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HomeMy WebLinkAbout95-01392 \I) ~ J -I t '~ -'~:..:{} -,"; ?t~: . ;~:~t: .'t~; ';;~/; , '~'i' ~(~: ,jj~; '\w. ,~ ..:i; :--!. ~ 'H' i';' .;j~ -t '~;5 i~ ~ J . :,j ,','r >- - <0 ~ . . . .~*~~~~~-~-~~-*---***)~'-;.~_._*-~-~ ~ -..-..- '- --.....~_."-------......-----.-.....------ -- _.---~ >>.' ',', I"f , , ~i ':'1 ~ ','\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~~ i't.J~ PENNA. "'\"~: s s s ;i '.' ~I ',' STATE OF ~ * DEBORAH K. HqDGES, Plaintiff N ll. .....P~?........,' c:~y'g....... 19 95 ~ ',' s ~, Ve)':;;u:-; ~ ROBERl' J. HANKES, ~ Defendant ~ ',' ~! .. ~ ~i .. ~l .. DECREE IN DIVORCE ~ -. w '.' AND NOW, . .. .. , , . , . :7'!1.<+-" , .~/ :', .. '. 19 ,,!,~.. '. it is ordered and decreed that, . . .. . , . ,. . , , p~~~ .~'. .~q~~~,. , . . . ., , ,. , . ,. , ", plaintiff, and, , . , , , , . . , . . . , , . , , . , , , ,~~~. ~.', ~~. . , . . , , , , . , , , , , . , '. defendant, are divorced from the bor,ds 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; * ~ '.' ~ , , . , :Ii1~, ~pp:rp,t:ipn ;mcl, Prp~r,ty, Se.t,t1arent, Agrearent. dated. May. 16", 1996". . , .1,s. at,taph~p, r~,r!?,tp apd, .is, !1!?:repy, :i-!1P9:rw:rfl,t~d. ,ip,tp, .thi,s, ~:r~~,., , . . , . . , , , , . *- '.' w '.' , ~ " /ly ~The Court;/ , .4 i.I- A".'~",,,<< E' t~ /k7,?,-S' , ~4Y~ K ~&, ,(.~4 ,j' "Protf'ionolnry ~ .', ~ ~ ~ ~I 7/ ~i 7'.. . ",:.;. .:.t:. .:+:. .~*~~****~..~~*~.~.~.~~.~..~~. M " ~ '.' ~ $ $ ~ ',' " '.' s ,'. ~ * ~ '.' ~ ',' ~ '.' ~ '.' ~ !.' ~ '.' ~ ~.' ~ ',' ~ " S ~ ~.' * ~ '.' * ~ ~ ',' t ~ l"" )~ ;':' ~~ I~ I~ r~ , . j~ , ' ~ . :~ i~ '!; -:+:. h . THIS AGREEMENT, made this jW/f day of , 1996, by and between ROBERT J. HANKES, hcreinafter "Husband" a DEBORAH K. HODGES, hcrcinaftcr "Wife". WITNESSETH: WHEREAS, thc partics hcreto arc husband and wife who were married on Octobcr 9, 1982 and who havc bccn scparated sincc October 8, 1993; and WHEREAS, the parties are the parents of onc (1) minor child, Bethany H. V. Hankes, born December 23, 1985; and WHEREAS, thc parties have agreed to a custody arrangement which they believe to' be in the best intercst of their daughter by Stipulation dated November 29, 1993, entered as an Order of Court on December 6, 1993 in proceedings to No. 3303 Civil 1993 in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, thc parties acknowledge that an action for divorce between them has been filed by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, Hodgc$ v. lIankf!$, No. 95.1392, In Divorce; and 1 WHEREAS, it is the desire of the parties, after long and careful consideration, to adjust amicably, compromise and seule all property rights in, to or against each other's property or Estate including all property heretofore or subsequently acquired by either party. and to seule all disputes existing between them, including any and all claims for equitable distribution of marital property and for spousal maintenance and/or support, alimony, counsel fees and costs; and WHEREAS, thc parties also desire to fix their respective financial obligations for support of their daughter, undcrstanding, however, that obligations regarding child support, like rights regarding child custody, arc always subject to change based upon a change of circumstances; and WHEREAS, Husband and Wife are rcpresented by legal counsel who have advised him and her of their respective rights, privileges, duties and obligations relative to their property rights and interests, relative to alimony and spousal support, and relative to child support; and WHEREAS, each party is fully familiar with the marital property and both parties now desire to seule and detemline his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and maintenance and related economic claims. 2 NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do covenant and agree as follows: 1. It shaH be lawful for each party at all times hereafter to live separate and apart from the othcr at such place or places as he or she may from limc to time choose or decm fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other, nor compel the other to cohabit with him or her, nor in any way interfere with the peaceful existence, separate and apart, of the other. 2. This Agreement and all warranties and representations herein shall survive any divorce proceedings which may be instituted or Divorce Decree which may be entered and shall continue to bc enforceable in accordance with its temls. Except as othenvise set forth herein, and as to the issues of child support and child custody, no Court may change the terms of this Agreement, and it shall be binding and conclusive upon the parties as though entered as in a final Order of Court resolving all economic issues between the parties in a divorce action. An action may be brought at law, in equity, or pursuant to the provisions of the Divorce Code to enforce this Agreemcnt by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after thc datc of this Agreement, this Agreement shall remain in full force and effect in the abscnce of a writtcn Agrecment signed by the parties cxprcssly stating that this Agrccmcnt hos been rcvoked or modified. No Court may 3 change the tenns of this Agreement, except as muy herein otherwise be expressly provided. 3. The parties have divided between them to their mutual satisfaction, their personal effects, household fumiture and fumishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common, and neither party will make a claim to any such items which are now in the possession or under the control of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names to the party now in possession and owning such property. The parties acknowledge that they have each refinanced in her or his nome alune the remaining obligations owed on their respective automobiles, and hove paid the remaining balance of the current louns on which the other was also obligated. 4,. Except as otherwise provided herein, the purties hove divided between them to their mutual satisfaction ull intangible personal property consisting of cush, bunk accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. Except as hereinufter otherwise agreed, the parties hereby agree that ull such inlangible property presently in the possession of or titled in the nome of the Husbund sholl be his sole and sepurate property, and thut in thc posscssion of or titled in the name of the Wife sholl be her sole and separate property. Euch purty wuives any right to claim ownership of, or uny beneficiul interest in, any pension/prufit shnrinwretirementuceounts or life insurance 4 . policies of the other, vested or contingent, each party to retain full ownership of such rights as his and her sole and separate property. 