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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
STATE OF I~. PENNA,
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SCOTT 1l0^CIlIJINIlRlI ,
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CIIRlIYL 1l0^CIlIJINIlBR,
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DECREE IN
DIVORCE
AND NOW,. ~~. .'.$........, 19. ,~.., It Is ordered and
BCO'I'T 1I0^CIIL^NDEH I I Iff
decreed that ".......... .. ,.........,',...,.."""",.",., pant ,
and. . . . . . . CIIERYI, 1I0^CIII,^NDEH . . . . . . . . . , , , . , , , , . , . . , , . , . . . " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this acllon for which a final order has not yet
l>oel1 onfered;
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ShumakerWilliams,P.C.
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P. 0 BOX 88. H),RRISBURG, PENNSYLVANIA 17108
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~Q~~-~UPTIAL AGREEMENT
1'1115 IIGREEMEN'I', 111<1110 Lhio n~ day of .1>~;CtlW(<'1tl\.., 1995, by
and botween Chery 1 1I0achlander (hereinafter called "Wife") and
Scott 1I0achlander (horeinafter called "Husband").
HIT NEB BET HI
The parties hereto are Wife and Husband, having been married
on or about May 14, 1983. There have been two children born of
this marriage, Justin Chad Hoachlander, currently age 11; and
Jordan Brent Hoachlander, currently age 8.
WHEREAS,
diverse
differences,
disputes
and
unhappy
difficulties have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of
settling fully and finally their respective financial and property
rights and obligations as between each other, including without
limitation: (1) the settling of all matters between them relating
to the ownership ot real and personal property; (2) the settling of
all matters between them relating to the past, present and future
support and/or maintenance of Wife by Husband or Husband by Wife;
(3) in general, the settling of any and all claims and possible
claims by one against the other or against their respective
estates; and (4) in goneral, the settling of any and all actual and
possible claims by each party against the other or against their
respective estates.
NOW THEREFOIlE, in consideration of the premises and of the
mutual promioeo, covnnantn and undertakingo hereinafter Bet forth
.
Alld lor other good and valuAhln cOlloideration, receipt of which In
hereby acknowledged by each of the partieo hereto, Wife and
Huoband, each intending to be legally bound hereby, covenant and
agree 00 folloWSl
AGREEMENT NOT~DICATED UPON DIVORCB
It is specifically understood and agreed by and between the
parties hereto and each of the said partieo doso hereby warrant and
reprssent to the other that the execution and delivery of this
Agreement is not predicated upon nor mode subject to any agreement
for the institution, prooecution, defense dr for the non-
prosecution or non-defense of any action for divorce I provided,
however, that nothing contained in thio Agreement ohall prevent or
preclude either of the parties hereto from commencing, instituting
or prosecuting any action or actions for divorce, either absolute
or otherwioe, upon just, legal and proper grounds, nor prevent
either party from defending any such action which may, has been or
ohall be instituted by the other party, or from making any just or
propsr defense thereto.
Husband has filed a divorce action in the Court of Common
Pleas of cumberland County, Pennsylvania, pursuant to, inter AliA,
Section 3301(c) and 3301(d) of the Divorce Code.
To further the grant of the divorce, the parties agree that
they Ilhal! execute and promptly file the requisits affidavits
required to obtain a divorce pursuant to Ssction 3301(c) of the
nlvorce Code and that Wife ohall take all steps necessary to
2.
finalize the divorco including incorporating but not morging thia
Agreement inlo tho final Decreo in Divorce.
ADVICE OF COUNSBL
The provisiona of thia Agreemont and their logal effect have
been fully explained to Husband by his counsel, David R. Breschi,
Esquire, and to Wife by her counsel, Austin Grogan, Esquire. Both
Huaband and Wife acknowledge that they understand this Agreement,
and that they have voluntarily selected their counael.
Both Wife and Husband acknowledge and accept that this
Agreement ia, in the circumstances, complete and equitable and that
it is being entered into freely and voluntar.ily, after having
received advice and with such knowledge that the execution of the
Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal
agreement or agreements.
