<'t3- fk,....L"':"- f.k- qln.lr;/f. .J!>f. ~~ ' !. i , , . .' SEP IG B 114 ~l\ t9~ I F\\;t. Of ~hi' iHOr~1,\i\'t f;lJt't~~;";L!.'W C(::\~~HY tiE hH SiL"" f".! l :,:' ... ---- .... .-.~.-..- . MICHAEL A. HEMPT, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1778 - CIVIL - 1994 . . CONNEE L. HEMPT, Defendant . . :CIVIL ACTION - CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Corinne D. Hempt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin Michelle Hempt and Michael A. Hempt, (twins) born August 28, 1986. 2. A Conciliation Conference was held on August 27, 1994, with the following individuals in attendance: The Mother, Connee L. Hempt, with her counsel, Marie P. Cognetti, Esquire, and the Father, Michael A. Hempt, with his counsel, Michael L. Bangs, Esquire. 3. The parties separated just one month ago. The Father moved out of the marital home and is living with family. The parties have worked out a week on/week off custody arrangement. There are still a number of disputes relative to this arrangement. The Conciliator is of the opinion that the parties will be in a better position to work this matter out on their own after the parties have had an opportunity to make a judgment on the current custody arrangement. A few weeks post separation is not the time to attempt to work out this type of custody arrangement. For that reason, the Conciliator recommends that a second Conciliation Conference be scheduled in the fall. Pending that Conference, the Conciliator recommends the maintenance of the status quo with the children continuing to attend school in the Cumberland Valley School District. The Mother resides in the Cumberland Valley School District and the Father resides in New Cumberland. . . . 4. The Conciliator recommends an Order in the for.m as attached. Q.13ol Q ,( DATB CJ6 , Nav 07 199.J (Jj./ MICHAEL A. HEMPT, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 1778 - CIVIL - 1994 v CONNEE L. HEMPT, Defendant . . . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this 1 'I' day of loIo--u- of the attached Custody Conciliation directed as follows: , 1994 upon consideration Report, it is ordered and 1. This Court's Order of September 15, 1994 is ratified subject to the modifications set forth below. 2. Exchange of custody between the parties shall take place at 5 P.M. on Sunday instead of the original scheduled 6 P.M. exchange. The parties shall submit themselves and the minor children for a custody evaluation to Guidance Associates. The focus of this evaluation shall be to determine the children's feelings and attitudes with respect to the current custody arrangement and with respect to a potential future custody arrangement. The evaluator will, for purposes of this evaluation, presume both parents are fit and capable parents. The focus of the evaluation should be on the children, with the parties not anticipating at this time any elaborate testing being required for the parents. The evaluator is requested to have a written report concerning the evaluation sessions sent to counsel for the parties within thirty days of the evaluators receipt of this Order. The parties are instructed to cooperate fully with the evaluator with respect to scheduling the children for evaluation sessions. Both parties shall share equally in the cost of this evaluation and the parties shall pay for all costs that are not covered by insurance. There is an understanding between the parties that the older child, Corinne, shall be in the physical custody of the Father and her siblings during the week that he has the children for the time' frame from Saturday at 10 A.M. until Sunday at 5 P.M. '". . , ~cJ\\ ~ ','\ . For the Thanksgiving hol~gay;' t~e' children are scheduled to be with the Father. Ttl'fj Mother shall enjoy temporary 3. 4. 5. ,p.~j;4J:\1:' '"i. ." custody with the children from Wednesday at 6 P.M. until Thanksgiving Day at 4:30 P.M. 6. The parties shall convene for a third Conciliation Conference before the Custody Conciliator on January 26, 1994, at 9:30 A.M. 7. Neither party shall be prejudiced by this Order in raising any and all issue concerning a permanent Custody Order in the event this matter is litigated before the Court. BY THE COURT, API- co: Maria Cognetti, Esquire Michael L. Bangs, Esquire_ .........: t:,{ /lI/I./H' A~' f..t.'t;r fl.cuJ ~ ~ ,'/Il~/q<f. ..A ,('. ~ ,.d ... ~' 'f , II \1 ! MICHAEL A. HEMPT, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1778 - CIVIL - 1994 . . CONNEE L. HEMPT, Defendant . . :CIVIL ACTION - CUSTODY I" C// (it{ TE PRIOR JUDGE: JUDGE KEVIN A. HESS CONCILIATION CONFERENCE SOMMARY REPO.R!l' IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Corinne D. Hempt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin Michelle Hempt and Michael A. Hempt, Jr., (twins) born August 28, 1986. 2. A Conciliation Conference was held on October 28, 1994, with the following individuals in attendance: The Mother, Connee L. Hempt, with her counsel, Maria P. Cognetti, Esquire, and the Father, Michael A. Hempt, with his counsel, Michael L. Bangs, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. .. f..~._-,::ft"""-~-" "'--"_ DEe 1 4 \994 dJ-.. MICHAEL A. HEMPT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1778 - CIVIL - 1994 : CONNEE L. HEMPT, Defendant . . :CIVIL ACTION - CUSTODY COUR~ ORDER AND NOW, this ~ day of :J~<.. d:c- , 1994, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of November 14, 1994, shall remain in effect subject to the modifications set forth below. 2. Custody of the minor children over the Christmas holiday shall be handled separat~from any other custody arrangement. Custody shall be alternated from December 24 at noon until December 25 at noon and December 25 at noon until December 26 at noon. Mother shall enjoy the children in 1994 from December 24 at noon until December 25 at noon with Father enjoying custody from December 25 at noon until December 26 at noon. This shall be alternated from year to year with the Father enjoying custody of the children on Christmas Eve and Christmas morning in 1995. BY THE COURT, Maria Cognetti, Esquire ' Michael L. Bangs, Esquire ~;J.... cc: evin A. Hess \ ~<l 1:2.!.q/Q/f. " . - C"fo.-(..t~ "'-'-t:o. .1.1"/ ( ~ 1.:1.1') 'i't' "",;p, fe. ,~ I ! ...,;.; ',." ,-......"......,.-... MICHAEL A. HEMPT, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1778 - CIVIL - 1994 . . CONNIE L. HEMPT, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE KEVIN A. HESS CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Corinne D. Hempt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin Michelle Hempt and Michael A. Hempt, Jr., (twins) born August 28, 1986. 2. A telephone Conciliation Conference was held on December 8, 1994, with the Conciliator speaking with Attorney Maria P. Cognetti, counsel for the Mother, Connie L. Hempt, and Attorney Michael L. Bangs, counsel for the Father, Michael A. Hempt. This Conference was initiated by counsel for the parties. The Conciliator had advised the parties that, in the event the parties were unable to agree on a Christmas visitation schedule, counsel for the parties could contact the Conciliator and conduct a Conciliation Conference by phone. 3. The existing Order provides for an alternating week schedule. Father is scheduled to have custody over Christmas week. However, Mother desires to have custody of the children on Christmas Eve and Christmas morning. 4. Father argues that he had custody over Thanksgiving but that the Mother was afforded, by agreement at the last Conciliation Conference, time over Thanksgiving from 6 P.M. on Wednesday until Thanksgiving Day at 4:30 P.M. On that basis, Father suggests that he is entitled to have the children on Christmas Eve and Christmas morning for this year. 5. The Conciliator notes that the parties have not yet been separated for a year. This will be the first Christmas that the parties and the children are faced with this dilemma. . . The Conciliator also notes that the Mother is living in the marital home. Where the parties are unable to reach an agreement on Christmas, the undersigned Conciliator suggests an arrangement whereby they will split from noon on Christmas Eve until noon on Christmas Day and from noon on Christmas Day until noon on December 26. Such a schedule would alternate from year to year. 6. It is clear that some Order needs to be entered to address the Christmas holiday. The Christmas holiday should not be dictated by which party has custody on a week to week schedule. 7. Because of the uniqueness of the Christmas holiday and the fact that this is the first year the children and tha parties will be faced with separate homes, the Conciliator leans towards leaving the children with the Mother on Christmas Eve and Christmas morning for the first year, with such a schedule to alternate in future years. 8. The Conciliator recommends an Order in the form as attached. I 'J/I<<II (t( DATE p' FEB ') 1CifF::: .-:1.__ "" \;I,:)\..h)~ ~ MICHAEL A. HEMPT, Plaintiff v tIN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 1778 - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY COURT ORDER CONNEE L. HEMPT, Defendant AND NOW, this ~ day of of the attached Custody directed as follows: /"6(,y~:17; , 1995, upon consideration Concil tion Report, it is ordered and 1. The prior Orders in this case are vacated except for Paragraph 2 of this Court's Order of December 19, 1994, that dealt with future Christmas holidays. 2. The Father, Michael A. Hempt, and the Mother, Connee L. Hempt, shall continue to enjoy shared legal custody of Corinne D. Hempt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin Michelle Hempt and Michael A. Hempt, Jr., (twins) born August 28, 1986. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody on a reasonable basis as allowed by his work schedule. Father shall advise Mother in advance of his work schedule and give Mother reasonable notice as to when he desires to exercise temporary custody. Under no circumstances shall the periods of temporary custody exceed three weekends per month. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires a modification of this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. BY THE COURT, J::::;~;;n 1 ~~ cc: Maria Cognetti, Esquire-3401 Front Street, Harrisburg 17108 Michael L. Bangs, Esquire ~. ~., ,~cl :J.../rr 1<15, -!. f' . . MICHAEL A. HEMPT, Plaintiff v :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 1778 - CIVIL - 1994 . . CONNEE L. HEMPT, Defendant : :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE KEVIN A. HESS CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Corinne D. Hempt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin Michelle Hempt and Michael A. Hempt, Jr., (twins) born August 28, 1986. 2. A Conciliation Conference was held on January 26, 1995, with the following individuals in attendance: The Father, Michael A. Hempt, with his counsel, Michael L. Bangs, Esquire, and the Mother, Connee L. Hempt, with her counsel, Maria Cognetti, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. tl1d qs- DATE c)6 Hubert X. Gilroy, squi e Custody Conciliator FEU 7 3 3G ['/I '95 i ,.~~ .' ., ,;1 l fr ,. ". , .'-' i , i' !..; , .... .:zo c:::> - R3 g ~ ~ - >- "'~ ",1- Ul~.r, U(.,,~).l ~~~~.: 'f:; ;,1; ~j ~~: ,,:-,>:,".1'" , IV) t .'}:;r.: ., l~ ~ ,.. l:: ~niH ;~~:n. ':~ iL..' ~ M tIl 0 I) !: ~ ~:i ~~n ..l ~ ~ ~ >- . .. ~ ~ i ~ ~ 0 i .. 5h~ .. . = ~ .. ~ I,UG ~) ", ',; 120 l..:~j j P1\ va, ) I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL A, HEMPT, Plaintiff CIVIL ACTION - LAW CONNEE L. HEMPT, Defendant NO, 1778 CIVIL 1994 ORDER OF COURT AND NOW, ~, 1995, upon consideration of the attached Petition for Contempt and Modification, it is hereby directed that tha parties and their respective counsel appear before Hubert X, Gilroy, Esquire, the conciliator, at 4th Floor, Cumberland County Court House, Carlisle, Pennsylvania, on Fa c.\""'t ' the ~ day of Oct-Dbff: 1995, at 9,' $:J o'clock !1..M" 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, Either party may bring the children who are the subjact of this custody action to the conference, but their children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR TH~URT, BY: -A/~-t~~i Y jJ~~54, Custody Conciliat6r (/ ~I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA~ GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 Auc 29 2 Z8 PH '95 OF r'".I" 'Jlf,C~ CUMOf' "; rIlOIl~T4'" " .f...Hn ~rl/I f PE.I/USYI iA'/IIA,jft I I t ;, ~'a?9f "I'd9'~ "f'~'fS &d. t'~ /}f~ ~ )?/. cLJ~ ~~ P1a~ ~ dfII. ~~~ #~~# , -~._.. <-" ...... l..-.,,;:' MICHAEL A. HEMPT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 1778-CIVIL-1994 CONNEE L, HEMPT, Defendant CIVIL ACTION - CUSTODY PETITION FOR CONTEMPT AND MODIFICATION AND NOW comes the Plaintiff, by his attorney, Michael L. Bangs, Esquire, and files the following Petition for Contempt and Modification: 1, The parties are subject to a custody order involving their minor children, said custody order dated 7 February 1995. Attached hereto and marked as Exhibit A is a true and correct copy of the order. 2. Defendant, Con nee L. Hempt, has repeatedly violated the Order as follows: A. The children are not ready to go with the Father on the scheduled visitation weekends, B. The children have been prevented from going with their Father on scheduled weekends. C. The times scheduled by Father have been changed arbitrarily by Mother, D, Mother has interrupted Father's regularly scheduled vacation. 3. Plaintiff is in need of a modification of the schedule to insure that Mother provides him with the regular and consistent access that he is entitled. Respectfully submitted, 4. Plaintiff requests that the weekend times be fixed and that the Defendant be ordered to have the children ready when he Is to pick them up. WHEREFORE, Plaintiff requests this Honorable Court to find Defendant In contempt of the Order of 7 February 1995 and furthar to modify the Order such that it specifias the exact times for the weekend visitations and for other holidays and visitation pariods with the children, Michael L. 'Bangs Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (7171730-7310 Sup. Ct, ID #41 263 2 :~~.;-...~ I COMMONWEALTH OF PENNSYLVANIA ) ( 55: COUNTY OF CUMBERLAND ) MICHAEL A, HEMPT, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition for Contempt and Modification are true and correct to the best of his knowledge, information and belief, 11/.1...11/, V MICHAEL A. HEMP , HOTl\Jl!I.l W.L WENDY S. CH!;~. l-k:orf r-.b:!.: lalllCl)'lW I!oro. c;:,mborl.wl Cotm"y. f'A "" CommIuIon &.pin.. /N3f 10. 1m 3 :~"',:,."".',""i< ~ , i [i )Us:; tJ- :'.1.1 MICHAEL A. HEMPT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1778 - CIVIL - 1994 CONNEE L. HEMPT, Defendant . . . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE KEVIN A. HESS COURT ORDER AND NOW, this /911) day of tfL <1 U.ll/ ~) , ~pon consideration of the attached Custody Conciliation Report, it ~s ordered and directed as follows: 1. A hearing is scheduled in Co~rt Room Np.. 4 of the Cumberland County Courthouse on the I '/t/l day of &{" "1/;1' \ /, 1995, at _ q;3Ql1.M. at which time testimony will be taken ~n the above case. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth a history of the custody proceedings in this case, each party's position with respect to custody at this time, list of witnesses that will be called to testify and a summary of anticipated testimony of each party. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further order of this court, the court's prior order on custody shall remain in effect. BY THE COURT, . AIL cc: Samuel Andes, Esquire Maria P. Cognetti, Esquire ~ /O/I'I/'IS, ~.-P, ;. f~ r OCT 19 II ,dll '95 , '~ . J. 1,10'),,1..11'1 !t In . ,'i ~ , ,.-. ,"--" " MICHAEL A. HEMPT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1778 - CIVIL - 1994 . . CONNEE L. HEMPT, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE KEVIN A. HESS CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. A Conciliation Conference was held on October 10, 1995, with the following individuals in attendance: The Father, Michael A. Hempt, with his counsel, Samuel Andes, Esquire, and the Mother, Connee L. Hempt, with her counsel, Maria Cognetti, Esquire. 2. The parties are at odds on a number of issues. Specifically, the father is only able to exercise visitation one evening a weekend because of his work schedule. Father lives in Philadelphia and works on Sunday. Father is requesting at least three weekends per month which would be Friday through Saturday evening during the school year and Thursday through Saturday during the summer. Mother suggests that Father should only get two weekends. There is also a dispute with respect to allocation of summer vacation time and the how the vacation time would interrelate with respect to the alternating weekend visitation. 3. A hearing is necessary, but should take no more than one-half of a day. 4. The Conciliator recommends an order in the form as attached. 1{)/1~1 tlJ IIlTE au Hubert X. Gilr~, Esquire Custody Conci 1ator , ;lIllI'S" - PROPERTY RF:'l"I'I.EMENT AGREEMENT THI8 AGREEMENT, made this 23~day of ~~I ,l99ft is by and between: HICHABL A. HEHPT, of 505 Third Street, New Cumberland, Pennsylvania, party of the first part, hereinafter referred to as "Hushand"; and CONNEE L. IIEHPT, of 3790 Mountain View Road, Mechanicsburg, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNEBBETII: WlfEREA8, the partieu hereto are husband and wife, having been married on 22 July 1978 and are the parents of four minor children: Corinne D. Hempt. born 22 February 1982, Julie L. Hempt, born 25 May 19S4, Erin ~lichelle Hempt and Miehael A. Hempt, Jr., both born 28 August 1986 (hereinafter referred to as "children"); and WlfEREA8, certain di rficul ties have arisen bet\~een the partIes hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce against Husband to No. 94-1778 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; and WlfEREA8, the parties hereto, Wife being represented by Maria P. Cogne!: t.i, Esquit'e. and Huuhand by Samue 1 J.. Andes, Esquire. have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of hoth parties hereto; and 1 .,. I - :1 - WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable conlliderations, and intending to be legally bound and to legnlly bind their heirs, successors, assigns, and personal reprellentatives, do hereby covenant, promise, and agree as follows: 1. This agreement shall not make any disposition of the parties' claims regarding custody of or support for their minor children, both of which are the SUbject of orders entered in other litigation pending between the parties. 2. The parties acknowledge tllat they are currently purchasing that property situate at and known and numbered as 3790 Mountain View Road, Mechanicsburg, Pennsylvania, pursuant to an a~reement of sale with Mr. and Mrs. William Raudabaugh and that there is a balance owed on that obligation in excess of $30,000.00. Wife agrees that she shall, within ninety (90) days of the date of this agreement, obtain financing from a bank or mortgage company in an amount sufficient to pay the balance owed to the Radabaughs in full and to pay the sum of money to Husband as provided in Paragraph 3 hereof and, upon Wife's completion of such refinancing, so that the Raudabaughs are paid in full and Husband is released from any furthel' Obligation to thelll, and the payment to Husband of the sum provided in Paragl'aph 3 hOI'eof, Hushimd shall make, execute 2 I" L~^""-':'... - .