5. Wife shull transfer und ussign to Husbund the sum of TWENTY THOUSAND DOLLARS ($20,000) out of her TlAA-CREF retirement annuities. The parties shall obtain the distribution of the sum of 520,000 from Wife's annuities by a Qualified Domestic Relations Order to be entered by the court upon assistance of a final Divorce Decree, a copy of which is proposed und aUuched hereto, made a purt hereof and marked Exhibit "A". Husband agrees to name Bethany as sole beneficiary of his interest in the TIAA- CREF annuities in the event of his death and will not revoke such nomination except upon the written agreement of Wife or Bethany, subsequent to her 21st birthday. 6. The Husband and Wife shall divide between them the remaining marital obligations, as follows: a. The Husband shall be solely und individually responsible for the payment of the following obligations: i. Payment of the entire remaining balance (approximately $3,400, at date of separation) due and owing to the InteMlal Revenue Service for pMt due income tax, interest and/or penalties based upon u deficicncy assessment by the InteMlul Revenue Service on the parties' 1990 income lux retuMl. Notwithstunding Husbund's obligution, Wife waives uny c1uim uguinst Husband for reimbursement of her individual 1993 federal income tux refund seized by IRS on account of the suid deficiencies ussessment. 5 ii. Payment of the entire remaining balance (approximately 810,500, at date of separation) due and owing to the Student Loan Service Center for a student loan borrowed by the Husband to pursue his grnduate education. b. The Wife shall be solely and individually responsiblc for payment of the following obligations due and owing as of the date of separation of the parties: i. The entire remaining balance (approximately 8445 at date of separation) due and owing 10 Wachovill. ii. The entire remaining balllnce (approximately 8850 at date of sepllration) due and owing to Apple Credit. iii. The entire remllining balance (approximately 52,500 lit date of separation) due and owing to Mellon Bank on the Mastercard account, of the parties. iv. The entire remaining balance (approximately 81,500 at date of separation) due and owing to John Oszustowicz. The parties further agree that all obligations owed to John Oszustowicz for services rendered since the separation of the parties were and arc to continue to be incurred as the sole obligation of the Wife. The Husband shall advise John Oszustowicz in writing that the currcnt arrnngements are solely for the benefit of the Wife, and thut the Husband will incur no obligation by virtue of the support arrangement hereinafter set forth. 7. Each party agrees to indemnify and save and hold each other hannless for a liability upon the respective obligutions hereby assumed by each party in uccordance with the tenns and conditions hereinafter set forth in Parngrnphs 8 and 9 of this Agreement. 6 8. Except lIS hercin otherwise provided, each party represents that she and he have not heretofore incurrcd or contracted any debt or liability or obligation for which the other may bc held responsible or Iiablc. Each party agrees to indemnify and savc and hold harmlcss the other from and against all such debts, liabilities or obligations of every kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 9. Both partics covenant, warrant, represent and agree that each will now, and at all times hereaftcr, save and keep the other indemnified against all debts, charges and liabilities incurred by the other as a part of this agreement and after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recovcr out-of-pocket expenses and reasonable attorney fccs actually incurred. 10. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code, and each party irrcvocably waives, rei cases, and rcmits any claim to owncrship or or interest in any property designated as thc property of the other by virtue of the provisions of this 7 Agreement, except as may otherwise be provided pursuant to the provisions of this Agreement. 11. Husband does hereby release, remise, quilclaim and forcver discharge the Wife and the estate of the Wife from any and all claims he now has, evcr llIay have, or can at anytime have, against the Wife or hcr cstate of allY part thereof, whether arising out of formal contracts, cngagcmcnts or Iiabililies of the Wifc, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Wife's will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 12. Wife does hereby release, remise, quilclaim and forever discharge the Husband and tile estate of the Husband from any and all claims she now has, ever may have, or can at anytime have, against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or Iiabililies of the Husband, arising by way of the widow's right or under the Intcstate Law, arising by any right to take against the Husband's will, arising under the Divorce Code, Act No. 26 of 1980, us amended, including alimony, alimony pendente Iitc, counsel fees and expenses, arising as a right to spousal support or arising by any naturc whatsoever, excepting only those rights accordcd to the Wife under this Agreement. 8 13. The parties aeknowledge that Husband pays child support to the Wife through the Domestic Relations Section of the Court of Common Pleas of Cumberland County. Both parties agree and understand that a fair amount of child support (including child care and medical expenses) payable under Pennsylvania Law is subject to change based upon a change of circumstances relative to the needs of the child and/or the earning capacities or the parties. Should the parties at anytime in the future be unable to agree upon what constitutes a fair amount of child support, the maller shall be referred to the Cumberland County Domestic Relations Office for modification or the Order, or to such other Court os the parties may jointly agree. The parties acknowledge that Wife is currently insured for health, hospital and dental costs under coverage provided withollt cost by Husband's employer. It is further acknowledged that upon the entry of II divorce decree between them Wire shall no longer be entitled to health and hospital benefits withollt cost through Husband's employer, but that sueh benefits may be obtained upon the payment of a premium under the terms of COBRA. Husband hereby agrees to pay for such health and hospitul coverage premiums for Defendant for such period that the COBRA benefits arc available, or for the period until Wife shall obtain employment providing her with equivalent coverage at no expense, whichever period shall be shorter. 