Furthermore, Husband and Wife acknowledge that they have
received independent legal advice from their respective attorneys,
including e full explanation of the Divorce Code of 1990, as
amended, including Equitable Distribution of Real and Personal
Property, Alimony, Alimony Pendente Lite, Counsel Fees and Costsl
and that this Post-Nuptial Agreement fully encompasses the parties'
desires in regard to equitable distribution of all real and
pereonal property brought into or acquired during the course of the
marriage. 1~e partiea waive the right to require the filing of a
formal Inventory and Appraisement and a formal Income and ExpenaB
Statement although they have boen adviaed that it io their legal
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right to havo ouch diocloouro prior to ontoring into this
Agroomont.
Ily executing thio Agroemcnt, the parties arc
acknowledging satisfaction with the information preeently available
to them and agree not to UBe non-diBcloBure as a basis to overturn
this Agreement,
Further, both parties agree that this Agreement shall remain
in full force and effect even if, for some inexplicable reason, no
final Decree in Divorce is obtained and, furthermore, that this
Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered in respect to the
,
parties, and Husband and Wife further agree the terms of this
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Agreement shall be incorpofated, but not merged, into any Divorce
Decree which may be entered in respect to the parties. Therefore,
Husband and Wife agree and each of the parties does hereby warrant
and represent to the other that should either of them obtain a
Decree, Judgment, or Order of Separation or Divorce in any state,
country or jurisdiction, that that party will take all reasonable
steps to have this Agreement incorporated as part of any such
Decree, Judgment or Order.
The parties further agree that the
Court of Common Pleas which may enter such Divorce Decree shall
retain continuing jurisdiction over the parties and the subject
matter of the Agreement for the purpose of enforcement of any of
the provisions thereof.
PERSONAL RIGHTS
Wife and HUBband may and Bhall, at all times hereafter, live
separato and apart.
Each shall be free from all control,
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restraint, interference or authority, direct or indirect, by the
other in all respectu liS tu 11 y ao if ohe or he were unmord ed.
Each may reside at such place or places os sho or he may select.
Eoch may, for her or hiB Beparate UBe or benefit, conduct, carryon
and engage in any business, occupation, profession or employment
which to her or him may seem advisable. This provision shall not
be taken, however, to be an admiBBion on the part of either Wife or
HUBband of the unlawfulnesB of the COUBeB which led to, or results
in, the continuation of their living aport. Wife ond Husband shall
not molest, horass, dlBturb or malign each other nor compel or
,
attempt to compel the other to cohabit or dwell by any means or in
any manner whatsoever with her or him.
PERSONAL PROPIRTf
In conjunction with the execution of this Agreementl
(1) Husbond shall moke available for delivsry to Wife a
washer and dryer. This washer was purchased by Husband and Wife as
marital property. This dryer was purchased by Husband after the
parties separated; and
(2) Husband and Wife shall equally divide the 1993 IRS refund
check for $1,253.00.
Except aB otherwise pro v ided herein, Husband and Wife do
hereby acknowledge that all items of personol property, other than
thoBe specifically set forth in paragraphs of this Agreement,
acquired by them during the course of the marriage have been
divided to their mutual satisfaction. 'rho partieo, to further
confirm ownership of said ltomll of porllollal proporly agreo, in
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exchange for the considoration of the sum of Ono Dollar ($1.00) in
hand to each paid by tho other, to release any claim or claims they
may have in regard to said items currently in possession of the
other party so that said items may become the sole and exclusive
property of the individual who currently has possession of them.
PENSION PLANS. IRA'S AND BUS INISS ASSITS
Both Husband and Wife further agree that in exchange for the
sum of One Dollar ($1.00) in hand paid to each by the other, that
they waive any claim or claims they may have in regard to any IRA's
and/or Pension Plans which are title in the oth6r's name or which
have accrued to them by virtue of their respl!ctive employment,
either currently or in the past; and each agrees that said IRA's
and/or Pension Plan shall become the sole and exclusive property of
the person whose work efforts have funded said Pension Plan and/or
IRA, and they further agree that they will execute any
documentation necessary to release any claim or claims they may
have in regard to said plans.
