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ore divorcer! from the bonds of matrimony. FurtherL the Pest-Nuptial AQreemen g
datoo March 29, 1994 and the Jlddendwn to Post'-Nuptiall19reement dated Aprir 26, "
1995 are ineorp:>rated herein for purposes of enforcemant cnly but otherwise shal1* M
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 ~.
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been entered;
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CAROL F.FOOR,
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Defendant
DECREE IN
DIVORCE
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AND NOW, ,,',""'" ,'?7?t:2y"" tp. ~..,' 19 ,r~:-." it is ordered and
decreed that "" ~,~i?~F!:, .11. , !!"qqJ;'" ,J;I;'. " , , , , , , , . , , , , . . , , , , , " plaintiff.
and. ,,', ., .", , , ,C;i;lF?,~ X" ,~C;>9F.." , " , , " . '" ,.", , ,. ". , ", defendant,
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the tenns of said Pest-Nuptial Agreement and Addendwn to Pest-Nuptial Agreement.
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continue in full force and effect from date of execution and even
after such time as a final decree in divorce may be entered with
respect to the Parties.
4. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The
Parties agree that the terms of this Agreement shall be
incorporated but not merged into any Divorce Decree which may be
entered with respect to them.
5. ADVICE OF COUNSELl The provisions of this Agreement and
their legal effect have been fully explained to the Wife by her
representative counsel, Mary A. Etter Dissinger, Attorney-at-Lawl
and to Husband by his representative counsel, Gary L. Rothschild,
Esquire.
6. MUTUAL RELEASE I Husband and Wife each do hereby mutually
remise, release, quit claim, and forever discharge the other in the
estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, titles and interests,
or claims in or against the property (including income and gain
from property hereafter accruing) of the other or against the
estate of such other, or whatever nature and whatsoever situate,
which he or she now has or at any time hereafter may have against
such other, the estate of such other, or any part thereof, whether
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arising out of any former acts, contracts, engagements or
liabilities of such oth~r, or by way of dower or curtesy, or widows
or widowers rights, family exemptions or similar allowance, or
under the intestate laws, or the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory or
the United States, or any other country, or any right which Wife
may have or at any time hereafter have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel
fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and
agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any thereof.
It is the intention of Husband and Wife to give each other by the
execution of the 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 her.eafter
'!cquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof.
4
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7. PERSONAL PROPERTY: Husband and Wife do hereby
acknowledge that they have divided the marital property, as of the
date of this Agreement, including, but without limitation, jewelry,
clothes, furniture and other personalty and hereafter Wife agrees
that all the property in the possession of Husband on the date of
this Agreement, shall be the sole, separate property of the
Husband, and Husband agrees that all of the property in the
possession of the Wife on the date of this Agreement shall be the
sole, separate property of Wife, irrespective of the foregoing
provisions, Wife hereby agrees to set over, transfer and assign all
of her right, title and interest to those personal effects and
items of personalty that are more fully described in Schedule "A,"
which has been annexed hereto and made a part hereof and which
shall become the sole property of Husband with the right to remove
same from the marital premises or from wherever located, and
Husband hereby agrees to set over, transfer and assign all of his
right, title and interest to those personal effects and items of
personalty that are more fully described in Schedule "a" which has
been annexed hereto and made a part hereof and which shall become
the sole property of Wife. By these presents, each of the Parties
does hereby specifically wai1!e, release, renounce and forever
abandon whatever claims he or she may have with respect to any of
the above-items which are the sole and separate property of the
other from the date of execution hereof.
5
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8. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the Parties
shall hereinafter own and enjoy, independently of any claim or
right of the other, all items of personal property, tangible or
intangible, acquired by him or her after March 26, 1993, with full
power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though he or
she were unmarried.
9. REAL PROPERTY: Husband hereby agrees to convey, transfer
and grant to Wife all his right title and interest in the residence
situate and located at 112 Hillside Road, Silver Spring Township,
Mechanicsburg, Cumberland County, Pennsylvania, which shall become
the sole and separate property of Wife. Wife agrees to secure a
mortgage in the amount owed on the first (1st) and second (2nd)
mortgages and to pay the said mortgages and to indemnify and hold
harmless Husband from any liability thereon. Husband agrees that
he will execute the documents required to transfer title to the
property on March 29, 1994, or when refinancing takes place should
same not occur on March 29, 1994, and will cooperate fully ~n the
transfer of such title.