~ and deliver to Wife or her attorney his deed to grant and convey all of his right, title, and interest in and to the property to Wife. Wife represents to HUllband that she has made all payments due to Mr. and Mrs. Raudabaugh on the sales agreement obligation and promises that she will make all further payments due until such time as the remaining balance is satisfied in accordance with this paragraph and Wife further agrees that she will indemnify and save harmless Husband from any loss, cost, or expense caused to him by her failure to make such payments strictly in accordance with the agreement with the Raudabaughs until such time as that debt is paid and satisfied in full and Husband is relieved from any further liability therefor. 3. Wife shall pay to Husband, as equitable distribution of the parties' marital property, the sum of Forty-Two Thousand ($42,000.001 Dollars. Wife will make such payment contemporaneously with the delivery of the deed to the property at 3790 Mountain View Road as contemplated by Paragraph 2 hereinabove. 4. Husband does hereby grant, convey, transfer, assign, and deliver and set-over unto Wife the following assets, which said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property before: A. Wife's interest in her account within the Pennsylvania Blue Cross VIP Plan. B. Wife's account or benefits within the Pennsylvania Blue Shield profit-sharing, pension, retirement, or similar tax-deferred benefit plan. C. The 1991 custom Chevrolet van currently in Wife's possession. Husband will execute the title to the vehicle upon request. ~ J i~1?1i .~/:1:.~~~, -- " - .~ D. The 19BO Chevrolet Suburban automobile currently titled in both parties' names. Husband will execute and deliver the title to the vehicle to Wife as Boon as she presents the title to him for execution. And further, Husband does hereby waive, release, relinquish. and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 5. Wife does hereby grant, convey. transfer, assign, and deliver and set-over unto Husband the fOllowing assets, which said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non- marital property before: A. Husband's 25 percent interest: in a hunting cabin owned with members of his family. B. Husband's interest in the Employee Savings and Protection Plan with Carolina Freight Systems. C. Husband's retirement benefits wi.th the Teamsters Pension Fund. D. The balance within Husband's account with the Teamsters and Cheauffeurs Federal Credit Union. E. Husband's IRA with Dauphin Deposit Bank. F. A 19BB Yugo sedan now or formerly titled in Husband's name. And further, Wife does hereby waive, release, relinquish. and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. 6. The parties hereto mutually agree that they have effected a satiSfactory division of the furniture, household furniShings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date 4 (.+ .~~t.."', - -- - , . hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual pOllsessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 7. The parties aCknowledge that they are aware of the income, education. income potential. and assets and hOldings of the other or have had full and ample opportunity to become familiar with sucll items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, ,upon the income and assets owned by each of them. The parties hereby acc:ept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actiona of divorce brought by either of the parties hereto and the parties do hereby remise, release, Quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein. durinlJ the pendency of or as a result of any sllch actions. as provided by the Divorce Code of Pennsylvania or any other applicable statute. at this time and at any time in the future. 8. Except as herein othel'w iae provided, each par.ty hereto 1lI11Y dispose of his or her property in any way. and each party hereby 5 _-!_~""'. " - - expressly waives and relinquishes any and all rights hu or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other 8S a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except an provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquiShment of all such interests, rights, and claims. 9. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever disCharge the other party hereto, his or her heirs, executors, administ!ators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted. or sllffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 6 (. t....."...':...:..<.~ ~::::;),.{r'.':~-~~: , - - 10. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 11. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and vOlllntarlly decided not to do so. 12. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in ecrnity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon 7 t--.-. ,--~, >'....-.,;:,:,..;': - demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 13. The parties agree that they shall, upon the request of either party's attorney, make, execute, aCknowledge and deliver to their attorney, for prompt filing with the court, affidavits of consent and any other document reasonably necessary to conclude the divorce. The parties contemplate that the divorce will not be concluded until such time as Wife has refinanced the house in accordance with Paragraph 2 hereof and made the payments to the Radabaughs and to Husband as contemplated by this agreement. The parties agree, however, that they will promptly provide to their attorneys all documents necessary to conclude the divorce upon the request of their respective attorneys. 14. This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania. 15. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fUlly enforceable. 16. The waiver of any term, condition. clause. or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set. their hands and seals the day and year first above written. ~l &: J41 t ,MP.AiJI Wi ess fLvo?Jd~~ CONNEE 1.. HEMPT 8 -- . ' - COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUM8ERLAND ) On thill, the ;ZyJLday of t:ebrll'oM.'f ' 19~' hofore me, the undersigned officer, personally appeared MICHAEL A. HEMPT known to me (or oatisfactorily proven) to be the person whose name 1s sUbRcribed to the within instrument, and acknowledged that s~id person executed same For the purposes therein contained. TN WITNESS WHEREOF, I hereunto set my hand and official seal. My conf~i~'~Jires: NowIaI Seal ~~~b~ Myc...........,EliI*us~ 17, lQQs COMMONWEALTH OF PENNSYI.VANIA ) . (SS. : COUN'I'Y OF C1II1BEl\LoI\ND...l>1W'HltJ I On thts, the;:JqP1 day of tlIiru.JJ}A.(.,j , 1996, hefore me, the undersigne~ officer, personall~a~~~~ CONNEE L. HEMPT known to me (or satisfactorily provenl to be the persoll whose name is subscribed to the within instrument, and Iwknowledged that s~jd person executed same for the purposeR therein contained. IN WITNESS WHEREOF, I hereunto set lilY h~nd and ofticial seal. NOlatia'S<l..1 K,fe~ ~ 5hO":1, Neto/}' PubUc M Co lItr S urg, Dauphin County Y mmlssloll EJ<pl,es March rf, 1098 MeIiiiir, PtrniSt:'anI:I~ oI'lIoIai8S 9 - , . ,......::...,_~l."'q <"..~.;>,,.,_.L!!:.'!':'i-1~1' -~ CXlNNEE HEMP!', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW 1778 VB. MICHAEL A. HEMP!', NO. CIVIL 19 94 Defendant : IN DIVORCE STATUS SHEBT DATE: \ 9 "'-.;:;- '- \?S'~ . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Trecl .10 Colver Office Manager/Reporter Maria P. Cognetti Attorney at Law 132-134 Walnut street P.O. Box 689 Harrisburg, PA 17108-0689 We.t Shore 697-0371 Ext, 6535 January 27, 1995 Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Connee Hempt vs. Michael A. Hempt No. 94-1778 In Divorce Dear Ms. Cognetti and Mr. Andes: By order of Court of President Judge Harold E. Sheely dated January 25, 1995, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on April 7, 1994, raising grounds for divorce of indignities and ir~etrievable breakdown. The complaint also raised the economic claim of equitable distribution. On January 25, 1995, the Plaintiff filed a petition raising the additional economic claims of alimony, alimony pendente lite, and counsel fees and expenses. It is my understanding based on correspondence from counsel that the parties are agreeable to consent to a divorce so that the divorce can proceed under Section 3301(cl of the Domestic Relations Code. Based on that assumption I am directing each counsel in accordance with P.R.C.P. 1920.33(bl to file a pre-trial statement on or before Friday, February 17, 1995. Upon receipt of the pre-trial statements I will . Ms. Cognetti and Mr. Andes, Attorneys at Law 27 January 1995 Page 2 immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (cl and (dl of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. CONNEE HEMPT, Plaintiff . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 177S CIVIL 1994 MICHAEL A. HEMPT, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Maria P. Cognetti Samuel L. Andes , Counsel for Plaintiff Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 1st day of May, 1995, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/22/95 E. Robert Elicker, II Divorce Master CONNEE HEMPT, Plaintiff vs. MICHAEL A. HEMPT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . NO. 1778 CIVIL 1994 IN DIVORCE ORDER AND NOTICE SETTING HEARING To: Connee Hempt Maria P. Cognetti Michael A. Hempt Samuel L. Andes , Plaintiff . Counsel for Plaintiff . Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master. 