MARITAL DISTS
Husband shall, within thirty (30) days of execution of this
Agreement, take any and all necessary steps to remove Wife's name
from any obligations on all mortgages on the property at 2124
Newville Road, Carlisle, Cumberland County, Pennsylvania and
further shall solely be responsible for all mortgages on the
aforesaid property.
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RBAI. PROPERTY
Husband and Wife, during the course of the marriage, have
acquired a jointly held residence at 2124 Newville Road, Carlisle,
Cumberland County, Pennsy1 vania. The parties agree that Husband
shall pay to Wife $12,000.00 in exchange for Wife deeding the said
property to Husband individually.
SPOUSAL SUPPORT
The parties herein acknowledge that by this Agreement they
have each respectively secured and maintained 8 substantial and
adequate fund with which to provide themselves su,fficient financiar
resources to provide for their comfort, maintenance and support in
the station of life in which they are accustomed. Wife and Husband
do hereby waive, release and give up any rights they may
respectively have against the other for alimony, alimony pendente
lite, spousal support or maintenance. It shall be from the date of
this Agreement the sole responsibility of each of the respective
parties to sustain themselves without seeking spousal support in
any form from the other party.
BAR TO DIVORCE DBFENSBS
This Agreement shall bar the right of Wife or Husband to
contest or any way defend the divorce of the parties on lawful
grounds if such grounds now exist or shall hereafter exist. It is
agreed that this Agreement shall not be impaired by any Divorce
Decree which may be granted but shall continue in full force and
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effect notwithstanding tho granting of any such Decree end shall be
incorpofeted, but not merged, into said Decree.
This Agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of
any act or acts on the part of tho other party which heve
occasioned the disputes or unhappy differences which have occurred
prior to or which may occur subsequent to the date hereof.
~TY AS TO FUTURE OBLIGATIONS
Husband and Wife each covenant, represent, warrant and agree
that, except as may be otherwiee epecifically provided by the terms
of this Agreement, that neither of them shall hereafter incur any
liability whatsoever for which the other or the estate of the other
may become liable, and each now and at all times hereafter, shall
indemnify and hold harmless the other party from and against any
such liabilities, costs or expenses thereto incurred by the other
party after the date of the execution of this Agreement.
MUTUAL RILIASI
Wife and Husband each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of such
other, for all time to come, and for all purposes whatsoever, of
and from any and all right, title and interest, or claims in or
against the property (including income and gain from property
hereafter accruing) of the other or against the estate of euch
other, of whatever nature and wheresoever situate, which she or he
has or at any time hereafter llIay have against uuch other, the
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eutate of such other or nuy part hereof, whether arising out of any
former acts, contractB, engagements, or liabilities of Buch other
or by way of dower or courteDY, or claimB in the nature of dower or
courtesy or widow'B or widower'B right, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the BpouBe' B Wi 111 or the right to treat a lifetime
conveyance by the other as teBtamentary, or all other rights of a
Burviving spouse to participate in deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any state,
commonwealth or territory of the United States, or (c) any other
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country, or any rightB which Wife may have or at any time hereafter,
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have or past, present or future support or maintenance, alimony,
alimony pendente lite, counBel feeB, costB or expenBeB, whether
arising aB a result of the marital relation or otherwise, excepting
and only excepting, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any provisions thereof. It is the intention
of Wife and Husband to give to each other by the execution of this
Agreement a full, complete and general release with respect to any
and all property of any kind or nature, real, personal or mixed,
which the other now owns or may hereafter acquire, excepting and
only excepting all rights and agreements and obligationB of
whatBoever nature ariBing or which may ariBe under thiB Agreement
or for the breach of any termB thereof, Bubject, however, to the
implementation and satiBfaction of the conditions precedent aB set
forth hereinabove.