10. LIABILITIES: During the course of the marriage, Wife and
Husband have incurred certain bills and obligations and have
amassed a variety of debts, and it is hereby agreed, without the
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13. waRRANTY AS TO EXISTING OBLIGATIONS:
Each Party
represents that they have not heretofore incurred or contracted for
any debt or liability or obligation for which the e~tate of the
other Party may be responsible or liable except as may be provided
for in this Agreement. Each Party agrees to indemnify or hold the
other Party harmless from and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligations arising out of this Agreement.
14. WARRJUnY AS TO FUTURE OBLIGATION:3: Husband and Wife each
covenant, warrant, represent and agree that each will now and at
all times hereafter save harmless and keep the other indemnified
from all debts, charges and liabilities incurred by the other after
March 26, 1993, except as may be otherwise specifically provided
for by the terms of this Agreement and that neither of them shall
hereafter incur any liability whatsoever of which the estate of the
othez may be liable.
15. WAIVER OF ALIMONY, SUPPORT AND HAINTENANCE: Husband and
Wife each waive, any and all right that either may have to alimony,
support and maintenance. Each Party acknowledges, that by the
provisions of this Agreement, they have been provided with
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adequately such that they can adequately support themselves without
aid of the other.
16. EQUITABLE DISTRIBUTION: Husband is obligated and agrees
to pay to Wife over a period of two (2) years, the sum of FIFTEEN
THOUSAND DOLLARS ($15,000.00), via monthly payments of no less than
FIVE HUNDRED DOLLARS ($500.00) per month until he is in a position
to payoff the entire balance. Wife will waive interest on this
FIFTEEN THOUSAND DOLLARS ($15,000.00) as long as the balance is
paid in full by the end of the two-year period from the date of
this Agreement. This FIFTEEN THOUSAND DOLLARS ($15,000.00) is the
sum the Parties agree Husband owes to Wife to equitably distribute
their marital assets. Husband agrees to keep a life insurance
policy in the amount of FIFTEEN THOUSAND DOLLARS ($15,000.00) on
himself and to name Wife as sole beneficiary until this financial
obligation is fulfilled. At any time, Wife may inquire of Husband
as to the status of this policy and Rusband shall produce proof of
said insurance in force.
This agreed-to amount of FIFTEEN THOUSAND DOLLARS ($15,()OQ.00)
is a non-dischargeable debt should Husband file bankruptcy before
the debt is paid in full as. Wife requires it to maintain and
support herself.
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17. OTHER DOCUMENTATION I Wife and Husband covenant and agree
that they will forthwith (and within at least thirty (30) days for
demand therefore) execute any and all written instruments,
assignments, releases, satisfactions, notes or other such writings
as may be necessary or desirable for the proper effectuation of
this Agreement in order to carry out fully and effectively the
terms of this Agreement.
18. FULL DISCLOSURE: Wife and Husband hereby represent that
they have fully and completely disclosed to the other Party all
property owned or possessed by them and all debts for which they
are now or may in the future be liable, at the time this action was
commenced, at the time one month prior to the signing of this
Agreement, and that they have also disclosed to the other party all
property transferred by them within the preceding three (3) years.
19. ENTIRE AGREEMENT I This Agreement contains the entire
understanding between the Parties. There are no representations,
warranties, covenants or undertakings other than as expressly set
forth herein.
20. WAIVER OR MODIFICATION TO BE IN WRITING: No modification
nor waiver of any of the terms hereof shall be valid unless in
writing and signed by both Parties and no waiver of any breach
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ADDENDUM TO POST-NUPTIAL AGREEMENT
THIS AGREEMENT, made this 2~~! day of April, 1995, by and
between Carol F. Foor (hereinafter called "Wife") and Robert W.
