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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF .. PENNSYLVANIA
..Plaintiff
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.." ., II
N o. ,~~::~7..ZJ!L.", ".."",,,,,,,.. 19
Vcrsus
, ..Defendant
DECREE IN
DIVORCE
AND NOW. ' . . , . ~ k \. , , . ,I~, , , . . . ., 19.<::J C., it Is ordered and
decreed that "..."..,., ,"~H'.'~",~,. \I~pp!,,,!,~!,!,~.. , . . . , ,., . . . .. plaintiff.
and, ,. . . . , , , ., , , ' . , , DilV.id, )1,0, JUp.p.e.nS.I;l\l\l,. xu. . , , . . , . ...., ., defendant.
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
None.
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MARITAL AGREEMENT
,
THIS AGREEMENT, made thisS.t't, day of ~ ,1995 by and between DAVID
B. HIPPENSTEEL, Ill, hereinafter-referred-to aa Husband, of 161 C1evenburg Rosd,
Shippenlburg, Cumberland County, Pennsylvania, and MELINDA S, HIPPENSTEEL,
hereinafter-referred-to ss Wife, of 434 Peiper Road, Shippenlburg, Cumberland
County, Pennsylvania.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on
December 10, 1993, in Shippenaburg, .'rsnk1in County, l?enneylvania, with no children
having been born of the marriage,
WHEREAS, diverse unhappy differenceo, diaputea and difficulties have arisen
between the parties and it is the intention of Wife and Husband to live separate and
apart, and the parties hereto are desirous of settling aome of their reepective
financial snd property rights and obligations as between each other including,
without limitation by specificstion: the equitable division of marital property, and
the settling of all matters between them relating to the past, present and future
alimony and/or maintenance of Wife by Husband or of Husband by Wife.
NOW, THEREFORE, in consideration of the premises and of the mutual promiaes,
covenants and undertakings hereinafter set forth which is hereby acknowledged by
each of the plirties hereto, Wife and Husband, each intending to be legally bound
hereby, covenant and agree as follows:
1, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or
Husband to a limited or absolute divorce on lawful grounds if such grounds now exist
or shall hereafter exiat or to such defense as may be available to either party.
This Agreement is not intended to condone and shall not be deemed to be a condonation
on the part of eithel party hereto of any act or acts on the part of the other party
which have occasioned the disputes or unhappy differences which hsve occurred prior
to or which may occur subsequent to the date hereof, The parties intend to secure a
mutual consent, no-fault divorce pursuant to the terms of the Pennsylvania Divorce
Code, Act No. 1990 - 206.
2. EFFECT OF DIVORCE DECREE
The partiea agree that unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such time as a final decree
in divorce may be entered with respect to the parties.
3, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement may be incorporated into any
divorce decree which may be entered with respect to them.
MARK. WEIGLE AND PERKINS - Al'TORNEV!5 AT LAW - 12& EAST KINO STREET _ 5HIPPENSBURG, PA. 17:0157
.'
4. DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement ehall be defined
as the date upon which it is executed by the parties if they have each executed the
Agreement on the same date. Otherwise, the "date of executilln" or "execution date"
of this Agreement ahall be defined aa the dste of execution by the party last
executing this Agreement.
5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel, Jerry A. Weigle, Esquire, for
Melinda S. Hippensteel, and H, Anthony Adams, Esquire, for David B, Hippensteel,
III, The parties acknowledge that they have received independent legal advice from
counsel of their selection and that they fully understand the facts and have been
fully informed ae to their legal riKhts and obligations and they ecknowledKe end
accept that this Agreement 18, in the e1rcumstances, fair snd equitable and that it
l,s being entered into freely and voluntarily after having received such advice and
with such knowledge and that execution of this Agreement is not the result of any
duress or undue influence and that it is not the result of sny collusion or improper
or illegal agreement or agreements,
6, PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and
apart. They shall be free from any control, restraint, interference or authority,
direct or indirect, by the other in all respects as fully as if they were unmarried.