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Q'l'm:JLR9~YHENTA T lmi
Wife and Huaband covenant and agree that they will forthwith
(and within at leaat sixty (601 days after demand therefor) execute
any and all wri tton inotrumonts, tit Ie, assignmento, releasos,
oatiofactiono, deedo, notes or ouch other writingo ao may be
neceosary or desirable for the proper effectuation of this
Agroement, and as their respective counsel shall mutually agree
should be so executed in order to carry out fully and effectively
the terms of this Agreement.
SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be
binding upon and insure to the benefit of the parties hereto, their
respective heirs, executors, administrators, successors or assigns.
ENTIRE AGREEMENT
Wife and Husband do hereby covenant and warrant that this
Agreement contains all of the representations, promises and
agreements made by either of them to the other for the purposes set
forth in the preamble hereinabove; that there are no claims,
promises or representations not herein contained, either oral or
written, which shall or may be charged or enforced or enforceable
unless reduced to writing and signed by both of the parties hereto;
and the waiver of any term, condition, clause or provision of this
Agroement shall in no way be deemed to be considered a waiver of
any other term, condition, clauoe or provision of this Agreement.
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BINDING EFf~CT OF AGREEMENT
'rhis Agreement shall remain in full force and effect unless
and until terminated undot. and pursuant to the terme of this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
ATTORNEY FIBS
In the event that either party is required to seek legal
advice or file any action in the court of law fdr the enforcement
of this Agreement, the prevailing party to sa~d claim shall be
responsible for the non-prevailing party's actual attorney fees and
costs.
SEPARABILITY
If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement and in all other respects
this Agreement shall be valid and continue in full force, effect
and operation. Likewise, the failure of any party to meet her or
his obligations under anyone or more of the paragraphs herein,
with the exception of this satisfaction of the conditions
precedent, shall in no way void or alter the remaining obligations
of the party.
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NOTICE PROVISIONS
(a) Notice to Wife shall be Dent by certified mail, return
receipt requested, to 519 North Bedford Street, Carlisle,
Pennsylvania 17013, or such other addreDD as Wife from time to time
may designate in writing.
(b) Notice to Husband shall be sent by certifisd mail, rsturn
receipt requested, to 271 Barnstable Road, carlisle, Pennsylvania
17013.
HEADINGS
Any headings preceding the text of the sevetal paragraphs and
subparagraphs hereof are inserted solely fQr convenience of'
reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
EFFECTIVE DATE
The effective date of this Agreement shall be the date upon
which it is executed.
CONTROLLING LAW
This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
This Agreement is executed in duplicate and in counterparts,
and Wife and Husband, as partiee hereto, acknowledge the receipt of
a duly executed copy hereof.
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IN WITNESS WHER~OF, the parties hereto have set their hande
and eeale the day and year first above written.
WITNESS:
W /I ~t1,
~1J.It.~d.~
Scott Hoec en er
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~erYl)toeoh ender
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (;t111I.it {i I '(I
SS.
Before me, the undersigned authority, on this day personally
appeared Scott Hoachlander, known to me as the person who executed
the foregoing instrument, and who acknowledged to me that he
executed the eame for the purposes and coneiderations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this JIl!:.1 day of
~, 1995.
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Notary publ c
My Co ission Ex iresl
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (!..uA1 boL~ I" Ii)
55.
Before me, the underBigned authority, on this day perBonally
appeared Cheryl Hoachlander, known to me as the person who executed
the foregoing inBtrument, and who acknowledged to me that she
executed the Bame for the purposeB and considerations therein
expressed.
GIVEN
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UNDER MY HAND AND SEAL OF OFFICE thiB tZ- day of
1995.
My Co
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SCOTT HOACHLANDER, . IN THE COURT OF COMMON PLEAS
.
Plaintiff
. CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. I NO. 94-3696 CIVIL TERM
I
. CIVIL ACTION - LAW
.