Foor, Jr. (hereinafter called "HuSband")
WITNBSSED:
WHnDS, the parties hereto entered into a Post-Nuptial
Agreement dated March 29, 1994; and
WHnEAS, subsequent to the parties' execution of the
aforementioned Post-Nuptial Agreement the parties were informed of
a possible tax liability to the Internal Revenue Service in the
amount of $574.00 for the tax year ended December 31, 1992; and
WHEREAS, the parties desire to set forth their mutual
agreement as to liability for the possible liability to the
Internal Revenue Service;
!lOW, TJlBREJ'ORB, Husband and Wife, each intending to be legally
bound, covenant and agree as follows:
1. Husband and Wife shall bear equal liability for the tax
liability referenced above, if one is shown to be due and owing to
the Internal Revenue Service for the tax year ended December 31,
1992.
IN WITNESS WHBRBOJ', the parties hereto have set their hands
and seals the day and year first above written.
WITNESSES:
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ROBERT W. FOOR, JR., : IN THE COURT OF COMMON PLEAS OF
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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VB. . NO. 94-6766 CIVIL TERM
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CAROL F. FOOR, . CIVIL ACTION - LAW
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Defendant . IN DIVORCE
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AFFIDAVIT OF CONSENT
A complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on November 30, 1994.
The marriage of plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing of the Complaint.
(3) I consent to the entry of a final decreo of divorce.
(4) I understand that I may lose rights concerning alimony,
division of property or lawyer's fees or expenses if I do not
claim them before a divorce is granted.
(1)
(2)
(5) I verify the statement. made in this Affidavit are true and
correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.G.A. Section 4904
jI~:a~:::.ta unaworn talaitiaatian~.~~
~r- ROBERT W. POOR, JR.
Sworn and subscribed to
before _me thls ':;J.{~ day
of ~ ' 19~5.
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NOTARY PUBLIC Cl
My COlDll1ission Expires: % ("
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1'1 ROBERT W. FOOR, JR.,
,! Plaintiff
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! CAROL F. FOOR,
I Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 94-6766 CIVIL TERM
IN DIVORCE
ANSWER
Defendant, Carol 'F.
Dissinger, Esquire, files
represents that:
Foor, by her attorney, Mary A. Etter
the following Answer and respectfully
1- Admitted.
Ii 2. Admitted.
, 3. Admitted.
,
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
Plaintiff /counter-defendant is directed to answer the
fOllowing ccunterclairn within twenty (20) days, cr suffer pcssible
default.
COUllTDCLAIK
Defendant/counter-plaintiff avers by way of counterclaim:
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Ii 8. The prior paragraphs of this Answer are incorporated herein by
I: reference theretc.
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Reque.t for
Harital property Under
COUllT I
Bquita~le Di.tri~ution of
3104 and 3~02(a) of the Divoroe
Code
9. Plaintiff and Defendant have acquired property, both real and
personal during their marriage from the date of said marriage until
the date of their separation.
10. Plaintiff and defendant signed a Post-Nuptial Agreement on
March 29, 1994 (attached herein as "Exhibit A") obligating
Plaintiff to pay defendant over a period of two (2) years the sum
of Fifteen Thousand Dollars ($15,000.00), in monthly installments
of Five Hundred Fifty Dcllars ($550.00).
11. Plaintiff's obligation to pay Defendant the Fifteen Thousand
Dollars ($15,000.00) in accordance with the Post-Nuptial Agreement
has not been completed.
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,I 12. Plaintiff and Defendant signed a Post-Nuptial Agreement on
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I March 29, 1994 obligating Plaintiff to transfer to Defendant one-
II~'. half (1/2) of the parties' Hensley Broadcasting, Inc. stock (see
Schedule "B" in "Exhibit A" attached herein) .
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Ii 13. Plaintiff has
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I: Defendant.
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net fulfilled his commitment to transfer cne-
parties' Hensley Broadcasting, Inc. Stock to
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arising cut of any former acts, contracts, engagements or
liabilities of such other, or by way of dower or curtesy, or widows
or widowers rights, family exemptions or similar allowance, or
under the intestate laws, cr the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commcnwealth or territory or
the United states, or any ether country, or any right which Wife
may have or at any time hereafter have for past, present or future
support or maintenance, alimony, alimcny pendente lite, counsel
fees, costs or expenses, whether arising as a result of the,,~rital
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relation or otherwise, except, and cnly except, all rights and
agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any therecf.