They may reside at such place or places as they may select. Each msy, for his or
her separate use or benefit, conduct, carryon and engage in any business,
occupation, profession or employment whtch to him or her may seem advisable. Wife
end Husband shall not molest, harass, disturb or malign each other or the respective
families of each other nor compel or attempt to compel the other to cohabit or dwell
by any means or in any manner whatsoever with him or her.
7. PERSONAL PROPERTY
Husbsnd and Wife do hereby acknowledge that with the exception of the items
specified in Paragraphs 7A, 7B and 7C, they have previously divided their tangible
personal property, including but not necessarily limited to jewelry, clothes,
furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles,
pictures, books, works of art and other personal property and hereafter Wife agrees
that all of the property in the possession of Husband shall be the sole and aeparate
property of Husband; and Husband agrees that all of the property in the pouess ion
of Wife shall be the Bole and separate property of Wife. The parties do henby
specifically waive, release, renounce and forever abandon whatever claims, if any,
he or she may have with respect to the above items which shall become the sole and
separate property of the other.
A. The following items of personal property presently located in the marital
residence shall be the sole and exclusive property of Wife or Wife's fsmily and
MARK. WEIGI..E AND PERKINS - A r rORNEY~ AT L.AW -- 10!6 EAST KINO STHI':E r !'itllfJPl:N!'lftUHO, ",A 11.1"1 I
shall be removed soley at Wife' e expense within fifteen (15) days of the execution
of this marital settlement agreement!
T.V. stand
Air Conditioner
Picnic table and chairs
Bedroom suit
Stereo
Shelving
Christmas tree skirt
Pictures and knick-knacks
Three piece living room suit (sofa, chair, loveseat)
Coffee table
Two end tables
Two lamps presently located in marital residence
Large rubber type planter, located in living room
B. Husband agrees
($250.00) dollars for
residence and belonging
to pay Wife or her family the
the refrigerator currently
to the parents of Wife,
full sum of two hundred fifty
located within the marital
C. Husband agrees to pay Wife the full sum of two hundred fifty ($250,00)
dollars for the couple's television set, presently located within the marital
residence and which is marital property, Wife agrees to pay in full any existing
indebtedness on said television set and to furnish proof of final payment within
fifteen (15) days of the execution of this agreement.
8. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they
agree as follows:
a. The 1989 Chevrolet Berreta vehicle titled in the name of Wife, shall
become the sole and exclusive property of Wife with any dobt thereon to be the sole
and exclusive responsibility of Wife.
b, The 1987 Grand Prix vehicle titled in the name of Husband shall become
the sole and exclusive property of Husband with any debt thereon to be the sole and
exclusive responsibility of Husband.
c, The titles to the said motor vehicles and any other necessary
documents shall be executed by the parties, if appropriate for effecting transfer as
herein provided, on the date of execution of this agreement and the said executed
titles shall be delivered to the proper parties on the distribution date.
9. LOAN OBLIGATIONS
a, The Sears and Montgomery Ward appliance and furniture loan obligations
incurred prior to or during the time when the parties hereto cohabited as husband
and wife, shall be the sole and exclusive responaibility of Wife.
b, The home mortgsge obligation in the names of both Hu..;'and and Wife
sholl be the sole and exclusive responsibility of Husband.
c, Huaband and Wife agree to indemnify and hold each other harmless from
sll further responsibilities and liabilities with respect to the above referenced
ob1igati~ns that each is soley assuming hereunder,
MARK. WEIGLE AND PERKINS- ATTORNEYS AT LAW _ 12l'j EAST "<INO STRf".ET StUPPEN'iRURG, PA. 174151
d. In the event that either party becomes a debtor in bankruptcy or
financial reorganization proceedings of sny kind while any obl1Rations remain to be
performed by that psrty for the benefit of the other psrty pursuant to the
pI'ovisions of thie A~reement, the debtor spouse hereby welvea, releasee and
relinquishes any right to claim any exemption (whether granted under atate or
federe1 law) to any property remaininR in the debtor as a defense to any clelm made
pursuent hereto by the creditor apouse, and the debtor spouse hereby assigna,
transfera. and conveya to the credi tor apouse any interest in all of the debtor's
exempt property sufficient to meet all obligations to the creditor spouse as set
forth herein, including sll attorney's fees and coats incurred in the enforcement of
this paragraph or any other provieion of this Agreement. No obligstion crested by
this Agreement shsll be discharged or dischsrgeable, regerdlesa of federal or atate
law to the contrsry, and each party waives sny and all right to assert that any
obligetion hereunder is discharged or d1achargeab1e, The failure of any party to
meet his or her obligations under anyone or mor.e of the peragraphe herein, with the
exception of the satisfaction of conditions precedent, shsll not in any way void or
alter the remaining obligationa of either of the parties.