CHERYL HOACHLANDER, .
.
Defendant IN DIVORCE
PRABOIPB TO TRANSMIT aBOORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following
information, to the Court for entry of a Divorce Decree:
1. Grounds for divorce: Irretrievable breakdown under 23
Pa.C.S.A. S3301(c) of the Divorce code.
2. Date and manner of serv ice of the Complaint: July, 1994,
See attached Return
certified Mail, Return Receipt Requested.
Receipt.
3. Date of execution of the Affidavit of consent required by
S3301(c) of the Divorce code by Plaintiff November 10, 19951 by
Defendant December 12, 1995.
4.
Related claims pending:
Post Nuptial Settlement
Agreement which is to be incorporated but not merged into final
Decree.
Datel
Deoember 29, 1995
By:
Respectfully submitted,
SHUMAKER WILLIAMS, P.C.
ri
Breschi, 1.0. #59001
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
52776
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IlOMESTIC RETURN RECEIPT
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MANCI<f.. WAONl"l. l-m'1E1Hf.V tIo lUl-L V
SCOTT HOACHLANDER, I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff I NO. 9t/ - 3t;9(p
v. I L~ Lt.1 \Jf!{.1f1
I
I CIVIL ACTION - LAW
CHERYL HOACHLANDER :
I IN DIVORCE
Defendant I
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree in divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for another claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage oounselors is available in the
Office of the Prothonotary, Cumberland county Courthouse, Carliele,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU HAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
couaT ADMINISTRATOR
4th Floor
Cumberland County Courthouse
carlisle, PA 17013
(717) 240-6200
SCOTr HOACHLANDER, I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff I
v. I NO.
I
I CIVIL ACTION - LAW
CHERYL HOACHLANDER I
I IN DIVORCE
Defendant I
CONPLlIMT IN DIVORC.
AND NOW, comes the Plaintiff, SCOTT HOACHLANDER, by and
through his attorneys, MANCKE, WAGNER, IIERSHEY , TULLY and files
the following Complaint in Divoroe,
1. The Plaintiff, SCOTT 1I0ACIlLANDER, is an adult individual
currently residing at 271 Barnstabla Road, Carlisle, Cumberland
county, Pennsylvania.
2. The Defendant, CHERYL 1I0ACIlLANDER, is an adult individual
currently residing at 7 pine Road, Apt. 606, Mt. Holly, cumberland
county, Pennsylvania.
3. Plaintiff and Defendant have both been bona fide
residents of the Commonwealth of Pennsylvania for at least six (6)
months prior to the filing of this Complaint.
4. Plaintiff and Defendant are husband and wife having been
married on Hay 14, 1983, in New Bloomfield, Perry county,
Pennsylvania.
6. There have been no prior aotions of divoroe or annulment
between the parties in this or any other jurisdiotion.
6. Neither Plaintiff nor Defendant are members of the Armed
Foroes of the united states or any of its Allies.
7. Plaintiff has been advised of the availability of
counseling and that he has the right to request that the Court
require both parties to participate in counseling.
8. The Plaintiff avers as grounds on which this aotion is
based arel
(a) that the marriage ie irretrievably broken.
(b) that as of February 6, 1994 the parties will have lived
separate and apart for a period of at least two (2)
oontinuoue years.
WHEREFORE, Plaintiff praye this Court to enter a Decree in
Divorce.
COUNT I
lauitable Di.tribution
9. Paragraphs 1 through 8 above are incorporated herein by
referenoe and made a part hereof.
10. During the marriage, Plaintiff and Defendant have
acquired various items of mar i tal property, both real and personal,
whioh are sUbjeot to equitable distribution under Ssction 401 of
the Divorce Code of 1980.
WHEREFORE, Plaintiff, SCOTT HOACHLANDER, requests this
Honorable court I
(a) Enter a Decree in Divorce,
(b) Equitably distribute all property, both real and
personal, owned by the parties I and
(0) Grant such further relief as the court lDay deelD equitable
and just.