It is the intention of Husband and Wife to give each other by the
execution cf the Agreement a full complete and general release with
respect to any and all property of any kind or nature, real,
personal or mixed, ,which the other now owns or may hereafter
acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or fer the breach of any provision thereof.
4
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7.
PERSONAL PROPERTlll
Husband and Wife do hereby
acknowledge that they have divided the marital property, as of the
date of thia Agreement, including, but without limitation, jewelry,
clothes, furniture and other personalty and hereafter Wife agrees
that all the property in the possession of Husband on the date of
this Agreement, shall be the sole, separate prcperty of the
Husband I and Husband agrees that all of the property ill the
pcssession of the Wife on the date cf this Agreement shall be the
sole, separate property of Wifel irrespective of the foregoing
provisions, Wife hereby agrees to set over, transfer and assign all
of her right, title and interest to those personal eff~cts and
items of personalty that are more fully described in ScheduJ~ "A, II
,..,. .,
which has been annexed hereto and made a part hereof and which
shall become the sole property of Husband with the right to remove
same from the marital premises or from wherever located, and
Husband hereby agrees to set over, transfer and assign all of his
right, title and interest to those personal effects and items of
personalty that are more ful~y described in Schedule "B" which has
been annexed heretc a~d made a part hereof and which shall become
the sole property of Wife. By these presents, each of the Parties
does hereby specifically waive, release, renounce and forever
abandon whatever claims he or she may have with respect to any of
the above-items which are the sole and separate property of the
other from the date of execution hereof.
5
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a. AFTER-ACQUIRED PERSONAL PROPERTY I Each of the Parties
shall hereinafter own and enjoy, independently of any claim or
right of the other, all items of personal property, tangible or
intangible, acquired by him or her after March 26, 1993, with full
power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though he or
she were unmarried.
9. REAL PROPERTY I Husband hereby agrees to convey, transfer
and grant to Wife all his right title and interest in the residence
situate and located at 112 Hillside Road, Silver Spring Township,
Mechanicsburg, Cumberland County, Pennsylvania, which shall qecome
t..
...... .,
the sole and separate property of Wife. Wife agrees to secure a
mortgage in the amount owed on the first (1st) and second (2nd)
mortgages and to pay the said mortgages and to indemnify and hold
harmless Husband from any liability thereon. Husband agrees that
he will execute the documents required to transfer title to the
property on March 29, 1994, or when refinancing takes place should
same not occur on March 29, 1994, and will cooperate fully in the
transfer of such title.
10. LIABILITIES: During the course of the marriage, Wife and
Husband have incurred certain bills and obligations and have
amassed a variety of debts, and it is hereby agreed, without the
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13. WARRANTY AS TO EXISTING OBLIGATIONS I
Each Party
represents that they have not heretcfore incurred or contracted for
any debt or liability or obligation for which the estate of the
other Party may be responsible or liable except as may be provided
for in this Agreement. Each Party agrees to indemnify or hold the
other Party harmless from and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessitIes, except for
the obligations arising out of this Agreement.
14. WARRANTY AS TO FUTURE OBLIGATIONS I Husband and Wife each
covenant, warrant, represent and agree that each will now,..~nd at
...... .\
all times hereafter save harmless and keep the other indemnified
from all debts, charges and liabilities incurred by the other after
March 26, 1993, except as may be otherwise specifically provided
for by the terms of this Agreement and that neither of them shall
hereafter incur any liability whatsoever of which the estate of the
other may be liable.
15. WAIVER OF ALIMONY, SUPPORT AND MAINTENANCE: Husband and
Wife each waive, any and all right that either may have to alimony,
support and maintenance.
Each Party acknowledges, that by the
provisions of this Agreement, they have been provided with
8
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adequately such that they car. adequately support themselves without
aid of the other.