9 . , In the event that Husband is unable to pay directly the COBRA premiums for such benefits he shall rcimburse Wifc for the cost incurrcd by her to obtain such covcrage through Husband's employer. In the evcnt that cquivalcnt covcragc for hcalth and hospital bcncfihl sholl bc providcd or offcrcd to Wifc by rcason of cmployment prior to the final resolution of thc Pllrties' economic claims, Wife agrecs to cooperate with Husband to enable his fulfillment or his obligation under this paragraph at a reduced cost or no cost under such altemate mcans as may be available and suitllble to Wife. The partics IIgrce that Husband's paymcnt for such health and hospital insurance payments shall not constitute alimony for fedcral income tax purposcs and shall not be reportable ns incomc by Wirc nor deductible for tax purposes by Husband. 14. The parties hereto acknowledge and agrec that it is their hope and expectation that their daughtcr, Bethany, will pursuc a post high school education. They both agree to make financial contributions to this education. Husband's obligation shall at minimum be one-half the cost of an undcrgradulllc cducation (to include tuition, fees, and room and board) at Shippensburg University at the time thc obligation is incurred. 15. Husband agrees to continue to provide dental care benefits for Bcthany through his employer. Each party shall continue to provide such medical, dental and other health core benefils for Bethany and for cach othcr os arc fully paid for by the partics' respectivc employers. Any party incurring an out-of-pocket cxpense for medical, dcntal or other core for himself/herself or for Bethany shall be Ihc party entitlcd to 10 receive the insurance reimbursement. In the future, if Husband is unable to obtain medical or dental coverage for Bethany through his employer, Husband's obligution to cOlllinue to provide medical or dental insurancc for Bethany shalltenninate, so long as Wife is able to provide it free of charge. Should both parties bc unable to provide insurance for Bethany without paymcnt of some sum, the parties shall obtain and maintain appropriate coverage through whichcver employcr contributes thc greater amount to such coverage, in which event, the medical and dental insurance premiums for Bethany shall be divided equally between the parties, and each party shall be responsible for payment of his or her own individual medical and dental insurance. 16. The parties agree that Wife has purchased und does own a life insurance policy on the life of Husband, in an amount up to FIVE HUNDRED THOUSAND DOLLARS (8500,000), obtained by her, at hcr expense, to enable her to provide for the support and maintenance of the daughter of the parties, and othenvise, in the event of the deuth of Husband. 17. In the event that either party breaches any provision of this Agreement or fails to timely penonn his or her obligation under this Agreement, she or he shall be responsible for uny and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall huve the right, at her or his election, to sue for dumages for such breach or to seek such other und additional remedies as may be availuble to her or him. 11 If either party to this Agreement resorts to a lawsuit or other legal action pursuant II " i to the provisions of the Divorce Code, or otherwise, to enforce the provisions of thill Agreement, the successful purty shall be entitled to recover hill or her reasonuble counsel i !' f \ k fees, actually incurred, from the other as a part of the judgment entered in such legul action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise, as the same shall be determined by the Court. Notwithstanding the foregoing, neither party shull be liable for the other's attomey feell incurred in any child custody action or in any child support action instituted to establish the rights and obligations with respect to custody of or support for their minor child as set forth herein, or subsequent to the estublishment of such rights, to modify or change such rights. 18. Husband agrees to pay Wife for all her legal fees and costs incurred on or after April 15, 1996, in connection with the finalization of this Separation und Property Settlement Agreement and thc divorce action between the parties. Such payment shall be made by Husband on or before the execution of this Agreement and such other papers as may be related to the entry of a final divorce decrce between the parties. This payment shall be in addition to a payment of 550.00 made by Husband to Wire toward the filing fee for said divorce action. Except as otherwise provided in the above paragraph, the Pllrties shall be individually responsible for all eounllel fees or costs incurred by them in connection with the prepllration of this Agreement or the divorce of the parties. 12 19. The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 20. In the event that either Wife or Husband at any time hereafter obtain a divorce in any action for divorce brought between them, this Agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgmcnt for divorce, shall retain the right to enforce the provisions and the terms of the Agreement 21. The parties acknowledge that Wife has filed a divorce complaint against Husband in the Court of Common Pleas of Cumberland County, Pennsylvania, to the caption of Hodgesv. Ilankes, No. 95-1392, 1995, In Divorce, on the grounds of irretrievable breakdown of their marriage. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marriage counselling, and that they consent to the entry of a decree in divorce pursuant to Section 3301 (c) of the Pennsylvania Divorce Code, Act No. 26 of 1980, as amended. The parties hereby agree to execute contemporaneously with the cxecution of this Agreement the Affidavit of consents and other documents as may be necessary to obtain a Divorce Decree. Wife's counsel shall be responsible for filing the necessary documenlS in ordcr to finalize the divorce. Wife shall obtain a certified copy of the final Divorce Decree for Husband. Upon execution of this Agreement Husband shull deliver the sum of 89.00 to wife's counsel to cover that cost of the certified copy of the final divorce decree. Upon receipt of the final Decree, Wifc's counsel will forwurd sume to Husband's counsel. 13 22. The parties do hereby warrant, represent and declare, and do acknowledge and agree, that each is Ilnd hils been fully and completely infonned of and is familiar with Ilnd is cognizant of the wealth, real and/or personal property, estate and assets, carnings and incomc of the other, and that each has made II full and complcte disclosurc to the other of his and her entirc assets and liabilities and any furthcr cnumeration or statement thereof in this Agreement is specifically waived. 