Respectfully submitted,
MANCRE, WAGNER, HERSHEY , TULLY
Datel ~ l C'.
)11'7 u/'1f
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By C\//' / (/ ) tll//{,,-
DAV R. BRESCHI, ESQUIRE
Attorney ID I 59001
2233 North Front street
Harrisburg, PA 17110
717/234-7051
Attorneys for Plaintiff
!
COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
S. S.
I hereby verify that the statements made in this document 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.
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SCOTT HOACHLANDER,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 94-3696 civil Term
I
I CIVIL ACTION - LAW
I
: IN DIVORCE
I
v.
CHERYL HOACHLANDER
Defendant
OBaTIrICATB or 8BaVIOB
I hereby certifY that I am thill day serving a copy of the
foregoing document upon the person and in the manner ind ioated
below, which service satisfies the requirement of the PennsYlvania
Rules of civil Procedure, by depositing same in the United states
Mail, Harrisburg, Pennsylvania, with first clase postage prepaid,
addressed as followel
CHERYL HOACHLANDER
114 SOUTH ARCH STREET
MECHANICSBURG, PA 17055
DATE I July 7, 1994
MANCKE, WAGNER, HERSHEY , TULLY
J?i (()<'//~ '
By. I
DA D R. BRESCHI, ESQUIRE
Attorney ID # 59001
2233 North Front street
Harrisburg, PA 17110
717/234-7051
Attorneys for Plaintiff
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SCOTT HOACHLANDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-3696 CIVIL TERM
CIVIL ACTION - LAW
CHERYL HOACHLANDER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 3301(c) of the Divorce Code
was filed on July 6, 1994,
2, The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3. I consent to the entry of a final Decree of Divorcs,
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I, Cheryl Hoachlander, hereby affirm that the information
contained in the foregoing Affidavit of Consent is true and correct
to the best of my knowledge, information and belief. I hereby
acknowledge that the facts set forth in the foregoing document are
made subject to the penalties of 18 Pa.C.S. 54904 relating to
unsworn falsification to authorities.
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SCOT1' 1I0ACHLANDER,
Plaintiff
IN 'rJlE COURT O~' COMMON PLEAS
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-3696 CIVIL TERM
CIVIL ACTION - LAW
CHERYL HOACHLANDER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 3301(c) of the Divorce Code
was filed on July 6, 1994,
2. The marriage of Plaintiff and Defendant is irretrievably
broksn and ninety (90) days have elapsed from the date of filing
the Complaint,
3. I consent to the entry of a final Decree of Divorce.
4. I understand that I may lose righte concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted,
I, Scott Hoachlander, hereby affirm that the information
contained in the foregoing Affidavit of Consent is true and correct
to the best of my knowledge, information and belief.
I hereby
acknowledge that the facts set forth in the foregoing document are
made subject to the penal ties of 18 Pa. C, S. S4904 relating to
unsworn falsification to authorities.
'lill fIll,
Scott Hosc
Datel If. 1t' ','s'
52774
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I IN THB COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 94-3696 CIVIL
I
I CIVIL ACTION - LAW
I IN DIVORCE
SCOTT HOACHLANDER,
plaintiff/Petitioner
CHERYL HOACHLANDER
Defendant/R.spondent
/'",
AND NOW, this IS' day of october, 1994, upon consideration
of Petitioner's petition for speoial Relief pursuant to Rule
ORDD
1920.43 of the Pa.R.C.P., a hearing shall be set ,in .thi~ matter.
., ,tlJ (! l i',D 10../
Said hoaring is to be held on the ,-'. I'c!. day of ~er, 1994, at
/", 1)' 9
it.' o'olock)_;lll., in Courtroom No.'-' of the
cumberland county courthouse.