9 North Hanover Street. Carlisle. Pennsylvania. on the 25th day of July , 1995, at 9:00 a.m., at which place and time you will be given tile opportunity to present witnesses and exhibit~ in support of your case. Date of Order and Notice: 51 l/95 By the Court. ~~ ~:::: Harold E. Sheely, presi n Judge By: Divorce Master 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. Court Administrator Fourth Floor. East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (7171 240-6200 CONNEE HEHPT, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . vs. NO. 1778 CIVIL 1994 . . MICHAEL A. HEHPT, . . Defendant . IN DIVORCE . RE: Pre-Hearing Conference Memorandum DATE: Monday, May 1, 1995 Present for the Plaintiff, Connee Hempt was attorney Maria P. Cognetti, and present for the Defendant, Michael A. Hempt was attorney Samuel L. Andes. The parties were married on July 22, 1978, and separated on March 11, 1994. Mr. Andes is going to verify with his client that the date of separation as stated by wife is the correct date. A divorce complaint was filed on April 7, 1994. The divorce complaint raised grounds for divorce of irretrievable breakdown of the marriage and indignities, and the economic claim of equitable distribution. On January 25, 1995, wife filed a petition raising the additional economic claims of alimony, alimony pendente lite, and counsel fees and expenses. Counsel have indicated that the parties will sign and file affidavits of consent prior to the hearing to be scheduled in these proceedings so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. with respect to the alimony claim raised by wife, wife's counsel has indicated that she will withdraw that claim so that we need not consider any issues regarding the factors relating to alimony including marital misconduct. The remaining economic claims, therefore, are equitable distribution and counsel fees and costs. The parties are the parents of four children, Corrine D., born February 22 1982; Julie L., born May 25, 1984; Erin M. and Michael A., born August 28, 1986. The four children are currently in the custody of wife. Husband pays support through the Cumberland County Domestic Relations Office for the children in the amount of $175.00 per week. In addition, each parent is required to pay one-half of medical costs. There is '.'1r.rJ'"i.',~~,':>':',"",'.,..".,-" t.~ . ~-<, no order for spousal support. wife is a high school graduate. She resides at 3S90 Mountain view Road, Mechanicsburg, Pennsylvania, where she lives with the four children. She is a programmer with Pennsylvania Blue Shield and shows a gross biweekly income of $1,775.00 and a net biweekly income of $1,224.35. She has raised no issues with regard to health matters. If the case goes to hearing, wife is requested to provide a current pay statement. Husband is a high school graduate and he resides at 505 Third Street, New Cumberland, Pennsylvania, where he lives alone. However, he is working for Carolina Freight Carriers Corporation and has taken a job in Philadelphia because of a transfer of company operations. He is a dock worker and showed a 1994 gross income of $37,915.72. Mr. Andes indicated he believes his income for 1995 will be around the same amount. If the case goes to hearing, husband is requested to provide a current pay statement. Wife is 38 years of age and husband is 39 years of age. The marital residence, which is being occupied by wife and the children, has been appraised by two appraisers, Mark Hilbert for the wife who placed a value on the home at $95,000.00 and Don Paul Shearer for the husband who placed a value on the home at $120,000.00. The home is not titled in the names of the parties because they are purchasing the home on an installment sales agreement and have not yet received the deed since the agreement has not been paid off. The approximate balance due on the sales agreement owed to Wilbur Radabaugh is $30,000.00. There are three vehicles involved in this action as follows: 1991 Chevrolet conversion van -- Wife has placed a value on the van at $13,500.00 less a personal loan which is not specifically a lien as shown on the title of the van but is a loan wife claims she took out to purchase the van in the approximate amount of $7,500.00. Therefore, the net equity in the van is around $6,000.00. 1991 Yugo -- Husband has placed a zero value on the Yugo; however, wife's attorney indicated that the Yugo was traded in on another vehicle and she would like to know the trade in value. ;:':'tt:}./,,-s~ ~". . .' '~" "",{. 1~_T,~Y, 7--;"t'" - IIIIlIl1ll11ll"'J. . 1990 Chevrolet Suburban -- The parties and counsel are going to seek a purchaser for the Suburban since it is not being used by either of the parties and that money will be distributed as part of the equitable distribution in the case. Husband has a pension plan through his employment with the Teamsters and wife has a plan with her employment with Pennsylvania Blue Shield. Each of the parties is going to retain their respective plan and the values will not need to be produced regarding the plan for the equitable distribution computation. However, husband has an employees savings and protection plan which his counsel has indicated has an approximate value as of date of separation of $15/103.90. Wife has a VIP 401(kl plan which wife's attorney claims has a date of separation value of $23/654.00. This value takes into account a loan against the plan that is being paid off by wife in the approximate amount of $1,005.00. Further, with regard to the VIP 401(kl plan, Mr. Andes has requested verification that they are in fact the same entity and are not two separate savings plans. The household personalty, most of which we believe is in the possession of wife, shall be appraised by Kerry Pae. He shall appraise all of the tangible personal property in wife's possession in the house and then counsel can indicate after discussion with their clients what items may be nonmarital in trying to determine what property is subject to distribution in the case. Husband has an agreement with three other individuals involving ownership of a cabin in Clinton County. He places a value on the cabin of $825.00 which apparently was the amount of money that he utilized in buying in to the ownership with the other three individuals. If wife believes that there is a greater value then she may decide to have the cabin appraised. Husband has an IRA with Dauphin Deposit and the value as shown on the statement as of April 13, 1994/ was $4,638.87. Counsel are requested to provide a current statement as to the value of that plan since no contributions have been made to the plan since the separation. Wife has produced information regarding her PSECU savings account showing a date of separation balance of $210.89. The Mellon Bank savings account and Mellon Bank checking account were closed in May 1994. They were in t", ..~.~." -,t.. - -.-"'-'" h..,~. ......'...H... .;~~':::~{_-: ~1jf:~~-;':~l~~:_.>~ ' husband's name and we need to have a date of separation statement on those two accounts. Likewise, with the Teamster's credit union account in husband's name, we need to have a date of separation statement. Husband has produced a statement as of June 30, 1994, showing a value of $73.01. The reason we need the date of separation balance is to determine if husband withdrew funds from the account from the date of separation to June 30, 1994. Husband's attorney has asked wife's attorney to provide information as to whether or not a Delaware Group Mutual Fund exists and, if so, what the date of separation value of that account was. The Master will arrange to have an appraiser of his selection inspect the property and if necessary, appear at the hearing to testify, at the expense of the parties. The attorneys are directed to respond to the Master about the issue of that expense before the Master hires an appraiser. The parties have agreed to exchange all information required in this memorandum within thirty (301 days. A hearing is scheduled for Tuesday, July 25, 1995, at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: Maria P. Cognetti Attorney for Plaintiff Samuel L. Andes Attorney for Defendant ~~ (=== Harold E. Sheely, Judge CONNEE HEMPT, PLAINTIFF' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. CIVIL ACTION - LAW NO. 1778 CIVIL 1994 MICHAEL A. HEMPT, DEFENDANT IN DIVORCE RESCHEDULED ORDER AND NO'l'ICE SET'rING HEARING To: Con nee Hempt Maria P. Cognetti Michael A. Hempt Samuel L. Andes . Plaintiff . Counsel for Plaintiff . Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master. 9 North Hanover Street. Carlisle. Pennsylvania, on the 28th day of November ,1995, at 9:00 a.m., at which place and time you will be given tile opportunity to present witnesses and exhibits in support of your case. By the Court. Date of Order and Notice: 7/20/95 By: Divorce Master 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. Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (7l71 240-6200 o { . ~i3~':'~~.-C.C ~;3~', ~~~iu~ !~ t .en", lo/f"'" r( Maria P. Cognctti 200 North Third Street Twelfth Floor P,O, Box 689 Harrisburg, PA 17108.0689 (7171232-2103 Fax (717) 232-S77S Practice Limited 10 Family and Malrimonlall.aw MARtA p, COONllTIlt KAREN A, SHERIFF Lcpl ABalatant t Fellow, Ameri... Academy orMatrlmonllll.awycn V~ry truly yo~, /(i// ///?/~"7i1l ' ~~Ogn~~ April 12, 1996 E. Robert Elicker, II Divorce Master, Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: HEMPT V, HEMPT Dear Mr. Elicker: Enclosed please find two copies of the Property Settlement Agreement in the above referenced matter. If there is anything we must do to revoke your appointment, please let us know, MPC/jms Enclosure cc: Samuel L, Andes, Esquire . { 1 > ,. "-'~" ..,...'''...,....'