10. REAL ESTATE
The psreies hereto acknowledge and agree that they are ownere by the entiretiea
of a certain home residence known as 161 Cleversburg Rosd. Shippenaburg. Southampton
Township, Cumberland County, Pennsylvania. For and in consideration of the mutual
covenant a and agreement s herein contained in the body of this instrument. Huaband
and Wife agree that said real estate shall become the sole and exclusive property of
Husband with Husband assuming sole responsibility for the payment of the current
mortgage thereon with the Orrstown Bank, Orrstown, Pennsylvania. effective with the
March, 1995, mortgage payment, Husband agrees to indemnify and hold Wife harmless
from any further responsibilities and liabilities with respect to the above
referenced mortRsge and further agrees to refinance said mortgage so as to remove
W1f.e I s name from said obligation at the earliest possible time, Husband further
agrees to pay Wife at such time as she executas a deed transferring her right. title
and interest in and to the aforesaid real estate to Husband, the full sum of five
thousand ($5,000.00) dollars. Husband shall be responsible for deed preparation and
the fees and costs associated therewith, for the 1995 County and Township taxes and
for all future real estate taxes thereon,
11. BANK ACCOUNTS
For the mutual promises and covenants contsined in this sgreement. Husband
hereby waives all right, title, claim or intarest he may have by equitable
distribution or otherwise in any and all bank accounts, checking or savings, and
each party waives against the other, any duty of accounting for disposition of eny
jointly held funds,
12. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the part ies shall hereafter own and enjoy. independently of any claim
or right of the other. all items of personal property. tangible or intanRib1e.
hereafter acquired by him or her, with full power, in him or her to dispose of the
seme as fully and effectively, in all respects and for all purpoees, as though he or
she were unmarried,
MARl<. WEIGI.E AND PERKINS ATTORNI,:VS AT LAW - llfi EAST" KING STREET _ SHIPPENSnURG, PA. 11J.~1
13. WARRANTY AS TO EXISTING OBLIGATIONS
Each party repreaents that he or she has not heretofore incurred or contracted
for sny debt or lisbility or obligation for which the IOtate of the other party may
be responsible or liable except as may be provided for in this Agr.ement, Esch
party agrees to indemnify or hold the other party harm1eas from and against any and
all such debta, liabilitiea or obligat ions of every kind which may have heretofore
been incurred by them, including those for necessities, except for the obligations
arlaing out of this Agreement,
14, WARRANTY AS TO FUTURE OBLIGATIONS
Wife and Husband each covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and keep the other indemnified from any And
all debts, charges and liabilities incurred by the other after the execution date of
this Agreement, except aa may be otherwise specifically provided for by the terms of
this Agreement and that neither of them shall hereafter incur any liability
whstsoever for which the estate of the other may be liable,
15, LEGAL FEES
Wife shall pay the cost of legal fees incurred in preparation of this marital
Bgreement and all legal fees and court costs in connection with obtaining a 330l(c)
No-Fault Divorce, Wife agrees to cooperate by executing the necessary consents and
other documents required to effectuate said divorce, as requested by Husband's
attorney,
16. MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever
dl.scharge the other and the estate of each other, for all time to come, and for all
purposes whatsoever, of and from any and all rights, title and interest, or claims
in or egainst the property (including income and gain from property hereafter
accruing) of the other or Against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at any time hereafter may have
against such other, the eetate of such other or an)' part thereof, whether arising
out of any formp.r acts, contrscts, engagements or liabilities of such other or by
way of dower, courtltsy, or claims in the nsture of dower or courtltay or widcw's or
widower's rights, family exemption or similar sllowance, 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 survivinR
spouse to participate in a decease 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 country, except, and only except, all rights and agreement a and
obligations of whatsoever nature arising or which msy arise under this Agreement or
for the breach of any provision thereof. It is the intention of Husband and Wife to
give to each other by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or nature, real, personal
or mixed, which the other now owns or may hereafter acquire, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof.