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SCOTT HOACHLANDER, I IN THE COURT OF COMMON PLEAS
plaintiff/petitioner I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 94-3696 CIVIL
I
CHERYL HOACHLANDER, I CIVIL ACTION - LAW
Defendant/Respondent I IN DIVORCE
PITITIOM rOR SPICIAL RILIlr
PUR8UAMT TO RULI 1'20.43 or Pa.R.O.P.
TO THE HONORABLE GEORGE E. HOFFER I
AND NOW, comes the Plaintiff/Petitioner, Soott Hoachlander, by
and through his attorneys, MANCKE, WAGNER, HERSHEY , TULLY, who
present this Petition for special Relief and in support thereof
avers as followSl
1. The Plaintiff/Petitioner, Scott Hoachlander, is an adult
individual currently residing at 271 Barnstable Road, West
Pennsboro Township, cumberland county, Pennsylvania.
2. The Defendant/Respondent, cheryl Hoachlander, is an adult
individual currently residing at 7 pine Road, Apartment 606, Mount
Holly, cumberland county, Pennsylvania.
3. While married and cohabi tating, Petitioner and Respondent
purchased a home together at 2124 Newville Road, Carlisle,
Cumberland County, Pennsylvania 17013 in January, 1988.
4. The monthly mortqaqe payments on this property are
currently $600.00 per month and have been suoh einoe the parties
separated.
5. On February 6, 1994, the Respondent, Cheryl Hoaohlander,
moved out of the marital residence and has been out of the marital
residence since that date.
6. On May 19, 1994, the Petitioner moved out of the marital
residence and into his current residence at 271 Barnetable Road,
Cumberland County, Pennsylvania.
7. since May 19, 1994, the Petitioner has continued to pay
the monthly mortgage payments on the marital home. However,
because Petitioner is also making monthly mortgage payments on his
current home, he is unable make the entire monthly mortgage payment
on the marital home.
8. The Respondent has not contributed to the monthly
mortgage payments on the marital residence since the time she
voluntarily left the marital residence.
9. The Petitioner filed a Complaint in Divorce in this Court
on July 6, 1994.
10. The Petitioner ie currently showing the house to
prospeotive buyers and is endeavoring to have the property sold as
soon as reasonably poseible.
2
WHEREFORE, the Petitioner re.peotfully requeete this court
order the Re.pondent to pay one-half of the monthly mortqaqe
payments due on thie hou.. until the house oan b. Bold to a buyer.
R..peotfully SUbmitted,
MANCKE, WAGNER, HERSHEY , TULLY
Datel CC~, /f~ /jy
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BYori;n R': B~ES~HI', t;Q-UI~B--l'
Attorney ID I 59001
2233 North Front street
Harrisburq, PA 17110
717/234-7051
Attorney. for Plaintiff
3
VERIFICATION
I verity thet the statements mede in the toreqoinq
document are true and correct. I understand that felse
statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relatinq to unSWorn falsification to
authorities.
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SCOTT HOACHLANDER, I IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner I CUMBERLAND COUNTY, PENNSYLVANIA
I
V. I NO. 94-3696 CIVIL
I
CHERYL HOACHLANDER, : CIVIL ACTION - LAW
Defendant/Respondent I IN DIVORCE
OBRTI~IOATB O~ SBRVIOB
I hereby certify that I am this day serving a copy of the
foregoing document upon the person and in the manner indicated
below, whioh eervice satisfies the requirement of the Pennsylvania
Rules of civil Procedure, by depositing same in the united States
Mail, Harrisburg, Pennsylvania, with first class postage prepaid,
addressed as followSl
DATE~/l } j /'
V'/\(?"0'L( /< (I! ~ Y
MANCKC, WAGNER, HERSHEY & TULLY
Austin Grogan, Esquire
24 N. 32nd street
Camp Hill, PA 17011-2917
By '~:;--/ / ( r\~S<
DA~ID R. BRESCHI, ESQUIRE
Attorney ID I 59001
2233 North Front street
Harrisburg, PA 17110
717/234-7051
Attorneys for Plaintiff/Petitioner