23. This Agreemcnt constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 24. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 25. Husband and Wifc acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 14 . '. . COMMONWEALTH OF PENNSYLVANIA I ISS COUNTY OF CUMBERLAND On this, the kiSfJay of , 1996, before me, the undel'lligned orricer, personally appeared ROBERT . HANKES, known to me (or satisfactorily proven) to be the pel'llon whose name is subscribed to the within instrument, and acknowledged that he executed the sallie for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and orricial seal. COMMONWEALTH OF PENNSYLVANIA I ISS NOTARI l VIRGIIIIA M MAS V NOTARY PUBUC CARLISLE OORO C ABERlANO CO, PA My COMMISSION EXPIRES NOVEMBER, I, 11197 COUNTY OF CUMBERLAND On this, the ~day of , 1996, before me, the undel'lligned orricer, personally appeared DEBO K. HODGES, known to me (or satisfactorily proven) to be the pel'llon whose name is subscribed to the within instrument. and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and orricial seal. ~/J! ~ [SEAL] ...---- f;OT;1fiJ.1l SEAL w,r:::"" '.' :'.SSEY NOTARV PUllI.lC r.ARI",rE <JOhO CUMGEnlAl1D CO PA lAY COMM:SSION EXPIRES IIOVEM8ER, I. 1997 16 . ".,..... .. 5. To accommodate the marital/community property distribution between the partie a IT IS ORDERED, AND ADJUDICATED AND DECREED AS FOLLOWS: a. That the TIM.CREF annuitiea previously referenced are marital property. b. That subject to the finalization of the divorce and the execution of the documenta required by TIM.CREF and the terms of said annuitiea, the following portions ahall be awarded to the alternate payee aa sole and exclusive property to be applied to TIM-CREF annuities subject to the terms and Iimitationa of aaid annuities: The share of Accumulation having value of TWENTY THOUSAND ($20,000) DOLLARS aa of the date of this Order under TIM Contract No. B 276832.9. The values actually transferred will reflect interim interest and dividend earnings in TIM and investment experience in CREF until the transfer is recorded by TIM.CREF. All ownerahip righta in the newly issued annuities will belong to ROBERT J. HANKES. c. The parties are directed to timely submit to TIM-CREF all documents, including Releases that are required to finalize this order. 6. This Order: a. Does not require any Plan to provide any type of form of benefit, or any option, not otherwise provided under the Plan, and b. Doea not require TIM-CREF to provide increaaed benefits and c. Does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. 7. This Court reserves jurisdiction to issue further orders aa needed to execute this order. J. . . .,. ,", . ( , ., '. , , " ." ...-' C ~ '~1 , -. , -, ":;:1 !',~ -~ ,!,..) >':l '. ..: ~. - ,. :~ -.n' o. c> , ....;,;, r: , ~ ( (T\ " <I "T, -- . :' [Ii.. :",' : 11 , ;rl ~~: -' () r" .:,; r;~) :,; . .'J t._", r- ~ , :?) - . . i;,:' 5 in I \0 ~~:J , " DEBORAH K. HODGES, PLAINTIFF -va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION. DIVORCE NO. q5-/3q2 ~ T~ ROBERT J. HANKES, DEFENDANT NOTICE TO DEFEND AND CLAIM RIGHTS You have been aued in court. If you wish to defend against the claima aet forth in the following pagea, you muat take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in theae papers by the plaintiff. You may lose money or property or other right a important to you, including cuatody or visitation of your children. When the ground for the divorce ia indignities or irretrievable breakdown of the marriage, you may requeat marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennaylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 ADMINIS'l'RATOR, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-6200 I verify that the atatementa made in thia Complaint are true nnd correct. I underatnnd that false statements herein are made aubject to the penal tie a of 18 Pa.C.S. ~4904, relating to unaworn falsification to authoritiea. Q;}M~~~j ) EBORAH K. HODGE ? j'r-), cY/J'9:?6' ~; -.I o g: "'OX ~~ rtll~' " .Z'",r'r" ~~~; :~t: '..~OX'.1 ';O~~~ ~--,":l-.O ~-.; i:~ (,,~ 1" .'-;.. .....:r ~...., ::w:: - "" N to' .... ~ :J: - CoD U"1 DEBORAH K. HODGES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-1392 CIVIL TERM : CIVIL - ACTION : IN DIVORCE V. ROBERT J. HANKES, Defendant AFFIDA V1T OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code waa med on March 17,1995. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I specifically acknowledge that a full and final aettlement of all property and other righta of the parties haa been entered between the Plaintiff and Defendant by a settlement agreement dated May 16, 1996. I verify that the statements made in this affidavit are true and correct. I underatand that false atatementa herein are made aubject to the penaltiea of 18 Pa.C.S. ~ 4904 relating to unsworn falaification to authorities. Date: ?;J /1 fr-:[ II L. !,o'('/?// .-?j/l ROBERTJ.HANKES V. ROBERT J. HANKES, Defendant : T OF COMMON PL : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-1392 CIVIL TERM : CML - ACTION : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ SSOI(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divoree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer'a feea 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 ia med with the prothonotary. I verify that the atatementa made in thia affidavit are true and correct. I underatand that false statements herein are made aubject to the penal tie a of 18 Pa.C.S. i 4'04,.wing to un.~m ''''''mUon to an~. ~. .._ Date: 4Jh/96 ~T ~ ORAH K. HODGES C' :~l () ~.~: c;) ~ri ::.., ..1 ,ra;'f ~.:::. , -,.... -;;~ , - ';""1 r.; -J -...'J r::'; -, .~":-') ., -1'1 , .. " " , ::r:! - ~ (. , - ~, 'jfii '- , :-:! .::.-, ~, 1.0 ....;: r' , - ,.., " l' " I "'.-1 cL n' ::J ..: .. , ,. :~l I , -" ::-J -, r' , ,:'l, :.:~ - " ! ::J , .' , " ~, . r~' , f"-I . -I '0 :-~I -- . DEBORAH K. HODGES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 95.1892 CIVIL TERM ROBERT J. HANKES Defendant : IN DIVORCE . . PETITION FOR RULE TO SHOW CAUSE AND FOR ENFORCEMENT OF DECREE IN DIVORCE NOW COMES DEBORAH K. HODGES, Plaintiff, by counsel, JACOBSEN & MILKES, Andrea C. Jacobaen, Esq., and petitions this Court for A Rule to Show Cauae and for Enforcement of the Decree In Divorce entered in thia matter on May 21, 1996, and the Separation and Property Settlement Agreement of the partiea dated May 16, 1996, (Agreement) incorporated into the aaid Decree and avera in support hereof as follows: 1. Petitioner, Deborah K. Hodges, ia the Plaintiff in the above-captioned action, and resides in Cumberland County at 20 Bentley Place, Carliale, PA 17018. 