MAI,HC, WLIf.jlf. AND J'UU<IN.-. ^lfO~lljlV"'l AT lAW l~" feASI K1Nf, ")THEEr ,\ttlPPf.NSBUHG, PA_ 11:1....7
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17. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof ahall be valid unhas in
writing and signed by both parties and no wsiver of any breach hereof or default
heuunder shall be deemed .. waiver of any subsequent default, of the lIame or eimilar
nature .
18. DIVORCE
The parties hereto agree to enter into a mutual consent divorce under Section
3301(c) of the PennsylvaniG Divorce Code, Act of 1990 ~ 206, Wife agrees to pursue
the present divorce action filed to No, 94-7230 Civil, in Cumberland County,
Pennsylvania, end to be the Plaintiff therdn. Husbsnd agrees to sign the neceasary
documents, including the Affidavit of Consent, at ouch time Gfter the ninety (90)
days of the flUng of tho Complaint and further instruments that may be reasonably
required to give full force and effect to the provisions of this Agreement.
19, MUTUAL COOPERATION
Each party shall, st any time and from time to time hereafter, take any and all
steps and execute. acknowledge and deliver to the other part.y any and all future
instrumeuts and/or documents that the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this Agreement.
20,
This
wealth of
LAW OF PENNSYLVANIA APPLICABLE
Agreement shall be const rued in accordence with the laws of the
Pennsylvenia,
CODUUon-
21. AGRIlEMENT BINDING ON HEIRS
This Agreement shall be binding and ahall inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors and
assigns.
22. BREACH
If either party breaches any provIsion of this Agreemant, the other party shall
have the right, at his or her election, to sue for damages for such breach or seek
such other remedies or relief as may be available to him or her, and the party
bresching this contract shall be responsible for payment of legal fees and costs
incurred by t.he other in enforc1ng their rights under thie Agreemp.nt.
23, WAIVER OF ALIMONY AND OTHER RIGHTS
The parties hereto have been informed of their rights or hsve been advised to
seek counsel to inform them of th.dr rights under and pursuant to the Pennsylvania
Divorce Coda, Act of 1990 - 206, particularly the provisions for alimony, alimony
pendente lite, equitable di..tribution of marital property, counsel fees or expenses.
Both parties agree that this Agreement shrill conclusively provIde for the
dl.stribution of property under the said law, snd except as specifically provided for
herein, hereby waive, release and relinquish sny further rights they may
respectively have against the other for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses, except as set forth in
this Agreement, From tbe date hereof, erlch party may acquire either personal or
real property in h Ls or her own name, Any property so acquired shall be owned
solely by the individual and eball not be subject to any claim whatsoever by the
other party,
MAflK, Wf,.lnlE AND PEHKIN~ ^, IOHNf "5 ^ r LAW '111 EASY KINe, ";, Rl:oE: t 5..lIPPENSf\URG. PA 1725/
24. FINANCIAL DISCLOSURE
The partie. confirm that they have relied on the subetsntid accuracy of the
financiel di.c10sure of the other as an inducement to the execution of thiB Agree-
ment,
25. ENTIRE AGREEMENT
This Agreement constitutell the entire underatanding of the partie. and super-
sed.. any and all prior agreement a llnd negoliat iona between them, There au no
repreaentations or warrantias other than those expressly set forth herein.
26. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect un1eas and until
terminated under and purauant to the terms of this Agreement. The failure of either
party to insist upon strict performanca of any of tha providons of thia Agreem'lnt
shall in no way affect ths right of auch perty hereafter to enforce the same, 1I0r
shall the waiver of allY breach of any provision hereof be construed as a waiver of
a.,y subsequent default of the same or similar nature, nor shall it be conatrued as a
waiver of strict performance of any other ob1igationa herein,
27, SEVERABILITY
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 proviBion 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 except ion of the
satisfaction of the conditions precedent, shall in no wsy avoid or alter the
remaining obligations of the parties.