16. EQUITABLE DISTRIBUTION I Husband is obligated and agrees
to pay to Wife over a period of two (2) years, the sum of FIFTEEN
THOUSAND DOLLARS ($15,000.00), via monthly payments of no less than
FIVE HUNDRED DOLLARS ($500.00) per month until he is in a position
to payoff the entire balance. Wife will waive interest on this
FIFTEEN THOUSAND DOLLARS ($15,000.00) as long as the balance is
paid in full by the end of the two-year period from the date of
this Agreement. This FIFTEEN THOUSAND DOLLARS ($15,000.00) is the
sum the Parties agree Husband owes to Wife to equitably di~~~ibute
....' .,
their marital assets. Husband agrees to keep a life insurance
policy in the amount of FIFTEEN THOUSAND DOLLARS ($15,000.00) on
himself and to name wife as sole beneficiary until this financial
obligation is fulfilled. At any time, wife may inquire of Husband
as to the status of this policy and Husband shall produce proof of
said insurance in force.
This agreed-to amount of FIFTEEN THOUSlUlD DOLLARS ($15,000.00)
":'
is a non-dischargeable debt should Husband file bankruptcy before
the debt is -paid in full as Wife requires it to maintain and
'support herself.
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9
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ROBERT W. FOOR, JR., . J:N THE COURT OF COMMON PLEAS
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Plalntitf CUMBERLAND COUNTY, PENNSYLVANIA
I
v. : NO. 94 - 6766
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CAROL F. FOOR, . CIVIL ACTJ:ON - LAW
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Defendant . CIVIL TERM AND DIVORCE
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PLAINTIFF'S RBPLY TO CO~IRCLAIN
:AND IIOW COMBS, Plaintitf, Robert W. Foor, Jr. , by his
attorney, Gary L. Rothshild, Esquire and the law firm of
SERRATELLI, SCHIFFMAN AND BROWN, P.C., who file this reply to
Defendant's Counterclaim and avers as follows:
8. Plaintiff incorporates Paragraphs One (1) through Seven
(7) inclusive of Plaintiff's Complaints.
9. Admitted. It is admitted that Plaintiff and Defendant
acquired property both real and personal during their marriage.
10. Admitted in part and Denied in part. It is admitted that
Plaintiff and Defendant signed a Post-Nuptial Agreement on March
29, 1994, obligating the Plaintiff to pay the Defendant $15,000.00
over a period of two years. It is denied that the monthly payments
required to be paid by the Plaintiff to the Defendant under this
obligation are Five Hundred Fifty Dollars ($550.00). By way of
further answer, the Post-Nuptial Agreement specifically obligates
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the Plaintiff to payments of "no less that $500.00 per month." By
way of further answer, Plaintiff has made all required payments
under the Post-Nuptial Agreement to date, and fully intends to
continue to comply with the further requirements of the Post-
Nuptial Agreement.
11. Admitted in part and Denied in part. It is admitted that
plaintiff has not paid the entire amount due of $15,000.00. To the
extent that Defendant asoerts that plaintiff is not in full
compliance with the Post-Nuptial Agreement, it is Io;pecitically
denied. By way of further answer, plaintiff has made all required
payments under the Post-Nuptial Agreement to date, and fully
intends to continue to comply with the further requirements of the
Post-Nuptial Agreemsnt.
12. Admitted in part and Denied in part. It is admitted that
Plaintiff and Defendant signed a Post-Nuptial Agreement on March
29, 1994. It is speoifically denied that plaintiff was obligated
to transfer one-half of the Hensley Broadcasting, Inc. stock. By
way of further answer, the Post-Nuptial Agreement signed by the
parties on March 29, 1994, did not indicate which party was
obligated to institute the transfer proceeding Changing the
ownership of the stock from jointly held stock to individually held
half shares.
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13. Denied. It is specitically denied that Plaintitt was
obligated to transter one-halt ot the Hensley Broadcasting, Inc.
stock. By way ot turther answer, the poat-Nuptial Agreement signed
by the parties on March 29, 1994, did not indicate which party was
obligated to institute the transter proceeding changing the
ownership ot the stock from jointly held stock to individually held
half shares.
WBBRBWORB, Plaintift respecttully requests that Defendant's
Counterclaim be dismissed and that this Honorable Court enter a
Decree in Divorce trom the bonds ot matrimony.
Respectfully SUbmitted,
\
SBRJlATBLLJ:, SCBJ:WnIU
aJID BRon, 1'.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
Attorney tor Plaintitt