...._n-..... .ANUBL L. AHOB. OBOROa A. VAUOIIH, m NICIIABL L. RAHOI d. "NT OaLUNS ANDES, VAUOHN & BANOS ATTOHNIlYS AT I.AW ~g3 NOIITU TWP.LPTII STREET P.O, UOX IOU LIlNOYNE, PENNSYLVANIA 17043 TIU,IPIIONB (11') '01'D301 ,.x 11171701'1435 18 July 1995 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Hempt Dear Mr. Elicker: I write to confirm my discussion with Tracy earlier today. The appraisals for the above case are not yet complete and Maria P. Cognetti, Esquire, and I have agreed to postpone the hearing to give us a chance to complete the appraisals and attempt, again, to settle the case. We ask that you reschedule the case for late August or early September. By then we expect to have the appraisals and the negotiations completed. Thank you for your consideration. Sincerely, ANDES, VAUGHN & BANGS S~des lag cc: Maria P. Cognetti, Esquire Mr. Michael A. Hempt .!1",lqflnu l' Maria P. Cognctti 132-134 Walnut Street P,O, Box 689 Ilarrlsburg, PA 17108.0689 (717) 232-2103 Fax (7171 232-S77S I',acllce I.ImUed to I'lII11l1y and MIlrlmonllll.aw MARIA P. COGNETIl' STEFANIE J, DILL KAREN A, SIIERlFF lei" Au Slant I Fellow, Amcrl~ Academy of MIlrlmonlall.aW)'e" February 17, 1995 E, Robert Elicker, II Divorce Mnsfer 9 North Hanover Street Carlisle, P A 17013 RE: HEMPT V. HEMPT DOCKET NO. 94-1778 CIVIL TERM Dear Mr, Elicker: Enclosed please find the following documents with regard to the above-referenced matter: I, Plaintill's Pretrial Statement; 2, Plaintill's Inventory and Appraisement; 3, Plaintill's Income and Expense Statement. After you have received both parties' documents, I would appreciate your contacting me to schedule the Prehearing Conference, Thank you for your attenfion to this matter, Should you have any questions, please do not hesitate to contact me, I look forward to hearing from you, MPC/sjd Enclosure cc: Connee L, Hempt Samuel L. Andes, Esquire Vcry truly you ;t{~. Maria P. ,i,gnett .ANUJl:L L. ANnllR OIlOROII A. vAuOIIH. UI NICHABL L. DAHO. ",. BART PUOMa Atoms, VAllOHN 8: BANOS ATTOIfNHYH AT lAW ngn NOItTII TWIU.J'TII HTnKKT n o. nox 1011 I.EMOYNIl, PENNSYLVANIA 170.13 TaupnOHa nnl ,al.&Oel l5 February 1995 ...x Ifl,. ,el-I4015 B. Robert Blicker, II, Bsquire Office of the Master 9 North Hanover Street Carlillle, PA l7l03 RB: Connee Heapt VII. Michael A. Heapt No. 94-l778 Civil Term Dear Mr. Blicker: Bnclolled ill the Pre-Trial Statement which I file on behalf of the Defendant, Michael Heapt, in the above Matter, in accordance with your letter of 27 January 1995. Plealle IIchedule a pre-hearing conference at your early convenience so we can try to get thill aatter reBolved. Thank you for your cooperation. Sincerely. ANDBS, VAUGHN & BANGS ~<~. ue L. Andes le Bnclosure cc: Maria P. Cognetti. Bsquire ",..;-. .~;;;jt(!'~:;.'!~..~,.?v.~ __-'--1:, 'l'ELEPHONB (717) 232.2103 ~uo ~1IJ,y Maria P. Cognetti 132.134 Walnul Street p, 0, Box 689 Harrisburg. P A 17108.0689 'I'Eu!coPIBR (717) 232.S77S January 19, 1995 E. Robert Elickcr, Divorce Mastcr 9 North Hanover Street Carlisle, PA 17033 RE: HEMPT V. HEMPT Dear Bob: I am in receipt ofa copy of Mr. Andes' letter to you dated January 5, 1995. Please be advised that my client will in fact consent fo the divorce so that you may immediately address the economic issues. Please be advised that I will be filing a Petition for Alimony, Alimony Pendente Lite and Counsel Fees as well as a revised Motion for Appointment of Master covering those issues. If you have any questions, please do not hesitate to contact me, Thank you for your attention to this matter. Very truly yours J{a' Maria p~etti , MPC/sjd cc: Connee Hempt Samuel L. Andes, Esquire l~::...;:~.:" .)-'~~ ."MUIL L. ANP.. OISOMOB A. VAUOIIH, m MICttABL L. DANai oJ. BAHT D.LOHB ^NDI~S, VAUOHN Be BANOS ATTOUNEYS AT J.AW aaa NOHTJI TWELFTII STReET ...0, UOX lOti LEMOYNE, I'ENNSYLVANIA 17043 TIL.rUONB (J111 '81-D301 5 January 1995 'AX ('Ill JOlol4:JD B. Robert Blicker, II, BBquire Office of the Mallter 9 North Hanover street Carlisle, PA l7l03 RB: Connee Hempt VII. Michael A. Hempt No. 94-l778 Civil Term Dear Mr. Blicker: I reprellent the Defendant in the above matter. I am now in the process of filing a Motion for Appointment of Master. I expect that both parties will lIign conllentll to the divorce so that you can address the economic issues immediately. My client is certainly willing to do BO. If Mrll. Hempt will not file an Affidavit of Consent, I will file a counterclaim and proceed on fault grounds. In either event, my client wants to have your office address the economic issues as lIoon as pOllllible. The partiell have exchanged extensive financial information and can quickly be ready to prosent their calle. I have written to Maria Cognetti and requested that IIhe confirm to your office whether or not her client will file an Affidavit of Consent. Hopefully we will hear from her within the next ten days. If we do not, I will take her silence to mean that her client will not lIign such an affidavit and I will then prepare and file an amended complaint 110 you can schedule a hearing on fault grounds. Hopefully you will hear affirmatively from Maria within the next ten days and we can proceed to the economic issues. If you have any questions, or any problems with the procedure I propose, please contact me at your convenience. Thank you for your cooperation in the meantime. Sincerely. le ANDBS, VAUGHN & BANGS r-;) ~s Bnclosure cc: Maria P. Cognetti, Bsquire ,. "J;' " I 'l( ; ./ ; i; CONNEE HEMPT, IN TilE COURT OF COM110N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. :' 94-l778 ,19 MICHAEL A: IIEMPT, Defendant .NO. MOTION FOR APPOINnlENT OF MASTER . MICHAEL A;HEMPT, (~SNQ (Defendant). a master vith respect to the follo~ing claims: ( ') Divorce ( ) ,Annulment ( ) Al1lllony , .( ) Al1lllony Pendente Lite moves the court to appoint (X) ( ) ( ) ( ) Distribution of ~roperty Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as.to the cla1llls(s), for ~hich the appointment of a master is requested. (2) The Plaintiff (has) (~Mt) appeared i.n the action (~K~ (by l\er attorney, MARIA P. COGNETTI ,Esquire). (3) The staturory ground(s) for divorce (is) (are) Section 3301 (el .. (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached vith respect to the None (c) The action is contested ~ith respect to the follo~ing equitable distribution (5) The action .(~\1B9 (does 'not involve) complex issues of la~ (6) The hearing is expected to take 1 day. (~ (di:KJa'). (7) Additional information, if any. relevan~ to the motion: None folloving claims: C,la1llls: or fact. Date: . Attorney for (RlJ!J~ Sanuel L. Andes (Defendant) ORDER APPOINTING MASTER AND NPW ,19_, is' appointed master with respec~ to the follo~1nB cla1llls: .' Esquire, By the Court: . J /'" , F\'~J:O-.C'-:~_t~ ',:': ( ,.,,\' , ~_" \ ~ . r~ I, ll~ ('1r'( - I :.:. ....', .--/l) '" " .. '. . \...'<..,'i. "_,':~ ,; i:"-' "',',, " t 'cY..~ ':J I L;, \- ,1'\ 1~'?'9~ ad, llPJ21. ma..td; ~ .;:(5 XtUd-t 10') . ~t '71cifut j.J1ltlv ~ ~. tift...,,:' If} ]'1~ ttJf1 ~,1 /i ~ ~~ r:~7~',~"~I"",:;/t" ''"'dp'" 11 MICHAEL A. HEMPT, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. l778 - CIVIL - 1994 . . . CONNEE L. HBMPT, : CIVIL ACTION - AT LAW Respondent : CUSTODY Ii I I , I I attorneys, The Law Offices of Patrick F. Lauer, Jr., files this I I L Petition to Modify Order of Custody against the Respondent, and in ii i i support thereof, avers the following: '1 II ,. \1 :1 Defendant in original action, who currently resides at 505 Third II Street, New Cumberland, Cumberland County, Pennsylvania l7070. \1 11 I' ,I Plaintiff in original action, who currently resides at 3790 il '[ Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania 117055. PETITION TO MODIFY ORDER OF CUSTODY The Petitioner, Michael A. by and through his Hempt, 1. The Petitioner is Michael A. the father and Hempt, 2. The Respondent is Connee L. the mother and Hempt, 3. The parties hereto are the parents of the following minor i! children: Cor inne Hempt, born February 22, 19 8 2 ; Julie Hempt, iI ii born May 25, 1984; Michael Hempt, Jr., born August 28, 1986; and " i il Erin Hempt, born August 28, 1986. The location of the children is ;! currently with their mother, Connee L. Hempt, who resides at 3790 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 1',. ","'",., I t';"".,~""7-'~',,:.,. ;.-'{';-;"'" 4. Pursuant to an agreement of the parties on February 7, 1995, the Honorable Kevin A. Hess awarded primary physical custody of the minor children, Corinne Hempt, Julie Hempt, Michael Hempt, and Erin Hempt to the mother, with visitation to the father two days per week, the days to be determined by his work schedule, on alternating holidays, and two weeks each summer. A copy of the Order of February 7, 1995 is attached hereto as Exhibit "A" and incorporated herein by reference. 5. Since the Court's awarding of primary custody to the 'II mother, a substantial and material change in circumstances has I i i occurred, giving rise to the filing of the instant Petition: I I! I I a. The Petitioner has returned to the Harrisburg area after an extended work-related transfer to the Philadelphia area. b. The Petitioner is once again able to excercise parental rights and responsibilities in the manner followed by the parties prior to his transfer. 6. The best interest and permanent welfare of the children , will best be served by a modification of the Court's Order as i : follows: ! i I a. The Petitioner, Michael A. Hempt, be granted custody, partial custody, or visitation of the minor children. b. Liberal visitation be ordered so that the children may have continued contact with both of the parties. c. Legal custody of the minor children be shared between the parties. '1 .\ i I ,I " " j ~: , . .. ~ , I', % , ,-" ..;~~Cg:ifta~~,,' . . '. , I I I WBBRBPORB, Petitioner respectfully requests that this I Honorable Court modify its Order as follows I a. The Petitioner, Michael A. Hempt, be granted custody, partial custody, or visitation of the minor children. b. Liberal visitation be ordered so that the children may have continued contact with the mother. c. Legal custody of the minor children be shared between the parties. Date I q~Of Re~lll~~r. r' Matthew J. Eshelman, Esquire Law Office of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel. (7171 763-1800 I , I II il ! MICHAEL A. HBMPT, Petitioner I IN THB COURT OF COMMON PLBAS OF I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NO. I : CIVIL ACTION - AT LAW : CUSTODY vs. CONNBB L. HBMPT, Respondent VERIFICATION I, MICHAEL A. BEMPT, state that I am the PBTITIOHBR in the above-captioned case and that the facts set forth in the above PBTITION are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under l8 Pa, C.S. S 4940. " Date: q - \l. q\.o ~' '.i , i I. I . , , , , , I " .' . ~,- i...