2. Reapondent, Robert J. Hankes, ia the Defendant in the above-captioned action, and resides in Cumberland County at 600 North Baltimore Ave., Apt. C, Mount Holly Springs, PA 17065. 3. On May 21, 1996, this Court isaued a Decree In Divorce, a copy of which is attached hereto and made a part hereof as Exhibit 1. The Decree divorced the parties and incorporated into the Decree the terma and proviaions of the Separation and Property Settlement Agreement dated May 16, 1996, n copy of which is attached hereto and made a part hereof aa Exhibit 2. 4. The Agreement, inter alia, provided for diaposition of marital aasets and indebtedneas of the parties, and imposed certain obligationa upon the Defendant for payment of a share of certain legal feea incurred by Plaintiff, and for payment of certain poat-divorce health inaurance costs of Plaintiff. In particular, Paragraph 13 of the Agreement makes Defendant reaponaible to pay the coats of continuing health and hospital coverage of Plaintiff after the divorce until such time aa she ia able to obtain coverage through her own employer. 5. Paragraph 13 of the Agreement provides in pertinent part: The parties acknowledge that Wife is currently insured for health, hospital and dental costs under coverage provided without coat by Husband'a employer. It is further acknowledged that upon the entry of a divorce decree between them, Wife shall no longer be entitled to health and hospital benefita without cost through Husband'a employer, but that such benefita may be obtained upon the payment of a premium under the terms of COBRA. Husband hereby agreea to pay for such health and hoapital coverage premiuma for Defendant for auch period that the COBRA benefits are available, or for the period until Wife shall obtain employment providing her with equivalent coverage at no expense, whichever period shall be shorter. In the event that Husband is unable to pay directly the COBRA premiums for such benefits, he shall reimburse Wife for the cost incurred by her to obtain auch coverage through Husband'a employer. In the event that equivalent coverage for health and hospital benefits ahall be provided or offered to Wife by reaaon of employment prior to the final reaolution of the partiea' economic claima, Wife agrees to cooperate with Huaband to enable his fulfillment of his obligation under this pnragraph at a reduced cost or no coat under auch alternate meana aa may be available and suitable to Wife. 6. Plaintiff haa reminded Defendant of his obligation to reimburae her for the COBRA paymenta due her for health and hospital benefits since the divorce, but Defendant haa consiatently refuaed to make the requested payments. He haa made no payments for the montha of July, August. and September 1996, and haa adviaed Plaintiff that he haa no intention of making future paymenta in aceordance with the Agreement. 7. The amount of the payment ia $117.54 per month. To date, the unpaid balance ia $352.62 payable for the July, Auguat. and September payments. Plaintiff haa made these paymenta at her own expense in order to aaaure the uninterrupted continuation of her health insurance coverage. 8. The Defendant's refuaal to make payment for the health inaurance coverage conatitutea a breach of hia obligation under the Sepnration and Property Settlement Agreement. 9. Pnragraph 18 of the Agreement provides in pertinent part: Husband agrees to pay Wife for all her legal feea and coata incurred on or after April 15, 1996, in connection with the finalization of thia Sepnration and Property Settlement Agreement and the divorce action between the partiea. Such payment shall be made by Husband on or before the execution of this Agreement and such other papers aa may be related to the entry of a final divorce decree between the parties. Thia payment ahall be in addition to a payment of $50.00 made by Husband to Wife toward the filing fee for said divorce action. Except aa otherwise provided in the above paragraph, the parties shall be individually responsible for all counsel fees or costa incurred by them in eonnection with the preparation of thia Agreement or the divorce of the partiES. 10. Defendant haa failed to make timely payment to Plaintiff for hia share of the legal fees incurred by Plaintiff in connection with the finalization of the Agreement and the entry of the finai divorce decree between the parties. Plaintiff has demanded payment from Defendant in the amount of $110.00 for his share of the aaid legal feea. Defendant haa refused to make payment of the aum due to Plaintiff. 11. The Defendant's refusal to make payment for his share of the legal fees aa required by Paragraph 18 of the Agreement, constitutea a breach of his obligation under the Separation and Property Settlement Agreement. 12. Paragraph 17 of the Agreement provides in pertinent part: In the event that either party breaches any provision of thia Agreement or fails to timely perform his or her obligation under thia Agreement, she or he shall be reaponsible for any and all coats incurred to enforce the Agreement, including, but not limited to, court costs and counsel feea of the other party. In the event of breach, the other party shall have the right, at her or hia election, to sue for damages for such breach or to aeek auch other and additional remediea aa may be available to her or him. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code, or otherwise, to enforce the proviaions of this Agreement, the auceessful party shall be entitled to reeover his or her reaaonable counsel fees, actually incurred, from the other aa a part of the judgment entered in sueh legal action, whether in law, in equity, purauant to the provisions of the Divorce Code or otherwise, aa the same ahall be determined by the Court. 18. At the time of the Agreement of the parties, Plaintiff waa beginning a new job and knew that she would be without health insurance coverage from her new employer. Becauae of a new relationahip, Defendant waa desirous of finalizing the divorce action aa aoon aa possible, and Plaintiff agreed to accommodate hia wiah, upon hia agreement to aasure that the health inaurance coverage Plaintiff enjoyed under Defendant's family plan would continue without expense to herself. Plaintiff agreed to the Defendant's plea to promptly finalize the divorce action by mutual conaent in reliance upon Defendant'a promise to provide insurance. 14. Plaintiff haa repeatedly made demand upon the Defendant for hia compliance with the terma of the Separation and Property Settlement Agreement, directly and through eounsel. See letter of counael to Mr. Hankea, dated August 6, 1996, a copy of which ia attached hereto and made a part hereof aa Exhibit 8. 