28, HEADINGS NOT PART OF AGREEMENT
Any head ings preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall not constitute a
part of this Agreement nor shall they affect its meaning, construction or effect.
29. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, that it is being entered into voluntarily,
and that it i8 not the result of any duress or undue influence.
IN WITNESS WHEREOF', the parties hereto have set their hands and Beals the day
and year firat above written.
WITNESS:
Yr J r
\~t}u.~lttLta .j 1// ('/If//..,71a~{1
Melinda S. Hippensteel '
{Jr>, .;,f f3 ,~~_::f:. f:m:-
David B, Hippen eel, III
MARl<, WEIGLE ANO Pl:RKINS ATTORNEVS AT LAW IJ6 EAST KING STREET - S~UPPEN5nUH(j, PA 11,J~.1
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6. Plaintiff h.. been advised that counnling is evailab1e and that Plaintiff I118Y
have the right to requBllt that the court require the parti.. to pnticipate in
counseling.
7. The marriage is irretrieveb1y broken.
8. The parties hav!! lived eeparate and apart sincl November 28, 1994.
9. The Plaintiff requests the court to enter a decree of divorce.
COUNT II INDIGNITIES GROUNDS FOR DIVORCE
10. Paragraphe 1 through 9 of this Complaint are incorporatad hersin by reference as
though set forth ill full.
11. Defendant has offered to the person of the Plaintiff, Plaintiff being the
innocent and injured spoutle, such indignities aa to render Plaintiff's condition
intolerable and Plaintiff's life burdensome.
COUNT III EQUITABLE DISTRIBUTION
12. Paragraph a 10 and 11 of this Complaint are incorporated herein by referenca as
though set forth in full.
13, Plaintiff and Defendant have legally and beneficially acquired property, both
real and personal, during their marriage from December 10, 1993, until Ncvember 28,
1994, the date of their separstion, all of which property is "marital property".
14. Plaintiff and/or Defendant have acquired. prior to the marriage or subeequent
thereto, "non-marital property" which hae increased in value since the date of the
marriage and/or subaequent to ita acquisition during the msrriage, which incresse in
value is marital property.
15. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property to the date of the filing of this Complaint.
MARK. WEIClU: AND PERKINS ATroffNEY~ Al lAW In, f_Asr KINO STHrEI SHIPPJN'SnURG, ,~^ '-'257
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IN THE COURT OF COMMON PLEAS OF
CUHBLERLAND COUNTY
STATE OF PENNSYLVANIA
CIVIL ACTION ~ LAW
NO. 94-7230 CIVIL
ACTION IN DIVORCE
MEL INDA S. HIPPENS'rEEL,
Plaintiff ,
DAVID B. HIPPENSTEEL, III,
Defendant
NOTICE OF ELECTION TO RETAKE FORMER NAME
-
granted a Final
~
Decree in divorce from the bonda of matrimony on
matter, having
;l'.Jlt
the h day of
been
Notice is hereby given that the Plaintiff in the above
. 1995, hereby elects to retake and hereafter use her previous name of
Melinde S, Pe1per.
To Be Known As I
'"
Me1 Hippenateel:
~ ~, p~I'f\nll
Melinda S. Paiper ~.JJU
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this. the l~ay of
c~
. 1995, before me, a Notary Public
in and for said County and State, the undersigned officer, personally appeared
MELINDA S, HIPPENSTEEL, to be known as MELINDA S, PEIPER, known to me (or
satisfactorily proven) to be the person whoae name is subacribed to the within
instrument, and acknowledged that she executed the seme for the purposea therein
contained,
IN WITNESS WHEREOF, I hereunto set my hsnd and official seal.
MIAl
JIny A. WIfgIe, NalIIy PuIlIc
~. J 111:1. PA CUmlIe.llood ,.~......
Com."II']II~ 31'7.
Cr
_(StALl
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MAJlK WEI(;I.t-~ ANO Pl-HKIN". Arl(JI~Nf.Y'1 Ar lAW 1,16 fAST KINCi STREEr - !)t!IPPENSBURO, PA '7;Z~7