~.....,..- ~'1r~'" -..'; ".\ , tl i , ,[ ! , ; j' " .\ .... , FEB a 1995d-- copy Tln,F. O)f"'f FP.OM RrCORD In T .-,"1:\.111', , j" reo', I h, rc I::ilo ',(,1 lilY h~nd or,d 11111 ~t'~1 '. f ~"itl ('lllrl nl t:.nlislo, r~, 1hl, . . .,.L!- d~y oL,....:;F..,,~:.., 19,9.f.. --'--"'~~~1\ Jl::.:,~..u;,.41.t....___.. ):>j1j-' FfIllhollotary v 'IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA , :NO. 1778 - CIVIL - 1994 , , ,CIVIL ACTION - CUSTODY MICHAEL A. HEMPT, Plaintiff CONNEE L. HEMPT, Defendant COUR~ ORDER AND NOW, this ?:JA.day of J..c.l.-t~ ' 1995, upon consideration of the attached Custody Concil at on Report, it is ordered and directed as follows, 1. The prior Orders in this case are vacated except for Paragraph 2 of this Court's Order of December 19, 1994, that dealt with future Christmas holidays. 2. The Father, Michael A. Hempt, and the Mother, Connee L. Hempt, shall continue to enjoy shared legal custody of Corinne D. Hempt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin Michelle Hempt and Michael A. Hempt, Jr., (twins) born August 28, 1986. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody on a reasonable basis as allowed by his work schedule. Father shall advise Mother in advance of his work schedule and give Mother reasonable notice as to when he desires to exercise temporary custody. Under no circumstances shall the periods of temporary custody exceed three weekends per month. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires a modification of this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. BY THE COURT, J~d~e~"e'~1: A:~;;: cc: Maria Cognetti, Esquire-3401 Front Street, Harrisburg 17108 Michael L. Bangs, Esquire MICllABL A. HEHPT, Plaintiff v , IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA , 'NO. 1778 - CIVIL - 1994 , , :CIVIL ACTION - CUSTODY CONNBE L. HEMPT, Defendant PRIOR JUDGE' JUDGE KEVIN A. HESS CONCILIATION CONF1l:Rl:NCE SUMHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report' 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Corinne D. Hempt, born February 22, 1982, Julie L. Hempt, born May 25, 1984, Erin Michelle Hempt and Michael A. Hempt, Jr., (twins) born August 28, 1986. 2. A Conciliation Conference was held on January 26, 1995, with the following individuals in attendance: The Father, Michael A. Hempt, with his counsel, Michael L. Bangs, Esquire, and the Mother, Connee L. Hempt, with her counsel, Maria Cognetti, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. . tl~l( lis- DATE CJ6. f1 Hubert X. G lroy, squ Custody Conciliator . _ ,~" ,"!bti4 -~:~:~~::'~. SHERIFF'S RETURN - REGULAR CAS~ NOI 1991-01778 P COMI10NWEALTIl O~' PENNSYLVANIA I COUNTY Of CUI1B~;RL^ND !IEM.f'T C.QNNEE VS. 1l~:I1I'T I1ICHAEL A _I{A1.1!'{ J. CARPf.R____...... ..___.._._.__../ Sheriff or Daputy Sheriff of CUI1BERLAND County, Pennsylvania. who being duly sworn according to law. says, the within QR.DF,B._QE-COURT _._.______ was serv6'd upon 1l~:MI'I CO!!NIl; ...______.__._______._________.___. the defendant, at 1137100 HOURS. on the 15th day of November 1996 at .__ItLUE SJLU:I.D 200 Q,QJ!PORATj': CF.NTF.R !:!A!1P II.I l."u_J~1'-170_11.__ ...... ____.. . CIJllBERL.A.ND County. Pennsylvania, by handing to CONNIE Il~MPT a true and attested copy of the ORDER OF COURT together with PETITION TO....1!PDtfY__.g.USTODY & LETTERS and at the same time directing Re~ attention to the contents thereof. . Shariff's CostSI Docketing Service Affidavit Surcharge 18.00 9.30 .00 2.00 So answersl~~~ ~~~ r-~;....-'< ~ H. Thomas K~1ne, ~her1- e29.~0 PATRICK LAUER 11/18/1996 by I~Jl!<~ Sworn and subscribed to bafore me this .....:!.o ~._ day of J'l.:<,.,< v,-p.. '. __.. _ 19__qt".__ A. D. --~~-G'o't~~hr"t Llfii" .....-. ~,:.- '~",<'-"'" ~"'.' ~",."-"-".'7' MICHAEL A, HEMPT, Plaintiff vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 94.1778 CIVIL CONNEE L, HEMPT, Defendant CIVIL ACTION. LAW CUSTODY ORDER AND NOW, this 2.,. day of September, 1998, at the request of counsel for the parties, hearing in this matter is continued generally pending receipt of an agreement. BY THE COURT, Matthew], Eshelman, Esquire For the Plaintiff Maria Cognetti, Esquire For the Defendant ~ /",..d.J..L "l'/;)/ J qt, >01, "fJ. :rlm -.........., .,...<>- F1LED-O,':FICE OC' TL": ":')'TfL;n,' "'l'Any . 'n.., , '.. \..J !Ill 98 SEP 2/ Fi'; 2: ~ 3 CUMGEFU,,\O COUNTY PI:NNS\'LVlWL<\ . , ~ ,). r .,~ i ;; lHlf}; vs. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I No. 94 - 1778 - CIVIL TERM I I CIVIL ACTION - AT LAW - CUSTODY I PREVIOUSLY ASSIGNED TOI J. HESS MICHAEL A. HEMPT, Petitioner CONNEE L. HEMPT, Respondent AND NOW, this SCHEDULING ORDBR I~ ~ day of -);;/1 1(? /' /' 19.2..2., upon Praecipe of the Petitioner, Michael A. Hempt, a hearing is scheduled in the above-captioned matter in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania, on the ,)<,/tl/ day of I,! " I I- 19'i?, at 9; (IU o'clock ..Q....m. I A total of J hours has been set aside for the hearing, and the parties will be expected to present their cases within that timeframe. Updated Pre-Trial Memoranda shall be filed with the Court and upon opposing counsel at least ten (10) days before the hearing. BY THE COURT: ;. c., '''', I.'...' .'.'J I,., . ""-.11 , """ r , --'i , .. ~~: l'~ ~ "'/1'" : ',.. \oJ...", '.'.~" -': _ . '". r F,.\.; ,'\'L'" ;'''' l.: '\',,: .... '_:"j ,. .:. I ~ . MICHAEL A. HEHPT, Petitioner I IN THB COURT OF COMMON PLBAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I No. 94 - l778 - CIVIL TBRM I I CIVIL ACTION - AT LAW - CUSTODY I PREVIOUSLY ASSIGNBD TOI J. HESS vs. CONNEE L. HBHPT, Respondent PRAECIPB TO RBLIST HBARING 1. The Petitioner is Michael A. Hempt, Defendant in original action and the natural father of the following minor children: Corinne Hempt (02/22/821; Julie Hempt (05/25/84); and the twins, Michael Hempt, Jr., and Erin lIempt (08/28/86). 2. The children' reside primarily with their mother, the Respondent Connee L. Hempt at 3790 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania l7055. 3. The above-captioned matter was last scheduled for hearing before the Honorable Kevin A. Hess for August 18, 1998. 4. The hearing was continued generally by agreemenl- ~f counsel, permitting mediation services of Doctor Stanley Schneider. 5. Dr. Schneider came up with a proposal to which the parties have verbally agreed; however, parties have been unable to 6. Parties have been before a conciliator six times already, 7. The Petitioner believes the remaining matters can be Date: ~ ew J. Eshelman, Esquire ark t Street, Aztec Building Camp Hill, Pennsylvania 1701l-4706 ID# 72655 Tel. (7l71 763-1800 ,~ 0.. ' ~, It) ~ -1 4 y:: :>- en n- ~-~ ...:l ","': tI,e '. <...) : ~ (" I :- ~ . L..: c;i f - L ~ oj ()' .. ,.) LJ'. ~ t~;~ ... D.': ~ ; r'.' i t,; e I) .' C p,> . i G. U , MARIA P. COONETfI' Cognctti & Braderman 'Fellow, American Academy or Matrimonlll Lawym lAY R. DRADERMAN KAREN A, SIIERIFF Parol.pl April 16, 1999 ~) ,) ~ IJ. t' 0;-' 11" '1 J 1.1 .u .f/tJ-I j \ ) ~)J Mr, Curtis R, Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: HEMPT v. HEMPT DOCKET NO. 94-1778 Dear Mr. Long: Enclosed for liling please find an original and three (3) copies of the Defendant's Pre-Trial Memorandum prepared in the above-referenced matter, Please time-stamp our copies and return them to us in the self-addressed, stamped envelope provided. If you have any questions, please do not hesitate to contact us, Thank you for your assistance in this matter, Very truly yours, ~l.R1L' t1J~ A. Sheriff Legal Assistant KAS/drc Enclosure cc: Connee L. Hempt II\Wp'J'OIlMS\MISC'\C'C'ty Doct ror nlln._pd (717) 232-2103' (717) 232-6600' Fax (717) 232-5775 200 North Third Street. Twelfth Floor' P.O. Box 689 . Harrisburg, P A 17108-0689 MICHAEL A, HEMPT, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94-1778 CIVIL TERM CONNEE L. HEMPT, Defendant : CIVIL ACTION - LAW : IN CUSTODY DEFENDANT'S PRE-TRIA~ M&MORAISDUM AND NOW, comes the Defendant, Connee L. Hempt, by and through her attorney, Maria p, Cognetti, Esquire, and submits the following Pre-Trial Memorandum: I. ANTICIPATED EXPE;,RT WITNESSES: Defendant does not intend to call any expert witnesses, However, Defendant reserves the right to call expert witnesses as may be necessary to respond to evidence submitted by Plaintiff. II. ANTICIPATED FACTUAL WITNESSES: Defendant intends to call the following factual witnesses: A. Connee Hempt, Defendant - Ms. Hempt will testify to the attitudes of her children and their father and all matters relevant to the custody ofthe children, She will further testify as to what she believes to be an appropriate schedule for custody. B, Michael A, Hempt, Plaintiff, as of cross. II IWf'IJIAD_,",," PT' ./1- C. Sarah Hooven, Defendant's mother. Mrs, Hooven will testify to the attitudes of the children and their father and all matters relevant to this cUSiody action. D. Michael A, Hempt, Jr., parties' child. Michael will testifY to his relafionship with each parent and his opinion regarding the summer schedule. E Erin M. Hempt, parties' child - Erin will testifY to her relationship with each parent and her opinion regarding the summer schedule. III. PROPOSED RESOLl!TlON: Defendant would propose the following schedule as a resolution of this matter: A. The parties would have shared legal custody of the children. B. Mother would have primary physical custody of all four children, Father would have partial physical custody of the children in accordance with the following schedule: I, Three weekends out of every four weekends, from Thursday after school until Saturday at 7:00 p,m. Mother shall have the option of reserving three weekends per calendar year for the purpose of special occasions which she cannot schedule on her weekends, Le, family weddings and special events, Mother shall give Father 30 days written notice of the weekends she intends to reserve, 1"..,;:.