15. Defendant haa advised the Plaintiff that he haa no intention of complying with the demanda. He haa denied any responsibility for the payments demanded, and haa refused to make any payment to Plaintiff. 16. Plaintiff haa incurred and ia incurring certain costs and attorney's fees related to the breach by Defendant of hia obligationa under the Separation and Property Settlement Agreement and the filing of this Petition seeking enforcement of the Decree In Divorce. WHEREFORE, Plaintiff Deborah K. Hodges requeats this Court to issue a Rule upon the Defendant, Robert J. Hankes, to ahow cause, if any he haa, why the Decree In Divorce incorporating the parties' agreement ahould not be enforced, and the Defendant held in contempt for his failure to pay the insurance coats and his ahare of legal feea, aa provided for by the Agreement, and FURTHER, to show cause, if any he haa, why Defendant should not be ordered to reimburae the costa of health and hospital inaurance of Plaintiff paid to date, and to pay the future coata of the health inaurance to Petitioner through the Domestic Relations Section of thia Court, and FURTHER, to show cause, if any he haa, why Defendant should not be ordered to reimburse Plaintiff for court costa and counsel feea incurred by Plaintiff aa a reault of Defendant'a breach of his obligation under the Separation and Property Settlement Agreement. Respectfully aubmitted, BY: Andrea Jac aen, Esq. JACOBSEN & MILKES 62 Eaat High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20962 I hereby verifY that the statementa made in the foregoing are true and correct. I underatand that falae statementa herein are made subject to the penalties , !. !. i ~ of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I: I' Dated: ~1f't~b IdR'Jhr~&:~ (DiBORAH K. OD ES II V ~ ~ }' " ,,:' 0 C- O"' :..... -Il .." ; ~:'. ." ::-.:1 [.'1i< . ..., Z.' -'J ;','if] z( I -r,'" (fl" - :".0 2; Ci6 ..-" -~ '1;c ~j"J :.;: ~~ ..,. t;.~l- <'.,"(J., ". ~. ~ "" om .' .. ~ ';1 :.....) ~J -. ,,, '< ~ o ~ &.. ll' CJ ~\.J . ~ H K. HODGES Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 95.1392 CIVIL TERM v. ROBERT J. HANKES Defendant I I IN DIVORCE CERTIFICATE OF SERVICF, I, Jennifer L. Coyle, hereby certify that a true and correct copy of the Petition for Rule to Show Cause and for Enforcemnt of Decree in Divorce in the above captioned mailer was duly served upon the defendant, Robert J. Hankes, by depositing it in the U.S. Mail, on September 13, 1996, addressed as follow>!: Robert J. Hankes 600 North Baltimore Avenue Apt. C Mount Holly Sprinl9l, PA 17065 I hereby verify that the statement>! made in the forcgoing are true and correct. I undel'>ltand thaI fal>!e statements hercin are made subject to the penaltie>! of 18 Pa.C.S. Section 4904, relating to unswom fal>!ification to authorities. Dated: q I G/q CO \ DEBORAH K. HODGES, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT J. HANKES, Defendant 95-1392 CIVIL TERM IN RE: PETITION TO ENFORCE A PORTION OF A SETI1.EMENT AGREEMENT ORDER AND NOW,this Z 11..... day of Octobcr, 1996, hearing in the above captioned matter set for October 10, 1996, is continued to Monday, November 25,1996, at 9:00 a,m. in Courtroom Numbcr 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Andrea Jacobsen, Esquirc . For the Plaintiff "}Ufti..ci.. ,....<4.~t . /0/.3/'16 Samucl LAndes, Esqulrc I ~~ For thc Defendant :rlm '."., ~'r.I1"'>\,.t("\""-'_.r "',",) i:/ :'i -oJ iJ,.j.i.l_ \.., ;;;E;.{).~_ . j v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-1392 CML TERM ~ ' I, !, DEBORAH K. HODGES Plaintiff ROBERTJ.HANKES Defendant : IN DIVORCE ORDER OF COURT AND NOW, this t,'f' day of ~ , 1996, upon presentation and I I i , l consideration of the Stipulation for Enforcement of Decree in Divorce of the partie a, it ia HEREBY ORDERED AND DECREED that the terms of the Stipulation attached hereto and executed by the parties on :bu-4<- $', I r,1. shall , be and are hereby declared to be an Order of Court, and the Domeatic Relations Section of this Court ia directed to eatablish an ac.::ount for the collection of the directed payments of COBRA premiums, as provided in the Stipulation, as alimony to Plaintiff by wage attachment against Defendant. By the Court: ./1 J. DEBORAH K. HODGES Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-1892 CIVIL TERM . . ROBERT J. HANKES Defendant : IN DIVORCE . . STIPULATION FOR ENFORCEMENT OF DECREE IN DIVORCE AND NOW, this A- day of ~~ 1996, DEBORAH K. HODGES, Plaintiff, (Wife) and ROBERT J. HANKES, Defendant, (Husband) parties to the above action, and their respective undersigned counsel, agree and stipulate as follows: 1. A final Decree In Divorce was entered in this matter on May 21, 1996, which incorporated into the said Decree the Separation and Property Settlement Agreement (Agreement) of the parties dated May 16, 1996. 2. Husband hereby acknowledges and reaffIrms his obligation under the Decree and the Agreement to pay on a timely basis for Wife's health, hospital and dental insurance premiums for such period as the benefits are available through Husband's employer under the terms of COBRA or for the period until Wife shall obtain employment providing her with equivalent coverage at no expense, whichever period shall be shorter. 3. The parties agree and stipulate that such payment of COBRA benefits shall be paid directly by Husband to Wife for the month of November, 1996, simultaneous with the execution of this Stipulation, and, thereafter, beginning with the obligation for December 1996, due December 1, 1996, by means of a wage attachment against Husband payable to Wife through the Domestic Relations Section of the Cumberland County Court of Common Pleas. 4. The parties agree and stipulate that such payment shall be in the amount of $117.54 per month, or for such other amount as may represent the COBRA premium for the continuation of the COBRA coverage presently erijoyed by Wife. 5. The parties agree to cooperate as necessary to assure the timely establishment and implementation of an appropriate Domestic Relations account for the payment of the said premiums. The parties further agree that upon the termination of Husband's obligation under the Agreement and Decree to make payment of such premiums they shall cooperate to assure the termination of the Domestic Relations account and the wage attachment against Husband for the payment of said premiums. 