-.",., ~.;,"""'1 II \Wp\Pt.lJJ)fNCNIDCPTPTI 411619t 2. The holidays of Memorial Day, Fourth of July, and Labor Day, shall be alternated between the parties, The holidays shall be defined as beginning at 9 a.m, the day of the holiday and ending ut 9:00 p,rn. the day of the holiday, In even numbered years Mother shall have Memorial Day and Labor Day and Father shall have July Fourth, In odd numbered years, Father shall have Memorial Day and Labor Day and Mother shall have July Fourth, 3, With regard to the Easter holiday, Mother shall be entitled to the Easter holiday and the accompanying spring break, (Mother has hisforically taken the children to Florida during this period offime, even prior to the parties' separation,) 4, With regard to Thanksgiving, Mother shall have Thanksgiving Day until 3:00 p,m, Father shall have Thanksgiving Day from 3:00 p.m, until 9:00, lfthe weekend following the holiday is Father's, then he shall keep the children until the conclusion of his weekend, 5. With regard to the Christmas holiday, in even numbered years, Father shall have Christmas eve from 5:00 p,m, until 10:00 p,m, and Christmas Day from 3:00 p,m. until 10:00 p,m. In odd numbered years, Father shall have Christmas Eve Irom 5:00 p,m, until Christmas Day at noon, Mother would have the balance of the Christmas Holiday, ,<<. .. II IWlI'I\.BAIHHlNlIIWPT'tI "1- 6. During the summer, each party shall be entitled to three (3) non-consecutive weeks of custody. A week is defined as Sunday at 7:00 p,m, to Sunday at 7:00 p,m. Said weeks shall include the party's regularly scheduled weekend, The parties are required to give the other sixty (60) days written notice of the weeks he or she plans to take vacation. Ifboth parties desire the same weeks, in that event, the party giving firsf notice shall be entitled to the time, C, Father shall provide all transportation for custodial periods, (This is due to the fact that fhe parties' children are very active in athletics and other interests. Mother provides all tmnsportation for these events,) D. Father shall not come within twenty fcet of Mother or her vehicle and Father shall stay in his automobile when dropping off the children, (Plaintiffwns subject fo a PFA from approximatcly Octobcr 1994 through October 1995 and again from approximately April 1996 through April 1997 due to his hamssing behavior of Defendant. Plaintiff has in the'past caused damage to Defendant's automobile, Defendant sfiII fears Plaintiff and would ask that any custody order indicate that Plaintiff 1\ IWp'AIIAlllNlNII!MPT PTI (;-"''':'7'''''.-'' , 411_ not have any physical contact with her or her automobile and that when dropping off the children Plaintiff be required to stay in his automobile,) Dated: April 14, 1999 Respectfully submitted, CDGNETII & BRADERMAN By: Maria P. C gnetti quire Sup. Ct. I.D, #27914 200 North Third Street Twelfth Floor P.D, Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 . It \WplILIADlNWlIWPT.PTI "I..... ~IFICA'I:t: OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Pre-Trial Memorandum by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Matthew J. Eshelman, Esquire 2108 Market Street, Aztec Building Camp HilI, P A 17011 Respectfully submitted, COGNETTI&BRADERMAN Dated: April 14, 1999 MICHAEL A. HEMPT. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : NO, 94-1778 CIVIL TERM v. CONNEE L. HEMPT. Defendant : CIVIL ACTlON - LAW : IN CUSTODY )lEFENDANT'S PRE-TRIAL MEMORANDUM AND NOW, comes the Defendant, Connee L, Hempt, by and through her attorney, Maria p, Cognetti, Esquire, and submits the following Pre-Trial Memorandum: I. ANTICIPATED EXPERT WITNESSES: Defendant does not intend to call any expert witnesses, However, Defendant reserves the right to call expert witnesses as may be necessary to respond to evidence submitted by Plaintiff. II, ANTICIPATED FACTUAL WITNESSES: Defendant intends to call the following factual witnesses: A. Connee Hempt. Defendant - Ms. Hempt will testify to the attitudes of her children and their father and all matters relevant to the custody of the children. She will further testify as to what she believes to be an appropriate schedule for custody, B, Michael A. Hcmpt, Plaintiff, as of cross, b"....c IIIWI"^IW>IN<NII!MPT "' C, Sarah Hooven, Defendant's mother - Mrs. Hooven will testify to the attitudes of the children and their father and all malters relevant to this custody action. D. Michael A. Hempt, Jr" parties' child - Michael will testilY to his relationship with each parent and his opinion regarding the summer schedule, E Erin M, Hempt, parties' child - Erin will testilY to her relationship with each parent and her opinion regarding the summer schedule, III, PROPOSED RESOLUTION: Defendant would propose the following schedule as a resolution of this matter: A. The parties would have shared legal custody ofthe children, 8, Mother would have primary physical custody of all four children, Father would have partial physical custody of the children in accordance with the following schedule: I, Three weekends out of every four weekends, from Thursday after school until Saturday at 7:00 p,m. Mother shall have the option of reserving three weekends per calendar year for the purpose of special occasions which she cannot schedule on her weekends, i.e. family weddings and special events, Mother shall give Father 30 days written notice of the weekends she intends to reserve, ,~>.. "'." ~. - 411.... (:.. .-,;,...., lttililll:k-~~:"":< II \W,\PLI!ADIN<NIHMPT m 411&'99 2, The holidays of Memorial Day, Fourth of July, and Labor Day, shall be alternated between the parties, The holidays shall be defined as beginning at 9 a,m. the day of the holiday and ending at 9:00 p,rn. the day of the holiday, In cven numbcrcd ycars Mothcr shall have Memorial Day and Labor Day and Fathcr shall havc July Fourth, In odd numbered years, Fathcr shall havc Mcmorial Day and Labor Day and Mothcr shall have July Fourth, 3, With regard to thc Eastcr holiday, Mother shall be entitlcd to the Eastcr holiday and thc accompanying spring brcak, (Mother has historically takcn thc childrcn to Florida during this period oftirne, even prior to thc parties' scparation,) 4. With regard to Thanksgiving, Mother shall have Thanksgiving Day until 3:00 p,m, Father shall have Thanksgiving Day from 3:00 p,m. until 9:00, lfthe weckend following the holiday is Father's, then hc shall keep thc childrcn until fhc conclusion of his wcekend. 5. With rcgard to thc Christmas holiday, in evcn numbered years, Fathcr shall have Christmas eve from 5:00 p,m, until 10:00 p,m, and Christmas Day from 3 :00 p,m, until 10:00 p.m, In odd numbered years, Father shall have Christmas Eve from 5:00 p,m, until Christmas Day at noon, Mother would have the balance of the Christmas Holiday. ........ t'.".-, .,....,... oW"-~' _ II \WpllUlADIMNUlMPT ". ",- 6. During fhe summer, each party shall be entitled to fhree (3) non-consecutive weeks of custody, A week is defined as Sunday at 7:00 p,m. to Sunday at 7:00 p,m. Said weeks shall include the party's regularly scheduled weekend, The parties are required to give the other sixty (60) days written notice of the weeks he or she plans to take vacation. Ifboth parties desire the same weeks, in that event, the party giving first notice shall be entitled to the time. C, Father shall provide all transportation for custodial periods, (This is due to the fact that the parties' children are very active in athletics and other interests, Mother provides alltmnsportation for these events,) D. Father shall not come within twenty feet of Mother or her vehicle and Father shall stay in his automobile when dropping off the children, (Plaintiffwas subject to a PFA from approximately October 1994 through October 1995 and again from approximately April 1996 through April 1997 due to his harassing behavior of Defendant. Plaintiff has in the'past caused damage to Defendant's automobile. Defendant still fears Plaintiff and would ask that any custody order indicate that Plaintiff II.\Wp'fUAD1lKN1EWT m "I'" not have any physical contact with her or her automobile and that when dropping olTthe children PlaintilTbe required to stay in his automobile,) Respectfully submitted, COGNETII & BRADERMAN Dated: April 14, 1999 By: Maria P. C gnetti quire Sup. Ct.1.D, #27914 200 North Third Street Twelfth Floor P.O, Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 . II \Wp'#UIADlN<<NlI!MnPTI "I'" I, Maria p, Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Pre-Trial Memorandum by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Matthew J, Eshelman, Esquire 2108 Market Street, Aztec Building Camp Hill, PA 17011 Respectfully submitted, COGNElTI & BRADERMAN Dated: April 14, 1999 MICHAEL A. HEMPT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94-1778 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY v, CONNEE L. HEMPT, Defendant DEFENDANT'S PRE-TRIAL l\1EMORANDllM AND NOW, comes the Defendant, Connee L. Hempt, by and through her attorney, Maria p, Cognetti, Esquire, and submits the following Pre-Trial Memomndum: I. ANTICIPATED EXPERT WITNESSES: Defendant does nof intend to call any expert witnesses, However, Defendant reserves the right to call expert witnesses as may be necessary to respond to evidence submitted by Plaintiff. II, ANTICIPATED FACTUAL WITNESSES: Defendant intends to call the following factual witnesses: A. Connee Hempt, Defendant - Ms, Hempt will testify to the attitudes of her children and their father and all matters relevant to the custody of the children, She will further testifY as to what she believes to be an appropriate schedule for custody. B, Michael A, Hempt, Plaintiff, as of cross, II.