6. The parties agree and stipulate that the insurance premium payments collected through the Domestic Relations account shall not constitute alimony for federal tax purposes and shall not be reportable by Wife as income nor deductible by Husband as such. 7. Husband agrees to pay to Wife, and Wife agrees to accept from Husband, the sum of THREE HUNDRED DOLLARS ($300.00) to be paid simultaneous with the execution of this Stipulation in fun satisfaction of Wife's claim against Husband for reimbursement of her legal fees and costs incurred in connection with the finalization of the Separation and Property Settlement Agreement and the divorce action between the parties, and for legal fees and costs incurred by Wife on account of Husband's failure to perform his obligations under the Agreement. 8. Upon execution hereof, and the payment to Wife of the sums due her hereunder pursuant to Paragraphs 3 and 7 hereof, the parties agree that this Stipulation shall be nIed with the Court with the request that the terms hereof be made part of an Order of Court in the above-captioned matter, and Wife shall withdraw her Petition for Enforcement of Decree In Divorce nIed in this matter. :. The Plaintiff and Defendant do verify that they stipulate as set forth above and that the statements herein are true and correct to the best of their knowledge and information and belief. , ~ \, 2 ~~k. HODGE Plaintiff /1 / lhLo/ Y">" / /' ~/'tj f - ROBERT J. HANKES Defendant .-. -- . ao(~ ANDREA . JACOBSEN, Esq. Attorney for Plaintiff ~~~ . L L. ANDES, Esq. Attorney for Defendant (') .0 ~ c en .~ -nF-"':: '==' :;:l ~'1 mi:i; n '] ~. ~~. - t1 'D -t.' ..J .~t -f ~F ~ J; ~- q - - 0 c: .. -, .., :.., - ~ 00<; en ~ , VS DR 26177 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DOMESTIC RELATIONS SECTION DEBORAII K. IIODGES. PLAINTIFF ROBERT J. HANKES. DEFENDANT CIVIL ACTION - DIVORCE NO. 95-1392 ORJ)F.R OF ATTACUMF.NT OF INCOMF. TO; Big Spring School District. 40 Mount Rock Road. Newville. PA 17241 AND NOW. this 23rd dav ofJanuarv. 1997. pursuant to laws of the Commonwealth or Pennsylvania. the income of Robert J. Hankes. defcndant/obligor. social security number, 343-56- 524501'600 N. Baltimore Street. ApI. C. Mt "oily Springs. PA 17065. is hereby attached to the following extent. ~ ,.., ~ You arc directed to pay tothc Domcstic Rclations Scclionofthc Court ofCommoll~e'cas of Cumbcrland County.lhe som ofS117.54 per month out of the ineomc duc Ihe dcfcndant/obllgor.. with' ten days afler the date or the defendant/obligor is paid, "', uJ ~ MAKE CHECKS PAYABLE TO: -j\ DOMESTIC RELATIONS SECTION P.O. IJOX J211 CARLlSLE,I'A 171113 .,:;.~\~\ '-:i':}~ oJ> .:;:;. .. ~ IDENTIFY THIS PA YMF.NT IJY I'LAC1N(; NUMIJER OR 26177 ON YOUR CHECKlPA YMENT, Upon reeciplofthc support paymcnt. the [)omcstic Rclations Ollicer will distribute thc payment as follows: $117.54 pcr month SUPPORT AMOUNT OWED $_ per ARREARAGE DUE PLAINTIFF $235.08 $_pcr ARREARAGE [)LJE DPW $ S_per BLOOD TESTS/COSTS $ $_per SERVICE FEES/COSTS $24.00 This Order of allaclllllelll of suppon is binding upon you unlillilMher nOlice and shall have priority over any ollodullent. execotion. garnishment. Slale or local lax withholding or wage assignmenlunder slule or locolluw except one relaling to II prior suppon Order, You musl commence Ihe IIl1achmenl of the delcndllntlobligor's income liS soon as possible buloo IlIler lunli,uneen ( 14) days from Ihe dUle of Ihe issuunce of Ihis Order of AlIlIclllllCnl. You urc noli lied fun her Ihul pursuanllo law: J, The defendanl/obligor hus bcennolilied Ihul un Order of Allaclllllenl for Support would be issued.. 2, Willful failure to comply wilh this Ordcr may rcsult in (I) your bcing adjudgcd in contcmptofCourlnnd commillcd to jail or Iincd by thc Coun: (II) yonr being Iiablc lilr any amonntunt wilhhcld or wllhhctd hut not forwardcd to thc Domestic Relations Scction: and (III) allachmcntofyour lilllds or propcrly, 3. Thc allachmcnt of incomc or thc possibility thcrcof as a basis. In whulc or In pun. lilr Ihc dlschnrl!c III' nn cmploycd or any disciplinary action ngainst or demolionuf un cmployce is prohibitcd, Violntion mny rcslllt In (II Y"llr being adjudgcd in contcmpt and conllnillcd tojuil or Iinncd by thc Court; and (II) nn action agnlnst yon hy Ihc employcc lor dumagcs, 4, Iftherc arc in your employmcnt. one or more addilional cmployccs whosc incmncs arc suhJcclto Ordcr III' thc Coun of Common Picas of Cumbcrland Court for allachmcnt for suppon: yon muy cllmhlnc Ihc nllnchmcnt paymcnts into n singlc paymcntto thc Domcstic Relations Scclion nnd scpnmtcly idcntify Ihc portion nllrlhulnhlc In each obligor, 5, You must nnlily thc Domcstic Rclntions Scction whcn thc dcfcndunl/ohligor tCrlnlnalcs cm),III)mCnlnnd provide thc Domcstic Rclalinns Scclion wilh thc cmploycc's la,t known nddrcss und Ihc IInmc nnd mhlrcss III' Ihc ncw cmploycr i!'known, 6. Thc maximum amoont of the nllacllll1cnl shall not cxcccd 50% oflhc dcfcndnm', dlsposnhtc cnrnhllls, 7, The term "incomc" as detincd hy law includcs compcnsation lilt scrviccs. Including but nOlllmiled to wages. salarics. fccs. compcnsation in kind. commissions, and similar items. incmnc dcrivcd IhulI hllslncss, linin dcrivcd from dcalings in propcny. inlcrcst. rcnls. royultics, dividcods. nnnuilics, incomc from mc Insurllncc nnd cndowmcnt contmcts. allliml1s ofrctircment. pcnsions. incomc from dischnrgc of indchlcdncss, dlstrlhutlve shnrc of partncrship of gross incomc. Incomc in rcspcctof dcccdcrll. incomc lhun nn hllcrcstln nn cstntc or Irust. mllllnry retiremcnt hcnetits. milroad cmploymcnt rctircmclll hcnclits. socinl sccurily hcnclih, IClllJlorury nlllll'crtnnncnl disabilily bcnctils. workman compcnsation and oncmploymcnl compcnsnlion, YOU MAY DEDUCT FROM TIlE IlALANCE DUE TilE IlEFENIMNT AN AMOIJNT EI}IJAI. TO TWO PERCENT (2%) 01' THE AMOUNT PAID FOR CLERICAL WORK ANI> EXI'ENSE INVOLVE!> IN COMI'LVINO Wlnl TIlE ORDER, (SEE I'ENNSYI.VANIA LAW 1<)85.6(, SECTION 4348,) BY TilE COURT. DRO: WDGl1ld/bjh ~~1:.6,,", ("J ~ 0 F; ...., "'1 -r-;~. - ~ f]t' .!~.. -,'.' :n - , il,,,=- (.,) "71 ~> 0 "6 -' r;: l. :2 -~58 ~.: (~ -. "Pn -" c..) OJ .., ~ ;,,,:! ~." :..:., co ....; . . l'l '1 t 0 11I !:: f<l .. j::l ~ .. < :l .. ~ Z 1Il Z <: ~ = .. ~ a !! ;.1 ...l >< >< >< 0 .. ..l Jol ~ " z z d z f<l III - Jol ;J 0 ;: 0: .. ::<: S .. .... 0 -< " z U'I " ~ N " :r. Jol ;.1 ~ C") ~ (<:. h ~ i~~~ lL' ."... ( ).;..- - l..."~ ..;.. ---t. I - p--'-' 0- ~:~ 1'1::; ,~. ::J ,.- 'C ~~~; ~'~ 6'~ r,Cl LliO.. N ~~:.' ..... "](;J ," t..' ~: ~;'1- .' 0 U. (l\ :5 0 ;), 0 . . . " )- t . parties resolved the matter by Stipulation. A copy of that Stipulation is attached hereto and marked as Exhibit A. 4. Pursuant to the terms of the Stipulation, Defendant was to pay $117.54 per month for a period of three years, commencing in May of 1996, with credit given to Defendant for payments he had made prior to the date of the Stipulation and lump sum payments he was to make pursuant to the Stipulation. Defendant's obligation to make such payment was enforced by an attachment of his wages through the Domestic Relations Office of this court. 