\WplftJ!ADIHlNIIIIolPrPTI 41'_ C, Sarah Hooven, Defendant's mother - Mrs. Hooven will testify to the attitudes of the children and their father and all matters relevant to this custody action, D. Michael A. Hempt, Jr" parties' child - Michael will testifY to his relationship with each parent and his opinion regarding the summer schedule. E Erin M, Hempt, parties' child - Erin will testifY to her relationship with each parent and her opinion regarding the summer schedule. III, PROPOSED RESOLUTION: Defendant would propose the following schedule as a resolution of this matter: A, The parties would have shared legal custody offhe children, 8, Mother would have primary physical custody of all four children, Father would have partial physical custody of the children in accordance with the following schedule: I, Three weekends out of every four weekends, from Thursday after school until Saturday at 7:00 p,m, Mother shall have the option of reserving three weekends per calendar year for the purpose of special occasions which she cannot schedule on her weekends, i.e. family weddings and special events, Mother shall give Father 30 days written notice offhe weekends she intends to reserve, r~ : ~~~.~., ...,,~;.. 1I.\Wp\l'U!ADINO\IIEMPT.m 4JIMt 2. The holidays of Memorial Day, Fourth of July, and Labor Day, shall be alternated between the parties, The holidays shall be defined as beginning at 9 a,m, the day of the holiday and ending at 9:00 p,m. the day of the holiday, In even numbered years Mother shall have Memorial Day and Labor Day and Father shall have July Fourth. In odd numbered years, Father shall have Memorial Day and Labor Day and Mother shall have July Fourth, 3, With regard to the Easter holiday, Mother shall be entitled to the Easter holiday and the accompanying spring break. (Mother has historically taken the children to Florida during this period oftime, even prior to the parties' separation,) 4. With regard to Thanksgiving, Mother shall have Thanksgiving Day until 3:00 p,m. Father shall have Thanksgiving Day from 3:00 p,m, until 9:00, tfthe weekend following the holiday is Father's, then he shall keep the children until the conclusion of his weekend, 5. With regard to the Christmas holiday, in even numbered years, Father shall have Christmas eve from 5:00 p,m, until 10:00 p.m, and Christmas Day from 3:00 p.m, until 10:00 p,m. In odd numbered years, Father shall have Christmas Eve from 5:00 P,I1l, until Christmas Day at noon, Mother would have the balance of the Christmas Holiday, (. ~_, ,L.... II \Wp\l'UADlNCNWMPT,PTI 4116199 6, During the summer, each party shall be entitled to fhree (3) non-consecutive weeks of custody. A week is defined as Sunday at 7:00 p.m, to Sunday at 7:00 p,m. Said weeks shall include the party's regularly scheduled weekend, The parties are required to give the other sixty (60) days written notice of the weeks he or she plans to take vacation. Ifboth parties desire the same weeks, in that event, the party giving first notice shall be entitled to the time. C. Father shall provide all transportation for custodial periods, (This is due to the fact that the parties' children are very active in athletics and other interests. Mother provides all transportation for these events,) D, Father shall not come within twenty feet of Mother or her vehicle and Father shall stay in his automobile when dropping off the children, (Plaintiffwas subject to a PF A from approximately October 1994 through October 1995 and again from approximately April 1996 through April 1997 due to his harassing behavior of Defendant. Plaintiff has in the' past caused damage to Defendant's automobile, Defendant still fears Plaintiff and would ask that any custody order indicate that Plaintiff II IWo'IIJ!ADlNCN1EMPT m ",... not have any physical contact with her or her automobile and that when dropping ofTthe children PlaintifTbe required to stay in his automobile,) Respectfully submitted, COGNETII & BRADERMAN Dated: April 14, 1999 By: Maria P. C gnetti quire Sup. Ct.I.D. #27914 200 North Third Street Twelfth Floor P.O, Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 II\Wp\PLEADlNCNlEMPT,m ",.... '. . ~ERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Pre-Trial Memorandum by depositing a true and exact copy thereofin the United States mail, first class, postage prepaid, addressed as follows: Matthew J. Eshelman, Esquire 2108 Market Street, Aztec Building CampHiIl,PA 17011 Respectfully submitted, COGNETT1&BRADERMAN Dated: April 14, 1999 1'YW SSV10 !SH'~ I~ ~ ,0 <',\' ",-I <$-/ '" .." /:' ",'" //1 01' ,,~ l- V .(,\' <$-... ." ",,"" v"~ ,,0 ",,-I '" ""... '9.s- r ..... c :IS fn :3 (.) ~ a: LL. I ~iOlII ~i~~~ ;;~i~"1 . ~i~~ E~ Q ~ I ,,0 ",-I ."" ""... '9.s- r .(,\' <$-... ." ",,"" v"~ 0- ,~ eg ~' ~ 'B ~ ., <: 5.0- ~ 000. U \0 pIl , X 3 ~o.t> os c:c ,~ 'ra 0 la ::!1~:I: ~ iI.{ ai: ~}'r- . , ~ lilt - ~~ D !'~ lC ;:s.. "''!I-OIl II 1--- ,- i!: ._' t' .il. :a - E !l F.l'" e1! ~~ig Ci!< N u ;c Cloi .~ 0., ~~ ~ '-1 t 4 f MICHAEL A. HEMPT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 94 - 1778 - CIVIL TERM . . . CONNEE L. HEMPT, . CIVIL ACTION - AT LAW - CUSTODY . Defendant . PREVIOUSLY ASSIGNED TO: J. HESS . AND NOW, this I'" ORDER day of f'I1~ 1999, upon consideration of the attached Stipulation of the parties, said stipulation is hereby adopted as an Order of Court. BY THE COURT: Ad J. f__~"''''''''''',,,,,,'i--,,....,;':,,,...,*~ '- ..:I" ~ h; -:J ~ ~ '.- I !l~~ 0--' ~~.. - ::,?; c;:: .~ t,_;. ~, ::J ' . f:'j'. ~.,j) 1 . C 'IZ 1..1.; ,r:Z ~l :>-: 'UI:J '. ' ,In.. :&.; :J (0. e:-. (.\ 0"> (,) .' MICHAEL A. HEMPT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. 94 - 1778 - CIVIL TERM : CONNEE L. HEMPT, Defendant : CIVIL ACTION - AT LAW - CUSTODY : PREVIOUSLY ASSIGNED TO: J. HESS STIPULATED ORDBR WHEREAS, the parties in this matter are Michael A. Hempt, Sr., (the Father hereinafter) and Connee L. Hempt (the Mother hereinafterl; WHEREAS, the parties have born to them four children, namely Corrine D. Hempt, born February 22, 1982; Julie L. Hempt, born May 25, 1984; Michael A. Hempt, Jr., born August 28, 1986; and Erin M. Hempt, born August 28, 1986, (the children hereinafter); WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the children; and WHEREAS, the parties have met with Dr. Stanley E. Schneider, Registered Custody Evaluator, in an attempt to mediate their own parenting schedule; now THEREFORE, upon consultation with their respective counsel in the persons of Matthew J. Eshelman, Esquire, for the Father, and Maria P. Cognetti, Esquire, for the Mother, the parties hereto agree as follows: 1. The Mother shall have primary physical custody of the parties' minor children. The parties shall share legal custody of the children jointly. The parties are specifically permitted to access the records of any medical care provider to the children. 2. The Father shall have visitation with the children three weekends out of every four from Thursday after school until Saturday at 7: 00 p.m. Each party shall have the option of reserving three weekends per calendar year for the purpose of special occasions, e.g. family weddings and special events. These reserved weekends shall not increase or reduce the number of weekends to which each parent would otherwise be entitled. A party requesting that a specific weekend be reserved to him or herself shall give the other party at least thirty days' written notice. In the event both parties request a given weekend be reserved, the notice delivered first in time shall control. 3. The holidays of Memorial Day, Independence Day, and Labor Day shall be alternated between the ~arties. Holidays shall be defined as beginning at 9:00 a.m. the day of the hOliday, and ending at 9:00 p.m. the day of the holiday. In even numbered years, the Mother shall have Memorial Day and Labor Day, and the Father shall have Independence Day. In odd numbered years, the Father shall have Memorial Day and Labor Day, and the Mother shall have Independence Day. 4. With regard to the Easter holiday, the Mother shall be entitled to the Easter holiday and the accompanying spring break. 5. With regard to Thanksgiving, the Mother shall have Thanksgiving Day until 3:00 p.m. The Father shall have Thanksgiving Day from 3:00 p.m. until 9:00 p.m. on Thanksgiving Day each year. The Father shall also have the Sunday following Thanksgiving Day each year from 4:00 p.m. through Monday at 6:00 p.m. 6. With regard to the Christmas holiday, in even numbered years, the Father shall have Christmas Eve from 5:00 p.m. until 10:00 p.m., and Christmas Day from 3:00 p.m. until 10:00 p.m. In odd numbered years, the Father shall have Christmas Eve from 5:00 p.m. until Christmas Day at noon. In those years when Christmas Day falls on a Friday or a Saturday, the Father shall also have an additional period extending from the Wednesday following Christmas Day at 9:00 a.m. through Thursday at 9:00 p.m. The Mother shall have the balance of the Christmas holiday. 7. During the summer vacation from school each year, each party shall be entitled to three (3) non-consecutive weeks of custody. A week is defined as Saturday at 7:00 p.m. to Saturday at 7:00 p.m. The parties are required to give the other party sixty (60) days' written notices of the weeks he or she plans to take vacation. In the event both parties request the same week, the notice delivered first in time shall control. S. The Father shall provide all transportation for custodial periods. 9. During exchanges of custody, the party receiving custody shall remain in his or her residence, and the party transporting the children shall remain in his or her car. 10. Neither party shall come within ten (lO) feet of the other or their vehicle. t.,...,..",. .....~,' 11. This Stipulated Order shall supersede all prior orders of this Court. The parties may modify the provisions of this Stipulated Order by mutual agreement. In the absence of mutual agreement, the terms of this Stipulated Order shall control. ~' d J J r~ ~~ lice