5. The wage attachment was dully entered and Defendant has made all payments pursuant to that. 6. Defendant's obligation to make payments pursuant to the Stipulation of 4 December 1996, and the Order of this Court entered upon it, ended in May of 1996. 7. The attachment of Defendant's wages has not been terminated or suspended, despite Defendant's repeated requests to Plaintiff and to the Domestic Relations Office. 8. Defendant has over paid his obligation to Plaintiff under the terms of the Property Settlement Agreement and the prior order of this Court by having his wages attached from May of 1996 to the present. Defendant's wages continue to be attached and he continues to suffer the loss of funds which he does not owe to Plaintiff every time he is paid by his employer. 9. Defendant has incurred expenses as a result of Plaintiffs refusal to comply with the terms and provisions of the parties Property Settlement Agreement and their Stipulation dated 4 December 1996. At the present time, Defendant expects his total fees in having this matter resolved will exceed $500.00. WHEREFORE, Defendant prays this Court to immediately terminate the attachment of his wages and to award to him counsel fees in the amount of $500.00 for the fees incurred as a result of the Plaintiffs refusal to comply with the prior agreement of the parties and the prior orders of this Court. ~~~ Samuel L. Andes 2S O~ Jffl Attorney for Defendant Supreme Court ID # 17225 525 North 12'h Street Lemoyne, PA 17043 (717) 761-5361 DEBORAH K. HODGES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, PENNSYLVANIA . . v. : NO. 95.1392 CIVIL TERM ROBERT J. HANKES Defendant . . : IN DIVORCE . . STIPULATION FOR ENFORCEMENT OF DECREE IN DIVORCE AND NOW, this A- day of ~~r. 1996, DEBORAH K. HODGES, Plaintiff, (Wife) and ROBERT J. HANKES, Defendant, (Husband) parties to the above action, and their respective undersigned counsel, agree and stipulate as follows: 1. A final Decree In Divorce was entered in this matter on May 21, 1996, which incorporated into the said Decree the Separation and Property Settlement Agreement (Agreement) of the parties dated May 16, 1996. 2. Husband hereby acknowledges and reaffIrms his obligation under the Decree and the Agreement to pay on a timely basis for Wife's health, hospital and dental insurance premiums for such period as the benefits are available through Husband's employer under the terms of COBRA or for the period until Wife shall obtain employment providing her with equivalent coverage at no expense, whichever period shall be shorter. A 3. The parties agree and stipulate that such payment of COBRA benefits shall be paid directly by Husband to Wife for the month of November, 1996, simultaneous with the execution of this Stipulation, and, thereafter, beginning with the obligation for December 1996, due December 1, 1996, by means of a wage attachment against Husband payable to Wife through the Domestic Relations Section of the Cumberland County Court of Common Pleas. 4. The parties agree and stipulate that such payment shall be in the amount of $117.54 per month, or for such other amount as may represent the COBRA premium for the continuation of the COBRA coverage presently erijoyed by Wife. 5. The parties agree to cooperate as necessary to assure the timely establishment and implementation of an appropriate Domestic Relations account for the payment of the said premiums. The parties further agree that upon the termination of Husband's obligation under the Agreement and Decree to make payment of such premiums they shall cooperate to assure the termination of the Domestic Relations account and the wage attachment against Husband for the payment of said premiums. 6. The parties agree and stipulate that the insurance premium payments collected through the Domestic Relations account shall not constitute alimony for federal tax purposes and shall not be reportable by Wife as income nor deductible by Husband as such. 7. Husband agrees to pay to Wife, and Wife agrees to accept from Husband, the sum of THREE HUNDRED DOLLARS ($300.00) to be paid simultaneous with the execution of this Stipulation in fun satisfaction of Wife's claim against Husband for reimbursement of her legal fees and costs incurred in connection with the finalization of the Separation and Property Settlement Agreement and the divorce action between the parties, and for legal fees and costs incurred by Wife on account of Husband's failure to perform his obligations under the Agreement. 8. Upon execution hereof, and the payment to Wife of the sums due her hereunder pursuant to Paragraphs 3 and 7 hereof, the parties agree that this Stipulation shall be filed with the Court with the request that the terms hereof be made part of an Order of Court in the above-captioned matter, and Wife shall withdraw her Petition for Enforcement of Decree In Divorce nIed in this matter. , The Plaintiff and Defendant do verify that they stipulate as set forth above and that the statements herein are true and correct to the best of their knowledge and information and belief. ,~ I , ~~ 1r;xJJ.~ o. .A DEBORAH K. HODGE Plaintiff .1i lb / c(/1 fi _/__ ROBERT J. HANKES Defendant ~ }" ~ GW/'- , ANDREA ' . JACOBSEN, Esq. Attorney for Plaintiff ~~ Attorney for Defendant \' >~:\/..,-, t''': ". t l"~; ,'" '.....! ~_.- 1\.1.1'\' . --',.I. .." ...;\" j' 0.:1 .'oJ I:' ",:1 ...;.~j !.. n')',' ,'\-..;...:""'; . , JON 2 8200lrl CAROLYN E. NAUMAN. Pluintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA v : CIVIL ACfION - LAW STEVEN L. GORDON, Delcndant : NO, 95 - 1394 CIVIL : IN CUSTODY COURT ORDER AND NOW, thij,~~ of June. 2001. upon consideration of the attached Custody Conciliation Report. it is ordcrcd and dirccted as follows: I. This Court's prior Order of Fchnmry 26. 1998 shall remain in ellcct pcnding order of this court. 2. Upon Father securing an evaluator and upon Father paying costs of the evaluation. the parties shall suhmit themselves und the minor childrcn to a custody evaluution to be perfonned by an independent evaluator. The evaluator shull rcmain indcpcndent and shall bc tree to share with both parties and their counsel the results of the evaluution. The evaluator shall detenninc which children and any other pertinent individuals who shall bc involved in the evaluation. Upon the conclusion ofthc evaluation and in thc event the parties are unable to reach an agreement on an order at that time, either party may r~'quest that this case aguin be rclcrrcd to the Custody coneiliator for a conlcrence. Carolyn E. Nauman 1359 Creek Road Carlisle. P A 17013 J. ce: Sally J. Winder. Esquire ,. '. t , u . "